CASCADIA TRAILER & EQUIPMENT

TERMS AND CONDITIONS OF MAINTENANCE, DIAGNOSTIC AND REPAIR SERVICES

Effective Date: 07/01/2026

These Terms and Conditions are incorporated into every estimate, inspection request, diagnostic authorization, service authorization, work order, change order, invoice, online request and other ordering document issued or accepted by Cascadia Trailer & Equipment.

1. Parties and Definitions

As used in this Agreement:

“CTE” means Cascadia Trailer & Equipment, located at 909 Winchester Avenue, Suite C, P.O. Box 684, Reedsport, Oregon 97467.

“Customer” means the individual or entity identified in the applicable estimate, service authorization, work order, invoice, online request or other ordering document and includes the vehicle or equipment owner and any person authorized to act on the owner’s behalf.

“Vehicle” means the motor vehicle, recreational vehicle, trailer, camper, equipment, component, accessory or other property submitted to CTE for inspection, diagnosis, maintenance, repair, installation, transportation or storage.

“Parts” means new, used, rebuilt, remanufactured, reconditioned, customer-supplied or special-order parts, components, assemblies, accessories, fluids, supplies and materials associated with the Services.

“Estimate” means CTE’s good-faith projection of the anticipated labor, Parts, subcontracted work, fees and other charges for proposed Services. An Estimate is not a guaranteed final price unless CTE expressly identifies it in writing as a fixed-price quotation.“Services” means inspection, diagnosis, troubleshooting, maintenance, repair, fabrication, installation, removal, disassembly, reassembly, transportation, mobile service, subcontracted work and related labor performed or arranged by CTE.“Change Order” means a written, oral or electronic modification to previously authorized Services, Parts, timing or price.

2. Customer Authority and Accurate Information

Customer represents that Customer owns the Vehicle or has lawful authority from the owner to authorize Services, incur charges and grant the rights described in this Agreement.

Customer shall provide accurate contact, ownership, insurance, warranty, Vehicle and payment information. Customer shall promptly disclose known safety issues, hazardous conditions, modifications, prior damage, leaks, structural defects, electrical problems, alarm systems, immobilizers, tracking devices, unusual operating procedures and other facts reasonably relevant to the Services.

CTE may rely on information and authorization supplied by Customer or Customer’s designated representative.

3. Estimates and Initial Authorization

CTE will provide an Estimate when required by applicable law or when CTE determines that one is appropriate.

An Estimate may include:

Estimated labor;
Parts and materials;
Diagnostic or inspection charges;
Disassembly and reassembly charges;
Shop supplies and consumables;
Environmental or disposal charges;
Freight, delivery and handling;
Towing or transportation;
Subcontracted or mobile Services;
Taxes and governmental charges, if applicable; and
Other reasonably anticipated incidental charges.

Customer understands that Estimates are based on conditions reasonably observable when the Estimate is prepared. The final invoice may change because of concealed damage, corrosion, seized or damaged fasteners, prior repairs or modifications, inaccurate manufacturer information, discontinued or superseded Parts, supplier price changes, additional diagnostic findings or other conditions that could not reasonably be identified before work began.

CTE will obtain additional authorization whenever required by applicable law and before performing materially different or additional work exceeding the authorized amount.

Customer may authorize Services by handwritten or electronic signature, telephone, email, text message, customer portal, online approval or another confirmed electronic method accepted by CTE. CTE may document the identity of the authorizing person and the date, time, method and substance of the authorization.

Customer’s authorization permits CTE to begin the authorized Services and incur reasonably necessary charges within the authorized scope.

4. Diagnostics, Inspections and Mobile Service

Diagnosis is a professional service involving technician time, travel, research, testing, disassembly, equipment use, documentation and professional judgment. A diagnostic charge compensates CTE for determining or attempting to determine the source, nature or extent of a problem. It is not contingent upon identifying every defect or upon Customer authorizing subsequent repairs.

CTE’s minimum diagnostic charge is $150.00. Higher diagnostic charges may apply based on travel, time, complexity, equipment required, repeated testing, accessibility, mobile-service conditions or the nature of the Vehicle.

Diagnostic fees are earned when the diagnostic or inspection work is performed and are non-refundable, whether or not:

CTE conclusively identifies the cause of the reported condition;
Customer authorizes recommended repairs;
Customer elects to repair the Vehicle elsewhere;
The condition is intermittent or cannot be duplicated;
Additional testing is recommended; or
The Vehicle later experiences a related or unrelated failure.

