Car Rental Maintenance Agreement
Car Rental Maintenance Agreement
This Car Rental Maintenance Agreement ("Agreement") is made and entered into as of this [Date] by and between [Your Company Name], located at [Your Company Address], City of [City], State of [State], ZIP Code [ZIP Code], contact number [Your Company Number], and email [Your Company Email] (hereinafter referred to as the "Company"), and [Maintenance Provider Name], located at [Maintenance Provider Address], City of [City], State of [State], ZIP Code [ZIP Code], contact number [Maintenance Provider Number], and email [Provider Email] (hereinafter referred to as the "Contractor").
WHEREAS, the Company is engaged in the business of renting vehicles and requires regular maintenance services to ensure the vehicles are in good working condition; and
WHEREAS, the Contractor is in the business of providing vehicle maintenance services and has agreed to provide such services to the Company under the terms and conditions set forth herein;
NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereto agree as follows:
1. Services Provided
1.1 The Contractor agrees to provide comprehensive maintenance services for the Company's fleet of vehicles, including but not limited to:
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Regular inspections and diagnostic services.
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Oil changes, fluid checks, and refills.
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Tire rotations, alignments, and replacements.
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Brake inspections, repairs, and replacements.
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Engine and transmission repairs and maintenance.
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Electrical system diagnostics and repairs.
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Routine cleaning and detailing services.
1.2 All services shall be performed in a professional and timely manner, using high-quality parts and materials that meet or exceed manufacturer specifications.
2. Term
2.1 This Agreement shall commence on [Start Date] and shall continue for a period of [Initial Term Length] years, unless terminated earlier in accordance with the provisions of this Agreement.
2.2 Upon the expiration of the initial term, this Agreement shall automatically renew for successive one-year terms unless either party provides written notice of non-renewal at least 60 days prior to the end of the then-current term.
3. Compensation
3.1 The Company agrees to pay the Contractor for the maintenance services provided under this Agreement in accordance with the following fee schedule:
|
Service Description |
Unit Price |
Frequency |
Total Cost |
|---|---|---|---|
|
Regular Inspection |
$100 |
Monthly |
$1,200 |
|
Oil Change |
$50 |
Every 3,000 miles |
$600 |
|
Tire Rotation |
$40 |
Every 6,000 miles |
$160 |
|
Brake Inspection and Repair |
$150 |
As needed |
$1,800 |
|
Engine Diagnostics |
$200 |
As needed |
$2,400 |
|
Routine Cleaning and Detailing |
$75 |
Monthly |
$900 |
3.2 The Contractor shall invoice the Company on a monthly basis for all services provided during the previous month. Payment shall be due within 30 days of the invoice date.
3.3 The Company shall reimburse the Contractor for any out-of-pocket expenses incurred in the performance of the services, provided that such expenses have been approved in advance by the Company.
4. Duties of the Company
4.1 The Company agrees to provide the Contractor with access to its vehicles and any necessary facilities and equipment to perform the maintenance services.
4.2 The Company shall ensure that its vehicles are available for maintenance according to the agreed-upon schedule and shall promptly notify the Contractor of any changes or delays.
4.3 The Company shall designate a representative who shall be responsible for coordinating with the Contractor and approving any additional services or expenses.
5. Warranties and Representations
5.1 The Contractor represents and warrants that it has the necessary skills, experience, and resources to perform the maintenance services in accordance with the highest industry standards.
5.2 The Contractor warrants that all parts and materials used in the performance of the services shall be free from defects and shall be covered by the manufacturer's warranty.
5.3 The Company represents and warrants that it has the right to authorize the Contractor to perform maintenance on its vehicles and that all necessary approvals and consents have been obtained.
6. Insurance
6.1 The Contractor agrees to maintain at its own expense the following insurance coverage during the term of this Agreement:
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General liability insurance with a minimum coverage of $[Amount] per occurrence and $[Amount] in the aggregate.
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Automobile liability insurance with a minimum coverage of $[Amount] per occurrence.
-
Workers' compensation insurance as required by law.
6.2 The Contractor shall provide the Company with certificates of insurance evidencing the above coverage and shall notify the Company of any changes or cancellations.
7. Indemnification
7.1 The Contractor agrees to indemnify, defend, and hold harmless the Company, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with the Contractor’s performance of the services under this Agreement.
7.2 The Company agrees to indemnify, defend, and hold harmless the Contractor, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with the Company's use of the services provided under this Agreement.
8. Confidentiality
8.1 Both parties agree to keep confidential and not to disclose to any third party any confidential or proprietary information disclosed by the other party in connection with this Agreement. This obligation of confidentiality shall survive the termination or expiration of this Agreement.
8.2 Confidential information shall not include information that is publicly known or becomes publicly known through no fault of the receiving party, is disclosed to the receiving party by a third party without breach of any confidentiality obligation, or is independently developed by the receiving party without use of or reference to the disclosing party’s confidential information.
