Service Agreement

TERMS:

THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION WHICH AFFECTS YOUR LEGAL RIGHTS AND MAY BE ENFORCED BY THE PARTIES.

Service Department Hours of Operation: Mon-Fri 9am-6pm, and Saturday by appointment. While your car is at VL Performance any matters concerning your vehicle service work will be handled by our service advisor. The service advisor can be reached at extension 1# or via e-mail at service@vlperformance.com. All calls and emails will be returned at our earliest opportunity. Your patience is appreciated.

Labor Rates/Fees: Our labor rates are $115/hr. Many of our jobs have a “set price” that is used when generating a quote; these prices are set with the assumption that there are no additional existing issues with your vehicle and are subject to change. Once work begins, there are often unforeseen parts that need to be replaced to ensure the reliability of our repairs and these may not be included in initial quotes. VL Performance reserves the right to charge for additional labor when services require more time due to custom fabrications, custom installations, excessive filth, or existing issues such as rusted, broken, or stripped nuts and bolts. Our payment policy is 50% of the work estimate plus parts paid before work begins and the remaining 50% due upon completion of the work as documented on the Repair Order. Mechanical and electrical diagnostics, and custom installations will be charged at a rate of $115/hr.  Custom fabrication will be charged at a rate of $135/hr.

VL Performance reserves the right to decline work that is outside the parameters/timeframe of the originally scheduled job. VL Performance schedules service appointments to optimize our output and meet customer expectations. If it is determined that the scope of a scheduled job was misrepresented by a customer, whether the misrepresentation is intentional or unintentional, VL Performance reserves the right to decline the work.

VL Performance does not offer guaranteed indoor storage for your vehicle. Your car will be stored outside on our monitored lot before we begin and after we complete services on your car. VL Performance is not liable for any damages, resulting from but not limited to, theft, vandalism, inclement weather, or acts of God while your vehicle is stored outside at our facility. By signing this contract, you acknowledge and accept the risks associated with outdoor storage and hold harmless VL Performance for any damages that result from said outdoor storage. For your protection, VL Performance suggests that you review your auto insurance policy to ensure that you have proper and adequate coverage.

Vehicles must be test driven in order to insure the reliability of the work we perform. The State of Wisconsin requires proof of insurance and registration in order for VL Performance to legally test drive your car. If you do not provide proper proof of insurance and registration, VL Performance will NOT test drive your vehicle. Any and all issues that arise as a result of VL Performance’s inability to test drive your car will be assumed by the customer, acknowledging that failure to provide necessary documentation required for testing specifically designed to eliminate aforementioned issues, will be considered as the origin of any and all issues. In the course of test driving, VL Performance is in no way liable for accidents or damage, caused by but not limited to, existing problems with the vehicle, negligence (willing or unwilling) of other drivers, animals in roadway, or acts of God. VL Performance is not responsible for mechanical failures, unrelated to work performed by VL Performance, that manifest during a test drive. Customer will be invoiced for the fuel required for test driving.

If VL Performance finds an existing problem that we feel compromises the safety of your vehicle or other vehicles on the road and you choose not to repair it, you must sign an “Unfit for the Road” waiver, acknowledging that VL Performance informed you of the problem and its potential risks before we will release the vehicle. Customers have the right to refuse to sign the document, and in the event that you choose this option, local authorities will be contacted in order to fill out a report of the issue and the risks before we will release the vehicle into your possession.

VL Performance does not guarantee completion dates or times. At VL Performance we strive to complete your requested work in a timely manner; however, our primary emphasis is performing the highest quality of service. Depending on the size of the job your service work may take several months to complete. You will receive an email from our service department when we begin work on your vehicle and you will receive updates (via email) anytime the status of your service work changes. These emails may include time-sensitive requests that require a customer response for us to proceed with service work. You should check your email (at the email address that you provided) daily while your car is at VL Performance to avoid unnecessary time delays and, in some cases, additional fees that result when customers do not respond within 24 hours to time-sensitive emails. VL Performance is not responsible for any costs incurred because of a job not being completed by a projected completion date; these costs include but are not limited to, hotel rooms, flights, rental cars, time lost at work, and fuel.

