Free Car Wash Equipment Maintenance Agreement

This Car Wash Equipment Maintenance Agreement ("Agreement") is made and entered into as of [Effective Date], by and between [Your Company Name] ("Service Provider") located at [Your Company Address] and [Your Partner Company Name] ("Client") located at [Your Partner Company Address].

Recitals

WHEREAS, the Service Provider is in the business of providing maintenance services for car wash equipment; and

WHEREAS, the Client owns and operates a car wash facility and desires to retain the Service Provider to provide maintenance services for its car wash equipment;

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

I. Definitions

A. "Equipment"

"Equipment" refers to all car wash machinery and related components owned by the Client and listed in Exhibit A attached hereto and incorporated herein by this reference.

B. "Maintenance Services"

"Maintenance Services" refers to the preventative and corrective maintenance tasks outlined in Exhibit B attached hereto and incorporated herein by this reference.

II. Scope of Services

A. Maintenance Services

1. The Service Provider agrees to provide the Maintenance Services for the Equipment as described in Exhibit B.

2. The Maintenance Services shall include, but are not limited to, regular inspections, cleaning, adjustments, repairs, and parts replacement.

B. Additional Services

1. Any services not expressly included in Exhibit B shall be considered additional services ("Additional Services").

2. Additional Services shall be provided at the Client’s request and subject to a separate written agreement.

III. Term

A. Initial Term

The initial term of this Agreement shall commence on [Start Date] and continue for a period of 2 years.

B. Renewal

This Agreement shall automatically renew for successive one-year periods unless either party provides written notice of non-renewal at least 60 days prior to the expiration of the then-current term.

IV. Compensation

A. Service Fees

1. The Client agrees to pay the Service Provider a fee of $5,000 per quarter for the Maintenance Services.

2. Payment shall be due within 30 days of receipt of an invoice from the Service Provider.

B. Additional Services Fees

1. Fees for Additional Services shall be agreed upon in writing by the parties prior to the commencement of such services.

V. Obligations of the Client

A. Access to Equipment

The Client shall provide the Service Provider with reasonable access to the Equipment during normal business hours or as otherwise agreed upon.

B. Cooperation

The Client shall cooperate with the Service Provider to facilitate the performance of the Maintenance Services, including providing necessary information and assistance.

VI. Obligations of the Service Provider

A. Professional Standards

The Service Provider shall perform the Maintenance Services in a professional and workmanlike manner, consistent with industry standards.

B. Parts and Materials

The Service Provider shall use parts and materials that meet or exceed the manufacturer's specifications for the Equipment.

VII. Warranties

A. Service Provider's Warranties

1. The Service Provider warrants that the Maintenance Services will be performed in accordance with the terms of this Agreement and industry standards.

2. The Service Provider warrants that all parts and materials used in the performance of the Maintenance Services will be free from defects in workmanship and materials.

B. Disclaimer

1. Except as expressly provided in this Agreement, the Service Provider makes no other warranties, express or implied, including any implied warranties of merchantability or fitness for a particular purpose.

VIII. Limitation of Liability

A. Direct Damages

The Service Provider's liability for any claims arising out of or related to this Agreement shall be limited to the amount paid by the Client for the Maintenance Services during the 12 months preceding the event giving rise to the claim.

B. Indirect Damages

In no event shall the Service Provider be liable for any indirect, incidental, consequential, special, or punitive damages, including loss of profits, even if the Service Provider has been advised of the possibility of such damages.

IX. Termination

A. Termination for Convenience

Either party may terminate this Agreement for any reason upon 90 days’ written notice to the other party.

B. Termination for Cause

Either party may terminate this Agreement for cause if the other party breaches any material term of this Agreement and fails to cure such breach within 30 days of receipt of written notice thereof.

X. Miscellaneous

A. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of [State].

B. Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, and representations.

C. Amendments

This Agreement may be amended only by a written instrument executed by both parties.

D. Notices

All notices required or permitted under this Agreement shall be in writing and shall be deemed given when delivered personally, sent by certified mail, return receipt requested, or sent by recognized overnight courier service to the addresses set forth above or such other addresses as may be specified in writing by either party.

E. Severability

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

F. Waiver

The waiver by either party of any breach of this Agreement shall not operate as a waiver of any subsequent breach.

G. Assignment

Neither party may assign its rights or obligations under this Agreement without the prior written consent of the other party.

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

[Your Company Name]

[Authorized Signatory]

[Title]
[Date]

[Your Partner Company Name]

[Representative Name]

[Title]
[Date]

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