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Service Agreement

5LEAF AUTO

SERVICE AGREEMENT

Last Updated: April 10, 2025


IMPORTANT NOTICE TO CONSUMERS

THIS IS A LEGALLY BINDING CONTRACT. PLEASE READ IT CAREFULLY BEFORE ACCEPTING. BY ACCEPTING THESE TERMS, EITHER BY SIGNING THIS AGREEMENT, CLICKING "I ACCEPT" ONLINE, OR THROUGH ANY OTHER LEGALLY RECOGNIZABLE METHOD OF ACCEPTANCE, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS HEREIN.

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. SEE SECTION 19 BELOW.

1. DEFINITIONS AND INTERPRETATION

1.1. Definitions. In this Agreement, unless the context otherwise requires:

"Agreement" means this Master Service Agreement, including any attachments, exhibits, work orders, and amendments thereto.

"Authorized Representative" means an individual who has the authority to bind a Party to this Agreement.

"Business Days" means any day other than Saturday, Sunday, or a federal holiday recognized in the State of New Jersey.

"Ceramic Coating" means the application of a liquid polymer to the vehicle's exterior paint that chemically bonds with the vehicle's factory paint, creating a protective layer.

"Customer" means the individual or entity identified in the Work Order requesting Services from the Provider.

"Deposit" means any advance payment made by Customer to Provider as specified in Section 5.

"Effective Date" means the date this Agreement is executed by both Parties or, if executed separately, the later of the two execution dates.

"Event of Force Majeure" means any event or circumstance beyond the reasonable control of a Party, including but not limited to acts of God, governmental actions, war, terrorism, civil unrest, fire, explosion, epidemic, pandemic, lockouts, strikes or other labor disputes, restraints or delays affecting carriers, or inability or delay in obtaining supplies of adequate or suitable materials.

"Intellectual Property Rights" means all patents, rights to inventions, copyright and related rights, trademarks, service marks, trade names, rights in designs, rights in computer software, database rights, trade secrets, know-how, and other intellectual property rights, in each case whether registered or unregistered.

"Paint Protection Film" or "PPF" means a thermoplastic urethane film applied to painted surfaces of a vehicle to protect from stone chips, bug splatters, and minor abrasions.

"Provider" means 5Leaf Auto, located at 400 Broadway Park, Long Branch, NJ 07740.

"Service(s)" means any window tinting, vehicle wrap, detailing, Paint Protection Film installation, ceramic coating application, wax application, or other automotive enhancement services provided by Provider to Customer as specified in a Work Order.

"Vehicle" means the automobile, truck, motorcycle, boat, recreational vehicle, or other conveyance owned or legally possessed by Customer and identified in the Work Order for which Services are to be performed.

"Warranty" means the limited guarantee provided by Provider for certain Services as described in Section 8.

"Work Order" means the document that identifies the specific Services to be performed, the applicable fees, and other relevant details for a particular Customer and Vehicle.

1.2. Interpretation. In this Agreement, unless the context otherwise requires:

1.2.1. Headings are for convenience only and do not affect interpretation.

1.2.2. The singular includes the plural and vice versa.

1.2.3. A reference to a document includes any amendment, supplement, or replacement of that document.

1.2.4. A reference to a statute includes any amendment, consolidation, or replacement of that statute.

1.2.5. A reference to a Party includes that Party's personal representatives, successors, and permitted assigns.

1.2.6. The words "include," "includes," and "including" are deemed to be followed by the phrase "without limitation."

2. PARTIES AND FORMATION

2.1. Parties. This Agreement is entered into between:

Provider: 5Leaf Auto, a limited liability company organized and existing under the laws of the State of New Jersey, with its principal place of business at 400 Broadway Park, Long Branch, NJ 07740 ("Provider")

AND

Customer: The individual or entity requesting services, as identified in the applicable Work Order ("Customer").

Provider and Customer may be referred to individually as a "Party" or collectively as the "Parties."

2.2. Formation. This Agreement, together with any applicable Work Order, constitutes the entire agreement between the Parties with respect to the Services and supersedes all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter.

