General Terms and Conditions BR Boat Repairs Florida

1. Contracting Parties

The contract is between BR Boat Repairs Florida (“Service Provider”) and the customer who authorizes and pays for the service (“Client”).

If the Client is an individual acting for personal or non-commercial purposes, the Client is considered a consumer (B2C).

If the Client engages our services in a commercial, professional, administrative, or representative capacity, including but not limited to property managers, marinas, associations, fleet operators, or management companies, the Client is considered a business client (B2B).

If the client is acting in a representative capacity for the consumer, they must confirm that they have power of attorney for the customer, authorizing them to conclude binding contracts, agree to prices and terms, pay on behalf of the customer, make commitments, and make decisions regarding the acceptance of repair and service offers. In this case, the client is the sole contractual partner and, as an “Authorized Agent,” assumes full responsibility for payment.

2. Matter of the contract

Services may include ongoing or one-time on-site repair, maintenance, inspections, technical servicing, mechanical adjustments, and related handcraft work at the watercraft’s location, using our own tools, materials, and equipment.

Any parts, materials, or minor consumables required to perform the agreed scope of services may be used at our discretion and billed accordingly.

Repairs, replacements, or corrective work beyond routine service scope are not included and will be quoted separately. Such repairs will only be performed upon the Client’s written or electronic approval of a new repair order.

The Client permits the Service Provider to operate the watercraft for testing, inspection, or delivery purposes.

The Client hereby authorizes – at his own risk - the Service Provider to access the property, marina, dock, lift, mooring, and the location of the watercraft for the purpose of performing the agreed services.

Where required for the performance of the services, the Client shall provide the BR Boat Repairs Florida with the watercraft key(s) and grant equivalent access for the duration of the work.

3. Payment terms

Estimates are valid only for the specified scope of services.

Invoices are payable in full within 7 days of the date of issue.

Payment is always due in full, without deduction or offsets of any kind.

BR Boat Repairs Florida reserves the right to request a deposit for higher repair/service costs. The invoice for this will be sent to the Client separately and before the repair/service begins and must be paid accordingly before the repair/service begins.

Full payment must be made to: BR Boat Repairs Florida.

We accept cash, checks, Visa, Master Card.

Payments not received within 14 days of noted due date will be considered

past due and are subject to a late fee charge of between 1.5% and 10% per month.

Any additional costs incurred in the process of collecting the final payment, such as

legal fees or other related expenses, the Client will be responsible for covering

those costs in addition to the original payment amount.

All parts and materials remain the property of BR Boat Repairs Florida until balance due is paid in full. The Service Provider may place a lien or judgment on the boat for a delinquent payment, and the Client agrees to pay all associated legal fees.

A shop supplies and consumables fee may be applied to cover materials used during service (e.g. lubricants, cleaners, shop materials).

An environmental disposal fee may apply to cover proper disposal of fluids and chemicals.

Freight fees may apply.

Prices may change over time due to market conditions, material costs, and availability.

Cost exceedance: If the cost exceeds the estimate by more than 10% or $10, whichever is higher, the Client will be notified and approval is required.

4. Contract type

Clients can arrange one-time or ongoing service/maintenance/repair contracts.

Service agreements shall automatically renew for successive one (1) year terms unless either party provides written notice of non-renewal at least thirty (30) days prior to the expiration of the then-current term. The Company will provide written notice to Client at least thirty (30) days before the renewal date, which notice will clearly state the renewal terms and any changes in pricing. If there is any increase in pricing or material change to the terms of the Service Agreement, automatic renewal shall not apply. In such case, renewal shall require the Client’s prior written consent.

The Service Provider may terminate the Service Agreement if it becomes unable to perform the Services due to circumstances beyond its reasonable control. Upon termination under this section, the Service Provider shall refund any prepaid fees for services not yet performed, less any amounts earned or costs already incurred.

The Service Provider may terminate the Service Agreement for material breach if such breach is not cured within a reasonable period after written notice.

5. Consent / Acceptance

By accepting the offer/estimate, the Client confirms that they have read, understood, and accepted the terms and conditions.

This agreement applies to the entire order, including ongoing repairs/maintenance, routine work, and approved (follow-up) repairs.

6. Terms of Service / Disclaimer

The services are provided on the basis of the conditions visible and accessible at the time of performance.

Due to the nature of marine environments, pre-existing conditions, corrosion, weather exposure, access limitations, and prior third-party work may affect results. No guarantee of specific outcomes is made and no liability is assumed for previous damage.

Consumers (B2C) enjoy the consumer protection provided by law.

