COMPREHENSIVE TERMS OF SERVICE & REPAIR AGREEMENT
Effective Date: SEPTEMBER 30, 2026
Business Name: Hellbent Service & Repair
These Terms of Service & Repair (“Terms”) govern all diagnostic, maintenance, mobile, roadside, transportation, inspection, parts procurement, and repair services provided by Hellbent Service & Repair (“Hellbent,” “we,” “us,” or “our”).
By requesting service, submitting a vehicle for inspection or repair, approving an estimate, electronically signing a work authorization, authorizing payment, or accepting delivery of a completed vehicle, the customer (“Customer,” “you,” or “your”) agrees to these Terms.
If the Customer is not the registered owner of the vehicle, the Customer represents and warrants that they are authorized by the vehicle owner to request services, authorize repairs, receive communications, and incur charges on the owner's behalf.
These Terms apply together with the applicable estimate, work order, supplemental authorization, invoice, warranty statement, and other documents specifically incorporated into the transaction.
1. SERVICES PROVIDED
Hellbent Service & Repair may provide, as applicable:
General automotive maintenance and repair;
Preventive maintenance;
Computer diagnostics;
Electrical diagnostics and repair;
Mechanical diagnostics and repair;
Inspection and testing;
Parts procurement and installation;
Performance modifications and upgrades;
Roadside assistance;
Vehicle lockout services;
Mobile repair;
In-shop repair;
Vehicle pickup and drop-off;
Towing or transportation coordination;
Sublet services;
Programming, flashing, calibration, and specialty services;
Vehicle inspections;
Battery and charging-system services; and
Other automotive services agreed upon by Hellbent and the Customer.
The specific services authorized for a particular vehicle will be identified on the applicable estimate, work order, or invoice.
Hellbent does not guarantee that every requested repair, modification, diagnostic procedure, or service can be completed.
2. CUSTOMER AUTHORITY AND VEHICLE OWNERSHIP
The Customer represents that:
They are the registered owner of the vehicle; or
They are an authorized agent of the registered owner and have authority to authorize inspection, diagnosis, repair, transportation, and related services.
The Customer is responsible for providing accurate vehicle information, including, when applicable:
Year;
Make;
Model;
VIN;
Mileage;
License plate information;
Vehicle symptoms;
Known mechanical or electrical problems;
Known modifications;
Prior repair information; and
Other information reasonably necessary to perform the requested services.
Hellbent is not responsible for diagnostic or repair complications caused by materially inaccurate or incomplete information supplied by the Customer.
3. ESTIMATES AND WRITTEN AUTHORIZATION
3.1 Written Estimate
Hellbent will provide a written estimate identifying the proposed services, anticipated parts, labor, diagnostic charges, and other reasonably anticipated charges.
The estimate is based on information reasonably available at the time it is prepared.
An estimate is not authorization to perform work until the Customer has approved it.
Customers are encouraged to review the written estimate and ask questions concerning the proposed repairs, parts, labor, diagnostic charges, and other fees before authorizing work.
3.2 Electronic Authorization
Hellbent uses electronic authorization through its shop-management system, Tekmetric.
Authorization may be completed:
Through an electronic link sent to the Customer's mobile device or email;
In person using Hellbent's shop tablet; or
Through another electronic method approved by Hellbent.
Electronic authorization is required before repair work begins, parts are ordered, or payment is processed, except where a different procedure is expressly authorized by Hellbent or required by the circumstances.
Arizona law provides that electronic records, signatures, and contracts cannot be denied legal effect solely because they are electronic. A.R.S. § 44-7007. Arizona Legislature
3.3 Verbal Authorization
Verbal discussions, telephone conversations, recommendations, or preliminary estimates do not by themselves constitute authorization for additional repair work unless Hellbent expressly accepts that authorization through an approved process.
4. DIAGNOSTIC SERVICES
Diagnostic services are separate services unless specifically included in a repair estimate.
A diagnostic charge may apply when Hellbent performs:
Computer scanning;
Electrical testing;
Mechanical testing;
System testing;
Road testing;
Inspection;
Troubleshooting;
Component testing;
Circuit testing;
Data analysis;
Intermittent-failure diagnosis; or
Other diagnostic procedures.
A diagnostic service does not guarantee that a repair will be authorized or performed.
The Customer remains responsible for authorized diagnostic charges even if:
The Customer declines the recommended repair;
The vehicle is deemed uneconomical to repair;
A repair is not performed;
The cause of a problem cannot be conclusively identified; or
The Customer chooses another repair facility after diagnosis.
