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Bosun and Hawk Sail Company, LLC — Terms of Service and Terms & Conditions of Sale

Effective Date: October 12, 2026

Last Updated: October 12, 2026

1. Who We Are and What These Terms Cover

These Terms of Service and Terms & Conditions of Sale (the “Terms”) are an agreement between you and Bosun and Hawk Sail Company, LLC, a veteran-owned Georgia limited liability company (“Bosun and Hawk,” “we,” “us,” or “our”).

  • Address: 229 Business Center Dr, St Simons Island, GA 31522
  • Phone: (912) 434-4736
  • Email: info@bosunandhawksails.com
  • Website: https://www.bosunandhawksails.com (the “Website”)
  • Business hours: Monday–Friday, 9:00 a.m.–5:00 p.m. Eastern Time

These Terms are posted at https://www.bosunandhawksails.com/terms. Our Work Authorization and our Boat & Item Drop-Off and Storage Agreement make these Terms part of those agreements.

We are a marine canvas and upholstery shop. These Terms apply to:

  • Services: all work we do for you, such as custom fabrication, sail repair, boat covers, biminis, enclosures, marine upholstery, cushions, and canvas repairs, whether we do it in our shop or at your boat (“Services”);
  • Products: items you buy from our online shop or in person, such as bags and other ready-made goods (“Shop Products”); and
  • Use of our Website.

“You” means the person or business requesting Services, buying Shop Products, or using the Website. If you’re acting for a business or for a boat owner (for example, as a captain, broker, or yacht manager), you’re confirming that you have authority to agree to these Terms for them.

2. Accepting These Terms

You accept these Terms when you do any of the following: approve an estimate or quote (by signature, email, or online), pay a deposit, place an online order, leave property with us for work, or use the Website. If a signed estimate, quote, work order, or other written agreement with you conflicts with these Terms, that written document controls for that job.

3. Estimates, Quotes, and Changes

3.1 Estimates vs. quotes

  • An estimate is our good-faith best guess of the cost based on what we can see and the information you give us. Your final price may differ from it.
  • A quote is a fixed price for the work described in it, subject to the exceptions in Sections 3.3 and 3.4.

3.2 How long they’re valid

Unless the document says otherwise, estimates and quotes are good for 30 days from the date issued. After that, we may need to update pricing because material costs and availability change.

3.3 Hidden damage and surprises

Boats and older canvas and upholstery often hide problems we can’t see until we start the work. Examples include rotted foam or backing boards, corroded or failed frames, snaps, and hardware, deteriorated thread, and damage under existing covers. If we find something that changes the scope or cost, we’ll stop and contact you before we do the extra work. We’ll get your approval by email, text, or in writing before doing the added work. Without your approval, your final price won’t be more than 10% above your approved estimate or quote.

3.4 Change orders

If you ask for changes (a different fabric, color, window material, added zippers or pockets, a design change, and so on), or if a change is needed because of hidden conditions, we’ll describe the change and its cost and timing effect. That can be in writing, email, or text. We’ll get your approval before we go ahead. Approved change orders become part of your agreement.

3.5 Timelines

Completion dates are estimates. Materials backorders, weather, boat access, and changes can affect timing. We’ll keep you updated, but we aren’t liable for reasonable delays.

4. Deposits

4.1 Custom work

Custom projects require a deposit equal to 100% of the materials cost plus 50% of the estimated labor. It’s due before we order materials or begin work. Your estimate or quote will show the materials and labor amounts separately so you can see exactly how the deposit is calculated. If an approved change order adds materials or labor, the added materials cost and 50% of the added labor are due before we order those materials or start that work.

4.2 What the deposit pays for

The materials portion pays for the fabric, hardware, and other materials we order for your job. The labor portion reserves your place in our schedule and is applied to design, patterning/templating, and fabrication labor as we perform it. The balance due at completion (see Section 5) is the remaining labor plus any approved change orders, any adjustments under Section 3, and applicable tax.

