Spring Recommissioning Work Order

Subject to which all work, storage and dock/mooring rental is accepted. 1.All work and services to vessels are provided at the sole risk of the vessel owner. Derecktor Maine LLC (hereafter referred to as the “yard”) accepts no responsibility for damage to the vessel except that caused by its own negligence. All property is stored at the yard at the sole risk of the owner. Evidence of both hull and P&L insurance sufficient to protect the yard, its customers and the owner’s property from all risks caused by the vessel, its owners, crew, agents and guests including third party claims, must be filed at the yard office prior to the arrival of the vessel. The vessel and the vessel owner agree to hold harmless and to indemnify the yard from any claims, injuries and damages of any kind including, without limitation, fees, fines or penalties and other costs incurred by the yard in defending any such claim. 2. All persons using any part of the yard’s premises and/or facilities do so at their own risk. 3. Due to restrictions imposed by insurance, no work or services shall be provided other than by yard personnel while the vessel is stored in buildings or on wharf or hoists owned by the yard. 4. Except as limited by the provisions of Paragraph 3, customers may perform work on their own vessels while in outside storage or at their slip or mooring. When performing their own work, paint scrapings and/or sanding dust must not fall onto ground or water, and use of tarps and vacuum-connected sanders is required. The use of welding equipment by customers on premises is expressly forbidden. The spraying of paint by customers is expressly forbidden. The use of the yard equipment or tools is expressly prohibited, including the use of yard ladders. Unless the work is to be performed by the owner’s permanent crew, any work to be performed by non-yard personnel shall require the written permission of the yard (Rules and Regulations Regarding Independent Contractors). Before the yard will provide written permission for non-yard personnel to work on the vessel, the yard must receive satisfactory proof of general liability insurance and worker’s compensation insurance. Work by non-yard personnel may only be performed during normal hours of yard operation (7:30 am to 4:00 pm Mon.- Fri.). Such worker(s) must check in at yard office upon arrival and check out upon leaving. Hourly facility use fee will apply. In all cases, the yard reserves the right to deny permission for or to impose conditions on the performance of work by non-yard personnel when, in the sole discretion of the yard, such work imposes an unreasonable risk to or interferes with the rights of the yard, other owners, their authorized agents or invited guests. 5. Vessels moored or docked on a seasonal basis are required to have and to use an approved marine sanitation device. The discharge of untreated waste into the harbor is prohibited and will, at the sole discretion of the yard, result in the termination of the rights of the vessel to use the facilities or receive services of the yard. The vessel and the vessel owner agree to hold harmless and to indemnify the yard from any claims, injuries and damages of any kind including, without limitation, fees, fines or penalties and other costs incurred by the yard in defending any such claim. Swimming, fishing, or the use of any open flames (including the use of the vessel’s BBQ grill) is not permitted at any time while moored or docked at the facility. 6. We reserve the right to rent moorings and/or dock space on a daily basis to transient boaters when the seasonal occupant is known to be away. Seasonal occupants are required to inform the dock office whenever their boat will not be occupying its space for overnight or longer periods of time. 7. In the interest of safety or expediency, we reserve the right to move any vessel and/or gear at our discretion and at the owner’s sole risk excepting only our own negligence. 8. We reserve the right to terminate, with or without cause, the hire of any moorings, berth, storage spaces, property or other yard facilities by giving fourteen (14) days written notice to the last known address of the vessel’s owner. Vessels or property not removed from the premises following such notice will be charged on a daily basis until removed. 9. Estimates are provided when requested. Time spent preparing the estimate is charged at prevailing yard rates when a “not to exceed” work order is requested. 10. Any delivery date quoted is given in good faith but is not guaranteed. Vessels stored at seasonal rates on shore or in water will be launched or commissioned as near the end of the seasonal period as, in the opinion of the yard, tide, weather conditions and available facilities permit and, in such sequence, as to avoid moving other vessels and also so as to make the most economical use of the facilities at our disposal. At the owner’s request the yard will, if possible, launch his/her vessel at any suitable tide and weather conditions, but the cost of the moving other vessels for this purpose and/or any attendant expenses must be paid by the owner . 11. Boat owners and their guests are required to abide by the “Marina and Boat Yard Rules and Regulations”, available upon request. 12. The yard warrants its work to be workmanlike and serviceable. The yard will correct defects in its work if notified of their occurrence within thirty (30) days after completion of the work performed. Vessels must be returned to the yard to receive warranty work. The yard EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATIONS WARRANTY OR FITNESS FOR A PARTICULAR PURPOSE AND WARRANTY OF MERCHANTABILITY. The owner accepts and agrees that the yard shall in no case be responsible for consequential damages no matter how reasonable or certain of proof. If the owner expects the yard to be responsible for consequential damages, he/she shall indicate that in writing at the time the request for work or services is made. 13. The yard reserves the right to maintain possession of the vessel to secure amounts due for work or services performed for the vessel. In the event overdue amounts including service handling fees are forwarded to an attorney or an agency for collection, the owner accepts and agrees that he/she will pay the cost of collection, including reasonable attorney’s fees incurred in connection with the effort to collect the amounts owed. Owners are expected to pay their invoices upon receipt. 14. Yard rates for space rented, work and services are subject to change without notice. 15. All orders for space rented, work and services are accepted on the understanding that the yard’s terms of business apply and are enforceable in the Courts of Maine and/or in any jurisdiction in which the vessel may be found. 16. Payment for services is expected upon receipt. A late fee of 1.5% per month will be assessed 14 days after date of invoice.