Terms Of Service, Sales And Warranty
TERMS OF PAYMENT AND SERVICES OFFERED
Terms of Payment and Services Offered:
1. SCHEDULING / BOOKING FEE: Hamilton Alignment and Brakes DOES NOT charge any scheduling or booking fees.
2. PAYMENT: is due by the customer upon substantial completion of the work. No deposit is required, except for jobs with a value of over $3,000.00, in which case, a deposit may be required, at our discretion.
3. SERVICES OFFERED: We sell automotive repair services, automotive parts, and, installation of same, and, we also sell vehicle tires, batteries, and automotive lubrication and various accessory products. We also sell used vehicles, and, may also offer automotive parts, or other products, from time to time, for sale through our physical location(s), or, our website properties. The terms and conditions noted below shall apply to all aforementioned products and services, unless any such sale is governed by a separate document, such as a automotive sales agreement, in which case, the separate document / agreement shall take precedence in the event of any conflicting terms or conditions.
4. ESTIMATED COST OF REPAIRS AND PARTS: where the prices of repairs, including parts, have been estimated and conveyed to the customer by any means, the customer understands and acknowledges that such an estimate may vary, depending on the availability, inventory, or current price of such goods. The customer will pay to Hamilton Alignment and Brakes the actual costs for said parts, materials, and services on the final invoice rendered. Hamilton Alignment and Brakes will provide a copy of the receipts for all parts and materials on request.
5. DISHONOURED PAYMENTS: In the event of a dishonoured cheque, or other financial instrument or payment, received from the customer, and which was made payable to Hamilton Alignment and Brakes, for goods purchased or services rendered, and where such payment is returned by the customer's financial institution for non-sufficient funds, "stop payment," or for any other reason whatsoever, a service charge of $100.00 will immediately be payable by the customer, to HAB Auto, for each and every such occurrence.
6.OWNERSHIP OF GOODS, PARTS, and/or VEHICLES: Hamilton Alignment and Brakes asserts ownership of all goods until payment in full has been made by the customer.
7. INTEREST: Interest in the amount of thirty percent per annum, compounded monthly, is due on all overdue accounts payable to Hamilton Alignment and Brakes.
8. ACCEPTABLE PAYMENT TYPES: Payments may be made to HAB by credit card, Electronic Funds Transfer (Interac eTransfer), debit card, and by personal or company cheque (with identification), certified cheque, cash, bank draft or money order, or wire transfer. Where the value of the invoice / contract / payment exceeds $10,000.00, HAB may require payment be made by certified cheque, bank draft, money order, or wire transfer.
9. CREDIT ACCOUNTS: Hamilton Alignment and Brakes does not extend credit terms.
TERMS OF SALES, SERVICES
and, WARRANTY TERMS
1. The Parties
Hamilton Alignment and Brakes, also d.b.a. “http://www.hamiltonalignmentandbrakes.com,” may also hereafter be known as " Hamilton Alignment and Brakes," or "HAB," or "HAB Auto. The Purchaser of goods or services may hereafter be referred to as The “Client,” or“Customer.” Collectively, Hamilton Alignment and Brakes and The Purchaser may hereafter be referred to as “The Parties.”
2. Separate Agreement for Repair Services or Automotive Purchases
Repair services, or, the sales of used automobiles, may be subject to a specific agreement between The Purchaser (Client) and HAB. If such an agreement has been executed by the parties, and, where any conflict may exist, the specific agreement or contract shall take precedence over this document. In the absence of a separate agreement, this document shall constitute the agreement by the parties.
3. Agreement of Parties
Where the products being purchased by the Client are for physical goods, such as automotive parts, materials or components, or for any other product or service whatsoever not governed by a separate agreement or contract between the purchaser (Client) and HAB, known collectively as “the parties,” the following terms and conditions will apply, are stipulated to, and agreed upon by the parties:
4. Shipping Times
Shipping times for goods and materials vary and are subject to variety of conditions, and, the policies of retailers, wholesalers, distributors, manufacturers, and, are subject to the availability of the goods. HAB makes no guarantees as to delivery times or availability for any particular parts, materials, or goods. It is the Client’s responsibility to satisfy themselves as to expected delivery times for goods ordered, and, to make allowances for any possible delays in delivery. Once ordered, all physical products are completely non-refundable unless the goods are not received within 90 days from any expected delivery date, and, only then if a full refund paid by HAB to the vendor for such products can be obtained by HAB.
