socal-marine-boat-repair-san-pedro-logo

Francois
562 362 7418
socalmarinellc@gmail.com
1315 West C Street, Wilmington CA, 90744

Socal Marine LLC

Remanufactured Engine & Services Limited Warranty and Terms

WARRANTY TERMS:

Acceptance Of Warranty Terms.  You, by the purchase of a product from Socal Marine LLC (“Socal Marine LLC”) that is covered by the Socal Marine LLC Remanufactured Engine & Other Services Limited Warranty Agreement (“Agreement”), denote your acceptance of the terms of conditions of this Agreement.  The terms "You" or “Purchaser” means you the original purchaser of the product, your agents, beneficiaries, or heirs.

Socal Marine LLC warrants its Remanufactured/Reconditioned Engines and Services to the original purchaser to be free of defective parts and workmanship for the time shown below.  This warranty begins on the date of original retail delivery, installation, collection from premises or shipment from Socal Marine LLC, whichever occurs first.  Repairs or replacements under warranty will not extend the warranty coverage.  No benefits or remedies are available under this limited warranty while the invoice for the unit or related services remains outstanding.  This warranty is Non-Transferable.  Under the discretion of the engine builder some original parts may be reused if found to be in proper working condition. We ALWAYS install new bearings, seals and non-reusable gaskets as an absolute minimum. As a general rule and when applicable - our Recon & ReMan engines usually but not always receive the following new depending: timing set, bearings, rings, lifters, pushrods, valve springs, pistons, oil pump, harmonic balancer, valve springs, balancers, oil pumps, valves, valve seals, new valve seats. In some rare instances we will reuse matched cams and lifters at our own discretion. No employer, sub-contractor or persons working at or with Socal Marine LLC shall in any way be personally be held liable for any damages and/or losses related to work done by Socal Marine LLC. If any part of a remanufactured engine assembly fails in normal use because of defective parts or workmanship performed by the manufacturer and is returned to us, then it will be repaired or the assembly replaced.  The alleged defective part of the assembly MUST be returned to the manufacturer, at your cost (properly supported by filled out claim forms and receipts), for inspection and credit consideration in order for the Replacement coverage to be applicable, as specified below:

Engine Warranty:

Labor not included. Warranty only covers damage solely caused by failure of internal components directly related to the short/long block. Any failure from cooling, exhaust, intake, fuel delivery, ignition failure or any other external issue will not be covered.

IT IS THE RESPONSIBILITY OF THE OWNER TO CHECK SEA VALVES AND ALL OTHER NECESSARY SYSTEMS PRIOR TO RUNNING THE ENGINE. OWNER NEGLIGENCE IS NOT COVERED UNDER ANY CIRCUMSTANCE AND WILL BE STRICTLY EXAMINED IN THE EVENT OF ENGINE/PART FAILURE.

 
  • Marine Short/Long Block:  

12 Months/Unlimited Hours for pleasure craft/non commercial use unless stated otherwise on final invoice. Any vessel that is used as a rental to ANY 3rd party is considered a commercial vessel and unless otherwise stated will have a 6 month guarantee from date of completion unless otherwise stated.

Failure of any component(s) not part of the long block (cooling, exhaust, fuel delivery, etc) that causes severe engine damage will void the warranty. ANY melted engine tabs will void any engine warranty (we use marine rated engine tabs at 200 degrees). Tampering with engine tabs is a violation of terms and will void ANY warranty. Engine damage resulting from any external component(s) that failed/misconfirgured will void any warranty (Remote oil lines, filters, coolers, etc). Water ingress via intake or exhaust ports will voild any warranty. If a long block fails we will need to inspect and approve any warranty work. Tampering with an engine after failure is prohibited and will also void the warranty.

  • Marine Used Parts Warranty supplied + installed by us:  

Used parts are supplied "as is" unless stated otherwise on final invoice and only intended for pleasure use. (Additional labor costs will be charged to cover non-warrantied parts that have failed and caused damage).

  • Marine Services Performed by Socal Marine LLC:

No warranty/refunds on labor performed. Labor is charged per job at our standard/flat rate available on our home page. Any warranty items will be subject to our standard labor rates at our own discretion.

