Caliber Collision Warranty Details

TERMS AND CONDITIONS OF REPAIR SERVICES


1. DISPUTE SETTLEMENT AND ARBITRATION. CUSTOMER & CALIBER ACKNOWLEDGE AND
AGREE THAT IN THE EVENT A DISPUTE OR CONTROVERSY ARISES CONCERNING THIS
AGREEMENT OR THE REPAIRS TO THE VEHICLE, CUSTOMER & CALIBER SHALL FIRST
ATTEMPT IN GOOD FAITH TO SETTLE THE DISPUTE BY MEDIATION ADMINISTERED BY THE
AMERICAN ARBITRATION ASSOCIATION UNDER ITS CONSUMER OR COMMERCIAL
MEDIATION PROCEDURES, AS APPLICABLE. IN THE EVENT THAT THE MATTER IS NOT
SETTLED BY MEDIATION AS PROVIDED FOR IN THIS PARAGRAPH, CUSTOMER & CALIBER
AGREE THAT SUCH DISPUTE OR CONTROVERSY SHALL BE RESOLVED BY BINDING
ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS
CONSUMER OR COMMERCIAL ARBITRATION RULES, AS APPLICABLE. CUSTOMER HEREBY
ACKNOWLEDGES THAT A COPY OF SUCH RULES, A GUIDE TO THE APPLICABLE PROCEDURES
AND INFORMATION NOTING THE NEAREST AMERICAN ARBITRATION ASSOCIATION
LOCATION IS AVAILABLE FOR CUSTOMER’S REVIEW AT www.adr.org/aaa/faces/rules. CUSTOMER
MAY ALSO CONTACT THE AMERICAN ARBITRATION ASSOCIATION AT 212-484-4181 or
888- 855-9575. JUDGMENT ON THE ARBITRATION AWARD RENDERED BY THE ARBITRATOR
MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. IF EITHER
CUSTOMER OR CALIBER ELECTS TO RESOLVE A CLAIM BY ARBITRATION, THAT
CLAIM SHALL BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS. THERE SHALL BE NO
RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED ON A CLASS ACTION BASIS OR
ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY,
WHETHER ON BEHALF OF THE GENERAL PUBLIC, OTHER CALIBER CUSTOMERS OR
OTHER PERSONS SIMILARLY SITUATED. NOTWITHSTANDING THE FOREGOING, CALIBER
AND CUSTOMER AGREE THAT CLAIMS ARISING UNDER THE MAGNUSON-MOSS
WARRANTY ACT (“MMWA”), SHALL BE MEDIATED BUT SHALL NOT BE ARBITRATED. IF
MEDIATION DOES NOT RESOLVE A CLAIM UNDER THE MMWA, THE CUSTOMER MAY
PURSUE THE MMWA CLAIM, AND ONLY THE MMWA CLAIM, IN COURT. ANY CLAIMS NOT
UNDER THE MMWA SHALL BE ARBITRATED AS SET FORTH HEREIN. IN THE EVENT THE
CUSTOMER DOES BRING AN MMWA CLAIM IN COURT, CUSTOMER AND CALIBER EXPRESSLY
WAIVE THEIR RIGHT TO A TRIAL BY JURY AS TO SUCH CLAIM.


2. Limited Warranty. Subject to the obligations and exclusions below, Caliber warrants the repairs against defects
in materials and workmanship for the applicable period of time set forth in Section 2(A) During such time,
Caliber will repair or replace any parts which prove to be defective by reason of improper workmanship or
materials without charge for parts or labor relating thereto, subject to the terms and conditions herein, including,
but not limited to Section 2(C) below. All warranty repairs must be performed at one of Caliber’s facilities. If
the vehicle is outside Caliber’s market area, the warranty repairs may be performed at any repair facility
nationwide that is approved in advance by Caliber.


A. Warranty Period. Non-Transferability & Non-Assignability. Except as otherwise provided herein,
Caliber warrants the repairs and paint only to Customer and for only as long as Customer owns the
vehicle, but in no event for less than sixty (60) days. Customer may not expressly or implicitly transfer
or assign any rights granted under this limited warranty.


B. Defects in Manufacturer’s Parts, Material or Accessories. In certain instances Caliber may use
parts, materials or accessories in its repairs that have been procured from third-party manufacturers
and/or suppliers. In such instances, Caliber warrants such parts, materials or accessories only to the
extent that the third-party manufacturer or supplier’s warranties apply to Caliber.


C. Limitations and Exclusions. This limited warranty does not apply to repairs necessitated by any cause
beyond the reasonable control of Caliber, including any defects, damage or malfunctions caused by or
resulting from unauthorized service or parts, improper or inadequate vehicle maintenance, use for
which any parts or accessories were not designed or approved, alterations, accidents, modification of
repairs, subsequent repairs performed by a party other than Caliber (except as set forth in this Section2), abuse, misuse, neglect, or acts of God. Any and all disputes related to this section shall be resolved according to the procedures set forth in Paragraph 1 above.


D. Environmental Damage. This limited warranty does not apply to damage caused by chemicals, tree
sap, road salt, sand, rocks, pebbles, hail, windstorms, sun, pollution or other environmental factors or
road hazards that may damage cloth, leather, plastic, wood, vinyl, paint, chrome, upholstery and/or
convertible tops.


E. Waiver of Right to Return of Replaced Auto Parts. By entering into this agreement Customer
waives any right to the return of auto parts replaced by Caliber and Customer agrees that all parts
replaced under this limited warranty shall become the property of Caliber. If you do not wish to
waive your rights to return of replaced parts, please inform the center manager before you sign this
document so that we may make appropriate arrangements.


3. DISCLAIMERS. THE FOREGOING PARAGRAPH 2 IS THE COMPLETE LIMITED WARRANTY FOR
CALIBER REPAIRS AND SUPERSEDES ALL OTHER WARRANTIES AND REPRESENTATIONS,
WHETHER ORAL OR WRITTEN. EXCEPT AS EXPRESSLY SET FORTH ABOVE, NO OTHER
EXPRESS WARRANTIES ARE MADE WITH RESPECT TO CALIBER REPAIRS IN NO EVENT WILL
CALIBER BE LIABLE TO THE CUSTOMER OF THE VEHICLE DESCRIBED IN THIS AGREEMENT,
FOR ANY COMMERCIAL DAMAGES, EXPENSES, LOST REVENUES, LOST SAVINGS OR ANY
OTHER SPECIAL, INDIRECT INCIDENTAL OR CONSEQUENTIAL LOSSES OF A COMMERCIAL
NATUREWHATSOEVER, EVEN IF CALIBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. TO THE EXTENT THAT ANY PART OF THIS LIMITED WARRANTY IS IN CONFLICT
WITH APPLICABLE LAW, CALIBER WILL FOLLOW APPLICABLE LAW.


4. Entire Agreement, Headings, Validity. Customer acknowledges that he/she has not been induced to authorize
repairs by any representation or warranty not set forth in this agreement. This is the entire agreement between
Caliber & Customer, and supersedes all existing agreements and all other oral or written communication
between them concerning its subject matter. This agreement may only be modified in writing, signed by
Caliber & Customer, either through manual or digital signatures.