WINDOW TINT PRODUCT AND INSTALLATION AGREEMENT
WINDOW FILM COMES IN MANY DIFFERENT SHADES, COLORS, AND OPTIONS AND IS SELECTED SOLEY BY THE CUSTOMER AND IS INSTALLED AT THEIR REQUEST. The Windows Tinting IS NOT RESPONSIBLE FOR THE CUSTOMERS CHOICE IN FILM SELECTION OR FOR BUYER’S REMORSE.
WINDOW FILM – TERMS AND CONDITIONS
Please take time to read the following in its entirety to completely understand the terms and conditions of essential factors when dealing with the purchase and installation of the window film material. You are solely responsible for reviewing our terms and conditions listed herein prior to submitting a request to have work performed. We will begin work when approval has been provided per the completion and signature of this Agreement, the Work Order, and any additional requested documents.
DETERMINING THE COST OF YOUR AUTO DETAILING: The Windows Tinting must conduct a consultation with you and see the vehicle before we can provide you the total cost and estimate and before we accept a job. We reserve the right to adjust any preliminary over-the-phone cost or time estimate after we have visually inspected your vehicle.
ESTIMATES: Estimates are good faith estimates and are based on the current information The Windows Tinting has at the time the estimates are given. Estimates given are good for 15 days and are subject to change.
ACCURACY OF SPECIFICATIONS: Estimates are based on the accuracy of the specifications provided to us by you, the customer. If we discover after accepting the job or vehicle that modifications need to be made, we will notify you immediately, at which time a decision will be made whether there will be additional costs and how you wish for us to proceed. Any verbal requests or orders by the customer will be accepted, but in the absence of supportive documentation, The Windows Tinting will not be responsible for verbal mistakes.
Everything must be in writing; The Windows Tinting will not accept responsibility for the inaccuracies in orders telephoned in by the customer. We make every effort to quote a job accurately; but in the event of unforeseen circumstances or costs, we will notify you if there is a cost adjustment or if delays in completion of the project results. We reserve the right to correct inaccuracies, prices, omissions, descriptions, and errors relating to products, productions, availability and update information at any time without prior notice.
REMOVALS: All removals for window film are quoted separately and are based on a $75.00 per hour basis. Window film removal can be very time consuming and costly and is billed as such. The Windows Tinting is not responsible for the condition of the glass underneath the film being removed or for any damage that occurs when such material is removed from the glass/vehicle. The Windows Tinting is not responsible for any damage that occurs to the vehicle at the owner’s request.
VEHICLE INSPECTION/CONDITION: The Windows Tinting will complete a pre-inspection the day the car is delivered and alert the customer of any concerns prior to work being performed. We will also perform a post-inspection once the vehicle is completed prior to the release of the vehicle.
CONDITION OF GLASS PRIOR TO WINDOW FILM INSTALLATION: Vehicles must be delivered to our location clean and free of grease, dirt, oil, dog hair, debris, and free from existing window film material. The Windows Tinting is not responsible for the condition of the glass/vehicle prior to the window film being installed or what is underneath the window film once it is installed. Any existing scratches, cracks or other damage will be visible through the film, and such surface damage or imperfections may damage the film, cause the film to fail prematurely or the window film material may not adhere to the surface at all. We are not responsible for broken windows if there was damage prior to installation.
PREPARING YOUR VEHICLE: Prior to arrival, please remove all personal items, including but not limited to, cash, jewelry, or any other valuables from the vehicle. The Windows Tinting is not liable for any items left inside or outside the vehicle. If for any reason you do not want a particular area of your vehicle to be cleaned or detailed, please let us know before we begin a job. The Windows Tinting is not responsible for loss or damage to vehicle or articles left in vehicle in case of fire, theft, accident or any other cause beyond our control.
TERMS OF PAYMENT: Customer or assigned agent completing this Agreement agrees they are the responsible party for payment of services requested. Customer or assigned agent agrees to make full payment prior to vehicle release and agree to be responsible for all collection fees including attorney fees, court costs, and interest at a rate of 10% per annum for any unpaid balances. The vehicle or products will not be released until full payment has been processed accordingly.
Any custom ordered materials for the customer’s job are required to be paid for 100% prior to the order for the film and before the work will be performed. This cost is non-refundable.
