Terms of Service

Purpose and Scope:

These Terms of Service (“Terms”) govern the relationship between Visionary Automotive LLC (“Company,” “we,” “us,” or “our”) and the customers who use our mobile mechanic services (“Customer,” “you,” or “your”). By requesting, scheduling, or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

1. Acceptance of Terms

By scheduling or receiving services, you agree to these Terms. If you do not agree, you may not use our services. We may amend these Terms at any time by posting the updated version on our website. Continued use of our services after revisions constitutes acceptance.

2. Definitions

“Mobile Mechanic Services”: Vehicle repair and maintenance performed by Visionary Automotive at a customer-specified location.
“Cancellation Fee”: Fee charged for cancellations with less than 24 hours’ notice or customer no-shows.
“Authorization”: Written, electronic, or verbal consent for service.
“Intellectual Property”: All creative works, logos, images, and text owned by Visionary Automotive.
“Arbitration”: Dispute resolution conducted by a neutral arbitrator under the American Arbitration Association (AAA).
“Severability Clause”: Ensures enforceability of remaining Terms if a portion is invalid.
“Termination of Services”: Ending of services due to customer non-compliance or Company discretion.

3. Services

Visionary Automotive provides diagnostics, repairs, maintenance, and inspections. Specific services are confirmed during scheduling.

We may refuse or discontinue service at our sole discretion, including but not limited to unsafe work conditions, customer misconduct, or failure to authorize necessary work. Refusal does not entitle the Customer to damages.

4. Appointments & Cancellations

Appointments may be scheduled via website, phone, email, or Yelp at least 2 business days in advance.
Cancellations must be made at least 24 hours prior to the appointment.
Cancellations with less than 24 hours’ notice, or no-shows, may incur a $25 Cancellation Fee.
Dispatch/Booking Fees are non-refundable once a technician has been dispatched.

Contact:
📧 scheduling@visionaryauto.com
📱 (408) 529-1026

5. Estimates & Authorizations

Written estimates are provided before service, including labor, parts, and excluding taxes, shop supplies, environmental/disposal fees, and mobile dispatch fees unless otherwise stated.
Estimates expire after 14 days.
Parts are new unless specified as used/rebuilt.
Estimates may change following further inspection.
No work will be performed without customer authorization (written, text/email, or verbal).
Any additional costs beyond the initial estimate require separate authorization.
Authority. Customer represents and warrants that they are the owner of the vehicle or have full authority from the owner/lessee to approve services and charges.

6. California Automotive Repair Compliance

Visionary Automotive complies with the California Automotive Repair Act. Customers are entitled to:

A written estimate and a “not-to-exceed” amount before work.
A separate authorization for any additional work or price increase.
Return of replaced parts upon request (except warranty/cores).
Use of electronic signatures and authorizations.

7. Invoices & Payment

An itemized invoice will be provided upon completion.
Payment is due in full upon completion.
Accepted forms: Cash, Check, or Electronic Payment.
Returned checks incur a $35 fee.
Overdue balances accrue 1.5% per month (18% APR) or the maximum allowed by law.
Customer agrees not to initiate a chargeback without first allowing the Company to address the concern.
The Company may assert a mechanic’s lien on vehicles in its possession and charge reasonable storage fees beginning 48 hours after notice of completion.

8. Diagnostics

Diagnostics are a standalone professional service. Some faults are intermittent or multi-causal. Recommendations may require sequential testing or multiple repairs. No guarantee is made that a single visit will resolve all issues.

9. Limited Warranty, Refunds & Returns

Labor Warranty: 12 months from date of service.
Parts Warranty: Limited to the manufacturer’s warranty. The Company is not responsible if the manufacturer denies coverage, delays replacement, or provides limited remedies.
Exclusive Remedy: Customer’s sole remedy for defective workmanship is re-performance of the service, with up to two (2) reasonable attempts. Refunds will be considered only if the defect cannot reasonably be corrected, and never exceed labor originally paid. Refunds are at the Company’s sole discretion.
Refund Requests: Must be submitted within 30 days of service completion.
Customer-Supplied Parts: No warranty applies to work where the Customer supplies parts. Customer assumes all risks and indemnifies the Company for resulting damage.
Declined/Deferred Work: Warranty does not apply to conditions related to declined recommended repairs or to new conditions arising after service.
Warranty Exclusions: Misuse, neglect, accidents, modifications, normal wear, unrelated preexisting conditions, or incidental/consequential damages (including towing, rentals, loss of income, or diminished value).

