Vehicle Repair Authorization Agreement

At Alliance Collision Centers, making the repair process of your vehicle simple is one of our primary goals. For this reason we are providing electronic authorizations. This is to make it easy and take the hassle out of having to come to the shop to sign a work order or have to fax one in. The terms and conditions below are legal and binding. Please review them and let us know if you have any questions.

The undersigned customer (“Customer”) represents that he/she is the registered owner, legal owner, lessee or authorized agent of such owner or lessee, authorizing repairs to the vehicle referenced herein and hereby authorizes Alliance Collision Centers (“Alliance”) to make the repairs stated in the repair (work order) referenced herein pursuant to the Terms and Conditions contained in this agreement. Customer agrees that he/she has read, understands, and agrees to the Terms and Conditions contained in this agreement, which include the limited power to endorse insurance payments regarding these repairs, and which include a dispute resolution provision requiring binding arbitration under many circumstances. 

Customer understands that the work order shall govern prices, parts and warranties in the repair hereto. 

NOTICE PURSUANT TO SECTION 70.001, TEXAS PROPERTY CODE
Customer understands that this vehicle is subject to repossession in accordance with Section 9.609, Texas Business & Commerce Code, if a written order of payment for repairs of the vehicle is stopped, or dishonored because of insufficient funds, no funds, or because the drawer or maker of the order has no account or the account on which it is drawn has been closed.

TERMS AND CONDITIONS OF REPAIR SERVICES
I. Limited Power of Attorney. Customer hereby appoints Alliance and its authorized employees, as his/her attorney-in-fact to act in Customer’s place for the purpose of endorsing, on Customer’s behalf, all insurance company checks made payable to Alliance and/or Customer regarding authorized repairs to the vehicle described in this agreement.  This limited power of attorney terminates upon full payment for the repairs of the vehicle.

II. Additional Repairs. If upon closer inspection, it is found that additional repairs are necessary, Customer will be contacted for authorization to make such additional repairs.  Authorization may be given by Customer orally or in written form.  Such additional repairs shall be listed on the final invoice. Supplement payments from the insurance company are to be directed directly to the shop.

III. Sublet Repairs. Customer acknowledges that portions of the repairs may be provided by a subcontractor hired by Alliance, or at another Alliance facility, and Customer hereby authorizes all sublet repairs that Alliance (in its sole discretion) may deem necessary.

IV. Authorization to Operate Vehicle. Customer hereby authorizes Alliance, its employees and its subcontractors to operate the vehicle, including use on public streets, for the purposes of, including but not limited to, inspecting, testing, sublet services, pick-up and delivery, and facilitating repairs.

V. Damage,Theft or acts of God. Alliance does not accept any responsibility or liability for the theft of, or damage to, the vehicle, or any personal property left in the vehicle, that is not a direct result of Alliance’s gross negligence.  Customer acknowledges that said property is not insured or protected to the amount of the actual cash value thereof, or otherwise, against loss related to theft, fire, vandalism or any act beyond Alliance’s control while the property remains with Alliance. In any claim the customer’s insurance policy will be primary.  Customer further acknowledges that all personal property has been removed from the vehicle, and that Alliance, its employees and its subcontractors are not responsible for inspection thereof.  Customers Insurance is ALWAYS primary.

VI. Payment at completion. Customer agrees that he/she will be jointly and severally responsible and liable for payment of all charges for labor, parts, material and accessories, sublet repairs to the vehicle, and any other charges incurred under these Terms and Conditions, and payment in full shall be made prior to the release of the vehicle. Charges that the insurance company refuses to pay are the sole responsibility of the owner.
VII. Storage Fees. If the vehicle is not picked up within five (5) days after Alliance has notified the Customer that the repairs are completed, Alliance may charge daily storage fees (calculated every calendar day) at rates that are ordinary and customary for the area, but not to exceed $25.00 per day.  

VIII. Lien Sale. In addition to any and all other legal and equitable remedies available to Alliance, Customer authorizes and acknowledges that if payment in full is not received within five (5) days after Alliance has notified the Customer that the repairs are completed, Alliance may, in accordance with applicable state law, begin lien sale proceedings and sell the vehicle by way of a public auction. 