4.3 When deposits become non-refundable

  • Materials portion: This is fully refundable until we order or cut materials for your job. Once materials are cut or ordered, the materials portion is non-refundable, and finished custom work can’t be returned. The materials belong to you once paid for, and you may pick them up.
  • Labor portion: This is refundable except for labor we’ve already performed (such as design, patterning/templating, and fabrication), charged at our standard rate or as stated on your estimate.

See Section 7 for how this works if a job is cancelled.

4.4 Repair work

Smaller repairs usually don’t need a deposit. Repairs that require special-order materials need a deposit calculated the same way as for custom work (100% of materials cost plus 50% of estimated labor).

5. Payment

5.1 When payment is due

  • Custom work and repairs: The remaining balance is due when the work is complete, before or at pickup or delivery, unless we’ve agreed in writing to other terms.
  • Approved business accounts: If we have approved a business account for you in writing, invoices are due within 30 days of the invoice date.
  • Shop Products: Full payment is due when you place your order.

5.2 Accepted payment methods

We accept cash, check, major credit and debit cards, and ACH/bank transfer. Card on file: If you authorize a card on file in your Work Authorization, we’ll charge it only for your deposit, your balance, and changes you approve. The card is saved with our payment provider, and we never write full card numbers on our forms. You can cancel that authorization in writing at any time, except for charges already approved. If a check is returned unpaid, we may charge a returned-check fee as allowed by Georgia law.

5.3 Sales tax

Prices don’t include applicable sales or use tax unless stated. We’ll add it where required.

6. Late Payments

6.1 Interest on overdue balances

If any amount is still unpaid 30 or more days after it became due, we may charge simple interest (not compounded) on the overdue amount. The rate will be 1.5% per month (18% per year) or the highest rate allowed by applicable law, whichever is less. Interest runs from the date the amount became due until it is paid. We’ll show any interest on your statement.

6.2 Pausing work

If an account is past due, we may pause work on open jobs for you. We’ll give you written notice (email is fine) first and a reasonable chance to bring the account current.

6.3 Collection costs

If an unpaid balance is collected through an attorney, you agree to pay attorney’s fees of 15% of the principal and interest owed, as allowed by O.C.G.A. § 13-1-11, plus court costs as allowed by law. Before we seek those fees, we’ll send you the written notice required by § 13-1-11. It gives you 10 days from receipt to pay the principal and interest without the attorney’s fees.

6.4 Our lien on your property

Georgia law gives repair and fabrication businesses a lien on personal property they manufacture or repair, for unpaid work and materials (and, in some cases, storage). That means we may keep your item (for example, your cushions, sails, or canvas) until the balance for that item is paid. We’ll only enforce the lien as Georgia law permits. See Section 12.

7. Cancellation and Termination

7.1 Your right to cancel

You may cancel a job at any time by telling us in writing (email is fine).

  • Before we order or cut materials or begin work, we’ll refund your full deposit.
  • After materials are ordered or cut, the materials portion of your deposit is non-refundable (see Section 4.3).
  • Labor: You’ll owe for labor performed up to the date of cancellation, at our standard rate or as stated on your estimate. We’ll apply the labor portion of your deposit to that labor and refund any unused remainder. If labor performed is more than the labor portion of your deposit, we’ll invoice the difference.
  • Materials and partly finished work that you’ve paid for are yours, and you may pick them up.

7.2 Our right to cancel or stop work

We may cancel or stop a job by written notice if:

  • you don’t pay amounts when due after notice;
  • you don’t provide reasonable access to your boat or property;
  • we discover conditions that make the work unsafe or impractical;
  • you ask for work that we believe would be unsafe or below our quality standards; or
  • the working relationship breaks down in a way that makes it unreasonable to continue.

If we cancel for reasons that aren’t your fault, we’ll refund any amount you’ve paid for labor not yet performed and for materials not yet ordered or cut. Either way, you pay only for labor performed and materials ordered or cut through the cancellation date. Any materials or partly finished work you’ve paid for are yours to pick up.

8. Custom Work Is Made to Order

Custom canvas, covers, biminis, enclosures, upholstery, cushions, and sails are made specifically for you and your boat. Once you’ve accepted completed custom work, it can’t be returned or exchanged for a refund. Our warranty in Section 10 still applies.