At CTE’s sole discretion, some or all of a diagnostic charge may be credited toward the final invoice for repairs performed by CTE on the same Vehicle and the same diagnosed project.

Any such credit is a discretionary courtesy. It is not guaranteed, has no cash value, may not be transferred to another Vehicle or project and does not make the original diagnostic charge refundable.

For mobile Services, Customer must provide lawful, reasonably safe and unobstructed access to the Vehicle. CTE may stop or decline mobile work when site conditions, weather, traffic, lighting, terrain, animals, people, hazardous materials or other circumstances create an unreasonable safety or operational risk. Charges incurred before work is stopped remain payable.

5. Disassembly, Evaluation and Reassembly

Some conditions cannot be evaluated without removing Parts or partially disassembling the Vehicle.

When CTE proposes paid disassembly for evaluation, the applicable Estimate or authorization may separately identify:

The anticipated charge for disassembly and evaluation;
The anticipated charge for reassembly if Customer declines further repairs;
Parts, fasteners, seals, fluids or materials likely to be required for reassembly; and
The estimated reassembly time, subject to Parts availability and conditions discovered during disassembly.

Customer is responsible for authorized disassembly, evaluation and reassembly charges even if Customer declines the recommended repair.

CTE is not required to reassemble a Vehicle into an unsafe, incomplete or materially impaired condition. If safe reassembly is not reasonably possible without additional Parts or Services, CTE will notify Customer and seek further authorization.

6. Parts Deposits and Prepayment

6.1 Special-Order Parts

All special-order, non-stock, custom, fabricated, configured, cut-to-length, programmed, painted, modified, built-to-order or Vehicle-specific Parts must be paid for in full before CTE places the order or begins procurement or fabrication.

CTE is not required to order any special-order Part until payment has cleared.

6.2 In-Stock Parts

Unless CTE agrees otherwise in writing, Customer shall pay a deposit equal to 50% of the price of in-stock Parts designated for Customer’s project before CTE reserves, allocates or installs those Parts.

6.3 Application of Deposits

Deposits and prepayments will be applied to Customer’s final invoice for the applicable project.

A deposit is not a limitation on Customer’s responsibility for the remaining invoice balance or for properly authorized additional charges.

6.4 Scheduling

CTE may condition scheduling, Parts procurement or continued work on receipt of a deposit, prepayment or progress payment.

A tentative appointment or anticipated completion date is not guaranteed until all required approvals, deposits and Parts arrangements have been completed.

7. Parts Selection, Availability and Substitution

CTE may recommend original-equipment, aftermarket, rebuilt, remanufactured, reconditioned or used Parts based on availability, compatibility, cost and Customer preference.

CTE will disclose used or reconditioned Parts when required by law.

Unless Customer specifically authorizes otherwise, aftermarket Parts used in place of original-equipment Parts will be selected in good faith as reasonably suitable for the intended repair. CTE does not manufacture those Parts and does not independently guarantee manufacturer claims concerning them.

Part numbers, specifications, designs, materials, manufacturers, availability and prices may change without notice. If an authorized Part becomes unavailable, superseded or materially more expensive, CTE may propose an alternative through a Change Order.

CTE is not responsible for delays, increased cost or project changes caused by supplier error, manufacturer discontinuation, backorder, shipping damage, freight delay, customs delay or inaccurate supplier or manufacturer information.

8. Change Orders and Additional Repairs

During diagnosis, disassembly or repair, CTE may discover additional defects, hidden damage, unsafe conditions or required Parts not included in the original Estimate.

CTE will notify Customer and request authorization for a Change Order whenever required by applicable law or CTE policy.

A Change Order may:

Add or remove labor;
Add, remove or substitute Parts;
Change the repair method;
Address concealed or newly discovered conditions;
Revise the estimated price;
Revise the anticipated completion date; or
Suspend, reduce or terminate a portion of the project.

Change Orders may be approved by signature, telephone, email, text message, customer portal or another confirmed electronic method accepted by CTE. CTE may retain the approval record with the project file.

CTE is not obligated to proceed with additional or changed work until authorization and any requested payment have been received.

