Service Terms

Service Terms

Nicholson Marine Services, Inc. and the customer agree to the following terms of service, which shall apply in any and all circumstances:

STANDARD DEPOSIT AND HOURLY RATES:

A MINIMUM DEPOSIT OF $105.00 BY CREDIT CARD, FOR THE MINIMUM ONE-HOUR SERVICE CALL, IS REQUIRED TO SECURE SERVICE AND MUST ACCOMPANY A WORK ORDER AUTHORIZATION FORM (TO BE OBTAINED FROM NICHOLSON MARINE), FILLED OUT IN ITS ENTIRETY AND SIGNED BY THE BOAT OWNER. TECHNICIAN DOES NOT BOARD THE VESSEL UNTIL THE FORM AND DEPOSIT IS RECEIVED. AN ADDITIONAL DEPOSIT MAY BE REQUESTED FOR ENGINE SURVEYS, WARRANTY DEDUCTIBLES, OR IF THE AMOUNT OF WORK AND/OR PARTS IS ANTICIPATED TO BE GREATER THAN $500.00.

2024 LABOR RATE FOR TIME AND MATERIALS

(ALL JOBS ARE T/M JOBS UNLESS OTHERWISE NOTED) LABOR RATE IS $105.00 PER HOUR FOR ALL STANDARD RETAIL JOBS BILLED TO A BOAT OWNER; $150.00 PER HOUR FOR WARRANTY AND INSURANCE CLAIMS AND MAST CLIMBING, AND $120.00 PER HOUR FOR RETAIL HEAD/SANITATION JOBS. ALL JOBS ARE CHARGED AS THE HOURLY RATE FROM TIME TECHNICIAN LEAVES NICHOLSON MARINE PREMISES UNTIL TIME TECHNICIAN RETURNS TO NICHOLSON MARINE PREMISES, PLUS APPLICABLE TOLLS AND PARKING. ONCE A WORK ORDER FORM IS SUBMITTED TO NICHOLSON MARINE AND SIGNED BY THE CUSTOMER, THESE TERMS APPLY TO ALL FUTURE AND ADDITIONAL SERVICE CALLS REQUESTED BY THE CUSTOMER REGARDLESS OF WHETHER ADDITIONAL WORK ORDER FORMS ARE SUBMITTED: THESE TERMS APPLY FOR THE DURATION OF THE SERVICE RELATIONSHIP BETWEEN THE CUSTOMER AND NICHOLSON MARINE.

PAYMENT TERMS:

INVOICES ARE DUE IMMEDIATELY UPON RECEIPT. A VISA OR MASTERCARD NUMBER IS REQUIRED TO SECURE A WORK ORDER AND A ONE HOUR MINIMUM SERVICE CHARGE WILL BE TAKEN AS A DEPOSIT ON THE CARD. THE CARD WILL BE CHARGED AGAIN FOR THE FINAL BALANCE OF THE INVOICE IF IT GOES UNPAID FOR MORE THAN 10 DAYS FROM THE INVOICE DATE, OR IF REQUESTED TO BE CHARGED BY THE CUSTOMER, UNLESS OTHER PAYMENT ARRANGEMENTS ARE MADE. A 3% PROCESSING FEE WILL BE ADDED TO ALL CREDIT CARD PAYMENTS, EXCEPT THE ONE HOUR REQUIRED DEPOSIT. RETURNED CHECKS AND DECLINED CREDIT CARDS ARE SUBJECT TO A $30.00 ADMINISTRATIVE FEE PLUS BANK FEES. IF A CREDIT CARD CHARGED DUE TO NON-PAYMENT OF THE INVOICE IS DECLINED OR DISPUTED, INTEREST FEES WILL APPLY. A 1.5 % INTEREST FEE WILL BE ADDED PER MONTH ON UNPAID INVOICES. BOAT OWNER IS RESPONSIBLE FOR ALL ATTORNEY'S FEES ASSOCIATED WITH COLLECTION OF PAYMENT. NEW WORK WILL NOT COMMENCE UNTIL THE BALANCE OF PREVIOUS JOBS IS PAID IN FULL. WARRANTY WILL NOT BE PERFORMED OR HONORED UNTIL THE BALANCE OF THE PARTS AND LABOR TIME BILLED IS PAID IN FULL. NICHOLSON MARINE WILL NOT WARRANTY PARTS AND LABOR THAT HAVE NOT BEEN PAID FOR BY CUSTOMER.

