SERVICE AUTHORIZATION AND TERMS AGREEMENT
This Service Authorization and Terms Agreement (“Agreement”) is entered into between the undersigned (“Owner”) and Fastboats.com Sales Company LLC d/b/a FB Marine Group (“FBMG”), including its employees, agents, or assigns. By signing below, Owner hereby authorizes FBMG to commence work on the vessel identified above, and acknowledges, accepts, and agrees to the following terms and conditions:
1. Ownership and Authorization
Owner affirms that they are the legal owner of the vessel or have full authority to authorize services.
If a captain or representative is authorized to act on the Owner’s behalf, their signature and authority will be treated as synonymous with the Owner’s.
2. Insurance Requirements
Owner warrants that the vessel is covered by Marine Hull Insurance and Marine Protection and Indemnity Insurance, which will remain in effect during the period the vessel is in FBMG’s care, custody, or control. Owner agrees to provide FBMG with a Certificate of Insurance listing FBMG as an additional insured before any services are performed or any storage arrangements are made.
3. Limitation of Liability
FBMG does not provide security and shall not be responsible for loss, theft, or damage to the vessel or its contents, including but not limited to gear, equipment, electronics, or personal items, whether such loss or damage is attributable in whole or in part to the negligence of FBMG or otherwise.
Owner assumes all risks associated with the hauling, towing, transporting, moving, driving, or operation of the vessel by FBMG for purposes of repositioning, diagnosing, testing, servicing, repairing, or conducting a sea trial. FBMG shall not be liable for any incidental or consequential damages, fuel costs, towing, or emergency repairs, unless caused by the gross negligence or willful misconduct of FBMG.
4. Warranty Work and Payment Terms
Warranty Coverage: FBMG will perform services covered by an applicable manufacturer's warranty at no charge to the Owner. The scope of work covered under warranty is determined solely by the manufacturer's warranty policy. FBMG will submit claims to the manufacturer on the Owner's behalf for authorized warranty work.
Owner Responsibility for Non-Warranty Work: Any services, parts, diagnostics, or expenses not covered by the manufacturer’s warranty are the sole financial responsibility of the Owner. This includes, but is not limited to, repairs for damage outside of warranty parameters, routine maintenance, or any work deemed non-warrantable by the manufacturer.
Transportation Costs: Transportation of the vessel to and from FBMG's facility for warranty or non-warranty service is not covered under any manufacturer's warranty and is the Owner's sole financial responsibility.
Payment for Non-Warranty Work & Transportation: Payment for any work identified as not being covered under warranty, including all transportation costs to and from FBMG’s facility, is due and payable in full before any work commences. FBMG reserves the right to halt or decline non-warranty repairs, diagnostics, or transportation until payment is received.
Deposit Requirement: A deposit of 50-70% of the estimated cost of services for non-warranty work may be required before the commencement of such work.
Balance Payment: For any work not covered by warranty, payment is due immediately upon completion of service and must be confirmed before the vessel will be released to the Owner. FBMG accepts VISA, Mastercard, American Express, Discover, wire transfers, checks, or cash.
Outstanding balances must be paid within 3 business days of the invoice date, or the credit card on file will be charged for the remaining amount.
Unpaid amounts are subject to an interest charge of 1.5% per month (18% APR) until paid in full. In the event of default, FBMG may place the account on hold and pursue collections, with the Owner responsible for all associated costs, including attorney fees, collection agency fees, and court costs.
5. Change Orders and Additional Work
All changes to the scope of work must be submitted in writing. No change order shall be considered accepted or binding unless confirmed in writing by FBMG.
6. Travel Fees and Mobile Services
A travel fee will apply to all mobile service calls. Charges will be $199 per hour plus $2.50 per mile, calculated from FBMG’s location to the service site. These fees are not covered by manufacturer warranties and are the Owner's responsibility.
7. Storage and Vessel Operation
FBMG reserves the right to haul, tow, move, drive, or operate the vessel as necessary to perform diagnostics, repairs, testing, or sea trials. Such activities are conducted at the sole risk of the Owner.
If storage is required, additional fees may apply in accordance with FBMG’s storage terms and policies. Storage fees are not covered by manufacturer warranties and are the Owner's responsibility.
8. Repair Order Terms and Conditions
This Agreement serves as a summary of FBMG’s full Repair Order Terms and Conditions, which are available upon request. By signing this Agreement, Owner acknowledges having read and accepted the terms outlined herein as well as the full Repair Order Terms and Conditions.
9. Indemnification
Owner agrees to indemnify, defend, and hold harmless FBMG, its employees, agents, and assigns, from and against any and all claims, losses, damages, liabilities, and expenses, including attorney fees, arising from or related to the services performed, except in cases of gross negligence or willful misconduct by FBMG.
10. Miscellaneous Provisions
This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements, whether oral or written. Any amendments or modifications must be made in writing and signed by both parties.
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflicts of law principles. Any disputes arising from this Agreement shall be resolved exclusively in the courts located in Broward County, Florida.
Acknowledgment and Authorization
By signing below, I, the undersigned, acknowledge that I have read, understood, and agreed to the terms and conditions set forth in this Agreement, including the specific terms regarding warranty and non-warranty work, and the payment requirements for non-warranty items and transportation. I further authorize FBMG to commence work on the vessel identified above under these terms.