TERMS AND CONDITIONS
1. Agile will perform the work and install the parts in a skillful and workmanlike manner within a reasonable time after Work Order is
approved by Customer. Agile does its best to include all parts and labor on Work Order. However, during installs there may be
additional items and labor arising from seized fittings, broken parts, incomplete part kits, and other unforeseen circumstances.
Customer will be notified immediately of any significant additional charges.
2. Customer owns the vehicle and states it is in good, safe, and roadworthy condition. If vehicle is not registered, tagged, and titled
properly and legally, Customer will inform Agile of this prior to beginning work and Customer will be liable for all tickets and fines
arising from this situation.
3. Customer’s insurance will cover vehicle while in Agile’s shop and Customer will pay or absorb any deductibles.
4. If after beginning work Agile determines the vehicle is not in the condition described by Customer, is not able to receive the work or
that doing the work would render the vehicle unsafe or illegal, Agile may discontinue and notify the Customer and the Customer will
pay for work actually done and pick up the vehicle, or if applicable, Customer may authorize additional or different work verbally,
via email, or on another signed work order.
5. Customer is aware that Agile’s work may cause the vehicle to become more powerful, be capable of higher speeds or otherwise
alter its performance and handling characteristics. Customer assumes all associated risks and will operate the vehicle only in a
safe and lawful manner.
6. Customer authorizes Agile to operate, test and test-drive vehicle and to store it inside or outside its shop. Agile is not responsible
for any theft, vandalism or other damage to vehicle or contents unless caused by Agile. Notwithstanding, Customer acknowledges
and agrees that testing on Agile’s equipment (including dynamometer) may require operation at high power settings, temperatures,
pressures, etc. and that this alone may cause damage to or failure of the engine, transmission, or other parts. Agile will use its best
efforts to avoid but is not responsible for any such damage. CUSTOMER APPROVES TESTING AND ACCEPTS ALL RISKS.
7. Agile gives Customer the right to use ECU Maps written by Agile in the ECU in their vehicle as long as the vehicle’s set up,
modifications, and fuel octane rating remain exactly the same as the state the Maps were written for. However, these Maps will
always remain the property of Agile and Agile may deny access to the values contained within these Maps and is not required to
provide the Maps to Customer in any specific format. The ideas and the expression hereof contained in the Maps are confidential,
proprietary information and trade secrets that Customer will receive in confidence. Customer shall not in any manner or form,
disclose, provide or otherwise make available, in whole or in part, any Map to any third party. Customer may not transfer, sub
license, or assign the Map to another user, except with the sale of the entire vehicle. Use on another vehicle or on the same
vehicle with different parts or different fuel than what the Maps were written for may cause severe damage to or failure of the
engine or other parts. Agile is not responsible for any such damage or failure. Customer assumes all risks.
8. Customer will pick up vehicle and pay amount due when notified by telephone or otherwise that work is complete (or cannot be
completed) and before vehicle is released. Vehicles remaining more than 2 full business days after notice are subject to storage
charges of $25 per day. Vehicles remaining more than 30 days are considered abandoned and subject to removal and sale for
Agile’s account. If Agile sells any such vehicle, it may retain from the proceeds (i) all costs of the sale, (ii) a reasonable legal fee for
its attorneys, if any, (iii) a handling fee of 10% of the gross amount of the sale (but not less than $500), (iv) its full charges for the
work, (v) its full storage charges and (vi) any other damages, costs or expenses it has accrued with respect to the work, storage or
sale.
9. All labor is warranted for one year or 10,000 miles, whichever comes first. The warranty will begin the day the vehicle is picked up
by Customer. If the vehicle is sold, the warranty is not transferrable to the new owner. To obtain warranty coverage, the vehicle
must be brought to Agile at Customer’s expense so Agile can inspect the warranty claim. Agile reserves the right to deny warranty
coverage for reasons including, but not limited to, Customer failing to properly maintain the vehicle, using improper fuel, installing
additional parts, and Customer or another entity attempting to make repairs to the vehicle. If Agile approves a warranty, all
warranty work must be performed by Agile. Agile will not pay for any parts or service obtained or performed through another entity.
Parts carry manufacturer’s warranty but are not warranted by Agile. Agile makes no other warranties, express or implied, and
specifically disclaims warranties of merchantability or fitness for a particular purpose or application.
10. Some parts are intended for off-road use only. It is up to Customer to determine the legality of parts for the state(s) in which the car
is registered and driven on public roads and Customer assumes all liability regarding the legality of all parts on the vehicle. Failure
to comply with local and federal safety and emissions standards is the full responsibility of Customer. Agile assumes no
responsibility for negligence, misuse, or illegal action by the end user. All part returns must be made within 10 business days of
pickup. All returns, unless defective, are subject to a 20% restocking fee. Special order items are not returnable. No returns will be
accepted on installed parts or parts not in their original condition and packaging. All parts (aftermarket or stock, new or used) left at
Agile after an install, will become property of Agile after 5 business days. All used parts are sold as-is with no warranty.
11. Neither Agile nor its owners or employees are liable of any of the following: damage to vehicle, Customer or any other person
caused directly or indirectly by vehicle’s altered power, speed, performance or handling characteristics or post-work use or misuse
of vehicle by Customer or others; damage done to vehicle or contents other than through Agile’s negligence; other damages
whether direct, indirect, consequential or punitive including those based on failure of any product manufactured by others to
perform; unavailability, inadequacy, or failure of parts supplied by others; design or manufacturing defects in any product; acts or
omissions of any manufacturer, deliverer, shipper or other handler of any product or their employees, subcontractors and agents;
failure of vehicle to perform in any particular manner or to any particular specification after work is done; indemnity; lost profits;
fines; misuses, abuse or failure by Customer to maintain or repair vehicle in a reasonable manner; acts or omissions of any
persons other than employees and subcontractors of Agile; or any other factor not reasonably within Agile’s control. Customer
further acknowledges that automotive modifications, upfitting, customization and related testing are in some cases experimental.
Agile will use its best efforts to do all such work in a careful and skillful manner but cannot guarantee that the work will not produce
or lead to unexpected or unwanted results which may include damage to the vehicle, engine or components. Customer assumes
all risks of and agrees to indemnify and make no claims against Agile or its owners, employees, etc. as to such damages. If
Customer successfully claims against Agile, its sole liability will be to refund all money paid by Customer and release vehicle with
no further charges, provided that no claim can be made against Agile if Customer is in default. Customer will indemnify Agile
(including reasonable defense costs) as to claims made by others arising from or related to the work.
12. This document contains the entire agreement of the parties. Any changes to it must be in writing.