SERVICE AGREEMENT AND LIABILITY DISCLAIMER 

This Service Agreement (“Agreement”) is entered into as of [Date], by and between Customer Booking a Repair Via Swerve Repair Application: 

Swerve Industries LLC, doing business as Swerve Repair, a LLC Partnership (“Swerve” or “Company”), with its principal place of business at 3500 Rockmont Drive apt 16204, Denver Colorado 80202, and 

Customer (“Customer”) address on file  

The parties hereto agree as follows by booking a Swerve, and Clicking Acknowledge  

 

1. Services Provided by Swerve 

Swerve provides a vehicle delivery and management service to facilitate the transport of vehicles to and from third-party auto repair shops (“Auto Shop”) on behalf of customers. Swerve is responsible for coordinating the vehicle's pickup and delivery, ensuring the vehicle is brought to the Auto Shop, and handling the invoicing and payment processes related to the repair services rendered by the Auto Shop. 

 

2. Limitations of Swerve’s Responsibility 

  • No Liability for Repairs: Customer acknowledges that Swerve is not responsible for any repairs, services, or maintenance performed by the Auto Shop. Swerve acts solely as a third-party service provider to deliver the vehicle to the Auto Shop. All repairs, services, and warranties are the sole responsibility of the Auto Shop and are governed by the terms and conditions.  

  • No Warranty or Guarantee: Swerve does not offer any warranties, guarantees, or representations regarding the quality, performance, or timeliness of repairs or services performed by the Auto Shop. Any warranties, guarantees, or assurances regarding repairs must be obtained directly from the Auto Shop. 

 

3. Acknowledgment of Risk 

  • Third-Party Services: Customer acknowledges and agrees that Swerve is not liable for any damages or issues that may arise from the services performed by the Auto Shop, including but not limited to substandard repairs, errors in repair work, delays, or any accidents occurring while the vehicle is at the Auto Shop. 

  • Customer’s Responsibility: The Customer is responsible for reviewing the terms and conditions, including warranties and liabilities, of any repair or service agreements directly with the Auto Shop. Swerve is not a party to those agreements. 

 

4. Payment Terms 

  • Service Fee: Customer agrees to pay Swerve the service fee for coordinating the transport of the vehicle to and from the Auto Shop as outlined on Swerve’s website or in a separate communication, which may include a finder's fee, transport fee, and other administrative charges. 

  • Auto Shop Payment: Customer acknowledges that payment for services rendered by the Auto Shop is the Customer’s responsibility, and Swerve’s role is solely in facilitating the vehicle's transport. Any issues or disputes regarding charges or service quality at the Auto Shop must be resolved directly with the Auto Shop. 

 

5. Limitation of Liability 

  • Exclusion of Liability: Swerve shall not be held liable for any damages, losses, injuries, or other issues arising from the repair or service work performed by the Auto Shop, including but not limited to: 

  • Vehicle damage during repair or transport 

  • Incomplete or inadequate repairs 

  • Injury or loss caused by the Auto Shop’s actions or omissions 

  • Indemnity: The Customer agrees to indemnify, defend, and hold harmless Swerve, its officers, employees, agents, and affiliates from and against any and all claims, demands, damages, liabilities, or expenses (including reasonable attorney fees) arising out of or in connection with any repair work performed by the Auto Shop or any issues related to the Auto Shop’s services. 

 

6. Insurance and Coverage 

  • Customer’s Insurance: The Customer acknowledges and agrees that they are solely responsible for maintaining adequate insurance coverage for their vehicle, including during the repair process at the Auto Shop. Swerve does not provide insurance for repairs or damages that may occur while the vehicle is in the possession of the Auto Shop. 

  • No Liability for Loss or Damage: Swerve is not responsible for any loss, theft, or damage to the vehicle while the vehicle is at the Auto Shop or in transit, unless the loss or damage was caused by the gross negligence or willful misconduct of Swerve’s employees or agents. 

 

7. Vehicle Condition and Release 

  • Pre-Repair Condition: The Customer acknowledges that it is their responsibility to ensure the vehicle is in proper condition for transport and repair. Swerve is not liable for any existing damage, defects, or issues with the vehicle prior to the Auto Shop's repair services. 

  • Release of Vehicle: The Customer authorizes Swerve to release the vehicle to the Auto Shop for repair and service, and acknowledges that Swerve is not responsible for the condition of the vehicle once the vehicle is delivered to the Auto Shop. 

 

8. Dispute Resolution 

  • Resolution Process: In the event of a dispute between the Customer and Swerve regarding this Agreement, both parties agree to attempt to resolve the dispute through informal negotiations. If the dispute cannot be resolved informally, the parties agree to resolve the matter through binding arbitration in Colorado, under the rules of the American Arbitration Association. 

  • Attorney's fees are paid for in full by the Customer  

 

9. Miscellaneous Provisions 

  • Entire Agreement: This Agreement constitutes the entire understanding between the Parties regarding the services provided by Swerve and supersedes all prior and contemporaneous agreements, representations, and understandings, whether written or oral, related to such services. 

  • Amendments: This Agreement may only be amended or modified in writing, signed by both parties. 

  • Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the state of Colorado, without regard to its conflict of law principles. 

  • Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remainder of the Agreement shall remain in full force and effect.