Lex Detailing Terms of Service

TERMS & CONDITIONS

By requesting or accepting services from Lex Detailing, its agents, subcontractors, employees, associates, or its partners, You agree to be bound by this Customer Contract (this “Agreement”) between You (hereinafter the “Client”) and Lex Detailing, LLC (d/b/a Lex Detailing, hereinafter “LEX”). The Client and LEX shall be referred to, collectively, as “the Parties.” In and for consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows:

Statement of Work

Upon the completion of Lex detailing's services, Client shall sign a "Statement of Work" as presented by Lex detailing, unless the actual services affirmatively indicated therein were not actually performed. If Client fails or refuses to sign a Statement of Work which correctly indicates the services actually rendered by Lex detailing, then Lex detailing may assess Client a reasonable fee to audit the account and services actually rendered in an amount not less than one hundred dollars ($100.00).

Client Has Permission to Possess Property

Client warrants, covenants, and promises to Lex detailing that it has legal title to possess the personal property for which it has requested the subject services.

Completion Call

Upon the completion of Lex detailing's services, Client shall participate, in a good faith, in a "Completion Call" with Lex detailing's. During the Completion Call, Client shall accurately and honestly represent to Lex detailing's customer service department the following items:

  • Whether Client is satisfied with Contractor's services;
  • Whether Client has executed a "Satisfaction Release" indicating that they are satisfied with Lex detailing's work;
  • Whether Client has paid Lex detailing in full;
  • Whether Client wishes to enroll in a Lex detailing membership program;
  • Whether, and in what amount, Client wishes to make a gratuity payment to the detailer; and
  • Whether Client reviewed Contractor's work and is satisfied with the services actually performed and the results.

Condition of Property

Client understands that Lex detailing services are for mobile detailing, and not for restoration, refurbishment, or remodeling. Client understands and agrees that all requests for services shall be irrebuttably presumed to be for mobile detailing and not for restoration, refurbishment, or remodeling, and therefore Client understands Lex detailing will not credit, discount, or otherwise submit a reduced invoice, bill, or debit based on Client's dissatisfaction with services beyond the scope of Lex detailing's services.

Client Requirements

Communication

The Parties understand and agree that thorough communication and consistency is required to avoid misunderstandings, invoicing errors, and to ensure seamless scheduling.

Recorded Calls

Lex detailing may record telephone calls for quality assurance purposes, instruction of payment orders, and related acts. Failure to record any call shall not be deemed a failure to exercise reasonable care or good faith or a waiver of Lex detailing's right to record any other call. By calling Lex detailing, its principals, agents, associates, employees, and subcontractors, Client agrees to indemnify, hold harmless, and not liable Lex detailing against any fees, costs, expenses, damages, and liabilities, including reasonable attorney's fees, that may incur as a result of such recording or the use thereof.

Accuracy

By requesting services from Lex detailing, Client represents and warrants that all information submitted to us is true, accurate, current, and complete and that Client will promptly notify us in writing if any information changes. Client shall keep Lex detailing reasonably informed of scheduling conflicts, inclement weather conditions, delays, or any other factor that affects Lex detailing's ability to perform the requested services at the scheduled time.

Text Messages

Lex detailing may communicate with Client via text message. Client's carrier's standard message rates will apply to any message Client sends to Lex detailing and vice versa. Other charges may apply. All charges are billed by and payable to Client's mobile service provider. Lex detailing will not be liable for any delays in the receipt of any text messages. Delivery is subject to effective transmission from Client's network operator. Data obtained from Client in connection with this text messaging service may include Client's phone number, carrier name, and the date, time, and content of Client and Lex detailing's text messages, and other information provided to Lex detailing. Lex detailing may use this information to contact Client in any manner relating to Lex detailing's services.

Refund Policy

Once detailing has been started, refunds are at the discretion of Lex detailing. Clients that fail to complain about the services performed or that fail to request a refund within twenty four (24) hours of the completion of the service(s) shall forfeit, waive, and otherwise forego their right to a refund. All complaints and requests for refunds shall be submitted to Lex detailing, in writing with demonstrative photos attached, to [email protected]. Lex detailing reserves the right to reject any photo for failure to demonstrate issues of quality in its sole discretion. All media, including photographs and videos, submitted on behalf of Client must be submitted by Client, unless otherwise excused by Lex detailing in writing.