3. SERVICES OFFERED

3.1. Available Services. Provider offers professional automotive enhancement services including but not limited to:

3.1.1. Window tinting; 3.1.2. Vehicle wraps (full and partial); 3.1.3. Detailing services (interior and exterior); 3.1.4. Paint Protection Film (PPF) installation; 3.1.5. Ceramic coating application; 3.1.6. Wax applications; 3.1.7. Paint correction; 3.1.8. Vinyl graphics and decals; 3.1.9. Chrome delete; and 3.1.10. Additional specialty services as indicated on Provider's website or price lists.

3.2. Service Selection. Customer shall select specific Services to be performed on the applicable Work Order. Provider shall perform only those Services specifically identified on the Work Order, unless otherwise agreed to in writing by both Parties.

3.3. Service Customization. Provider reserves the right to reasonably adjust the scope or method of Service delivery based on the specific requirements of Customer's Vehicle, provided that such adjustments are communicated to Customer prior to implementation.

4. SCOPE OF WORK AND PERFORMANCE STANDARDS

4.1. Scope. Provider agrees to perform the specific Service(s) selected by Customer as indicated on the Work Order form.

4.2. Customer Acknowledgment. Customer represents and warrants that Customer has been informed of and understands the nature, extent, and limitations of the Services to be performed.

4.3. Performance Standards. Provider shall:

4.3.1. Use reasonable skill, care, and diligence in performing the Services; 4.3.2. Follow industry-standard practices and procedures; 4.3.3. Use qualified personnel to perform the Services; 4.3.4. Comply with all applicable federal, state, and local laws, regulations, and ordinances; and 4.3.5. Provide Services in a professional and workmanlike manner.

4.4. Additional Work.

4.4.1. Customer acknowledges that specific Services may require additional preparation work depending on the Vehicle's condition, which may incur additional charges.

4.4.2. Provider shall notify Customer of any necessary additional work and associated costs before proceeding. Customer's approval, which may be provided verbally and documented by Provider, shall be required before Provider performs any additional work that would result in additional charges.

4.4.3. If Customer declines additional work that Provider deems necessary for proper Service performance, Provider reserves the right to: a. Decline to perform some or all of the originally requested Services; b. Modify the scope of Services to accommodate the Vehicle's condition; or c. Proceed with the originally requested Services with written acknowledgment from Customer that results may be compromised.

5. VEHICLE CONDITION, INSPECTION, AND PREPARATION

5.1. Pre-Service Inspection.

5.1.1. Prior to commencing Services, Provider will conduct and document a visual inspection of the Vehicle's exterior and interior condition, including any existing damage, imperfections, or special conditions that may affect Service outcomes.

5.1.2. The pre-service inspection report ("Inspection Report") shall be signed by Customer or Customer's authorized representative and shall constitute conclusive evidence of the Vehicle's condition prior to Service.

5.1.3. Provider's inspection is limited to readily observable conditions and does not constitute a comprehensive mechanical inspection or certification of the Vehicle's overall condition.

5.2. Customer Responsibilities.

5.2.1. Customer shall: a. Remove all personal belongings from the Vehicle prior to Service; b. Disclose any known issues, previous repairs, modifications, or other conditions that could affect Service outcomes or quality; c. Provide Provider with accurate information regarding the Vehicle, including make, model, year, VIN, and any aftermarket modifications; d. Ensure that the Vehicle is delivered with sufficient fuel for Provider to operate it as necessary to complete the Services; e. Disable any vehicle alarm systems or provide necessary instructions for disarming; and f. Provide keys, security codes, or other access mechanisms necessary for Provider to perform the Services.

5.2.2. Provider reserves the right to refuse Service if Customer fails to comply with these responsibilities.

5.3. Service-Specific Acknowledgments.

5.3.1. For Window Tinting Services, Customer acknowledges that: a. Tint removal may cause damage to rear window defrosters or other electronic components in some cases; b. Certain vehicle conditions (including but not limited to age, glass condition, previous tint applications) may prevent perfect adhesion of film; c. Small dust particles may become trapped during installation despite industry-standard precautions; d. A curing period of 7-30 days is required during which minor visual imperfections, including but not limited to haziness, water pockets, and small bubbles, may be present; e. During the curing period, windows should remain closed and excessive humidity should be avoided; and f. New Jersey law prohibits window tinting that reduces light transmission below 35% on the driver and front passenger side windows.

