The undersigned hereby certifies that he/she is the Owner, Agent, or Master, aka Captain (collectively “owner”) of the Vessel referred to above, and hereby authorizes Gillen Diesel & Marine Services and Gillen Yacht Services, Inc, hereto referred to as (GYS) to provide all necessary labor, including subcontract labor, and materials to perform the repairs referred to on the Work Order or any subsequent work the owner or agent may request which is subject to the terms and conditions set forth below:
1. This is the complete and only agreement with respect to the Repairs. All prior discussions, writings, including emails and text messages, agreements, quotations, estimates, etc. are merged herein.
2. GYS’s employees, subcontractors and representatives are authorized to board, haul, fuel, and operate the above Vessel as necessary, and at the Owner’s sole risk of loss from any cause whatsoever.
3. Unless other written arrangements have been made, AN ESTIMATE IS NOT A FIXED PRICE QUOTE! All work is done on a time and material basis. The customer will be charged travel time and all expenses traveling to and from the job. Haul outs, dockage, electric, liability insurance, and sales tax are all additional expenses and will not be included in the estimate.
4. Manufacturer’s warranties apply to materials, components, and systems, etc. used in connection with the repair. Parts and equipment warranties are established by the manufacturer. Warranty work is undertaken using guidelines supplied by the manufacturer. The equipment owner’s manual or the manufacturer’s website is generally the best source for warranty information. Manufacturers generally offer a warranty on their parts and equipment. Some offer limited labor allowances for either repair or replacement. Parts may be replaced or repaired at the manufacturers option. Manufacturers labor allowances are limited to specific dollar amounts for specific repair procedures. Should repairs exceed the manufacturer’s warranty allowance, it is the responsibility of the customer to make up the balance. The customer should understand the allowances and limitations involved before undertaking a “warranty” repair. SUBJECT TO THE CLAIM AND SUIT-FILING PERIODS BELOW, GYS GIVES AN EXPRESS THIRTY (30) DAY LIMITED WARRANTY ON ALL GOODS AND SERVICES TO BE SOLD HEREUNDER, GYS MAKES NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. GYS liability shall be limited at GYS’s option to either (1) the repair or replacement of the materials or service ordered; or (2) the amount of the invoice price charged GYS on the particular materials or workmanship. Except as set forth above, GYS shall not be liable for any damages, direct, indirect, incidental, or consequential resulting from its delivery of defective or nonconforming materials and/or service. All claims arising from defective workmanship or material provided by GYS must be made in writing within thirty (30) days and any litigation must be commenced within one (1) year after the Repairs have ceased, been completed, or the Vessel has been redelivered, whichever occurs first. Claims not made within such time shall be deemed waived.
5. A credit card will be required before work begins even if alternative arrangements for payment have been made. Whenever a credit card number has been provided above, by signing below, Owner authorizes GYS to charge all amounts invoiced to Owner. Payment of all invoices will be made by wire transfer, check or credit card. A convenience fee is added to all invoices paid by credit card.
6. Owner agrees that all invoice are due and payable upon presentation. Further Owner agrees to pay LATE CHARGES which are computed at the rate of TWO (2%) PERCENT per month (24% per annum) applied to all invoices that are completed prior to one full monthly accounting. Owner’s relationship with GYS constitutes an agreement made in Florida and is governed by the laws of Florida. Any action arising from such agreement shall exclusively be litigation in Florida, and Owner consents to the personal jurisdiction of any local, State, or Federal courts located in Florida.
7. It is also agreed that, unless other written arrangements are made, that any equipment, parts, materials, etc. left over 10 days will become the property of GYS.
8. Owner agrees that a telefaxed, scanned, or emailed signature is deemed to have the same effect as an original signature.
