AUTO BODY REPAIR AGREEMENT

    ​This Auto Body Repair Agreement (the “Agreement”) is by and between B & B Enterprises, LLC dba APE-X Auto Body, a Hawaii limited liability company (“APE-X”) and the following customer (the "Customer​"):
    ​regarding the following vehicle (the "Vehicle​"):
    APE-X and Customer shall be collectively referred to herein as the “Parties". The Parties hereby agree as follows:
     
    AUTHORIZATION:  Customer hereby certifies that they have the legal right to authorize repairs for the Vehicle, either through legal ownership, lease rights, or written authorization from the Vehicle’s owner. Customer authorizes APE-X to take the steps necessary to perform the repairs listed on the Preliminary Estimate, including any necessary on-road vehicle testing (the “Services”). Customer must provide prior written notice if return of used or damaged parts is desired.
    TERM:  The term of this Agreement shall begin upon the date APE-X is in possession of the Vehicle and shall remain in full force and effect until the completion of the Services. The Term may be extended with the written consent of the Parties. 
    REPAIR TIMEFRAME:  Any timeframe provided to Customer was solely based on the availability of parts and labor for the Vehicle. APE-X shall not be held responsible for delays that occur as the result of parts availability, insurance company requirements, additional damage discovered during inspection, weather delays, and other circumstances unforeseen and uncontrollable.
    FEES:  Customer agrees to pay for all parts, labor, fees, taxes, and other charges incurred during the completion of the Services authorized by Customer (the “Fee”). Customer understands that the Fee was based off the initial inspection by APE-X. If, upon further inspection, additional parts or repairs are needed, Customer will be contacted for prior authorization.  Prior authorization shall be agreed upon in writing between the Parties prior to proceeding with the additional parts or repairs.  Payment for the Fee, including any additional parts or repairs, must be made in full before the Vehicle will be released to Customer.  In the event this Agreement is terminated by Customer prior to the completion of the Services, but Services have been partially performed, APE-X shall be entitled to pro rata payment of the Fee to the date of the termination, including payment in full for any parts that have already been purchased.  Customer agrees to pay twenty-five dollars ($25.00) for any returned check due to non-sufficient funds, account closure, stop payment, or for any other reason.
    PERSONAL ITEMS:  Customer understands that it’s Customer’s responsibility to remove personal belongings from the Vehicle prior to the Term of this Agreement. Customer shall not hold APE-X or its members, managers, employees, agents, or representatives responsible for any loss or damage to the Vehicle or articles of personal property left in the Vehicle, regardless of value, in case of fire, theft, accident or any other cause.
    STORAGE POLICY:  Upon completion of the Services and Customer has been contacted to pick up the Vehicle, Vehicle must be picked up and Fee paid in full within two (2) business days or storage charges may accrue.
    MANUFACTURER WARRANTY:  To maintain the warranty on a vehicle, some vehicle manufacturers demand that only OEM (original equipment manufacturer) parts be used for any type of repairs. Use of unauthorized parts may breach or void a vehicle’s warranty. In addition, the use of non-OEM parts may lead to the following:
    • Lease or Finance Violation: Some lease and finance contracts require the purchaser or lessee to make repairs using only OEM parts. Non-OEM parts may violate these contracts.
    • Decrease in Value: Repairs made using non-OEM parts may lead to increased depreciation and lost vehicle value.
    In consideration of the above risks, APE-X will not use any non-OEM parts for repairs unless those parts are approved for use by Customer. It is advisable for Customer to take the aforementioned risks into account when choosing parts for the Services. While Customer has the right to select which parts should be used for the Services, APE-X also reserves the right to refuse any parts if they are considered inadequate or unsafe.
    LABOR WARRANTY:  APE-X shall provide limited warranty to Customer for the Services performed under the terms of this Agreement. Following the completion of the Services, this warranty will remain in effect for a term of one (1) year (the “Warranty Term”). APE-X warrants that, at its own labor cost and expense, it will make any repairs made in connection with this Agreement that are found to be defective during the Warranty Term. The Labor Warranty does not cover any parts used in warranty repairs, it only covers the cost and expense of labor.