If Customer cannot be reached, CTE may suspend work, secure the Vehicle in its existing condition and charge for work already performed, Parts already obtained, reassembly reasonably required and storage when applicable. CTE will not treat Customer’s silence as authorization for materially increased work where separate authorization is required.

9. Change-Order Refunds

When an approved Change Order removes a previously paid item and CTE approves a refund or credit for that item, the refund or credit will be based on the amount actually paid for the removed item, less:

A Change-Order Administration Fee equal to 5% of the item amount being refunded (minimum fees apply. ;
Labor already performed;
Diagnostic, research, programming, travel or administrative work already performed;
Freight, delivery, return shipping and handling;
Supplier cancellation or restocking charges;
Charges for nonreturnable, opened, installed, modified, damaged or specially procured Parts; and
Other nonrecoverable costs reasonably incurred by CTE.

The 5% Change-Order Administration Fee applies whether the affected item was ordered, supplied or sourced by CTE or by Customer.

The fee compensates CTE for project interruption, revised procurement, revised documentation, scheduling disruption, accounting and payment-processing work. It is not a penalty.

A Change Order does not entitle Customer to a refund of diagnostic fees, completed labor or other earned charges.

10. Cancellations, Returns, Refunds and Partial Refunds

10.1 No Automatic Right to a Refund

Except as required by applicable law or expressly agreed by CTE in writing, Customer has no automatic right to cancel authorized Services or receive a refund after CTE has begun work, committed technician time, ordered or allocated Parts, incurred expenses or reserved project capacity.

CTE may approve a full refund, partial refund, account credit or revised invoice when CTE determines it is fair and operationally appropriate.

10.2 Non-Refundable Charges

The following are ordinarily non-refundable once earned or incurred:

Diagnostic and inspection charges;
Mobile-service and travel charges;
Estimating & research, project management charges;
Labor already performed;
Disassembly and reassembly charges;
Programming, calibration or research charges;
Towing and transportation charges;
Shop supplies, consumables and disposal charges already used or incurred;
Freight, expedited shipping and handling;
Payment-processing charges to the extent not returned to CTE;
Supplier cancellation or restocking charges;
Installed, used, opened, modified, programmed, painted, fabricated or damaged Parts;
Electrical or electronic Parts once opened or connected, except where required by law or accepted under an applicable warranty;
Custom, special-order or Vehicle-specific Parts that a supplier will not accept for return; and
Other nonrecoverable project costs.
Other cancellation fees.

10.3 Special-Order Parts Over $99

A special-order Part with a price exceeding $99.00 may be cancelled or returned only if CTE and the applicable supplier approve the cancellation or return.

An approved cancellation or return is subject to a CTE restocking and administrative fee equal to 5% of the affected Part price or $50.00, whichever is greater, plus any applicable:

Supplier cancellation or restocking fee;
Return freight;
Original non-refundable freight;
Packaging, handling or inspection charge;
Payment-processing cost; and
Loss in value caused by opening, handling, configuration or damage.

If the supplier or manufacturer will not accept the Part for return, the Part is non-refundable and remains Customer’s property upon payment of all amounts due.

10.4 In-Stock Parts Over $199

An unused and uninstalled in-stock Part with a price exceeding $199.00 may be eligible for return if:

CTE approves the return;
The Part is returned within the period specified by CTE;
The Part is complete, undamaged and in resalable condition;
All original packaging, labels, instructions and accessories are present; and
CTE’s supplier will accept the Part where supplier approval is required.

An approved return is subject to a CTE restocking and administrative fee equal to 5% of the affected Part price or $50.00, whichever is greater, plus any nonrecoverable supplier charges, freight, handling and payment-processing costs.

10.5 Parts at or Below the Thresholds

CTE may determine return eligibility and any applicable fee for special-order Parts priced at $99.00 or less and in-stock Parts priced at $199.00 or less on a case-by-case basis.

10.6 Refund Method and Timing

Approved refunds will ordinarily be made to the original payment method. CTE may issue an account credit when the original method is unavailable, when Customer agrees or when permitted by law.

Refund timing may depend on supplier credits, returned-Parts inspection and financial-institution processing.

Any refund or credit remains subject to offset against other unpaid amounts Customer owes CTE.

11. Customer-Supplied Parts

CTE may decline to install Customer-supplied Parts for any reason, including safety, suitability, quality, legal compliance, unknown origin, missing documentation, incomplete assemblies or scheduling concerns.

