Terms
Breeze Marine Boat Service LLC, a California limited liability company, 120 N Pacific Ave, San Pedro, CA 90731, (213) 693-0224, breezemarine.boatservice@gmail.com ("Breeze Marine", "we", "us", "our"). Please read these terms before you ask us for work. Asking for work, authorizing it or using this website means you accept them.
Nothing here takes away a right the law gives you. These terms do not waive or limit any right you have under the California Consumers Legal Remedies Act (Civil Code section 1750 and following), the Song-Beverly Consumer Warranty Act (Civil Code section 1790 and following), the vessel repair rules of the Harbors and Navigation Code (sections 410 to 418), or any other law that cannot be waived by agreement. Nothing here limits our liability for gross negligence, willful misconduct, fraud, personal injury or death caused by our negligence, or anything else California law, including Civil Code section 1668, does not allow to be limited. Where a sentence here would conflict with such a right, the law applies and the sentence does not.
1. Who we are and what these terms cover
1.1 We are a mobile marine mechanical service. Most work is done where your vessel is kept: at the slip, on its trailer or in dry storage. Some work is done at our San Pedro shop, for example an engine or a drive taken out for rebuilding.
1.2 These terms cover your use of servicesboats.com, including its accounts, tickets and forms; every request for service, inspection, a boat care plan, an estimate or a quote you send us; all diagnosis, repair, maintenance, installation, inspection, sea trial and plan work we do on a vessel, engine, drive, trailer or part; and parts and products ordered through this website.
1.3 Words used here. "Vessel" means the boat and its engines, drives, systems, equipment, trailer and tender. "Work" means any diagnosis, inspection, service, repair, maintenance, installation, sea trial or plan visit. An "estimate" is our written projection of the cost of work. An "authorization" is your approval of specific work with a ceiling, called the "not-to-exceed amount". "In writing" includes email, text messages and approvals recorded in our system. "Including" means including without limitation.
1.4 Which document applies. Where documents say different things, this order applies, each on the points it covers: first, the written contract or purchase order of a public agency or business that buys from us under its own terms; second, a document you sign for the work, which is our Master Service Agreement, a Work Authorization, a Change Order or a rental agreement; third, our Company Policies and Limited Warranty in the version in force on the date you authorized the work; fourth, these terms. A later document applies wherever an earlier one says nothing.
1.5 The Master Service Agreement. Before the first job for a new customer we usually ask you to sign our Master Service Agreement once. It holds the same rules as these terms, in contract form, with places for your initials, and each later job is authorized under it. You may ask us for a copy before you book. Where you have not signed it, these terms and our Company Policies and Limited Warranty govern the work you authorize.
1.6 Our Company Policies and Limited Warranty are published at office.servicesboats.com/policies and office.servicesboats.com/warranty, with every earlier version. The version that applies to a job is the one in force on the date you authorized it.
1.7 These terms are also published in Polish for convenience. If the two versions differ, the English version applies.
2. Using this website
2.1 Articles, guides, checklists, answers to questions and the labor estimates on service pages are general information. They are not a diagnosis of your vessel and not advice to do any work yourself. Fuel, exhaust, electrical and cooling systems can cause fire, explosion, carbon monoxide poisoning, sinking and injury. Work you do yourself, or have someone else do, is at your own risk.
2.2 Prices, labor estimates, pictures and descriptions on this website are a guide to what we do and what it usually costs. The written estimate for your vessel is the quote. Pictures show the kind of work described; they are not necessarily photographs of our own jobs or of your vessel.
2.3 Your account. Give us accurate details and keep them up to date, keep your password to yourself, and tell us at once if you think someone else has used your account. You are responsible for what is done under your account. We may suspend an account that is used against these terms.
2.4 Tickets and messages. A ticket, a booking request or a message is a request, not a contract. We may decline any job. Never send card numbers, bank details or passwords in a ticket, a form or a message.
2.5 Fair use. Do not use this website for anything unlawful; do not try to reach accounts, tickets or data that are not yours; do not scrape it, overload it, probe its security or send it harmful code; do not give false details or pretend to be someone else.
2.6 Reviews and questions. What you post must be your own honest experience or question. Do not post anything unlawful, abusive or threatening, or anyone's private information. You allow us to show what you post on this website and to quote it with your name or initials. We remove a post only if it breaks these rules, never because it is critical of us. Nothing in these terms limits what you may say about us in an honest review (Civil Code section 1670.8; Consumer Review Fairness Act, 15 U.S.C. section 45b).
2.7 The text, photographs, designs and logos on this website belong to us or to those who licensed them to us. You may read, print and share pages for your own use; copying them for any other purpose needs our written permission.
2.8 Links to other websites are for convenience. We do not control those websites and are not responsible for them.
2.9 We work to keep this website accurate and available, and we cannot promise that it will always be either. We may change or remove any part of it at any time.
2.10 This website is not directed to children under 13. Bookings, plans and orders are for adults who can make a binding agreement.
3. Prices and how charges are worked out
3.1 Book charges nothing. Book and Submit a ticket send us a request; nothing is charged online for a service. You pay for work under an estimate you have authorized, as set out in section 10.
3.2 Labor is $150 an hour per technician, charged in quarter-hour increments, unless your estimate states otherwise. When two technicians work on the vessel at the same time, each one's time is charged: one hour of work by two technicians is two hours of labor ($300). The number of technicians is stated on your estimate before you authorize the work and itemized on the invoice. The work of a visit, labor, parts and materials together after any discount, is billed at no less than $150; the trip fee (3.5) is on top.
3.3 The labor estimates on service pages ("usually 1 to 2 hours") are typical times for a boat up to about 30 feet with one engine. They are not a quote; the written estimate for your vessel is.
3.4 Work outside our normal hours, on holidays or as an emergency call-out may be charged at a higher rate. Any such rate is stated on your estimate before you authorize the work.
3.5 Trip fee. For work at your vessel we charge one trip fee for each visit, set by the distance one way from our shop at 120 N Pacific Ave, San Pedro:
- San Pedro: $30
- Wilmington, Terminal Island: $40
- Long Beach (Shoreline, Rainbow Harbor): $50
- Long Beach Marina, Alamitos Bay: $60
- Redondo Beach: $60
- Seal Beach, Huntington Harbour: $75
- Marina del Rey: $85
- Newport Beach: $110
- Farther away: $25 plus $2.50 a mile, one way
3.6 The trip fee is the whole charge for the drive. There is no charge for the drive back and no separate charge for drive time. Time spent waiting at the vessel is different and is covered in section 4.6.
