War-Torn Cycles Policies

War-Torn Cycles Policies

Nature of Policies. These War-Torn Cycles Policies (these “Policies”), together with the accompanying Work Order Form (the “Work Order”), constitute the entire agreement for the service work described therein, between War-Torn Cycles, LLC, a South Dakota limited liability company (“Dealer”), and the customer identified in the Work Order (“Customer”). These Policies are incorporated by reference into the Work Order and are made available to Customer as an attachment to the Work Order. These Policies are binding upon Dealer and Customer upon Customer’s execution of the Work Order, Customer's execution of these Policies, or the commencement of any service work described in the Work Order, whichever occurs first. These Policies are governed by the laws of the State of South Dakota.

Diagnostic Fees. Dealer will charge a diagnostic inspection fee whenever a diagnostic inspection is requested by Customer or is required to properly assess the condition of the motorcycle or identify the cause of a reported concern. Diagnostic inspections are billed at a minimum of one (1) hour of labor at Dealer’s then-current posted labor rate, regardless of whether a fault or defect is found. If additional time is needed to complete the initial inspection, Dealer will contact Customer for authorization before proceeding, and no additional time will be billed beyond the initial one (1) hour without prior Customer authorization. Upon completion of the diagnostic inspection, Dealer will provide Customer with an estimate for any recommended repair work. If Customer authorizes the recommended repair work, the diagnostic inspection fee will be credited in full toward the final repair invoice. If Customer declines to authorize the recommended repair work for any reason, the full diagnostic inspection fee remains due and payable prior to the release of Customer’s motorcycle. If Dealer determines, following completion of the diagnostic inspection, that it is unable or unwilling to perform the recommended repair work, the diagnostic inspection fee will be waived, and no charge will be assessed to Customer.

Unforeseen Repair Conditions. All estimates are based on Dealer’s initial inspection and the information available at that time. Once repair work has commenced, additional defects or conditions not reasonably discoverable during the initial inspection may be identified. Upon discovery of additional defects or conditions, Dealer will notify Customer, provide an updated cost estimate, and obtain authorization before proceeding with any additional work. Customer may authorize the additional work or request that the motorcycle be reassembled and returned in its current state. Any additional diagnostic or disassembly labor incurred in connection with the discovery of unforeseen conditions is billable regardless of whether Customer authorizes the additional repair work.

Declined Repairs & Risk Acknowledgment. In the event Customer declines all or any portion of the repairs recommended by Dealer, whether following the initial diagnostic inspection or upon discovery of unforeseen conditions during the course of repair work, Dealer may require Customer to execute a Declined Repair & Risk Acknowledgment Form prior to the release of Customer’s motorcycle. Customer's execution of the Declined Repair & Risk Acknowledgment Form is a condition of the release of Customer’s motorcycle where Dealer determines, in its sole judgment, that such acknowledgment is warranted given the nature or severity of the declined repairs.

Disassembly Authorization and Refusal to Reassemble. Certain diagnostic inspections and repair procedures may require partial or full disassembly of Customer’s motorcycle. By authorizing such work, Customer acknowledges that final repair costs may exceed the initial estimate, and that any additional conditions discovered during disassembly will be handled in accordance with Section 3 above. Dealer reserves the right to refuse to reassemble the motorcycle if, in Dealer's sole judgment, the condition of the motorcycle presents an unacceptable risk of failure, if Customer declines repairs that would be necessary to return the motorcycle to a safe and operable condition, or if reassembly would be unsafe or impractical under the circumstances. In the event Dealer refuses reassembly, Customer will be notified and the motorcycle will be made available for retrieval in its disassembled condition. Customer assumes sole responsibility for the retrieval, transport, and disposition of the motorcycle and all associated components. All labor and parts charges must be paid in full prior to release. Dealer assumes no responsibility for reassembly, transport, or any future repair outcomes once the motorcycle has been released in a disassembled condition. No warranty will apply to any disassembled, unrepaired, or unreassembled components.