If CTE agrees to install a Customer-supplied Part:

Customer is solely responsible for selecting, purchasing and delivering the correct Part;
CTE does not warrant the Part’s quality, authenticity, suitability, legality, merchantability, fitness, durability or compatibility;
CTE does not provide a warranty covering the Customer-supplied Part;
Customer remains responsible for all labor, diagnostics, travel, disassembly and reassembly even if the Part is incorrect, incomplete, defective, damaged or incompatible;
Additional labor caused by fitment problems, missing components, incorrect instructions or Part defects will be billed at CTE’s then-current rates;
CTE may stop work if installation would be unsafe, improper or inconsistent with professional judgment;
Customer is responsible for replacement Parts, return arrangements, supplier claims and delays; and
Any CTE service warranty applies only to CTE’s workmanship and not to a failure caused by the Customer-supplied Part.

If a Change Order results in a refund involving a Customer-supplied Part or an item associated with it, the Change-Order Administration Fee described in Section 9 applies.

12. Replaced Parts, Cores and Disposal

Customer may request return of replaced Parts by making the request before work begins or by selecting the applicable option on CTE’s Estimate or authorization form.

CTE is not required to return:

Parts that must be returned to a manufacturer, supplier or warranty administrator;
Core-exchange Parts unless Customer pays the applicable core charge;
Parts subject to environmental, hazardous-material or legal disposal restrictions;
Parts that Customer previously authorized CTE to discard;
Fluids, consumables, fasteners or materials that cannot reasonably be returned; or
Parts that CTE is prohibited from releasing.

Unclaimed replaced Parts may be discarded, recycled or returned for core credit after Vehicle delivery or completion of the project.

13. Labor Rates and Time Allowances

CTE’s labor charges may be based on flat-rate guides, industry time allowances, task pricing, project pricing, CTE’s experience and professional judgment, actual elapsed time or a combination of those methods.

Labor charges are not necessarily calculated from the exact amount of clock time a technician physically touches the Vehicle.

Different rates may apply to diagnostics, mobile service, fabrication, welding, electrical work, emergency service, subcontract administration, after-hours work or other specialized Services.

Customer will be informed of applicable rates or task pricing through the Estimate, service authorization, Change Order or other project document.

14. Shop Supplies, Environmental Charges and Incidental Costs

CTE may charge for shop supplies, consumables, sealants, cleaners, lubricants, fasteners, protective materials, disposal, recycling, environmental compliance and similar incidental items used in performing the Services.

Such charges will be disclosed on the Estimate or invoice when required by applicable law.

15. Subcontracted Services

Customer authorizes CTE to arrange subcontracted or third-party Services reasonably necessary to complete authorized work, including towing, machining, welding, alignment, glass, upholstery, programming, specialty fabrication and manufacturer or dealer services.

CTE will exercise reasonable care in selecting subcontractors but does not control every aspect of a subcontractor’s operation.

Customer is responsible for authorized subcontracted charges. Applicable third-party warranties, if any, will govern the subcontracted work.

16. Towing and Transportation

Customer is responsible for all towing, recovery, transportation and delivery charges associated with the Vehicle unless CTE expressly agrees otherwise in writing.

CTE’s minimum towing or transportation charge is $150.00 per trip, each way, when applicable.

A round trip may therefore result in separate outbound and return charges.

Additional charges may apply for mileage, recovery conditions, waiting time, difficult access, special equipment, after-hours service, oversized Vehicles, ferry charges, tolls or third-party towing expenses.

Towing and transportation charges are earned when the service is performed and are non-refundable.

17. Vehicle Operation, Road Testing and Access

Customer authorizes CTE employees, agents and subcontractors to enter, start, move, operate, tow and road-test the Vehicle as reasonably necessary for diagnosis, repair, transport, quality control, subcontracted work and verification.

Customer shall ensure that the Vehicle contains sufficient fuel or charge and is legally operable when road testing is reasonably anticipated.

Customer authorizes reasonable use of onboard systems, appliances, accessories and controls when needed to diagnose or verify a condition.

CTE is not responsible for citations, impoundment or delay caused by preexisting registration, licensing, insurance, equipment or legal-compliance deficiencies that Customer failed to disclose.

