Terms and Conditions of Services

TERMS AND CONDITIONS OF SERVICES

These Terms, together with the Limited Warranty available herein at (“Limited Warranty”), and the conditions, rules and policies set forth herein and or referred to or linked herein, all of which are incorporated herein by reference, collectively form the “Agreement”. This Agreement is a legally binding document between Built Not Bought Motorsports Inc. (incorporated in the Canada, hereinafter referred to as “BNB,” “we” or “us”) and you (“you”).

BNB accepts vehicles in order to provide Services. Services include, but are not limited to, repairs, inspection, diagnostics, estimating repairs, storage, garaging or pending sale or for any other purpose. Services are governed by and subject to the Terms.

As a condition to our Services, you agree to treat BNB, its technicians and employees courteously and lawfully, to adhere to and maintain a safe and appropriate working environment in compliance with all applicable laws and regulations, and to cooperate in order to enable BNB, its technicians and employees to complete the Services.

By using BNB’s Services, you agree to be bound by the Terms set forth in this Agreement. If you do not agree with the Terms, you may not use BNB’s Services. This Agreement supersedes any prior agreements or arrangements with you and the contents or information you read or have access to at other places, such as our website, emails, or applications. We reserve the right to terminate this Agreement or any Services with respect to you, or to cease offering or deny Services or any portion thereof at any time and for any reason or no reason.

By using the Services, you represent and warrant that you are a legal adult and that you have the right, authority, and capacity to enter into this Agreement and to abide by the Terms. If you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have the authority to act on behalf of that entity and to bind that entity to this Agreement. The Services are not available to anyone who does not comply or that does not have proper authority as stated herein.

Communications:

By agreeing to this Agreement, you consent to receiving communications from us through various channels such as email, texts, message, and calls, to the phone number you provided to us. You acknowledge that some of these communications may be generated by automatic dialing systems and or may deliver pre-recorded messages, and that they may include updates, promotions, operational communications, and news about our Services. We may send you confirmation and transactional emails, as well as promotional emails, which you can unsubscribe from at any time.

Estimates, Orders, and Deposits:

Estimates for Services are valid for 10 days from the date given. If instructions are not received from you, in response to the estimate rendered, within 10 days, we may invoice for storage charges from the date the vehicle was received until its collection. We do not, as a general rule make such charge for garaging pending instructions, if the repairs are ultimately carried out by us and paid for.

All estimates for Services by us are subject to change caused by variations to our costs of labour, material and parts at the date of estimate. In the event of any variation occurs before or after acceptance of the estimate we may think fit to require you to pay on completion of Services any increase due to such variation.

If no estimate for Services is provided or if part only of the work covered by the estimate is carried out, we shall be entitled to charge a reasonable price for the Services done, including without limitation any stripping down leading to determination as to the practicability or otherwise of any work and reassembly, and for materials and parts supplied.

We may refuse to carry out all, or part of any work for any reason whether or not an estimate has been provided. Variations to the estimate, the scope of the repair or work, the prices chargeable shall be subject to all these terms, and so that any such variation shall not be deemed to constitute or create a new or separate contract. Orders received for Services, from any person employed by you or by any person who is reasonably believed to be acting as your agent shall be binding upon you.

Quoted estimates assume Services performed during normal working hours. Any Services performed by us outside normal working hours will be charged at standard overtime rates in effect at the time such Services are provided.

We may demand a deposit before commencing any Services. You shall co-operate with BNB in all matters relating to the Services.

Authorization:

You hereby authorize us and our employees to carry out the Services described in the estimate and to purchase on your account any parts and materials necessary to carry out the Services subject to the estimate, if applicable, or an estimate which you may later approve, whether in writing, orally or by electronic communication.

You hereby authorize us and our employees to operate your vehicle in connection with the Services, including operation for the purposes of testing, inspection or delivery.

You are strongly advised to remove all items of value not connected with the vehicle when leaving it on BNB’s premises. We cannot accept liability for any loss or damage to such.

YOU HEREBY RELEASE AND FOREVER DISCHARGE BNB AND EACH OF OUR EMPLOYEES FROM ANY LOSSES YOU MAY SUFFER RELATING TO DAMAGE TO OR LOSS OF YOUR VEHICLE AND/OR ANY ITEMS CONTAINED THEREIN THAT ARE CAUSED BY CIRCUMSTANCES BEYOND OUR CONTROL.

You acknowledge that, upon the completion of the Services authorized hereby, we will have a lien pursuant to applicable repair and storage lien legislation and that we may register that lien and seize, at our discretion and at your sole cost and expense the vehicle for non-payment of any invoice issued for such Services.

Replacement Parts:

If you would like to receive the replaced vehicle parts upon completion, please email us at info@bnbgarage.ca, and, if applicable, you will be charged the core price for the replacement part and you will be responsible for proper disposal of such parts in accordance with all applicable laws, regulations, and rules.

