This agreement for services by and between the Client (“Client” or ”Customer”), and Motorsport Designs, Inc. (“Motorsport Designs”), is made effective as of deposit payment is made by Client for Motorsport Designs’ services. The Client agrees to the conditions of this agreement by processing payment information to Motorsport Designs on any medium of payment accepted by Motorsport Designs.
DESCRIPTION OF SERVICES
Beginning on the day of the deposited payment, Motorsport Designs will provide to the Client the services described within this Agreement on the service start date stated in the invoice or email correspondence between the Client and Motorsport Designs about the service.
The vinyl manufacturer chosen by the Client will be the product that the Customer approves for Motorsport Designs to utilize. The Customer agrees to verify they approve of the vinyl manufacturer company as product of choice for Service by researching product quality, warranties, etc.
A full inspection will take place prior to service start and post service completion and any issues will be noted into our CRM software. The Customer agrees to provide a vehicle that has sound paint and is free from defects. If vehicle(s) and/or product(s) are not provided in this condition and the material fails, does not achieve “paint-like finish” or if the paint comes off when it's time to remove the wrap, Motorsport Designs is not liable.
The vehicle(s) and or product(s) will be washed and completely and free of road grime, tars, waxes, coatings, etc. and completely dry to insure adhesion of graphics, at least a day before installation by the Customer. To the best of Motorsport Designs ability, a complimentary wash will be provided to bring the vehicle(s) and/or product(s) to the best condition for Services to be completed. If Motorsport Designs finds existing waxes, sealants, and/or coatings an additional charge will apply and will be required prior to moving forward with install.
Service completion can take up to two weeks upon signing of this Agreement. Motorsport Designs cannot be responsible for any downtime of the vehicle due to unavoidable delays of installation and any loss of revenue that the vehicle may incur while not being on the road for the client. I understand that Motorsport Designs is not responsible for delays caused by the unavailability of parts/materials, or delay in shipments by the supplier or the shipper.
PAYMENT
Payment shall be made to Motorsport Designs, Inc. and the Client agrees to pay Motorsport Designs as follows:
RETURNS AND CANCELATIONS
Once payment from the Client is received and materials are ordered, costs of material(s) and logistics associated with receiving the material(s) will be non-refundable. If Client chooses to cancel the project after initial payment is made, the Client is required to make a request in writing to Motorsport Designs. Any and all cancelations are at the discretion of Motorsport Designs and subject to a cancelation fee minimum of $350. Fee is subject to change at discretion of Motorsport Designs to cover any and all costs incurred with research and preparing projects for Client.
TERM
This agreement will terminate automatically 10 years after service completion by Motorsport Designs of the Services required by this Agreement.
WARRANTY
Motorsport Designs offers a 1 Year warranty covering material and labor for issues that Motorsport Designs has deemed necessary for correction. All claims are subject to the discretion of Motorsport Designs, and Motorsport Designs can deny any claim we deem not to be a result of our workmanship. Motorsport Designs will be given a minimum of 30 days to schedule the vehicle for correction and to gather all materials needed for correction.
Manufacturer Warranty
Terms vary based on manufacturer chosen either by Client and/or Motorsport Designs, and it is recommended the Client refer to Manufacturer for information about the Warranty and it's coverage. Client understands that it is out of Motorsport Designs control for any defects or discrepancies with the material chosen and Motorsport Designs cannot be held liable for any quality issues, even in the instance that Motorsport Designs recommended the chosen Manufacturer. Manufacturer Warranty covers only the material cost and Client agrees that in the instance of a Manufacturer Warranty Claim, payment will need to be rendered from Client for all external expenses in correlation with the claim (i.e. Labor, Shipping, etc.).
DEFAULT
The occurrence of any of the following shall constitute a material default under this Agreement:
REMEDIES
In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Agreement (including without limitation the failure to make a monetary payment when due), the other party may terminate the Agreement by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 10 days from the effective date of such notice to cure the default(s). Unless waived in writing by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Agreement.
FORCE MAJEURE
If performance of this Agreement or any obligation under this Agreement is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages, or other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
ENTIRE AGREEMENT
This Agreement contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Agreement. This Agreement supersedes any prior written or oral 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 will continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
AMENDMENT
This Agreement may be modified or amended in writing by mutual agreement between the parties, if the writing is signed by the party obligated under the amendment.
GOVERNING LAW
This Agreement shall be construed in accordance with the laws of the State of California.
NOTICE
Any notice or communication required or permitted under this Agreement shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.
WAIVER OF CONTRACTUAL RIGHT
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.
ATTORNEY'S FEES TO PREVAILING PARTY
In any action arising here under or any separate action pertaining to the validity of this Agreement, the prevailing party shall be awarded reasonable attorney's fees and costs, both in the trial court and on appeal.
CONSTRUCTION AND INTERPRETATION
The rule requiring construction or interpretation against the drafter is waived. The document shall be deemed as if it were drafted by both parties in a mutual effort.
WINDOW TINTING LEGAL DISCLAIMER
All window tinting is done at end user's discretion. Motorsport Designs recommends tinting to the legal limit VLT for all passenger vehicles for everyday use. It is up to customer(s) to obey all state window tint laws. Anything beyond legal limit, will be installed for prescription or medical use, out of state use, off road use only or for show car purposes. Motorsport Designs applies film ranging from 70%, 50%, 35%, 20% or 5%.
Any warranty work must be approved by Motorsport Designs and we do not warranty the film from any scratching, nicks, or cuts due to normal wear and tear. Broken or replaced glass is not covered under warranty. Please be aware that there may be minor dust and or dirt particles in some applications. This is unavoidable. The window film(s) must be intact for any warranty issues. Do not remove window film(s) or the warranty is void. Only state compliant window films are covered under the lifetime warranty. Noncompliant films will not be covered under warranty due to window film manufacturer's policies and procedures.
Motorsport Designs is not responsible for any traffic tickets or citations associated with noncompliant window film(s). Although we do install 70% VLT on passenger vehicles, many of the vehicle windows contain some level of tint from the manufacturer, thus resulting in a lower VLT which could be below the limit.
PERSONAL PROPERTY AND VEHICLE STORAGE RELEASE OF LIABILITY
It is recommended that the owner of the vehicle store or take with them any personal property while vehicle is left at Motorsport Designs location. To the best of their abilities, Motorsport Designs and it's employees will secure the vehicle and its possessions, but the Client releases all liability towards Motorsport Designs for any property, including the vehicle itself, that is damaged or stolen during the time the vehicle is in possession of Motorsport Designs. Personal property left in or around the Client's vehicle during the period the vehicle is at Motorsport Designs shop, or stored on the premises outside of the shop, is the responsibility of its owner. This would include, but not be limited to, electronics, monies, apparel, equipment, confidentially sensitive items, etc.
MEDIA RELEASE
The Client agrees to allow Motorsport Designs to use whichever medium necessary to publicize the services provided to the Client and publish on any marketing platform deemed acceptable and non-threatening to the well being of the Client. Any confidentiality of the service being provided needs to be relayed in writing to Motorsport Designs prior to the beginning of services.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the date that payment from the Client was received by Motorsport Designs for the service requested, on any medium of payment accepted by Motorsport Designs.
We reserve the right to refuse service to anyone.
Authorization for Repairs and Modifications
Motorsport Designs, Inc. is authorized to perform the requested modifications to my vehicle. I hereby authorize Motorsport Designs, Inc. employee’s permission to operate my vehicle for the purpose of testing and/or inspection.