5.3.2. For Vinyl Wraps and PPF, Customer acknowledges that: a. Complete coverage of complex surfaces may require seams or relief cuts; b. Some minimal trimming around complex edges may be necessary; c. Removal of existing vinyl, decals, or adhesives may require additional charges; d. Certain paints or surfaces may not be suitable for wrap application; e. Newly painted surfaces must be fully cured (minimum 30 days) before wrap application; f. Partial wraps may not precisely match factory colors; g. Wraps conform to but do not correct underlying surface imperfections; and h. Removal of wraps after extended periods may require additional restoration services not included in the initial Service fee.

5.3.3. For Ceramic Coating and PPF, Customer acknowledges that: a. Optimal results require proper paint decontamination and correction prior to application; b. The coating does not prevent rock chips, scratches, or physical damage; c. Regular maintenance and specific care procedures are required to maintain warranty coverage; d. Environmental contaminants (including but not limited to bird droppings, tree sap, and industrial fallout) should be removed promptly to prevent damage; and e. The appearance and performance of the coating may vary depending on the condition and composition of the underlying paint or surface.

6. PRICING AND PAYMENT

6.1. Service Fees.

6.1.1. Pricing for Services shall be as quoted on the Work Order form or as listed on Provider's current rate sheet at the time of scheduling.

6.1.2. All quoted prices are subject to change if: a. The actual condition of the Vehicle differs from that represented by Customer; b. Additional work is required beyond what was initially quoted; c. The quote was provided more than thirty (30) days prior to Service commencement; or d. Provider discovers circumstances that materially affect the complexity, duration, or cost of performing the Services.

6.2. Deposits and Payment Schedule.

6.2.1. Vehicle Wrap Services: A non-refundable deposit of One Thousand Dollars ($1,000.00) is required to schedule vehicle wrap services, to be paid after consultation and prior to the beginning of service.

6.2.2. Ceramic Coating Services: A non-refundable deposit of One Hundred Fifty Dollars ($150.00) is required to schedule ceramic coating services.

6.2.3. Other Services: Provider may require deposits for other Services as specified on the Work Order.

6.2.4. All deposits shall be applied toward the total cost of the Services.

6.2.5. Final payment of the remaining balance is due upon completion of Services and prior to release of the Vehicle.

6.3. Acceptable Payment Methods.

6.3.1. Provider accepts the following payment methods: a. Cash; b. Zelle transfers to Provider's designated account; or c. Checks made payable to "5Leaf Auto."

6.3.2. All checks are subject to clearance before the Vehicle is released to Customer.

6.3.3. A fee of Fifty Dollars ($50.00) will be assessed for any returned or dishonored checks.

6.4. Taxes and Fees.

6.4.1. All prices are exclusive of applicable federal, state, and local taxes.

6.4.2. New Jersey sales tax at the current rate will be applied to all Services and products as required by law.

6.4.3. Customer shall be responsible for any additional permits, registration fees, or government charges related to the Services.

6.5. Additional Charges.

6.5.1. Customer agrees to pay for any additional services authorized during the Service process.

6.5.2. Additional charges may apply for excessive cleaning, stain removal, or correction of pre-existing conditions.

6.6. Vehicle Release.

6.6.1. Customer acknowledges that the Vehicle and keys will not be released until payment has been received in full.

6.6.2. If Customer fails to make full payment when due, Provider may exercise its rights under applicable New Jersey law, including but not limited to asserting a garage keeper's lien on the Vehicle.

7. SCHEDULING, COMPLETION, AND DELIVERY

7.1. Service Scheduling.

7.1.1. Services shall be scheduled on a date and time mutually agreed upon by the Parties, subject to Provider's availability.

7.1.2. Provider reserves the right to reschedule appointments with reasonable notice to Customer.

7.2. Service Duration.

7.2.1. Estimated completion times are provided as a courtesy but are not guaranteed.

7.2.2. Service duration may vary based on: a. The actual condition of the Vehicle; b. Complexity of the specific service being performed; c. Weather conditions (for certain services); d. Availability of materials or specialized equipment; or e. Other factors outside Provider's reasonable control.

