TERMS & CONDITIONS —

CARD ON FILE, CHARGEBACKS, REFUNDS & VIRGINIA LIEN RIGHTS

The Jolly Skipper Boatyard – Deltaville, VA

1. Card on File Requirement

To schedule service, parts orders, haul-outs, storage, or diagnostics, the Customer must maintain a valid credit or debit card on file. The Company may use this card to secure deposits, order parts, or settle unpaid invoices.

2. Authorization to Charge

Customer authorizes The Jolly Skipper Boatyard (“Company”) to charge the card on file for:

• Approved estimates, service orders, and work orders

• Parts ordered on the Customer’s behalf

• Labor performed

• Storage fees, slip fees, and other recurring charges

• Balances left unpaid 3 days after completion of work or notice of parts arrival

3. No Refunds on Parts or Labor

• Labor is non-refundable once performed.

• Parts are non-refundable once ordered, including special-order items, electrical components, manufacturer-shipped items, custom orders, or items purchased specifically for the Customer’s vessel.

• Manufacturer warranties (if any) apply to parts; labor is billed separately unless otherwise stated.

4. Warranty of Workmanship

The Company warrants its workmanship for 30 days after completion. This warranty does not apply to failures caused by pre-existing conditions, owner negligence, environmental exposure, or components supplied by the Customer. Parts are covered only by the manufacturer’s warranty.

5. Chargebacks & Required Right of Resolution

Customer agrees that:

1. The Company has first right of resolution of any billing concerns prior to the Customer initiating a bank or card chargeback.

2. Customer must notify the Company in writing of any dispute and allow up to 10 business days for internal review and resolution.

3. Any unauthorized or premature chargeback may result in:

   • Storage holds

   • Vessel detainment under mechanic’s lien rights

   • Suspension of service

   • Legal recovery of the disputed balance, costs, attorney fees, and any chargeback penalties

6. Virginia-Specific Mechanic’s Lien & Vessel Detainment Rights

Under Virginia Code §§ 43-33 to 43-37, marinas and boat repair facilities have an automatic, possessory mechanic’s lien on any vessel for:

• Repairs

• Supplies

• Haul-outs

• Storage

• Dockage

• Labor

• Materials

• Parts ordered or installed

• Any charges associated with the care, maintenance, or safekeeping of the vessel

By commissioning work, the Customer acknowledges and agrees to the following:

6.1. Lien Rights

The Company retains the right to hold and detain the vessel until all charges are paid in full. This lien attaches as soon as services, storage, or materials are provided.

6.2. Right to Retain Possession

If the Customer refuses or fails to pay, the Company may retain possession of the vessel until the outstanding balance is satisfied.

6.3. Right to Sell Vessel if Unpaid

If the balance remains unpaid for 90 days, the Company may proceed with selling the vessel at public auction as allowed under Virginia law (§ 43-34), provided:

• Written notice is mailed to the last known address of the vessel owner and any known lienholder, and

• A 10-day pre-sale notice is posted publicly as required by statute.

Proceeds of sale will be applied to outstanding charges, storage fees, legal fees, and sale costs. Excess funds will be returned to the owner if claimed.

6.4. Continuing Storage Charges

Storage charges continue to accrue while a vessel is detained under lien. These charges are also protected by the lien under Virginia law.

7. Abandonment

If a vessel remains on the property for more than 90 days with unpaid balances or no contact from the owner, it may be deemed abandoned under Virginia law and processed for title acquisition or lien sale.

8. Acceptance of Terms

By commissioning service, signing a work order, storing a vessel, or providing a card on file, the Customer acknowledges and agrees to these Terms & Conditions, including Virginia mechanic’s lien rights, non-refundable parts policies, payment terms, and dispute resolution procedures.