ESTIMATES:

CUSTOMERS SEEKING ESTIMATES MUST PAY THE MINIMUM DEPOSIT ABOVE IN ORDER FOR A TRAINED TECHNICIAN TO VISIT THE BOAT AND PROVIDE THE ESTIMATE. CUSTOMERS SEEKING ESTIMATES WILL BE CHARGED FOR THE TOTAL TIME SPENT ON YOUR VESSEL FOR EQUIPMENT INSPECTIONS, TROUBLESHOOTING, AND TAKING MEASUREMENTS, IN ADDITION TO ADMINISTRATIVE TIME REQUIRED FOR RESEARCHING AND DETERMINING APPROPRIATE PARTS FOR THE VESSEL AND LABOR, DRAWING SCHEMATICS AND OTHER TECHNICAL EXPERTISE, CONSULTING, AND WORK PRODUCT PRODUCED BY NICHOLSON MARINE IN ORDER TO PROVIDE A MORE ACCURATE ESTIMATE, AND WILL BE BILLED AT THE TECHNICIAN’S NORMAL HOURLY RATE FOR THE TIME IT TAKES TO PRODUCE THE ESTIMATE/WORK PRODUCT REGARDLESS OF WHETHER OR NOT CUSTOMER CHOOSES TO PROCEED WITH THE ESTIMATED JOB. ESTIMATES ARE SUBJECT TO CHANGE DUE TO AVAILABILITY AND MARKET PRICING. CUSTOMERS ACKNOWLEDGE THAT ESTIMATES ARE SUBMITTED IN GOOD FAITH BUT ARE NOT GUARANTEED. CUSTOMERS ARE RESPONSIBLE FOR PAYING THE FINAL INVOICE AMOUNT, WHICH MAY BE MORE OR LESS THAN THE ESTIMATE BASED ON ACTUAL TIME, COSTS, SHIPPING, MATERIALS AND/OR UNFORESEEN CIRCUMSTANCES.

WARRANTY:

LABOR IS WARRANTEED FOR 90 DAYS FROM INVOICE DATE ON RECREATIONAL VESSELS 10 YEARS OLD OR NEWER ONLY, REGARDLESS OF LOCATION OR HOURS OF USAGE. WARRANTY IS VOID WHEN A SECOND PARTY, INCLUDING THE OWNER OR ANY OTHER TECHNICIAN, PERFORMS WORK. NICHOLSON MARINE IS NOT RESPONSIBLE FOR LOSS OR DAMAGE TO VESSEL/PROPERTY, OR ARTICLES LEFT THEREIN OR WITH, IN CASE OF FIRE, THEFT, ACCIDENT, INCLEMENT WEATHER CONDITIONS OR ANY OTHER CAUSE. INVOICE MUST BE PAID AND ACCOUNT IN GOOD STANDING FOR LABOR TO BE WARRANTEED. BOAT OWNER IS RESPONSIBLE FOR PAYING ALL PORTIONS OF WARRANTY AND/OR INSURANCE CLAIMS NOT COVERED BY THE MANUFACTURER AND/OR INSURANCE COMPANY.

DEFAULT AND RESULTING LIEN:

IN ADDITION TO ANY AND ALL OTHER LEGAL REMEDIES AVAILABLE TO NICHOLSON MARINE, CUSTOMER AUTHORIZES A MECHANIC’S LIEN ON THE CUSTOMER’S VESSEL/PROPERTY TO SECURE THE AMOUNT OF SERVICE/REPAIRS THERETO. VESSELS/PROPERTY WITH OVERDUE INVOICES AND THEIR CONTENTS MAY BE SOLD AT AUCTION FOR FAILURE TO PAY CHARGES AFTER 90 DAYS FROM INVOICE DATE. CUSTOMER IS RESPONSIBLE FOR ALL ATTORNEY'S FEES ASSOCIATED WITH COLLECTION OF PAYMENT. IN THE EVENT A BILLABLE TECHNICIAN MUST APPEAR IN COURT, THE CUSTOMER WILL BE BILLED BY NICHOLSON MARINE FOR THAT TECHNICIAN’S LOST HOURLY LABOR AT THE CURRENT LABOR RATE PLUS THE TECHNICIAN’S HOURLY PAY AND ANY OTHER DAMAGES INCURRED DUE TO LOSS OF BUSINESS.

LIMITATION OF DAMAGES:

CUSTOMER AGREES THAT IN THE EVENT THAT ANY ACTION IS BROUGHT BY THE CUSTOMER AGAINST NICHOLSON MARINE, CUSTOMER SHALL NOT BE ENTITLED TO RECOVER ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO INDIRECT OR SPECIAL DAMAGES, LOSS OF INCOME OR ANTICIPATED PROFITS, OR DOWN-TIME, OR ANY PUNITIVE DAMAGES. NICHOLSON MARINE’S TOTAL LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING OUT OF ANY AND ALL CAUSES OF ACTIONS WHATSOEVER INCLUDING, WITHOUT LIMITATION, DEFECTS IN THE GOODS, SERVICES, SUPPLIED UNDER THIS AGREEMENT, SHALL IN NO EVENT EXCEED THE CHARGES OF THIS AGREEMENT.

