{"id":"court_ctb_890_3","court":"CTB","case_no":"22-50073","doc_number":890,"sub_number":3,"doc_type":"EXHIBIT","filed_date":"2022-08-11","title":"EXHIBIT PAX 03 Exhibit B to Repair Reserve Motion (Bridgeport Boatworks Haul Out Estimate)","summary_zh":null,"summary_en":null,"body_en":"# **EXHIBIT PAX 03**\n\nExhibit B to Repair Reserve Motion (Bridgeport Boatworks Haul Out Estimate)\n\n# **EXHIBIT B**\n\nBridgeport Boatworks 731 SeaviewAve Bridgeport,CT06607 United States (860) 536-9651\n\nLADY MAY- HAUL OUT 2022 **ID:** 6240\n\n| Contact                  | Vessel                         |\n|--------------------------|--------------------------------|\n| Lloyd Benard             | Lady May                       |\n| captain@yachtladymay.com | Dimensions: 151 ' x 32 ' x 7 ' |\n| 1 3057994799             | Make: Feadship                 |\n|                          | Weight: 0                      |\n|                          |                                |\n\n# **1. 700 Haul & Launch Up To 330T Or Max 150' BB \\$13,117.52**\n\n# Labor **Rate** Qty **Total** 700 Haul & Launch Up To 430T Max 180' BB \\$55.00 Per Foot 151 ft \\$8,305.00 N Blocking \\$7 Per Foot BB \\$7.00 Per Foot flat 151 \\$1,057.00 N Diver Fee BB \\$1,600.00 Flat Fee 1 \\$1,600.00 N Naval Architect BB \\$1,500.00 Flat Fee 1 \\$1,500.00 N\n\n| Part |                      |                               |                     | Qty<br>Rate             |               | Total                |\n|------|----------------------|-------------------------------|---------------------|-------------------------|---------------|----------------------|\n|      | Blocking Materials   |                               |                     | \\$1.00                  | 151           | \\$151.00 N           |\n|      | Charge               |                               |                     | Rate                    | Qty           | Total                |\n|      |                      | Environmental & Safety Fee BB |                     | 4% (Parts and Labor)    | 1             | \\$504.52 N           |\n|      | Labor<br>\\$12,462.00 | Parts<br>\\$151.00             | Charges<br>\\$504.52 | Subtotal<br>\\$13,117.52 | Tax<br>\\$0.00 | Total<br>\\$13,117.52 |\n\n# **Terms and Conditions**\n\nWe are pleased to provide this Estimate for repair work on your vessel.\n\nThis BudgetaryEstimate is based upon our inspection of your vessel, information that you have provided to us, and our experience regarding similar vessels and work. It is possible that defective parts or other issues with your vessel will be discovered after our work has begun and, for these reasons, this Estimate does not include additional parts or labor that maybe required after the job has begun. We will notifyyou of any such issues if theyshould arise. Tax, Environental and Subcontractor charges maybe additional if applicable.\n\nThe pricing set forth in this Estimate is based on the assumptions, exclusions and scope ofwork set forth herein, and is valid for fourteen (14) days from the date of the Estimate.\n\nYour acceptance of this Estimate is subject to the terms and conditions attached hereto as Exhibit A.\n\nAdeposit is required at the time of approval,with the balance and anyadditional charges due upon completion.\n\n| Apayment schedule will be provided byBridgeport Boatworks, laying out the estimated expenses for the upcoming |\n|---------------------------------------------------------------------------------------------------------------|\n| months work. This will allowthe customer to budget/make payment on a monthlybasis and keep account in the     |\n| positive at all times.                                                                                        |\n\nShould this Estimate and Terms and Conditions meetwith your approval, kindlysign and return at your earliest convenience. If you have anyquestions or concerns, please do not hesitate to contact us.\n\n#### Sincerely,\n\nBridgeport Boatworks Representative\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\nCustomer Signatur Printed Nam Dat\n\n#### **Notice**\n\nThis Estimate is not an invoice and does not represent the final amount due or the balance on this Estimate. For questions or concerns, please call Bridgeport Boatworks at (860) 536-9651.\n\n#### Exhibit A\n\nTerms and Conditions\n\n1. Applicability: These terms and conditions (\"Terms\") are the onlyterms which govern the services (\"Services\") to be provided byBridgeport Boatworks to the owner (\"Owner\") of the vessel(s) (\"Vessel\") listed in the accompanying estimate (\"Estimate\"). The Terms and Estimate are collectivelyreferred to herein as the \"Agreement.\" These Terms shall prevail over anyprior agreements or discussions between Bridgeport Boatworks and theOwner.Owner will be deemed to have accepted these Terms upon Bridgeport Boatworks' commencement of performance of the Services orOwner's return of the signed Agreement,whichever is earlier.