Terms of Service

Please take time to read the following in its entirety to completely understand the terms of service. You are solely responsible for reviewing our terms and service prior to submitting request to have work performed. Once a service request is submitted and or a deposit is collected you herby agree to the following terms of service.

Welcome to the Apex Auto Care web site. By using the Apex Auto Care website YOU AGREE TO BE BOUND BY ITS TERMS OF SERVICE (explained below), LEGAL NOTICES, PRIVACY POLICY and all disclaimers and terms and conditions that appear elsewhere on the Apex Auto Care web site. The policies of Apex Auto Care service center will not differ from those applicable to your use of the Apex Auto Care web site.

References to Apex Auto Care herein refer to Apex Auto Care or their affiliates, subsidiaries and designees as deemed appropriate by Apex Auto Care.

Apex Auto Care reserves the right to make changes to the Apex Auto Care website and its Terms of Service and Legal Notices at any time. Each time you use the Apex Auto Care web site, you should visit and review the then current Terms of Service, Legal Notices and Privacy Policy that apply to your transactions and use of this site. If you are dissatisfied with the Apex Auto Care web site, its content or Terms of Service and Legal Notices, you agree that your sole and exclusive remedy is to discontinue using the Apex Auto Care web site.

Tampering with the site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the site are prohibited.

WESBITE DISCLAIMER AND LIMITATION OF LIABILITY

By using the Apex Auto Care web site, you expressly agree that use of the Apex Auto Care web site is at your sole risk. The Apex Auto Care web site is provided on an “AS IS” and “as available” basis. Neither Apex Auto Care nor its parent company, affiliates, subsidiaries or designees nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, “Associates”) warrant that use of the Apex Auto Care web site will be uninterrupted or error-free. Neither Apex Auto Care nor its Associates warrant the accuracy, integrity or completeness of the content provided on the Apex Auto Care web site or the products or services offered for sale on the Apex Auto Care web site. Further, Apex Auto Care makes no representation that content provided on the Apex Auto Care web site is applicable to, or appropriate for use in, locations outside of the United States. Apex Auto Care and its Associates specifically disclaim all warranties, whether expressed or implied, including but not limited to warranties of title, merchantability or fitness for a particular purpose. No oral advice or written information given by Apex Auto Care or its Associates shall create a warranty. Some states do not allow the exclusion or limitation of certain warranties, so the above limitation or exclusion may not apply to you.

Under no circumstances shall Apex Auto Care or its Associates be liable for any direct, indirect, incidental, special or consequential damages that result from your use of or inability to use the Apex Auto Care. Web site, including but not limited to reliance by you on any information obtained from the Apex Auto Care web site that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance. The foregoing Limitation of Liability shall apply in any action, whether in contract, tort or any other claim, even if an authorized representative of Apex Auto Care has been advised of or should have knowledge of the possibility of such damages. User hereby acknowledges that this paragraph shall apply to all content, merchandise and services available through the Apex Auto Care web site. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

These Website Disclaimers and Limitations apply solely to use of the Apex Auto Care website and online content, and do not govern liability related to in-shop vehicle services, which are addressed separately below.

SERVICE RELATED LIMITATION OF LIABILITY

To the fullest extent permitted by law, Apex Auto Care’s total aggregate liability arising out of or relating to any services performed (including but not limited to paint protection film installation or removal, coatings, detailing, tint, or related services), whether based in contract, tort, negligence, strict liability, statute, misrepresentation, or any other legal theory, shall be limited to the lesser of:

(1) the total amount paid by Customer for the specific service line item giving rise to the claim; or
(2) the cost of re-performance of that specific service, as determined by Apex Auto Care.

Nothing in this section shall limit liability for gross negligence or willful misconduct to the extent such limitation is prohibited by applicable law.

This limitation applies regardless of the number of claims asserted and regardless of the legal theory upon which recovery is sought.

SERVICE CONDITIONS; ASSUMPTION OF MATERIAL RISK

Without limiting the foregoing, Apex Auto Care is not responsible for:

(i) worsening or progression of any condition following Customer’s delay in reporting an issue or refusal to allow timely inspection and corrective action;
(ii) damage attributable to environmental exposure, material cure dynamics, adhesive bonding characteristics, increased adhesion over time, or normal material behavior, including but not limited to post-installation exposure to freezing temperatures, rapid temperature fluctuations, severe weather conditions, or climate-related expansion and contraction occurring after release of the vehicle;
(iii) pre-existing paint defects, prior bodywork, refinished panels, repaints, aged finishes, non-OEM finishes, weak or compromised clear coat, or previously repaired surfaces that may fail during installation or removal;
(iv) third-party modification, attempted repair, removal, or interference; or
(v) customer misuse, neglect, improper maintenance, or failure to follow aftercare instructions.

Customer acknowledges that removal of adhesive film products may involve inherent risk, particularly on previously repaired, refinished, aged, non-OEM, or compromised surfaces, and Apex Auto Care shall not be responsible for damage resulting from latent defects, prior repairs, substrate weaknesses, or conditions not caused by Apex Auto Care.

NO CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR LOSS-OF-USE DAMAGES

To the fullest extent permitted by law, Apex Auto Care shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or relating to any services performed, products installed, delays, warranty claims, or any alleged defect or condition.

Without limitation, Apex Auto Care shall not be liable for:

• Diminished value of the vehicle
• Alleged loss of resale value
• Loss of use of the vehicle
• Rental vehicle expenses
• Rideshare or transportation costs
• Towing or storage expenses not expressly authorized in writing
• Travel costs or lodging
• Lost time, lost wages, or lost income
• Business interruption or lost business opportunity
• Emotional distress, inconvenience, or loss of enjoyment
• Any speculative or consequential economic loss

This exclusion applies regardless of the legal theory asserted and even if Apex Auto Care has been advised of the possibility of such damages.

Nothing herein shall limit liability to the extent such limitation is prohibited by applicable law.

EXCLUSIVE REMEDY

Except as otherwise prohibited by law, Customer’s sole and exclusive remedy for any claim arising out of or relating to services performed by Apex Auto Care shall be limited to:

(i) re-performance of the specific service at issue; or
(ii) refund of the amount paid for the specific service line item giving rise to the claim,

at Apex Auto Care’s election.

Customer acknowledges that the pricing of services reflects this allocation of risk and limitation of remedies.

No other remedy, including repair by third parties, replacement of unrelated components, or monetary damages beyond the limitation set forth herein, shall be available.

FORCE MAJEURE; SUPPLIER, CARRIER & THIRD-PARTY DELAYS

Apex Auto Care shall not be liable for any delay, interruption, failure of performance, increased cost, or inability to perform services to the extent caused by events or circumstances beyond its reasonable control, including but not limited to acts of God; severe weather; hurricanes; flooding; fire; natural disasters; supply-chain disruptions; shortages or unavailability of materials, parts, products, or components; manufacturer, distributor, vendor, or supplier delays; discontinued or backordered products or parts; labor shortages; subcontractor unavailability; utility outages; equipment failure; power or internet interruption; governmental orders or restrictions; customs or import delays; port disruptions; civil unrest; war; terrorism; pandemics; public-health emergencies; transportation disruptions; carrier delays; or any other circumstance beyond Apex Auto Care’s reasonable control.

This provision specifically includes materials, parts, products, components, or other project-specific items that are delayed, lost, misrouted, damaged, held, returned, withheld, backordered, or otherwise fail to arrive as expected while in the possession or control of a manufacturer, distributor, vendor, supplier, freight company, parcel carrier, shipping company, customs authority, or other third party.

In the event of such occurrence:

  1. Any estimated service, installation, completion, or delivery timeline shall be extended for the period reasonably necessary to address or recover from the delay or interruption.

  2. Apex Auto Care may suspend, reschedule, sequence, or continue affected and unaffected portions of the services as reasonably appropriate without such scheduling adjustment constituting a breach of this Agreement.

  3. Apex Auto Care shall not be required to purchase duplicate or replacement materials, parts, products, or components at its own expense solely to overcome a delay, loss, misrouting, damage, non-delivery, or other failure caused by a supplier, manufacturer, distributor, carrier, freight provider, or other third party.

  4. Apex Auto Care may, at its discretion, pursue replacement shipments, supplier or carrier claims, alternative products, substitute materials or parts, alternative vendors, expedited freight, or other commercially reasonable solutions.

  5. If Customer requests expedited replacement materials or parts, premium or expedited freight, alternative sourcing, substitute products, additional labor, or other measures that result in costs beyond the originally authorized scope of work, Apex Auto Care may require written Customer authorization and payment of such additional costs before proceeding.

  6. Apex Auto Care shall not be responsible for loss-of-use damages, rental vehicle expenses, lost profits, business interruption, consequential damages, incidental damages, or other costs arising solely from a delay or interruption caused by circumstances covered by this section, to the fullest extent permitted by applicable law.

  7. If the cost of required materials, parts, products, components, freight, or related third-party services materially increases as a result of circumstances covered by this section, Apex Auto Care may propose a reasonable price adjustment and obtain Customer approval before incurring charges outside the authorized scope of work.

  8. Apex Auto Care will use commercially reasonable efforts to communicate material delays of which it becomes aware and, where reasonably practicable, pursue available resolution with the applicable manufacturer, distributor, supplier, carrier, or other third party. Such efforts do not constitute a guarantee of replacement, reimbursement, shipment recovery, carrier claim approval, delivery date, or project completion date.

  9. If the originally specified material, part, product, or component becomes unavailable for a prolonged period or is discontinued, Apex Auto Care may propose a comparable substitute, reschedule the affected services, or modify the scope of work subject to Customer approval where the proposed change materially alters the authorized services or price.

Force Majeure shall not excuse Customer’s payment obligations for services already completed, materials or parts already installed, or other charges properly earned or incurred under this Agreement.

This section shall apply only to the extent the delay, interruption, additional cost, or inability to perform was caused by circumstances outside Apex Auto Care’s reasonable control and shall not excuse Apex Auto Care’s failure to timely perform an obligation that was reasonably within its control.

ENTIRE AGREEMENT; NO ORAL MODIFICATION

These Terms, together with any signed work order, service authorization, estimate, invoice, or written change order issued by Apex Auto Care, constitute the entire agreement between the parties and supersede all prior or contemporaneous discussions, representations, negotiations, or agreements, whether oral, written, electronic, or otherwise.

Customer acknowledges that no verbal statements, text messages, emails, social media communications, or informal communications shall modify, expand, or alter the scope of work, warranties, remedies, or liability limitations set forth herein unless expressly incorporated into a written document signed by an authorized representative of Apex Auto Care.

No amendment or modification of these Terms shall be binding unless in writing and signed by an authorized representative of Apex Auto Care.

Statements, opinions, or informal communications made by employees, technicians, subcontractors, or staff during service discussions, troubleshooting, or customer interaction shall not constitute binding admissions of liability, causation, or fault, and shall not modify these Terms unless expressly confirmed in a written document signed by an authorized representative of Apex Auto Care.

Customer acknowledges that it is not relying upon any oral statements, representations, assurances, estimates, opinions, or informal communications not expressly set forth in a written agreement signed by an authorized representative of Apex Auto Care. Customer further acknowledges that no employee, technician, subcontractor, or staff member is authorized to modify liability, warranties, scope of work, timelines, or remedies except through a written document signed by management. Any alleged reliance on statements not contained in such written agreement is unreasonable as a matter of law.

ELECTRONIC ACCEPTANCE; BINDING EFFECT

Customer agrees that execution of a work order, estimate approval, online booking confirmation, digital signature, email confirmation, text acknowledgment, or electronic acceptance shall constitute binding agreement to these Terms.

Customer acknowledges that electronic signatures and electronic records shall have the same legal effect as original handwritten signatures pursuant to applicable electronic transaction laws.

FEES, TERMS OF SERVICE, AND PAYMENT

Service Pricing and Authorization

The price for services performed by Apex Auto Care shall be the agreed amount identified as the total cost in the Customer’s accepted estimate, work order, or service authorization.

Service pricing reflects the authorized scope of work, materials, labor, scheduling commitments, and other resources reasonably necessary to perform the requested services.

Estimated completion times are based on the anticipated scope and condition of the vehicle and are not guaranteed. Actual service duration may vary due to vehicle condition, installation complexity, material requirements, unforeseen circumstances, or other conditions addressed in these Terms.

Customer agrees to disclose any special requirements, modifications, known vehicle defects, operational limitations, or additional service requests before work begins.

Deposits and Payment Requirements

A Project Authorization Deposit equal to fifty percent (50%) of the accepted service estimate is required to reserve installation time and authorize project preparation, unless Apex Auto Care expressly agrees otherwise in writing.

The deposit shall be governed by the PROJECT AUTHORIZATION DEPOSITS provisions contained within the CANCELLATIONS AND REFUNDS section of these Terms.

The remaining authorized service balance is due on the scheduled service date unless a different payment arrangement is approved in writing by Apex Auto Care.

Where services are interrupted, suspended, or partially completed, the amount properly payable shall be determined under the Interrupted or Partially Completed Services provision below and the applicable terms of the accepted service authorization.

Apex Auto Care accepts cash, approved checks, and major credit cards, including Visa, Mastercard, and Discover, subject to applicable payment-processing requirements.

Checks shall be made payable to Apex Auto Care. Customer shall not leave cash, checks, or other payments unattended inside the vehicle.

A fee of $30 may be assessed for a check returned because of insufficient funds, to the extent permitted by applicable law.

Changes to Authorized Services

Any changes, additions, modifications, or services outside the originally accepted work order must be approved in writing by Customer and Apex Auto Care before the additional work begins.

Apex Auto Care may issue a supplemental estimate, revised work order, or written change order identifying the additional scope, applicable charges, and any anticipated scheduling adjustments.

Changes to the authorized scope, pricing, or schedule shall not otherwise invalidate the remaining provisions of these Terms.

Interrupted or Partially Completed Services

Customer acknowledges that an authorized installation may be interrupted, suspended, delayed, or rendered temporarily impossible to complete because of an electrical, mechanical, battery, charging-system, or other vehicle condition not caused by Apex Auto Care.

Where such a condition prevents completion of the originally authorized scope of work, Apex Auto Care may suspend affected services, document the work completed, and provide Customer with an itemized accounting.

Such accounting may identify:

  • Services and installation labor already completed.

  • Materials or products already installed.

  • Project-specific materials or other costs properly chargeable under the accepted agreement.

  • Additional labor or third-party expenses separately authorized by Customer.

  • Payments and deposits already received.

  • The remaining unfinished portion of the authorized work.

Customer remains responsible for amounts properly earned or incurred under the accepted service agreement and applicable law.

Apex Auto Care shall not be required to waive payment for properly completed services solely because an unrelated vehicle condition prevents completion of other authorized work.

However, the entire remaining project balance shall not automatically become payable solely because work has been interrupted. Any amounts charged for unfinished services, committed materials, or cancellation-related obligations must be supported by the applicable contractual provisions and governing law.

Apex Auto Care may propose a revised scope of work, a new completion schedule, or termination of the unfinished portion of the project.

Any revised agreement or additional work authorization shall be documented in writing.

Additional Labor and Third-Party Expenses

Additional labor, technical consultation, recovery assistance, coordination services, and other work beyond the originally authorized scope shall be governed by the TIME-BASED BILLING; EXPEDITED OR OUT-OF-SCOPE SERVICES section.

Battery failures, electrical conditions, EV charging requirements, interrupted installations, and vehicle recovery responsibilities shall be governed by the VEHICLE BATTERY CONDITION, POWER MANAGEMENT & RELATED DELAYS section.

Any approved additional expenses shall be itemized and billed separately from the original installation price.

Past-Due Accounts and Collection

Invoices that remain unpaid shall be subject to the PAST DUE OR OPEN INVOICES section of these Terms.

