1. Applicability
a. These terms and conditions of sale (these “Terms”) are the only terms that govern the Sales,
Services and repairs (which shall include the parts and labor identified on the accompanying
invoice together with any applicable taxes) provided by Miami Engines LLC (“Miami Engines”) to
the customer and for the vehicle identified on the reverse side of these Terms or the invoice
(respectively the “Customer” and the “Vehicle”)
b. Services & Repairs shall include only the parts and labor required to carry out the repair or
maintenance of the Vehicle and/or the parts and labor required to service the vehicle for the
service requested and referred to in the initial estimate (the “Quote Invoice”). Additional parts
and/or labor not detailed in the Quote Invoice required to repair any faults or additional work
identified during the service and/or of any additional parts not expressly identified in the Quote
Invoice will be an additional charge. The customer will be notified of any additional charge in an
amount higher than $50.00 before the relevant work is carried out.
c. Miami Engines reserves the right, before the commencement of the Services & Repairs, to
notify Customer of an immediate increase in the Services & Repairs estimate where this results
from an increase in the cost of parts or other charges beyond Miami Engines' reasonable
control. In the event of an increase to the Quote, Invoice Customer will have the right to cancel
at any time prior to commencement of the Services & Repairs. Once the deposit has been made
by Customer under the Quote Invoice, and access to the Vehicle provided, the Quote Invoice
estimate will be deemed accepted, and then, unless additional or different work is agreed upon
with Customer, Miami Engines will carry out the Services & Repairs as defined in the Quote
Invoice. If any additional services are requested or needed by Customer and Miami Engines
agrees to such additional services, Miami Engine will provide an Additional Quote Invoice
reflecting the agreement between Miami Engines and Customer as to the additional Services
and repairs requested and the costs associated. Customer shall object to any Additional Quote
Invoice or its content within 24 hours from receipt or the Additional Quote Invoice will be
deemed accepted by Customer.
2. Payment
a. Customer shall pay a deposit, as more fully described in the Quote Invoice upon acceptance
of the quote and dropping off of the Vehicle at Miami Engine’s garage. In certain instances,
however, Miami Engines may also request payment in full before commencing service,
depending on the type of services provided.
b. Final payment is due at the time of completion of the Services & Repairs, or in any event
within seven (7) business days from completion, any late payment will be subjected to interest
as more fully detailed below. Miami Engines will provide to Customer a Final Invoice which will
highlight the balance due after crediting any deposit provided by Customer – if any.
c. Customer acknowledges that Miami Engines is providing – when reasonably possible –
Customer with the option of making payment by credit card and/or online. Customer
acknowledges and agrees that any credit card payment made pursuant to any Quote Invoice of
Final Invoice will be final, and that Customer may not dispute or request a chargeback of any
such credit card payment. In the event of a credit card chargeback, Customer interest will
accrue from the original due payment date, and Miami Engine will be entitled to any legal
remedies available including the filing of a lawsuit for collection.
d. Customer acknowledges a $25 charge will be added in the event of checks returned. The
customer shall pay interest on all late payments at the lesser of the rate of 1.5% per month or
the highest rate permissible under applicable law, calculated daily and compounded monthly.
The customer shall reimburse Miami Engines for all costs incurred in collecting any late
payments, including, without limitation, attorneys’ fees, chargeback representation cost, and any
costs associated with lien notice or lien enforcement.
3. Disclaimer of Warranty
a. Miami Engine will complete Services and repairs within a reasonable time after receiving the
deposit and receiving access to the Vehicle. The customer however understands and
acknowledges that delays may occur due to delays in receiving required parts for the Services &
Repairs or other circumstances. Customer agrees that Miami Engine shall not be responsible
for any delays, and Customer waives any delay damages Customer may experience should the
Services & Repairs take longer than estimated.
b. Miami Engines shall reasonably perform the Services & Repairs, provided, however, Miami
Engines makes no warranty or guarantee of a result. Customer shall notify Miami Engines of
any claim that Miami Engines did not reasonably perform the Services & Repairs within ten (10)
days after the discovery of same and in no event later than thirty (30) days after the
performance of the Services & Repairs have been completed. Within a reasonable time after
notice from the Customer, Miami Engines, at its sole option, may correct any part of the
Services and repairs that was not reasonably performed. If Miami Engines is unable to correct
such Services & Repairs, Miami Engines, at its sole option, may refund to Customer the amount
Customer paid to Miami Engines for the portion of the Services & Repairs disputed. These
remedies shall be Customer’s exclusive remedies for any breach by Miami Engines. Miami
Engines shall not be responsible for correcting: (i) any condition which reasonably could have
been prevented or minimized by Customer, (iii) any condition constituting normal wear and tear;
(iv) any condition caused by acts of God; (v) any condition caused by abuse or misuse; or (vi)
any condition not caused by Miami Engines’ failure to reasonably perform the Services &
Repairs.
