By accessing this website, we assume you accept these terms and conditions. Do not continue to use Silver Dollar Auto & Performance, LLC if you do not agree to take all of the terms and conditions stated on this page.
1. Definitions
1.1. "The Company", Silver Dollar Auto & Performance, LLC, the person who is the vendor of the services and or goods to the customer.
1.2. "The Customer", the person contracting for goods and services to be supplied by the Company.
1.3. "Consumer", a Customer, being an individual who, for the purposes of the purchase, is acting wholly or mainly outside of their trade, business, craft or profession.
1.4. "Goods" means all things to be sold by the Company to the Customer.
1.5. "Services" means all services, including repairs, provided by the company to the Customer.
2. Whole Contract
These terms shall represent the whole contract between the Company and the Customer. They may be varied only by written agreement between the parties.
3. Enforceability
In the event of any one or more of these terms and conditions being declared unenforceable, the remaining terms and conditions shall nonetheless remain in full force and effect.
4. Estimate
4.1. Unless specifically agreed in writing, all work is agreed on an estimate basis.
4.2. Unless specifically agreed in writing, time for completion of any work is not essential.
4.3. Any estimate is based on the costs of labor and materials relevant at this date and the Company reserves the right to alter the charges to meet any variations, whether due to increase in wages, materials or increased cost from any other cause outside of the Company reasonable control.
4.4. Should any additional work or materials be found necessary in the course of these repairs or subsequent testing, it will be necessary to make an extra charge. Where this additional work involves a substantial increase in the amount estimated, a supplementary estimate will be submitted for acceptance.
5. Goods Supplied
5.2. All 'Special Orders' correctly supplied and of satisfactory quality will not be accepted for credit. Goods supplied that are of satisfactory quality will not be accepted for credit more than seven working days from the date notified the work is complete and an invoice issued.
5.3 All claims or queries pertaining to an invoice or work performed must be made within seven working days of issue of an invoice quoting the invoice number.
5.4. In the event of cancellation, for any reason, the customer agrees to return any Goods to the Company's premises.
6. Variation
Any variation agreed between the Company and the Customer regarding the Goods to be supplied shall be deemed to be an amendment to this Contract and shall not constitute a new contract.
7. Delivery
7.1. The Company shall give the estimated time for the repair of a vehicle and shall make every effort to inform the Customer if this estimated time cannot be met, although the Company can accept no responsibility for delays outside its control.
7.2. Unless otherwise agreed in writing delivery of the Goods shall take place on the Company’s premises.
7.3 Once notified your vehicle is complete the Customer has two days to pick up their vehicle or the Company reserves the right to charge the Customer $50.00 per day for inside storage and $25.00 per day for outside storage until which the time the Customer takes possession of their vehicle.
8. Payment
Payment in respect of any services or work undertaken shall be made on or prior to taking delivery of the vehicle unless a credit account has been opened.
8.1.1 Payment due from Company pursuant to this Agreement shall be considered delinquent if not timely paid after written notice, bill or invoice. Delinquent payments hall be subject to an interest charge of 1.5% per month on the unpaid balance. By authorizing service, you agree to the Company’s terms and conditions.
9. Warranties
9.1. Any warranties on the products sold herby are those made by the manufacturer. The Company hereby expressly disclaims all warranties either express or implied, including any implied warranty of merchantability or fitness for a particular purpose, and the Company neither assumes nor authorizes any other person to assume for it any liability in connection with the sale of said service or products. Any limitation contained herein does not apply where prohibited by law. In respect of a vehicle subject to a manufacturer's warranty or other written warranty, no warranty is given or implied as to the quality of Goods or Services or their fitness for any particular purpose whether known to the Company or not.
9.2. The Company will, however, without prejudice to its right hereunder, correct all faults in goods or services carried out by the Company and occurring by reason of the Company's default or negligence and shown to be such to the Company's satisfaction.