3.7 There is no trip fee when the vessel or the part is brought to our shop. Boat care plan members pay no trip fee for any visit while the plan is active and not paused: checkups, the yearly recheck and repairs (section 19.6).
3.8 A job that needs more than one visit, for example to fit a part that had to be ordered, has a trip fee for each visit. The number of visits we expect is shown on your estimate. An inspection that starts a boat care plan has one trip fee, however many visits it takes.
3.9 A diagnosis is at least $300 for each engine, and $300 for the electrical system: the tests it takes, and a written record emailed to you, with an estimate if you want one. A diagnosis that takes longer is charged as labor at the hourly rate. Your estimate states the diagnostic fee. See section 6.
3.10 Bottom painting is $55 a foot of the boat's length overall, paint included, for a trailer boat up to 26 feet at our shop. That covers washing, scraping, light sanding and two coats of ablative antifouling paint. Bigger boats, and boats in the water with the boatyard's haul-out, get a written quote. Removing old paint, blister repair, a barrier coat, and zinc, propeller and shaft work are quoted separately. Length is the length overall shown on the vessel's documents, or as we measure it.
3.11 Inspections that start a boat care plan are priced by the hours they take at our labor rate: $1,500 for a boat up to 25 feet with one engine; $1,800 for 26 to 30 feet; $2,250 for 31 to 35 feet; $2,700 for 36 to 40 feet; $3,600 for 41 to 50 feet; $450 for each extra engine; boats over 50 feet are quoted. An inspection of one system for a plan on that system alone costs $600 for the engines plus $450 for each extra engine, or $450 for electrical and electronics ($750 on boats over 30 feet). An inspection of the drives alone is done out of the water: we take the boat to a launch ramp and onto our trailer, for $750 for a boat up to 30 feet or $900 for 31 to 35 feet, plus $300 a drive, the launch ramp fee included; drives on bigger boats are quoted. Oil analysis is included. A haul-out to see the hull below the waterline is the yard's charge. Away from our shop an inspection has one trip fee (section 3.8); a drives inspection has none, because the trip to the launch ramp is in its price.
3.12 Parts and materials are charged at our price. Each part is identified on the invoice as new, rebuilt, reconditioned or used.
3.13 Sales tax applies to parts and materials. Repair labor that is stated separately is generally not taxable in California. The invoice shows labor, parts and tax separately.
3.14 Charges made by others, such as haul-out, crane, travel lift, launch, marina, yard, pump-out, towing, diver and machine shop charges, are yours. You pay them directly, or we pass them on at what they cost us, itemized on the invoice. We tell you before we commit you to one.
3.15 We capture the oil, filters, coolant, fuel and other fluids we remove and dispose of them as California law requires. Disposal is charged at what it costs us and itemized on the invoice.
3.16 Prices on this website may change at any time. The price that applies to your work is the one on the written estimate you authorized, which holds for 30 days (section 5.7).
4. Booking, appointments and access
4.1 After you send a ticket we reply with any questions about the vessel and the job, then agree the work and a time for the visit with you.
4.2 Appointment times are windows, not exact times. We may move an appointment because of weather, sea state, tide, a safety concern or a vessel that is not accessible or not ready. We tell you as early as we can, and there is no charge when we are the ones moving it.
4.3 Please give us at least 24 hours' notice to cancel or move an appointment. With less notice we may charge the trip fee and the time reserved for you, because the slot cannot be filled.
4.4 If we arrive at the agreed time and cannot work because the vessel is not where you told us, the marina or yard will not let us in, or the vessel is not ready as agreed (for example still in the water when it was to be hauled, or with flat batteries you said were charged), the visit is charged like a late cancellation: the trip fee and the time spent.
4.5 You arrange our access to the vessel: marina, yard or storage admission, gate codes, keys, vendor registration, and any yard fee or certificate of insurance the facility asks for. Tell us in advance if a facility needs our certificate of insurance and we will send it. Marina, yard, lift and gate charges are yours.
4.6 Time spent waiting for access, for the vessel to be made available, or for you, is charged at the labor rate. We tell you when we are being kept waiting rather than let it add up silently.
4.7 We are not liable for delay caused by weather, tide, sea state, marina or yard restrictions, haul-out scheduling, parts availability, supplier or shipping delay, illness, utility failure, government action or any other cause beyond our reasonable control. Completion dates are estimates, not promises.
4.8 While we work, please do not start engines, run systems or move the vessel without agreeing it with us first, and keep children and pets clear of the work area.
5. Estimates and authorization
5.1 An estimate is our good-faith projection of the cost, based on the condition we could see at the time. It is not a fixed price and not a promise that nothing else will be found. Marine work often reveals conditions that cannot be seen until a part is opened or removed.
5.2 Nothing starts without an authorization. We do not begin work, and we do not order parts, until you have authorized the specific work in writing with a not-to-exceed amount. For any job of $100 or more you receive a written estimate for labor and parts first, as the Harbors and Navigation Code requires.
5.3 A reply counts. When we send you a priced estimate or a change order and you answer "yes", "approved", "go ahead" or the like from the phone number or email address on your file, that reply is your written authorization of that estimate and its ceiling, exactly as if you had signed it (Civil Code section 1633.7). We keep the message with the job. If you would rather sign on paper each time, tell us.
5.4 If you authorize work by telephone, we record who authorized it, the date and time, the number called, the work and the ceiling, print that record on the work order and the invoice, and send it to you the same day. If it does not match your understanding, tell us before we start. You agree that this record is evidence of your authorization.
5.5 We do not go over the not-to-exceed amount without your further authorization. If the work is going to run more than 10% over the estimate, we stop and tell you before we get there, not afterwards.
5.6 If we need your authorization and cannot reach you, we stop. Labor, parts and trip fees already incurred remain payable.
