TERMS & CONDITIONS
Material. AJ's Marine Group LLC will be responsible for all materials and equipment necessary for the completion of the job, which AJ's Marine Group LLC agrees were included in the estimate or are included in the agreed upon change orders.
Deposits: Non-refundable. Any and all deposit funds are applied to office time/ estimating/ job prep/ scheduling reservation/ job supplies.
Insurance Companies: Any work involving insurance work or insurance compensation is solely the client's responsibility. Client agrees that AJ's Marine Group LLC is not responsible for any items involved with insurance. The customer agrees to AJ's Marine Group LLC's pricing, which, at times, can be different from insurance reimbursement.
Cancelation. This contract cannot be canceled once work is commenced; however, AJ's Marine Group LLC reserves the right to cancel if deemed necessary. AJ's Marine Group LLC determines what is considered days/ weeks of work per payment schedule. Work begins once this contract is signed/accepted. Once the contract has been signed, if the client cancels, work will be billed at the rate of $275/ hour for all hours worked by anyone working for AJ's Marine Group LLC. Due to blocking time for your job, AJ's Marine Group LLC holds the rights to bill you for profits lost if you cancel.
Payments. Please see the payment schedule included in the estimate. If payment terms are not met, and payment not made within two business days, work may stop until payment is received. The price does not reflect the required sales tax which will be included in the final price on taxable items. A 3% fee will be applied to those who pay with a credit card. Any balance unpaid after 30 days will be in default and assessed a service charge of 3% per month until paid. In the event of default, AJ's Marine Group LLC shall be entitled to recover the cost of collection including reasonable attorney fees. AJ's Marine Group LLC shall maintain the right to file a lien against the property (boat) as well as any and all other legal remedies allowed by law.
Change Orders. Change Orders are common on work sites; the client is responsible to make sure exact cost is signed, if not signed, AJ's Marine Group LLC, reserves the right to charge a fair market price, and client agrees to pay. Change orders are 100% due ahead of change order work commencing.
Subcontracts. AJ's Marine Group LLC can and may use subcontractors to complete any part of the scope of work. If requested AJ's Marine Group LLC shall furnish to Client a list of names of subcontractors proposed to perform principal portions of the Work. AJ's Marine Group LLC shall not employ any subcontractor to whom Client reasonably objects. A subcontractor, for the purposes of this Agreement, shall be a person with whom AJ's Marine Group LLC has a direct contract for work at the Property. All contracts between AJ's Marine Group LLC and a subcontractor shall be in accordance with the terms & conditions stated here within.
Completion Time. No completion date is provided. However, work will be completed in the shortest period of time, permitted by weather conditions and consistent with good workmanship on the part of all workmen and subcontractors, when applicable, on the jobsite. AJ's Marine Group LLC makes no representation or guarantee regarding the completion date or timelines.
Disclaimer of Liability for Damage to Boat Docks: AJ’S Marine Group LLC explicitly disclaims any responsibility or liability for any damage to boat docks, whether owned by the user or any third party, arising from the use of our products/services. By engaging with our products/services, the user acknowledges and agrees that AJ’s Marine Group LLC shall not be held accountable for any direct, indirect, incidental, special, or consequential damages resulting from the use or inability to use our products/services that may cause damage to boat docks.
Users expressly understand and accept that the use of our products/services is at their sole risk. In no event shall AJ’s Marine Group LLC be liable for any damages, including, without limitation, damages for loss of data or profit, or due to business interruption, arising out of the use or inability to use our products/services, even if AJ’sMarine Group LLC has been notified orally or in writing of the possibility of such damage.
By using our products/services, the user hereby releases AJ’s Marine Group LLC, its affiliates, officers, employees, and agents from any and all liability, claims, demands, and causes of action arising out of or in connection with any damage to boat docks incurred during the use of our products/services.
This disclaimer of liability shall apply to the fullest extent permitted by law, and in no event shall our cumulative liability to the user exceed the total amount paid to us by the user for the specific product or service that allegedly caused the damage to boat docks.
No Fault damage during transfer: AJ’S Marine Group LLC shall not be held liable for any No Fault damage that occurs during transportation of any vessel. This includes but is not limited to scratches, dents, scuffs, or any other damages resulting from circumstances beyond our control. The no Fault damage refers to damages or losses incurred during transportation that are beyond the control of AJ’S Marine Group LLC. This includes but is not limited to, acts of nature, accidents, road conditions, and unforeseeable events.
