Wicked Auto Styling - Customer Contract


INTRODUCTION

In this Service Agreement “Agreement”, “you” and “your” refer to each “customer.” Including each (agent) you designate to act on your behalf. “Wicked Auto Styling” herein shall refer to Wicked Auto Styling, its members, managers, and employees. This Agreement explains our obligations to you, and your obligations to us in relation to the service(s) you purchase. If you designate a person to act on our behalf, you agree that this person is your agent with full authority to act on your behalf with respect to such services and your vehicle. Wicked Auto Styling will not accept a job without a written agreement. Please refer to the accompanying estimate or specific information regarding the day and time of your requested service (job) specific to your vehicle. By using our service, you agree to the terms of this agreement.

FEES, TERMS OF SERVICE, AND PAYMENT

The fee for our service is the agreed dollar amount, indicated as “Estimate Amount” on the estimate. The term of service is for the amount of time reserved by us to complete the “job” you requested and not for any specific outcome. The amount of time reserved is an estimate since the condition of each vehicle varies. It is possible that the job could be less or more time than the time reserved. If you have extra/special requests, please let us know at the time the service order is written.

Any alterations or changes after the initial service order has been issued with be at an extra charge. Any alterations or changes to the initial service order must be approved in writing between you and Wicked Auto Styling before any extra work begins. Any changes to fees and/or time, be it verbal or in writing, will not affect the substance of this agreement and all the terms herein will still apply with the new rate and/or time. A 50% deposit is required at the time you book your appointment and hold that time for you. The balance is due in full on completion. We accept cash, checks, and major credit cards (Visa, MasterCard, Discover, American Express). You can also pay via PayPal. For accounting purposes, please write checks payable to Wicked Auto Styling. Please do not leave any payments in the vehicle. A fee of $25 will be charged for non-sufficient funds check returned by the bank to us. In the event an account requires legal or collection action, you agree to pay all costs of the collection without limitations for reasonable attorney fees, interest on the past due amount, court costs, and all collection costs.

North Carolina General Statute 25-3-506 provides for the collection of a processing fee for returned checks. The statute provides in part that a person who accepts a check in payment for goods or services may charge and collect a processing fee, not to exceed twenty-five dollars ($25.00), for a check on which payment has been refused by the bank of the check writer because of insufficient funds or because the check writer did not have an account at the bank.

Bank Service Fees

North Carolina law also allows for the recovery of the bank service fee which is charged to the creditor for the customer’s returned check.  North Carolina General Statute 6-21.3 provides in part that “a person, firm, or corporation who knowingly draws, makes, utters or issues and delivers to another any check or draft drawn on any bank or depository that refuses to honor the same because the maker or drawer does not have sufficient funds on deposit in or credit with the bank or depository with which to pay the check or draft upon presentation” that such check writer shall be liable for any bank service fee charged by the bank for such a returned check.

Possible Treble Damages and Criminal Charges

North Carolina law also provides a process whereby the creditor may notify the check writer of the returned check and give notice to the check writer that if the check is not fully paid according to the the statute, the check writer may be liable for three times the amount of the check but not to exceed $500.00 or be less than $100.00.

CANCELLATIONS AND REFUNDS

Service by Wicked Auto Styling is by scheduled appointment only. It is required to put down a credit card to reserve a specific time.  The time reserved for canceled services can be difficult to fill within 24 hours of the scheduled service.

Accordingly, cancellations within 24 hours before the scheduled service are subject to a $100 cancellation fee that will be taken out of any deposit.

Cancellations within 12 hours before the scheduled service are subject to forfeiture of the entire deposit.

Deposits are 50% of the total amount and are non-refundable

VEHICLE STORAGE FEES

We have limited space at Wicked Auto Styling. Your vehicle must be picked up within 24 hours of work completion. Your vehicle will be subject to a $75 per day storage fee for any excessive days left at Wicked Auto Styling. You agree to this storage fee.

DAMAGE OR LOSS - INSURANCE

  1. The Owner shall be responsible for ensuring that appropriate motor vehicle insurance coverage, including physical damage coverage is in effect for the term of this Contract and shall provide proof of such coverage. If the Owner does not maintain the appropriate motor vehicle insurance coverage for the vehicle for the duration of the term of this contract, Wicked Auto Styling will in no event be liable to the owner for damage to the vehicle.
  2. Wicked Auto Styling shall not be liable for consequential, indirect, special, incidental or punitive damages under any circumstances.

iii. Wicked Auto Styling will not be liable for loss or damage occasioned by the 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 circumstances beyond Wicked Auto Styling control.

  1. Wicked Auto Styling 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 Wicked Auto Styling, or by reason of the acts, omissions or negligence of the Owner or other persons in and about the Vehicle.