Dealer Discretion on Repairs. Dealer reserves the right to refuse or discontinue service on any motorcycle at any time, including after work has commenced, for any reason Dealer deems reasonable. This includes, without limitation, motorcycles that are deemed unsafe to service, structurally unsound, impractical to repair, or for which valid proof of ownership cannot be provided upon request. If service is discontinued after work has commenced, Customer remains responsible for all labor and parts costs incurred prior to the cessation of work. Dealer will not perform certain modifications or services it deems unsafe, inadvisable, or contrary to manufacturer specifications, including but not limited to the installation of passenger vehicle tires on motorcycles.

Payment. All amounts due under a repair order, including labor, parts, diagnostic fees, and any accrued storage fees, must be paid in full prior to release of Customer’s motorcycle. Dealer will accept cash, check, debit card, and credit card. A two and one-half percent (2.5%) processing fee is applied to all credit card transactions. If payment is not made in accordance with the foregoing terms, Dealer will be entitled to:

• (i) charge Customer interest at the rate of one and one-half percent (1.5%) per month accruing from the date payment first becomes due until paid in full;

• (ii) withhold delivery of Customer’s motorcycle until payment is made to Dealer; and

• (iii) pursue any other remedy available under applicable law, including, without limitation, pursuing title to the motorcycle in accordance with Section 8 below.

Nonpayment of Service Fees. Dealer reserves the right to retain possession of the motorcycle until all outstanding balances are paid in full. If a repair invoice remains unpaid and the motorcycle has not been retrieved within thirty (30) days of Dealer's initial notification to Customer that service has been completed, Dealer reserves the right to apply for title to the motorcycle pursuant to SDCL 32-3-68, or any successor statute. Dealer further reserves the right to pursue any and all additional legal remedies available under applicable South Dakota law for the recovery of unpaid repair costs, storage fees, and any associated collection costs, including reasonable attorney's fees. Dealer's election to pursue one remedy will not constitute a waiver of any other remedy available at law or under these Policies.

Deposits and Special Orders. A deposit of fifty percent (50%) of the estimated parts cost is required prior to ordering any special order parts or non-inventory tires. Deposits are non-refundable once an order has been placed. If Customer declines to authorize or complete the associated repair work after parts have been ordered, Customer will remain liable for the full cost of those parts. If Dealer is able to return the parts to the vendor, Customer will be responsible for any applicable return, shipping, handling, and restocking fees. If the parts cannot be returned, Customer must pay to Dealer the full purchase price.

Customer-Supplied Parts. Dealer may, in its sole discretion, agree to install parts supplied by Customer. Installation of Customer-supplied parts is performed entirely at Customer's risk. Dealer makes no warranty, express or implied, with respect to any Customer-supplied part, including as to fitment, compatibility, quality, or performance. If a Customer-supplied part proves to be incorrect, incompatible, defective, or otherwise unsuitable, Customer remains responsible for all labor charges incurred, including any additional labor required to remove, replace, or correct the resulting issue. Dealer assumes no liability for any damage to the motorcycle, its components, or any other property arising from the installation or use of Customer-supplied parts, whether or not such damage was foreseeable at the time of installation.

Pickup and Delivery Restrictions. Dealer reserves the right to suspend or cancel pickup and delivery services at its sole discretion when conditions are deemed unsafe for motorcycle transport, including but not limited to extreme cold, ice, snow, high winds, or other hazardous weather or road conditions. In such cases, Dealer will notify Customer promptly and work to arrange an alternative time.

Storage Fees for Unclaimed Motorcycle. Customer is responsible for retrieving their motorcycle within seventy-two (72) hours of being notified by Dealer that service has been completed. If Customer does not retrieve their motorcycle within seventy-two (72) hours of notification, a storage fee of $100 will be assessed. If the motorcycle has not been retrieved after thirty (30) days, an additional $300 fee will be assessed, followed by a $100 per month storage fee thereafter until the motorcycle is retrieved. In addition, if Customer’s motorcycle remains unclaimed and all outstanding balances remain unpaid for more than thirty (30) days, Dealer reserves the right to pursue all remedies available under Section 8, including, but not limited to, the right to apply for title to the motorcycle pursuant to SDCL 32-3-68. Storage fees will not apply where the delay in pickup is caused by hazardous road or weather conditions, as determined by Dealer.

