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Terms and Conditions

  1. Entire Agreement: The terms and conditions of this agreement, in its entirety, without exception shall act as a binding agreement between EJMBW and the owner, and shall extend to any other agent or entity (excluding future transferees) acting under the direction, control or on behalf of either party.

  2. Severability: The invalidity or unenforceability of any particular provision of this agreement shall not affect the other provisions hereof, and this agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted.

  3. Damage Mitigation: In the event of an emergency or threat to safety or security, the owner authorizes EJMBW but does not obligate EJMBW to attempt appropriate measures to mitigate damages to the vessel, other equipment and EJMBW’s property and environs. The owner agrees to pay EJMBW its reasonable charges for mitigation attempts.

  4. Access: During the time of this agreement, EJMBW may at its own discretion grant the owner access to work on the vessel. If the owner desires work on the vessel of a nature not offered by EJMBW, the owner’s outside contractor providing that type of work may be granted access by EJMBW (at its own discretion), provided however the outside contractor first provides a certificate of insurance satisfactory to EJMBW, naming EJMBW an additional insured. The owner acknowledges that the outside contractor’s insurance does not absolve the owner of responsibility for injuries or damages arising from the outside contractor.

  5. Breach of Contract: A breach of contract is considered to have occurred when one party has acted in a manner inconsistent with this agreement. In the event that a breach of contract was to occur, the breaching party may not sue or take any legal action against the non-breaching party. 

  6. Negligence Exclusion: The owner acknowledges that he/she is responsible for the vessel and any persons brought or invited to EJMBW facilities by the owner. The owner understands the EJMBW shall not be held in breach of contract or considered negligent for any dollar damages due to a) injury to persons, including death, or b) damage to any property including the vessel and its contents. This exclusion of any claim by the owner and the owner’s invitees for breach of contract or negligence includes any incident arising in any way from this agreement or of the vessel at EJMBW, regardless of whether caused by EJMBW or its agents’ acts or omissions, wind, rain, snow, ice, flood, sinking, fire, spillage, power outage, structural or mechanical failure, theft, vandalism or any other event. 

  7. Indemnification: The owner agrees to forever indemnify and hold harmless EJMBW and its employees/agents against any and all claims, suits, actions, torts, legal or administrative proceedings, demands, judgments, liabilities, attorney/arbitrator fees, and expenses of any nature or claims thereof arising out of misuse, injury, death, damage, loss, negligence (not amounting to gross negligence) breach or any other matter as it pertains to this agreement. 

  8. Extension: The owner acknowledges that this agreement’s provisions shall extend to periods before and after the dates listed herein (or verbally agreed upon heretofore) if the vessel is present at EJMBW, providing that no other written agreement has been executed. 

  9. Transfers: This agreement is not transferable or assignable by the owner.

  10. Payment: All invoices will be Net 10 from date of invoice, during this time customers may pay by Check, Cash or Credit Card. After this period of time (10 days) Credit Cards on file are processed for the full invoice amount.

  11. Liens: The owner agrees that any unpaid amounts owed to EJMBW under the previous section constitute a lien on the vessel in favor of EJMBW under the Michigan Marina and Boatyard Storage Lien Act. While EJMBW is entitled to foreclose its lien, if the owner does not pay all unpaid amounts due and remove the vessel after written demand to do so, the owner agrees that EJMBW may (at its option) sell the vessel non-judicially to recover unpaid amounts due and/or take such other steps EJMBW deems appropriate to remove the vessel from EJMBW’s premises, including disposal of the vessel. The owner agrees to pay for EJMBW’s reasonable attorneys or fees and costs incurred in enforcing the provisions of this section.

  12. Disputes: Any breach or dispute arising out of this agreement that cannot be solved through non-binding means shall be settled by arbitration. The owner and EJMBW agree that they are not allowed to litigate any disputes regarding this contract. The arbitration shall be held in accordance with the American Arbitration Association rules and regulations and an arbitrator shall be selected who has substantial experience regarding the nature of the dispute. Hearings shall be tried under the State of Michigan Law and occur in St. Ignace, Michigan or Sault Ste. Marie, Michigan. 

HOURS

Summer (Memorial Day to Labor Day)

Mon-Fri: 8AM-5PM

Sat: 9AM-3PM

Sun: 11AM-3PM

 

Winter

Mon-Fri: 8AM-4PM

Sat: CLOSED

Sun: CLOSED

ADDRESS

Physical

E.J. Mertaugh Boat Works

296 S Hessel Point Rd

Hessel, MI 49745

 

Mailing

E.J. Mertaugh Boat Works

P.O. Box 40

Hessel, MI 49745

PHONE & EMAIL
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© 2018 by EJ Mertaugh Boat Works. Proudly created in Michigan's Upper Peninsula.