The following are the Service Terms and Conditions of Master Marine Diesel LLC (hereafter referred to as “Agreement”); This website is operated by Masters Marine Diesel LLC (“MMD”). Throughout the site, the terms “we”, “us”, and “our” refer to MMD. MMD offers this website, including all information, tools, and services available from this site, to you, the Customer, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site or engaging in our services (“Service”), you agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These terms of service apply to all users, including without limitation users who are browsers, vendors, merchants, contributors of content, and customers. “Customer” refers to the individual or the company identified in our estimate and invoice, who is the owner of the vessel, or has been authorized by the owner, manager, captain, or other authorized representative of the vessel to contract for the services to be actually rendered by MMD. The Customer may not be the owner of the vessel but represents that the terms and conditions set forth herein have been read and agreed to and are binding on the Customer and owner of the vessel, whether or not the owner or vessel are identified in the estimate and invoice.

Please read this Agreement carefully before accessing or website and using our services. By accessing or using any part of the site or engaging our services, you agree to be bound by this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the website or use our services.

SERCVICES & PAYMENT TERMS; Except where otherwise specifically noted as being separate and distinct terms, includes repairs, labor, parts, materials and other services required by MMD to perform the agreed on work. This Agreement is incorporated into and made a part of the Estimate and Invoice issued by MMD to the Customer. The Customer agrees to compensate MMD for all services provided in connection with the work ticket as follows: An initial deposit amounting to Thirty percent (30%) of the estimated total cost shall be required to start the work described in the estimate and work ticket. Subsequent to this, MMD will issue invoices periodically until the completion of the work. Unless otherwise agreed upon in writing, payment shall be due upon receipt of the invoice.

ESTIMATES ARE SUBJECT TO CHANGES;  When requested by the Customer, MMD will provide cost and completion date estimates. Such estimates are made in good faith based on MMD’s knowledge and experience. The Customer acknowledges that engine repair work cannot always be accurately estimated in advance; unforeseen conditions or problems frequently arise once work begins, and other factors can impact estimated costs and completion dates, including but not limited to weather, flood, fire, delays in delivery of supplies or materials, subcontractor delays, strikes, labor disturbances, public health crises, and governmental directives, orders, and regulations. The Customer understands and agrees that any estimates provided are to be used as guidelines only and are not binding on MMD.

ALL CHARGES MUST BE PAID IN FULL upon completion of work ticket. Should the Customer fail to make payments when due, MMD reserves the right, at its sole discretion, to cease any and all work on the vessel until payment is received. Any amount outstanding for more than ten (10) days past the due date shall incur interest charges at the lesser of (1) Ten percent (10%) per annum or (2) the maximum rate allowed by law. Any extension of payment terms granted shall not constitute a waiver of MMD’s rights or the Customer’s obligations. In the event MMD finds it necessary to engage legal counsel and/or a collection agency to collect any unpaid invoices, the Customer agrees to pay MMD’s reasonable costs of collection, including but not limited to attorney fees, other collection costs, and collection agency fees. The Customer acknowledges and agrees that the services provided by MMD entitle MMD to a maritime lien against the vessel under the Federal Maritime Lien Act, and that the release of the vessel without full payment shall not constitute a waiver or release of that lien.

CHARGES FROM THIRD PARTY;  Any charges from third-party, including but not limited to freight, shipping and delivery charges, parking fees, or travel expenses incurred in connection with the described services, shall be the exclusive responsibility of, and shall be paid by, the Customer

UNDISPUTED AMOUNTS PAYMENTS; the Customer shall promptly pay the agreed charges for all items of the work that are not in dispute on a timely basis, In the event of a dispute or claim regarding any item(s) of the agreed work.

CANCELLATION OF ORDERED SERVICES;  In the event the Customer elects to cancel all or part of the services ordered as set forth in the estimate or work ticket, the Customer shall pay MMD in full as of the date of cancellation for (1) all services performed by MMD or its subcontractors, and (2) all other expenses and charges incurred relating to the job. Cancellation of the specific services must be in writing. No warranties, whether express or implied, shall apply to the services rendered up to the date of cancellation.

CHANGE ORDERS;  During the course of services, it may be determined that additional services are necessary beyond the scope of the work identified in the estimate, or that the Customer requests that additional services be performed. Any such additional services shall require the agreement of the Customer and MMD, and if agreed upon, shall be subject to a written change order. The written change order shall be subject to the terms and conditions of this Agreement.