 

General Services:

DELINQUENT PENALTIES: If you dont respond to service calls/messages/email for a period of more than 2 weeks your vessel will be charged a daily storage rate of $50/day on top of existing services performed.

General service work performed will carry a 3 month warranty from date of completion unless otherwise specified. Used parts that were reused/reinstalled as part of a job will not be covered under any circumstances unless specifically stated on invoice. Only exactly listed parts will be covered by our warranty. Only new parts or their immediate sub-components will be covered under warranty, this excludes any parts that work directly in conjunction with the new part. For example a new input yoke assemby will include the universal bearings, yokes and the shaft as all the components form part of the entire unit as supplied/stated on the invoice - however if the upper gears happent to fail they will not magically be covered as well as they are not part of the supplied new part. Again, part(s) NOT explicitly listed on invoices are NOT magically included in any warranty terms, even if they work in conjunction with parts or services listed on the invoice. If you did not pay for new valves but received new valve springs - If a used valve fails and damages the new valve spring the new spring and any consequent damage will be void of any warranty as a non listed and/or non warrantied component caused damage. We have had people who do not wish to pay for a complete job due to budget restrictions who assume by paying for part A, (used) part B automatically falls under the same warranty - and this is not the case. To repeat - Any damage associated with work not explicitly listed on an invoice AND under warranty will not be covered. We only cover parts that have failed individually that are A: Listed exactly on the invoice, and B: are still under warranty. Dont pull a rich move on us - by paying for part A, magically assume used part B and C are somehow magically covered as well - NOT GONNA HAPPEN.

 

ALL WARRANTY REPLACEMENTS MUST BE PRE-APPROVED.

Socal Marine LLC will review and authorize the warranty return request and you are to deliver the product for inspection to Socal Marine LLC. 

Socal Marine LLC shall then arrange for the inspection and repair, provided such service is covered under this warranty. Socal Marine LLC will advise if repair is minor and can be made by installer.  Socal Marine LLC in its sole discretion may determine if the claimed fault or repair requested is covered by this warranty. You are responsible for properly packaging your product, paying all shipping costs, loss or damage to the product during shipping, and any other taxes, fees or charges associated with transporting the product to Socal Marine LLC.   Further, if the service is not covered by this warranty, purchaser shall pay for all related labor and material.  Any product or parts shipped by purchase for inspection or repair must be shipped with the transportation charges prepaid to Socal Marine LLC. 

WARRANTY ONLY COVERS DEFECTIVE MATERIAL INSTALLED BY THE MANUFACTURER OR DEFECTIVE LABOR PERFORMED BY THE MANUFACTURER.

WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

EXCEPT FOR THE WARRANTIES EXPRESSED IN THIS AGREEMENT, SOCAL MARINE LLC DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE TOTAL LIABILITY, IF ANY, OF SOCAL MARINE LLC AND THAT OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS AND EMPLOYEES TO PURCHASER FOR DAMAGES WITH RESPECT TO THIS AGREEMENT AND THE ENGINE OR PARTS SOLD SHALL NOT EXCEED THE PURCHASE PRICE RECEIVED FOR PRODUCTS OR SERVICES RENDERED.  IN NO EVENT SHALL SOCAL MARINE LLC, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, AND EMPLOYEES HAVE ANY LIABILITY FOR PUNITIVE, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR REVENUES.  THE LIMITATIONS AND EXCLUSIONS IN THIS PARAGRAPH SHALL APPLY TO ALL CLAIMS OF EVERY NATURE, KIND AND DESCRIPTION, WHETHER ARISING FROM BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT, OR OTHERWISE.  DAMAGES AS LIMITED BY THIS PARAGRAPH IS PURCHASER'S SOLE AND EXCLUSIVE REMEDY IN THE EVENT THAT ANY OTHER REMEDY PROVIDED IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.

This warranty is the only warranty made by the manufacturer or the seller applicable to its engines.  This written warranty is understood to be the complete and exclusive agreement between the parties, superseding all prior agreements, verbal or written, and all other communications between the parties regarding any warranty.  No installer, distributor, or any employee or agent is authorized to state or imply any additional warranties, nor to assume any of its products unless made in writing and signed by an official of the manufacturer.

