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By Submitting payment for Services hereunder, this Agreement (“Agreement”) is entered into between Esse Werks (“Tuner”) and the undersigned individual (“Client”) in connection with tuning or other services discussed and agreed to be performed on the Client’s vehicle, VIN number included below (“Services”) as agreed on the date of signature below (“Effective Date”). By submitting payment Client acknowledges and agrees to the following terms, and payment of an invoice shall constitute initiation of Services:
Assumption of Risk - Client understands that engine tuning and other requested modifications are performance modification that may increase mechanical, thermal, or electrical stress on the vehicle and its components. These modifications may result in but not be limited to, emissions non-compliance, fuel economy changes, safety system malfunctions, and voiding of manufacturer warranties. Client assumes all risks, known and unknown, associated with the Services performed and any issues resulting thereafter.
Fees & Payment - Services will commence after payment of an invoice provided by Tuner, which is due upon receipt and is non-refundable. If any payment is not received within 5 business days of Client’s receipt of such invoice, Tuner may terminate such associated Service request.
Acknowledgment of Voluntary Action - Client affirms that they have voluntarily requested the Services, including but not limited to tuning services, and were not pressured, coerced, or misled in any way. Such Services are requested at Client’s own discretion and expense.
No Guarantee or Warranty - Tuner provides all Services “as-is,” with no express or implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, reliability, safety, emissions compliance, or compatibility with third party parts.
Responsibility for Vehicle Condition - Client confirms that the vehicle is in safe, working condition prior to Services being performed. Tuner is not responsible for preexisting conditions, worn parts, or any failures after Services have been performed.
Emissions & Street Legal Compliance - Client understands the Services will result in a modified vehicle that may no longer comply with local, state, or federal laws or emissions regulations. Client accepts all legal responsibility for the operation, registration, inspection, and usage of their vehicle in its state.
Client Responsibility for Flashing and Use - Client acknowledges that any Service, tune file, data review, or calibration provided is intended for professional or track use only, and Client accepts full responsibility for the application and use of such file, including uploading to their vehicle or distributing it. Tuner bears no liability for Client or third party use.
Limitation of Liability - Given the unique nature of the Services provided to Client that may result in the Client’s vehicle becoming noncompliant under applicable law and/or regulations, to the fullest extent permitted by law, Tuner’s total liability under or in connection with this Agreement, whether in contract, tort (including negligence), or otherwise, shall not exceed the total fees paid by Client to Tuner for the relevant Services. In no event shall Tuner be liable hereunder for any indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to lost profits, loss of use, or business interruption.
Indemnification - Client agrees to indemnify, defend, and hold harmless Tuner, its owners, employees, affiliates, and subcontractors from and against all claims, liabilities, losses, costs, or expenses (including attorneys’ fees) arising out of or related to Client’s use, or failure of, the Serviced vehicle hereunder.
Insurance - Client agrees to maintain at their expense liability insurance covering the vehicle during all times it is in Tunner’s possession.
Additional Diagnostics / Support - Unless explicitly included in writing, any request for supplemental logging, revisions, or support beyond that discussed after the Effective Date may incur additional fees.
Dispute Resolution - The parties shall first attempt to resolve any dispute by informal good faith negotiations. If unresolved within thirty (30) days, any dispute shall be submitted to binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association, with the arbitration conducted in Palm Beach County, Florida. The arbitrator’s award shall be final and binding and may be entered in any court of competent jurisdiction.
Governing Law - This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida, without regard to conflict of law principles.
Severability and Entire Agreement - If any provision of this Agreement is held unenforceable, the remaining provisions shall remain in full force and effect. This Agreement constitutes the entire understanding between the parties and may be amended only by a written instrument signed by both.
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