GUARDIAN WRAPS SERVICE AGREEMENT
Update: Reflected any discrepancies with newly implemented required deposit payments for service.
This Agreement for Services by and between The Customer (“Client” or “Customer”), and Guardian Wraps LLC ("Guardian Wraps"), is made effective as of deposit payment is made by Client for Guardian Wraps service. The Customer agrees to the conditions of this agreement by processing payment information to Guardian Wraps on any medium of payment accepted by Guardian Wraps.
1. DESCRIPTION OF SERVICES. Beginning on day of deposit payment, Guardian Wraps will provide to the Client the services described within this Agreement and its Addendums (collectively, the "Services" or “Service”) on the service start date stated in the email correspondence between the Client and Guardian Wraps about the service.
The vinyl manufacturer chosen by the Client will be the product that the Customer approves for Guardian Wraps to utilize. The Customer agrees to verify they approve of the vinyl manufacturer company as product of choice for Service by researching product quality, warranties, etc. All areas of the vehicle(s) and/or product(s) that will be wrapped will be noted in the Services List Addendum attached to this Agreement.
A full inspection will take place prior to Service completion and be notated on an Inspection Form outside of this agreement. The Customer agrees to provide a vehicle that has sound paint and is free from defects. If vehicle(s) and/or product(s) are not provided in this condition and the material fails or if the paint comes off when it's time to remove the wrap, Guardian Wraps is not liable. The inspection form will be signed by both a representative of Guardian Wraps and the Client. Refusal to sign the inspection form from either party voids this agreement.
The vehicle(s) and or product(s) will be washed completely and free of road grime, tars, rust, etc. and completely dry to insure adhesion of graphics, at least a day before installation by the Customer. To the best of Guardian Wraps ability, a complimentary wash will be provided to bring the vehicle(s) and/or product(s) to the best condition for Services to be completed, but does not guarantee it will bring the vehicle within a proper conditions for vinyl wrapping. For older truck or trailer bodies that have chalking paint, check with a maintenance provider to have the chalking removed by the best-recommended method. Unless otherwise specified, Guardian Wraps will remove any existing graphics and all adhesive residues. The Customer understands that the residue from old graphics, if left on, will affect the performance of new graphics going over them. The customer agrees to not have vehicle(s) and or product(s) waxed before or after washing.
Service completion can take up to two weeks upon signing of this Agreement. Guardian Wraps cannot be responsible for any downtime of the vehicle due to unavoidable delays of installation and any loss of revenue that the vehicle may incur while not being on the road for the buyer.
This promotion cannot be redeemed for any monetary means (i.e. cash).
2. PAYMENT. Payment shall be made to Guardian Wraps LLC and the Client agrees to pay Guardian Wraps as follows:
50% of service total before service work begins unless otherwise specified.
50% of remaining balance due after service completion unless otherwise specified.
If any invoice is not paid when due, interest will be added to and payable on all overdue amounts at $25 every 7 days (starting on day of Service completion).
The Customer shall pay all costs of collection, including without limitation, reasonable attorney fees. In addition to any other right or remedy provided by law, if the Customer fails to pay for the Services when due, Guardian Wraps has the option to treat such failure to pay as a material breach of this Agreement, and may cancel this Agreement and/or seek legal remedies.
Vinyl material is non-returnable. Once payment from the Client is received and materials are ordered, costs of material(s) and logistics associated with receiving the material(s) will be non-refundable.
3. TERM. This agreement will terminate automatically 10 years after service completion by Guardian Wraps of the Services required by this Agreement.
4. WORK PRODUCT OWNERSHIP. Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively the "Work Product") developed in whole or in part by Guardian Wraps in connection with the Services will be the exclusive property of Guardian Wraps. Upon request, the Customer will execute all documents necessary to confirm or perfect the exclusive ownership of Guardian Wraps to the Work Product. This creative Design is the property of Guardian Wraps and cannot be used, reproduced or distributed in any way without their express permission.
5. DESIGN CONDITIONS. Any designs (outsourced or in-house), whether created and/or applied to vehicle or product of Client is non-refundable unless the terms of the 1 Year In-House Warranty and/or 5 Year Manufacturer Warranty are deemed applicable for the Client to submit a Warranty Claim. Factors such as visual dissatisfaction, claims of improper color matching, etc. that are representative of the Client's intended vision are not grounds for a full refund unless otherwise specified in writing by Tahir Baksh, CEO of Guardian Wraps. Guardian Wraps and its employees, with the best of its ability, will service the Client's vehicle as accurately to the intended vision agreed upon prior to service.
6. CONFIDENTIALITY. Guardian Wraps, and its employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Guardian Wraps, or divulge, disclose, or communicate in any manner, any information that is proprietary to the Customer. Guardian Wraps and its employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of this Agreement. Any oral or written waiver by the Customer of these confidentiality obligations which allows Guardian Wraps to disclose the customer’'s confidential information to a third party will be limited to a single occurrence tied to the specific information disclosed to the specific third party, and the confidentiality clause will continue to be in effect for all other occurrences.
7. WARRANTY. Guardian Wraps shall provide its services and meet its obligations under this Agreement in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in Guardian Wraps's community and region, and will provide a standard of care equal to, or superior to, care used by service providers similar to Guardian Wraps on similar projects.
