All prices are for one annual service, billed annually.

INSPECTION AND REPORT. An inspection report will be sent to Customer after each completed maintenance which will include the general conditions of your seawall, photos, and any recommendations for needed repairs. Dock Expert’s inspection and report are not intended to be technically exhaustive, or to imply that every component was inspected, or that every possible defect was discovered. No disassembly of equipment, moving of equipment, fixtures, or stored items, or excavation is included. All components and conditions which by the nature of their location are concealed, camouflaged or difficult to inspect are excluded from the inspection and report. The inspection is performed in compliance with generally accepted standard of practice. Systems and conditions which are not within the scope of the inspection include, but are not limited to:___________________________________________________________________________.

 
The inspection report should not be construed as a compliance inspection of any governmental or non-governmental codes or regulations. The report is not intended to be a warranty or guarantee of the present or future adequacy or performance of the structure, its systems, or their component parts. This report does not constitute any express or implied warranty of merchantability or fitness for use regarding the condition of the boatlift, seawall, or dock and it should not be relied upon as such. Any opinions expressed regarding adequacy, capacity, or expected life of components are general estimates based on information about similar components and occasional wide variations are to be expected between such estimates and actual experience.

ADDITIONAL WORK. Any repair work as noted in the report is not included in the scope of this Agreement but may be completed under a separate written agreement with Dock Experts.

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.

RENEWAL & CANCELLATION.  This agreement may be canceled upon written notice provided by either party to the other part and at least 10 days prior to the date upon which any annual service is scheduled.  Unless and until cancelled, this agreement shall renew annually automatically on the anniversary of its execution. Customer may obtain details of this automatic renewal provision and cancel this agreement by providing written notice to Dock Experts at [email protected] or at our office.

COVERAGE EXCLUSIONS. This contract only covers cost of the labor and services set forth above. 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. Seawall and all components must be in serviceable condition before agreement goes into effect.

ACCESS: Customer shall provide clear access to the docket, seawall and boatlift, as applicable and surrounding area to be serviced.

SUSPENSION OF SERVICE.  Dock Experts reserves all rights to cancel this agreement, suspend service and not respond to any new service request if any fee has not been paid in full.

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.

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.

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”).

AMENDMENTS OR MODIFICATIONS.  Any amendment or modification of this Agreement must be in writing and signed by both Parties hereto.