Unless otherwise stated, diagnostic charges compensate Hellbent for the time, equipment, testing, and expertise used to investigate the reported concern and are not automatically credited toward future repairs.
5. ADDITIONAL DIAGNOSTICS, TEARDOWN, AND SUPPLEMENTAL WORK
Automotive problems may not be fully identifiable until components are inspected, removed, disassembled, tested, or diagnosed further.
If Hellbent discovers:
Concealed damage;
Additional failed components;
Additional labor requirements;
Corrosion;
Seized hardware;
Prior improper repairs;
Additional diagnostic requirements;
Safety-related conditions; or
Other conditions not reasonably apparent when the original estimate was prepared,
Hellbent will provide a supplemental estimate or authorization request when additional customer-paid work is required.
Additional work will not intentionally be performed beyond the authorized amount without additional authorization, except as otherwise permitted by law or expressly authorized by the Customer.
If the Customer declines supplemental work, Hellbent may return the vehicle in its existing condition, subject to applicable diagnostic, labor, parts, storage, transportation, or other authorized charges.
6. DISCOUNTS AND PROMOTIONS
Hellbent may offer promotional, community, seasonal, veteran, student, tribal, senior, or other discounts. Proof of eligibility may be requested.
Unless expressly stated otherwise:
Discounts apply to labor charges only;
Discounts do not apply to parts, taxes, shop supplies, diagnostic charges, transportation, towing, sublet services, or third-party charges;
Discounts cannot be combined with other discounts or promotions; and
Only one promotional discount may be applied to a transaction unless Hellbent expressly approves otherwise.
Any discount must appear on the applicable estimate or invoice to be valid.
Hellbent may change or discontinue promotional discounts prospectively.
7. PARTS PROCUREMENT, SUBLET SERVICES, AND TRANSPORTATION
7.1 Parts Ordered for Customer Vehicle
Parts may be ordered specifically for the Customer's vehicle based on VIN, application, specifications, measurements, or the authorized repair.
Unless otherwise agreed in writing:
100% of the estimated parts cost and applicable special-order freight must be paid before Hellbent orders the parts.
7.2 Roadside Assistance — Service, Show-Up, Diagnostic & Parts-Run Fees
Roadside service includes a dispatch & initial diagnosis fee for sending a technician to the requested location and providing on-site assistance. The fee includes the technician's first 30 minutes of diagnostic inspection or troubleshooting at the service location. This fee is required once the technician has been dispatched and arrives at the service location, regardless of whether the customer ultimately chooses to proceed with the recommended repair.
The service/show-up fee remains due if the customer changes their mind, declines the repair, is unable to proceed, or otherwise chooses not to authorize additional work after the technician has arrived.
If diagnostic testing, inspection, or troubleshooting continues beyond the first 30 minutes included with the service/show-up fee, additional applicable diagnostic or labor charges will apply. These charges are due for the diagnostic work performed regardless of whether the customer ultimately authorizes the recommended repair.
If Hellbent Service & Repair must make a parts run to obtain parts or materials needed for an authorized or requested repair, an applicable mileage or parts-run charge will apply. That charge remains due even if the customer later changes their mind, declines the repair, or chooses not to proceed after the parts run has been completed.
Any parts obtained, ordered, or specially sourced for the vehicle will be handled according to the Cancellations, Returns, & Restocking Terms contained in these Terms & Conditions, including any applicable upfront payment, return, restocking, freight, or non-returnable parts provisions. Parts charges and parts-run mileage charges are separate from the roadside service/show-up fee and any applicable additional diagnostic or labor charges.
The customer will be informed of applicable roadside service, diagnostic, parts-run, and other charges before additional work begins when reasonably practicable.
By requesting roadside assistance, the customer acknowledges that the service/show-up fee covers the dispatch, arrival, on-site service, and first 30 minutes of diagnostic inspection, and that additional charges may apply for diagnostic time beyond the included 30 minutes, parts procurement, parts runs, labor, transportation, towing, or other authorized services.
7.3 Sublet Services and Third-Party Services
Certain repairs may require services from outside vendors or specialty providers, including:
Machine shops;
Alignment shops;
Programming services;
Specialized electrical services;
Glass providers;
Tire providers;
Welding or fabrication;
Towing companies;
Specialty diagnostic providers;
Calibration services;
Automotive locksmiths; or
Other specialty vendors.
Where payment is required in advance, the Customer must pay the estimated or quoted third-party charge before Hellbent commits to the service.
Hellbent may coordinate or arrange sublet services on the Customer's behalf.
