These Terms of Service and Mobile Automotive Repair Agreement (“Agreement”) govern all estimates, inspections, diagnostics, repairs, maintenance, roadside services, mobile automotive services, parts sales, towing coordination, and related services (“Services”) provided by Upper Echelon Automotive (“Upper Echelon,” “Company,” “we,” “us,” or “our”) to any customer (“Customer,” “you,” or “your”).
By requesting, scheduling, approving, paying for, or accepting Services from Upper Echelon Automotive, you acknowledge that you have read, understood, and agreed to this Agreement.
1. SERVICES AND DISPATCH
Upper Echelon Automotive operates as a mobile automotive service provider and may perform Services directly or may coordinate, dispatch, subcontract, refer, or otherwise arrange for independent automotive technicians, mechanics, repair businesses, towing companies, parts suppliers, diagnostic providers, or other third-party service providers (“Service Partners”) to perform some or all Services.
The specific technician or Service Partner assigned to a job may vary based upon availability, location, vehicle type, specialty, scheduling, workload, parts availability, and other operational considerations.
Unless expressly stated otherwise in writing, the Customer authorizes Upper Echelon Automotive to coordinate and dispatch qualified Service Partners as reasonably necessary to fulfill the requested Services.
2. CUSTOMER AUTHORIZATION
No diagnostic procedure, repair, replacement, part installation, or other chargeable Service is authorized unless approved by the Customer or an authorized representative.
Approval may be provided by:
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Written or electronic signature;
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Text message;
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Email;
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Online approval;
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Telephone or recorded verbal authorization, where legally permissible;
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Payment or partial payment;
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Approval through Upper Echelon's scheduling or payment platform; or
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Other electronic confirmation reasonably attributable to the Customer.
By approving a repair or Service, Customer authorizes Upper Echelon and/or the assigned Service Partner to perform the approved work and incur the approved charges.
3. ESTIMATES AND DIAGNOSTIC SERVICES
Any estimate provided before inspection or diagnosis is an estimate and not necessarily a final price.
Automotive problems may have multiple causes, and a technician may be unable to determine the full scope of a problem until diagnostic testing, disassembly, inspection, or repair has begun.
Diagnostic charges, inspection fees, mobile service fees, trip charges, labor, parts, shop supplies, disposal fees, taxes, towing, programming, and other charges may apply as disclosed to Customer.
Unless expressly stated in writing, an estimate does not constitute a guarantee that the vehicle can be repaired for the estimated amount.
If additional work is reasonably necessary, Upper Echelon may provide an updated estimate or request additional authorization before performing additional chargeable work.
4. ADDITIONAL REPAIRS
Automobiles contain interconnected mechanical, electrical, electronic, computer, safety, and structural systems.
During diagnosis or repair, previously unknown conditions may be discovered.
If additional work is recommended, Customer may:
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Approve the additional work;
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Decline the additional work; or
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Request additional diagnostic information before deciding.
If Customer declines recommended repairs, Upper Echelon and/or the Service Partner may explain the known or reasonably foreseeable consequences of declining the repair.
Upper Echelon is not responsible for failures, damage, unsafe conditions, or other consequences caused by a Customer's decision to decline recommended repairs.
5. VEHICLE CONDITION AND PRE-EXISTING CONDITIONS
Customer acknowledges that vehicles may contain pre-existing defects, wear, corrosion, rust, modifications, previous repairs, accident damage, improperly installed parts, electrical problems, weakened components, or other conditions unrelated to the Services.
Upper Echelon and its Service Partners are not responsible for damage or failure caused by:
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Pre-existing conditions;
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Normal wear and tear;
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Corrosion or rust;
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Previous repairs;
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Improper modifications;
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Aftermarket equipment;
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Defective or deteriorated components;
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Manufacturer defects;
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Accident damage;
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Abuse or neglect;
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Environmental conditions; or
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Conditions unrelated to the Services performed.
