Terms of Service

These Terms of Service ("Terms") establish a binding agreement between Boat Lift Installation Of Chesapeake, a business operating in Chesapeake, Virginia ("Company," "we," "us," or "our"), and you ("Client," "you," or "your") regarding the provision of boat lift installation, maintenance, repair, and related services ("Services").

By requesting a quote, scheduling an assessment, engaging our installation services, or accepting a proposal from Boat Lift Installation Of Chesapeake, you agree to be fully bound by these Terms and any supplementary agreements, specifications, or contracts provided in writing. If you do not agree to these Terms in their entirety, you should not use our Services.

The Company reserves the right to modify these Terms at any time. Changes become effective immediately upon posting to our website or notification to you. Your continued use of our Services following any modification constitutes your acceptance of the updated Terms.

As a client engaging our Services, you agree to:

• Provide accurate and complete information regarding your dock, vessel, water depth, and any existing structures or utilities that may affect installation or service work.
• Ensure that your property and dock comply with all local, state, and federal regulations, including permits, zoning laws, and environmental requirements. The Company is not responsible for obtaining or verifying permits unless explicitly stated in a written contract.
• Maintain access to your dock and property during scheduled service visits and provide safe working conditions for our technicians.
• Not interfere with, modify, or tamper with installed equipment, controls, or components unless authorized by the Company in writing.
• Follow all operating instructions, maintenance schedules, and safety guidelines provided by the Company in writing or verbally during training.
• Immediately report any damage, malfunction, unusual noise, or safety concern to the Company so that we may address the issue promptly.
• Comply with all applicable laws and regulations in your use of the boat lift and related equipment.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: The Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of use, loss of data, or business interruption, arising from or related to the provision or non-provision of Services, even if the Company has been advised of the possibility of such damages.

The Company's total liability for any claim arising out of or related to the Services shall not exceed the amount paid by you for the specific service that gave rise to the claim, or $5,000, whichever is less. This limitation applies regardless of the legal theory (contract, tort, strict liability, or otherwise) upon which the claim is based.

The Company is not responsible for damage to personal property, injury to persons, or loss of life resulting from the use, misuse, or failure of boat lift equipment, unless such damage or injury is directly caused by the Company's gross negligence or willful misconduct.

The Company is not liable for damage caused by natural disasters, severe weather, acts of God, vandalism, improper maintenance by the client, or unauthorized modifications to equipment.

All designs, specifications, installation plans, technical documentation, photographs, and other materials created or provided by the Company in connection with the Services are the exclusive intellectual property of the Company and are protected by copyright, trademark, and other applicable intellectual property laws.

You are granted a limited, non-exclusive license to use such materials solely for the purpose of understanding, operating, and maintaining the boat lift equipment installed at your property. You may not reproduce, distribute, modify, or create derivative works based on these materials without the Company's prior written consent.

The Company retains the right to use photographs, testimonials, and project descriptions from your installation for marketing and promotional purposes, unless you have explicitly requested in writing that your project remain confidential. Confidentiality requests must be made prior to the start of work.

All trademarks, logos, and brand identities associated with the Company are the exclusive property of the Company and may not be used without prior written authorization.

DISCLAIMER: The Company provides Services on an "as-is" and "as-available" basis. Except as expressly stated in a written contract or warranty agreement, the Company makes no warranties, either express or implied, regarding the Services, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or title.

The Company does not warrant that Services will be error-free, uninterrupted, or meet your specific expectations. The Company is not responsible for delays or failures in performance caused by factors outside the Company's reasonable control, including but not limited to weather conditions, supply chain disruptions, permitting delays, or unavailable utilities.

Equipment and components provided by third-party manufacturers are sold or supplied subject to the manufacturers' warranties only. The Company does not extend, modify, or assume responsibility for third-party warranties. Clients should review manufacturer warranties and contact manufacturers directly for warranty claims on equipment components.

Any warranty provided by the Company for installation workmanship is limited to correction or re-performance of defective work within a specified period, typically 12 months from completion of installation, unless otherwise stated in writing. Warranty coverage excludes damage resulting from improper use, lack of maintenance, unauthorized modifications, or natural wear and tear.

You agree to indemnify, defend, and hold harmless the Company, its owners, officers, employees, agents, and representatives from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use or misuse of the boat lift equipment or Services;
• Your violation of these Terms or any applicable law or regulation;
• Your violation of any third-party rights, including intellectual property rights;
• Injury to persons or damage to property caused by or contributed to by your actions or negligence;
• Your failure to obtain necessary permits or comply with local regulations;
• Unauthorized modifications or maintenance performed on the equipment by you or unauthorized third parties.

This indemnification obligation shall not apply to the extent that claims arise solely from the Company's gross negligence or willful misconduct.

Cancellation by Client: If you wish to cancel a scheduled service appointment, you must notify the Company at least 48 hours in advance. Cancellations made with less than 48 hours' notice may result in a cancellation fee equal to 50% of the estimated service cost or a minimum of $150, whichever is greater. Cancellations made within 24 hours of the scheduled appointment may result in a full charge for the service.

Termination of Ongoing Services: For maintenance plans or recurring service agreements, either party may terminate the agreement with 30 days' written notice. Termination does not relieve you of payment obligations for services already rendered or scheduled within the notice period.

Termination by Company: The Company reserves the right to terminate service to any client who: (a) fails to pay invoices within 30 days of the due date; (b) engages in abusive, threatening, or illegal conduct toward Company employees; (c) fails to provide safe working conditions or access to the property; (d) violates any material term of these Terms or a written service agreement; or (e) uses the Services for illegal purposes.

Upon termination, you remain responsible for payment of all services rendered and any outstanding invoices. The Company may pursue collection actions as permitted by law.

Informal Resolution: Before initiating formal legal proceedings, you agree to contact the Company in writing to attempt to resolve any dispute informally. You must provide a detailed description of the issue, the date the problem occurred, and the resolution you are seeking. The Company will respond within 10 business days.

Governing Law: These Terms and all matters arising from or related to the Services shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of law principles.

Jurisdiction and Venue: You agree that any legal action or proceeding arising from or related to these Terms or the Services shall be brought exclusively in the state or federal courts located in Chesapeake, Virginia. You hereby consent to the personal jurisdiction of these courts and waive any objection to venue or claim of inconvenient forum.

Binding Arbitration: If informal resolution does not resolve the dispute within 30 days, either party may elect to submit the dispute to binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted by a single neutral arbitrator in Chesapeake, Virginia. Each party shall bear its own costs and attorneys' fees, unless the arbitrator determines otherwise. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver: You agree that any arbitration or legal proceeding shall be conducted on an individual basis only and not as a class action, collective action, or representative action. You waive your right to participate in any class action against the Company.

For legal inquiries, dispute notices, or to request copies of these Terms or other legal documentation, please contact:

Any legal notice must be in writing and delivered either in person, by certified mail (return receipt requested), by email with read receipt, or by overnight courier service to the address above. Notice is deemed received when personally delivered, three business days after mailing, or when the email read receipt is received.