Third-party warranties, limitations, scheduling, workmanship, and claim procedures may apply to sublet services.
7.3 Transportation and Towing
Where Hellbent provides or arranges vehicle transportation or towing, the Customer is responsible for the applicable transportation or towing charge.
If the charge must be paid before the service is performed, the Customer must pay the estimated or quoted amount before Hellbent commits to the transportation provider.
7.4 Repair Workflow
The standard repair workflow is:
Electronic Authorization → Applicable Upfront Payment → Parts/Sublet/Transportation Procurement → Repair Work → Final Inspection → Final Invoice
The exact workflow may vary depending on the type of service.
8. PAYMENT TERMS
8.1 Remaining Balance
Unless otherwise agreed in writing, remaining charges are due when the authorized work is completed.
Remaining charges may include:
Labor;
Diagnostic services;
Approved supplemental work;
Shop supplies;
Applicable taxes;
Sublet services;
Transportation;
Towing;
Storage;
Disposal or environmental charges;
Core charges;
Additional authorized parts; and
Other authorized charges.
8.2 Payment Methods and Third-Party Financing
Hellbent Service & Repair accepts payment by cash, debit card, major credit cards, approved financing, and other payment methods approved by Hellbent.
Hellbent may offer financing or buy-now-pay-later options through third-party providers, including Affirm, Klarna, Sunbit, or other financing providers.
When you choose third-party financing, your financing agreement is between you and the financing provider. Hellbent is not the lender or financing company and does not control the provider's approval decisions, interest rates, fees, payment schedules, account balances, or other financing terms.
You are responsible for complying with the terms of your separate financing agreement, including making payments directly to the financing provider when required.
Any questions or disputes concerning your financing account—including approval or denial, interest, fees, payment amounts, payment schedules, account balances, late payments, or collection activity—must be addressed directly with the applicable financing provider.
Hellbent is responsible for the repair transaction and charges shown on your Hellbent estimate, authorization, and invoice. A dispute with a financing provider does not automatically cancel or reduce amounts you owe Hellbent for authorized services, parts, labor, diagnostics, transportation, storage, or other charges, except where otherwise required by law or agreed to by Hellbent in writing.
If a financing provider delays, declines, reverses, withholds, or otherwise fails to pay Hellbent, you may remain responsible for any unpaid amount legally owed to Hellbent.
Hellbent may provide reasonable transaction information or documentation to a financing provider when necessary to process a financing transaction or resolve a payment-processing issue. However, Hellbent does not manage, service, or control your financing account.
Nothing in these Terms changes or replaces the separate agreement between you and the financing provider.
8.3 Returned Payments
A returned check or otherwise dishonored payment may result in a $35 administrative fee, plus bank or payment-processing fees actually incurred, to the extent permitted by law.
8.4 Late Balances
Unpaid balances may accrue interest at the rate stated in the applicable written agreement, subject to applicable law.
If no different lawful rate is agreed in writing, applicable Arizona law governs the rate of interest. A.R.S. § 44-1201.
To the extent permitted by law, Customer may also be responsible for reasonable collection costs and attorney's fees incurred in collecting an unpaid balance.
9. CANCELLATIONS, RETURNS, AND RESTOCKING
9.1 Cancellation Before Parts Are Ordered
If the Customer cancels before Hellbent orders parts or commits to third-party services, the Customer will generally be responsible only for charges already incurred or authorized, including applicable diagnostic, inspection, labor, transportation, or other charges.
9.2 Cancellation After Parts Are Ordered
If the Customer cancels after parts have been ordered, the Customer remains responsible for charges Hellbent has incurred and cannot reasonably recover, including:
Vendor cancellation charges;
Restocking fees;
Outbound freight;
Return freight;
Return shipping;
Special-order charges;
Sublet cancellation charges;
Transportation or towing charges; and
Other non-refundable third-party charges.
Vendor restocking policies vary.
9.3 Non-Returnable Parts
Custom, programmed, flashed, electrical, special-order, used, opened, installed, or otherwise designated non-returnable parts may not be refundable.
Hellbent will apply vendor return policies where applicable.
10. CORE CHARGES AND REMOVED PARTS
Certain parts may carry refundable or non-refundable core charges.
Examples may include:
Alternators;
Starters;
Brake calipers;
Batteries;
Steering components;
Turbochargers;
Engines;
Transmissions; and
Other rebuildable components.
Where applicable, the Customer may be responsible for a core charge if the required core is not available, is damaged beyond the supplier's acceptance criteria, or is otherwise not eligible for credit.
