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Terms of Service

Rover Marine, Terms of Service

This service delivery agreement is a legally binding contract between Rover Marine, LLC (“RM”) and the Customer. The acceptance of any offer for goods or services provided by Rover Marine, LLC is expressly limited to the terms and conditions set forth herein. Unless otherwise agreed in writing by RM, these Terms and Conditions shall override any terms and conditions stipulated, incorporated, referred to or implied by RM, whether in writing or verbally. Any additional or different terms that the Customer may provide or communicate to RM are material alterations and RM expressly rejects them.

1. DEFINITIONS

  1. “RM” means Rover Marine, LLC dba Rover Marine;
  2. “Customer” shall mean the Customer identified in the estimate, invoice, online request or other ordering document and the person authorized to request RM to undertake the Services;
  3. “Manufacturer(s)” shall mean the entity or entities that manufactured the Parts used in the Services;
  4. “Estimate” shall mean the estimate which reference these Terms of Service, prepared by RM and accepted by Customer;
  5. “Part(s)” shall mean the new and/or used parts, components, accessories or materials used in the Services;
  6. “Services” shall mean the repair, installation, and/or maintenance services performed by RM for Customer, together with the Parts;
  7. “Terms of Service” shall mean these terms and conditions of installation, maintenance, and repair services;
  8. “Vessel” shall mean Customer’s vessel, trailer, motor, equipment, or components (under their ownership or control) to be serviced by RM.

2. CUSTOMER’S REPRESENTATIONS

  1. Customer represents they are the Owner of the Vessel or have been authorized by the Owner of the Vessel to enter into this Agreement, will maintain marine liability insurance on the Vessel with coverage limits not less than $300,000, and will be solely responsible for ascertaining the suitability of the work performed and materials installed for Owner’s intended purposes.

3. ACCESS TO VESSEL

  1. Customer agrees to grant and make safe and easy access to the vessel for RM to effectively perform the Services.
  2. Customer agrees to leave any access codes and key RM will need to perform the Services. 
  3. Customer authorizes RM to operate the Vessel for purpose of testing, inspection, delivery, docking and berthing, and when otherwise necessary, at Customer’s risk.

4. PAYMENT

Customer agrees to pay RM, without deduction or offset, for all labor, travel costs, services, and materials provided in connection with the Services as follows:

  1. 50% of estimated time, parts, and travel and 100% of known parts shall be paid as a deposit upon acceptance of the Estimate.
    1. Service will not be scheduled until deposit is received. 
    2. Occasionally RM may discover that additional work may be required to achieve the results the Customer expects. RM will send Customer a written estimate for this extra work and an additional deposit invoice if needed.
    3. ADDITIONAL WORK: If Customer makes an oral or written request to RM to modify or add to the Services requested in the Estimate, any modified or additional work shall be on a time and materials basis at rates then currently in effect and shall be subject to all of the Terms and Conditions of this Agreement.
  2. Thereafter RM will invoice at specified stages of Services as completed with a final invoice upon completion of Services that will include remaining actual time, parts, and travel costs. 
  3. Unless otherwise indicated on the invoice, payment shall be due upon receipt of invoice.
  4. Should Customer fail to make the appropriate payments when due, RM may immediately cease any and all work on the Vessel until it receives, in its sole discretion, adequate assurances that payment will be made pursuant to these terms and conditions. Any amount more than ten days past due shall subject to a charge of one percent (1%) per month (12% per annum) from the date due.
    1. New work will not commence until the balance of previous Services is paid in full. 
    2. Warranty will not be performed or honored until the balance of all outstanding invoices is paid in full.
    3. RM will not warranty parts and labor that have not been paid for by Customer.
    4. Any grant(s) of extensions of time for payment will not diminish, waive, release or discharge the Customer’s obligations under this Agreement. 
    5. In the event RM deems it necessary to retain counsel and/or a collection agency to collect any unpaid invoices, Customer agree to pay RM’s reasonable costs of collection, including, without limitation, lawyer fees, other collection costs and collection agency fees. 
    6. Customer acknowledges and agrees the services provided by RM entitle it to a maritime lien against the Vessel under the Federal Maritime Lien Act and other maritime laws, as well as state liens under Washington law. Client agrees that the liens shall extend to and secure all amounts due RM under this Agreement or at law and that no release of possession shall waive or prejudice such liens.
  5. PAYMENT OF UNDISPUTED AMOUNTS: In the event of a dispute or claim with respect to any item(s) of the agreed work, Customer shall pay promptly on a timely basis the agreed charges for all other items of the work not in dispute.

