Vehicle Service Contract
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PREPARED FOR
[Customer Name]
PREPARED BY
[Company Name]
Vehicle Service Contract
This Vehicle Service contract (hereinafter referred to as the "Contract") is entered into as of [Contract Effective Date] (hereinafter referred to as the “Effective Date”),
By and Between
[Company Name] (hereinafter referred to as the “Company”), having its principal place of business at [Company Address], and;
[Customer Name] (hereinafter referred to as the “Customer”), residing at [Customer Address].
The Company and the Customer are collectively referred to as the "Parties" and individually as the "Party."
WHEREAS the Customer wants to avail themselves of the vehicle repair services from the Company;
AND WHEREAS the Company is willing to provide the aforementioned services to the Customer.
NOW, THEREFORE, in consideration of the foregoing covenants and promises, both Parties have agreed to enter into this Contract with the following terms and conditions:
TERMS AND CONDITIONS.
The following terms and conditions shall define and govern the relevant aspects of the Agreement:
3. INDEPENDENT CONTRACTOR.
It is agreed that the Company shall perform the specified services as an Independent Contractor, maintain an independent business, and use its tools or equipment.
4. AUTHORIZATION.
The Customer verifies that it has the legal rights to authorize repairs for the above vehicle through legal ownership, lease rights, or written authorization from the owner. The Customer authorizes the Company to proceed with the repairs required and listed in this Contract, including any necessary on-road vehicle testing.
5. REPAIR PROCESS.
The Company follows the following process to repair the vehicle:
(a) Analysis of the Vehicle. When the vehicle is delivered to the company for repairs, technicians inspect it and prepare a report detailing all necessary repairs. This list also includes the costs incurred in connection with the respective repairs. This report must be delivered to the Customer before signing this Contract, and the Customer certifies that it has received the list, which includes a description of the repairs required and their respective costs.
(b) Additional Damages. During the repair process, additional faults or damages may be uncovered. In that case, the Company will halt its repairs and deliver a written notification of the required repairs to the Customer. The Company won't conduct any other repairs outside of those described herein unless written consent from the Customer has been obtained.
(c) Insurer Estimate. If the Customer files an insurance claim for repairs performed, the Company will submit an insurance estimate to the Insurer. This estimate will be used by the Insurer to validate the insurance claim.
6. COMMUNICATION WITH THE INSURER.
The Customer acknowledges that the Company has no relationship or obligation to any Insurer and is not obliged to communicate with them. The Company is obligated only to serve the Customer and to conduct safe, complete, and timely repairs.
7. NON-OEM PARTS.
The Customer acknowledges that if any repairs are made by using Non-Original Equipment Manufacturer (OEM) parts and not by using the vehicle's manufacturer (commonly known as aftermarket parts), it may lead to the following:
(a) Lease or Finance Violation. Some lease and finance contracts do not permit the usage of aftermarket parts and require the purchaser to use only original manufacturer parts (“OEM Parts”) for any repairs. Using aftermarket parts for such repairs may violate these contracts.
(b) Decrease in Value. Repairs made using aftermarket parts may lead to the depreciation of the vehicle.
(c) Manufacturer Warranty. Some vehicle manufacturers require that only OEM parts be used for repairs to keep the warranty valid. Using aftermarket parts may void the vehicle's warranty.
In consideration of the above risks, the Company shall not use any non-OEM parts for repairs unless the Customer has approved them. It is advisable for the Customer to consider the aforementioned risks when selecting parts for necessary repairs.
While the Customer has the right to elect which parts to use for the repairs, the Company also reserves the right to evaluate the consequences of their use and refuse to make repairs with those parts if they are considered inadequate or unsafe.
8. LABOR WARRANTY.
The Company shall provide the Customer with a limited warranty for repairs performed under this Contract. This warranty shall remain in effect for [Warranty Tenure] year(s) following the completion of all the aforementioned repairs. During the warranty period, the Company shall correct any defects arising from repairs performed under this Contract at its sole expense. This warranty covers only the cost of labor and does not extend to any parts used in repairs.
9. ARBITRATION.
In the event of any dispute arising in and out of this Contract between the Parties, it shall be resolved by arbitration. There shall be [Number of Arbitrators] arbitrator(s) who shall be appointed by [Arbitration Appointing Party Name]. The venue of arbitration shall be [Location of Arbitration], and the Seat shall be [State of Seat]. The arbitrator(s)' decision shall be final and binding on both Parties.
10. SEVERABILITY.
In the event any provision of this Contract is deemed to be invalid or unenforceable, in whole or in part, that part shall be severed from the remainder of this Contract, and all other provisions shall remain in full force and effect as valid and enforceable.
11. NOTICES.
Any notices required or permitted by this Contract shall be in writing and delivered by certified mail or courier to the above-mentioned address.
12. GOVERNING LAW.
The Parties agree that this Contract shall be governed by the laws of [Governing Law]. If the disputes arising under this agreement cannot be resolved through arbitration, they shall be resolved by litigation in the courts of [Jurisdiction].
13. ENTIRE AGREEMENT.
The Parties acknowledge that this Contract sets forth and represents the entire contract between both Parties. If the Parties are willing to change/add/modify any terms, they shall be in writing and signed by both Parties.
ACCEPTANCE AND SIGNATURE.
IN WITNESS WHEREOF, the Parties agree to the terms and conditions set forth above as demonstrated by their signatures as follows:
[Customer Name]
[Company Name]
Name:
Name:
Signature:
Signature:
Date:
Date:
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