Terms and Conditions

  1. Parties to this Agreement; Definitions. As used in this Agreement, the terms: (a) “DNC” shall mean D.N.C. Hydraulics, LLC and the DNC repair facility identified in the Service Authorization, estimate, work order, online request or other ordering document; (b) “Customer” shall mean the Customer identified in the Service Authorization, estimate, work order, online request or other ordering document; (c) “Manufacturer(s)” shall mean the entity or entities that manufactured the Parts used in the Services; (d) “Part(s)” shall mean the new and/or used parts, components, accessories or materials used in the Services; and (e) “Services” means the repair and/or maintenance services performed by DNC for Customer, together with the Parts.
  2. WARRANTY DISCLAIMERS AND LIMITATIONS
    LIMITED WARRANTY ON SERVICES:  DNC warrants that the Services will be performed in a good and workmanlike manner (“Services Warranty”).  The Services Warranty is valid for a period of 90 days from the date the Services are performed. Customer’s sole and exclusive remedy, and DNC’s entire liability under the Services Warranty, is the repair of any nonconforming portion of the Services. The Services Warranty is valid only if the repaired equipment is returned, at Customer’s expense, to one of DNC’s repair facilities. Any claim for repairs to be performed by other than a DNC facility must be approved in writing by DNC prior to commencement of any work. The Services Warranty extends only to the Customer for whom the Services were provided and not any subsequent purchaser. DNC PROVIDES NO OTHER WARRANTIES CONCERNING ITS SERVICES AND DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED.

PARTS – MANUFACTURER WARRANTIES ONLY:  Any warranties on any Parts are limited only to those written warranties provided by the applicable Part’s manufacturer.  EXCEPT FOR ANY SUCH WARRANTIES MADE BY MANUFACTURERS, THE PARTS ARE SOLD WITHOUT ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EACH OF WHICH IS EXPRESSLY DISCLAIMED.

NO OTHER WARRANTIES:  EXCEPT AS SET FORTH ABOVE, DNC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. DNC neither assumes nor authorizes any other person to assume for it any liability in connection with the services or any parts provided to customer in conjunction with the services.  

