THE DOCK EXPERTS, LLC (“Dock Experts”) shall perform the following services at the specified intervals, pursuant to the terms set forth herein.
1.MAINTENANCE SERVICES.
a.Bronze Plan – $199 Annually
i.Services Performed:
∙Grease lift
ii.Inspections:
∙Visual inspection of cables and belts
∙Visual inspection of cradle, bunks and bunk placement, or straps
∙Visual inspection of guideposts and brackets
∙Visual inspection of drive pipes and bearings
∙Visual inspection of boat’s position on boat lift
∙Visual inspection of sheaves and pulley blocks
b.Silver Plan- $249 Annually
i.Services Performed:
∙Grease lift
∙Level lift
∙Check limit switch
∙5% off of any parts or Dock Experts store items
ii.Inspections:
∙Visual inspection of cables and belts
∙Visual inspection of cradle, bunks and bunk placement, or straps
∙Visual inspection of guideposts and brackets
∙Visual inspection of drive pipes and bearings
∙Visual inspection of boat’s position on boat lift
∙Visual inspection of sheaves and pulley blocks
c. Gold Plan- $499 Annually
i.Services Performed:
∙Grease Lift
∙Level Lift
∙Check Limit Switch
∙Scrape Tracks Clean
∙Zinc Replacement as needed, up to 2 per year and a maximum of 4 lb. Zinc.
∙Pile Wrap for Lift Piles
∙10% discount on any parts or Dock Experts store items up to $2,500.
∙5% discount on parts and store items above $2,500.
ii.Inspections:
∙Visual inspection of cables and belts
∙Visual inspection of cradle, bunks and bunk placement, or straps
∙Visual inspection of guideposts and brackets
∙Visual inspection of drive pipes and bearings
∙Visual inspection of boat’s position on boat lift
∙Visual inspection of sheaves and pulley blocks
2.INSPECTION REPORT. An inspection report will be sent to Customer after each completed maintenance which will include the general conditions of your lift system, photos, and any recommendations for needed repairs.
3.ADDITIONAL WORK. Any repair work as noted in the report that is not included in the scope of this Agreement may be completed under a separate agreement with Dock Experts.
4.TERM. The term of this Agreement shall be from the date of the 1st scheduled service and shall include (2) total services within each twelve (12) month period.
5.RENEWAL & CANCELLATION. This agreement may be canceled upon written request.
6.COVERAGE EXCLUSIONS. This contract covers cost of lubricants and labor. Any additional work required will be performed only upon execution of a separate written repair contract and billed separately. CONTRACTOR DISCLAIMS ANY IMPLIED WARRANTY OF SERVICES OR GOODS OR THE FITNESS OF THE GOODS FOR ANY PARTICULAR PURPOSE. Customer shall carry all required and appropriate liability insurance. Dock Experts shall carry liability and workman’s compensation insurance as required by law. Boat lift and all components must be in serviceable condition and capable of manufacturer’s rated lift capacity before agreement goes into effect. Vessel, engine, fuel, water and other related gear to be lifted cannot exceed manufacturer’s rated boat lift capacity.
7.ACCESS: Customer shall provide clear access to the equipment to be serviced.
8.SUSPENSION OF SERVICE. Dock Experts reserves all rights to suspend service and not respond to any new service request if any fee has not been paid in full.
9.CLASS ACTION WAIVER. Any and all claims, disputes, or controversies (whether in tort, contract, common law or equity), arising out of or relating to this agreement, or the relationship between the parties hereto, shall be brought in the parties’ individual capacity only, and not as a plaintiff representing a Class, nor as a class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (Class Action). The parties expressly waive any liability to bring and maintain any Class Action in any forum including, but not limited to Arbitration.
10.ENTIRE AGREEMENT. This agreement is the entire contract between the parties. Parties agree to be bound by all terms and provisions of this agreement. Any and all work performed under this agreement shall be interpreted and enforced under these provisions.
11.ENFORCEMENT. This contract shall be interpreted under the laws of the State of Florida. Should any term of this agreement be deemed by a Court of competent jurisdiction to be unenforceable, such determination shall not affect the enforceability of the remaining provisions. In the event any dispute, controversy or claim arises out of or in connection with this Agreement, the prevailing party shall be entitled to all reasonable attorneys’ fees, costs, and expenses incurred in connection with enforcing this Agreement, including fees and costs incurred in proving the amount of fees and costs to which the prevailing party is entitled (i.e., “fees-for-fees”).
12.AMENDMENTS OR MODIFICATIONS. Any amendment or modification of this Agreement must be in writing and signed by both Parties hereto.
