KYLE'S MARINE REPAIR

Terms & Conditions of Service & Privacy Policy

Effective Date: January 1, 2026 | Annual Agreement Year 2026

ANNUAL AGREEMENT NOTICE: By signing or approving this Terms & Conditions of Service, the client agrees that this document governs all services performed by Kyle's Marine Repair for the calendar year 2026. A new agreement must be signed each January 1 to continue service under the then-current terms. This single annual signing satisfies all quote and estimate approval requirements for the year, unless material changes are made mid-year (in which case clients will be notified).

By requesting services, approving estimates/quotes, scheduling appointments, or accepting any invoice from Kyle's Marine Repair, the client acknowledges and accepts the following terms in full.

Quote & Estimate Validity

All estimates and quotes provided by Kyle's Marine Repair are valid for 15 days from the date the quote is sent and are subject to change after that period. Any pricing changes due to manufacturer price increases, tariffs, supply chain disruptions, or other unforeseen circumstances beyond Kyle's Marine Repair's reasonable control that affect the cost of parts or scope of work will be disclosed to the client as soon as they are identified. To proceed with scheduling, the client must approve and sign the quote. If a deposit is required, scheduling will not begin until the deposit has been received in full and the parts are delivered.

I. Labor and Hourly Rates

Estimates and quotes provided by Kyle's Marine Repair are typically bid by the job (unless otherwise specified) and reflect the known scope of work at the time of scheduling, diagnostics, or quote preparation. Any unforeseen conditions, hidden damage, access issues, additional failures, complications, or expanded scope discovered during service may be billed additionally on a Time-and-Materials (T&M) basis.

Standard Labor Rates (applied to job quotes, T&M work, and out-of-scope issues):

• Standard Rate: $175/hour

• Sanitation Systems (Toilet / Head / Sanitation work): $200/hour

• Emergency Service (same-day or next-day): $275/hour, 2.5-hour minimum, plus travel time

• After-Hours / Weekend Service (scheduled after 5:00 PM or on weekends): $275/hour, 2.5-hour minimum plus travel time

• Active Storm Response: $425/hour, 2.5-hour minimum

Travel Charges: Travel time may be billed when the job is more than 30 minutes from Daytona Beach. Travel is billed at $60/hour per technician in 15-minute increments when applicable. Travel charges are disclosed up front on the quote when applicable. If no travel charge appears on the quote, then no travel charge is being quoted for that scope.

Minor Overages: Minor overages, including less than 1.5 hours of additional labor or less than $150 in additional parts, may be billed automatically unless declined in writing before service begins.

Verbal, text-message, email, or in-person approval during time-sensitive work is valid authorization and may be billed on a time-and-materials basis.

II. Emergency Repairs, Necessaries & Automatic Authorization Under Maritime Law

In circumstances where a vessel faces imminent danger of sinking, flooding, fire, fuel or oil spill, loss of propulsion in hazardous waters, or other emergency requiring immediate action to prevent loss of life, property damage, or environmental pollution, Kyle's Marine Repair is authorized to perform necessary stabilization, repair, or mitigation work on a Time-and-Materials (T&M) basis without prior written quote or additional client approval.

Such work constitutes "necessaries" under the Maritime Lien Act (46 U.S.C. § 31301 et seq.) and is deemed authorized by the vessel owner or operator. The client remains fully responsible for all resulting charges. Kyle's Marine Repair reserves the right to assert a maritime lien for any unpaid amounts arising from the provision of such necessaries.

The client agrees that emergency or safety-critical work performed under these conditions does not require separate written authorization and waives any claim that such work was unauthorized. This protection applies regardless of whether the client is immediately reachable or has provided prior written approval for the specific actions taken.

III. General Service & Scheduling

A. Scheduling Policy

Kyle's Marine Repair schedules client work based on the order in which job approvals and payments are received, parts availability, technician routing, job urgency, weather conditions, and service locations. Priority is not based on customer history. Jobs requiring third-party coordination (haul-outs, divers, marina access, etc.) are subject to external scheduling limitations.

B. Emergency, After-Hours & Holiday Service

Emergency service requests (sudden system failures, active water intrusion, power loss, propulsion failure, compromised bilge/electrical systems, etc.) are scheduled at Kyle's Marine Repair's discretion and billed at the Emergency Rate ($275/hr, 2.5-hour minimum + travel). After-hours work (after 5:00 PM Monday–Friday or on weekends) is billed at the After-Hours Rate ($275/hr, 2.5-hour minimum + travel). Holiday service is billed at the Holiday Rate when scheduled on recognized holidays.

C. Cancellation, Rescheduling & No-Show Policy

• Cancellations made less than 48 hours before the scheduled appointment: $45 cancellation fee

• Cancellations made less than 24 hours before the scheduled appointment: $70 cancellation fee

• No-shows, denied access, unsafe access, missing keys, missing gate codes, locked compartments, inaccessible vessels, or blocked work areas: $95 fee or a 1-hour minimum labor charge (whichever is greater)

Cancellations, reschedules, or service-related changes submitted after business hours, on weekends, or on holidays are considered received at the start of the next business day. Kyle's Marine Repair does not monitor scheduling communications outside normal operating hours unless emergency arrangements have been made in advance.

D. Storm Services & Emergency Response

Storm preparation is performed on a best-effort basis only and does not guarantee vessel safety, storm survival, or prevention of damage. Emergency response (taking on water, fuel/oil spills, sinking risk, hazardous conditions, etc.) is billed on a time-and-materials basis plus a $75/hour hazard surcharge per technician on site. Active storm rates ($425/hr, 2.5-hour minimum) apply during active weather emergencies. The client agrees to hold harmless and indemnify Kyle's Marine Repair and all parties working on its behalf for emergency response outcomes to the fullest extent permitted by law.