A repair to one component does not guarantee that another component will not fail afterward.
6. MOBILE SERVICE CONDITIONS
Because Services may be performed at a Customer's home, workplace, parking lot, roadside location, or other location selected by Customer, Customer is responsible for providing a reasonably safe and lawful work environment.
Customer must disclose known hazards, including but not limited to:
Upper Echelon and its Service Partners may refuse, postpone, relocate, or terminate Services if the work location is unsafe, inaccessible, unlawful, or otherwise unsuitable for performing the requested work.
A mobile-service or dispatch fee may remain payable if a technician arrives but cannot safely or reasonably perform the requested Services.
7. VEHICLE ACCESS AND CUSTOMER RESPONSIBILITY
Customer represents that Customer has the legal authority to authorize Services on the vehicle.
Customer must provide reasonable access to the vehicle and any necessary keys, access codes, security information, or other information required to perform the requested Services.
Customer is responsible for removing personal property and valuables from the vehicle before Services begin.
Upper Echelon and its Service Partners are not responsible for loss or damage to personal property left inside the vehicle unless caused by legally actionable conduct.
8. PARTS
Parts may be supplied by Upper Echelon, a Service Partner, a parts distributor, the vehicle manufacturer, or another supplier.
Parts may be new, aftermarket, OEM, remanufactured, rebuilt, recycled, or used, depending upon the Customer's authorization and the nature of the repair.
Where applicable, Customer will be informed of material differences in parts before approval.
Parts warranties, when available, are subject to the manufacturer's or supplier's applicable warranty terms.
A manufacturer's parts warranty does not automatically constitute a warranty that the entire vehicle or repair will remain free from future failure.
9. WARRANTY ON LABOR OR REPAIRS
Any warranty offered by Upper Echelon will be stated on the applicable invoice, estimate, work order, or written warranty documentation.
No warranty is created merely because a technician performed a repair unless a warranty was expressly provided.
Unless otherwise stated in writing, warranty coverage does not cover:
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Damage caused by misuse or abuse;
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Continued operation of a vehicle after a warning light, failure, overheating, fluid loss, or other serious condition occurs;
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Unauthorized repairs or modifications;
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Subsequent repairs by another person or company;
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Failures of unrelated components;
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Normal wear and tear;
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Consumable items;
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Pre-existing conditions;
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Customer-supplied defective parts;
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Parts excluded by the applicable manufacturer's warranty; or
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Damage caused by circumstances outside the reasonable control of Upper Echelon.
Any warranty remedy will be limited to the repair, replacement, or other remedy expressly provided in the applicable warranty.
10. NO GUARANTEE OF VEHICLE PERFORMANCE
Automotive repair is not an exact science, and diagnosis may involve reasonable professional judgment.
Unless expressly stated in writing, Upper Echelon does not guarantee that:
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A diagnostic procedure will identify every problem;
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A repair will permanently resolve every symptom;
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A vehicle will pass an inspection;
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A vehicle will remain operational for a particular period;
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A vehicle will achieve a particular mileage;
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A vehicle will have a particular resale value; or
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A vehicle will not experience another mechanical or electrical failure.
11. CUSTOMER-SUPPLIED PARTS
Upper Echelon may, at its discretion, permit Customer-supplied parts.
If Customer supplies a part, Customer is responsible for confirming that the part is correct and suitable for the vehicle.
Upper Echelon may refuse to install a part that appears unsafe, defective, incorrect, damaged, counterfeit, incompatible, or otherwise unsuitable.
Unless expressly agreed otherwise in writing, Upper Echelon does not provide a parts warranty for Customer-supplied parts.
Labor associated with installing a Customer-supplied defective or incorrect part may remain chargeable.
12. DIAGNOSTIC LIMITATIONS
Diagnostic testing identifies conditions that are reasonably detectable through the testing performed.
A diagnostic service is not an inspection of every component of a vehicle.