Unless otherwise agreed, removed parts may become the property of Hellbent or the applicable parts supplier when the Customer has authorized disposal, exchange, recycling, or core return.
If the Customer wants to retain removed parts, the Customer must request them before the repair is completed. Additional charges may apply for storage, handling, or return of cores.
11. SHOP SUPPLIES, ENVIRONMENTAL, AND DISPOSAL CHARGES
Reasonable shop-supply, environmental, disposal, recycling, hazardous-material handling, or similar charges may apply when permitted by law and disclosed on the applicable estimate or invoice.
These charges may relate to:
Cleaning materials;
Lubricants;
Shop consumables;
Absorbent materials;
Disposal of used fluids;
Recycling;
Hazardous-material handling;
Waste processing; and
Other consumable materials reasonably required to perform the service.
Any applicable charge will be identified on the estimate or invoice to the extent reasonably practicable.
12. VEHICLE PICKUP, DROP-OFF, TOWING, AND TRANSPORTATION
At the Customer's request and subject to availability, Hellbent may provide or arrange:
Vehicle pickup;
Vehicle drop-off;
Towing;
Transportation;
Roadside transportation; or
Delivery services.
Transportation charges may vary based on:
Distance;
Vehicle size;
Vehicle condition;
Accessibility;
Location;
Required equipment;
Road conditions;
Weather;
Time of service; and
Other circumstances affecting transportation.
The Customer must disclose known conditions that may affect transportation, including:
Inoperable brakes;
Steering problems;
Flat or damaged tires;
Suspension problems;
Severe mechanical damage;
Hazardous leaks;
Low clearance;
Non-running condition; or
Other known hazards.
When a third-party towing or transportation provider is used, that provider may have separate terms, fees, insurance, and liability limitations.
13. TEST DRIVES AND VEHICLE OPERATION
The Customer authorizes Hellbent employees or authorized service providers to operate the vehicle when reasonably necessary for:
Diagnosis;
Testing;
Verification of repairs;
Road testing;
Inspection;
Transportation within the facility;
Moving the vehicle for safety;
Loading or unloading; or
Other legitimate service-related purposes.
Road testing will be performed only when reasonably necessary and when conditions permit safe operation.
Hellbent may refuse to road-test a vehicle that it reasonably determines is unsafe to operate.
The Customer acknowledges that road testing may involve normal driving conditions and that certain intermittent conditions may not reproduce during a test drive.
14. KEYS, REMOTES, AND ACCESS DEVICES
The Customer is responsible for providing Hellbent with the keys, key fobs, remotes, access codes, or other devices reasonably necessary to access and operate the vehicle.
The Customer should provide only the keys and access devices necessary for the requested service.
The Customer should not leave unnecessary valuables attached to keys, key rings, or remotes.
If a key, remote, or access device is lost or damaged while in Hellbent's custody, responsibility will be determined based on the circumstances and applicable law.
15. VEHICLE CONDITION AND PRE-EXISTING DAMAGE
The Customer acknowledges that vehicles may contain pre-existing:
Scratches;
Dents;
Paint damage;
Cracked glass;
Interior damage;
Mechanical failures;
Electrical problems;
Corrosion;
Rust;
Worn components;
Modified systems; or
Other conditions.
Hellbent may document the vehicle's condition through written notes, photographs, video, inspection reports, or other records. The Customer should notify Hellbent of any existing damage or condition that the Customer wants documented before work begins.
Hellbent is not responsible for pre-existing damage or defects that were not caused by Hellbent, subject to applicable law.
16. CUSTOMER-SUPPLIED PARTS
Hellbent may, at its discretion, install Customer-supplied parts.
Customer-supplied parts may be subject to:
Additional inspection;
Additional labor;
Delays;
Compatibility problems;
Manufacturer limitations;
No Hellbent parts warranty; and
Additional charges if the part is defective, incomplete, damaged, incorrect, or unsuitable.
Hellbent may refuse to install a part that it reasonably determines is:
Unsafe;
Defective;
Counterfeit;
Damaged;
Incompatible;
Incorrect;
Incomplete; or
Unsuitable for the requested application.
If a Customer-supplied part fails, Hellbent is not responsible for the cost of the replacement part unless otherwise agreed in writing.
17. DECLINED REPAIRS AND SAFETY RECOMMENDATIONS
Hellbent may identify additional repairs or safety concerns during diagnosis or service. If the Customer declines a recommended repair, Hellbent may document the declined repair on the work order.