In no case shall the manufacturer of the seller be liable for any special incidental or consequential damage (including without limitation, loss of profits, loss of revenue, cost of capital, cost of substitute equipment, down time, claims of third parties and injuries to person or property) based upon breach of warranty, breach of contract, negligence, strict liability in tort or any other legal theory.

INSTALLERS RESPONSIBILITY

 Please make sure the following is adhered to:

  1. Explain warranty coverage and service procedures to the owner and assure owner's manual is given to boat owner
  2. Diagnose all complaints to determine the cause. If cause is not due to material or labor furnished by the manufactured, request for credit should not be submitted.
  3. The installer must run-test the engine prior to installation. Socal Marine LLC will not be responsible for any costs and/or charges associated with removal, repair, or reinstallation of any such engine that was installed without first being run tested.

WARRANTY ONLY COVERS DEFECTIVE MATERIAL INSTALLED BY THE MANUFACTURER OR DEFECTIVE LABOR PERFORMED BY THE MANUFACTURER.


 

OWNER'S RESPONSIBILITY

 You've made an excellent choice in purchasing a Socal Marine LLC Remanufactured Engine.  To insure long engine life and trouble-free performance, it should be properly maintained.  This includes, but is not limited to:

  1. FIRST 30 minutes of runtime: Owners need to very carefully watch engine temps and exhaust temps during initial trials and the first 30 minutes of running a fresh built engine. Failure on the owners part to be on the look out for signs of trouble will not be covered if lack of diligent checking was not performed. Check for any leaks, smells, noises and CONFIRM oil pressure and engine temps EVERY MINUTE for the first 30 minutes to make absolutely sure the engine has oil and cooling.
  2. Oil and filter change after initial 10 hours on new builds. Then, regular oil and filter changes every 50 hours or once a season, whichever occurs first.
  3. Regular check of all fluid levels throughout the engine. Engine oil must be at a safe level regardless of engine condition. Damage caused by running the engine without adequate oil in the crankcase is not covered under this warranty.
  4. Tune-up, belt, filter and hose replacement at necessary intervals or whenever substandard performance is experienced.
  5. Cooling system must operate at normal temperature. Thermostat, water pump, leaks and corrosion are the responsibility of the boat owner. Freezing or low coolant level damage is not covered under this warranty.

We recommend you keep all engine installation and service records with the owner's manual.  You may be required to provide proof of maintenance records in the event a customer service/warranty situation arises.

There are many things that can cause an engine to fail over which the manufacturer has not control, and are not covered by the manufacturer's service warranty.  Some of, but not all of the reasons are as follows:

  1. Holes burned in pistons caused by detonation/leaking exhaust gaskets/other. Be sure engine is installed and tuned properly, and ALL exhaust and cooling related systems are in excellent working order. It is the OWNERS RESPONSIBILITY to monitor ALL gauges during initial use and be on the look out for any signs of trouble - Old manifolds/risers/elbows contribute to a VERY large amount of engine failures and is NOT covered under engine/long or shortblock warranties. Water intrusion via bilge/carb/throttle body/contaminated fuel or any external resource will also not be covered. 
  2. Excessive operating temperatures. Excessive temperature can be injurious to engine life. There are many causes for excessive engine temperature over which the manufacturer has no control. Faulty cooling systems will cause head gasket failure.
  3. Improper or lack of proper lubricants.
  4. Water intrusion from any source outside of manufacturer defect or from faulty manifolds/risers or any cooling system which is used. We HIGHLY recommend installing new manifolds/risers/elbows with ALL engine replacements to avoid a repeat failure! 
  5. Cracked blocks, water intrusion, from not winterizing correctly will also void any warranty.
  6. Very often numerous trim related parts need to be replaced entirely for slipped boats in salt water, esp trim rams. Parts may be unremovable and require assemblies to be replaced in severe cases where there has been lack of servicing/neglect. In such circumstances there will be  extra labor and part charges.

