HYANNIS MARINA
1 Willow Street, Hyannis MA 02601
Phone: (508) 790-4000 ext. 3 Fax: (508) 790-4110
WINTER/ SPRING COMMISSIONING WORK ORDER
WORK ORDER TERMS AND CONDITIONS
1. DEFINITIONS: In construing this Agreement, the following
definitions and terms of construction shall apply:
A) "Vessel" includes the vessel identified above and its engine(s) and all
equipment and appurtenances, including, without limitations, dinghies, tenders,
trailers, inflatables, and personal watercraft, bicycles and motor vehicles. B)
“Hyannis Marina”, "Marina”, "Marina Facilities", “Boatyard" or- "Dockside
Marina” shall mean the properties, facilities and businesses commonly known as
Hyannis Marina and/or Dockside Marina on the Hyannis Harbor waterfront and
associated storage and inland service facilities commonly known as Hyannis
Marina and/or Dockside Marina (including bathroom and shower facilities, docks,
piers, moorings, boatyard, parking lots, buildings, establishments, grounds and
onsite and offsite support and storage facilities) as the case may be. C)
Whenever either of the terms “Hyannis Marina, Inc.” or "HMI” shall be used in
this Agreement, such terms shall mean and Include representatives, officers,
agents, servants, employees or any other persons acting on behalf of (or under
the authority of Hyannis Marina, lnc. D) "Owner" as used in this Agreement
includes the Owner's agents, servants, guests, employees, contractors, and any
other person acting on the Owner's behalf or under the Owner's authority, and
any persons lawfully aboard the Vessel or at the Marina. E) "Season" is the
particular selected applicable period of dockage or storage which includes: Rack
Service (Memorial Day-Columbus Day}; Summer Season (April 15th through October
15th) and Winter Season (October 16th through April 14th) as set forth above.
2. EFFECT AND SEVERABILITY: A) This Agreement is the entire agreement
between the foregoing parties and supersedes all prior agreements, negotiations
and understandings, oral or written, among them. There is no other agreement,
either written or oral (except work orders, transient dockage agreements, or
bills of sale signed by owner and any annual seasonal dockage or storage rate
sheet or rules and regulations promulgated by HMI). No interpretation, change,
waiver, termination or modification of any provision of this Agreement will be
binding upon any party, unless in writing and signed by all of the parties. This
Agreement shall confer no rights on any third party.
B) The parties stipulate that if any section of this Agreement is, as a matter
of law, not enforceable as written, it will be deemed to be separable and
severable from the rest of the Agreement and shall not affect the validity or
enforceability of the License Agreement.
3. BARGAINING POWER: Owner stipulates that the bargaining power of the
parties with respect to the terms of this Agreement is equal, that the Owner has
had the opportunity of negotiating a different agreement on more favorable terms
at higher prices, and does not seek to enter into such an agreement.
4. EXTENSION/RENEWAL: The terms of this Agreement shall (unless HMI and
the Owner otherwise agree in writing) automatically extend and renew for any
period of time beyond (or different than) the period of time specifically
covered under this Agreement (including any such additional period during which
the Vessel remains at the Marina for any reason, returns to the Marina for any
consecutive or non-consecutive season, for daily dockage or seasonal storage,
any period when the Vessel is with HMI for service, for sale, or any other
reason as the case may be, all are subject to HMl's then current rules and
regulations, rates or charges for dockage and storage. If all amounts due to HMI
are paid in full, the owner may (at any time prior to the end of any Season)
terminate the license and Owner's obligations under this Agreement with no
refund for unused time. If this Agreement is terminated for cause by HMI, there
shall be no compensation or refund to Owner for unused time in a Season. HMI may
terminate any License under this Agreement during any Season with cause or at
the end of any Season with or without cause or notice.
