Terms and Conditions

TERMS AND CONDITIONS

This Agreement constitutes a legal agreement between you ("you") and MARTIN’S MOBILE AUTO REPAIR LLC., a New Hampshire Limited Liability Company (hereinafter referred to as “Martin’s”). This Agreement sets forth the terms of use (“Terms”) that govern the access or use by you of applications, websites, content, products, programs and services made available by Martin’s (the “Services”), including an agreement to engage in mediation prior to engaging in litigation to resolve any disputes between us. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

1.       SERVICES. The Services provided by Martin’s include automotive repair and maintenance services able to be performed on site by a mechanic, if in the course of providing services a mechanic determines that additional work is necessary that is not able to be performed on site the mechanic will inform you in writing and request written permission to continue with the ordered services.

2.       FITNESS OF LOCATION. By using the Services you agree to provide the mechanic with a safe suitable location to perform the Services. As used in this agreement a “safe suitable location” shall include;

                                 I.            Permission – you must either own or have permission from the owner of the premises where the vehicle receiving services is located.

                               II.            Lawful Location – it must be legal for the services to be performed at the location where your vehicle is located.

                             III.            Safe – the vehicle must be located in a location where the mechanic can safely work free from safety hazards such as traffic, noise, heat, water or other impediment.

                             IV.            Level – the surface must be level at the location where the vehicle is to be serviced.

                              V.            A mechanic may decline to service a vehicle if in the sole discretion of the mechanic the vehicle location is not safe and suitable for service or if you cannot provide evidence of I or II

                             VI.            If Martin’s finds the location to be not safe and/or suitable for service, you will be charged a fee of ½ hour to cover travel costs and loss of appointment time.

3.       INCIDENTAL FAILURES. Plastic, composite and rubber engine and cooling system components are often affected by age and temperature fluctuations and become fragile over time. Because of this, such parts can break or even disintegrate during procedures that involve their disassembly or handling. You understand that Martin’s will not be held liable for these types of component failures, and that in the event of such, Martin’s will provide you with a revised estimate to include the replacement of the failed component.

4.       WRITTEN ESTIMATE. Pursuant to applicable law and disclaimers provided to you at booking of service appointment, upon your request you will receive a written estimate that includes an itemization of the service or repair work to be performed, an estimated price for labor and parts and the estimated completion time. If the total cost of the service exceeds the original estimate by more than ten percent, Martin’s will contact you in writing to approve additional services/costs.

5.       INVOICES. Upon completion of services, you will receive an invoice detailing all work performed all parts supplied with a value greater than $.50 and their retail cost, a breakdown of all labor and the cost of such labor and disclose the use of any reconditioned used or rebuilt parts used in the services. Payment for services is due at the time of completion.

6.       NOTICE REQUIRED PURSUANT TO NEW HAMPSHIRE RSA 358-D:11.

                                 I.            The motor vehicle repair facility must provide to any customer upon request a written estimate for service or repair work to be performed and cannot proceed to perform such work unless written or oral authorization is obtained;

                               II.            If additional repair or service work of an unrelated and different nature from the work originally itemized in the written estimate becomes necessary, it must notify the customer of the estimated cost of such additional repairs and obtain his written or oral permission to proceed;

                             III.            The customer cannot be charged any amount which exceeds the estimate for the original or additional work by 10 percent without his written consent;

                             IV.            The motor vehicle repair facility is not required to give a written estimate if it does not agree to perform the service or repair work. However, the facility is prohibited from engaging in any conduct which will cause a customer to waive his right to an estimate as a condition to performing any service or repair work;

                              V.            Even where a customer has not requested an estimate, the motor vehicle repair facility is not permitted to perform any service or repair work without his authorization;

                             VI.            The customer has a right to a return of all replaced parts, except those parts required to be returned to the manufacturer or distributor under a warranty or exchange agreement, if he requests that they be returned to him prior to the service or repair work being performed;

                           VII.            The customer must be provided with an invoice for any service or repair work performed which itemizes all work performed, all parts supplied having a value in excess of $.50 and all labor charged and states whether or not any guarantee exists, and if so, its terms and the period for which it will be in effect;

                         VIII.            A motor vehicle repair facility which fails to comply with any of these requirements is not entitled to any payment whatsoever for any service or repair work performed which was not authorized by the customer; and

                             IX.            Any complaint concerning a failure of a motor vehicle repair facility to comply with these requirements should be filed with the Attorney General, Department of Justice, State House Annex, Concord, New Hampshire 03301. The attorney general may, in his discretion, approve any notice which substantially complies with the requirements of this paragraph.

7.       PAYMENT. Payment is due at time of service. cash, check and major credit cards are accepted. Checks returned for NSF will be subject to a $25 NSF Check charge. Any invoices not paid within 30 days of issuance will be subject to an interest charge of 1% per month thereafter.

