Dealer Service Agreement

This Dealer Service Agreement ("Agreement") is between Fast Dealer Trade LLC, a California limited liability company ("Fast Dealer Trade," "we," "us"), and the dealership that signs up ("Dealer," "you"). It covers the dealer trade driving service you book through fastdealertrade.com (the "Service"). It works together with our Terms of Service and Privacy Policy. The person who accepts it confirms they're authorized to bind the dealership.

1. The Service

You book a trade online. We offer it to screened drivers, and the driver who accepts:

1. takes your vehicle to the partner dealership you choose;
2. swaps it for the partner's vehicle; and
3. brings that vehicle back to you.

Drivers confirm each vehicle's VIN before taking it and photograph each vehicle at every pickup and drop-off. We don't guarantee a driver will accept every trade, or that a trade will be done by a particular time. We'll tell you promptly if we can't fill a trade.

2. Your responsibilities

For every trade, you confirm that:

• you're authorized to send your vehicle and receive the partner's vehicle, and the partner dealership has agreed to the trade;
• each vehicle is legal and safe to drive on public roads, with working lights, brakes and tires, enough fuel or charge for the trip, and dealer plates, a dealer report of sale or other required temporary registration;
• the VINs, vehicle descriptions and pickup instructions you enter are accurate;
• someone at each store will hand over and accept keys during the hours you listed, and your trade contacts are current; and
• you'll remove personal items, cash and documents not needed for the trade from each vehicle. We aren't responsible for items left in a vehicle.

You keep your own insurance on your inventory. [Attorney/broker: decide whether the Dealer's garage policy is primary for vehicles in transit and ours is excess, or the reverse, and say so here.]

3. Prices and payment

• The price: you see it when you book. It's based on the one-way driving distance between the stores, and it's locked in when you book.
• When you're charged: after the trade is completed. A cancellation fee is charged when you cancel.
• Bank account: by adding a bank account, you authorize Fast Dealer Trade, through Stripe, to debit it for each completed trade and any cancellation fee. You also authorize us to charge your backup card if a bank debit fails or isn't available.
• Card fee: bank (ACH) payments have no fee. A charge to a credit card adds a card fee equal to our cost of accepting the card, up to 3% of the charge, shown as a separate line. Debit and prepaid cards have no card fee.
• Failed payments: if a payment fails, we may pause new bookings until it's resolved.
• Taxes: prices don't include any taxes that may apply.
• Price changes: we may change prices for future trades with at least 30 days' email notice.

4. Drivers

• Who drivers are: they apply with us, pass a driving record check and agree to our Driver Standards. They are independent contractors of Fast Dealer Trade, not your employees or agents.
• Ratings and blocks: you can rate every run and ask not to be sent a specific driver again.
• Hiring our drivers directly: for 12 months after a driver's last run for you, please don't hire or engage them directly to drive dealer trades for you outside the Service. [Attorney: confirm enforceability under California law, or remove.]

5. Vehicle condition and damage claims

1. Photos: drivers photograph each vehicle at every pickup and drop-off. These photos are the record of the vehicle's condition.
2. Reporting: report any damage you believe happened during a trade in writing to admin@fastdealertrade.com within 24 hours of drop-off, with photos. Reports after that may not be accepted.
3. Resolving claims: we review the trade photos and, for covered damage, handle the claim with our insurer or pay the reasonable cost of repair. [Attorney/broker: align with the policy once bound.]
4. What's not covered:
   • damage shown in the pickup photos;
   • mechanical or electrical failures not caused by the driver;
   • wear and tear;
   • tire or windshield damage from road debris;
   • items left in a vehicle;
   • loss caused by inaccurate information you provided, or a vehicle that wasn't safe or legal to drive.
5. Limit of liability: our total liability for any trade is limited to the reasonable cost to repair the vehicle, or its wholesale value if it can't be repaired. It is capped at [the limits of our applicable insurance / $____ per vehicle]. Neither of us is liable to the other for lost profits, lost sales, loss of use or other indirect or consequential damages. [Attorney: confirm the cap and its interaction with insurance.]

6. Indemnification

Each of us will defend and indemnify the other against third-party claims caused by our own negligence, willful misconduct or breach of this Agreement. For you, that includes claims arising from a vehicle you sent that was unsafe, unregistered or not yours to send.

7. Data

We use the information you give us, including vehicle, trade and contact details, only to provide and improve the Service, as described in our Privacy Policy. Trade photos and records are available to you in your account.

8. Term and ending the Agreement

This Agreement starts when you accept it and continues until either of us ends it by email. Ending it doesn't cancel charges for trades already completed or cancelled. Sections 3, 5, 6 and 9 continue after it ends.

9. General

• Governing law: California law governs this Agreement.
• Disputes: [Attorney: choose venue, Orange County, or a dispute-resolution method.]
• Changes: we'll ask you to accept any new version before your next booking.
• Precedence: if this Agreement conflicts with the Terms of Service, this Agreement controls for dealers.
• Assignment: you may not assign this Agreement without our consent.

Questions: admin@fastdealertrade.com