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Torqqe Performance Customer Agreement

Last Updated 4/14/2020

Plain Language

Torqqe Performance exists to serve passionate performance owners. This agreement outlines the rules of the road for how Torqqe behaves toward customers and how we expect customers to behave toward us. Here are the basics:

  • We will not work on your vehicle until you authorize us to do so.
  • We provide a 1 year, parts and labor, limited warranty in most cases.
  • We have different rates and pricing models for different services but we will always ensure we are in agreement with you what the rate is and what mode you are in.
  • Estimates are just that, estimates. Sometimes we find things that could not be anticipated once we begin work. We will always do our best to avoid surprises.
  • We respect your personal information and will never sell or trade it. Unless you tell us otherwise, you consent to having your vehicle appear in photos or videos taken by Torqqe for use in promotional materials or on social media.
  • Once we completed work on your vehicle, we require payment before we will release the vehicle to you.
  • We are not responsible should you become sick with any disease

Legal Language

This agreement is between Smith & Rossie, Co., a Texas Corporation, doing business as Torqqe Performance, including any sub-contractors (“Torqqe”) and you our customer (“Customer”). By physically signing, electronically authorizing, or in anyway replying to us in the affirmative, Customer authorizes the inspection, modification, and/or repair work set forth in the estimate for the vehicle (“Vehicle”) identified on the estimate. When Customer authorizes work to be performed by Torqqe, Customer agrees to the terms of this agreement as specified on the estimate provided.

Authorization Limits

Customer acknowledges that they have the right to know before authorizing repairs what the repairs to Vehicle will be and what their estimated costs will be, however Torqqe need not obtain approval from Customer prior to performing repairs varying from the authorized estimate as long as the overall cost does not exceed this authorized amount. Customer may also choose to authorize specific spending limits per period of time. For classic vehicles please see the Classic Vehicle Policy. For performance modifications and tuning please see the Performance Modification and Tuning section.

Limitation of Liability

Customer agrees that Torqqe is not responsible for loss or damage to Vehicle or articles left in the vehicle under any circumstances. Customer acknowledges that during the course of repairs damage may occur that requires additional repairs and accepts full financial responsibility for the necessary and proper repair of Vehicle. Torqqe is not responsible for failure of tires or other consumables on Vehicle. Customer authorizes Torqqe and/or Torqqe employees and sub-contractors to drive Vehicle on streets, highways, or elsewhere for the purpose of testing and/or inspection.

Communicable Disease Waiver of Liability

Customer hereby acknowledges that the novel coronavirus, COVID-19, also known as “severe acute respiratory syndrome coronavirus 2 (“SARS-CoV2”) has been declared a worldwide pandemic by governments and public health agencies. SARS-CoV-2, COVID-19 and/or any mutation or variation thereof (hereinafter “COVID-19”) is extremely contagious. Further, COVID-19 and other communicable, contagious and/or infectious diseases, (collectively, “DISEASE”) can be spread by exposure to people or otherwise.

Customer acknowledges the unavoidable risk of exposure to and/or infection with DISEASE, and resultant suffering and/or related death, disability, illness, sickness, infection, disease, syndrome and/or other undesirable health condition (collectively “AFFLICTED”), whether now known or unknown, from DISEASE.

No one, including Torqqe, can eliminate the risk of exposure to or infection by DISEASE. Customer is personally responsible for following the DISEASE mitigation guidelines and restrictions of federal, state/provincial, county or other applicable authority. Customer understands that being AFFLICTED by DISEASE may result from the actions, omissions, or negligence of Customer and others, including, but not limited to Torqqe.

Customer and Customer’s assigns, heirs, and next of kin, agents and principals hereby release Torqqe, its officers, employees, sub-contractors, and agents from all liability related to DISEASE unconditionally to the greatest extent possible under the law.

Mechanics Lien and Notice Pursuant to Section 70.001 Texas Property Code

Customer acknowledges an express mechanics lien on Vehicle to secure the amount of services and/or repairs provided. Customer warrants that they are the person or agent acting on behalf of the person whom is obligated to pay for the repair of the Vehicle. Customer acknowledges that Vehicle is subject to repossession for unpaid repairs per Texas Property Code §70.001 and Texas Business and Commerce Code §9.609.

