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STANDARD TERMS AND CONDITIONS OF SALE

1. Acceptance of Terms

  1. These Terms and Conditions of Sale shall govern all quotations, orders, sales, products, equipment, parts, and services provided by American Car Wash Solutions (“ACWS”). Any terms or conditions proposed by the customer that are inconsistent with or in addition to these Terms are expressly rejected unless specifically agreed to in writing by an authorized representative of American Car Wash Solutions.

2. Payment Terms

  1. Unless otherwise stated on a quotation, sales order, invoice, or written agreement, all invoices are due within twenty-one (21) business days of the invoice date.
  2. Any balance not paid when due may be subject to a late charge at a rate of 20% per annum (approximately 1.67% per month), or the maximum rate permitted by applicable law, whichever is less.
  3. American Car Wash Solutions reserves the right to suspend shipments, equipment deliveries, services, installation, production, account privileges, or other work on any account with a past-due balance without prior notice.

3. Collection of Past-Due Accounts

  1. If an amount remains unpaid for more than sixty (60) days after its due date, American Car Wash Solutions reserves the right to refer the account to a collection agency, attorney, or other debt-recovery service.
  2. To the extent permitted by applicable law, the customer shall be responsible for reasonable costs associated with collecting the outstanding balance, including collection fees, court costs, and reasonable attorneys’ fees.

4. Taxes, Duties & Withholding

  1. Prices quoted by American Car Wash Solutions do not include sales taxes, use taxes, withholding taxes, duties, tariffs, customs charges, or other governmental fees unless expressly stated otherwise.
  2. The customer is responsible for all applicable taxes, duties, fees, and governmental charges associated with the purchase or delivery of products and services.
  3. If any jurisdiction requires the customer to withhold an amount from payment to American Car Wash Solutions, the customer remains responsible for ensuring that American Car Wash Solutions receives the full invoiced amount unless otherwise agreed to in writing.

5. Performance & Limitation of Responsibility

  1. American Car Wash Solutions will make commercially reasonable efforts to provide products and services within agreed schedules and specifications. However, estimated production, shipping, installation, and completion dates are not guaranteed unless expressly stated in a written agreement.
  2. American Car Wash Solutions shall not be responsible for delays or failures caused by circumstances outside its reasonable control, including supplier delays, transportation interruptions, material shortages, labor disruptions, weather, natural disasters, utility interruptions, governmental actions, or other events beyond its control.
  3. American Car Wash Solutions shall not be required to defend, indemnify, or participate as a third party in claims made against the customer by the customer’s own clients, consumers, contractors, or other third parties except where expressly required by a separate written agreement.

6. Claims, Shortages & Damage

  1. Any claim concerning missing products, incorrect products, visible damage, defective merchandise, or discrepancies in an order must be reported to American Car Wash Solutions within eight (8) days of delivery or completion of the applicable service.
  2. Claims should include the applicable invoice or sales order number, product information, a description of the issue, and photographs or other supporting documentation when applicable.
  3. Failure to notify American Car Wash Solutions within this period may affect the customer’s eligibility for replacement, credit, or other corrective action, subject to applicable law and any applicable product warranty.

7. Governing Law

  1. These Terms and Conditions and all transactions with American Car Wash Solutions shall be governed by and interpreted in accordance with the laws of the State of New York and applicable laws of the United States, without regard to conflict-of-law principles.