CUSTOMER INSURANCE:

NICHOLSON MARINE RESERVES THE RIGHT TO REQUIRE CUSTOMER TO PROVIDE A CERTIFICATE OF INSURANCE CONFIRMING THAT HE/SHE HAS SUFFICIENT LIABILITY INSURANCE TO SATISFY ANY LOSSES OF ANY TYPE WHICH MAY OCCUR ON THEIR VESSEL WHILE THE VESSEL, ITS EQUIPMENT, AND PERSONAL PROPERTY ARE BEING WORKED ON BY OR IN THE POSSESSION OF NICHOLSON MARINE.

PARTS RETURNS:

UNDAMAGED PARTS IN THEIR ORIGINAL PACKAGE MAY BE RETURNED WITHIN 14 DAYS OF PURCHASE WHEN ACCOMPANIED BY THE ORIGINAL RECEIPT, AND MAY BE SUBJECT TO SHIPPING FEES AND A RESTOCKING FEE OF UP TO 30%. A MASTERCARD OR VISA IS REQUIRED FOR ALL SPECIAL ORDER PARTS AND SHIPPING WILL BE CHARGED TO THE CUSTOMER IF APPLICABLE. FAULTY PARTS DUE TO MANUFACTURER’S DEFECT MAY BE REPLACED ACCORDING TO MANUFACTURER’S INDIVIDUAL WARRANTY RULES. WASTE SYSTEM PARTS ARE NOT RETURNABLE IF OPENED. CUSTOM BUILT ITEMS, INCLUDING BUT NOT LIMITED TO TANKS, ENGINES AND GENERATORS ARE NOT RETURNABLE - ISSUES MUST BE ADDRESSED THROUGH WARRANTY CLAIMS OR RETAIL WORK.

STORAGE AND ABANDONED PROPERTY:

IF LEFT WITH NICHOLSON MARINE, CUSTOMERS MUST PICK UP THEIR VESSEL/PROPERTY FROM NICHOLSON MARINE IMMEDIATELY UPON SERVICE COMPLETION OR STORAGE PICK-UP DATE AND MUST REMIT PAYMENT IN FULL BEFORE VESSEL/PROPERTY IS RELEASED BY NICHOLSON MARINE. VESSELS AND ALL OTHER PARTS LEFT AT NICHOLSON MARINE SERVICES BY THE CUSTOMER FOR MORE THAN 10 DAYS FROM INVOICE DATE ARE SUBJECT TO STORAGE FEES. NICHOLSON MARINE SERVICES RESERVES THE RIGHT TO DISCARD UNCLAIMED PROPERTY AFTER 30 DAYS FROM INVOICE DATE. AN EXPRESS MECHANIC’S LIEN IS ACKNOWLEDGED ON THE VESSEL/PROPERTY TO SECURE THE AMOUNT OF REPAIRS THERETO. PROPERTY INCLUDING VESSELS AND THEIR CONTENTS LEFT AT NICHOLSON MARINE SERVICES MAY BE SOLD AT PUBLIC AUCTION FOR FAILURE TO PAY CHARGES AFTER 90 DAYS FROM INVOICE DATE.

RIGHT OF REFUSAL:

NICHOLSON MARINE SERVICES RESERVES THE RIGHT TO DENY SERVICE TO ANY CUSTOMER AND/OR VESSEL WITH OR WITHOUT CAUSE.

WAIVER OF JURY:

CUSTOMER EXPRESSLY WAIVES HIS/HER RIGHT TO A JURY TRIAL AS TO ANY ENFORCEMENT AND/OR BREACH OF CONTRACT ARISING FROM THIS AGREEMENT.

CHANGES TO AGREEMENT:

NO WAIVER AND/OR CHANGE OF ANY TERM OF THIS AGREEMENT SHALL BE VALID UNLESS IT IS IN WRITING AND SIGNED BY AN OFFICER OF NICHOLSON MARINE. IF ANY PROVISION OR PART OF ANY PROVISION SHALL BE DEEMED TO VIOLATE ANY APPLICABLE LAW OR REGULATION, SUCH INVALID PROVISION OR PART OF A PROVSION SHALL BE INAPPLICABLE, BUT THE REMAINING PART OF THAT PROVISION AND THE REMAINDER OF THE AGREEMENT SHALL CONTINUE TO BE BINDING AND ENFORCEABLE.

LAW, JURISDICTION AND VENUE:

THIS AGREEMENT SHALL BE GOVERNED BY FLORIDA LAW. JURISDICTION AND VENUE FOR ANY PROCEEDING ARISING FROM AND/OR RELATED TO THIS AGREEMENT SHALL SOLELY AND EXCLUSIVELY LIE IN THE FLORIDA TWELFTH CIRCUIT IN BRADENTON, FLORIDA.

PREVAILING PARTY:

SHOULD ANY DISPUTE ARISE, CONCERNING ENFORCEMENT AND/OR BREACH OF THIS AGREEMENT, THE PREVAILING PARTY SHALL BE ENTITLED TO THEIR ATTORNEY’S FEES AND COSTS. PREVAILING PARTY SHALL BE DETERMINED BY THE PRESIDING TWELFTH CIRCUIT JUDGE.