Kyle's Marine Repair
Terms & Conditions of Service & Privacy Policy
Effective Date: January 1, 2026 | Annual Agreement Year 2026
ANNUAL AGREEMENT NOTICE
This Terms & Conditions of Service automatically renews each calendar year (January 1) without requiring a new signature, unless Kyle's Marine Repair makes material changes to these terms. In the event of material changes, clients will be notified and a new signature will be required to continue service under the updated terms.
By approving any estimate, quote, or invoice (or making payment or deposit on any estimate, quote or invoice), the client acknowledges and agrees to be bound by these Terms & Conditions of Service. This single annual agreement satisfies all quote and estimate approval requirements for the year.
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. Pricing is subject to change after quote approval due to manufacturer price increases, tariffs, supply chain disruptions, shipping/freight cost changes, or other unforeseen circumstances beyond Kyle's Marine Repair's reasonable control. Any such changes will be disclosed to the client as soon as they are identified.
Kyle's Marine Repair is not responsible for delays caused by suppliers, shipping carriers, or circumstances outside of its control. 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 parts have been received.
Refund, Cancellation & Processing Fees
A 5% processing fee applies to all refunds and cancellations when the cancellation or refund request is initiated by the client or for reasons outside of Kyle's Marine Repair's control. This fee covers non-refundable payment processing costs incurred on the original transaction. This 5% processing fee also applies to any remaining labor balance refunds.
Certain parts and materials are strictly non-refundable, including but not limited to: air conditioning systems, electronics, electrical components, fuel, sealed assemblies, and any parts that have been opened, installed, or specially ordered. In the event a client terminates services after such parts have been procured or installed, no refund will be issued. The parts will be provided to the client, and the client remains responsible for any remaining balance. Refunds on unused or cancelled parts may also be subject to restocking fees of up to 35%.
Payment Authorization & Timing
By providing a credit card or other payment method and authorizing Kyle's Marine Repair to store it on file, the client authorizes Kyle's Marine Repair to charge the saved payment method upon completion of the work as determined by Kyle's Marine Repair. The client agrees that payment is due at the time Kyle's Marine Repair deems the job complete, unless otherwise expressly stated in the quote or estimate. The client may not withhold payment or demand additional inspection beyond what is reasonably required under the quoted scope of work prior to payment being processed.
Late Payment Fees
All invoices are due upon receipt. Kyle's Marine Repair provides a 3-business-day grace period from the date the invoice is issued before late fees may be assessed.
After the grace period, late fees may be charged on any unpaid balance. Late fees may be assessed as a monthly late fee of 1.5% per month (18% annually) on the outstanding balance.
Late fees may continue to accrue on a monthly basis on any remaining unpaid balance until the invoice is paid in full.
Enforcement of late fees is at the sole discretion of Kyle's Marine Repair. The client acknowledges and agrees that late fees may be applied (or waived) on a case-by-case basis at Kyle's Marine Repair's sole discretion, and by accepting services or making payment on any invoice, the client understands and agrees to these terms.
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 + travel)
• After-Hours / Weekend Service (scheduled after 5:00 PM or on weekends): $275/hour (2.5-hour minimum + travel)
• 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. If no travel charge appears on the quote, then no travel charge is being quoted for that scope.
Minor Overages & Verbal Authorizations: 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. 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.
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. 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: $95 cancellation fee
• No-shows, denied access, unsafe access, missing keys, missing gate codes, locked compartments, inaccessible vessels, or blocked work areas: 1-hour minimum labor charge due at the time of service before any additional work is performed
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.
C. 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 at $275/hr, 2.5-hour minimum with travel time, and after the minimum charge on a time-and-materials basis plus an optional $75/hour hazard surcharge per technician on site depending on the emergency. 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.
IV. Diagnostics, Client-Directed Work & Warranty
A. Diagnostic Appointments
Diagnostic visits cover up to 1 hour for the stated purpose of the visit and are non-refundable. Diagnostic time is not prorated or credited. 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 without a formal diagnostic by Kyle's Marine Repair, the client assumes full responsibility for the outcome. Kyle's Marine Repair provides no guarantee or warranty on client-directed repairs.
C. Labor Warranty
Kyle's Marine Repair provides a 90-day labor warranty on parts provided and installed by us up to $500 in labor costs(excluding maintenance items, misuse, abuse, neglect, unrelated failures, environmental damage, improper operation, electrical issues outside the serviced component, failures caused by third-party work, and client-supplied, used, refurbished, or re-used parts). There is no warranty on client-supplied or used parts unless expressly stated in writing.
D. Parts Warranty & Manufacturer Claims
Parts installed by Kyle’s Marine Repair may be subject to the individual manufacturer’s warranty policy and approval process. Kyle’s Marine Repair does not independently warrant manufacturer defects or failures beyond applicable labor warranty terms expressly stated herein.
Any warranty claim involving a failed or defective component must first be reviewed and approved by the manufacturer and/or supplier prior to warranty labor being performed under manufacturer coverage. Client acknowledges that warranty determinations are made solely by the manufacturer or supplier, and not by Kyle’s Marine Repair.
