Perfect. Let’s build this properly for Algarve Marine Services — strong, professional, protective, and written in a tone that reflects a serious marine operation in the Algarve.

Below is a refined and expanded Terms & Conditions draft, tailored specifically for:

  • Marine maintenance

  • Structural works

  • Lift-outs

  • Diagnostics

  • Sales support

  • Partner/specialist subcontracting

  • Variable cost environments

  • Deposit protection

This version is more robust than the previous draft and better suited to protect you legally.


TERMS AND CONDITIONS

Algarve Marine Services


1. Definitions

Company refers to Algarve Marine Services.
Client refers to the vessel owner, authorised representative, or contracting party.
Vessel refers to the boat or marine craft subject to the services.
Services refers to any maintenance, repair, structural work, inspection, management, sales support, delivery coordination, or related marine service provided by the Company.


2. Scope of Work

2.1 All Services will be performed in accordance with the written quotation, estimate, or service agreement issued by the Company.

2.2 Quotations are based on visible inspection and information available at the time of assessment.

2.3 The Client acknowledges that marine environments inherently limit visibility of structural, mechanical, electrical, and underwater components. Hidden defects may only become apparent once:

  • The Vessel is lifted out of the water

  • Panels or systems are dismantled

  • Structural elements are opened

  • Components are pressure tested or dismantled

2.4 The Company reserves the right to revise quotations where additional defects, deterioration, corrosion, water ingress, structural damage, or other unforeseen issues are discovered.


3. Estimates and Cost Variations

3.1 All quotations are estimates unless explicitly stated as fixed-price contracts.

3.2 Labour time and material costs may increase where:

  • Additional faults are discovered

  • Parts are unavailable or discontinued

  • Manufacturer specifications require alternative solutions

  • Access is more complex than initially assessed

  • Specialist intervention becomes necessary

3.3 The Company will make reasonable efforts to inform the Client before significant additional costs are incurred. However, urgent safety or structural issues may be addressed immediately to prevent further damage.

3.4 The Client accepts that final invoices may differ from initial estimates due to the above circumstances.


4. Deposits and Payment Terms

4.1 A deposit is required before commencement of:

  • Structural repairs

  • Major maintenance projects

  • Lift-out work

  • Engine or propulsion works

  • Projects exceeding €1,000

4.2 Deposit amounts will typically range between 30%–50% of estimated project value unless otherwise agreed.

4.3 Deposits are non-refundable once materials are ordered or work has commenced.

4.4 Interim invoices may be issued for longer projects.

4.5 Final payment is due within 14 days of invoice unless otherwise agreed in writing.

4.6 The Company reserves the right to:

  • Suspend work for overdue payments

  • Retain possession of the Vessel where legally permitted

  • Charge late payment interest in accordance with Portuguese law


5. Lift-Out and Structural Work Disclaimer

5.1 Final structural assessments can only be accurately made once the Vessel is lifted from the water.

5.2 Osmosis, blistering, laminate degradation, keel damage, corrosion, and previous repair work may not be visible prior to lift-out.

5.3 The Client acknowledges that structural works carry inherent uncertainty and accepts that costs may increase following full inspection.


6. Subcontractors and Specialist Partners

6.1 In certain technical areas (including but not limited to upholstery, advanced electronics, specialist welding, rigging, painting, or engineering), the Company may engage approved specialist partners.

6.2 These partners operate as independent contractors.

6.3 Warranty for specialist work is provided directly by the specialist performing the work.

6.4 Algarve Marine Services is responsible for coordination and oversight but does not assume liability beyond the warranty provided by the subcontractor.

6.5 The Company selects partners carefully based on experience and reputation within the marine industry.


7. Warranty

7.1 Work performed directly by Algarve Marine Services is warranted for 30 days against defects in workmanship only.

7.2 Manufacturer warranties apply to new parts and equipment supplied.

7.3 Warranty does not cover:

  • Wear and tear

  • Corrosion

  • Environmental exposure

  • Improper use

  • Lack of maintenance

  • Pre-existing defects

  • Damage caused by third parties


8. Client Responsibilities

The Client agrees to:

  • Maintain valid insurance for the Vessel

  • Provide safe and lawful access

  • Remove personal belongings prior to work

  • Ensure the Vessel is legally registered and compliant

  • Disclose known defects or previous structural issues


9. Limitation of Liability

9.1 The Company shall not be liable for indirect, incidental, or consequential losses including but not limited to:

  • Loss of charter income

  • Loss of use

  • Missed sailing opportunities

  • Storage costs due to delays outside Company control

9.2 Total liability shall not exceed the total amount paid by the Client for the specific Services in dispute.


10. Delays and Force Majeure

The Company shall not be responsible for delays caused by:

  • Weather conditions

  • Marina restrictions

  • Supply chain shortages

  • Manufacturer delays

  • Government actions

  • Port authority restrictions

  • Events beyond reasonable control

Timelines are estimates only and not guaranteed.


