1. This Agreement is primarily a contract for boat repair and any materials furnished by Spring Cove Marina (SCM) are incidental to the performance of such repair. Other than as set forth herein, SCM makes no warranties regarding workmanship or materials, either express or implied, including any implied warranty or merchantability, fitness for a particular purpose or seaworthiness.
2. All work will be performed at and charged to the boat and owner at SCM's usual and customary time and material rate. It is understood that if a price is quoted on the Work Order followed by the notation estimate ("est.") or approximate ("approx.") or similar notations, the price quoted is approximate only, and the actual charge will be based upon SCM's time and materials rate.
3. Owner hereby grants SCM, its agents and employees, permission to operate the boat for the purpose of testing and/or inspection.
4. SCM shall proceed with due diligence to effect the repairs enumerated on the Work Order but shall not be liable for any delays in completion of said work from any causes beyond its control.
5. SCM warrants the workmanship undertaken hereinto be free of defects for a period of thirty (30) days. SCM's LIABILITY IN CASE OF DEFECTIVE WORKMANSHIP SHALL BE LIMITED STRICTLY TO THE PROPER REPLACEMENT THEREOF AT SCM'S PLACE OF BUSINESS. THIS IS SCM'S SOLE RESPONSIBILITY AND LIABILITY UNDER THIS AGREEMENT.
6. SCM made NO WRITTEN WARRANTY CONCERNING MATERIALS. SCM will make all efforts to convey to Owner any manufacturers' warranties for any materials installed by SCM and warranted by the manufacturer, but SCM does not adopt any manufacturer's warranty.
7. In consideration of the benefits obtained by the owner from SCM's performance under this agreement, Owner releases and discharges SCM and its officers, employees, and agents from all claims and causes of action of any sort for injuries to Owner's person or property except those by negligence of SCM employees or agents.
8. Owner agrees that it shall be solely responsible and liable for any losses, damages, injuries or deaths to property or persons as a result of any acts of omission or commission of its employees, agents, servants, subcontractors, or the seaworthiness of the boat and further agrees for himself, his heirs, successors, and assigns to indemnify, protect and hold SCM harmless from any and all such claims, demands or suits that may be made against SCM.
9. No claim for damages shall be valid and SCM shall be discharged from all liabilities therefore unless a claim is made to SCM in writing within (30) days after completion of the work and SCM is given the opportunity to inspect any such work prior to any repairs being effectuated by Owner or his representative.
10. Upon completion of the work requested, SCM's customary dockage and storage charges will accrue on the account of Owner until such time as the boat is removed from SCM's premises or unless otherwise agreed in writing and all terms and conditions contained in SCM's Dockage and Storage Agreements are incorporated by reference.
11. Owner recognizes and agrees that SCM shall have upon the boat, its contents and equipment, all state and federal liens, of whatever nature given for service, labor, repairs, materials, necessaries, or storage furnished. In any action, in rem or in personam, to enforce a lien of whatever nature claimed for any sum alleged due and owing hereunder, any bond posted pursuant to law, releasing the boat to Owner, shall include an amount sufficient to cover SCM's reasonable attorney fees and costs provided that SCM may have the amount of any bond posted increased to ensure the posed amount adequately covers all amounts claimed, including interest, costs and attorney fees. Owner agrees to SCM's use, if necessary, of Federal admiralty procedure in rem under Supplemental Admiralty Rule C and further agrees to waive notice and hearing and challenge thereto.
12. No modification to this Agreement shall be enforceable unless in writing and executed by an authorized agent of SCM. SCM's failure to require strict performance of this Agreement or waiver of any condition therein shall not act as a waiver of its rights hereunder nor be deemed continuing waiver. Delay in enforcement of any of SCM's rights hereunder shall not be deemed laches.
13. The person signing this agreement for or on behalf of Owner represents and warrants his authority from Owner to accept this Agreement and bind owner and the boat to the terms hereof and further warrants that the boat is not under charter.
14. Owner hereby agrees if requested by SCM to present its book of documents for inspection including proof of the boat's insurance.
15. This Agreement shall be interpreted in accordance with the Laws of the State of Maryland and the Laws of the United States. If any portion of this Agreement is found null and void, the remaining portions of this agreement shall continue in full force and effect.
16. Owner and the boat jointly and individually, shall be obligated to pay all costs, including reasonable attorney fees incurred by SCM, in non-judicial proceedings or judicial proceedings and appeals therefrom to enforce any and all provisions to this Agreement, including its sums due SCM.
17. Owner or the person signing for Owner hereby acknowledges that he has read the and fully understands this Agreement as well as the currently posted Rules and Regulations. Further, Owner agrees to comply with said Rules and Regulations now in effect or as hereafter posted from time to time during the term of this Agreement. Failure to comply shall entitle SCM to cancel this Agreement immediately without notice and excuses SCM from further performance hereunder, but without a waiver of any then existing liens or other rights.
