DBA/AKA Disclaimer: AB Automotive Repair L.L.C, AB Automotive Repair & Transmissions, AB Automotive Transmission, AB Transmissions, ABT or any other names affiliated with AB Automotive Repair L.L.C. are true representation of AB Automotive Repair L.L.C.
RETURN POLICY (Transmissions Not Included)
All Returns must be accompanied by original invoice before 10 days.
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Special orders, electrical parts, and tools are Non-Refundable.
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50% Deposit required on Special Orders
20% Restocking charge on ALL returns unless other arrangements are made at the time of purchase.
AB Automotive Repair L.L.C, AB Automotive Repair & Transmissions, AB Automotive Transmission, AB Transmissions or any other names affiliated with AB Automotive Repair L.L.C. RESERVE THE RIGHT TO REFUSE CREDIT CARDS & CHECKS.
QUOTES ARE FOR ESTIMATION PURPOSES AND IS NOT A GUARANTEE OF COSTS OF SERVICES. QUOTE IS BASED ON CURRENT INFORMATION FROM CLIENT ABOUT PROJECT REQUIREMENTS. ACTUAL COSTS MAY CHANGE ONCE PROJECT ELEMENTS ARE FINALIZED OR NEGOTIATED. CLIENTS WILL BE NOTIFIED OF ANY CHANGES OR COSTS EXCEEDING $100 PRIOR TO THEM BEING INCURRED.
I. STORAGE FEES-
DELAYED PICKUP/SHIPMENT OF GOODS
When we set or agree to a price for the sale of an item, we assume the buyer will be paying/arranging for shipment or picking the item up very shortly. We never have enough room to store items not yet sold, let alone sold items (and we really don't want to be in the business of storing items). Items that are left here are continually in the way and are subject to damage and degradation as they are continually moved around to make way for ongoing activity. Items where shipping arrangements and payment have not been made, or where the item is not otherwise picked up, within 5 days of the sale date (even though the item itself has been paid for) are subject to a daily storage fee. The fee for small, hand-held size items is $3.50 per day. The fee for items that ship on a pallet is $25 per day. Between size items are subject to daily fees between these two numbers. Really BIG stuff may be subject to storage fees of as much as $100 per day.
** The buyer forfeits the item and any payments made when the fees reach the sale price of the item or at 15 days, whichever comes first. No money will be returned for forfeited items. Items are subject to re-listing immediately upon forfeiture. For items that have incurred storage fees, CASH payment of the fees due will be required for the item to be shipped or released for pickup.
If you think you may have reason for delayed pickup, contact us in advance to get an estimate of the cost.
We hate to have to institute this policy, but unclaimed items are consuming our precious limited storage space that we have to pay dearly for.
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II. VEHICLE STORAGE FEES
All charges for repairs including labor and materials furnished are due and payable simultaneously with the delivery of the within described vehicle or prior to delivery upon the expiration of three (3) days after notice to Customer that the repairs have been completed. If the vehicle described herein is not picked up within three (3) days after such notice is given, ABT may charge daily storage fees at rates that are ordinary and customary for the area, but not to exceed $50.00 per day or the maximum rate allowable by applicable law.
IF THE STORAGE AMOUNT EXCEEDS THE COST OF REPAIR... AB AUTOMOTIVE WILL ASSUME THE VEHICLE AS ABANDONED AND FOLLOW STATUTE OF NEW JERSEY LAW AND WILL FOLLOW NECESSARY COURSE OF ACTION WHICH MAY INCLUDE FILING AS PER INSTRUCTIONS OF DISPOSAL OF ABANDONED VEHICLE. https://www.state.nj.us/mvc/pdf/vehicles/Repair_Facility_Packet.pdf
II. TRANSMISSION STORAGE FEES
All charges for repairs including labor and materials furnished are due and payable simultaneously with the delivery of the within described vehicle or prior to delivery upon the expiration of three (3) days after notice to Customer that the repairs have been completed. If the transmission described herein is not picked up within three (3) days after such notice is given, ABT may charge daily storage fees at rates that are ordinary and customary for the area, but not to exceed $25.00 per day or the maximum rate allowable by applicable law. IF A TRANSMISSION IS NOT PICKED UP WITHIN 15 DAYS WITHOUT PRIOR WRITTEN AUTHORIZATION - STORAGE FEES AS STATED IN ITEM I OF THIS SECTION GO INTO EFFECT.
