Bodyshop Service Agreement

BODYSHOP SERVICE AGREEMENT

This Bodyshop Service Agreement ("Agreement") is entered into by and between Service Provider Name: and Client Name: with an effective date of .

WHEREAS

WHEREAS, Service Provider is duly licensed and equipped to perform motor vehicle body repair, mechanical repairs incidental to collision repair, refinishing, and related services for motor vehicles in the ordinary course of its business; and

WHEREAS, Client is the owner or authorized agent of the vehicle described below and desires that Service Provider perform the repairs and services described in this Agreement; and

WHEREAS, the parties desire to set forth the terms and conditions under which Service Provider will provide such repair services and Client will pay for such services.

VEHICLE INFORMATION

SCOPE OF WORK

Service Provider shall provide labor, materials, parts, paint, and services necessary to perform the repair work described in the Scope of Work below. Client authorizes Service Provider to perform the work specified and to repair or replace parts as reasonably required to return the vehicle to pre-loss condition, subject to the limitations in this Agreement.

Client authorizes Service Provider to order replacement parts, either new, aftermarket, or reconditioned, as specified in the estimate. Client also authorizes Service Provider to perform reasonable additional repairs if inspection or disassembly reveals previously undisclosed damage, provided additional repairs and costs do not exceed above the written estimate, unless Client provides prior written authorization.

PAYMENT TERMS

The parties agree the repair estimate and payment terms shall be as follows. All sums are payable in U.S. Dollars unless otherwise agreed in writing.

Deposit is due upon acceptance of this Agreement; remaining balance is due upon completion of repairs and prior to vehicle release. Deposit due date:

Late payments shall incur a late fee of on any unpaid balance, accruing monthly from the date payment is due. Client is responsible for any collection costs, including reasonable attorney fees, incurred by Service Provider to collect unpaid balances.

If Client's insurer will pay for repairs, Client remains primarily responsible for any payment deficiencies, deductible, or charges not covered by the insurer. Service Provider may require proof of authorization from the insurer prior to ordering parts or performing significant repairs.

TERM AND TERMINATION

This Agreement commences on the Start Date: and continues until completion of the Scope of Work or until the End Date: unless earlier terminated in accordance with this section.

Either party may terminate this Agreement for material breach by the other party if the breaching party fails to cure the breach within days after written notice. Service Provider may suspend work or retain possession of the vehicle and parts until invoices are paid. If Client fails to collect the vehicle within days after notice of completion, storage fees will apply at the rate of .

Service Provider expressly reserves its statutory and common-law lien rights for unpaid repairs, parts, and storage pursuant to applicable law.

CONFIDENTIALITY

Each party shall keep confidential and shall not disclose to third parties any non-public information regarding the other's business, pricing, technical information, or vehicle condition reports obtained in connection with this Agreement, except to the extent disclosure is necessary to perform the repair work, required by law, or authorized in writing by the other party.

The confidentiality obligations in this section shall survive termination of this Agreement for a period of two (2) years, except that trade secrets shall remain confidential for so long as they qualify as trade secrets under applicable law.

WARRANTY; LIMITATION OF LIABILITY; INDEMNIFICATION

Service Provider warrants workmanship performed under this Agreement against defects in labor for a period of from completion. This warranty does not cover parts, paint fade, subsequent damage, environmental damage, or defects arising from misuse, subsequent accidents, or failure to follow maintenance instructions.

EXCEPT FOR THE EXPRESS WORKMANSHIP WARRANTY SET FORTH ABOVE, SERVICE PROVIDER MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY'S AGGREGATE LIABILITY UNDER OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT PAID OR PAYABLE TO SERVICE PROVIDER UNDER THIS AGREEMENT. IN NO EVENT SHALL SERVICE PROVIDER BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES.

Client shall indemnify, defend and hold harmless Service Provider and its agents from and against any claims, liabilities, losses, damages, costs and expenses (including reasonable attorney fees) arising from Client's negligence, false statements regarding vehicle condition, or failure to pay amounts due under this Agreement.

NOTICES

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to conflict of laws principles. Venue for any dispute arising under this Agreement shall be the state or federal courts located in the county where Service Provider maintains its principal place of business.

ENTIRE AGREEMENT

This Agreement, including any written estimates, authorizations, and attachments executed contemporaneously with this document, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, and representations, whether written or oral. Any amendment or modification to this Agreement must be in writing and signed by both parties.

If any provision of this Agreement is determined to be invalid or unenforceable, such provision shall be severed and the remaining provisions shall remain in full force and effect.

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