9.3. Subject to clause 9.4 below, the Company assigns to the Customer, the benefits of any applicable manufacturer's warranty for parts fitted to a vehicle in the course of a repair or service. Further, the Company warrants its work free of defects in workmanship for a period of 12 months or 15000 miles, whichever occurs sooner from the date of completion of the work.
9.4. The Company's obligations under the contract shall be mitigated or removed if any defect is caused or worsened by any of the following: -
9.4.1. Failure to notify the Company of the defect.
9.4.2. Failure to afford the Company opportunity to rectify the problem and/or responding to Company when attempting to rectify the problem.
9.4.3. Subjecting the goods to misuse, negligence or accident or using the vehicle for racing, rallying or similar sports.
9.4.4. Installation of a part into the goods not approved by either the manufacturer or the Company or altering them in a way not approved by either the manufacturer or the Company.
9.4.5. Failure to adhere to maintenance instructions regarding the care, treatment or upkeep of the goods, or in failing to have servicing and preventative maintenance carried out as recommended by either the manufacturer or the Company.
9.4.6 The part fails or becomes defective due to the vehicle being involved in a collision, fire, theft, vandalism, riot, terrorism, explosion, lightning, earthquake, windstorm, hail, water, freezing or flood.
NO ADDITIONAL WARRANTIES. THE WARRANTIES AS SET FORTH HEREIN ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SELLER MAKES NO OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED.
10. Liability
Where the Company contracts to carry out a defined repair or diagnostic operation, the Company's liability shall be limited to the performance of such work within the scope of such operation.
NO CONSEQUENTIAL DAMAGES/LIMITATION OF LIABILITY. COMPANY SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES OF ANY NATURE, SUCH AS LOSS OF BUSINESS OPERATIONS OR PROFITS. ADDITIONALLY, COMPANY’S TOTAL LIABILITY FROM ALL LIABILITY SHALL BE LIMITED TO THE PRICE PAID FOR THE GOODS SOLD OR PROVIDED.
CUSTOMER AGREES TO INDEMNIFY, DEFEND AND HOLD SILVER DOLLAR AUTO & PERFORMANCE, LLC, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, SUITS, DEMANDS, LIABILITIES OR EXPENSES, INCLUDING REASONABLE ATTORNEY’S FEES, SUFFERED OR INCURRED, DIRECTLY OR INDIRECTLY, AS A CONSEQUENCE OF THE UNDERLYING TRANSACTION EVIDENCED BY THE INVOICE. ANY LEGAL ACTION MUST BE BROUGHT WITHIN ONE YEAR FROM THE DATE OF THE INVOICE.
By purchasing or accepting the Company’s products or services, Customer acknowledges he/she has read, understands and agrees to the terms and conditions as outlined by this agreement and the seller invoice, including any warranty agreement, if applicable. If any legal action or proceeding arising out, or relating to, any sale is brought by the Customer or Company, the Customer shall be responsible for all the Company’s attorney’s fees, collection costs, court costs and expenses incurred in collecting the amounts due from Customer, regardless of whether or not Customer institutes a legal action. Any and all disputes concerning, relating to, or arising from this transaction shall be heard exclusively in the Circuit Court of Anne Arundel County, Maryland and shall be subject to Maryland law. Customer waives the right to trial by jury. In addition, the Customer warrants and represents that he/she is fully authorized to enter into this agreement.
11. Use of the Customer's Vehicle
The Company and its employees and agents are expressly authorized to use the customer's vehicle on the highway and elsewhere for all purposes in connection with the work outlined. The Company undertakes to take reasonable care of the vehicle so used, and to provide legally required insurance of the vehicle.
12. Authority to Contract
Goods supplied by the order of any person in the Customer's employment or by any person reasonably believed by the Company to be the Customer's agent or by any person to whom the Company is entitled to make delivery of the vehicle, shall be paid for by the Customer.
13. Lien
The customer acknowledges that the Company has a legal lien upon any vehicle or vehicles left with the Company for supply of goods and services for all monies due from the customer on any account.