7.2.3. Provider shall make reasonable efforts to notify Customer of any significant delays in the estimated completion time.

7.3. Vehicle Pickup.

7.3.1. Customer must pick up the Vehicle within forty-eight (48) hours of notification that Services are complete unless alternative arrangements are made in writing.

7.3.2. Vehicles left beyond forty-eight (48) hours may incur a daily storage fee of Fifty Dollars ($50.00).

7.3.3. Storage fees must be paid in full, in addition to Service fees, before the Vehicle will be released.

7.4. Abandoned Vehicles.

7.4.1. Vehicles left unclaimed for more than thirty (30) days may be considered abandoned and processed according to New Jersey law.

7.4.2. Customer shall remain responsible for all Service fees, storage charges, and legal costs associated with processing an abandoned Vehicle.

7.4.3. Provider's processing of an abandoned Vehicle shall not relieve Customer of any payment obligations under this Agreement.

8. CANCELLATION, RESCHEDULING, AND REFUNDS

8.1. Customer Cancellation and Rescheduling.

8.1.1. Customer may reschedule an appointment with at least three (3) Business Days' notice without penalty.

8.1.2. Cancellations or rescheduling requests made less than three (3) Business Days before the scheduled appointment will forfeit the deposit.

8.1.3. No-shows or cancellations on the day of the scheduled appointment will forfeit the deposit and may be subject to an additional cancellation fee equal to 25% of the total Service fee.

8.2. Provider Cancellation and Rescheduling.

8.2.1. Provider reserves the right to reschedule appointments due to: a. Unforeseen circumstances; b. Equipment failure; c. Staffing issues; d. Weather conditions that may affect Service quality; or e. Other conditions that may affect Service quality or safety.

8.2.2. Provider shall make reasonable efforts to notify Customer as soon as practicable if rescheduling is necessary.

8.2.3. If Provider cancels an appointment, any deposit paid by Customer shall be applied to the rescheduled appointment or refunded at Customer's option.

8.3. Cooling-Off Period.

8.3.1. In accordance with New Jersey consumer protection laws, Customer has three (3) Business Days to cancel this Agreement for a full refund of any deposit, provided no work has begun.

8.3.2. Cancellation during the cooling-off period must be submitted in writing to Provider.

8.4. Refunds.

8.4.1. Refunds, when applicable, will be issued using the same payment method originally used by Customer.

8.4.2. Refunds may take up to fifteen (15) Business Days to process, depending on the payment method.

8.4.3. No refunds will be issued after Services have commenced except as expressly provided in this Agreement or as required by applicable law.

9. WARRANTIES AND GUARANTEES

9.1. Limited Service Warranties.

9.1.1. Window Tinting: Provider warrants tinting against bubbling, peeling, and purple discoloration for a period of five (5) years from installation. This warranty does not cover damage from improper care, accidents, or normal wear and tear.

9.1.2. Vehicle Wraps: Provider warrants against material defects, peeling, and excessive fading for five (5) years under normal use conditions.

9.1.3. Paint Protection Film: Provider warrants against yellowing, bubbling, or peeling for seven (7) years when maintained according to care instructions.

9.1.4. Ceramic Coating: Provider warrants hydrophobic properties for ten (10) years when maintained according to provided care instructions.

9.1.5. Wax Applications: Provider warrants protective properties for five (5) years when maintained according to provided care instructions.

9.1.6. Detailing Services: No warranty is provided for basic detailing services due to their temporary nature and dependence on subsequent vehicle care.

9.2. Warranty Exclusions.

9.2.1. All warranties are void if: a. Customer fails to follow proper care instructions provided by Provider; b. The Vehicle is involved in an accident or collision; c. Unauthorized repairs or modifications are made to the treated surfaces; d. Damage occurs due to extreme environmental conditions beyond normal wear and tear; e. The Vehicle is used for commercial purposes unless specifically contracted; f. Intentional damage occurs to the treated surfaces; g. Reckless or improper maintenance practices are employed by Customer; h. The Vehicle is subjected to racing, off-road use, or other extreme conditions not consistent with normal passenger vehicle use; i. Damage occurs due to acts of vandalism, fire, flood, or other events outside Provider's control; or j. Customer fails to perform required maintenance as specified in the care instructions.

