CF BOATWORKS, INC.
CONTRACT TERMS AND CONDITIONS
This contract is between CF Boatworks, Inc., otherwise referred to as "CFB", and the Owner(s) or Owner(s) Agent of the Vessel;
Estimates: Estimates, when requested, are given as a ball park figure only. All Estimated work will be billed at a time and materials basis which can come above or below the Estimated cost. CFB assumes it will have full uninterrupted access to area and items being worked on or additional charges will incur. In respects to electronic repair and installation, CFB will install the equipment requested and/or required, connect it to the available power supplies, in a good workmanship manner. Installation of step-down converters, noise filters or any other accessory is not included in the installation, unless specified prior in writing. Satellite communications equipment interconnection, computer interfacing, to and with other systems or equipment is limited to the interconnections and interfacing described in the Estimate. Additional interconnection and interfacing will be performed on a time and material basis. Carpentry work, if any, custom brackets in metal, fiberglass or wood, transducer installations, non-designed-for headliner removal and installation are not included in the Estimate.
Warranty: CFB, warranties its repair service labor for 1 month past the invoice date. Warranty work will be performed at or within a twenty mile radius of CF Boatworks South Florida facility, or Customer responsible for technician travel time and expenses. CFB disclaims any implied warranty on Equipment and Parts for mechanic ability and or fitness for a particular purpose. All warranties set forth are exclusive from any obligation, liability, right, claim or remedy in contract or tort, including strict liability in tort whether or not arising from CFB negligence, act or implied. CFB is not liable for any incidental and or consequential damages including and without limitations, damages to the vessel or property, demurrage, loss of profits, loss or charter and or commercial losses due to the loss of use of the vessel or downtime. Owner, agent understands that CFB shall not be responsible for any damages or loss of any articles of personal property, gear, or other appurtenances left aboard the vessel.
Payment: CFB’s standard labor rate is $125.00 per hour. "Normal" working hours are between 8:00a.m and 5:00p.m. Monday thru Friday. After hours and weekends is considered "Overtime" hours and will be billed at time and half. Out-of-state service calls are charged double time. When work is completed an invoice will be emailed to owner/agent listed on the Vessel Information form. Balance is due on completion unless terms are arranged prior to the work performed. CF BOATWORKS reserves the right to require additional deposit and progress payments on parts over $500.00 and jobs over $5,000.00, and in the event they are not made, to cease work. Invoices unpaid after thirty (30) days shall have a finance charge of twenty-four percent (24%) per annum. A monthly late fee of $30.00 is applicable to cover the maintenance cost of past due accounts. CFB reserves all rights against the vessel and personally against the Owner for payment of all charges in full.
Credit card payment: The owner/agent signature below will also act to acknowledge that he/she agrees to perform the obligation set forth in the card holder’s agreement with issuer.
I, the undersigned, hereby state that I am the owner or I am authorized by the owner(s) of the above named vessel to act on the owner(s) behalf to authorize repairs or installation of equipment and that I have permission from the owner(s) to enter into this work order agreement. I hereby authorize work to be done along with all necessary materials, parts and labor that are listed or not listed or calculated on the work order and/or Estimate. I understand that CF BOATWORKS asserts a Maritime Lien against this vessel in accordance with United States Federal Maritime Law (Federal Maritime Lien Act, Title 46 U.S.C. 31342) and International Maritime Law for any repairs, equipment, labor and services rendered to the vessel until the balance or services provided are paid in full. I hereby understand that in the event the owner of the vessel does not pay the indebtedness owed, I hereby personally guarantee full payment, including any and all collections fees, attorney fees, associated with the collection of any balance owed.
Should the vessel be seized and arrested, the owner/agent and the vessel will be liable for all attorney's fees, interest, court costs, US Marshall fees, substitute custodian fees, insurance while boat is under arrest, repairs or any other fees and costs associated with the collection of the balance owed. I further understand that all work orders, contracts written or verbal or additions to this work order, fall under the terms and conditions of this agreement.
Should the vessel be sold prior to the payment of any balance due for services rendered to the vessel pertaining to this work order(s), CF BOATWORKS Maritime Lien would pass-through to any buyer of the vessel and would thereafter have to be foreclosed by arresting the vessel while in the hand of the new owner.
I hereby state that this boat is not being sold or traded or under a bareboat charter agreement or any other contract that would not validate a maritime lien against vessel being serviced.
In the event any portion of this agreement shall be deemed to be a violation of any law of the United States, or the state of Florida, such portion shall be deemed null and void and the remainder of this agreement shall be in full force and effect. The agreement shall be governed by the laws of the State of Florida and the laws of the United States.
I HAVE FULLY READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT.