Service Agreement Terms & Conditions
The customer agrees to all terms and conditions of service listed below:
Youngstown Cycle & Speed retains the right to refuse service to any person(s) at any point in time.
FEES: ALL service orders will be assessed a non-refundable, non-transferrable shop fee in the amount of $10.00. Labor will be assessed at an hourly rate of $95.00; this does not include any necessary parts, applicable fees or tax. The minimum fee for any labor completed will equal $50; this does not include any necessary parts, applicable fees or tax. (Applicable fees may include shop fees, environmental fees, disposal fees, etc. This list is not exhaustive, and subject to change without prior notice.)
PAYMENT: Payment is due in full upon completion of services. Vehicles may not be removed from the premises for any reason until payment is made in full. A deposit may be required up front to cover costs of necessary parts. All special order parts must be prepaid before they will be ordered. Special order parts are non-refundable. All other returns are subject to approval and up to a 25% restocking fee. Any missed service appointment without prior notice of cancellation will be assessed a minimum $25 inconvenience fee; this is non-refundable and non-transferrable. The customer is obligated to all costs of parts and labor upon completion of service. We do not issue refunds, whether partial or in full, on completed jobs. Sales tax is required to be charged by law; under no circumstance will this be waived, no exceptions. Any deposits made toward custom projects are non-refundable.
ESTIMATES: Service quotes given by representatives of Youngstown Cycle & Speed regarding parts and labor costs are for ESTIMATION PURPOSES only. Prices are subject to change based on supplier price changes. Estimates are based on stock-vehicle configurations; custom modifications and/or additions can immensely alter time and labor required. In the event of such circumstances, the customer will be contacted to authorize the additional work required. In the event the customer refuses to pay for necessary additional labor, Youngstown Cycle & Speed reserves the right to cancel/abort work immediately; the customer will still be responsible for any tear-down and/or reassembly time.
TIMEFRAME: Timeframes given at time of appointment are ESTIMATES ONLY; while we will make every possible effort to get your vehicle back to you as quickly as possible, unforeseen circumstances may cause unexpected but reasonable delays; these may include custom/aftermarket modifications, unexpected parts issues, etc. We cannot and will not assume any liability for delays beyond our control, including, but not limited to: shipping delays; supplier delays; incorrect, defective, or damaged shipments. We cannot and will not give any one work order any form of exclusivity; we must deal with many other jobs, customers, and phone calls concurrently during the course of the day, and as such we do not offer any guarantee of timeframe of completion.
REPAIRS: We do not guarantee the accuracy of any diagnostics provided by anyone other than Youngstown Cycle & Speed. Due to the complexity of mechanics, one diagnosis is not guaranteed to fix every problem a vehicle may be experiencing. It is common for a vehicle to have more than one issue with similar or overlapping symptoms. Finding and fixing one defect may make others apparent. We cannot and will not guarantee repairs to fix every issue a vehicle may be experiencing in a single repair operation. (For example, if we change your brake pads, and a week later your bike won’t start, we are not responsible.) Youngstown Cycle & Speed reserves the right to refuse installation of customer-supplied parts. We assume no responsibility for customer-supplied parts that may be defective or inadvertently damaged during service work. Youngstown Cycle & Speed is not responsible for any broken bolts or hardware during the completion of service work; bolts can break for a myriad of reasons, including weather-related factors and regular wear-and-tear, and Youngstown Cycle & Speed will not accept fault. If needed, broken bolts and hardware may require additional labor and parts in order to extract and repair the damage.
SAFETY: If during service and maintenance on the vehicle, any Youngstown Cycle & Speed representative discovers an unexpected safety hazard, service will be halted immediately, and the owner will be contacted. If the owner consents to additional necessary parts and labor, the customer will be obligated to any and all related charges. If the owner does not consent to additional necessary parts and labor, Youngstown Cycle & Speed will reassemble the vehicle exactly as it arrived on the premises; customer will be obligated to all labor charges for time spent assessing the vehicle; and customer will be required to arrange for pickup/tow of vehicle on a trailer OR Youngstown Cycle & Speed can arrange delivery of the vehicle, for an additional fee. Youngstown Cycle & Speed cannot be held responsible for any vehicle that leaves the premises with a known safety hazard.
