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Hinckley Yachts © 2025

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Hinckley Yacht Services

Service and Storage Terms and Conditions

1) DEFINITIONS. “HYS” shall mean THE HINCKLEY COMPANY and/or HINCKLEY YACHT SERVICES. “Agreement” shall mean the Dockage/Mooring/Storage Contract, Work Order, or other agreement referencing these Service and Storage Terms and Conditions. “Owner” and “You” shall mean the owner of the Vessel referenced on the face of the Agreement and theOwner’s captain or agent. “Vessel” shall mean the Vessel referenced on the face of the Agreement.

2) INCORPORATION. These Service and Storage Terms and Conditions are incorporated into and made a part of the Agreement. HYS reserves the right to modify these Service and Storage Terms and Conditions from time to time by posting updated Service and Storage Terms and Conditions on its website, without providing additional notice to You. Unless otherwise specified, such modifications will be effective and binding immediately upon posting. If You do not agree with any modifications that HYS may make to the Service and Storage Terms and Conditions, Your sole and exclusive remedy will be to terminate the Agreement within ten days of posting of any modification, at which time You shall immediately pay all amounts then due.

3) OWNER’S ASSURANCES, WARRANTIES AND REPRESENTATIONS. Owner warrants that it accepts and shall comply with all Terms and Conditions set forth herein, all rules that are or may be established by HYS, and all governmental laws, rules and regulations concerning the use, operation and maintenance of the Vessel, and that Owner’s failure to so comply may result in immediate termination of the Agreement by HYS. Owner warrants that, except with respect to the conditions covered by a Work Order with HYS, the Vessel (including its appurtenances and equipment) is in all respects seaworthy, complies with all governmental safety requirements, and is otherwise in a condition to be worked on, docked, moored and/or stored safely at HYS. Owner confirms that the contact information provided on the face of the Agreement is the correct information at which HYS can best reach OWNER

4) PAYMENT AND LIEN. Payment in full is due Upon Receipt of each invoice provided by HYS. Upon request, Owner shall provide credit card information to be kept on file and authorizes HYS to charge the card as needed for outstanding invoices past due by more than 45 days. If Owner fails to pay invoice when due, HYS shall have the option to charge interest on the amount overdue from its original due date at a rate of the lesser of 1-1/2% per month or the maximum rate allowed by law. The Vessel shall not be removed from HYS’s facility until all amounts owed to HYS are paid in full, unless agreed in writing by HYS. HYS shall have a lien on the Vessel for all amounts owed under the Agreement.

5) OUTSIDE LABOR. Owner shall not permit any third party to work on the Vessel at HYS’s facility except with written permission of HYS and subject to all terms and conditions that HYS may establish.

6) INSURANCE. Owner shall maintain liability/protection & indemnity insurance in an amount acceptable to HYS and hull insurance for the full replacement value of the Vessel. Except in the case of gross negligence, recklessness, or intentional conduct of HYS, Owner’s insurance shall be the sole recourse for damage to, or loss of, the Vessel. Upon request, Owner shall provide HYS with proof of required insurance. 

7) ASSUMPTION OF RISK AND LIMITATION OF LIABILITY DAMAGES. Owner accepts HYS’s facility “As Is” and HYS assumes no responsibility for and shall not be liable for thecare, protection, or security of the Vessel, Owner, or Owner’s agents or guests. It is understood and agreed that Owner is not entrusting the Vessel to HYS for safekeeping and that theAgreement shall not create or constitute a bailment. HYS shall not be liable for any personal injury or property damage or destruction (including damage to, or loss of, the Vessel) unless HYS’s gross negligence, recklessness, or intentional conduct is the sole cause of the injury, damage, or loss. HYS SHALL IN NO EVENT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOSS OF USE OF THE VESSEL.

8) ENVIRONMENTAL. Owner shall not release or permit to be released, any hazardous or toxic waste or substance, including oil, gasoline or untreated sewage. Owner shall be responsiblefor the prompt cleanup of all such substances and reporting any such release to HYS and all appropriate governmental authorities. If HYS is not satisfied with Owner’s actions in reporting and cleaning up a release, HYS may, but is not obligated to, take any action it deems necessary regarding the release, at Owner’s expense. This provision is in addition to, and not in lieu of, the indemnity provision set forth herein. 

9) ADDITIONAL CHARGES. In addition to any charges directly for service or storage, HYS may assess charges for general environmental compliance and consumables used in connectionwith work performed by HYS for all customers. Such charges will be based on a percentage of the service or storage charges and listed on any estimates, work orders, or invoices provided to You. 

10) INDEMNIFICATION AND GUARANTY. Owner shall defend, indemnify, and hold harmless HYS from and against any and all claims, penalties, fines, liabilities, or damages asserted against, charged to, or imposed upon HYS as a result of any claimed or actual act or omission of Owner or the Vessel, or breach of the Agreement. This obligation shall survive the termination of the Agreement. If Owner is an entity, then Owner’s financial obligations to Hinckley are personally guaranteed by every principal, member or beneficial owner of Owner. The person signing the Agreement for Owner represents and warrants that he or she has actual authority to bind all principals, members, and beneficial owners to their guarantor obligations.

