TERMS OF SERVICE AND LIMITED WARRANTY AGREEMENT

This document sets forth the comprehensive Terms of Service and the Limited Warranty Agreement (“Agreement”) governing all services rendered by Barrett Auto LLC (“Barrett Auto”) to its clientele. By engaging Barrett Auto for services, the client (“Client”) expressly acknowledges, understands, and agrees to be bound by all provisions set forth herein.

DEFINITIONS

For the purposes of this Agreement, the following terms shall have the meanings ascribed to them below:

• Client: Refers to the individual or entity engaging Barrett Auto for services, and who is subject to these Terms of Service.
• Barrett Auto: Refers to Barrett Auto LLC, the service provider.
• Services: Encompasses all repair, maintenance, diagnostic, and other automotive-related work performed by Barrett Auto.
• Parts: Refers to all components, materials, and consumables supplied and/or installed by Barrett Auto during the performance of Services.
• Vehicle: Refers to the automobile, truck, or other motorized conveyance owned or presented by the Client for which Services are requested or performed.
• Job Notes: Refers to the specific written documentation, including estimates, invoices, and repair orders, detailing the Services performed, Parts supplied, and any specific exclusions or applicable warranties for a particular repair.

LIMITED WARRANTY

I. Scope of Limited Warranty

Barrett Auto provides a limited warranty on all parts and associated labor for a period of twenty-four (24) months or twenty-four thousand (24,000) miles, whichever occurs first, commencing from the date of completion of the repair or service. This Limited Warranty shall apply to all repairs unless specifically and explicitly excluded in the written job notes pertaining to a particular repair.

II. Coverage

This Limited Warranty extends solely to defects in materials and workmanship under normal use and service conditions.

III. Exclusions

This Limited Warranty expressly and unequivocally excludes coverage for, and Barrett Auto shall bear no liability for, any of the following:

• A. Damage or defects resulting from misuse, abuse, neglect, accident, improper installation (if applicable to Client-supplied parts), alteration, modification, or improper maintenance of the Vehicle subsequent to the repair by Barrett Auto.
• B. Consequential damages, including, but not limited to, towing expenses, rental car expenses, loss of vehicle use, loss of revenue, loss of time, inconvenience, loss of profits, damage to personal property within the Vehicle, or damages to other Vehicle systems or components arising directly or indirectly from the failure of a warranted part or service.
• C. Damage, malfunction, or loss attributable to the use of parts, components, or fluids not supplied, approved, or installed by Barrett Auto. The Client assumes all risks, liabilities, and responsibilities associated with the use of such non-Barrett Auto supplied items, and expressly waives any claim against Barrett Auto arising therefrom.
• D. Damage or loss caused by the loss of any Vehicle system fluid, regardless of the nature or cause of said loss. This exclusion explicitly includes, but is not limited to, the loss of engine oil, transmission fluid, coolant, brake fluid, power steering fluid, or any other operational fluid following a service or repair related to the respective system, unless such loss is directly and solely attributable to a defect in Barrett Auto’s workmanship or a part supplied by Barrett Auto during the immediately preceding service, and not due to pre-existing conditions, Client actions, or other excluded causes.
• E. Repairs or replacements pertaining to the Vehicle’s engine, transmission, drivetrain, or electrical systems (including, but not limited to, computer components) are categorically excluded from this Limited Warranty, unless explicitly stated otherwise in the Job Notes or a separate written agreement.
• F. Any damage or detriment incurred by any Vehicle system, component, or part, whether direct or indirect, resulting from the failure of a part or labor performed by Barrett Auto, is expressly excluded from this Limited Warranty if such failure is caused by an excluded event or condition as defined herein.

IV. Disclaimer of Implied Warranties

EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED HEREIN, BARRETT AUTO EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BARRETT AUTO OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS LIMITED WARRANTY.

V. Engine, Transmission, Drivetrain, and Electrical System Repairs

Notwithstanding any other provision herein, repairs or replacements involving the engine, transmission, drivetrain, or electrical systems are not covered under the standard Limited Warranty set forth in Section I. Any warranty coverage for such specific repairs, if applicable, shall be valid only if explicitly detailed in a separate, written agreement or within the specific job notes, and signed by an authorized representative of Barrett Auto.