COMPLETION OF WORK & PAYMENT:

You will receive an email from our service department when your work is complete. This email is the only binding notification of service work completion between VL Performance and our service customers.
Upon notification of completion, VL Performance strongly encourages you to personally pick up your car so that you may inspect, and test drive the car to ensure your satisfaction. Due to the nature of the high performance-oriented parts and services we provide, VL Performance offers no guarantees or warranties whatsoever after the vehicle leaves our premises.

When your car leaves VL Performance, whether you choose to have it transported or you choose to drive, it will be considered acknowledgement that VL Performance has provided you with the parts and services you have paid for and fulfilled their obligation to you as a customer. Customer acknowledges that opting to transport their vehicle is a willing forfeiture of their rights to inspect and test drive the car and that their satisfaction, or lack of satisfaction, in no way alters their legal obligation to pay for the parts and services provided by VL Performance. After your car leaves our facility, VL Performance is not liable for any incidental or consequential damages, including but not limited to rental cars, towing fees, or third-party repairs.

VL Performance requires that all invoices are paid in full AND vehicles are picked up within 14 business days of email notification that service work is complete. Storage fees will accrue at a rate of $20/business day, beginning on the 15th day, if the car has an outstanding balance OR the car has not been picked up. Cars with an outstanding balance may NOT be picked up until the balance is paid in full. After 30 days, VL Performance reserves the right to apply for a Mechanics Lien under Wisconsin Law. Payments can be applied to your account by mail, phone, or even e-mail. Preferred payment methods include cash, wire transfer, and certified funds. Personal checks are only accepted as pre-payments and must clear before vehicle’s release. MasterCard, Visa, Discover, and AMEX cards are accepted however, there is 3.5% convenience fee applied to all credit card transactions.

DYNO TESTING & ENGINE TUNING CLAUSE:

VL Performance strongly recommends having your car dyno’d, if your service work is high performance-related to insure proper power delivery and safe air/fuel ratios. Failure to do may limit our ability to ensure systems are performing safely and correctly. Please inquire about our tuning rates.

Dyno Testing and Engine Tuning. During dyno testing and/or engine tuning, your vehicle is placed under very high stress at high speed for extended periods of time, and damage or failure of the vehicle's engine, drivetrain, or other parts may occur. You acknowledge that you are aware of this risk, and you expressly and knowingly release VL Performance, LLC, its representatives, officers, employees, and other agents from any and all claims and causes of action for property damage to your vehicle that may result from dyno testing and/or engine tuning; and you agree to protect, hold harmless, and indemnify them from any and all claims and causes of action for property damage to your vehicle, including defense costs and attorney’s fees arising out of dyno testing or tuning of your vehicle.

We can only fix certain issues on the day of an appointment depending on scheduling for that day. If you come to an appointment with a vehicle that is not working properly we may not be able to complete your appointment. If the problem is minor enough to be fixed at the shop during the day we can fix it. Our labor rates apply for time spent troubleshooting of $150.00/hr. If the problem cannot be resolved, you will still be responsible for the full tuning fee as we have allocated the time for your car in our dyno schedule.

Additional Dyno Fees may be applied beyond the initial rate for various reasons beyond the control of VL Performance.     These include, but are not limited to:

 **  $50 Re-strap fee due to mechanical failure
 **  $45 Re-fuel labor charge
 **  Customer will be charged the market price for any fuel dispensed by VL Performance.
 **  Additional (standard rate) time for low profile and/or aero vehicles for dyno loading and unloading

CUSTOMER SUPPLIED PARTS CLAUSE:

VL Performance does not typically accept customer supplier parts, we do make special expectations. At VL Performance we strive to complete your requested work in a timely manner; however, our primary emphasis is performing the highest quality of service. We have expert service advisors and ASE Master Technicians who work with the customer to reach an agreement on work to be completed. If the agreement includes any parts to be used which are outside of the vehicle itself and not purchased by VL Performance there is an additional $50 base fee, additional time will be charge for trouble shooting, and a lift fee will be applied if work must stop as a direct result of the parts supplied.