Text Messaging and SMS Compliance. Any third-party text messaging program outside of SiteFlex approved implementation is not supported. If a dealership adds copy or content on their website about texting services that is NOT part of the standard SiteFlex SMS implementation, the legal and sole responsibility for SMS violations will fall on the dealership and/or third party who provides this text message service directly to the dealership. SiteFlex is not held responsible for any text messaging done by any third-party text message service.

Limited Warranty. Dealer warrants that all labor performed will be free from defects in workmanship for a period of thirty (30) days from the date of service completion. Such warranty is limited solely to the correction of the specific defect in workmanship identified, and Dealer’s sole obligation under this warranty is to re-perform the defective labor at no additional cost to Customer. Parts supplied by Dealer are covered only by the applicable manufacturer's warranty, if any. Dealer makes no independent warranty on parts and expressly disclaims any responsibility beyond facilitating the manufacturer's warranty process on Customer's behalf. Customer-supplied parts are excluded from all warranty coverage as set forth in Section 10. The warranties identified herein do not apply to, and Dealer expressly disclaims any responsibility for, conditions arising from or related to misuse, neglect, or abuse of the motorcycle, racing, competition, or other abnormal use, failure to follow recommended or prescribed maintenance schedules, modifications, alterations, or repairs not performed by Dealer, normal wear and tear, pre-existing conditions not caused, or intended to be fixed by Dealer, damage caused by acts of God, accident, or other events outside of Dealer's control.

Disclaimer of Implied Warranties. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DEALER EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. THE LIMITED WARRANTY SET FORTH ABOVE IS THE SOLE AND EXCLUSIVE WARRANTY PROVIDED BY DEALER IN CONNECTION WITH ANY SERVICES PERFORMED OR PARTS SUPPLIED BY DEALER.

Limitation of Liability. DEALER'S LIABILITY TO CUSTOMER FOR ANY CLAIM ARISING OUT OF OR RELATED TO SERVICES PERFORMED UNDER A WORK ORDER IS LIMITED TO THE AMOUNT PAID BY CUSTOMER FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM. IN NO EVENT WILL DEALER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOST PROFITS, OR OTHER ECONOMIC LOSS, EVEN IF DEALER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification. Customer will defend, indemnify, and hold harmless Dealer, its owners, employees, agents, and representatives from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorney's fees, arising out of or related to the ownership, possession, use, or operation of Customer’s motorcycle; any pre-existing defect or condition of the motorcycle not caused by Dealer’s work; Customer’s breach of any term or condition of the Work Order or these Policies; or the negligence or intentional misconduct of Customer or any third party operating the motorcycle with Customer’s permission. This indemnification obligation will not apply to claims arising solely from Dealer's own negligence or willful misconduct. Customer's indemnification obligations will survive the completion, termination, or expiration of any Work Order.

Miscellaneous. These Policies may not be changed, altered, or amended except by a written instrument signed by both Dealer and Customer. These Policies, together with the Work Order, constitute the entire agreement between Dealer and Customer with respect to the service work described therein and supersede all prior representations, understandings, and agreements, whether oral or written, relating to the subject matter hereof. Customer acknowledges having had adequate opportunity to review these Policies. These Policies will not be construed for or against either party by reason of authorship. No waiver by either party of any breach or default under these Policies will be deemed a waiver of any subsequent breach or default of a like or similar nature. No waiver will be effective unless made in writing and signed by the waiving party. If any provision of these Policies is held to be invalid or unenforceable, such provision will be limited only to the extent necessary to make it enforceable, and all remaining provisions will continue in full force and effect. No course of dealing, course of performance, usage of trade, or failure to enforce any provision of these Policies will be construed to modify or amend these Policies or waive any right of Dealer hereunder. Customer may not assign these Policies or any rights hereunder without the prior written consent of Dealer. The remedies set forth in these Policies are cumulative and in addition to any other remedies available to Dealer at law or in equity. Any notice required or permitted under these Policies will be deemed delivered when provided in person, sent by certified mail to the address identified in the Work Order, or transmitted by email or text message to the contact information provided by Customer at the time of service