TERMS AND CONDITIONS OF SERVICES PROVIDED

MECHANICAL AND OTHER WORK:

Estimates are Performed on Visual Inspection Performed and Information Provided by the Owner. American Diesel Marine LLC is Not Responsible for Any Major Core Replacements if Cores Are Found Damaged. Once Service is Performed, an Additional Estimate Will Be Performed if Major Cores Are Found to be Defective. Job Description is Identical for (Both Main Engines/Generators)Estimate Will Be Performed on Historical Experience for Estimated Labor. Estimate is Performed on Current Smoke Status, Engine Hours, and Age of Vessel, Information Provided by the Captain, Engineer, Owner or Agent. No Extra Parts or Extra Labor Will Be Performed if Such Case May Arise Where Extra Parts or Labor is Required Outside the Scope of the Original Estimate. American Diesel Marine LLC is Not Responsible for Raw Water Intake System that Feeds the Raw Water System to Both Main Engines. The Boat is Responsible to Make Sure that the Raw Water Flow to Both Main Engines is Provided and Is In Good Operational and Serviceable Condition. American Diesel Marine LLC is Not Responsible for Contaminated Fuel. The Vessel is Responsible for the Fuel and the Fuel System and Return Fuel System to Both Main Engines, and that it is in Working Order and Free of Contamination, Water, Sludge, and Algae. American Diesel Marine LLC is Not Responsible for the Fuel Condition on Board. If Fuel Condition is Uncertain, American Diesel Marine LLC Recommends that Tanks are Cleaned and Fuel is Polished. The Vessel is Responsible to Make Sure the Batteries, Charging System, Cables, and Ends are in Good Serviceable Condition and is Operational. If Unsure, American Diesel Marine LLC Recommends Performing a Load Test on Batteries for (Both Main Engines/Generators) and Replace Where Needed. American Diesel Marine LLC, Recommends Replacing Cables Ends and Shrink Wrap that Appear Questionable. American Diesel Marine LLC is Not Responsible for the Engine Exhaust Apart from the Replacement Recommendations of the Exhaust Riser and Clamps. The Vessel is Responsible to Make Sure the Exhaust is in Good Working Order and Free of Internal or External Leaks that May Interfere or Compromises the (Main Engines/Generators)' Operations After Work is Performed and Completed. American Diesel Marine LLC is Not Responsible for Engine Room Ventilation Intake and Exhaust Fans. If Any of the Above are Not in Operational and/or Serviceable Condition, the Boat is Obligated to Ensure Repairs are Performed, Problems are Resolved, and Serviceable Conditions are Established. If on Re-Building of the Components that are Serviced or Re-Built At That Time the Cores Cannot Be Re-Built, That is Classified and Categorized as a Major Core. American Diesel Marine LLC is Not Responsible for Existing Engine Alignment Prior to Start of Work to be Performed. American Diesel Marine LLC is Not Responsible for the Vessel's Running Gear. y agreeing to proceed with this estimate via written method including email, letter, text message or a signature below you (the owner or owners' representative) commit to the payment schedule and terms and conditions stated below between yourself and American Diesel Marine LLC LLC. You acknowledge that the job description included in this estimate may not solely result in serviceable condition machinery. Additional work outside of this estimate found upon pull down may be required to produce serviceable condition machinery. American Diesel Marine LLC LLC timelines and schedules can only be estimated, not guaranteed and are subject to weather, interference, vessel’s subcontractor delay or lack of payment. American Diesel Marine LLC LLC is not responsible for theft. We do not own or operate the yard nor the work location, we are only a vender. We strongly advise to remove any items or place anything of value in safe. Yard Fees, Crane fees, Forklift fees and Electric, waste removal are NOT included, unless otherwise specified within the contract. All these fees are paid directly to shipyard. Paint Clause: American Diesel Marine LLC will not be held responsible for any peeling paint that we apply tape to the surface, as that is lack of proper preparation. Also, we will not be held responsible for any corroded or blistered areas that we have to apply tape too. The vessel owner, whether corporate or individual, his heirs, successors, insurers and/or assigns hereby expressly release, acquit, discharge, indemnify and hold harmless American Diesel Marine LLC LLC, Inc, its officers, employees, agents, insurers, successors, contractors, subcontractors and/or assigns of and from all claims for damage to the vessel, its engines, equipment and appurtenances, damage to his property and injury to himself and/or any other individual on or around the vessel arising from duties assumed under this agreement, including, but not limited to, fire, theft, vandalism, water damage, collision, wind, rain and/or storm damage, whether from a named storm or not, whether attributable in whole or in part to the fault, neglect, omission and/or negligence of American Diesel Marine LLC LLC Inc, its officers, employees, agents, insurers, successors, contractors, subcontractors and/or assigns. Further, American Diesel Marine LLC LLC, Inc. shall not be liable for any consequential, incidental or specific damages, including loss of use vessel of any kind or type whatsoever

PAYMENT:

Consider this estimate also as a Deposit Request. See payment options below.