WE DO NOT ACCEPT CHECKS. Certified check or cashier’s checks are acceptable. A fee of $35.00 will be charged for any returned certified funds, in addition to the amount due.
This is not an expectation contract and we are not responsible for buyers’ remorse. By accepting the product or vehicle you are accepting the job as complete and that the performance is satisfactory. You are responsible for inspecting the product and or vehicle upon receipt. Within five (5) days from receipt of the vehicle Customer or assigned agent must inform The Windows Tinting in writing of any and all work in dispute. If disputes are not identified in writing within five (5) days of receipt of the vehicle the customer has accepted the job and the invoice. If Customer provides The Windows Tinting with a written dispute, and after investigation, if an error is found on our behalf, we will make appropriate corrections.
CREDIT CARD PAYMENTS: Since all window film installations are customized to the customers specifications The Windows Tinting must be given the opportunity to address any issues, including removal and reinstallation, before the client issues a credit card charge backs or check cancellations. In the event that the Customer requests a credit card charge back or check cancellation, and the dispute is decided in the favor of The Windows Tinting, the Customer will be liable for all legal fees and or additional costs that were incurred by The Windows Tinting.
INSTALLATIONS: Window film is a pliable material that is made to be installed on glass. We make every effort to make the film look as clean and seamless as possible; however, there may be certain surfaces that window film will not adhere to such as plastic, rubber, dot matrix, etc. and customers are not advised to install on such areas. If the customer requests that these areas be installed, we are not responsible for the material not sticking or adhering to those surfaces and the manufacture will not warranty such items.
Per the IWFA (International Window Film Association) The glass with applied films shall be viewed at right angles to the glass from the room side and at a distance no less than six (6) feet. Viewing shall be carried out in natural daylight, not in direct sun light. The installation is deemed acceptable if all of the following are unobtrusive (effects during 30-60 day cure time should be disregarded). Dirt Particles, Hair and Fibers, Adhesive Gels, Fingerprints, Air Bubbles, Water Haze, Scores and Scratches, Film Distortion, Creases, Edge Lifting, Nicks and Tears. If any of these conditions still exist after 30-60 days we request the customer return at such time to have us evaluate the film. We cannot do an inspection over the phone, via email or through pictures; we must see the vehicle/glass at our location for inspection.
While we make every effort to get the film as close to the edges as we can, when window film is installed, there may be slight gaps. This allows for the water used in the installation to be squeegeed out. This also ensures that the film edges are not raised up by contact with the frame margin, dot matrix or other moldings, etc. Contact with the frame, dot matrix or moldings can lead to peeling of the film. A gap may also exist due to the type of glass or windows that the film is installed on, which The Windows Tinting is not responsible for.
INSTALLATION TIME: The time it will take The Windows Tinting to install is based upon many factors including but not limited to, film selected, curing time, places where window film is being installed, size of windows, size of vehicle, complexity of installation areas and any unforeseen circumstances that may arise. We will make every effort to give reasonable time frames for instillation but reserve the right to change them at any time for any reason.
AFTER CARE: Do not roll the windows down for the first 3-5 days after film is installed. You will see bubbles and haziness (the moisture between the glass and the film) in the windows until the film has fully cured. This can take 30-60 days depending upon the type of film you select and the environment your vehicle is stored in. Avoid using abrasive washing clothes as well as drying towels when cleaning the film. Do not use any ammonia-based products to clean the film, only use tint safe products. Be sure to return for your free 30–60-day check-up (ONLY IF NECESSARY). If you do need to return for any reason, WE ASK THAT YOU PLEASE BRING A FRESHLY CLEANED CAR TO THE CHECK-UP SO WE CAN SEE AND ADDRESS ALL AREAS AT THAT TIME. We must physically see the vehicle or glass in person in order to address any issues, phone conversations, emails, or pictures will not suffice.
DAMAGE OR LOSS, INSURANCE: The Customer shall be responsible for ensuring that appropriate motor vehicle insurance coverage, including physical damage coverage, is in full force and effect for the term of this Agreement and shall provide proof of such coverage. If the Owner does not maintain appropriate motor vehicle insurance coverage for the Vehicle for the duration of the term of this Agreement, The Windows Tinting will in not be liable to the Owner for damage to the Vehicle.
