NICKS SERVICES CT TERMS OF SERVICE

By requesting, scheduling, approving, or paying for marine detailing, washing, polishing, coating, restoration, maintenance, or related services from Nick’s Services CT (“Company”), the customer (“Customer”) agrees to the following Terms & Conditions.
 

1. Services

Company provides marine detailing and related appearance, cleaning, polishing, correction, restoration, coating, protection, maintenance, and similar services for boats, trailers, and related marine equipment, as described in the estimate, invoice, work order, or service confirmation provided to Customer.

All services are limited to the scope specifically described in the accepted estimate or work order. Any additional services requested by Customer or found to be necessary during the job may result in additional charges and schedule adjustments.
 

2. Estimates and Approval

All estimates are based on the visible condition of the vessel and the information reasonably available at the time of quoting. Final pricing may change if the actual condition of the vessel, requested scope, access conditions, contamination level, oxidation level, staining, neglected surfaces, or other unforeseen job conditions differ from what was originally represented or observable.

Approval of an estimate may be made by signature, electronic signature, email approval, text message approval, invoice payment, deposit payment, online acceptance, or any other written or electronic confirmation from Customer. Customer agrees that electronic approvals are binding to the extent permitted by applicable law.

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3. Deposits and Payment Terms

A deposit may be required to reserve a service date. Unless otherwise stated in writing:

• deposits are non-refundable once scheduling, labor allocation, or material purchasing has occurred;

• payment is due immediately upon completion of services unless different terms are stated in writing;

• Company may require progress payments for large or multi-day projects;

• late balances may be subject to a late fee or finance charge to the maximum extent permitted by law.

Customer is responsible for all approved services, materials, specialty products, disposal fees, marina access charges, hauling coordination charges, and any applicable taxes unless otherwise stated.

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4. Scheduling and Access

Customer is responsible for providing safe, timely, and adequate access to the vessel at the scheduled time, including marina access, gate codes, keys, power, water, dock permissions, trailer access, or owner authorization as needed.

If Company arrives and cannot reasonably perform the work due to lack of access, unsafe conditions, weather exposure, marina restrictions, vessel unavailability, or Customer delay, Company may reschedule the work and charge a service call, mobilization fee, or cancellation fee

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5. Condition of Vessel / Pre-Existing Issues

Customer understands and agrees that marine detailing and restoration work is performed on vessels that may have pre-existing wear, damage, age-related deterioration, oxidation, failing coatings, weak gelcoat, stained surfaces, brittle plastics, loose hardware, prior repair defects, or other hidden conditions.

Company is not responsible for correcting or guaranteeing against pre-existing conditions, including but not limited to:

• oxidation below the surface,

• pitted or permanently stained gelcoat,

• failing clear coats or painted finishes,

• cracked, crazed, thin, chalked, or previously over-compounded gelcoat,

• loose decals, striping, wraps, or graphics,

• corroded metals,

• deteriorated rubber, vinyl, eisenglass, canvas, upholstery, seals, or caulking.

Customer authorizes Company to perform the agreed detailing work with reasonable care, understanding that some defects may remain visible even after service.

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6. No Guarantee of Perfection

Marine detailing is a cosmetic improvement service, not a reconstruction or manufacturing service. Company does not guarantee perfection, full defect removal, exact color restoration, or complete correction of all stains, scratches, oxidation, water spots, etching, fading, or embedded contamination.

Results vary depending on age, material, prior maintenance, exposure, oxidation level, and substrate condition.

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7. Correction Work, Compounding, Sanding, and Restoration

When the approved scope includes oxidation removal, wet sanding, compounding, paint correction, heavy polishing, stain removal, adhesive removal, or restoration work, Customer understands that more aggressive processes involve increased risk due to the unknown thickness and condition of the surface being worked on.

Company will use reasonable professional judgment, but Company is not responsible for outcomes caused by pre-existing thin gelcoat, prior improper repairs, concealed failure, prior sanding, burn-through risk, mismatched finishes, or structural/surface conditions not apparent before work begins.

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8.Time and Materials / Variable Scope Work

Certain services, including but not limited to bottom sanding, oxidation removal, heavy compounding, stain removal, restoration, adhesive removal, surface preparation, and other corrective or exploratory work, may be quoted on a time and materials basis or as an estimate subject to adjustment.

Where the scope of work depends on actual vessel condition, hidden conditions, degree of buildup, prior repairs, coating thickness, contamination, or other factors not fully visible before work begins, any pricing provided is a good-faith estimate only and is not a fixed-price quote unless expressly stated in writing.

Customer agrees that final charges for time-and-materials work will be based on the actual labor hours worked, materials used, equipment used, subcontracted services if any, and related shop or service charges reasonably necessary to complete the work.

