TERMS AND CONDITIONS

1. TAG Truck Enterprises, LLC warrants workmanship for ninety (90) days from the invoice date. All claims must be reported within this period.
2. Installed parts are non-returnable. Over-the-counter parts returns must include original invoices, are subject to a 15% restocking fee, and returns will not be accepted after thirty (30) days. Special-order electrical components are non-returnable.
3. Payment is due upon service completion unless an approved charge account exists. Delinquent payments incur a 1.5% monthly charge.
4. ALL WARRANTIES ON THE SERVICE WORK SOLD AND DESCRIBED IN THIS REPAIR ORDER ARE HEREBY EXPRESSLY LIMITED TO THOSE MADE BY THE MANUFACTURER, OR THE LIMITED WARRANTY HEREIN SET FORTH AND NONE OTHER. NEITHER TAG Truck Enterprises, LLC NOR ANYONE ACTING FOR IT HAS MADE ANY AFFIRMATION OF FACT, REPRESENTATION OR PROMISE RELATING TO THE SERVICE WORK BEING SOLD, THAT HAS BECOME A BASIS OF THIS BARGAIN. FURTHER, TAG Truck Enterprises, LLC HAS MADE NO AFFIRMATION OF FACT, REPRESENTATION OR PROMISE RELATING TO THE SERVICE WORK BEING SOLD HEREBY THAT CREATES OR AMOUNTS TO AN EXPRESS WARRANTY THAT THE SERVICE WORK WOULD CONFORM TO ANY SUCH AFFIRMATION, REPRESENTATION OR PROMISE. THE DESCRIPTION OF THE SERVICE WORK CONTAINED IN THIS ORDER IS FOR THE SOLE PURPOSE OF IDENTIFYING THE SERVICE WORK AND NO DESCRIPTION OF THE SERVICE WORK HAS BEEN MADE A PART OF THE BASIS OF THE BARGAIN OR HAS CREATED AN EXPRESS WARRANTY THAT THE SERVICE WORK WOULD CONFORM TO ANY DESCRIPTION MADE BY TAG Truck Enterprises, LLC. NO SAMPLE, MODEL, OR DEMONSTRATOR HAS BEEN MADE A PART OF THE BASIS OF THIS AGREEMENT OR HAS CREATED OR AMOUNTED TO AN EXPRESS WARRANTY THAT THE SERVICE WORK WOULD CONFORM TO ANY SAMPLE, MODEL, OR DEMONSTRATOR EXHIBITED BY TAG Truck Enterprises, LLC. TAG Truck Enterprises, LLC DISCLAIMS ANY WARRANTY OF MERCHANTABILITY WITH RESPECT TO THE SERVICE WORK SOLD HEREBY AND ANY WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE WHATSOEVER WITH RESPECT TO THE SERVICE WORK BEING SOLD UNDER THIS AGREEMENT, AND TAG Truck Enterprises, LLC DISCLAIMS ANY AND ALL WARRANTY OF GOOD AND WORKMANLIKE SERVICES AS TO WORK OR SERVICES PERFORMED HEREUNDER OR IN RELATION THERETO. TAG Truck Enterprises, LLC DISCLAIMS ANY AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE SERVICE WORK. NO PERSON, FIRM, COMPANY, OR OTHER ENTITY IS AUTHORIZED TO ASSUME ANY OTHER LIABILITY ON BEHALF OF TAG Truck Enterprises, LLC IN CONNECTION HEREWITH.
5. Unless otherwise agreed to in a writing signed by Customer and TAG Truck Enterprises, LLC, Customer shall be solely responsible for the payment of all sales, use, consumer and other taxes arising out of this Order mandated by any applicable federal, state and local laws, codes, ordinances, rules and regulations, whether currently in effect, scheduled to go in effect, or subsequently enacted, including but not limited to, any increases in such taxes taking effect after the date of this Order.
6. TAG Truck Enterprises, LLC maintains an express mechanic’s lien on serviced vehicles for all charges incurred. TAG Truck Enterprises, LLC may retain possession until full payment is received, as permitted by applicable laws in the state where the services were performed, as permitted by applicable laws in Texas, Arkansas, Louisiana, Mississippi, Tennessee, Kentucky, Missouri, and New Mexico.
7. TAG Truck Enterprises, LLC shall not be liable for failure to deliver or delay in delivering a motor vehicle, or parts or equipment covered by this Order where such failure or delay is due, either in whole or in part, to any cause other than the gross negligence of TAG Truck Enterprises, LLC. In no event shall TAG Truck Enterprises, LLC ever be liable for consequential damages of any kind or nature. Further, TAG Truck Enterprises, LLC will not have any liability for any delay, breach, or failure to perform caused by or related to extreme weather or by any other act of God, strike or other labor shortage or disturbance, fire, accident, war, terrorist act or civil disturbance, delay of carriers, failure of normal sources of supply, act of government or any other cause beyond the reasonable control of TAG Truck Enterprises, LLC.
8. Customer will execute all such other forms or documents as may be required by TAG Truck Enterprises, LLC, within forty-eight hours of their presentation to Customer by TAG Truck Enterprises, LLC.
9. Customer hereby appoints TAG Truck Enterprises, LLC and/or its representative as Customer’s attorney-in-fact to do any and every act to which Customer is obligated by this Order or the instruments executed in conjunction herewith, to exercise all rights of Customer in the Service Work described on this invoice or repair Order, to execute any and all papers and instruments on its behalf, to execute and file this Order or any other documents as a financing statement and to do all other things and take such action as TAG Truck Enterprises, LLC, in its sole discretion, deems necessary to preserve and protect its rights hereunder and in the Service Work.
