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Terms of Service

Terms of Service

Please read these terms carefully before using our boat lift installation and maintenance services. By engaging with Boat Lift Installation of Virginia Beach, you agree to be bound by these terms and conditions.

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1. Service Agreement

Understanding the scope and nature of our services

Boat Lift Installation of Virginia Beach ("Company," "we," or "us") provides professional boat lift installation, maintenance, repair, and inspection services to residential and commercial clients in Virginia Beach and surrounding areas ("Services").

By requesting a quote, scheduling an appointment, or engaging our services, you ("Client" or "you") enter into a binding service agreement with the Company. This agreement is subject to these Terms of Service and any additional terms outlined in your specific service proposal or contract.

Our Services include but are not limited to:

  • Professional boat lift installation and configuration
  • Seasonal maintenance and inspections
  • Repairs and component replacement
  • System upgrades and modifications
  • Pre-storm readiness assessments
  • Operational training and user guidance
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2. Scope of Work and Proposals

What is and is not included in our service offerings

All services are performed in accordance with the specific scope of work outlined in your written proposal or service contract. The Company will conduct a site evaluation to determine appropriate lift specifications, capacity, and installation requirements.

Included in Installation Services:

  • Site measurement and evaluation
  • Lift assembly and installation
  • Alignment and load testing
  • Operational training for primary users
  • Standard cleanup of work area

Not Included (unless specified):

  • Dock construction, repair, or modification
  • Piling installation or seawall work
  • Electrical wiring or shore power installation
  • Permitting, licensing, or HOA approvals
  • Removal of existing lifts or equipment

Any work outside the agreed scope will be quoted separately and requires written authorization before proceeding.

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3. Payment Terms and Conditions

How and when payment is due for our services

Pricing: All pricing is provided in writing via formal proposal and is valid for 30 days from the date of issue unless otherwise stated.

Payment Schedule: For installation projects, payment is typically structured as follows:

  • 50% deposit upon contract execution to secure scheduling and materials
  • 50% balance due upon completion of work and client approval

Payment Methods: We accept cash, check, credit card, and bank transfer. Payment must be received before final walkthrough and system handoff unless other arrangements are made in writing.

Late Payment: Invoices not paid within 30 days of the invoice date will accrue interest at 1.5% per month (18% annually) or the maximum rate permitted by Virginia law, whichever is lower.

Taxes: Client is responsible for all applicable sales tax, use tax, and other taxes. Tax-exempt clients must provide valid tax documentation.

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4. Cancellation and Rescheduling Policy

Your rights regarding appointment changes

Cancellation by Client: You may cancel a scheduled service appointment with the following terms:

  • More than 14 days before appointment: Full refund of deposit, minus a 10% administrative fee
  • 7 to 14 days before appointment: 50% refund of deposit
  • Less than 7 days before appointment: No refund; deposit is forfeited

Rescheduling: Requests to reschedule must be made at least 7 days in advance. Rescheduling does not incur an additional fee, but is subject to availability.

Cancellation by Company: The Company reserves the right to cancel or reschedule if weather, site conditions, or other circumstances make safe work impossible. In such cases, the deposit will be held and applied to a rescheduled appointment within 60 days.

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5. Warranty and Guarantees

What we guarantee about our work and equipment

Workmanship Warranty: The Company warrants that all installation work is performed in a professional, workmanlike manner in accordance with industry standards and applicable Virginia codes. This workmanship warranty is valid for one (1) year from the date of project completion.

Equipment Warranty: Boat lifts and components are sold with manufacturer warranties as provided by the equipment supplier. The Company does not provide separate equipment warranties but will assist you in processing manufacturer warranty claims for defective parts.

Warranty Exclusions: The workmanship warranty does not cover damage or failure resulting from:

  • Misuse, abuse, or improper operation
  • Failure to follow maintenance recommendations
  • Unauthorized modifications or repairs
  • Acts of God, natural disasters, or severe weather
  • Corrosion or rust from environmental exposure
  • Damage caused by third parties
  • Normal wear and tear

Warranty Claims: To file a warranty claim, contact the Company in writing within 30 days of discovering the issue. The Company will evaluate the claim and determine if repair or replacement is appropriate. Warranty repairs must be performed by the Company or an authorized technician.

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6. Limitation of Liability and Indemnification

Understanding liability and insurance protections

Insurance: The Company carries comprehensive general liability insurance and workers' compensation insurance as required by Virginia law. Proof of insurance is available upon request.

Liability Limitation: Except for bodily injury or death, the Company's total liability for any claim arising from these Services shall not exceed the total amount paid by Client to the Company for the specific service that gave rise to the claim, or $10,000, whichever is less.

Excluded Damages: In no event shall the Company be liable for indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, business interruption, or damage to property or vessels.

Client Indemnification: Client agrees to indemnify, defend, and hold harmless the Company, its owners, employees, and agents from any claims, damages, or expenses arising from Client's use of the boat lift, misuse, failure to follow instructions, or unauthorized modifications.