Apex Auto Care reserves the right to pursue payment of lawfully owed balances through available contractual and legal remedies.

Reasonable collection costs, court costs, and attorneys’ fees may be recovered only to the extent authorized by the accepted agreement and applicable law.

Any right to retain possession of a vehicle or enforce a lien shall be governed exclusively by the MECHANIC’S LIEN; RIGHT TO RETAIN POSSESSION; DISPOSITION OF PROPERTY section and applicable law.

PAST DUE OR OPEN INVOICES

Payment Obligations

Customer agrees to pay all properly authorized and lawfully owed charges in accordance with the accepted service estimate, work order, invoice, and applicable provisions of these Terms.

Payment for completed services is due according to the agreed payment schedule. Unless otherwise agreed in writing, an unpaid invoice shall be considered past due fifteen (15) calendar days after its stated payment due date.

The existence of a payment dispute does not automatically extinguish otherwise valid contractual payment obligations.

Past-Due Notices and Interest

Apex Auto Care may provide written notice of an outstanding balance through the contact information supplied by Customer.

Any unpaid amount may accrue simple interest at the lesser of eighteen percent (18%) per annum or the maximum rate permitted by applicable law, beginning on the date payment became due.

Interest shall be calculated only on outstanding principal lawfully subject to interest and shall not be compounded unless expressly authorized by a separate enforceable written agreement.

No interest shall be assessed in violation of applicable Texas or federal law.

Collection and Enforcement

Apex Auto Care reserves the right to pursue collection of lawfully owed amounts through available contractual remedies, permitted collection activities, arbitration, or judicial proceedings.

Customer may be responsible for reasonable collection expenses, court costs, and attorneys’ fees to the extent recoverable under the accepted agreement and applicable law.

Apex Auto Care may retain possession of a vehicle for unpaid charges only where a valid possessory lien or another independent legal basis authorizes such retention.

All vehicle-retention and lien-enforcement matters shall be governed exclusively by the MECHANIC’S LIEN; RIGHT TO RETAIN POSSESSION; DISPOSITION OF PROPERTY section and applicable law.

Relationship to Other Policies

Storage fees are governed exclusively by the VEHICLE STORAGE FEES section.

Chargebacks and payment reversals are governed by the CHARGEBACKS; PAYMENT DISPUTES; FRAUDULENT PAYMENT CLAIMS section, subject to applicable law and payment-network requirements.

Nothing in this section creates an additional administrative penalty, storage charge, or independent right to retain or dispose of Customer’s vehicle.

CANCELLATIONS AND REFUNDS

Service Satisfaction:

Due to the nature of professional automotive services, labor and materials are non-refundable once services have been performed.

If a customer is dissatisfied with a service performed, Apex Auto Care may, at its sole discretion, offer to re-perform the service in full or in part. Re-performance of the service is the exclusive remedy for dissatisfaction with services rendered.

Apex Auto Care reserves the right to determine whether the services performed meet professional industry standards.

Project Authorization Deposits:

Apex Auto Care operates by appointment only. To reserve installation time and authorize project preparation, a Project Authorization Deposit equal to fifty percent (50%) of the total service estimate is required.

This deposit authorizes Apex Auto Care to:

• reserve installation time within our service schedule
• begin project preparation
• allocate labor and scheduling resources
• purchase, order, source, or prepare vehicle-specific materials, parts, products, components, or other project-specific items required for the service

By submitting the project deposit, Customer authorizes Apex Auto Care to reserve installation time and begin project preparation, including the purchase, ordering, sourcing, or preparation of vehicle-specific materials, parts, products, components, or other project-specific items required for the scheduled service.

The project deposit is a non-refundable project authorization payment made in consideration of reserved installation time, administrative preparation, allocation of labor capacity, and vehicle-specific materials, parts, products, components, or other project-specific items and planning associated with the scheduled service. The deposit may be credited toward the total project balance only if the scheduled service proceeds.

The project deposit represents agreed liquidated damages that the parties acknowledge are reasonable and proportionate to the anticipated losses resulting from cancellation, including reserved installation time, administrative preparation, scheduling allocation, and project-specific materials, parts, products, components, or other project-specific items and readiness associated with the authorized service.

Customer acknowledges and agrees that the project deposit is earned by Apex Auto Care upon project authorization in exchange for reserving installation time, committing labor resources, and initiating project preparation. Customer further acknowledges that Apex Auto Care may decline other work opportunities in reliance on this reserved installation time.

If the customer cancels, abandons, delays, or refuses to proceed with the project after authorization, Apex Auto Care is not obligated to refund the deposit, as the deposit is earned upon project authorization in exchange for reserved installation time, administrative preparation, scheduling allocation, and project-specific readiness.

Deposits are non-refundable once the estimate has been accepted and the project has been authorized.

Initiating a chargeback or payment dispute for a project authorization deposit after the project has been authorized may constitute a material breach of these Terms and shall be governed by the CHARGEBACKS; PAYMENT DISPUTES; FRAUDULENT PAYMENT CLAIMS section of these Terms.

All deposits, project authorization payments, and cancellation-related charges are subject to the CHARGEBACKS; PAYMENT DISPUTES; FRAUDULENT PAYMENT CLAIMS section of these Terms.

Rescheduling:

Customers may reschedule their appointment with a minimum of 48 hours notice prior to their scheduled service date.

Rescheduling within 48 hours of the scheduled appointment may result in a $250 rescheduling fee, which may be deducted from the project deposit or added to the customer’s outstanding balance.

Cancellations:

If a customer cancels a scheduled service after the project has been authorized, the project deposit will be forfeited.

Deposits are not refundable due to changes in vehicle purchase decisions, financing issues, scheduling conflicts, personal circumstances, or other customer-controlled reasons once the project has been authorized.

Cancellation of a scheduled service by the customer does not invalidate the underlying agreement or relieve the customer of obligations already incurred under these Terms, including non-refundable deposits, rescheduling fees, storage fees, administrative fees, and any other charges lawfully earned or incurred prior to cancellation.

Any application of a forfeited deposit toward future services is solely a discretionary goodwill accommodation by Apex Auto Care and shall not be required or construed as a waiver of Apex Auto Care’s right to retain the deposit.

VEHICLE STORAGE FEES

Storage Capacity and Customer Obligations

Apex Auto Care operates as a limited-capacity, appointment-based automotive appearance and protection facility. Customer acknowledges that vehicle parking, service bays, staging areas, and storage capacity are intended primarily for vehicles actively receiving authorized services and for reasonable periods associated with vehicle delivery and collection.

Customer agrees to retrieve the vehicle promptly upon notification that authorized services are complete or, where applicable, to arrange appropriate vehicle recovery when the vehicle cannot be operated or services cannot reasonably continue.

Apex Auto Care does not provide complimentary long-term vehicle storage.

Completed Vehicle Storage

Upon completion of authorized services, Apex Auto Care will notify Customer that the vehicle is ready for collection.

Customer shall have seventy-two (72) hours after such notification to retrieve the vehicle unless a different arrangement is approved in writing.

If the vehicle remains on Apex Auto Care’s premises beyond this period, the following daily storage fees may be assessed:

  • Vehicles 25 feet in length or less: $22.85 per day.

  • Vehicles exceeding 25 feet in length: $39.99 per day.

Storage charges accrue for each additional day, including weekends and holidays, after expiration of the applicable grace period, subject to applicable law.

Disabled or Inoperable Vehicles

If a vehicle becomes disabled, immobilized, electrically unresponsive, or otherwise inoperable while on Apex Auto Care’s premises, and such condition prevents the continuation of authorized services or timely vehicle removal, Apex Auto Care may issue written notice requiring Customer to arrange appropriate roadside assistance, technical support, professional transportation, or other reasonable recovery measures.

Where the condition is attributable to circumstances for which Customer is responsible, Customer agrees to cooperate promptly in arranging recovery in accordance with the VEHICLE BATTERY CONDITION, POWER MANAGEMENT & RELATED DELAYS section.

If the vehicle remains on Apex Auto Care’s premises after expiration of a reasonable written removal deadline, the daily storage rates stated above may apply, to the extent permitted by applicable law and the Customer’s accepted agreement.

Any applicable storage fees shall be calculated from the expiration of the stated removal deadline, not automatically from the moment the vehicle becomes inoperable.

Notice and Storage Administration

Apex Auto Care will provide written notice of the circumstances giving rise to storage charges, the applicable rate, and the date on which charges are scheduled to begin.

Storage fees shall be itemized separately from installation labor, authorized additional services, and third-party recovery expenses.

Apex Auto Care may waive or modify storage charges through a written agreement without waiving its right to enforce other provisions of these Terms.

No storage fee shall be imposed for a delay attributable to Apex Auto Care’s failure to exercise reasonable care, to the extent prohibited by law.

Payment, Vehicle Release, and Legal Remedies

Customer remains responsible for properly incurred storage charges and other amounts due under the accepted service authorization, subject to applicable law.

Apex Auto Care reserves all lawful rights and remedies for the recovery of unpaid charges. However, vehicle retention, towing, lien enforcement, sale, or disposal shall occur only where independently authorized by applicable law and in compliance with any required notice and procedural requirements.

The existence of an unpaid storage balance, standing alone, shall not be interpreted as automatically creating a statutory possessory lien or unrestricted right to withhold a vehicle.

Apex Auto Care shall not declare a vehicle legally abandoned solely because a contractual pickup or recovery deadline has expired. Any abandoned-vehicle procedure shall be governed by applicable law.

Operational Disruption

Customer acknowledges that failure to retrieve or arrange lawful recovery of a vehicle may interfere with scheduled services and facility operations.

The daily storage charges stated in this section are intended to compensate Apex Auto Care for reasonably anticipated storage-related burdens and are not intended as punitive penalties.

Any separate claim for actual damages resulting from a material breach of Customer’s obligations shall be subject to applicable law and the remaining provisions of this Agreement.

Apex Auto Care shall not impose automatic lost-revenue penalties or unapproved service-bay occupancy surcharges.

DAMAGE OR LOSS; INSURANCE; RISK OF LOSS

Customer acknowledges that Apex Auto Care is not an insurer of vehicles or personal property. Customer agrees to maintain active and adequate automobile insurance coverage, including comprehensive and collision coverage, for the vehicle at all times while the vehicle is in Apex Auto Care’s custody, control, or on its premises, including during storage or transportation.

Customer’s automobile insurance shall be primary for any loss, theft, fire, vandalism, environmental damage, acts of third parties, weather events (including but not limited to hail or flooding), or other casualty unless otherwise required by applicable law.

Except to the extent caused by Apex Auto Care’s gross negligence or willful misconduct, Apex Auto Care shall not be liable for loss or damage arising from:

(i) fire, theft, vandalism, weather, natural disaster, or other acts of God;
(ii) acts of third parties or other customers;
(iii) gradual deterioration, environmental exposure, or corrosion;
(iv) transportation delays, subcontractor facility conditions, or parts/material shortages;
(v) government action, civil unrest, or other events beyond Apex Auto Care’s reasonable control; or
(vi) operation or use of the vehicle by Customer or any third party not employed by Apex Auto Care.

Apex Auto Care shall not be responsible for claims of diminished value, loss of use, loss of income, rental costs, or consequential damages of any kind.

Any liability of Apex Auto Care, if established, shall be strictly limited in accordance with the Limitation of Liability section of these Terms.

WAIVER OF SUBROGATION

To the fullest extent permitted by law, Customer hereby irrevocably waives and releases any and all rights of subrogation, reimbursement, contribution, indemnity, or recovery against Apex Auto Care, its owners, officers, employees, managers, affiliates, successors, assigns, subcontractors, vendors, and agents for any loss, damage, or claim that is covered, in whole or in part, by Customer’s insurance.

Customer agrees to notify its insurer of this waiver and to cause its insurance policies to permit and honor such waiver of subrogation. Customer further agrees that any insurance coverage maintained by Customer shall be primary and non-contributory with respect to any loss or damage occurring while the vehicle is in Apex Auto Care’s custody, control, or on its premises.

If Customer’s insurer asserts any subrogation or recovery claim against Apex Auto Care in violation of this provision, Customer shall indemnify, defend, and hold harmless Apex Auto Care from and against any such claim, including reasonable attorneys’ fees, costs, and expenses incurred in defending against such action.

This waiver shall apply regardless of whether the alleged loss is caused in whole or in part by Apex Auto Care, except to the extent such waiver is prohibited by applicable law with respect to gross negligence or willful misconduct.

This provision shall survive completion of services, payment, termination of the relationship, and release of the vehicle.

EXOTIC, HIGH-VALUE, OR SPECIALTY VEHICLE NOTICE

Customer acknowledges that exotic, luxury, high-performance, limited-production, collectible, or specialty vehicles (“High-Value Vehicles”) may contain specialized materials, custom finishes, sensitive electronics, carbon fiber components, ceramic braking systems, non-OEM paint systems, unique coatings, or manufacturer-specific tolerances that are inherently more fragile, unpredictable, or susceptible to cosmetic variation than standard production vehicles.

Customer understands and agrees that:

(i) Apex Auto Care does not guarantee aesthetic perfection or uniform cosmetic outcomes on High-Value Vehicles;
(ii) inherent material sensitivities, prior repairs, refinished panels, aging finishes, or latent defects may affect installation, removal, coating performance, or final appearance;
(iii) certain manufacturer finishes, matte paints, specialty clear coats, and carbon fiber components may react unpredictably to adhesive, heat, polishing, or removal processes;
(iv) Apex Auto Care may, in its sole discretion, refuse service, modify scope, require additional written authorization, require supplemental liability acknowledgments, or adjust pricing prior to performing work on High-Value Vehicles.

Except to the extent caused by Apex Auto Care’s gross negligence or willful misconduct, Apex Auto Care shall not be liable for damage arising from inherent material vulnerabilities, manufacturer defects, prior refinishing, structural weaknesses, or latent conditions unique to High-Value Vehicles.

DETERMINING THE COST OF YOUR SERVICE

Apex Auto Care must conduct a consultation with you and see the vehicle before we can provide you the total cost and estimate of time AND before we accept a job. We reserve the right to adjust any over-the-phone cost or time estimate after we have visually inspected your vehicle before or after the service has started. A written estimate is good for 5 days. An estimate is not binding beyond 5 days of the date of the estimate OR if the vehicle condition changes between the time the vehicle was inspected and scheduled appointment.

DISCOUNTED OR ACCOMODATION SERVICES

From time to time, Apex Auto Care may offer promotional, discounted, or accommodation pricing. Discounted pricing reflects adjustments in commercial margin or scope, but does not imply reduced workmanship standards.

All services, whether discounted or full price, are performed consistent with industry standards of reasonable skill and care.

Discounted pricing does not create additional warranty rights beyond those otherwise applicable under these Terms, nor does it expand the scope of work beyond what is expressly stated in the written service authorization.

CUSTOMER-PROVIDED OR THIRD-PARTY PARTS; AFTERMARKET COMPONENTS

If Customer supplies any parts, materials, components, or products for installation, including but not limited to aftermarket, modified, rebuilt, refinished, or non-OEM items, Customer acknowledges and agrees that:

(i) Apex Auto Care makes no representation or warranty regarding fitment, compatibility, durability, or performance of such parts;
(ii) Apex Auto Care shall not be responsible for defects, premature failure, surface incompatibility, or damage arising from the condition or quality of such parts;
(iii) installation of customer-provided or third-party components is performed at Customer’s risk.

Apex Auto Care reserves the right to refuse installation of any component it reasonably believes to be defective, unsafe, incompatible, or improperly manufactured.

USE OF SUBCONTRACTORS

Apex Auto Care may, at its sole discretion, engage qualified subcontractors, affiliates, or independent technicians (“Subcontractors”) to perform any portion of the services offered, including but not limited to detailing, paint protection film installation, ceramic coating, paint correction, window film, or other automotive care services.

