Serving New York and New Jersey
Terms & Conditions
Terms of Service
Agreement: These Terms of Service, together with the Order Form (as defined below) create the agreement (“Agreement”) between Contractor and Client for the purchase and sale of Parts and the provision of Services (each, as defined below). In case of conflict, the documents shall control in the following order of precedence: the Order Form and these Terms of Service.
Parties to this Agreement; Definitions: As used in this Agreement, the terms: (a) “Contractor” shall mean Tulleson Boatworks, LLC; (b) “Client” shall mean the Client identified in the service authorization, estimate, Order Form, online request or other ordering document; (c) “Manufacturer(s)” shall mean the person(s), entity or entities that manufactured the Parts used in the Services; (d) “Order Form” shall mean the estimate or work order which reference these Terms of Service, prepared by Contractor and signed by Client (e) “Part(s)” shall mean the new and/or used parts, components, accessories or materials used in the Services; and (f) “Services” shall mean the repair and/or maintenance services performed by Contractor for Client, together with the Parts; “Terms of Service” shall mean these terms and conditions of maintenance and repair services, and (g) “Vessel” shall mean Client’s vessel (under Client’s ownership or control) to be serviced by Contractor.
Rates; Quotations: Unless otherwise specified in writing, all Contractor quotations are set forth in individual Order Forms and are valid for thirty days from the date of the quotation. Client is responsible for and shall pay all taxes and/or duties applicable to the Parts and/or Services. If Contractor pays such taxes on Client’s behalf, Client shall reimburse Contractor in full. Any estimates or quotations rendered as to prices, time, material and labor required to perform the work are estimates only and are subject to variances. Client shall be charged and shall pay for all time, parts, materials, and supplies at Contractor’s then prevailing rates (with respect to time) or prices (with respect to parts, materials and supplies). However, if Contractor discovers that different or additional repairs are indicated, Client will be contacted for authorization to make such additional repairs. Authorization may be given by Client orally or in written form, including email, text, or other electronic transmission. Contractor is not responsible for any loss, damage, or other liability caused by, arising from, or related to repair or maintenance work recommended by Contractor that is declined by Client. Client agrees that Contractor employees may operate the Vessel for purposes of facilitating the repairs, including but not limited to diagnosing, road testing, and sublet services. No order may be cancelled by Client in whole or in part, without Contractor’s prior written consent.
Sublet Repairs: Client acknowledges that portions of the Services may be performed by a subcontractor hired by Contractor and Client hereby authorizes all sublet repairs that Contractor, in its sole discretion, may deem necessary.
Payment: Payment for materials and services is due and payable upon completion of the work, or within seven days after the date of any invoice rendered by Contractor, whichever is earlier. Contractor may request a down payment before commencing any work. Special orders for Parts are non-cancellable or returnable. Any rates quoted by Contractor may be subject to a mark-up if so required by the marina in which the Vessel is located or if billing occurs through a marina or another intermediary. All invoiced amounts unpaid and outstanding will be subject to a charge of one and one half percent (1½%) per month (18% per annum) from the date due or up to the maximum allowed by applicable law from the date due. Contractor reserves the right to cease all work if any invoices become past due. Client acknowledges and agrees that the Services provided by Contractor entitle Contractor to a maritime lien against the Vessel under the Federal Maritime Lien Act and other maritime laws as well as mechanic’s liens or other liens applicable under state law. In the event of a dispute with respect to any invoice, Client shall deliver a written statement to Contractor no later than the date payment is due on the disputed invoice listing all disputed items and providing a reasonably detailed description of each disputed item. Amounts not so disputed shall be deemed accepted and shall be paid, notwithstanding disputes on other items, within the period set forth herein. The parties shall seek to resolve all such disputes expeditiously and in good faith. If it becomes necessary for Contractor to retain the services of an attorney, collection agency or other service provider to collect the amount of any unpaid invoices, Client agrees to pay any and all reasonable attorney’s fees and costs incurred by Contractor in addition to the amount of any such unpaid invoices (including any interest thereon).