5. Included / Not included in Prices, Estimates & Quotes
Estimates and quotations will always be prepared on a “labour cost only” basis, plus, all estimated or actual prices for parts, materials, or other automotive products are always separate, and, are NOT included in prices quotes unless otherwise indicated in the estimate or quotation. Taxes are always extra and are not included in estimates or quotations unless otherwise specified. Delivery charges (if any) are extra, and will be quoted separately.
6. Sales Final
All sales are final. Deposits or partial payments are non-refundable, except at the sole and absolute discretion of HAB.
7. Proof of Warranty Claim Documentation
THE INVOICE DOCUMENT IS BOTH YOUR OFFICIAL INVOICE AND PROOF OF PURCHASE FOR WARRANTY CLAIMS. Please note that no additional invoice will be sent to you.The invoice will serve as your invoice or proof of purchase, and warranty; you will require this document as your proof of purchase for all warranty claims: PLEASE DO NOT LOSE THE INVOICE DOCUMENT. No other document will serve as a proof of purchase; Hamilton Alignment and Brakes, reserves the right to confirm customer identification before processing any warranty claims. If you have any questions, please ask us before completing your purchase.
WARRANTY ON REPAIRS OR INSTALLATION OF PARTS: HAB provides a ONE YEAR or 20,000 KILOMETER (whichever comes first) LIMITED WARRANTY on the quality our installation labour; for any defects in the installation or repair workmanship only. We will repair, or replace at our sole and absolute discretion, any deficiency explicitly caused by a defect in our installation methods or work. This warranty DOES NOT cover any issue with physical parts or products used in the work. We do NOT warranty any parts or other products, or, repairs caused by the failure of same. The warranty shall be valid for a maximum of one year from the invoice date of the work performed, or, for 20,000 kilometers of driving on the vehicle, whichever comes first. We do NOT offer any service as a part of this warranty to cover transportation of the vehicle to HAB Auto; it is the customer's sole responsibility to transport the vehicle to HAB for any warranty claims or repairs, at the customer's sole expense.
The warranty protects against labour installation defect or failure only. The Customer will hold as harmless HAB from any other claim or liability. The warranty (if applicable), except where otherwise indicated herein, covers repair labour cost only; no other claims will be honoured or considered valid. HAB's warranty (if applicable), specifically excludes reimbursement, repair, or replacement of any damage caused by the customer, howsoever occasioned.
All physical products, or parts, materials, or components sold as "refurbished," "used," "reconditioned," or "demo units," or "re-manufactured," carry NO warranty, and are sold “as is” unless otherwise indicated by written agreement of the parties. Physical products or parts or materials sold as new MAY carry a manufacturer’s warranty, for which HAB carries no liability or responsibility whatsoever to honour. Please ask us concerning your particular item, or, check with the product manufacturer for their warranty coverage details specific to their product.
WARRANTY ON PURCHASES OF USED VEHICLES: HAB provides a THIRTY DAY or 3,000 KILOMETER (whichever comes first) LIMITED WARRANTY on the mechanical function on any used vehicle we sell. This warranty will cover any mechanical failure of the engine, drive train, fuel system, braking system charging system, cooling system, air conditioning system, steering components, or exhaust system ONLY. Body work, interior of passenger cabin, or accessories such as radios instruments, or dashboards, ARE NOT INCLUDED IN THIS WARRANTY. The warranty covers repairs to any mechanical defects found in the systems noted above. We will repair, or replace at our sole and absolute discretion, any deficiency to the aforementioned parts or systems, or, purchase the vehicle back from the customer at the original sale price, less the cost of any damage caused to the vehicle subsequent to the sale to the customer. The warranty shall be valid for a maximum of thirty days from the sale date, or, for 3,000 kilometers of driving on the vehicle, whichever comes first. We do NOT offer any service or towing of the vehicle, as a part of this warranty to cover the cost of transportation of the vehicle to HAB Auto; it is the customer's sole responsibility to transport the vehicle to HAB for any warranty claims or repairs, at the customer's sole expense. This warranty does NOT cover any damage caused to the vehicle, howsoever occasioned, by the customer or any other person. This warranty does NOT cover any mechanical failure caused by any repair or parts installed to the vehicle subsequent to the sale purchase from HAB by the client, by any person other than a HAB employee on the HAB premises. The absolute value, and liability of HAB, of this warranty shall not exceed the purchase price of the vehicle, as paid to HAB in the sale transaction.
