I. limited Warranty. Subject to the obligations and exclusions below and unless otherwise noted on this work order 1st Class Collision Center Inc. 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 II. During such time,1st Class Collision Center Inc. 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 there to, subject to the terms and conditions herein, including, but not limited d to Section IV below. All parts replaced under this limited warranty shall become the property of 1st Class Collision Center lnc. AII warranty repairs must be performed all one of 1st Class Collision Center lnc. Facilities. If the vehicle is outside 1st Class Collision Inc. market area, the warranty repairs must be approved in advance by 1st Class Collision Center lnc.
II. Warranty Period, Non-Transferability and Non-Assignability. Except as otherwise provided herein, 1st Class Collision Center Inc. warrants the repairs and paint only to Customer and for only as long as Costumer owns the vehicle. Costumer 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.
III. Defects in Manufacturer’s Parts Material or Accessories. This limited warranty applies to defects in any parts, materials or accessories used in repairs which are procured by 1st Class Collision Center Inc. from any third party manufacturer and/or supplier only to the extent that such manufacturer’s or supplier’s warranties, if any, apply to 1st Class Collision Center Inc. with respect thereto.
IV. Limitations and Exclusions. This limited warranty does not apply to repairs necessitated by any cause beyond the reasonable control of 1st Class Collision Center Inc., 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 1st Class Collision Center Inc. (except as set forth in Section I above), abuse, misuse, neglect, or acts of God.
V. 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, plastics, wood, vinyl, paint, chrome, upholstery and/or convertible tops.
VI. DISCLAIMERS. THE FOREGOING IS THE COMPLETE LIMITED WARRANTY FOR 1ST CLASS COLLISION CENTER INC. REPAIRS AND SUPERSEDES ALL OTHER WARRANTIES AND REPRESENTATIONS, WHETHER ORAL OR WRITTEN. EXCEPT AS EXPRESSLY SET FORTH ABOVE, NO OTHER WARRANTIES ARE MADE WITHT THE RESPECT TO 1ST CLASS COLLISION CENTER INC. REPAIRS, AND 1ST CLASS COLLISION CENTER INC. 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 TERM OF THIS LIMITED WARRANTY. IN NO EVENT, WILL 1ST CLASS COLLISION CENTER INC. BE LIABLE TO THE COSTUMER, OR TO ANY USER OR PASSENGER OF THE VEHICLE DESCRIBED IN THIS AGREEMENT, FOR ANY DAMAGES, EXPENSES, LOST REVENUES, LOST SAVINGS OR ANY OTHER SPECIA, INDIRECT INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMGES OF ANY KIND OR NATURE WHATSOEVER, EVEN IF 1ST CLASS COLLISION CENTER INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMGES. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AAN IMPLIED WARRANTY LAST AND/OR DO NOT ALLOW THE EXCLUSION OR LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. CONSEQUENTIAL, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY ALL COSTUMERS, TO THE EXTENT THAT ANY PART OF THIS LIMITED WARRANTY IS IN CONFLICT WITH APPLICABLE LAW, 1ST CLASS COLLISION CENTER INC. WILL FOLLOW APPLICABLE LAW.
VII. 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 1st Class Collision Center lnc. 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 beheld 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 1st Class Collision Center Inc. and Customer.