Limited Power Of Attorney

Customer authorizes an express power of attorney for Torqqe to endorse any form of payment for the services and/or repair of Vehicle.

Classic Vehicle Policy

For vehicles older than 20 years old, Torqqe’s Classic Vehicle Policy applies. Services to classic vehicles are subject to different rates and terms. The rate will always be disclosed on Customer Estimates. Classic vehicles are serviced on a Time & Materials basis (T&M). This means that any figure provided on an estimate is only guidance and actual time logged will be billed. Customer acknowledges that authorization for work on the estimate includes all time required to complete the service in the estimate and that listed times are only educated guesses.

Performance Modification and Tuning

Work to complete performance modification and tuning is provided on a Time & Materials basis (T&M). Actual hours worked will be logged and billed. Customer acknowledges that authorization for work on the estimate includes all time required to complete the service in the estimate and that listed times are only educated guesses. Torqqe is not responsible for any mechanical failures post modification.

Customer Provided Parts Policy

Torqqe will install Customer provided parts at Customer’s request. Customer acknowledges that Torqqe does not warranty Customer provided parts or labor related to the installation/removal of customer provided parts. Torqqe can not guarantee customer provided parts will perform or do what Customer intends for them to do. Torqqe will attempt to validate the usability of Customer provided parts before beginning work, but problems may still arise. Customer acknowledges that all time spent on Vehicle is billable regardless of the outcome.

Limited Warranty

Any warranties on the parts and accessories sold by Torqqe are made by the manufacturer. Replacement of any parts covered by warranty are subject to any and all limitations made by the part manufacturer and/or distributor. Not withstanding any exclusions noted in this agreement, Torqqe provides a general 1 year warranty on labor services provided. Warranty is subject to limitation and evaluation of criteria under the sole discretion of Torqqe.

Broken Bolt Disclaimer

Customer is advised that broken bolts occasionally occur when performing mechanical repairs. Broken bolts occurs due to the bolt or stud threads seizing in the bolt hole due to corrosion not technician negligence. Most fasteners live in a hostile environment on an automobile. In some cases over the course of time and exposure to heat and corrosive elements, the faster and metal from the housing it resides in bond together. This occurrence is undetectable from the outside with the faster appearing normal but potentially resulting in breakage when a technician removes the bolt. In the event a broken bolt occurs, additional labor and specialized tooling is required to make necessary repairs. Every effort is made to minimize the possibility of this occurring but appropriate charges will apply to perform necessary corrections.

Spark Plug Disclaimer

In the course of performing engine service involving the removal of the engine’s sparks there is a possibility of encountering seized spark plugs. While many vehicle manufactures have designated that their engine designs do not need to have spark plugs changed until 100,000 miles or more, it is often observed that steel threaded spark plugs do not last for that extended period installed into an aluminum block. Occasionally, corrosion sets in and the result is that spark plug threads become seized in place. While removal is possible with special extraction techniques, in some cases, removal may result in thread damage. If damage occurs it is often possible to resolve with the use of thread inserts. Additional labor is required to make necessary repairs. There is no warranty expressed or implied on thread insert repairs. Customer is advised that, in extreme cases, cylinder head removal may be required to properly complete the repairs.

Vehicle Storage

A storage charge of $40 per day will be assessed to any vehicle that is not repaired. The same fee will commence on the fifth business day following completion of repairs or services to Vehicle.

Privacy Policy

Torqqe respects customer privacy. Our policy regarding customer privacy and the use of customer information is outlined here: https://www.torqqe.com/privacy-policy/

Social Media Photo and Video Release

Customer gives consent to Torqqe and associates of Torqqe to use, reproduce, or publish images and/or videos featuring Customer or Vehicle for commercial use. Customer gives Torqqe permission to use these images and/or videos for promotion on the Torqqe website, and/or its social media channels, and/or in their portfolio, and/or in any other promotional venue such as trade shows with or without identification of subjects and with no expectation of payment for the use of these images and/or videos.

Payment Policy

Torqqe requires payment in full prior to releasing Vehicle after service.