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PAYMENT TERMS AND LATE FEES
All payments for undisputed charges are due upon receipt of the invoice and become past due if not paid five (5) business days after date of the invoice by Customer. ABT has the right to refuse credit cards, digital forms or payment, and checks. Any payment due that is not paid upon receipt shall be liable for a penalty in the amount of $100 for each failure to make payment in accordance with the payment schedule [30 days]. Payments shall be made in U.S. dollars. Payments for undisputed charges not received within five days shall bear interest at a rate equal to the lower of: (i) ten percent (16%) per annum or (ii) the highest rate permitted by law. This penalty shall be in addition to any other remedy that might be available to ABT under New Jersey law for breach of contract. Payments must be paid by the payee, with the payment obligation to ABT. Such payments shall be made free and clear of and without deduction in respect of any demand, set-off, counter-claim or other dispute except as otherwise specifically provided in written agreement. Customer shall pay Company’s costs of collection of payments due under this Agreement, including costs or expenses, collection, agency fees, reasonable attorneys’ fees and court costs. All amounts not timely and appropriately disputed shall be deemed final and not subject to further dispute.
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Fees are non-refundable
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Interest, penalties, and administrative costs.
Except as otherwise provided by statute, contract or excluded
(i) $100/month fee
(ii) Penalties at the rate of 16 percent a year or such other rate as authorized by law on any portion of a debt that is delinquent for more than 5 business days.
(iii) Administrative costs to cover the costs of processing and calculating delinquent debts.
(iv) Late payment charges under paragraphs (i) and (ii) of this section shall be computed from the date of delinquency.
(v) When a debt is paid in partial or installment payments, amounts received shall be applied first to outstanding penalty and administrative cost charges, second to accrued interest, and then to outstanding principal.
(vi) ABT shall consider waiver of interest, penalties and/or administrative costs, but holds no obligation to agree to these terms.
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Collection in installments.
Whenever feasible, and except as required otherwise by law, debts owed to ABT, together with interest, penalties, and administrative costs as required by this regulation, should be collected in one lump sum. This is true whether the debt is being collected under administrative offset, including salary offset, or by another method, including voluntary payment. However, if the debtor is financially unable to pay the indebtedness in one lump sum, payment may be accepted in regular installments. If ABT agrees to accept payment in installments, it may require a legally enforceable written agreement from the debtor that specifies terms of the arrangement and which contains a provision accelerating the debt in the event the debtor defaults. The size and frequency of the payments should bear a reasonable relation to the size of the debt and ability of the debtor to pay. If possible, the installment payments should be sufficient in size, and frequency to liquidate ABT's claim within 1 year.
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Administrative Costs
Administrative Fees shall be due and payable within thirty (30) days of the end of each calendar month. Fees shall be based either on the actual costs incurred or on cost analyses establishing an average cost for processing and handling delinquent debts.
Administrative costs may include [but not limited to]
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Paper Records: Labor charge of $20.00 plus $1.00 per page for the cost of labor and supplies for copies provided in paper form. Standard document size of 8 ½ x 14 inched or less.
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If the records are delivered to the attorney or the attorney’s representative for inspection or photocopying at the record custodian’s place of business, the only fee for complying with the authorization shall not exceed fifteen dollars ($15), plus actual costs, if any, charged to the record custodian by a third person for retrieval and return of records held offsite by the third person.
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Electronic Records: Labor charge of $25.00 plus $0.75 per page, or $200.00 total, whichever is less, for copies provided electronically.
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Postage and fees associated with, to include packaging and delivery cost
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Notary fee, not to exceed $50.00, if requested
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Additional Clerical Costs: If labor exceeds 1 hour, reasonable clerical costs incurred in locating and making the records available to be billed at the maximum rate of $16.00 per hour per person, computed on the basis of $4.00 per quarter-hour or fraction thereof.