18. Photographs, Video and Service Records

Customer authorizes CTE to photograph or record the Vehicle, VIN, odometer, Parts, damage, condition, diagnostic findings and repair process for:

Project documentation;
Customer communication;
Warranty administration;
Quality control;
Insurance or supplier claims;
Technician training;
Safety documentation; and
Dispute prevention or resolution.

CTE will not use images that identify Customer or prominently identify Customer’s Vehicle for public marketing or promotional purposes without separate permission, except where incidental use is lawful or the image has been reasonably anonymized.

19. Project Delays and Events Beyond CTE’s Control

Completion dates are estimates unless CTE expressly guarantees a date in writing.

CTE is not liable for delay, inconvenience, lost use, lodging, transportation expense, missed events, lost revenue or other consequences resulting from:

Supplier shortages or backorders;
Shipping or freight delays;
Incorrect, damaged or delayed Parts;
Manufacturer or distributor actions;
Weather, fire, flood or natural disaster;
Utility, telecommunications or internet outage;
Labor shortage, illness or injury;
Government action;
Hazardous or unsafe working conditions;
Customer delay in providing approval, deposit, information or access;
Concealed damage, corrosion or prior modification;
Subcontractor delay; or
Other circumstances outside CTE’s reasonable control.

CTE will make reasonable efforts to communicate material delays.

20. Declined Repairs and Unsafe Conditions

CTE may identify recommended repairs or safety concerns that Customer declines.

Customer accepts responsibility for the consequences of declined work and acknowledges that CTE is not responsible for loss, damage, injury, breakdown, deterioration or liability caused by or related to a condition that:

CTE recommended correcting;
Customer declined to authorize;
Was outside the authorized scope;
Could not reasonably be diagnosed within the authorized scope; or
Developed after the Vehicle left CTE’s possession.

CTE may decline to release or operate a Vehicle in a manner prohibited by law. Where legally permitted, CTE may require Customer to sign an acknowledgment of declined or incomplete repairs.

Nothing in this section authorizes CTE to unlawfully withhold Customer’s property after all legally enforceable charges have been paid.

21. Limited Warranty on CTE Services

CTE warrants that Services performed directly by CTE will be performed in a good and workmanlike manner.

Unless a different written warranty is provided for a particular project, this limited workmanship warranty lasts 90 days from the date the applicable Services are completed.

Customer’s remedy under the workmanship warranty is limited to CTE’s correction of the nonconforming portion of CTE’s Services.

Warranty coverage is subject to the following conditions:

Customer must notify CTE promptly after discovering the claimed defect;
Customer must provide reasonable documentation and an opportunity for CTE to inspect the Vehicle;
The Vehicle must be returned to CTE at Customer’s expense unless CTE agrees otherwise in writing;
Repairs by another facility must receive CTE’s written approval before work begins if Customer seeks reimbursement from CTE; and
Customer must have paid the applicable invoice in full.

The workmanship warranty does not cover:

Normal wear;
Abuse, misuse, accident, overload or improper operation;
Failure to follow maintenance or operating instructions;
Corrosion, water intrusion, environmental exposure or preexisting damage;
Customer-supplied Parts;
Manufacturer, supplier or subcontractor defects;
Unrelated failures;
Modifications or work performed by others;
Continued operation after warning signs or a known defect; or
Conditions outside the authorized scope of Services.

The workmanship warranty extends only to the Customer for whom the Services were performed and is not transferable unless CTE agrees otherwise in writing.

22. Parts and Manufacturer Warranties

Any warranty covering a Part is limited to the written warranty, if any, provided by the applicable manufacturer or supplier.

Manufacturer warranty administration may require inspection, documentation, return of the Part, advance payment, shipping, labor or other conditions.

Unless expressly stated in writing, a manufacturer’s Part warranty does not include:

CTE labor;
Diagnostic charges;
Removal or reinstallation;
Mobile service;
Towing;
Freight;
Travel;
Loss of use; or
Consequential expenses.

CTE may assist Customer with a manufacturer or supplier warranty claim but does not guarantee claim approval or payment.

Customer remains responsible for all charges not paid by the manufacturer, supplier, insurer or warranty administrator.

23. Warranty Disclaimers

EXCEPT FOR THE EXPRESS LIMITED WORKMANSHIP WARRANTY PROVIDED IN SECTION 21 AND ANY APPLICABLE WRITTEN MANUFACTURER WARRANTY, CTE DISCLAIMS ALL OTHER WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

CTE DOES NOT WARRANT THAT A REPAIR WILL PREVENT EVERY FUTURE FAILURE, THAT EVERY CONDITION WILL BE DISCOVERED, OR THAT UNRELATED COMPONENTS WILL NOT FAIL BEFORE, DURING OR AFTER THE SERVICES.

