January 31, 2013

Spring Make Ready

Spring Make Ready Form

Please fill in your information and let us know how we can service your boat to get it ready for the open water!

Name:*
E-mail:*
Phone:
-
Boat Information & Address*
Please select the service you would like:*
How many batteries would you like reconnected or serviced & reinstalled? (Re-connecting winterized batteries is included however servicing batteries is $31.25 each as stated above)
Desired Launch Date:
Additional Work Requests:
Credit Card Information: (Card will be kept on file and is needed before any work begins)*
Terms and Conditions: By checking this box I acknowledge that I have received, understand, and accept the Terms and Conditions set forth on this webpage below as a part of this contract. I further agree to pay all additional services I have checked on this page and authorize Avalon Marine Center, herein known as AMC, to perform such services at the pricing set forth herein plus any additional parts and materials and applicable taxes. I further agree that any additional work I request during the term of this contract will be performed under this contract and under the same terms and conditions as set forth herein. *
Terms and Conditions: By typing my name in this box I acknowledge that I have received, understand, and accept the Terms and Conditions set forth on this webpage below as a part of this contract. I further agree to pay all additional services I have checked on this page and authorize Avalon Marine Center, herein known as AMC, to perform such services at the pricing set forth herein plus any additional parts and materials and applicable taxes. I further agree that any additional work I request during the term of this contract will be performed under this contract and under the same terms and conditions as set forth herein. *
Type the characters you see here:

