McKinney Marine Inc


Terms and Conditions

1. The Scope of Work defines and limits our services for this project. If you have any questions please let us know. McKinney Marine, Inc. (“MMI”) wants to have a clear understanding as to the Scope of Work and related terms before any work commences. Any change orders or supplemental work must be in writing and signed by Client and MMI.

2. Upon delivery of any materials or supplies, ordered by MMI, to the project location, the risk of loss or damage passes immediately to the Client and MMI assumes no responsibility. The Client represents that there is sufficient insurance coverage to cover such risk of loss and that MMI will be the loss payee for any claim of loss until title passes to the Client. Title to any such materials will pass to the Client only after the final payment for all invoices has been made to MMI. This paragraph does not apply to any Client supplied materials, which shall remain as Client’s risk of loss or damage.

3. Any additional work performed or upgrade of materials, including any special orders or other purchases made beyond the original scope of work of this project will be invoiced upon authorization by the Client and shall be in writing signed by the Client and MMI.

4. MMI will give the Client a reasonable opportunity to review and inspect the work and materials (“work”) provided to the Client. By accepting any goods delivered to the Client, Client acknowledges that such work is in accordance with the Scope of Work and otherwise conforming as defined under Fla. Stat. §§672.001 et seq. In the event the Client rejects any work, such rejection must be in writing and delivered to MMI within three (3) days of completion of the work or any phase of work, specifying the reason for rejection; otherwise the rejection is invalid. MMI wants the Client to be completely satisfied and will work to see that all work and materials meet with Client’s approval.

5. The Client releases and holds harmless MMI from any and all claims for any damages to persons or property directly or indirectly caused by or related to (1) any delays in delivery or shipment of any materials, (2) any damage to materials in delivery or shipment, and (3) any defect in the design or manufacture of any materials or work, including any latent defects or hazards.

6. Unless otherwise noted, the Client has not advised MMI of any known, hidden, or latent hazards, dangers or defects existing on or at the project location. Any known, hidden, or latent hazards, dangers or defects existing on or at the project location must be disclosed to MMI in writing before work begins.

7. Any warranties related to any materials are by the original seller or manufacturer and any such warranties are transferred to the Client along with the title to the materials. MMI makes no express or implied warranties as to any of the work or materials and specifically excludes any such warranty as to the merchantability or fitness of any work or materials. There are no warranties that extend beyond the face hereof.

8. Your acceptance of the work, any Project Quote and Scope of Work creates a binding contract (“Agreement”) with MMI. This Agreement contains the entire understanding of the Client and MMI as to the scope of work for this project, and is made without reliance upon any oral or written promise, warranty or representation not specifically stated within this Agreement. This Agreement can only be changed or modified in writing and signed by both parties.

9. This Agreement shall be interpreted under the laws of the United States and Florida, excluding the choice of law provisions. MMI and Client agree that any dispute arising out of this Agreement shall be brought in the exclusive venue of Duval County, Florida, before the court of appropriate jurisdiction, saving only the enforcement of any maritime liens, which shall be enforced where the vessel or security is found. All work by MMI that is performed upon a vessel, is performed pursuant to the laws of the United States, excluding its choice of law provisions, and MMI shall be entitled to all rights and remedies pursuant to the Maritime Commercial Instruments and Lien Act, 46 U.S.C. §§ 31301-31343; Fla. Stat. §§713.60, 713.61 & 713.64.

10. If any part of this Agreement is determined to be invalid, it shall not invalidate the entirety of the Agreement, but shall be severable. The failure to enforce or adhere to any one provision of this Agreement is not a waiver of the rights, remedies, or requirements in this Agreement.

11. All invoices are due upon receipt and incorporate these Terms & Conditions. Any invoice remaining unpaid after thirty (30) days will accrue interest at the rate of 18% per annum, or the maximum allowable interest rate under law, whichever is greater. In the event collection efforts are required to secure payment of any invoice, MMI is entitled to recover all such collection costs, including court costs and a reasonable attorney’s fee and paralegal fee through investigation, negotiation, trial and any appeals. Client acknowledges that, in addition to any other remedies at law or in equity, MMI may recover any unpaid materials or work from Client by an action for replevin and that MMI is entitled to record and enforce its rights as a lienor pursuant to the laws of the United States and Florida.

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