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Miscellaneous fees: A calculated amount may be added to the debt as MISC FEES, based either on the actual costs incurred or on cost analyses establishing an average cost for processing and handling delinquent debts.
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Example: To illustrate the effect of the fore mentioned costs, the following example is provided.
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Assume debtor owes $1000 to ABT with a delinquent account of four (4) months.
$1000 Principle
$200 Interest
$400 Penalty ($100/month)
$320 Flat administrative costs (weekly notices)
$75 [for 75 pages]
$96 postage & fees
$117.33 NJ Tax
$377.67 Misc Fees [i.e.Private collection agency (PCA) charges ABT a 20% contingency fee]
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$3398.99
In contemplation of, preparation for, or use in any legal or collections proceeding, any person who is or has been associated with the account on record, shall be entitled to obtain access, personally or by and through his/her/their attorney, to the information in his/her/their records, upon request and with written debtor authorization, and shall be furnished copies of all records pertaining to his/her/their case upon the tender of the expense of such copy or copies.
Disclaimer: Fee statutes are subject to change. The information provided here is the most up-to-date available as of the original date of publication. This section shall not affect any fees or costs. Nothing in this section shall preclude existing policies. If maximum rates have already been established by statute or rule for a state or local government entity, those rates prevail over the rates set forth in this part. This subchapter does not annul, alter, or affect, or exempt any person subject to the provisions of this subchapter from complying with the laws of any State with respect to debt collection practices, except to the extent that those laws are inconsistent with any provision of this subchapter, and then only to the extent of the inconsistency. For purposes of this section, a State law is not inconsistent with this subchapter if the protection such law affords any consumer is greater than the protection provided by this subchapter. Information regarding the topics in this section may be found on the Federal Trade Commission's website.
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CHARGES: Consumers further agree to pay a penalty charge of $50.00 (Fifty Dollars) [or current maximum State or Federal allowance] as additional fees to ABT if consumer's check is returned to ABT unpaid. ABT shall then have the right to require consumer to pay the unpaid balance and additional fees by cash or certified check for the balance of the invoice plus fees.
WE ARE NOT RESPONSIBLE FOR FIRE, THEFT OR VANDALISM OUTSIDE OR INSIDE OF ANY VEHICLE
NO NOS HACEMOS RESPONSABLES DE INCENDIOS, ROBO O VANDALISMO FUERA O DENTRO DE LOS VEHÍCULOS
Upon signing repair order, or leaving your vehicle with ABT you agree to This HOLD HARMLESS AGREEMENT, effective on the date vehicle is left with ABT, or persons on behalf of ABT, by and between AB Automotive Repair LLC (hereinafter, "ABT"), of 1095 Saint George Ave, Colonia, New Jersey 07067 and yourself (hereinafter, "customer"), ABT and you are sometimes individually referred to as "Party" and collectively referred to as "Parties."
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WHEREAS, in exchange for valuable consideration, customer desire's to hold ABT from any claims and/or litigation arising out of customer's performance of the work of providing these services.
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NOW, THEREFORE, in consideration of the mutual covenants and conditions herein, ABT and customer hereby agree as follows:
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TERMS
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1. Hold Harmless. Customer shall fully defend, indemnify, and hold harmless ABT from any and all claims, lawsuits, demands, causes of action, liability, loss, damage and/or injury, of any kind whatsoever (including without limitation all claims for monetary loss, property damage, equitable relief, personal injury and/or wrongful death), whether brought by an individual or other entity, or imposed by court of law or by administrative action of any federal, state, or local government body or agency, arising out of, in any way whatsoever, any acts, omissions, negligence, or willful misconduct on the part of customers, its officers, owners, personnel, employees, agents, contractors, invitees, or volunteers. This indemnification applies to and includes, without limitation, the payment of all penalties, fines, judgements, awards, decrees, attorney's fees, and related costs or expenses, and any reimbursements to ABT for all legal fees, expenses, and costs incurred by it.
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2. Authority to Enter Agreement. Each Party warrants that the individuals who have signed ABT work orders have the actual legal power right, and authority to make this Agreement and bind each respective Party.
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3. Amendment; Modification. Supplements, modification, or amendment of this Agreement shall be binding without prior consent.
