1921 COURTNEY DR FORT MYERS, FL (239) 277-1004

REV. 20181112 /  FLORIDA MV#97330

Legendary Automotive And Truck Service, LLC

Service Terms And Conditions Notice

Terms and Conditions:

We charge separately for diagnosis and repair. Diagnosis of your car is sometimes very simple, and in most cases, the costs reflect this.  We have provided training for our technicians in the use of the sophisticated diagnostic equipment  and other tools that are all required to get the job done right. 

We will present the diagnosis to you and you will determine if you wish for us to perform the repair needed for an additional charge.

We stand ready to meet your needs, and answer any questions regarding your vehicle. 

For purposes of these Terms and Conditions the term “Legendary” shall refer, inclusively, to the officers, employees, subcontractors and agents of Legendary Automotive And Truck Service, LLC. 

You agree by having your vehicle serviced at Legendary that you have read and agree to all of the terms, and conditions of our service policy and our warranties. 

Payment: Payment for all work performed by Legendary is due immediately upon performance of such work.   You agree a mechanics lien shall exist in favor of Legendary on your vehicle securing the amount of any invoice, including charges for labor, parts and storage until such invoice is paid in full.  

Storage: You may be charged for vehicle storage at the rate of $55 per day beginning 24 hours after Legendary notifies you that repairs to your vehicle are complete, unless otherwise agreed by Legendary in writing prior to repair.    

Vehicle Operation: You agree Legendary may operate your vehicle on streets and highways, at your risk of loss, for the purposes of testing, inspection, moving, or delivery of your vehicle.  You waive any claim related to the operation of your vehicle by Legendary for such purposes, including without limitation, any damage to your vehicle which is not caused by Legendary’s negligent operation of your vehicle or relating to the amount of miles driven.     

Risk of Loss:  You acknowledge that Legendary does not insure your vehicle against, and you release Legendary for any liability associated with any, loss or damage to your vehicle or any personal property in your vehicle in the case of fire, theft, vandalism, accident, or any other cause beyond Legendary’s control.  We are not responsible for any vehicle that is left outside or any damage or losses incurred by the owner or any other agent or controlling party to said vehicle. 

Limitation of Liability: You acknowledge and agree that Legendary’s liability to you for any claim related to repair services it provides, including under the warranties described below, shall be limited to the original cost of such repair services (including parts and labor) as set forth on Legendary’s invoice for such repair services.

Collection Fees:  You agree to pay Legendary’s costs incurred in the collection of any unpaid Invoice amount for Legendary’s services, including fees paid by Legendary to a collection agency and/or any reasonable attorney fees paid by Legendary, whether or not legal action is commenced by Legendary.  You agree to pay a $30 returned check fee for any returned check. 

Old Parts: All old replaced parts (with the exception of parts needed by the manufacturer, unless you request and pay for the core (The part we are removing and replacing) are available for your inspection, and you may take most of them home if needed or, at your direction, we will dispose of them.

Our Rights to Remedy: If you have an upset regarding any service that you received, we want to address any issue you may have and do what we can to satisfy the issue. You agreed that you will give Legendary the opportunity to resolve any issues and will not make a public comment or rating until Legendary has an opportunity to try to resolve your issues and concerns.  Your  failure to provide us this opportunity will be considered a breach of contract.

Towed In Vehicles: If a vehicle is towed to Legendary for any type of service, Legendary will not be responsible for any damage to that vehicle prior to delivery by a third party to our facility and prior to Legendary’s acceptance of the vehicle.

 We reserve the right to refuse service to anyone seeking service at Legendary.

ARBITRATION. Any controversies or disputes arising out of or relating to this Agreement shall be resolved by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association.  The arbitrator(s) shall not have the authority to modify any provision of this Contract or to award punitive damage. The arbitrator(s) shall have the power to issue mandatory orders and restraint orders in connections with the arbitration. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgement may be entered in conformity with the decision in any court having jurisdiction. The Contract to arbitration shall be specifically enforceable under the prevailing arbitration law. 

NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR INDIRECT DAMAGES ARISING FROM OR RELATING TO ANY BREACH OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF VEHICLE USE REGARDLESS OF ANY NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. 


