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.
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.
Owner hereby grants SCM, its agents and employees, permission to operate the boat for the purpose of testing and/or inspection.
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.
SCM warrants the workmanship undertaken herein to 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.
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.
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.
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.
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.
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.
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.
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.
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.
Owner hereby agrees if requested by SCM to present its book of documents for inspection including proof of the boat’s insurance.
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.
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.
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.
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.
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.