Avalon Marine Center —Terms and Conditions
  1. Storage Facility. AMC will provide storage in accordance with this Contract at its marina property located on Old Avalon Blvd, in Middle Township, NJ (hereinafter “Facility”).
  2. Storage Term. Storage under this Contract begins at 0001 on April 16, _2016_ and ends at midnight on October 31, _2016__ (hereinafter “Term”). This Contract creates a license for the Owner identified on page 1 hereof to “store” the vessel identified on page 1 during the Term of this Contract. Unless the Owner has entered into a Dockage Agreement with AMC, the Owner hereby agrees to pay daily storage charges of $5.00 per foot, per day, based upon the length of the vessel as set forth on page 1 hereof, for each and every day the vessel remains at the Facility beyond the Storage Term.
  3. Vessel Title, Authority and Condition. Owner represents and warrants that Owner is the lawful owner of and lawfully possesses the vessel and has the right and authority to enter into this Contract with AMC. Owner further represents and warrants that there are no known potential health, safety, and/or environmental hazards associated with the storage and handling of the vessel. If, as a result of a quality or condition of the vessel, same is or becomes a hazard to other vessels, property, or persons, AMC shall notify Owner, and Owner shall immediately remove the vessel from Facility. Pending such disposition, AMC may remove the vessel from the Facility and shall incur no liability by reason of such removal, even if such liability arises as a result of AMC’s sole or partial negligence.
  4. Payment of Agreed Rates and Charges. Owner hereby agrees to pay for all services which are checked and initialed on page 2 of this Contract as well as any additional services requested, plus all taxes applicable to such services. Owner hereby certifies that they have the authority to authorize not only the services, but the payment thereof. Owner acknowledges and agrees to full payment of the storage fees upon the execution of this Contract, and full payment all other services in accordance with the terms of AMC’s invoice. Owner further acknowledges that failure to pay for such services creates a lien upon the vessel and subjects the vessel to arrest until such fees are paid. AMC will provide the Customer with a monthly invoice for the Services. In the event the Owner does not make payments in full for the Services requested in accordance with the terms enumerated herein; Owner agrees that they shall be liable for any unpaid balance, together with late fees of $25.00/month, returned check fee of $35.00 each, and a finance charge of two percent (2%) per month. AMC may, in its sole discretion, cancel this Contract due to repeated late payment or a returned check, and may, in addition, demand removal of the vessel from the Facility.
  5. Work on Vessel. Unless otherwise agreed to in writing by AMC, no painting, spraying, sand blasting, welding or other similar maintenance and repair of the vessel is permitted. All vendors of Owner who wish to perform work on the vessel while at the facility are required to execute and abide by AMC’s Outside Vendor Agreement.
  6. Parking. Owner agrees not to park any vehicles at the Facility, other than to load and unload the vessel, or equipment for or onto the vessel.
  7. No Live Aboard. No one, including Owner, shall live aboard the vessel while stored at the Facility — for any length of time. Should anyone be found living aboard the vessel, this Contract may be cancelled, without refund, and AMC may further demand removal of the vessel from the Facility with 7 days.
  8. Storage Services. It is expressly agreed that the contract is for rental of ground space and services and is not a bailment agreement. AMC shall receive the vessel at the Facility, provide storage of the vessel at the Facility, and re-deliver the vessel to the Owner at the Facility. AMC, in its sole discretion, shall select the manner of storage and the location within the Facility for storing the vessel, and may, without notice, move the vessel within the Facility, but shall not, without Owner’s prior written consent move the vessel to a location outside the Facility.
  9. Damage Waiver. Neither AMC, nor its employees or agents, are responsible for damage of any kind to Owner’s vessel while at the Facility or in the custody and control of AMC, even if such damage results from the sole acts or omissions of AMC. Owner understands that they are responsible to maintain insurance coverage on their vessel throughout the delivery, storage and re-delivery of their vessel.
  10. Assumption of Risk and Indemnification. Owner assumes all risk of storage of the vessel at the Facility once the vessel is hauled and blocked, including risk of injury to Owner’s relatives, guests, agents, vendors, representatives, or employees. AMC makes no warranty of any kind respecting the condition of the Facility, including but not limited to, the yard, lot, walks, fences or lighting. Owner hereby agrees to defend, indemnify and hold harmless, AMC, its parents, affiliates, subsidiaries, insurers, directors, officers, employees, agents, predecessors, successors and assigns against any claims for injury to Owner, Owner’s relatives, guests, agents, vendors, representatives, or employees, occurring at, around or near the Facility, even if said injuries are caused by AMC’s sole acts or omissions.
      AMC is responsible only for its own negligence in moving the Owner’s boat or equipment out of the water and over land, but is not responsible for any damage or loss after said boat is blocked. Thereafter, Owner assumes all risk of damage to the vessel, its equipment or personal property thereon, resulting from, but not limited to, acts of third-parties, fires, flooding, winds, or for any other reason. Owner hereby agrees to defend, indemnify and hold harmless, AMC, its parents, affiliates, subsidiaries, insurers, directors, officers, employees, agents, predecessors, successors and assigns against any claims (including subrogation) for damage to the vessel while stored at the Facility, even if said damage is caused by AMC’s acts or omissions.
  1. Limitations on Damages to Owner. Even if the above indemnification and waiver provisions are deemed invalid or unenforceable, the parties nevertheless expressly agree that AMC’s liability for any claims (including subrogation) for loss or damage to the vessel while in AMC’s care, custody or control shall have a maximum limit of $2,000.00 or the total storage charge, whichever is less. In no event shall AMC be liable for incidental or consequential damages or loss of use or lost sales or profits.
  2. Limitations. Owner shall at all times maintain hull, general liability and property damage insurance on the vessel with liability limits in amounts sufficient to insure performance by Owner of the hold harmless and indemnity provisions contained herein. Should Owner allow such insurance to expire, or Owner’s limits be insufficient, or if coverage is denied, Owner shall be deemed self-insured for any and all award of damages beyond coverage amounts.
      Owner shall name AMC as an additional insured and shall provide a certificate of insurance to AMC evidencing its status as additional insured and waiving subrogation. Owner’s failure to comply, or demonstrate compliance, with this provision, however, does in no way constitute waiver by AMC of this provision.
  1. Liens. A lien is hereby granted in favor of AMC, and the Owner acknowledges and agrees that such lien attaches to their vessel at the time of performance of the Services hereunder and is satisfied only by payment in full of all outstanding balances. By executing this Contract, Owner hereby gives AMC the right to arrest or otherwise detain the vessel until all balances are paid in full.
  2. Waiver of Estimate. In the event Owner has not requested a written estimate for additional work, Owner hereby waives any right, created by statute or otherwise, to such written estimate.
  3. Assignment. This Contract may not be assigned by Owner without prior written consent of AMC, which consent shall not be unreasonably withheld. Owner hereby agrees that AMC may, without notice to and without the consent of Owner, assign its obligations, rights and remedies under this Contract to a third party of its choosing.
  4. Notice of Loss or Damage and Claims Therefore. Owner agrees to give AMC written notice of a claim for loss or damage to the vessel or Such notice is to be provided not later than fourteen days after re-delivery of the vessel to Owner or Owner’s representative.
  5. Time Bar. Owner hereby acknowledges and agrees that any action by Owner arising out of, or relating to, this Contract or storage or services provided hereunder is time-barred unless such action is commenced within twelve (12) months after the Term of this Contract or the date Owner is notified by AMC that loss or damage to the Vessel has occurred, whichever date first occurs.
  6. Notices. All notices to the parties shall be to the address contained in the Contract. Notice shall be provided by facsimile, email or certified mail. All such notices shall be deemed received on the day the notice was sent.
  7. Waiver of Right to Trial by Jury. The parties expressly waive the right to trial by jury with respect to any claim arising out of or relating to this Agreement.
  8. Jurisdiction. This Contract is made in the State of New Jersey and Owner agrees that the law governing all disputes shall be Federal Maritime Law and that all disputes in any way relating to this Contract shall be determined by a court of competent jurisdiction in the State of New Jersey to the exclusion of the jurisdiction of any other the courts of any other state.
  9. Attorney’s Fees and Costs. Owner agrees to reimburse AMC for any and all costs and expenses, including reasonable attorney’s fees, if AMC is required to pay its attorneys for services related to collecting sums owed under this Agreement.
  10. Parties Bound. Each person signing this Contract represents and warrants that he/she has the authority to sign for the party for whom or which he or she is executing the Contract. Owner agrees that this Contract shall be binding upon his heirs, successors, executors, administrators, trustees, insurers, principals, and agents. This Contract shall inure to the benefit of and be enforceable by AMC and its respective successors, assigns, trustees, insurers, principals, and agents.
  11. Modification. Any amendment or modification to this Contract shall be effective only if in writing and signed by each party hereto.
  12. Entire Agreement. Neither AMC, nor Owner, have made any oral promises or agreements and this Contract embodies the entire agreement and understanding between the parties and supersedes all prior discussions, oral agreements, and other written agreements and understandings between them relating to the subject matter.
  13. Survival. Paragraphs 9, 10, 11, 12, 13, 14, 19, 20, 21 and 22 survive the Term of this Contract.
  14. Additional Services. The parties agree that any additional Work Order for services may be listed below, but nevertheless, each additional Work Order for services authorized for the vessel identified on Page 1 of this contract is incorporated herein by reference and is subject to the above Terms and Conditions in addition to Terms and conditions contained in the Work Order.