If immediate repairs are requested prior to manufacturer warranty authorization, Client agrees to pay all associated labor, travel, haul-out, diagnostic, shipping, and related costs in advance. Any reimbursement, credit, or warranty compensation approved by the manufacturer shall be handled directly through the applicable manufacturer warranty process and is not guaranteed by Kyle’s Marine Repair.
Warranty consideration may require inspection, testing, return shipment, photographs, data logs, or additional diagnostics as required by the manufacturer. Kyle’s Marine Repair is not responsible for delays, denials, prorated coverage, shipping costs, consequential damages, loss of use, towing, haul-outs, lodging, trip interruption, or other incidental expenses related to manufacturer warranty claims.
Additionally, Kyle’s Marine Repair cannot provide labor warranty support, warranty inspection, or manufacturer claim facilitation for vessels that have departed or are otherwise located outside of our normal service area, where inspection and verification of the installed components and surrounding systems cannot reasonably be performed. Any out-of-area warranty-related service may be denied or billed at applicable travel and service rates at our sole discretion.
E. Vessel Condition Disclosure & Misrepresentation
The client must honestly disclose the true condition of the vessel, its recent usage history, known issues, and any prior repairs or modifications. If material misrepresentation is discovered, Kyle's Marine Repair reserves the right to discontinue service and bill for all time and materials expended up to that point with no refund on parts. All parts will be left onboard the vessel for the client. Kyle's Marine Repair will not be held responsible for any resulting delays, additional costs, or incomplete work caused by such non-disclosure or new findings.
V. Parts, Storage & Abandonment
A. Part Orders, Returns & Restocking
All part orders are made specifically for the client's vessel. Canceled part orders or change-of-mind returns are subject to restocking fees of up to 35%. Air Conditioners, 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.
B. Storage, Abandonment & Vessel Access
All invoices are due upon receipt. Storage or holding fees may begin 3 days after invoice issuance when equipment, parts, or vessels remain due to non-payment or client delay. No equipment, parts, or vessels will be released until all balances are paid in full. Unclaimed or unpaid items may be subject to lien, collection, storage, or maritime remedies as allowed by law (including 46 U.S.C. § 31301 and Florida Statutes Chapter 713).
VI. Legal, Lien & Communication Policy
A. Lien Rights & Enforcement
Kyle's Marine Repair may enforce maritime liens and all other legal remedies for unpaid balances. Notice may be sent by email, text, or other reasonable methods. Digital delivery satisfies legal notice requirements.
B. Digital Communication & Payment Policy
By doing business with us, the client agrees to receive all communications by email and/or text. Returned or failed payments incur a $100 penalty per instance. Repeated issues may result in prepayment requirements or refusal of future service.
C. Payment for Services Rendered
In the event of any dispute, cancellation, termination, or refusal to pay, Kyle's Marine Repair shall be entitled to the reasonable value of all labor, services, materials, parts, and good-faith work provided up to that date, regardless of whether the job was completed.
D. Dispute Resolution and Binding Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms & Conditions, any quote, estimate, invoice, or services provided shall be resolved exclusively by binding arbitration in Volusia County, Florida, under the rules of the American Arbitration Association. The client agrees not to file any lawsuit until arbitration is completed. The prevailing party shall be entitled to recover reasonable attorney’s fees and costs. The client waives any right to a jury trial.
E. 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.
F. Client Conduct and Right to Terminate Services
Kyle's Marine Repair reserves the right to immediately terminate all services and refuse future service for verbal abuse, threats, harassment, intimidation, slander, defamation, or any inappropriate behavior. In the event of termination:
• All work ceases immediately.
• Any parts paid for via deposit will be left on the vessel or at a designated location for pickup.
• Any time spent on closing out the job will be billable at the rate on that quote.
• All time spent on the vessel up to this point will be billable at standard rates as time and materials and due in full immediately.
• Client authorizes Kyle's Marine Repair to bill for all un-billed accrued time and materials on any cards or payment methods saved on file.
G. Refusal of Access or Material Changes to Scope of Work
The client is responsible for providing timely and continuous access to the vessel. In the event the client denies access, refuses access, or materially changes the scope of work beyond what was originally agreed (including custom requests or modifications outside OEM specifications), the full quoted balance (or the reasonable value of all time and materials expended) shall become immediately due and payable in full, regardless of whether the project is completed.
H. Severability
If any provision is held invalid, the remaining provisions remain in full force and effect.
VII. 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 through 3rd party payment providers and payment forms are not stored on our servers.
• SMS consent: SMS consent is not shared with third parties. By opting into SMS, you agree to receive messages from Kyle's Marine Repair (message and data rates may apply). Reply STOP to opt out.
This summary is provided for convenience only. The complete Terms & Conditions of Service are enforceable and binding to the extent permitted by law. Please review the full policy at: https://www.kylesmarine.com/terms-conditions-of-service
Kyle's Marine Repair
1516 State Ave Unit G, Holly Hill, FL 32117
Email: service@kylesmarine.com | Phone: (904) 631-6611 | Text: (904) 789-5140
Serving Daytona Beach and surrounding Florida locations.