5. FEES

Unless otherwise agreed, RM agrees to perform on a time and material basis the Services described in the Estimate and any additional Services ordered by Customer in accordance with Customer’s instructions and good marine practice. Labor will be charged at the hourly rate set out below. RM reserves the right to increase rates periodically. In the event RM raises its rates during the term of this Agreement, Customer agrees to pay the increased rates for all work performed thereafter.

  1. Fee descriptions
    1. Trip charge fees
      1. Travel: $1.50/mile each direction from Shilshole Bay Marina
      2. Transit Fees: Parking, ferry fares, tolls
      3. Lodging: For projects 50+ miles from Shilshole, if overnight accommodations are required and not provided by the client accommodations will be arranged and billed as a project expense
    2. Written Estimate (This is a price for performing work as written)
    3. Time Plus Material
      1. Hourly fees are billed at $130/hr in 15 minute increments.
        1. Time spent at the Vessel location while “on the clock”
      2. Material/Parts costs
        1. Based on MSRP unless stated otherwise
      3. Sales tax: Calculated based on the applicable rate in the jurisdiction where the work is performed
        1. Customer is responsible for and shall pay all taxes and/or duties applicable to the products (Parts). If RM pays such taxes on Customer’s behalf, Customer shall reimburse RM in full. 
      4. Weekend Work is billed at $150/hr in 15 minute increments.
      5. Emergency Work fee: Additional one-time fee 

6. DELAYS TO WORK

  1. Delays that are within the Customer’s ability to control and affect RM’s ability to perform the Services while RM is at the Vessel location, will be billed to the customer at RM’s standard hourly rate in 15 minute increments.

7. ESTIMATES

When requested by Customer, RM will provide time and cost estimates to Customer. Any such Estimates will be made honestly and in good faith based on RM’s knowledge and experience, but RM cannot guarantee their accuracy. 

  1. Unless otherwise specified in writing, all RM Estimates are firm for fourteen (14) days from the date of the Estimate.
  2. Customer acknowledges that boat repair work cannot always be accurately estimated in advance; that once work begins, unforeseen conditions or problems frequently arise; and other factors can affect estimated costs and completion times.
  3. Therefore, a formal Estimate is not a flat fee estimate. It is a best guess made in good faith based upon the averages for the type of job or task, and it is not a binding commitment to perform the task for the estimated amount.
    1. All estimated prices are subject to change without notice and are subject to correction of clerical errors.
  4. If the work goes faster than estimated, RM bills based upon real hours worked, and the reverse is also true. If a certain task is to take longer than formally estimated, RM will communicate this immediately with the Customer before proceeding, and options will be given to the Customer on how they would like to proceed. 
  5. Customer shall be charged and shall pay for all time, parts, materials, and supplies at RM’s then prevailing rates (with respect to time) or prices (with respect to parts, materials, and supplies).
    1. However, if RM discovers that different or additional repairs are needed, Customer will be contacted for authorization to make such additional repairs and options will be given to the Customer on how they would like to proceed. Authorization may be given by Customer orally or in written form, including email.
      1. If requested by Customer, RM will provide an updated time and cost estimates to Customer.
    2. In the event that Customer authorizes commencement but does not authorize completion of a Service, a charge will be imposed for disassembly, reassembly, or partially completed work. Such charge will be directly related to the actual amount of time and/or parts involved in the inspection, repair, or service performed.
  6. Customer accepts these realities and agrees any estimates furnished are to be used as guidelines only and are not binding on RM. 
  7. 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.
  8. Completion dates, if any, are approximate and are given by RM in good faith, but are not guaranteed unless otherwise specifically agreed in writing.
  9. If there is no formal Estimate written for Services,
    1. Customer agrees to pay for all services, parts and materials and all other incidental services, parts, supplies and materials which are, in the opinion of RM, reasonably necessary to perform the work specified by the Customer’s instructions. 
    2. Payment for work performed is still binding according to the terms in the Payment and Fees sections above. 
  10. OEM Parts. Customer acknowledges that estimates for repairs may include parts not made by the original manufacturer. Parts used in the repair of Customer’s Vessel by other than the original manufacturer are required to be at least equal in like kind and quality in terms of fit, quality and performance to the original manufacturer parts being replaced.

