GENERAL TERMS AND CONDITIONS OF SALE – SMARTWASH PRO, LLC
Last Updated: 18-12-2025
1. SCOPE AND ACCEPTANCE
1.1. These General Terms and Conditions (“Terms”) govern the access, navigation, and use of the website www.smartwashpro.com (the “Website”) and the contracting of detailing services offered by SmartWash Pro, LLC, a limited liability company organized under the laws of the State of Louisiana, USA, with its principal office at 15004 Montecino Dr, Hammond, Louisiana 70403 (“Provider”, “we”, or “our”).
1.2. By accessing, browsing, or using the Website, or by requesting any service through it, you (“Client”, “you”, or “your”) declare that you are of legal age, have the legal capacity to contract, and agree to be bound by these Terms, as well as by our Privacy Policy and Cookie Policy. If you are acting on behalf of a legal entity, you declare that you have the necessary authority to bind it.
1.3. The specific service request will additionally be governed by the Online Aircraft Detailing Services Agreement (“Service Agreement”), which is incorporated by reference into these Terms. In the event of a discrepancy between these Terms and the Service Agreement, the provisions of the latter shall prevail regarding the execution of the specific service.
2. SERVICES AND REQUEST
2.1. The Provider offers professional detailing services for aircraft and other high-value assets through its different business verticals (SmartWash Pro Elite, Commercial, and Events). A detailed description of the services (“Services”) is available on the Website.
2.2. To request a Service, the Client must complete the Online Service Request form, providing accurate and complete information, including but not limited to, aircraft tail number, model, location, and type of service required.
2.3. Submitting the Service Request constitutes an offer to contract by the Client. The contract is not finalized until the Client expressly accepts the associated Service Agreement and these Terms, and makes payment according to the selected option.
3. PRICING, PAYMENTS, AND INVOICING
3.1. Service prices are displayed on the Website and will be confirmed in the order summary generated during the request process. All prices are indicated in US Dollars (USD) and include applicable taxes, unless expressly stated otherwise.
3.2. Payment Options: The Client must select one of the following options when submitting the Service Request:
- Option A – Full Prepayment: Payment of 100% of the total amount at the time of request.
- Option B – 50/50 Split: Payment of 50% at the time of request and the remaining 50% upon Service completion, prior to aircraft release.
- Option C – Annual Membership: Payment of a fixed annual fee for a predefined service package. Specific terms regarding renewal, non-transferability, and service expiration are detailed in the Service Agreement.
3.3. Automated Invoicing: By accepting these Terms and the Service Agreement, the Client authorizes the Provider to generate and send electronic invoices according to the selected payment option.
3.4. Mobilization Fee: If the Provider mobilizes personnel and equipment but cannot perform the Service due to circumstances attributable to the Client (e.g., access denied, aircraft not ready), the Client shall pay a non-refundable mobilization fee, as published on the Website.
3.5. Late Payments: Outstanding balances will accrue interest at 1.5% per month, or the maximum allowed by applicable law, whichever is less.
4. CLIENT RESPONSIBILITIES
4.1. The Client is responsible for:
a) Providing complete and accurate information about the aircraft and service location.
b) Ensuring the aircraft is powered down, cool, secured, and stationary during the provision of the Service.
c) Obtaining and covering all necessary permits, access, escorts, and utilities at the airport, FBO, or hangar.
d) Participating in pre-service and post-service inspections.
e) Complying with all airport/FBO rules.
5. LIMITATION OF LIABILITY
5.1. Pre-existing Damage: The Provider assumes no liability for pre-existing damage, defects, or conditions on the aircraft. These will be documented in a joint pre-service inspection (“walkaround”).
5.2. Maximum Liability Cap: The Provider’s maximum aggregate liability for any claim related to the Services, under any legal theory, shall be limited to the total amount of fees paid by the Client for the specific service that gave rise to the claim.
5.3. Exclusion of Indirect Damages: TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROVIDER SHALL IN NO EVENT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE OF THE AIRCRAFT, LOSS OF REVENUE OR PROFITS, FLIGHT CANCELLATIONS, REPOSITIONING COSTS, OR DAMAGE TO REPUTATION.
5.4. Specific Exclusions: The Provider is not responsible for chemical reactions with previously applied non-approved products, natural deterioration of paints/seals, undisclosed sensitive equipment, or coating cure issues due to premature exposure.
6. INSURANCE
6.1. The Provider maintains an Aviation General Liability Insurance policy with Kinsale Insurance Company, with current coverage limits detailed in a summary available on the Website.
6.2. Important Coverage Notice: The standard policy DOES NOT INCLUDE the following coverages, which may require a specific endorsement and additional fee:
- Hangarkeepers Liability: Direct physical damage to the aircraft while in our care, custody, or control.
- Loss of Use: Financial losses of the owner/operator resulting from aircraft grounding due to damage caused during detailing.
- Consequential Damages: As per section 5.3.
6.3. A Certificate of Insurance (COI) naming the Client or the facility as an Additional Insured can be issued upon written request and subject to policy terms.
7. INTELLECTUAL PROPERTY AND MEDIA
7.1. All Standard Operating Procedures (SOPs), methods, training materials, and Website content are the exclusive property of the Provider.
7.2. The Client grants the Provider a limited license to capture and use anonymized exterior photographs of the aircraft for quality control, documentation, and portfolio purposes, unless the Client revokes this consent in writing.
8. CONFIDENTIALITY AND DATA PROTECTION
8.1. Each party shall treat the other’s confidential information with a duty of confidentiality and use it solely for the purposes of this contract.
8.2. The processing of the Client’s personal data is governed by our Privacy Policy, available on the Website. By accepting these Terms, the Client consents to such processing.
9. SERVICE CONDITIONS AND FORCE MAJEURE
9.1. The Provider may postpone or cancel Services due to adverse weather conditions (high winds, lightning, heavy rain) or lack of safe access, without penalty.
9.2. Neither party shall be liable for delays or non-performance caused by force majeure events (wars, natural disasters, pandemics, etc.).
10. GOVERNING LAW AND DISPUTE RESOLUTION
10.1. These Terms and any relationship arising therefrom shall be governed and construed in accordance with the laws of the State of Louisiana, USA, without applying its conflict of law principles.
10.2. The parties commit to resolving any dispute first through good faith negotiations. If not resolved within 30 days, the controversy shall be submitted to binding arbitration in English, in Hammond, Tangipahoa Parish, Louisiana, in accordance with the rules of the American Arbitration Association. The arbitral award shall be final and may be enforced in any competent court.
11. GENERAL PROVISIONS
11.1. Entire Agreement: These Terms, together with the specific Service Agreement, Privacy Policy, and Insurance Summary, constitute the entire agreement between the parties.
11.2. Modifications: The Provider reserves the right to modify these Terms. Changes will be published on the Website and will be effective for Service Requests made after the publication date.
11.3. Electronic Acceptance: By checking the box “I accept the Terms and Conditions” and completing the Service Request, the Client bindingly accepts these Terms. This electronic acceptance has the same legal value as a handwritten signature under ESIGN and UETA laws.
12. CONTACT INFORMATION
For any questions regarding these Terms, please contact us at:
SmartWash Pro, LLC
15004 Montecino Dr, Hammond, Louisiana 70403
Email: legal@smartwashpro.com