Yotaworks LLC (hereafter referred to as “the Contractor”), and the ordering party identified above agree as follows:
SCOPE AND DESCRIPTION OF WORK – LABOR AND MATERIALS.
Ordering Party orders the following services to be provided by the Contractor: installation in customer’s vehicle of an Overland Torque Tune (OTT Tune) designed by Overland Tailor Tuning & installed by the Contractor via vFTuner Tuning software designed by OrangeVirus Tuning Ltd. The Contractor will provide all materials, supplies, equipment, services, and labor necessary.
AUTHORITY, CONSENT AND RELEASE:
Ordering Party represents that he/she/it owns the vehicle and has complete authority to order the work specified above. Ordering Party further understands that installation of the Tune Pack is intended to improve off-road performance or competition use only. This product and service are not intended for any other use or to circumvent any emission requirements. Contractor is an authorized licensee of vFTuner/Overland Tailor Tuning products. Contractor neither produces nor owns vFTuner/Overland Tailor Tuning products. Contractor neither produces nor owns Overland Tailor Tuning. The Ordering Party therefore fully releases and indemnifies the Contractor from any and all liability related to any damages caused to the Ordering Party or to others due to any defect in the actual vFTuner/Overland Tailor Tuning product(s) installed in the vehicle. Ordering Party confirms that it is fully familiar with vFTuner/Overland Tailor Tuning line of products, understands these are developmental calibration tools, and assumes all risk of damage, injury, or death resulting to anyone by reason of having the vFTuner/Overland Tailor Tuning product(s) installed in the vehicle, including but not limited to catastrophic engine, powertrain, or other failures.
WARRANTIES DISCLAIMER.
The Contractor warrants only that the Tune Pack shall be installed in accordance with the manufacturer’s instructions. The services and any other materials, non-proprietary software, data, and/or labor provided by Contractor are provided “as is” and “with all faults” and Contractor expressly disclaims all other warranties of any kind or nature, whether express, implied, or statutory, including but not limited to any warranties of operability, condition, title, non-infringement, quiet enjoyment, value, accuracy of data, or quality, as well as any warranties of merchantability, system integration, workmanship, suitability, fitness for a particular purpose, or the absence of any defects therein, whether latent or patent. Contractor specifically does not warrant that the products or any other information, materials, technology, or services provided will meet the customer’s expectations or requirements or that the operation of the vehicle after installation will be uninterrupted or error-free, all that all errors will be corrected.
LIMITATION OF LIABILITY.
In no event shall Contractor, its owners, employees, agents, or representatives be liable to the Ordering Party for any incidental, indirect, special, consequential, or punitive damages, regardless of the nature of the claim, including, without limitation, lost profits, costs of delay, any failure of delivery, business interruption, costs of lost or damaged property, or liabilities to third parties arising from any source. The cumulative liability of Contractor to the Ordering Party for all claims arising from or relating to this agreement, including, without limitation, any cause of action sounding in contract, tort, or strict liability, shall not exceed the total amount of all fees paid to Contractor by the Ordering Party under this agreement.
APPLICABLE LAW AND EXCLUSIVE JURISDICTION.
This agreement and the rights and obligations of the parties hereunder shall be construed in accordance with, and shall be governed by, the laws of the State of Illinois, without giving effect to its rules regarding conflicts of laws. Ordering Party agrees that any and all causes of action between the parties arising from or in any way related to this agreement shall be brought exclusively in the state or federal courts located within the State of Illinois.
ENTIRE AGREEMENT.
This document contains the entire agreement between the parties. Except as may be specifically provided herein, it supersedes and merges all prior oral and written agreements, discussions, and understandings between the parties with respect to the subject matter hereof, and neither of the parties shall be bound by any conditions, inducements, or representations other than as expressly provided for herein. This agreement shall be interpreted to give it fair and reasonable meaning. No provision of this agreement or of any related document(s), and no alleged or actual ambiguity contained therein may be construed against or interpreted to the disadvantage of any party hereto by any court or judicial authority by reason of such party having or being deemed to have structured, or primarily drafted such provision.
REFUND POLICY:
I understand that the deposit for my reservation will only be refunded if Yotaworks LLC reschedules or cancels the appointment. For any other circumstances, a refund will be at the discretion of Yotaworks LLC.
NOTE: Tune events may be canceled if there are not sufficient customers or we receive customer cancellations. In this case, you will be notified, and a full refund of the deposit will be issued the same day.
REFUND POLICY:
I understand that the deposit for my reservation will only be refunded if Yotaworks LLC reschedules or cancels the appointment. For any other circumstances, a refund will be at the discretion of Yotaworks LLC.
NOTE: Tune events may be canceled if there are not sufficient customers or we receive customer cancellations. In this case, you will be notified, and a full refund of the deposit will be issued the same day.