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4. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party and contractual right by custom, estoppel or otherwise.
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5. Attorney's Fees and Costs. If any legal action or other proceeding is brought in connection with this Agreement, ABT if deemed the successful or prevailing Party, shall be entitled to recover reasonable attorney's fees and other related costs, in addition to any other relief to which, ABT, as the prevailing Party is entitled. In the event that ABT is not the prevailing party, you waive your right to recovering attorney's fees and other related costs unless otherwise predetermined between ABT and yourself prior to agreement of work.
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6. Entire Agreement. This contains the entire agreement between the Parties related to the matters specified herein, and supersedes any prior oral or written agreements between the Parties related to such matters.
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7. Enforceability, Severability, and Reformation. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court funds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. The intent of the Parties is to provide as a broad indemnification as possible under NEW JERSEY law. In the event that any aspect of this Agreement is deemed unenforceable, the court is empowered to modify this agreement to give the broadest possible interpretation permitted under NEW JERSEY law.
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8. Applicable Law. This Agreement shall be governed exclusively by the laws of NEW JERSEY, without regard to conflict of law provisions.
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9. Exclusive Venue and Jurisdiction. Any lawsuit or legal proceeding arising out of or relating to this Agreement in any way whatsoever shall be exclusively brought to and litigated in the federal and state courts of MIDDLESEX COUNTY, NEW JERSEY, while ABT is located within Middlesex County and shall be determined based on the County of wherever ABT is currently located. Each Party expressly consents and submits to this exclusive jurisdiction and exclusive venue. Each Party expressly waives the right to challenge this jurisdiction and/or venue as improper or inconvenient. Each Party consents to the dismissal of any lawsuit that they bring in any other jurisdiction or venue.
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10. Signatures. No written form/contract shall be deemed necessary to be signed on behalf of AB Automotive Transmissions, by AB Automotive Transmissions, AB Automotive Repair LLC, or on behalf of yourself, by yourself, and effective as of the date of the drop-off of any vehicle and/or property to 1095 Saint George Avenue, Colonia NJ.
Mechanic’s Lien; Lien Sale; Collection. In addition to any and all other legal remedies available to ABT, Customer authorizes and acknowledges an express mechanic’s lien in favor of ABT on the vehicle described herein for all charges for repairs, including labor and parts, storage and/or towing. Customer authorizes and acknowledges that if payment in full is not received within ten (10) days after ABT has notified the Customer that the repairs are completed: (i) Rush may, in accordance with applicable state law, begin lien sale proceedings and sell the vehicle at public auction; and/or (ii) Rush may refer such account to its attorneys or a collection agency for collection.
NO CREDIT CARD CHARGEBACKS: As an ABT consumer, you agree to NOT, under any circumstances, initiate a credit card chargeback with respect to any charges.
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You further agree that if, in violation of this policy, a credit card chargeback is initiated by consumer, this policy shall be conclusive evidence of the consumer's (i) agreement to not initiate a credit card chargeback and (ii) waiver of any rights to initiate a credit card chargeback. Each consumer acknowledges and agrees that on ABT's presentation of this policy to the bank, credit card company, or other financial institution that issued the credit card on which the disputed charges were made, such bank, credit card company, or other financial institution shall deny any credit card chargeback and shall re-credit all amounts to the account of ABT.
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If a consumer initiates a credit card chargeback, such consumer, even if successful, shall remain liable for all purchases made, and/or payments for services at ABT and shall be responsible for all costs and expenses, including but not limited to, any attorneys' fees, court fees, storage fees, packaging and handling fees, transportation fees, and/or disposal fees, etc., incurred by or behalf of ABT in challenging the credit card chargeback. ABT will press all appropriate criminal charges against consumer with successful chargeback, including but not limited to theft by deception. Each consumer agrees that the agreement to not initiate a credit card chargeback is a condition to the acceptance to sell to consumer or complete repairs and is being made as an inducement for ABT to accept consumers form of payment.
Our Privacy Policy
Effective Date: 06-03-2020
This privacy notice discloses the privacy practices for www.ABauto7999.wixsite.com/TRANS. This privacy notice applies solely to information collected by this website. It will notify you of the following:
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What personally identifiable information is collected from you through the website, how it is used, and with whom it may be shared.