\n\n2.Compensation: In consideration of the performance byBridgeport Boatworks of the Services,Owner agrees to payBridgeport Boatworks the fee set forth in the Estimate/Invoice (or the portion earned) upon receipt of submission of Bridgeport Boatworks' invoice or as otherwise set forth in the Agreement. In addition,Owner shall reimburse Bridgeport Boatworks for reasonable expenses incurred in performance of the Services, including but not limited to travel expenses, storage charges, shipping charges, and other reasonable expenses incurred in Bridgeport Boatworks' performance of the Services.Owner shall paysuch reimbursable expenses upon receipt followingOwner's receipt of an invoice containing such expenses. Anyamounts due to Bridgeport Boatworks from Owner under this Agreement shall, after a thirty(30) daygrace period, bear interest from the due date at the maximum rate allowed byapplicable law.\n\n3.Change Requests:Owner mayrequest a change to anyportion of the Services at anytime by submitting such request in writing to Bridgeport Boatworks (\"Change Request\"). Within a reasonable time after receipt of a Change Request from Owner, Bridgeport Boatworks shall evaluate the impact of the Change Request and provideOwner with a written statement setting forth its estimate of the\n\ncost of the change. Within a reasonable time after receipt of a Change Request from Bridgeport Boatworks,Owner shall provide a written acceptance or rejection of the Change Request. Bridgeport Boatworks' fee for the Services shall be adjusted to the extent of anyincrease in Services, at a fixed amount as agreed bythe parties, or if the parties do not agree to a fixed amount, on a time and materials (T&M) basis at the rates set forth herin, or if no rates are set forth, at rates agreed by the parties. Bridgeport Boatworks shall not be required to proceed with a change in services absent agreement bythe parties in writing.\n\n4. Warranty: Bridgeport Boatworks warrants that the Services shall be performed using personnel of required skill, experience and qualifications in a professional and workmanlike manner.Other than as set forth herein, Bridgeport Boatworks makes no warranties regarding workmanship or materials, either express or implied, including anyimplied warrantyor merchantability, fitness for a particular purpose or seaworthiness.\n\n5. Fees and Costs:Owner shall reimburse Bridgeport Boatworks for all costs incurred in collecting any late payments, including,without limitation, attorneys' fees. In addition to all other remedies available under this Agreement or at law(which Bridgeport Boatworks does notwaive bythe exercise of anyrights hereunder), Bridgeport Boatworks shall be entitled to suspend the deliveryof anygoods or performance of anyservices hereunder if theOwner fails to payanyamounts when due hereunder.\n\n6. Liabilityof Bridgeport Boatworks: Bridgeport Boatworks shall have no liabilityfor anymatters arising out of or related to this Agreement except to the extent caused bythe sole negligence of Bridgeport Boatworks or those for whom it is directlyresponsible. In no event shall Bridgeport Boatworks' liabilityfor anymatters arising out of or related to this Agreement exceed the fee paid to Bridgeport Boatworks under this Agreement.No principal, partner, member, director, officer, agent, servant, employee, or consultant of Bridgeport Boatworks shall have anypersonal liabilityrelating to the subject matter of this Agreement.\n\n7. Insurance:Owner shall at all times maintain adequate and customaryinsurance covering the Vessel for the duration of the Services, including while the Vessel is in the custodyand/or control of Bridgeport Boatworks.Owner and Bridgeport Boatworks each herebywaive their entire right of recoveryagainst the other for injury, loss, or damage to the extent covered byinsurance proceeds received bythe damaged party. All policies required hereunder shall provide that the respective carrier(s) waives all rights of subrogation with respect to losses payable under such policies.\n\n8. Termination: Bridgeport Boatworks shall have the right to terminate this Agreement upon seven (7) days' written notice in the event thatOwner is in material breach of its obligations hereunder. In the event the Agreement is terminated for anyreason prior to the completion of the Services, then, in addition to the reimbursable expenses detailed herein,Owner shall payto Bridgeport Boatworks the balance of the remaining fee as of the date of termination, representing payment for demobilization costs, opportunitycosts, and anticipated lost profit. Bridgeport Boatworks' exercise of its rights under this section shall not in anywaylimit or abridge other remedies available to it under the Agreement or applicable law, including anylien rights with respect to the Vessel.