Vehicle Maintenance Parking Stop Repair

Vehicle Maintenance Parking Stop Repair Agreement

This Vehicle Maintenance Parking Stop Repair Agreement ("Agreement") is entered into effective as of by and between Service Provider: and Vehicle Owner: .

RECITALS

WHEREAS, Vehicle Owner is the lawful owner or authorized custodian of the motor vehicle described below and requires repair and maintenance services arising from contact with a parking stop or parking bumper; and

WHEREAS, Service Provider holds the necessary skill, experience, licenses and facilities to perform the repair, maintenance and parts replacement services described in this Agreement and agrees to provide such services on the terms set forth herein.

WHEREAS, the parties desire to set forth their respective rights and obligations with respect to the performance of repairs, payment, warranties and related matters.

PARTIES AND VEHICLE

VEHICLE & PARKING STOP DETAILS

Vehicle Make/Model:    VIN:

License Plate:    Location of Incident / Parking Stop:

Date of Damage or Discovery:    Reported To Provider On:

SCOPE OF WORK

Service Provider shall, at its own expense except as otherwise provided herein, perform the repair, maintenance, inspection and parts replacement described below. Services shall include labor, parts procurement, surface repairs, alignment and quality verification as customary for the specified items.

ESTIMATE AND PAYMENT TERMS

Payment shall be made as follows: a deposit of is required to commence work; remaining balance payable as indicated below.

Late payments shall incur interest at per month (or the maximum permitted by law), and the Service Provider may withhold vehicle release until full payment (including interest and fees) is received.

TERM AND TERMINATION

This Agreement commences on and shall continue until completion of the Scope of Work or until , unless earlier terminated in accordance with this Agreement.

Either party may terminate this Agreement for convenience upon days' prior written notice. If terminated for cause, the non-breaching party may pursue available remedies and shall be entitled to recover costs and damages as provided by law.

AUTHORIZATION, STORAGE, AND LIEN

Vehicle Owner hereby authorizes Service Provider to perform the work described in the Scope of Work and to order necessary parts and components. Service Provider may, in its discretion, remove, replace or store parts and components consistent with standard repair practice.

If Vehicle Owner fails to pay amounts due within the time specified, Service Provider shall have the statutory lien rights for repairs and storage charges to the fullest extent permitted by applicable law and may place the vehicle in storage or dispose of parts after providing any required notice.

LIMITATION OF LIABILITY AND INDEMNITY

Service Provider warrants that repairs will be performed in a workmanlike manner consistent with industry standards. Except for express warranties stated in writing, all other warranties, whether express or implied, are disclaimed to the extent permitted by law.

Except for gross negligence or willful misconduct, neither party shall be liable to the other for special, incidental, consequential or punitive damages. Vehicle Owner shall indemnify, defend and hold harmless Service Provider from claims arising from pre-existing damage, abuse, alteration by third parties, or from Owner's negligence in vehicle operation or storage prior to repair acceptance.

CONFIDENTIALITY

Each party agrees to keep confidential and not disclose to any third party non-public business or technical information obtained in connection with this Agreement, except as required by law or as necessary to perform obligations under this Agreement. Confidential information does not include information that is or becomes publicly available through no fault of the receiving party.

GOVERNING LAW; DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to conflict of laws principles. The parties shall first attempt in good faith to resolve any dispute by negotiation; if unresolved, the parties may pursue legal remedies in state or federal court located in the chosen jurisdiction.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior negotiations, representations and agreements, whether written or oral. Any amendment or modification must be in writing and signed by both parties.

MISCELLANEOUS PROVISIONS

Notices required under this Agreement shall be in writing and delivered to the addresses set forth above. If any provision of this Agreement is held unenforceable, the remaining provisions shall remain in full force and effect.

Owner hereby acknowledges receipt of an initial estimate and understands final charges may vary to reflect actual parts, labor and condition discovered during repair. Owner shall be notified of any increases exceeding the estimated total by more than .

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