Legal Help Needed for Drafting a Contract regarding NO WASH for Service Department
Legal Help Needed for Drafting a Contract regarding NO WASH for Service Department
I have had my G35c serviced by the Ardmore Infiniti Shop is PA for over a year. They know me. They know I am meticulous about my car. I have instructed them numerous times to not wash my car. I have put signs on my windows and made sure that no wash was selected on my service sheet. They do not wash the car every time. But when they do, as you all know, they scratch it up and mess up the windows. I just don’t understand it anymore. Can they read?
Now, I know there may have been an error on my part from this last visit. In the service sheet picture it shows Yes for wash, but the service advisor wrote NO WASH on the sheet and I signed it. I will not do this again.
I have decided to start this tread with the goal of drawing up a legally binding contract for G35Drivers to present to their service department advisors, who wish to not have their car washed. This contract should hold the service department liable for reimbursement to the customer for third party detail expenses after neglecting to follow the service sheet no wash option. Anyone who works in the legal field or has taken legal classes would be appreciated for their help in drafting this contract. I know I am not the only one who has had this happen to them. I will draft something soon and post it here. I hope the members of this forum participate and embrace this fight back against the service department’s delinquencies. They have pushed me to far this time, time to snap back.
Now, I know there may have been an error on my part from this last visit. In the service sheet picture it shows Yes for wash, but the service advisor wrote NO WASH on the sheet and I signed it. I will not do this again.
I have decided to start this tread with the goal of drawing up a legally binding contract for G35Drivers to present to their service department advisors, who wish to not have their car washed. This contract should hold the service department liable for reimbursement to the customer for third party detail expenses after neglecting to follow the service sheet no wash option. Anyone who works in the legal field or has taken legal classes would be appreciated for their help in drafting this contract. I know I am not the only one who has had this happen to them. I will draft something soon and post it here. I hope the members of this forum participate and embrace this fight back against the service department’s delinquencies. They have pushed me to far this time, time to snap back.
yeah, same here... everytime I've taken it in and requested not to wash, they always ignore it and start washing the car anyway. I've yelled at my share of managers about this, they really seem to care less. Luckily they've never done any damage, but maybe because the farthest they've gotten is getting the car wet. I'd use a contract like this for sure, don't know if the dealerships would go for it though...
I think you're going to have trouble finding a legal leg to stand on; I do have some advice though; go to another dealership.
I'll watch this thread, I'd love if you were able to actually figure this out.
When I had my G35 I took it to Agincourt Infiniti; the service manager knew I was a detailer, all the service guys knew - in fact, I'd done work for them. I had "no wash" on my file, on a piece of paper in the car, and told them more than once that if they ever washed my car they would never see me again. You see where this is going, right? I brought it in once and it had paint on it (long story) that I had not removed yet, so they did me a favor and removed it for me with scrubbies. They never saw me again, that's really all you can do afaik.
I'll watch this thread, I'd love if you were able to actually figure this out.
When I had my G35 I took it to Agincourt Infiniti; the service manager knew I was a detailer, all the service guys knew - in fact, I'd done work for them. I had "no wash" on my file, on a piece of paper in the car, and told them more than once that if they ever washed my car they would never see me again. You see where this is going, right? I brought it in once and it had paint on it (long story) that I had not removed yet, so they did me a favor and removed it for me with scrubbies. They never saw me again, that's really all you can do afaik.
Last edited by Picus; Feb 8, 2007 at 05:55 PM.
This couldn't be easier................
After the service writer is finished ask him to see the clipboard.....take a
black marks-a-lot and write across the face "Don't wash my G." This might
get their attention. Last time I let anyone was my car was when my Z had
been in for service for four days.....the retard washed my car but he locked
the keys in the car with no way to get them out........another fun day!
black marks-a-lot and write across the face "Don't wash my G." This might
get their attention. Last time I let anyone was my car was when my Z had
been in for service for four days.....the retard washed my car but he locked
the keys in the car with no way to get them out........another fun day!
