**Any painted or special coated boats cannot be shrink wrapped. It is the owner’s responsibility to notify service if the boat is painted. Tolchester Marina accepts no responsibility due to mildew damage or damage that may occur from snow or water accumulation in the shrink wrap.
IF ADDITIONAL WINTERIZATION WORK IS REQUIRED, PLEASE PROVIDE SEPARATE WORK ORDER.
PLEASE SEE TERMS AND CONDITIONS BELOW. UNPAID BALANCE AFTER 30 DAYS INCURS INTEREST RATE OF 2% PER MONTH.
BY CLICKING “SUBMIT” YOU ARE AGREEING TO OUR TERMS AND CONDITIONS AND AUTHORIZE TOLCHESTER MARINA TO PERFORM THE WORK INDICATED.
1.This Contract for furnishing vessel repairs, parts, and services is solely on the basis of the limited liabilities set forth below.
2. Tolchester Marina, Inc. shall not be liable in respect to any one vessel, directly or indirectly, in contract, tort, or otherwise, for her owners, charterers, underwriters, or other party-in-interest for any damages to such vessel and her appurtenances, or for any consequence thereof unless such damage is caused solely by our negligence.
In no event shall our aggregate liability under this Contract exceed the sum of one thousand dollars ($1,000.00) or the value of the parts and the services rendered as evidenced by the work order, whichever figure is the lesser. This limitation of liability shall include damages incurred both prior to and after completion of work. Tolchester Marina, Inc. shall not be liable for any consequential or contingent damages, including but not limited to faulty or negligent design or manufacture, delay, loss of revenue, detention, demurrage, crew wages, salvage, and loss of use. The customer agrees to indemnify, defend, and hold Tolchester Marina, Inc. harmless with respect to all liabilities to all parties-in-interest exceeding the amount herein stated. Tolchester Marina, Inc. shall not be liable for any loss, damage, or delay caused by strikes, labor, difficulties, accidents, delays in delivery, materials, or causes of any kind beyond our control. All agreements as to time of completion are subject to this provision.
3. In case of defective workmanship or material furnished, Tolchester Marina, Inc.’s liability is limited strictly to the cost of repair, correction, or replacement thereof, not to exceed the value of the parts and services rendered as evidenced by the work order and only where such defects are reported to Tolchester Marina, Inc. in writing thirty days (3) after completion of the work. If such a written report is not made and litigation subsequently is not commenced within one year after our work has ceased for any reason or has been completed, Tolchester Marina, Inc. shall be discharged from all liability for defective workmanship and material.
4. Tolchester Marina, Inc. shall not be liable for any personal injury, including death, or for damage to property of third parties, unless the same is a result of the sole negligence of our employees. Tolchester Marina, Inc., if deemed liable, shall be liable to the extent of payments made to Tolchester Marina, Inc. by you, as evidenced on the only work order.
5. Materials for vessels in our yard will be procured by Tolchester Marina, Inc. Work on vessels in Tolchester Marina, Inc.’s yard will be performed only by Tolchester Marina, Inc. employees, subcontractors, or agents, unless otherwise agreed to in writing. Tolchester Marina, Inc. shall not be responsible to the vessel or owner in any manner for any damages resulting from work done by someone other than Tolchester Marina, Inc. employees, subcontractors, or agents, unless otherwise agreed to in writing. The vessel, her owners, and all parties-in-interest, shall indemnify and hold Tolchester Marina, Inc. harmless from all liability to any party arising from work performed by others not covered by Tolchester Marina, Inc.
6. DISCLAIMER OF WARRANTIES FOR GOODS:
THE ONLY WARRANTIES ON THE PRODUCTS SOLD HEREBY ARE THOSE OFFERED BY THE MANUFACTURER. TOLCHESTER MARINA, INC. HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY LIABILITY IN CONNECTION WITH THE SALE OF SAID PRODUCTS. YOU SHALL NOT BE ENTITLED TO RECOVER FROM TOLCHESTER MARINA, INC. ANY CONSEQUENTIAL DAMAGES, DAMAGES TO PROPERTY, DAMAGES FOR LOSS OF USE, LOSS OF TIME, LOSS OF PROFITS OR INCOME OR INCIDENTAL DAMAGES. TOLCHESTER MARINA, INC., IF DEEMED LIABLE, SHALL BE LIABLE ONLY TO THE EXTENT OF PAYMENTS MADE TO TOLCHESTER MARINA, INC. BY YOU, AS EVIDENCED BY THE WORK ORDER.
7. DISCLAIMER OF WARRANTIES FOR SERVICES:
TOLCHESTER MARINA, INC. MAKES NO REPRESENTATION AND/OR WARRANTIES, EXPRESSED OR IMPLIED, AS TO ANY SERVICES PROVIDED UNDER THIS CONTRACT. YOU AGREE TO BEAR THE ENTIRE RISK OF ANY LOSS. TOLCHESTER MARINA, INC. WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES RELATING TO THIS CONTRACT IN EXCESS OF PAYMENTS MADE TO TOLCHESTER MARINA, INC. BY YOU, AS EVIDENCED BY THE WORK ORDER. YOU WILL INDEMNIFY, DEFEND, AND HOLD HARMLESS TOLCHESTER MARINA, INC. FROM AND AGAINST ALL CLAIMS, COSTS, EXPENSES FOR DAMAGES, INCLUDING ATTORNEYS FEES, RELATING TO THIS CONTRACT.
8. NOTHING HEREIN SHALL BE DEEMED TO CONSTITUTE A WAIVER OF OUR MARITIME LIEN. INVALIDITY OF ANY ONE OR MORE PROVISIONS OF THIS CONTRACT SHALL NOT AFFECT OR IMPAIR THE REMAINING PROVISIONS. THIS CONTRACT MAY NOT BE CHANGED ORALLY.
The terms and conditions stated above shall be deemed to have been accepted upon arrival of the vessel atTolchester Marina, Inc.’s yard or upon commencement of work by Tolchester Marina, Inc. employees, subcontractors, or agents in any other location.