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 standards 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 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 standards 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 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 work as requested by you or on the advice of DSC will require an agreement (email suffices) 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;
- DSC will issue a final billing for parts, labour and service charges to termination / completion. If your deposit exceeded the parts, labour and service charges due through termination / completion, the difference will be returned to you within 14 days;
- Parts ordered for you by DSC in accordance with your work requests are understood to be your property. Unless otherwise agreed, these parts are not to be construed as acceptable forms of payment. Uninstalled parts as ordered for your project will be delivered to you within 14 days of becoming available or of your account settlement, whichever is the latter. You agree that extra materials, parts / tools used on the job that are not required under this contract are the property of DSC;
- Except as otherwise provided in this agreement, DSC will provide, at their own expense, any and all tools, machinery, workwear, etc necessary to deliver service in accordance with this agreement;
- DSC reserves the right to defer additional service requests to new project files;
- 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.
Appointments / Scheduling
Except as otherwise provided in this agreement, DSC ill have full control over working time, methods and decision making in relation to provision of services. However, DSC will be responsive to the reasonable needs and concerns of the client and the boat yard / facility where the vessel is located.
DSC requires minimum 2 days advance appointment notice for rescheduling to avoid added service charges to you. Extenuating circumstances may be communicated with DSC such that this fee may be waived. For less than 48 hours notice, an administrative / reshelving fee for parts may be charged, which is limited to half of the estimated cost of labour for that appointment, excluding travel fees.
Cancelation / Termination
Your rights are protected under the Consumer Protection Act of Ontario (2002). You may cancel this contract within 10 days of signing the contract if done so in writing directly to our office (by post or email).
You may terminate the work requested, at any time, upon giving written notice to DSC. DSC will stop work immediately upon receipt of written notice. In such an event, Client shall pay DSC for all work performed, at DSC's normal hourly rate, and all expenses incurred prior to termination, including any travel expenses necessary and equipment ordered and agreed to by you, as applicable.
Parts & Warranty
DSC's warranty does not include the manufactured product, which is warranted by the supplier company, according to its individual terms and conditions. The customer should therefore ensure that those warranties are acceptable before concluding the the authorization of DSC to purchase or the direct purchase of customer supplied parts.
There are no representations, collateral agreements, conditions or warranties expressed or implied on the part of DSC with respect to the materials used. All materials installed by DSC are guaranteed to be free from defects by the manufacturer, where applicable. Manufacturer warranties, where they exist, will be registered for or made available to you upon full payment of the contract as agreed herein.
Install warranty.
DSC attests that all work done by any employee or sub-contractor will be performed in a workmanlike manner. Any defect with regard to installation, whether in materials or workmanship, will be repaired or replaced at no charge for a one-year period beyond date of completion.
Consequential or special damages of any nature are excluded from this warranty. Liability is limited to the correction of work related to installation, excluding any work not originally done by DSC. You understand that day to day maintenance is not covered under our warranties and that a service charge will be necessary for future service calls involving adjustments to the work as contracted herein.
DSC shall have no liability on any basis other than a failure to use the degree of skill and care practiced by professional marine service technicians. DSC disclaims the making of any warranties, expressed or implied, other than as clearly outlined in this agreement or such agreements accepted by both parties in relation to the associated file number.
You assume all risk in the use of your vessel and agree to indemnify or save harmless DSC from and against all claims, demands and liability for injuries or death to persons and damage to property caused by or arising from or in any way connected with the use of your vessel except where caused by the negligence of DSC.
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
If you are not satisfied with any part of the installation, repair, upgrade or other work provided to you by DSC as contracted herein, please call or email our office as soon as possible so that we can work together to resolve the matter without delay.
Any written notice of claim must be submitted to DSC within 7 days of discovery of any issue associated with the workmanship of any DSC technician. If DSC does not receive your notice of claim within this time period, we may reduce the amount we pay for your claim or refuse your claim unless it was not reasonably possible for you to provide the notice within this period.
Neither this contract or any of the rights, duties, liabilities or obligations agreed to by you and DSC is transferrable or assignable by you without the prior written consent of DSC.
This contract shall be construed and enforced in accordance with and the rights of the parties shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein.
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.
Any written notice of claim must be submitted to DSC within 7 days of discovery of any issue associated with the workmanship of any DSC technician. If DSC does not receive your notice of claim within this time period, we may reduce the amount we pay for your claim or refuse your claim unless it was not reasonably possible for you to provide the notice within this period.
Neither this contract or any of the rights, duties, liabilities or obligations agreed to by you and DSC is transferrable or assignable by you without the prior written consent of DSC.
This contract shall be construed and enforced in accordance with and the rights of the parties shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein.
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.