Picus112,
Your work looks great from the pictures I have seen. I worked in a detail shop for a few years. It is therapeutic.
I will let small claims court decide the outcome or maybe the cops at their service department will make the managers heart beat. The only problem I see right now is that I may have a difficult time winning the cost of the detail because I don’t have time to build a data base for proving the scratches were there before. I know the car is used and scratches happen, but I know the free washes damage my paint and I want it returned to its state prior to the service.
I have considered going to another dealership. Luckily, there are 4 others within 100 miles of me. But what is to say that “new” service department will be any better? Why do I need to walk around with contracts and video camera in life? Why do I have to test universal dealerships for their quality? It makes me want to sell the car. I have never had this problem with any other brand. I really was thinking about getting a 09 coupe, modding my current car or making it a grocery getter and buying something like the e92 M3. Now I don’t even want the car because of the headaches from the service department. The new coupe is definitely out. I don’t care how good of a car it is. I will not buy one. I thought that the service department area of the auto industry was its bread and butter. Ardmore Infiniti has bad service.
I read a book which I have adapted into my life which is expressed above. The book is “Winning through Intimidation” by Robert Ringer. This book is about a man’s relentless path to becoming a real estate power seller. The book is great, but I don’t intend to be in real estate. It talks about how to power your way through life, don’t let things stand in our way, eliminate the weak and defense, defense, defense. A must read for anyone in my opinion.
So what are my options?
1. Sell it, buys something else- problem solved.
2. Do nothing.- same BS
3. Keep it.
a. Go to a non-Infiniti service shop. This, I think, could cause problems down the line due to inexperience with the car. Plus, I don’t know any shops.
b. Return to an Infiniti service departments with contracts.
Robert Ringer’s answer would probably be #3 A or B; bios towards A. Then option #1. I will stay with the same shop, for now. I do not know any good shops in my area who work on Nissans. I don’t have that much time to spend on this issue. This is already enough. I have lost both time and money from their inability to read or follow directions. I will just have to protect myself with contracts and photos for the future.
Draft will be published in a few days. Approval from lawyers would be appreciated; no references will be used if it is used in court.
Picus112, do you have a contract or agreement which you make your customers sign?
-Bellefonte
Your work looks great from the pictures I have seen. I worked in a detail shop for a few years. It is therapeutic.
I will let small claims court decide the outcome or maybe the cops at their service department will make the managers heart beat. The only problem I see right now is that I may have a difficult time winning the cost of the detail because I don’t have time to build a data base for proving the scratches were there before. I know the car is used and scratches happen, but I know the free washes damage my paint and I want it returned to its state prior to the service.
I have considered going to another dealership. Luckily, there are 4 others within 100 miles of me. But what is to say that “new” service department will be any better? Why do I need to walk around with contracts and video camera in life? Why do I have to test universal dealerships for their quality? It makes me want to sell the car. I have never had this problem with any other brand. I really was thinking about getting a 09 coupe, modding my current car or making it a grocery getter and buying something like the e92 M3. Now I don’t even want the car because of the headaches from the service department. The new coupe is definitely out. I don’t care how good of a car it is. I will not buy one. I thought that the service department area of the auto industry was its bread and butter. Ardmore Infiniti has bad service.
I read a book which I have adapted into my life which is expressed above. The book is “Winning through Intimidation” by Robert Ringer. This book is about a man’s relentless path to becoming a real estate power seller. The book is great, but I don’t intend to be in real estate. It talks about how to power your way through life, don’t let things stand in our way, eliminate the weak and defense, defense, defense. A must read for anyone in my opinion.
So what are my options?
1. Sell it, buys something else- problem solved.
2. Do nothing.- same BS
3. Keep it.
a. Go to a non-Infiniti service shop. This, I think, could cause problems down the line due to inexperience with the car. Plus, I don’t know any shops.
b. Return to an Infiniti service departments with contracts.
Robert Ringer’s answer would probably be #3 A or B; bios towards A. Then option #1. I will stay with the same shop, for now. I do not know any good shops in my area who work on Nissans. I don’t have that much time to spend on this issue. This is already enough. I have lost both time and money from their inability to read or follow directions. I will just have to protect myself with contracts and photos for the future.