5.7 An estimate holds for 30 days. After that, or if a supplier changes the price of a part before it is ordered, we price it again and you approve the new figure before we go ahead. Nothing is charged at a higher price you have not agreed.
5.8 Any change to the scope, price or schedule of the work is made by a change order in writing. No course of dealing, oral statement or earlier relaxation of this rule waives it.
5.9 Two narrow exceptions. Without a further authorization we may do the minimum work needed to make the vessel safe or to prevent immediate further damage, for example stopping water coming in, and we tell you at once; and we may do work you have already authorized in writing as contingent, within its own ceiling.
5.10 Who may authorize. By authorizing work you confirm that you own the vessel or are authorized by its owner to order the work, to bind the owner and to let us board, service and, where needed, operate the vessel. You cover us against any claim, loss or expense that arises if you did not have that authority.
5.11 The person who orders or authorizes work is personally responsible for paying for it, together with the vessel's owner, whether or not that person holds title to the vessel. A person ordering work for a company or for someone else is also personally responsible for payment, unless we have agreed otherwise in writing.
6. Diagnosis and inspections
6.1 Diagnosis is work. Time spent finding a fault, including testing, tracing and taking things apart to see, is charged whether or not you then go ahead with the repair, whether or not the repair succeeds, and whether or not the fault turns out to be in the part we were asked to look at. You are paying for time and expertise, not a guaranteed outcome.
6.2 An intermittent fault may not show itself during a visit. The time spent is still charged, and we may ask to come back when the fault is present.
6.3 We give you a written statement of what we found on every diagnostic visit.
6.4 If you decline a repair after we have taken something apart to find the fault, we put it back together, charged at the labor rate, and return it as we found it, which may mean not working. We note in writing that it was returned unrepaired at your decision. If you prefer, we leave it apart, with the parts bagged and labeled, at no reassembly charge.
6.5 A Mechanical Condition Inspection reports what we found, on the day, in the systems we were asked to inspect and could reach without dismantling anything. It is an honest opinion of condition at that moment. It is not a marine survey, not a valuation and not a promise about how long anything will last.
6.6 Anything not listed in an inspection report was not inspected. Hidden conditions, inside an engine, behind a bulkhead or below the waterline while the vessel is afloat, may not be visible without dismantling, which is separate work you would authorize.
6.7 Readings such as compression, leak-down, oil analysis and battery tests describe condition on the day they are taken. They indicate condition; they do not guarantee future life.
6.8 If you are buying a vessel, our report is one input. Your lender or insurer may require a survey by an accredited marine surveyor, and we recommend one. A report is written for the customer who ordered it; anyone else who relies on it does so only if we have agreed that in writing.
6.9 We are marine mechanics, not marine surveyors. We do not give a general inspection or survey of a vessel unless you have authorized an inspection, and then only of the systems it lists.
7. The condition your vessel is already in
7.1 We accept the vessel for work in the condition we find it. We are not responsible for, and give no opinion on, any condition that existed before our work began, including prior repairs, corrosion, deterioration, water intrusion, neglected or deferred maintenance, poor earlier workmanship and latent defects, whether or not anyone noticed them.
7.2 Before we start we record the condition of the areas we will work on. That record can include photographs and video, the engine hour meter reading, warning lights and alarms, fluid levels and condition, visible leaks, signs of earlier repairs or missing parts, and, where relevant, compression or leak-down readings. You agree that this record and its photographs fairly show the vessel's condition at that time.
7.3 Your description of the problem helps us, but it is not a test. A statement that the vessel "ran perfectly before" cannot be checked by us; we work from what we find and what we test. A fault is not ours because it was not noticed or not mentioned before our work.
7.4 More than one fault at a time. An engine, a drive or a system can have several faults at once, and one fault can hide another. Correcting one fault can make another that already existed noticeable or louder. For example: after a carburetor is cleaned or adjusted, or the ignition timing is set correctly, an engine that ran rough or slow can rev and take load properly for the first time and reveal a worn bearing, a weak cylinder, a slipping clutch, a cooling restriction, valve noise or a vibration that was there all along; once a fuel delivery fault is cured, an engine may run long enough at full load to show an overheating or charging fault; a new impeller pumping full flow can expose a weeping hose or a corroded fitting. These are existing conditions, not damage caused by our work. We report them and quote them as further work.
7.5 Old parts break when they are touched. On a boat, bolts and studs corrode in place, fittings seize, and plastic connectors and hoses go brittle. A part that was already corroded, seized or deteriorated can break when it is worked on, however carefully. That is the condition of the part, not damage we caused. Extracting a broken fastener and replacing the part is chargeable work, and we tell you when it happens, before going further. This does not cover a part broken through our own carelessness.
7.6 A vessel that has been laid up often shows new faults once it runs again: a fuel pump that has dried out, a seal that has hardened, a battery that will not hold a charge. Those come from the lay-up, not from our work, and we tell you as we find them.
7.7 We are engaged only for the systems and components named in your authorization. We are not responsible for the condition of any system, component or area outside it, or for a failure elsewhere in a system our work did not touch.
7.8 Where a condition we can see is likely to make our work fail, we tell you before we start. If you ask us to go ahead anyway, section 8 applies.
7.9 Tell us what you know. Before we start, tell us about earlier work on the systems concerned, anyone else who has worked on them, known leaks, water coming in, overheating, groundings, propeller strikes, fuel contamination, alarms, and anything else that could be dangerous. Information withheld or incorrect affects the warranty and what we can be responsible for.
8. Declined work, your instructions and our right to withdraw
8.1 Recommendations are recorded. When we recommend a repair, a replacement part or further diagnosis and you decline or defer it, we record the recommendation, the reason for it, the date and your decision, and print that record on the work order and the invoice. We ask you to acknowledge it. If you do not, we note that, and the record stands as our business record of the conversation.
WORK THAT WE RECOMMENDED AND YOU DECLINED OR DEFERRED IS ENTIRELY AT YOUR RISK. WE GIVE NO WARRANTY AND ACCEPT NO LIABILITY FOR ANY FAILURE, DAMAGE, DELAY, LOSS OF USE, TOWING, SALVAGE OR OTHER LOSS THAT ARISES FROM OR IS CONTRIBUTED TO BY A DECLINED OR DEFERRED RECOMMENDATION, INCLUDING THE FAILURE OF ANY OTHER COMPONENT THE DECLINED WORK WOULD HAVE PROTECTED, AND ANY REPAIR WE DID CARRY OUT WHOSE RESULT DEPENDED ON THE DECLINED WORK.
