Terms of Service

Terms of Service

Effective Date: May 21, 2025

Please read these Terms of Service ("Terms") carefully before using the website or engaging the services of Florida Marine Upholstery ("Company," "we," "us," or "our"). By accessing our website or scheduling or receiving any service, you ("Customer" or "Buyer") agree to be bound by these Terms in their entirety. If you do not agree, do not use our website or services.

1. Services

Florida Marine Upholstery provides professional marine upholstery services including boat reupholstery, custom boat upholstery, and luxury boat upholstery, serving Broward County, Palm Beach County, and Miami-Dade County, Florida. All services are subject to availability, scheduling, and the terms of any written estimate or service agreement provided to you.

We reserve the right to refuse, delay, or discontinue work if conditions are found to be unsafe, unreasonably hazardous, inaccessible, or unlawful, or if a customer is abusive or hostile toward our staff. In such cases any deposit paid for work not yet commenced may be returned at our discretion.

2. Estimates, Quotes, and Scope of Work

All estimates and quotes are based on information available at the time of assessment and cover only the work expressly described in the written estimate or invoice. Final pricing may vary if:

  • The scope of work changes after the initial estimate
  • Hidden damage, concealed structural issues, mold, mildew, water intrusion, corroded hardware, prior repairs, or other conditions not observable at the time of inspection are discovered during the project
  • Existing components (frames, hardware, foam substrates, underlying surfaces) are found to be brittle, deteriorated, or otherwise unable to support new work without additional preparation
  • Material or supply costs change between the quote date and the service date due to market conditions or vendor pricing

We will notify you of any material changes to scope or price before proceeding with additional work. Continued engagement after notification constitutes acceptance of the revised scope and pricing.

Please note: Color, grain, texture, and dye-lot variations are inherent to upholstery materials. A close match does not mean an identical match. We are not responsible for variations between digital color representations and actual material appearance.

3. Customer-Owned Materials (COM)

If you supply your own fabric, vinyl, or other materials, we will work with those materials to the best of our ability. However, we make no warranty as to the quality, colorfastness, shrinkage, durability, or marine suitability of customer-supplied materials. If additional yardage is needed due to pattern matching, material defects, or insufficient quantity, additional material and labor costs will be billed separately. We are not responsible for defects or failures in customer-supplied materials.

4. Deposit and Payment Terms

A deposit is required before work begins on all projects. Deposit amounts are as follows:

  • Standard projects: A minimum 50% deposit is due before commencement of work.
  • Custom or special-order projects: A deposit of up to 100% of material costs plus 50% of labor may be required, particularly where materials are special-order, not normally stocked, or must be cut or fabricated in advance.

Deposits are earned and become non-refundable once production has started. "Production Start" includes any of the following: design, patterning, or templating work performed; materials ordered, cut, or staged; fabrication commenced; shop time or scheduling resources committed to your project.

The remaining balance is due in full upon completion of the work, before your vessel or property is released. Accepted payment methods will be communicated at the time of booking.

Unpaid balances are subject to a late fee of 1.5% per month (18% annually) on the outstanding amount. A $35 fee will be assessed for any returned or failed payment.

5. Credit Card Transactions and Chargeback Policy

By authorizing a credit card or other electronic payment for services, you agree to the following:

  • You confirm that you are the authorized cardholder or are expressly authorized to use the card or account presented for this transaction.
  • You agree not to initiate any chargeback, payment reversal, or dispute with your credit card issuer, bank, PayPal, Venmo, Zelle, or any other payment platform for services that were authorized, scheduled, performed, or for materials that were ordered on your behalf, except in the case of proven, documented fraud.
  • Before initiating any dispute with a financial institution, you agree to first contact us directly and allow us a minimum of 10 business days to review and resolve the issue in good faith.
  • Initiating a chargeback for authorized charges without first following the resolution process above may be deemed a material breach of this Agreement. In such cases, you agree to reimburse us for all administrative costs, chargeback fees, collection costs, and reasonable attorney's fees incurred in disputing or recovering the charge.
  • For transactions of $500 or more, we may require you to sign a separate Credit Card Authorization and No-Chargeback Agreement as a condition of proceeding with the work.
  • We reserve the right to pursue any and all available legal remedies for wrongful chargebacks, including filing in small claims court or pursuing civil action in Broward County, Florida.

Nothing in this section limits your rights under applicable consumer protection law in cases of genuine fraud or failure to deliver services.

6. Customer Responsibilities

As a customer, you agree to:

  • Provide accurate, complete, and timely information about your vessel and upholstery needs, including any known damage, water intrusion, mold, mildew, pest activity, electrical hazards, structural weakness, or prior repairs
  • Disclose all known conditions of the vessel or work area that may affect safety, access, or the quality of workmanship
  • Ensure the vessel or property is accessible at the agreed-upon time and location, with adequate workspace and utilities for on-site work
  • Remove and secure all valuables, electronics, personal belongings, fishing gear, and other personal property from the vessel before work begins. We are not responsible for lost, stolen, or damaged personal items left on the vessel during the service period, except to the extent caused by our gross negligence.
  • Review and approve all work and materials prior to project sign-off
  • Keep your contact information current with us throughout the project
  • Make timely payments as agreed

7. Completion Notice and Vessel Pickup

Upon completion of your project, we will notify you by phone and/or email. The following terms apply after a completion notice has been issued, whether or not you respond:

  • Complimentary storage: Your vessel or property may remain with us for up to 10 business days after the completion notice at no charge.
  • Storage fees: After 10 business days, a storage fee of $25 per day will accrue on your account until the item is picked up.
  • Abandoned property: After 60 days from the completion notice, your vessel or property may be deemed abandoned. We reserve the right to dispose of, sell, or otherwise transfer abandoned property to recover unpaid balances, storage fees, and costs, as permitted by applicable Florida law. You remain responsible for any deficiency balance after disposition.