INSURANCE & LIABILITY: Customer shall maintain comprehensive insurance, including fire and theft coverage, at stated value so as to fully compensate customer in the event of loss or damage to vehicle while on the premises, not resultant of any negligent conduct on the part of Youngstown Cycle & Speed. Youngstown Cycle & Speed cannot be held liable for any accidental damage to vehicle or parts thereof incurred during completion of service work. WE ARE NOT RESPONSIBLE FOR LOSS OR DAMAGE DUE TO FIRE, THEFT, OR OTHER NATURAL CAUSES BEYOND OUR CONTROL.
COMPLETION & PICKUP: Upon completion of services, if arrangements are not made for payment in full of vehicle services within 5 business days of notification of completion, the order will be assessed $20 per day for storage until payment and pickup is completed, applied retroactively. If payment has been made but pickup arrangements have not been made within 30 days, a $50 prorated monthly storage fee will be assessed retroactively.
Upon completion of service, the vehicle will be test-ridden by a representative of Youngstown Cycle & Speed before contacting the customer for pickup. At time of pickup, service work completed will be reviewed with vehicle owner on the premises, including a service order summary. Once the vehicle leaves the premises, all repairs will be considered approved and the vehicle accepted as finalized and satisfactory. A Mechanic’s Lien is hereby acknowledged to secure the number of parts and repairs thereto. Youngstown Cycle & Speed reserves the right to exercise this lien at any time in the event of nonpayment.
WARRANTY: If you experience an issue DIRECTLY RELATED to work completed, contact Youngstown Cycle & Speed immediately to arrange for diagnostics. DO NOT continue operating the vehicle. Warranties will not cover damage caused by continuing to operate a vehicle with a known issue. Do not take the vehicle to any other shop or mechanic, as this will nullify any applicable warranty through Youngstown Cycle & Speed. Any applicable warranty will be void if the vehicle has been used in a manner inconsistent with its design and intended purpose, or if the vehicle has been modified or tampered with in any way. In the event of a defective part, if the manufacturer offers a warranty, Youngstown Cycle & Speed will replace the part. This warranty does NOT cover costs of labor to replace defective parts, and the customer will be charged accordingly for time spent completing the repair. If the customer performs any repair, maintenance work, or modifies the vehicle in any way while Youngstown Cycle & Speed is conducting repairs on the vehicle, including the time in between requested repairs, this will nullify any and all warranties, regardless if the work completed impacts the work at Youngstown Cycle & Speed in any way. This is non-negotiable and no exceptions will be made under any circumstance. Youngstown Cycle & Speed will not be responsible for any warranty support on a vehicle that has been worked on by anyone other than a representative of Youngstown Cycle & Speed.
ARBITRATION: Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Claims shall be heard by a panel of three arbitrators. Within 15 days after the commencement of arbitration, each party shall select one person to act as arbitrator and the two selected shall select a third arbitrator within ten days of their appointment. If the arbitrators selected by the parties are unable or fail to agree upon the third arbitrator, the third arbitrator shall be selected by the American Arbitration Association. The arbitration shall be governed by the laws of the State of Ohio. Leave the arbitration clause silent regarding the scope of exchange of electronic information. The arbitration will be based on the submission of documents and there shall be no in-person or oral hearing. Time is of the essence for any arbitration under this agreement and arbitration hearings shall take place within 90 days of filing and awards rendered within 120 days. Arbitrator(s) shall agree to these limits prior to accepting appointment. The arbitrators will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. The arbitrator(s) shall award to the prevailing party, if any, as determined by the arbitrators, all of their costs and fees. “Costs and fees” mean all reasonable pre-award expenses of the arbitration, including the arbitrators’ fees, administrative fees, travel expenses, out-of-pocket expenses such as copying and telephone, court costs, witness fees, and attorneys’ fees. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine witness. In such an event, the other party shall be required to present evidence and legal argument as the arbitrator(s) may require for the making of an award. Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above. Notwithstanding any language to the contrary in the contract documents, the parties hereby agree: that the Underlying Award may be appealed pursuant to the AAA’s Optional Appellate Arbitration Rules (“Appellate Rules”); that the Underlying Award rendered by the arbitrator(s) shall, at a minimum, be a reasoned award; and that the Underlying Award shall not be considered final until after the time for filing the notice of appeal pursuant to the Appellate Rules has expired. Appeals must be initiated within thirty (30) days of receipt of an Underlying Award, as defined by Rule A-3 of the Appellate Rules, by filing a Notice of Appeal with any AAA office. Following the appeal process the decision rendered by the appeal tribunal may be entered in any court having jurisdiction thereof.