14. Risk / Delay
The Company shall in no circumstances be liable for loss or damage thereto or for delay in completing service or repairs unless the same is caused by the negligence or default of the Company, its employees or agents.
15. Bankruptcy / Insolvency of Customer
If the Customer shall become bankrupt or insolvent or make any agreements with the creditors or allow a Receiver of their effects to be appointed or being a body corporate enter into liquidation, the Company shall have the right to terminate any agreement with the Customer subject to these conditions and henceforth cease to have any further obligation under the contract. In these circumstances the price for all the services rendered and goods supplied shall immediately become payable.
16. Storage Charges
If, following the completion of services the Customer's vehicle(s) is left at the Company's premises or the premises of the Company's agent, then the Company reserves the right to make a reasonable daily charge for the storage of the vehicle or vehicles.
17. Replacement Parts
The Company shall obtain the Customer's express permission to repair or to fit repaired units where new parts quoted for are unavailable or not obtained within a reasonable time.
18. Exchange Units
In the event of a factory reconditioned unit being fitted, a surcharge may be made pending examination by the manufacturers to confirm that the unit is, in their opinion, fit for reconditioning within the Exchange Scheme. If the unit is accepted for reconditioning, and the manufacture's credit note is received, the surcharge will be cancelled.
19. Disposal of Uncollected Goods
Any vehicle which is not collected by the Customer and in respect of which payment for repairs carried out has not been made within three calendar months of the Customer having been advised of the completion of the work, may be sold by the Company and the cost of the repairs and any storage charges may be deducted by Company from the net proceeds of the sale of the vehicle. However, before proceeding to sell the vehicle the Company shall first give the Customer seven days written notice of its intention to do so which notice shall be sent by prepaid first class post to the address of the Customer last known to the Company and shall be deemed to have been received by the Customer on the day following the date of posting, or if that shall be a Sunday or a Public Holiday, to be the first working day thereafter. Any sale of the vehicle under this clause shall be by Public Auction and the Company shall after discharging the costs of the sale, the repairs and the storage charges, at its absolute discretion, either retain the balance for the benefit of the Customer or forward the same to the Customer at the Customer's last known address.
20. Data Protection
20.1. The Company will hold the information shown on the invoice for sales, service and warranty purposes and shall not pass on said information to third party organizations.
20.2. All the agreements between the Company and the Customer are personal to the Customer. The Customer may not assign his rights or liabilities to any third party by any means.
21. Model Cancellation Notice
21.1.1. If the Customer cancels this Agreement before services/products provided to the Customer, the Company will reimburse to the Customer all payments received from the Customer under this Agreement, without undue delay, and not later than: -
21.1.2 The Company will make the reimbursement using the same means of payment as the Customer has used for the initial transaction, unless the Customer has expressly agreed otherwise, but in any event the Customer will not incur any fees as a result of the reimbursement.
22. Dispute Resolution
22.1. In the event of a complaint or dispute of any kind the Customer should follow the following complaints handling procedure:
All formal/written complaints relating to the Company, its staff or services must be brought to the attention of the Owner of the Company.
An investigation of the complaint will be carried out by an Owner on behalf the Company.
The Owner, on behalf of the Company, will provide a written response to the complainant with his/her findings within three working days. Should further time be required for the investigation, the complainant will be contacted before the end of the third working day with a progress update explaining the reasons for the time extension. The investigation must be completed by the end of the fifth working day since the last contact with the complainant.
Once the investigation has been completed, a letter/e-mail will be sent to the complainant explaining the Company's position. The letter/e-mail will explain the details of the investigation including factual details of the findings. The letter/email will summarize the Company's position regarding the outcome of the investigation.
If the Company has not received feedback from the complainant following the outcome of the letter/email within one calendar month, the Company will assume that the matter has been fully resolved.
All complaints' records will be stored electronically and/or on hard copy in a secure folder.
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