Free Professional Car Wash Maintenance Service Contract Template
Professional Car Wash Maintenance Service Contract
I. The Parties
This Professional Car Wash Maintenance Service Contract ("Contract") is made and entered into on [Month Day, Year] ("Effective Date") by and between [Your Company Name] hereinafter referred to as the ("Service Provider") with a primary place of business at [Your Company Address] and [Client's Name] hereinafter referred to as the ("Client") residing at [Client's Address]. The Service Provider and the Client may be referred to individually as a ("Party") or collectively as the ("Parties").
WHEREAS, the Service Provider is in the business of providing professional car wash and maintenance services;
WHEREAS, the Client owns a fleet of vehicles that require regular maintenance and cleaning;
WHEREAS, the Client desires to hire the Service Provider to perform such services under the terms and conditions set forth in this Contract;
NOW THEREFORE, in consideration of the promises and mutual covenants herein contained, the Parties hereto agree as follows:
II. Scope of Services
A. Description of Services
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Exterior Washing: The Service Provider will perform exterior washing of all vehicles in the Client's fleet. This includes removing dirt, grime, and other contaminants to ensure a clean and polished look.
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Interior Cleaning: Interior vacuuming and cleaning will be done for each vehicle, focusing on seats, floors, and dashboards to maintain a spotless and hygienic interior.
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Waxing and Polishing: Waxing and polishing services will be provided as specified in the attached schedule. This helps protect the vehicle's paint and enhance its shine.
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Glass Cleaning: The Service Provider will clean windows, mirrors, and other glass surfaces inside and outside the vehicles to ensure clear visibility and a pristine appearance.
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Regular Inspections: Regular inspections for dirt, grime, and other contaminants will be conducted to ensure vehicle cleanliness and address any issues promptly.
B. Frequency of Services
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Weekly Services: Services will be performed on a [weekly] basis unless otherwise agreed upon by both Parties. This regular schedule ensures that all vehicles are consistently clean and well-maintained.
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Special Event Cleaning: The Service Provider will provide additional cleaning during special events as requested by the Client. This ensures that the fleet is in top condition for important occasions.
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Schedule Adjustments: The Service Provider will notify the Client of any changes in the scheduled maintenance to ensure transparency and accommodate any necessary adjustments.
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Emergency Services: Emergency cleaning services will be provided within [24] hours of a request from the Client. This rapid response ensures that urgent cleaning needs are met promptly.
C. Quality Assurance
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Trained Staff: The Service Provider will employ trained and experienced staff for all cleaning services. This ensures that high standards of service are maintained consistently.
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Professional Products: All cleaning products used will be of professional grade and environmentally friendly. This commitment to quality and sustainability protects both the vehicles and the environment.
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Periodic Inspections: Periodic quality inspections will be conducted to maintain high standards of service. This proactive approach helps identify and resolve any issues early.
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Client Feedback: Client feedback will be solicited and used to improve service quality. This open line of communication ensures that the Client's expectations are met and exceeded.
III. Payment Terms
A. Payment Schedule
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Service Fees: The Client agrees to pay the Service Provider [$35] per vehicle per service. This fee covers all agreed-upon cleaning and maintenance services.
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Monthly Invoices: Invoices will be issued monthly and are due within [30] days of receipt. This regular billing cycle ensures timely payments and clear financial records.
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Late Fees: Late payments will incur a [5]% late fee for each month they remain unpaid. This penalty encourages prompt payment and helps manage cash flow.
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Payment Methods: Payments can be made via check, bank transfer, or credit card. This flexibility accommodates the Client's preferred payment method.
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Tax Exclusion: All fees are exclusive of applicable taxes, which will be added to the invoice. This clarity ensures that tax obligations are met accurately.
B. Adjustments and Refunds
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Fleet Changes: Adjustments to the number of vehicles in the fleet must be communicated at least [7] days in advance. This notice period allows for proper planning and service allocation.
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Service Fault Refunds: Refunds will be issued for services not rendered due to the fault of the Service Provider. This policy ensures accountability and Client satisfaction.
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Cancellation Refunds: In the event of service cancellation, any advance payments will be refunded on a prorated basis. This fairness ensures that the Client is not charged for unprovided services.
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Overpayment Credits: Overpayment of invoices will be credited to the Client's account for future services. This transparent approach helps manage financial transactions efficiently.
IV. Term and Termination
A. Duration
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Initial Term: This Contract shall commence on the Effective Date and continue for a period of [1] year. This defined term sets clear expectations for the duration of services.
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Automatic Renewal: The Contract will automatically renew for subsequent [one]-year terms unless either Party provides [30] days written notice of termination before the end of the current term. This automatic renewal ensures continuity of services.