TAX EXEMPTION INDEMNIFICATION

In the event the Client claims tax exemption on services or parts provided by Barrett Auto, and it is subsequently determined by the relevant state taxing authority or any other governmental entity that such exemption was erroneously or improperly applied, the Client hereby irrevocably agrees to indemnify, defend, and hold harmless Barrett Auto for any and all resulting tax liabilities, penalties, interest, audit expenses, legal fees, or any other financial harm or costs incurred by Barrett Auto as a direct consequence of such erroneous exemption.

ESTIMATES AND INVOICES

I. Format of Documentation

All estimates and invoices issued by Barrett Auto shall be presented in a job rate format.

II. Detailed Breakdown

Upon written request by the Client, Barrett Auto shall provide a detailed breakdown of parts utilized (inclusive of manufacturer, part number, retail price, and quantity) and labor performed (inclusive of detailed hours billed and applicable labor rate per hour).

III. Labor Hour Calculation

Labor hours for estimates are calculated utilizing industry-standard flat rate information derived from ALLDATA or MOTORS databases, where available. In the absence of such standardized data, labor hours shall be determined by the estimating technician based on professional judgment and experience.

IV. Adjustment to Estimated Labor Hours

Estimated labor hours may be subject to an upward adjustment of no more than twenty-five percent (25%) in instances where Vehicle-specific circumstances, complexities, unforeseen issues, or specialized requirements necessitate additional time for the proper and safe completion of Services. Barrett Auto shall endeavor to notify the Client of any anticipated adjustments as soon as reasonably practicable. Client’s approval may be required for adjustments exceeding a certain threshold as per local regulations or Barrett Auto policy.

V. Current Labor Rates

Current labor rates are prominently posted in the Barrett Auto customer lobby and are available for review by the Client upon request.

FEES AND PAYMENT

The following provisions shall govern all fees and payment obligations related to Services rendered by Barrett Auto. By engaging Barrett Auto for Services, the Client expressly acknowledges and agrees to these terms.

I. Payment Due Date

Unless otherwise expressly agreed upon in writing by an authorized representative of Barrett Auto, full payment for all Services, Parts, and associated charges is due immediately upon the completion of the repair or service.

II. Non-Refundable Deposit

For all estimates where the total estimated cost of Services and materials exceeds One Thousand U.S. Dollars ($1,000.00), a non-refundable deposit equivalent to fifty percent (50%) of the estimated total cost is strictly required prior to the commencement of any work. This deposit shall be applied towards the final invoice total. Failure to provide the required deposit may, at Barrett Auto’s sole discretion, result in a delay or refusal to initiate Services.

III. Reimbursement Fees for Payment Processing

• A. Credit Card and Debit Card Payments: Should the Client elect to remit payment via credit card or debit card, a reimbursement fee shall be assessed. This fee shall be equal to the percentage of the transaction fee charged to Barrett Auto by the respective credit card merchant or payment processor. This fee is expressly excluded from sales or service taxes, as it constitutes a direct recoupment of costs incurred by Barrett Auto for processing the transaction. This fee shall be waived if payment for the invoice is tendered by cash or check.
• B. Third-Party Financial Lender Payments: In the event the Client chooses to finance the invoice payment through one of Barrett Auto’s designated third-party financial lenders, a reimbursement fee shall be assessed. This fee shall be equal to the percentage of the fee charged to Barrett Auto by the financial institution for the provision of such financing. This reimbursement fee is expressly excluded from sales or service taxes, as it constitutes a direct recoupment of costs incurred by Barrett Auto.

IV. Shop Supplies Fee

All estimates and invoices issued by Barrett Auto will typically include a “Shop Supplies” fee. This fee is levied to compensate Barrett Auto for miscellaneous items, consumables, fluids, and general supplies consumed or utilized during the performance of the Client’s service. Clients are encouraged to inquire about the estimated amount of these fees prior to service commencement.

