Professional Vehicle Detailing in Orlando, FL

TERMS & CONDITIONS
Effective as of August 1, 2022

SUPERIORDETAILER LLC (“SD”) provides all auto detailing, paint correction, ceramic coating, and paint protection film Services (as hereinafter defined) solely pursuant to these binding Terms & Conditions (“Terms”) which govern each Order (as hereinafter defined) placed by a Client for SD’s Services. As used in these Terms, “Parties” refers to SD and Client. Client acknowledges that Client’s consent to these Terms is a material prerequisite to SD’s providing Services.

1. Services. SD will prepare and deliver an Estimate (as hereinafter defined) or Order (as hereinafter defined) to Client, and upon request by the Client, SD will provide auto detailing, paint correction, ceramic coating, or paint protection film services in execution of the Estimate or Order (the “Services”). These Terms will govern any Services SD provides for Client, regardless of whether the request for services is reduced to writing.
2. Key Definitions. “Client” means the Client acting directly or through Client’s designated agents. “Estimate” means a written description and estimate prepared by SD for the Services. “SD Representative” means an employee, contractor, or manager of SD who assists Client with the Services. “Order” means the Client’s reservation for part or all of SD’s Services, however communicated, and includes all terms and conditions contained on any physical page or web page that Client signs or agrees to in connection with the Services, including without limitation these Terms, any original or amended Estimate, and any other direction, statement of work, purchase order, order form, or written confirmation. “Fees” means the total fees for the Services included in the Order. “Third-Party Vendors” means all Third-Party Vendors, suppliers, and services providers with which SD contracts on behalf of Client to provide goods or service. “PPF” means Paint Protection Film.
3. Ordering. An Order shall not be binding on the Parties until the final version thereof is signed by Client and accepted by SD, at which point the Order becomes a binding contract incorporating these Terms. An Order may be executed delivered and accepted electronically without production of a physical counterpart. After acceptance by SD, no changes to an Order will be accepted without SD’s written consent, in SD’s sole discretion. Client authorizes the work described in the Order to be completed in addition to the procurement of the necessary material(s), including permission to operate the vehicle. Fee estimates and Orders are an approximation of timing and charges to Client for the Services requested. Scheduled times and dates are not guaranteed and are an estimate only. 
4. Operation of Client’s Vehicle. Client authorizes SD and its agents, employees, contractors, and Third-Party Vendors to operate Client’s vehicle for the purpose of providing the Services, including but not limited to operating the vehicle in and around SD’s premises, the parking lot surrounding SD’s premises, and driving the Client’s vehicle to another shop for any Services to be performed by subcontractors or Third-Party Vendors. 
5. Changes to an Order. 
6. Changes by SD. It is possible for unexpected complications to cause some deviation from the original estimate or Order. If additional work is required, SD will prepare a revised Order providing the cost of additional material and labor and the total revised cost. SD reserves the right to amend any pricing after commencement of the Services, but SD shall communicate any changes to the Client prior to completion. 
7. Changes Requests. Any change to an Order requested by the Client after acceptance by SD is considered a “Change Request.” Upon receipt of a Change Request, SD shall determine in its sole discretion whether a Change Request is acceptable under the circumstances. If SD accepts a Change Request, SD will submit to Client an amended Order reflecting the Change Request and the corresponding revised Fees. 
8. Cancellation Policy. Notwithstanding cancellation by Client, Client shall be responsible for all fees and expenses accrued prior to the date of cancellation. Once an appointment has been scheduled for any Services pursuant to an Order, Client will be expected to pay for the Services unless the Client provides a 24-hour notice of cancellation. If a Client needs to cancel or reschedule an appointment, the Client must do so at least 24 hours in advance, otherwise, the Client will incur a charge of 25% of the total fees of the Order. SD reserves the right to alter or amend a scheduled time or date for services without penalty, but will make every effort to let the Client know in advanced. 
9. Third-Party Vendors. Client acknowledges that all Third-Party Vendors are independent contractors and are responsible for their own business practices. Client authorizes SD to act as Client’s agent and make payments for and in the name of Client for all. SD will exercise reasonable care and skills in locating and booking any Third-Party Vendors. SD is not responsible for the conduct and/or performance of any Third-Party Vendor. 