LIMITED WARRANTY, DISCLAIMERS, EXCLUSIVE REMEDIES

Limited warranty – labor excluding parts, MMD warrants that all labor and repairs will be free of defects for a period of twelve (12) months, or 400 engine hours, whichever comes first, starting from the date that MMD has completed its work, which shall be considered the date that MMD issues its final invoice. This limited warranty does not include any defect in parts or any repairs required as a result of any defect in the parts sold and installed by mmd as part of the services. any warranty on the parts is that of the manufacturer(s) only. upon request, mmd shall provide the customer with the warranty provided by the manufacturer(s).

Exclusions to limited warranty, The Limited Warranty provided by MMD does not cover or include any damage, loss, malfunction, or breakdown caused in whole or in part by, or arising from (1) neglect, (2) lack of maintenance, (3) misuse, (4) abuse, (5) accident or casualty, (6) repair or alteration made by anyone other than MMD, (7) actions and omissions of the owner and third parties, (8) unseaworthy conditions of the vessel, (9) structural deficiencies or damages to other parts and equipment of the vessel, (10) weather and environmental events and occurrences, including but not limited to hurricanes, tornados, tropical storms, floods, earthquakes, (11) acts of war, armed conflict, (12) confiscation and detention of the vessel by governmental agencies or those acting on their behalf, whether in time of war or peace, (13) acts of civil disturbance, rioting, and (14) any other cause not solely due to the labor and repairs performed by MMD.

Remedies of limited warranty, The remedies of the limited warranty, includes, (1) MMD must be notified in writing (email, text) and verbally as soon as reasonably possible of any issue – damage, loss, malfunction, breakdown – that may involve the services performed and which may be covered under the Limited Warranty. (2) Absent exigent circumstances to save the vessel from loss and/or destruction, or to protect from bodily injury or death of persons, no repairs by the owner or third person shall be undertaken without MMD first having the opportunity to have an authorized representative inspect the vessel. (3) MMD shall be provided records of all maintenance and repairs to the vessel between the date of the start of the Limited Warranty and the date of the damage, loss, malfunction, or breakdown. (4) In the event of the exigent circumstances described above that require repairs prior to MMD first having an opportunity to inspect the vessel, photographs of the damaged parts, equipment, and damaged areas of the vessel shall be taken, all parts and equipment removed from the vessel shall be preserved in safekeeping, and any inspection report, estimate, and invoice shall be made available to MMD. In the event the photographs, parts, and equipment, inspection report, estimate, and invoice are not made available to MMD or are not sufficient for MMD to reasonably determine the cause of the damage, loss, malfunction, or breakdown and need for repairs, the Limited Warranty shall not apply. (5) Absent the exigent circumstances described above, in the event repairs are made to the vessel without MMD first having an opportunity to inspect the vessel, the limited warranty shall be void and of no effect. (6) In the event that the damage, loss, malfunction, or breakdown is determined to have been solely caused by the labor and repairs performed by MMD and covered by the Limited Warranty, MMD shall make all necessary and reasonable repairs at its sole cost and expense at its designated location. If circumstances dictate that repairs be performed at a location that would make it impracticable for MMD to perform the repairs, MMD shall agree to pay a third-party repair facility to make the repairs, but at a cost that does not exceed the normal and customary charges of MMD for performing the same repairs. the foregoing is the sole and exclusive remedy under the limited warranty. (7) Any and all expenses to be incurred for travel, fuel, lodging, and shipping to perform the covered repairs shall be paid by the owner. (8) Under no circumstances does the Limited Warranty include or cover any consequential and incidental loss, expense, cost, and damage, including but not limited to loss of use, loss of profits or revenue, crew wages, towing, salvage, wreck removal, storage, dockage, fuel, utilities, inspection and survey fees, attorney fees.

LIABILITY LIMITATIONS/EXCLUSIONS; Limitation of liability, MMD shall not be liable, at law or in admiralty, for loss or damage to the vessel or other property, real or personal, unless such loss or damage was caused by the sole negligence of mmd in which case MMD’s liability shall be limited to and shall not exceed the amount invoiced for the services rendered and paid for.  Exclusion of consequential and incidental damages, MMD shall not be liable for any consequential and incidental damages, including but not limited to loss of use, loss of revenue, loss of profits, crew wages, towing or salvage

INACTIVITY; The Customer agrees to maintain communication with MMD and respond to emails/phone calls regarding job status and payment. If no response is received within seven (7) days of MMD’s inquiries to the Customer, MMD reserves the right, at its sole discretion, to cease all services, cancel all further services, and issue a final invoice for services rendered up to that date.