It is your responsibility to maintain current contact information with us. We are not liable for failure to deliver a completion notice if your contact information is outdated.

8. Possessory Lien and Security Interest

Florida Marine Upholstery retains a possessory lien on all vessels, property, and materials in our possession until all outstanding balances, fees, and costs are paid in full. We reserve a security interest in all materials, components, and improvements furnished by us until full payment is received. We reserve all rights available under applicable Florida law to enforce payment of unpaid balances, including lien enforcement, civil action, and recovery of attorney's fees and costs.

9. Warranty and Workmanship

We stand behind the quality of our work and use marine-grade materials appropriate for the South Florida environment. Specific warranty terms will be provided in writing with your completed service documentation.

Our workmanship warranty covers defects in labor and installation under normal use and marine conditions. It does not cover:

  • Damage caused by accidents, misuse, neglect, improper cleaning products, or environmental exposure beyond normal marine conditions
  • Normal wear and tear consistent with regular use
  • Damage resulting from modifications, repairs, or alterations made by you or a third party after our service is complete
  • Failures in customer-supplied materials (COM)
  • Underlying surface, substrate, or structural conditions not caused by our workmanship

Warranty coverage applies to the original vessel owner. If the vessel is sold, any warranty transfer must be approved by us in writing. To make a warranty claim, contact us within the warranty period with your service documentation and a description of the issue.

10. Cancellations and Refunds

If you need to cancel or reschedule a service appointment, please notify us at least 48 hours in advance. Cancellations with less than 48 hours notice may result in a cancellation fee.

Custom material orders are non-refundable once materials have been ordered, cut, or staged. If you cancel a project after production has started, you are responsible for all material costs incurred plus any labor performed to date.

Refunds, if applicable, will be processed through us directly and not through your financial institution.

11. Photo and Marketing Consent

By engaging our services, you grant Florida Marine Upholstery a non-exclusive, royalty-free license to photograph your vessel and completed work for portfolio, promotional, archival, and marketing purposes, including use on our website and social media channels.

We will not disclose your full name, vessel name, or personally identifying information in any marketing material without your explicit written consent. If you prefer that no photos of your vessel be used for marketing purposes, please notify us in writing before your project begins.

12. Force Majeure

We shall not be liable for delays or failure to perform due to circumstances beyond our reasonable control, including but not limited to: hurricanes, tropical storms, flooding, extreme weather, small-craft advisories, Coast Guard or marina restrictions, supply chain disruptions, vendor delays, material shortages, government actions, labor shortages, or power outages. In such cases we will notify you as soon as practicable and reschedule your project at the earliest reasonable opportunity.

13. Limitation of Liability

To the fullest extent permitted by applicable law, Florida Marine Upholstery's total liability to you for any claim arising from our services shall not exceed the total amount you paid us for the specific service giving rise to the claim.

We shall not be liable for any indirect, incidental, special, punitive, or consequential damages, including but not limited to loss of use of your vessel, lost profits or revenue, costs of substitute services, or claims of third parties, even if we have been advised of the possibility of such damages.

Nothing in this section limits liability for gross negligence or willful misconduct on our part.

14. Dispute Resolution

In the event of a dispute arising from or related to our services or these Terms, both parties agree to the following process:

  • Step 1 — Direct Resolution: Contact us within 7 days of discovering the issue. We will review the matter in good faith and respond within 10 business days.
  • Step 2 — Mediation: If the issue is not resolved through direct communication, both parties agree to attempt mediation through a mutually agreed mediator before pursuing formal legal action.
  • Step 3 — Litigation: If mediation fails, disputes shall be resolved in the courts of Broward County, Florida. Both parties consent to exclusive jurisdiction and venue in Broward County for any legal proceedings.

The prevailing party in any legal action arising under these Terms shall be entitled to recover reasonable attorney's fees and court costs from the non-prevailing party.

Any claim arising from our services must be brought within 1 year of the date the cause of action accrues. Claims not brought within this period are waived.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict-of-law provisions.

16. Intellectual Property

All content on our website, including text, images, graphics, logos, patterns, templates, and fabrication methods, is the property of Florida Marine Upholstery or its licensors and is protected by applicable intellectual property laws. You may not reproduce, distribute, modify, or use our content or methods without our prior written permission.

17. Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

18. Changes to These Terms

We reserve the right to update these Terms at any time. Updated Terms will be posted on our website with a revised effective date. Material changes will be communicated by email or by a prominent notice on our website prior to taking effect. Your continued use of our website or services after any changes constitutes acceptance of the updated Terms.

19. Contact Us

If you have questions about these Terms of Service, please contact us:

Florida Marine Upholstery
Phone: +1 (561) 403-3791
Email: info@floridamarineupholstery.com
Website: www.floridamarineupholstery.com