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Term Review: Terms are subject to review and renegotiation upon renewal. This provision allows for adjustments based on changing needs and circumstances.
B. Termination for Cause
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Immediate Effect: Either Party may terminate this Contract with immediate effect if the other Party breaches any material term of this Contract and fails to remedy the breach within [10] days of receiving written notice. This ensures swift action to address significant issues.
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Documentation: Termination for cause requires detailed documentation of the breach and all efforts made to remedy the situation. This thorough approach ensures fairness and clarity.
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Outstanding Payments: Upon termination for cause, any outstanding payments for services rendered must be settled within [15] days. This ensures that all financial obligations are met promptly.
C. Effect of Termination
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Cessation of Services: Upon termination, the Service Provider will cease all services immediately unless otherwise agreed. This clear cutoff ensures that both Parties understand the end of service obligations.
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Payment Responsibility: The Client will be responsible for paying for all services rendered up to the date of termination. This ensures that the Service Provider is compensated for work completed.
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Property Return: Both Parties agree to return any property belonging to the other Party within [7] days of termination. This mutual responsibility ensures that all assets are returned promptly.
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Survival of Provisions: All provisions of this Contract that should by their nature survive termination will remain in effect. This ensures that essential terms continue to apply.
V. Responsibilities of the Service Provider
A. Personnel
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Skilled Employees: The Service Provider will employ skilled personnel who are trained in professional car wash and maintenance services. This ensures high-quality service delivery.
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Background Checks: Background checks will be conducted for all employees who will be working on the Client's vehicles. This measure ensures trust and safety.
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Uniforms and Badges: All personnel will wear appropriate uniforms and identification badges while on duty. This professional appearance enhances trust and security.
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Ongoing Training: Ongoing training will be provided to staff to maintain service quality. This continuous improvement ensures that employees are up-to-date with the latest techniques and standards.
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Adherence to Schedule: The Service Provider will ensure that all personnel adhere to the agreed maintenance schedule. This commitment to punctuality ensures reliable service.
B. Compliance
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Regulatory Compliance: The Service Provider will comply with all local, state, and federal regulations related to car wash and maintenance services. This adherence ensures legal operation.
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Product Safety: All cleaning products and chemicals used will meet EPA standards for safety and environmental impact. This commitment to safety protects both the environment and the vehicles.
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Regular Audits: Regular audits will be conducted to ensure compliance with regulatory requirements. This proactive approach helps maintain high standards.
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Permits and Licenses: The Service Provider will maintain all necessary permits and licenses to operate a professional car wash service. This ensures legal and compliant operations.
C. Equipment
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Provision of Equipment: The Service Provider will provide all necessary equipment and cleaning supplies required to perform the services. This ensures that the Client is not burdened with additional costs.
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Maintenance and Inspection: Regular maintenance and inspection of equipment will be conducted to ensure proper functioning. This proactive approach prevents breakdowns and service interruptions.
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Supply Reserves: Reserves of essential cleaning supplies will be maintained to prevent any disruption in service. This ensures continuous and reliable service.
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Prompt Repairs: Any equipment requiring repairs or replacement will be addressed promptly to avoid delays in service. This commitment ensures that services are not compromised.
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Technology and Eco-Friendly Products: State-of-the-art technology and eco-friendly products will be utilized wherever feasible. This ensures high-quality and sustainable services.
VI. Responsibilities of the Client
A. Access to Vehicles
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Scheduled Access: The Client will provide the Service Provider access to the fleet of vehicles during agreed hours for maintenance services. This ensures that the Service Provider can perform the services as scheduled.
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Special Instructions: Any special instructions or restrictions regarding vehicle access must be communicated in writing prior to service commencement. This clarity ensures that the Service Provider can accommodate specific requirements.
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Vehicle Availability: The Client will ensure that all vehicles are available as scheduled for maintenance and cleaning. This responsibility ensures that services can be performed without delay.
B. Payment
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Prompt Payment: The Client agrees to pay invoices promptly in accordance with the payment terms outlined in this Contract. This ensures timely compensation for the Service Provider.
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Dispute Resolution: Any discrepancies or disputes regarding invoiced amounts must be communicated within [10] days of invoice receipt. This provision ensures that issues are resolved quickly and fairly.
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Additional Costs: The Client is responsible for any additional costs incurred due to changes in the scope of services. This ensures that the Service Provider is compensated for extra work.
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Automatic Payment: The Client agrees to set up an automatic payment system if requested by the Service Provider. This simplifies the payment process and ensures timely payments.
VII. Insurance and Liability
A. Insurance Requirements
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General Liability Insurance: The Service Provider will maintain general liability insurance coverage of at least [$1,000,000] per occurrence. This insurance provides protection against potential liabilities.
