1. Acceptance by the customer (“Customer”) named on the front of the estimate (“Estimate”) or invoice (“Invoice”) delivered to Customer by Noble Truck and Diesel Repair LLC (“Noble” or “Company”) of any of the services, parts and/or products listed on such Estimate, and shown on any resulting Invoice, shall constitute acceptance by Customer of all terms and conditions contained herein.  Estimates are valid only for 30 days from the date of an Estimate.  If Company determines that different or additional repairs are indicated, Customer will be contacted for authorization to make such additional repairs, which authorization may be given by Customer verbally or in written form, including email.  Noble will use reasonable efforts to obtain reimbursement on Customer’s behalf for replacement of certain core parts that may be eligible for manufacturer’s reimbursement and will promptly remit to Customer any such reimbursements so received by Noble.  However, no assurance is given or implied that any such reimbursements will be offered or available.  Customer shall be responsible for all such costs and charges in accordance with the terms hereof without regard to possible manufacturer’s reimbursement.  Noble is not responsible for any loss, damage, or other liability caused by, arising from, or related to repair or maintenance work recommended by Noble that is declined by Customer. Customer agrees that Company employees may operate Customer’s vehicle for purposes of facilitating the repairs, including but not limited to diagnosing, road testing, and sublet services.  
2. Payment terms are set forth on the front of the Estimate, unless otherwise established in writing through Noble’s credit approval process.  Customer agrees that, if the Invoice resulting from such Estimate is not paid according to the terms of the Estimate or, in any event, within ten (10) days after Company has notified the Customer that the repairs are completed, Customer’s account shall be deemed delinquent and subject to:  a) suspension of the repair and warranty privileges described below; b) acceleration of any outstanding balance in Customer’s account; c) a monthly late charge equal to the maximum legal interest rate; d) re-evaluation and possible downgrading of credit terms; and, e) such other and further legal action as may be permitted under applicable law, including mechanic’s lien sale, all in Company’s sole discretion.  In the event that Customer’s account is turned over to an attorney or collection agency for collection, Customer agrees to pay all costs of collection, including without limitation, costs of court and reasonable attorney’s fees.

3. LIMITED WARRANTY.  SERVICES:  Company warrants that the services will be performed in a good and workmanlike manner (“Services Warranty”).  The Services Warranty is valid for a period of 90 days from the date the services are completed. Customer’s sole and exclusive remedy, and Company’s entire liability under the Services Warranty, is the repair of any nonconforming portion of the Services. The Services Warranty is valid only if the vehicle is returned, at Customer’s expense, to one of Company’s facility. The Services Warranty is valid only for the Customer for whom the Services were provided and not any subsequent purchaser. 

PARTS:  MANUFACTURER WARRANTIES ONLY.  All warranties on parts sold, installed or delivered to Customer are limited only to those written warranties provided by the applicable part manufacturer.  

NO OTHER WARRANTIES:  EXCEPT AS SET FORTH ABOVE, NOBLE MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, FOR ANY PRODUCT SOLD OR SERVICE PROVIDED BY COMPANY TO CUSTOMER, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. IN NO EVENT SHALL NOBLE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF ANTICIPATED PROFITS OR BENEFITS, ARISING OUT OF ANY BREACH OF THESE TERMS AND CONDITIONS OR OTHERWISE. CUSTOMER’S SOLE AND EXCLUSIVE REMEDY SHALL BE LIMITED TO THAT SET FORTH HEREIN, WHICH SHALL NOT EXCEED THE AMOUNT PAID FOR THE SERVICES AND PARTS PURCHASED PURSUANT HERETO.  

Additionally, the warranties described above generally do not apply and may be voided if the damage or defect results from:  a) failure to follow proper operating instructions; b) any negligence, mishandling, or accident by Customer; c) Customer’s use of unauthorized parts or service; or, d) if the part has been altered in any way, including without limitation, those that have been tampered with.

4. Customer hereby grants to Company a mechanic’s lien on any vehicle serviced by Company and a security interest in and to any parts accepted by Customer, and the proceeds and products therefrom.  Customer hereby appoints and empowers Company, or any employee of Company which may be designated for such purpose, as its attorney-in-fact to execute on Customer’s behalf any financing statements or other documents which Company, in its sole discretion, determines to be necessary to be filed in order to perfect or preserve the perfection of Company’s lien and security interest rights granted hereby.  Said security interest shall be deemed coupled with an interest and irrevocable.

5. Any matters relating hereto shall be interpreted and construed in accordance with the laws of the State of Texas, except for its conflict of laws principles, and venue for any actions arising hereunder shall be had only in Harris County, Texas.

6. This constitutes the entire agreement between Company and Customer and the same can be modified only with the written approval of both Company’s authorized representative and Customer. In the event of a conflict between these terms and conditions and any terms contained on any Customer Purchase Order, the terms and conditions contained herein will prevail.  No course of dealing and no delay or omission on the part of Company in exercising any right hereunder shall operate as a waiver of such right or any other right.

7. Company is not responsible for loss or damage to the vehicle or any contents (including without limitation, personal property or cargo), except in the event of the gross negligence of the Company.  

8. All charges for repairs including labor, parts and other materials furnished to Customer are due and payable upon completion of the repairs.  If the vehicle described herein is not picked up within three (3) days after notice of completion is given to Customer (which notice can be verbal or via email), Noble may charge daily storage fees at rates that are ordinary and customary for the area, but not to exceed the lesser of $50.00 per day or the maximum rate allowable by applicable law.  The vehicle will not be released to Customer unless and until all outstanding charges are paid in full, unless otherwise established for Customer in writing through Noble’s credit approval process

9. No waiver of any term of this Agreement shall be valid unless it is in writing and signed by Company’s authorized representative. If any provision or part of any provision of this Agreement shall be deemed to violate any applicable law or regulation, the remainder of the Agreement shall remain binding and in force and the offending provision shall be deemed modified to most closely resemble the original intent of this Agreement.  

10. Company may use information Customer provides Company, including but not limited to email addresses and phone numbers (“Customer Data”) to contact Customer for purposes related to this account, including debt collection, and for marketing and sales purposes.  In addition, Customer Data and vehicle maintenance service and repair information arising from or created as a result of maintenance and repair services provided by Company to Customer, including vehicle owner information, vehicle identification numbers and vehicle specifications (“Vehicle Repair Data”), may be provided to vehicle/component manufacturer(s) and the vehicle/component manufacturer(s) dealers, and their respective service management platform providers (“Maintenance Third Parties”) and used by Company and such Maintenance Third Parties to support and enhance vehicle repair services provided to Company and the Maintenance Third Parties’ customers.  Customer hereby authorize Company, its affiliates and the Maintenance Third Parties to use and disclose Customer Data and Vehicle Repair Data to third parties for any purpose in an anonymous or aggregated form that does not identify Customer.