Terms and Conditions of Maintenance and Repair Services

These Parts and/or Service Agreement Terms and Conditions, together with the Estimate and/or Invoice attached are hereinafter referred to as this "Agreement" and shall constitute the entire agreement between the customer identified in the Estimate and/or Invoice ("Customer") and Hasemann Engine Service LLC, hereinafter referred to as “HES”, and supersede any previous agreement or understanding (oral or written) between the parties with respect to the subject matter of this Agreement.

1. WARRANTY DISCLAIMERS AND LIMITATIONS:

1. LIMITED WARRANTY ON SERVICES: HES warrants that the Services will be performed in a good and workmanlike manner (“Services Warranty”). The Services Warranty warrants repair work to be free from defects in workmanship under normal use and service for 90 days or 25,000 miles or 900 hours of operation, whichever occurs first from the date the Services are performed. Customer’s sole and exclusive remedy, and HES’s entire liability under the Services Warranty, is the repair of any nonconforming portion of the Services. The Services Warranty is valid only if the vehicle is returned, at Customer’s expense, to HES’s repair facility. Any claim for repairs to be performed by other than HES must be approved in writing by HES prior to commencement of any work. The Services Warranty extends only to the Customer for whom the Services were provided and not any subsequent purchaser. The Services Warranty is no longer valid if the customer declines a repair that was recommended by H.E.S. that leads to failure/damage to invoiced repairs. In the event of a warrantable defect in workmanship, HES’s obligation shall be limited to correcting the defective workmanship. Services corrected or re-performed shall be subject to the remaining warranty period of the original warranty of the Services. New Parts supplied during correction or re- performance of Services are warranted for the balance of the warranty period still available from the original warranty of such parts. HES PROVIDES NO OTHER WARRANTIES CONCERNING ITS SERVICES AND DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED.
   

2. PARTS – MANUFACTURER WARRANTIES: Any warranties on any Parts are limited only to those written warranties provided by the applicable Part’s manufacturer. Customer Supplied Parts - HES will not handle a Manufacturer Warranty for any customer supplied parts.

3. PARTS – HASEMANN ENGINE SERVICE PARTS WARRANTY: Parts on equipment utilizing tune files from Diesel Spec Incorporated are warrantied for 90 days or 25,000 miles or 900 hours of operation, which occurs first from the date of services. This warranty applies only to equipment tuned up to 650 HP. To claim warranty, Diesel Spec Incorporated invoice number will be required. Customer Supplied Parts - Hasemann Engine Service Parts Warranty will be void if failure/damage is deemed fault of customer supplied parts.

NO OTHER WARRANTIES: EXCEPT AS SET FORTH ABOVE, HES EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. HES 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.

2. RATES; AUTHORIZATION; ADDITIONAL REPAIRS: HES’s charges for labor are based on actual mechanic’s time. If a written estimate is provided, Customer will not be charged more than the estimated price approved by Customer. However, if HES discovers that different or additional repairs are indicated, Customer will be contacted for authorization to make such additional repairs. Authorization may be given by customer orally - including over the phone, or written - including by email and text. In the event that Customer authorizes commencement but does not authorize completion of a repair or service, a charge will be imposed for disassembly, reassembly, or partially completed work. Such charge will be directly related to the actual amount of mechanic’s time and/or parts involved in the inspection, repair, or service performed. HES will submit warranty claims on behalf of Customer for manufacturers for whom it is authorized to perform warranty service; however Customer understands and agrees that it is responsible for full payment for any Services provided that are not covered by warranty. HES is not responsible for any loss, damage, or other liability caused by, arising from, or related to repair or maintenance work recommended by HES that is declined by Customer. Customer agrees that HES employees may operate Customer’s vehicle for purposes of facilitating the repairs, including but not limited to diagnosing, road testing, and sublet services.

3. PAYMENT TERMS; STORAGE FEES: Unless otherwise provided for in this Agreement, payments are due upon receipt and prior to Customer retrieving equipment. If payment is not received when due, in addition to any rights HES has under the law and charges that HES may levy under statute, HES may charge Customer eighteen percent (18%) interest annually, or the maximum amount allowed by law, on late payments. Customer agrees to pay all costs of collection and attorneys' fees for any late payments. If the vehicle described herein is not picked up within three (3) days after such notice is given, HES may charge daily storage fees at rates that are ordinary and customary for the area, but not to exceed $50.00 per day or the maximum rate allowable by applicable law.

