NOCO DIESEL DUDE
SERVICE AUTHORIZATION, PAYMENT AGREEMENT, LIMITED WARRANTY & TERMS OF SERVICE
ACCEPTANCE OF TERMS & AUTHORIZATION TO BEGIN SERVICE
BY REQUESTING, SCHEDULING, OR ALLOWING NOCO DIESEL DUDE TO PROVIDE SERVICE, CUSTOMER ACKNOWLEDGES AND AGREES TO ALL TERMS LISTED IN THIS AGREEMENT.
CUSTOMER AUTHORIZES NOCO DIESEL DUDE TO DISPATCH, INSPECT, DIAGNOSE, TROUBLESHOOT, SERVICE, AND/OR REPAIR THE REQUESTED VEHICLE OR EQUIPMENT.
CUSTOMER UNDERSTANDS AND AGREES THAT AUTHORIZATION MAY BE PROVIDED BY PHONE CALL, TEXT MESSAGE, EMAIL, ONLINE FORM, VERBAL REQUEST, ELECTRONIC COMMUNICATION, PROVIDING EQUIPMENT LOCATION INFORMATION, PROVIDING ACCESS TO EQUIPMENT, PROVIDING KEYS, OR ALLOWING WORK TO BEGIN.
CUSTOMER UNDERSTANDS A PHYSICAL SIGNATURE IS NOT REQUIRED FOR ACCEPTANCE OF THESE TERMS. REQUESTING SERVICE, SCHEDULING AN APPOINTMENT, OR ALLOWING NOCO DIESEL DUDE TO BEGIN WORK CONSTITUTES AUTHORIZATION AND AGREEMENT TO THESE TERMS TO THE FULLEST EXTENT PERMITTED BY COLORADO LAW.
CUSTOMER CONFIRMS THEY ARE THE OWNER OF THE VEHICLE/EQUIPMENT OR AN AUTHORIZED REPRESENTATIVE WITH AUTHORITY TO APPROVE SERVICE AND ACCEPT FINANCIAL RESPONSIBILITY FOR ALL CHARGES INCURRED.
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PAYMENT AGREEMENT
PAYMENT IS DUE IN FULL IMMEDIATELY UPON COMPLETION OF SERVICE UNLESS PRIOR WRITTEN PAYMENT TERMS HAVE BEEN APPROVED BY NOCO DIESEL DUDE.
CUSTOMER AGREES THEY ARE RESPONSIBLE FOR ALL CHARGES ASSOCIATED WITH SERVICES PROVIDED INCLUDING SERVICE CALL FEES, TRAVEL TIME, DIAGNOSTIC TIME, LABOR, PARTS, MATERIALS, SHOP SUPPLIES, ADMINISTRATIVE FEES, AND ANY APPROVED SERVICES PERFORMED.
CUSTOMER UNDERSTANDS THAT PAYMENT IS OWED FOR SERVICES PERFORMED, TECHNICIAN EXPERIENCE, LABOR, TRAVEL, AND DIAGNOSTIC TIME PROVIDED REGARDLESS OF THE FINAL CONDITION OR OPERABILITY OF THE VEHICLE OR EQUIPMENT.
CUSTOMER AGREES PAYMENT MAY NOT BE DELAYED, REFUSED, OR WITHHELD DUE TO ADDITIONAL REPAIRS BEING REQUIRED, PARTS BEING UNAVAILABLE, EQUIPMENT REMAINING INOPERABLE, ADDITIONAL FAILURES BEING DISCOVERED, CUSTOMER DECLINING RECOMMENDED REPAIRS, OR INTERMITTENT ISSUES BEING UNABLE TO BE DUPLICATED.
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DIAGNOSTIC & REPAIR ACKNOWLEDGMENT
CUSTOMER UNDERSTANDS THAT HEAVY-DUTY VEHICLE AND EQUIPMENT DIAGNOSTICS AND REPAIRS MAY REQUIRE MULTIPLE STEPS AND THAT SOME FAILURES CANNOT BE IDENTIFIED UNTIL OTHER ISSUES ARE ADDRESSED.
CUSTOMER ACKNOWLEDGES THAT INITIAL DIAGNOSIS OR REPAIRS MAY REVEAL ADDITIONAL FAILURES, PRE-EXISTING CONDITIONS, HIDDEN DAMAGE, OR UNRELATED ISSUES THAT WERE NOT APPARENT DURING THE INITIAL INSPECTION.
