Terms and Conditions for On the Spot Oil LLC

These Terms and Conditions (“Terms”) govern the use of services provided by On the Spot Oil LLC (“Company,” “we,” “us,” or “our”). By engaging our services, you (“Customer,” “you,” or “your”) agree to be bound by these Terms. If you do not agree, do not use our services. We reserve the right to update these Terms at any time, and continued use constitutes acceptance of changes.

1. Services Provided

We provide mobile automotive services, including but not limited to oil changes, battery replacements, fluid top-offs, wiper blade installations, air filter replacements, and cabin air filter replacements. All services are performed at your specified location, subject to the conditions outlined below.

• Right to Refuse Service: The Company holds the right to refuse service to any person for any reason. The Company is not required to provide a reason.

• Geographical Restrictions: Services are available only within designated service areas as determined by the Company. Geographical restrictions apply, and we reserve the right to refuse service outside these areas or where travel is impractical or unsafe.
• Work Area Requirements: You must provide a safe, level area for all work to be performed. We will not proceed with services if the area is uneven, hazardous, or otherwise unsuitable, and we are not liable for any issues arising from non-compliance with this requirement.

2. Payment Terms

Payment is due in full upon completion of services. We accept various payment methods as specified at the time of booking.

• Non-Payment Consequences: Failure to make payment once services are rendered will result in a mechanic’s lien being placed on your vehicle. Your car keys will not be returned until full payment is received, and we may pursue all legal remedies available under applicable law to recover amounts owed, including storage fees and legal costs.

3. Waiver of Liability

By using our services, you acknowledge and agree to the following waivers:

• You waive any and all claims against the Company, its employees, agents, and affiliates for liability arising from or related to the automotive work performed, including but not limited to oil changes, battery replacements, fluid top-offs, wiper blade installations, air filter replacements, and cabin air filter replacements, engine flushes or any of work or service performed.
• The Company is not responsible for any damage to your vehicle while it is in our care, including but not limited to pre-existing conditions, incidental damage during service, or any subsequent issues. You assume all risks associated with the services and agree to hold us harmless from any claims, losses, damages, or expenses.

All services are provided “as is” without warranties of any kind, express or implied, including warranties of merchantability or fitness for a particular purpose.

4. Dispute Resolution and Arbitration Agreement

Any dispute, claim, or controversy arising out of or relating to these Terms, our services, or your relationship with the Company (collectively, “Disputes”) shall be resolved exclusively through binding arbitration, rather than in court, except as otherwise provided below.

• Pre-Arbitration Notice Requirement: Before initiating arbitration, you must first send a written notice of the Dispute to us at our registered address, describing the nature and basis of the claim and the specific relief sought. We will have 90 days from receipt of the notice to attempt to resolve the Dispute informally. If the Dispute is not resolved within this period, either party may then proceed to arbitration.
• Arbitration Process: Arbitration will be administered by a neutral arbitrator under the rules of the American Arbitration Association (AAA) or a similar organization, in a location mutually agreed upon or as determined by the arbitrator. The arbitrator’s decision shall be final and binding, with limited rights of appeal.
• Jury Waiver: You and the Company hereby waive any constitutional or statutory right to go to court and have a trial in front of a judge or jury. Arbitration must be on an individual basis; class actions or representative proceedings are not permitted.
• Costs: Each party shall be responsible for their own costs and expenses related to the arbitration, including attorney’s fees, unless otherwise awarded by the arbitrator under applicable law.

This arbitration agreement survives termination of these Terms and applies to all Disputes, regardless of when they arose.

5. Governing Law

These Terms shall be governed by the laws of the State of Alabama, without regard to conflict of law principles.

6. Miscellaneous

• Severability: If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force.
• Entire Agreement: These Terms do not constitute the entire agreement between you and the Company.  You also agree to the terms of Square and any and all part or fluid manufacturer. Any claim The Company makes regarding any specific part or fluid is that of the part or fluid manufacturer and any disputes, damages, claims, or losses arising are the responsibility of the part or fluid manufacturer.
• Contact: For questions, contact us at [email protected]

By proceeding with our services, you confirm that you have read, understood, and agree to these Terms.