8. CANCELLATION, REDUCTION OR MODIFICATION OF ORDERED WORK 

  1. In the event Customer elects to cancel, reduce or modify the ordered Services, Customer must notify RM in writing and RM must acknowledge receipt of request prior to cancellation, reduction, or modification taking effect.
  2. In the event Customer elects to cancel, reduce or modify the ordered Services, Customer agrees to pay RM in full for:
    1. All work performed by RM or its subcontractors,
    2. All materials including any shipping or other related costs ordered by RM (net of any available return credit) prior to the time RM receives actual notice from Customer of the requested change.
      1. In all circumstances the Parts Vendor reserves the right to refuse the return of goods which were originally shipped to RM for the Services requested by the Customer however RM will make every effort to receive a refund for those returns from the vendor minus a 25% handling fee.

9. WARRANTIES

  1. LIMITED WARRANTY ON SERVICES:
    1. RM warrants that the Services shall be free of defects in workmanship and materials under normal service conditions for ninety (90) days from the date work was completed (“Services Warranty”). 
    2. LABOR IS WARRANTED FOR 90 DAYS FROM FINAL INVOICE DATE ON RECREATIONAL VESSELS 10 YEARS OLD OR NEWER ONLY, REGARDLESS OF LOCATION OR HOURS OF USAGE.
    3. Customer’s sole and exclusive remedy, and RM’s entire liability under the Services Warranty, is the repair of any nonconforming portion of the Services. 
    4. If work needs to be re-done due to an error on the part of RM, such work will be re-done free of charge and any damaged parts will be replaced free of charge.
      1. This includes any work of RM that is not ABYC compliant or work that caused failure solely due to the work of RM.
      2. IT DOES NOT INCLUDE FAILURES DUE TO EXTERNAL FACTORS THAT AFFECTED WORK THAT WAS PERFORMED BY RM.
        1. These factors include: leaks in the boat that damaged devices in a location that was supposed to be kept dry; damage of devices or installations due to improper operation or abuse; interference with the work of RM from electrical or other components of a system that RM was not hired or authorized to survey and that were not ABYC compliant; or interference with RM’s work from any such tertiary problems RM flagged but that the Customer elected to not have RM fix.
    5. This warranty is with the understanding that the work performed is based upon RM’s recommendation for your repairs. In a circumstance where RM’s recommendation is declined and work is performed to put a “patch” on a mechanical issue, that voids RM’s Services Warranty.
    6. INVOICE MUST BE PAID AND ACCOUNT IN GOOD STANDING FOR LABOR TO BE WARRANTED.
    7. The Services Warranty is valid only if the Vessel remains at same marina location where Services took place.
    8. Any such repair, replacement or adjustment shall be performed by RM, unless otherwise mutually agreed and approved in writing by RM prior to commencement of any work.
    9. The Services Warranty extends only to the Customer for whom the Services were provided and not any subsequent purchaser. 
    10. RM PROVIDES NO OTHER WARRANTIES CONCERNING ITS SERVICES AND DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. 
    11. RM MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES OF WHATSOEVER NATURE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF SEAWORTHINESS OR OR FITNESS FOR A PARTICULAR PURPOSE. 
