All work will be performed at and charged to the boat and owner at DELTAVILLE BOATYARD’s usual and customary time and material rate. It is understood that if a price is estimated on the Work Order followed by the notation estimate (“est.”) or approximate (“approx.”) or similar notations, the price approximate only, and the actual charge will be based upon DELTAVILLE BOATYARD’s time and materials rate.

Owner hereby grants DELTAVILLE BOATYARD, its agents and employees, permission to operate the boat for the purpose of testing and/or inspection.

DELTAVILLE BOATYARD shall proceed with due diligence to affect the repairs enumerated on the Work Order but shall not be liable for any delays in completion of said work from any causes beyond its control.

DELTAVILLE BOATYARD warrants the workmanship undertaken hereinto be free of defects for a period of thirty (30) days. DELTAVILLE BOATYARD’s LIABILITY IN CASE OF DEFECTIVE WORKMANSHIP SHALL BE LIMITED STRICTLY TO THE PROPER REPLACEMENT THEREOF AT DELTAVILLE BOATYARD’S PLACE OF BUSINESS. THIS IS DELTAVILLE BOATYARD’S SOLE RESPONSIBILITY AND LIABILITY UNDER THIS AGREEMENT.

DELTAVILLE BOATYARD made NO WRITTEN WARRANTY CONCERNING MATERIALS. DELTAVILLE BOATYARD will make all efforts to convey to Owner any manufacturers’ warranties for any materials installed by DELTAVILLE BOATYARD and warranted by the manufacturer, but DELTAVILLE BOATYARD does not adopt any manufacturer’s warranty.

In consideration of the benefits obtained by the owner from DELTAVILLE BOATYARD’s performance under this agreement, Owner releases and discharges DELTAVILLE BOATYARD and its officers, employees, and agents from all claims and causes of action of any sort for injuries to Owner’s person or property except those by negligence of DELTAVILLE BOATYARD employees or agents.

Owner agrees that it shall be solely responsible and liable for any losses, damages, injuries or deaths to property or persons as a result of any acts of omission or commission of its employees, agents, servants, subcontractors, or the seaworthiness of the boat and further agrees for himself, his heirs, successors, and assigns to indemnify, protect and hold DELTAVILLE BOATYARD harmless from any and all such claims, demands or suits that may be made against DELTAVILLE BOATYARD.

No claim for damages shall be valid and DELTAVILLE BOATYARD shall be discharged from all liabilities therefore unless a claim is made to DELTAVILLE BOATYARD in writing within (30) days after completion of the work and DELTAVILLE BOATYARD is given the opportunity to inspect any such work prior to any repairs being effectuated by Owner or his representative.

DELTAVILLE BOATYARD’s customary dockage and storage charges will accrue on the account of Owner until such time as the boat is removed from DELTAVILLE BOATYARD’s premises or unless otherwise agreed in writing and all terms and conditions contained in DELTAVILLE BOATYARD’s Dockage and Storage Agreements are incorporated by reference.

Owner recognizes and agrees that DELTAVILLE BOATYARD shall have upon the boat, its contents and equipment, all state and federal liens, of whatever nature given for service, labor, repairs, materials, necessaries, or storage furnished. In any action, in rem or in person am, to enforce a lien of whatever nature claimed for any sum alleged due and owing hereunder, any bond posted pursuant to law, releasing the boat to Owner, shall include an amount sufficient to cover DELTAVILLE BOATYARD’s reasonable attorney fees and costs provided that DELTAVILLE BOATYARD may have the amount of any bond posted increased to ensure the posed amount adequately covers all amounts claimed, including interest, costs and attorney fees. Owner agrees to DELTAVILLE BOATYARD’s use, if necessary, of Federal admiralty procedure in rem under Supplemental Admiralty Rule C and further agrees to waive notice and hearing and challenge thereto.

No modification to this Agreement shall be enforceable unless in writing and executed by an authorized agent of DELTAVILLE BOATYARD. DELTAVILLE BOATYARD’s failure to require strict performance of this Agreement or waiver of any condition therein shall not act as a waiver of its rights hereunder nor be deemed continuing waiver. Delay in enforcement of any of DELTAVILLE BOATYARD’s rights hereunder shall not be deemed laches.

The person signing this agreement for or on behalf of Owner represents and warrants his authority from Owner to accept this Agreement and bind owner and the boat to the terms hereof and further warrants that the boat is not under charter.

Owner hereby agrees if requested by DELTAVILLE BOATYARD to present its book of documents for inspection including proof of the boat’s insurance.

This Agreement shall be interpreted in accordance with the Laws of the State of Virginia and the Laws of the United States. If any portion of this Agreement is found null and void, the remaining portions of this agreement shall continue in full force and effect.

Owner and the boat jointly and individually, shall be obligated to pay all costs, including reasonable attorney fees incurred by DELTAVILLE BOATYARD, in non-judicial proceedings or judicial proceedings and appeals therefrom to enforce any and all provisions to this Agreement, including its sums due DELTAVILLE BOATYARD.

Owner or the person signing for Owner hereby acknowledges that he has read the and fully understands this Agreement as well as the currently posted Rules and Regulations. Further, Owner agrees to comply with said Rules and Regulations now in effect or as hereafter posted from time to time during the term of this Agreement. Failure to comply shall entitle DELTAVILLE BOATYARD to cancel this Agreement immediately without notice and excuses DELTAVILLE BOATYARD from further performance hereunder, but without a waiver of any than existing liens or other rights.

DELTAVILLE BOATYARD shall not be responsible for damage to or loss of any articles of personal property, gear, or other appurtenances left aboard the boat, due to fire, theft, pilferage, or otherwise. It being understood that the boat’s Owners, Owners’ employees, representatives, agents, etc. have at all times access to the boat and accordingly DELTAVILLE BOATYARD does not have exclusive care, custody and control of the boat and/or its contents. It is further understood and agreed that the delivery of the boat does not constitute a bailment because DELTAVILLE BOATYARD does not have exclusive care, custody and control of the boat and/or its contents as Owner, his agents, employees, crew and servants have access to the boat at all times.

Except where progress payments are provided for on the Work Order, payment for work is due upon completion thereof by DELTAVILLE BOATYARD. All charges and accounts must be paid in full before the boat may be removed from DELTAVILLE BOATYARD’s possession. Interest at the rate of 1.5% per month will be assessed against any account not paid within (30) days of the statement date.