Winter Service Contract

Kennebunkport Marina
Service Terms and Conditions

In consideration of payment of all fees, Kennebunkport Marina, (“KBM”) agrees to provide services to owner identified on the associated work order (“Owner”) and to the vessel identified on the associated work order (the “Vessel”) pursuant to the following terms and conditions:
1. Estimates: All work is to be performed on a time and materials basis unless specifically set forth in writing. To the extent Owner has been provided an estimate for the proposed work, that estimate is based on a reasonable assessment of the condition of the Vessel or equipment at the time the estimate was given. Owner acknowledges that circumstances may change once work begins. While every effort will be made to keep Owner apprised of the progress, KBM makes no guarantees as to the final price and scope of the proposed work regardless of the estimate.
2. Fees and Payment: The fee shall be based on the current rates for parts, labor, and storage. Payment for parts, labor, and storage, or any other fee, is due upon receipt of the invoice unless other terms are expressly provided in writing. Any balance not paid within 30 days or within the terms of the invoice will be assessed a late fee of 1.5% per month, compounding monthly. To the extent the vessel/equipment is in the possession of KBM owner expressly grants KBM the right to refuse to launch or otherwise release the vessel/equipment to owner until all fees are paid in full, including fees assessed pursuant to Paragraph 3. Any release of the vessel/equipment without payment in full of all fees shall not be deemed a waiver of any right of KBM to collect fees under this agreement or any other state or federal law.
3. Notice of Lien: Owner acknowledges that pursuant to 10 M.R.S.A. § 1381 et seq. and federal admiralty law, the vessel and related equipment are subject to a lien to secure payment for any and all amounts due KBM under this agreement. Owner further acknowledges that services provided under this Agreement are necessary for either preservation of the vessel or for its safe and effective operation. If Owner fails to pay the full amount due within 30 days of the due date, KBM shall have the right to resort to any and all remedies under applicable law. Owner agrees that in the event KBM must pursue enforcement of the lien, KBM shall add reasonable attorney’s fees to the invoice, and such fees are a “reasonable expense of the sale” under 10 M.R.S.A. § 1385. Owner agrees to reimburse KBM for any other costs and attorney’s fees not otherwise awarded to KBM under the statute incurred in the collection of payment under this agreement or for any action to enforce this agreement including any action under state or federal law.
4. KBM Rules: Owner agrees to abide by and follow all posted KBM rules including rules issued by KBM in any work order or cover letter to this agreement.
5. Limited Warranty: KBM warrants that all labor provided by KBM personnel will be performed in a workman like manner. This warranty shall extend for a period of 12 months. This warranty applies only to the cost of the repair itself. This warranty shall not extend to any other damages including consequential damages such as travel, and/or loss of use. This warranty shall extend only to the work provided by KBM and shall NOT extend to any parts or equipment provided to the vessel/equipment. In no way shall this warranty supplant the manufacturer’s warranty for said parts or equipment. Owner agrees to notify KBM of a warranty claim in writing. KBM may choose to travel to the Vessel or to have the Vessel return, at owner’s expense, to a KBM facility to perform the warranty repair.
6. Disclaimer of All Other Warranties: PURSUANT TO 11 M.R.S.A. § 2-719 AND ANY OTHER FEDERAL AND STATE LAW, OWNER ACKNOWLEDGES THAT KBM MAKES NO OTHER WARRANTY WHATSOEVER EITHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND, OTHER THAN THAT PROVIDED IN PARAGRAPH 5, KBM MAKES NO OTHER REPRESENTATION OR WARRANTY OF ANY KIND WITH RESPECT TO ANY PRODUCT OR SERVICES PROVIDED TO THE OWNER.