Payment Terms:

Payment may be made by credit card at the time of order. Cheques will not be accepted. Payment will be due upon completion of Services or invoice, unless otherwise agreed in writing and signed by BNB. Invoice charges may include any applicable federal, provincial, and local taxes. At the time you schedule our Services, we may require you to record your preferred payment method information and validate your payment information. You authorize the payment of the invoiced Services according to your preferred payment method information. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.

BNB reserves the right to charge at any time a monthly service charge of one and a half percent (1.5%) or the highest rate allowed by law, whichever is lower, on accounts that are not paid when due, effective as of the first day after the due date. Nothing contained herein shall be deemed to release you from your payment obligation. You will be liable to BNB for all costs incurred by BNB in its collection of any amounts owing by you which are not paid when due, including collection agencies’ and attorneys’ fees and expenses, regardless of whether a lawsuit is commenced.

You acknowledge that we will have a lien pursuant to applicable repair and storage lien legislation and that we may register that lien and seize, at our sole discretion and at your sole cost and expense, the vehicle for non-payment of any invoice issued for such Services and for storage charges during any period in which your vehicle is retained by virtue of the lien. If your indebtedness to us is not satisfied, we may at our sole discretion and without notice sell the vehicle and or the contents thereof by public auction or private treaty with the net proceeds of the sale being applied towards satisfying the indebtedness owed to us, and any balance thereafter be paid to you on demand.

Completion:

We endeavour to provide the Services by the estimated time; however, we shall not be liable for any delay in completing and or delivering the Services. Time shall not be of the essence in respect of this clause. Risk passes on delivery or where relevant on collection.

In the event any driver who, so far as BNB is aware has the authority to collect your vehicle and collects the same, we shall not be responsible to you for any loss of damage resulting, on the grounds that such driver had no such authority, and notwithstanding that delivery may have been made without payment of our Services. It shall not be obligatory upon us to seek confirmation of the authority of any person reasonably believed to be then or to have been at some time, connected with you.

If your vehicle is not collected, BNB may charge storage costs in respect of your vehicle from the date of completion of Services until collection or disposal, as the case may be.

If our performance of our obligations under the herein is prevented or delayed by any of your acts or omissions including your agents, subcontractors, consultants or employees, we shall not be liable or responsible for any costs, charges or losses sustained or incurred by you arising directly or indirectly from such prevention or delay.

You shall be liable to pay BNB, on demand, all reasonable costs, charges or losses sustained or incurred by us arising directly or indirectly from your negligence or failure to perform or delay in the performance of any of your obligations under the herein Terms.

BNB shall have no liability to you under the herein Terms if we are prevented from, or delayed in performing, our obligations under the Terms or from carrying on our business by acts, events, omissions, or accidents beyond our control, including, without limitation, strikes, lockouts, or other industrial disputes, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation, direction, accident, breakdown of plant machinery, fire, flood, storm or default of suppliers or subcontractors.

Limited Warranty:

Our Limited Warranty terms and conditions, available here, are incorporated into this Agreement by reference. BNB may amend the Limited Warranty from time to time by posting changes, and you agree that the posting of the changes shall constitute your consent to be bound by the amended terms of the Limited Warranty. Warranties applicable only when product is installed at BNB’s Services Centre, otherwise warranties may vary. Warranty not available for commercial use. Warranty starts on the completion date shown on your invoice.

BNB warrants those items set out on the invoice according to the applicable limited warranty terms set forth herein. The vehicle referred to is the one described on the invoice. Presentation of this document is required to validate the applicable limited warranty. There are no other warranties issued by BNB other than those set out herein.

TO THE FULLEST EXTENT ALLOWED BY LAW, THE LIMITED WARRANTIES AND REMEDIES SET FORTH ON THIS INVOICE ARE EXCLUSIVE AND IN LIEU OF AL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTIABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.

BNB will have no warranty obligation whatsoever on its Services with respect to any damage caused by or associated with: (i) external causes, including, without limitation, accident, vandalism, natural disaster, acts-of-God, power failure, or electric power surges; (ii) abuse, misuse, or neglect; (iii) usage not in accordance with instructions; (iv) failure to perform required preventive maintenance; or (v) servicing or repair not authorized by BNB. Any oral or written statement concerning the Services inconsistent with the limited warranty set forth herein will be of no force or effect.

UNDER NO CIRCUMSTANCES WILL BNB BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES. INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE, ANTICIPATED PROFITS OR BUSINESS (EVEN IF BNB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF ANY BREACH OF ANY AGREEMENT BETWEEN US OR ANY DUTY OWED TO YOU BY BNB.