Disputes. Complaints and/or damages to the property/content/ boat should be reported to the owners of AJ's Marine Group LLC the day of, not to an employee or subcontractor representing the company. Any dispute arising out of or relating to this Agreement, including the alleged breach, termination, validity, interpretation, and performance thereof (“Dispute”) shall be resolved with the following procedures:
A. Negotiation -Upon written notice of any Dispute, the parties shall attempt to resolve it promptly by negotiation between executives who have authority to settle the Dispute and this process should be completed within 30 days (the “Negotiation”).
B. Mediation -If the dispute has not been resolved by negotiation in accordance with paragraph A, then the parties shall proceed to mediation unless the parties at the time of the dispute agree to a different time frame. A “Notice of Mediation” shall be served, signifying that the Negotiation was not successful and to commence the mediation process. The parties shall agree on a mediator; however, if they cannot agree within 14 days, then a local mediation service provider shall appoint a mediator. The mediation session shall be held within 45 days of the retention of the mediator, and last for at least one full mediation day, before any party has the option to withdraw from the process. The parties may agree to continue the mediation process beyond one day, until there is a settlement agreement, or one party [or the mediator] states that there is no reason to continue because of an impasse that cannot be overcome and sends a “notice of termination of mediation.” All reasonable efforts will be made to complete the mediation within 30 days of the first mediation session. During the course of the mediation, no party can assert the failure to fully comply with paragraph A, as a reason not to proceed or to delay the mediation. The service of the Notice of Mediation shall stay the running of any applicable statute of limitations regarding the Dispute until 30 days after the parties agree that the mediation is concluded, or the mediator issues a Notice of Impasse. Each side shall bear an equal share of the mediation costs unless the parties agree otherwise. All communications, both written and oral, during Phases A and B are confidential and shall be treated as settlement negotiations for purposes of applicable rules of evidence; however, documents generated in the ordinary course of business prior to the Dispute, that would otherwise be discoverable, do not become confidential simply because they are used in the Negotiation and/or Mediation process. The process shall be confidential based on terms acceptable to the mediator and/or mediation service provider.
Marina Fees Responsibility Clause
Client Responsibility: The client acknowledges and agrees that all marina fees associated with the mooring, docking, or storage of the vessel at any marina during service shall be the sole responsibility of the client. Payment Obligation: The client agrees to promptly pay all applicable marina fees as outlined in the fee schedule provided by AJ’s Marine Group LLC. Such fees shall be paid in accordance with the terms specified by the marina management. Non-Payment Consequences: In the event of non-payment or delinquency of marina fees, the client shall be solely responsible for any penalties, late fees, or interest charges incurred as a result of such non-payment. Marina's Right to Collect: The marina reserves the right to collect outstanding marina fees directly from the client's designated payment method on file or by any other means deemed appropriate by the marina management. Termination of Services: Failure to pay marina fees in a timely manner may result in the termination of mooring, docking, or storage services, and the client may be required to vacate the marina premises immediately. Liability: The client acknowledges that any failure to pay marina fees in accordance with this agreement may result in legal action to recover outstanding amounts, as well as potential liability for any damages incurred by the marina as a result of non-payment. Attorney Fees & Costs. Client hereby agrees to indemnify AJ's Marine Group LLC for any and all expenses, including but not limited to, attorneys’ fees and other related costs. Client further agrees to pay all costs, including but not limited to, reasonable legal fees, filing fees, and court costs incurred by AJ's Marine Group LLC in collecting sums due or breach of any other part of the terms & conditions.
Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which together, shall constitute one and the same document.
Defamation Clause. The parties agree that from the time of the approved estimate, for a period of 3 years, each of them will not defame, criticize or make bad faith derogatory statements to third parties about the other party, or any of its affiliates, related entities, or any past or present officers, directors or employees, and that you will not otherwise do or say anything that could disrupt the good morale, or otherwise harm the interests or reputations of each other.
Notices. Any notice or communication given or made to any Party under this Agreement shall be in writing and delivered by hand, sent by overnight courier service, or sent by certified or registered mail, return receipt requested, to the address stated above or to another address as that Party may subsequently designate by notice and shall be deemed given on the date of delivery.
Assignment. No Party hereto shall have the right to assign its rights or delegate its duties hereunder without the written consent of the other Party, which consent shall not be unreasonably withheld.
Binding Effect. This Agreement shall be binding and ensure to the benefit of the Parties and their respective legal representatives, heirs, administrators, executors, successors and permitted assigns.
Governing Law. This Agreement and the rights and obligations of the Parties hereto shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflicts of law’s provisions.
Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable in whole or in part, the remaining provisions shall not be affected and shall continue to be valid, legal, and enforceable as though the invalid, illegal or unenforceable part had not been included in this Agreement.
Entire Agreement. This Agreement contains the entire agreement between the Parties hereto with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, and agreements.