LIMITED WARRANTY TERMS:

We are happy to share the details of our industry leading warranties. If the repair done by Legendary is covered under our limited warranty it will be stated on the invoice given to our customer.


Limited Customer Warranty: (Applies to customers other than Fleet and Commercial Customers): The Limited Customer Warranty is good for a term not to exceed the three calendar years or 36,000 miles whichever comes first from the date of original repair. The vehicle must be returned to to the original service location for warranty service unless covered by our  nationwide third-party warranty,   The number of months and mileage are calculated  based on the information shown on Legendary’s invoice (the “limited warranty period”). 


Our limited warranties do not apply to defects arising from (i) normal wear and tear or lack of periodic maintenance during the warranty period; (ii) repairs or service by third parties; and (iii) accident, fire, or other acts of God.  


All limited warranty claims shall be made in writing to Legendary and shall describe the nature of the claimed defect.  


Customer shall have the responsibility of scheduling limited warranty service and be responsible for any cost of bringing the vehicle to Legendary. The costs of towing or other costs are not covered under the limited warranty.  The limited warranty service will be scheduled as soon as possible.  


If Legendary inspects the vehicle and determines that the problem with the vehicle is not covered by a limited warranty, then Legendary will promptly notify the customer and discuss the reason why the limited warranty does not apply and any possible options available.


LEGENDARY SHALL HAVE THE OPTION TO REPAIR OR REPLACE ANY DEFECTIVE WORKMANSHIP OR PARTS, OR REFUND THE ORIGINAL AMOUNT INVOICED FOR REPAIRS (LESS ANY PRIOR REFUNDS), IN LEGENDARY’S SOLE DISCRETION AND THE CUSTOMER ACKNOWLEDGES THIS RIGHT.

(Available @ www.legendaryfl.com/warranty

Additional Exclusions and Restrictions on in-house warranty (Applies to customers other than Fleet and Commercial Customers):

1.) Legendary’s non commercial or fleet customer warranty covers repairs to covered components that have mechanically failed, 

2,) Our warranty does not cover any towing, breakdown, mechanical failure or expenses that are due to, result from, or are caused by any covered repair in our warranty. 

3.) A change in ownership of vehicle will void any warranty. 

4.) Tires do not apply to this warranty. The Manufacturer's warranty may apply. 

5.) No warranty will apply to any part or component damaged by a covered component. 

6.) The cost of the warranty repair shall not exceed the original cost of the repair. 

7.) Dealer parts are covered for the term provided by the dealership. We offer a warranty on the replacement labor of any dealer part for the term of the warranty period. 

8.) Brakes and or brake system exclusions: a)Brake pads and rotors that have been allowed to sit for any period of time that causes rust to build up on rotor surface are not covered. b)Brake caliper issues like a sticking caliper or any other issue with a caliper that causes damage to brake pads or rotors that have been replaced by Legendary  will void any warranty that may be associated with the brake pads and rotors. 

9.) Used Parts: a)Used engines, transmissions, or any other drive train component carry no warranty for parts or labor unless it is in writing on invoice. b)Used computers, or other electrical components are covered for a period of 30 calendar days from the service date. Unless stated in writing on invoice, unless the component was supplied to us by the customer or their warranty company.

10.) Alignments and items that normally have a service life less than the warranty period, such as, but not limited to fluids, filters and windshield wipers are excluded from our limited warranty.


11.) ENGINE REPLACEMENTS, TRANSMISSION, CLUTCH, OR DIFFERENTIAL REPAIRS, AUTO BODY, PAINT, MOLDING, GLASS REPAIRS, TIRES, AND USED PARTS, ARE NOT COVERED BY OUR LIMITED WARRANTY UNLESS WE HAVE AGREED  IN WRITING ON THE INVOICE TO A LIMITED WARRANTY FOR THE WORK. 


FAILURE AND/OR REFUSAL TO HAVE REPAIRS PERFORMED BY LEGENDARY OR ITS DESIGNATED REPAIR FACILITY SHALL BE DEEMED A WAIVER OF THIS WARRANTY AND LEGENDARY SHALL HAVE NO OBLIGATIONS WHATSOEVER UNDER THIS WARRANTY THEREAFTER.  

