DISCLAIMER

TERMS AND CONDITIONS OF PROPOSAL/INVOICE

1. Scope of Work. MJ Auto and Truck, LLC (“MJ Auto”) agrees to provide the labor and materials (“Labor and Materials”) described in this Contract for certain repairs to Customer’s vehicle as further described in this Contract (the “Project”). All Services shall be performed at MJ Auto’s place of business or at any other location mutually agreed upon by the parties. MJ Auto shall use reasonable efforts to complete the Services within the agreed-upon estimated timeframe, if any, subject to availability of parts and labor, and unforeseen circumstances beyond MJ Auto's control. MJ Auto shall have no liability nor obligation to provide compensation or accommodation to Customer if the Project is not completed within the stated time period, if any.

2. Contract Price and Payment. The estimated price for the Project is described in the Contract (the “Contract Price”) and is subject to increase by any additional work or materials requested by Customer. Customer acknowledges that the Contract is an estimate and is to be considered as a good faith approximation and may be subject to change based on the actual conditions encountered during the provision of the Services. Upon completion of the Services, MJ Auto will issue a final invoice to Customer detailing all charges related to the Services, including any adjustments from the initial estimate based on actual Services rendered. Customer is obligated to pay the amount specified in the Contract upon receipt of the same. In the event that any amount in the Contract is not paid by the due date, MJ Auto may impose a late payment fee of 1.5% per month on the outstanding balance, or the maximum rate permitted by law, whichever is lower, and may collect from Customer its reasonably incurred attorneys’ fees and expenses associated with the collection of the same. Customer will be charged a $50.00 fee for any returned check.

3. Limited Warranty; Right to Perform Corrections. CUSTOMER ACKNOWLEDGES AND AGREES THAT EXCEPT FOR THE LIMITED WARRANTY SPECIFICALLY PROVIDED IN THIS SECTION, NO OTHER WARRANTIES, EXPRESS OR IMPLIED, ARE GIVEN BY MJ AUTO WITH RESPECT TO ANY LABOR AND MATERIALS OR THE PROJECT. FURTHER, CUSTOMER HEREBY FOREVER WAIVES AND RELEASES MJ AUTO FROM AND AGAINST ANY AND ALL CLAIMS (INCLUDING BUT NOT LIMITED TO CLAIMS UNDER THE IMPLIED WARRANTIES OF WORKMANSHIP, HABITABILITY, AND FITNESS FOR A PARTICULAR PURPOSE). THE ONLY WARRANTY ON PRODUCTS, MATERIALS, AND EQUIPMENT PROVIDED UNDER THIS CONTRACT IS THE WARRANTY PROVIDED BY THE MANUFACTURER THEREOF, IF ANY, WHICH IS HEREBY ASSIGNED TO CUSTOMER. DURING THE ONE (1) YEAR PERIOD THAT BEGINS ON THE DATE OF THIS CONTRACT (THE “WARRANTY DATE”), MJ AUTO WILL REPAIR DEFECTS IN WORKMANSHIP PROVIDED BY MJ AUTO. ALLWORKMANSHIP THAT MEETS OR EXCEEDS APPLICABLE REASONABLE AND CUSTOMARY STANDARDS IN THE COUNTY WHERE THE PROJECT IS LOCATED, SHALL NOT BE CONSIDERED DEFECTIVE. CUSTOMER MUST REPORT ALL DEFECTS TO MJ AUTO IMMEDIATELY UPON DISCOVERY. IN THE EVENT ANY WORMANSHIP REQUIRES IMPROVEMENT UNDER THE TERMS OF THIS WARRANTY, MJ AUTO SHALL REMEDY WITHIN A REASONABLE PERIOD OF TIME. NOTWITHSTANDING ANY PROVISIONS IN THIS SECTION TO THE CONTRARY, MJ AUTO SHALL NOT BE RESPONSIBLE FOR ANY CLAIMS: (I) DUE TO ORDINARY WEAR AND TEAR, ABUSIVE USE, OR LACK OF MAINTENANCE; (II) DUE TO DEFECTS THAT ARE THE RESULT OF CHARACTERISTICS COMMON TO MATERIALS USED; (III) NOT CAUSED BY OR RESULTING FROM DEFECTIVE WORKMANSHIP; (IV) CAUSED, RESULTING FROM OR AGGRAVATED BY CUSTOMER’S FAILURE TO REPORT A DEFECT IN A TIMELY MANNER; OR (V) EXCLUDED UNDER THE TERMS OF THIS CONTRACT. SUBJECT TO THE EXCLUSIONS HEREIN, CUSTOMER’SSOLE REMEDY UNDER THE WARRANTY PROVIDED IN THIS CONTRACT IS THE REPAIR AND/OR REPLACEMENT OF THE DEFECTIVE LABOR AND MATERIALS. THE LIMITED WARRANTY IS NOT TRANSFERABLE AND IS FOR CUSTOMER’S PERSONAL BENEFIT ONLY. THE LIMITED WARRANTY AND THE REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. MJ AUTO SHALL HAVE THE RIGHT TO PROVIDE THE LABOR AND MATERIALS NECESSARY TO REPAIR, ALTER, COMPLETE OR ADJUST ANY DEFECTIVE LABOR AND MATERIALS. IF CUSTOMER REFUSES TO ALLOW MJ AUTO ACCESS TO THE PROJECT FOR SAID PURPOSES, ALL DUTIES AND OBLIGATIONS OF MJ AUTO WITH REGARD TO THE DEFECTS SHALL TERMINATE AND CUSTOMER SHALL BE DEEMED TO HAVE ACCEPTED THE DEFECTIVE OR REJECTED LABOR AND MATERIALS, IN ITS THEN CONDITION, “AS IS”, WITHOUT ANY WARRANTY OF WHATSOEVER KIND OR NATURE, EXPRESS OR IMPLIED, AND CUSTOMER SHALL HAVE NO RIGHT TO ANY CLAIM AGAINST MJ AUTO ARISING FROM OR RELATED TO ANY SUCH COMPLAINED OF CONDITIONS OR DEFECTS. IF MJ AUTO CORRECTS OR ATTEMPTS TO CORRECT ANY DEFECT SUBSEQUENT TO THE EXPIRATION OF THE LIMITED WARRANTY PERIOD SET FORTH IN THIS SECTION, SUCH CONDUCT WILL NOT BE DEEMED TO EXTEND THE LIMITED WARRANTY BEYOND THE ORIGINAL WARRANTY TERM AND SHALL NOT BE EVIDENCE OF A WARRANTY, EITHER EXPRESS OR IMPLIED, AND SUCH CONDUCT SHALL BE DEEMED GRATUITOUS BY MJ AUTO. NO REPAIR BY MJ AUTO SUBSEQUENT TO THE EXPIRATION OF THE LIMITED WARRANTY PERIOD SHALL BE WARRANTED BY MJ AUTO EITHER EXPRESSLY OR BY IMPLICATION.

