Work Order Terms and Conditions
By their acceptance of the Work Order, the customer certifies that they are the owner (the “Owner”) of the vessel and/or other equipment described within the Work Order, and authorizes Chesapeake Dockside Services, LLC (the “Company”) to provide all labor and materials and to perform the repairs, maintenance and services referred to in the Work Order. The Owner acknowledges and agrees that the following terms and conditions are incorporated into the Work Order, as if fully set forth therein:
1. PAYMENT. All invoices are due in full upon receipt. The Company’s acceptance of any payment in an amount less than the total invoice balance shall not constitute a waiver of any of the Company’s rights or remedies.
In the event Owner fails to pay an invoice when due, the Company shall be entitled to suspend performance of all work until full payment has been received. A late fee of 1.5% per month will be charged on all amounts remaining unpaid 30 days after the invoice date.
2. LIENS AND OTHER REMEDIES. To secure the Owner’s obligation to make full payment to the Company, the Owner acknowledges and authorizes the creation of any applicable liens against the vessel or other equipment securing the cost of all labor, repairs, materials, and other necessary costs, and permitting the Company to maintain possession of the vessel or other equipment (if the Company has possession) until all invoices pertaining to such vessel or other equipment are fully paid. In the event the Company retains attorneys or debt collectors to collect amounts due under the Work Order, or enforce its terms, the Owner shall pay the Company’s reasonable attorneys’ fees, collection fees, court costs and other expenses related thereto. All of the Company’s rights and remedies herein shall be cumulative and in addition to all other rights and remedies provided by law and equity.
3. DELAYS. Any completion or promised date stated in any document or otherwise quoted to the Owner is merely an estimated completion date and is not guaranteed. In no event shall the Company be liable for any nonperformance of or delay in the work, including nonperformance or delays directly or indirectly resulting from acts of God, the adoption or enforcement of any law, regulation, ruling or order, the non-availability of parts, materials, or components from suppliers, delays in transportation, strikes, or other causes beyond the Company’s reasonable control.
4. INDEMNIFICATION. The Owner shall defend, indemnify and hold harmless the Company, its members, officers, employees, contractors, and agents, from and against all loss, damage, injury, death, legal fees and expenses, or other liability, including loss or damage to the Owner’s vessel or other equipment or work accomplished on any portion of the vessel or other equipment, in the event any such liability is in any way caused by the negligence or willful action or omission of the Owner, or the Owner’s employees, agents, or parties contracted or hired by the Owner other than the Company.
5. OWNER’S INSPECTION/CLAIMS. The Owner shall inspect the vessel or other equipment immediately upon the Company’s presentation thereof, and shall within ten (10) days thereafter, notify the Company in writing of any claims of incomplete or unacceptable work. The failure of the Owner to notify the Company of any such claims within said ten (10) day period shall constitute an irrevocable acceptance of the vessel or other equipment and all work performed by the Company, and an admission by the Owner that the work fully complies with the terms, specifications, and conditions of the Work Order.
6. APPLICABLE LAW. The Work Order, including these Terms and Conditions, shall be governed by and interpreted in accordance with the laws of the State of Maryland. The state and federal courts of Maryland shall have exclusive jurisdiction over all matters relating to this Work Order.
7. ENTIRE AGREEMENT. The Work Order and these Terms and Conditions represent the entire and integrated agreement between the Owner and the Company and supersede all prior negotiations, representations or agreements, either written or oral. The Work Order and Terms and Conditions may be amended only by written instrument signed by both the Owner and the Company.
8. WARRANTY AND DISCLAIMERS. The factory warranty (if any) applicable to the sale of parts and accessories is the only warranty with respect to the sale of parts and accessories. The Company hereby disclaims all warranties express or implied including any warranty of merchantability or fitness for a particular purpose.
9. LIMITATION OF LIABILITY. In the event that the Company is found liable to the Owner in connection with the Work Order, the total liability of the Company under any and all theories of liability shall be limited to the total amount paid by the Owner to the Company for the services rendered. The Owner further waives their right to any consequential, incidental, special and/or punitive damages. Under no circumstances shall any member, director, officer, employee, contractor, representative or agent of the Company have any individual liability to the Owner.