IX. DISPUTE SETTLEMENT. CUSTOMER ACKNOWLEDGES AND AGREES THAT IN THE EVENT A DISPUTE OR CONTROVERSY ARISES CONCERNING THIS AGREEMENT OR THE REPAIRS TO THE VEHICLE,  CUSTOMER AND ALLIANCE SHALL FIRST ATTEMPT IN GOOD FAITH TO SETTLE THE DISPUTE BY MEDIATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL MEDIATION PROCEDURES.  IN THE EVENT THAT THE MATTER IS NOT SETTLED BY MEDIATION AS PROVIDED, CUSTOMER AGREES THAT SUCH DISPUTE OR CONTROVERSY SHALL BE RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES.  JUDGMENT ON THE ARBITRATION AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.  NOTWITHSTANDING THE FOREGOING, ALLIANCE MAY EXERCISE ITS RIGHTS UNDER SECTION viii ABOVE WITHOUT FIRST MEDIATION OR ARBITRATING.

X. Limited Warranty.  Subject to the obligations and exclusions below and unless otherwise noted on the work order Alliance warrants the repairs against defects in materials and workmanship (except for used or aftermarket parts) for the applicable period of time set forth in Section xi. During such time, Alliance will repair or replace any parts which prove to be defective by reason of improper workmanship or materials without charge for parts or labor relating thereto, subject to the terms and conditions herein, including, but not limited to Section xiii below.  All parts replaced under this limited warranty shall become the property of Alliance.  All warranty repairs must be performed at one of Alliance’s facilities.  If the vehicle is outside Alliance’s market area, the warranty repairs may be performed at any repair facility nationwide that is approved in advance by Alliance.

XI Warranty Period, Non-Transferability and Non-Assignability.  Except as otherwise provided herein, Alliance warrants the repairs and paint only to Customer, and for only as long as Customer owns the vehicle.  Customer may not expressly or implicitly transfer or assign any rights granted under this limited warranty. Warranty period may be changed if noted on work order agreement on commercial fleet vehicles and out of pocket repairs for all vehicles .

XII. Defects in Manufacturer’s Parts, Material or Accessories.  This limited warranty applies to defects in any parts, materials or accessories used in the repairs which are procured by Alliance from any third-party manufacturer and/or supplier only to the extent that such manufacturer’s or supplier’s warranties, if any, apply to Alliance with respect thereto.

XIII. Limitations and Exclusions. This limited warranty does not apply to repairs necessitated by any cause beyond the reasonable control of Alliance, including any defects, damage or malfunctions caused by or resulting from unauthorized service or parts, improper or inadequate vehicle maintenance, use for which any parts or accessories were not designed or approved, alterations, accidents, modification of repairs, subsequent repairs performed by a party other than Alliance (except as set forth in Section 10 above), abuse, misuse, neglect, or acts of God. 

XIV Environmental Damage. This limited warranty does not apply to chemicals, tree sap, road salt, sand, rocks, pebbles, hail, windstorms, sun, pollution or other environmental factors that may damage cloth, leather, plastic, wood, vinyl, paint, chrome, upholstery and/or convertible tops.

XV. DISCLAIMERS. THE FOREGOING IS THE COMPLETE LIMITED WARRANTY FOR ALLIANCE REPAIRS AND SUPERSEDES ALL OTHER WARRANTIES AND REPRESENTATIONS, WHETHER ORAL OR WRITTEN.  EXCEPT AS EXPRESSLY SET FORTH ABOVE, NO OTHER WARRANTIES ARE MADE WITH RESPECT TO ALLIANCE REPAIRS, AND ALLIANCE EXPRESSLY DISCLAIMS ALL WARRANTIES NOT STATED HEREIN, WHETHER EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF  MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  THE DURATION OF ANY WARRANTIES WHICH MAY BE IMPLIED AND CANNOT BE DISCLAIMED BY LAW IS LIMITED TO THE TERM OF THIS LIMITED WARRANTY.  IN NO EVENT WILL ALLIANCE BE LIABLE TO THE CUSTOMER, OR TO ANY USER OR PASSENGER OF THE VEHICLE DESCRIBED IN THIS AGREEMENT, FOR ANY DAMAGES, EXPENSES, LOST REVENUES, LOST SAVINGS OR ANY OTHER SPECIAL, INDIRECT INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND OR NATURE WHATSOEVER, EVEN IF ALLIANCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES.  CONSEQUENTLY, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO ALL CUSTOMERS.  TO THE EXTENT THAT ANY PART OF THIS LIMITED WARRANTY IS IN CONFLICT WITH APPLICABLE LAW, ALLIANCE WILL FOLLOW APPLICABLE LAW.

XVI. Entire Agreement, Headings, Validity.  Customer acknowledges that he/she has not been induced to authorize repairs by any representation or warranty not set forth in this agreement.  This is the entire agreement between Alliance and Customer, and supersedes all existing agreements and all other oral or written communication between them concerning its subject matter.  If any provision herein shall be held to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions shall in no way be affected or impaired.  This agreement may only be modified in writing, signed by Alliance and Customer.