Car Wash Equipment Maintenance Contract

This Car Wash Equipment Maintenance Contract ("Contract") is made and entered into on [Month Day, Year], by and between:

[Your Company Name]

[Your Company Address]

[Your Company Number]

[Your Company Email]

(Hereinafter referred to as “Company”)

and

[Maintenance Service Provider’s Name]

[Maintenance Service Provider’s Address]

[Maintenance Service Provider’s Number]

[Maintenance Service Provider’s Email]

(Hereinafter referred to as “Service Provider”)

WHEREAS, Company is engaged in the business of operating a car wash facility and requires regular maintenance services for its car wash equipment to ensure optimal performance, safety, and longevity; and

WHEREAS, Service Provider is a qualified maintenance service provider with the expertise, technical knowledge, and experience to perform the required maintenance and repair services;

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows:

1. Scope of Services

1.1 Services Provided

The Service Provider agrees to perform the following services to ensure the proper functioning and maintenance of the car wash equipment:

Preventive Maintenance:

• Routine Inspections: Conduct scheduled inspections of car wash equipment including, but not limited to, conveyor systems, high-pressure washers, air dryers, and water reclaim systems. Inspections will include a thorough examination of mechanical components, electrical systems, and hydraulic systems.

• Servicing: Perform routine servicing tasks such as lubrication of moving parts, adjustment of mechanical settings, and replacement of worn-out components. This includes cleaning equipment components, replacing filters, and ensuring proper alignment of parts.

• Documentation: Maintain detailed records of all inspections, services performed, and parts replaced, and provide this documentation to the Company on a monthly basis.

Corrective Maintenance:

• Diagnosis and Repair: Identify and diagnose issues with car wash equipment as they arise. Perform necessary repairs including the replacement of defective parts, fixing leaks, and addressing electrical or hydraulic failures.

• Restoration: Ensure that all repaired equipment is restored to its optimal operational condition, meeting or exceeding the manufacturer’s specifications.

Emergency Repairs:

Availability: Provide emergency repair services for equipment breakdowns that disrupt the normal operation of the car wash facility. Emergency repairs will be performed within [0] hours of the Company’s notification.

Response Time: Prioritize emergency repair requests to minimize downtime and operational impact on the car wash facility.

Parts Replacement:

• Supply and Installation: Supply and install all necessary parts for the car wash equipment as required. All parts used will be of OEM (Original Equipment Manufacturer) quality or equivalent.

• Part Verification: Ensure that all parts are verified for compatibility with the existing equipment and that they meet all relevant safety and quality standards.

1.2 Exclusions

The following services and conditions are excluded from this Contract:

• Misuse or Negligence: Repairs or maintenance resulting from misuse or negligence by Company or its employees. This includes damage caused by improper operation or failure to follow manufacturer guidelines.

• Accidental Damage or Vandalism: Replacement of parts or repairs required due to accidental damage, vandalism, or other external factors beyond normal wear and tear.

• Upgrades and Modifications: Upgrades or modifications to equipment that go beyond standard maintenance procedures. This includes significant changes to equipment functionality or capacity.

2. Term of Contract

2.1 Contract Duration

This Contract shall commence on [Start Date] and shall continue for a period of [0] years unless terminated earlier in accordance with the provisions of this Contract.

2.2 Renewal

This Contract may be renewed for additional terms upon mutual written agreement of both parties. Renewal terms will be based on a review of the Service Provider’s performance and any necessary adjustments to the scope of services, fees, or other contractual terms. The renewal process shall include:

• Review Meeting: A review meeting to assess the performance of the Service Provider, discuss any issues encountered, and determine the terms for renewal.

• Written Agreement: A written agreement signed by both parties to formalize the renewal of the Contract, including any changes to the scope of services or fees.

3. Compensation

3.1 Payment Terms

Company agrees to pay the Service Provider as follows:

• Monthly Maintenance Fee: $[0] per month for the routine preventive maintenance and corrective services as outlined in Section 1.1. The fee is payable on the [Day] of each month for the duration of the Contract.

• Emergency Repair Fees: $[0] per hour for emergency repair services. This rate covers labor costs but excludes the cost of parts, which will be billed separately based on actual expenses incurred.

3.2 Invoicing

• Monthly Invoices: The Service Provider shall submit invoices to Company on a monthly basis for the monthly maintenance fee. Invoices must be accompanied by a detailed statement of services performed, including dates, tasks completed, and any parts replaced.

• Emergency Repairs: For emergency repairs, the Service Provider shall provide a detailed invoice on a per-incident basis, including a breakdown of labor hours, parts used, and any other charges incurred.

3.3 Payment Schedule

Invoice Payment: Payment shall be made within [0] days of receipt of a valid invoice. Late payments will incur interest at a rate of [0]% per month or the maximum rate allowed by law, whichever is less.

4. Responsibilities of the Parties

4.1 Responsibilities of the Service Provider

• Professional Conduct: Perform all maintenance and repair services in a professional and timely manner, adhering to industry best practices and safety standards.

• Quality Assurance: Use only high-quality parts and materials for repairs and replacements. All parts must be new, not refurbished or used, unless otherwise agreed upon.