8.2 Work carried out the way you instructed after we advised against it in writing, and any repair you asked us to limit to less than we recommended, carries no warranty for the result.
8.3 We may withdraw. We may stop or withdraw from all or part of the work, without liability to you, where in our reasonable professional judgment the work you authorized will not correct the fault, or will not correct it durably, because a necessary repair or part has been declined; going on would create an unsafe condition or risk further damage to the vessel; you direct us to use a method, part or specification we consider unsuitable, contrary to the manufacturer's requirements or contrary to good marine practice; or going on would expose us to liability for a result we have told you we cannot stand behind.
8.4 If we withdraw, we tell you in writing and why, and leave the vessel in the safest condition reasonably achievable. We are not obliged to complete work we have advised against, and withdrawing on these grounds is not a breach of our agreement.
8.5 If we withdraw under this section, or you end the work before it is complete, you owe us: labor, diagnostic time, trip fees and waiting time actually incurred up to that point; parts and materials already installed or used; the cost of any part ordered for your vessel that the supplier will not take back, and any restocking fee actually charged on a part that is returned; and any charge by others already incurred for you. These amounts pay for services and goods actually provided; they are not a penalty.
8.6 Any part of a deposit above the amounts in section 8.5 is refunded to you within 15 days.
8.7 Unsafe to operate. If we tell you in writing that the vessel is unsafe to operate until a repair is made, and it is operated anyway, the consequences are not ours.
8.8 Nothing in this section requires us to withdraw. We may instead continue with the work you authorized, on these terms and subject to section 8.1.
9. Parts
9.1 Parts we supply are charged at our price and identified on the invoice as new, rebuilt, reconditioned or used. They carry the manufacturer's warranty, which we pass on to you and help you claim under. Our own warranty on parts is limited to that pass-through (section 14.2).
9.2 A part ordered specially for your vessel is generally not returnable to the supplier. Once ordered, it is chargeable whether or not you go ahead. We tell you before ordering when this applies.
9.3 Where a supplier charges a restocking fee to take a part back, that fee is passed on to you.
9.4 Where a part carries a core charge, the charge is refunded when the old unit is returned to the supplier in a condition it accepts. If the supplier refuses it, the charge stands.
9.5 Where the part we specified is unavailable, we may fit an equivalent part from another maker that meets the manufacturer's specification, if the price is not higher. Otherwise we ask you first.
9.6 Parts you supply. We fit a part you supply if it is correct and serviceable, and we may decline one that is not.
PARTS AND MATERIALS YOU SUPPLY ARE FITTED ENTIRELY AT YOUR RISK. WE GIVE NO WARRANTY OF ANY KIND ON THEM AND NO WARRANTY ON THE LABOR TO FIT THEM, BECAUSE WE CANNOT STAND BEHIND A PART WE DID NOT SELECT OR SOURCE. ANY WORK MADE NECESSARY BY THE FAILURE OF A PART YOU SUPPLIED IS CHARGED AT OUR STANDARD RATES, INCLUDING THE TRIP FEE.
9.7 You cover us against any claim, loss or damage that arises from a part or material you supplied.
9.8 Parts we remove are yours. We keep them for 14 days after the invoice for you to inspect or collect, unless a core has to go back to the supplier or you ask us in writing to keep them longer. After that they are recycled or disposed of lawfully. If you want replaced parts shown to you or returned, please ask when you authorize the work.
10. Deposits, payment and collection
10.1 A deposit is due before work is scheduled or parts are ordered: 100% of the parts, materials and the sales tax on them, and 50% of the labor and trip fees. It is applied in full to your invoice.
10.2 If you cancel before work begins, the deposit is refunded less the cost of parts already ordered for your vessel that cannot be returned, and any restocking fee actually charged.
PAYMENT IN FULL IS DUE WHEN THE WORK IS COMPLETE AND BEFORE REMOVED COMPONENTS ARE REFITTED, THE ENGINE IS RESTARTED FOR SERVICE, OR THE VESSEL IS LAUNCHED OR RETURNED TO SERVICE. WE MAY HOLD BACK FINAL RECOMMISSIONING UNTIL PAYMENT HAS BEEN RECEIVED AND HAS CLEARED.
10.3 Payment is due on the terms stated on the invoice. We accept the payment methods listed on the invoice and no others.
10.4 A payment counts as made only when the money is posted and available in our account. A confirmation screen, a screenshot, a notification email, a "pending" or "sent" status, or a check that has not finally paid is not payment.
10.5 We will never ask you to pay into an account other than the one printed on your invoice. If a message that seems to come from us asks you to pay somewhere else, call us at (213) 693-0224 before you act on it.
10.6 Balances unpaid more than 30 days after the due date carry a service charge of 1% per month (12% a year), or the highest rate the law allows if that is lower. It covers the actual cost of carrying and collecting an unpaid balance and is not a penalty.
10.7 A check or electronic payment returned unpaid carries the service charge Civil Code section 1719 allows (currently $25 for the first returned item and $35 for each later one), together with any statutory damages that section allows after the written demand it requires.
10.8 Questions about an invoice. Tell us in writing within 10 days of the invoice date. While a good-faith written dispute is being worked out, no late charge applies to the disputed part.
10.9 Before you start a chargeback, payment dispute or reversal with your bank or card issuer, please tell us in writing and allow us 10 days to put the matter right. By authorizing payment you confirm that the work on the invoice was performed. A reversed or charged-back payment is owed again as if it had not been made, and we give your card issuer the signed authorization, the photographs and the invoice for the work. We may recover our reasonable costs of answering a dispute found to be without merit. None of this limits any right you have with your card issuer.
10.10 A refund or overpayment is returned only to the original payment method, and not earlier than 30 days after the original payment has finally cleared.
10.11 While an invoice is past due we may decline new work, or ask for payment in full before new work starts. This never holds back a warranty repair on work already paid for.