The Windows Tinting shall not be responsible for the loss of or damage to the Vehicle, or injury to persons occurring in or about the Vehicle, by reason of use or operation of the Vehicle by the Owner or other persons not employed by The windows tinting , or by reason of the acts, commissions, or negligence of the Owner or other persons in and about the Vehicle.
The Windows Tinting will not be liable for loss or damage occasioned by gradual deterioration of the Vehicle due to exposure to the elements, nor for loss or damage caused directly or indirectly by terrorist acts, invasion, insurrection, riot, civil war, or by military or usurped power or by order of any government or governmental authority or any other circumstance beyond The Windows Tinting control. The Windows Tinting shall not be liable for consequential, indirect, special, incidental or punitive damages under any circumstances.
PRE-EXISTING CONDITION AND DAMAGE: Customer agrees to hold The Windows Tinting harmless for any pre-existing condition or damage to the vehicle.
WARRANTY AND MATERIALS: All materials are installed per the customer or authorized representative’s request. We are not the manufacture of the product and all warranties are offered through the manufacture of the product the customer specifically ordered. For warranty information you must visit the manufacture website or brochure for specific information regarding the product(s) you ordered. Dynamic Auto Custom is the installer of the product, not the manufacturer. However, if there is something wrong with the product our manufactures do stand behind their products as do we, so please do not hesitate to contact us. Damage done to the film by the customer or any third party is not a warranty issue and will not be covered as such. The Windows Tinting is not liable for services that are contracted out to other facilities for work to be performed. If an issue arises the customer must contact that specific company directly for any warranty issues or concerns regarding that company’s product or services.
VEHICLE STORAGE FEES: Vehicles left beyond the authorized pickup day (definition of authorized pickup day: is the date vehicle is ready to be picked up and the client has been notified) will be charged $50.00 per day, per occupied space, until the vehicle or vehicles have been picked up and paid for.
VEHICLE MAINTENANCE/TOWING/TRANSPORTATION, ETC.: The Windows Tinting is not responsible for the vehicle’s maintenance, condition or any mechanical malfunctions that may occur when the vehicle is in The Windows Tinting possession. If a vehicle needs to be repaired or taken to a repair shop / dealership for any reason, including but not limited to: maintenance, recalls, electronic malfunctions, parts, etc. The Windows Tinting is not responsible for any of the costs and is the owner’s sole responsibility to pay for those costs. The Windows Tinting has permission to operate customers vehicle for services requested in Work Order. Operation of vehicles may include delivery, testing, and or outsourcing at difference locations.
LEGAL WINDOW TINTING: Although you can tint the rear windows at whatever shade / darkness you want, the front windows tint by law need to let 70% light through, known as VTL. Just about all cars on the road come with a dye in the glass which brings it down to 70% out of the factory. If you have an off road / show car we are happy to tint the front windows, however if you decide to drive the car on the public highway you will be breaking the law and we accept no responsibility for any legal or monetary implications.
BINDING ARBITRATION/JURISDICTION AND VENUE: This Agreement shall be governed and construed under the applicable laws of the State of California, North Hollywood. The parties here to agree that any claim of violation of this Agreement or arising out of or related to this Agreement shall be resolved finally through binding arbitration before a neutral, mutually-selected arbitrator, pursuant to the procedural rules of either the American Arbitration Association or JAMS/Endispute. The prevailing party in any such dispute shall be entitled to an award of fees and costs, including attorneys’ fees, as well as all other available forms of relief or damages.
ENTIRE AGREEMENT: This agreement may not be varied other than in writing, executed by the duly authorized representative of both parties. Customer and or authorized representative acknowledge that they have read and understand the terms and conditions and agree to accept these prices, fees, charges, conditions, and specifications listed herein and authorize The Windows Tinting to perform all work as specified. Customer or assigned agent agrees not to do harm to The Windows Tinting by way of slander, via in-person, over the phone, in writing (published words), or by instructing other to do so as well. Any published statements made by a customer or its assigned agent must be approved by The Windows Tinting prior to publication. If any portion of this agreement is found to be unenforceable by a court of competent jurisdiction, the remainder of the agreement would still have full force and effect.