9.3. Warranty Maintenance Requirements.

9.3.1. To maintain warranty coverage, Customer must: a. Follow all provided care instructions; b. Avoid automatic car washes with brushes for wrapped or coated vehicles; c. Use only approved cleaning products as specified in the care instructions; d. Schedule recommended maintenance services as advised by Provider; e. Promptly report any issues or concerns to Provider; and f. Maintain documentation of proper care and maintenance.

9.4. Warranty Claims Process.

9.4.1. To make a warranty claim, Customer must: a. Notify Provider in writing within ten (10) Business Days of discovering the issue; b. Provide photographic evidence of the issue when possible; c. Make the Vehicle available for inspection by Provider at Customer's expense; d. Provide proof of purchase and warranty documentation; and e. Allow Provider a reasonable opportunity to remedy the issue.

9.4.2. Provider shall have the sole discretion to determine whether a condition is covered under warranty.

9.4.3. Provider's obligation under warranty is limited to repairing or replacing the defective material or workmanship.

9.5. Disclaimer of Additional Warranties.

9.5.1. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, PROVIDER MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED.

9.5.2. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PROVIDER, ITS AGENTS, OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE WARRANTIES PROVIDED IN THIS AGREEMENT.

10. LIMITATION OF LIABILITY AND INDEMNIFICATION

10.1. Limitation of Liability.

10.1.1. Provider's liability is strictly limited to the repair or replacement of defective materials or workmanship.

10.1.2. Provider's total liability for any claim arising out of or relating to this Agreement shall not exceed the amount paid by Customer for the Services that are the subject of the claim.

10.1.3. IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO: a. Loss of use of Vehicle during service or repair periods; b. Loss of income or revenue; c. Loss of business or business opportunity; d. Loss of anticipated savings; e. Loss of data; f. Diminution in value of the Vehicle; or g. Any other pecuniary or non-pecuniary loss, however arising.

10.1.4. Provider specifically disclaims liability for: a. Pre-existing damage or conditions not noted during initial inspection; b. Minor imperfections that are within industry standards; c. Damage occurring after service completion; d. Paint damage revealed after removal of dirt, wax, or other substances during preparation; e. Damage to electrical components that may occur during installation of any product; f. Failure of Customer to follow care and maintenance instructions; g. Normal wear and tear; or h. Conditions resulting from improper use of the Vehicle.

10.2. Specific Service Liability Limitations.

10.2.1. Customer acknowledges that Provider cannot guarantee exact color matches for partial wraps or repairs.

10.2.2. For ceramic coatings and paint protection films, Provider does not warrant against: a. Rock chips, road debris damage, or other impact damage; b. Water spots or stains from environmental contaminants; c. Swirl marks or scratches that may occur after installation; or d. Pre-existing paint defects that may become more visible after surface preparation.

10.2.3. Window tinting is performed in compliance with New Jersey laws regarding visible light transmission percentages. Customer assumes all liability if requesting tint that does not comply with current laws.

10.3. Customer Indemnification.

10.3.1. Customer agrees to indemnify, defend, and hold harmless Provider, its officers, directors, employees, agents, affiliates, successors, and permitted assigns from and against any and all losses, damages, liabilities, deficiencies, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, that arise out of or result from: a. Customer's breach of any representation, warranty, covenant, or obligation under this Agreement; b. Customer's negligent or more culpable acts or omissions; c. Customer's provision of inaccurate information regarding the Vehicle; d. Customer's request for services that violate applicable laws or regulations; or e. Claims by third parties related to Customer's use of the Vehicle following completion of Services.

11. DAMAGE RELEASE AND ASSUMPTION OF RISK

11.1. Installation Risks.

11.1.1. Customer acknowledges that the installation of window films, vehicle wraps, PPF, or other modifications may require: a. Removal of certain vehicle parts; b. Trimming around edges; c. Use of heat and adhesives; or d. Other procedures that inherently involve some risk.