c. CUSTOMER HEREBY ACKNOWLEDGES THAT MIAMI ENGINES HAS NOT MADE ANY
AFFIRMATION OF FACT, REPRESENTATION OR PROMISE RELATING TO THE SERVICES
& REPAIRS THAT HAS BECOME A BASIS OF THIS TRANSACTION OR WHICH CREATES
AN EXPRESS WARRANTY. TO THE FULLEST EXTENT PERMITTED BY LAW, MIAMI
ENGINES DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, GOOD AND WORKMANLIKE SERVICES, INFRINGEMENT, AND
THOSE ARISING OUT OF PERFORMANCE OR DEALING OR USAGE OF TRADE OR ANY
OTHER IMPLIED WARRANTY WITH RESPECT TO THE SERVICES & REPAIRS.
d. There are NO WARRANTIES, express or implied, made by Miami Engines or the
manufacturer of any parts or other goods incorporated in the Services & Repairs, except for the
manufacturer’s written warranty applicable to such parts or goods. Such separate
manufacturer’s warranty shall be expressly instead of any other express or implied warranty,
condition, or guarantee on said parts or goods. Customer hereby acknowledges that Miami
Engines has not in any manner adopted the manufacturer’s warranty, as a warranty of Miami
Engines, including without limitation, by performing warranty work under the manufacturer’s
warranty, and Customer acknowledges, represents, and warrants that it shall look solely to the
manufacturer to perform or satisfy any obligation under the manufacturer’s warranty.
e. LIMITATION OF LIABILITY: MIAMI ENGINES WILL NOT BE LIABLE TO THE CUSTOMER
OR ANY OTHER PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE
OR OTHER INDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR
LOST USE, LOST PROFITS, LOST SAVINGS OR OTHER COMMERCIAL OR ECONOMIC
LOSS, EVEN IF FORESEEABLE. IN NO EVENT SHALL MIAMI ENGINES’ TOTAL
AGGREGATE LIABILITY TO CUSTOMER OR ANY OTHER PARTY RELATING TO OR
RESULTING FROM SERVICES & REPAIRS OR THESE TERMS EXCEED THE TOTAL
PRICE PAID BY CUSTOMER FOR SUCH SERVICES & REPAIRS. THESE LIMITATIONS
APPLY WHETHER THE LIABILITY IS BASED ON CONTRACT, TORT, STRICT LIABILITY, OR
ANY OTHER THEORY AND WHETHER THE ALLEGED BREACH OR DEFAULT IS A
BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH.
THESE LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
f. Any performance upgrades are intended for off-road or track use only. All performance
upgrades, modifications, and enhancements provided by Miami Engines are offered “as is”
without any express or implied warranties. This includes, but is not limited to, implied warranties
of merchantability, fitness for a particular purpose, or non-infringement. Under no circumstances
shall Miami Engines be liable for any loss or damage, including personal injury or property
damage, arising from the use or misuse of any performance upgrade.
g. By purchasing or installing any performance upgrade, the customer acknowledges and
agrees that:
Performance results may vary depending on vehicle condition, usage, and other external
factors.
Upgrades may affect manufacturer warranties, insurance coverage, emissions
compliance, and vehicle longevity.
Miami Engines is not liable for any direct, indirect, incidental, or consequential damages
resulting from the use or installation of performance upgrades.
It is the customer’s responsibility to ensure compliance with all local, state, and federal
laws and regulations.
4. Miscellaneous
a. All matters arising out of or relating to this Agreement are governed by and construed
following the laws of the State of Florida. The parties hereby irrevocably submit to the
jurisdiction of the courts of the State of Florida or, if there is federal subject matter jurisdiction, to
the United States District Court for the Southern District of Florida. The parties hereby
irrevocably consent to the venue of the courts sitting in Palm Beach County, Florida, being them
either state courts or federal courts, to hear and determine any dispute arising out of or in
connection with this Agreement, its formation, and/or its validity and to enforce any judgment
against the assets of the parties.
b. This Agreement is for the sole benefit of the parties hereto and their respective successors
and permitted assigns and nothing herein, express or implied, is intended to or shall confer
upon any other person or entity any legal or equitable right, benefit or remedy of any nature
whatsoever under or because of these Terms.
c. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any
jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or
provision of this Agreement or invalidate or render unenforceable such term or provision in any
other jurisdiction.