In-House Warranty - Any issues from a completed service that result due to the services rendered by Guardian Wraps and their application process such as unnatural peeling or bubbling, substandard (compared to industry standard) application, etc., Guardian Wraps agrees to cover all costs for vinyl and labor expenses and schedule at the soonest available opening within a normal operating capacity.
Manufacturer Warranty - Terms vary based on manufacturer chosen either by Client and/or Guardian Wraps, and it is recommended the Client refer to Manufacturer for information about the Warranty and it's coverage. Client understands that it is out of Guardian Wraps control for any defects or discrepancies with the material chosen and Guardian Wraps cannot be held liable for any quality issues, even in the instance that Guardian Wraps recommended the chosen Manufacturer. Upon payment of the invoice, through any medium of payment, and/or signing the Inspection Form prior to service, the client entrusts Guardian Wraps to match the requested needs. Manufacturer Warranty covers only the material cost and Client agrees that in the instance of a Manufacturer Warranty Claim, payment will need to be rendered from Client for all external expenses in correlation with the claim (i.e. Labor, Shipping, etc.).
8. DEFAULT. The occurrence of any of the following shall constitute a material default under this Agreement:
a. The failure to make a required payment when due.
b. The insolvency or bankruptcy of either party.
c. The subjection of any of either party's property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.
d. The failure to make available or deliver the Services in the time and manner provided for in this Agreement.
9. REMEDIES. In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Agreement (including without limitation the failure to make a monetary payment when due), the other party may terminate the Agreement by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 10 days from the effective date of such notice to cure the default(s). Unless waived in writing by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Agreement.
10. FORCE MAJEURE. If performance of this Agreement or any obligation under this Agreement is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages, or other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
11. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Agreement. This Agreement supersedes any prior written or oral agreements between the parties.
12. SEVERABILITY. If any provision of this Agreement will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
13. AMENDMENT. This Agreement may be modified or amended in writing by mutual agreement between the parties, if the writing is signed by the party obligated under the amendment.
14. GOVERNING LAW. This Agreement shall be construed in accordance with the laws of the State of Florida.
15. NOTICE. Any notice or communication required or permitted under this Agreement shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.
16. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
17. ATTORNEY'S FEES TO PREVAILING PARTY. In any action arising hereunder or any seperate action pertaining to the validity of this Agreement, the prevailing party shall be awarded reasonable attorney's fees and costs, both in the trial court and on appeal.
18. CONSTRUCTION AND INTERPRETATION. The rule requiring construction or interpretation against the drafter is waived. The document shall be deemed as if it were drafted by both parties in a mutual effort.
WINDOW TINTING LEGAL DISCLAIMER
All window tinting is done at end user's discretion. Guardian Wraps recommends tinting to the legal limit of 35% VLT for all passenger vehicles for everyday use. It is up to customer(s) to obey all state window tint laws. Anything beyond legal limit, will be installed for prescription or medical use, out of state use, off road use only or for show car purposes. Guardian Wraps only applies film ranging from 50% 40% 30% 20% or 5% darkest possible for the purpose of off road use only.
Any warranty work must be approved by Guardian Wraps and we do not warranty the film from any scratching, nicks, or cuts due to normal wear and tear. Broken or replaced glass is not covered under warranty. Pleasebe aware that there may be minor dust and or dirt particles in some applications. This is unavoidable. The window film(s) must be intact for any warranty issues. Do not remove window film(s) or the warranty is void. Only state compliant window films are covered under the lifetime warranty. Noncompliant films will not be covered under warranty due to window film manufacturer's policies and procedures.
Guardian Wraps is not responsible for any traffic tickets or citations associated with noncompliant window film(s). Although we do install 50% VLT on passenger vehicles, many of the vehicle windows contain some level of tint from the manufacturer, thus resulting in a lower VLT which could be below the limit.
GRAPHIC DESIGN LEGAL DISCLAIMER
All sales are final as design services are outsourced to a graphic designer of Guardian Wraps choosing. Design charges are based solely on labor and no refunds are offered. Services rendered include design, proofs, and print/cut ready files. Please reply to all proofs via email, with any changes in list format for easy translation. Please allow 7-10 business days for 1st proof. Stock photography, copywriter artwork, and templates are NOT included, and if used, may require additional cost. Non refundable 100% deposit required to begin artwork. By making a payment on any invoice related to Graphic Design services, you thereby agree to all terms.
PERSONAL PROPERTY AND VEHICLE STORAGE RELEASE OF LIABILITY
It is recommended that the owner of the vehicle store or take with them any personal property while vehicle is left at Guardian Wraps location. To the best of their abilities, Guardian Wraps and it's employees will secure the vehicle and its possessions, but the Client releases all liability towards Guardian Wraps for any property, including the vehicle itself, that is damaged or stolen during the time the vehicle is in possession of Guardian Wraps. Personal property left in or around the Client's vehicle during the period the vehicle is at Guardian Wraps shop, or stored on the premises outside of the shop, is the responsibility of its owner. This would include, but not be limited to, electronics, monies, apparel, equipment, confidentially sensitive items, etc.
The Client agrees to allow Guardian Wraps to use whichever medium necessary to publicize the services provided to the Client and publish on any marketing platform deemed acceptable and non-threatening to the well being of the Client. Any confidentiality of the service being provided needs to be relayed to Guardian Wraps prior to the beginning of services.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the date that payment from the Customer was received by Guardian Wraps for the service requested ,on any medium of payment accepted by Guardian Wraps.