    12. CUSTOMER AGREES THE SOLE AND EXCLUSIVE REMEDY FOR ANY FAULTY OR DEFECTIVE REPAIRS, INSTALLATION OF DEFECTIVE MATERIALS, OR ANY OTHER BREACH SHALL BE STRICTLY LIMITED TO, AT RM’S SOLE ELECTION, TO THE REPAIR, REPLACEMENT OR ADJUSTMENT OF THE FAULTY OR DEFECTIVE WORK OR MATERIALS.
    13. WARRANTY IS VOID WHEN A SECOND PARTY, INCLUDING THE CUSTOMER OR ANY OTHER TECHNICIAN, PERFORMS WORK.
  2. PARTS – MANUFACTURER WARRANTIES ONLY
    1. RM warrants good and clear title to all goods, equipment and materials supplied for the repair of the Vessel. 
    2. Any warranties on any Parts are limited only to those written warranties provided by the applicable Part’s manufacturer.
      1. RM honors the manufacturer’s warranty for parts, if that part has a warranty period associated with it.
      2. The PARTS warranty does not cover the cost of labor to remove and replace the defective part. Labor will be charged on PARTS warranties unless an arrangement is made with the manufacturer to compensate RM for labor.
    3. EXCEPT FOR ANY SUCH WARRANTIES MADE BY MANUFACTURERS, THE PARTS ARE SOLD WITHOUT ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EACH OF WHICH IS EXPRESSLY DISCLAIMED. 
    4. RM’s warranty with respect to all customer-furnished equipment installed aboard the Vessel by RM shall be strictly limited to workmanlike installation in accordance with the manufacturer’s specifications and good marine practice. 
    5. Upon request, RM will furnish to customer copies of warranties provided by vendors and third-party suppliers of machinery, equipment, parts and accessories. 
    6. RM will use reasonable effort to arrange all warranties of such manufacturers or suppliers to be for the benefit of the Customer and subject to direct action by the Customer.
      1. RM will contact the manufacturer and arrange the warranty of any parts purchased through RM.
    7. To the extent the foregoing is not reasonably feasible, RM will upon request, execute and deliver to Customer an assignment of such warranties. 
    8. CUSTOMER IS RESPONSIBLE FOR PAYING ALL PORTIONS OF WARRANTY AND/OR INSURANCE CLAIMS NOT COVERED BY THE MANUFACTURER AND/OR INSURANCE COMPANY.
  3. DISCLAIMER OF WARRANTIES
    1. EXCEPT FOR THE LIMITED WARRANTY PROVIDED ABOVE, RM DISCLAIMS ALL OTHER WARRANTIES EXPRESS OR IMPLIED WITH RESPECT TO THE WORK AND MATERIALS SUPPLIED, INCLUDING ANY WARRANTIES FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR WORKMANSHIP. 
    2. UNDER NO CIRCUMSTANCES SHALL RM, ITS OFFICERS OR EMPLOYEES BE LIABLE FOR ANY LOSS OF USE, LOST PROFITS OR ANY INDIRECT SPECIAL OR CONSEQUENTIAL DAMAGES TO CUSTOMER OR ANY THIRD PARTY, WHETHER CAUSED BY BREACH OF ANY OBLIGATION OR CONDITION OR WARRANTY (EXPRESS OR IMPLIED) OR ANY NEGLIGENCE OR OTHER TORT ON THE PART OF RM, ITS OFFICERS OR EMPLOYEES. 
    3. All warranties of RM are voided if goods or workmanship, or parts thereof, have been (1) improperly installed, used or maintained, (2) installed, used or serviced in any way other than in conformity with manufacturer’s specifications, manuals, or instructions, or (3) have been modified by other than RM. 
    4. RM neither assumes nor authorizes any other person to assume for it any liability in connection with the services or any parts provided to Customer in conjunction with the Services.

