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PCM Tuners Service Agreement

This is a contract for repairs or service. By signing below, I acknowledge that I have read and understand the content of this contract.

THIS CONTRACT is made and entered into on December 23, 2024 by and between

(hereinafter "The Customer"), and MAC AUTO BROKERS, LLC dba PCM TUNERS, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers (hereinafter "The Company").

Receipt of and Agreement to PCM Tuners Terms and Conditions, Guidelines, Expectations, and Disclaimer

The Customer acknowledges having read, understood, and agrees to the PCM Tuners Terms and Conditions, Guidelines, Expectations, and Disclaimer document provided to them and available on the PCM Tuners website at PCM TUNERS TERMS AND CONDITIONS.

Non Payment

The Customer understands and agrees that this contract is subject to Georgia Code Section 40-3-20 for work done, or for work done and materials furnished, or for materials furnished in repairing or servicing the vehicle.

Warranty

The customer acknowledges there is no warranty expressed or implied for any product or service, including but not limited to aftermarket parts, tuning service, dynamometer testing service, reflash service, or installation service. The Company will not be held responsible for theft, any cost or damages to any person, vehicle, or item through the performance of our work or at any time the time the vehicle is in our possession. The Company will not be liable for the proper operation, improper operation, or failure of any vehicle system, component, or part including but not limited to the programming or operation of any control module, engine, transmission, suspension, powertrain, turbos, superchargers, sensors, injectors, clutches, gearboxes, diesel particulate filter, catalytic converter, or boost pipes (boost leaks), before, during, or after tuning.

Auto Insurance

Due to the nature of our work, The Customer understands, agrees, and approves that for their benefit, The Company will be driving and operating their vehicle on roads and highways. In the event of any incident that may or may not be eligible for an insurance claim, The Customer agrees to exclusively file the claim with their automobile insurance provider. If The Customer does not have automobile insurance, or if they are underinsured, or if the incident is not covered under their insurance policy, The Customer agrees that they and they alone are directly and individually liable for any and all claims, damages, and expenses related to said incident that are over and above any insurance benefit The Customer may have.

Electronic Communications Consent

The Customer hereby consents to receive electronic communications, including emails, text messages, and electronic notices, from The Company. The Customer acknowledges and agrees that all agreements, notices, disclosures, and other communications that The Company provides electronically, via email and on the website, satisfy any legal requirement that such communication be in writing. The Customer has the right to withdraw this consent at any time by providing written notice to The Company. Upon receipt of such withdrawal notice, The Company will cease sending electronic communications to The Customer.

Indemnification

The Customer and/or any other person accessing services on behalf of The Customer agrees to indemnify, defend, and hold harmless The Company from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from The Company’s work which includes but is not limited to operating The Customer’s vehicle on roads and highways, performance of vehicle repair, calibration, tuning, modification, installation of parts or performance packages, storage or possession of the vehicle at our facility, or any other maintenance or service of or related to The Customer’s vehicle by The Company, or any other person acting on behalf of The Company.

Arbitration

All parties to this agreement hereby agree that any dispute or claim arising out of or relating to this agreement, or the breach thereof, shall not go to court but shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be in the state of Georgia.

Limited Liability

Notwithstanding any other provision in this Agreement, The Company shall not be liable to The Customer for any amount greater than what has been paid to The Company by The Customer in the previous three (3) months.

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Signed by Mark Cunningham
Signed On: September 25, 2024

Timestamp

Audit

November 4, 2023 3:29 pm EST

PCM Tuners Service Agreement Uploaded by Mark Cunningham - info@pcmtuners.com IP 99.59.253.30

December 21, 2023 9:34 pm EST

PCM Tuners - info@pcmtuners.com added by Mark Cunningham - info@pcmtuners.com as a CC'd Recipient Ip: 99.59.253.30

September 25, 2024 1:12 am EST

PCM Tuners - info@pcmtuners.com added by Mark Cunningham - info@pcmtuners.com as a CC'd Recipient Ip: 99.59.253.30

September 25, 2024 1:16 am EST

PCM Tuners - info@pcmtuners.com added by Mark Cunningham - info@pcmtuners.com as a CC'd Recipient Ip: 99.59.253.30