4. OEM PARTS: Customer acknowledges that estimates for non-warranty repairs may include parts not made by the original manufacturer. Parts used in the non-warranty repair of customer’s vehicle by other than the original manufacturer are required to be at least equal in like kind and quality in terms of fit, quality and performance to the original manufacturer parts they are replacing.

5. SUBLET REPAIRS:Customer acknowledges that portions of the repairs may be provided by a subcontractor hired by HES and Customer hereby authorizes all sublet repairs that HES, in its sole discretion, may deem necessary.

6. DAMAGE; THEFT: HES is not responsible for loss of or damage to the vehicle due to or arising from fire, weather, theft or any other cause except the sole negligence of HES. HES is not responsible for any loss or damage to articles of personal property that have been left in the vehicle or for loss or damage to bodies, trailers or special equipment, including any cargo, materials or supplies carried on or in such bodies, trailers or special equipment, whatever the cause.

7. MECHANIC’S LIEN; LIEN SALE; COLLECTION: In addition to any and all other legal remedies available to HES, Customer authorizes and acknowledges an express mechanic’s lien in favor of HES on the vehicle described herein for all charges for repairs, including labor and parts, storage and/or towing. Customer authorizes and acknowledges that if payment in full is not received within thirty (30) days after HES has notified the Customer that the repairs are completed: (i) HES may, in accordance with applicable state law, begin lien sale proceedings and sell the vehicle at public auction; and/or (ii) HES may refer such account to its attorneys or a collection agency for collection.

8. DISPOSITION OF PARTS: All Parts replaced by HES as a result of making repairs covered by any warranty or for which claims will be presented to the manufacturer shall become the property of HES. All other products replaced in making repairs, unless otherwise a condition of the sale or unless Customer requests and removes promptly at the time products are delivered, shall become the property of HES. Any materials left on the premises of HES after repair work has been completed will be considered abandoned. Such materials may be scrapped or sold at the sole discretion of HES.

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 HES 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 HES 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 HES.

10. DELAYS: HES shall not be liable for any delays in performance that result directly or indirectly from acts of Customer or causes beyond HES’s control including, but not limited to, acts of God, accidents, fire, explosions, flood, unusual weather conditions, acts of government authority, delays in transportation, fuel or materials, accidents, embargos, or labor disputes.

11. LIMITATION OF DAMAGES: Customer agrees that in the event of any action brought by Customer against HES, 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.

12. FEES AND EXPENSES OF ACTIONS: In any Action, whether initiated by HES 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 HES shall have the same right to recover reasonable attorneys’ fees and costs incurred in connection with the Action in the event that HES prevails.

13. WAIVER; SEVERABILITY; ENTIRE AGREEMENT: No waiver of any term of this Agreement shall be valid unless it is in writing and signed by HES’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.

14. INSURANCE: Upon Customer’s request, HES will provide to Customer a Certificate of Insurance evidencing HES's relevant insurance coverage.

15. COMMUNICATION CONSENT; USE OF CUSTOMER DATA: HES may use information Customer provides HES, including but not limited to email addresses, cell phone numbers, and landline numbers (“Customer Data”) to contact Customer for purposes related to this account, including debt collection, and for marketing and sales purposes. You also authorize HES and its affiliates to use and disclose Customer Data to third parties for any purpose in an anonymous or aggregated form that does not identify Customer. In addition, Customer Data and vehicle maintenance service and repair information arising from or created as a result of maintenance and repair services provided by HES to Customer, including vehicle owner information, vehicle identification numbers and vehicle specifications (“Vehicle Repair Data”), may be provided to vehicle/component manufacturer(s) and the vehicle/component manufacturer(s) dealers, and their respective service management platform providers (“Maintenance Third Parties”) and used by HES and such Maintenance Third Parties to support and enhance vehicle repair services provided to HES and the Maintenance Third Parties’ customers. You also authorize HES and the Maintenance Third Parties to use and disclose Vehicle Repair Data to third parties for any purpose in an anonymous or aggregated form that does not identify Customer.