Terms and Conditions for Remote Programming Services by NC Auto Rescue & Repair, LLC
Before initiating a remote service session with NC Auto Rescue & Repair, LLC, you must agree to and understand the following terms and conditions:
1. Service Guarantee: NC Auto Rescue & Repair, LLC and its associates will make every reasonable effort to ensure a successful remote service session. However, due to the nature and variation of OEMs, not all issues can be resolved via remote service, and failure is possible due to circumstances beyond the control of either party. While we guarantee an earnest effort to provide successful remote services, we do not guarantee success.
2. Operator Limitations: If NC Auto Rescue & Repair, LLC determines that operator limitations are the reason a remote service cannot be performed, no charges will be made for the session.
3. Charges for Module Programming and/or Coding: If a remote service includes successful module programming and/or coding, but does not correct the symptoms, charges will continue to apply at the discretion of NC Auto Rescue & Repair, LLC.
4. Calibration Check Charge: A calibration check charge of $50 is the minimum remote service charge and may be applied at our discretion.
5. No Liability for Damages: In the rare event that a remote session fails to complete, and a module is determined to be unresponsive or unable to communicate, NC Auto Rescue & Repair, LLC shall not be held liable for any special, consequential, incidental or indirect damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this product. It is possible for such failures to happen, even if using new modules, OEM equipment, with onsite direct connection. By agreeing to these terms and conditions, you acknowledge the possibility of such damages and known defects and agree not to hold NC Auto Rescue & Repair, LLC or any of its employees liable for any damages incurred in the case of an unsuccessful remote service.
6. Dispute Resolution: In the event of a dispute arising between the parties to this Remote Service Agreement, the dispute shall be referred to United States Arbitration & Mediation for arbitration in accordance with United States Arbitration & Mediation Rules of Arbitration. The arbitrator’s decision shall be final and binding, and judgment may be entered thereon.
7. Arbitration Location and Governing Law: The place of the arbitration shall be Orange County, NC, and North Carolina law shall apply. The parties agree to observe this agreement and the rules, to abide by and perform any award rendered by the arbitrator(s), and that a judgment of any court having jurisdiction may be entered on the award.
8. Failure to Comply with Arbitrator's Award: If a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with the arbitrator’s award, the other party is entitled to costs of suit, including a reasonable attorney’s fee for having to compel arbitration or defend or enforce the award.