Electronic diagnostic equipment may identify codes or symptoms without identifying the ultimate mechanical cause.
Customer understands that additional testing, disassembly, inspection, or repair may be necessary.
13. VEHICLE STORAGE AND ABANDONMENT
Upper Echelon is primarily a mobile service provider and does not necessarily maintain a storage facility for Customer vehicles.
If a vehicle must remain at a third-party facility, Service Partner location, repair facility, tow yard, or other location, Customer may be responsible for storage, towing, administrative, impound, or related charges imposed by that facility.
Customer is responsible for promptly retrieving the vehicle when notified that Services have been completed or discontinued.
Nothing in this Agreement waives any statutory lien, possessory lien, towing right, storage right, or other lawful remedy available to Upper Echelon or a Service Partner.
14. PAYMENT
Payment is due according to the payment terms provided at the time Services are scheduled or completed.
Unless otherwise agreed in writing:
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Approved Services are due upon completion;
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Diagnostic and mobile-service fees may be due regardless of whether a repair is ultimately authorized;
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Deposits may be required before parts are ordered;
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Special-order parts may require full or partial payment in advance;
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Returned-payment fees may apply to the extent permitted by law; and
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Customer remains responsible for all properly authorized charges.
Upper Echelon may suspend additional Services when an account has an unpaid balance.
15. CANCELLATIONS AND NO-SHOWS
Customer should provide reasonable notice when canceling or rescheduling an appointment.
A cancellation, missed appointment, inaccessible vehicle, or failure to provide access may result in a cancellation, dispatch, trip, diagnostic, or other applicable fee if disclosed before the appointment.
Nothing in this section requires payment of a fee that is prohibited by applicable law.
16. ROADSIDE AND EMERGENCY SERVICES
Roadside automotive assistance is inherently performed in environments that may involve traffic, weather, limited visibility, unstable surfaces, and other hazards.
Customer remains responsible for following applicable traffic and safety laws and for taking reasonable precautions while waiting for a technician.
Upper Echelon does not guarantee that a roadside Service will restore a vehicle to safe operating condition.
A vehicle that has received roadside assistance may still require towing or additional repairs.
17. TOWING AND THIRD-PARTY SERVICES
When requested or reasonably necessary, Upper Echelon may coordinate towing or other third-party services.
Unless expressly stated otherwise, towing companies and other third-party providers are independent businesses and are responsible for their own services.
Charges imposed by third parties may be passed through to Customer where authorized.
18. INDEPENDENT SERVICE PARTNERS
Upper Echelon may use independent technicians, mechanics, repair businesses, and other Service Partners.
Each Service Partner is responsible for complying with applicable laws, maintaining required licenses or qualifications, maintaining appropriate insurance where required by contract or law, and performing assigned work in a professional manner.
Where a Service Partner performs Services directly for Customer, Customer acknowledges that the Service Partner may have its own applicable terms, warranties, limitations, and requirements.
Nothing in this Agreement is intended to create an employment relationship between Upper Echelon and an independent Service Partner or between Customer and a Service Partner.
19. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UPPER ECHELON AUTOMOTIVE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO SERVICES, INCLUDING LOSS OF USE, LOST INCOME, LOST BUSINESS, LOSS OF PROFITS, LOSS OF VALUE, LOSS OF OPPORTUNITY, OR OTHER ECONOMIC LOSS, EXCEPT TO THE EXTENT SUCH LIMITATION IS PROHIBITED BY LAW.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UPPER ECHELON'S LIABILITY ARISING OUT OF A PARTICULAR SERVICE SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY CUSTOMER TO UPPER ECHELON FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM.
Nothing in this Agreement is intended to exclude or limit liability that cannot legally be excluded or limited under applicable law, including liability arising from fraud, intentional misconduct, or other liability that applicable law prohibits the parties from limiting.
20. NO WAIVER OF NON-WAIVABLE RIGHTS
Nothing in this Agreement is intended to waive any consumer protection, warranty, statutory, or other right that cannot legally be waived.