OFF HIGHWAY / OFF ROAD / RACING CLAUSE:

Many of the parts, components, and services sold or provided by VL Performance, LLC, including, but not limited to performance parts, parts installation, engine modification or tuning are sold or provided by VL Performance, LLC solely for the use on or in connection with off-highway or off-road use vehicles, and in California (or other states that have adopted California emissions-related laws or as otherwise required under any applicable laws), solely for use on or in connection with racing or competition vehicles operated on a closed course permitted under applicable laws. Federal, state, and local laws and regulations may prohibit the use or installation of such parts or the performance of such services on any emissions-controlled motor vehicle. You have acknowledged that you have the sole responsibility to ensure that the purchase and use of any parts from VL Performance, LLC and the use of any vehicle serviced by VL Performance, LLC comply with federal, state, and local laws and regulations, including, but not limited to, pollution or emissions control laws.

Unless otherwise indicated in writing by VL Performance, LLC, you acknowledge, certify, represent and warrant that you are purchasing VL Performance, LLC products and services solely for, and that any vehicle for which VL Performance, LLC performs services at your request are currently and shall be operated only for , off highway/ off-road use, and in California (or other states that have adopted California emissions-related laws or as otherwise required under any applicable laws), only for use in organized racing or competitive events on a closed course as sanctioned or permitted under applicable law.

Due to the nature of performance work, VL Performance does not guarantee or accept responsibility for your vehicle passing inspections or emissions tests required in the state where your car is registered.

MEDIA RELEASE CLAUSE:

I grant permission to VL Performance to use any media of my vehicle (photographs and/or video) for use in publications including: Social Media Channels (Facebook, Instagram, Youtube), Videos, Email Distribution, Recruiting Brochures, Newsletters, Magazines, General Publications, Website and/or Affiliates.

I hereby waive any right to inspect or approve the finished photographs or electronic matter that may be used in conjunction with them now or in the future, whether that use is known to me or unknown, and I waive any right to royalties or other compensation arising from or related to the use of the image.

DISPUTES & AMBIGUITIES CLAUSE:

Med-Arb Clause: In the event a dispute shall arise between the parties to this contract, the parties agree to participate in at least four hours of mediation, prior to arbitration, in accordance with the mediation procedures of United States Arbitration & Mediation. The mediation shall be administered by a USA&M approved mediator in Appleton, WI where the VL Performance facility is located. The parties agree to share equally in the costs of the mediation. In the event the dispute is not resolved in mediation, it is hereby agreed that the dispute shall be referred to arbitration in accordance with the applicable United mStates Arbitration and Mediation Rules of Arbitration. The arbitrator's decision shall be final and legally binding and judgment may be entered thereon. Each party shall be responsible for its share of the arbitration fees in accordance with the applicable Rules of Arbitration. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator's award, or fails to comply with the arbitrator's award, the other party is entitled to costs of suit, including a reasonable attorney's fee for having to compel arbitration or defend or enforce the award.

Forum Selection Clause: Any dispute arising from this contractual relationship shall be governed by Wisconsin law, and shall be decided solely and exclusively by State courts located in Outagamie County, WI. Any party who unsuccessfully challenges the enforce-ability of this forum selection clause shall reimburse VL Performance for its attorney's fees.

Attorney’s Fees Provision: VL Performance shall have the right to collect from the other party its reasonable costs and necessary disbursements and attorneys' fees incurred in enforcing this Agreement. "Costs" include, but are not limited to, filing fees, fees for serving the summons, complaint, and other court papers, fees to pay a court reporter to transcribe depositions (pretrial interviews of witnesses) and in-court testimony, and, if a jury is involved, to pay the daily stipend of jurors. Costs to photocopy court papers and exhibits may also be included.

Merger Clause/ Non-Modification: This agreement constitutes the entire agreement between the parties. No waiver, consent, modification or change of terms of this agreement shall bind either party unless in writing and signed by both parties. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this agreement. The undersigned customer hereby acknowledges that he/she has read this agreement, understands it, and agrees to be bound by its terms and conditions.

Ambiguities Against the Drafter: The failure of VL Performance to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement shall remain in full force and effect. Any ambiguities in this Agreement shall not be strictly construed against the drafter of the language concerned, but instead shall be resolved by applying the most reasonable interpretation under the circumstances, giving full consideration to the intent of the parties at the time of contracting.