9. Termination
9.1 Either party may terminate this Agreement for convenience by providing 60 days’ written notice to the other party.
9.2 Either party may terminate this Agreement for cause if the other party breaches any material provision of this Agreement and fails to cure such breach within 30 days of receiving written notice thereof.
9.3 Upon termination of this Agreement, the Company shall pay the Contractor for all services rendered and expenses incurred up to the date of termination.
10. Force Majeure
Neither party shall be liable for any failure to perform any obligation under this Agreement due to events beyond their control, including but not limited to acts of God, war, natural disasters, strikes, and governmental actions. The affected party shall notify the other party as soon as practicable of any event of force majeure and shall use reasonable efforts to resume performance as soon as possible.
11. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of [State], without regard to its conflict of laws principles. Any disputes arising under or related to this Agreement shall be subject to the jurisdiction of the courts in [City, State].
12. Dispute Resolution
12.1 Any disputes arising out of or in connection with this Agreement shall be resolved through good faith negotiations between the parties. Both parties agree to attempt to resolve any disputes amicably and expeditiously.
12.2 If the parties are unable to resolve the dispute through negotiation, the dispute shall be submitted to mediation in [City, State]. The parties agree to select a mediator mutually acceptable to both parties and to participate in the mediation process in good faith.
12.3 If mediation fails, the dispute shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association. The decision of the arbitrator shall be final and binding on both parties, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
13. Entire Agreement
This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations, understandings, and agreements, whether written or oral, between the parties with respect to its subject matter. Any amendments or modifications to this Agreement must be in writing and signed by both parties.
14. Amendments
No amendment, modification, or waiver of any provision of this Agreement shall be effective unless in writing and signed by both parties. Any such amendment, modification, or waiver shall be binding on the parties and their respective successors and assigns.
15. Severability
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The parties agree to negotiate in good faith to replace any invalid or unenforceable provision with a valid and enforceable provision that achieves the original intent of the parties.
16. Notices
All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered when delivered in person, sent by facsimile, sent by certified mail, return receipt requested, or delivered by a nationally recognized overnight delivery service to the addresses set forth above. Notices sent by certified mail or overnight delivery service shall be deemed delivered upon receipt.
17. Counterparts
This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same document. Faxed or electronically transmitted signatures shall be deemed valid and binding for all purposes.
18. Assignment
The Contractor may not assign or transfer their rights or obligations under this Agreement without the prior written consent of the Company. Any attempted assignment or transfer in violation of this provision shall be null and void.
19. Force Majeure
Neither party shall be liable for any failure to perform any obligation under this Agreement due to events beyond their control, including but not limited to acts of God, war, natural disasters, strikes, and governmental actions. The affected party shall notify the other party as soon as practicable of any event of force majeure and shall use reasonable efforts to resume performance as soon as possible.
20. Headings
The headings in this Agreement are for reference purposes only and shall not affect the interpretation of this Agreement. The use of headings is solely for the convenience of the parties and shall not be used to interpret or construe any provision of this Agreement.
21. Confidentiality
21.1 Both parties agree to keep confidential and not to disclose to any third party any confidential or proprietary information disclosed by the other party in connection with this Agreement. This obligation of confidentiality shall survive the termination or expiration of this Agreement.
21.2 Confidential information shall not include information that is publicly known or becomes publicly known through no fault of the receiving party, is disclosed to the receiving party by a third party without breach of any confidentiality obligation, or is independently developed by the receiving party without use of or reference to the disclosing party’s confidential information.
22. Indemnification
22.1 The Contractor agrees to indemnify, defend, and hold harmless the Company, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with the Contractor’s performance of the services under this Agreement.
22.2 The Company agrees to indemnify, defend, and hold harmless the Contractor, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with the Company's use of the services provided under this Agreement.
23. Waiver
The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement. Any waiver of a provision of this Agreement must be in writing and signed by the party granting the waiver.
24. Further Assurances
Each party agrees to execute and deliver such further documents and take such further actions as may be reasonably necessary to carry out the intent and purposes of this Agreement.
25. Survival
The provisions of this Agreement that by their nature are intended to survive the termination or expiration of this Agreement, including but not limited to provisions regarding confidentiality, indemnification, and governing law, shall survive the termination or expiration of this Agreement.
26. Representation by Counsel
Each party acknowledges that it has had the opportunity to consult with legal counsel of its choice regarding this Agreement and that it has either done so or voluntarily chosen not to do so. Each party further acknowledges that it has read and understood this Agreement and agrees to be bound by its terms and conditions.
27. Binding Effect
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns, heirs, and legal representatives.
28. Third-Party Beneficiaries
This Agreement is intended for the sole benefit of the parties hereto and their respective successors and assigns, and nothing herein is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.
29. Signatures
IN WITNESS WHEREOF, the parties hereto have executed this Car Rental Maintenance Agreement as of the day and year first above written.
Company:
[Your Name]
[Your Position]
[Your Company Name]
Contractor:
[Contractor's Name]
[Contractor's Position]
[Maintenance Provider Company Name]