The balance of the estimated amount is due prior to sea trial or dispatch of parts unless otherwise stipulated in the above estimate. Warranty is not valid until final payment has been received. Invoices will be due immediately. It is understood and agreed that upon signing of this agreement, American Diesel Marine LLC has the right to seize the vessel immediately for non payment of work undertaken by American Diesel Marine LLC. 10% interest will be calculated on the total balance due and charged at a daily rate to any invoice that is overdue. It is at the discretion of ADM to add this late fee to overdue invoices. Any unpaid invoices over 14 days will be forwarded to a debt collector and a lien will be placed on the vessel until the invoice is paid in full. A one day notice after this 14 day period will be provided by ADM to the customer. Once the job has commenced and deposit received; invoices for work and parts incurred will be issued weekly to the customer. Invoices will be due immediately until 10% of the entire estimated job is remaining which will be due prior to SEA TRIAL.

All deposits are non-refundable. Deposits are used to secure scheduling and cover initial planning, administrative, part purchase, labor commencement and procurement costs. No exceptions will be made.

Payments in the form of credit cards for any purchase over $2000 are not accepted. Amex is not accepted. All credit or debit cards incur a 3.5% transaction fee and will be added to your invoice at the time of issue. All payments over $2000 shall be made via wire transfer or direct deposit only. If a refund is approved and is payable by ADM to the customer, there is not limit on the time frame or method such refund is provided. Amex is not accepted under any circumstance.

International wire transfers incur a $25 flat rate fee. Please ensure you add this to the amount due prior to initiating the wire.

Approval Through Payment
Payment of any invoice by the customer shall constitute acknowledgment and approval that all listed work and products have been provided and/or performed to the customer’s satisfaction. No further claims or disputes will be accepted regarding the scope or completion of work once payment is received.

Cancellation or Amendements
If a project is cancelled, amended, altered, or otherwise changed after work has commenced, a balance invoice will be issued to reflect any adjustments to the account, including labor, materials, and services performed up to that point. This invoice will be due in accordance with the payment terms outlined herein. Payment of any invoice is also approval the work or product identified in that invoice has been received.

This is including but not limited to, hotel accommodations, gas, meals, flights, car rental, technician travel time and labor incurred. Travel time is charged at $95 per hour or a $750 daily rate for each technician and 0.58c per mile for vehicle gas and maintenance outside Broward County. - All travel expenses are to be paid in advance with the vendor or to ADM prior to departure of any ADM technician.

OVERTIME LABOR

Any labor incurred out of opening hours 8am - 5pm Monday to Friday will be charged to the customer as time and a half normal hourly rate. On public holidays labor will be charged to the customer at double time the normal hourly rate.

FREIGHT:

Quote based on est. pcs & wgt, final pricing may change due to actual or DIM weight and current air freight forwarder current pricing. Quotes expire after 7 days unless otherwise specified by the office providing it. Additional fees may apply for freight pick up that will be applied to the final invoice. Terms and Conditions as noted per company website. Please reference this quote number a time of pickup to ensure proper rating.

PARTS:

All prices for parts included in our estimates have an expiry date of 14 days. Prices will be reviewed if an order is placed after this time. All parts excluding custom items, cut hoses and specialty items are refundable within 30 days of receipt with original packaging, receipt and in undamaged workable condition only upon prior approval from American Diesel Marine LLC. Freight cost to return a part is at the customers expense unless part is faulty or damaged upon arrival. Proof of this is required. A restocking fee may apply to the particular part being exchanged or refunded at the manufacturers discretion. American Diesel Marine LLC is not responsible for any core defects found upon pull down. Refunds are not guaranteed and if approved the time to provide such refund is not constrained.