5. BAILMENT/LIMITATION OF LIABILITY: Owner acknowledges and agrees that
HMI shall be neither a bailee nor an insurer of the Vessel. Owner agrees HMI
shall not be liable for any damage to the Vessel or any personal injury,
property damage or economic loss of any kind or nature to Owner, unless caused
by willful misconduct of HMI. Owner acknowledges and agrees that HMI does not
provide or offer security for Vessels. HMI assumes no responsibility for any
loss or damage to the Vessel, its engines, any accessories, articles left on
board, Owner's vehicles or other possessions, in case of fire, theft, damage
caused by animals, vandalism, exposure to the elements, storms, acts of God or
any other cause however arising. Owner agrees to have the Vessel insured by
adequate hull insurance coverage commensurate with the current market value of
the vessel and to provide insurance coverage with indemnity protection and
liability coverage for all harm. Owner shall provide HMI with a certificate of
such insurance coverage. HMI has no duty to request, obtain or monitor any such
certificate.
6. OWNER’S RESPONSIBILITY: A. GENERAL/INDEMNIFICATION: Owner agrees to
operate (and to be responsible for the safe operation of) the Vessel and to tie
up and secure the Vessel (and all other watercraft owned or controlled by Owner)
in a careful and safe manner at all times, so as not to cause damage to the
Marina Facilities or to any other boats. Owner shall be responsible for damage
caused by Owner's Vessel regardless of weather conditions. Owner shall have an
affirmative duty to be apprised of HMl's Rules and Regulations and to moor the
Vessel in accordance with such rules and regulations, to inspect the dock,
floats, cleats or other points of attachment to assure that chafing, damage or
any harmful conditions do not develop (or are not developing). Owner shall be
obligated to provide immediate notice to HMI of any harmful or dangerous
conditions that are discovered by Owner. In the absence of any such notice to
HMI, it shall be conclusively presumed that the slip provided by HMI is in good
order and condition. If the Vessel should break away or be found away from
Owners slip, it shall be conclusively presumed that the Vessel was improperly
secured by Owner. The Vessel shall be maintained in a safe and seaworthy
condition, and shall not constitute, or be a public or private nuisance, nor
shall it cause any interference with the peaceful enjoyment of Marina Facilities
by others; nor, shall it be a source of environmental pollution. Owner shall
defend, indemnify and hold HMI harmless from any and all damages, expense, cost,
claims, demands, actions and causes of action (including, without limitation,
HMl's reasonable litigation costs and attorney's fees, fines and environmental
remediation costs) arising out of any action or failure to act by Owner.
B. HAZARDS: In the event HMI, in its sole discretion, determines the
Vessel appears to be in danger of sinking, causing an impediment or danger to
navigation, becoming a source of fire, pollution or other hazard because of any
cause whatsoever, HMI is authorized to take reasonable and appropriate action at
Owner's expense including, but not limited to, removing the Vessel from the
water to deal with any perceived risk. Owner is also responsible for the proper
storage and disposal of hazardous materials (e.g., fuel filters, batteries, and
motor oils); and, such materials cannot be left on the premises of the Marina by
Owner or disposed of in Marina dumpsters by Owner. If an Owner sells Owner's
boat or transfers title to the boat, the Owner shall be responsible under this
Agreement until the boat leaves the Marina or until a new Agreement is executed
with HMI and the boat’s current owner.