10. Fees & Expenses. Fee estimates provided in the Order are an approximation of charges to Client for the Services requested. Client shall pay SD all amounts described in the Order, including without limitation service fees, labor fees, part fees, shipping and delivery charges, and sales tax, and any other amounts required to provide the Services, whether included in the Order or separately invoiced.  Any amount that is not paid when due shall accrue interest at the rate of 1.25% per month or the highest rate allowed by law. All amounts and Fees due under the Order, excepting only deposit amounts required to be paid prior to SD providing Services, shall be due and payable upon completion of the Services (the “Final Payment Due Date”). If all amounts due are not paid by the Final Payment Due Date, SD may in its discretion (i) withhold any Services until payment is made, and/or (ii) charge Client a late fee equal to $100 for each day past the Final Payment Due Date. 
11. Acceptance of Payments. EACH PAYMENT MADE BY THE CLIENT IS NONREFUNDABLE. If SD accepts a check for any payment due, a fee of $50.00 will be charged for any check returned for insufficient funds. In addition to other amounts described in the Order, Client shall pay any costs and expenses incurred by SD in seeking to collect any amounts due hereunder, including without limitation court costs, attorneys’ fees, and collection fees. Client acknowledges that if Client uses a credit card for any payment due under these Terms or Order, SD, the card issuer, or financial institution may place a hold on the authorized amount during the processing of the transaction. Client should inquire with the card issuer or financial institution for details regarding the timing of charges and release of funds. All payments, costs, and expenses shall be stated and paid in U.S. Dollars. CLIENT ACKNOWLEDGES, AGREES, AND AUTHORIZES THAT IF A DEBIT OR CREDIT CARD IS USED AS PAYMENT FOR FIRST PAYMENT AMOUNT, THE INITIAL DEPOSIT, OR ANY OTHER AMOUNT OWED, (A) CLIENT WILL PAY THE AMOUNT OWED ACCORDING TO THE CARD ISSUER STATEMENT, AND (B) SD MAY CHARGE THE CARD FOR ANY AMOUNTS DUE AS DESCRIBED IN THE ORDER OR THESE TERMS IF CLIENT DOES NOT OTHERWISE PAY SUCH AMOUNTS WHEN DUE.
12. Delays. SCHEDULED TIMES ARE NOT GUARANTEED. SD reserves the right to cancel or attempt to reschedule for any reason. Client acknowledges that there may be instances where Services, including PPF application, take longer than the initial estimated time. SD will notify the Client if there is a delay and will provide a best assessment on the timeframe for vehicle release. Client acknowledges that SD is not responsible for delays caused by unavailability of parts due to supplier or transporter shipments. 
13. Vehicle Release. SD recommends that PPF does not get wet for 48 hours after the completion of the installation. If it is raining on the day of release of the vehicle, SD reserves the right to hold the vehicle until such time that the fresh PPF will not lift due to rain or the film getting wet. If the Client chooses to pick up their vehicle while it is raining, SD will not be responsible for any film that is lifted due to rain within the 48-hours of the completion of the installation of the PPF. 
14. Personal Belongings. Client acknowledges and agrees that it is Client’s responsibility to remove personal belongings from the vehicle prior to Services and SD is not responsible for loss or damage of Client’s personal property in case of fire, theft, or any other cause. 
15. Vehicle Storage Fees. Client acknowledges and agrees that a storage fee of $50.00 per day will be charged for any vehicle that is not picked up within 24 hours of completion of the Services. The storage fee of $50.00 per day will be charged until the vehicle has been picked up and paid for.
16. Inspection. Client acknowledges that Client had or waived the opportunity to inspect its vehicle to note the condition of any damage prior to SD taking custody of the vehicle. If Client does not inspect the Vehicle and deliver a written notice to SD describing the condition of the vehicle prior to delivering it to SD, the determination of the SD Representative of the condition of the Vehicle shall be conclusive and binding on the Client. 
17. Discharged Batteries. SD is not responsible for discharge batteries during or after the Services have been completed. Client is responsible for inspecting the vehicle after the Services are rendered to assure all interior lights, headlights, or running light have been turned off and restored to the Client’s preferred settings. 