Draft will be published in a few days. Approval from lawyers would be appreciated; no references will be used if it is used in court.
Picus112, do you have a contract or agreement which you make your customers sign?
-Bellefonte
Bellefonte - if I were you I would contact another Infiniti dealership; ask for the service manager and explain to him the situation you've found yourself in. Tell him that if he can personally guarantee your car will never be washed at his dealership you'll be happy to bring him your business. The first time you go in have him put a no wash note on your file. I think realistically given the time constraints of coming up with an actual legally binding contract (and the issue of getting anyone to sign it), this is your best option outside selling the car.
Of course if you *can* have him sign it, by all means do so.
The only time I have customers sign anything is when I do engine cleaning. I have never had an issue however I've been asked to clean some engines where an issue could have arisen (not from my work) so I have them sign a disclaimer. I do carry insurance in case anything goes awry; luckily it hasn't.
Of course if you *can* have him sign it, by all means do so.
The only time I have customers sign anything is when I do engine cleaning. I have never had an issue however I've been asked to clean some engines where an issue could have arisen (not from my work) so I have them sign a disclaimer. I do carry insurance in case anything goes awry; luckily it hasn't.
if your going to draft a contract make you get it notorized. This way it could hold up in court.
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As a lawyer, I can say that you really have no leg to stand on if you are attempting to bring a case for the "alleged" damage that was done in one car wash. Yes, I know that those idiots can do a lot of damage in one wash. However, your average judge will not understand what many of us understand about improper washing techniques. You will lose. Then, depending on where you are, you will have to pay the dealership's court costs. Don't even bother.
With regard to the contract that you propose, I think it is a waste of time. Again, you need to have DAMAGES in order to win a lawsuit. Also again, you would have the problem of convincing a judge in small claims court that the probably minor swirls that were caused by the wash were caused by the wash and actually constitute recoverable damage. Realistically, the average person will look at micromarring and swirls and go: "Huh?" Most people would think you paint is awesome compared to their own paint and think you are a jerk. The only way you could use a contract to ensure winning in court would be to include a clause that provides for X amount of $ if the car is washed, regardless of any actual damage to the paint. NO dealership or anyone else will sign that. Ha.
That being said, I agree that it sucks about the wash.
With regard to the contract that you propose, I think it is a waste of time. Again, you need to have DAMAGES in order to win a lawsuit. Also again, you would have the problem of convincing a judge in small claims court that the probably minor swirls that were caused by the wash were caused by the wash and actually constitute recoverable damage. Realistically, the average person will look at micromarring and swirls and go: "Huh?" Most people would think you paint is awesome compared to their own paint and think you are a jerk. The only way you could use a contract to ensure winning in court would be to include a clause that provides for X amount of $ if the car is washed, regardless of any actual damage to the paint. NO dealership or anyone else will sign that. Ha.
That being said, I agree that it sucks about the wash.
Last edited by Cassman; Feb 9, 2007 at 12:06 PM.
the service manager should offer a free detail (of your choice). I do get calls often to correct the damage like this car.
after a wash the whole car was like this even though he had a sign in the window.

after 12 hours
after a wash the whole car was like this even though he had a sign in the window.

after 12 hours
Cassman,
Thanks for the advice.
“The only way you could use a contract to ensure winning in court would be to include a clause that provides for X amount of $ if the car is washed, regardless of any actual damage to the paint.”
This statement is what I figured would be the only way for my case to hold up in court. I am not studying law, but I believe this is the correct way to deal with the situation. I guess a parallel situation would be if I went through a fire exit door in a department store, which had a sign that said the alarm will sound, when there was no fire. I guess I would be held liable for any damages to the store and/or fire department fees.
Having the dealership sign the contract is a problem in itself, but the answer is easy in my situation. The next time I go to Ardmore I will bring the contract. If they do not sign it, I will take my business to another dealership.