10.12 We may pause or stop work, and charge for the work done and parts obtained up to that point, if a deposit or payment due is not made. A vessel or part left dismantled because of a stop for non-payment stays at your risk until the account is brought up to date.
10.13 Insurance and warranty companies. We are glad to work on a repair your insurer or an extended warranty company is paying for, and to send them our findings, photographs and invoice. Their decision is between you and them. You remain responsible for our invoice whether or not they pay it, and anything they pay us is credited to you. Tell us before the work starts if a claim is involved, so the photographs they will want are taken before anything is dismantled.
10.14 In any proceeding to collect an unpaid balance, section 23.6 on legal costs applies.
11. Liens and transfers
11.1 The services, parts and materials we furnish to a vessel are necessaries under the Commercial Instruments and Maritime Liens Act, and give rise to a maritime lien on the vessel for the amounts due (46 U.S.C. sections 31341 to 31343), wherever the work was done and whether or not we hold the vessel. We may record a Notice of Claim of Lien with the United States Coast Guard National Vessel Documentation Center.
11.2 Under California law, a person who repairs, improves or stores personal property in their possession has a lien on it for the charges and may keep it until paid (Civil Code section 3051). That applies to a vessel or part at our facility. If it is left unclaimed and unpaid, we may enforce that lien as California law allows, including by a lien sale, and only after every written notice the law requires has been given to you.
11.3 While a balance is outstanding, please do not sell, transfer, mortgage or permanently remove the vessel from California without first telling us and disclosing the balance to the buyer, transferee or lender.
11.4 We always try to settle an unpaid invoice with you directly first, and we tell you in writing before we take any step to enforce a lien.
12. Work at our facility, storage and abandoned property
12.1 We take custody of a vessel only when we agree that in writing. Where we do, or where an engine, drive or other part is at our facility, it is kept secured, and we are responsible for loss or damage caused by our own negligence while it is in our care. Your own insurance on the vessel stays in force and remains primary for everything else, such as fire, theft by others and storms.
12.2 When the work is finished we tell you in writing. The vessel or part is released when the invoice is paid. You arrange collection, towing or transport unless we have agreed to do it.
12.3 Storage is charged at $45 a day from the eighth day after our written notice that the work is complete, or from the later day stated in a document you signed. That is what holding the space costs us. We tell you in writing before storage charges start.
12.4 A vessel, engine, part or equipment left with us for more than 90 days after our completion notice, after written notice to your last known address, may be treated as abandoned and dealt with as the law permits, including the lien enforcement in section 11.2, with any proceeds applied to what you owe.
12.5 We are not responsible for cash, electronics, tenders, fishing gear, tools, canvas, personal effects or other loose property left aboard, whether lost by theft, fire, weather or otherwise. Please remove valuables before we attend or before the vessel comes to us.
13. Operating your vessel, sea trials and hand-back
13.1 By authorizing work you allow us and our technicians to board the vessel, start and run its engines and systems, move it within the marina where necessary, and operate it to perform, test and check the work. A sea trial is agreed with you in advance.
13.2 You confirm that the vessel is lawfully registered or documented and equipped as the law requires, and that your insurance is in force and covers operation by a repairer. Tell us if it does not.
YOU BEAR THE RISK OF LOSS OF OR DAMAGE TO THE VESSEL DURING STARTING, TESTING, SEA TRIALS AND MOVEMENT, EXCEPT TO THE EXTENT CAUSED BY OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. YOUR HULL AND LIABILITY INSURANCE REMAINS PRIMARY THROUGHOUT.
13.3 We may decline to start, operate or launch the vessel if, in our judgment, doing so would be unsafe.
13.4 Check the work at hand-back. Please look over the work when you get the vessel back and tell us within 10 days of anything you can see, such as a missing part, a mark or a leak. A visible defect not reported in that time is taken to have arisen after hand-back, unless you show otherwise. Hidden defects are covered by the Limited Warranty for its full period.
13.5 After hand-back, how the vessel is used, maintained, stored and operated is your responsibility. Operate it within the manufacturer's limits and keep up the maintenance the manufacturer requires.
13.6 After an engine or drive rebuild, or the fitting of major new components, follow the break-in procedure we give you in writing, including any limits on speed and load and the first oil or gear lube change. Failure to follow it ends the warranty on that work.
13.7 We do not warrant that the vessel is seaworthy or safe for any particular voyage or use. Deciding that the vessel is seaworthy and safe to operate remains at all times the responsibility of the owner and the operator.
14. Limited Warranty
14.1 Workmanship. We warrant our workmanship for 90 days from the date of the invoice for that work. If work we performed fails within that period because of the way we performed it, we re-perform it at our cost, parts and labor.
14.2 Parts carry the manufacturer's warranty, which we pass on to you and help you claim under. Where a manufacturer replaces a part under its warranty but does not pay for the labor to fit it, that labor is chargeable, because we are not paid for it either; we tell you before doing it.
14.3 The warranty covers work that has been paid for in full. A warranty repair is not held back while a good-faith written dispute about the invoice is being resolved.
14.4 How to make a claim. Tell us as soon as you notice a problem with our work, and in any case in writing within 7 days of discovering it and within the warranty period, by phone at (213) 693-0224 or by email to breezemarine.boatservice@gmail.com.
14.5 Tell us first. Give us a reasonable opportunity to inspect the vessel before anyone else works on the system concerned. We ordinarily inspect within 5 business days. If someone else works on it before we have seen it, we cannot tell what failed or why, and the claim is not recoverable from us for that system.
14.6 Where a failure leaves the vessel unsafe or taking on water, make it safe first and tell us immediately afterwards. Nothing here asks you to leave a vessel in danger while you wait for us.
14.7 How a claim is checked. At each visit we record the engine hours and photograph our work. A claim is assessed by inspecting the vessel and from those records: hour meter readings, photographs, the condition of fluids and samples, witness marks, seals and fasteners, and the state of the parts. A statement that the vessel has hardly been used since our work is read against the hour meter.
14.8 Work by others ends the warranty. If the system we worked on shows that it has been opened, taken apart, adjusted, disconnected, modified or repaired by anyone other than us after our work, the warranty for that system ends, and with it our responsibility for any failure in it. Examples are a gearbox found partly disassembled, oil or cooler lines disconnected, fasteners, seals or witness marks disturbed, settings changed, or parts fitted that we did not fit.