All Subcontractors engaged by Apex Auto Care are carefully vetted and are required to adhere to our standards of quality, safety, and professionalism. Apex Auto Care remains fully responsible for the performance of services provided by its Subcontractors and will supervise or coordinate their work as necessary to ensure it meets the expectations set forth in these Terms of Service.

Subcontractors are bound by written agreements that include confidentiality and non-disclosure obligations. These agreements prohibit the sharing, misuse, or unauthorized disclosure of customer information, vehicle data, proprietary methods, or any other confidential material.

By accepting these Terms of Service, you acknowledge and agree that:

  • Subcontractors may perform all or part of the services on your vehicle;
  • Apex Auto Care remains solely liable for the actions and workmanship of its Subcontractors;
  • You will not attempt to bypass Apex Auto Care by contracting directly with any Subcontractor introduced through our services.

This clause is intended to maintain transparency while preserving the integrity and confidentiality of our operations and ensuring the highest level of service for our customers.

Nothing in these Terms shall be construed to create any partnership, joint venture, agency, fiduciary, or employment relationship between Customer and Apex Auto Care beyond that of independent contracting parties.

NON-CIRCUMVENTION

Customer agrees not to circumvent, avoid, bypass, or obviate Apex Auto Care in any manner, whether directly or indirectly, to seek, solicit, contract with, or engage any subcontractors, vendors, technicians, or service providers introduced or utilized by Apex Auto Care for the purpose of providing services that are the same as or similar to those offered by Apex Auto Care, during the term of the agreement and for a period of twenty four (24) months thereafter.

Any such circumvention shall be considered a material breach of this agreement and subject to legal remedies including, but not limited to, injunctive relief and liquidated damages in the amount of $10,000 per occurrence. The parties acknowledge and agree that this amount represents a reasonable pre-estimate of anticipated damages and is not intended as a penalty.

SERVICE TIME; RESULT EXPECTATIONS; SUBJECTIVE OUTCOMES

Customer acknowledges that automotive cosmetic and surface services are inherently variable and dependent upon prior vehicle condition, age, environmental exposure, refinishing history, manufacturer tolerances, and material limitations.

Apex Auto Care performs services consistent with industry standards of reasonable skill and care; however:

(i) cosmetic outcomes are not guaranteed to meet subjective or aesthetic preferences;
(ii) perfection, invisibility of film edges, uniform gloss levels, or elimination of all surface defects cannot be guaranteed;
(iii) timelines provided are estimates only and may be affected by unforeseen conditions, material behavior, curing dynamics, environmental factors, or Force Majeure events.

Dissatisfaction based solely on subjective expectations, where services were performed consistent with industry standards, shall not constitute defective workmanship.

NO RUSH POLICY

Standard Scheduling and Service Timelines

Apex Auto Care operates by appointment and schedules services according to installation capacity, project complexity, material availability, staffing, and existing customer commitments.

Unless expressly agreed otherwise in writing, all services are performed according to Apex Auto Care’s standard scheduling and production procedures.

Estimated completion dates and turnaround times are not guaranteed and may be reasonably adjusted due to vehicle condition, installation requirements, material availability, unforeseen circumstances, or other conditions addressed in these Terms.

Rush and Priority Service Requests

Customers requesting expedited scheduling, accelerated turnaround, priority installation, or special allocation of labor resources may request a rush or priority service accommodation.

Apex Auto Care reserves the right to accept or decline such requests based on available personnel, scheduling capacity, safety, and the requirements of existing customer projects.

Where Apex Auto Care agrees to provide expedited service, the applicable pricing may consist of either:

  • A rush surcharge equal to twenty-five percent (25%) of the applicable authorized service price; or

  • Priority labor billed at $250 per hour, as provided in the TIME-BASED BILLING; EXPEDITED OR OUT-OF-SCOPE SERVICES section.

The applicable pricing method, scope, and estimated additional charges must be disclosed and approved by Customer in writing before expedited services begin.

Both pricing methods shall not be applied to the same expedited work unless separately itemized, expressly authorized in writing, and based on distinct additional services.

No Guaranteed Expedited Completion

Payment of a rush surcharge or priority labor rate does not constitute an unconditional guarantee of completion by a particular date or time.

Any expressly agreed completion deadline shall be documented in writing and remains subject to circumstances beyond Apex Auto Care’s reasonable control and the applicable provisions of these Terms.

Unapproved Rush Requests

Customer requests for expedited completion, additional staffing, or scheduling priority do not obligate Apex Auto Care to modify its existing production schedule.

Apex Auto Care may decline unapproved rush requests without such refusal constituting a breach of the accepted service agreement.

Any changes to the original scope, price, or schedule shall be documented and approved in writing in accordance with the applicable provisions of these Terms.

SERVICE COMPLETION AND VEHICLE RELEASE

Service Completion and Customer Notification

Upon completion of authorized services, Apex Auto Care will notify Customer through the contact information provided at the time of booking or during the service process that the vehicle is ready for pickup.

Customer agrees to retrieve the vehicle within seventy-two (72) hours after such notification unless an alternative pickup arrangement has been approved in writing by Apex Auto Care.

Customer is responsible for maintaining accurate contact information and making reasonable arrangements for timely vehicle collection.

Payment and Release Requirements

Payment for completed services and other properly authorized charges is due in accordance with the FEES, TERMS OF SERVICE, AND PAYMENT and PAST DUE OR OPEN INVOICES sections of these Terms.

Apex Auto Care reserves the right to require payment of amounts lawfully due before vehicle release, to the extent permitted by applicable law.

Nothing in this section independently creates a possessory lien or authorizes vehicle retention beyond the rights available under applicable law.

Any lawful possessory lien or related enforcement procedure shall be governed by the MECHANIC’S LIEN; RIGHT TO RETAIN POSSESSION; DISPOSITION OF PROPERTY section.

Delayed Pickup and Storage Fees

Vehicles remaining on Apex Auto Care’s premises beyond the agreed pickup period may become subject to storage charges under the VEHICLE STORAGE FEES section.

Any storage charges shall be assessed only in accordance with the applicable notice requirements, rates, deadlines, and legal limitations stated in that section.

Unfinished Services and Inoperable Vehicles

If authorized services cannot be completed because the vehicle becomes disabled, electrically unresponsive, mechanically inoperable, or otherwise unsafe or unsuitable for continued work, Apex Auto Care may suspend affected services and notify Customer of the condition preventing completion.

The responsibilities for restoring vehicle mobility, arranging professional assistance, authorizing additional services, and coordinating vehicle recovery shall be governed by the VEHICLE BATTERY CONDITION, POWER MANAGEMENT & RELATED DELAYS section, where applicable.

Any storage charges arising from delayed recovery shall be governed exclusively by the VEHICLE STORAGE FEES section.

Suspension of services due to an inoperable vehicle shall not, by itself, constitute completion of the originally authorized work.

Failure to Retrieve Vehicle

If Customer fails to retrieve a vehicle following the applicable notice and pickup period, Apex Auto Care may pursue lawful remedies for unpaid charges and continued vehicle occupancy.

Any towing, vehicle retention, lien enforcement, abandoned-vehicle process, or disposition of property shall be undertaken only as independently authorized by applicable law and following all required procedures.

Failure to retrieve a vehicle within the contractual pickup period shall not, by itself, constitute legal abandonment or authorize sale or disposal of the vehicle.

QUALITY OF SERVICE

At Apex Auto Care, we take pride in delivering industry-leading automotive paint protection and restyling services to the North Houston community. Our team is committed to providing the highest level of craftsmanship, attention to detail, and care for your vehicle. While we aim for excellence, it is important to understand that no service is guaranteed to fully restore a vehicle to a like-new or factory condition, nor are results guaranteed to meet subjective expectations of perfection.

Every vehicle has its own unique wear, history, and limitations, and services are performed within the boundaries of available time, tools, materials, and professional expertise. Our goal is to enhance and protect your vehicle to the best of our ability within these constraints.

A final inspection will be conducted with the Customer at the time of service completion. Customer is encouraged to carefully inspect the vehicle and raise any visible concerns prior to removing the vehicle from Apex Auto Care’s premises.

Acceptance of the vehicle and removal from the premises shall constitute acknowledgment that the services were completed in satisfactory condition, subject to the written notice requirements set forth in the “Final Inspection; Acceptance of Services” section of these Terms.

By choosing Apex Auto Care, you acknowledge that you are authorizing us to use professional judgment on the scope and method of work, and that final results may vary based on the condition of your vehicle. We appreciate your understanding and look forward to exceeding your expectations whenever possible.

FINAL INSPECTION; ACCEPTANCE OF SERVICES

Customer agrees to inspect the vehicle at the time of pickup. Acceptance of the vehicle at pickup, whether by signature, electronic acknowledgment, or removal of the vehicle from Apex Auto Care’s premises, constitutes confirmation that the services were performed in a satisfactory manner.

Any visible concerns, workmanship issues, or discrepancies must be reported in writing within forty-eight (48) hours of vehicle pickup. Failure to provide written notice within this period constitutes acceptance of the services as completed. Failure to provide written notice within forty-eight (48) hours creates a rebuttable presumption that no visible workmanship defect existed at the time of pickup.

This provision does not limit Apex Auto Care’s obligations under any applicable written workmanship warranty, but failure to provide timely notice may affect available remedies.

CONDITION AFTER RELEASE; BURDEN OF PROOF

Once the vehicle leaves Apex Auto Care’s possession, Apex Auto Care shall not be responsible for damage, contamination, environmental exposure, misuse, or alteration occurring thereafter.

Timing of discovery alone does not establish causation. Temporal proximity between service and discovery of a condition shall not, by itself, establish that Apex Auto Care caused the condition. Customer bears the burden of proving, by competent evidence, that any alleged damage was directly caused by Apex Auto Care’s services and not by subsequent events, environmental exposure, material cure dynamics, adhesive bonding characteristics, normal material behavior, or third-party involvement.

Where multiple potential causes may exist for an alleged condition, including but not limited to prior repairs, refinished panels, pre-existing defects, environmental exposure, material cure dynamics, third-party interference, misuse, neglect, or post-release events, any recovery shall be reduced proportionally in accordance with Texas comparative responsibility law. To the extent Customer or any third party caused or contributed to the alleged condition, Apex Auto Care’s liability, if any, shall be limited to its proportionate share of responsibility as determined under applicable law.

PRESERVATION OF EVIDENCE

Upon discovery of any alleged defect, damage, or condition related to services performed by Apex Auto Care, Customer agrees to preserve the vehicle and all installed materials in their existing condition and shall not alter, remove, repair, replace, modify, test, or allow any third party to inspect, disassemble, or perform corrective work prior to providing Apex Auto Care a reasonable opportunity to inspect.

Customer acknowledges that alteration, removal, environmental exposure, continued operation, third-party evaluation involving physical manipulation, or destructive testing may materially change the condition of adhesive film systems, coatings, finishes, substrates, electronic components, or other vehicle systems and may impair the ability to determine causation.

Failure to preserve the vehicle and materials in substantially the same condition as when the alleged issue was first discovered may:

(i) limit or void any applicable workmanship remedy;
(ii) impair Apex Auto Care’s ability to evaluate causation; and
(iii) result in the Customer bearing the burden of proving, by competent evidence, that the alleged condition existed prior to any alteration or third-party involvement.

Nothing in this section prohibits Customer from obtaining independent written evaluations; however, such evaluations shall not involve removal, modification, destructive testing, or alteration of installed materials prior to Apex Auto Care’s inspection and Opportunity to Cure.

WARRANTY DISCLAIMER; SEPARATE SERVICE AGREEMENTS

Except as expressly stated in a separate written warranty issued by Apex Auto Care or a product manufacturer, all services are provided without additional express or implied warranties.

Any manufacturer warranty applicable to products installed by Apex Auto Care is solely between Customer and the manufacturer. Apex Auto Care does not assume responsibility for manufacturer warranty administration except as explicitly agreed in writing.

Where applicable, manufacturer warranties are tracked by product roll number, batch identification, or invoice documentation. VIN registration is not required unless expressly required by the manufacturer’s written policy. Administrative registration processes do not affect warranty validity unless explicitly required by the manufacturer.

If Customer purchases any extended service agreement, maintenance plan, or warranty program, such agreement shall constitute a separate contract governed by its own terms and conditions and shall not modify these Terms unless expressly stated in writing.

DUTY TO MITIGATE; OPPORTUNITY TO INSPECT AND CURE

Customer agrees to promptly notify Apex Auto Care in writing of any concern, defect, or issue related to services performed and must provide Apex Auto Care a reasonable opportunity to inspect and, if applicable, correct the condition (“Opportunity to Cure”) before authorizing any third-party repair, removal, or corrective action. Customer acknowledges that delaying inspection or corrective action may allow continued progression of the condition, increased bonding or adhesion of materials (including but not limited to adhesive film systems), environmental effects, or additional risk during removal or replacement. Failure to provide the vehicle for inspection within a reasonable timeframe after notice may limit available remedies and may result in expanded conditions falling outside warranty consideration. If delayed mitigation results in expanded separation, contamination, removal risk, or additional labor/material beyond the originally reported condition, such additional work is not warranty work and, if Customer requests correction, will be performed only under a new paid work order and may be billed at Apex Auto Care’s then-current time-based rates. For adhesive film systems, a reasonable timeframe shall generally not exceed five (5) business days absent extenuating circumstances. To the fullest extent permitted by law, Apex Auto Care shall not be responsible for any additional or expanded damages, conditions, or costs that result from (i) delayed reporting, (ii) refusal to allow inspection and corrective action within a reasonable timeframe, (iii) continued use after discovery of an issue, or (iv) third-party interference, modification, or attempted repair. Any third-party work performed prior to Apex Auto Care’s inspection and Opportunity to Cure may void any applicable workmanship remedy. Inspection, evaluation, or diagnostic review of a vehicle or installed materials does not constitute an admission of causation, defect, liability, or responsibility. Any determination of responsibility shall be based on documented findings and applicable standards.

BINDING ARBITRATION; CLASS ACTION WAIVER; JURY TRIAL WAIVER; EXCLUSIVE DISPUTE RESOLUTION

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND HAVE A JURY TRIAL.

To the fullest extent permitted by law, any dispute, claim, controversy, demand, action, or cause of action of any kind arising out of or relating to these Terms of Service, any estimate, invoice, warranty, service performed, product installed, payment, communication, or any relationship between Customer and Apex Auto Care (collectively, “Disputes”), whether sounding in contract, tort, statute, fraud, misrepresentation, negligence, or any other legal theory, shall be resolved exclusively in accordance with this section.

(i) Good Faith Resolution Requirement
Before initiating arbitration or any permitted court action, the complaining party shall provide written notice describing the nature of the Dispute and the requested resolution. The parties shall engage in good faith efforts to resolve the Dispute for a period of thirty (30) days from receipt of written notice. No arbitration demand may be filed until this thirty (30) day period has expired, unless emergency equitable relief is required.

(ii) Binding Individual Arbitration
If the Dispute is not resolved through good faith negotiation, the Dispute shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association (“AAA”) under its applicable Consumer Arbitration Rules then in effect, unless the parties mutually agree in writing to a different administrator. Arbitration shall:

• Be conducted before a single neutral arbitrator
• Take place in Montgomery County, Texas
• Be governed by Texas substantive law
• Allow reasonable discovery consistent with the amount in controversy
• Result in a written, reasoned award

The arbitrator shall have authority to award any relief available under applicable law, subject to the express limitations of liability, damage exclusions, and contractual remedies set forth in these Terms. The arbitrator shall not have authority to modify or rewrite these Terms.

Judgment on the arbitration award may be entered in any court of competent jurisdiction.

