Terms and Conditions of Maintenance and Repair Services
1. Parties to this Agreement; Definitions. As used in this Agreement, the terms: (a) “Rush” shall mean RUSH TRUCK CENTRES OF CANADA LIMITED; (b) “Customer” shall mean the Customer identified in the service authorization, estimate, work order, online request or other ordering document (the “Ordering Document”); (c) “Manufacturer(s)” shall mean the entity or entities that manufactured the Parts used in the Services; (d) “Part(s)” shall mean the new and/or used parts, components, accessories or materials used in the Services; and (e) “Services” means the repair and/or maintenance services performed by Rush for Customer, together with the Parts.
2. WARRANTY DISCLAIMERS AND LIMITATIONS
LIMITED WARRANTY ON SERVICES: Rush 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 performed. Customer’s sole and exclusive remedy, and Rush’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 Rush’s repair facilities. Any claim for repairs to be performed by other than a Rush facility must be approved in writing by Rush prior to commencement of any work, failing which, the Services Warranty shall be void. The Services Warranty extends only to the Customer for whom the Services were provided and not any subsequent purchaser or other person. RUSH PROVIDES NO OTHER WARRANTIES CONCERNING ITS SERVICES AND DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED.
PARTS – MANUFACTURER WARRANTIES ONLY: Any warranties on any Parts are limited only to those written warranties provided by the applicable Manufacturer. EXCEPT FOR ANY SUCH WARRANTIES MADE BY MANUFACTURERS, THE PARTS ARE SOLD WITHOUT ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EACH OF WHICH IS EXPRESSLY DISCLAIMED.
NO OTHER WARRANTIES: EXCEPT AS SET FORTH ABOVE, RUSH EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. Rush neither assumes nor authorizes any other person to assume for it any liability in connection with the Services or any Parts provided to Customer in conjunction with the Services.
3. Rates; Authorization; Additional Repairs. Rush’s charges for labour are not based on actual mechanic’s time, but are established by multiplying Rush’s labour rate by industry time allowances or Rush’s own judgment of the time to be charged. If an estimate is provided, Customer will not be charged more than the estimated price approved by Customer. Any estimates are provided subject to tear-down and inspection; if Rush discovers that different or additional repairs are indicated, Customer will be contacted for authorization to make such additional repairs. Authorization may be given by Customer orally or in written form, including email. In the event that Customer authorizes commencement but does not authorize completion of a repair or service, a charge will be imposed for disassembly, reassembly, and/or partially completed work. Such charge will be directly related to the actual amount of mechanic’s time and/or Parts involved in the inspection, repair, or service performed. Rush will submit warranty claims on behalf of Customer for Manufacturers for whom it is authorized to perform warranty service; however, Customer understands and agrees that it is responsible for full payment for any Services provided that are not covered by warranty. Rush is not responsible for any loss, damage, or other liability caused by, arising from, or related to repair or maintenance work recommended by Rush that is declined by Customer. Customer agrees that Rush employees may operate Customer’s vehicle for purposes of facilitating the repairs, including but not limited to diagnosing, road testing, and sublet services. Rush is not responsible for any delays caused by unavailability or delayed availability of Parts or any other reason.
4. OEM Parts. Customer acknowledges that estimates for non-warranty repairs may include Parts not made by the original Manufacturer. Parts used in the non-warranty repair of customer’s vehicle by other than the original Manufacturer are required to be reasonably similar in like kind and quality in terms of fit, quality and performance to the original Manufacturer Parts they are replacing.
5. Sublet Repairs. Customer acknowledges that portions of the repairs may be provided by a subcontractor hired by Rush, and Customer hereby authorizes all sublet repairs that Rush, in its sole discretion, may deem necessary.
6. Damage; Theft. Rush is not responsible for loss of or damage to Customer’s vehicle or other article due to or arising from fire, weather, theft or any other cause except to the extent such loss or damage arises directly and exclusively from the sole negligence of Rush. Rush is not responsible for any loss or damage to articles of personal property that have been left in Customer’s vehicle or for loss or damage to bodies, trailers, or special equipment, including any cargo, materials or supplies carried on or in such bodies, trailers or special equipment, whatever the cause.