C. HAZARDOUS WEATHER CONDITIONS: The Owner acknowledges that HMI has
no obligation, duty, or responsibility to contact, warn, or advise the Owner or
any other party regarding any weather conditions, including hurricanes or
tropical storms. The Owner is solely responsible for any damage to the Vessel,
and for any damage caused by the Vessel to the Marina or to other vessels,
arising from storms or hazardous weather conditions, except only to the extent
directly caused by HMI’s willful misconduct. The Owner agrees to indemnify,
defend, and hold harmless, HMI any and all claims, damages, losses, liabilities,
costs, and expenses (including reasonable attorneys’ fees) arising out of or
relating to such storms or hazardous weather conditions. When high winds are
predicted, the Owner agrees to properly secure the Vessel using additional storm
lines to the docks, including extra lines run directly to pilings. The Owner
shall keep additional dock (storm) lines readily available aboard the Vessel and
shall deploy such lines as conditions require. If the Vessel remains in the
water during storm conditions, the Owner is solely responsible for securing the
Vessel to Marina docks or floats using as many dock cleats as possible to evenly
distribute load, and for securing the Vessel directly to Marina pilings. The
Owner understands that Marina cleats are lag-mounted (screwed in, not
through-bolted), and that lines must be run as horizontally as possible to
achieve maximum holding capacity. The Owner acknowledges and accepts the
condition and limitations of Marina cleats and expressly assumes all risk
associated with securing the Vessel to such cleats during storm conditions. In
the event of a hurricane, tropical storm, or other hazardous weather conditions,
the Owner agrees to timely, at the Owner’s sole cost and risk, remove the Vessel
from the Marina or arrange for hauling at the Marina. HMI shall have no duty or
obligation to haul, move, re-tie, or otherwise secure any Vessel, whether at the
Owner’s expense, even if requested due to safety concerns, weather conditions,
labor availability, timing constraints, or operational limitations. Any decision
by HMI to haul, not haul, move, re-tie, or take no action with respect to any
Vessel shall not create liability for HMI. HMI reserves the sole and absolute
discretion to determine whether to haul or remove vessels based on storm
forecasts, storm tracking, or actual weather conditions. HMI shall bear no
liability for discontinuing, modifying, or abandoning any effort or prior
decision to haul, move, or secure any Vessel due to changing conditions, safety
concerns, or operational limitations. The Owner acknowledges that HMI retains
exclusive discretion to determine whether storm tracking models indicate a
reasonably direct threat to the marina, and that such determinations may change
as conditions evolve. If hauling operations are commenced, the Owner understands
that labor availability, wind, sea conditions, visibility, lighting, and other
factors may limit or prevent HMI’s ability to move, haul, or secure vessels in
whole or in part. HMI may, but is not obligated to, undertake efforts to
re-secure vessels at the Owner’s expense; however, whether or not HMI undertakes
such efforts shall not create any duty, obligation, or liability.
Vessels may not remain on the docks during hurricane conditions. Vessels
exceeding HMI’s hauling capabilities (approximately 55 feet in length, plus or
minus) must have a storm plan in place to provide owner with alternative safe
locations and must be removed from the Marina unless otherwise agreed to in
writing by HMI.
D. HAULING: Owner understands and agrees that HMI does not know the
shape or the extrusions of every hull, boat bottom, or location of props,
shafts, struts, rudders, sail drives, pods, transducers, stabilizers, splash
rails, scoops etc. or the construction of every boat, including weak points,
hallow keels, etc. Therefore HMI relies on information the Owner has or will
provide when hauling for sling or fork locations and HMI will position the
slings or forks according to the owner’s instructions or in HMI’s judgement if
no instructions are given to HMI. The owner hereby releases and indemnifies HMI
of any mishaps resulting from the owner’s misinformation or lack of information.
The owner also agrees to indemnify HMI from any claims by any party including
the Owner, lien hold and Owner’s insurance company.
E. POOL, BARBECUES, FISHING, SWIMMING, SIGNAGE, ETC: The pool at the
Marina Facilities is primarily for Owner and their guests. Owner acknowledges
that no Lifeguard is provided and that any use thereof shall be entirely at a
user's sole risk. Owner is responsible to ensure that children, under the age of
18, are accompanied by an adult at all times. Owner understands and agrees that
no glass objects shall be brought poolside, that pets are not allowed in the
pool area and that no diving is allowed in the pool. Owner understands that no
open air flames or barbecues are permitted on docks or boats and that HMI is not
responsible for Owner's equipment left on the docks. There shall be no fishing
or swimming from the docks and no cleaning or disposal of fish at the Marina.
Owner agrees not to place "For Sale” or any other signs on the vessel, any other
boats, or the docks.
F. TERMINATION: Upon termination of this License Agreement, whether by
expiration of its term or otherwise, Owner shall, after paying all sums due to
HMI, immediately remove the Vessel from the Marina in a careful, seamanlike
manner, leaving Marina property in good order and condition, reasonable wear and
tear excepted. In the event Owner fails to remove the Vessel and any other
property upon termination of this license Agreement, HMI may at its sole option:
1.) charge Owner's account a daily fee for each day or part thereof that the
Vessel or other property of Owner remains at the Marina; 2) subject to
applicable law or the following provisions of this Agreement, dispose of other
property left behind by Owner as HMI sees fit; 3) remove and hold any components
from the Vessel; 4) secure the Vessel or property to the Marina by disabling the
vessel or otherwise, haul the vessel from the water and store it at the Marina
or in another location; or, avail itself of any other available peaceful remedy
all without prior judicial process.
7. SLIP VACANCIES AND DOCKMASTER NOTIFICATION: In the interest of
minimizing slip fees, HMI will engage in the customary practice of re-renting
slips to transient boaters when a seasonal customer is away overnight or longer,
without compensation to the seasonal slip customer. No dinghies, tenders,
inflatables, paddle boards, or personal watercraft, bait pens, fish traps, etc.
will be left in the slip or anywhere else unassigned to it. HMI shall have the
right to remove any such craft, devices, or anything else left in the slip at
Owner's expense and/or to charge an additional fee for water or land space
occupied by such craft. Owner agrees to inform HMI by notice to the Dockmaster
in advance (which may be oral), whenever the Vessel will be away overnight. If
the Vessel is not at its slip by 7 PM on any day HMI will consider the slip
available for nightly rental. HMI shall not be liable to Owner or the Vessel if
the Vessel returns earlier than scheduled, but shall make a good faith effort
during normal business hours to provide alternate slip space or rafting
arrangements for the Vessel to use until its regular slip space is scheduled to
be available (according to said notice). Failure to notify the Dockmaster may
result in Owner being charged the transient dockage fee for the lost income for
nights the slip is left empty due to Owner's failure to notify HMI by 5 PM.
8. SELF SERVICE/OUTSIDE VENDORS: A) HMl's policy is to allow Owner to
supply his own labor through outside vendors under the following terms. Owner
shall indemnify HMI, DMI, etc. against any claims by any party caused by the
outside vendors or claims by the vendors themselves. Owner is responsible to
ensure that the vendor has, and, upon the request of HMI, shall supply HMI with
a certificate of insurance covering all risks including personal injury,
property damage, business interruption and workers compensation, with a minimum
of $1,000,000.00 under its own insurance policies. Such certificate shall be
endorsed to show HMI and DMI as being additionally insured. HMI has no duty to
request retain or monitor any such insurance or certificate. Owner agrees that
failure of Owner to ensure the outside vendor is insured, as required herein,
will result in Owner being responsible to defend, indemnify and save HMI
harmless from any claims, demands, liability, causes of action, judgments,
executions and cost arising directly or indirectly out of any actions by such
vendor and/or Owner. Owner or outside vendor may be required to pay an hourly
fee for a proportionate share of HMl's overhead for his use of the Marina
Facilities at the marina’s discretion. B) Owners and vendors shall not paint the
hull with bottom antifoullng paint, nor shall Owner adjust, move or interfere
with or attach anything to the jack stands in any manner at any time or use
HMl's ladders, perform spray painting, or welding while at the Marina without
written permission by HMI.
9. WINTER WET STORAGE: In cases of wet storage, HMI is not obligated to
supply (but. subject to the approval of HMI, Owner may supply at its own
expense), some form of deicing equipment. Owner shall be liable for any damage
caused for any reason by said equipment. HMI may supply electrical power at
Owner's expense but shall not be liable for any loss of electrical power during
periods of seasonal temperature decrease. HMI will not supply water during any
such period. Owner agrees that no one will live aboard the Vessel during any
such period. Owner will have sole responsibility of maintaining and caring for
the Vessel and HMI will have no responsibility for damage to the Vessel or any
damage or harm caused by Owner's action or inaction. In situations where HMI is
providing de-icing this shall not replace owners’ responsibility to de-ice his
own boat, and the owner agrees to indemnify HMI for any ice or freeze damage to
his boat except on incidents of willful misconduct by HMI personnel.