Weather Policy

Lex detailing reserves the right to determine whether an appointment must be rescheduled due to inclement weather or otherwise. For avoidance of doubt, Lex detailing reserves the right to determine whether, in its sole discretion, Client's appointment should be rescheduled due to rain, hail, snow, sleet, or other weather events. Lex detailing will inform Client via telephone, email, or text message if an appointment must be rescheduled due to weather. Lex detailing's determination of inclement weather is final and not appealable.

Termination of Service

Lex detailing reserves the right to suspend, reschedule, or terminate service(s) at any time for any reason or for no reason, including as a result of circumstances beyond Lex detailing's control, including but not limited to mechanical failures, equipment malfunction, inclement weather, and other similar circumstances. If Lex detailing terminates services, Client shall be entitled to a refund of any pre-paid amounts for the terminated services. Lex detailing reserves the right to refuse service to any Client who has outstanding invoices or fees with Lex detailing, and to require pre-payment for any future services.

Cancellation Policy

Client may cancel or reschedule services at no charge by providing at least twenty-four (24) hours' notice before the scheduled service appointment time. Failure to provide at least twenty-four (24) hours' notice may result in Lex detailing charging a cancellation fee of not less than fifty dollars ($50.00), in Lex detailing's sole discretion. If Client fails to pay the cancellation fee, Lex detailing may report the fee to a third-party debt collection agency, and Client agrees to pay, in addition to the cancellation fee, all other costs and fees incurred by Lex detailing, including reasonable attorney's fees, collection fees, and costs.

Package and Severity Details

Client acknowledges the services rendered shall reflect the package requested by Client. Notwithstanding, Client understands that requesting additional services may result in additional charges. Therefore, LEX reserves the right to provide an updated price, at its own discretion, in the event of "Severity". For purposes of this Agreement, Severity means the property to be detailed is in a state, condition, or status such that Client's services, as initially requested, would be insufficient under the circumstances. For example, a Severity may exist when a vehicle contains excessive pet hair, bodily fluids, or surplus oxidation. When a Severity exists, LEX reserves the right to refuse to perform the services initially requested by Client at any time before completion of the requested services; after such refusal, LEX may generate a new quote that accounts for the Severity. Client agrees they are responsible for reporting potential Severities to LEX as soon as possible and agrees that LEX may refuse to issue a refund based on a Severity that is not timely disclosed.

Client Requirements

Clients are required to provide LEX with a spigot, and electric outlet. In the event Client does not provide the aforementioned, Client consents to the use of LEX's equipment. (ex: Waterless wash and wax).

Personal Effects

While it is our policy to make a best effort to care for or organize any items left in the vehicle, we are not responsible for any valuables that may become damaged, lost, missing or otherwise disposed of in the course of cleaning your vehicle. Client agrees to remove all valuables before leaving the vehicle for service.

Bailment

Client agrees to allow LEX to have custody and possession of client's property for the purpose of completing the requested service(s), and upon completion of said services Client agrees to immediately pay LEX. The period whereby LEX has actual possession of the property may be referred to as the “Bailment”. The purpose of the Bailment, among other things, shall be to clean the vehicle of dirt, filth, debris, residue, pollen, plant fibers, dust, and other items which may be removed through reasonable practices according to industry standards. For purposes of this subsection, “LEX” shall include its employees, agents, subcontractors, and assigns. The bailment shall commence after LEX, its agents, subcontractors, and assigns take actual possession of the personal property, and the bailment shall be terminated upon the occurrence of any of the following: (i) the completion by Client of the Customer Satisfaction form pertaining to each instance of Bailment, (ii) the departure of LEX from the premises where the personal property was located when it was actually delivered to LEX, or (iii) the movement of the personal property, including but not limited any movement by Client, LEX, or third parties. Client agrees to defend, indemnify, and hold LEX harmless and not liable for all acts, errors, and omissions that occur before and after the bailment. Client understands and agrees that movement of the personal property (e.g., operating a vehicle by driving) is beyond the scope and course of any employment, principal-agent, and respondeat superior relationship, and therefore Client agrees to waive, withdraw, forfeit, and otherwise forego any claim, cause of action, or complaint of any kind based upon vicarious liability with respect to LEX.