18. SCM shall not be responsible for damage to or loss of any articles of personal property, gear, or other appurtenances left aboard the boat, due to fire, theft, pilferage, or otherwise. It being understood that the boat's Owners, Owners' employees, representatives, agents, etc. have at all times access to the boat and accordingly SCM does not have exclusive care, custody and control of the boat and/or its contents. It is further understood and agreed that the delivery of the boat does not constitute a bailment because SCM does not have exclusive care, custody and control of the boat and/or its contents as Owner, his agents, employees, crew and servants have access to the boat at all times.
19. Except where progress payments are provided for on the Work Order, payment for work is due upon completion thereof by SCM. All charges and accounts must be paid in full before the boat may be removed from SCM's possession. Interest at the rate of 1.5% per month will be assessed against any account not paid within (30) days of the statement date.
It is agreed that the Marina will provide the Owner with dry storage space and boat stands or supports sufficient enough to dry store the Owner’s boat for a period beginning or at the start of the Winter Storage Package. In consideration thereof the Owner agrees to pay the current storage fees, payable in advance. The owner acknowledges that failure to pay storage fees within ten days of due date will result in late fees. In any event, all amounts owed the Marina will be paid before the vessel is launched.
1. The owners agrees that neither the Marina nor its agents, servants, or employees shall be liable for any loss, damage or personal injury to the person or property of the Owner, including the boat, its inventory, and equipment whether such loss, damage, or injury be occasioned by fire, theft, act of God, or any other cause or condition. The Owner hereby agrees to indemnify and save harmless the Marina from or against any claim arising from the storage, maintenance, use of operation of Owner’s boat by the Owner, his agents, employees or contractor, saving and expecting negligence on the part of the Marina, its employees or agents.
2. Boats in storage are not insured by the Marina. The Marina agrees to use every precaution to prevent loss or damage to boats stored, but the Marina is not responsible for such loss or damage as may arise from fire, theft, flood, windstorm, or any other condition beyond its control. Consequently the Owner is required to maintain adequate insurance coverage on the boat at all times while it is on Marina property. Furthermore, if the Owner instructs an outside contractor to work on the Owner’s boat in the Marina, that contractor must comply with the Marina’s minimum requirements for insurance and indemnity. A copy of these requirements is available at the Marina’s office.
3. Prior to hauling, the Owner must notify the Marina if he/she plans to work on the boat while it is stored out of water and the nature of the work to be done. Due to insurance and safety considerations some types of work that an Owner may intend doing may not be permitted. All boatyard rules apply. Copies are available at the Marina office. Owners are prohibited from sandblasting, spray-painting, bottom sanding, or any other work that may cause damage to yard property or any other boats. Bottom painting and the preparation thereof may only be performed by the Marina or the Owner or the Owners immediate family. The Marina may stop anyone from performing any work that, in its sole judgment, may be considered unsafe and or a hazard to people or property.
4. HAULING AND LAUNCHING SCHEDULES WILL BE DETERMINED BY THE MARINA. ONCE THE OWNER HAS BEEN ADVISED OF THESE SCHEDULES, IT IS THE OBLIGATION OF THE OWNER TO HAVE THE BOAT READY AND AVAILABLE. RESCHEDULING OF HAUILING OR LAUNCHING TIMES BECAUSE THE BOAT IS NOT READY WHEN SCHEDULED WILL RESULT IN ADDITIONAL EXPENSES TO OWNER.
5. If necessary, the Marina reserves the right to move any boat to another location.
6. All boats will be stored in level attitude. If the Owner desires the boat in any other attitude, the Owner must give specific instructions to that effect. Further, the Marina cannot be held responsible for removing accumulated rain and melted snow from the boats cockpit and/or bilges. Consequently, the Owner is hereby advised to ensure that neither rain nor melted snow accumulates. The Marina will only remove visible, externally accessible, transom mounted drain plugs upon haul out. All other plugs will only be removed upon request.
7. Owners with their boats in storage are not permitted to use the Marina facilities, other than the restrooms, unless they are Slipholders at the Marina.
8. Staying on the boat or climbing aboard after dark while in dry storage is not encouraged due to the dangerous nature of the boatyard. If an owner chooses to, they do so at their own risk and staying aboard will incur an additional daily charge.
9. It is understood that the boat’s Owner, the Owner’s employees, representatives, agents, etc. have at all times access to the boat, and accordingly the Marina does not have exclusive care, custody, and control of the boat and/or its contents. It is further understood and agreed that the delivery of the boat does not constitute a bailment because the Marina does not have the exclusive care, custody, and control of the boat and its contents, as Owner, his agents, employees, crew, and servants have access to the boat at all times.
10. For the purpose of this Agreement, the term Owner shall include the actual registered Owner of the boat, members of his/her family, guests, agents, assign, or other persons using the boat.
I have read and agree to the terms and conditions of this work order, and I hereby authorize the referenced repair work to be done along with the necessary materials. You and your employees may operate the unit herein described on any waterways or elsewhere for purposes of testing, inspection, or delivery at my risk. An express mechanic's lien is acknowledged on above unit to secure the amount of repairs thereto. It is also understood that you will not be held responsible for loss or damage to the unit (or articles left in or with the unit) in case of fire, theft, accident, inclement weather conditions or any other cause beyond your control.