so you are saying contract law goes out the window, becuase Infiniti told them to wash the cars?

Although I do agree, the contract needs to be worded correctly, and be tangibly enforcible. (ie, if the contract doesn't explicitly spell out what the recourse is, then you'd have to prove what happened, and what the damages are, which is terribly difficult. Now if it just laid out a flat fee or something, such as: If party A does B or fails to abide by the terms set forth in exhibit X, then party A must compensate party C with amount D, then the terms of the breach are obvious. The less gray the better)

Maybe I'm just biased becuase in my profession I have to talk to our contract lawyers all the time

Good luck getting them to sign it tho.

 

I just don’t understand why they can’t follow simple directions. I did not add this fact in my original post which is that my service rep called me in the middle of the day to ask if I wanted a wash. This was hours after he wrote “No Wash” on the sheet. I told him “no” then as well. What would you do if you were served something at a restaurant which you did not order? Do they charge you for it anyway? The restaurant’s loss is like the service department reimbursement.

I like the service department I go too. They treat me well and I have little to complain about, but they are pushing me to the point where I will take my business elsewhere. I am not about to take the day off and bring a lawn chair.

In my situation, I don’t really care what will happen when I present my contract to them. If I leave and experience the same service at a different Infiniti service department, I will not own an Infiniti brand of vehicle!!

I don’t need to spend time, effort and money battling people who do not follow directions. If you can’t do it, you are out. If I can’t do it, I am out. When both parties get the job done correctly, repeat business will follow. It is simple business procedure.

This is just they way I cut through life. My mom hates this quality I hold. Sometime, I feel I need to carry my gun around to counter a gun pointed at me. If I am going to sign a contract when I visit the service department, I will bring my own.

I don’t think the owner of the franchise needs to sign the contract, but the service manager’s and service rep’s autograph should help it hold up in court.

Presenting it to them will either;

1. Show them I mean business, therefore they will pay attention/follow direction or pay consequences.
2. Show me that they do not intend or are not confident in their ability to follow the contract.

If they will not sign it, I will leave the service department. I will go somewhere else and begin a new image and business relationship. I am a busy person, like most people, and I don’t have time to watch everyone I do business with. I am on a constant search for excellent performance from the people and placed I exchange money and service/products with. If Infiniti service shops can't do it, they will be out.



Simple rough draft;
Date


I, ___________________ a Service Department Advisor for ________________ Infiniti Service Department am in agreement to not provide a complementary automobile wash for ____________________’s vehicle on their current service visit. If the automobile is washed _____________ Infiniti Service Department will reimburse this customer $150.00USD.


Service Department Advisor:


__________________________
Signature/ Date

Service Department Manager:


__________________________
Signature/ Date

Customer:


__________________________
Signature/ Date



Is this black and white enough?

 

No, it was a "Towing Service" and we ran flatbeds only. You see, there are two types of towing... "consensual", and "non-consensual". Basically if you have a wreck and the cops show up, they call whatever company they have a contract with to tow your car, (whether you want them to or not). That's NON-consensual. Now if your car breaks down, and you can clear the roadway, then you call who you want, IE; consensual. Same thing for private trespass towing. Your car gets towed and impounded, that's non-consensual. (And you'll get seriously ripped off when paying the bill.)

Several local companies that were not located within the city (mine included) as well as one from S. GA and another from FL had to file suit against the City of Atlanta back in 89 to prove the difference. They wanted to put us all in the same catagory, AND have us pay fines and registration fees which was a direct conflict with existing State laws as well as Federal laws, not to mention the Interstate Commerce Commission. They stubbornly fought it, all the way to the Supreme Court. The City of Atlanta lost!

Basically what I'm saying, is there is a difference between the companies you call to tow your car. Whether they think of themselves as professionals and treat you as a client, and your car as their own, or they think of themselves as 'wrecker drivers' and just drag your car down the road. I used to say, Hey, I'm a towing operator, the [wrecker] is the guy that slips in the backdoor to see your wife after you leave for work.

 

Legal contracts between lawyers are thrown out of court every day, do you really think you can draft one up?

You dont need any of this junk. Clearly mark that you dont want the wash on the service form you fill out when you deliver the vehicle, and contact your local consumer protection agency (usualy the state's attorney general), and advise them that a dealer is repeatedly performing service on your vehicle that you expressly advised them in writing NOT to perform. Simple as that.

As for avoiding it ending up in the wash: I tape an index-card sized piece of neon green paper to the air bag, on it says "DO NOT WASH CAR", and it's never once ended up in the paint-chucker....

 

This might help dealership to pay more att and make sure that car does not get washed, but I don't think it would work in court.
But if it helps at the initial point..........There would be no need taking it to court.

 

that sounds ignorant for a dealership that they will wash it even though you said no. my dealership all cars are washed by hand not a machine adn we use hog hair brushes that don't scratch or leave marks.... also use a spot free rinse system w/ chamois.....

it saves us time not to wash your car -- more people complain why we don't wash their car when it's 10 degrees out.

i would just call up consumer affairs and make a note about the dealership washing your car when you say you don't want them to... thats all you can do nothing further in my knowledge
good luck

 

06 coupe my family also has a towing division within our dealership now towing to most that i know is when you need your car towed do to not being about to move for some reason... you said you towed show cars? mostly those cars all start run and drive safely... im not really disagreeing with you but in my eyes and many others that is a transportation company

 

This may sound so simple but why not just get a yellow 8.5 x 11 sheet of paper and put DO NOT WASH on it then tape it to the inside of the windshield where anyone driving it would see it?