DETERMINING THE COST OF YOUR PAINT PROTECTION FILM INSTALLATION

Wicked Auto Styling must conduct a consultation with you and see the specific vehicle before we can provide you the Final estimate and Total Cost before we accept a job. We reserve the right to adjust any over-the-phone/email cost or time estimate after we have visually inspected your vehicle. A written estimate is valid for 5 days. Our estimate is not binding beyond 5 days of the date of the estimate OR if the vehicle condition changes between the time the vehicle was inspected and scheduled appointment.

QUALITY OF SERVICE

We want you to be satisfied with our service. We strive to provide the highest quality work and service in North Carolina, however, we are not perfect. No services offered are guaranteed to be flawless. We will try our absolute best to provide a high-quality install within the constraints of our resources, time, and expertise. If, after the final inspection, you find our service unsatisfactory, please contact us within 72 hours so we can address your concern. Wicked Auto Styling will not be held liable for any concerns after 72 hours of job completion OR if you did not complete the final inspection with us.

PRE-EXISTING CONDITION AND DAMAGE

“I HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS “Wicked Auto Styling”, ITS OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, AGENTS, SUCCESSORS AND ASSIGNS FROM ANY AND ALL CLAIMS I AND ANY ATTENDING FAMILY OR CHILD UNDER MY GUARDIANSHIP MAY HAVE ARISING OUT OF PARTICIPATION IN THE SERVICES PROVIDED BY “Wicked Auto Styling.”

You agree to hold Wicked Auto Styling harmless for any damage or claims whatsoever to the vehicle due to pre-existing condition and damage.

Factory Paint – Repaired, Re-painted, Re-Clear coated are commonplace with vehicles; even brand new vehicles off the dealership lot. Damage to vehicles at the dealership or during transport to and from the dealership occur often. Wicked Auto Styling WILL NOT be held liable for any damages caused or related to the pre-existing condition and damage to the vehicle. i.e. Peeling of clear coat on non-factory paint during paint protection film install or removal

PREPARING YOUR VEHICLE – Paint Protection Film & Vinyl Wrap

Prior to our arrival, please removal all items from the vehicle. Please empty any compartments. Please removal all cash, jewelry, and other valuables. 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. We will package any personal items we find while servicing your vehicle into plastic bags and remove them from the vehicle. We will return the items to your vehicle once were finished. You agree to not hold us responsible for damage or loss to any item left inside or outside the vehicle. “You agree to hold Wicked Auto Styling harmless for any lost or stolen property from the vehicle while in our care.”

Your vehicle exterior must be clean at drop off for any paint protection film or vinyl wrap service. Wicked Auto Styling will perform a thorough inspection of your vehicle condition at drop off. Inspection to include the use of artificial lighting to assess paint condition and a digital paint thickness meter to assess if the vehicle has been repaired and/or re-painted.

If the vehicle arrives for drop-off but has not been cleaned an additional $100 cleaning fee will be charged.

WHAT WE WILL NOT DO

Remove the spare tire

Pressure wash engines

Pull out seats

Reinstall any child safety seat.

COST OF TIME

Wicked Auto Styling provides high quality, well trained professional services. As such, at a minimum, we both agree that Wicked Auto Styling’s time is worth $150 per hour.

WINDOW FILM TERMS AND CONDITIONS

DRYING TIME

Your new window film will take 3-5 days before you can roll your windows down. It will take 2-3 weeks to fully cure depending on weather conditions.

BLACK DOT MATRIX

Most cars have a black ceramic edge on the side, rear windows, and windshields. Sometimes this ceramic edge is flat and other times it is dotted. These thick dots on most cars and prevent the window film from sticking to the area between the dots which results in a white looking edge. This is completely normal and unavoidable.

WINDOW FILM REMOVAL

Window film removal may cause the window defroster lines to be damaged. By authorizing Wicked Auto Styling to proceed with the window film removal, the customer hereby acknowledges the risk involved and waives any claims against Wicked Auto Styling and agrees to hold Wicked Auto Styling harmless in the event that damage does occur during the removal process.

IMPERFECTIONS

Although we strive for perfection in our window film installations, due to the nature of the product, some degree of dust or contamination and or minor imperfections are present in every window film application. Pre-existing flaws and or scratches are often much more noticeable after the windows are tinted. Older vehicles will have more imperfections due to age.

WINDSHIELD FILM APPLICATION

There will be minor imperfections on every windshield installation. It will be easier to see due to the film being installed on the front windshield. Do not apply any cleaners or windshield accessories on the windshield for 7 days. There is no refund and warranty coverage on the rainbow effect due to polarized glasses of any kind.

North Carolina – Window Tinting Laws

-        No tint on windshields below AS1 line or 5″ below the top, whichever is longer

-        Visible light transmission for all other windows must be greater than thirty-two percent (32%) on all sedan type vehicles

-        Visible light transmission for the two front windows must be greater than thirty-two (32%) on SUV’s, Truck’s, and Minivan’s. All other windows behind the front two windows may be tinted in any percentage.

