2019-2020 WINTER STORAGE CONTRACT

TERMS & CONDITIONS

OWNER AND/OR AGENT REPRESENTING OWNER (HEREAFTER "OWNER") AGREES:

1. To remove from the boat and take with him all readily removable and loose accessories, gear and equipment, prior to the time it is hauled. 

2. During winter storage, electrical power will not be connected to or used in connection with the boat unless owner or his agent is personally on board and working on the boat. Engines will not be started at any time inside the storage building.

3. To notify Port of Egypt Marine, Inc. (Hereafter POEM) in writing of any change in ownership or status. Such written notice will not relieve the owner of his obligations hereunder. The rights granted hereunder are not transferable without the written consent of POEM. 

4. If the boat is not removed from inside storage by April 1st, for any reasons except those directly the fault of POEM, to pay a storage charge of $300 per month beyond April 1st. In addition, any boat stored outside for the winter or moved outside after inside winter storage is over, April 1st, and not launched by April 1st, will be charged $300 per month for outside storage. 

5. Without first obtaining POEM's written permission, which shall not be unreasonably withheld, no outside labor, except the owner's family, relatives, or full-time captain, shall be permitted or allowed to work on or to service the boat, its gear and equipment, while stored under this contract. It shall be the owner's sole responsibility to protect all other boats stored or located on the premises from any damage resulting from work being performed in, on, or around Owner's boat. 

6. To keep the space allotted to him in a neat and orderly condition and free from anything which is a fire hazard; not to place or store gasoline, paint, paper, combustible material, or similar debris in the boat or in the space provided, except for gas contained in the boat's gas tank(s), and he will strictly comply with the rules and regulations that shall from time to time be posted by POEM and to at all times comply with all police, fire and sanitary regulations and with the ordinances of the Town of Southold and the laws of the County of Suffolk and the State of New York while in and about the property of POEM.

7. POEM will, under no circumstances, be responsible for loss or damage to the boat by fire, water, wind power failure, theft, civil disturbance, acts of God, freezing or ice conditions, or any other reason beyond the reasonable control of POEM, further, POEM will not be responsible for personal injury to the boat owner or his agent or to anyone they may invite on the boat or premises; and the owner and/or his agent understands that this marina carries no insurance to protect the tenant against this liability, and the relationship between the parties is one of Landlord and Tenant and this marina is not a warehousemen; nor will POEM be responsible for loss of any articles, gear, accessories and equipment that may be left on the boat or anywhere on the premises; and boat owner and his agent do hereby expressly release POEM and waive all rights and claims against it for loss, damages, or injuries sustained by them or their property while on the premises of POEM, and they hereby agree to save POEM harmless from any and all liability from loss, injury or damage to persons or property who or which the boat owner or his agent may invite to bring on the premises, as well as all costs and expenses which POEM may incur in connection therewith, including but not limited to actual attorneys fees. 

8. To be solely responsible for the boat from and after the time is has been launched including inspection of the boat from time to time to ascertain whether or not it is taking on water. 

9. Owner/agent acknowledges that POEM does not supply ladders for any purpose and the use of any ladders found on the premises shall be at Owners/Agents sole risk. 

10. In the event he or any invitee of his shall fail to comply with or perform any of the conditions or agreements herein undertaken, or shall fail to observe the general rules and regulations, or shall act in such a manner as to be a nuisance or unreasonably disturb others, POEM shall have the right to cancel this contract immediately and forthwith terminate all privileges granted herein. Upon said notice, he will immediately give up possession of said space and remove the boat, its equipment and all other property therefrom. Should said owner choose to leave prior to the end of the season, POEM is under no obligation to refund the unused portion of payment. Upon the expiration of 7 days from the date of mailing or posting said notice, POEM without further notice, may remove said boat and any property of any kind therein and put out and leave the same at any place POEM may determine at the full risk of the boat owner. Owner agrees to reimburse POEM for the cost of said removal.

11. POEM shall have the right of lien against the boat for storage charges, and other charges set forth herein. FINANCE CHARGES, and all other sums, including charges at POEM's store, due from boat owner or his agent or assigns to POEM. In no event shall the boat be launched or removed from storage prior to the payment of all said charges in full.

12.  Liability for damage to or loss of the boat and its contents occurring during removal or launching operations is limited to the market value of said boat or the cost of the repair of the boat whichever is the lesser of the two. Liability for damage to or loss of the boat, its contents and its cradle or trailer, occurring at any time other than during removal or launching operations is limited to $200 per foot of length. POEM shall not be responsible for any loss or damage caused by or resulting from delay, loss of market or use, interruption of business or other consequential loss extending beyond the direct physical loss of or damage to the boat, its contents, and its cradle or trailer. 

13. (a) Claims under this Agreement must be presented in writing to POEM within a reasonable time, and in no event longer than 30 days after delivery of the goods by POEM or 30 days after the Owner/Agent is notified by POEM that loss or injury to part or all of the goods occurred, whichever time is shorter. (b) No action may be maintained by the Owner/Agent or others against POEM for loss or injury to the goods stored unless timely written claim has been given as provided in paragraph (a) of this section and unless such action is commenced either within twelve months after the date of delivery or within twelve months after notification of loss or injury, whichever is shorter. (c) When goods have not been delivered, notice may be given of known loss or injury to the boat by mailing a registered or certified letter to the Owner. Time limitations for presentation of claim in writing and maintaining of action after notice by mail begin on the date of mailing such notice by POEM. 

14. That invoices are payable and due when rendered. A FINANCE CHARGE will apply to any Balance remaining unpaid ten (10) days after invoice is rendered. The Unpaid Balance, on which the FINANCE CHARG=E will be computed is determined by deducting all payments received. FINANCE CHARGES, when applicable, are computed by applying a 2.0% monthly periodic rate, Twenty-four Percent Annual Rate to the unpaid previous balance. A minimum FINANCE CHARGE of Fifty Cents ($.50) is applicable to unpaid previous balance of less than Twenty Dollars ($20). Each payment shall be first applied to the payment of any FINANCE CHARGE unpaid. All FINANCE CHARGES hereunder are agreed to be a Time Price differential. 

15. This Agreement shall be interpreted under and in accordance with the laws of the State of New York, and nothing contained herein shall be construed as a waiver of any rights POEM may have. All pronouns used herein shall be construed to be masculine, feminine, or neuter, as the context shall require. If any portion of this contract is deemed invalid or unenforceable, then to the extent possible, all other parts of this contract shall be interpreted so as to be enforceable, and the same shall remain in full force and effect. The Agreement shall be binding upon and insure to the benefit of the successors and assigns of the parties hereto.

16. That due to our insurance policy regulation, no work by customers shall be done on boats stored inside.

17. In the event that any amounts due under this contract are not paid when due and the matter is referred to counsel for collection the boat owner shall be further liable for reasonable attorney's tee for collection. Storage period runs from November 1 - April 1.

18. That a charge of Ten Dollars ($10) per day will be made for use of electricity by owners performing maintenance on their boats. 

19. That launching and hauling on Saturday and Sunday will be at yard's option.

20. Owners shall advise the Yard if the boat stored in the yard is "For Sale". No "For Sale" signs will be allowed on boats, to prevent unwanted trespassers. Any sales originating from the yard, must comply with POEM's brokerage procedures.