Terms and Conditions
REPAIR AND STORAGE AGREEMENT
(1) This Repair and Storage Agreement (the “Agreement”) is entered by and between Svenden’s Boat Works, Inc. (hereafter “Boat Works”) and the Owner (hereafter “Owner”) of the above-entitled vessel (hereafter the “Vessel”) or the person with authority to enter into a binding contract on behalf of Owner to pay for the repairs and/or modifications herein ordered to the Vessel and/or equipment described herein.
(2) Owner agrees to pay for all services, parts and materials described herein and all other incidental services, parts, supplies, and materials which are, in the opinion of Boat Works, reasonably necessary to perform the work ordered herein properly.
(3) Unless a formal written quotation is rendered, all prices, estimates of time, material and/or labor needed to perform the work are estimates only and are accordingly subject to variances in quantity, quality and cost. Owner acknowledges and agrees that this or any other quotation is subject to oral change as agreed upon between Owner and Boat Works.
(4) Except as otherwise agreed in writing prior to the commencement of the work, all parts, materials, supplies and labor will be charged at the then prevailing rates. Owner agrees that title to all consumable supplies used in connection with any repairs and/or modifications to the Vessel is deemed to pass to Owner immediately prior to usage.
(5) All labor is guaranteed for thirty (30) days against defects in workmanship, however, no agent, employee or representative of Boat Works has any authority to bind it to any affirmation, representation, promise or warranty respecting the work or the suitability of the materials for any particular purpose or use, whether known or unknown to Boat Works.
(6) Boat Works assumes no liability or responsibility for the adequacy of the design or the strength of any lifting lug, cleat or eye attached to the vessel to which Boat Works reasonably attaches for handling, lifting or mooring.
(7) Payment in full is due upon completion of the work unless previously agreed otherwise in writing. Any vessels remaining in the custody of Boat Works after completion of work shall be liable for the appropriate space rental charge and/or dockage. In all cases where the charges remain unpaid, Boat Works, at its sole option, may detain the vessel until all charges are paid including, but not limited to, any space rental and/or dockage accruing thereon during the period of detention. Owner agrees to hold Boat Works harmless and indemnify it, its agents, employees and its lessors from any and all claims howsoever arising from any detention of the vessel.
(8) If any charges, including, but not limited to charges for work, labor, materials and supplies and those for space rental are not paid within thirty (30) days from the completion and/or billing therefore, interest will accrue on the unpaid balance at the rate of 1_ percent per month. Boat Works may further sell the vessel and/or its equipment at a public or private sale with or without notice to Owner. The proceeds of the sale after deducting all costs of sale, reasonable attorneys fees, and interest shall be applied to the satisfaction of the Owner’s debt to Boat Works, with all excess proceeds to be paid to Owner.
(9) If Boat Works initiates any legal action, proceeding or enforcement to recover its unpaid charges, Owner agrees to pay all costs of collection, including but not limited to, reasonable attorney’s fees.
(10) Boat Works is authorized to operate the vessel for the purpose of testing, inspection and for delivery. Owner agrees to hold Boat Works, its agents, employees and lessors harmless from any and all claims for damage to property or injury to persons, including the agents and employees of Boat Works, howsoever arising from rental of space, delivery of vessels and from the performance of the work excepting such as may arise from Boat Works’s sole negligence or that of its agents and employees.
(11) By accepting delivery of the vessel after performance of the work, Owner acknowledges that the charges set forth herein are true and correct unless exception is taken thereto in writing at the time and place of delivery. Owner further agrees that if after delivery his personal check is dishonored or if he fails to pay all charges within thirty (30) days after Boat Works renders him its billing therefore, Boat Works and/or its agents may enter and take possession of the vessel without demand or notice, and remove it to its possession. Boat Works may then sell the vessel as provided in Paragraph (8) to satisfy its lien.
(12) Owner agrees that redelivery of the vessel shall not terminate any lien thereon and that such lien shall continue until payment has been made in full. Boat Works shall not be required to credit Owner with final payment unless (a) it has been paid in cash; or (b) it has been paid by certified check; or (c) by money order, or (d) it has been paid by Owner’s personal check which is honored by Owner’s bank.
(13) If any provision of this Agreement is found to be illegal, invalid or enforceable under present or future laws effective during the term of this Agreement, such provisions shall be fully severable, and this Agreement shall be construed and enforced as if such provision never comprised a part of this Agreement; and the remaining provisions of this Agreement shall remain in full force and effect.