7. Payment; Storage Fees. All charges for repairs including labour and materials furnished are due and payable simultaneously with the delivery of the within described vehicle or prior to delivery upon the expiration of three (3) days after notice to Customer that the repairs have been completed. If the vehicle described herein is not picked up within three (3) days after such notice is given, Customer agrees that Rush may charge daily storage fees at rates that are ordinary and customary for the area, but not to exceed $50.00 per day.
8. Repairer’s Lien; Lien Sale; Collection. In addition to (and without limitation to) any and all other legal remedies available to Rush, Customer authorizes and acknowledges an express repairer’s lien in favor of Rush on any vehicle or other article provided to Rush for repair in accordance with the Repair and Storage Liens Act, R.S.O. 1990, c. R.25 (“RSLA”). Rush may avail itself of any and all applicable repair and storage lien remedies available by the RSLA including without limitation retention or sale of Customer’s vehicle and/or article.
9. Governing Law; Venue; Time to Commence Action. This Agreement and all matters arising out of or relating to this Agreement are governed by, and construed in accordance with, the laws of the Province of Ontario, and the federal laws of Canada applicable therein without regard to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the Province of Ontario. Rush and Customer agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. The mandatory venue for any claim, litigation, civil action, or any other legal or administrative proceeding (“Action”) involving any controversy or claim between or among the parties to this Agreement, is exclusively Ontario, Canada. Rush and Customer agree that Customer has one (1) year from the accrual of any cause of action arising from the purchase of the Services to commence an Action against Rush, and that such limitation period is intended to vary and abridge any limitation period that would otherwise apply under the Limitations Act, 2002 S.O. 2002, c. 24, Sched. B (other than the ultimate limitation period provided in Section 15 of such Act).
10. LIMITATION OF DAMAGES. CUSTOMER AGREES THAT IN THE EVENT OF ANY ACTION BROUGHT BY CUSTOMER AGAINST RUSH, CUSTOMER SHALL NOT BE ENTITLED TO RECOVER ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO INDIRECT OR SPECIAL DAMAGES, LOSS OF INCOME OR ANTICIPATED PROFITS, OR DOWN-TIME, OR ANY PUNITIVE DAMAGES.
11. Waiver; Severability; Entire Agreement. No waiver of any term of this Agreement shall be valid unless it is in writing and signed by Rush’s authorized representative. If any provision or part of any provision of this Agreement shall be deemed to violate any applicable law or regulation, such invalid provision or part of a provision shall be inapplicable, BUT the remaining part of that provision and the remainder of the Agreement shall continue to be binding and enforceable. This Agreement together with the applicable Ordering Document constitutes the entire agreement and understanding between the parties hereto and supersedes any and all prior agreements and understandings, oral or written, relating to the subject matter hereof.
12. Communication Consent; Use of Customer Data; Privacy. Rush may use information Customer provides to Rush, including but not limited to email addresses, cell phone numbers, and landline numbers (“Customer Data”) to contact Customer for purposes related to this account, including debt collection, and for marketing and sales purposes. You also authorize Rush and its affiliates to use and disclose Customer Data to third parties for any purpose in an anonymous or aggregated form that does not identify Customer. 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 Rush 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 Rush and such Maintenance Third Parties to support and enhance vehicle repair services provided to Rush and the Maintenance Third Parties’ customers. You also authorize Rush and the Maintenance Third Parties to use and disclose Vehicle Repair Data to third parties for any purpose in an anonymous or aggregated form that does not identify Customer. In respect of any Customer Data that may be considered “personal information” in accordance with applicable law, Customer consents to the collection, use and disclosure of Customer’s personal information in accordance with this section 12.
13. Payment Obligation and Ownership. Customer is obligated to pay for the services described by the Ordering Document. Customer represents that Customer is the owner of the vehicle(s) authorized for repair or is authorized on behalf of the owner of such vehicle(s) to provide such authorization. If Customer is not the owner of any of such vehicle(s) and is acting as an agent of the owner, Customer will, concurrently with the signing of the Ordering Document provide the name and contact information of the applicable owner in writing to Rush.
14. Updates. Rush may from time to time update this Agreement without notice by posting a new version of this Agreement publicly and will indicate the applicable revision date herein.
Canada Service Terms_Rev. 07072022