If any provision of this Agreement is determined to be unenforceable, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in effect.
21. CUSTOMER INDEMNIFICATION
To the maximum extent permitted by law, Customer agrees to indemnify and hold harmless Upper Echelon Automotive and its owners, officers, employees, contractors, technicians, Service Partners, and agents from claims, damages, losses, liabilities, and reasonable expenses arising from:
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Customer's intentional misconduct;
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Customer's unauthorized instructions;
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Customer's failure to disclose known hazards;
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Customer's provision of false or materially incomplete information;
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Customer's unauthorized modification of the vehicle;
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Customer's refusal to follow reasonable safety instructions; or
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Customer's violation of this Agreement.
This provision does not require Customer to indemnify any party for that party's own conduct to the extent such indemnification is prohibited by applicable law.
22. TECHNICIAN AND SERVICE-PARTNER PROTECTION
Customer agrees to treat technicians and Service Partners respectfully and safely.
Threats, harassment, violence, discrimination, intimidation, unsafe conduct, or interference with a technician's ability to safely perform Services are prohibited.
A technician may immediately stop work and leave the location when the technician reasonably believes that continuing would create a safety risk.
Upper Echelon may refuse future Services to a Customer whose conduct creates a legitimate safety or security concern, subject to applicable law.
23. PHOTOGRAPHS, VIDEO, AND SERVICE RECORDS
Upper Echelon and its Service Partners may document vehicle condition, diagnostic findings, parts, repairs, and work performed through photographs, videos, notes, diagnostic reports, and other service records.
These records may be used for:
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Documentation;
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Warranty administration;
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Quality control;
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Insurance purposes;
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Dispute resolution;
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Training and internal business purposes; and
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Establishing the condition of the vehicle before, during, and after Services.
Customer authorizes reasonable documentation of the vehicle for these purposes.
Customer's personal information will be handled in accordance with applicable privacy laws and Upper Echelon's privacy practices.
24. DISPUTES AND OPPORTUNITY TO CURE
Before filing a lawsuit or pursuing another formal claim concerning Services, Customer agrees, to the extent permitted by law, to provide Upper Echelon with written notice describing the issue and a reasonable opportunity to investigate and, where appropriate, offer a reasonable resolution.
Nothing in this section eliminates any legally protected right or remedy.
25. GOVERNING LAW
This Agreement shall be governed by the laws of the State of Texas, without regard to conflict-of-law principles, except to the extent applicable law requires otherwise.
Any venue provision contained in this Agreement shall apply only to the extent permitted by applicable law.
26. ARBITRATION
If Upper Echelon elects to include an arbitration requirement, that provision should be contained in a separately reviewed arbitration clause designed specifically for Texas consumer transactions.
[ATTORNEY REVIEW REQUIRED BEFORE INSERTING A BINDING CONSUMER ARBITRATION CLAUSE.]
27. ELECTRONIC COMMUNICATIONS
Customer consents to receiving service-related communications electronically, including estimates, approvals, invoices, appointment confirmations, diagnostic information, warranty information, and other communications relating to Services.
Electronic approvals and records may be retained as part of the Customer's service file.
28. TEXT MESSAGE COMMUNICATIONS
Where Customer provides a telephone number and requests or authorizes text communications, Upper Echelon may use text messaging for appointment scheduling, technician arrival information, estimates, approvals, service updates, invoices, and other transactional communications.
Marketing communications, if any, will be handled separately in accordance with applicable law and applicable consent requirements.
29. INTELLECTUAL PROPERTY
All Upper Echelon Automotive names, logos, trademarks, photographs, written materials, forms, software, website content, processes, and other proprietary materials remain the property of Upper Echelon or its respective licensors.
Customer may not reproduce or commercially exploit Company materials without written permission.