8.1 Inspection at completion

Please inspect your finished work at pickup or installation. If something isn’t right, tell us right away so we can make it right.

9. Shop Products: Online Orders and Returns

9.1 Orders

When you place an online order, you’re making an offer to buy. We accept your order when we ship it or confirm it in writing. We may refuse or cancel any order, for example if a product is out of stock or there was a pricing error. If we cancel, we’ll fully refund any payment for that order.

9.2 Pricing and errors

We try to keep product descriptions, photos, and prices accurate, but mistakes happen. Colors on screen may vary from actual fabric. If we discover a pricing or description error, we’ll contact you and give you the choice of continuing at the correct price or canceling for a full refund.

9.3 Shipping and risk of loss

We ship to the address you provide. Shipping times are estimates. Risk of loss passes to you when the carrier delivers the item to your shipping address. If your package arrives damaged or never arrives, contact us within 7 days of delivery (or of the expected delivery date). We’ll work with you and the carrier to resolve it.

9.4 Returns of Shop Products

You may return unused Shop Products in original condition within 30 days of delivery for a refund. To start a return, email info@bosunandhawksails.com.

  • Return shipping: Customer pays return shipping unless the item was defective or we made an error.
  • Restocking fee: None.
  • Not returnable: personalized, monogrammed, custom-sized, or made-to-order items; items cut from bolt (fabric, webbing, etc.); clearance/final-sale items.
  • Refunds go back to the original payment method within 10 business days after we receive and inspect the return.

9.5 Defective Shop Products

If a Shop Product arrives defective, contact us. We’ll repair, replace, or refund it. The manufacturer’s warranty, if any, also applies.

10. Our Limited Workmanship Warranty

10.1 What we warrant

We warrant that our workmanship (our stitching, seams, fit, and installation) on custom work and repairs will be free from defects for 1 year from the date of pickup or installation (the “Warranty Period”).

10.2 What we’ll do

If a covered defect shows up during the Warranty Period, we’ll repair or remake the affected work at no charge for labor or our materials. If that isn’t practical, we’ll refund the portion of the price for the defective work.

10.3 Materials and hardware

Fabrics, vinyl, clear window material, thread, zippers, snaps, frames, foam, and other components are covered by their manufacturers’ warranties, not ours. Some, such as certain marine canvas fabrics and PTFE thread, carry long manufacturer warranties. Where we can, we’ll pass those warranties through to you and help you file a claim.

10.4 What the warranty doesn’t cover

Our warranty doesn’t cover:

  • normal wear and tear, chafe, and fading;
  • pre-existing conditions of your boat or items;
  • UV degradation, mildew, salt, or chemical damage, including from cleaners or other products not recommended for the material;
  • damage from weather, storms, hurricanes, wind, falling objects, or accidents;
  • misuse, improper installation, removal, folding, or storage by anyone other than us, and failure to follow care instructions;
  • trailering or running at speed with covers or canvas not designed for it;
  • damage from structural changes to the boat after we measured or patterned it;
  • work modified or repaired by someone else;
  • shrinkage or stretch inherent in a material;
  • fit problems caused by measurements, templates, designs, or materials you supplied (see Section 11); and
  • repairs to old or worn material where we told you the remaining material was near the end of its life. Our repair warranty covers our new work, not the original material around it.

10.5 Implied warranties

For business customers, and to the fullest extent permitted by law, this written warranty is in place of all other warranties, express or implied, including any implied warranties of merchantability and fitness for a particular purpose. For consumers (people buying mainly for personal, family, or household use), any implied warranties that the law provides are limited to the length of the Warranty Period where the law allows. Some laws don’t allow limits on how long an implied warranty lasts, so this limit may not apply to you. This warranty gives you specific legal rights, and you may have other rights under the law.

10.6 Shade sails and storm takedown

Each shade sail we install has a wind rating listed on its quote. When sustained winds or gusts at or above that rating are forecast, we offer our Shade Sail Take-Down & Re-Hang service, billed separately as quoted. If you decline that service, or don’t give us access, damage from that wind event to the sail, its fabric, or posts, buildings, or other structures isn’t covered by this warranty, and we aren’t responsible for it. Damage caused when anyone other than us takes down, removes, or reinstalls a sail or its hardware also isn’t covered. Your warranty otherwise stays in effect for the rest of the Warranty Period.