10. REFUNDS: Seasonal Slip Fees or Deposits Are Not Refundable. No refund
shall be paid in connection with a slip for the Vessel which is unused (for any
reason) during all or any part of any season. No refund shall be paid for any
lack of services caused by or resulting from weather conditions, fires, acts of
God, vandalism, or other unanticipated events or emergencies, and HMI shall not
be obliged to make any refunds to the Owner for lack of services as a result of
any such circumstance including situations where the HMI expels or hauls a boat
for any reason including owner’s misconduct as solely determined by HMI.
11. INDEMNIFICATION: A.) Owner and Vessel shall defend, indemnify
and save HMI harmless from any damages, claims, demands, liability, causes of
action, judgments and executions arising directly or indirectly out of any
action and inaction by Owner including but not limited to operation of motorized
vehicles within the Marina Facilities; or, Owner's use of the Vessel. Owner
shall not make HMI a party to litigation against others without first obtaining
the express written consent of HMI. Owner and any other person signing this
Agreement on behalf of Owner, hereby covenants and agrees to defend and
indemnify HMI, its agents, servants, employees, representatives and insurers
against any such litigation, claims or demands, including without limitation,
any subrogation actions by Owner's insurance company except in cases of
intentional willful misconduct by HMI. HMI has no duty to request or obtain any
such insurance.
B. WARRANTIES, INDEMNITIES, LABOR: All labor is warranted for 45 days
from the date of completion and this warranty is non-transferable unless
otherwise specified in writing. Product must be transported to and from HMI’s
shop at Owner's expense. PARTS: The only warranties on the products sold are
those offered by the Manufacturer. HMI expressly disclaims any liability in
connection with the sale of said products. HMI will not pay for any expenses
incurred at other establishments unless previously agreed upon by HMI in
writing. Buyer shall not be entitled to recover from HMI any consequential
damages, damage to property, damages for loss of use, loss of time, loss of
profits or income or incidental damages or costs. Owner agrees that HMI is not
responsible for freeze damage to boats, when the Owner schedules or contracts
the hauling or winterizing of the boat or Owner delivers the boat to HMI after
October 30th. Owner agrees to indemnify HMI against costs or lawsuits caused by
defective parts or lack of parts, incidental problems, delays, etc.
12. COLLECTIONS AND FINANCE CHARGES: All invoices issued under this
Agreement shall be due and payable immediately upon rendering, including any
requests for progress payments, whether written or verbal. HMI shall have the
absolute right, at its sole discretion, to require payment in full in cash, by
wire transfer, by certified check, or at the sole discretion of HMI by credit or
debit card prior to the Vessel being launched or departing the Marina
Facilities.
In the event any charges for goods or services remain unpaid at the time of
the Vessel’s or Owner’s departure from the Marina, Owner, by executing this
Agreement, expressly authorizes HMI to charge such amounts, including progress
payments or unfinished work, to Owner’s credit or debit card on file.
If Owner or the Vessel fails to pay any invoice when due or for work not yet
invoiced or completed, or otherwise breaches this Agreement, HMI shall have the
right, without prior notice or judicial intervention, to retain possession and
control of the Vessel and/or any of its engines, equipment, accessories,
tenders, dinghies, inflatables, or appurtenances, without resort to prior
judicial intervention and shall have the power, at the sole expense of Owner, to
hold said Vessel by hauling it from the water or otherwise securing it to the
docks or disabling the Vessel. In those cases in which HMI deems it necessary to
hold the Vessel on land as the most secure, convenient or economical means of
holding her, until payment has been received, HMI shall have no obligation to
restore the Vessel to the water or release the Vessel until all charges are paid
in full.
Owner and HMI agree and stipulate that if the Vessel leaves the Marina
Facilities, with or without HMl's consent, prior to full payment HMI shall not
lose any of its rights to regain possession in a peaceable manner, with or
without prior judicial intervention and to retain possession thereafter until
full payment and satisfaction of all claims has been made. Owner further
covenants and agrees to pay a finance charge at the rate of 1.5% per month on
any unpaid balances.
