About Us

TERMS AND CONDITIONS OF AUTOMOBILE DIAGNOSIS AND REPAIR 1. Services; Scope. These terms and conditions (this “Agreement”) shall apply to any automobile diagnosis and repair work (the “Services”) undertaken by Newell’s Auto Repair, LLC (“Newell”) in connection with any automobile delivered to Newell by the undersigned customer (“Customer”). 2. Cost Estimates; Diagnostic Fee. In connection with the Services, Newell may provide the Customer with an estimate of the costs to complete the Services (the “Estimate”). The expected costs stated in the Estimate are approximate costs estimated based on the information the Customer has provided and/or following the examination of the automobile. Newell does not assume any liability for the accuracy of the figures contained in the Estimate. If while repairing and/or diagnosing the automobile it becomes clear that more extensive repair work is necessary, Newell shall be authorized to complete the Services without seeking confirmation from the Customer, if the total costs of the Services do not exceed the amount stated in the Estimate by more than 15%. Otherwise Newell will cease performing the Services, inform the Customer that Newell expects the Estimate to be exceeded, and will present a new estimate to the Customer (the “Revised Estimate”). The Customer acknowledges that in many cases an Estimate cannot be provided without a diagnosis of the automobile (“Diagnosis”). Newell shall be entitled to a fee for the Diagnosis regardless of whether any further Services are performed after the Diagnosis (the “Diagnosis Fee”). The Diagnosis Fee typically ranges between $75 and $150 plus expenses, but may be higher in certain cases. If, at any time after Newell begins the Services (including after presentation of a Revised Estimate or after the Diagnosis), the Customer decides not to proceed with the performance or continuation of the Services, Newell shall be entitled to charge for the cost of the Services performed prior to such decision by Customer, including the Diagnosis Fee. The Customer acknowledges that any estimates provided by Newell regarding the timeframe to complete the Services are estimates only, and may be affected by various factors outside the reasonable control of Newell. The Customer shall not hold Newell responsible for any delays in completion of the Services or damages resulting therefrom, including, without limitation, loss of profit, rental car expenses, or loss of use resulting from any delay in the Customer obtaining its automobile. The Customer also acknowledges that theft from or damage or vandalism to the automobile by third parties is a risk assumed by the Customer in connection with the Services. Customer agrees to hold Newell harmless for any theft, damage, or vandalism occurring to the automobile while in the possession or control of Newell and the Customer shall rely on its own insurance to recover any costs or damages arising from the foregoing. 3. Payments and Lien; Storage Fees. Payment for the Services is due in full upon completion of the Services and prior to release of the automobile to the Customer. Any payment not received in full when due may be charged interest at the lower of eighteen percent (18%) per year or the highest rate allowed per law. Until such payment is received in full, Newell shall have a lien on the automobile to the fullest extent allowed by applicable law and shall retain possession of the automobile until such payment is received. If such payment is not made, Newell reserves the right to exercise all remedies under applicable law, including, without limitation, charging the Customer for reasonable storage fees and collection costs (including reasonable attorney fees) and selling the automobile in accordance with applicable law to recover all amounts owed to Newell hereunder. 4. Warranty; Customer Parts. Newell hereby warrants the parts and labor provide in connection with the Services for a period of one year following completion of the Services; provided, such warranty shall not apply (i) to the extent any damage, failure, or wear is caused by any reason other than normal, non-commercial use of the automobile or (ii) to any parts that are supplied by the Customer (“Customer Parts”). Newell does not recommend the use of Customer Parts, and to the extent Newell agrees to install any Customer Parts, Customer acknowledges that costs for the Services may be higher than the Estimate due to the unknown nature of Customer Parts. Customer hereby agrees to indemnify, defend, and hold Newell harmless from any damages, claims, suits, or liabilities (including reasonable attorneys fees) arising from or related to the installation of any Customer Parts. Other than the warranty provision provided herein, the Services are provided “as-is” and Newell expressly disclaims any other representation or warranties, express, implied, statutory or otherwise, regarding the Services. 5. Miscellaneous. This Agreement is governed by the laws of the State of Nebraska (without regard to conflict of laws principles). If a court of competent jurisdiction determines that any provision in this Agreement is invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. This Agreement supersedes all prior oral or written agreements, if any, between the Newell and the Customer and constitutes the entire agreement between the same with respect to the Services. I have read and acknowledge that I fully understand and agree with the terms of this Agreement.