The Customer acknowledges that declining recommended work may leave the vehicle:
Unsafe;
Unreliable;
Non-operational;
Non-compliant;
Subject to additional damage; or
Unsuitable for continued operation.
Hellbent may refuse to release or operate a vehicle when doing so would violate applicable law or create an unreasonable safety hazard. Except as otherwise required by law, Hellbent is not responsible for subsequent damage or failure caused by a condition the Customer knowingly declined to repair.
18. MOBILE REPAIR
Mobile repair is subject to location-specific limitations.
The Customer must provide a reasonably safe and accessible work area.
Mobile service may be refused, postponed, or relocated due to:
Traffic;
Weather;
Unsafe roadside conditions;
Unlevel ground;
Poor lighting;
Lack of workspace;
Hazardous materials;
Fire hazards;
Electrical hazards;
Animals;
Security concerns;
Inadequate access;
Local restrictions; or
Other unsafe conditions.
Mobile repair may not provide the same equipment, workspace, lifting capability, environmental control, or diagnostic capability available at an established repair facility.
If a repair cannot safely or properly be completed through mobile service, Hellbent may require the vehicle to be transported to an appropriate facility.
19. ROADSIDE ASSISTANCE AND LOCKOUT SERVICES
Roadside assistance and lockout services are limited to the services specifically authorized.
Roadside services may include, depending on availability:
Jump starts;
Battery assistance;
Tire assistance;
Minor roadside repairs;
Diagnostic assistance;
Fuel-related assistance;
Lockout assistance; and
Transportation coordination.
Hellbent does not guarantee that a vehicle can be safely repaired or returned to operation at the roadside.
If roadside repair cannot safely or reasonably be completed, the Customer may be responsible for towing or transportation to another location.
For lockout services, the Customer represents that they are authorized to access the vehicle.
Hellbent may request reasonable proof of ownership or authorization before performing a lockout service.
20. CUSTOMER SAFETY RESPONSIBILITIES
The Customer agrees to disclose known hazards, including:
Brake failures;
Steering problems;
Tire failures;
Fluid leaks;
Electrical hazards;
Fire hazards;
Structural damage;
Hazardous materials;
Unsafe modifications;
Dangerous animals; and
Other known conditions that could affect safe service.
The Customer must follow reasonable safety instructions provided by Hellbent.
The Customer is responsible for securing pets and animals before mobile service personnel arrive.
Hellbent may refuse service if an animal or other hazard creates an unreasonable risk.
Nothing in these Terms releases Hellbent from liability that cannot legally be waived.
21. PERSONAL PROPERTY
Customers should remove all valuables and personal property from the vehicle before service.
This includes, without limitation:
Cash;
Jewelry;
Firearms;
Medication;
Electronics;
Tools;
Documents;
Business equipment;
Personal identification;
Computers;
Phones; and
Other valuables.
To the extent permitted by law, Hellbent is not responsible for loss or damage to personal property left inside a vehicle unless caused by Hellbent's legally actionable conduct.
22. INSURANCE, WEATHER, THEFT, AND OUTSIDE EVENTS
The Customer is responsible for maintaining any vehicle insurance required by law and any additional coverage the Customer desires.
To the extent permitted by law, Hellbent is not responsible for loss or damage caused solely by circumstances outside Hellbent's reasonable control, including:
Weather;
Hail;
Flooding;
Fire;
Theft;
Vandalism;
Animals;
Falling objects;
Acts of nature; or
Third-party conduct.
This provision does not exclude liability for damage caused by Hellbent's negligence, intentional misconduct, or other liability that cannot legally be excluded.
23. WARRANTIES
23.1 Parts Warranty
Unless otherwise stated on the estimate or final invoice, replacement parts are covered only by the warranty provided by the manufacturer, distributor, or supplier.
Manufacturer warranty terms, mileage limitations, time limitations, exclusions, and claim procedures may apply.
23.2 Labor and Workmanship Warranty
Any Hellbent labor or workmanship warranty will be stated on the applicable estimate, final invoice, or separate warranty document.
If no Hellbent labor warranty is expressly stated, no separate Hellbent labor warranty is created solely by these Terms.
23.3 Warranty Claims
Customer must promptly notify Hellbent of any suspected warranty issue. Hellbent may require the vehicle to be returned for inspection before approving a warranty claim.
Warranty coverage may be affected by:
Continued operation after a known failure;
Abuse;
Misuse;
Racing;
Off-road use;
Lack of maintenance;
Unauthorized modifications;
Customer-supplied parts;
Repairs by another party;
Normal wear and tear; or
Other conditions identified in the applicable warranty.