MARKETING:

You agree to allow American Diesel Marine LLC LLC to use your yacht, the work performed on it by American Diesel Marine LLC as marketing content in the form of photos and/or video. The yachts and owners name will not be used in any marketing content unless permission has otherwise been granted by you. You provide permission for American Diesel Marine LLC to send marketing promotions to your email provided.

WARRANTY

Warranty may vary depending on the job description performed. Job description: Service work60 days = Private vessels. 30 days = Commercial vessels60 days warranty on only parts and labor to remove and replace parts as per job description included in Estimate provided. Job Description: Top end overhauls6 months or 500 hrs = Private vessels. 3 months or 250 hrs = Commercial vessels6 month or 500 hr & 3 months or 250 hrs, whatever comes first warranty provided on only parts and labor performed as per job description in Estimate provided. Job Description: Inframe and out of frame overhauls12 months or 500 hrs = Private vessels. 6 months or 250 hrs = Commercial vessels12 months or 500 hr & 6 months or 250 hrs, whatever comes first warranty provided on only parts and labor performed as per job description in Estimate provided. No warranty is provided for gas inboard engine work. Warranty varies depending on outboard repair work performed. Please discuss warranty for your gas outboard with American Diesel Marine LLC prior to commencing. Warranty for all parts is based on the manufacturers terms and condition. Enquire if your parts have a warranty prior to purchasing (typically most parts come with a 30 day warranty). No warranty is provided in aftermarket / remanufactured parts. No warranty is provided on gas engines. 30 day warranty exists for all labor performed. Warranty is not valid until final payment has been received and a successful sea trial or test is performed. If warranty is to be performed outside Broward County, Miami Dade County and Palm Beach County in Florida, all travel costs are to be provided by the customer. Limited warranty does not cover domestic travel, mileage, airfare expenses, fuel charges, travel expenses, accomodation, freight, dockage fees, boatyard fees and all other add on fees. USAME will not be responsible for cancellation, lost revenue past, current or future and any other costs whatsoever relating to charters, machinery neglect or lack of maintenance or operator errors. Throughout the 12 month warranty period for engine overhauls it is the customers responsibility to service all machinery as required at designated hours. Failure to do so will void the warranty. Proof of required servicing is required and submitted to American Diesel Marine LLC. Warranty is not transferable to new vessel owners. Warranty is only provided after the final balance payment is received in full. Also understood and agreed that from time to time as jobs necesitate, American Diesel Marine LLC LLC does employ subcontractors in various fields. When subcontractors are utilized, any warranties or issues shall be the responsibility of said subcontractors and their own insurance policies first.

DISPUTES

Florida Law and jurisdiction. It is acknowledged that this Agreement was executed in and shall be construed and governed in accordance with the laws of the State of Florida and the rules, orders and regulations of the Office in effect at the time of the execution of this Agreement. In the event of any conflict between such laws, rules, orders and regulations and Subsection 627.351(6), the provisions of that Subsection govern, If any legal action is filed pursuant to this agreement such action must be filed in a court of competent jurisdiction in Broward County Florida. Client agrees in the event of any dispute that the client and American Diesel Marine LLC will first participate in arbitration and all expenses shall be shared equally between the two parties before any litigation can be filed.

INSURANCE

American Diesel Marine LLC holds workers compensation and general liability insurance within the state of Florida. Additional coverage and fees will be applicable if your job is performed outside the state of Florida.

CLIENT ACKNOWLEDGEMENT

For your protection and transparency American Diesel Marine LLC utilizes "WhatsApp" as a communication device to give the client complete transparency. Once American Diesel Marine LLC receives the deposit to commence work, American Diesel Marine LLC will then create this line of group communication between the appointed client representative and all Office Staff in regards to what was listed above but not limited to: -Any Pictures Relative to Progression of Work Being Performed-Direct and Efficient Communication if Any Issues Outside of the Estimate Are Found

-If Any Issues Are to Arise, Communication Between the Client and Our Staff will be established to confirm we have acknowledgment and permission to perform the extra work needed.

-Copies of Extra Work Estimates. This process is to ensure productivity and to create a line of communication between American Diesel Marine LLC and the Client Directly. It is the Client's responsibility to acknowledge the group communication created to ensure that there is an open line of communication once the Estimate has been approved and executed to prevent any and all discrepancies throughout the job description being performed. Client acknowledgement and approval can be provided by text message, email, phone call or mail for any approval to proceed with estimates and invoices, payment of invoices is approval of its contents, a signed agreement is preferred however under this agreement of engagement the other forms of approval are also accepted.

