Terms of Service

Last Updated: Oct 6, 2024

Sakamaki Automotive LLC DBA Turbo Lab (“Turbo Lab,” “we,” “us,” or “our”), located at 1416 W Center St, Orem, Utah 84057, United States, provides automotive repair, maintenance, diagnostics, customization, and performance upgrades (“Service”).

Turbo Lab may update these Terms of Service (the “Terms”) from time to time in accordance with the “Changes to the Terms” section below.

1. Accepting the Terms

1. Acknowledgement. You acknowledge and agree to be bound by these Terms when you authorize Turbo Lab to work on your vehicle (“Authorization of Work”) by any means, including but not limited to verbal agreement, text message, email, or signature. If you do not agree to these Terms, you must not use our Service or authorize us to work on your vehicle.

2. Authority. By providing Turbo Lab with Authorization of Work and accepting these Terms, you represent that you have the legal power to do so.

2. Estimates

1. Estimates are Approximate. All quotes, work orders, invoices, or estimates (“Estimate” or “Estimates”) provided are approximate and subject to change based on further inspection and additional work that Turbo Lab deems necessary for safety or the completion of the requested Service. Any additional Service not included in the original Estimate equating to 10% or more of the original Estimate will be communicated to you for approval before proceeding.

3. Payment Terms

1. Deposits. Turbo Lab reserves the right to require deposits at any time between your initial Authorization of Work and the completion of the Service. The total amount of such deposits will not exceed the total cost of the Service as outlined in the Estimate. Work on your vehicle may be paused until the required deposit is received. If the deposit is not received within a reasonable timeframe, as determined by Turbo Lab, we reserve the right to cancel the service order, and any prior deposits received may be applied toward costs incurred.

2. Full Payment Due. Full payment is due upon completion of the Service. 

3. Storage Fees. Once Service is completed, you must complete final payment and pick up your vehicle within 2 days (48 hours). After this period, a storage fee of $40/day may be charged.

4. Taxes and Fees. All payments are subject to taxes and fees.

5. Payment Methods. We accept cash and major credit cards. Personal or business checks may be accepted at our sole discretion. If payment is made by check, we reserve the right to retain possession of your vehicle until the check has cleared. You will be responsible for a $50 fee for any check returned due to insufficient funds or any other reason. Furthermore, if a check is returned or fails to clear, full payment for services rendered must be made in cash or by credit card within 48 hours. Failure to remit payment within this period may result in additional storage fees and/or legal action to recover the owed amount.

6. Express Mechanic’s Lien. Upon Authorization of Work, an express mechanic’s lien (“Lien”) is acknowledged on your vehicle to secure the full amount due. We reserve the right to retain possession of your vehicle and maintain the Lien until full payment of the Service, including any applicable taxes and fees, are received and cleared.

4. Warranty

1. Effectiveness of Services. You acknowledge and agree that while we will use our best efforts to diagnose, repair and provide Services to your vehicle, we cannot guarantee that any particular Service will resolve the issue you are experiencing, prevent future issues, or lead to any particular desired outcome. Factors such as the condition of the vehicle, prior repairs or modifications, and unknown underlying issues may affect the effectiveness of such Services. Therefore, we do not assume liability, directly or indirectly, for any Services that do not achieve the desired results, nor do we guarantee that subsequent Services will not be necessary. You accept that all Services are performed based on the information available at the time and that the ultimate effectiveness of Services can be influenced by various factors beyond our knowledge or control.

2. Warranty on Services. Turbo Lab offers a limited warranty on most Services rendered, which covers defects in workmanship and labor for a period of 90 days or 1,500 miles following the date the Service is completed, whichever comes first. During this period, if issues arise as a direct result of our workmanship pertaining to the covered service, we will, at our discretion, repair or re-perform the Service at no additional cost to you, granted that the cost of the warranty work does not exceed the cost of such as outlined in the original Estimate.

3. Warranty on Parts. For parts supplied by Turbo Lab, we defer to the warranty provided by the manufacturer or supplier. We do not offer any additional warranties on parts beyond what is extended to us by the original manufacturer or supplier. In the event of a parts failure, any warranty claims must be processed in accordance with the manufacturer’s or supplier’s warranty policy and are subject to their terms and conditions.

4. Warranty Exclusions. Any warranty offered by Turbo Lab does not cover:

1. Damages or issues caused by misuse, neglect, accidents, modifications, including but not limited to, failure to maintain adequate fluid levels, ignoring warning lights, or operating the vehicle in a manner inconsistent with the manufacturer’s, supplier’s, or Turbo Lab’s recommended guidelines.