NOCO DIESEL DUDE DOES NOT GUARANTEE THAT ANY DIAGNOSIS, SERVICE, RECOMMENDATION, OR REPAIR WILL COMPLETELY RESOLVE ALL ISSUES, PREVENT FUTURE FAILURES, IDENTIFY EVERY EXISTING PROBLEM, OR RESTORE THE VEHICLE OR EQUIPMENT TO A SPECIFIC CONDITION.
CUSTOMER UNDERSTANDS THEY ARE PAYING FOR PROFESSIONAL SERVICES, TECHNICIAN TIME, DIAGNOSTIC EXPERIENCE, LABOR, AND REPAIR WORK PERFORMED AND NOT A GUARANTEE OF A SPECIFIC RESULT.
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ESTIMATES & ADDITIONAL REPAIRS
ANY ESTIMATE PROVIDED IS BASED ON INFORMATION AVAILABLE AT THE TIME OF INSPECTION OR DIAGNOSIS AND IS NOT A GUARANTEE OF FINAL COST. A DEPOSIT OF 50%-100% MAYBE DUE PRIOR TO WORK BEGINNING.
CUSTOMER UNDERSTANDS ESTIMATES MAY CHANGE DUE TO HIDDEN DAMAGE, ADDITIONAL FAILURES DISCOVERED, PART PRICE CHANGES, ADDITIONAL LABOR REQUIRED, PREVIOUS IMPROPER REPAIRS, OR CONDITIONS DISCOVERED DURING SERVICE.
CUSTOMER IS RESPONSIBLE FOR PAYMENT OF ALL APPROVED WORK PERFORMED.
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PARTS & LIMITED WARRANTY
ANY WARRANTIES ON PARTS, COMPONENTS, OR ACCESSORIES ARE LIMITED TO WARRANTIES PROVIDED BY THE PART MANUFACTURER.
NOCO DIESEL DUDE DOES NOT PROVIDE ADDITIONAL WARRANTIES, EXPRESSED OR IMPLIED, UNLESS SPECIFICALLY PROVIDED IN WRITING.
CUSTOMER UNDERSTANDS THAT MANUFACTURER PART WARRANTIES DO NOT AUTOMATICALLY INCLUDE LABOR, TRAVEL, DIAGNOSTICS, OR ADDITIONAL COSTS ASSOCIATED WITH REPLACEMENT.
CUSTOMER-SUPPLIED PARTS ARE NOT WARRANTIED BY NOCO DIESEL DUDE, AND CUSTOMER ACCEPTS ALL RESPONSIBILITY FOR FITMENT, QUALITY, FAILURE, AND ADDITIONAL LABOR RELATED TO CUSTOMER-SUPPLIED PARTS.
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WARRANTY EXCLUSIONS
WARRANTY DOES NOT APPLY TO FAILURES OR ISSUES CAUSED BY NORMAL WEAR, ABUSE, MISUSE, LACK OF MAINTENANCE, PRE-EXISTING CONDITIONS, UNRELATED COMPONENT FAILURES, CONTAMINATION, IMPROPER OPERATION, MODIFICATIONS, THIRD-PARTY REPAIRS, CONTINUED OPERATION AFTER A FAILURE OCCURS, OR CUSTOMER DECLINING RECOMMENDED REPAIRS.
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VEHICLE OPERATION AUTHORIZATION
CUSTOMER AUTHORIZES NOCO DIESEL DUDE AND ITS EMPLOYEES TO START, OPERATE, MOVE, AND TEST VEHICLES OR EQUIPMENT ON PUBLIC ROADS, HIGHWAYS, JOBSITES, CUSTOMER PROPERTY, OR OTHER LOCATIONS AS NECESSARY FOR DIAGNOSIS, TESTING, REPAIR, AND VERIFICATION PURPOSES.
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LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, NOCO DIESEL DUDE SHALL NOT BE RESPONSIBLE FOR LOSS OF USE, DOWNTIME, LOST INCOME, LOST PROFITS, RENTAL COSTS, TOWING COSTS, DELAYS, MISSED WORK, BUSINESS INTERRUPTION, CONSEQUENTIAL DAMAGES, OR FAILURES UNRELATED TO SERVICES PROVIDED.
