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Customer Service Agreement

Customer Service Agreement

SPRAGUE MARINE AND PERFORMANCE LLC

CUSTOMER SERVICE TERMS

Customer: _______________________________________________

Vehicle/Vessel/Equipment: _________________________________

Date: ____________________  Work Order No.: ____________________

1. Authorization

The Customer authorizes Sprague Marine and Performance LLC (“Company”) to perform the services described in the applicable estimate, work order, or other written authorization. The Customer represents that they own the vehicle, vessel, equipment, or parts submitted for service or have the owner’s authority to approve the work.

2. Labor Rates and Service Call Fees

The Company’s standard labor rate is $140.00 per hour, with a minimum charge of one labor hour.

After-hours or expedited service is billed at $200.00 per hour, with a minimum charge of three labor hours. After-hours or expedited service is subject to availability and must be approved by the Company.

A service call fee will be applied to each job or service visit performed away from the Company’s shop. Service call fees start at $105.00 and may vary depending on the service location, travel distance, accessibility, and other circumstances of the call. The service call fee is separate from labor, parts, materials, and other applicable charges.

Parts, materials, outside services, taxes, disposal charges, shipping, and other applicable expenses are charged separately unless expressly included in a written estimate.

3. Estimates and Additional Work

Any estimate is based on the information reasonably available when it is prepared and is not a guarantee of the final cost. If inspection or repair reveals that additional labor, parts, materials, or outside services are reasonably required, the Company will request the Customer’s authorization before performing additional work, except for reasonable diagnostic, disassembly, reassembly, storage, or safety-related work already authorized by the Customer.

4. Payment

All invoices are due in full within 15 calendar days of the invoice date (“Net 15”), unless the Company agrees otherwise in writing.

The Customer is responsible for reasonable administrative, collection, postage, delivery, and processing costs incurred because the Company must prepare or send additional past-due notices, statements, demand letters, or other collection-related paperwork. Any such charges will be itemized on the Customer’s invoice and imposed only to the extent permitted by applicable law.

The Customer is also responsible for reasonable collection costs, court costs, and attorney fees incurred in collecting an unpaid balance, to the extent permitted by applicable law.

5. Completion, Pickup, and Storage

The Company will notify the Customer when the vehicle, vessel, equipment, or parts are ready for pickup or when work has otherwise been completed or discontinued.

The Customer must pick up all vehicles, vessels, equipment, and parts within five calendar days after notice. Beginning on the sixth calendar day, the Company may charge a storage fee of $25.00 per calendar day until the property is removed.

Storage fees continue to accrue regardless of whether the underlying invoice has been paid. The Company may retain possession of serviced property until all amounts due are paid, to the extent permitted by applicable law. Property remaining unclaimed may be handled in accordance with applicable abandoned-property, storage, and lien laws.

6. Customer Conduct and Right to Discontinue Work

The Company is committed to maintaining a safe, professional, and respectful workplace. Customers and anyone acting on their behalf must not engage in threatening, abusive, harassing, discriminatory, intimidating, or repeatedly disrespectful conduct toward the Company’s owners, employees, contractors, vendors, or other customers. Prohibited conduct includes threats, personal insults, discriminatory remarks, aggressive confrontation, unwanted repeated communications, interference with work, or conduct that reasonably causes a person to fear for their safety.

If the Company reasonably determines that prohibited conduct has occurred, it may suspend or permanently discontinue work and require the Customer to remove their property from the premises. Except where immediate action is reasonably necessary for safety, the Company may first give the Customer notice and a reasonable opportunity to correct the conduct.

If work is discontinued, the Customer remains responsible for:

  • All labor performed through the date work stops;

  • All parts, materials, and outside services ordered, purchased, installed, or otherwise committed to the job;

  • Reasonable diagnostic, disassembly, reassembly, preservation, and preparation-for-pickup charges;

  • Applicable storage charges; and

  • Any other authorized or noncancelable expenses.

The Customer understands that discontinued work may leave the vehicle, vessel, equipment, or parts incomplete, disassembled, or inoperable. The Company will take reasonable measures to preserve the property, but it is not required to complete the originally requested work after service has been discontinued. This provision does not permit the Company to charge for labor that was not performed or parts that were not ordered or supplied.

7. Workmanship Warranty

The Company warrants its workmanship for a period of 90 calendar days from the date the applicable work is completed. This limited warranty applies only to defects directly caused by the Company’s workmanship on the specific repair or service identified on the applicable invoice.

Warranty coverage is conditioned upon the applicable invoice being paid in full within 15 calendar days of the invoice date, in accordance with the Company’s Net-15 payment terms. Unless the Company has approved a different payment arrangement in writing, failure to pay the invoice in full by that deadline will void the workmanship warranty for the work covered by that invoice, to the extent permitted by applicable law.

Subsequent payment of a past-due invoice does not automatically reinstate warranty coverage unless the Company agrees to reinstatement in writing.

If the Customer believes a workmanship defect exists, the Customer must promptly notify the Company and provide the Company with a reasonable opportunity to inspect the vehicle, vessel, equipment, or parts and correct any covered workmanship defect.

If the Company determines that a defect is covered by this warranty, the Company’s obligation is limited to correcting or reperforming the affected labor at no additional labor charge.

The Customer may not authorize another person or repair facility to perform corrective work and then seek reimbursement from the Company unless the Company approved that work in writing beforehand. This restriction does not apply when immediate action is reasonably necessary to prevent personal injury or substantial additional property damage and prior authorization cannot reasonably be obtained.

Parts and components are covered only by the warranty, if any, provided by their manufacturer or supplier. Manufacturer or supplier warranty coverage does not automatically include the labor, travel, haul-out, launching, shipping, diagnostic, or other expenses required to remove, inspect, repair, or replace a defective part.

The Company does not provide a warranty on customer-supplied parts, used parts, pre-existing repairs, or work performed by another person or facility. Installation labor involving a customer-supplied or used part remains covered only to the extent that a failure was directly caused by the Company’s workmanship.

This warranty does not cover:

  • Normal wear, deterioration, corrosion, electrolysis, or cosmetic changes;

  • Defective, incorrect, incompatible, discontinued, used, or customer-supplied parts;

  • Freeze damage, overheating, contaminated fuel or fluids, water intrusion, weather exposure, improper storage, or lack of maintenance;

  • Misuse, abuse, accident, grounding, impact, overloading, racing, modification, or operation contrary to manufacturer recommendations;

  • Subsequent work, adjustment, alteration, or tampering by the Customer or another person;

  • Continued operation after a warning light, alarm, leak, overheating condition, abnormal noise, performance problem, or other indication of malfunction;

  • Failures or conditions unrelated to the specific work performed by the Company;

  • Diagnostic conclusions based on incomplete, intermittent, concealed, or inaccurate information;

  • Temporary repairs or repairs that the Customer requested be performed without completing other recommended work; or

  • Incidental or consequential expenses such as loss of use, towing, haul-out, launching, dockage, storage, lodging, lost income, or rental expenses, to the extent such exclusions are permitted by applicable law.

This workmanship warranty does not extend any manufacturer’s warranty and does not limit any rights or remedies that cannot lawfully be waived under applicable law.

8. Customer Acknowledgment

By signing below, the Customer confirms that they have read, understood, and agreed to these Customer Service Terms and received an opportunity to ask questions before authorizing work.

Customer Signature: _______________________________________

Printed Name: ______________________________________________

Date: ______________________________________________________

Company Representative: ___________________________________

Date: ______________________________________________________

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