2. Damages or issues caused by racing, off-road use, or any other activities that place unusual stress on the vehicle.

3. Any claims for consequential damages, including but not limited to loss of use, lost profits, or personal injuries.

4. Vehicles that are altered or repaired by you or any third-party after the initial work has been completed.

5. Any work completed using customer supplied parts.

5. Validation of Warranty Claim. If you make a warranty claim, Turbo Lab reserves the right to inspect your vehicle to determine the root cause of the issue and the validity of the claim. Any warranty claim that requires parts or services that were not included in the original work are considered invalid. 

6. Customer’s Responsibilities. You agree that prior to Service it is your responsibility to inquire about warranty coverage for the specific parts and services that you will receive from Turbo Lab. 

5. Parts and Materials

1. Parts and Materials Ordered. You understand and agree that once parts and materials are ordered specifically for your vehicle, you are responsible for the costs associated with such parts as referenced in the Estimate.

2. Disposal of Old Parts and Materials. You understand and agree that Turbo Lab may dispose of your used and old parts and materials at any time during the Service. If you desire to retain your used or old parts and materials you must explicitly request the return of such prior to the commencement of Turbo Lab’s Service.

3. Aftermarket Parts. All aftermarket parts installed or supplied by Turbo Lab are strictly for off-road use only. You agree to indemnify, defend, and hold Turbo Lab, its owners, employees, agents, and affiliates harmless from any and all claims, injuries, damages, losses, liabilities, costs, fines, or expenses arising out of or in connection with the improper or unauthorized use of aftermarket parts.

6. Additional Customer Responsibilities

1. Accurate Information. You are responsible for providing accurate information regarding their vehicle’s history, existing issues, and any modifications. You are responsible for any and all damages, costs or requirements for additional Service associated with your failure to disclose accurate information to Turbo Lab prior to Service.

2. Personal Belongings. You will remove all personal belongings from the vehicle before Service and Turbo Lab is not responsible for any lost, stolen, or damaged items left in the vehicle.

7. Vehicle Testing

1. You understand and agree that, for certain types of Service, it may be necessary for us to operate and test drive your vehicle. You agree to maintain insurance coverage that extends to our business and authorized personnel while the vehicle is being operated for purposes such as diagnosis, testing, or evaluation. You further acknowledge that we are not liable for any damage, loss, or incidents occurring during test driving, except to the extent caused by our gross negligence or willful misconduct.

8. Dynamometer Services

1. Inherent Risks. You understand that testing your vehicle using a dynamometer can place a significant amount of stress on the vehicle’s engine, drivetrain, and other components. These activities carry inherent risks, which may include, but are not limited to, mechanical failures, engine or drivetrain damage, or complete engine failure. Turbo Lab will take all reasonable precautions to minimize these risks, but it is impossible to eliminate them entirely. By participating in dynamometer services, you voluntarily assume all risks associated with these activities.

2. Waiver of Liability: You agree that Turbo Lab, its employees, and affiliates shall not be held responsible or liable for any damage to your vehicle during any and all dynamometer services, including but not limited to mechanical failure or damage to your vehicle’s engine, transmission, clutch, etc… This waiver extends to all claims, demands, and liabilities, whether known or unknown, that may arise from your participation in dynamometer services.

3. Customer Responsibilities. It is your responsibility to ensure that your vehicle is in proper mechanical condition prior to dyno testing. This includes, but is not limited to, ensuring adequate fluid levels, proper engine operation, proper wheel alignment, and no known existing mechanical or electrical issues that could be exacerbated by dynamometer testing.

9. Calibration Services

1. Inherent Risks. You understand that calibrating, or tuning, your vehicle’s electronic system is a complex and inherently risky process, which can lead to adverse effects including, but not limited to, engine damage, mechanical failure, damage to critical electronic systems (ECU, ECM, PCM, TCM, sensors, etc…), or voiding of your manufacturer’s warranty. By opting to participate in calibration services, you voluntarily assume all risks associated with these activities. Furthermore, Turbo Lab makes no warranty, express or implied, regarding the effectiveness or suitability of the calibration for any particular application or desired outcome.

2. Intended Use. All calibration services provided by Turbo Lab are intended strictly for use in off-road applications only. By participating in calibration services you certify this to be your intended use and you further agree that it is your responsibility to ensure that the use of your vehicle after the calibration process is in compliance with any and all applicable laws, ordinances and regulations.

3. Waiver of Liability: You agree that Turbo Lab, its owners, employees, agents, and affiliates shall not be held responsible or liable for any and all damage to your vehicle as a result of calibration services. This waiver extends to all claims, demands, injuries, and liabilities, whether known or unknown, that may arise from your participation in calibration services. Furthermore, you agree to indemnify, defend, and hold Turbo Lab, its owners, employees, agents, and affiliates harmless from any and all claims, damages, losses, liabilities, costs, fines, and expenses arising out of or in connection with any mechanical or electrical failures or damages, injury, violation of laws or regulations, loss of manufacturer warranties or support, violations of environmental or emissions related regulations, or any third-party claims.