9. Warranty not Transferable
The warranty (if applicable) is not convertible to currency. Please note that the warranty (if applicable) is not transferable, except as may be required by local law, and has no cash surrender value. The warranty-holder is the person or company named on the invoice (the Purchaser / Client).
10. Customer Damage and Acceptance of Products
PLEASE NOTE: ALL customer-caused damage is exempt from warranty provisions. OTHER THAN AS SET FORTH ABOVE, THERE ARE NO WARRANTIES, CONDITIONS OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS, FOR A PARTICULAR PURPOSE.
Unless the Client advises HAB in writing, within 7 days, or as otherwise required by governing law, of the substantial completion of work being performed by HAB, of any defect or deficiency in the work, or quality of the work, The Purchaser (CLIENT) will be deemed to have accepted the quality and sufficiency the work, materials, goods, work product, or repairs, except insofar as deficiencies or defects which are covered by the warranty on installation labour become known at a later date; the maximum warranty period for all such claims being one year from the date of invoice for the work performed.
11. Limitations on Liability
IN NO EVENT SHALL HAB, ITS PARENTS, SUBSIDIARIES, AFFILIATES OR ANY OF THE OFFICERS,DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS OR REPRESENTATIVES OF THE FOREGOING BE LIABLE TO PURCHASER (CLIENT), ANY OF ITS AFFILIATES OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR LOSS OF GOODWILL IN ANY WAY ARISING FROM OR RELATING TO THIS AGREEMENT OR RESULTING FROM THE USE OF OR INABILITY TO USE THE WORK PRODUCT, REPAIRS, RENOVATIONS, GOODS , OR SERVICES, INCLUDING THE FAILURE OF ESSENTIAL PURPOSE. IN NO EVENT WILL HAB’S LIABILITY FOR ANY DAMAGES TO PURCHASER (CLIENT), ITS AFFILIATES OR ANY THIRD PARTY EVER EXCEED THE PURCHASE PRICE PAID BY PURCHASER (CLIENT) TO HAB FOR THE GOODS.
12. Termination on Contingency
This contract will be terminated automatically with respect to the delivery of, or payment for, any Goods or Services not yet delivered when any of following contingencies occur: Shutdown of Purchaser (CLIENT)’s or HAB’s business; and any formal, informal, voluntary, or involuntary action, whether conducted privately or in court, by either party resulting in the surrender of any substantial degree of business management, or private property or holdings, for the benefit of creditors.
This transaction will be governed by the laws of the province of ONTARIO, Canada,and will be subject to the authority of the ONTARIO courts. The Parties hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such court or any suit, action or procedure arising out of this Agreement.
14. Ownership of Goods
Hamilton Alignment and Brakes retains clear ownership and title to all goods and services installed, sold, shipped, built, or otherwise incorporated into the work, and, all legal recourse, inclusive of the registration of liens and/or lawsuits, or otherwise, as may be allowed by law, until the full invoice amount has been settled. All invoices are “cash on delivery,” and are payable upon substantial completion of the work to be performed, or upon the delivery of goods. Where goods or services are not pre-paid or where credit has been extended in writing, all accounts must be settled within 14 days of the invoice date, unless otherwise agreed upon by the parties in writing. All overdue accounts will be subject to interest charges, at the rate of 30% per annum, calculated and billed monthly. Hamilton Alignment and Brakes reserves the right to recover from The Client any and all costs, including but not limited to, legal fees, lien registration fees, filing fees, attorney fees, courier, investigation, registry fees, document reproduction, and any such other costs incurred in satisfying the invoiced amounts owing, or in recovering its property. Any payments made by The Client, and/or any instruments of payment submitted to HAB by The Client, and which are returned by The Client’s financial institution of conveyor unpaid for any reason, shall be subject to an additional fee being levied, for additional handling and collection, in the amount of $100.00 per occurrence.