30. NO THIRD-PARTY BENEFICIARY RIGHTS
Except where expressly stated otherwise, this Agreement does not create enforceable rights in any person who is not a party to the applicable transaction.
Nothing in this provision is intended to eliminate rights or protections that applicable law independently provides to technicians, Service Partners, manufacturers, insurers, or other parties.
31. FORCE MAJEURE
Upper Echelon shall not be responsible for delays or inability to perform caused by circumstances beyond its reasonable control, including severe weather, traffic, accidents, natural disasters, government action, supply-chain disruptions, parts shortages, equipment failures, telecommunications outages, labor disruptions, unsafe conditions, or other extraordinary circumstances.
32. ENTIRE AGREEMENT
This Agreement, together with the applicable estimate, work order, invoice, warranty documentation, written approvals, and other documents expressly incorporated into the transaction, constitutes the agreement between Customer and Upper Echelon concerning the applicable Services.
If there is a conflict between documents, the specific written terms applicable to the particular Service will control to the extent permitted by law.
33. SEVERABILITY
If any provision of this Agreement is found invalid, illegal, or unenforceable, the remaining provisions shall remain in effect.
The invalid or unenforceable provision shall be modified only to the minimum extent necessary to make it enforceable, where legally permitted.
34. NO WAIVER
A failure by Upper Echelon to enforce any provision of this Agreement shall not constitute a waiver of the right to enforce that provision later.
35. CHANGES TO THESE TERMS
Upper Echelon may update these Terms from time to time.
The Terms applicable to a particular Service will generally be the version accepted by Customer at the time the Service was authorized, unless a later modification is required by law or expressly agreed to by Customer.
CUSTOMER ACKNOWLEDGMENT
By approving Services, Customer acknowledges and agrees that:
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I have provided accurate information about the vehicle and requested Services.
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I understand that estimates may change when additional problems are discovered.
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I authorize the approved Services.
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I understand that automotive repairs may reveal additional problems.
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I understand that declining recommended repairs may leave the vehicle unsafe or subject to additional damage.
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I understand that Upper Echelon may use independent technicians or Service Partners.
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I understand that mobile automotive work involves inherent environmental and safety risks.
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I have disclosed known hazards at the service location.
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I have removed or secured valuables and personal property from the vehicle.
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I have reviewed the applicable estimate and pricing.
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I agree to pay authorized charges.
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I have had an opportunity to ask questions before approving the Services.
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I agree to these Terms of Service to the extent permitted by applicable law.
Customer Name: __________________________________
Vehicle: _________________________________________
VIN: _____________________________________________
Date: ____________________________________________
Customer Signature / Electronic Approval: ______________________________
Upper Echelon Representative: _________________________________________
IMPORTANT BUSINESS NOTE
This Agreement is intended as a strong business-oriented starting point, not a substitute for review by a Texas attorney. In particular, the liability limitation, indemnification, warranty, consumer-dispute, electronic-consent, and arbitration provisions should be reviewed before you put this into production.
Texas law can restrict contractual limitations, and consumer transactions can implicate the Texas Deceptive Trade Practices–Consumer Protection Act. Texas Legislature Online+1
Also, if Upper Echelon sells a separately purchased vehicle service contract/extended service agreement rather than simply performing repair work, additional Texas requirements may apply. TDLR specifically identifies vehicle service contracts as being regulated under Texas Occupations Code Chapter 1304. Texas Licensing and Regulation+1
I would not stop with this document, though. For Upper Echelon's business model, I'd build a second document specifically for your technicians and dispatch companies. That agreement should address independent-contractor status, insurance, licensing, background/qualification requirements, workmanship, customer poaching/non-circumvention, payment, chargebacks, vehicle damage, parts handling, confidentiality, photos, customer information, indemnification, claims, and exactly who is responsible when a dispatched technician makes a mistake.
I can draft that Technician & Dispatch Partner Agreement next, and make it substantially more protective of Upper Echelon while still being commercially reasonable.