Acceptable forms of Payment: Cash, personal check made payable to Tulleson Boatworks, Paypal or Credit Cards; Master Card, Visa, Discover & American Express. All invoices which are paid by credit card will be subject to 3.5% surcharge. Contractor reserves the right to bill all overdue invoices to any credit card previously provided by Client.
Warranty Disclaimers and Limitation of Liability
Limited Warranty on Services: Contractor warrants that the Services will be performed in a good and workmanlike manner (the “Services Warranty”). The Services Warranty is valid for a period of thirty days from the date that the Services are performed. Client’s sole and exclusive remedy, and Contractor’s entire liability under the Services Warranty, is the repair of any nonconforming portion of the Services. The Services Warranty is valid only if the Vessel is returned, at Client’s expense, to Contractor’s repair facilities, at the location where repairs took place or any other mutually agreed location. The Services Warranty extends only to the Client for whom the Services were provided and not any subsequent owner or user of the Vessel. Contractor provides no other warranties, express or implied, concerning its services and disclaims any and all other warranties.
Parts – Manufacturer Warranties Only: Any warranties on any Parts are limited only to those written warranties provided by the applicable Part’s manufacturer. EXCEPT FOR ANY SUCH WARRANTIES MADE BY MANUFACTURERS, THE PARTS ARE SOLD WITHOUT ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EACH OF WHICH IS EXPRESSLY DISCLAIMED. EXCEPT AS SET FORTH ABOVE, CONTRACTOR EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. Contractor neither assumes nor authorizes any other person to assume for it any liability in connection with the services or any parts provided to Client in conjunction with the services.
Damage; Theft: Contractor is not responsible for loss of or damage to the Vessel due to or arising from fire, weather, theft or any other cause except the sole negligence of Contractor. Contractor is not responsible for any loss or damage to articles of personal property that have been left in the Vessel or for loss or damage to bodies, trailers or special equipment, including any cargo, materials or supplies carried on or in such bodies, trailers or special equipment, whatever the cause.
LIMITATION OF DAMAGES: CLIENT AGREES THAT IN THE EVENT OF ANY ACTION BROUGHT BY CLIENT AGAINST CONTRACTOR, CLIENT SHALL NOT BE ENTITLED TO RECOVER ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES AS DEFINED IN THE UNIFORM COMMERCIAL CODE, INCLUDING, BUT NOT LIMITED TO INDIRECT OR SPECIAL DAMAGES, LOSS OF INCOME OR ANTICIPATED PROFITS, OR DOWN-TIME, OR ANY PUNITIVE DAMAGES. CONTRACTOR’S TOTAL LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING OUT OF ANY AND ALL CAUSES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DEFECTS IN THE GOODS, SERVICES, SUPPLIED UNDER THIS AGREEMENT, SHALL IN NO EVENT EXCEED THE CHARGES OF THE SERVICES PAID UNDER THIS AGREEMENT.
Governing Law; Submission to Jurisdiction: This Agreement shall be governed by and construed in accordance with the internal laws of the State of New Jersey without giving effect to any choice or conflict of law provision or rule (whether of the State of New Jersey or any other jurisdiction). Any legal suit, action or proceeding arising out of or based upon this Agreement or the transactions contemplated hereby may be instituted in the federal courts of the United States of America or the courts of the state of New Jersey in each case located in Essex County, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding. Service of process, summons, notice or other document by mail to such party’s address set forth herein shall be effective service of process for any suit, action or other proceeding brought in any such court. The parties irrevocably and unconditionally waive any objection to the laying of venue of any suit, action or any proceeding in such courts and irrevocably waive and agree not to plead or claim in any such court that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum.
Waiver; Severability; Entire Agreement: No waiver of any term of this Agreement shall be valid unless it is in writing and signed by Contractor’s authorized representative. If any provision or part of any provision of this Agreement shall be deemed to violate any applicable law or regulation, such invalid provision or part of a provision shall be inapplicable, but the remaining part of that provision and the remainder of the Agreement shall continue to be binding and enforceable. This Agreement constitutes the entire agreement and understanding between the parties hereto and supersedes any and all prior agreements and understandings, oral or written, relating to the subject matter hereof.