10. Customer Responsibilities

Provide a safe, level, and lawful workspace.
Ensure compliance with HOA/municipal restrictions. Customer is responsible for fines, citations, or access issues.
Disclose all known issues.
Secure personal items, aftermarket devices, and vehicle data.
Road-Test Consent & Risk. Customer authorizes Company personnel to operate the vehicle for testing. Vehicles with critical faults may suffer additional damage during operation; the Company is not liable for such damage unless caused by gross negligence or willful misconduct.

11. Limitation of Liability

To the maximum extent permitted by law:

The Company shall not be liable for indirect, incidental, consequential, punitive, or special damages (including loss of use, income, data, or property).
Customer acknowledges mobile services may involve fluids/equipment on property; the Company is not responsible for property damage unless caused by gross negligence or willful misconduct.
No Limitation for Certain Claims. Nothing in these Terms limits liability for gross negligence, willful misconduct, or personal injury where such limitation is prohibited by law.
Total liability for any claim (contract, tort, or otherwise) shall not exceed the amount paid for the disputed service.

12. Indemnification

Customer agrees to indemnify and hold harmless the Company, its employees, contractors, and agents from all claims, damages, losses, or expenses (including attorney’s fees) arising from Customer’s use of services, breach of these Terms, unsafe site conditions, or provision of customer-supplied parts.

13. Documentation & Privacy

Customer consents to the Company creating and retaining photos, videos, and diagnostic data of the vehicle and worksite to document condition and services performed. Records may be used to defend claims, comply with law, and improve service.

Our Privacy Policy governs further use of personal information.

14. Intellectual Property & Reviews

All content, logos, text, images, and media are property of Visionary Automotive and may not be copied, reproduced, or distributed without written permission.

With customer consent, the Company may use non-identifying photos or testimonials for marketing. Consent may be revoked prospectively in writing.

15. Dispute Resolution

Binding Arbitration: All disputes shall be resolved exclusively through binding arbitration under AAA Consumer Rules, held in California.
Costs: The Company will pay any arbitration fees required to make this clause enforceable.
Waiver of Jury Trial: Both parties waive the right to a jury trial.
Class Action Waiver: Disputes will be resolved individually. Customers waive the right to participate in class, collective, or representative actions.
Small Claims & Public Injunctive Relief: Either party may bring an individual action in small claims court. Claims seeking public injunctive relief may be brought in court.
Scope of Claims: Applies to all legal theories (contract, tort, negligence, misrepresentation, warranty).
Time to Bring Claims: Claims must be filed within one (1) year of service, to the maximum extent permitted by law.

BY AGREEING TO THESE TERMS, YOU AND THE COMPANY WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION.

16. Governing Law

These Terms are governed by California law. Any litigation not subject to arbitration shall be resolved in state or federal courts located in California. Both parties consent to personal jurisdiction and venue.

17. Changes to Terms

We may revise these Terms at any time. Updates will be posted on our website. Continued use of services constitutes agreement to revised Terms.

18. Severability & Survival

If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full force.

Sections relating to payment, warranty limitations, limitation of liability, indemnification, dispute resolution, intellectual property, and documentation survive termination.

19. Termination of Services

The Company may suspend or terminate services without liability if you fail to comply with these Terms, if conditions are unsafe, or if conduct is abusive. Termination shall not entitle the Customer to damages. Deposits may be retained to cover administrative or travel costs already incurred.

20. Delays / Force Majeure

The Company is not liable for delays or non-performance caused by factors beyond its reasonable control, including weather, traffic, parts availability, labor shortages, strikes, utility failures, or government restrictions.

21. Entire Agreement

These Terms, together with any signed/approved estimate or invoice, constitute the entire agreement and supersede prior discussions. Any modifications must be in a signed writing or approved electronic record.

The Company may use qualified subcontractors; the Company remains responsible for their work.

Customer Acknowledgment: By scheduling or receiving service, you confirm that you have read, understood, and agree to these Terms.