Property Damage: While the Company takes reasonable precautions to protect your property during work, Client assumes responsibility for any damage to landscaping, structures, utilities, or other property not directly caused by the Company's negligence.

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7. Client Responsibilities and Obligations

What you must do to ensure safe, successful service

Site Access and Safety: Client must provide safe, unobstructed access to the dock and surrounding area. Client is responsible for removing obstacles, securing pets, and ensuring the area is clear of hazards.

Accurate Information: Client must provide accurate vessel specifications, dock measurements, water depth information, and any other details relevant to proper lift selection and installation.

Permits and Approvals: Client is responsible for obtaining any required permits, HOA approvals, or municipal authorizations. The Company can advise on typical requirements but does not obtain permits on behalf of the Client.

Maintenance and Operation: Client agrees to operate the boat lift only as trained and to follow all manufacturer guidelines and maintenance recommendations. Failure to maintain the lift may void warranties and create safety hazards.

Supervision and Safety: Client must ensure that only trained, authorized users operate the lift. Client is responsible for supervising children and guests and preventing unauthorized use.

Environmental Compliance: Client must comply with all environmental regulations regarding water discharge, spill prevention, and marine protection.

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8. Intellectual Property Rights

Ownership of designs, documentation, and proprietary information

Company Materials: All proposals, designs, specifications, drawings, and technical documentation created by the Company remain the property of the Company unless otherwise agreed in writing. Client may use these materials solely for the purpose of the Services provided.

Photographs and Documentation: The Company may photograph the completed installation for portfolio, marketing, or documentation purposes. Client may request that photos not be used publicly by notifying the Company in writing.

Proprietary Methods: The Company's installation methods, techniques, and processes are proprietary and confidential. Client agrees not to reverse-engineer, replicate, or disclose these methods to third parties.

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9. Dispute Resolution and Governing Law

How disputes are resolved and which laws apply

Informal Resolution: In the event of a dispute, both parties agree to attempt informal resolution by contacting the other party in writing and discussing the issue in good faith for at least 30 days before pursuing legal action.

Governing Law: These Terms of Service and all services provided by the Company are governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of law principles.

Jurisdiction: Both parties agree that any legal action or proceeding arising from these Terms shall be brought exclusively in the state or federal courts located in Virginia Beach, Virginia, and both parties consent to the personal jurisdiction and venue of these courts.

Arbitration Option: Either party may elect binding arbitration instead of litigation. If arbitration is chosen, it will be conducted under the American Arbitration Association (AAA) rules by a neutral arbitrator in Virginia Beach, Virginia.

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10. Modifications and Termination

How these terms may change and when service may end

Modifications to Terms: The Company reserves the right to modify these Terms of Service at any time. Modifications become effective when posted to the website. Continued use of the Company's Services after modifications constitutes acceptance of the updated terms.

Scope Changes: If Client requests changes to the agreed scope of work after work has begun, the Company will provide a written change order detailing additional costs and timeline impacts. Work will not proceed on changes without Client's written authorization.

Termination by Company: The Company may terminate service if Client fails to pay invoices, becomes abusive or disruptive, or creates unsafe conditions. In such cases, work will stop and any unused deposit will be forfeited.

Termination by Client: Client may terminate a service agreement by written notice. If termination occurs after work has begun, Client is responsible for payment of all work completed to date plus any non-refundable materials or scheduling costs incurred.

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11. Safety and Code Compliance

Our commitment to safe installations and legal compliance

Code Compliance: All installations are performed in compliance with applicable Virginia building codes, electrical codes, and environmental regulations. The Company is familiar with Virginia Beach municipal requirements and HOA guidelines.

Safety Standards: The Company follows industry best practices and manufacturer specifications for all installation and maintenance work. This includes proper load calculations, secure fastening, and functional testing of all safety devices.

Training and Instructions: The Company provides comprehensive operational training to Client or Client's designated users. Client is responsible for ensuring all users read and understand the manufacturer's manual and safety guidelines.

Ongoing Safety: Client must inspect the lift regularly for signs of wear, corrosion, or damage and report any concerns to the Company immediately. Do not operate a lift that appears damaged or unsafe.

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12. Contact Information for Disputes and Questions

How to reach us regarding these terms

If you have questions about these Terms of Service or wish to file a complaint or dispute, please contact:

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Boat Lift Installation of Virginia Beach

Virginia Beach, Virginia 23467

phone

(804) 710-3164

Available Monday - Friday, 9:00 AM - 6:00 PM

mail

info@boatliftinstallationofvirginiabeach.com

Please include "Terms Inquiry" in the subject line

We are committed to resolving disputes fairly and promptly. Please allow 5-7 business days for a response to written inquiries.

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Acknowledgment

By using the services of Boat Lift Installation of Virginia Beach, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree with any part of these terms, you may not use our Services.

These Terms of Service, along with any service proposal or contract, constitute the entire agreement between Client and the Company regarding the Services provided. Any previous agreements, understandings, or representations are superseded by these Terms.

Questions About Our Terms?

We want to ensure you feel confident and informed when working with us. If you have any questions about these terms or need clarification, please don't hesitate to reach out.