CUSTOMER ACCEPTS RESPONSIBILITY FOR DAMAGE OR ADDITIONAL FAILURES RESULTING FROM CONTINUED OPERATION OF EQUIPMENT, DELAYING SERVICE, OR DECLINING RECOMMENDED REPAIRS.
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PERSONAL PROPERTY
CUSTOMER IS RESPONSIBLE FOR REMOVING AND SECURING ALL PERSONAL PROPERTY, TOOLS, CARGO, MATERIALS, AND VALUABLES.
NOCO DIESEL DUDE IS NOT RESPONSIBLE FOR LOSS OR DAMAGE TO ITEMS LEFT IN OR ATTACHED TO VEHICLES OR EQUIPMENT.
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LATE PAYMENT, FINANCE CHARGES & COLLECTION POLICY
PAYMENT IS REQUIRED IN FULL IMMEDIATELY UPON COMPLETION OF SERVICE UNLESS PRIOR WRITTEN PAYMENT TERMS HAVE BEEN APPROVED BY NOCO DIESEL DUDE.
ANY INVOICE NOT PAID WITHIN 7 DAYS OF COMPLETION OF SERVICE WILL BE CONSIDERED PAST DUE. BEGINNING ON DAY 8, A $100 LATE FEE WILL BE ADDED TO THE ACCOUNT BALANCE.
CUSTOMER AGREES TO PAY A FINANCE CHARGE ON ALL DELINQUENT BALANCES AT THE RATE OF 1.5% PER MONTH (18% ANNUAL PERCENTAGE RATE) OR THE MAXIMUM AMOUNT PERMITTED BY LAW, WHICHEVER IS LESS.
CUSTOMER AGREES THAT FAILURE TO PAY FOR SERVICES PROVIDED MAY RESULT IN COLLECTION ACTION, LEGAL ACTION, MECHANIC’S LIEN ACTION, OR OTHER AVAILABLE REMEDIES TO RECOVER THE BALANCE OWED.
CUSTOMER FURTHER AGREES THAT IF IT BECOMES NECESSARY FOR NOCO DIESEL DUDE TO COLLECT ANY UNPAID BALANCE THROUGH LEGAL ACTION, COLLECTION AGENCY, LIEN PROCESS, OR ANY OTHER COLLECTION EFFORT, CUSTOMER SHALL BE RESPONSIBLE FOR ALL COSTS OF COLLECTION INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEY FEES, COURT COSTS, COLLECTION AGENCY FEES, FILING FEES, LIEN COSTS, ADMINISTRATIVE FEES, RECOVERY COSTS, AND ANY OTHER EXPENSES INCURRED IN COLLECTING THE AMOUNT OWED, TO THE FULLEST EXTENT PERMITTED BY LAW.
RETURNED OR FAILED PAYMENTS MAY BE SUBJECT TO ADDITIONAL FEES AND ANY ASSOCIATED COLLECTION COSTS.
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MECHANIC’S LIEN RIGHTS
CUSTOMER ACKNOWLEDGES THAT NOCO DIESEL DUDE MAY EXERCISE ANY APPLICABLE MECHANIC’S LIEN RIGHTS AVAILABLE UNDER COLORADO LAW TO SECURE PAYMENT FOR UNPAID SERVICES, PARTS, LABOR, MATERIALS, STORAGE, OR RELATED CHARGES.
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FLEET & COMMERCIAL AUTHORIZATION
FOR COMMERCIAL CUSTOMERS, ANY EMPLOYEE, DRIVER, MANAGER, DISPATCHER, OPERATOR, OR REPRESENTATIVE REQUESTING SERVICE OR PROVIDING ACCESS TO EQUIPMENT REPRESENTS THEY HAVE AUTHORITY TO AUTHORIZE WORK ON BEHALF OF THE COMPANY.
THE COMPANY OR ACCOUNT HOLDER ACCEPTS FULL RESPONSIBILITY FOR PAYMENT OF SERVICES REQUESTED BY ITS REPRESENTATIVES.
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BY REQUESTING SERVICE FROM NOCO DIESEL DUDE, CUSTOMER ACKNOWLEDGES THEY HAVE READ, UNDERSTAND, AND ACCEPT THESE TERMS.