    PHOTOGRAPHY:  This Agreement warrants APE-X to use photography to document the condition of the Vehicle prior to performing its Services, as well as establish the Vehicle’s condition once Services have been performed and completed.
    ADVERTISING:  With Customer’s permission, APE-X is granted the right to take promotional photographs and videos (“Digital Media”) of Customer’s Vehicle and use them for advertising and other digital marketing purposes. APE-X is granted this permission with the understanding that, at no time or under any circumstance, will APE-X reveal any identifying or personal data of Customer with any Digital Media used in any advertising (e.g. license plate of the Vehicle). 
    OVER DUE BALANCE:  Interest payable on any overdue amounts under this Agreement shall be charged at a rate of ten percent (10%) per annum or at the maximum rate enforceable under applicable law, whichever is lower. In the event any overdue amounts under this Agreement are not paid in full within sixty (60) days of completion of the Services, APE-X reserves the right to place a lien on the Vehicle. Payment for Services, storage fees, administrative fees, tow bill, collection expenses and attorney’s fees will be due prior to the release of any lien.
    INDEMNIFICATION:  Customer agrees to indemnify and hold APE-X harmless from all claims, losses, expenses, fees (including attorney’s fees), costs, and judgements that may be asserted against APE-X that results from the acts or omissions of APE-X and/or its members, managers, employees, agents, or representatives.
    DISPUTE RESOLUTION:  The Parties agree that before resorting to any formal dispute resolution process, arising out of or in connection with or in relation to this Agreement (the “Dispute”), the Parties will first attempt to engage in good faith negotiations in an effort to find a solution that serves their respective and mutual interests.  Parties shall have thirty (30) days to complete these good faith negotiations and to resolve the Dispute.  If the negotiations do not conclude with a mutually agreed upon solution within the time frame, the Parties agree to mediate the Dispute.  The Parties shall select a mediator to mediate the Dispute in the State of Hawaii on the Island of Maui.  If the Parties cannot agree on a mediator, then each Party shall select a mediator and the two (2) selected mediators shall select the actual mediator.  The Parties agree that they will personally attend the mediation session, which shall take place within forty-five (45) days of the selection of the actual mediator.  The Parties agree that any mediated settlement agreement may be converted into an arbitration award or judgment (or both) and enforced according to the governing rules of civil procedure.  If the mediation does not conclude with an agreement that resolves the Dispute, the Parties may seek to resolve the Dispute by filing their legal claim in the Second Circuit Court on the Island of Maui, Hawaii.  The unsuccessful Party should pay the successful Party’s mediation fees.
    ENTIRE AGREEMENT:  This Agreement represents the entire legal agreement between APE-X and Customer, and there are no other promises or conditions in any other agreement, whether oral or written, concerning the subject of this Agreement. This Agreement supersedes any prior oral or written agreements between the Parties.
    SEVERABILITY:  If any provision of this Agreement will be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.
    AMENDMENT:  No variation of this Agreement shall be valid unless it is in writing and signed by or on behalf of the Parties.
    NO RIGHTS FOR THIRD PARTIES:  A person who is not a Party to this Agreement shall have no right under any law to enforce any of its terms.
    GOVERNING LAW:  This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Hawaii.
    NOTICE:  Any notice or communication required or permitted under this Agreement shall be sufficiently giving if delivered in person or by certified mail, return receipt requested, to the address set forth in this Agreement or to such other address as one Party may have furnished to the other in writing.
    WAIVER:  The failure of either Party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that Party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.
    ​If you agree to the terms and conditions of this Agreement, please type the following statement in the box below: "I, (NAME), hereby agree to the terms and conditions of the Auto Body Repair Agreement"
Updated 05/01/2024