10. The parties hereto agree and covenant that the principal owner or owners of the Customer, together with the person executing this Order, personally guarantee payment and performance of this Order and all instruments executed in conjunction herewith, and hereby obligate themselves to timely perform all duties and obligations of Customer.
11. TAG Truck Enterprises, LLC's acceptance of partial or delinquent payments, or a restrictive endorsement on a draft or check, or the failure of TAG Truck Enterprises, LLC to exercise any right or remedy it may have, shall not constitute a waiver of any obligation of Customer or right of TAG Truck Enterprises, LLC to subsequent exercise of such right or remedy, or constitute a waiver of any other similar default which has occurred, or which occurs thereafter.
12. If TAG Truck Enterprises, LLC seeks to collect or recover some or all of the monies owed hereunder, or customer brings an action against TAG Truck Enterprises, LLC, TAG Truck Enterprises, LLC shall have the right to recover all costs and expenses occasioned thereby, including its attorney’s fees, collection costs, litigation expenses, costs of court, and the like, together with interest thereon at the highest rate allowed by law, no matter what the outcome of such action(s) or lawsuit(s) maybe.
13. The person executing this Order on behalf of Customer, represents and warrants that he or she has the full authority to execute same on behalf of Customer and its principals.
14. IT IS UNDERSTOOD AND AGREED BY THE PARTIES THAT TAG Truck Enterprises, LLC SHALL NOT BE LIABLE FOR LOSS OF USE DAMAGES, INTERRUPTION OF BUSINESS DAMAGES, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, IN CONNECTION WITH OR RELATED IN ANY WAY TO THE SUBJECT MATTER OF THIS ORDER, OR ANY OTHER DEALINGS OF THE PARTIES, WHETHER BASED IN CONTRACT, TORT, STATUTE, OR OTHERWISE. FURTHER, IT IS UNDERSTOOD AND AGREED THAT TAG Truck Enterprises, LLC SHALL NOT BE LIABLE FOR ANY EXEMPLARY, STATUTORY, DISCRETIONARY, OR PUNITIVE DAMAGES OF ANY KIND, IN CONNECTION WITH OR RELATED IN ANY WAY TO THE SUBJECT MATTER OF THIS AGREEMENT, OR ANY OTHER DEALINGS OF THE PARTIES, WHETHER BASED IN CONTRACT, TORT, STATUTE, OR OTHERWISE. IT IS UNDERSTOOD AND AGREED BY THE PARTIES THAT THESE LIMITATIONS ON DAMAGES SHALL APPLY EVEN IF TAG Truck Enterprises, LLC WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR TAG Truck Enterprises, LLC’S CONDUCT WAS INTENTIONAL, RECKLESS OR GROSSLY NEGLIGENT.
15. It is understood and agreed by the parties that jurisdiction and venue for all litigation in connection with or related in any way to the subject matter of this Order, or any other dealings of the parties, shall be exclusively in a Texas state court of competent subject matter jurisdiction, located in Tarrant County, Texas. Customer hereby consents to personal jurisdiction and venue in any Texas state court located in Tarrant County, Texas.
16. It is understood and agreed by the parties that as a condition precedent to any liability of TAG Truck Enterprises, LLC, whether in contract, tort, statute, or otherwise, in connection with or related in any way to the subject matter of this order, or any other dealings of the parties, that Customer shall provide written notice to TAG Truck Enterprises, LLC of all problems, issues, claims, complaints, alleged breaches of this Order, or any causes of action which they may have, within ninety days of the discovery or accrual of same, whichever occurs first, and shall give TAG Truck Enterprises, LLC a thirty-day period during which TAG Truck Enterprises, LLC may attempt to cure such problems, issues, claims, complaints, alleged breaches of this Order, or any causes of action which they may have. Failure to comply with this condition shall be an absolute bar to recovery for any such problems, issues, claims, complaints, alleged breaches of this Order, right of recovery, or any causes of action which they may have. It is understood and agreed by the parties that as a condition precedent to any liability of TAG Truck Enterprises, LLC, that Customer shall file suit specifically pleading all problems, issues, claims, breaches of the terms and conditions contained in this Order, or other causes of action, in a court of competent jurisdiction and venue (as defined herein), within twelve (12) months of discovery or accrual of same, whichever occurs first. It is understood and agreed by the parties that the foregoing provision is both a condition precedent to the right to take such action, and a contractual modification of the statute of limitations for all actions, and failure to comply with this condition precedent and contractual statute of limitations shall be an absolute bar to any recovery of loss, issues, rights, claims or causes of action not specifically pled as hereinabove provided, within the twelve (12) month period.
17. It is understood and agreed by the parties that as a condition precedent to any liability of TAG Truck Enterprises, LLC in contract, tort, statute, or otherwise, and in connection with or related in any way to the subject matter of this order, or any other dealings of the parties, that Customer shall file suit specifically pleading all problems, issues, claims, breaches of the terms and conditions contained in this Order, or other causes of action, in a court of competent jurisdiction and venue (as defined herein), within twelve months of discovery or accrual of same, whichever occurs first. It is understood and agreed by the parties that the foregoing provision is both a condition precedent to the right to take such action, and a contractual modification of the statute of limitations for all actions, whether in tort, contract, statute, or otherwise, and failure to comply with this condition precedent and contractual statute of limitations shall be an absolute bar to recovery for any problems, issues, rights, claims or causes of action not specifically pled as hereinabove provided, within the twelve month period.
18. Customer authorizes TAG Truck Enterprises, LLC to perform repairs, accepts that verbal estimates are non-binding, and acknowledges TAG Truck Enterprises, LLC is not responsible for vehicle or property damage or loss of any kind or character. Customer agrees to storage fees if vehicle remains onsite beyond 48 hours after notification of completed repairs.