Terms of Service
Terms of Service
Terms of Service Agreement
This Terms of Service Agreement (hereinafter referred to as the "Contract") is entered into as on [Date of Service] (hereinafter referred to as “Effective Date”),
By and Between
[Regenteq Diagnostic Solutions] (hereinafter referred to as “Company”) and
[Customer identified in the Service Authorization, estimate, work order, online request or other ordering document] (hereinafter referred to as the “Customer”),
The Company and the Customer are collectively referred to as the "Parties" and individually as "Party".
WHEREAS the Customer wants to avail the Services from the Company.
AND WHEREAS the Company is willing to provide the aforementioned services to the Customer.
NOW, THEREFORE, in consideration of the foregoing covenants and promises both the Parties have agreed to enter into this Contract with the following terms and conditions:
Terms and Conditions
The following terms and conditions shall define and govern the relevant aspects of the contract.
1. Description of Services
Starting on Date of Service the Company will provide the following mobile services at the rates listed in Section 2, (as needed or requested) to the Customer:
Module Programming
Programming and reflashing original and new replacement modules that are currently connected to the vehicle. Some limitations may apply.
Forced Parked Regens
Does your DPF Filter light keep flashing? Is your soot load high and you can no longer initiate a parked regen? With our dealer level software, we can force a parked regen, getting your soot level down and performance up.
Exit Engine Derate
Some aftertreatment system faults cause your truck to degrade performance and limit speed. Sometimes even after the issue has been corrected you could still experience engine derate. With our dealer level software, we can exit derate inducement once the correction has been made. Sometimes we can temporarily exit derate before a repair is made, enabling you to safely move your truck to a different location.
Check Engine Light Reset, Fault Retrieval and/or troubleshooting
Sometimes you just want to know why that pesky check engine light is on. We're here to help. We will connect to your truck with our OEM software and inform you of your fault codes. From there you can choose to have us:
1. Clear the codes- codes may return if problem has not been solved.
2. Troubleshoot the codes- hourly labor rate applies and can be very time consuming and in depth.
3. Offer conjecture- give you an educated guess as to the cause and/or solution based on experience.
ABS, TC, HSA, ESC, Radar, LDW Fault Retrieval and/or troubleshooting
ABS Light on? Adaptive cruise not working? Lane departure warning on the fritz? We're here to help. We will connect to your truck with our OEM software and inform you of your fault codes. From there you can choose to have us:
1. Clear the codes- codes may return if problem has not been solved.
2. Troubleshoot the codes- hourly labor rate applies and can be very time consuming and in depth.
3. Offer conjecture- give you an educated guess as to the cause and/or solution based on experience.
Unspecified Repairs
The customer may request a repair or service not specified in this agreement or published on the company’s website. At the sole discretion of the technician, the technician may choose to accept the request and make the repair (if equipped to do so), or decline the request.
2. Fees and Rates
Service Fee
$230.00
Non Refundable. The cost of dispatching a technician to your location regardless of amount of work performed, if any. This does not include labor. For new customers, this must be paid up front. Once an account is established, the fee may be invoiced.
After Hours Fee
$100.00
This fee is charged in addition to the standard service fee for dispatching a technician outside of posted hours of operation.
Hourly Labor Rate
$115.00
Cost of labor per hour. Labor hours are rounded to nearest 1/4 hour. There is no minimum hours. For example: 15 minutes of labor = $28.75.
Fuel Surcharge (>20 Miles)
$1.00/ Mile
$1.00 per mile charged for all miles traveled over 20 miles from principal place of business
3. Payment
The Customer agrees to pay the Service Fee in full, for the amount of $ 230.00 prior to dispatch of mobile technician. The Customer agrees to pay for all the parts, labor, fees, and other charges incurred during the performance of any repairs and/or services authorized by the Customer. Upon completion of the services, the Company will provide an invoice for the balance due. The terms of payment are Net 15 (balance due 15 days after receipt).
4. Mechanic’s Lien; Lien Sale; Collection
In addition to any and all other legal remedies available to Company, Customer authorizes and acknowledges an express mechanic’s lien in favor of Company on the vehicle described herein for all charges for repairs, including labor and parts. Customer authorizes and acknowledges that if payment in full is not received within ten (30) days after Company has notified the Customer that the repairs are completed: (i) Company may, in accordance with applicable state law, begin lien sale proceedings and sell the vehicle at public auction; and/or (ii) Company may refer such account to its attorneys or a collection agency for collection.