4. Customer Responsibilities. You understand and agree that the following are your responsibilities prior to any calibration services, and any failure to do so may increase the risk of damage, improper calibration results, or the requirements for additional Services and costs:

1. Issues and Modifications: You will disclose any known issues or modifications for your vehicle that could impact the outcome of the calibration or encumber the process. 

2. Proper Mechanical Condition: You will ensure that your vehicle is in proper mechanical condition prior to calibration services. This includes, but is not limited to, ensuring adequate fluid levels, no fluid leaks, no misfires, no vacuum leaks, fully charged battery, and the use of non-degraded fuel (91 octane at a minimum). 

10. Termination of Services

1. Our Right to Terminate. We reserve the right to terminate Services immediately and at any time if we determine, in our sole discretion, that continuing to perform the Services on your vehicle is not in the best interest of our business or poses undue risk or liability. Reasons for termination may include, but are not limited to: unsafe vehicle conditions, lack of cooperation or communication, failure to provide timely or required authorizations, or any conditions that interfere with our ability to perform the Services safely, efficiently, effectively, or to the standard of quality that we wish to maintain.

2. Your Right to Terminate. You may terminate Services at any time before completion, in your sole discretion, by providing written notice to us.

3. Upon Termination: We will make reasonable efforts to complete any necessary reassembly or to return the vehicle in a condition that allows for safe removal from our premises, however, you understand that since termination can come at any point during the Service we cannot guarantee any particular condition of your vehicle once returned to you and we shall not be liable for any issues or any consequential or incidental damages resulting from an incomplete Service. You will be responsible for all costs incurred up to the point of termination, including all costs associated with the requested or required reassembly. Any deposits or advance payments made may be retained by us and applied toward these costs.

11. Dispute Resolution

1. Initial Dispute Resolution. Turbo Lab is committed to resolving any of your disputes or concerns that may arise from our Service in a fair and efficient manner. In the event of a dispute, you agree to first attempt to resolve the issue informally by contacting us in writing within 30 days of the Service date at the contact information provided below. We will make every effort to address your concerns and find a mutually acceptable solution.

2. Mediation. If your dispute cannot be resolved through informal discussions, you and Turbo Lab agree to submit the matter to mediation before pursuing any other form of legal or equitable relief. Mediation will take place in Utah County, Utah, and will be conducted by a mediator mutually agreed upon by both parties. Each party will be responsible for its own costs related to the mediation, including attorney’s fees, but the costs and fees of the mediator shall be shared equally. 

3. Binding Arbitration. If mediation does not result in a resolution, you and Turbo Lab agree to resolve your dispute through binding arbitration. The arbitration will be conducted in Utah County, Utah, and will follow the rules set forth by the American Arbitration Association (AAA). The decision of the arbitrator will be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.

4. Waiver of Class Action and Jury Trial. You and Turbo Lab agree that any disputes brought forth by you will be resolved on an individual basis and that any claims will be brought solely in your or Turbo Lab’s individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. You further agree to waive any right to a jury trial.

5. Non-Disparagement. During the course of any dispute resolution process and thereafter, you agree not to make or publish any disparaging, defamatory, or negative comments, whether written or oral, about Turbo Lab, its employees, contractors, officers, owners, services, or business practices. This provision does not apply to statements made in the course of legal proceedings or mediation.

12. Indemnification

1. You agree to indemnify, defend, and hold us harmless from any and all claims, damages, losses, or expenses arising out of or related to the condition of your vehicle prior to or after the completion of Services.

13. Limitation of Liability

1. Damages. Under no circumstances shall Turbo Lab be liable for indirect, incidental, or consequential damages arising from or related to the use of our Service.

2. Maximum Liability. You agree that our maximum liability will not exceed the total amount paid for Services rendered.

14. General Legal Terms

1. Publicity. You grant Turbo Lab the right to use images, videos, and descriptions of your vehicle, including but not limited to the make, model, and modifications, for promotional purposes on our website, social media channels, and other marketing materials. This usage may include, but is not limited to, sharing photos of your vehicle before, during, and after Service, as well as showcasing your vehicle’s modifications or repairs made by Turbo Lab. If you do not wish for your vehicle to be featured in any promotional materials, you agree to inform us in writing before Service commences.

2. Severability. If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from these Terms, and the remaining provisions shall remain in full force and effect.

3. Changes to Terms of Service. We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting and your continued use of our Services signifies acceptance of any updated terms.

4. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of law principles. Any disputes arising out of or relating to this Agreement shall be resolved exclusively in the state or federal courts located within the State of Utah.

5. Supersession. These Terms constitute the entire agreement between you and Turbo Lab regarding the Services provided and supersedes any prior agreements, understandings, or representations, whether oral or written, relating to the subject matter herein.

15. Contact Information

1. Physical Address. Turbo Lab, 1416 W Center St, Orem, Utah 84057

2. Phone. 385-475-2010

3. Email. info@turbolabracing.com