10.6 How to make a claim

See Section 19.

11. Measurements, Templates, and Designs You Provide

  • When we measure or template: We’re responsible for the accuracy of our own measurements and patterns. Please have the boat ready in the configuration you’ll use it in. That means frames, hardware, electronics, and anything else that affects fit must be installed and in place.
  • When you provide measurements, templates, drawings, or old canvas/cushions to copy: You’re responsible for their accuracy. We’ll build to what you provide. If the result doesn’t fit because the measurements or template were off, or because the original item was distorted or shrunken, the cost of rework is your responsibility. We’ll offer rework at our standard rates.
  • Changes to the boat: If the boat, frame, or hardware changes after we measure or pattern, any refitting is a new job.

12. Your Property in Our Care

12.1 Property you leave with us

We take reasonable care of boats, sails, cushions, canvas, and other gear you leave with us (“Customer Property”). We aren’t responsible for loss or damage from hurricanes, storms, flood, storm surge, fire, theft, vandalism, or other events beyond our control that our negligence did not cause or contribute to, or for pre-existing conditions. Old fabric, thread, foam, and hardware can tear or break during normal handling, and we aren’t responsible for that. Please remove valuables, electronics, and loose gear. We aren’t responsible for items not listed on your drop-off form. We may move items within our facility, or to a safer location before a storm, as needed for work, storage, or safety.

12.2 Insurance

You’re responsible for insuring your boat and Customer Property while it’s in our care, including against fire, theft, storms, and flood. We recommend checking with your insurer. We carry insurance. That coverage doesn’t replace yours.

12.3 Pickup deadline

We’ll tell you when your work is complete (the “completion notice”), by email, text, or phone, using the contact information you gave us. Please pick up and pay for your items within 60 days after the completion notice (the “pickup deadline”).

12.4 Storage fee

You agree to pay a storage fee of $1.00 per day per order for items not picked up by the pickup deadline. It starts on day 61 after the completion notice. This is a fee you agree to as part of your agreement with us, separate from any lien rights.

  • Notice first: Before any storage is charged, we’ll mail you a written storage notice that storage will accrue and states the daily rate. It goes by certified mail or statutory overnight delivery to the mailing address on your form, at least 30 days before the fee begins. If that notice goes out later than day 31, the fee starts 30 days after we send it, not on day 61.
  • Disputes: We won’t charge storage while we’re in a good-faith dispute with you about the work or the charges.
  • Lien: Georgia law limits how much storage our lien can secure (O.C.G.A. § 44-14-363). Any storage fee our lien doesn’t secure is still owed under this agreement.

12.5 Risk of loss after the pickup deadline

After the pickup deadline passes, Customer Property stays at your risk. We’ll still use reasonable care, but we aren’t liable for loss or damage unless it’s caused by our gross negligence or willful misconduct.

12.6 Unclaimed and abandoned property

We may hold items until what you owe is paid. If items are still unclaimed 6 months after our completion notice, we’ll treat them as abandoned only as Georgia law allows. Before any sale or disposal, we’ll follow the required legal process:

  • Items other than boats (such as cushions, canvas, covers, and sails): a written demand for payment, then a court lien foreclosure (O.C.G.A. § 44-14-550). Any sale happens only if the court authorizes it, and the proceeds are applied to what you owe.
  • Boats: Georgia’s abandoned-vessel process (O.C.G.A. § 52-7-70 et seq.). It may start sooner, 30 days after the pickup deadline, and includes notices to you and to the Georgia Department of Natural Resources.

We won’t sell or throw away your property without that process. We’ll keep trying to reach you, so please keep your contact information and mailing address current.

12.7 Boats and trailers at our facility

Boats and trailers may be dropped off and kept at our facility. When you drop one off, please give us its hull identification number (HIN) or Georgia registration number, the trailer VIN or plate, the registered owner’s name if it isn’t you, and any lienholder. Sections 12.1–12.6 apply to them. You must follow our safety rules and any instructions from our staff while you’re at our facility.