5. Right to Refuse Service
The company reserves the right to refuse service due to safety concerns. If a technician is dispatched to a location where a unit is disabled, in an unsafe environment, and cannot be moved to a safer location within a reasonable amount of time, the technician has the right to refuse service at his/her sole discretion.
6. Right to Reschedule
The company reserves the right to reschedule. Should the service and/or repair require more time than originally expected to complete and/or additional tooling and/or supplies; the technician may reschedule to a later time/date, mutually agreed upon by the company and the customer.
7. Independent Contractor
It is agreed that the Company shall perform the specified services as an Independent Contractor and shall maintain an independent business and use its tools or equipment.
8. WARRANTY DISCLAIMERS AND LIMITATIONS
LIMITED WARRANTY ON SERVICES
The Company shall provide a limited warranty to the Customer for the installation of parts performed under the terms of this Contract. This warranty shall stay for a period of 30 days following the completion of all the aforementioned repairs. During the warranty period, the Company promises to correct any faults related to part(s) installation performed in relation to this Contract at its sole expense. This warranty only covers the cost of labor and does not extend to any parts used for repairs, wiring, electrical components, or labor hours accrued during diagnostic troubleshooting.
In Layman’s terms, the only warrantable jobs include replacement of parts by the company. This warranty does not cover the part itself, but only the labor charged for installation.
If damage or premature failure is a result of improper or inadequate installation techniques, the part(s) and labor will be covered by the company at its sole expense, providing evidence of such occurrence is properly documented and presented to the company.
COMPANY PROVIDES NO OTHER WARRANTIES CONCERNING ITS SERVICES AND DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED.
PARTS – MANUFACTURER WARRANTIES ONLY: Any warranties on any Parts are limited only to those written warranties provided by the applicable Part’s manufacturer. EXCEPT FOR ANY SUCH WARRANTIES MADE BY MANUFACTURERS, THE PARTS ARE SOLD WITHOUT ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EACH OF WHICH IS EXPRESSLY DISCLAIMED.
NO OTHER WARRANTIES: EXCEPT AS SET FORTH ABOVE, BY COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. Company neither assumes nor authorizes any other person to assume for it any liability in connection with the services or any parts provided to customer in conjunction with the services.
9. Governing Law; Venue; Time to Commence Action
Except to the extent that the laws of the United States may apply or otherwise control this Agreement, the rights and obligations of the parties hereunder shall be governed by, and construed and interpreted in accordance with the laws of the state in which Company is located, without regard to conflict of law principles. The mandatory venue for any claim, litigation, civil action, or any other legal or administrative proceeding (“Action”) involving any controversy or claim between or among the parties to this Agreement, is the county and state in which Company is located. Customer has one (1) year from the accrual of any cause of action arising from the purchase of the Services to commence an Action against Company.
10. LIMITATION OF DAMAGES
CUSTOMER AGREES THAT IN THE EVENT OF ANY ACTION BROUGHT BY CUSTOMER AGAINST COMPANY, CUSTOMER SHALL NOT BE ENTITLED TO RECOVER ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES AS DEFINED IN THE UNIFORM COMMERCIAL CODE, INCLUDING, BUT NOT LIMITED TO INDIRECT OR SPECIAL DAMAGES, LOSS OF INCOME OR ANTICIPATED PROFITS, OR DOWN-TIME, OR ANY PUNITIVE DAMAGES.
11. Fees and Expenses of Actions
In any Action, whether initiated by Company or Customer, where the Customer has a right, pursuant to statute, common law or otherwise, to recover reasonable attorneys’ fees and costs in the event it prevails, Customer agrees that Company shall have the same right to recover reasonable attorneys’ fees and costs incurred in connection with the Action in the event that Company prevails.
12. Waiver; Severability; Entire Agreement
No waiver of any term of this Agreement shall be valid unless it is in writing and signed by Company’s authorized representative. If any provision or part of any provision of this Agreement shall be deemed to violate any applicable law or regulation, such invalid provision or part of a provision shall be inapplicable, BUT the remaining part of that provision and the remainder of the Agreement shall continue to be binding and enforceable. This Agreement constitutes the entire agreement and understanding between the parties hereto and supersedes any and all prior agreements and understandings, oral or written, relating to the subject matter hereof.