It is funny how a wash can send a customer away from a dealership. I have 60K on my G now and will be doing a transmission/differential flush and having the clutch and brakes replaced within the year. This is money that the dealership should see in the pipeline from me, if only they acted with more customer respect they might get it.
Some say drafting this contract is a waste of time. I don’t think so. I think driving around to different dealership, at this juncture, is a waste. I will give Ardmore Infiniti another chance, but just one mistake and I will never return. The contract is the only answer for my defense. The fact that I even have a contract should also grab the attention of the service department reps by showing that something is wrong here.
This contract will be short and sweet. I will get to it soon, sorry HW is priority right now.
Thanks for the advice.
“The only way you could use a contract to ensure winning in court would be to include a clause that provides for X amount of $ if the car is washed, regardless of any actual damage to the paint.”
This statement is what I figured would be the only way for my case to hold up in court. I am not studying law, but I believe this is the correct way to deal with the situation. I guess a parallel situation would be if I went through a fire exit door in a department store, which had a sign that said the alarm will sound, when there was no fire. I guess I would be held liable for any damages to the store and/or fire department fees.
Having the dealership sign the contract is a problem in itself, but the answer is easy in my situation. The next time I go to Ardmore I will bring the contract. If they do not sign it, I will take my business to another dealership.
It is funny how a wash can send a customer away from a dealership. I have 60K on my G now and will be doing a transmission/differential flush and having the clutch and brakes replaced within the year. This is money that the dealership should see in the pipeline from me, if only they acted with more customer respect they might get it.
Some say drafting this contract is a waste of time. I don’t think so. I think driving around to different dealership, at this juncture, is a waste. I will give Ardmore Infiniti another chance, but just one mistake and I will never return. The contract is the only answer for my defense. The fact that I even have a contract should also grab the attention of the service department reps by showing that something is wrong here.
This contract will be short and sweet. I will get to it soon, sorry HW is priority right now.
honestly you wont win in court in my eyes becasue they are doing what infiniti tells them to... as far as bringincops in that will make you the msot hated customer at all the infiniti dealerships also most dealerships wont sign it and when they dont what are you going to do???
Last edited by CERTAUTOG35; Feb 12, 2007 at 09:37 PM.
Your best bet is to kill a day and watch them do all the service work on your car. This means nO service loaner, just good old fashioned stalking the service tech. They will either love your passion or hate that they are being stalked.
I'll agree with others, in that you don't have a legal case here. Now if somehow you DID manage to draw up a letter/contract and have the entire service dept. sign it as well as the dealership manager AND the owner... you MIGHT have something to go on. Sad but true.
That being said... You could do a simple vehicle inspection form like is used in the transportation of vehicles. There would be check boxes for components, as well as a diagram of the overhead, left, right, front and rear of the car. You then go over the car with the service writer and have him sign off on any and all scratches, nicks, dents, etc. Then have him (and you) initial photos from all angles, showing the car and pointing out ANY area that might have even the slightest damage. That WILL cover your ***, but you need to do it both when you LEAVE the car AND when you pick it up.
Believe me, every transportation company out there that does show cars has a similar form, as well as the boiler plate verbage. It's there to cover their ***, and if the car is damaged in transport then it covers the vehicle owner just as well. Albeit at that time you'll be dealing with their insurance company, not them directly.
One might ask... how do you know these things? Uhhhhh... owned a towing service (not a wrecker service --- BIG difference) for 18 years. I specialized in Hi-Line cars. (IE: MB, BMW, Porsche, all the European sports cars, Panoz [ both street and race cars], plus God knows how many times I've been in and out of the World of Wheels show. (Now that's fun, but SUCKS the day everyone wants their cars there, and even worse come Sunday night when the show's over!)
Also did Car-Max three Atlanta stores on a daily basis. Those guys move hundreds of cars a week just around town, to and from auctions, to and from their own lots, both used as well as keeping new stock rotated. Then don't even think about how many they move to/from other states as far as Texas and into Virginia we did monthly.
