Terms and Conditions

Welcome to Gierach’s Towing and Service (“Company,” “we,” “our,” or “us”). By accessing, browsing, or using our website and services, you (“Customer,” “you,” or “your”) agree to comply with and be bound by the following Terms and Conditions (“Terms”). These Terms govern your use of our website, services, and any related offerings provided by Gierach’s Towing and Service.

Please read these Terms carefully before using our services. If you do not agree with these Terms, you must discontinue use of our website and services immediately.

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1. Acceptance of Terms

By accessing our website or requesting towing, roadside assistance, repair, or related services, you acknowledge that you have read, understood, and agreed to be legally bound by these Terms. These Terms form a binding contract between you and Gierach’s Towing and Service.

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2. Services Provided

Gierach’s Towing and Service provides a variety of professional services, including but not limited to:

• Local and long-distance towing
• Emergency roadside assistance
• Vehicle recovery services
• Jump-starts, lockouts, fuel delivery, and tire changes
• Vehicle storage (where applicable)
• General auto repair and related mechanical services

We reserve the right to modify, expand, or discontinue any of our services at any time without prior notice.

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3. Eligibility to Use Services

To use our services, you must:

• Be at least 18 years of age.
• Possess the legal authority to enter into binding contracts.
• Provide accurate and up-to-date personal and payment information.
• Comply with all applicable laws and regulations in your jurisdiction.

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4. Service Requests and Response Time

When you request towing or roadside assistance:

• We will make every reasonable effort to respond quickly, but we cannot guarantee exact arrival times due to traffic, weather, or unforeseen circumstances.
• Delays caused by conditions beyond our control do not constitute a breach of these Terms.
• It is your responsibility to provide accurate information regarding your location, vehicle type, and service needs.

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5. Pricing, Fees, and Payments

• Prices for services will be provided at the time of request or in advance if applicable.
• All fees are due upon completion of service unless otherwise agreed in writing.
• We accept multiple payment methods, including cash, credit/debit cards, or other approved payment options.
• Any unpaid balance may be subject to late fees, collection costs, and legal action.

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6. Cancellations and Refunds

• If you cancel a service request after a driver has been dispatched, a cancellation fee may apply.
• Refunds will only be issued in cases where payment has been made in error or if services were not provided due to circumstances directly under our control.
• All refund requests must be submitted within 7 business days of the original service date.

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7. Vehicle Storage and Release Policy

If your vehicle is towed to or stored at one of our facilities:

• Storage fees will apply on a daily basis, beginning at the time of vehicle drop-off.
• Vehicles will only be released upon payment of all outstanding fees, proof of ownership, and valid identification.
• We reserve the right to retain vehicles until all charges are paid in full, in accordance with applicable lien laws.

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8. Customer Responsibilities

By using our services, you agree to:

• Provide accurate information about your vehicle and situation.
• Ensure that you or an authorized representative are present when the vehicle is serviced or towed (unless otherwise agreed).
• Refrain from abusive, threatening, or unlawful behavior toward our staff or contractors.
• Accept that vehicles left unclaimed or unpaid for may be subject to storage lien laws, repossession, or disposal.

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9. Limitation of Liability

While Gierach’s Towing and Service exercises reasonable care and professionalism in all services, you acknowledge and agree that:

• We are not liable for delays caused by traffic, weather, mechanical failures, or other events outside our control.
• We are not responsible for damage to vehicles resulting from pre-existing conditions, mechanical issues, or hazardous circumstances during towing or roadside assistance.
• Personal belongings left inside vehicles are your responsibility. We are not liable for loss, theft, or damage to personal property.
• Our maximum liability for any claim shall not exceed the total amount paid for the service in question.

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10. Indemnification

You agree to indemnify, defend, and hold harmless Gierach’s Towing and Service, its employees, agents, contractors, and affiliates from any claims, damages, liabilities, or expenses arising out of:

• Your misuse of our services.
• Your breach of these Terms.
• Your violation of applicable laws or third-party rights.

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11. Use of Website

By accessing our website:

• You agree not to use the website for unlawful purposes.
• You may not attempt to hack, damage, or interfere with the website’s functionality.
• All content, including text, logos, images, and service descriptions, is the property of Gierach’s Towing and Service and may not be reproduced without written permission.

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12. Intellectual Property Rights

All intellectual property rights related to our website, brand, and services—including trademarks, logos, designs, and service names—are owned exclusively by Gierach’s Towing and Service. Unauthorized use of our intellectual property is strictly prohibited.

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13. Third-Party Services

Our website or services may include links or references to third-party services, tools, or resources. These are provided for convenience only, and we are not responsible for the availability, accuracy, or safety of third-party content.

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14. Privacy Policy

Your use of our services is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. By agreeing to these Terms, you also consent to the terms of our Privacy Policy.

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15. Termination of Services

We reserve the right to refuse, suspend, or terminate services at our sole discretion if:

• You engage in abusive, fraudulent, or unlawful behavior.
• You fail to pay outstanding balances.
• You breach these Terms.

Termination does not waive our right to recover any unpaid fees or damages.

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16. Disclaimer of Warranties

Our services are provided “as is” and “as available.” Gierach’s Towing and Service disclaims all warranties, express or implied, including but not limited to:

• Fitness for a particular purpose.
• Uninterrupted service availability.
• Accuracy or reliability of information provided on our website.

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17. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the state in which Gierach’s Towing and Service operates. Any disputes shall be resolved exclusively in the appropriate courts of that jurisdiction.

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18. Dispute Resolution

• In the event of a dispute, both parties agree to first attempt to resolve the issue through informal negotiations.
• If unresolved, disputes may be submitted to mediation or arbitration, unless prohibited by applicable law.
• Nothing in this section limits either party’s right to pursue claims in small claims court.

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19. Modifications to Terms

We reserve the right to update or modify these Terms at any time without prior notice. Updates will be posted on our website with a revised “Last Updated” date. Continued use of our services after changes constitutes acceptance of the new Terms.

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20. Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.

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21. Entire Agreement

These Terms, along with our Privacy Policy, represent the entire agreement between you and Gierach’s Towing and Service and supersede all prior communications, agreements, or understandings.