Intake Agreement

Draft notice. This document is a working draft prepared before counsel review. No vehicle will be accepted for intake until counsel has reviewed it and garage-keepers coverage is in force. Bracketed items are open points.

1. Parties and the vehicle

This Intake Agreement (the "Agreement") is between Go to Hammer ("we", "us") and the account holder who requests intake (the "Seller", "you"). It covers the vehicle identified in the intake request in your account by year, make, model, and VIN (the "Vehicle"). You accept this Agreement electronically in your account before the Vehicle is received; the version number and time of acceptance are recorded with the intake request.

The Terms of Service apply alongside this Agreement. On the subjects this Agreement covers, it controls.

2. What this Agreement is

This is a bailment for service. You are placing the Vehicle in our custody so that we can inspect it, estimate work, perform the work you approve, photograph and document it, and, if issued, certify it. Nothing here transfers ownership of the Vehicle or any interest in it to Go to Hammer.

We are not buying, consigning, brokering, or selling the Vehicle. We will not sign, hold, or endorse the title, and we will not list the Vehicle on any auction venue. You list it, under your own account, on the venue you choose.

3. Your representations

You represent and warrant that:

• you are the registered owner of the Vehicle, or are authorized in writing by the owner to enter this Agreement for it, and will show us the title (or a copy) at intake;
• the title status you entered (clean, rebuilt, salvage, or unknown) is accurate. We do not accept salvage-titled vehicles for certification at this time unless we have agreed in writing beforehand;
• you have disclosed every lien or security interest on the Vehicle. A lienholder's consent may be required before work that materially alters the Vehicle;
• the Vehicle is insured for physical damage and liability under your own policy for the whole time it is with us and in transport;
• the mileage, history, known issues, and modifications you entered are accurate to the best of your knowledge, and you will tell us anything else a reasonable shop would want to know before working on the Vehicle (for example, prior accident repair, fuel or fluid leaks, brake or steering faults, aftermarket electronics, or a known no-start condition).

4. Transport

If you deliver the Vehicle yourself, custody begins when we sign the intake record. If you ask us to arrange transport, we do so as your agent with an independent licensed and insured carrier. The carrier is responsible for the Vehicle while it is in the carrier's possession under the carrier's bill of lading and insurance; custody under this Agreement begins when the carrier delivers the Vehicle to us and we sign the intake record, and ends when the outbound carrier signs for it. We bill the carrier's charge through at cost [plus a coordination fee shown as a line on your estimate]. We do not operate a transport company.

5. Intake record

At intake we photograph the Vehicle, record the mileage, note existing damage and wear, log the items delivered with it (keys, documents, spares, tools), and note anything you tell us. You will receive the intake record in your account. If you disagree with it, tell us within 48 hours; otherwise it stands as the record of the Vehicle's condition on arrival.

6. Custody and care

While the Vehicle is in our custody we will:

• keep it indoors, in a locked facility, when not being worked on or road tested;
• maintain garage-keepers legal liability insurance covering vehicles in our care, custody, and control [insurer, limits, and policy number to be inserted before first intake]. Our liability for physical damage to the Vehicle while in our custody is governed by that coverage and by Ohio law applicable to bailees for hire;
• drive it only for diagnosis, road testing, alignment, photography, or moving it between our facility and a subcontractor, and record mileage driven. Road testing is normally limited to [25] miles per job unless a longer test is an approved line;
• use reasonable care with keys, documents, and items left in the Vehicle. Please remove valuables and personal items before intake; we are not responsible for them.

We are not responsible for mechanical failure of parts or systems we did not work on, for pre-existing conditions, or for deterioration inherent to the Vehicle's age (for example, a tired battery, a leaking seal, or a fuel system that objects to sitting), except where caused by our negligence.

7. Inspection authorization

You authorize us to inspect the Vehicle, including road testing, lifting it, removing wheels, undertrays, and trim as needed for inspection, and connecting diagnostic equipment. Inspection is non-destructive unless a specific procedure is an approved estimate line. The inspection fee, if any, is shown in your account before we begin.

8. Estimates, approvals, and change orders

After inspection we send an itemized estimate to your account. We do no chargeable work on a line you have not approved. Approving a line authorizes the work and the charge for that line. If work turns up something new, we stop, add a change-order line, and wait for your decision; work needed to make the Vehicle safe to move or store is limited to what is reasonable and is disclosed as soon as possible. Declined lines are recorded and, if a Certification is issued, appear in its "not addressed" section.

Parts we install are new or as described on the line. Removed parts are returned to you if you ask before the work starts; otherwise they are disposed of.

9. Payment

Charges are made to your card on file as lines are approved and work progresses, as set out in the Terms of Service and shown in your account. The full balance must be paid before the Vehicle is released. If a charge fails we pause work and notify you. Payment by ACH or other means may be offered later.

10. Completion, collection, and storage fees

When the approved work is complete we notify you by email and in your account and agree a release date. Collection is due within 7 days of the completion notice. After that, storage is charged at $[35] per day [confirm rate] until the Vehicle is collected, and the storage charge must be paid before release. We may move a stored vehicle to secure off-site storage and will tell you if we do.

11. Uncollected vehicles and lien

Ohio law gives a shop that repairs or stores a motor vehicle a lien on the vehicle for the agreed charges. [Counsel: confirm citations, currently Ohio Revised Code § 1333.41 (bailee's lien for repair and storage of personal property) and § 4505.101 (unclaimed vehicles left with a repair facility), and the notice procedure.] If the Vehicle is not collected and charges are not paid within 30 days after the completion notice, we may exercise that lien and follow the statutory procedure, which can result in the Vehicle being sold to satisfy the charges. We will send written notice to the address on your account before doing so. This is the only circumstance in which Go to Hammer would ever dispose of a Seller's vehicle, and it is the last resort.

12. Photographs, records, and data

Photographs and records we make during intake, inspection, and work are our work product. You receive them in your account and in your Certification and may use them as the Certification Terms allow. You keep ownership of everything you uploaded. Where you have not approved a listing-photography line, we may still take working photos for the job record. We may use photographs of the Vehicle, with the license plate and any personal items obscured and without your name, to show our work, unless you opt out in writing before intake.

13. Release

We release the Vehicle to you, or to a person or carrier you name in your account, after the balance is paid. We record mileage and condition at release. Custody under this Agreement ends when you or your carrier signs the release record.

14. Cancellation

You may cancel intake at any time before the Vehicle arrives at no charge, except transport costs already incurred. After intake you may stop further work at any time; you remain responsible for approved lines already begun, for parts already ordered for approved lines, and for collection under Section 10.

15. General

This Agreement is governed by Ohio law. The limitation-of-liability, indemnity, and dispute provisions of the Terms of Service apply, except that our liability for physical damage to the Vehicle in our custody is as stated in Section 6. If any provision is unenforceable the rest remain in effect. This Agreement, the intake request, and the estimates you approve are the whole agreement about the Vehicle's time with us.

16. Acceptance

By clicking "I accept the Intake Agreement" in your account you agree to this Agreement, version 1.0, for the Vehicle named in the intake request. We record the time of acceptance and the version. A copy is available in your account at any time.