4. Limitation of Liability; Liquidated Damages. CUSTOMER AGREES THAT MJ AUTO SHALL NOT BE LIABLE FOR ANY EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, TREBLE OR LIQUIDATED DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ECONOMIC LOSS DAMAGES OR LOSS OF PROFITS OF ANY KIND, DAMAGES ARISING FROM CUSTOMER’S OR USE OF ANY PRODUCTS OR MATERIALS PROVIDED HEREUNDER, THE OPERATION OR FAILURE OF ANY PRODUCTS OR MATERIALS TO OPERATE, THIS CONTRACT, OR THE INSTALLATION, USE, DESIGN OR FUNCTION OF ANY THIRD PARTY MATERIALS, SUPPLIES, PRODUCTS, GOODS, SYSTEMS, FIXTURES, AND/OR EQUIPMENT. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, CUSTOMER AGREES THAT MJ AUTO’S LIABILITY FOR PERSONAL INJURY, DEATH OR PROPERTY DAMAGE, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED THE CONTRACT PRICE PAID BY CUSTOMER FOR THE PROJECT. SUCH SUM SHALL BE CUSTOMER’S SOLE, COMPLETE AND EXCLUSIVE REMEDY AND SHALL BE PAID AND RECEIVED AS LIQUIDATED DAMAGES OR A LIMITATION OF LIABILITY AMOUNT AGREED ON BY THE PARTIES AND NOT AS A PENALTY. IN NO CIRCUMSTANCES WILL MJ AUTO BE HELD LIABLE FOR ANY CLAIMS, LOSSES, DAMAGES OR INJURIES ARISING FROM OR CAUSED BY THE CUSTOMER’S OR ANY OTHER PARTY’S MATERIALS, SUPPLIES, PRODUCTS, GOODS, SYSTEMS, FIXTURES, EQUIPMENT, ACTIONS, OR OMISSIONS.

5. Miscellaneous Terms and Conditions. This Contract constitutes the entire understanding of the parties hereto and that Customer represents and confirms that they have read this Contract and understand all of its terms, and is knowingly and voluntarily entering into this Contract. There are no other agreements, representations, or warranties not set forth herein, unless required by law. Except as specifically set forth above, this Contract may only be modified if such modification is in writing and signed by both MJ Auto and Customer. This Contract is not valid until such time that is has been signed by Customer. This Contract shall be binding upon the heirs, executors, administrators, successors, and assigns of Customer. This Contract shall be governed by the laws of the State of Indiana. The parties hereby stipulate that venue of any action brought in respect of the interpretation hereof or the rights of the parties hereunder, both during the term of this Contract or subsequent to any termination hereof, shall be placed in the Superior or Circuit Courts sitting in Vanderburgh County, Indiana. In the event of a dispute, the party who does not prevail in such arbitration shall pay all the prevailing party’s reasonable attorneys’ fees, experts’ fees, costs and expenses incurred by such prevailing party in resolving said matter. As used herein the term ‘prevailing party’ shall include, but not be limited to, a person who obtains legal counsel or brings an action against the other by reason of the other’s breach or default and obtains substantially the relief sought whether by compromise, settlement, or judgment. The parties agree that in the event any terms or provisions contained in this Contract are held to be invalid, illegal or unenforceable, such holding shall not affect any other provision hereof,and this Contract shall be construed as if such invalid, illegal or unenforceable terms or provisions had not been contained herein. This Contract shall be construed in its entirety according to its plain meaning and shall not be construed against the party who provided or drafted it. The headings to the various sections and paragraphs of this Contract have been inserted for convenience only and shall not constitute a part hereof or affect in any way the meaning or interpretation of this Contract. This Contract may be executed in two or more counterparts each of which shall be deemed an original and all of which shall constitute one and the same document.