 WHAT IS NOT COVERED

  1. Fluids

Warranty repairs or replacements occurring in the first 30 days of engine service will include a maximum fluid and filter allowance of $25.00.  After that time, fluids are not covered under warranty.

  1. Damage Due to Alterations, Misuse, or Accidents or other non-warrantied parts failing

Repairs required as a result of fire, accidents, abuse, freezing, negligence or objects striking the vessel/engine, or misuse of the engine such as overloading racing, etc.

Improper adjustments, modifications, tampering disconnection, alteration (changing or adding to the engine), adjustments to components not complying with the Manufacturer's specifications, improper propeller selection, or operator error.

Subjecting engine to operations causing greater than normal wear, or used for any purposes for which it was not originally designed, or to engine failures due to improper installations by a party other than the manufacturer or improper units or parts on engine that were not supplied by the manufacturer and any other causes as herein specified.

  1. Damage From the Environment

Hail, rain, windstorms, lightning, floods, freezing, and other Acts of God.

  1. Damage Due to Improper Maintenance

Repairs required due to lack of or improper maintenance or failure to use recommended fuel, oil, and lubricants, or engine operated on any fuel other than gasoline, or water contamination from an outside source.

  1. Routine Maintenance Expenses

Routine regularly required maintenance such as lubrication and changing filters, engine tune-up and replacing belt, hoses, exhaust manifolds, or any other normal maintenance service all boats require.

  1. Extra Expenses

This warranty does not cover incidental or consequential damages such as loss of use of the boat due to engine failure, towing charges, lift charges, storage or dock charges, rental or other substitute transportations, loss of time, inconvenience, expense for gasoline, telephone or fax charges, travel or lodging, loss or damage to personal property, commercial loss, loss of revenue or other matters not specifically included.  Some states do not allow the exclusion or limitation on how long an implied warranty lasts, so the above limitation or exclusions may not apply to you.

7. Inaccurately diagnosed Services including call outs/field service calls

This warranty will not cover additional labor costs/field call outs for diagnosis/replacement/removal/installation and other such costs whether related to warranty parts failing or erronous diagnostic call outs. It will be the discretion of Socal Marine LLC to apply a reduced fee under certain circumstances.

Additional Terms and Conditions

 DISPUTE RESOLUTION

You agree that any Dispute between You and Socal Marine LLC will be resolved exclusively and finally by arbitration administered by the American Arbitration Association (AAA) and conducted under its rules, except as otherwise provided below. The arbitration will be conducted before one arbitrator in accordance with the Federal Arbitration Act 9 USC 1 et seq, and will be limited solely to the Dispute between You and Socal Marine LLC.  All statute of limitations that would otherwise be applicable in a judicial action brought by a party will apply to the arbitration. In the arbitration, the parties agree that the law for the State of California shall apply. The arbitration shall be in or nearest to San Pedro, California. Any decision rendered in such arbitration proceedings will be final and binding on each of the parties, and judgment may be entered thereon in any court of competent jurisdiction. Should either party bring a Dispute in a forum other than AAA, the arbitrator will award the other party its reasonable costs and expenses, including attorneys' fees, incurred in staying or dismissing such other proceedings or in otherwise enforcing compliance with this dispute resolution provision. You understand that You would have had a right to litigate disputes through a court, and that You have expressly and knowingly waived that right and agreed to resolve any Disputes through binding arbitration. For the purposes of this section, the term "Dispute" means any dispute, controversy, or claim arising out of or relating to (i) this Agreement, its interpretation, or the breach, termination, applicability or validity thereof, or (ii) the purchase or use of any product, accessory, service or otherwise from Socal Marine LLC.  Information may be obtained from the AAA on line at http://www.adr.org/, by calling 1-800-778-7879 or writing to 1633 Broadway, 10th Floor , New York, New York 10019.

Choice of Law and Venue. This Agreement is governed by the laws of the State of California, without giving effect to conflicts of law rules.  You agree that if any dispute is found not to be subject to the Dispute resolution clause, that the sole venue will be that of the court with the appropriate jurisdiction in Los Angeles County, California and you agree that you are subject to and agree to submit to the personal jurisdiction of the appropriate court in Los Angeles County, California.