15. Costs of Action
In the event the Purchaser (CLIENT) in any manner defaults or breaches the terms and conditions of this Agreement, or threatens to do same, or in the event it becomes necessary for HAB to employ an attorney, bailiff, sheriff, process server, or private investigator to investigate compliance, or enforce, any provision of this Agreement, to obtain injunctive relief, collect damages on account of a breach or threatened breach of this Agreement, or if HAB prevails in a tort action commenced by The Purchaser (CLIENT) against HAB, The Purchaser (CLIENT) shall reimburse HAB for HAB's attorney fees, court costs, collection costs, paralegal fees, bailiff fees, sheriff fees, process serving, courier and mail, skip tracing, private investigation fees, document reproduction fees, and/or all other out-of-pocket fees or expenses associated with collecting any amounts, debts, goods, or judgments owing or payable to HAB by the Purchaser (CLIENT).
16. Changes to Pricing, Service Terms, and Warranty
HAB reserves the right to alter our pricing, service and warranty terms from time to time, without notice, and as may be permitted by law. It is the Purchaser's (CLIENT's) responsibility to make themselves familiar with existing pricing, terms of sale, service terms and conditions, and warranty terms, in advance of any new purchase or service request.
17. Refusal of Service or Orders
HAB reserves the right, at our sole and absolute discretion, without limitation, to refuse to accept or fulfill any order or request for service we receive.
The Purchaser (CLIENT) shall indemnify and hold HAB, its parents, subsidiaries,affiliates and all officers, directors, employees and representatives of the foregoing free and harmless from any and all claims, demands, loss, liability or expenses, including reasonable attorney’s and court fees, resulting from:
(i) the injury to, or death of, any person or persons, and/or,
(ii) damage to property of any person relating to the Goods or services purchased,
hereunder which injury or damage is caused by or arises out of the negligence of Purchaser (CLIENT), the improper installation of the Goods by the Purchaser (CLIENT) or its agents, or the condition of Purchaser (CLIENT)’s property.
The failure of either party to insist in any one or more instances upon performance of any of the provisions of this agreement or to take advantage of any of its rights hereunder shall not be construed as a waiver of any such provisions or the relinquishment of any such rights, and the same shall constitute and remain in full force and effect. No single or partial exercise by either party of any right or remedy shall preclude other or further exercise thereof, or the exercise of any other right or remedy. Waiver shall not constitute or be construed as a continuing waiver or a waiver of any other breach of any other provision of this Agreement.
20. Binding Effect
The provisions of this Agreement shall be binding upon and shall inure to the benefit of both parties and their respective successors and assigns.
This Agreement cannot and shall not be assigned or transferred, by operation of law or otherwise, without the express prior written consent of the other parties hereto.
22. Parties In Interest
Nothing express or implied herein is intended, or shall be construed to confer upon any person or entity other than the parties hereto any rights or remedies hereunder.
Headings in this Agreement are for convenience only and should not be used to interpretor construe the provisions there under.
24. Singular and Plural
Unless the context requires otherwise, wherever used herein, the singular shall include the plural and vice versa and the user of one gender shall denote the others where appropriate.
If any part, term or provision of this Agreement shall be determined by any court to be invalid or unenforceable, all of the remaining provisions nevertheless shall remain valid and effective as it is the intention of the parties that each provision hereof is being agreed upon separately.
26. Entire Agreement
This Agreement constitutes the entire agreement of the parties pertaining to the subject matter contained herein and supersedes all prior and contemporaneous agreements, including, without limitation, any representations and understandings of the parties, both written and oral, other than as expressly referenced herein, and where appropriate, delivered at closing. No supplement,modification, or amendment of this Agreement shall be binding unless executed in writing and which specifically refers to this Agreement and states that an amendment or modification is being made in the respects as set forth in such instrument and is made by the parties hereto.
BY SUBMITTING AN ORDER OR SERVICE REQUEST ON OUR WEBSITE, IN PERSON, OR BY ANY OTHER MEANS, OR BY MAKING ANY PURCHASE, THE PURCHASER (CLIENT) AGREES TO BE BOUND BY AND TO THIS AGREEMENT, AND THE TERMS AND CONDITIONS CONTAINED HEREIN.
Thank you again for your business. Please feel free to contact us by email using the button below, or by telephone, if you have any questions about our Terms of Sale, Service, or Warranty.
This document was last revised on: April 27th, 2014.