18. Vehicle Condition; Aftermarket Parts. All Services are provided at the Client’s own risk and Client’s vehicle must be able to withstand normal detailing and cleaning processes. Any previous damage to a vehicle is not the responsibility of SD. SD is not responsible for the condition of the surface to which PPF is being applied. PPF application can sometimes require lifting and re-installation of film to the surface. Any areas that are repaired prior to PPF installation must be properly repaired with, and finished with, Original Equipment Manufactured (“OEM”) paint or clear coat. Client waives and releases SD from any warranty or damage claims where a product has been applied to a non-OEM paint service. Any recently applied finish must be cured for the full amount of time recommended by the paint manufacturer before applying PPF to the surface. It is the responsibility of the Client to ensure that any paint or clear coat has been fully cured for at least 30 days prior to PPF application. If aftermarket parts are installed on the vehicle, it is responsibility of the Client to ensure any clear coat or paint on the aftermarket part is fully cured for at least 30 days prior to PPF application. SD is not responsible for failed paint or clear coat of any aftermarket part installed on the vehicle. SD is not responsible for any damage that may occur to any aftermarket part or recently painted surface due to standard PPF installation practices that include pulling and re-taking film. SD is not responsible for damage to clear coat, paint, or any surface due to recently applied paint or clear coat by Client or any third party. SD is not responsible for failed PPF installation to newly applied paint that has not been cured for at least 30 days prior to installation. In the event a Client requests as part of the Services that SD perform a “paint chip repair” using customer provided factory paint or Dr. Color Chip paint that either SD has in stock or the Client obtains themselves, SD cannot guarantee that the paint applied to the chip will adhere due to standard PPF installation practices that include pulling and re-taking film. SD will make every effort to ensure that the newly-applied paint will adhere to the vehicle, but is not responsible to replace PPF in the event that newly-applied paint shifts or pulls from the chip. Paint may lift on repainted panel/OEM paint if improperly prepped and painted. By authorizing SD to complete the Services and proceed with the install, the Client hereby acknowledges the risk, waives any claims against SD and agrees that SD will not be liable in the event that damage does occur during the installation. 
19. PPF Installation. PPF is a pliable plastic material designed to protect paint. SD does not guarantee that the film will be 100% invisible or look “perfect.” There may be areas around the edges and hard corners of the PPF that may be visible. Relief cuts may need to be made. Stretching the PPF will result in some shrinkage as it attempts to return to its original form/dimensions. As the PPF shrinks, some minor tenting and lifting does occur and will be addressed by SD, if necessary. SD is not responsible for the limitations of the PPF. Installation time is based upon many factors, including, but not limited to, film selected, curing time, places where PPF is being installed, size of vehicle, complexity of installation areas and any unforeseen circumstances that may arise. SD will provide an estimated completion date for installation but reserves the right to change the estimate at any time for any reason. Client shall notify SD within 14 days of PPF application if there is any lifting occurring or any other defects in the film installation. SD will address the issue by replacing the film or trimming back the pieces before they become contaminated. SD is not responsible to replace any PPF if not notified within the first 14 days after competition of the PPF installation. Client acknowledges that he or she is responsible to bring the vehicle back to SD so that any issues arising under this Section 16 can be resolved by SD. The Client shall be required to pay for any removal and reinstallation charges if SD is not notified of damage or lifting issues within the first 14 days after completion of the PPF installation. SD is not responsible for any film that is lifted due to rain within 48 hours of the completion of the installation of the PPF. SD is not responsible to replace PPF in the event that newly-applied paint shifts or pulls from the chip. 
20. PPF Warranty and Materials. All PPF materials are installed per the Client’s request. Any and all warranties are offered only through the film manufacturer. The Client shall be responsible for visiting the manufacturer website or completing the brochure warranty card regarding any PPF warranty. SD is only the installer of the product and not the film manufacturer. Any damage done to the PPF material by the Client or any third party shall be handled through the PPF manufacturer. 
21. PPF Removal. Any Services provided to Client relating to the removal of PPF include the removal of all film and remaining adhesive. SD is not responsible for the condition of the paint underneath the PPF or for any damage that occurs when such material is removed from the vehicle. It is the duty and responsibility of the Client and owner to ensure the suitability of the surface before installing or removing PPF. SD is not responsible for any damage that occurs to the vehicle as result of the Client’s request to remove PPF and any Services relating to the removal of PPF. 
22. No Guaranties. Client acknowledges that SD has not made any guarantees or promises regarding the outcome of the Services. 