Transferability.  This warranty covers the original purchaser only and is non-transferable. You may not assign, delegate, or transfer this warranty.  

Severability. If any provision, paragraph or subparagraph of this Agreement is adjudicated by any Court to be void and unenforceable in whole or in part, such adjudication shall not be deemed to affect the validity of the remainder of the Agreement, including any other provision, paragraph or subparagraph. Each provision, paragraph or subparagraph of the Agreement is declared to be separable from each other provision, paragraph or subparagraph and constitutes a separate, distinct covenant.

Modification and Waiver. No waiver or modification of the Agreement shall be valid unless it is in writing and signed by Socal Marine LLC.  Furthermore, any waiver by either party of any breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Third Party Beneficiaries.  This Agreement will not confer any rights or remedies on any third party, other than the parties to this Agreement and their respective successors and permitted assigns.

Titles. Titles and headings to articles, sections, or paragraphs in this Agreement are inserted for convenience of reference only and are not intended to effect the interpretation or construction of the agreement. 

Listing/Broker services:

Socal Marine is entitled to a state legal commission fee to list/sell boats on behalf of customers - incl LIEN sales and will be added to final price. This excludes any other storage fees and unpaid bills and is not transferrable.

5. Contingencies (a) The sale of this Vessel is subject to: 1. Buyer receiving a satisfactory inspection, survey and/or trial run, at buyer's sole discretion. 2. Seller agrees to drive vessel or to provide a captain for trial run, if applicable. 3. Seller agrees (at Seller expense) to store and maintain vessel at its current location for a period of up to 30 days from the actual closing date to allow Buyer (or their designee) time to pickup/transport vessel.

4. Trailer is included in purchase. (b) In the event this sale is subject to survey and/or trial run, Buyer acknowledges and agrees as follows: (i) Buyer will conduct any surveys and/or surveys as soon as practical after the execution of this Agreement. (ii) Buyer shall select a surveyor who is in his employ and who is responsible solely to the Buyer for all errors or omissions. (iii) Broker shall have no involvement with the selection of said surveyor as to avoid any potential conflict of interest. However, broker shall coordinate the survey and/or trial run with all applicable parties and may be in attendance in order to observe. (iv) Buyer should instruct his surveyor to examine and/or trial run the Vessel to ensure the Vessel meets the Buyer's requirements. (v) All costs related to the survey and due diligence of Buyer shall be at the expense of the Buyer, including but not limited to, Vessel haul out/haul in, dockage charges, subcontractor fees, and any other expenses associated with Buyer's due diligence. (c) In the event that the sale of the Vessel is subject to a trial run, Seller agrees that any trial run shall be at Seller's sole risk and expense.

6. Risk of Loss Seller agrees to not operate Vessel after Buyer has signed an Acceptance of Vessel document unless prior agreement is arranged to move Vessel to a pre-determined delivery location. The risk of loss, damage or destruction of the Vessel shall be borne by Seller until the transaction is closed. If the Vessel is destroyed prior to Closing by an Act of God, or other cause, this Agreement shall become void and the Deposit, less any expenses incurred on behalf of Buyer, shall be paid to Buyer.

7. Buyer's Default Only after Buyer has signed and submitted the Acceptance of Vessel document to Broker, and in the event the Closing is not consummated due to non-performance of Buyer, including, but not limited to, failure by Buyer to pay the Purchase Price and execute all documents necessary to be executed by Buyer for the completion of the purchase on or before 5:00 PM EST on "Closing" or "Closing Date", the Deposit shall be retained by Seller and Broker as liquidated damages and the parties shall be relieved of all obligations under this Agreement. Buyer and Seller agree that the forfeited deposit shall be divided equally between Seller and Broker.

8. Seller's Default In the event the Closing is not consummated due to non-performance of Seller regarding any of the covenants in this Agreement, all money paid or deposited pursuant to this Agreement by Buyer shall be returned to Buyer upon demand, less any expenses incurred on behalf of Buyer, and Buyer shall have the right of specific performance against Seller at Buyer's expense. Upon Seller's default, Seller shall pay to Broker(s) the full commission provided for under the terms of the listing agreement.