13. On-Site and At-the-Dock Work

When we work on your boat at a marina, dock, boatyard, or your home, the following applies. If we take cushions, canvas, or other items from your boat to our shop, Section 12 applies to them from the time we take them.

  • Access: You’ll arrange access, including any marina permission, gate codes, and parking, and make sure the boat is safely secured and reasonably clear of gear in the work area. If we arrive and can’t access or safely work on the boat, we may charge a trip fee.
  • Safety: We may decline or reschedule work in unsafe conditions, including lightning, high wind, extreme heat, rough water, or an unsafe boat or dock.
  • Marina rules: You’ll meet the marina’s or boatyard’s contractor rules and pay any marina contractor fees or other vendor charges that apply to work on your boat. Tell us about any special rules in advance.
  • Authority and insurance: You confirm that you’re the boat’s owner or the owner’s authorized agent. You’ll keep your boat and gear insured while work is underway.
  • Travel: Travel charges for locations outside Glynn County are as quoted.
  • Installation hardware: Installing canvas may require drilling holes or adding snaps, fasteners, or hardware to your boat. Your approval of an estimate covering installation is your approval of these normal installation steps. We’ll discuss anything unusual with you first.

14. Photos of Our Work

We’re proud of our work and may photograph projects, including your boat or items, for our portfolio, website, and social media. We won’t publish your name, your boat’s name, registration number, or anything that identifies you without your permission. If you’d prefer we not use photos of your project at all, just tell us (email is fine) and we’ll honor that. You can also check the photo opt-out box on your Work Authorization. If you opt out after a photo is posted, we’ll remove it from channels we control within a reasonable time.

15. Designs, Patterns, and Intellectual Property

  • Our patterns and know-how: The patterns, templates, digital files, drawings, and methods we create to build your project belong to us, unless we agree otherwise in writing. We keep them so we can build replacements or matching pieces for you later. You own the finished item you’ve paid for.
  • Your designs: If you provide your own design, logo, or artwork, you confirm that you have the right to use it, and you give us permission to use it to complete your job. We won’t sell your unique design to others.
  • Website content: All content on the Website, including text, photos, logos, and the “Bosun and Hawk” name and marks, belongs to us or our licensors. You may not copy or reuse it commercially without our permission.

16. Using Our Website

  • Accounts: If you create an account, keep your login secure. You’re responsible for activity under your account.
  • Acceptable use: Don’t misuse the Website. For example, don’t attempt unauthorized access, interfere with its operation, scrape it, or post unlawful content.
  • Availability: We try to keep the Website available and accurate, but it’s provided “as is” and “as available.” We may change or discontinue parts of it at any time.
  • Links: Links to third-party sites are for convenience. We aren’t responsible for their content or practices.
  • Payments: Online payments are handled by third-party payment processors. We don’t store full card numbers on our systems.

17. Privacy

Our Privacy Policy explains how we collect, use, and protect your personal information. It’s at https://www.bosunandhawksails.com/privacy. By using the Website or our Services, you acknowledge it.

17A. Text Message (SMS) Terms

17A.1 Program. Our text program is called Bosun and Hawk Sail Company Customer Texts. We use it to text you about your own inquiry or job: answering your questions (customer care), sending and following up on quotes and estimates, and confirming, reminding you of, and following up on appointments, site visits, measurements, completion, and pickup. We don’t use it for marketing lists. Texts come from (912) 434-4736 or other Bosun and Hawk Sail Company numbers (for example, (912) 216-3780 while we move our main number to a new provider).

17A.2 How you opt in. You opt in when you give us your mobile number and agree to receive texts, for example by checking the text-message consent box on our Contact Us or quote form, or by texting us first. Agreeing to texts isn’t a condition of buying anything from us.

17A.3 Message frequency. Message frequency varies, depending on your inquiry, quote, or job.

17A.4 Costs. Message and data rates may apply. Check your mobile plan for details.

