Terms and Conditions of Service
Our commitment to you:
DSC agrees that all work will be completed in a professional manner. All work will be undertaken in accordance with applicable government standards1 and additional reference to industry recommended best practices and ABYC standards. Work on the vessel shall be completed where and as found and will be limited in scope to the Statement of Work and subsequent Change Notices as agreed.
Agreeing to Services
You are of the opinion that DSC has the necessary qualifications, experience and abilities to provide services and DSC is agreeable to providing such services. DSC disclaims any expertise regarding insurance coverage or policy terms and conditions and cannot attest to the overall insurability of a vessel following work performed. DSC also does not perform engineering or naval architecture services and cannot attest to the vessel as such, though we may, at times, subcontract in such service provisions. However, DSC will use the skill and care practiced by professional marine service technicians in the performance of work and to commence services on the date specified.
DSC agrees that all work will be completed in a professional manner. All work will be undertaken in accordance with applicable government standards1 and additional reference to industry recommended best practices and ABYC standards. Work on the vessel shall be completed where and as found and will be limited in scope to the Statement of Work and subsequent Change Notices as agreed.
Agreeing to Services
You are of the opinion that DSC has the necessary qualifications, experience and abilities to provide services and DSC is agreeable to providing such services. DSC disclaims any expertise regarding insurance coverage or policy terms and conditions and cannot attest to the overall insurability of a vessel following work performed. DSC also does not perform engineering or naval architecture services and cannot attest to the vessel as such, though we may, at times, subcontract in such service provisions. However, DSC will use the skill and care practiced by professional marine service technicians in the performance of work and to commence services on the date specified.
Billing
- Be advised that while DSC will honour our quote for hourly rates for service and distance rates for travel, we cannot guarantee the final price of parts required nor the total time required to perform the work - unforeseen discoveries and changes in vendor pricing cannot be controlled;
- Likewise, any changes to the Statement of Work as requested by you or on the advice of DSC will require a Change Notices and may impact the final billing;
- In the event of long term / multi stage projects, DSC will provide Interim Monthly Invoices to capture work and parts to date - you are required to keep your account in good standing (Net 7) in order to maintain uninterrupted service;
- Payments may be made by EFT (preferred) to Connect@DSCMarine.ca or by other means as arranged with DSC;
- Interest payable on any overdue amounts may be charged at a rate of 24% per annum (2% per month); and
- You agree to pay a returned payment fee of $40 per occurrence for any instruments returned for any reason.
Important Notes
The vessel shall be made available at a mutually agreed time for a period adequate for the work to be assessed or completed, as applicable. You are responsible to make arrangements with the boat yard, marina, property etc to ensure that DSC is permitted access to the vessel. If the vessel is on a mooring or at anchor, you and DSC Client will coordinate for access.
Whether the vessel is laid up on land or in the water, adequate arrangements shall be provided for boarding the vessel safely. The vessel MUST BE adequately supported on land (hanging in slings is not sufficient) or secured to its dock or mooring.
It may be that items will need to be removed from the deck, cockpit and cabin top so that all areas are clear and unobstructed. All cabinets, lockers, storage compartments and other access areas related to the requested work shall be emptied. Walkways and companionways shall be clear and accessible. All doors, hatches and access panels (including those for electrical systems, tank and equipment access) shall be unlocked and opened or made accessible. Bilges shall be clean and dry.
Adequate DC and AC power supply shall be available for lighting of interior spaces and operational testing of electrical systems, as required.
DSC Technicians reserve the right to refuse to board the vessel if, upon arrival, condition of the vessel or of the site are deemed unsuitable for work (including presence of pests, vapors, etc). If this occurs, you will be notified immediately and will be responsible for a call-out fee (to a maximum of the hourly charge for travel to and from the vessel, at the discretion of DSC) before rebooking. The appointment may be rescheduled following the correction of the identified conditions.
DSC shall make no warranties as to the suitability of the design of the vessel for a particular use or to what the condition of the vessel may be in the future. Any information provided by DSC shall not be construed as an opinion or advice with respect to naval architecture or engineering of the vessel, nor shall it be construed as an engineering assessment of any aspect of the vessel.
All intellectual property and related material that is developed or produced for these services will be the property of DSC. You are granted a non-exclusive, limited-use license of this property. Title, copyright and intellectual property rights remain exclusively with DSC. Physical materials related to the services listed herein, however, are for your use and consideration.
Upon completion or termination of agreed to service requests, DSC will return to you any property, documentation, records, etc that is your property. Likewise, you agree to return any such property belonging to DSC. Parties will work to do so in a timely manner.
Whether the vessel is laid up on land or in the water, adequate arrangements shall be provided for boarding the vessel safely. The vessel MUST BE adequately supported on land (hanging in slings is not sufficient) or secured to its dock or mooring.
It may be that items will need to be removed from the deck, cockpit and cabin top so that all areas are clear and unobstructed. All cabinets, lockers, storage compartments and other access areas related to the requested work shall be emptied. Walkways and companionways shall be clear and accessible. All doors, hatches and access panels (including those for electrical systems, tank and equipment access) shall be unlocked and opened or made accessible. Bilges shall be clean and dry.
Adequate DC and AC power supply shall be available for lighting of interior spaces and operational testing of electrical systems, as required.
DSC Technicians reserve the right to refuse to board the vessel if, upon arrival, condition of the vessel or of the site are deemed unsuitable for work (including presence of pests, vapors, etc). If this occurs, you will be notified immediately and will be responsible for a call-out fee (to a maximum of the hourly charge for travel to and from the vessel, at the discretion of DSC) before rebooking. The appointment may be rescheduled following the correction of the identified conditions.
DSC shall make no warranties as to the suitability of the design of the vessel for a particular use or to what the condition of the vessel may be in the future. Any information provided by DSC shall not be construed as an opinion or advice with respect to naval architecture or engineering of the vessel, nor shall it be construed as an engineering assessment of any aspect of the vessel.
All intellectual property and related material that is developed or produced for these services will be the property of DSC. You are granted a non-exclusive, limited-use license of this property. Title, copyright and intellectual property rights remain exclusively with DSC. Physical materials related to the services listed herein, however, are for your use and consideration.
Upon completion or termination of agreed to service requests, DSC will return to you any property, documentation, records, etc that is your property. Likewise, you agree to return any such property belonging to DSC. Parties will work to do so in a timely manner.
Disputes
You and DSC agree to attempt in good faith to resolve any dispute, claim or controversy arising out of or relating to this service request through mediation, arbitration or some other form of non-judicial process before undertaking recourse to the courts.
