This Customer Service Agreement (“Agreement”) governs all services performed by Restivo’s Wrenches (“Restivo's Wrenches”) for the vehicle owner or authorized agent (“Customer”). By signing a work order or approving services (including verbal or electronic approval), Customer agrees to the following terms: ESTIMATES AND AUTHORIZATION All estimates are based on visible conditions and the anticipated scope of work. ESTIMATES ARE NOT GUARANTEED FINAL PRICES. Additional repairs may be necessary due to hidden damage, prior improper repairs, or manufacturer-specific procedures. If additional work is required that materially increases cost, Restivo's Wrenches will make reasonable efforts to obtain Customer authorization before proceeding. *Customer authorizes Restivo's Wrenches to: Perform the repairs described in the work order Obtain necessary parts and materials Operate and test drive the vehicle for diagnosis, quality control, and verification Perform disassembly necessary for proper inspection and repair Estimates are valid for 30 days unless otherwise stated. DIAGNOSTIC AND TECHNICAL FINDINGS Modern vehicle repair often requires disassembly, testing, and inspection to determine the root cause of a concern. Customer understands and agrees that: Diagnostic fees apply regardless of whether repairs are authorized. Certain components (gaskets, seals, fasteners, clips, fluids, etc.) may be non-reusable once removed. Additional labor or parts may be required based on technician findings during repair. Restivo's Wrenches is not responsible for pre-existing damage, worn components, or unrelated failures discovered during service. *Customer acknowledges that the vehicle may contain pre-existing mechanical, electrical, structural, or performance conditions that are not visible or reasonably discoverable at the time of inspection. Restivo's Wrenches is not responsible for unrelated failures or conditions that arise during or after service and that are not directly caused by Restivo's Wrenches’s negligent workmanship. PARTS AND WARRANTY NEW PARTS New parts carry the manufacturer’s warranty only, unless otherwise stated in writing. USED / REMANUFACTURED / CUSTOMER-SUPPLIED PARTS Restivo's Wrenches provides no warranty on customer-supplied parts and is not responsible for defects, incompatibility, or failure of such parts. Customer agrees to indemnify and hold harmless Restivo's Wrenches from any claims, damages, or losses arising from the installation or use of customer-supplied components or requested non-OEM modifications. SPECIAL ORDER AND ELECTRICAL PARTS Special-ordered parts and electrical components are non-returnable and non-refundable once ordered. DEPOSITS AND PAYMENT A deposit may be required for special-order parts or major repairs. Deposits are non-refundable once parts are ordered or work has begun. Full payment is due upon completion of repairs and prior to vehicle release. Restivo’s Wrenches reserves the right to retain possession of the vehicle until payment is made in full, as permitted by law. *Accepted payment methods are: Cash, Credit and Debit, Check, Zelle and forms of authorized creditors such as Affirm, Synchrony etc. Customer agrees not to initiate a credit card chargeback for authorized services. In the event of a chargeback for properly authorized work, Customer agrees to be responsible for all associated fees, collection costs, and reasonable attorneys’ fees incurred by Restivo's Wrenches. STORAGE POLICY Vehicles must be picked up within two (2) business days of: Notification that repairs are complete, or Notification that an estimate has been prepared and is awaiting approval. Beginning on the third (3rd) business day, a storage fee of $50 PER DAY will be assessed unless prior written arrangements are made. The storage fee reflects the reasonable value of lost use of Restivo's Wrenches space and administrative burden. *Vehicles left unpaid or unclaimed may be subject to mechanic’s lien procedures in accordance with applicable state law. Customer acknowledges that Restivo's Wrenches has a mechanic’s lien on the vehicle for all unpaid charges for labor, parts, storage, and related services as permitted by applicable law. LIMITATION OF LIABILITY Customer acknowledges that automotive repair involves inherent risk, particularly with modified, high-performance, or previously repaired vehicles. Restivo's Wrenches is not responsible for loss or damage to vehicles caused by fire, theft, vandalism, weather events, acts of God, or other causes beyond Restivo's Wrenches’s reasonable control, except to the extent caused by Restivo's Wrenches’s gross negligence or willful misconduct. -Restivo's Wrenches is not responsible for personal property left inside the vehicle. Customer is responsible for removing valuables prior to service. Restivo's Wrenches shall not be liable for incidental, special, or consequential damages, including but not limited to: loss of use, lost wages, rental vehicle expenses, towing charges, lost profits, or other indirect damages arising out of or related to the services performed. TEST DRIVING AND PERFORMANCE VEHICLES Customer authorizes reasonable test driving to verify repairs. *Customer acknowledges that modified, tuned, high-performance, or race-prepared vehicles are subject to increased mechanical stress and potential failure. Restivo's Wrenches makes no guarantee regarding durability, longevity, or performance outcomes beyond any express written warranty provided. Customer assumes the inherent risks associated with performance modifications and increased horsepower or torque levels. ABANDONED VEHICLES Vehicles not claimed within thirty (30) days after written or documented notification of completion may be deemed abandoned. Restivo's Wrenches reserves the right to pursue all remedies available under applicable abandoned vehicle and lien laws, including recovery of storage fees, administrative costs, and sale of the vehicle where permitted by law. DISPUTE RESOLUTION – BINDING ARBITRATION Any dispute, claim, or controversy arising out of or relating to the services performed, this Agreement, or the condition of the vehicle, shall be resolved by binding arbitration and not by lawsuit in court, except that either party may bring an individual claim in small claims court if eligible. Arbitration shall be conducted in the state and county where the services were performed, in accordance with the rules of the American Arbitration Association (AAA) or another mutually agreed arbitration provider. Arbitration shall be conducted in accordance with the AAA Consumer Arbitration Rules, unless the parties mutually agree in writing to a different arbitration provider and rules. *The parties waive their right to a jury trial. In any arbitration or court proceeding arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs to the extent permitted by law. * This arbitration agreement shall survive completion of the services. The arbitrator shall have exclusive authority to resolve any dispute regarding the interpretation or enforceability of this arbitration provision. ARBITRATION AGREEMENT ACKNOWLEDGEMENT By signing this estimate or invoice, Customer acknowledges that they have read and understand the binding arbitration provision and voluntarily waive the right to a jury trial. SEVERABILITY If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of this Agreement shall remain in full force and effect. *If the Arbitration Provision is found unenforceable, the remainder of this Agreement shall still be binding, and any dispute shall be resolved in a court of competent jurisdiction in the county where the services were performed. GOVERNING LAW AND VENUE This Agreement shall be governed by the laws of the State of Arizona. Any action not subject to binding arbitration shall be brought exclusively in a state court located in the county where the services were performed. The parties waive any objection to venue or personal jurisdiction in such court. MEDIA RELEASE Customer grants Restivo's Wrenches permission to photograph or video the vehicle for documentation or marketing purposes unless Customer provides written notice withholding such consent. ☐ Customer declines media consent NO WAIVER Failure of Restivo's Wrenches to enforce any provision of this Agreement shall not be deemed a waiver of that provision or of the right to enforce it later. No waiver of any breach shall be deemed a waiver of any subsequent breach. Any waiver must be in writing and signed by Restivo's Wrenches. ENTIRE AGREEMENT This Agreement, together with the approved work order, constitutes the entire agreement between the parties. No verbal statements modify these terms unless confirmed in writing.
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