V. Hazardous Materials (Hazmat) Fee

All estimates and invoices issued by Barrett Auto will typically include a “Hazmat” fee. This fee is imposed to compensate Barrett Auto for any and all costs associated with the proper, environmentally compliant disposal of waste materials generated or utilized during the performance of the Client’s service, in strict adherence to applicable environmental regulations. Clients are encouraged to inquire about the estimated amount of these fees prior to service commencement.

MECHANIC’S LIEN

In the event that full payment for Vehicle repairs or Services rendered is not received by Barrett Auto in strict accordance with these terms, Barrett Auto expressly reserves the right to impose a mechanic’s lien on the Vehicle(s) in question. Such lien shall be exercised and enforced in strict accordance with the provisions of New York State Lien Law, including but not limited to Article 8, Section 184, concerning Garage Keeper’s Liens. The Client explicitly acknowledges that failure to satisfy the outstanding balance may result in the sale of the Vehicle to recover said debt, as lawfully permitted by New York State law.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BARRETT AUTO’S TOTAL LIABILITY FOR ANY AND ALL CLAIMS, DAMAGES, OR LOSSES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES PERFORMED, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CLIENT TO BARRETT AUTO FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM. IN NO EVENT SHALL BARRETT AUTO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUE, DATA, USE, OR GOODWILL), EVEN IF BARRETT AUTO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CLIENT’S RESPONSIBILITIES AND ACKNOWLEDGMENTS

I. Disclosure of Vehicle Condition

The Client warrants that they have disclosed all known defects, malfunctions, and relevant history of the Vehicle to Barrett Auto prior to the commencement of Services. The Client understands that failure to disclose such information may affect the diagnosis, repair, and overall outcome of the Services, and may void any applicable warranty.

II. Vehicle Contents

Barrett Auto is not responsible for any personal property or valuables left in the Vehicle. The Client is solely responsible for removing all such items prior to leaving the Vehicle with Barrett Auto.

III. Abandoned Vehicles

Any Vehicle left at Barrett Auto’s premises for more than 25 days after the completion of Services or notification to the Client that Services are complete (whichever is later), and for which payment has not been received, shall be deemed an abandoned vehicle. Barrett Auto reserves the right to dispose of or sell such abandoned vehicles in accordance with applicable New York State laws, and the Client shall be responsible for all storage fees, disposal costs, and any outstanding balance.

IV. Diagnostic Port Usage

The Client acknowledges that diagnostic tools may be connected to the Vehicle’s onboard diagnostic (OBD) port or other data ports. Barrett Auto is not responsible for any pre-existing conditions or malfunctions that may become apparent or exacerbated as a result of diagnostic procedures, or for any data loss from aftermarket devices connected to the Vehicle’s systems.

STORAGE FEES

Vehicles left at Barrett Auto’s premises beyond 72 hours after notification of completion of Services or readiness for pick-up (whichever is later) may be subject to a daily storage fee of $80.00 per day, or the maximum amount permitted by law, whichever is less. This fee will accrue daily until the Vehicle is picked up and all outstanding balances are paid in full.

FORCE MAJEURE

Barrett Auto shall not be liable for any delay or failure in performance of its obligations under this Agreement caused by circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles.

DISPUTE RESOLUTION

Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or validity thereof, shall first be attempted to be resolved through good faith negotiation between the parties. If such negotiation fails, the parties agree to resolve the dispute exclusively in the state or federal courts located in New York, New York.

SEVERABILITY

If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The invalid, illegal, or unenforceable provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the Client and Barrett Auto concerning the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written, between the parties.

WAIVER

No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by an authorized representative of Barrett Auto. A waiver of any breach shall not be construed as a waiver of any subsequent breach.

ACCEPTANCE OF TERMS

By signing our estimate, invoice, repair order, or any other document issued by Barrett Auto, the Client hereby irrevocably acknowledges, confirms, and accepts all of the terms and conditions set forth in this Agreement, and further expressly authorizes the commencement and completion of the repairs and services as detailed therein.

**Last Updated May 29, 2025 @ 0800HRS EST