By checking this box, you (the “Customer”), agree to the following terms and conditions set forth by Lube Ninjas LLC (“Lube Ninjas”):

DESCRIPTION OF SERVICES. Upon your agreement, Lube Ninjas will provide to Customer the following automotive services (collectively, the “Services”):

-High quality oil changes in Lawrence, KS with customer’s choice of preselected oil options (circle one) (standard oil, high mileage and full synthetic high mileage)
-On demand engine servicing in Lawrence, KS
-Oil disposal
-Estimate time due before next service

These Services do not include:

-Tire changes
-Fluid flushes
-Brake replacements
-Cleaning
-Engine, vehicle repair

SCOPE OF WORK. Lube Ninjas shall provide all labor and materials, to do the above-described Services for the Customer.

SITE CONDITIONS. Customer acknowledges that this Agreement is based upon Lube Ninjas’ observations of conditions. Conditions which could not be known by a reasonable inspection, such as vehicular failure, engine failure and other vehicular conditions may require extra labor or materials, which are not part of this Agreement. If such hidden conditions are discovered, the Lube Ninjas will notify the Customer and reserves the right to stop all Services.

PAYMENT. Payment shall be made to Lube Ninjas LLC, 3804 Elizabeth ct. Lawrence KS. 66049.

Customer agrees to pay the sum of forty-five U.S. dollars ($45.00) plus costs for parts and oil as follows:

The day the Services are complete: $45.00 plus all remaining costs (parts and oil)

In addition to any other right or remedy provided by law, if Customer fails to pay for the Services when due, Lube Ninjas 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.

TERM. This Agreement will remain in effect for a period of ninety (90) days from execution.

PERMITS: Lube Ninjas shall apply for and obtain such permits and regulatory approvals as may be required by the local municipal/county government.

INSURANCE. Lube Ninjas shall maintain liability insurance. Before commencing the work, Lube Ninjas may furnish a certificate of that insurance to the Customer upon request. The Customer shall maintain automobile insurance on the vehicle to be serviced. Before work begins, the Customer will furnish a certificate of that insurance to the Lube Ninjas.

CHANGE ORDERS. The Customer and/or Lube Ninjas may make changes to the scope of the work from time to time during the term of this Agreement. However, any such change or modification shall only be made by written “Change Order” signed by both parties. Such Change Orders shall become part of this Agreement. The Customer agrees to pay any increase in the cost of the vehicular services as a result of a Change Order. In the event the cost of a Change Order is not known at the time a Change Order is executed, the Lube Ninjas shall estimate the cost thereof and the Customer shall pay the actual cost whether or not it is in excess of the estimated cost.

RESCHEDULING. Lube Ninjas may cancel or reschedule a Services appointment if the Customer is in an unserviceable location (such as uneven ground, high traffic area, private property with no trespass rights, Customer’s vehicle is unsafe to service, or anything that Lube Ninjas deems unsafe).

ACCESS. The Customer will allow free access to their vehicle for workers. Driveways and/or access points will be kept clear for the movement of laborers during work hours and the Customer will seek permission for land/road access to avoid trespass charges. Lube Ninjas will make reasonable efforts to protect the vehicle interior and exterior.

INDEMNIFICATION. Both parties agree to indemnify and hold the other party harmless from all claims, losses, expenses, fees including attorney fees, costs, and judgments that may be asserted against a party that result from the acts or omissions of Lube Ninjas and/or Lube Ninjas’ employees, agents, or representatives, the Customer and/or the Customer’s employees, agents, or representatives.

FINAL INSPECTION. Upon notification by Lube Ninjas of substantial completion of the work, the Customer and the Lube Ninjas shall inspect the work performed and final payment shall be paid.

WARRANTY. Lube Ninjas 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 Lube Ninjas’ community and region, and will provide a standard of care equal to, or superior to, care used by service providers similar to Lube Ninjas on similar projects. Lube Ninjas further warrants that materials to be used are of good quality. Lube Ninjas will maintain all manufacturers warranties. The Customer is limited to the manufacturers warranties (unless an extended warranty has been purchased) for defects in the manufacture of equipment, components and materials. Lube Ninjas’ warranties are limited to the cost of labor and materials only, where they apply, and exclude ordinary wear and tear or abuse by others.

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.

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 seven (7) days from the effective date of such notice to cure the default(s). Unless waived 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.

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, plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or other employee restrictions, 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 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.

ARBITRATION. Any controversies or disputes arising out of or relating to this Agreement shall be resolved by binding arbitration in accordance with the then-current commercial arbitration rules of the Kansas Academy of Mediators and Arbitrators. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Agreement. In the event the parties are unable to agree to such a selection, each party will select an arbitrator and the two arbitrators in turn shall select a third arbitrator, all three of whom shall preside jointly over the matter. The arbitration shall take place at a location that is reasonably centrally located between the parties, or otherwise mutually agreed upon by the parties. All documents, materials, and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other party for review and copying no later than thirty (30) days after the notice of arbitration is served. The arbitrator(s) shall not have the authority to modify any provision of this Agreement or to award punitive damages. The arbitrator(s) shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Agreement.

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.

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.

AMENDMENT. This Agreement may be modified or amended in writing, if the writing is signed by both parties.

GOVERNING LAW. This Agreement shall be construed in accordance with the laws of the State of Kansas.

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, as well as via email with a return receipt and/or response received.

WAIVER OF AGREEMENTUAL 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.

SIGNATORIES: This Agreement is effective as of the date of agreement by the Customer and on behalf of Lube Ninjas by Ben Campbell, owner.

By checking this box, you agree to the terms and conditions set forth in this Service Agreement.