17A.5 Opting out. You can reply STOP to any text to stop receiving them (we also honor “quit,” “end,” “cancel,” “unsubscribe,” and similar). You’ll get one final text confirming it: “Bosun and Hawk Sail Company: You’ve been unsubscribed and won’t receive more texts from us. Reply START to resubscribe. Questions? Call (912) 434-4736.” After that, we won’t text you unless you opt in again. We can still reach you by phone or email about your job.

17A.6 Help. Reply HELP to any text for help, or contact us at (912) 434-4736 or info@bosunandhawksails.com. Our HELP reply reads: “Bosun and Hawk Sail Company: quotes, appointments & job updates. Msg freq varies. Msg&data rates may apply. Reply STOP to opt out. Help: (912) 434-4736”

17A.7 Carriers. Mobile carriers aren’t liable for delayed or undelivered messages.

17A.8 Privacy. We never sell, rent, or share your mobile number or text-message consent with third parties or affiliates for their marketing. See our Privacy Policy at https://www.bosunandhawksails.com/privacy.

18. LIMITATION OF LIABILITY

PLEASE READ THIS SECTION CAREFULLY. IT LIMITS WHAT WE OWE IF SOMETHING GOES WRONG.

18.1 NO INDIRECT OR CONSEQUENTIAL DAMAGES

TO THE FULLEST EXTENT PERMITTED BY LAW, BOSUN AND HAWK WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. THIS INCLUDES LOSS OF USE OF YOUR BOAT, LOST CHARTER OR BUSINESS INCOME, MISSED TRIPS OR EVENTS, DOCKAGE OR STORAGE CHARGES ELSEWHERE, OR TRAVEL COSTS, EVEN IF WE WERE TOLD THESE DAMAGES WERE POSSIBLE.

18.2 CAP ON OUR LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF A JOB, ORDER, OR THESE TERMS IS LIMITED TO THE AMOUNT YOU PAID US FOR THE SPECIFIC SERVICE OR PRODUCT THAT GAVE RISE TO THE CLAIM.

18.3 EVENTS BEYOND OUR CONTROL AND PRE-EXISTING CONDITIONS

WE USE REASONABLE CARE WITH EVERYTHING LEFT IN OUR CARE. WE ARE NOT RESPONSIBLE FOR PRE-EXISTING CONDITIONS, OR FOR LOSS OR DAMAGE FROM HURRICANES, STORMS, FLOOD, FIRE, THEFT, OR OTHER EVENTS BEYOND OUR CONTROL THAT OUR NEGLIGENCE DID NOT CAUSE OR CONTRIBUTE TO. AFTER THE PICKUP DEADLINE IN SECTION 12.3, ITEMS REMAIN AT YOUR RISK EXCEPT FOR OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT (SEE SECTION 12.5).

18.4 WHAT THESE LIMITS DON’T COVER

NOTHING IN THESE TERMS, OUR WORK AUTHORIZATION, OR OUR DROP-OFF AND STORAGE AGREEMENT LIMITS OR EXCLUDES OUR LIABILITY FOR (A) DEATH OR BODILY INJURY, (B) OUR GROSS NEGLIGENCE, FRAUD, OR WILLFUL OR WANTON MISCONDUCT, (C) PHYSICAL DAMAGE TO YOUR BOAT OR OTHER PROPERTY THAT OUR NEGLIGENCE CAUSED OR CONTRIBUTED TO WHILE WE ARE WORKING ON IT OR WHILE IT IS IN OUR CARE BEFORE THE PICKUP DEADLINE, OR (D) ANY LIABILITY THAT CAN’T BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW. IF YOU ARE A CONSUMER, YOU MAY HAVE RIGHTS UNDER GEORGIA AND FEDERAL CONSUMER PROTECTION LAWS THAT THESE TERMS DON’T AND CAN’T TAKE AWAY.

19. Reporting Problems (Claim Notice)

If you think something is wrong with our work or a product, please tell us as soon as you notice it. To keep your warranty rights and help us fix things quickly:

  • For visible problems at pickup or installation (wrong color, obvious fit issue, missing parts), please tell us within 30 days of pickup, installation, or delivery.
  • For workmanship defects that show up later, please tell us within 30 days of noticing the problem and within the Warranty Period.

