1. Bespoke Design & Intellectual Property

All engineering profiles, CAD designs, and structural drawings produced by Klacko Marine Inc. remain the exclusive intellectual property of the Seller. Purchase of a fabricated product does not constitute a transfer of design rights. Reproduction of Klacko designs by third parties is strictly prohibited.

2. Standards of Fabrication

Fabrication is performed following industry-standard best practices, including ABYC and Transport Canada guidelines where applicable. Any modifications requested by the Buyer that deviate from these safety standards are performed at the Buyer’s sole risk. Klacko Marine reserves the right to refuse designs that compromise structural integrity.

3. Marine Load Limitations & Misuse

Buyer acknowledges that all load ratings (Arches, Davits, Cranes) are calculated for Static Loads in calm water. Any use of the product while the vessel is underway in heavy seas, or the use of davits for towing, constitutes misuse. Klacko Marine Inc. is not liable for structural failures caused by dynamic loading, vibration fatigue from wind generators, or improper mounting by third-party installers.

4. Owner’s Duty (Installation & Deck Integrity)

The Buyer is solely responsible for ensuring the vessel’s mounting surfaces (deck, transom, or rails) are structurally sound and appropriately reinforced for the intended loads. Klacko Marine is not responsible for deck compression, gelcoat stress cracks, or hardware pull-through on the vessel.

5. The Klacko Warranty (Structural vs. Finish)

• Structural Integrity: We warrant our fabrications to be free from structural weld defects for one (1) year from the date of shipment.
• Material Finish: While we use North American 316L Stainless Steel, surface oxidation (“tea-staining”) is a natural occurrence in marine environments. Finish maintenance and polishing are the sole responsibility of the Buyer and are not covered under warranty.

6. Deposit & Cancellation

Due to the bespoke nature of our work, a 50% deposit is required to secure raw material and shop time. Deposits are non-refundable once raw material has been cut to profile or CAD design work has commenced.

7. Payment, Title & Liens (RSLA)

Title and ownership of the goods shall not pass to the Buyer until Klacko Marine has received payment in full. All work performed by Klacko Marine Inc. is subject to the Repair and Storage Liens Act (Ontario). The Seller shall have a possessory and non-possessory lien against the vessel and all components until the account is paid in full. In the event of a payment dispute or chargeback, the Buyer agrees to return the goods to Klacko Marine at their own expense or allow Klacko Marine to recover the goods from the vessel, regardless of location.

8. Shipping, Delays & Force Majeure (Chaos Clause)

Klacko Marine Inc. is not liable for failures to perform or delivery delays due to causes beyond its reasonable control, including but not limited to Acts of God, war, strikes, pandemics, government restrictions, or global supply chain disruptions. Lead times provided are estimates only. Time is not “of the essence” in this contract unless specifically agreed upon in writing.

9. Shipping Damage Protocol

Visible shipping damage must be noted on the Bill of Lading at the time of delivery. Any claims for damage or missing hardware must be reported to Klacko Marine in writing within 48 hours of receipt. Failure to report within this window constitutes an absolute waiver of any claim for shipping damage.

10. Limitation of Liability

The total liability of Klacko Marine Inc. for any claim shall not exceed the original purchase price of the specific item. We are not liable for consequential damages, loss of vessel use, or damage to the vessel hull/deck resulting from pre-existing structural weaknesses revealed during installation.

11. Governing Law

This agreement is governed by the laws of the Province of Ontario and the Federal laws of Canada. Any legal action shall be brought exclusively in the Judicial District of Niagara.