With respect to the replacement of any part or Services covered by the herein limited warranties, BNB must have restored the entire system to which a warranted part(s) relates to its proper operating condition. If you do not authorize all of the work required to do so, including, without limitation the installation of other needed parts, you will receive non-installed and or non-warranted replacement part(s) as applicable.

The limited warranty furnished hereunder does not extend to damage to resulting in whole or in part from the use of parts and Services not furnished by BNB, or caused by improper use or installation. In addition, the limited warranty is conditioned upon proper storage, installation, use and maintenance of the vehicle in accordance with applicable recommendations of BNB.

You will be responsible for reimbursement and or payment of BNB’s travel and other expenses incurred in providing on-site warranty and out of warranty services. If your warranted part requires replacement under the terms of the applicable limited warranty, you must bring your vehicle and this document to BNB for Service of such.

Limitation of Actions:

Any actions or claims by you regarding the Services must be brought within twelve (12) months after the date of the performed Services. However, any billing disputes must be made within one (1) month of the invoice date or it will be deemed to be waived.

Indemnity:

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless BNB, including BNB’s officers, directors, agents, employees, successors, and assigns, from and against any claim, demand, cause of action, debt, liability, loss, fine, damage, or expense (including attorneys’ or legal fees, expenses, and court costs) (collectively, “Liabilities”) that relates to: (i) your modification of or addition to any Services or misuse or abuse of the serviced vehicle; (ii) your breach of this Agreement; (iii) your gross negligence or willful misconduct; or (iv) your failure to abide by all applicable laws, rules, regulations, and orders that affect the Services.

You will not make any warranties or representations or assume any obligations on the BNB’s behalf. You will not claim to be a legal representative, partner, agent, or employee of BNB. Each party is responsible for the direction and compensation, and is liable for the actions of its employees and agents.

Headings:

The section headings used herein are for convenience of reference only and do not form a part of this Agreement, and no construction or inference will be derived therefrom.

Governing Law and Venue:

This Agreement, and any claim, or dispute between you and BNB arising from or relating to this Agreement, its interpretation, or breach, termination, or validity thereof, will be governed by and construed in accordance with the laws of the Province of Ontario, without regard to conflicts-of-law rules. Any and all disputes arising under this Agreement will be dealt with under the exclusive jurisdiction and exclusive venue of the provincial courts located in the City of Hamilton, Ontario, to the exclusion of all other courts. Each party expressly agrees to submit to the jurisdiction of such courts.

Validity:

If any provision of this Agreement is held to be invalid or unenforceable in any respect, the remaining terms of this Agreement will remain in full force and effect as if such invalid or unenforceable provision had not been included herein.

Supplemental Terms.

On custom orders and certain special orders, additional terms and conditions may apply. Such terms and conditions, if applicable, will be set forth in BNB’s Quotation for Services and will be deemed a part of this Agreement.

Modification and Waiver:

We reserve the right to amend this Agreement from time to time. Such amendments will be effective upon posting of such updated Terms. Your continued use of our Services after such posting constitutes your consent to be bound by the Agreement, as amended.

No additions, conditions, amendments, alterations, or modifications by you or any of your agents, whether oral or contained in any other documents submitted by you to us, will be binding on BNB, regardless of BNB’s failure to object or BNB’s provision of Services, unless otherwise agreed to in writing and signed by BNB.

Except as otherwise provided in this Agreement, no purported amendment or modification of any provision hereof will be binding unless set forth in writing and signed by us. No waiver of any provision hereof will be effective unless in writing and signed by us as the stipulated waiving party. Any waiver will be limited to the circumstance or event specifically referenced in the written waiver document and will not be deemed a waiver of any other term of this Agreement or of the same circumstance or event upon any recurrence thereof. The failure of either party to enforce any provision of this Agreement at any time will not be construed to be a waiver of such provision nor of the right of such party thereafter to enforce such provision.

THIS AGREEMENT WILL APPLY UNLESS YOU HAVE A SEPARATE WRITTEN AGREEMENT WITH BNB THAT EXPRESSLY REPLACES THIS AGREEMENT.

Miscellaneous:

If the work or parts listed on this invoice were performed by BNB shop located in Ontario, the Consumer Protection Act, 2002 provides you with rights in relation to having a motor vehicle repaired. Among other things, you have a right to a written estimate. A repairer may not charge an amount that is more than ten (10) per cent above that estimate. If you have waived your right to an estimate, the repairer must have your authorization of the maximum amount that you will pay for the repairs. The repairer may not charge more than the maximum amount you authorized. In either case, the repairer may not charge for any work you did not authorize.

If you have concerns about the work or repairs performed by the repairer or about your rights or duties under the Consumer Protection Act, 2002, you should contact the Ministry of Consumer and Business Services.

Questions: If you have any questions regarding this Agreement or any of the Terms, please contact us at info@bnbgarage.ca