Risk of Loss & Indemnity

Client agrees to have their personal property insured for the full value during the entire Bailment. Client assumes all risk of loss for damage to the personal property, including but not limited liability for theft, collision, fire, or water damage, and Client further agrees to defend, indemnify, hold harmless and not liable LEX for any act, error, or omission on the part of Client, LEX, and any third party(ies), including instances of Client's and LEX's own negligence. Client further does hereby release and discharge LEX for any and all loss or damage, and any claim or damages resulting from the same, on account of injury to Client and/or any third party(s) as a result of the condition and/or operation of the personal property. This release covers all injuries, even injury resulting in death of Client, or anyone injured as a result of negligence arising out of, relating to, or resulting from any act, error, or omission of Client or LEX.

Limits of Liability

The Parties agree to limit LEX's damages resulting from, relating to, or arising out of this Agreement that may occur while Client's vehicle is in LEX's possession, including but not limited to any damage related to pre-existing conditions (tears, scratches, dents, stains, odors, etc.), damage to automated windshield wiper systems, wiper blades, rear window wipers, loose interior trim or exterior moldings, exterior mirrors, trailer hitch caps, roof racks, power antennas, insignias, non-factory (whether dealer add-on or private) aftermarket accessories including alarm systems (including lock-out expenses caused by) alloy, chrome or mag wheels, bug shields, sun visors, magnetic signage, running boards, hood ornaments, headlights, rear lamps, or reflector or for any damage caused as a result of Client's request for engine detailing services including water interfering with engine function, or for damage caused by a request for any service requiring a wet sanding process. Client agrees to defend, hold harmless, and not liable LEX for fire, theft, or damage caused to the personal property in any case, including LEX own negligence. LEX's liability in all cases is limited to the value of service provided.

Consequential Damages Waiver

EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, IN NO EVENT WILL EITHER PARTY BE LIABLE UNDER ANY CIRCUMSTANCES TO THE OTHER PARTY FOR SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR LOSSES, INCLUDING LOST PROFITS, LOSS OF BUSINESS OPPORTUNITY OR OTHER SIMILAR DAMAGES RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, BY STATUTE, IN TORT OR CONTRACT, UNDER ANY INDEMNITY PROVISION OR OTHERWISE (EXCEPT WITH RESPECT TO INDEMNITY OBLIGATIONS FOR THIRD-PARTY CLAIMS AND LOSSES). Notwithstanding the foregoing, this Section shall not negate Section 25 of this Agreement.

Guarantees & Best Efforts

All services provided by AAMD to Client are on a best efforts basis. Client understands and agrees to hold AAMD harmless and not liable for un-removed stains, odors (e.g., cigarette smells, etc.), and other items which would only be practically achieved through a restoration process. AAMD promises to utilize its best efforts in accordance with industry standards.

Claims Process

Client agrees, prior to initiation of any insurance claim, legal cause of action, proceeding before a tribunal, or demand for payment in pursuit of a settlement, it shall submit all written claims and related correspondence to [email protected].

  • The subject line off the email shall include the invoice number referencing LEX's services, date of loss, and last name (or legal name if a legal entity) of the Client. Client agrees to submit the notice within forty eight (48) hours of the date of loss.
  • Client understands and agrees that all claims, including its legal and equitable claims, shall be surrendered, waived, and forfeited for refusing and/or failing to submit a written claim to LEX within forty eight (48) hours of the date of loss.
  • LEX shall conduct a reasonable investigation, using its best efforts, into the alleged loss. Client shall not be permitted to file, claim, or otherwise assert in any form any action alleging liability or damages whatsoever against LEX until the conclusion of LEX's investigation.
  • If LEX determines, in its sole discretion, that it is or may be liable for the reported damage(s) of any nature, or any portion thereof, Client's sole and exclusive remedy shall be the lesser of either (i) the cost of Client's insurance deductible, if Client submitted a claim to its insurance company; or (ii) the fees and costs of the services requested of LEX by Client on the date of loss.

LEX may provide such refund in any form of LEX's choosing, including but not limited to in the form of free, discounted or upgraded membership plans, gift cards, and the like.

