VAST Performance LLC - First Call Auto — Terms & Conditions
Effective Date: [Month Day, Year]
Legal Entity: [VAST Performance, LLC, DBA, First Call Auto Care] (“VAST Performance LLC - First Call Auto,” “we,” “us,” or “our”)
Contact: [[email protected]] | +1 248-970-1478
Address: 29444 Woodward Ave, Royal Oak, MI 48073
Website: [vastperformance.info] (the “Site”)
Services: Automotive diagnostics, maintenance, and repair, and related products and services (the “Services”).
1) Acceptance of Terms
By accessing the Site, booking an appointment, or receiving Services, you agree to these Terms & Conditions (“Terms”). If you do not agree, do not use the Site or Services. We may update these Terms at any time by posting a revised version with the Effective Date above.
2) Eligibility; U.S. Use
The Site and Services are intended for U.S. customers aged 18+. If you access from outside the U.S., you do so at your own risk and are responsible for compliance with local laws.
3) Quotes, Estimates & Authorizations
Estimates: Any prices we provide before inspection are good-faith estimates and may change after diagnostics or teardown. We will seek your approval for material changes.
Diagnostics/Teardown: You authorize us to perform reasonable inspections/diagnostics to provide an accurate estimate; diagnostic fees may apply.
Repairs: No work begins without your approval (written, email, SMS, recorded call, e-signature, or in-person).
Declined Work: If you decline recommended work after teardown/diagnostics, reassembly fees and/or tow-off charges may apply.
4) Parts, Labor & Warranties
Parts: We may use OEM, OES, or high-quality aftermarket parts, as appropriate.
Customer-Supplied Parts: We may, at our discretion, install customer-supplied parts as-is without warranty and with additional labor rates; we are not responsible for part defects or delays.
Labor Warranty: Unless otherwise stated in writing, our labor warranty is [12 months or 12,000 miles], whichever occurs first, from the date of service.
Parts Warranty: Manufacturer warranties apply to covered parts per their terms; exclusions may apply.
Exclusions: Wear items, fluids, alignment after suspension settling, performance modifications, racing/track use, misuse/abuse, neglect, pre-existing or unrelated conditions, and consequential damages are excluded.
5) Payments, Late Fees & Chargebacks
Payment Due: Payment is due in full upon completion/prior to vehicle release. We accept [cash/major cards/contactless/financing—edit as applicable].
Deposits: Certain parts/special orders may require a non-refundable deposit.
Storage: Vehicles left more than 3 business days after completion may incur reasonable daily storage fees.
Returned/Chargeback: You agree not to dispute legitimate charges. Unresolved chargebacks may be sent to collections with allowable fees.
6) Lien & Right of Possession
We retain a mechanic’s lien and the right to retain possession of your vehicle until all charges, fees, and authorized amounts are paid.
7) Road Testing, Data Access & Telemetry
You authorize reasonable road testing of the vehicle. To diagnose or verify repairs, we may connect scan tools, access fault codes, and collect limited operational data. We do not alter odometer readings or vehicle firmware unless explicitly authorized (e.g., TSB/updates).
8) Risk of Loss; Towing
Vehicles in our care are covered by our ordinary-care practices; however, risk of loss may remain with the owner for events outside our reasonable control (e.g., severe weather). Towing services we arrange may be provided by independent contractors; you agree that their terms and liability limits apply.
9) Core Returns & Parts Disposal
Unless you request return of replaced parts at drop-off/authorization, removed parts may be scrapped or returned as cores. Hazardous waste and shop supply fees may apply per law and industry practice.
10) Customer Responsibilities
Provide accurate contact info, describe symptoms/history, and remove valuables. We are not responsible for personal items left in the vehicle. Please keep your phone and email reachable for approvals.
11) Promotions & Coupons
Any promos/discounts cannot be combined unless stated. Promos may exclude diagnostics, taxes/fees, special-order parts, or performance work. We may end promotions at any time.
12) SMS/Text Messaging Terms (A2P/10DLC)
When you provide your phone number and consent, you may receive texts about your inquiry, appointments, service updates, and occasional promotions.
Opt-In: You consent by submitting your number and agreeing to receive texts. Consent is not a condition of purchase.