OTHER THAN AS SPECIFICALLY STATED ABOVE, LEGENDARY MAKES NO OTHER WARRANTY OF ANY KIND. 




Fleet and Commercial Customers

The limited warranty is good for a term not to exceed the two calendar years or 24,000 miles whichever comes first from the date of original repair. The vehicle must be returned to the original service location for warranty service. All warranty claims require an appointment.

Our limited warranties do not apply to defects arising from (i) normal wear and tear or lack of periodic maintenance during the warranty period; (ii) repairs or service by third parties; and (iii) accident, fire, or other acts of God.  


All limited warranty claims shall be made in writing to Legendary and shall describe the nature of the claimed defect.  


Customer shall have the responsibility of scheduling limited warranty service and be responsible for any cost of bringing the vehicle to Legendary. The costs of towing or other costs are not covered under the limited warranty.  The limited warranty service will be scheduled as soon as possible.  


If Legendary inspects the vehicle and determines that the problem with the vehicle is not covered by a limited warranty, then Legendary will promptly notify the customer and discuss the reason why the limited warranty does not apply and any possible options available.


LEGENDARY SHALL HAVE THE OPTION TO REPAIR OR REPLACE ANY DEFECTIVE WORKMANSHIP OR PARTS, OR REFUND THE ORIGINAL AMOUNT INVOICED FOR REPAIRS (LESS ANY PRIOR REFUNDS), IN LEGENDARY’S SOLE DISCRETION AND THE CUSTOMER ACKNOWLEDGES THIS RIGHT.


INITIALS_______



Additional Exclusions and Restrictions on in-house Fleet or Commercial Customer warranty:

1.) The Legendary Warranty covers repairs to covered components that have mechanically failed, Our warranty does not cover any towing, breakdown, Mechanical failure or expenses that are due to, result from, or are caused by any covered repair in our warranty.

 2.) Coverage under the agreement may be changed at any time without notification to you. If you would like a copy of our warranty terms call or stop by. 

3.) A change in ownership of vehicle will void any warranty. 

4.) Tires do not apply to this warranty. The Manufacturer's warranty may apply. 

5.) No warranty will apply to any part or component damaged by a covered component 

6.) The cost of the warranty repair shall not exceed the original cost of the repair. 

7.) Warranty does not cover modified from stock repairs. 

8.) Dealer parts are covered for the term provided by the dealership. We offer a warranty on the replacement labor of any dealer part for the term of the warranty  period. 

9.) Brakes and or brake system exclusions: a) Brake pads and rotors that have been allowed to sit for any period of time that causes rust to build up on rotor surface are not covered. b) Brake caliper issues like a sticking caliper or any other issue with a caliper that causes damage to brake pads or rotors that have been replaced by Legendary  will void any warranty that may be associated with the brake pads and rotors. 

10.) Used Parts: a) Used engines, transmissions, or any other drive train component carry no warranty for parts or labor unless it is in writing on paid invoice. b) Used computers, or other electrical components are covered for a period of 30 calendar days from the service date. Unless something different is stated in writing on the invoice. 

11.) If  the component was supplied to us by the customer or their warranty company,  Legendary does not warranty parts or labor on customer supplied parts.

12.) Alignments and items that normally have a service life less than the warranty period, such as, but not limited to fluids, filters and windshield wipers are excluded from our limited warranty.


13.) ENGINE REPLACEMENTS, TRANSMISSION, CLUTCH, OR DIFFERENTIAL REPAIRS, AUTO BODY, PAINT, MOLDING, GLASS REPAIRS, TIRES, AND USED PARTS, ARE NOT COVERED BY OUR LIMITED WARRANTY UNLESS WE HAVE AGREED  IN WRITING ON THE INVOICE TO A LIMITED WARRANTY FOR THE WORK. 



OTHER THAN AS SPECIFICALLY STATED ABOVE, LEGENDARY MAKES NO OTHER WARRANTY OF ANY KIND.