III. Diagnostics, Client-Directed Work & Warranty

A. Diagnostic Appointments

Diagnostic visits cover up to 1.5 hours for the stated purpose of the visit and are non-refundable. Diagnostic time is not prorated or credited, even if the issue is discovered quickly. If the issue requires further investigation beyond the included time or expands in scope, additional time will be billed at the applicable hourly rate.

B. Client-Directed Repairs & Limited Warranty

If a client directs a specific repair or service without a formal diagnostic evaluation by Kyle's Marine Repair, the client assumes full responsibility for the outcome. Kyle's Marine Repair provides no guarantee or warranty that such repairs will resolve the underlying issue or function as expected. There is no warranty on client-directed repairs when Kyle's Marine Repair has not first performed and confirmed the diagnostic path.

C. Labor Warranty

Kyle's Marine Repair provides a 90-day labor warranty on parts provided and installed by Kyle's Marine Repair, excluding maintenance items, misuse, abuse, neglect, unrelated failures, environmental damage, improper operation, electrical issues outside the serviced component, and failures caused by third-party work. There is no labor warranty on client-supplied parts, used parts, refurbished parts, reused parts, or parts supplied by another vendor unless expressly stated in writing.

D. Vessel Condition Disclosure & Misrepresentation

The client is required to honestly and truthfully disclose the true condition of the vessel, its recent usage history, known issues, and any prior repairs or modifications. If Kyle's Marine Repair discovers that the client has materially misrepresented the vessel's condition or history (for example, claiming an engine was "running perfectly" when fuel contamination, tank sludge, clogged carburetors, or injectors are later discovered), Kyle's Marine Repair reserves the right, at its sole discretion, to immediately discontinue service. In such cases, the client will be billed for all time and materials expended up to the point of discovery, and any parts that have been ordered or paid for will remain with the client with no refund or credit issued. Kyle's Marine Repair will not be held responsible for any resulting delays, additional costs, or incomplete work caused by such non-disclosure.

IV. Parts, Storage & Abandonment

A. Part Orders, Returns & Restocking

All part orders are made specifically for the client's vessel and are subject to supplier rules. Canceled part orders, client-requested returns, or change-of-mind requests are subject to restocking fees of up to 35%.

Electronics, electrical components, sensors, modules, ECUs, fuel injectors, carburetors, sealed assemblies, and certain mechanical parts are strictly non-returnable and non-refundable once ordered or installed. In the event a client cancels an order or service after such parts have been procured, the client may take possession of the parts, but no refund, credit, or exchange will be issued under any circumstances.

B. Storage, Abandonment & Vessel Access

All invoices are due upon receipt once issued by Kyle's Marine Repair at the completion of work. Storage or holding fees may begin 3 days after invoice issuance when equipment, parts, or vessels remain in Kyle's Marine Repair's possession due to non-payment, lack of pickup, lack of access, or client delay. No equipment, parts, or vessels will be released until all open invoices and balances are paid in full. Unclaimed, abandoned, or unpaid vessels, equipment, or parts may be subject to lien, collection, storage, legal, or maritime remedies as allowed by applicable law (including Federal Maritime Law 46 U.S.C. § 31301 and Florida Statutes Chapter 713).

V. Legal, Lien & Communication Policy

A. Lien Rights & Enforcement

Kyle's Marine Repair may pursue all available collection rights and remedies for unpaid balances, including maritime lien rights where applicable. Notice of unpaid balance, intent to collect, or intent to pursue lien or legal remedies may be sent by email, text message, postal mail, or other reasonable communication method available in the client file. The client expressly agrees that digital delivery of such notice satisfies all requirements for intent to file under applicable federal and state laws.

B. Digital Communication & Payment Policy

By doing business with Kyle's Marine Repair, the client agrees to receive quotes, estimates, invoices, receipts, service notices, scheduling updates, and account communications by email and/or text message. Secure payment options may include credit card, debit card, ACH, and other approved electronic payment methods. Returned payments, failed payments, charge reversals, or declined authorized payments may incur a $100 penalty per instance. Repeated failed payments or payment disputes may result in account restrictions, prepayment requirements, stored-card requirements, or refusal of future service.

C. Defamation & Reputation

By accepting service from Kyle's Marine Repair, the client agrees not to slander, defame, or otherwise damage the reputation of the business, its staff, or technicians, including but not limited to posting inaccurate or malicious reviews online, misrepresenting facts on social media, or making negative claims to marina staff or other customers. Kyle's Marine Repair encourages professional communication and is committed to resolving legitimate disputes. Clients agree to contact us in writing and allow a reasonable opportunity for review and resolution before engaging in public criticism.

VI. Privacy Policy

Kyle's Marine Repair collects data only for the internal use of doing business with our clients.

• What personal information is collected: Name, Email, Phone, Vessel information, and other pertinent information related to your work request.

• How personal information is used: To fill out quotes, invoices, bill, and provide the requested client services.

• Who personal information is shared with: Kyle's Marine Repair does not sell or share personal information. All payments are processed through third-party payment providers; payment forms are not stored on our servers.

• SMS consent is not shared with third parties. By opting into SMS, you agree to receive messages from Kyle's Marine Repair (message frequency varies; message and data rates may apply). Reply STOP to opt out. Full privacy policy available at https://www.kylesmarine.com/contact.

The complete Terms & Conditions of Service are enforceable and binding to the extent permitted by law. The full policy is available at: https://www.kylesmarine.com/terms-conditions-of-service

Kyle's Marine Repair

Email: Service@kylesmarine.com | Phone: (904) 631-6611

Effective January 1, 2026 — Re-sign required annually each January 1