Nothing in these Terms is intended to waive any warranty or legal right that cannot lawfully be waived.
24. DIAGNOSTIC AND REPAIR LIMITATIONS
Automotive diagnostics cannot guarantee that every existing or future problem will be identified. A vehicle may contain multiple unrelated or interconnected problems.
Diagnostic limitations may result from:
Intermittent failures;
Prior improper repairs;
Aftermarket modifications;
Corrosion;
Hidden damage;
Inaccessible components;
Electronic communication problems;
Incomplete vehicle history;
Customer-supplied information that is incomplete or inaccurate; or
Conditions that cannot be reproduced during testing.
A successful repair of one reported problem does not guarantee that all vehicle problems have been corrected.
25. VEHICLE MODIFICATIONS AND PERFORMANCE SERVICES
Performance upgrades and modifications may alter the vehicle's:
Performance;
Reliability;
Fuel economy;
Emissions characteristics;
Noise;
Handling;
Safety characteristics; or
Manufacturer warranty coverage.
The Customer is responsible for identifying the intended use of the vehicle and disclosing applicable requirements.
Hellbent may refuse modifications that it reasonably determines would violate applicable law, create an unreasonable safety hazard, or require procedures outside the shop's capabilities.
The Customer is responsible for lawful operation of a modified vehicle after it leaves Hellbent's custody.
26. EMISSIONS, SAFETY, AND LEGAL COMPLIANCE
Hellbent may refuse to perform a requested repair or modification if the requested work would violate applicable federal, Arizona, Navajo Nation, county, municipal, emissions, environmental, or safety requirements.
Hellbent may also refuse to test, road-test, release, or operate a vehicle when the vehicle presents an unreasonable safety hazard or when doing so would violate applicable law.
The Customer is responsible for the lawful registration, operation, maintenance, and use of the vehicle after it leaves Hellbent's custody.
Hellbent is not responsible for fines, citations, penalties, or compliance issues caused by:
Customer modifications;
Pre-existing conditions;
Declined repairs;
Unauthorized modifications;
Continued operation of an unsafe vehicle; or
Other circumstances outside Hellbent's control.
Nothing in this section authorizes Hellbent to perform work that is prohibited by applicable law.
27. VEHICLE STORAGE, MECHANIC'S LIEN, AND UNCLAIMED VEHICLES
27.1 Storage Charges
Hellbent may charge reasonable storage fees when a vehicle remains in Hellbent's possession after the Customer has been notified that the vehicle is ready for pickup, or when the vehicle remains at the facility because of a Customer-controlled delay, including waiting for:
Customer authorization or instructions;
Payment;
Parts or information required from the Customer;
Transportation arranged by the Customer;
Insurance information or authorization; or
Other circumstances within the Customer's control.
Unless a different storage rate is stated on the applicable estimate, work order, invoice, or other written agreement, Hellbent's standard storage rate is:
$5.00 per calendar day beginning on the sixth (6th) business day after notice that the vehicle is ready for pickup, subject to applicable law.
27.2 Mechanic's Lien and Right to Retain Vehicle
To the extent provided by Arizona law, Hellbent may have a possessory lien against a motor vehicle and parts or accessories placed on the vehicle for qualifying labor, materials, supplies, and storage charges when the amount of the charges is agreed to by the proprietor and owner.
A.R.S. § 33-1022 provides a garage or repair/service-station proprietor with a lien on qualifying motor vehicles for labor, materials, supplies, and storage when the amount of the charges is agreed to by the proprietor and owner. Arizona Legislature
To the extent permitted by law, Hellbent may retain possession of the vehicle while qualifying charges remain unpaid.
The existence or enforcement of any lien remains subject to applicable statutory requirements and does not eliminate the rights of any prior or other lienholder recognized by law.
27.3 Unclaimed Vehicles, Lien Sale, and Abandoned-Vehicle Procedures
If a vehicle remains in Hellbent's possession after charges have accrued and remain unpaid, Hellbent may pursue any remedy available under applicable law, including applicable lien-enforcement or abandoned-vehicle procedures.
Arizona law provides a statutory process for the sale of certain personal property subject to a lien. A.R.S. § 33-1023 establishes notice and sale requirements that may apply when the statutory conditions are met. Arizona Legislature
Arizona also provides a separate statutory procedure for vehicles left at commercial repair facilities. Under A.R.S. § 28-4840, a vehicle left at a commercial repair facility for more than ten days after the required certified notice to pick up the vehicle is mailed may be deemed abandoned, subject to the statute and its reporting and disposition requirements. The statute expressly provides that this procedure does not impair a garage or repair-station lien under A.R.S. § 33-1022. Arizona Legislature
Hellbent will use the procedure applicable to the particular circumstances and will comply with legally required notices, reporting requirements, waiting periods, and disposition procedures.
