1. Authorization and Agreement to Repair. Customer authorizes Citiwide Truck Repair (“Citiwide”) to repair the Vehicle on this agreement. Customer understands that this is a valid and binding contract and that Citiwide is entitled to be paid in full by Customer for all repair services performed and parts installed on the Vehicle.
2. Customer’s Warranty. Customer warrants and represents to Citiwide that: (a) Customer is the legal owner or lessee of the Vehicle and (b) Customer has the legal right to authorize Citiwide to undertake and perform the required repairs.
3. Personal Property. Customer shall remove all personal property from the Vehicle. Citiwide is not responsible for the loss of personal property located in the Vehicle at the time of repair.
4. Description and Cost of Repairs. Based upon an inspection of the Vehicle performed as of the date of this Authorization and Agreement to Repair, the total cost of the labor, materials and parts required to repair the Customer’s Vehicle (the “Repair”) is set forth in the Estimate annexed to this Authorization as Exhibit A. Customer shall pay Citiwide 50% of the purchase price (Deposit) before Citiwide starts the Repair.
5. Supplemental Work. Additional damage may be discovered and additional repairs may become necessary. In that event, Citiwide will notify the Customer of the additional repairs to be made to the Vehicle and the expected cost. Citiwide will not continue with any work until Customer approves the changes by executing an Authorization to Perform Supplemental Repairs or at the customer’s option to provide verbal or electronic authorization.
6. Subcontractors. Customer acknowledges that in order to properly perform the Repair it may be necessary for Citiwide to engage subcontractors to perform work on the Vehicle. Customer consents to the transport of the Vehicle to other facilities for any required subcontract work. Customer agrees to pay for the repair service and parts installed by the subcontractor. The cost of the subcontractor work shall be incorporated into the final repair invoice.
7. Labor Rates. Customer acknowledges and agrees that the labor rate which will be charged for work performed on the Vehicle by Citiwide shall be $75 Per Hour.
8. Storage. Storage charges apply to all Vehicles commencing on the day after Customer is advised that the Vehicle has been repaired and is ready for pick up. Customer shall be obligated to pay storage charges at the rate of $150 per day.
9. Tear Down Charges. If during the repair it is determined that the Vehicle is a total loss and Citiwide agrees to cease further repairs, Customer shall pay Citiwide for its labor at the rate set forth in Paragraph 7.
10. Payment, Lien. Payment in full is due on the date that the Vehicle is released to the Customer. Until payment in full is rendered, Citiwide is entitled pursuant to N.J.S.A. 2A:44-21 to assert a Garage keeper’s lien against the Vehicle. If Customer fails to pay for the repair in full, Citiwide has the right to refuse to return the Vehicle until it is paid. If Customer’s insurance company, a tortfeasor or a tortfeasor’s insurance company fails to remit full payment, Customer shall remain personally liable for all costs associated with the Repair.
11. Credit Card are subject to a 3% convenience fee.
12. Invoices unpaid after the due date are subject to a $35 monthly fee.
13. Assignment of Claim. If Citiwide elects to release the Vehicle before full payment is made for the Repair, in consideration for such release, Customer assigns to Citiwide all claims, rights and causes of action the Customer has or may have against Customer’s insurance company and against the person or entity who damaged the Vehicle. This is not an assignment of the insurance policy but is intended to be an assignment of the Customer’s claim for reimbursement of cost to repair the damage to the Vehicle.
14. Cooperation by Customer. As part of the Assignment of Claim provided herein, Customer agrees to fully cooperate with Citiwide in connection with the prosecution of the Claim which has been assigned, to provide all police reports or other documents required by Citiwide to prosecute the claim and to appear and testify at a deposition or in court if requested by Citiwide.
15. Limited Warranty, Limitation on Damages. Citiwide warrants its repairs for a period of seven (15) days following release of the vehicle (“Limited Warranty”). The Limited Warranty does not cover the installation or repair of electrical components. The Limited Warranty does not extend to parts. WITH THE EXCEPTION OF THE LIMITED WARRANTY, CITIWIDE HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PARTS ARE SUBJECT TO TERMS EXTENDED BY THE MANUFACTURER OR VENDOR. IN NO EVENT SHALL CITIWIDE BE LIABLE FOR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RESULTING FROM THE REPAIR.
16. Attorney’s Fees and Costs. In the event that Citiwide incurs legal fees, collection costs or expenses to collect any amounts due under this agreement or to enforce its rights under this agreement, the customer agrees to pay Citiwide all of the legal fees, collection costs and expenses incurred by Citiwide.
17. Who is Bound. This Agreement is binding upon Customer and all who succeed to Customer’s rights and responsibilities.
18. Severability. If any term or provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable for any reason, (a) that term or provision shall be ineffectual and void; (b) a lawful provision as closely as possible approximating the stricken one shall be substituted in its stead; and (c) the validity of the remainder of this Agreement shall not be adversely affected thereby.
19. Entire Agreement. This Agreement and its Exhibits supersede any and all other understandings, agreements, and representations either oral or in writing, between Citiwide and the Customer, and constitutes the sole agreement between the parties with respect to the Repair.
20. Choice of Law, Venue. This Agreement shall be governed in all respects, including validity, interpretation and effect, by the laws of the State of New Jersey without giving effect to its conflict of law principles. Any legal action brought by either party against the other party for claims arising out of this Agreement shall be brought in the New Jersey Superior Court, Law Division, Hudson County.