13. ATTORNEY’S FEES: Owner agrees that in the event HMI retains an
attorney in order to enforce any of the terms of this Agreement or defend any
lawsuit or claim arising out of this Agreement, the Owner shall pay all HMI’s
costs, whether or not a formal legal action is commenced, including reasonable
attorney fees, court costs, deposition, investigation, experts, travel expenses
and any other expenses, unless a judgment is entered against HMI in favor of
Owner for the complete relief sought in every count in any complaint or
pleading.
14. GOVERNING LAW, VENUE, AND JURY WAIVER: The parties agree that this
Agreement (a) is a contract which has been negotiated and entered Into in the
Commonwealth of Massachusetts; (b) the contracts between the parties have
occurred primarily in the Commonwealth of Massachusetts; and (c) it is the
parties' intention that this Agreement shall be governed by, interpreted under,
and enforced in accordance with the laws of the Commonwealth of Massachusetts.
In the event of institution of litigation, the parties agree all actions shall
be brought only in the Commonwealth of Massachusetts, and that the venue of any
such action shall be in the Barnstable Division of the District Court
Department, or the Barnstable Superior Court in Barnstable, Massachusetts, or
(in the case of an admiralty in rem proceeding) in the United States District
Court for the District of Massachusetts, in the Eastern Division sitting at
Boston; and, further, that all in person legal proceedings in any litigation,
including but not limited to, all depositions, hearings and trials shall be
conducted in the town of Barnstable within 10 miles of the Barnstable Superior
Court House, except those involving proceedings (excluding depositions) required
to be held at the US District Court building in Boston. The Owner hereby waives
his right to jury trial.
15. RULES AND REGULATIONS: HMl's rules and regulations are incorporated
into this License Agreement and by entering into this Agreement, Owner agrees to
abide by any current or amended rules and regulations promulgated by HMI
(including any "Hurricane Plan" which shall be available at the Marina) during
the term of this Agreement. Owner shall have the responsibility for keeping
apprised of all such rules and regulations.
16. INSURANCE/WAIVER: It shall be Owner's responsibility, at Owner's sole
cost and expense, to have the Vessel covered by adequate hull insurance and to
have the Vessel covered by usual forms of protection and indemnity insurance for
all forms of damage caused by (or to) the Vessel, those aboard or others. Owner
acknowledges that it is Owner's sole responsibility to maintain adequate hull,
property damage and indemnity insurance against all losses and claims. In
contracting with HMI, Owner recognizes and accepts that there are certain
elements of risk that exist which could cause damage to the Vessel during the
process of docking, storing, hauling, launching, blocking, loading, unloading,
transporting, washing, servicing, and/or operating the Vessel. Owner further
recognizes and accepts that there could be damage to the Vessel as a result of
the Vessel being transported (including without limitation, being transported
over roads and highways). Owner will in no way hold HMI, responsible for any
such damage, howsoever caused, that may occur during the foregoing handling of
the Vessel unless caused by the willful misconduct of HMI employees.
17. ABANDONMENT: Owner agrees to pay reasonable storage and dockage for
the Vessel and to pay any parking fees or other fees charged by HMI for any
boats, equipment, trailers, vehicles, motorcycles, or any of Owner's property
not otherwise mentioned in this Agreement ("Owner's Property'') left at the
Marina Facilities following the expiration of any license granted under this
Agreement. If an Owner leaves any of Owner's Property at the Marina Facilities
for more than 8 months following termination of a license under this Agreement,
without making payment of all monies due for any such fees, Owner hereby agrees
to allow HMI, without any further notice or prior judicial intervention and
without responsibility for any damage that may occur during transport, to
deliver the Vessel (or any other of Owner's Property) to Owner's premises or
place of employment/business and agrees to pay a fair and reasonable fee for
such delivery Owner will in no way hold HMI responsible or liable for any
damage, howsoever caused, that may occur during the foregoing delivery or
handling of the Vessel or other of owner's Property.
