This Contract for Services is made effective as of the date of service, by and between the below signed (the “Recipient”), and One Hour Tire LLC of 2951 S Sammy Davis Jr Dr, Las Vegas, Nevada 89109 (the “Provider”).
- DESCRIPTION OF SERVICES. One Hour Tire LLC will provide vehicle tire repair and replacement services as needed (collectively, the “Services”): This Contract will remain in effect indefinitely unless legally terminated by agreement of both parties. This Contract will remain in effect indefinitely unless legally terminated by agreement of both parties.
- Phone quotes are estimates only. While we do our best to complete the repairs for the quoted price, price is subject to change based on condition of the tire(s) and its associated components, or unforeseen circumstances surrounding the nature of the repair. It is understood that One Hour Tires and its associates and/or technicians are not to be held responsible for additional repairs or parts needed resulting from breakage due to age or other factors during the course of repair. By signing this document, the customer authorizes the above noted repair work with necessary materials. Additionally, by signing, the customer acknowledges and accepts responsibility for final inspection and subsequent formal follow up on this emergency repair and releases One Hour Tire LLC on its associates, contractors or employees from all potential liabilities. One Hour Tire LLC associates may operate the above vehicle for the purpose of testing, inspection or delivery and will be indemnified from any resulting damage. A mobile mechanic’s lien is acknowledged on the serviced vehicle to secure the amount of the repairs plus interest and administration fees in the event of non-payment. Neither One Hour Tire LLC nor it?s associates will be responsible for loss or damage to vehicle and/or articles left in the vehicle in case of fire, theft, accident or any other cause beyond their control.
- PAYMENT. Payment shall be made to One Hour Tire LLC at the time of service. In addition to any other right or remedy provided by law, if the customer fails to pay for the Services when due, One Hour Tire LLC has the option to treat such failure to pay as a material breach of this Contract, and may cancel this Contract and/or seek legal remedies.
- DISPUTE RESOLUTION, ATTORNEYS’ FEES AND COLLECTION COSTS, AND REMEDIES. If there is dispute relating to any provisions in this Contract, the prevailing party is entitled to, and the non-prevailing party shall pay, the costs and expenses incurred by the prevailing party in the dispute, including but not limited to all out-of-pocket costs of collection, court costs, and reasonable attorney fees and expenses. In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 3 days from the effective date of such notice to cure the default(s). Unless waived in writing by a party providing notice, the failure to cure the default(s) within such a time period shall result in the automatic termination of this Contract. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation within 30 days, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure, to wit:Any controversies or disputes arising out of or relating to this Agreement will be resolved by binding arbitration under the rules of the American Arbitration Association. The arbitrator’s award will be final, and judgment may be entered upon it by any court having proper jurisdiction.
- ENTIRE AGREEMENT AND GOVERNING LAW. This Contract contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties. This Contract shall be construed in accordance with the laws of the State of Nevada.