HOLD HARMLESS

This Agreement must be signed by either the Owner or by the vessel’s master captain, manager or other person presumed to have authority to procure “necessaries” under Title 46 USC§31341(a). All prior statements and representations made by American Diesel Marine LLC are merged into this Agreement so that it encompasses the full understanding of the Parties. Amendments to this Agreement must be in writing and signed by the Parties. If a Court declares that 1 or more of the terms or conditions of this Agreement are void or unenforceable for any reason, then the remaining terms and conditions shall survive and be fully enforceable. No act or forbearance by American Diesel Marine LLC LLC shall be deemed a waiver of any terms or conditions of this Agreement. American Diesel Marine LLC pursuit of any one of the remedies set forth herein shall not preclude it from pursuing any of the other remedies provided under this Agreement. American Diesel Marine LLC reserves the right to terminate this Agreement upon (5) days’ notice. Indemnity and Hold Harmless Agreement. Owner shall indemnify and hold harmless American Diesel Marine LLC, its members, managing members, managers, employees and agents from and against any and all claims and causes of action of every kind arising from any and all physical or emotional injuries, death and/or damages caused primarily by the negligence or fault of Owner, its employees including the vessel's captain and crew, guests, agents and independent contractors. The term contained in this paragraph is governed by Florida law. Paramount Exclusion of Consequential, Special and Punitive Damages. Under no circumstances shall American Diesel Marine LLC be liable for consequential or special damages such as: loss of use of the vessel; loss of charter hire; the cost of chartering or hiring a replacement vessel; diminution in the vessel’s fair market value; demurrage charges; loss of pre-paid transportation expenses for the vessel; captain and crew wages; captain and crew repatriation expenses; surveyor’s fees; expert witnesses’ fees; salvage expenses; and sue and labor expenses. Owner waives its right to recover consequential damages, special damages or punitive damages from American Diesel Marine LLC. Terms of this paragraph are governed by Florida law. In the event of an emergency, American Diesel Marine LLC may hire a contractor to perform necessary vessel repairs without Owner’s prior written consent. American Diesel Marine LLC LLC reserves the right to move or haul-out the vessel if, in the opinion of American Diesel Marine LLC, an emergency arises making such action necessary. Owner agrees to pay for American Diesel Marine LLC LLC, services provided under exigent circumstances at the prevailing rates. Owner also agrees to pay the contractors for their work at their prevailing rates, which was requested by American Diesel Marine LLC under exigent circumstances. American Diesel Marine LLC, however, does not undertake a duty to inspect or monitor the Owner’s vessel. American Diesel Marine LLC does not undertake a duty to arrange emergency repairs to the Owner’s vessel. The terms of this paragraph are governed by Florida la. American Diesel Marine LLC Lien against the Vessel for Necessaries. The Commercial Instruments and Maritime Liens Act, Title 46 U.S.C. § 31301 et. seq. (the “Act”), provides American Diesel Marine LLC a preferred maritime lien against the vessel, including its engines, tenders, personal watercraft, furniture, furnishings, fishing tackle and appurtenances for work, services and/or supplies (i.e. “necessaries”) provided to the vessel. Under the federal maritime law, American Diesel Marine LLC preferred maritime lien exists the moment this Agreement is signed. American Diesel Marine has the statutory right to sue the vessel in-rem to foreclose its preferred maritime lien. The in-rem suit shall be filed in the federal district court that has jurisdiction over the area where the vessel is physically located. The Act also allows American Diesel Marine LLC to sue the Owner to recover the amount due for necessaries provided to the vessel. The Parties agree that American Diesel Marine LLC is entitled to recover all of its court costs, including custodian legit expenses, from the vessel in rem and/or the Owner in person if American Diesel Marine LLC recovers a minimum of $1.00 on its claim. As a prevailing party, American Diesel Marine LLC shall also be entitled to recover its reasonable attorney’s fees and litigation expenses from the vessel under a Supplemental Admiralty Rule B attachment. The terms of this paragraph are governed by the Commercial Instruments and Maritime Liens Act, Title 46 USC §31301 et. seq, and federal maritime law. Any damages sustained due to wind and/or heavy rain is not the responsibility of American Diesel Marine LLC LLC. Any fees associated with securing, dismantling and/or re-erecting scaffolding will be the responsibility of the customer.