TERMS OF SERVICE
This agreement contains the terms and conditions that apply to your business from Body Works Plus LLC, (“Body Works Plus”) products and services (the “Services”). Please read these terms and conditions of sale carefully. They contain very important information about your rights and obligations, as well as limitations and exclusions that may apply to you. This agreement was last revised on October 14, 2009.
By requesting service from Body Works Plus you acknowledge that you have read, accepted and agreed to be bound by these terms and conditions, and to comply with all applicable laws and regulations. These terms and conditions apply unless (i) you have signed a separate agreement with Body Works Plus, in which case the separate agreement shall govern; or (ii) other Body Works Plus standard terms apply to the transactions. These terms and conditions are subject to modification without prior written notice at any time, in Body Works Plus’s sole discretion.
Section 1
Price and Payment Terms
Your total price for the Services will be stated on your invoice provided with your receipt. Terms of payment are within Body Works Plus’s sole discretion, and unless otherwise agreed to by Body Works Plus, payment must be received by Body Works Plus prior to Body Works Plus’s release of the vehicle on which work was performed. Payment for the Services must be made by credit card (Visa or MasterCard), debit card (issued by Visa or MasterCard), cash, or check. Services are not binding upon Body Works Plus until accepted by Body Works Plus. Any price quotations given by Body Works Plus will be valid for the period stated on the quotation, with the exception that Body Works Plus reserves the right to reject any work for any reason, including for a misprint in the price quotation or advertisement.
Section 2
Services
Body Works Plus’s policy is one of an ongoing Services update and revision. Body Works Plus may revise and discontinue Services at any time.
Section 3
Limited Warranty and Disclaimers
Body Works Plus warrants to the original purchaser of the Service that the Services will be free from defects in materials and/or workmanship. Body Works Plus will, at its option, repair or replace defective Services. This warranty does not cover damage due to external causes, including, but not limited to, accident, abuse, misuse, problems associated with electrical power, servicing not authorized by Body Works Plus, use not in accordance with Services instructions, or failure to perform required preventative maintenance. This warranty is void if the vehicle is taken apart or otherwise disassembled in any manner. Body Works Plus owns all parts removed from repaired vehicles. If Body Works Plus repairs or replaces a Service, its warranty term is not extended.
THE ABOVE LIMITED WARRANTY IS THE ONLY WARRANTY APPLICABLE TO THE PRODUCTS, AND THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT. BODY WORKS PLUS HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION, PHOTOGRAPHS, ADVERTISEMENTS OR ADVICE GIVEN BY BODY WORKS PLUS, ITS AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS LIMITED WARRANTY. COMPATIBILITY OF SERVICES IS NEVER GUARANTEED, AND THERE IS NO WARRANTY THAT SEPARATE COMPONENTS WILL FUNCTION AS A SYSTEM. THE ABOVE WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
Section 4
Limitation of Liability
BODY WORKS PLUS’S RESPONSIBILITY FOR MALFUNCTIONS AND DEFECTS IN SERVICES IS LIMITED TO REPAIR AND REPLACEMENT AS SET FORTH IN THE ABOVE WARRANTY STATEMENT. ALL EXPRESS AND IMPLIED WARRANTIES FOR THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO THE WARRANTY PERIOD SET FORTH ABOVE AND NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, WILL APPLY AFTER SUCH PERIOD. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
BODY WORKS PLUS DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN. BODY WORKS PLUS WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS, LOST DATA OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. THIS LIMITATION OF LIABILITY APPLIES TO PRODUCTS AND/OR SERVICES YOU PURCHASED UNDER THIS AGREEMENT. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, BODY WORKS PLUS IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY YOU FOR THE PURCHASE OF PRODUCTS OR SERVICES UNDER THIS AGREEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Section 5
Customer Support
Body Works Plus provides a range of basic support options for the Services via a variety of on-line, telephone, and other methods.
(a) Body Works Plus Internet Site. We recommend that before calling customer support, you go to the Body Works Plus site on the Internet (https://bodyworksplus.com). It is likely that you can find answers to most, or all, of your questions there.
(b) Customer Support Telephone Number. You may contact 1-704-332-4404. Body Works Plus also provides a customer support department which can assist you with questions about your purchase, shipment, warranty service, and any exchanges or returns. This is also the number to call to change your address or to inquire about orders, bills and invoices.
Section 6
Entire Agreement/Revisions
This Agreement sets forth the entire agreement of the parties with respect to the subject matter hereof. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for Service(s) or products and support that are subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both you and Body Works Plus. Body Works Plus may revise this Agreement at any time without notice by updating this posting, and said revisions shall be effective immediately upon posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this Site and page to determine the then current terms and conditions of which you are bound. For convenience purposes only, Body Works Plus may e-mail you the most current version of this Agreement or any revisions at the e-mail address provided during the registration process (or any updated e-mail address given by you) in the event that there are any revisions to this Agreement.
Section 7
Waiver, Choice of Law and Venue
The failure of either party to assert a right hereunder or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent nonperformance of any such term or condition by the other party. All transactions shall be governed by the laws of the State of North Carolina, excluding conflict of law rules. For any dispute arising under this Agreement, you hereby waive your right to a trial by jury; you hereby waive your right to sue only except on an individual basis; and you waive your right to bring any putative or certified class action.
Section 8
Headings
The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.
Section 9
Severability
If any provision of these terms and conditions shall be ruled unenforceable, then the remainder shall be enforced to the extent permissible.
Section 10
Notice
Except as explicitly stated otherwise, any notices shall be given by postal mail to Body Works Plus LLC, 525 Parkwood Avenue, Charlotte NC 28206 (in the case of Body Works Plus). Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Body Works Plus during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing.
Section 11
Estimate Fee
A $125.00 estimate fee may apply which will be credited towards repair if Body Works Plus completes the job.