PCM Tuners Service Agreement

PCM Tuners Service & Repair Agreement

This is a contract for repairs or services. By signing below, I acknowledge that I have read, understood, and agree to the terms outlined in this contract.

1. Contract Date & Parties

This contract is made and entered into on February 23, 2025 by and between:

Customer:

(Hereinafter referred to as "The Customer")

and

Company:
MAC AUTO BROKERS, LLC dba PCM TUNERS, including its officers, directors, employees, agents, licensors, suppliers, and any third-party service providers (Hereinafter referred to as "The Company").

2. Receipt & Agreement to Terms & Conditions

By signing this contract, The Customer acknowledges having read, understood, and agreed to the PCM Tuners Terms and Conditions available on the PCM Tuners website at PCM TUNERS TERMS AND CONDITIONS.

3. Non-Payment & Mechanic’s Lien

This contract is subject to Georgia’s mechanic’s lien laws, including but not limited to O.C.G.A. § 44-14-363, which allows repair facilities to retain possession of a vehicle until payment is made in full.

🚨 If The Customer fails to pay for services or parts, The Company reserves the right to:

Retain possession of the vehicle until full payment is received.
File a mechanic’s lien on the vehicle to recover unpaid amounts.
Sell the vehicle at auction if payment is not received within the legally allowed timeframe, as per Georgia law.

4. Warranty Disclaimer

🔹 There is no warranty—expressed or implied—for any product or service.
🔹 The Company will not be held responsible for any theft, damage, or failure of vehicle components before, during, or after tuning.

📌 The Company is not liable for the operation of, damage to, or failure of any vehicle system, including but not limited to:

Control modules (PCM/ECU)
Engine, transmission, powertrain, suspension
Turbochargers, superchargers, injectors, clutches, gearboxes
Diesel particulate filter, catalytic converter, exhaust system
Sensors, electronics, or wiring
Rims, wheels, tires, paint, interior, or exterior parts of the vehicle

The Customer understands that modifications can expose pre-existing issues and assumes all risks associated with tuning and vehicle modification.

5. Customer’s Responsibility for Auto Insurance Claims

By signing this agreement, The Customer acknowledges that The Company will operate their vehicle on roads and highways as part of testing and tuning.

🚨 In the event of an accident, The Customer agrees to:
✔ File any insurance claims exclusively with their automobile insurance provider.
✔ Release The Company from responsibility for deductibles, denied claims, or uncovered expenses.
✔ Accept full financial responsibility for damages beyond what their insurance covers.

📌 If The Customer lacks sufficient insurance coverage, they acknowledge that they alone are financially responsible for any remaining costs.

6. Electronic Communications Consent

The Customer consents to receive electronic communications, including emails, text messages, and notices, from The Company.

📌 By signing this contract, The Customer acknowledges that:
✔ Electronic agreements, notices, and disclosures satisfy any legal requirement that such communication be in writing.
✔ They may withdraw consent by providing written notice to The Company.
✔ Upon withdrawal, The Company will cease sending electronic communications.

7. Indemnification & Liability Release

The Customer agrees to indemnify, defend, and hold harmless The Company from any claims, losses, damages, or expenses, including attorney’s fees, resulting from:

✔ The operation of The Customer’s vehicle on public roads by The Company or its representatives.
✔ The performance of repairs, tuning, calibration, installation, or modifications.
✔ The storage, possession, or maintenance of The Customer’s vehicle at The Company’s facility.

🚨 This agreement explicitly waives The Company’s liability for:
✔ Consequential damages (e.g., lost time, rental car expenses, or inconvenience).
✔ Incidental damages (e.g., damages caused by pre-existing vehicle conditions).

8. Arbitration Agreement

All disputes arising from this agreement shall be resolved exclusively through binding arbitration under the rules of the American Arbitration Association.

📌 By signing, The Customer waives the right to:
✔ Sue in a court of law.
✔ Participate in a class-action lawsuit.

🚨 Arbitration shall be conducted in Georgia, and the arbitrator's decision shall be final and legally binding.

9. Limited Liability Clause

🔹 The Company’s total liability shall not exceed the amount paid by The Customer in the previous three (3) months.

📌 Additionally, The Company is NOT liable for:
✔ Consequential damages, including lost wages, rental costs, or inconvenience.
✔ Incidental damages, including repairs due to pre-existing mechanical issues.

10. Governing Law

This contract shall be governed by the laws of the State of Georgia.
📌 Any legal disputes shall be resolved exclusively in Georgia.

11. Severability Clause

📌 If any provision of this agreement is found to be illegal, invalid, or unenforceable, the remainder of the agreement shall remain in full force and effect.

✔ The invalidity of any single provision shall not affect the validity or enforceability of the remaining provisions.
✔ The parties agree to replace any invalid provision with one that is as close as possible in intent while remaining legally enforceable.

Acknowledgment & Signature

By signing below, The Customer acknowledges that they have read, understood, and agree to the terms outlined in this contract.

✔ The Customer acknowledges that they have had an opportunity to ask questions and seek clarification before signing.

Date:
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Signed by Mark Cunningham
Signed On: February 13, 2025

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