Alternatively, if HMI or a surveyor appraises the Vessel (or assesses other of
Owner's Property) and determines that the Vessel has little or no value (or is
worth less than Owner's then outstanding bill), HMI, after reasonable effort to
notify Owner, may destroy, give away or otherwise dispose of the Vessel (or
other property of the Owner), and Owner shall (in addition to such outstanding
bill) be liable for HMl's costs and expenses related to such disposal. Owner
agrees that any delay by HMI in asserting any of its rights under this Agreement
shall not provide Owner with any defense (including but not limited to any
defense of laches, or lack of notice for HMl's claims) under this Agreement.
18. SERVICE, REPAIRS, TRANSIENT DOCKAGE, BOATS AND BOAT SALES AGREEMENTS:
In the event Owner or Vessel uses the services of HMl's Service, Transient
Dockage or Sales Department, Owner agrees that the provisions of this Agreement
are incorporated into HMl's Work Order agreements and Boat Sales Department
Purchase Agreements. A copy of the work order, boat sales agreements and
transient dockage agreements are available upon request.
19. ESTIMATES: The Owner and HMI agree that, by reason of the nature of a
saltwater environment the following shall be guidelines for HMI in respect to
any added work that appears to be needed: If the extra work, labor and materials
do not appear in advance to exceed the originally estimated cost of the work,
etc., by more than twenty five (25%) percent. HMI shall have authority to
provide such work, labor and materials without advance notice or approval of
Owner. If the extra work appears in advance to exceed the originally estimated
cost by more than twenty-five (25%) percent, HMI shall make good faith efforts
to contact the Owner and to obtain the Owner’s approval before providing work.
Owner understands that this effort will delay completion of the work. If HMI
makes good faith efforts for a reasonable period of time to contact the Owner
and cannot reach the Owner, HMI shall have the option of suspending the work and
placing the Vessel in a safe place at the Owner's expense until the Owner can be
reached, or HMI may infer that the Owner intended to have the original Work
Order, and all other work, labor and materials that later appear to be
necessary, performed at the Owner's expense, and accordingly HMI may proceed
with the extra work. It is further agreed that, during the progress of this Work
Order, HMI shall have authority to perform additional work pursuant to the
written or oral (including telephone and radio telephone) instructions of the
Owner or the Owner’s agent, without the need for a new Work Order. Estimates do
not include environmental fees or applicable taxes.
20. NOTICES: Notices to Owner shall be deemed to be served properly if
posted in writing and placed in an obvious place on the Vessel, or, if sent to
Owner at the address set forth above, by postage prepaid mail, any paid delivery
service, in hand service, fax delivery to Owner's fax number or by delivery to
Owner's email address.
21. COUNTERPARTS AND ELECTRONIC SIGNATURE: This Agreement may be executed
in any number of counterparts, each of which shall be deemed an original and all
of which together shall constitute one and the same instrument, with the same
force and effect as if the parties had executed a single original document.
Execution and acceptance of this Agreement may be accomplished by digital,
electronic, facsimile, scanned signature, or by replying to a transmission from
HMI containing this Agreement with the words “I agree,” (which reply
shall constitute a valid, binding, and enforceable acceptance of this
Agreement).
Photocopies, facsimile copies, and scanned copies of this Agreement shall be
deemed originals for all purposes. This Agreement and any signature hereto shall
not be denied legal effect or enforceability solely because it is in electronic
form, in accordance with the Federal Uniform Electronic Transactions Act and the
Massachusetts Electronic Transactions Act, M.G.L. c. 110G.
The obligations of any Owner (if more than one) shall be joint and several,
and each Owner hereby irrevocably and unconditionally guarantees the performance
of the obligations of each other Owner under this Agreement. Each Owner further
waives demand, notice of default, notice of nonpayment, and all other notices
and suretyship defenses to the fullest extent permitted by law.
This Agreement shall be binding upon the parties hereto, their respective
heirs, representatives, successors and assigns provided that this Agreement may
not be assigned by any Owner without HMl's express written consent and any
attempted or purported assignment in contravention of the terms herein shall be
void ab initio and confer no rights upon any putative assignee. The captions are
supplied herein for convenience only and shall not be deemed to be part of this
Agreement for any purpose.
UD 01/29/26