California Boating Law

CALIFORNIA BOATING LAW

416. Invoice contents. The invoice shall show the repairperson’s business name and address. If the repairperson’s telephone number is on the invoice, it shall be the telephone number that appears in any advertisement or on an advertising sign, and shall be the same number as that listed for the repairperson’s firm name and address in the telephone directory, or on the telephone company records if the number is assigned to the repairperson subsequent to the publication of the telephone directory. 417. Time and materials basis. Notwithstanding Section 413, upon authorization from the customer as to a specific job, a repairperson may work on a vessel on a time and materials basis. 418. Exemptions. (a) This article does not apply to a vessel in distress which is in need of immediate work critical to its preservation and safety, for which consent cannot expeditiously be obtained. (b) This section does not include any situation or accident caused to the vessel by the negligence or conduct of the repairperson or the repairperson’s agent. Actions for any of the causes specified in Section 491 shall be brought against the owners by name, if known, but if not known, that fact shall be stated in the complaint, and the defendants shall be designated as unknown owners. Other persons having a lien upon the vessel may be made defendants to the action, the nature and amount of such lien being stated in the complaint. 491. Liability and liens for services, supplies, work, etc. All vessels are liable for: (a) Services rendered on board at the request of, or under contract with, their respective owners, masters, agents, or consignees. (b) Supplies furnished in this state for their use, at the request of their respective owners, masters, agents, or consignees. (c) Work done or materials furnished in this state for their construction, repair, or equipment. (d) Their wharfage and anchorage within this state. (e) Breach of any contract for the transportation of persons or property between places within this state, made by their respective owners, masters, agents, or consignees. (f) Injuries caused by them to persons or property, in this state. Demands for these several causes constitute liens upon all vessels, have priority in the order enumerated, and have preference over all other demands; but such liens only continue in force for the period of one year from the time the cause of action accrued. 492. Master’s lien for advances made or liability incurred. The master of a vessel has a general lien, independent of possession, upon the vessel and freightage, for advances necessarily made or liability necessarily incurred by him for the benefit of the vessel, but he has no lien for wages. 493. Mate’s and seamen’s lien for wages. The mate and seamen of a vessel have a general lien, independent of possession, upon the vessel and freightage, for their wages, which is superior to every other lien. CHAPTER 2. CIVIL ACTIONS AND LIENS Article 3. Actions Against Vessels 490. Debts contracted for benefit of vessels. Debts amounting to at least fifty dollars ($50), contracted for the benefit of vessels, are liens in the cases provided in Section 491.

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