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Workers' Compensation: The Service Provider will provide workers' compensation insurance for all employees in accordance with state laws. This ensures that employees are covered in case of work-related injuries.
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Additional Insured: The Client will be added as an additional insured on the Service Provider's general liability policy. This provides the Client with added protection.
B. Liability
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Service Provider's Responsibility: The Service Provider is responsible for any damage to the Client's vehicles caused by negligence or improper cleaning techniques. This ensures accountability for the quality of services.
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Pre-Existing Damage: The Client will not hold the Service Provider liable for any pre-existing damage to the vehicles. This clarity ensures that the Service Provider is not unfairly blamed for prior issues.
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Incident Notification: Both Parties agree to promptly notify each other of any incidents that may give rise to a claim under this Contract. This prompt communication ensures that issues are addressed swiftly.
VIII. Confidentiality
A. Confidential Information
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Confidentiality Agreement: Both Parties agree to keep all information related to this Contract confidential, including pricing and business practices. This ensures that sensitive information is protected.
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Non-Disclosure: Confidential information will not be disclosed to any third party without prior written consent from the other Party. This commitment ensures that information remains secure.
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Use of Information: Both Parties agree to use confidential information solely for the purposes of fulfilling their obligations under this Contract. This ensures that information is not misused.
B. Exceptions
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Public Information: Confidential information does not include information that is publicly available through no fault of either Party. This exception ensures that publicly known information is not restricted.
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Legal Requirements: Information required to be disclosed by law or court order is exempt from confidentiality obligations. This ensures compliance with legal requirements.
IX. Dispute Resolution
A. Mediation
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Initial Resolution: In the event of a dispute arising out of or in connection with this Contract, the Parties agree to first attempt to resolve the dispute through mediation. This step aims to resolve issues amicably.
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Neutral Mediator: The mediation will be conducted by a neutral third-party mediator jointly selected by the Parties. This ensures an unbiased resolution process.
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Costs: Each Party will bear its own costs associated with the mediation process. This fairness ensures that both Parties are equally responsible for mediation expenses.
B. Arbitration
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Binding Arbitration: If mediation fails to resolve the dispute, the Parties agree to submit the dispute to binding arbitration under the rules of the [American Arbitration Association]. This ensures a final and enforceable resolution.
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Single Arbitrator: The arbitration will be conducted by a single arbitrator with experience in commercial contracts. This expertise ensures a knowledgeable and fair decision.
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Final Decision: The arbitrator's decision will be final and binding on both Parties, and judgment on the award may be entered in any court of competent jurisdiction. This ensures that the resolution is enforceable.
X. Miscellaneous
A. Governing Law
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Applicable Law: This Contract shall be governed by and construed in accordance with the laws of the state of [State Name]. This ensures clarity on the legal framework governing the Contract.
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Jurisdiction: Any legal action arising out of this Contract must be filed in the courts located in [State Name]. This provision designates the appropriate legal venue.
B. Entire Agreement
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Superseding Prior Agreements: This Contract constitutes the entire agreement between the Parties and supersedes all prior negotiations, representations, or agreements, whether written or oral. This ensures that all terms are clearly stated in this document.
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Amendments: Any amendments to this Contract must be made in writing and signed by both Parties. This ensures that changes are formally agreed upon.
C. Severability
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Validity of Provisions: If any provision of this Contract is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect. This ensures that the Contract remains largely intact.
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Good Faith Negotiation: The Parties agree to negotiate in good faith to replace any invalid or unenforceable provision with a valid and enforceable provision that achieves as closely as possible the original intent of the Parties. This commitment ensures that the Contract remains functional and fair.
D. Waiver
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Non-Waiver of Rights: The failure of either Party to enforce any right or provision of this Contract will not be deemed a waiver of such right or provision. This ensures that rights are not forfeited through inaction.
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Written Waiver: Any waiver must be in writing and signed by the Party granting the waiver. This formal requirement ensures clarity and accountability.
E. Notices
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Written Notices: Any notices required or permitted under this Contract must be in writing and will be deemed given when delivered by hand, sent by registered or certified mail, return receipt requested, or by email with confirmation of receipt to the addresses specified in this Contract. This ensures clear and verifiable communication.
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Updated Contact Information: Each Party agrees to promptly notify the other Party of any changes to their contact information. This ensures that communication remains effective.
XI. Signatures
IN WITNESS WHEREOF, the Parties hereto have executed this Contract as of the Effective Date.
Service Provider
[Authorized Representative Name]
[Your Company Name]
Date: [Month Day, Year]
Client
[Client's Name]
Date: [Month Day, Year]