14.9 If our inspection shows that a failure is not covered, the inspection is charged as diagnostic time, with the trip fee.
14.10 A warranty repair is covered for the rest of the original warranty period; it does not start a new one.
14.11 The warranty does not cover:
- normal wear, and any component at the end of its service life;
- conditions that existed before our work and the results of deferred maintenance, including any condition we recorded or reported to you;
- work you declined or deferred, failures related to it, and work done your way after we advised against it in writing (section 8);
- work by anyone else on the system concerned after our work or while our job was open (section 14.8);
- parts you supplied and the labor to fit them;
- damage from grounding, collision, impact or propeller and lower unit strikes, storm, freezing, fire, theft, vandalism, sinking, flooding or submersion;
- misuse, racing, overloading, over-revving, operation outside the manufacturer's limits, operation with a known fault, warning light or alarm, and operation after our written warning that the vessel was unsafe;
- water drawn into an engine, for example through the exhaust or after swamping, and overheating caused by a blocked intake, weed, debris, a plastic bag, running aground or running without a cooling water supply;
- contaminated, stale or wrong fuel or oil, including ethanol phase separation, and marine growth;
- maintenance not kept up after our work, such as oil and filter changes, impellers, gear lube and anodes at the manufacturer's intervals, and failure to follow a break-in procedure we gave you;
- corrosion, electrolysis and galvanic damage, unless directly caused by our work;
- a part that was already corroded, seized or deteriorated and broke when worked on, and faults that appear when a laid-up vessel runs again (section 7);
- faults in equipment or wiring added or changed by others after our work, and damage in trailer transport;
- areas concealed from view or not reasonably accessible that were not part of our work;
- for bottom painting, fouling: how fast growth returns depends on the paint, the water, how often the boat is used and how long since it was painted. The warranty covers paint that peels or fails to stick because of our preparation or application;
- haul-out, launch, lift, transport, towing, dockage, storage and trip fees connected with a warranty claim, and loss of use, except where the law does not allow this exclusion.
14.12 The remedy. At our choice, we re-perform the work concerned or refund what you paid for it. That is the remedy under this warranty, and our total liability under it does not exceed what you paid for the work concerned. The limits in section 15 apply even if this remedy is found to have failed of its essential purpose.
NO EMPLOYEE, TECHNICIAN OR AGENT OF BREEZE MARINE MAY GIVE ANY ORAL WARRANTY, GUARANTEE OR ASSURANCE. NOTHING SAID IN CONVERSATION, BY TEXT MESSAGE OR ON AN INVOICE CREATES A WARRANTY BEYOND THE ONE WRITTEN IN THIS SECTION.
EXCEPT FOR THIS LIMITED WARRANTY, AND TO THE FULLEST EXTENT CALIFORNIA LAW ALLOWS, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY FROM COURSE OF DEALING OR USAGE OF TRADE.
14.13 Any claim under this warranty must be brought within 12 months of the invoice date, except where a longer period is required by law and cannot be shortened by agreement.
14.14 This warranty is in addition to your rights under California law and does not replace them. Where a disclaimer here could not lawfully apply to you, it applies only as far as the law allows.
15. Our responsibility and its limits
15.1 We are responsible for our own negligence and for failing to do the work we agreed to do, and we carry marine general liability insurance for that.
EXCEPT WHERE THE LAW DOES NOT ALLOW IT, OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO ANY JOB, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY OR ANY OTHER THEORY, IS LIMITED TO THE AMOUNT YOU PAID US FOR THE WORK THAT GAVE RISE TO THE CLAIM.
TO THE FULLEST EXTENT THE LAW ALLOWS, WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSSES, INCLUDING: TOWING, SALVAGE OR ASSISTANCE CHARGES; HAUL-OUT, LAUNCH, LIFT OR TRANSPORT COSTS; DOCKAGE, SLIP, MOORING OR STORAGE FEES; LOSS OF USE OF THE VESSEL; LOST CHARTER, GUIDE, TOURNAMENT OR FISHING INCOME; LOST PROFITS; DIMINISHED VALUE OF THE VESSEL; TRAVEL, LODGING, MEALS OR MISSED TRIPS AND EVENTS; RENTAL OR SUBSTITUTE VESSEL COSTS; AND INCONVENIENCE OR DISTRESS, WHETHER OR NOT WE WERE TOLD SUCH LOSSES WERE POSSIBLE.
15.2 These limits do not apply to liability for gross negligence, willful misconduct, fraud, personal injury or death caused by our negligence, or anything else that cannot be limited under California law, including Civil Code section 1668. We do not try to limit liability for those matters.
15.3 These limits are part of the bargain and are reflected in our rates. They apply to us and to our owners, employees, technicians, subcontractors and agents, and they bind you, your insurers and anyone claiming through you or them.
15.4 Your insurance. Keep hull and liability insurance on the vessel in force while we work on it, including while it is at our facility and during any sea trial. Your insurance is primary for loss of or damage to the vessel, its machinery, equipment and contents. Please ask your insurer to waive its rights of subrogation against us, and give us a certificate showing that waiver if we ask. Our insurance covers what we do; it is not insurance on your vessel.
15.5 If any part of this section is held unenforceable, it is reduced to the greatest limitation the law allows rather than struck out.
16. Claims caused by your side
16.1 You agree to cover us, including our owners, employees and subcontractors, against claims by anyone else, and against the loss, liability and reasonable legal costs they cause, to the extent they arise from: the condition of the vessel; how the vessel is operated, used or kept, including after we hand it back; parts or materials you supplied; information you gave us that was untrue; a hazard you knew of and did not tell us about; your lack of authority to order the work; your breach of these terms; or a requirement a marina, yard or facility imposes on us at your request.
16.2 This does not extend to anything caused by our own negligence, gross negligence or willful misconduct.
17. Safety, the environment and work we do not do
17.1 We may pause, decline or refuse to complete any work, and may refuse to start, launch or return the vessel to service, where in our reasonable judgment an unsafe condition exists, such as a fuel or gas leak, a carbon monoxide hazard, a failed thru-hull or seacock, an inoperative bilge pump, unsafe electrical work, a structural defect or unsafe access. We tell you why in writing and charge only for the time and materials up to that point.