Nothing in these Terms creates an independent right to sell, transfer, or dispose of a vehicle outside procedures permitted by applicable law.
27.4 Customer Responsibility for Prompt Pickup
The Customer agrees to promptly retrieve the vehicle after receiving notice that it is ready for pickup or that Hellbent requires the vehicle to be removed.
The Customer is responsible for maintaining current contact information and responding to reasonable requests concerning pickup, payment, authorization, or transportation.
Failure to respond may result in additional lawful storage charges and may result in Hellbent pursuing remedies available under applicable law.
28. VEHICLE PICKUP REQUIREMENTS
Before releasing a vehicle, Hellbent may require:
Jump starts;
Battery assistance;
Tire assistance;
Minor roadside repairs;
Diagnostic assistance;
Fuel-related assistance;
Lockout assistance; and
Transportation coordination.
Payment of all amounts due;
Verification of the Customer's identity;
Verification that the Customer is authorized to receive the vehicle;
Resolution of any applicable lien or hold;
Return of loaned equipment or keys; and
Completion of required paperwork.
If a third party is picking up the vehicle, the Customer may be required to provide advance authorization.
Hellbent may require reasonable identification before releasing a vehicle.
29. COMMUNICATIONS AND CUSTOMER CONTACT INFORMATION
The Customer authorizes Hellbent to use the contact information provided by the Customer for transaction-related communications, including:
Estimates;
Authorization requests;
Supplemental estimates;
Repair updates;
Parts updates;
Payment notices;
Completion notices;
Pickup reminders;
Storage notices;
Warranty communications; and
Other communications directly related to the Customer's transaction.
Communication methods may include:
Telephone;
Voicemail;
SMS/text messaging;
Email; and
Electronic shop-management notifications.
The Customer is responsible for providing accurate and current contact information.
Failure to update contact information may result in delays, storage charges, or other consequences permitted by the applicable agreement and law.
30. CUSTOMER'S DUTY TO REVIEW ESTIMATES AND INVOICES
The Customer is responsible for reviewing estimates, supplemental authorizations, and invoices.
The Customer should notify Hellbent promptly of any apparent error or discrepancy.
Customer approval of an estimate confirms authorization for the specific services and charges identified in that estimate, subject to any supplemental authorization.
Hellbent will not intentionally charge the Customer for repair work that was not authorized, except where otherwise permitted by applicable law or expressly agreed to by the Customer.
31. LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, Hellbent's liability arising from a particular service will not exceed the amount actually paid to Hellbent for the specific service giving rise to the claim.
To the fullest extent permitted by law, Hellbent will not be liable for indirect, incidental, special, consequential, or punitive damages, including:
Lost wages;
Lost business;
Lost commercial opportunities;
Rental vehicle expenses;
Loss of use;
Towing expenses;
Transportation expenses; or
Other consequential economic losses.
This limitation does not apply to liability that cannot legally be limited or waived.
Nothing in these Terms is intended to exclude liability for fraud, intentional misconduct, gross negligence, or other liability that applicable law prohibits the parties from limiting.
32. PRE-EXISTING CONDITIONS AND SUBSEQUENT FAILURES
Hellbent is not responsible for failures caused by conditions that existed before Hellbent's work, except to the extent caused by Hellbent's own legally actionable conduct.
Examples may include:
Rust;
Corrosion;
Seized hardware;
Brittle components;
Aged components;
Previous improper repairs;
Existing electrical faults;
Existing mechanical failures;
Aftermarket modifications;
Unrelated component failures; or
Normal wear and tear.
Repairing one component does not create a guarantee that another component will not subsequently fail.
33. CUSTOMER-REQUESTED OR CUSTOMER-DIRECTED REPAIRS
If a Customer specifically requests a repair, replacement, modification, diagnostic procedure, or installation despite Hellbent's recommendation that another procedure be performed, Hellbent may require the Customer to acknowledge the request in writing.
Hellbent may refuse the requested work if it reasonably determines that the work would be unsafe, unlawful, incompatible, or outside the shop's capabilities.
