Terms and Conditions of Service
THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT WAIVE THE RIGHT TO A COURT HEARING AND JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW OR IF YOU OPT-OUT.
Work Authorization & Responsibility for Vehicle Repairs and Storage: You, customer, acknowledge that the total estimate of
repairs include all parts, labor, handling and diagnosis and agree that if closer analysis find that additional repairs are necessary, you
agree to approve additional supplemental repairs to the vehicle identified in the Authorization to Repair (“Authorization”). You
understand that you will be contacted for authorization if the amount you must pay will be increased. You agree that you need not sign
for any other repair to be made so long as you have approved the repairs via telephone, text or email and/or the insurance company
representative authorizes the repairs. You acknowledge that acceptable forms of payment include insurance checks, cash, acceptable
debit and credit card, and/or cashiers’ checks. You understand that estimates and invoices are based upon flat rate hours not the actual
time spent on repairs. You understand that a flat rate hour is a unit of time assigned to a repair and that the actual time spent on the
repair can vary from the flat rate hour based upon a variety of factors including the experience of the employee performing the repair.
You authorize the repair of the vehicle by SDR Certified Collision Center, its employees, agents, assigns, or other authorized
personnel (referred to as “body shop” or “SDR”), together with the furnishing by SDR of the necessary parts and other material for
such repair and agree that SDR is not responsible for any delays caused by unavailability or delayed availability of parts or material
for any reason; that SDR neither assumes nor authorizes any other person to assume for SDR any liability in connection with such
repair; that SDR employees may operate the above vehicle on the streets, highways, or elsewhere for the purpose of testing and/or
inspecting such vehicle; than an express mechanic’s lien is hereby acknowledged on said vehicle to secure the amount of the repairs
thereto. You consent to subcontracting out certain work regarding the repair of your vehicle, at SDR’s discretion. If SDR does not
receive payment in full from the insurance company within 30 days of the notification of completion of repairs on the vehicle, or if the
insurance company denies payment for any repair or part thereof, you agree that you will pay the entire unpaid balance within 15 days
of billing. You understand that this is an agreement between you and SDR and that you are responsible for payment to SDR of any
and all cost and expenses to repair the vehicle. You further agree to reasonable attorney’s fees and court costs in the event that legal
action is necessary to enforce contract.
You agree that SDR may either drive or tow your vehicle to another repair facility owned and/or operated by SDR in Maryland. You
agree that all of the repairs or some of the repairs may be completed at this other location. Your vehicle will be driven or towed back
to the original location upon completion of all repairs for return to you.
Further, you agree that if you have provided your telephone number to SDR, including a mobile phone number, telephone number you later convert to a mobile phone number, or any other telephone number, you agree that SDR may contact you at these numbers. You
also agree to receive prerecorded messages, and autodialed calls and text messages (including SMS and MMS) at the numbers
provided. You further agree that upon notification by telephone, text or email that the repairs are completed, you will remove the
vehicle from the body shop premises within 48 hours or storage fees of $95.00 per day (or part of any day) will occur. Vehicles that
total will also incur $200.00 administrative fee along with daily storage rate.
Authorization to Access Vehicle Data: You understand that vehicles have become complex and that electronic data stored in vehicle
systems may assist in determining appropriate repairs and in ensuring the vehicle is functioning properly after completion of repairs.
You authorize SDR to access this data during the diagnosis and repair process. This may include historical vehicle and event data,
including in some cases, the date, time and mileage of when a Diagnostic Trouble Code was created. You agree that SDR may share
this information with others, including your insurance company, or as otherwise required or authorized by law. A factory scan tool
may not see every system on the vehicle being scanned for a variety of reasons including damage to the vehicle.
Aftermarket and Recycled Parts (If Applicable): Prior to commencement of the Scope of Work, you (or your insurance adjuster
and with your consent) have elected and authorized the use of Aftermarket or Recycled parts in the repair of your vehicle. Aftermarket
and Recycled parts (often referred to non OEM parts), in the repair of your vehicle may carry risks, including unknown risks as to
safety, crashworthiness, and/or ongoing performance of those parts and if a failure occurs may void a portion of your Factory
Warranty. The use of these parts are expressly against SDR’s professional advice and that of your vehicle’s manufacturer. Therefore,
you agree and acknowledge that SDR accepts no liability for the use of Aftermarket, Salvage, and/or any other type of Non-Original
Equipment Manufacturer (OEM) parts in the repair of your vehicle, and you agree to indemnify SDR and hold SDR harmless for any
and all actions, claims, or issues arising from or connected to the use of the Aftermarket, Salvage and/or Non-OEM parts in the repair
of your vehicle.
