Heading 1

MARINE DIAGNOSTIC SERVICES LLC – SERVICE AGREEMENT & TERMS

Thank you for your business. Please note that Marine Diagnostic Services (MDS) does not provide firm quotes; we provide estimates only. Estimates provided are an approximation of the time charged or itemized and the total charges to you for the services requested, based on the anticipated work to be done. It is possible for unexpected complications to cause some deviation from the original estimate. Furthermore, any work timeframe or schedule provided is only a best guess and can easily change due to findings onboard, shipping delays, and other unforeseen circumstances.

 

Work is billed strictly on a time and materials basis. If a client has communicated a priority for a specific timeframe or completion date, MDS will work to meet that timeframe and will forgo providing updated cost estimates or awaiting further authorizations in an effort to keep the project moving. This shop charges a 3% credit card processing fee. 

MDS will not delay work or completion to wait for authorizations under these expedited circumstances. You hereby authorize the repair work described in this estimate to be done along with the procurement of the necessary material(s), including permission to operate the vessel for testing or inspection.

 

MDS is not responsible for subsequent system failures during operations. PARTS, DELAYS, & CHANGE ORDERS Deposits are non-refundable. No returns or refunds on special ordered items or electrical parts. There is no warranty for used parts or customer-supplied parts. We unfortunately cannot install customer-supplied parts. If an exception is made, the client is responsible for any and all additional costs related to the installation of said parts, including but not limited to delays, labor, and additional parts or resources needed. Should a customer-installed part not function properly, or diagnosis becomes confused or delayed due to assumed repair, the client will be billed for installation and diagnosis of the failed component, as well as billed for additional time to repair or replace said component. Any delays due to customer-supplied parts will be billed at a rate of 150% of the standard rate.

 

Any upgrades or changes made by the client after the scheduling and/or estimate agreement will incur a $250.00 change order fee. Depending on the size and scope of the work to be performed, the vessel may be subject to a new scheduling time after projects and other vessels that are scheduled are completed. If the owner wishes to have the vessel completed ahead of other scheduled work, work will be charged at 150% of the standard labor rate.

 

WARRANTY

Warranty can be provided for parts and labor based on the warranty status of the manufacturer of installed parts. Due to the extreme marine environment, Marine Diagnostic Services provides a 30-day warranty on service work. Beyond the 30-day warranty period, any warranty on defects in workmanship will be on a case-by-case basis as determined by Marine Diagnostic Services. The customer is liable for initial diagnosis charge/travel until defects are found to be the result of any prior work, in which case if warranty or goodwill is granted, no charges will be assessed unless additional parts or items not included in the original estimate are to be installed or repaired. Warranty is not provided for in-transit vessels that are more than 50 miles from Marine Diagnostic Services unless travel is paid for. Marine Diagnostic Services will not reimburse for third-party repairs or labor.

 

PAYMENT & SECURITY

To initiate a repair order and be placed on the schedule of work, we must receive 50% of the labor on a signed estimate and 100% pre-payment for all special order parts. Once work is deemed complete by Marine Diagnostic Services, your payment is due upon MDS leaving the vessel. We may request payments at intervals as work nears completion. Maritime/mechanics liens, vessel immobilization devices, and system shutdowns may be placed on vessels until repairs are paid for in full. Unlike land-based operations, vessels have the ability to easily "disappear" as work begins to reach completion, and we may take precautions to prevent such situations if deemed appropriate by Marine Diagnostic Services. In addition, a credit card may be placed on file and holds on funds may be placed. If communication is not made with the client within 24 hours of the vessel leaving the location of work performed, the client hereby authorizes funds to be billed to the credit card on file.

 

EXCULPATORY CLAUSE

I agree that Marine Diagnostic Services is not responsible for loss or damage to the vessel or tenders/equipment of said vessel listed on the repair order including loss of articles left in the vessel, including, without limitation, in case of fire, theft, or any other cause(s) beyond our control. Marine Diagnostic Services is not responsible for any delays caused by unavailability of parts or delays in delivery of parts by the supplier or transporter, weather, and/or unforeseen circumstances. WAIVER, RELEASE OF LIABILITY, HOLD HARMLESS, AND SERVICE AGREEMENT (The "Agreement") For and in consideration of the performance of the work described in the attached estimate, the described Owner, for myself, and on behalf of my heirs, next of kin, and any legal and personal representatives, executors, administrators, successors, and assigns, hereby agree to and make the following contractual representations: 1. Owner Representations. I hereby represent that (i) I am an authorized agent of the vessel described herein; and (ii) I have the authority to authorize service work and repairs to be performed on the vessel. 2. Owner Acknowledgments. I understand that (i) the Work described herein will be performed by Marine Diagnostic Services LLC, its employees, and any subcontractors it may hire; (ii) that I will pay regular retail prices of all labor and repair parts and/or supplies which, in the judgment of Marine Diagnostic Services LLC, are needed to complete the Work, in cash or on acceptable terms to Marine Diagnostic Services LLC, upon the completion of the work ordered; (iii) any testing deemed necessary by Marine Diagnostic Services LLC is hereby authorized; and (iv) Marine Diagnostic Services and its agents can decline to perform the Work on the Vessel for any reason whatsoever at the agent's discretion. 3. Waiver, Release of Liability, & Hold Harmless. I hereby Release, Waive and Covenant Not to Sue, and further agree to Indemnify, Defend and Hold Harmless the following parties: Marine Diagnostic Services LLC, its respective members, agents, employees, officers, directors, servants, representatives, successors, affiliates and assigns (individually and collectively "Released Parties"), with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss or expense (including court costs and reasonable attorneys' fees) of any kind or nature ("Liability") which may arise out of, result from, or relate in any way to the Work performed on the Vessel, including claims for Liability caused, in whole or in part, by the negligent acts or omissions of the Released Parties. I further agree that if, despite this Agreement, any third-party makes a claim for Liability against any of the Released Parties, I will indemnify, defend and hold harmless each of the Released Parties from any such Liabilities which may be incurred as the result of such claim. I hereby warrant that I am of legal age and authorized to enter into this Agreement as the Owner of the Vessel described herein, that I have read this Agreement carefully, understand its terms and conditions, acknowledge that I will be giving up substantial legal rights, acknowledge that I have accepted this Agreement without any inducement, assurance or guarantee, and intend for my acceptance to serve as confirmation of my complete and unconditional acceptance of the terms, conditions and provisions of this Agreement. This Agreement represents the complete understanding between the parties regarding these issues and no oral representations, statements or inducements have been made apart from this Agreement. If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

 

I ACKNOWLEDGE THAT I HAVE FULLY READ THE ABOVE WAIVER, RELEASE OF LIABILITY, HOLD HARMLESS, AND SERVICE AGREEMENT AND AGREE AND CONSENT TO THESE TERMS AND CONDITIONS.