23. Image Release. Unless otherwise provided in the Order, Client, for itself, its officers, directors, owners, employees, contractors, and volunteers, (a) authorizes SD, its subsidiaries, contractors, staff, and any Third-Party Vendors (i) to take and publish photographs and videos taken of Client or Client’s vehicle(s) for use in SD’s publications for distribution, including but not limited to print and digital formats, and including but not limited to online publications which can be shared on social media, and (ii) to use, publish, reproduce, for all purposes, Client’s names, pictures (including any photographic, motion picture, or electronic images) and/or voices (including sound and video recordings), vehicle photographs, in any and all media, including without limitation, cable, and broadcast television, the internet, and for exhibition, distribution, promotion, advertising, sales, and in brochures and all other media, in all cases without payment or royalties to and without any inspection or approval rights of the images or sound recordings; (b) grants to SD or at its direction all right, title and interest in all pictures, negatives, reproductions, and copies of the original print and further grants the right to give, sell, transfer, and exhibit the print, copies or facsimiles for marketing, communications, or advertising purposes, without payment or royalties and without any inspection or approval rights; (c) releases SD from any reasonable expectation of privacy or confidentiality associated with the photos and videos taken and published; and (d) agrees to indemnify, defend, and hold harmless SD and its employees, contractors, managers, officers, members, and affiliates involved in the creation, publication, and/or sharing of marketing materials containing photographs or video from liability for any claims by Client or any third-party. 
24. Confidential Information. Client agrees that the Order, Estimate, information concerning SD’s business activities, service implementation, auto services, vendor lists, client lists, trade secrets, drawings, plans, and all other intellectual property of SD (the “Confidential Information”) will not, without SD’s authorization, be disclosed to any third-party or used by the Client or any third-party for its own benefit except as contemplated by these Terms. Nothing in these Terms will restrict either Party’s use of information: (a) that is or becomes publicly available through no breach of these Terms, (b) independently developed by such Party, (c) previously known to such Party without obligation of confidence, or (d) acquired by such Party from a third-party which is not, to its knowledge, under an obligation of confidence with respect to such information. In the event either Party receives a subpoena or other validly issued administrative or judicial process requesting Confidential Information, the recipient will promptly notify the other Party of such receipt and may thereafter comply with such subpoena or process to the extent required by law. Confidential Information will be returned or destroyed upon the earlier of: (i) completion or cancellation of the Services, or (ii) SD’s request. 
25. Limitation of Liability. Client expressly assumes the risks of the Services provided pursuant to an Order, including without limitation, damages caused to your vehicle or loss or damage to articles left in the vehicle. Client agrees that except to the extent of SD’s gross negligence or willful misconduct, SD shall not be liable for any damages arising from personal injuries or loss, theft, or damage to property or persons sustained by Client or Client’s employees, contractors, guests, or invitees as a result of any and all activities related to the Services. Client assumes full responsibility for any such injuries, losses, or damages. In all events SD shall not be liable to Client in an amount exceeding the total amount of Fees received by SD under the Order. Client shall be responsible for ensuring the appropriate motor vehicle coverage, including physical damage coverage, is in enforce and effect for the period that SD is providing Services and shall provide SD of proof of such coverage. CLIENT WAIVES ANY CLAIMS AGAINST SD FOR INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE SERVICES. 
26. Force Majeure. SD will be excused for a reasonable failure or delay in the performance of the Services which is due to causes beyond SD’s reasonable control or precautions. Circumstances that might give rise to this situation include, but are not limited to, actual or threatened transportation or carrier delays, shortage of materials, shortage of labor, labor dispute, picketing, strike, unavailability of gasoline, acts of God, state of emergency, acts of a public enemy, storm, lightning, flood, earthquake, tornado, hurricane, interruption of utilities, other inclement weather, tsunami, other act of nature, fire, explosion, riot, protest, sabotage, pandemic outbreak, war, civil disturbance, political unrest, terrorist act, embargo, judicial, executive, or other government order, whether or not such condition applies broadly or to one or more of SD’s agents and employees. SD MAY IN ITS DISCRETION WITHHOLD, CONDITION, DELAY OR MODIFY THE SERVICES TO THE EXTENT REASONABLY NECESSARY TO SAFEGUARD SD’S PERSONNEL, EQUIPMENT, BUSINESS RELATIONSHIPS, OR PROFESSIONAL REPUTATION.
27. Authorization. SD and Client each represent and warrant that they are fully authorized to enter into these Terms. Each agent who purports to represent the Client in acceptance or acknowledgment of the Order or these Terms represents and warrants that he or she is authorized to bind the Client and that SD is relying to its detriment upon such authority.
28. Assignment. Client shall not assign or transfer its rights or obligations under these Terms without the prior written consent of SD, which consent will not be unreasonably withheld. SD may assign or transfer its rights and obligations, in full and not in part, to an affiliate of SD or to a party that acquires substantially all the business of SD, without requiring consent of Client. Subject to the foregoing, these Terms shall be binding upon and inure to the benefit of, the parties hereto and their respective successors and permitted assigns. 