To the extent permitted by applicable law, our liability for consumer clients is limited to direct damages caused by BR Boat Repairs Florida through the service ordered and performed and shall not exceed the amount paid for the specific service giving rise to the claim.

A referral or coordination fee may be paid as compensation for administrative and coordination services and is not a commission based on the outcome quality or pricing of the services performed. Such referral or coordination fee does not increase the price changed to the client for the services unless expressly disclosed in writing. The client consents to the payment of such referral or coordination fee and waives any claim arising solely from the existence of such payment, provided that the services are performed in accordance with the agreement.

Business clients (B2B) acting in a representative capacity as an “Authorized Agent” of their customer indemnify BR Boat Repairs Florida from liability should the Authorized Agent make false promises or act without authorization.

Business clients acknowledge that marine service conditions are inherently variable. Services are provided based on visible and accessible conditions at the time of service. No warranties or guarantees, express or implied, are provided.

To the fullest extent permitted by law, our liability for business clients is limited to the invoice amount paid for the services rendered. We shall not be liable for indirect, incidental, consequential, loss-of-use, third-party damages or personal injury, bodily harm or death including claims arising from ordinary negligence.

This disclaimer applies to all services provided by BR Boat Repairs Florida, including but not limited to inspection, maintenance, repair, servicing, and work performed on boats, marine engines, electrical systems, and any related watercraft components.

All services are performed professionally and to the best of our knowledge and ability. However, BR Boat Repairs Florida makes no guarantees, warranties, or representations, expressed or implied, regarding: complete absence of defects in the performed work, long-term operability, performance, or reliability of the watercraft, its systems, or components,

the future condition or safety status of the watercraft.

The watercraft owner / client expressly acknowledges and agrees that complete, accurate, and truthful information regarding the watercraft’s condition, history, and use has been provided, the watercraft will be operated properly and maintained in accordance with manufacturer recommendations, independent safety and functionality checks will be conducted prior to each operation of the watercraft.

To the fullest extent permitted by law, BR Boat Repairs Florida shall not be liable for:

damages resulting from improper operation, insufficient maintenance, wear and tear, aging, corrosion, accidents, water intrusion, or acts of nature, damages resulting from subsequent modifications or work performed by third parties, hidden defects or pre-existing conditions not reasonably detectable at the time of service, indirect damages, consequential loss, loss of use, financial losses, or loss of revenue.

The Client represents and warrants that they are authorized to grant BR Boat Repairs Florida access to the property, marina, dock, mooring, and the location of the watercraft for the purpose of performing the agreed services and that no third-party rights prevent the Service Provider from performing the services. The Client shall be responsible for any delays, restrictions, or additional costs resulting from unavailable, delayed, or restricted access to the property or watercraft.

The Service Provider shall not be liable for pre-existing conditions, valuables left on board, or any consequences arising from limited or denied access.

The Service Provider shall not be liable for loss or damage to the watercraft or any items left in it in the event of fire, theft, accident, force majeure, or other causes beyond our control.

BR Boat Repairs Florida shall not be liable for the structural integrity of watercraft during transport or slipping. Upon completion of service, any operation, test run, or use of the watercraft shall be conducted entirely at the owner’s risk.

To the fullest extent permitted under applicable Florida law, the liability of BR Boat Repairs Florida is strictly limited to the minimum extent permitted by law. Mandatory consumer rights remain unaffected.

Governing Law and Jurisdiction: This disclaimer and any contractual or non-contractual claims arising in connection with services provided shall be governed exclusively by the laws of the State of Florida, USA.

Liability for the completeness of these General Terms and Conditions is excluded to the extent permitted by law.

7. Dispute resolution and liability

Consumer clients (B2C)

Disputes arising from our services must first be reported in writing, allowing a reasonable opportunity to resolve the issue. If unresolved, disputes shall be resolved by binding arbitration in Florida, where permitted by law.

Claims must be brought individually only; class or representative actions are waived to the extent permitted by law. Nothing in these terms limits statutory consumer rights or liability for personal injury caused by gross negligence. The Client acknowledges to pay attorney fees and court costs if the account goes to collections.

Business Clients (B2B)

All disputes shall be resolved exclusively by binding arbitration in Florida, and the parties waive any right to a jury trial.

To the maximum extent permitted by Florida law, liability for claims arising from ordinary negligence, including bodily injury, is limited to the fees paid for the specific services giving rise to the claim. This limitation does not apply to gross negligence or willful misconduct.

Business Clients agree to indemnify and hold harmless the service provider from claims arising from their operations, employees, or misuse of serviced equipment.

The Client acknowledges to pay attorney fees and court costs if the account goes to collections.

Applicable law: These terms are governed by the laws of the State of Florida.