(iii) Arbitration Costs
Arbitration fees and arbitrator compensation shall be allocated in accordance with the applicable arbitration rules and Texas law. Apex Auto Care shall not seek to impose costs in a manner that would render arbitration legally inaccessible or unconscionable. Each party shall bear its own attorneys’ fees unless otherwise provided by statute or by the prevailing party provision below.

(iv) Small Claims Court Carve-Out
Either party may bring an individual claim in a small claims court located in Montgomery County, Texas, provided the claim:

• Is brought solely on an individual basis
• Does not seek class, collective, consolidated, or representative relief
• Remains within the jurisdictional limits of small claims court

If a small claims action is removed, transferred, or appealed, the Dispute shall be subject to binding arbitration under this section.

(v) Class Action and Representative Proceeding Waiver
All Disputes shall be resolved on an individual basis only. Customer and Apex Auto Care each waive any right to:

• Participate in a class action
• Serve as a class representative
• Join or consolidate claims with other individuals
• Assert claims in a collective, consolidated, mass, or representative capacity

The arbitrator shall have no authority to certify or conduct any class, collective, representative, or consolidated proceeding.

(vi) Jury Trial Waiver (Court Proceedings Only)
If any Dispute proceeds in court for any reason, including enforcement of an arbitration award or where arbitration is deemed unenforceable, Customer and Apex Auto Care knowingly and voluntarily waive any right to a trial by jury. Any permitted court proceeding shall be conducted before a judge sitting without a jury in a court of competent jurisdiction in Montgomery County, Texas. Customer acknowledges that this waiver is a material inducement to Apex Auto Care providing services.

(vii) Limited Court Relief
Notwithstanding the arbitration requirement, Apex Auto Care may seek temporary, preliminary, or permanent injunctive or equitable relief in a court of competent jurisdiction to:

• Enforce mechanic’s lien rights
• Recover or collect unpaid balances
• Prevent fraudulent chargebacks or payment reversals
• Protect proprietary information, trade secrets, or confidential materials
• Enforce non-circumvention, confidentiality, or intellectual property provisions

Such action shall not waive the right to compel arbitration of any remaining claims.

(viii) Exclusive Venue and Governing Law
These Terms and any Dispute shall be governed by the laws of the State of Texas without regard to conflict-of-law principles. For any court action permitted under this section, including actions to compel arbitration or enforce an arbitration award, exclusive venue shall lie in Montgomery County, Texas.

(ix) Prevailing Party Attorneys’ Fees
To the fullest extent permitted by law, the prevailing party in any arbitration or permitted court proceeding arising out of or related to these Terms shall be entitled to recover reasonable attorneys’ fees, costs, and expenses.

(x) Survival and Severability
This arbitration and dispute resolution provision shall survive completion of services, payment, termination of the relationship, or any cancellation of services. If any portion of this section is found unenforceable, the remaining provisions shall remain in full force and effect to the maximum extent permitted by law. If the class action waiver is found unenforceable, the class claims shall proceed only in a court of competent jurisdiction and not in arbitration.

GOODWILL ACCOMMODATIONS; NO ADMISSION OF LIABILITY

From time to time, Apex Auto Care may, in its sole discretion, offer discounted services, partial refunds, product replacements, or other accommodations in an effort to resolve customer concerns efficiently and maintain goodwill.

Any such accommodation is a discretionary business decision and shall not constitute an admission of fault, liability, defective workmanship, product defect, negligence, or causation. No accommodation shall be construed as evidence that Apex Auto Care caused or contributed to any alleged damage or condition.

Unless expressly stated in a written agreement signed by an authorized representative of Apex Auto Care, goodwill accommodations do not create additional warranty rights, expand existing warranty coverage, modify liability limitations, or alter the Terms of Service.

LIMITATION ON TIME TO FILE CLAIMS

To the fullest extent permitted by law, any claim or cause of action arising out of or related to services performed by Apex Auto Care must be brought within one (1) year from the date of service completion, regardless of when the alleged defect, damage, or condition was discovered or reasonably should have been discovered. Any claim not brought within this period is permanently barred.

SEVERABILITY; ENFORCEMENT

If any provision of these Terms is found to be invalid, unenforceable, or prohibited under applicable law, such provision shall be severed and modified to the minimum extent necessary to render it enforceable, and the remaining provisions shall remain in full force and effect.

Failure by Apex Auto Care to enforce any provision shall not constitute waiver of that provision or any other right.

ASSIGNMENT

Customer may not assign, transfer, or delegate any rights or obligations under these Terms without prior written consent of Apex Auto Care.

Apex Auto Care may assign or transfer its rights and obligations under these Terms to any affiliate, successor, purchaser of assets, or entity formed in connection with restructuring, merger, or sale of the business without notice to Customer.

PHOTO AND MEDIA RELEASE; LICENSE GRANT

Customer grants Apex Auto Care, its owners, affiliates, successors, assigns, subcontractors, marketing partners, and agents a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to photograph, record, and use images, video, audio, and other media of Customer’s vehicle and related property for lawful business purposes, including but not limited to advertising, marketing, portfolio display, website content, social media, promotional materials, training, documentation, and dispute resolution.

Customer acknowledges and agrees that:

(i) such media may include identifiable features of the vehicle, including license plates, VIN plates, customizations, or other distinguishing characteristics unless otherwise requested in writing prior to service;

(ii) Apex Auto Care shall have the right to edit, crop, modify, reproduce, publish, distribute, display, or otherwise use such media in its discretion;

(iii) Customer waives any right to inspect or approve the finished product, marketing materials, or specific use of such media;

(iv) Customer waives any claim to compensation, royalties, or other payment arising from use of such media;

(v) Customer releases and holds harmless Apex Auto Care from any claims arising from lawful use of such media, including claims related to privacy, publicity, or likeness rights.

If Customer does not wish for identifiable license plate information to be displayed publicly, Customer must provide written notice prior to service. Absent such written notice, Apex Auto Care may display such information in its ordinary course of business.

This release shall survive completion of services, termination of the relationship, or payment in full.

VEHICLE CONDITION DOCUMENTATION

Apex Auto Care performs visual inspections and captures photographs and/or videos of vehicles as part of our standard quality control process and to protect both the customer and our business from liability related to pre-existing damage or defects. This documentation may include, but is not limited to, the condition of exterior panels, wheels, windows, trim, and other vehicle surfaces at the time of drop-off and/or throughout the service process.

All images, videos, and written inspection notes are considered proprietary records and are the sole property of Apex Auto Care. These materials are collected for internal use and shall not be considered part of the customer’s service deliverables.

Customers are strongly encouraged to inspect their vehicle thoroughly at both drop-off and pickup, and to raise any concerns with Apex Auto Care staff at that time. While Apex Auto Care may, at its sole discretion, share documentation upon written request, we are under no obligation to release copies of internal records unless legally compelled to do so.

By leaving your vehicle in our care, you acknowledge and agree to this documentation process and understand that such records may be used in the event of a dispute to verify the condition of the vehicle before and after service. Absence of notation or photographic documentation of a specific condition at intake shall not automatically create a presumption that such condition did not exist prior to service. Customer bears the burden of demonstrating, by competent evidence, that any alleged damage was more likely than not directly caused by Apex Auto Care’s services and not by pre-existing conditions, environmental exposure, normal material behavior, third-party involvement, or post-release events.

PREPARING YOUR VEHICLE

Vehicle Preparation and Personal Property

Customer agrees to deliver the vehicle in a reasonably clean, accessible, safe, and serviceable condition appropriate for the authorized services.

Before vehicle delivery, Customer is responsible for removing cash, jewelry, electronics, firearms, valuables, fragile items, and other personal property not required for the authorized work.

Customer should empty compartments, storage areas, and other locations that may require access during the service process.

Apex Auto Care is not responsible for loss of or damage to personal property left inside the vehicle except to the extent caused by Apex Auto Care’s failure to exercise reasonable care or as otherwise required by law.

If personal items interfere with authorized services, Apex Auto Care may temporarily relocate or secure those items using reasonable care.

Customer must notify Apex Auto Care before work begins if any particular area, accessory, component, or compartment must not be accessed or serviced.

Vehicle Operating Condition

Customer represents that the vehicle is delivered in a condition reasonably suitable for the authorized services, including normal starting, operation, repositioning, and removal from the facility.

Customer agrees to disclose any known mechanical, electrical, battery, charging-system, electronic, immobilizer, or other operational condition that could interfere with the safe performance of services.

This includes known intermittent starting problems, warning indicators, battery deterioration, charging limitations, aftermarket electrical modifications, and manufacturer-specific operating requirements relevant to the work.

Apex Auto Care may decline intake, delay commencement, or request additional information when a known or reasonably apparent condition creates a safety concern or prevents the authorized work from being performed.

Electric Vehicle and Plug-In Hybrid Preparation

Customers delivering battery-electric vehicles or plug-in hybrid electric vehicles must ensure the vehicle arrives with sufficient charge for the reasonably anticipated service period, normal vehicle movement, and collection.

Where supplemental charging may be necessary during the service period, Customer is responsible for confirming charging arrangements with Apex Auto Care before delivery.

Unless otherwise agreed in writing, Customer must provide compatible, safe, manufacturer-approved charging equipment and any required adapters suitable for the electrical infrastructure available at the facility.

Apex Auto Care does not guarantee access to dedicated EV charging equipment, 240-volt power, manufacturer-specific charging accessories, or any particular charging capability.

Failure to arrive with adequate charge or necessary compatible charging equipment may result in delayed intake, suspension of services, or rescheduling.

All electrical-system responsibilities, charging limitations, interruption procedures, and related cost allocations shall be governed by the VEHICLE BATTERY CONDITION, POWER MANAGEMENT & RELATED DELAYS section of these Terms.

Keys, Access, and Manufacturer-Specific Requirements

Customer agrees to provide functioning vehicle keys, key fobs, access cards, or other necessary means of safely accessing, operating, and repositioning the vehicle during authorized services.

Customer must disclose any known valet restrictions, immobilizer settings, manufacturer-specific access procedures, security features, or aftermarket systems that could prevent normal vehicle movement or interfere with services.

Customer is responsible for ensuring that access credentials supplied to Apex Auto Care remain functional during the service period.

Apex Auto Care may suspend affected services where vehicle access or normal operation becomes unavailable through circumstances outside its reasonable control.

Failure to Meet Intake Requirements

If the vehicle arrives in a condition materially different from that disclosed during scheduling, or without equipment or access necessary to perform the authorized work safely, Apex Auto Care may decline intake, suspend affected services, or propose rescheduling.

Any deposits, rescheduling fees, additional labor, or other charges shall be governed exclusively by the applicable provisions elsewhere in these Terms.

No additional charge shall arise automatically solely because a vehicle fails to meet an intake requirement.

Nothing in this section relieves Apex Auto Care of responsibility for its own failure to exercise reasonable care where such responsibility cannot lawfully be excluded.

WHAT WE WILL NOT DO

We will not perform any additional work outside of our scope of work that is agreed upon in the contract. We will not remove parts or accessories, remove emblems and badging or detail the vehicle unless it is agreed upon in a written change order or the customer authorizes us to perform the work. We will also not remove or reinstall any child safety seats. 

TIME-BASED BILLING; EXPEDITED OR OUT-OF-SCOPE SERVICES

Standard Labor and Consultation Rates

Apex Auto Care’s standard time-based rate for diagnostic consultation, technical review, additional installation labor, corrective evaluation, documentation, or other authorized services outside the originally agreed scope of work is $150 per hour, billed in minimum increments of thirty (30) minutes.

Time-based charges are separate from the originally authorized installation price and apply only to additional services that Customer has approved in writing, except where immediate action is reasonably necessary to protect persons or property and reimbursement is otherwise legally recoverable.

Priority and Expedited Services

Where Customer requests expedited scheduling, priority allocation, accelerated turnaround, additional technicians, or adjustments to an established workflow, Apex Auto Care may offer such services at a priority labor rate of $250 per hour.

Any priority or expedited labor charges must be disclosed and authorized in writing before commencement.

Priority scheduling and expedited service availability remain at Apex Auto Care’s discretion and are not guaranteed.

Vehicle-Related Interruptions and Additional Services

If a vehicle develops an electrical, mechanical, charging, battery, or other condition that interrupts authorized services, Apex Auto Care may suspend affected work as provided elsewhere in these Terms.

Where Customer requests or authorizes assistance outside the originally agreed installation scope, additional time-based charges may apply for activities including:

  • Vehicle power-support assistance within Apex Auto Care’s capabilities.

  • Coordination with manufacturer roadside-assistance providers, towing operators, dealerships, or third-party technicians.

  • Customer-requested troubleshooting, inspections, testing, or technical consultation.

  • Additional disassembly, reassembly, vehicle preparation, or installation work necessitated by the interruption.

  • Additional vehicle repositioning or recovery assistance performed safely within Apex Auto Care’s capabilities.

  • Administrative or documentation services specifically requested and authorized by Customer beyond ordinary customer communications.

Customer shall be informed of the applicable rate and estimated scope of additional services before providing written authorization.

Apex Auto Care is not obligated to undertake mechanical repairs, electrical diagnosis, high-voltage system work, or other services beyond its personnel’s qualifications or ordinary business operations.

Third-Party Expenses

Where Customer authorizes Apex Auto Care to coordinate or procure third-party assistance, Customer shall be responsible for approved charges incurred for those services, subject to applicable law and the allocation of responsibility established elsewhere in these Terms.

Third-party expenses may include roadside assistance, towing, manufacturer-qualified technicians, transportation, replacement charging equipment, or other authorized recovery services.

Apex Auto Care will obtain written approval before incurring material third-party expenses, except where immediate action is reasonably necessary to protect persons or property.

Any separately charged coordination labor shall be disclosed and authorized in advance.

Documentation and Billing

Additional authorized labor shall be documented and itemized separately from the original service estimate.

Apex Auto Care may require advance payment or a supplemental deposit before undertaking additional out-of-scope services, provided such requirements are disclosed and accepted by Customer.

Any authorized additional labor or expenses shall be added to the Customer’s invoice and become payable according to the applicable payment provisions of these Terms.

Time spent on ordinary scheduling, standard customer communication, internal troubleshooting undertaken without Customer authorization, or routine management of Apex Auto Care’s own operations shall not automatically create a chargeable customer obligation.

Relationship to Other Policies

Battery and electrical-system failures, EV charging requirements, and vehicle recovery responsibilities are governed by the VEHICLE BATTERY CONDITION, POWER MANAGEMENT & RELATED DELAYS section.

Storage charges are governed exclusively by the VEHICLE STORAGE FEES section.

This section does not establish additional storage fees, automatic operational disruption penalties, or separate rights to retain a vehicle.

Nothing herein transfers responsibility to Customer for expenses directly attributable to Apex Auto Care’s failure to exercise reasonable care where such responsibility cannot lawfully be transferred.

VEHICLE BATTERY CONDITION, POWER MANAGEMENT & RELATED DELAYS

Vehicle Electrical Condition and Customer Responsibilities

Customer acknowledges that vehicle batteries, low-voltage and high-voltage electrical systems, charging systems, electronic control modules, battery management systems, and related components may have pre-existing, latent, intermittent, age-related, manufacturer-related, or otherwise undetectable conditions or defects unrelated to services performed by Apex Auto Care.

Certain authorized services may require vehicle doors, hatches, trunks, lighting, accessory systems, electronic modules, infotainment systems, or other electrical components to remain active for extended periods. Such ordinary service procedures may increase electrical demand and contribute to battery discharge, particularly where a battery has diminished capacity or an underlying defect.

Customer represents that the vehicle is delivered with its battery and electrical systems in serviceable condition, with sufficient electrical power to support reasonably anticipated service activities, vehicle repositioning, and collection following completion.