17.2 An unsafe condition we point out that you decline or defer to correct is recorded in writing, and we are not responsible for what follows from it.
17.3 We use reasonable containment measures, including absorbent materials where fluids are handled. We do not pump oily bilge water overboard.
17.4 You are responsible for any discharge, spill or release caused by the condition of the vessel itself, such as leaking seals, failed fuel or oil systems, corroded tanks or fittings, an inoperative bilge pump or an oil-contaminated bilge, and for any cleanup cost, fine or penalty that results. You confirm that the bilge is free of fuel and oil when the work starts. If we find fuel or oil already in the bilge, a leak or contamination we did not cause, we stop the affected work and tell you; cleaning it up is yours, and we quote that work separately if you want us to do it.
17.5 Any discharge of oil into the water, however small, must be reported at once to the National Response Center at 1-800-424-8802, as federal law requires. Each of us will help the other make any report the law requires.
17.6 Work we do not carry out: diving operations (we refer you to a diver, who contracts with you directly); hot work in unsafe conditions, or any work where fuel vapor, an unvented bilge or the condition of the vessel makes it unsafe; structural, hull, rigging and stability work; marine surveys; and any work we consider unsafe or that would leave the vessel unsafe.
17.7 We are a registered California business. We are not a licensed contractor under the Contractors State License Law and do not do work that requires that license; our work is marine mechanical repair and maintenance.
18. Subcontractors and referrals
18.1 Where specialist work is needed, such as machining, propeller work, refrigerant handling or diving, we may engage a subcontractor or refer you directly. Where we engage one on your behalf, we remain your point of contact and responsible for their work. Where we refer you, your contract is with them, and their terms and insurance apply, not ours.
19. Boat care plans
19.1 What a plan is. A boat care plan is checkups on a schedule, a photo report after each, and member pricing on repairs. It is not insurance, not a warranty and not a promise that nothing will fail.
19.2 Joining. You join online on the plans page: you choose the plan, tell us about the boat and pay for the full inspection of the systems the plan will cover, priced as in section 3.11, with one trip fee where the boat is kept (none for a drives inspection), and we call you to book it. You may also apply with a ticket. You receive a written report with photographs and a written estimate for anything that needs work. Anything unsafe or close to failing must be fixed first, by us or by another shop and then checked by us. Our check of repairs made by another shop (the fix check) is $150, billed when its report is issued; when we make the repairs, checking them is part of that work. When the boat is in working order we certify it, and the plan starts when you accept the plan terms and make the first monthly payment. Nothing monthly is charged before then.
19.3 What a plan covers. A plan covers only the systems we inspected and certified, as listed on the certificate. A plan for one system (the engines, the drives, or electrical and electronics) covers that system alone.
19.4 Each plan includes what is listed for it on the plans page on the date you join, at the prices there. The prices are for boats up to 30 feet with one engine; bigger boats, twin engines and generators are priced after the inspection. Pro+ comes monthly or every 3 months. A plan for one system has its own prices on the plans page: for the engines, Basic, Premium or Pro+; for electrical and electronics, Basic or Pro+. A plan for the drives alone is Basic or Premium, checked out of the water at a launch ramp, every 6 months or once a year, at $750 a checkup for a boat up to 30 feet with one drive or $900 for 31 to 35 feet, the launch ramp fee included, and $85 more a checkup in Marina del Rey or $110 more in Newport Beach; bigger boats and twin drives are priced after the inspection.
19.5 Member pricing: 10%, 15% or 20% off our repair labor by plan, and 10% off the list price of parts we install. Member pricing applies to our own labor and parts, not to taxes or to charges made by others. A repair visit is still billed at no less than $150 for the work, at member prices (section 3.2).
19.6 No trip fee for members. While a plan is active and not paused (section 19.10), there is no trip fee for any visit to the vessel: checkups, the yearly recheck, and authorized repairs, whether they are done during a checkup or on a visit of their own.
19.7 Parts and repairs found at a checkup are quoted first, with photographs, and done only with your approval. You may give us a standing written approval, up to an amount you choose, for small wear items found at a checkup.
19.8 Keeping the certificate. A certified system stays on the certificate while it is kept in working order. If a checkup finds something unsafe or close to failing and you decline to fix it, that system comes off the certificate, and out of the plan, until it is fixed. If anyone else works on a certified system, it needs our recheck before it is back on the certificate.
19.9 Yearly recheck. Once a year we recheck the systems on the certificate and renew it. The recheck is priced by the length of the boat, the same for every plan: $300 up to 30 feet, $375 for 31 to 35 feet, $450 for 36 to 40 feet and $600 for 41 to 50 feet; over 50 feet it is quoted. It is billed when it is done.
19.10 Term and payment. A plan runs for 12 months and is paid monthly, in advance. If a payment is more than 30 days late, checkups and member pricing pause until the account is up to date.
19.11 Renewal. A plan renews automatically only if you agree to automatic renewal in writing when you join. If you do, we confirm the terms and how to cancel, remind you before each yearly renewal with the price and how to cancel, and you may cancel online or by email at any time, as California's automatic renewal law requires (Business and Professions Code section 17600 and following).
19.12 Ending a plan early. You may end a plan at any time by email or in writing; it ends at the end of the month already paid. The monthly payments spread the plan's checkups over the year, so on an early end we compare what you paid with the plan price of the checkups already carried out: if you received more checkups than you paid for, the difference is due; if you paid for checkups not carried out, we refund the difference.
19.13 We may end a plan by written notice if the account is more than 30 days past due, the vessel is sold, certified systems are no longer kept in working order, or we cannot safely reach or work on the vessel. Anything you paid for checkups not carried out is refunded.
19.14 Plan prices may change at renewal. We tell you at least 30 days before.
19.15 If you sell the vessel, please tell us. The plan ends on the sale, or moves to the new owner after our recheck if the new owner accepts these terms.
19.16 The rest of these terms, including the Limited Warranty and the limits in section 15, apply to plan work.
19.17 The inspection paid when you join. If you cancel before the inspection starts, we refund it in full to the card you paid with. Once it has started it is earned, whatever it finds, including when the boat cannot be certified or you decide not to go ahead with the plan. If the boat turns out to be longer, or to have more engines, than you told us, the price in section 3.11 for the actual boat applies, and we tell you the difference before we start. A missed or moved appointment is handled as in section 4. If we cannot do the inspection for a reason on our side, we refund it in full.