11) GENERAL APPLICABILITY. Owner acknowledges and agrees that the nature of HYS’s business is such that verbal, FAX, and email work requests and modifications to Work Orders are common and appropriate for expediting completion of a project. Therefore, verbal, FAX, and email work requests by Owner will be duly authorized as though signed by theOwner. To the extent HYS provides any work, materials, services, or benefits at any time that are not the subject of a specific written Agreement, these Terms and Conditions shall apply to the provision of such work, materials, services, or benefits. 

12) DISPUTES. HYS and Owner shall make reasonable efforts to resolve disputes informally and shall not disparage each other publicly. Any lawsuit relating to or arising out of the Agreement shall be commenced exclusively in the federal or state court in the county or district encompassing the HYS facility where HYS is to perform under the Agreement, except that HYS may also commence a lawsuit in any jurisdiction and venue where Owner resides or has its principal place of business or where the Vessel is then located. HYS may recover all reasonable costs and legal fees incurred to successfully prosecute or defend any lawsuit arising out of or relating to the Agreement. 

13) HOLDOVER/ABANDONMENT. The Vessel shall be removed from HYS’s facility within ten (10) days of completion of any project or, in the case of an Agreement for dockage/mooring/storage, upon the end of the agreed dockage/mooring/storage period. Thereafter, Owner shall pay HYS’s daily dockage/mooring/storage rate. Any Vessel remaining at HYS’s facility for more than thirty (30) days after completion of the project or the end of the dockage/mooring/storage period may be deemed abandoned and be sold by HYS.

14) NO ASSIGNMENT. Owner shall not assign or transfer its rights or obligations under the Agreement without prior written consent of HYS. 

15) ADDITIONAL TERMS PERTAINING TO ESTIMATES AND WORK ORDERS. a.Estimates and Scope of Work. Unless specifically noted on an Estimate or Work Order, all prices set forth therein are estimates only. Every Work Order authorized by Owner shall mean that the Owner intends to have HYS do and supply all work, labor and materials necessary and proper to carry out the project contemplated by the Work Order within a reasonable time and Owner agrees to pay all final charges for the project.

b.LIMITED WARRANTY and WARRANTY DISCLAIMER. For a period of six months from the delivery of the Vessel to Owner upon completion of the project, HYS warrants that all work performed by HYS shall be completed in a workmanlike manner and materials manufactured directly by HYS shall be free of defects. HYS’s sole warranty obligation islimited to either, at the sole election of HYS, the repair or replacement of warranted materials and remediation of faulty workmanship by HYS at a HYS facility or by a third party selected by HYS. This warranty does not cover: (i) normal wear and tear, (ii) damage or defects arising from any casualty, misuse, abuse, neglect or unauthorized repairs, (iii)calibration adjustment or compensation of any instrument, (iv) minor cosmetic items, (v) racing performance, or (vi) delivery costs. Owner’s sole and exclusive remedy with respect to materials, equipment and inventory manufactured or supplied by a third party is the warranties, if any, provided by those manufacturers and suppliers, subject to all terms, conditions and limitations of such warranties. Any claim under this warranty must be made by Owner in writing to HYS within ten days of discovery of a claimed breach, but inno event later than seven months from the date of delivery of the Vessel to Owner. No payments will be made to third parties for warranty repairs or replacements unless approvedin advance in writing by HYS. EXCEPT AS EXPRESSLY SET FORTH HEREIN, HYS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

16) ADDITIONAL TERMS PERTAINING TO AGREEMENTS FOR DOCKAGE/MOORING/STORAGE. a.License. The Agreement is for the license of wet or dry storage space only and does not constitute a lease or tenancy of any kind. HYS shall have the right, but not the obligation, to move the Vessel to another space, slip, or mooring at its facility at any time for any reason. 

b.Electric and Water. Owner shall use all extension and power cords and pedestals at Owner’s sole risk and HYS shall be exempt from any liability for damages caused to persons orproperty as a result. HYS is not responsible for damages resulting from or associated with the use of its shore power posts or cords. Electricity is to be used for light and minor appliances and not for heating, air conditioning or large freezers. All boats connected to dockside water must have water pressure regulators and gauges at the dock end of the faucet. Water availability at HYS’s northern Boat Yards shall be available from May 1st though October 31st or such other dates as HYS may determine in its sole discretion based upon weather conditions. 

c.Emergencies, Hurricanes or Other Acts of God. Owner shall be responsible for making suitable arrangements for safe, sheltered anchorage during storms or hurricanes. Owner warrants such arrangements have or will be made. Owner may not assume that HYS’s facility will be a safe, sheltered anchorage during storms or hurricanes. HYS, in its sole discretion, is authorized (but not obligated) to do whatever HYS deems appropriate to attempt to protect the Vessel from adverse weather conditions, including moving or evacuating unattended boats at the Owner’s risk and expense. HYS’s UNDERTAKING TO MOVE OR EVACUATE BOATS SHALL NOT BE DEEMED AN ASSUMPTION OF RESPONSIBILITY FOR THE SAFETY, SECURTIY, OR CARE OF BOATS, NOR THE CREATION OF A BAILMENT. Owner assumes all risk of damage to, or loss of, the Vessel while at HYS’s facility, other than loss ordamage caused solely by gross negligence, recklessness, or intentional conduct of HYS.

Last updated: [07.30.2025]