Auto Shop Service Agreement

AUTO SHOP SERVICE AGREEMENT

This Auto Shop Service Agreement (the Agreement) is made on this day: of , between Service Provider: located at and Client: located at .

WHEREAS

WHEREAS, Service Provider operates an automobile repair and maintenance facility and possesses the skill, equipment and facilities necessary to perform diagnosis, repair, maintenance and related services for motor vehicles; and

WHEREAS, Client is the registered owner or authorized agent of the vehicle described below and desires to engage Service Provider to perform the services described herein under the terms and conditions set forth in this Agreement; and

WHEREAS, Service Provider agrees to provide such services upon the terms set forth in this Agreement.

VEHICLE INFORMATION

SCOPE OF WORK

Service Provider shall perform the services described in the Scope of Work below. The Scope of Work may include diagnosis, labor, parts replacement, inspections, and other tasks as agreed in writing. Client authorizes Service Provider to perform the work described, subject to the terms and limitations in this Agreement.

PARTS, AUTHORIZATION AND ESTIMATES

Client authorizes Service Provider to obtain parts and materials as necessary to complete the Scope of Work. Service Provider will use new, remanufactured or used parts as identified in the work order and will obtain Client's approval for parts or services that will increase the estimated cost beyond the approved estimate unless the Client has provided standing authorization below.

I authorize Service Provider to proceed with repairs and parts purchases up to the amount stated above without further notice.

PAYMENT TERMS

Client shall pay Service Provider the amounts specified in the estimate and any approved change orders. Payment is due in accordance with the schedule below. Service Provider may retain possession of the vehicle until payment in full is received, subject to the statutory shop lien described in this Agreement.

TERM AND TERMINATION

The term of this Agreement begins on and continues until completion of the services or on , whichever occurs first, unless earlier terminated as provided herein.

WARRANTY

Service Provider warrants labor performed by Service Provider to be free from defects for the period stated below from the date of completion. Warranties on parts are limited to the applicable manufacturer's warranty unless otherwise stated in writing. Warranty work does not extend the warranty period unless expressly agreed in writing.

LIABILITY, INDEMNIFICATION AND DISCLAIMER

Except as expressly provided in this Agreement, Service Provider disclaims all other warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose. Client acknowledges that Service Provider's liability for any claim arising from or related to the services, whether in contract, tort (including negligence), statute, or otherwise, is limited to direct damages and shall not exceed the total amounts actually paid by Client to Service Provider under this Agreement for the specific service giving rise to the claim. Neither party shall be liable for consequential, incidental, punitive or special damages.

Client shall indemnify, defend and hold Service Provider harmless from and against all claims, damages, losses and expenses (including reasonable attorneys' fees) arising out of: (a) Client's ownership, operation or use of the vehicle outside the scope of work; (b) pre-existing conditions of the vehicle not disclosed to Service Provider; and (c) Client's failure to timely pay amounts due under this Agreement.

STORAGE, ABANDONED VEHICLE AND LIEN

If Client fails to pick up the vehicle within the agreed completion timeframe, Service Provider may charge storage at the rate specified below. If charges for repairs, storage or other obligations are not paid within the time permitted by statute, Service Provider may exercise a mechanic's or garage lien against the vehicle and may sell the vehicle in accordance with applicable law.

CHANGE ORDERS

Any changes to the Scope of Work, parts, or materials must be documented in a written change order signed by both parties. The change order will specify any additional charges and any adjustments to the completion timeline.

CONFIDENTIALITY

Each party shall keep confidential all non-public business, technical and financial information disclosed by the other party in connection with this Agreement. Confidential information does not include information that is or becomes publicly available other than by breach of this Agreement, independently developed by the receiving party without reliance on the disclosing party's confidential information, or rightfully obtained from a third party without restriction. The receiving party may only use confidential information for purposes of performing obligations under this Agreement and shall protect it with the same degree of care it uses to protect its own confidential information, but in no event less than reasonable care.

INSURANCE

Client represents that the vehicle is insured. Client shall provide proof of insurance upon request. Service Provider maintains general liability and garagekeeper's insurance as required by law, but Client is responsible for any deductibles or uninsured losses unless caused by Service Provider's gross negligence.

GOVERNING LAW; DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with the laws of the state identified below without regard to its conflicts of law rules. Any dispute arising out of or relating to this Agreement shall be resolved first by negotiation between the parties and, if unresolved, by mediation. If mediation does not resolve the dispute, either party may pursue available legal remedies in the state and federal courts located in the county specified below.

ENTIRE AGREEMENT

This Agreement, together with any attached estimates and signed change orders, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written. No amendment or modification of this Agreement will be effective unless in writing and signed by both parties.

ADDITIONAL ACKNOWLEDGMENTS

Client acknowledges receipt of the estimate and understands that actual costs may vary if additional defects are discovered. Client authorizes Service Provider to perform diagnostic services and to notify Client of any conditions requiring further consent prior to repair unless standing authorization is provided above.

Client acknowledges that they have read and understand the estimate and terms of this Agreement.

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