Apex Auto Care shall not be responsible for battery discharge, inability to start, charging-system malfunction, or other electrical failure to the extent caused by pre-existing or latent defects, inadequate battery capacity, normal deterioration, improper maintenance, customer-provided equipment, or other conditions not attributable to Apex Auto Care’s failure to exercise reasonable care.

Electric Vehicle and Plug-In Hybrid Charging Requirements

Customers delivering battery-electric vehicles (BEVs), plug-in hybrid electric vehicles (PHEVs), or other externally rechargeable vehicles are responsible for ensuring adequate battery charge throughout the anticipated service period.

Where supplemental charging is reasonably anticipated or requested, Customer must provide compatible, safe, manufacturer-approved charging equipment and any required adapters unless Apex Auto Care expressly agrees in writing to provide them.

Customer is responsible for confirming compatibility with the electrical infrastructure available at Apex Auto Care before delivery.

Apex Auto Care does not guarantee the availability of dedicated EV charging stations, 240-volt charging service, manufacturer-specific charging connectors, adapters, uninterrupted charging, or any particular charging speed.

Apex Auto Care is not obligated to purchase charging equipment, modify its electrical infrastructure, provide alternative charging arrangements, or undertake electrical repairs to accommodate a vehicle.

Apex Auto Care may decline vehicle intake, suspend services, or require rescheduling when inadequate charge, missing or incompatible equipment, or an electrical condition creates a reasonable safety or operational concern.

Any additional charging equipment, replacement adapters, third-party services, or other expenses beyond the originally authorized service scope must be approved by Customer in writing before purchase or performance, except for emergency measures reasonably necessary to protect persons or property.

Battery Support and Electrical Assistance

Customer authorizes Apex Auto Care, when reasonably necessary and within its personnel’s qualifications, to undertake commercially reasonable battery maintenance or power-support measures using equipment and procedures appropriate for the vehicle.

Such measures may include connecting a compatible battery maintainer, providing manufacturer-approved external charging, or arranging authorized roadside assistance.

Apex Auto Care retains the discretion to decline electrical intervention, including jump-starting, charging, or other procedures, where manufacturer requirements, system condition, safety concerns, or personnel qualifications make intervention inappropriate.

Apex Auto Care does not undertake to diagnose, repair, replace, reprogram, or restore defective or malfunctioning electrical systems unless such work is separately agreed upon in writing and falls within its capabilities.

The provision of limited power assistance shall not constitute a warranty of battery health, charging-system performance, electrical reliability, or successful restoration of vehicle operation.

Vehicle Power Failure and Suspension of Services

If a vehicle becomes discharged, electrically unresponsive, immobilized, unable to accept a charge, or otherwise inoperable during the service period, Apex Auto Care may immediately suspend affected services where reasonably necessary for safety, vehicle protection, or operational continuity.

Apex Auto Care may document the vehicle’s condition, suspend unfinished installation work, and notify Customer that manufacturer-qualified technical assistance, roadside support, diagnosis, repair, or professional transportation is required before services can resume.

Where the condition is not attributable to Apex Auto Care’s failure to exercise reasonable care, Customer is responsible for arranging and paying for services reasonably necessary to restore vehicle mobility or arrange lawful removal.

Apex Auto Care shall not be required to continue an installation while the vehicle cannot safely support the required work, nor shall it be required to undertake mechanical or electrical diagnosis outside its authorized service scope.

Estimated completion dates may be reasonably extended to account for the interruption and any resulting scheduling requirements.

Disabled Vehicles and Operational Recovery

Customer acknowledges that Apex Auto Care operates a limited-capacity, appointment-based automotive appearance and protection facility and does not provide long-term disabled-vehicle storage or general mechanical repair services.

If a vehicle becomes inoperable and occupies an active service bay, staging area, or other operational space, Apex Auto Care may notify Customer in writing that appropriate technical assistance or vehicle removal arrangements are required.

Where Customer is responsible for the condition preventing vehicle movement, Customer agrees to cooperate promptly and use commercially reasonable efforts to provide a recovery plan within one business day after receiving notice.

Apex Auto Care may establish a reasonable written deadline for arranging qualified roadside assistance, repairs, or professional transportation, taking into account safety, manufacturer requirements, and third-party availability.

Apex Auto Care is not required to leave an active installation bay indefinitely unavailable while awaiting resolution of a customer-responsible vehicle condition.

Any vehicle relocation or towing shall be performed only when reasonably safe and legally authorized, following any required notice or consent.

Applicable storage charges, when authorized and legally permissible, shall be governed exclusively by the VEHICLE STORAGE FEES section of these Terms.

Additional Labor and Third-Party Expenses

Customer may be responsible for reasonable, documented expenses resulting from a customer-attributable electrical condition, including authorized roadside assistance, towing, recovery services, additional labor, or third-party technical assistance.

Additional labor performed by Apex Auto Care beyond the original service authorization shall be governed exclusively by the TIME-BASED BILLING; EXPEDITED OR OUT-OF-SCOPE SERVICES section of these Terms.

Written authorization shall be obtained before performing chargeable additional services or incurring material third-party expenses, except where immediate measures are reasonably necessary to protect persons or property.

Operational inconvenience alone shall not create an automatic additional fee or penalty.

Interrupted Installations and Financial Responsibility

Where services cannot be completed because of a vehicle condition not caused by Apex Auto Care, Customer remains responsible for amounts properly earned or incurred under the existing service authorization, including completed work, installed materials, and other charges recoverable under these Terms and applicable law.

Apex Auto Care may provide an itemized accounting of completed and unfinished work and may propose rescheduling, a revised scope of work, or termination of the unfinished portion of the project.

Resumption of unfinished services is subject to the vehicle being returned to safe, serviceable condition and Apex Auto Care’s next reasonably available installation schedule.

Deposits, cancellations, rescheduling, and payment obligations remain governed by their respective provisions elsewhere in these Terms.

Allocation of Responsibility

The parties acknowledge that an electrical failure occurring while a vehicle is in Apex Auto Care’s possession does not, by itself, establish the cause of that failure or responsibility for resulting expenses.

Responsibility shall be determined according to the circumstances, available documentation, applicable standards of reasonable care, and governing law.

Nothing in this section excludes liability for damage directly attributable to Apex Auto Care’s negligence or other conduct to the extent such liability cannot lawfully be excluded.

NO RECORDING POLICY

To maintain a safe and professional environment and to protect proprietary processes, video and audio recording of non-public operational areas, proprietary methods, or employees while actively performing services is prohibited without prior written consent. This includes:

  • Recording staff while working on vehicles
  • Filming or photographing vehicles, tools, products, or customer interactions
  • Capturing conversations, proprietary processes, or business operations

Violations and Remedies

Unauthorized recording is a breach of these Terms of Service and may result in the following actions at our sole discretion:

  1. Immediate Termination of Service:
    Services in progress may be suspended or canceled without refund.
  2. Removal from Premises:
    You may be asked to leave our property immediately and denied future access.
  3. Permanent Ban:
    We reserve the right to permanently bar individuals from our premises or services if found in violation.
  4. Legal Action:
    Unauthorized recordings may infringe on intellectual property rights, employee privacy rights, and trade secrets. We reserve the right to pursue legal remedies, including:
    • Injunctive relief to prevent further distribution or use
    • Compensation for damages
    • Recovery of legal fees and costs associated with enforcement
  5. DMCA and Platform Takedown Requests:
    If content is shared online, we may pursue takedown requests under the Digital Millennium Copyright Act (DMCA) or equivalent policies on applicable platforms.

By entering our premises or engaging our services, you acknowledge and agree to abide by this policy. If you wish to obtain permission to record for any reason, please submit a written request to management at info@apexautodetailing.com for approval prior to your visit.

VEHICLE CAMERAS, SURVEILLANCE & REMOTE VIEWING

Customer acknowledges that certain vehicles may be equipped with factory-installed or aftermarket cameras, microphones, dash cameras, surveillance systems, remote-view features, security modes, or similar recording or monitoring technology.

To protect the privacy and security of Apex Auto Care’s employees, customers, vehicles, proprietary processes, and non-public operational areas, Customer agrees that such systems may not be used to record, monitor, transmit, livestream, or remotely view activity occurring within non-public areas of Apex Auto Care’s facility without prior written authorization.

Customer authorizes Apex Auto Care to temporarily disable or deactivate applicable recording, surveillance, or remote-view functions while the vehicle is in Apex Auto Care’s possession, including, where applicable, Sentry Mode, Dashcam recording, Live Camera or remote camera access, parking surveillance, or comparable manufacturer or aftermarket features.

This authorization is limited to disabling or deactivating such functionality for privacy and security purposes. Apex Auto Care will not intentionally access, review, erase, format, alter, or delete previously stored customer recordings or data unless separately authorized by Customer or required by law.

Apex Auto Care may restore applicable settings prior to vehicle release but does not guarantee that every customer-configured setting will be returned to its exact prior configuration. Customer is responsible for confirming preferred camera, surveillance, security, and recording settings following vehicle pickup.

NON-DEFAMATION; GOOD FAITH COMMUNICATION

Apex Auto Care values honest feedback and does not prohibit customers from expressing lawful opinions regarding their experience. Nothing in these Terms shall be construed to restrict or penalize lawful consumer reviews or communications protected under applicable law.

However, Customer agrees not to knowingly make or publish any false statements of fact regarding Apex Auto Care, its services, employees, subcontractors, or business practices. Customer further agrees not to engage in fraudulent, malicious, extortionate, or intentionally misleading conduct designed to harm the reputation of Apex Auto Care.

In the event Customer makes statements that are demonstrably false, knowingly misleading, or defamatory under applicable law, Apex Auto Care reserves the right to pursue all available legal remedies, including injunctive relief and recovery of actual damages as permitted by law.

Nothing in this section shall limit Customer’s right to express truthful opinions or to provide lawful reviews.

EXTORTION; BAD FAITH CLAIMS; COERCIVE CONDUCT

Apex Auto Care will not tolerate extortionate, coercive, or bad faith conduct.

Customer agrees that it shall constitute a material breach of these Terms if Customer:

(i) threatens negative reviews, social media exposure, regulatory complaints, chargebacks, or public accusations for the purpose of obtaining money, refunds, discounts, free services, concessions, or other compensation to which Customer is not legally entitled;

(ii) knowingly makes false statements of fact regarding alleged damage, service performance, or business practices;

(iii) submits fraudulent insurance claims, chargebacks, or payment disputes in bad faith;

(iv) inflates, fabricates, or misrepresents damages;

(v) withholds payment for completed services as leverage unrelated to legitimate, good faith disputes.

Customer acknowledges that such conduct may constitute civil extortion, fraud, tortious interference, or other unlawful acts under applicable law.

In the event of extortionate or bad faith conduct, Apex Auto Care reserves the right to:

• Immediately suspend or terminate services
• Withhold release of the vehicle consistent with applicable lien laws
• Deny warranty consideration
• Recover actual damages, attorney’s fees, court costs, and administrative expenses
• Seek injunctive relief
• Report fraudulent activity to appropriate authorities

Nothing in this section limits Customer’s right to pursue lawful claims or provide truthful reviews protected by law.

Good. This is where a lot of shops get blindsided.

Chargebacks are not just a payment issue — they’re leverage tactics.

You want language that:

  • Makes chargebacks without notice a breach

  • Requires opportunity to cure

  • Preserves your right to collect

  • Allows recovery of chargeback fees

  • Allows lien enforcement

  • Allows attorney fee recovery

  • Makes fraudulent disputes actionable

But it must not violate card network rules (Visa/MC/Amex).

We’ll structure it properly.

CHARGEBACKS; PAYMENT DISPUTES; FRAUDULENT PAYMENT CLAIMS

This section applies to all payments, including deposits, project authorization deposits, service payments, progress payments, and final invoices. Customer agrees that any billing dispute must first be submitted to Apex Auto Care in writing, and Customer shall provide Apex Auto Care a reasonable opportunity to investigate and resolve the matter prior to initiating any credit card chargeback, payment reversal, or financial institution dispute. Customer acknowledges that initiating a chargeback without first complying with the dispute procedures outlined in these Terms may result in additional administrative, legal, and collection costs for which the Customer may be responsible.

Customer acknowledges that chargebacks are intended to address unauthorized or fraudulent transactions and are not intended to be used to circumvent agreed-upon services, contractual obligations, or the dispute resolution procedures established in these Terms of Service. Customer further acknowledges that chargebacks are not a substitute for submitting billing concerns directly to Apex Auto Care and allowing a reasonable opportunity for investigation and resolution as required under these Terms.

Initiating a chargeback or payment dispute without first providing written notice and an opportunity to cure shall constitute a material breach of these Terms of Service.

Initiating a chargeback or payment dispute for a deposit, project authorization payment, or scheduled service shall not cancel or invalidate the underlying service agreement or the Customer’s financial obligations under these Terms.

Customer acknowledges that once a chargeback is initiated, the matter may immediately require administrative response, legal review, and documentation preparation by Apex Auto Care. Customer further acknowledges that the initiation of a chargeback or payment dispute may require immediate legal review in order to protect Apex Auto Care’s contractual and financial rights within the payment processor’s dispute response deadlines.

If Customer initiates a chargeback, payment reversal, or dispute relating to services that were authorized, scheduled, or performed, Apex Auto Care reserves the right to pursue recovery of all amounts owed under the service agreement and any costs incurred as a result of the chargeback or payment dispute.

If a chargeback or payment dispute is initiated and such dispute is withdrawn, resolved in favor of Apex Auto Care, or otherwise determined to be improper, Customer agrees to reimburse Apex Auto Care for all associated costs, including but not limited to:

• The full amount of the disputed transaction
• A $500 administrative recovery fee for time spent responding to and managing the dispute
• A $500 chargeback fee associated with improper use of chargeback procedures
• All payment processor chargeback fees and penalties
• Legal review costs, including a standard $1,500 legal review and demand letter fee triggered by the initiation of a chargeback or payment dispute. Customer acknowledges that initiation of a chargeback or payment dispute requires Apex Auto Care to conduct legal review of the transaction, service documentation, and Terms of Service in order to properly respond to the dispute process. The $1,500 legal review fee represents the standard cost incurred for this review and demand letter preparation and is recoverable if the chargeback or payment dispute is withdrawn, resolved in favor of Apex Auto Care, or otherwise determined to be improper.
• Collection costs and collection agency fees
• Reasonable attorneys’ fees and legal expenses incurred in enforcing payment

If a chargeback remains active more than ten (10) business days after written notice demanding withdrawal of the dispute has been delivered to Customer, or if the disputed funds are withdrawn or reversed from Apex Auto Care’s account, Apex Auto Care reserves the right to assess an additional $50 per day dispute management fee for continued administrative handling of the dispute until the matter is resolved.

Any unpaid balance resulting from a chargeback or payment dispute shall accrue interest at a rate of 1.5% per month (18% annually) beginning on the date the payment is reversed and continuing until the balance is paid in full.

If a chargeback is initiated, Apex Auto Care may provide written notice demanding withdrawal of the dispute. Customer shall have ten (10) business days from delivery of such notice, or until funds associated with the disputed transaction are withdrawn or reversed from Apex Auto Care’s account, whichever occurs first, to ensure that the dispute is fully withdrawn and payment is restored.

If the dispute is not withdrawn within that period, or if funds are withdrawn or reversed from Apex Auto Care’s account as a result of the chargeback, Apex Auto Care reserves the right to pursue immediate recovery of the disputed amount and all associated fees, interest, and costs through collections, arbitration, or civil legal action without further notice.

Customer further acknowledges that initiating a chargeback does not cancel, void, or invalidate any underlying contractual obligations for services that were authorized, scheduled, or performed.

Customer acknowledges that improper chargebacks may be reported to credit reporting agencies and may negatively affect the Customer’s credit profile if the balance is referred to collections.