SOME WARRANTIES OR REMEDIES MAY NOT LAWFULLY BE DISCLAIMED OR LIMITED. IN THAT EVENT, THIS AGREEMENT WILL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

24. Damage, Theft and Personal Property

CTE will exercise reasonable care while the Vehicle is in its possession.

To the maximum extent permitted by law, CTE is not responsible for loss of or damage to the Vehicle resulting from fire, weather, flood, theft, vandalism, animals, falling objects, utility failure, acts of third parties or other causes outside CTE’s reasonable control, except to the extent caused by CTE’s negligence or willful misconduct.

Customer shall remove cash, firearms, medications, valuables, confidential materials, perishables, hazardous materials and unnecessary personal property before leaving the Vehicle with CTE.

CTE is not responsible for loss of or damage to personal property, cargo, supplies, tools, bodies, trailers, attachments or special equipment left in or on the Vehicle unless the loss or damage is directly caused by CTE’s negligence or willful misconduct.

25. Payment

All charges are due upon completion of Services or upon CTE’s demand under the applicable Estimate, authorization, Change Order or invoice.

CTE may require deposits, progress payments or payment for Parts before project completion.

Customer may not withhold payment because of an insurance, manufacturer, supplier or warranty claim.

CTE may retain possession of the Vehicle and other property to the extent permitted by applicable law until all amounts due are paid in collected funds.

Any returned check, reversed payment, rejected electronic transfer or similar failed payment may be subject to a reasonable processing fee not exceeding the amount permitted by law.

CTE may recover lawful collection costs, court costs, lien costs and attorneys’ fees to the extent permitted by contract and applicable law.

26. Card Disputes and Chargebacks

Customer agrees to contact CTE in good faith before initiating a chargeback or payment dispute concerning authorized Services.

A chargeback does not cancel Customer’s underlying payment obligation for properly authorized and completed Services.

CTE may provide Estimates, authorizations, communications, photographs, invoices and other project records to financial institutions, payment processors and card networks for purposes of responding to a payment dispute.

This section does not waive any non-waivable right Customer may have under applicable law.

27. Completion, Pickup and Storage

CTE will notify Customer when the Vehicle is ready for pickup, when work has been suspended or when Customer must remove the Vehicle.

All amounts are due no later than delivery of the Vehicle or, if delivery does not occur, within three calendar days after CTE provides notice that the Vehicle is ready or must be removed, unless applicable law requires a later date.

If Customer fails to retrieve the Vehicle within the legally permitted period after notice, CTE may charge storage at the rate stated in the Estimate, authorization, posted policy or notice.

Unless a different lawful rate is stated, storage may be charged at up to $50.00 per day or the maximum amount permitted by applicable law, whichever is less.

Storage charges will not begin earlier than permitted by Oregon law.

Customer remains responsible for storage while payment, pickup, towing, insurance, warranty or third-party arrangements are pending, unless CTE agrees otherwise in writing.

28. Possessory or Mechanic’s Lien; Unclaimed Property

To the extent permitted by Oregon law, CTE claims and Customer acknowledges a possessory or mechanic’s lien on the Vehicle and related property for unpaid charges, including authorized labor, Parts, diagnostics, towing, transportation, storage and other lawful charges.

If Customer fails to pay and retrieve the Vehicle, CTE may exercise lien, foreclosure, sale, collection and other remedies in accordance with applicable law.

Nothing in this Agreement shortens any notice, waiting period, filing, sale or other procedure required by law.

Customer is responsible for lawful costs incurred in preserving, storing, noticing, perfecting, enforcing or foreclosing CTE’s lien to the extent recoverable under applicable law.

29. Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CTE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF USE, LOSS OF INCOME, LOST PROFITS, MISSED EVENTS, LODGING, SUBSTITUTE TRANSPORTATION, BUSINESS INTERRUPTION OR DOWNTIME, ARISING FROM OR RELATED TO THE SERVICES, PARTS, DELAY, BREAKDOWN OR THIS AGREEMENT.

THIS LIMITATION DOES NOT APPLY TO LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

30. Governing Law and Venue

This Agreement is governed by Oregon law, without regard to conflict-of-law principles, except to the extent federal law controls.