10. LIABILITY LIMITATIONS

  1. LIMITATION OF REMEDIES:
    1. RM SHALL NOT BE LIABLE IN CONTRACT OR AT LAW FOR ANY PERSONAL INJURY, DEATH, OR LOSS OR DAMAGE TO THE VESSEL OR TO ANY OTHER REAL OR PERSONAL PROPERTY, EXCEPT TO THE EXTENT SUCH LOSS OR DAMAGE WAS CAUSED BY THE NEGLIGENCE OR WILLFUL MISCONDUCT OF RM; PROVIDED, HOWEVER (1) IN NO EVENT SHALL RM BE LIABLE FOR ANY ECONOMIC LOSS, CONSEQUENTIAL OR INCIDENTAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, CREW WAGES, SALVAGE OR TUG EXPENSES, DELAY, DEMURRAGE OR LOSS OF USE OF THE VESSEL; AND (2) IN NO EVENT SHALL RM’S AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT OR AT LAW, TO ALL PARTIES IN INTEREST FOR ALL PERSONAL INJURY, DEATH, PROPERTY DAMAGES OR DELAYS EXCEED THE LESSER OF (1) $300,000.00 OR (2) THE SUM RECEIVED BY RM UNDER THIS AGREEMENT.
    2. Under no circumstances shall RM be liable for consequential or special damages such as: Loss of use of the Vessel; loss of charter hire; the cost of chartering or hiring a replacement Vessel; diminution in the Vessel’s fair market value; demurrage charges; loss of pre-paid transportation expenses for the Vessel; captain and crew wages; captain and crew repatriation expenses; surveyor’s fees; expert witnesses; fees; salvage expenses; and sue and labor CUSTOMER waives its right to recover consequential damages, special damages or punitive damages from RM. 
    3. CUSTOMER is responsible for securing the Vessel and all other personal property on the Vessel. RM shall not be liable for the care or protection of the Vessel (including its gear, equipment, and contents) or for any loss or damage of whatever kind or nature to the Vessel unless said loss or damage is the result of RM’s gross negligence or willful misconduct. This Agreement does not create a bailment between CUSTOMER and RM. Customer assumes all responsibility for, and indemnifies and holds RM harmless against any loss, cost, suit, or claim arising out of the use of any facility, including dock space, shop facility, boat yard, or paint facility, unless said loss, cost, suit, or claim arises from the gross negligence or willful misconduct of RM. CUSTOMER shall not activate, drive, or otherwise use the equipment or machinery prior to RM’s completion of the Services. 
    4. RM is liable for its own gross negligence and willful misconduct only. CUSTOMER agrees RM’s liability is limited to the amount CUSTOMER paid for the services provided under this agreement. RM is not jointly liable for damages caused in whole or in part by third parties. CUSTOMER covenants not to sue RM, its members, managers, employees and agents to recover any kind of damages, losses or expenses that are caused in whole or in part by either the CUSTOMER, its employees, including the Vessel’s captain and crew, guests, agents, independent contractors and/or charterers. CUSTOMER waives all claims and causes of action against RM, its members, managers, employees and agents for damages caused in whole or in part by any windstorm, hurricane, flood, lightning strike, fire, or Acts of God.
    5. RM is not responsible for any loss, damage, or other liability caused by, arising from, or related to repair or maintenance work recommended by RM that is declined by Customer.
    6. RM is not responsible for loss of or damage to the Vessel due to or arising from fire, weather, theft or any other cause except the sole negligence of RM.  
    7. RM is not responsible for any loss or damage to articles of personal property that have been left in the Vessel or for loss or damage to bodies, trailers or special equipment, including any cargo, materials or supplies carried on or in such bodies, trailers or special equipment, whatever the cause.
  2. TIME LIMIT FOR FILING CLAIMS:
    1. NO CLAIM ARISING OUT OF THIS TRANSACTION, INCLUDING, BUT NOT LIMITED TO CONTRACTUAL CLAIMS FOR BREACH OF CONTRACT AND TORT CLAIMS BASED UPON ALLEGED NEGLIGENT REPAIR OR ON THE THEORIES OF STRICT LIABILITY OR OTHERWISE, SHALL BE VALID AS AGAINST RM, UNLESS SAID CLAIM IS PRESENTED IN WRITING TO RM WITHIN NINTEY (90) DAYS OF THE DATE WORK WAS COMPLETED.
  3. MUTUAL HOLD HARMLESS
    1. RM shall defend, indemnify, and hold harmless Customer against any and all claims for payment for services submitted by RM’s subcontractors or vendors arising under this contract. 
    2. Customer shall defend, indemnify and hold harmless RM, and its employees, subcontractors and agents from any claim, charge, liability or loss or damage for personal injury, occupational sickness, disease or death of any person, including without limitation any employee, subcontractor or agent of Customer, or for any property damage or loss of use thereof, which is in any way caused, in whole or part, by defects in the Vessel or by the negligence, breach of contract, or willful misconduct of Customer, including its employees, agents, and subcontractors; unless any such loss or damage is solely caused by RM. Upon receipt of written request of RM, Customer shall, at its own expense, immediately defend RM in any arbitration, action, or other proceeding in which a claim covered by the foregoing indemnity provisions is alleged.
  4. POLLUTION
    1. The Vessel and Customer shall defend, indemnify and hold harmless RM from all liability and expense, including without limitation cleanup costs, fines, penalties, civil damages, National Resource Damage Assessments, costs, and reasonable attorney’s fees, arising out of any environmental pollution attributable to Vessel, unless such pollution is affirmatively proved to have been caused by the sole negligence of RM or its employees.