11. Storage and Risk

Unless otherwise agreed in writing:

  • The Vessel remains at the Client’s risk at all times

  • The Company is not responsible for theft, storm damage, fire, or marina incidents beyond its direct negligence


12. Sales and Brokerage Support

Where the Company assists with sale preparation, listing, or buyer coordination:

  • The Company does not guarantee sale price or timeframe

  • The Client remains responsible for accuracy of vessel information

  • Survey findings may impact agreed pricing


13. Governing Law

These Terms are governed by Portuguese law.
Any disputes shall be subject to the jurisdiction of the courts of Faro, Portugal.


14. Acceptance

Engagement of Algarve Marine Services constitutes full acceptance of these Terms and Conditions.

15. Right of Retention (Direito de Retenção)

15.1 In accordance with applicable Portuguese law, Algarve Marine Services reserves the legal right of retention over the Vessel and/or associated equipment until full payment of all outstanding invoices has been received.

15.2 The Company may refuse release of the Vessel, keys, documentation, or equipment until all sums due (including storage, parts, labour, subcontractor invoices, and interest) are settled in full.

15.3 Any costs associated with enforcement of this right shall be borne by the Client.


16. Abandoned Vessels

16.1 If the Client fails to collect the Vessel or respond to communication within 30 days of written notice of completion or payment demand, the Vessel may be considered abandoned.

16.2 The Company reserves the right to:

  • Charge daily storage fees

  • Take reasonable steps to recover unpaid amounts

  • Initiate legal proceedings

  • Dispose of the Vessel in accordance with Portuguese law

16.3 The Client remains liable for all costs incurred until resolution.


17. Storage Fees

17.1 Where a Vessel remains in the Company’s control due to incomplete payment, delayed collection, or Client inactivity, storage fees may apply.

17.2 Storage fees will be charged at prevailing marina or yard rates plus administrative handling.


18. Title to Parts and Materials

18.1 All parts, equipment, and materials supplied by Algarve Marine Services remain the property of the Company until paid for in full.

18.2 Risk transfers to the Client upon installation, but ownership transfers only upon full payment.


19. Pre-Existing Defects

19.1 The Company is not responsible for deterioration, corrosion, structural weakness, fatigue, or damage that existed prior to commencement of work.

19.2 Where repairs expose further degradation, the Company shall not be liable for the underlying condition.


20. Surveys and Inspections Disclaimer

20.1 Visual inspections performed by the Company do not constitute a full marine survey unless explicitly agreed in writing.

20.2 The Company does not guarantee structural integrity beyond the scope of contracted work.

20.3 Clients purchasing or selling vessels remain responsible for commissioning independent certified surveys where required.


21. Hazardous Materials

21.1 The Client must inform the Company of any known hazardous substances onboard including but not limited to:

  • Fuel leaks

  • Asbestos

  • Chemical contamination

  • Battery acid issues

  • Structural instability

21.2 Additional charges may apply for safe handling and disposal.


22. Environmental Responsibility

22.1 The Company shall take reasonable measures to comply with environmental regulations.

22.2 The Client remains responsible for environmental compliance relating to the Vessel’s prior condition or undisclosed issues.


23. Insurance and Risk Allocation

23.1 The Vessel remains at the Client’s risk at all times unless damage is proven to result from the Company’s gross negligence.

23.2 The Client must maintain valid hull, third-party, and marina insurance throughout the duration of services.

23.3 The Company shall not be liable for storm damage, marina incidents, theft, fire, or force majeure events.


24. Limitation of Financial Liability

24.1 Under no circumstances shall Algarve Marine Services’ total liability exceed the total amount paid for the specific Services giving rise to the claim.

24.2 The Company shall not be liable for:

  • Loss of charter income

  • Loss of resale opportunity

  • Travel costs

  • Accommodation expenses

  • Reputational damage

  • Consequential or indirect loss


25. Dispute Resolution

25.1 Parties agree to attempt resolution in good faith before initiating legal proceedings.

25.2 If unresolved within 30 days, disputes shall fall under the exclusive jurisdiction of the courts of Faro, Portugal.


26. Severability

If any provision of these Terms is deemed unenforceable, the remaining provisions shall remain valid and enforceable.

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Contacts
Call us

+351 289 324 738
(call to the national landline network)
+351 930 643 257
(call to the national mobile network)

Write to us

Address

Edificio Vilamarina Lj.66
Marina de Vilamoura
8125-401 Vilamoura, Algarve

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