Submitting knowingly false, misleading, or fraudulent payment disputes may constitute fraudulent conduct and may be referred to appropriate authorities.

Customer agrees that any legal action, arbitration, or collection proceeding arising from a chargeback or payment dispute shall occur in Montgomery County, Texas unless otherwise required by law.

Any dispute, claim, or controversy arising out of or relating to a chargeback, payment reversal, billing dispute, or alleged unauthorized transaction shall constitute a “Dispute” as defined in the Binding Arbitration; Class Action Waiver; Jury Trial Waiver; Exclusive Dispute Resolution section of these Terms and shall be resolved exclusively in accordance with that provision.

MECHANIC’S LIEN; RIGHT TO RETAIN POSSESSION; DISPOSITION OF PROPERTY

Payment Obligations and Available Legal Remedies

Customer acknowledges that Apex Auto Care is entitled to receive payment for services, labor, materials, products, and other charges properly authorized, earned, or incurred under the accepted service agreement.

Apex Auto Care reserves all contractual, statutory, and other legal remedies available under Texas law for the recovery of unpaid amounts.

Customer acknowledges that certain qualifying vehicle repairs or other services may give rise to a possessory worker’s or mechanic’s lien under Texas Property Code Chapter 70 or other applicable law.

The existence, scope, amount, priority, and enforcement of any such lien shall be determined exclusively by applicable law.

Nothing in these Terms shall be construed as creating a statutory lien where the legal requirements for that lien have not been satisfied.

Right to Retain Possession

Where Apex Auto Care has acquired a valid and enforceable possessory lien or other independent legal right to retain a vehicle, Apex Auto Care may exercise that right to the extent permitted by applicable law.

Apex Auto Care shall not assert a right to retain a vehicle solely because an invoice, administrative fee, storage charge, disputed amount, or other contractual obligation remains unpaid unless applicable law independently authorizes continued possession.

Where no lawful right of retention exists, Apex Auto Care may pursue collection of properly owed amounts through available contractual remedies, arbitration, or judicial proceedings rather than unauthorized vehicle detention.

Dishonored Payments and Payment Reversals

If payment is dishonored, stopped, reversed, or otherwise invalid, Apex Auto Care reserves the right to recover the unpaid amount and pursue remedies available under the accepted agreement and applicable law.

Any continuation or reinstatement of a possessory lien following a dishonored payment shall be subject to the specific requirements of Texas Property Code §70.001 and any other applicable provisions.

Nothing herein independently authorizes repossession or recovery of a vehicle after possession has been voluntarily relinquished.

Any legally authorized repossession shall be conducted only in strict compliance with applicable statutory requirements, including any separate signed notice or other prerequisite required by law.

Lien Enforcement and Statutory Notice

Before enforcing a possessory lien, Apex Auto Care shall comply with all applicable requirements concerning authorization of work, documentation, notice to vehicle owners and recorded lienholders, filing requirements, deadlines, and other statutory procedures.

Apex Auto Care may recover qualifying labor or repair charges secured by a valid lien only to the extent permitted under applicable law.

Storage fees, administrative charges, collection expenses, towing expenses, attorneys’ fees, and other amounts shall not automatically be treated as secured lien charges unless independently authorized by applicable law.

Customer remains contractually responsible for other properly authorized and legally recoverable charges even where those amounts are not secured by a possessory lien.

Vehicle Sale, Disposal, and Abandonment

Apex Auto Care shall not sell, transfer title to, dispose of, or otherwise exercise ownership rights over a customer’s vehicle merely because payment remains outstanding or the vehicle has not been retrieved within a contractual pickup period.

Any sale or disposition based on a valid lien shall occur only after satisfaction of all applicable statutory requirements, including required notices, waiting periods, filing procedures, and other protections afforded to vehicle owners and lienholders.

Any abandoned-vehicle procedure shall be conducted separately under applicable Texas law.

A contractual payment default, missed pickup deadline, or customer failure to arrange vehicle recovery shall not independently constitute authorization to sell or dispose of the vehicle.

Collection Costs and Enforcement Expenses

Apex Auto Care reserves the right to recover reasonable attorneys’ fees, court costs, collection expenses, and other enforcement costs to the extent recoverable under the accepted agreement and applicable law.

Where amounts are not secured by a valid statutory lien, Apex Auto Care may seek recovery through available contractual, arbitration, or judicial remedies.

All such proceedings shall remain subject to the applicable dispute-resolution provisions of these Terms and any mandatory requirements of law.

Relationship to Other Policies

Payment deadlines and past-due balances are governed by the FEES, TERMS OF SERVICE, AND PAYMENT and PAST DUE OR OPEN INVOICES sections.

Vehicle storage charges are governed by the VEHICLE STORAGE FEES section.

Vehicle collection, release procedures, and delayed pickup are governed by the SERVICE COMPLETION AND VEHICLE RELEASE section.

Nothing in these Terms expands Apex Auto Care’s statutory lien rights beyond those expressly available under applicable law.

GIFT CARDS & GIFT CERTIFICATES

Gift cards and gift certificates issued by Apex Auto Care may be redeemed toward services performed by Apex Auto Care.

Gift cards are applied to the total purchase amount at the time a service order is placed. If the total service amount exceeds the value of the gift card, the remaining balance must be paid using another gift card or an accepted payment method.

Gift cards and gift certificates:

• are non-refundable
• cannot be redeemed for cash and have no cash value
• cannot be exchanged for cash value
• cannot be used toward prior balances or refunds
• cannot be replaced if lost, stolen, or destroyed unless verification of the original purchase can be confirmed by Apex Auto Care
• may only be redeemed toward services performed by Apex Auto Care

Gift cards must be redeemed within twelve (12) months of the original purchase date. Any unused value remaining after this period may no longer be eligible for redemption.

If a gift card is not redeemed within twelve (12) months of the original purchase date, Apex Auto Care may, at its sole discretion, allow the remaining value to be converted into store credit toward services at a reduced redemption value. Any such credit will be applied toward current service pricing and may be subject to additional limitations or approval by Apex Auto Care.

Gift cards represent a credit toward services, not a guaranteed service price. If service pricing has changed since the time of purchase, the gift card will be applied toward the current service price at the time of redemption, and the customer is responsible for any remaining balance.

Gift cards may not be used toward promotional, discounted, or bundled services unless explicitly approved by Apex Auto Care.

Gift cards may be applied toward deposits required to reserve installation time.

Redemption of gift cards is subject to service availability and appointment scheduling. Possession of a gift card does not guarantee immediate appointment availability.

Gift cards are issued to the original purchaser or designated recipient and are intended for personal use. Apex Auto Care reserves the right to verify ownership prior to redemption. Gift cards may not be resold, transferred for value, or used for commercial resale purposes without written approval from Apex Auto Care.

Apex Auto Care reserves the right to verify the authenticity and ownership of any gift card prior to redemption. Customers may be required to provide the original gift card or certificate, the original purchase receipt or order confirmation, and/or purchaser information (such as purchaser name, purchase date, or transaction record) so Apex Auto Care can locate and verify the gift card within its records.

Apex Auto Care reserves the right to refuse redemption of any gift card that appears altered, duplicated, tampered with, or obtained through fraudulent means.

Apex Auto Care is not responsible for unauthorized use of gift cards and reserves the right to refuse redemption if fraud, duplication, tampering, or misuse is suspected.

Purchases of gift cards or gift certificates are considered final sales. By purchasing a gift card, the purchaser acknowledges that the value is stored as a non-refundable service credit. Gift card purchases may not be disputed or charged back once issued, except in cases of confirmed billing error or unauthorized transaction.

Gift card redemption may be limited during periods of unusually high service demand or peak operating seasons. Apex Auto Care reserves the right to restrict or defer gift card redemption scheduling during these periods in order to maintain service availability for scheduled clients.

Promotional or complimentary gift cards issued as part of marketing campaigns, giveaways, or special promotions may be subject to additional restrictions, expiration periods, or redemption limitations as specified at the time of issuance.

Where required by applicable law, certain provisions of this policy may not apply or may be modified to comply with state or federal regulations.

ERRORS ON OUR SITE

Prices and availability of services are subject to change without notice. Errors will be corrected where discovered, and Apex Auto Care reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Apex Auto Care will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.

SMS COMMUNICATIONS; CONSENT TO CONTACT

Customers may optionally consent to receive SMS (text) messages from Apex Auto Care by checking the separate SMS consent checkbox on our website forms when requesting a quote, scheduling service, or contacting our business. SMS consent is not required to submit a form, request service, or use our services.

If a customer opts in, Apex Auto Care may send SMS messages related to appointment confirmations, appointment reminders, service updates, and customer support communications.

Message frequency may vary depending on your interaction with our services.

Message and data rates may apply.

You may opt out of receiving SMS messages at any time by replying STOP to any message.

For assistance, you may reply HELP or contact us at info@apexautodetailing.com.

Apex Auto Care does not send unsolicited marketing messages and does not use SMS messaging for promotional purposes without explicit consent.

Consent to receive SMS messages is not a condition of purchase.

INTERNET, GOOGLE AD WORDS EXPRESS, BING AD WORD, YELP, FACEBOOK, TWITTER, YP, AND YAHOO

The Aforementioned sites generally allow limited space in ads, and generally not enough space to list exclusions or some information needed to list what is not applicable in reference to listed add or ads. Apex Auto Care Reserves the right to cancel ads without prior notice, and Reserves the Right to Refuse Service.

ONLINE PRICING POLICY

Online prices and selection generally match those in our service center, but may vary. Prices and offers are subject to change.

SALES TAX POLICY

Apex Auto Care collects and remits sales tax as required by U.S. law, for transactions in our service center.

PAYING FOR YOUR ORDER

You may pay for your orders with Apex Auto Care gift cards, our electronic digital coupons and with a major credit cards issued in the United States of America. Currently, we accept Visa, MasterCard, Discover and American Express.

Generally, credit and debit card are not charged until either you drop-off and pick-up the vehicle in person or confirm on the web site the service you wish to purchase.

Digital coupons are not redeemable toward the purchase of Apex Auto Care gift cards.

USING PROMOTIONAL CODES

Using Promotional Codes Unlike credit or debit cards, Promotional Codes used on Digital Coupons are debited at the time an order is placed. Digital Coupons will automatically be redeemed to purchase totals, up to the total purchase amount. Digital Coupons must be used prior to their noted expiration date and within a single transaction. Coupon cannot be replaced if it is lost, stolen, deleted, or if you cancel or return your purchase. In the event of a reduction in price below the coupon value, the excess value of the coupon will not be refunded. For more information, see Digital Coupons in our Help section and review details of each respective Digital Coupon offer.

USING GIFT CARDS

Gift cards, unlike credit or debit cards, are debited at the time an order is placed. Gift cards will automatically be redeemed to purchase totals, up to the total purchase amount. In the event the total purchase amount exceeds the value of the gift card, you will be  required to use another gift card or a credit or debit card to pay the difference. Any amount charged to a credit or debit card will be treated as set forth above. In the event of a partial return of an order using both a gift card and a credit or debit card, returned amounts shall first be credited to the credit or debit card, and any remaining balance will be credited back to the gift card. See our Help section for more details about returns.

VALIDATING YOUR ORDER

After you place an order using our shopping cart, we will check the information you give us for validity, by verifying your method of payment or pick-up address. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you using the e-mail address you have given us with the order.

Your credit or debit card will normally not be charged if we reject an order, but we will process a refund if the charge has been made against your card.

ORDER ACCEPTANCE/ CONFIRMATION

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Apex Auto Care web site reserves the right at any time after receipt of your order to accept or decline your order for any reason.

SHIPPING POLICY

Shipping will be paid by the customer both for initial purchase and for ordinary returns. If a product is returned because it is defective,  Apex Auto Care will pay the return shipping.

ORDER LIMITATIONS

We reserve the right to reject any order you place with us, and/or or to limit quantities on any order, without giving any reason. If we reject your order, we will generally attempt to notify you using the e-mail address you gave us when you placed the order.

MEMBER SUBSCRITIONS

All membership subscriptions will be billed on sign-up date, and re-billed on the day of the sign-up date for the following month. Thirty (30) days of notice is required to cancel a membership. Cancellation can be done by calling Apex Auto Care at 281-524-6694 or by editing your profile. There are no refunds for membership subscriptions.

ORDER LIMITATIONS/LIMITED QUANTITIES

Apex Auto Care may, at its own discretion, limit or cancel quantities purchased per person, per household or per order. Apex Auto Care also reserves the right to reject any order you place with us. These restrictions may include orders placed by the same Apex Auto Care web site account, the same credit card, and orders that use the same billing and/or shipping address. In the event we make a change to an order, we will attempt to notify you by contacting the e-mail and/or billing address provided at the time the order was made. Apex Auto Care reserves the right to limit or prohibit sales to dealers.

TERMINATION OF USE

Apex Auto Care may, in its sole discretion, terminate your account or your use of the Apex Auto Care web site at anytime. You are personally liable for any orders that you place or charges that you incur prior to termination. Apex Auto Care reserves the right to change, suspend or discontinue all or any aspects of the Apex Auto Care web site at any time without prior notice.

REMOVAL AND INSTALLATION (R&I) TERMS AND CONDITIONS

PURPOSE OF R&I

In certain services—including but not limited to paint correction, ceramic coating, paint protection film (PPF), or interior protection—it may be necessary to temporarily remove parts or trim pieces (e.g., emblems, lights, door panels, bumpers, badges, mirrors, or other components) to ensure proper access, fitment, and finish quality.

AUTHORIZATION OF R&I WORK

By authorizing service with Apex Auto Care, you grant us permission to remove and reinstall necessary parts of your vehicle in order to complete the requested service to a professional standard. This authorization includes both exterior and interior components, where applicable.

OEM & AFTERMARKET PART FITMENT

Apex Auto Care is not liable for the fitment issues of previously modified, poorly installed, or aftermarket parts. If any part is already loose, brittle, broken, or glued on, we will notify the customer when possible. However, some damage may not be visible until removal begins.

AGE, CONDITION AND LIABILITY DISCLAIMER

Vehicle parts—especially on older or previously repaired vehicles—may become brittle or weakened over time. While our technicians take the utmost care in removal, Apex Auto Care is not responsible for damage resulting from the natural wear, age, corrosion, improper previous repairs, or fragility of factory clips, fasteners, or trim pieces.

REPLACEMENT PARTS

If a part or clip breaks during proper removal due to age, brittleness, or poor prior installation, we will do our best to source a replacement or advise the customer on ordering one. Replacement part costs are the responsibility of the vehicle owner, unless explicitly included in the service estimate.

REINSTALLATION & FITMENT

Reinstallation is performed to OEM standard when possible. In cases where a part cannot be safely reinstalled (due to damage, misalignment, or unavailability of replacement fasteners), we will notify the customer and may return the part loose or removed with recommendation for body shop repair if needed.

OPTIONAL THIRD-PARTY R&I

For complex or high-value vehicles, customers may request removal and reinstallation be performed by a dealership or certified body shop. Apex Auto Care is not liable for third-party R&I labor or delays unless agreed upon in writing.

NON-COVERED COMPONENTS

This R&I agreement does not cover mechanical, engine, suspension, or drivetrain components. Any R&I involving safety systems (airbags, sensors, cameras, etc.) will be reviewed on a case-by-case basis, and may require referral to a specialized technician.

INSPECTION & COMPLETION

Customers are encouraged to inspect their vehicle thoroughly upon pickup. Any R&I-related concerns must be raised within 24 hours of pickup. Issues reported afterward may not be eligible for correction or coverage.

ACCEPTENCE OF TERMS

By authorizing Apex Auto Care to perform work on your vehicle, you acknowledge and agree to all terms and conditions outlined in this R&I agreement.