11. TERMS & CONDITIONS

  1. Customer agrees that RM may operate Customer’s Vessel for purposes of facilitating the repairs, including but not limited to diagnosing, road testing, and sublet services.
  2. Customer warrants that it has and will maintain the following kinds of insurance at all times during the term of this Agreement:
    1. Hull coverage for the fair market value of the Vessel;
    2. Liability coverage, or protection and indemnity coverage, for personal injury, wrongful death and property damage claims with liability limits in an amount acceptable to RM.
      1. Customers’s liability or protection and indemnity insurance shall include, but not be limited to, coverage for Jones Act claims, seaman’s unseaworthiness claims, seaman’s maintenance and cure claims, Longshoreman and Harbor Workers’ Compensation Act claims, and tort claims. 
      2. Customer shall provide RM with a certificate of insurance or other acceptable proof of Customer’s insurance coverage. 
    3. If Customer fails to procure and maintain the insurance required by this Agreement, then Customer assumes all duties and obligations covered by this paragraph. 
    4. Customer acknowledges and represents that, in consideration of the execution of this Agreement and as a material term hereof, Customer shall not under any circumstances whatsoever subrogate or assign any claim or claims of any sort against RM, its members, managing members, managers, employees and agents. Customer acknowledges that any such subrogation or assignment shall be null and void.
  3. FORCE MAJEURE:
    1. RM shall not be in breach of this contract or otherwise liable for damages or delays in performance due to circumstances beyond its reasonable control, including without limitation, any fires, floods, storms and other acts of God, labor disruptions (including strikes, lockouts, and slowdowns), illness or incapacity of RM employees, terrorism, war, shortages of materials, lack of transportation, inability to procure power, supplies or raw materials, severe weather conditions, substantial increase in price of power, raw materials or supplies, and failure of performance of subcontractors and/or suppliers for similar reasons. Failure of RM to perform for these reasons aforesaid shall not be grounds for Customer’s cancellation of an order, but the performance date shall be extended accordingly.
  4. DISPUTE RESOLUTION:
    1. Both the Customer and the RM will be given the opportunity to informally resolve any issues that may arise.
    2. Any and all disputes that cannot be informally resolved and arising hereunder shall be subject to mandatory arbitration before the Kitsap County Superior Court, and the arbitrator shall be an attorney experienced in marine affairs. The parties agree to the exclusive jurisdiction of such court and to the application of such rules regardless of  the amount in controversy or the nature of relief sought, and to waive any jurisdictional limitations otherwise imposed by such rules. This paragraph shall not preclude parties from seeking provisional or enforcement remedies in aid of arbitration or preclude RM from exercising any lien rights from any court having jurisdiction. The laws of the State of Washington shall govern, except the general maritime law will govern any assertion by RM of its maritime lien rights. The prevailing party shall be entitled to an award of costs, including the fees of the arbitrator, prejudgment interest, and reasonable attorneys’ fees.
  5. DEFAULT AND REMEDIES
    1. The occurrence of any of the following events shall constitute a default under this Agreement
      1. Breach by either party of this Agreement; 
      2. Failure of Customer to pay when due any amounts owed under this agreement; 
      3. Failure of Customer to provide access to the Vessel and keys or codes;
      4. Any act or omission by Customer, which causes any of the representations made to be false; and 
      5. Any act or omission by Customer or the Vessel, which constitutes a tort against RM or third parties.
    2. Upon any default by Customer or the Vessel; RM, in addition to all other remedies under maritime or state law, in its sole discretion, may
      1. Suspend its performance or terminate this Agreement,
      2. Retain possession of the Vessel until fully paid; and/or
      3. Pursue all remedies, including non-judicial sale of the Vessel, under state and/or maritime lien laws.
  6. RIGHT OF REFUSAL
    1. RM RESERVES THE RIGHT TO DENY SERVICE TO ANY CUSTOMER AND/OR VESSEL WITH OR WITHOUT CAUSE.
  7. MISCELLANEOUS
    1. RM retains all right and title to their intellectual property, unless otherwise agreed in writing.
    2. A copy of the RM’s liability insurance, ABYC Master Technician Certification, and business license are available on request.
    3. Failure to enforce or uphold any aspect of this service delivery agreement shall not be construed as a waiver of any other aspect of the agreement.
    4. Should any provision of these Terms of Service be deemed unenforceable, such provision and the remaining provisions of these Terms of Service shall be enforced to the fullest extent allowed by law and any nullified provisions shall be replaced by new terms acceptable to both parties. 
    5. This is the final, exclusive, and complete agreement of the parties as to the terms provided herein, and may not be changed, modified, altered, or supplemented in any way except by a written instrument signed by the both parties.

I have read, understand, and agree to the above terms and conditions and authorize work to be completed by Rover Marine, LLC.

By completing the below form you agree to the above terms and conditions. Once submitted, we will schedule your service. This form only needs to be completed once per vessel.

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