GREAT BAY MARINE, INC. DISCLAIMER OF LIABILITY

1.        The boat owner agrees that he will save and hold harmless GBM if any of his guests, family or business invitees are injured on GBM premises.

2.        It is agreed by the parties that in the event the boat is hauled, stored, or launched in or out of water, GBM, its servants, employees, or agents shall move or otherwise haul, store or launch the boat AT THE BOAT OWNER’S RISK.  GBM shall not be liable for any damage, loss or delay to boat owner’s boat and/or other personal property caused by acts of God or by the public enemy, war, insurrection, strikes, labor troubles, riots, fire, earthquake, vandals, thieves or the NATURE OF OR ANY DEFECT IN THE BOAT OR ITS CRADLE AS DELIVERED TO GBM or by deterioration by time, or rot, termites, rodents, leakage or all the weather elements including rain, frost, hail or snow.

       3.        It is agreed between the parties that GBM shall not be chargeable with knowledge of the  contents of  said boats.  NO WARRANTY OR REPRESENTATION is made that any of GBM’s buildings, docks, or storage grounds are fireproof.  Boats left for storage are kept on the premises solely AT THE BOAT OWNER’S RISK. 

     4.        The herein mentioned boat is not insured by GBM and the storage rates hereunder do not include any insurance by GBM and it is agreed between the parties that GBM is not an insurer nor does it assume any obligations of any insurer with respect to the loss or damage of the boat while on GBM’s premises.  GBM SHALL ONLY BE LIABLE, UNLESS OTHERWISE STATED HEREIN, FOR LOSS OR DAMAGE TO THE BOAT WHEN AND ONLY WHEN ITS ACTS OR OMISSIONS SHALL BE WILLFULLY OR GROSSLY NEGLIGENT. 

     5.        It is hereby agreed by the parties that GBM’s liability for any parts, goods, or materials provided Boat Owner and any liability for labor done by GBM’s servants, employees or agents shall be limited to repair or replacement of defective material, parts, goods or workmanship.  GBM shall not be liable for loss of use of the boat, with the exception of any warranties granted in this contract, hereby DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING ALL WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE; AND ANY OTHER WARRANTIES THAT MAY HAVE ARISEN IN THE COURSE OF DEALING OR USAGE OF TRADE.   

     6.        It is agreed and stipulated that the inside and the outside land storage services included in this contract do not include any specific type of watchman, police guard or security guard services, other than the Town of Newington’s usual police and fire department services supplied to the community at large.  The Owner agrees that GBM shall not be liable to the Owner of the Vessel, or to those in privity with either of them, by any reason of intrusion, theft, vandalism, arson or other criminal acts of any kind or degree on or about the Vessel, whether by land or by water. 

     7.        All boats must be insured. A Certificate of Insurance is required naming GBM as an additional insured with respect to liability coverage. 

     8.        I accept the terms and conditions of the Great Bay Marine, Inc. Storage Agreement.  

Any questions or problems with billing or work performed must be reported to Great Bay Marine within 15 days of receipt.  A service charge will be added to all accounts 30 days past due, and all work will be halted until the account is current.  The cost of collection of any monies due, including, but not limited to attorneys and Marshall fees and boat auction fees, will be added.  Great Bay Marine reserves the right to haul the boat out of the water upon completion of the work or anytime thereafter and detain the boat in the yard until the account is paid in full.