At Owner’s request, Bert Jabin’s Yacht Yard, Inc. (“BJYY”) has provided and/or is providing water, land or rack storage (including any power fees, “Storage”) and/or equipment, hauling, launching, loading, unloading, blocking and/or other services (the “Services”) on the following terms and conditions to which, by accepting Storage and/or the Services, Owner is agreeing, in addition to the terms of any other written agreement between Owner and BJYY. “Owner” shall (a) include, on a joint and several basis, each of the registered owners of the Vessel (including each of its components), the captain, crew, members of their families, guests, outside labor, agents or other persons using the Vessel, and any person delivering the Vessel to BJYY’s slips, docks, piers or other marina facilities (collectively, the “Facilities”) and (b) be deemed to be an “owner” as used in the Maryland mechanic’s liens statutes. “Representative” means any agent, servant, employee, independent contractor, guest, tenant, or other actual or apparent representative.
Payment Terms and Conditions: Owner agrees to pay this invoice upon receipt and that a late charge of 1.5% will be assessed and paid on all amounts not paid within 20 days of the date of the first Invoice for those amounts and every month thereafter until paid. Storage charges begin the day the Vessel arrives at the Facilities and, if Storage terminates prior to its scheduled expiration, certain fees may be refunded, as and to the extent provided in the Fee Schedule posted in BJYY’s main office, as it may change from time-to-time. All charges must be paid before the Vessel is launched or loaded or leaves the Facilities. Owner shall provide BJYY with credit or debit card information and, by doing so, is authorizing BJYY to debit that card, unless otherwise agreed in writing with BJYY, on the earliest of (a) launching or loading the Vessel or the Vessel leaving the Facilities, (b) prior to the beginning of any Storage period, or (c) when any Service is first provided to Owner or any fee or charge owed to BJYY is first incurred.
Other Terms and Conditions:
- Owner agrees that he/she/they are liable for any and all losses, damages or damage caused by them, their Representatives, or the Vessel or resulting from Owner’s, their Representative’s or the Vessel’s use of the Facilities or from or involving the Vessel, or to any person or property in, or comprising, the Facilities. The parties also agree that neither BJYY nor its Representatives shall be liable for any loss, damage or personal injury to the person or property of the Owner, or any Representative of Owner, whether such loss, damage or personal injury be occasioned by fire, theft, Act of God, or any other cause or condition, including negligence of, or negligence imputable to, BJYY or any of its Representatives. Owner agrees and represents that he/she/they have a comprehensive marine insurance coverage in place (including liability insurance).
- The parties hereto expressly understand and agree that the relationship hereby created is not one of bailment, instead Storage is simply the right to store the Vessel for the agreed period. Owner bears all risk of loss for the Vessel and any related property. BJYY does not undertake, and hereby expressly disclaims, any duties for the maintenance, safekeeping, or security of the Vessel or any related property and does not provide insurance of any kind for Owner or the Vessel or any related property. It is Owner’s sole and exclusive responsibility to properly secure and periodically check the Vessel and all related property and ensure their condition and security; however BJYY reserves the right of access to and/or to move the Vessel should it be necessary or appropriate in its sole and absolute discretion. Owner hereby agrees to indemnify and hold harmless BJYY and all of its Representatives from and against any and all claims, suits or damages by Owner, their Representatives, or any third party arising out of (a) their use of the Facilities and (b) the use, maintenance, operation, storage or relocation of the Vessel by Owner or BJYY or any of their respective Representatives. Owner hereby assumes full responsibility and liability for all such claims, suits or damages.
- Owner shall comply with the rules and regulations as now and hereafter in effect as established by BJYY, which are available in BJYY’s main office (including, without limitation, that (a) absolutely no heaters of any kind or grills or any other open flame shall be used on the Vessel or at or in the Facilities at any time, (b) all laws and ordinances shall be complied with at all times, and (c) proper and appropriate conduct, which includes respecting the peaceful use by others of the Facilities, is required at all times). Failure to comply with any rule or regulation shall be deemed to be a material breach of this Agreement.
- If Owner breaches any term of this or any other agreement, BJYY may declare the agreement(s) terminated. BJYY shall have all rights and remedies available to it under the Maryland Commercial Law Article and the U.S. Code Shipping Act, and any successor thereof, as well as any other rights and remedies available by common law or by statute, including the rights to recover or maintain possession of the Vessel. Upon termination, (a) the Vessel and all property associated therewith shall be charged at least the daily transient slip rate until removed from the Facilities, (b) late charges shall accrue on any unpaid balance at the rate of 1.5% per month, and (c) Owner shall be responsible for all costs of collection, including, without limitation, reasonable attorneys fees in the event the matter is referred to an attorney.