9. No Liens Seller represents and warrants that, at Closing, with the exception of known liens that will be paid off and are listed on the Seller's Closing Statement, the Vessel will be free and clear of all debts, claims, liens, and encumbrances of any kind whatsoever, except as noted in the contingency section above. Seller warrants and will defend that they have good and marketable title hereto and will deliver to Broker all necessary original documents, which will be held in escrow by Socal Marine LLC until Seller has been funded and the transaction has been closed. Should any claims or documentation issues arise, Seller agrees to remedy those issues within 14 calendar days of the actual closing date.

10. Closing and Delivery Closing shall take place on or before the Closing Date or at such other time as may be mutually agreed by Seller and Buyer in writing. Seller agrees to deliver Vessel at its current location, together with all gear, machinery, equipment, furnishing and all other articles identified in Exhibit A, which is made part of this contract. Seller agrees to pay for all costs to make Vessel available and unencumbered for Buyer (or their designee) to transport Vessel from its current location should Vessel be in storage, on lifts, or at any other location that makes Vessel not readily available for transport. If Seller fails to include any equipment as identified in Exhibit A, Buyer may seek legal action against Seller for failure to perform in accordance with this contract.

11. Payment of Purchase Price Buyer shall deposit or wire the amount of the purchase price plus any applicable taxes to Broker's secure escrow account so that such funds are cleared and ready for release prior to Closing Date so as not to jeopardize the transaction by not having cleared funds to close with. Furthermore, a closing fee of $250 (US Dollars) shall be due to Socal Marine LLC from Buyer to cover Inbound Bank Wire Fees, Courier Fees, and other administrative costs associated with the Closing. Broker shall provide Buyer with electronic copies of all closing documents at closing as well as courier delivery of any original documents including bill of sale upon receipt, if applicable.

12. Taxes Sale or use taxes, if applicable on this purchase, are the responsibility of Buyer and will be paid to Broker for remittance at the time of Closing and Buyer agrees to indemnify Seller and Broker against the payment of same. Duties, taxes or fees on the Vessel of any state, county, and city, regulatory or taxing authority incurred prior to the date of Closing of this transaction shall be the responsibility of Seller and shall be paid by the Closing Date. Seller shall further pay any cost associated with and shall cooperate fully to obtain authorization for sale as may be required from any governing authority.

13. No Warranty/As Is Condition INFORMATION PROVIDED ABOUT THE VESSEL IS BELIEVED TO BE GOOD AND CORRECT AND BROKER OFFERS SUCH INFORMATION IN GOOD FAITH, BUT DOES NOT AND CANNOT GUARANTEE THE ACCURACY OF THE INFORMATION PROVIDED. AFTER THE PROVISIONS HEREIN HAVE BEEN COMPLIED WITH AND THIS TRANSACTION HAS BEEN CONSUMATED, IT IS UNDERSTOOD AND AGREED BY BUYER THAT HE HAS ACCEPTED THE VESSEL IN ITS "AS IS" CONDITION. BUYER EXPRESSLY AGREES THAT NO WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED, HAS BEEN OR WILL BE MADE DIRECTLY OR INDIRECTLY BY SELLER OR BROKER CONCERNING THE CONDITION OR USE OF THE VESSEL. BUYER EXPRESSLY AGREES THAT HE HAS NOT RELIED UPON ANY ORAL REPRESENATION BY SELLER OR BROKER(S) AS TO THE CONDITION OR CAPABILITY OF THE VESSEL OR ITS INVENTORY. BUYER ALSO RECOGNIZES AND ACKNOWLEDGES THAT THE VESSEL AND ITS INVENTORY MAY HAVE BOTH APPARENT AND/OR HIDDEN DEFECTS AND BUYER ACCEPTS RESPONSIBILITY FOR DETERMING THE CONDITION OF THE VESSEL AND ITS INVENTORY AND THE EXISTENCE OF ANY DEFECTS.