11.1.2. Provider will exercise reasonable care during these processes but is not responsible for: a. Minor damage to trim pieces that may occur during normal installation procedures; b. Pre-existing loose moldings or trim; c. Paint defects revealed during the preparation process; d. Damage to aftermarket or modified components; e. Minor variations in appearance or finish; or f. Other issues inherent in the nature of the Services requested.

11.2. Customer Assumption of Risk.

11.2.1. Customer voluntarily assumes all risks associated with: a. Requesting modifications that may affect the Vehicle's original appearance, functionality, or warranty; b. Requesting Services that may not be approved by the Vehicle manufacturer; c. Requesting tint levels that may not comply with applicable laws; d. Failure to follow care and maintenance instructions; or e. Use of the Vehicle in conditions that may accelerate wear or damage to the Services provided.

11.3. Personal Property.

11.3.1. Provider is not responsible for loss or damage to any items left in the Vehicle during service.

11.3.2. Customer agrees that any personal property left in the Vehicle is at Customer's sole risk.

12. THIRD-PARTY PRODUCTS AND SERVICES

12.1. Customer-Supplied Products.

12.1.1. For any customer-supplied products, Provider: a. Makes no warranties regarding product quality or suitability; b. Charges standard labor rates regardless of product performance; c. Is not responsible for product defects or failures; d. May refuse to install products deemed unsafe or unsuitable; and e. Reserves the right to charge additional fees for installation difficulties related to customer-supplied products.

12.1.2. Use of customer-supplied products may void any service warranties provided by Provider.

12.2. Manufacturer Warranties.

12.2.1. For products supplied by Provider, any manufacturer warranties are separate from and in addition to Provider's service warranties.

12.2.2. Provider shall provide Customer with relevant manufacturer warranty information upon request.

12.2.3. Provider does not guarantee the performance of manufacturer warranties and is not responsible for their fulfillment.

13. OWNERSHIP OF MATERIALS AND INTELLECTUAL PROPERTY

13.1. Provider Materials.

13.1.1. All materials, designs, tools, techniques, processes, and methods used by Provider in providing the Services remain the exclusive property of Provider.

13.1.2. Provider retains all Intellectual Property Rights in any designs, templates, patterns, or creative works developed in connection with the Services.

13.2. Photography and Marketing.

13.2.1. Provider may photograph or record vehicles before, during, and after service for quality control and marketing purposes.

13.2.2. Customer grants Provider a perpetual, worldwide, royalty-free license to use images or recordings of Customer's Vehicle for marketing, training, quality control, or demonstration purposes, provided that Customer's personal identifying information is not disclosed without consent.

13.2.3. Customer may opt out of this provision by submitting a written request to Provider.

14. PRIVACY AND DATA PROTECTION

14.1. Customer Information.

14.1.1. Provider collects and processes Customer information as necessary to provide the Services.

14.1.2. Customer information will be handled in accordance with Provider's Privacy Policy, available at www.5leafauto.com.

14.1.3. Provider may contact Customer regarding service follow-ups, warranties, or promotions unless Customer opts out in writing.

14.2. Data Security.

14.2.1. Provider implements reasonable security measures to protect Customer information from unauthorized access or disclosure.

14.2.2. Provider does not sell or rent Customer information to third parties.

14.2.3. Provider may share Customer information as required by law or as necessary to fulfill its obligations under this Agreement.

15. FORCE MAJEURE

15.1. Events of Force Majeure.

15.1.1. Neither Party shall be liable for any failure or delay in performing its obligations under this Agreement if such failure or delay results from an Event of Force Majeure.

15.1.2. The Party affected by an Event of Force Majeure shall: a. Notify the other Party as soon as reasonably practicable; b. Use commercially reasonable efforts to mitigate the effects of the Event of Force Majeure; and c. Resume performance as soon as reasonably possible after the Event of Force Majeure has been removed or resolved.

15.1.3. If an Event of Force Majeure continues for more than thirty (30) days, either Party may terminate this Agreement by providing written notice to the other Party.