34. NAVAJO NATION, ARIZONA, COUNTY, AND OTHER APPLICABLE LAW
Hellbent intends to comply with applicable:
Arizona laws;
Navajo Nation laws and regulations;
County requirements;
Municipal requirements;
Environmental requirements;
Transportation requirements; and
Safety requirements.
The law applicable to a particular transaction may depend on:
Where the services are performed;
Where the vehicle is located;
Where the parties are located;
The nature of the transaction; and
Applicable jurisdictional law.
Nothing in these Terms is intended to waive or alter the jurisdiction of a governmental authority where such jurisdiction is established by law.
35. DISPUTE RESOLUTION
The parties agree to first attempt in good faith to resolve disputes through direct communication.
This informal resolution process does not prevent either party from taking legal action when necessary to:
Preserve a legal right;
Protect property;
Protect personal safety;
Comply with a statutory deadline; or
Seek emergency or other legally available relief.
These Terms are governed by applicable Arizona law and, where applicable, Navajo Nation law.
Any contractual venue provision is subject to applicable jurisdictional law.
Where a state-court action is legally permitted and venue may be established by agreement, the parties agree that venue should be in the Arizona county where the services giving rise to the dispute were performed, unless applicable law requires otherwise.
36. ATTORNEY'S FEES AND COLLECTION COSTS
To the extent permitted by applicable law and any written agreement, the Customer may be responsible for reasonable costs incurred by Hellbent in collecting an unpaid balance, including reasonable attorney's fees and collection costs.
Nothing in this provision is intended to create a right to fees where applicable law prohibits such recovery.
37. ENTIRE AGREEMENT
These Terms, together with the applicable:
Estimate;
Work authorization;
Supplemental authorization;
Work order;
Invoice;
Warranty statement;
Transportation authorization; and
Other written documents expressly incorporated into the transaction
constitute the agreement between Hellbent and the Customer concerning the applicable services. If a specific transaction document conflicts with these Terms, the specific transaction document will control only to the extent of the conflict.
38. SEVERABILITY
If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, that provision will be enforced to the maximum extent permitted by law, if possible. The remaining provisions will remain in effect.
39. NO WAIVER
Failure by Hellbent to enforce any provision of these Terms on one occasion does not constitute a waiver of Hellbent's right to enforce that provision in the future. Any waiver must be made by an authorized representative of Hellbent.
40. ELECTRONIC RECORDS AND SIGNATURES
The Customer agrees that electronic records and electronic signatures may be used for:
Estimates;
Work authorizations;
Supplemental approvals;
Invoices;
Warranty documents;
Acknowledgments;
Storage notices;
Transportation authorizations; and
Other transaction documents.
Arizona law provides that an electronic record or signature may not be denied legal effect solely because it is electronic, and an electronic signature may satisfy a legal signature requirement. A.R.S. § 44-7007. Arizona Legislature
The Customer agrees that the electronic signature associated with the applicable transaction represents the Customer's intent to authorize the applicable document.
41. CUSTOMER ELECTRONIC AUTHORIZATION AND ACKNOWLEDGMENT
By electronically signing an estimate or authorization, I acknowledge and agree that:
I have reviewed the applicable estimate;
I have had an opportunity to review these Terms;
I am the registered owner or authorized agent of the vehicle owner;
I authorize only the services specifically identified in the applicable authorization;
Diagnostic charges may apply even if no repair is ultimately performed;
Additional work may require additional authorization;
Parts may require payment before they are ordered;
Sublet services may require payment before they are scheduled;
Transportation or towing charges may be collected before transportation is arranged;
Vendor restocking, cancellation, freight, and non-returnable-part charges may apply;
Customer-supplied parts may be installed at Hellbent's discretion and may not carry a Hellbent parts warranty;
Core charges may apply;
Shop-supply, environmental, disposal, and other disclosed charges may apply;
Storage charges may apply when a vehicle remains at the facility beyond the applicable period;
Hellbent may have lien rights as provided by applicable law;
The Customer is responsible for disclosing known vehicle hazards and conditions;
Hellbent may operate the vehicle when reasonably necessary for diagnosis, testing, transportation, or repair;
The Customer should remove valuables and personal property from the vehicle;
Mobile and roadside repairs are subject to safety and location limitations;
Declining recommended repairs may affect vehicle safety and reliability;
Manufacturer and Hellbent warranty terms, if any, are governed by the applicable warranty documentation;
The Customer is responsible for lawful operation and maintenance of the vehicle after it leaves Hellbent's custody;
These Terms form part of the agreement governing the requested services; and
I agree to pay all authorized charges according to the applicable estimate, invoice, and these Terms.