PAINT CORRECTION TERMS & CONDITIONS

SERVICE DESCRIPTION

Paint correction is a labor-intensive process that involves the removal of surface defects such as swirl marks, holograms, light scratches, oxidation, and other imperfections from a vehicle’s paint through machine polishing. The goal is to enhance clarity, depth, and gloss.

VEHICLE CONDITION DISCLOSURE

Before service begins, a thorough inspection will be conducted. Apex Auto Care will document any existing paint damage or defects. However, some imperfections (such as body filler, prior poor-quality repairs, or thin clear coat) may not be immediately visible until polishing begins.

LIMITATIONS OF PAINT CORRECTION

Not all defects can be safely removed. If removing a defect would compromise the integrity of the paint or clear coat, Apex Auto Care will stop and inform the customer. Results may vary depending on the age, type, and condition of the paint.

LIABILITY DISCLAIMER

Apex Auto Care is not liable for any underlying damage or compromised paintwork (e.g., repainted panels, thin clear coat, or body filler) that becomes apparent during the correction process. We do not assume responsibility for paint failure, clear coat delamination, or rust that may occur during or after service.

PAINT THICKNESS MEASUREMENT

We use paint depth gauges when necessary to assess the condition of your paint. If measurements indicate that the clear coat is too thin, we may recommend against correction in certain areas to prevent further damage.

POST-SERVICE EXPECTATIONS

Paint correction significantly improves appearance but does not guarantee a “like-new” finish. Deeper scratches, chips, or etching that have penetrated beyond the clear coat cannot be removed without repainting.

CERAMIC COATING TERMS AND CONDITIONS

SERVICE DESCRIPTION

Ceramic coating is a protective treatment applied to a vehicle’s exterior surfaces, forming a durable, semi-permanent bond with the clear coat to enhance gloss, depth, and hydrophobic properties. It helps resist environmental contaminants, light scratches, UV damage, and oxidation.

PRE-COATING REQUIREMENTS

Ceramic coating must be applied to a properly prepped surface. All ceramic coating services include exterior washing, paint decontamination and a prep polish which enhances the gloss of the paint. Additional correction beyond the standard package may incur extra charges.

PAINT CORRECTION DISCLAIMER

Our prep polish is a gloss enhancement process. It does not remove clear coat imperfections. Heavier correction (swirls, scratches, water spots, etchings or oxidation) may require additional services, which will be quoted before work begins. Apex Auto Care is not responsible for defects that cannot be safely removed or that were not visible prior to polishing.

SURFACE CONDITION LIMITATIONS

Vehicles with failing paint, deep scratches, rock chips, previous poor-quality repaints, or other defects may not be suitable for ceramic coating. Apex Auto Care reserves the right to decline application if we believe results will not meet professional standards.

POST-CURING & CARE INSTRUCTIONS

Ceramic coatings require a minimum 24 hour curing period. During this time:

Avoid water, rain, or contaminants.

Do not wash the vehicle for at least 7 days post-application.

Avoid touching or wiping the vehicle unnecessarily.

Customers are provided with aftercare instructions and are responsible for following them. Improper care may affect durability and void any warranty.

WARRANTY & DURRABILITY

Apex Auto Care offers ceramic coating packages with varying longevity (1, 2, 3, 5, 7, 9, 10 years), depending on the product selected. Warranty is contingent on:

Proper maintenance and hand washing.

No use of automatic or abrasive car washes.

Routine inspections and top-up applications if required.

Failure to maintain the coating properly voids the warranty. Warranty covers product failure due to premature oxidation or clear coat degradation, not physical damage, neglect, or improper washing.

LIABILITY DISCLAIMER

Apex Auto Care is not liable for damage resulting from pre-existing paint issues, improper customer maintenance, aftermarket paint jobs, or neglect. We do not guarantee coating performance on repainted or resprayed panels.

PAINT PROTECTION FILM TERMS AND CONDITIONS

CURING & DRYING TIME

PPF requires 3–4 weeks to fully cure, depending on weather conditions.

Do not wash the vehicle for at least 5 days post-installation.

Avoid drive-through or brush car washes for 30 days.

Wrapped vehicles should return for a follow-up inspection within 2–4 weeks.

VEHICLE CONDITION & ELIGABILITY 

Vehicles must be free of ceramic coatings, waxes, and sealants before installation. These substances affect adhesion and may cause lifting, bubbling, or peeling — issues that are not covered by warranty.

PPF is intended for OEM factory paint. Installation on repainted or repaired surfaces may result in paint damage or adhesion failure.

Customer expressly waives and releases Apex Auto Care from liability for any damage or warranty voids related to non-OEM surfaces or coatings.

INSTALLATION METHODOLOGY

Standard installations use computer-cut film kits, which may stop short of edges, sensors, washers, or emblems.

Custom or bulk installations (edge-wrapped or seamless installs) are available for an additional charge.

PPF is a sacrificial barrier, not an invisible shield. Slight visible seams, edges, and stretch marks are normal and expected.

CUTTING & INSTALLATION PROCESS

Apex Auto Care utilizes digitally pre-cut paint protection film patterns whenever applicable. No freehand cutting is performed on painted surfaces, glass, trim, or vehicle body panels. This process is designed to reduce risk and ensure consistency across installations.

EMBLEM & TRIM REMOVAL

For best results, emblems or trim may need to be removed. This is not included in standard installation.

OEM replacement parts, if required, are the customer’s responsibility.

Apex Auto Care is not liable for damage to aged, brittle, or previously repaired emblems during removal.

HEADLIGHT & TAILLIGHT FILM

PPF is not recommended for headlights or taillights due to the sensitivity of lens coatings, HID/LED systems, and ADAS components.

If customer requests headlight film, they acknowledge the risk and agree to hold Apex Auto Care harmless from any related damages or malfunctions.

PPF REMOVAL

PPF removal can cause paint or clear coat damage, especially on non-OEM or aged finishes.

By authorizing removal, customer assumes all risk and waives any claims against Apex Auto Care for resulting damage.

IMPERFECTIONS & EXPECTATIONS

Minor dust particles, stretch marks, lift lines, and orange peel are common and acceptable in PPF installations.

Pre-existing flaws (e.g., rock chips, scratches, etchings, poorly aligned panels) may become more visible under the film.

Clients are encouraged to review our PPF Expectations Disclaimer before service.

These natural limitations of the product are not grounds for refunds or warranty claims.

Determination of acceptable installation standards and whether corrective action is required shall be made solely by Apex Auto Care in accordance with industry standards and manufacturer guidelines.

POST-SERVICE DAMAGE DISCOVERY

Any damage discovered after vehicle pickup must be verified prior to attribution. Damage claims that are not consistent with Apex Auto Care’s tools, materials, or documented installation process are not automatically assumed to be installation-related. Timing of discovery alone does not establish causation or installer responsibility.

INSPECTION & VERIFICATION PROCESS

Apex Auto Care reserves the right to conduct internal documentation and inspection of any claimed concern. Where appropriate, Apex Auto Care may require an independent third-party inspection by a qualified professional to determine cause, timing, and responsibility before any repair or replacement decisions are made.

WARRANTY COVERAGE

Most films are backed by a limited manufacturer warranty (5–10 years) covering: yellowing, bubbling, cracking, peeling or delamination

Warranty does not cover damage caused by: road debris, pressure washing, harsh chemicals, accidents or neglect

Improper care or third-party interference

Warranties are non-transferable and apply only to the original purchaser.

CUSTOMER RESPONSIBILITIES 

Follow all aftercare instructions provided by Apex Auto Care.

Report concerns in writing within 24 hours of pickup and prior to any washing, cleaning, driving under adverse conditions, or third-party handling. Failure to do so may limit attribution of cause or warranty consideration.

Avoid self-removal or third-party film modifications.

Return for scheduled inspections, if advised.

MITIGATION & TIME-SENSITIVE ADHESION

Paint Protection Film adhesion concerns are time-sensitive. Prompt correction is required to prevent contamination, moisture intrusion, or expanded film separation.

Failure to make the vehicle available for corrective service within a reasonable timeframe after notice may result in expanded separation or contamination beyond the original installation condition.

Apex Auto Care is not responsible for expanded adhesion failure, contamination, or additional film conditions resulting from delayed mitigation.

NO REFUND POLICY

No refunds are given for installations on panels with known imperfections.

Film applied over defects may magnify them and result in air pockets — this is not considered installer error.

ENVIRONMENTAL & EXTERNAL FACTORS

Apex Auto Care is not responsible for film damage caused by: bird droppings, tree sap, bug splatter, acid rain, road salt, UV degradation, industrial fallout.

These are environmental risks and are not covered by warranty.

THIRD-PARTY WORK DISCLAIMER

Apex Auto Care is not liable for damage or failure caused by: other shops or technicians working near or over PPF (e.g., tinting, wrapping, polishing)

Unauthorized film modification, trimming, or removal. All warranty coverage is void if third-party tampering occurs.

ADAS & SENSOR DISCLAIMER

Some vehicles have sensors near areas where PPF is applied. Customer understands:

Film may interfere with calibration or sensor function.

Apex Auto Care is not responsible for recalibration costs or ADAS malfunction after installation.

PAINTLESS DENT REPAIR (PDR) LIMITATIONS

PPF may limit access to certain areas during dent removal. Customer understands:

Film may be damaged during or after Paintless Dent Repair (PDR).

Apex Auto Care is not liable for damage related to PDR procedures.

MEDIA & DOCUMENTATION RELEASE

Apex Auto Care may photograph or record your vehicle for: Documentation of pre-existing conditions, quality control, marketing and promotional use.

DOCUMENTATION & DETERMINATION

Customer-provided photos, videos, or statements may be reviewed but do not independently determine responsibility. All findings and resolutions are based on Apex Auto Care’s documentation, inspection process, and, where applicable, third-party verification.

FORCE MAJEURE

Apex Auto Care shall not be held liable for service delays or failures caused by events beyond its control, including but not limited to: natural disasters, supply chain disruptions, labor shortages, power outages, government restrictions.

ACCEPTANCE OF TERMS

By scheduling or authorizing PPF service, the customer acknowledges they have read, understood, and agreed to all terms stated in this agreement, including all warranty limitations, liability waivers, and expectations. Final inspection at pickup constitutes acceptance of installation condition unless specific written concerns are documented at that time.

WINDSHIELD PROTECTION FILM TERMS AND CONDITIONS

SERVICE DESCRIPTION

Windshield Protection Film (WPF) is a transparent, optically clear film designed to help protect your vehicle’s windshield from chips, cracks, pitting, and other road debris damage. It is a sacrificial layer, not a permanent or invincible solution.

PURPOSE AND LIMITATIONS

WPF is engineered to reduce the likelihood of damage—but it does not guarantee complete prevention. Impacts from high-speed debris, large objects, or extreme conditions may still result in windshield damage. Apex Auto Care makes no guarantee that your windshield will not be damaged while protected by film.

OPTICAL CLARITY AND VISUAL EFFECTS

Some vehicles may experience minor distortion, waviness, or light hazing due to windshield curvature, glass manufacturing tolerances, and film properties. These effects are more noticeable on large or highly curved windshields and are considered normal. This is normal and not considered a defect. Customers acknowledge that ultra-high curvature windshields may have more visible optical distortion with film installed.

EXTERIOR INSTALLATION CHARACTERISTICS

Windshield Protection Film is installed on the exterior surface of the windshield. Due to the nature of exterior glass, surrounding seals, trim, and environmental conditions, minor dust particles, debris, or visual imperfections may be present after installation. Complete elimination of all foreign particles is not always possible or reasonable and is considered normal for exterior film applications.

FILM DURABILITY AND MAINTENANCE

Windshield Protection Film typically lasts 1 to 3 years, depending on driving conditions, climate, and care.

Do not use abrasive cleaners, wipers with sharp edges, or ammonia-based products.

Avoid ice scrapers or harsh tools directly on the film.

Follow aftercare instructions provided at pickup.

REASONABLE APPEARANCE EXPECTATIONS

Windshield Protection Film is a protective product, not a cosmetic restoration. Minor visual distortion, light haze, or small imperfections may be visible under certain lighting conditions, angles, or driving environments. These characteristics do not affect the protective function of the film and are not considered installation defects.

FILM REPLACEMENT AND WEAR

As a sacrificial layer, WPF may show signs of wear, pitting, or minor tearing over time. This is expected and is not covered as a defect. If the film sustains damage, it can be professionally removed and replaced.

PRE-EXISTING WINDSHIELD CONDITIONS

Film will not mask or repair chips, cracks, or imperfections already present in the glass. If your windshield is compromised prior to installation, Apex Auto Care may recommend glass replacement before applying WPF. We are not responsible for film failure caused by pre-existing damage.

INSTALLATION RISKS ABD SENSOR DISCLAIMER

Some vehicles contain ADAS (Advanced Driver Assistance Systems), rain sensors, or heating elements embedded in the windshield. While rare, film application may affect sensor calibration. Apex Auto Care is not liable for calibration issues or sensor malfunctions. If calibration is needed, it must be done by a dealership or certified technician at the customer’s expense.

WARRANTY COVERAGE

WPF may come with a limited manufacturer warranty covering defects in material (e.g., yellowing, bubbling, delamination) under normal use. This does not cover road impact damage, wear and tear, neglect, or improper maintenance.

FILM REMOVAL

Removal of WPF should be performed professionally to avoid damage to the glass or defroster elements. If film is removed by a third party or customer, Apex Auto Care is not responsible for any resulting damage.

CUSTOMER INSPECION & RESPONSABILITY

Visual characteristics that are consistent with exterior film installation and do not impact safety or functionality are not grounds for removal, replacement, or refund. Customer agrees to inspect the vehicle at the time of pickup. Any issues must be reported within 24 hours. After that period, the installation is considered accepted and final.

ACCEPTANCE OF TERMS

By scheduling or authorizing WPF installation, the customer acknowledges they have read, understood, and agreed to all terms and conditions listed above.

WINDOW FILM TERMS AND CONDITIONS

DRYING TIME

Your newly installed window film requires 3–5 days before windows may be rolled down. Full curing may take 2–3 weeks, depending on temperature and weather conditions. During this time, visual haze or moisture pockets are normal.

BLACK DOT MATRIX

Most vehicles have a ceramic frit or dot matrix along window edges. Due to the raised surface of these dots, window film may not fully adhere between them, which can result in a visible lighter or white edge. This condition is normal, unavoidable, and not considered a defect.

WINDOW FILM REMOVAL

Removal of existing window film carries inherent risk, including potential damage to rear defroster lines. By authorizing Apex Auto Care to remove window film, the customer acknowledges this risk and releases Apex Auto Care from any liability related to defroster damage during removal.

IMPERFECTIONS & PRE-EXISTING CONDITIONS

Due to the nature of window film installation, minor dust, contamination, or visual imperfections may be present in all installations. Pre-existing scratches, defects, or wear in the glass may become more noticeable after tint installation. These conditions are not caused by the installation process and are not grounds for replacement or refund. Interior cleaning prior to installation is recommended.

WINDSHIELD FILM APPLICATION

All windshield film installations may exhibit minor visual imperfections due to the size and angle of the glass. These imperfections are considered normal. Do not apply cleaners, decals, or accessories to the windshield for 7 days following installation. Optical distortion or rainbow effects caused by polarized eyewear are not covered under warranty.

SUNROOFS

Sunroof tinting is not recommended by all vehicle manufacturers and carries inherent risk due to glass curvature, heat exposure, and embedded antenna or sensor components. By authorizing Apex Auto Care to apply window film to a sunroof, the customer acknowledges these risks and agrees to hold Apex Auto Care harmless for manufacturer-related limitations or pre-existing conditions not caused by installation.

Apex Auto Care does not perform freehand cutting on sunroof glass.