• Reporting: Provide Company with a detailed report of all services performed, including a description of issues encountered, repairs made, and any recommendations for further action.

• Compliance: Ensure compliance with all applicable federal, state, and local regulations, including environmental regulations related to the disposal of hazardous materials and waste.

4.2 Responsibilities of the Company

• Access and Facilities: Provide Service Provider with unrestricted access to the car wash equipment, maintenance areas, and any necessary facilities for performing maintenance and repairs.

• Notification: Notify Service Provider of any equipment malfunctions, maintenance needs, or emergencies in a timely manner to ensure prompt attention and resolution.

• Payment: Pay for services as outlined in Section 3, including prompt payment of invoices and any additional costs incurred for emergency repairs or parts.

5. Insurance and Liability

5.1 Insurance

Service Provider shall maintain at its own expense the following insurance coverage:

General Liability Insurance: Coverage of at least $[Amount] per occurrence for damages arising from Service Provider’s negligence, with a total aggregate limit of $[0].

Workers' Compensation Insurance: Coverage as required by state law for employees performing work under this Contract, including coverage for injuries sustained in the course of their duties.

5.2 Liability

• Damage Liability: Service Provider shall be liable for any damage to Company’s property or equipment caused by Service Provider’s negligence during the performance of services under this Contract.

• Indemnification: Service Provider agrees to indemnify and hold harmless Company from any claims, liabilities, or expenses arising from Service Provider’s performance of services under this Contract.

6. Termination

6.1 Termination for Convenience

• Notice Period: Either party may terminate this Contract for any reason by providing [0] days’ written notice to the other party.

• Termination Process: The terminating party must provide written notice specifying the effective date of termination and any outstanding obligations.

6.2 Termination for Cause

This Contract may be terminated immediately by either party in the event of:

• Material Breach: A material breach of the Contract by the other party, including failure to perform contractual obligations or violation of contract terms.

• Non-performance: Failure of the Service Provider to perform services to the standards specified in this Contract, including repeated failure to meet performance requirements.

6.3 Effects of Termination

• Final Payment: Upon termination, Company shall pay Service Provider for all services performed up to the date of termination, including any outstanding invoices.

• Return of Property: Service Provider shall return any property belonging to Company and provide a final report detailing all work performed, including outstanding issues or recommendations.

7. Confidentiality

7.1 Confidential Information

Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of this Contract. Confidential information includes, but is not limited to, trade secrets, business plans, and financial information.

7.2 Disclosure

Confidential information may only be disclosed to employees, agents, or contractors who have a need to know such information for the performance of their duties under this Contract and who are bound by confidentiality obligations.

7.3 Non-disclosure Agreement

Both parties agree to sign a non-disclosure agreement to protect confidential information. This agreement will detail the terms of confidentiality, including obligations of both parties and the duration of confidentiality requirements.

8. Dispute Resolution

8.1 Mediation

• Procedure: In the event of a dispute arising from this Contract, the parties agree to first seek resolution through mediation. Mediation shall be conducted by a mutually agreed-upon mediator with experience in contract disputes.

• Costs: The costs of mediation will be shared equally by both parties.

8.2 Arbitration

• Procedure: If mediation fails, the parties agree to submit the dispute to binding arbitration conducted in [City, State] in accordance with the rules of the American Arbitration Association.

• Arbitrator: An impartial arbitrator with experience in commercial contracts will be selected to resolve the dispute.

9. Governing Law

This Contract shall be governed by and construed in accordance with the laws of the State of [State], without regard to its conflict of laws principles. The parties agree that any legal action or proceeding arising from this Contract shall be brought in the courts of [City, State].

10. Miscellaneous

10.1 Entire Agreement

• Comprehensive Agreement: This Contract constitutes the entire agreement between the parties and supersedes all prior negotiations, representations, or agreements, whether written or oral, related to the subject matter of this Contract.

10.2 Amendments

• Written Amendments: Any amendments to this Contract must be made in writing and signed by authorized representatives of both parties. Amendments will be attached as addendums to this Contract and will become part of the agreement.

10.3 Notices

• Delivery of Notices: All notices under this Contract must be in writing and delivered to the addresses specified above. Notices may be delivered by hand, mail, or electronic means and will be deemed effective upon receipt.

10.4 Force Majeure

• Excused Performance: Neither party shall be liable for failure to perform any obligation under this Contract if such failure is due to a force majeure event. Force majeure events include natural disasters, acts of terrorism, war, or other events beyond the reasonable control of the parties.

10.5 Independent Contractors

• Relationship: The Service Provider is an independent contractor and not an employee, agent, or partner of the Company. Nothing in this Contract shall create a partnership, joint venture, or employer-employee relationship.

10.6 Severability

• Validity of Terms: If any provision of this Contract is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.

IN WITNESS WHEREOF, the parties hereto have executed this Car Wash Equipment Maintenance Contract as of the date first written above.

[Your Company Name]

By:

[Your Name]

[Title]

[Maintenance Service Provider’s Name]

By:

[Full Name]

[Title]

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