General Service Terms & Conditions
1. PRICING: Work will be performed on a time and material basis and charged at our published rates. Budgetary estimates may be given, but are not guaranteed prices. The actual price could be more or less and will be charged at the marina’s hourly rate and material used. Owner shall take possession of their vessel and pay all charges within 10 days of notice of completion of services. After 10 days the owner acknowledges and agrees that once notified that work on their vessel is completed, the owner has 10 days to pick-up the vessel and that on eleventh day and everyday thereafter until the vessel is picked-up a charge of $1.00 per foot per day will apply. Owner acknowledges after 60 days owner will surrender ownership of vessel to Prop Shop Inc. No vessel will be released without payment in full.
2. RETURNED CHECK/DELINQUINCIES: Checks returned for any reason shall be subject to maximum service charges and other damages allowed by Iowa law.
3. VESSEL OWNER’S RELEASE OF THE MARINA FOR TORT DAMAGES: Owner hereby releases the marina, its directors, officers, employees, subcontractors, and agents from liability for damages that are caused by the negligence or fault of the marina, its directors, officers, employees, subcontractors, and agents.
4. MARINA’S DISCLAIMER OF CONTRACTUAL WARRANTIES. (A) Marina disclaims any and all implied warranties, including, but not limited to, the implied warranty of merchantability, the implied warranty of fitness for a particular purpose, the implied warranty of workmanlike performance. Marina does not provide any express warranties beyond that described in paragraph (5) below.
5. THE MARINA’S LIMITED EXPRESS WARRANTY. The marina warrants its work against defects and problems for the limited period of thirty (30) days following the completion of its work. Owner must notify the marina of the alleged defects or problems with the work in writing within fifteen (15) days of the completion of the work or else the limited express warranty is void. If owner attempts repair the limited express warranty is void. Marina will repair or replace the defect or problem at the marina’s facility and expense. Owner, however, is responsible for paying all the costs associated with delivering the vessel to the marina’s premises to have the defects or problems repaired or replaced.
6. SEVERE WEATHER, THEFT AND VANDALISM, WAIVER OF SUBROGATION: Owner agrees that the marina is not obligated to monitor the weather or to notify the owner of the approach of any inclement or severe weather. owner agrees the marina is not responsible for any damages caused to the vessel by inclement or severe weather. Owner agrees the marina is not liable for any damages caused by theft or vandalism. Owner and its insurers waive any and all rights to subrogation against the marina.
7. VESSLE OWNER HEREBY AGREES TO DEFEND, INDEMNIFY, AND HOLD THE MARINA, ITS EMPLOYEES, AGENTS, OFFICERS OR PRINCIPALS, HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, OBLIGATIONS, LIABILITIES, ACTIONS, RIGHTS OF ACTION, CAUSES OF ACTIONS, DAMAGES, SUITS, LAWSUITS, EXPENSES AND LIABILITIES OF EVERY KIND, CHARACTER, NATURE AND DESCRIPTION WHATSOEVER INCURRED BY THE MARINA ARISING DIRECTLY OR INDIRECTLY FROM OWNER’S BREACH OF THIS AGREEMENT, OR ARISING FROM THE ACTIVITIES OF THE OWNER OR OWNERS GUESTS, AGENTS, VENDORS, VENDEES ETC.