INSTALLATION PROCESS

All window film installed by Apex Auto Care is digitally pre-cut using software-based patterns. No freehand cutting is performed on vehicle glass. This process is designed to minimize risk and ensure consistency.

POST-SERVICE DAMAGE DISCOVERY

Any alleged damage discovered after vehicle pickup must be verified prior to attribution. Damage claims that are not consistent with Apex Auto Care’s tools, materials, or documented installation process may require independent third-party inspection before responsibility is determined.

TEXAS LAW

Texas law requires front driver and passenger windows to meter at 35% VLT or higher. Clear UV film may be installed on the windshield where permitted. Customers requesting tint levels not compliant with Texas law assume all related legal liability and release Apex Auto Care from responsibility.

NO REFUND

Applying window film over glass with pre-existing defects may magnify those defects. No refunds will be issued for window film installed over glass imperfections or conditions not caused by installation.

WARRANTIES

Manufacturer warranties cover bubbling, peeling, fading, and discoloration under normal conditions. Warranty coverage does not extend to damage caused by misuse, accidents, environmental exposure, pre-existing conditions, or normal wear. Warranties are non-transferable unless otherwise stated.

VINYL WRAP TERMS AND CONDITIONS

SERVICE DESCRIPTION

Vinyl wrap is a cosmetic and protective surface treatment applied to the exterior of a vehicle using pressure-sensitive vinyl film. Vinyl wrap is not paint and is not intended to permanently alter or restore vehicle surfaces.

VEHICLE CONDITION & ELIGIBILITY

Vinyl wrap installations are intended for vehicles with OEM factory paint in good condition. Vehicles with repainted panels, body repairs, clear coat failure, rust, oxidation, or existing paint damage may experience adhesion issues or paint removal during installation or removal.

By authorizing vinyl wrap installation, the customer acknowledges these risks and releases Apex Auto Care from liability for paint damage related to pre-existing conditions or non-OEM surfaces.

INSTALLATION PROCESS & CUTTING METHOD

Apex Auto Care utilizes a combination of digitally pre-cut patterns and hand-trimmed vinyl techniques as required by the material and application. All trimming is performed using industry-standard methods designed to minimize risk to painted surfaces.

Minor seams, relief cuts, edges, and overlaps are normal characteristics of vinyl wrap installations and are not considered defects.

APPEARANCE EXPECTATIONS & IMPERFECTIONS

Vinyl wrap is a flexible material that conforms to complex vehicle shapes. Due to the nature of the product and installation process, minor imperfections may be present, including but not limited to:

  • Slight texture variation or stretch marks

  • Minor debris or dust particles

  • Visible edges or seams

  • Color variation between panels or batches

These characteristics are considered normal and do not affect the performance of the wrap.

COLOR, FINISH & MATERIAL VARIATION

Vinyl color and finish may vary based on lighting conditions, viewing angles, and manufacturer batch variations. Printed, metallic, satin, matte, and textured films may exhibit natural inconsistencies.

Color match between wrapped panels and existing paint or other wrapped vehicles is not guaranteed.

EDGES, HIGH-STRESS AREAS & LIFTING

Edges, recesses, and high-stress areas (such as bumpers, door handles, mirrors, tight curves, and vents) are more prone to lifting over time. Heat cycling, environmental exposure, and driving conditions may affect adhesion.

Minor edge lifting does not constitute installation failure and may require periodic maintenance.

WRAP CARE & CUSTOMER RESPONSIBILITIES

The customer agrees to:

  • Avoid washing the vehicle for 5–7 days post-installation

  • Avoid automatic or brush car washes

  • Use wrap-safe cleaning products only

  • Avoid pressure washing edges or seams

  • Avoid abrasive cleaners or polishes

Failure to follow care instructions may void warranty coverage.

VINYL WRAP REMOVAL

Vinyl wrap removal carries inherent risk, particularly on aged, repainted, or damaged surfaces. Removal may result in paint lifting or adhesive residue.

By authorizing removal, the customer assumes all associated risks and waives any claims against Apex Auto Care for paint damage during or after removal.

WARRANTY COVERAGE

Vinyl wrap warranties are limited to manufacturer coverage for material defects such as cracking, peeling, or excessive fading under normal conditions.

Warranty does not cover:

  • Environmental damage

  • Road debris or impacts

  • Improper maintenance

  • Normal wear and tear

  • Third-party modifications or repairs

Warranty coverage applies only to the original purchaser and is non-transferable.

THIRD-PARTY WORK DISCLAIMER

Apex Auto Care is not responsible for damage caused by:

  • Other shops or technicians working on or near wrapped surfaces

  • Mechanical, body, or detailing work performed after installation

  • Unauthorized trimming, removal, or modification

Any third-party interference voids all warranty coverage.

POST-SERVICE INSPECTION & DAMAGE DISCOVERY

The customer agrees to inspect the vehicle at the time of pickup. Any concerns must be reported within 24 hours. Damage discovered after pickup that is not consistent with Apex Auto Care’s tools, materials, or documented installation process may require independent third-party verification prior to attribution.

MEDIA & DOCUMENTATION

Apex Auto Care may photograph or record the vehicle for documentation, quality control, and marketing purposes.

ACCEPTANCE OF TERMS

By scheduling or authorizing vinyl wrap services, the customer acknowledges they have read, understood, and agreed to all terms, limitations, and expectations outlined above.

HEADLIGHT & TAILLIGHT TINT / SMOKED FILM TERMS AND CONDITIONS

SERVICE DESCRIPTION

Headlight and taillight tinting involves the application of either smoked window film or smoked paint protection film (PPF) to exterior lighting lenses for cosmetic enhancement and limited surface protection. Apex Auto Care offers light, medium, and dark smoked shades, depending on customer preference.

MATERIAL TYPES

Customers acknowledge that Apex Auto Care offers two distinct materials for this service:

  • Smoked Window Tint Film – Cosmetic enhancement only

  • Smoked Paint Protection Film (PPF) – Cosmetic enhancement with added surface protection

Material selection may affect durability, appearance, and maintenance requirements.

VISIBILITY & FUNCTIONAL IMPACT

Smoked films, regardless of shade or material type, reduce light output and reflectivity to some degree. The darker the selected shade, the greater the reduction in visible light transmission.

Customers acknowledge that:

  • Reduced brightness is an expected result of smoked films

  • Nighttime visibility, light projection, or reflector performance may be affected

  • Apex Auto Care makes no guarantees regarding light output, visibility, or performance once film is installed

LEGAL COMPLIANCE DISCLAIMER

Vehicle lighting laws vary by state, municipality, and enforcement discretion. Certain smoked shades may not comply with local, state, or federal regulations.

By requesting headlight or taillight tinting, the customer:

  • Accepts full responsibility for legal compliance

  • Assumes all risk of citations, inspections, or enforcement actions

  • Releases Apex Auto Care from any liability related to legal compliance or roadworthiness

APPEARANCE EXPECTATIONS & IMPERFECTIONS

Due to lens curvature, molded textures, and manufacturer coatings, minor visual characteristics may be present after installation, including:

  • Slight haze or texture variation

  • Minor dust or debris

  • Visible seams or edges

  • Stretch or relief marks in complex curves

These characteristics are considered normal and do not affect functionality or material integrity.

ADHESION, LIFTING & HIGH-STRESS AREAS

Lighting lenses are exposed to high heat, UV radiation, moisture, and pressure. Edges, corners, and high-curvature areas are more susceptible to lifting over time, particularly with darker shades.

Minor edge lifting or cosmetic wear does not constitute installation failure and may require periodic maintenance.

SHADE SELECTION ACKNOWLEDGMENT

Customers are responsible for selecting their desired shade (light, medium, or dark). Once installed, shade preference is not grounds for removal, replacement, or refund, provided the correct material and shade were applied as requested.

REMOVAL & SURFACE RISK

Removal of smoked film may result in:

  • Adhesive residue

  • Lens coating degradation

  • Surface marring or discoloration

These risks are inherent to exterior film removal. Apex Auto Care is not responsible for damage related to removal, especially on aged or previously treated lenses.

WARRANTY LIMITATIONS

Manufacturer warranties, where applicable, may cover material defects such as cracking, peeling, or excessive discoloration under normal conditions.

Warranty does not cover:

  • Reduced visibility or light output

  • Legal compliance issues

  • Environmental wear

  • Impact damage

  • Heat-related degradation

  • Third-party modifications or interference

POST-SERVICE INSPECTION & ACCEPTANCE

The customer agrees to inspect the vehicle at pickup. Any concerns must be reported within 24 hours. After this period, the installation is considered accepted.

ACCEPTANCE OF TERMS

By authorizing headlight or taillight tinting services, the customer acknowledges they have read, understood, and agreed to all terms, limitations, and expectations outlined above.

POWDER COATING TERMS AND CONDITIONS

SERVICE DESCRIPTION

Powder coating is a durable finishing process in which a dry powder is electrostatically applied and cured under heat. It is a high-temperature process intended for metal components only.

PART CONDITION & ELIGIBILITY

Parts submitted for powder coating must be structurally sound and free of excessive corrosion, oil contamination, or previous coating failures. Older, repaired, or previously coated parts may exhibit surface imperfections after coating.

By authorizing powder coating services, the customer acknowledges that pre-existing defects may become more visible after coating and releases Apex Auto Care from liability related to those conditions.

COLOR, FINISH & TEXTURE VARIATION

Powder-coated finishes may vary based on:

  • Material type

  • Part geometry

  • Cure temperature

  • Manufacturer batch variations

Minor variations in color tone, gloss level, texture, or thickness are normal and not considered defects. Exact color matching to paint, vinyl, or previous coatings is not guaranteed.

EDGE COVERAGE & COMPLEX GEOMETRY

Edges, corners, recessed areas, threads, and mounting points may exhibit lighter coverage due to the electrostatic nature of the process. This is an inherent characteristic of powder coating and not a workmanship issue.

SUBCONTRACTED SERVICE DISCLOSURE

Powder coating services are performed by qualified third-party facilities under Apex Auto Care’s coordination. While Apex Auto Care manages the process, final results are subject to the inherent limitations of the powder coating process.

POWDER COATING REMOVAL & REWORK

Removal or rework of powder coating may require abrasive blasting or chemical stripping, which can alter surface condition or tolerances. The customer assumes all risk associated with removal or rework.

INSPECTION & ACCEPTANCE

Coated parts must be inspected upon return. Any concerns must be reported within 24 hours of delivery. After that time, the service is considered accepted.

NO GUARANTEE OF PERFECT COSMETIC RESULTS

Powder coating is a protective and decorative finish, not a cosmetic restoration process. Minor surface irregularities, texture variation, or visual inconsistencies may occur and are not grounds for refund.

ACCEPTANCE OF TERMS

By authorizing powder coating services, the customer acknowledges and agrees to all terms and limitations outlined above.

AUTOMOTIVE PAINTING TERMS AND CONDITIONS

SERVICE DESCRIPTION

Automotive painting involves surface preparation, priming, basecoat application, and clear coat finishing. Painting services may include full refinishing, panel refinishing, or component painting.

COLOR MATCHING & BLEND LIMITATIONS

Exact color matching cannot be guaranteed due to:

  • Factory paint variations

  • Vehicle age and UV exposure

  • Paint manufacturer differences

  • Lighting conditions

Blending techniques may reduce visible differences, but perfect color match is not guaranteed.

SURFACE CONDITION & PRE-EXISTING DAMAGE

Painted surfaces may reveal pre-existing bodywork, repairs, dents, sanding marks, or imperfections once refinished. Apex Auto Care is not responsible for cosmetic outcomes related to underlying surface conditions.

FINISH EXPECTATIONS

Automotive paint finishes may exhibit minor characteristics including:

  • Orange peel

  • Texture variation

  • Minor dust nibs

  • Slight edge transitions

These are considered normal within industry standards and are not defects.

SUBCONTRACTED SERVICE DISCLOSURE

Automotive painting services are performed by professional third-party paint facilities coordinated by Apex Auto Care. While Apex Auto Care oversees the process, painting outcomes are subject to material, environmental, and application variables inherent to refinishing work.

CURING & POST-PAINT CARE

Fresh paint requires curing time. The customer agrees to follow all post-paint care instructions, including avoiding washing, polishing, or chemical exposure for the recommended period.

Failure to follow care instructions may void any applicable warranty.

PAINT REWORK & LIMITATIONS

Repainting or correction may not always be possible without additional cost or risk. Multiple refinishing attempts can compromise surface integrity. Decisions regarding rework will be made at Apex Auto Care’s discretion.

INSPECTION & ACCEPTANCE

Paint work must be inspected at the time of pickup. Any concerns must be reported within 24 hours. After acceptance, environmental exposure or third-party handling voids responsibility.

ACCEPTANCE OF TERMS

By authorizing automotive painting services, the customer acknowledges and agrees to all terms, limitations, and expectations outlined above.

BRAKE CALIPER PAINTING TERMS AND CONDITIONS

SERVICE DESCRIPTION

Brake caliper painting is a cosmetic enhancement service in which high-temperature paint or coating is applied to exposed brake caliper surfaces while the calipers remain installed on the vehicle. This service is intended to improve appearance only and does not modify brake performance.

NO DISASSEMBLY DISCLOSURE

Apex Auto Care does not remove or disassemble brake calipers as part of this service. All caliper painting is performed on the vehicle with calipers installed.

As a result:

  • Certain areas may not be fully accessible for coating

  • Coverage may vary in recessed or shielded areas

  • Full 360-degree or OEM-style coating is not achievable

These limitations are inherent to on-vehicle caliper painting and are not considered defects.

VEHICLE CONDITION & ELIGIBILITY

Brake calipers may have pre-existing conditions including brake dust buildup, corrosion, surface rust, heat discoloration, or previous coatings. These conditions may affect final appearance.

Apex Auto Care is not responsible for cosmetic outcomes related to pre-existing wear or surface condition.

APPEARANCE EXPECTATIONS

Due to heat exposure, brake dust, and environmental conditions, minor visual characteristics may be present after painting, including:

  • Texture variation

  • Slight unevenness in coverage

  • Visible edges or masking lines

  • Heat-related color variation over time

Caliper painting is a cosmetic service, not a restoration or remanufacturing process.

HEAT, WEAR & DURABILITY

Brake calipers are subject to extreme heat cycles, friction, moisture, and road contaminants. Over time, painted calipers may experience:

  • Fading or discoloration

  • Chipping or wear

  • Reduced gloss

These effects are considered normal wear and are not indicative of installation failure.

BRAKE SYSTEM DISCLAIMER

Caliper painting does not alter brake performance, safety, or functionality. Apex Auto Care does not service internal brake components and is not responsible for brake system operation, noise, vibration, or performance before or after painting.

COLOR & FINISH VARIATION

Color appearance may vary based on lighting conditions, heat exposure, and surface condition. Exact color matching to factory calipers, wheels, or previous coatings is not guaranteed.

AFTERCARE & CUSTOMER RESPONSIBILITIES

The customer agrees to:

  • Avoid washing wheels or braking aggressively for 24–48 hours post-service

  • Avoid harsh wheel cleaners or acidic chemicals

  • Allow full curing time as advised at pickup

Improper care may accelerate wear or damage and is not covered under warranty.

WARRANTY LIMITATIONS

Caliper painting may carry a limited workmanship warranty covering peeling or adhesion failure under normal conditions.

Warranty does not cover:

  • Heat-related wear or discoloration

  • Brake dust accumulation

  • Road debris or impact damage

  • Environmental exposure

  • Normal wear and tear

POST-SERVICE INSPECTION & ACCEPTANCE

The customer agrees to inspect the calipers at the time of pickup. Any concerns must be reported within 24 hours. After this period, the service is considered accepted.

ACCEPTANCE OF TERMS

By authorizing brake caliper painting services, the customer acknowledges they have read, understood, and agreed to all terms, limitations, and expectations outlined above.

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