Bottom line is if you have the form, fill it out, and make it known that they'll be held responsible, as they've SIGNED the darned thing.
Enough of this and they'll get the message not to screw with your car.
Speaking of getting screwed by a car wash...
I've a life long friend that was in the pressure washing business back in the late 80's early 90's. Big monster super heated, truck mounted, fire breathing *****. He was at a Gulf station (now BP) cleaning the car wash. Had bright orange cones up blocking everything and yellow "caution" ribbon. Well he went to lunch and left his water hoses in the car wash. Took the rig with him as it was mounted in the truck, but the garden hoses stayed on-site. Wouldn't-cha know it... some stupid moron MOVED the cones after doing a fill-up and drove into the car wash. Within seconds the big wheel on the top had grabbed a 75' hose and coiled it up, slinging the BIG FREAKING END around and around and around and around and around and around for the entire length of the cycle. BEAT THE LIVING HELL outta' the moron's car. Took out the hood, trunk, some fender damage on both ends, and BOTH windshields, as well as a tail light!
Being as he wasn't "on-site", he wasn't responsible. Gulf passed it off to the attendent on duty. I think they totalled the car.
Imagine what he was thinking... sitting there, TRAPPED and getting the living snot beat out of the car!

That being said... You could do a simple vehicle inspection form like is used in the transportation of vehicles. There would be check boxes for components, as well as a diagram of the overhead, left, right, front and rear of the car. You then go over the car with the service writer and have him sign off on any and all scratches, nicks, dents, etc. Then have him (and you) initial photos from all angles, showing the car and pointing out ANY area that might have even the slightest damage. That WILL cover your ***, but you need to do it both when you LEAVE the car AND when you pick it up.
Believe me, every transportation company out there that does show cars has a similar form, as well as the boiler plate verbage. It's there to cover their ***, and if the car is damaged in transport then it covers the vehicle owner just as well. Albeit at that time you'll be dealing with their insurance company, not them directly.
One might ask... how do you know these things? Uhhhhh... owned a towing service (not a wrecker service --- BIG difference) for 18 years. I specialized in Hi-Line cars. (IE: MB, BMW, Porsche, all the European sports cars, Panoz [ both street and race cars], plus God knows how many times I've been in and out of the World of Wheels show. (Now that's fun, but SUCKS the day everyone wants their cars there, and even worse come Sunday night when the show's over!)
Also did Car-Max three Atlanta stores on a daily basis. Those guys move hundreds of cars a week just around town, to and from auctions, to and from their own lots, both used as well as keeping new stock rotated. Then don't even think about how many they move to/from other states as far as Texas and into Virginia we did monthly.
Bottom line is if you have the form, fill it out, and make it known that they'll be held responsible, as they've SIGNED the darned thing.
Enough of this and they'll get the message not to screw with your car. Speaking of getting screwed by a car wash...
I've a life long friend that was in the pressure washing business back in the late 80's early 90's. Big monster super heated, truck mounted, fire breathing *****. He was at a Gulf station (now BP) cleaning the car wash. Had bright orange cones up blocking everything and yellow "caution" ribbon. Well he went to lunch and left his water hoses in the car wash. Took the rig with him as it was mounted in the truck, but the garden hoses stayed on-site. Wouldn't-cha know it... some stupid moron MOVED the cones after doing a fill-up and drove into the car wash. Within seconds the big wheel on the top had grabbed a 75' hose and coiled it up, slinging the BIG FREAKING END around and around and around and around and around and around for the entire length of the cycle. BEAT THE LIVING HELL outta' the moron's car. Took out the hood, trunk, some fender damage on both ends, and BOTH windshields, as well as a tail light!
Being as he wasn't "on-site", he wasn't responsible. Gulf passed it off to the attendent on duty. I think they totalled the car.
Imagine what he was thinking... sitting there, TRAPPED and getting the living snot beat out of the car!
06 Coupe you owned a transportation company not a towing service b/c towing and a wrecker service are one in the same you tow disabled vehicle transporting is when they run and are in good mechanical condition...