If Company determines that the work will materially exceed the original estimate, Company will make a reasonable effort to notify Customer and obtain approval before proceeding further, unless immediate action is reasonably necessary to protect the vessel, surrounding property, or work already in progress.

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9. Ceramic Coatings, Sealants, Waxes, and Protection Products

Any durability timeframe discussed for coatings, sealants, waxes, or protectants is an estimate only and depends on storage conditions, usage, wash methods, environmental exposure, water conditions, and owner maintenance.

Unless expressly stated in a separate written warranty, Company does not provide a guaranteed product lifespan or performance warranty. Any manufacturer warranty, if applicable, is limited to the manufacturer’s own terms.

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10. Weather and Force Majeure

Marine detailing work is weather-sensitive. Company may delay, pause, reschedule, or extend services due to rain, wind, temperature, humidity, storms, unsafe dock conditions, power issues, marina restrictions, or other conditions outside Company’s control.

Company is not liable for delays caused by weather, acts of God, marina operations, labor shortages, supplier issues, emergencies, or other causes beyond its reasonable control.

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11. Customer Removal of Personal Property

Customer shall remove valuables, electronics, loose gear, cash, weapons, documents, and personal items before service. The company is not responsible for loss of or damage to unsecured or undisclosed personal property left on the vessel. Reasonable fees may be incurred if excess personal property is interfering with our team's scope of work. The customer will be notified if an instance arises. 

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12. Photos and Documentation

Company may photograph or video the vessel before, during, and after service for job documentation, quality control, dispute resolution, training, or marketing purposes.

If Customer does not want the vessel used for marketing or social media, Customer must notify Company in writing before service begins.

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13. Change Orders / Additional Work

Any work requested outside the original approved scope may be treated as additional work and billed separately. Company may pause work until Customer approves revised pricing or a change order.

Verbal, text, or email approval from the Customer for additional work shall be sufficient authorization.
 

14. Cancellations and Rescheduling

Customer must provide at least forty-eight (48) hours’ notice to cancel or reschedule. Late cancellations may result in forfeiture of deposit and/or a cancellation fee of up to fifty percent (50%) of agreed upon work, especially where labor, travel, or materials were committed in reliance on the booking.

The company reserves the right to reschedule services when necessary due to weather, access limitations, equipment malfunction, employee illness, marina restrictions, or other operational reasons.
 

15. Limited Liability

To the fullest extent permitted by law, Company’s liability for any claim arising out of or relating to the services shall be limited to the amount actually paid by Customer for the specific services giving rise to the claim.

Company shall not be liable for indirect, incidental, special, consequential, punitive, or lost-use damages, including loss of boating time, storage costs, launch delays, marina charges, haul-out costs, travel costs, or lost profits.

Nothing in these Terms is intended to waive liability that cannot lawfully be limited under applicable law.

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16. Notice of Claims

Customer must inspect the vessel promptly upon completion and notify Company in writing of any alleged issue within 72 hours after completion of service. Failure to provide prompt written notice shall be deemed acceptance of the work to the extent permitted by law.

Company must be given a reasonable opportunity to inspect and, where appropriate, address any claimed deficiency before Customer hires another service provider or seeks chargebacks, offsets, or reimbursement. 

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17. Chargebacks and Payment Disputes

Customer agrees not to initiate a credit card chargeback or payment dispute without first notifying Company in writing of the issue and allowing Company a reasonable opportunity to review and respond.

Chargebacks made in bad faith or without prior notice may be pursued as unpaid balances.

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18. Collection Costs

Customer agrees to pay reasonable collection costs, court costs, and attorneys’ fees incurred by Company in collecting unpaid balances to the extent permitted by law and if awarded or enforceable under applicable law.

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19. Indemnification

Customer agrees to indemnify and hold Company harmless from claims, damages, or losses arising from unsafe working conditions, undisclosed hazards, marina rule violations attributable to Customer, inaccurate vessel information, or Customer’s breach of these Terms.

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20. Governing Law and Venue

These Terms and any dispute arising out of the services shall be governed by the laws of the State of Connecticut, without regard to conflict-of-law principles. Venue for any dispute shall lie in a court of competent jurisdiction located in Connecticut unless otherwise required by law.

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21. Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall remain in full force and effect to the fullest extent permitted by law.

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22. Entire Agreement

The accepted estimate, invoice, work order, service confirmation, and these Terms & Conditions together constitute the full agreement between Company and Customer and supersede prior discussions or understandings relating to the same services.

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23. Acceptance

Customer accepts these Terms by signing an estimate, approving services electronically, paying a deposit, paying an invoice, scheduling service after receiving an estimate containing a reference to these Terms, or otherwise authorizing Company to proceed.