Subject to any non-waivable small-claims, consumer or statutory venue right, the exclusive venue for litigation arising from this Agreement or the Services will be the state or federal court having jurisdiction over Douglas County, Oregon.

Customer and CTE will make a reasonable good-faith effort to discuss and resolve a dispute before filing litigation, except where immediate relief, lien enforcement, a filing deadline or preservation of legal rights requires earlier action.

31. Time to Commence Claims

To the maximum extent permitted by law, any claim Customer brings against CTE arising from the Services or this Agreement must be commenced within one year after the claim accrues.

This section does not shorten a limitations period that applicable law prohibits the parties from shortening.

32. Attorneys’ Fees and Costs

In any action or proceeding arising from this Agreement, if applicable law or another contractual provision gives Customer a right to recover reasonable attorneys’ fees or costs if Customer prevails, CTE will have the reciprocal right to recover reasonable attorneys’ fees and costs if CTE prevails, to the extent permitted by law.

33. Communications Consent

Customer authorizes CTE to use the contact information Customer provides to communicate about:

Estimates and authorizations;
Appointments and scheduling;
Project updates;
Safety concerns;
Parts availability;
Invoices and payment;
Warranty matters;
Pickup, towing and storage;
Customer-service follow-up; and
Collection of amounts owed.

Communications may occur by telephone, voicemail, email, text message, customer portal or other electronic means.

Consent to operational communications is part of administering Customer’s requested Services.

Marketing communications will be governed by any separate consent, opt-in or legally permitted existing-business-relationship standard applicable to the communication method. Customer may opt out of nonessential marketing communications without affecting requested Services.

Message and data rates may apply.

34. Customer and Vehicle Data

CTE may collect, maintain and use Customer information and Vehicle service information reasonably necessary to:

Provide and document Services;
Communicate with Customer;
Process payment;
Administer warranties;
Obtain Parts;
Coordinate subcontracted work;
Maintain service history;
Improve quality and safety;
Prevent fraud;
Comply with law; and
Resolve complaints or disputes.

CTE may disclose relevant information to manufacturers, suppliers, subcontractors, warranty administrators, insurers, payment processors, software providers, professional advisers, collection providers, governmental authorities and other parties reasonably involved in those activities.

CTE may also use information in aggregated or reasonably de-identified form for business analysis, training and service improvement.

CTE will not sell personally identifiable Customer information for unrelated third-party marketing without Customer’s consent.

35. Electronic Records and Signatures

Customer agrees that electronic signatures, approvals, records and communications may be used in connection with the Services and will have the same effect as paper records and handwritten signatures to the extent permitted by law.

Customer is responsible for maintaining accurate contact information and for reviewing communications sent by CTE.

36. No Waiver

A waiver is effective only if made in writing by an authorized CTE representative.

CTE’s decision to provide a courtesy credit, waive a fee, extend a deadline or make another exception in one instance does not require CTE to do so again and does not modify this Agreement.

37. Severability and Reformation

If a court determines that any provision of this Agreement is invalid, unlawful or unenforceable, the provision will be enforced to the greatest extent permitted by law or modified to the minimum extent necessary to make it enforceable.

The remaining provisions will continue in effect.

38. Order of Documents and Entire Agreement

The applicable Estimate, service authorization, work order, Change Order, invoice and these Terms and Conditions together constitute the agreement between Customer and CTE concerning the Services.

A specific written term in an Estimate, service authorization or Change Order controls over an inconsistent general term in these Terms and Conditions for that project.

This Agreement supersedes prior oral or written discussions concerning the same Services, except for intentional misrepresentations and rights that cannot lawfully be waived.

No employee or representative may alter this Agreement except through a written or electronically documented authorization accepted by CTE.

39. Customer Acknowledgment

By signing, electronically accepting, orally authorizing documented Services, delivering the Vehicle to CTE after receiving these Terms, paying a deposit or directing CTE to proceed, Customer acknowledges that Customer:

Has received or had access to these Terms and Conditions;
Has had an opportunity to review them;
Understands that diagnostics, labor and certain Parts charges may be non-refundable;
Understands CTE’s deposit, Change Order, refund and restocking policies;
Authorizes the approved Services;
Accepts responsibility for payment; and
Agrees to be bound by this Agreement.