  1. Rates; Authorization; Additional Repairs.  DNC’s charges for labor are not based on actual mechanic’s time, but are established by multiplying DNC’s labor rate by industry time allowances or DNC’s own judgment of the time to be charged.  If an estimate is provided, Customer will not be charged more than the estimated price approved by Customer.  However, if DNC discovers that different or additional repairs are indicated, Customer will be contacted for authorization to make such additional repairs.  Authorization may be given by Customer orally or in written form, including email.  In the event that Customer authorizes the evaluation of Customer’s Part or property to allow DNC to provide an estimate, or the commencement of any work but does not authorize completion of a repair or service, a charge will be imposed for disassembly, reassembly, or partially completed work. Such charge will be directly related to the actual amount of mechanic’s time and/or parts involved in the inspection, repair, or service performed. DNC will submit warranty claims on behalf of Customer for manufacturers for whom it is authorized to perform warranty service; however, Customer understands and agrees that it is responsible for full payment for any Services provided that are not covered by warranty.  DNC is not responsible for any loss, damage, or other liability caused by, arising from, or related to repair or maintenance work recommended by DNC that is declined by Customer. Customer agrees that DNC employees may operate Customer’s vehicle or equipment for purposes of facilitating the repairs, including but not limited to diagnosing, road testing, and sublet services.  
  2. OEM Parts. Customer acknowledges that estimates for non-warranty repairs may include parts not made by the original manufacturer. Parts used in the non-warranty repair of customer’s vehicle by other than the original manufacturer are required to be at least equal in like kind and quality in terms of fit, quality and performance to the original manufacturer parts they are replacing.
  3. Sublet Repairs.  Customer acknowledges that portions of the repairs may be provided by a subcontractor hired by DNC and Customer hereby authorizes all sublet repairs that DNC, in its sole discretion, may deem necessary.
  4. Damage; Theft.  DNC is not responsible for loss of or damage to the equipment due to or arising from fire, weather, theft or any other cause except the sole gross negligence of DNC.  DNC is not responsible for any loss or damage to articles of personal property that have been left in the equipment or for loss or damage to bodies, trailers or special equipment, including any cargo, materials or supplies carried on or in such bodies, trailers or special equipment, whatever the cause. Furthermore, Customer acknowledges that DNC is operating on used equipment and damage may occur in the removal of parts in the ordinary course of diagnosing and conducing the Services and agrees that DNC shall not be liable for damages incurred in the removal of parts with the exception of damage incurred as a sole result of DNC’s gross-negligence.  
  5. Payment; Storage Fees. All charges for repairs including labor and materials furnished are due and payable simultaneously with the delivery of the within described equipment or prior to delivery upon the expiration of three (3) days after notice to Customer that the repairs have been completed.  If the equipment described herein is not picked up within three (3) days after such notice is given, DNC may charge daily storage fees at rates that are ordinary and customary for the area, but not to exceed $50.00 per day or the maximum rate allowable by applicable law. Furthermore, any payment that is not paid within ten (10) calendar days after it becomes due and payable, interest shall accrue on all such amounts owed from the date it was due at an annual rate equal to the lower of (a) eighteen percent per annum (18%) or (b) the highest rate permitted by law.  Such interest shall be due and payable immediately upon accrual.
  6. Mechanic’s Lien; Lien Sale; Collection.  In addition to any and all other legal remedies available to DNC, Customer authorizes and acknowledges an express mechanic’s lien in favor of DNC on the vehicle or equipment described herein for all charges for repairs, including labor and parts, storage and/or towing.  Customer authorizes and acknowledges that if payment in full is not received within thirty (30) days after DNC has notified the Customer that the repairs are completed: (i) DNC may, in accordance with applicable state law, begin lien sale proceedings and sell the vehicle at public auction; and/or (ii) DNC may refer such account to its attorneys or a collection agency for collection.
  7. Governing Law; Venue; Time to Commence Action.  Except to the extent that the laws of the United States may apply or otherwise control this Agreement, the rights and obligations of the parties hereunder shall be governed by, and construed and interpreted in accordance with the laws of the state in which DNC is located, without regard to conflict of law principles. The mandatory venue for any claim, litigation, civil action, or any other legal or administrative proceeding (“Action”) involving any controversy or claim between or among the parties to this Agreement, is the county and state in which DNC is located. Customer has one (1) year from the accrual of any cause of action arising from the purchase of the Services to commence an Action against DNC.
  8. LIMITATION OF DAMAGES.  CUSTOMER AGREES THAT IN THE EVENT OF ANY ACTION BROUGHT BY CUSTOMER AGAINST DNC, CUSTOMER SHALL NOT BE ENTITLED TO RECOVER ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO INDIRECT OR SPECIAL DAMAGES, LOSS OF INCOME OR ANTICIPATED PROFITS, OR DOWN-TIME, OR ANY PUNITIVE DAMAGES, WHETHER BASED IN TORT, CONTRACT OR OTHERWISE, AND REGARDLESS OF WHETHER DNC HAD ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER’S SOLE REMEDY AGAINST DNC ARISING OUT OF THE SERVICES SHALL BE DNC’S RE-PERFORMANCE OF SUCH SERVICES OR A REFUND OF ANY AMOUNTS PAID TO DNC FOR SUCH SERVICES. IN ANY CASE, DNC’S LIABILITY SHALL BE LIMITED TO THE PRICE FOR THE SERVICES. SERVICES SHALL BE RE-PERFORMED WITHOUT COST ONLY IN THE EVENT OF DNC’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
  9. Fees and Expenses of Actions.  In any Action, whether initiated by DNC or Customer, where the Customer has a right, pursuant to statute, common law or otherwise, to recover reasonable attorneys’ fees and costs in the event it prevails, Customer agrees that DNC shall have the same right to recover reasonable attorneys’ fees and costs incurred in connection with the Action in the event that DNC prevails.
  10. Waiver; Severability; Entire Agreement.  No waiver of any term of this Agreement shall be valid unless it is in writing and signed by DNC’s authorized representative. If any provision or part of any provision of this Agreement shall be deemed to violate any applicable law or regulation, such invalid provision or part of a provision shall be inapplicable, BUT the remaining part of that provision and the remainder of the Agreement shall continue to be binding and enforceable.This Agreement constitutes the entire agreement and understanding between the parties hereto and supersedes any and all prior agreements and understandings, oral or written, relating to the subject matter hereof.