14. Legal Age to Contract Buyer is at least 18 years of age and is a citizen of United States.

15. Counterparts This Agreement may be executed in separate counterparts, each of which shall constitute an original and all of which together shall constitute one and the same instrument. A facsimile signature in this Agreement or counterpart thereof shall be deemed an original signature.

16. Binding Effect This Agreement shall be binding on all parties herein, their heirs, personal representatives, successors and/or assigns. Once a fully executed contract is in place with a deposit in Broker's secure escrow account, Seller agrees not to sell the Vessel or enter into any contract for the sale of same while this Agreement is in effect.

17. No Merger The parties agree and expressly stipulate that this Agreement and all agreements, representations and warranties contained herein shall survive the Closing of the contemplated transaction and shall not be merged in or otherwise be affected by the execution, tender, delivery or acceptance of the Bill Of Sale or any other documents executed or delivered at closing. 18. Entire Agreement This document constitutes the entire agreement between the parties hereto and it is agreed and understood that there are no other duties, obligations, liabilities or warranties implied or otherwise, all of which are expressly disclaimed by Buyer. This Agreement may not be amended or modified, except in writing and signed or initialed by Buyer and Seller. 19. Disputes This Agreement is executed by Buyer and Seller and any disputes arising out of this Agreement are between Buyer and Seller. In the event Broker becomes party to any proceedings between Seller and/or Buyer concerning this Agreement, the courts of LA County, Los Angeles (or nearest courthouse to business) will have exclusive jurisdiction to adjudicate any dispute and the Broker shall be reimbursed for its costs and attorneys' fees by the party or parties found to have breached this Agreement. 20. Commissions Seller acknowledges that Seller and Socal Marine LLC have a previously executed Central Marketing Agreement detailing commission due from Seller upon completion of a sale. 21. Broker Seller agrees to sell the Vessel under the terms and conditions stated in the foregoing contract. Seller and Buyer recognize and acknowledge Socal Marine LLC as the authorized selling brokerage firm and Socal Marine LLC, as the authorized listing brokerage firm and these are the only brokerage firms that procured this Agreement.

** Payment/Collection:


NO vessel shall be removed/collected from our premises until all pending fee's/invoices are PAID IN FULL (ie from the date that the customer is notified via email/text that the vessel is ready). At the discretion of Socal Marine LLC - in some instances funds will have to be cleared by the payee's issuing bank before payment will be considered complete and the owners property/vessel ready for collection (if paying a large sum by check for example). Using direct wire transfer (details on invoices)/credit card* / Zelle will avoid this delay.

A 7 day maximum grace period (includes weekends) will be given to settle final payment - unless written permission has been granted from Socal Marine LLC (via text/email) for an extension/alternative arrangement. If full payment has not been made (excludes banking delays/processing times) within the 7 day grace period (includes weekends) then an ADDITIONAL STORAGE FEE of $50/DAY will be automatically added to the bill/invoice and require settlement before any vessel is to be collected. Additionally, payment is expected upon the provision/completion of services/parts (listed on invoice). Failure to pay for invoices in full and ontime will be considered a breach of contract an annull all previously made warranties for parts and/or labor. Witholding payment or unethical measures or dishonest means/delays/lack or timely response/communications will void any warranty for services/parts listed on invoice and any further services shall be refused to the customer until ALL outstanding fee's/penalties are paid up in full (see below). If we do not receive payment in full on any invoice within 30 days past the payment terms on the invoice, late charges at .8333% interest per month (10% per year) will be imposed on your unpaid balance after 30 days. Your unpaid balance is determined by taking the beginning balance of your account for each month, adding any new charges and subtracting any payments made to your account. We will then multiply this amount by the .8333% monthly periodic interest rate to compute the late charge for your account for that month. If estimates are required before jobs are started, a written request must be emailed directly from the client to socalmarineLLC@gmail.com (or via text message) stating that estimates must be provided before work commences.


* 3% Surcharge (optional)

Entire Agreement

This Agreement contains the entire understanding of the parties involved and supersedes all previous oral and written agreements with regard to subject hereof.

Socal Marine LLC, 1315 W C street, Wilmington, 90744.