\n\n9. Force Majeure: Bridgeport Boatworks shall not be liable or responsible to theOwner, nor be deemed to have defaulted or breached this Agreement, for anyfailure or delayin fulfilling or performing any term of this Agreementwhen and to the extent such failure or delayis caused byor results from acts\n\n# Case 22-50073 Doc 728-2 Filed 08/11/22 Entered 08/11/22 14:41:45 Page 5 of 6 890-3 09/28/22 09/28/22 16:32:28 6 7\n\nterm of this Agreementwhen and to the extent such failure or delayis caused byor results from acts or circumstances beyond the reasonable control of Bridgeport Boatworks including,without limitation, acts ofGod, flood, fire, earthquake, explosion, governmental actions,war, terrorist threats or acts, riot, or other civil unrest, public emergency, epidemics or pandemics, lockouts, strikes or other labor disputes, or restraints or delays affecting carriers or inabilityor delayin obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.\n\n10.General Provisions:\n\na. Owner herebygrants Bridgeport Boatworks, its agents and employees, permission to operate the Vessel for the purpose of testing and/or inspection.\n\nb. Owner shall remove all articles of personal property, gear, or other appurtenances not necessary for the performance of the Services from the Vessel prior to deliveryof the Vessel to Bridgeport Boatworks. Bridgeport Boatworks shall not be responsible for damage to or loss of anysuch articles of personal property, gear, or other appurtenances left aboard the Vessel, due to fire, theft, pilferage, or otherwise.Deliveryof the Vessel does not constitute a bailment of anyarticles of personal property, gear, or other appurtenances left on the Vessel which are not necessaryfor the performance of the Services.\n\nc. This Agreement constitutes the entire agreement between the parties hereto regarding the subject matter hereof, and supersedes all prior agreements,whether written or oral. d.No change, modification, or amendment shall be made to this Agreement unless set forth in writing and signed bythe parties hereto.\n\ne. All express representations,warranties, indemnifications, and limits of liabilityincluded in this Agreementwill survive its completion or termination for anyreason. If anyprovision of this Agreement shall be held invalid, illegal or unenforceable bya court of competent jurisdiction, the validity, legalityand enforceabilityof the remaining provisions shall in no waybe affected or impaired thereby. The remaining provisions shall remain in full force and effect, as if the unenforceable provision had been deleted. The parties agree to replace anyomitted provision with a valid provision that comes as close as possible to the intent of the omitted provision. f. This Agreement shall be governed byand construed under the laws of the state in which the Services are performed,without regard to its conflicts of laws principles.\n\ng. Bridgeport Boatworks andOwner will first attempt to resolve disputes or disagreements through discussions between their respective representatives,who shall meet upon the request of either partyas soon as convenientlypossible to attempt to resolve such dispute or disagreement. If after meeting, the representatives determine that the dispute or disagreement cannot be resolved on terms satisfactoryto both parties, the parties shall submit the dispute or disagreement to non-binding mediation. The mediation shall be conducted bya mutually agreeable impartial mediator, or if the parties cannot so agree, a mediator designated bythe American Arbitration Association (\"AAA\"). If a dispute has not been resolved in accordance with the procedures set forth above, such disputes shall be decided byarbitration in accordance with the applicable AAArules then in effect, unless the parties mutuallyagree otherwise. The award of the arbitrator(s) shall be final and binding upon the parties without the right of appeal to the courts. Judgment maybe entered upon it in accordance with applicable lawbyanycourt having jurisdiction thereof.\n\n### **Notice**\n\nThis estimate is not an invoice and does not represent the final amount due or the balance on this estimate.\n\n# Case 22-50073 Doc 728-2 Filed 08/11/22 Entered 08/11/22 14:41:45 Page 6 of 6 890-3 09/28/22 09/28/22 16:32:28 7 7\n\nThis estimate is not an invoice and does not represent the final amount due or the balance on this estimate.\n\nFor questions or concerns, please call Bridgeport Boatworks at (860) 536-9651.","body_zh":null,"key_entities":["Je","CIPA"],"ecf_references":[{"doc_number":728,"court":"CTB"}],"word_count":1939,"status":"published","published_at":"2022-08-11 00:00:00","created_at":"2022-08-11","updated_at":"2026-07-07 08:30:35"}