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What choices are available to you regarding the use of your data.
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How you would be informed about changes to this policy in the future.
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The security procedures in place to protect the misuse of your information.
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Information about the cookies that are used on this site.
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Third-Party Data Collection by our website.
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How you can correct any inaccuracies in the information.
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The information that you may willfully submit through this website is:
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Name
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Phone number
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Email address
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Vehicle Information
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We use this information that you voluntarily give us in order to:
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Schedule an appointment for your service
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Contact you, if need be, to reschedule an appointment
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Remind you of your appointment once it has been scheduled
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Thank you for leaving a review on our website
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Display your name along with the review that you leave on the website (optional)
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This information may be shared with:
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Our webmaster, in order to facilitate and accomplish the uses listed in the above list
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We will not sell or rent this information to any third parties
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You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the contact methods listed in (7):
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See what data we have about you, if any
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Change/correct any data we have about you
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Have us delete any data we have about you
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Express any concern you have about our use of your data
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We may change or update this privacy policy periodically in compliance with changing laws and regulations. It is the visitor's responsibility to read over this privacy policy to see if any changes or updates have been made since their last visit to the site.
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Security and privacy matter to us, and we know how important they are for you. We work continuously to ensure strong security, privacy protection, while making the website even more useful and efficient for you. We take all the reasonable steps to protect our users' information from loss, misuse and unauthorized access, disclosure, alteration and destruction. All information is being processed only in a way that is compatible with and relevant for the purpose for which it was collected or authorized by the individual.
We are committed to preventing others from unauthorized access to the personal information you provide to us, and we maintain industry standard procedures and technology designed for this purpose. When you submit sensitive information via the website, your information is protected both online and offline. -
Cookies - we use "cookies" on this site. The cookies that we use on this site allow us to store referring URL's and track which pages are visited on the site during a visit. This information, in some cases, may be linked to personally identifiable information.
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Third-Party Data Collection - we do not allow other companies to collect information on this site for their own use. This website uses a variety of third-party services (such as Google Analytics) to help provide information only to our system in terms to help us understand the use of our own services. The integration of social media sources (which can be considered as third-party sources) is in order to enhance the coherence of the web experience, but they cannot collect information unless and until the user willingly provides or has already provided access to it.
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You may contact us via email or telephone at (732)750-7999 or abauto7999@gmail.com.
If you feel that we are not abiding by this privacy policy, you should contact us immediately via telephone at (732)750-7999 or via email
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New Jersey recording law stipulates that it is a one-party consent state. In New Jersey, it is a criminal offense to use any device to record or share communications, whether they are oral or electronic, without the consent of at least one person taking part in the communication. This means that in New Jersey, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. It is also lawful to record electronic communications that are easily available to the public. N.J. Stat. Ann. § 2A:156A-4 (West 2012).
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Legal Addendum
AB Automotive Repair reserves the right to inspect all repairs due to failure prior to legal implication and ramification, such consumer, even if successful, shall remain liable for all purchases made, and/or payments for services at ABT and shall be responsible for all costs and expenses, including but not limited to, any attorneys' fees, court fees, storage fees, packaging and handling fees, transportation fees, and/or disposal fees, etc., incurred by or behalf of ABT in challenging. ABT will press all appropriate criminal charges against consumer with successful chargeback, including but not limited to theft by deception. Each consumer agrees that the agreement to not initiate a credit card chargeback is a condition to the acceptance to sell to consumer or complete repairs and is being made as an inducement for ABT to accept consumers form of payment. Any lawsuit or legal proceeding arising out of or relating to this Agreement in any way whatsoever shall be exclusively brought to and litigated in the federal and state courts of MIDDLESEX COUNTY, NEW JERSEY, while ABT is located within Middlesex County and shall be determined based on the County of wherever ABT is currently located. Each Party expressly consents and submits to this exclusive jurisdiction and exclusive venue. Each Party expressly waives the right to challenge this jurisdiction and/or venue as improper or inconvenient. Each Party consents to the dismissal of any lawsuit that they bring in any other jurisdiction or venue.
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