-        Medical Exception permits are available to person(s) who suffer from a medical condition that causes the person to be photosensitive to visible light. Permits are valid for 5 years. The permit shall specify the vehicle for which it applies, the windows that may be tinted, and the permitted levels of tinting. A medical exception sticker must be placed on the lower left-hand corner of the rear window. The sticker must be placed between the film and the window. To obtain a permit, an applicant shall apply in writing to the Drivers Medical Evaluation Program and have his or her doctor complete the required medical evaluation form.

Customers installing VLTs not approved by North Carolina Law releases any and all liabilities from Wicked Auto Styling.

PERFORMANCE TUNING TERMS AND CONDITIONS

The manufacturing limits of the vehicle are determined by the vehicle manufacturer and can include parts, services, or components thereof provided by other manufacturers which have their own limits.  By having the performance software loaded into your vehicle, you understand and agree that Wicked Auto Styling cannot accept any liability or claim from use which is outside of the standard manufacturing limits. 

All of the performance software Wicked Auto Styling sells are for off road and/or racing use only and have not been tested or approved by any federal or local governing agencies and are not approved or recommended for street use. 

Understanding the legal requirements or legal limitation regarding the use of this performance software is the sole responsibility of the user.  Road racing, aggressive driving, including driving for any period of time at full throttle, and vehicle modifications of any kind that facilitate aggressive driving may reduce the useful life of the vehicle and any of its wearable parts.  This includes any consequential component failure to the vehicle, damage to the property, or persons including loss of life. 

The customer assumes all these risks.  All sales are final, no refund, and no warranty is expressed or implied whatsoever. 

PAINT PROTECTION FILM TERMS AND CONDITIONS

DRYING TIME

Your new paint protection film will take 3-4 weeks to fully cure depending on weather conditions. Do not wash the vehicle for 5 days. Wrapped vehicles must be brought back to Wicked Auto Styling for inspection within 2 weeks.

CONDITION OF VEHICLE FOR PAINT PROTECTION FILM APPLICATION.

Vehicles cannot have any type of coatings on the finish. These can affect the effectiveness of eh adhesion and may cause lifting, bubbles, and other issues that are not covered under mfg. warranties. The client is aware that the design of the paint protection film is for OEM factory paint. The client waives and releases Wicked Auto Styling from any warranty or damage claims where a product has been applied to a non-OEM painted surface.

INSTALLATION

The majority of our paint protection kits are computer cut using special cutting software. Precut kits involve stopping short of an edge, edges around badges, and corners. The customer understands that the paint protection film is a sacrificial layer for your vehicle and not a totally invisible layer. Customers may choose to have a custom design fit or bulk install for an additional cost.

HEADLIGHTS

Some headlights are not recommended for paint protection film due to HID features and some exterior coatings on the lens themselves. By authorizing Wicked Auto Styling to proceed with the headlight film application, customers hereby acknowledge the risk and waives any claims against Wicked Auto Styling and agrees to hold Wicked Auto Styling harmless in the event that damage does occur during or after the installation process.

PAINT PROTECTION FILM REMOVAL

Paint Protection Film removal may cause damage to the paint. By authorizing Wicked Auto Styling to proceed with the removal, the customer hereby acknowledges the risk and waives any claims against Wicked Auto Styling and agrees to hold Wicked Auto Styling harmless in the event that damage does occur during the removal process.

Factory Paint – Repaired, Re-painted, Re-Clear coated are commonplace with vehicles; even brand new vehicles off the dealership lot. Damage to vehicles at the dealership or during transport to and from the dealership occur often. Wicked Auto Styling WILL NOT be held liable for any damages caused or related to the pre-existing condition and damage to the vehicle. i.e. Peeling of clear coat on non-factory paint during paint protection film install or removal

IMPERFECTIONS

Although we strive for perfection in all installations, due to the nature of this product, some degree of dust contamination and or minor imperfections are present in every Paint Protection Film application. Pre-existing flaws, such as scratches, rock chips, debris in the paint, debris in the clear coat, misaligned body panels, and sanding marks are more noticeable after the paint protection film is applied. Paint Protection Film will have minor imperfections such as slight orange peel and may also include other manufacturer defects. Vehicles in excess of 200 or more miles typically have more imperfections due to mileage and use.

Photo/Video Release Authorization Permission

I agree that Wicked Auto Styling may use such videos and/or photographs of my vehicle with or without my name and for any lawful purpose, including for example such purpose as publicity, illustrations, advertising, website use, and social media content.

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Document name: Wicked Auto Styling - Customer Contract
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October 4, 2020 9:18 pm EDTWicked Auto Styling - Customer Contract Uploaded by Glenn Chua - glenn@wickedautostyling.com IP 99.178.168.209