Frequency: Message frequency varies.
Cost: Msg & data rates may apply.
Opt-Out: Text STOP to end. We’ll confirm your opt-out. Other accepted keywords: END, CANCEL, UNSUBSCRIBE, QUIT.
Help: Text HELP or email [email protected] for assistance.
Carriers: Supported carriers may vary. Carriers are not liable for delayed or undelivered messages.
Data Use: Phone numbers and messaging preferences are handled per our Privacy Policy.
We may modify or terminate the program at any time by updating these Terms.
13) Website Use & Intellectual Property
IP Ownership: The Site, including text, logos, graphics, photos, videos, and software, is owned by us or our licensors and protected by IP laws.
License: We grant you a limited, revocable, non-transferable license to use the Site for personal, non-commercial purposes.
Prohibited Use: Do not misuse the Site (e.g., scraping, reverse-engineering, security probing, automated access, infringing or unlawful content).
User Content: If you submit reviews/photos/testimonials, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, and display them in connection with the Site and Services, subject to our Privacy Policy.
14) Third-Party Links & Tools
The Site may link to third-party sites or tools (e.g., payment processors, booking platforms). We are not responsible for their content or practices; their terms and privacy policies apply.
15) Disclaimers
EXCEPT AS EXPRESSLY STATED IN A WRITTEN WARRANTY, THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
16) Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIRST CALL AUTO, ITS OWNERS, EMPLOYEES, AND CONTRACTORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOSS OF USE, DATA, PROFITS, OR VEHICLE-RELATED DIMINUTION OF VALUE, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SITE OR SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM.
Some states do not allow certain limitations; some provisions may not apply to you.
17) Indemnification
You agree to indemnify and hold harmless First Call Auto and its personnel from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from your (a) use of the Site or Services, (b) breach of these Terms, or (c) violation of law or third-party rights.
18) Photos, Video & Marketing Use
For quality assurance and fraud prevention, we may photograph/record vehicles and parts. With your consent (verbal/written/SMS), we may use non-identifying before/after images for marketing. You can opt out by telling us at drop-off or emailing [email protected].
19) Privacy
Your use of the Site and Services is also governed by our Privacy Policy, which explains how we collect, use, and share information, and includes our SMS program disclosures. Please review it carefully: [link to your Privacy Policy].
20) E-Sign & Communications Consent
You agree that we may provide disclosures and obtain approvals electronically (email, SMS, e-signature). You confirm you can access and retain electronic records and will keep your contact info current.
21) Governing Law; Dispute Resolution; Class-Action Waiver
Governing Law: These Terms are governed by the laws of the State of Michigan, without regard to conflicts principles.
Informal Resolution: Contact us first at [email protected] to try to resolve any dispute.
Arbitration: Any dispute arising out of or relating to these Terms, the Site, or Services will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Venue will be Oakland County, Michigan. The arbitrator may award individual relief only.
Class-Action/Jury Waiver: YOU AND WE AGREE TO RESOLVE DISPUTES ONLY ON AN INDIVIDUAL BASIS—NO CLASS ACTIONS OR CLASS ARBITRATIONS. YOU ALSO WAIVE ANY RIGHT TO A JURY TRIAL.
Small Claims: Either party may bring qualifying claims in small-claims court in Oakland County, MI.
22) Force Majeure
We are not liable for delays or failures caused by events beyond our reasonable control (e.g., severe weather, supply chain disruptions, labor issues, power outages, or acts of government).
23) Severability; Assignment; Entire Agreement
If any provision is found unenforceable, it will be limited to the minimum extent necessary and the remainder will remain in effect. You may not assign these Terms without our consent; we may assign them in connection with a merger, asset sale, or corporate reorganization. These Terms, together with the Privacy Policy and any service authorization you sign, constitute the entire agreement between you and us.
24) Changes to Terms
We may modify these Terms at any time by posting an updated version with a new Effective Date. Continued use of the Site or Services after changes means you accept the updated Terms.
25) Contact Us
VAST Performance LLC - First Call Auto
29444 Woodward Ave, Royal Oak, MI 48073
+1 248-970-1478
[email protected]