16. TERMINATION

16.1. Termination by Provider.

16.1.1. Provider may terminate this Agreement with immediate effect by written notice to Customer if: a. Customer breaches any material term of this Agreement; b. Customer fails to make any payment when due; c. Provider determines that the Vehicle's condition makes it unsuitable for the requested Services; d. Provider determines that the requested Services would violate applicable laws or regulations; or e. Provider determines that performing the Services would pose an unreasonable risk of harm to persons or property.

16.2. Termination by Customer.

16.2.1. Customer may terminate this Agreement by written notice to Provider in accordance with the cancellation provisions in Section 8.

16.3. Effect of Termination.

16.3.1. Upon termination of this Agreement: a. Customer shall pay Provider for all Services performed up to the date of termination; b. Provider shall return the Vehicle to Customer in its then-current condition; c. Customer shall remove the Vehicle from Provider's premises within forty-eight (48) hours; and d. All rights and obligations of the Parties shall cease, except those that expressly or by implication survive termination.

17. GOVERNING LAW AND JURISDICTION

17.1. Governing Law.

17.1.1. This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey without giving effect to any choice or conflict of law provision or rule.

17.1.2. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

17.2. Compliance with Laws.

17.2.1. This Agreement complies with the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-1 et seq., and all applicable Long Branch municipal regulations.

17.2.2. Provider maintains all required licenses, permits, and insurance as required by New Jersey law and Long Branch municipal regulations.

17.2.3. For services exceeding $500, Provider provides Customer with written estimates as required by N.J.A.C. 13:45A-26C.2.

17.2.4. Window tinting will be performed in compliance with New Jersey Revised Statutes § 39:3-75, which prohibits tint that reduces light transmission below 35% on front side windows.

18. NOTICES

18.1. Method of Notice.

18.1.1. All notices, requests, consents, claims, demands, waivers, and other communications under this Agreement (each, a "Notice") must be in writing and addressed to the other Party at the addresses set forth below (or to such other address that the receiving Party may designate from time to time).

18.1.2. All Notices must be delivered by personal delivery, nationally recognized overnight courier, or certified or registered mail (in each case, return receipt requested, postage prepaid).

18.1.3. Except as otherwise provided in this Agreement, a Notice is effective only: a. Upon receipt by the receiving Party; and b. If the Party giving the Notice has complied with the requirements of this Section.

18.2. Addresses for Notice.

18.2.1. If to Provider: 5Leaf Auto 400 Broadway Park Long Branch, NJ 07740 Attention: 5Leaf Auto Email: crew@5leafauto.com

18.2.2. If to Customer: At the address, email, and/or phone number provided by Customer on the Work Order.

19. DISPUTE RESOLUTION

19.1. Negotiation.

19.1.1. The Parties agree to attempt to resolve any dispute, controversy, or claim arising out of or relating to this Agreement through good-faith negotiation.

19.1.2. Either Party may initiate negotiation by providing written notice to the other Party of the dispute, including a brief summary of the dispute and a proposed resolution.

19.1.3. Within fourteen (14) days after receipt of the initial notice, the other Party shall respond with a written summary of its position and a proposed resolution.

19.2. Mediation.

19.2.1. If the dispute is not resolved within thirty (30) days after receipt of the initial notice of negotiation, either Party may refer the dispute to mediation.

19.2.2. The mediation shall be conducted in accordance with the rules of the American Arbitration Association in Monmouth County, New Jersey.

19.2.3. The Parties shall share equally the costs of mediation.

19.3. Binding Arbitration.

20. CLASS ACTION WAIVER

20.1. TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER EXPRESSLY WAIVES ANY AND ALL RIGHTS TO MAKE A CLAIM FOR DAMAGES AS A CLASS MEMBER IN ANY CLASS ACTION OR AS PART OF A PLAINTIFF GROUP. You and 5Leaf Auto agree that each may bring claims against the other only in your or its individual capacity and not as a member of any class or as part of a class or representative action. Unless you and 5Leaf Auto agree, a court may not consolidate any dispute between us with disputes involving other people OR PARTIES.​

 

5Leaf Auto

www.5leafauto.com

crew@5leafauto.com

(609)-732-2203