8.       LIMITED WARRANTY. For a period of 12 months or 12,000 miles, whichever comes first, Martin’s warrants that any maintenance and repair services purchased and provided will be free from defects in materials and in the workmanship performed. The Limited Warranty does not cover incidental or consequential damages, except where such exclusion is prohibited by law. Martin’s disclaims any other implied warranties other than those expressly contained within this Limited Warranty. The total amount of damages covered by this Limited Warranty will not exceed the actual costs of covered repairs. This Limited Warranty extends to the original purchaser of the Services and is not transferable and does not extend to any person who may purchase, borrow, use, or lease the car after the Services have been performed. If either the materials provided or the work performed in the Services has a defect within the Warranty Period, Martin’s will, at our option either correct the defect including, if necessary, replacing any defective part(s) used in the Services, or (2) refund to you the full amount you paid for the Services. ‘

                                 I.            Items not covered:

                                                               i.      Any damage to your car caused by abnormal use (including any as use in a commercial venture), misuse, neglect (such as not performing maintenance services in accordance with the instructions in the owner’s manual for your car), alteration or tampering, or by external causes (including accidents, theft, vandalism, fire, water, wind, hail, and freezing temperatures);

                                                             ii.      To any work performed on a vehicle used commercially; and to any issues unrelated to the Services you purchased (for example, you purchase an oil change and your car leaks oil due to faulty engine seals or gaskets. The Limited Warranty would not apply to the engine oil leak.);

                                                            iii.      Any pre-existing condition with your car that is not known by Martin’s prior to starting the Vehicle Services and that is discovered during or after the Vehicle Services are performed (e.g., replacement of battery, but during the removal of the battery, the wiring is corroded to the point where it disintegrates ; repairing or replacing the battery wiring under that scenario would not be covered by this Limited Warranty);

                                                            iv.      Any consequential effects of the Vehicle Services performed, unrelated to any of the parts replaced being defective or any of the repair work being done incorrectly (e.g., if you request a transmission fluid service, but because you have not been replacing the transmission fluid regularly, when the Technician replaces the fluid, with the right fluid installed properly, your transmission stops shifting properly because it cannot handle the new fluid—this is a “consequential effect” not covered by this Limited Warranty).

                               II.            This Limited Warranty is entirely void when:

                                                               i.      Any Vehicle Service request is made by you that deviates from a manufacturer’s recommendation (e.g., conventional oil is requested by you for an oil change but the owner’s manual for your vehicle calls for synthetic oil); or

                                                             ii.      After receiving the Vehicle Services, you take your car to another mechanic to diagnose or repair a problem believed to be associated with such Services provided by Martin’s, without giving Martin’s the first opportunity to inspect and remedy the problem (or to give written consent to an alternative person or shop from doing so).

                             III.            Application of Warranty in Martins Sole Discretion:

                                                               i.      Any determination of whether this Limited Warranty does not apply or is otherwise void as to a particular warranty claim will be made by Martin’s in our sole discretion.

                                                             ii.      You will be charged for one hour of labor fees if a service call is made under this Limited Warranty for an alleged defect determined not to be the result of a defect in materials or workmanship of the Vehicle Services. You must pay for any non-warranty service ordered at the same time as any warranty service.

9.       LIMITATION OF LIABLITY. Martin’s entire liability under this agreement shall be limited to the actual amount of money invoiced for the services rendered and in no event shall Martin’s be liable for any consequential damages including but not limited to car rentals, lost time, inconvenience diminution in vehicle value or damages not due to the negligence of Martin’s.

10.   DISCLAIMERS. THE SERVICE AND PARTS ARE MADE AVAILABLE ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY. YOU USE THE SERVICES ENTIRELY AT YOUR OWN RISK. WE DO NOT PROVIDE, AND SPECIFICALLY DISCLAIM, ANY REPRESENTATION OR WARRANTY OF ANY KIND TO YOU OR ANY OTHER PERSON OR ENTITY, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTY (I) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) OF INFORMATIONAL CONTENT OR ACCURACY; (III) OF NON-INFRINGEMENT; (IV) OF QUIET ENJOYMENT; (V) OF TITLE; MARTIN’S MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. MARTIN’S DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

11.   DISPUTE RESOLUTION, CHOICE OF LAW AND FORUM SELECTION. All claims made regarding anything relating to the subject matter covered under this agreement between you and Martin’s shall be subject to Mediation prior to the commencement of any further legal proceedings. Mediation shall be conducted by a Mediator on the Court listed mediators with the New Hampshire Judicial Branch and the costs incurred for the mediator shall be borne by the parties equally. In the event that the claim does not settle after mediation or if either party does not respond to a written request to mediate within 30 days, the aggrieved party may file suit in the sole and exclusive jurisdiction of the Superior Court of Stafford County in the City of Dover in the State of New Hampshire. This agreement shall be construed and interpreted in accordance with the Laws of the State of New Hampshire.

12.   NOTICE. Notice to Martin’s shall be given via email to martinsmobileautorepair@gmail.com  and notice to you will be given via email at the email address you provided when signing up for the services.

13.   MODIFICATION. This agreement shall not be modified unless by a written agreement signed by both parties.

14.   SEVERABILITY. If any portion of this agreement is found to be invalid, illegal or unenforceable the remainder of the agreement shall remain in full force and effect.

15.   WAIVER. Failure by Martin’s to enforce any portion of this agreement shall not be deemed a waiver of such provision and any rights thereunder.

16.   FORCE MAJURE. A motor vehicle repair facility is not liable for breach of the written estimated completion date for service or repair work if the delay is caused by: An act of God; Strike;  Unexpected illness; Unexpected shortage of labor or parts; or Unavailability of customer to give permission to perform additional service or repair work.

17.   CONTRACT OF ADHESION. By signing up and booking an appointment with Martin’s you hereby agree to be bound by the terms of this agreement.