You can tell us any reasonable way: by email to info@bosunandhawksails.com, by phone at (912) 434-4736, in person, or by mail. Photos help. No certified letter is required. If you report a problem late, that only affects your claim to the extent the delay actually made the problem worse or harder for us to fix. It doesn’t erase rights you have under law.

20. Indemnity

You agree to reimburse us (indemnify) for reasonable losses, including reasonable attorney’s fees, from third-party claims to the extent they’re caused by:

    • your breach of these Terms;
    • designs, logos, or materials you gave us that infringe someone else’s rights;
    • inaccurate information you gave us about who owns the boat or property, or your authority to authorize work on it; or
    • your negligence or willful misconduct, or that of your crew or guests, including at the dock during on-site work.

This doesn’t apply to the extent a claim is caused by our own negligence or misconduct.

21. Force Majeure (Weather, Hurricanes, and Events Beyond Our Control)

We’re on the Georgia coast, and weather is part of life here. Neither of us is responsible for delays or failures caused by events beyond reasonable control. These include hurricanes, tropical storms, named-storm evacuations, flooding, storm surge, severe weather, power outages, fire, acts of government, epidemics, labor shortages, supply-chain or shipping delays, and material shortages. Payment obligations for work already performed aren’t excused. During a hurricane watch or warning, we may take reasonable steps to protect Customer Property in our care, such as moving or securing it. If an event like this delays your job by more than **60 days, either of us may cancel the unfinished portion. You’d pay for work performed and materials ordered or used.

22. Disputes

22.1 Talk to us first

Most problems can be fixed with a conversation. Before starting any legal action, please contact us at info@bosunandhawksails.com or (912) 434-4736 and describe the problem. We’ll do the same with you. Both of us agree to try in good faith to resolve the dispute informally for at least 30 days. This doesn’t prevent either of us from filing a claim to meet a legal deadline or to protect lien rights.

22.2 Governing law

These Terms are governed by the laws of the State of Georgia, without regard to conflict-of-law rules. Federal law, including federal maritime law, applies where it governs.

22.3 Where disputes are heard

Any lawsuit must be brought in the state courts located in Glynn County, Georgia, and both of us consent to those courts’ jurisdiction. Either of us may bring a qualifying claim in the Magistrate Court of Glynn County (small claims).

22.4 Time limit

Nothing in these Terms shortens any legal deadline for bringing a claim.

23. General Terms

  • Entire agreement: These Terms, together with your estimate, quote, invoice, work order, or order confirmation and our Privacy Policy, are the entire agreement between us about their subject. They replace earlier discussions about the same job.
  • Order of priority: If documents conflict, the order of priority is (1) a written agreement signed by both of us, (2) your approved estimate, quote, or change order, (3) these Terms.
  • Changes to these Terms: We may update these Terms from time to time. We’ll post the updated version on the Website with a new “Last Updated” date. Changes won’t apply to work you’ve already approved or orders you’ve already placed unless you agree.
  • Severability: If any part of these Terms is found unenforceable, it will be enforced to the maximum extent allowed, and the rest of the Terms stay in effect.
  • No waiver: If we don’t enforce a provision right away, we haven’t given up the right to enforce it later.
  • Assignment: You may not transfer your rights under these Terms without our written consent. We may assign them to a successor business.
  • Notices: We may send notices to the email, phone, or mailing address you gave us. Please give us a current mailing address. Storage notices, lien demands, and other legal notices are mailed there by the method the law requires, such as certified mail or statutory overnight delivery. You may send notices to us at the contact information below.
  • Electronic signatures and records: By signing our forms electronically, you agree to do business with us electronically, and your electronic signature is as binding as a handwritten one. You may ask for a paper copy at any time.
  • Independent contractor: We’re an independent business, not your employee or agent.
  • Headings: Headings are for convenience only.

24. Contact Us

Bosun and Hawk Sail Company, LLC

229 Business Center Dr

St Simons Island, GA 31522

Phone: (912) 434-4736

Email: info@bosunandhawksails.com

Website: https://www.bosunandhawksails.com

Hours: Monday–Friday, 9:00 a.m.–5:00 p.m. ET