Exclusive Remedy

Client acknowledges and agrees that LEX has no obligation to provide any refund or to repair any damages to Client’s vehicle, and, while LEX will use good faith, commercially reasonable efforts to investigate and assess Client’s claim, all determinations are in LEX sole, final and absolute discretion. IF LEX DECIDES TO PAY ANY CLAIM SUBMITTED PURSUANT TO THIS SECTION, CLIENT ACKNOWLEDGES AND AGREES THAT SUCH PAYMENT IS CLIENT’S SOLE AND EXCLUSIVE REMEDY, AND LEX's SOLE OBLIGATION, IN RESPECT OF SUCH CLAIM AND THE EVENT GIVING RISE TO SUCH CLAIM, AND CLIENT HEREBY RELEASES AND WAIVES ANY OTHER CLAIMS, ACTIONS OR DAMAGES, WHETHER KNOWN OR UNKNOWN, THAT CLIENT MAY HAVE AGAINST LEX, ITS AFFILIATES AND THE OWNER AND TENANTS LOCATED AT THE PREMISES AT WHICH THE ALLEGED INCIDENT OCCURRED.

Governing Law; Venue; Personal Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of Kentucky, without regard to its choice of law provisions. In the event of any legal or equitable action arising under this Agreement, the parties hereby agree that jurisdiction and venue for any such action shall lie exclusively in the state courts of Kentucky located in Fayette County, Kentucky, or in the United States District Court for the Eastern District of Kentucky, Lexington Division. The parties hereto expressly waive any other jurisdiction or venue. The Parties hereby consent to the personal jurisdiction and exclusive venue in the State and Federal Courts located in Fayette County, Kentucky, and the United States District Court for the Eastern District of Kentucky, Lexington Division, for any action whatsoever between Client and Lex detailing, including but not limited to, all actions arising out of this Agreement, Client’s requested services, acts, errors, and omissions by Lex detailing, its employees, principals, agents, subcontractors, assigns, and associates.

Severability

The invalidity of any one or more of the words, phrases, sentences, clauses, or sections contained in this Agreement shall not affect the enforceability of the remaining portions of this Agreement, or any part thereof, all of which are inserted conditionally on their being valid in law, and, in the event that any one or more of the words, phrases, sentences, clauses, or sections contained in this Agreement are declared invalid by a court of competent jurisdiction, this Agreement shall be construed as if such invalid words, phrases, sentences, clauses, or sections had not been inserted. If such invalidity of a provision is caused by its scope, the length of a period, or the size of an area described therein, all such provision shall be considered reduced to such scope, period or area, as will be necessary to cure such invalidity.

Waivers

The waiver by either party hereto of a breach or violation of any term, condition, or provision of this Agreement, shall not operate or be construed as a waiver of any subsequent breach or violation.

Damages

No provision of this Agreement shall be construed to prevent either Party from seeking or recovering from the other party, damages sustained by one or both parties as a result of a breach of any term, condition, or provision of this Agreement.

No Third-Party Beneficiary

Nothing expressed or implied in this Agreement is intended, nor shall be construed, to confer upon or give any person (other than the parties hereto and, in the case of the Client, also his heirs, personal representative, and legal representatives) any rights or remedies under, or by reason of, this Agreement.

Attorneys’ Fees and Costs

In the event of any litigation, including arbitration, between the Parties arising out of or relating to this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable expenses of experts and accountants, which shall include, without limitation, all costs and expenses of appeals. Nothing in this subsection shall be construed to permit recovery of reasonable attorneys’ fees by the prevailing party, and the Parties hereto agree that Attorneys’ fees shall not be recoverable by either party, regardless of which party prevails.

Headings

The section headings used throughout this Agreement have been inserted solely for convenience of reference and shall not be taken to limit or extend the natural and proper construction or meaning of the language employed herein.

Entire Agreement

This Agreement contains the entire agreement and understanding between the parties pertaining to the subject matter set forth herein, and this Agreement may only be modified or amended upon the mutual written consents of the parties hereto, including their respective heirs, legal representatives, successors, or assigns. In the event of a conflict between this Agreement and any prior directive or written agreement, this Agreement shall control.