29. Notices. All notices required or permitted to be given in connection with the Order and these Terms shall be in writing and shall be deemed to have been given on the date of delivery if delivered in person, by certified mail or other trackable delivery by a recognized courier, and addressed as follows: (a) if to Client, to the address provided by Client for the Order, (b) if to SD, to 111 w. Pineloch Ave, Ste 6, Orlando, Florida 32806.
30. Governing Law; Consent to Venue and Jurisdiction. These Terms, and all Orders, Change Requests, and agreements subject to these Terms, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) will be governed by the laws of the State of Florida. AS A MATERIAL INDUCEMENT FOR THIS TRANSACTION, CLIENT HEREBY KNOWINGLY, VOLUNTARILY, INTENTIONALLY, AND IRREVOCABLY WAIVES ANY RIGHT TO A TRIAL BY JURY OF ANY ISSUES SO TRIABLE. EACH PARTY HAS HAD THE OPPORTUNITY TO SEEK ITS OWN INDEPENDENT LEGAL COUNSEL REGARDING THIS SECTION AND THE ENTIRETY OF THE PARTIES’ AGREEMENT, OR HAS WAIVED SUCH RIGHT. The Parties hereby consent to the venue and jurisdiction of the state and federal courts located in Orange County, Florida.
31. Entire Agreement. These Terms, and all Orders issued and accepted hereunder, as well as Change Requests, exhibits or supplements referenced in the Order constitute the entire understanding between Client and SD, and supersede all prior agreements, arrangements, representations, and communications (whether oral or written) regarding the subject matter hereof. 
32. Amendment. These Terms may not be modified or amended except in writing by both Parties.
33. Construction and Interpretation. The captions in these Terms are inserted only as a matter of convenience and in no way affect the terms or intent of any provision of these Terms. All phrases, pronouns, and other variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular, or plural, as the actual identity of the organization, person, or persons may require. No provision of these Terms shall be construed against any party hereto by reason of the extent to which such party or its counsel participated in the drafting hereof. If any term or provision of these Terms shall to any extent be invalid or unenforceable, the remainder of the agreement shall not be affected thereby and shall continue in full force as if the invalid provision never existed. Whenever possible, each part of these Terms shall be interpreted in such a manner as to be valid under applicable law. 
34. Conflict. In the event of any conflict or inconsistency between these Terms and any Order or policies in effect, the provisions of the Order shall be controlling. 
35. No Waiver. No delay or forbearance by either Party in enforcing any obligation of the other Party under these Terms shall be deemed to be a waiver of any rights of such party to enforce these Terms, and no waiver of any provision of these Terms shall be valid unless in writing signed by the Party against which such waiver is to be enforced. A waiver of any provision of these Terms on any one occasion shall not constitute a waiver for any other purpose. 
36. Survival. Any section or provision which for its full and complete fulfillment requires survival of the expiration of these Terms, will so survive. 
37. No Third-Party Beneficiaries. These Terms are solely for the benefit of the Parties and, to the extent provided herein, their respective officers, managers, shareholders, members, employees, agents and representatives, and no provision of this these Terms shall be deemed to confer upon other third parties any remedy, claim, liability, reimbursement, cause of action or other right.
38. Attorney’s Fees and Costs. In the event of any dispute arising under these Terms, whether or not a lawsuit, appeal or other proceeding is filed, and at all levels of pre-litigation and litigation, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs, including attorneys’ fees and costs incurred in litigating entitlement to attorneys’ fees and costs, as well as in determining or quantifying the amount of recoverable attorneys’ fees and costs. The reasonable costs to which the prevailing party is entitled shall include costs that are taxable under any applicable statute, rule, or guideline, as well as non-taxable costs, including, but not limited to, costs of investigation, court costs, copying costs, electronic discovery costs, telephone charges, mailing and delivery charges, information technology support charges, consultant and expert witness fees, travel expenses, court reporter fees, and mediator fees, regardless of whether such costs are otherwise taxable.
39. Language Translation. In the event of translation of these Terms into any other language, the English translation shall govern.
40. Counterparts; Electronic Signatures. The Orders may be executed in two (2) or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Counterparts may be delivered via facsimile, electronic mail (including pdf or any electronic signature complying with the U.S. ESIGN Act of 2000,) or other transmission method, and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes.

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