20. Rentals
20.1 Boat and trailer rentals are not repair work. Each rental is made under its own signed rental agreement, which sets out the deposit, who may operate, the insurance and what happens if anything is damaged. These terms apply to a rental only as to the use of this website.
21. Buying parts and products on this website
21.1 Where you buy a product through this website, the price and description are those shown at checkout. Your order is accepted when we confirm it by email.
21.2 We may decline or cancel an order, for example after a pricing error or when an item is no longer available, and refund anything paid.
21.3 Choosing the right part for your engine or vessel is your responsibility, unless we selected it for you. A part you fit yourself, or have fitted by someone else, is fitted at your own risk.
21.4 Products carry the manufacturer's warranty, which we help you claim under.
21.5 Returns. An item may be returned within 14 days of delivery if it is unused, in its original unopened packaging and with proof of purchase. A 15% restocking fee is deducted from the refund, and return shipping is at your cost unless we sent the wrong item.
21.6 Final sale, not returnable: special-order and made-to-order items; electrical and electronic parts once the packaging is opened; fluids, chemicals, paints and coatings; anything that has been installed or used; and clearance items.
21.7 A refund is made to the original payment method once the item is back with us and checked.
21.8 Defective items. Tell us within the manufacturer's warranty period and we arrange repair, replacement or a refund through that warranty. None of the return limits above applies to a defective item, and your rights under California law for defective goods are not affected.
22. Communications, records and privacy
22.1 We contact you by phone, text message and email about your vessel, estimates, authorizations, invoices and appointments. These are service messages about work you asked for, not marketing. You agree to receive them at the numbers and addresses you give us, and you may ask us to use a different channel at any time.
22.2 California requires the consent of everyone in a confidential conversation to record it (Penal Code section 632). We do not record telephone calls. If you wish to record a call with us, ask first and we will tell you whether we agree.
22.3 We photograph and video the vessel and the work before, during and after it. That record is ours and is kept as evidence of what we found and what we did. You agree that it may be used for any warranty claim, insurance claim, billing question or legal proceeding. We never publish a photograph that identifies you or your vessel without your permission.
22.4 Texts, emails and our file notes form part of the job record. Emails between you and us about your vessel are copied into your job file.
22.5 We do not sell personal information. What we collect, why, how long we keep it and your California privacy rights are set out in our Privacy Notice.
22.6 Agreements, authorizations, change orders and invoices may be signed and delivered electronically. An electronic signature has the same effect as a handwritten one, and electronic records are originals (the federal ESIGN Act and the California Uniform Electronic Transactions Act). You may ask for a paper copy at any time at no charge.
22.7 Notices. A written notice may be given by email to the address on your file or to breezemarine.boatservice@gmail.com, or by mail to the addresses in your agreement. An email notice is given when sent, unless the sender learns it was not delivered. Please keep your email address up to date with us: it is where your documents and notices go.
23. Complaints, disputes and time limits
23.1 If something is wrong, tell us within 10 days of the invoice or of noticing the problem, by phone or email. We arrange to inspect, ordinarily within 5 business days, and put right at our cost anything that is our fault. If we disagree that it is ours, we say so in writing, explain why and tell you what we are prepared to do.
23.2 Before starting any legal proceeding, the party complaining gives the other written notice describing the problem and the resolution sought, and allows 30 days to resolve it. We may ask for a reasonable opportunity to re-inspect the vessel in that time. This does not stop either of us using small claims court or asking a court for urgent relief.
23.3 A claim arising out of our work must be presented to us in writing within 30 days after you discover, or reasonably should have discovered, the facts it is based on.
23.4 To the fullest extent California law allows, any legal action arising out of our work must be started within 12 months of the invoice for that work. If that period is shorter than the minimum a court will enforce, the shortest enforceable period applies, and any longer period required by law that cannot be shortened by agreement applies instead.
23.5 We do not require arbitration and we do not ask you to give up a jury trial. If both of us agree in writing when a dispute arises, it may be decided by a general reference under Code of Civil Procedure section 638.
23.6 In any proceeding arising out of our agreement, the party that prevails may recover reasonable attorney's fees and costs from the other, including costs of collection and any appeal. This works both ways, as Civil Code section 1717 requires.
23.7 Nothing in these terms limits what you may say about us in an honest review, or your right to contact any regulator or agency at any time.
24. Governing law and courts
24.1 These terms and our agreements with you are governed by the law of the State of California, without regard to its conflict-of-laws rules.
24.2 Any proceeding is to be brought in the state or federal courts serving Los Angeles County, California, the county of our principal place of business, and both of us consent to that venue. Either of us may use small claims court.
24.3 To the extent an agreement with us is a maritime contract, the general maritime law of the United States applies, and California law applies where it is not inconsistent with it, saving to suitors in all cases the right to a common-law remedy where the common law is competent to give it.
25. General terms
25.1 These terms, our Company Policies and Limited Warranty, and the documents you sign for the work (the agreement, each authorization and each change order) are the whole agreement about the work. Something said on the phone or on the dock does not change them unless it is put in writing and both of us agree to it.
25.2 If any part of these terms is held unenforceable, it is applied to the greatest extent the law allows, and the rest continues in force.
25.3 If either of us does not insist on a term once, that does not give it up for the future.
25.4 You may not transfer your rights or obligations under an agreement with us without our written consent. We may use qualified subcontractors, as section 18 explains.
25.5 The sections on the warranty, disclaimers and limits of liability, claims caused by your side, liens, payment, time limits, law and courts, and these general terms continue to apply after the work is finished or an agreement ends.
25.6 Headings are for convenience only. These terms are not to be read against either of us as the party who wrote them.
25.7 Changes. We may update these terms. A change applies from its effective date and never to work you have already authorized: the documents you sign record the version of our policies in force that day, and earlier versions stay readable at office.servicesboats.com/policies.
25.8 Questions about these terms: (213) 693-0224 or breezemarine.boatservice@gmail.com.