Insurance Payment to SDR: Certain, if not all, repairs listed on the attached Estimate(s) may be the subject of a claim made to the
insurance company(s). You authorize the insurance company to pay the body shop the full amount of the attached Estimate and any
supplemental Estimates approved by either you or the insurance company. The payment(s) for the repairs is to be paid directly to and
without any encumbrance to SDR. You understand that any payments received by you from any insurance company concerning the
Incident that lead to the damage of the vehicle are to be immediately turned over to SDR (except payments specifically naming
personal injury on the check)
Power of Attorney: For consideration of repairs made to this vehicle, the signatory to this agreement hereby grants a power of
attorney to sign or endorse checks and or drafts made payable to the signatory and any release thereto as settlement for insurance
claim for damage to this vehicle. If the order for repair is cancelled by you or your insurance, you will be responsible for the cost of
teardown, cost of parts and labor to replace items destroyed by teardown, and the cost to reassemble the vehicle. If for any other
reason, your vehicle is not repaired, or you decide to stop repairs after the repairs have begun the following charges will apply:
$200.00 Charge For Estimate, Labor charges at $55.00 per hour for work already performed, all tow bills, sublet bills, and a 30%
restocking fee on all parts ordered prior to cancellation.
Disclaimers: Under certain circumstances such as fire, theft, or other cause out of their control, SDR may not be responsible for loss
or damage to motor vehicle or articles left in the vehicle housed at an SDR facility. You have a right to ask a SDR representative about
the extent of its responsibility, including the extent of the insurance coverage of the automotive repair facility. SDR is not responsible
for valuables left in the vehicle including money, CDs, cell phones or other personal electronic devices, etc. Stone Chip: Vehicles are
prone to stone chips. Vehicles that also have extreme conditions such as driving on gravel roads can cause stone chips in paint as well.
SDR has a limited life time warranty on all refinished panels, however, Stone Chips or any other object that strikes the vehicles
refinish panel will not be covered. SDR does not warranty stone chip damage. SDR gives the option to remove existing stone chips on
the vehicle while the vehicle is in the shop for repairs. Most repair authorizations from Insurance companies do not warrant of
stripping, sanding, masking, priming, and sealing existing stone chips on painted panel relating to the claim. If defects in painted panel
and or part are not removed before refinishing, this may/and or will diminish the value of that painted part. SDR will not be held
responsible for painting over existing damage. Rust: If SDR completes a Rust Repair on your vehicle there is no warranty on the
repair due to the fact there is no time line for rust to return. SDR cuts and grinds all the rust from the vehicle and treats the area to slow
the process but unfortunately it will return no matter the steps SDR takes to slow it down.
Hold Harmless: You agree to hold harmless SDR from any claim of property damage to the Vehicle that is not subjected to the Scope
of Work noted on this authorization to repair form. You acknowledge that there are risks inherent with entering into SDR place of
business. You shall not enter into SDR shop (other than the reception area) without the express consent of a SDR employee. You
agree to hold harmless and indemnify SDR from and against any and all claims or causes of action for personal injury or property
damage suffered by you as a result of entering into an SDR place of business.
Integration Clause/Amendment Severability: This Authorization, together with all attachments as applicable and any written
amendment, constitutes the entire agreement between the parties. SDR may modify this Authorization, provided that such
modification shall not unilaterally amend the substantive terms of this Authorization. If any part of this Authorization is found invalid
or unenforceable by a court of competent jurisdiction, the remainder of this Authorization shall be interpreted so as to reasonably
effect the intention of the parties.
Arbitration and Class Action Waiver: This Authorization and any dispute arising out of or otherwise relating to this Authorization
or any matter concerning SDR (collectively “Disputes”) shall be governed exclusively by the laws of the State of Maryland,
excluding its conflict of law provisions. If a Dispute arises under this Authorization, you and we agree to first contact each other with
a written description of the Dispute, all relevant documents and information, and the proposed resolution. You agree to send SDR
written notice of such Dispute to: SDR, LLC, 10 Music Fair Road, Owings Mills MD 21117. If you and SDR are not able to resolve
such a Dispute, you and we each agree that any and all Disputes shall be resolved exclusively by arbitration administered by the
American Arbitration Association (the “AAA”) in accordance with its Commercial Arbitration Rules and, in the case of consumer
disputes, with the AAA’s Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”), in a location
convenient to you and in the state of service. Either party may commence the arbitration process by submitting a written demand for
arbitration with the AAA, and providing a copy to the other party. Judgment on the award rendered by the arbitrator(s) may be entered
in any court having jurisdiction thereof. Unless you opt out using the mechanism below, you expressly agree to refrain from
bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining
any claims in any class action or any class-wide arbitration.
YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A
JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION.
HOWEVER, YOU UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY
You shall have thirty (30) days from the date that you access the Site or submit your personally identifiable information (whichever
occurs first) to opt-out of this arbitration agreement. To opt out of arbitration you must contact SDR at 10 Music Fair Road, Owings
Mills, MD 21117. If more than thirty (30) days have passed, you are not eligible to opt out of arbitration.