My local dealer has something like that they set on the dash of my car each time. They have never washed it by accident.

 

No dealership is going to sign a contract come on this is a bit extream.

 

A minor point but, you are mistaken. Getting the signature of the service advisor will be enough to bind the entire dealership. Otherwise, anyone doing business with General Electric would have to get 300,000 (just a wild guess on how many employees they have) signatures to bind them to a contract.

To the OP, your contract looks very good for a non-attorney. I would do a search on google for language on liquidated damages for the $150 you'll be asking for. IIRC from my classes a long time ago, you'll have to put in language with something to the effect that 'because the damages will be difficult to determine..._____ Infiniti will pay $150 for a breach of this contract..."

As for the 'not having a legal foot to stand on....' I disagree. You have a very simple case of negligence besides a breach of contract. Duty, breach, causation, and damages. As was mentioned before, the damages will be the hardest to determine but should be taken care of with the liquidated damages clause. You could also take a picture of the car's finish before going in. Take a picture of the car (if washed) after. Get a receipt from a detailer for his work and take another picture of the car after he's done. Here's my car before the wash. Here's my car after the wash. Here's what I had to pay the detailer to get my car to the 'pre loss' condition.

You don't even need a written contract to enforce this.
1. Did you and the SA agree to not wash the car? Yes
2. Was the car washed? Yes
3. Was there any damage as a result of the breach? Yes. Here are the before and after pics.
4. What were the damages? Here's a receipt for the detailers work.
Judgment for the Plaintiff.

 

ya i agree with you. ive only took my car in for service once and i told them ..do not wash my car.made shure they wrote it down. i go outside to see that there washing my car..i havnt taken my car to Glendale infiniti since

 

I am getting some great responses. Draft #2 is much stronger in blocking backdoor problems. What to you think of the price?

I hope this tread is useful to others here.

G35 Mass,

“Legal contracts between lawyers are thrown out of court everyday, do you really think you can draft one up?”

Yes I do. What says I can’t?

Justice76,

“No dealership is going to sign a contract come on this is a bit extream.”

Not at all, like da mayor said it is ignorant. Refer to my previous posts to see that I will not waste anymore time and money fixing their errors.

AL503,
Thanks for the recommendations. That clause should help tight the contract up.

Everyone,
I have tired the notes. Like I said before, I will give them one more chance with a note and contract. I wish I did not have to act this way. I wish life was peaceful and pleasant, but that is not reality (all the time). I have to protect my property and money. When someone unintentionally or ignorantly disrupts this boarder, I am only forced to act. I apologize to the members who don’t like my actions. I am a nice guy at heart, but when you stirrup my feet, samurai swords come out.


Simple rough draft #2,
Date


I, ___________________ a Service Department Advisor for ________________ Infiniti Service Department am in agreement to not provide a complementary automobile wash for ____________________’s vehicle on their current service visit. If the automobile is washed during this appointment, this Infiniti Service Department will reimburse the customer for liquidated damages totaling $150.00USD for a breach of this contract within two (2) weeks of the signed date. If any provision of this contract is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this contract shall remain in full force and effect.


Service Department Advisor:


__________________________
Signature Date

Service Department Manager:


__________________________
Signature Date

Customer:


__________________________
Signature Date

 

This is the toned down version. I am going into the shop soon and I will see what happens.



Date


I, ___________________ a Service Department Advisor for ________________ Infiniti Service Department am in agreement to not provide a complementary automobile wash for ____________________’s vehicle on their current service visit. If the automobile is washed during this appointment, this Infiniti Service Department will reimburse the customer for liquidated damages totaling $150.00USD for a breach of this understanding within two (2) weeks of the signed date. If any provision of this contract is held unenforceable, then such provision will be modified to reflect the customer’s intention. All remaining provisions of this understanding shall remain in full force and effect.


Service Department Advisor:


__________________________
Signature Date

Customer:


__________________________
Signature Date

Other:


__________________________
Signature Date

__________________________
Occupation

 

Let us know how it goes I'd be curious what their excuse is if they refuse... If they refused I'd ask them something like, "Why do you refuse? Because you can't hold your own people accountable?"

 

The service advisor said he could not sign for the owner of the dealership. If I want to clear it, the owner has to sign it. I did say that it shows no confidence in their service department. The advisor then put two more signs saying, “Don’t Wash” on the car. I already had one on the car. To reassure my acceptance, he said that he would personally pay me $150, but that will not hold in court because I did not record or have it written down. I will just have to wait to get my car back. I have pictures of the condition the car was in before it went to service. I will see the vehicle before I pay. If they do wash it, I will get the police to cite the action to support my BBB complaint.



Why does it have to be this way? If they can’t follow directions, why should I trust their maintenance service?