GENERAL TERMS AND CONDITIONS
“Account” means your account with Us and if an Account is held by You, You are the Account Holder;
“Administration Costs” means costs incurred by us as a result of your Account being unpaid by the due date and include the Default Fee;
“Agreement” means these terms and conditions as amended from time to time;
“Australian Standards” means the standards applicable to the Services, as well as any other standards noted in the Quote;
“Authorised Persons” means You and any persons authorised by You to liaise with Us on Your behalf and includes your employees, contractors, sub-contractors, executors and / or administrators;
“Boat” means the vehicle to which the Products and Services apply;
“Commencement Date” means the date of this Agreement or the date any Product, Service or Quote is provided to You, whichever is earlier;
“Costs” means any costs associated with this Agreement and Your use of the Services;
“Credit Application” means a credit application completed by You and accepted by Us (the terms of which do not form part of this Agreement);
“Customer” means the ultimate recipient of the Products and / or Services and includes the Third Party Customer as the context requires;
“Default Fee” means the sum of $55.00 (inc GST) being the fee payable if your Account shall be in arrears for greater than 14 days and we issue any reminder notices to You;
“Delivery” means the delivery of the Products, whether by delivery to You, the Boat, any other location as directed by You, or collection from Us;
“Demand Costs” means the legal costs incurred by Us to issue a letter of demand to You if your Account remains unpaid for a period of 28 days from the due date, being $250.00 plus GST as at the date of this Agreement;
“Deposit” means the deposit payable by You in accordance with this Agreement;
“Force Majeure” means any event outside of Our control which will have an impact on Our ability to provide the Services to You including acts of terrorism, acts of war, acts of God, tempest, heavy rain, equipment issues, pandemics, strike or other industrial action and such other events reasonably determined by Us as being outside of Our control;
“Intellectual Property” means reports, designs, checklists and / or other proprietary information that was created by Us, including our internal processes;
“Invoice” means a tax invoice issued by Us to You for the supply of the Services, as required from time to time;
“Job” means any individual Service provided by Us to You pursuant to each Quote or purchase order raised by You;
“Owner” means the owner of the Boat where the Services will be provided;
“Products” means any products an d/ or materials supplied by Us to You or the Customer as required from time to time;
“Quote” mean a quote provided by Us to You for the Services;
“Reports” means any reports issued by Us to You following the completion of the Services as may be required by You;
“Service” means any service utilised or requested by You in accordance with this Agreement, including detailing, maintenance, restoration repairs, supply / delivery and / or installation of Products, and management and planning and / or any other service provided by Us to You from time to time (including any Reports), as may be advertised on our website and in accordance with this Agreement;
“Sub-Contractors” means any person contracted by Us to provide the Services to You;
“Term” means the term of this Agreement as noted in Clause 2 of this Agreement;
“Third Party Customer” means the ultimate recipient of the Products / Services, who does not contract directly with Us and includes any head contractors or Owners;
“Us” / “Our” / “We” means A1 Marine Pty Ltd (ACN 112 106 108) as trustee for The Rynhoud Family Trust (ABN 45 329 006 022) trading as A1 Marine and its employees, authorized representatives and assigns;
“Utilities” means water, gas and electrical utilities and services (including fixtures and fittings) within the Boat;
“Worksite” means the location where the Services will be provided;
“You” means the person who contracts with Us or engages Us to quote or provide any Services.
Deposits may be payable by You in accordance with clause 7.2 of this Agreement and We may use the Deposit to pay for the hire of any equipment or third party suppliers, in order to provide the Products or Services to You. Any Deposits paid by You are non-refundable.
We may charge you Administration Costs, Demand Costs and / or Default Fees in accordance with this Agreement if You do not pay Your Invoices as required. These costs also include any debt recovery and legal costs (on an indemnity basis) that may be incurred by Us should you default on this Agreement.
We reserve Our right to charge You interest on any accounts in arrears for more than 14 days at a rate of 15% per annum. The interest charged will form part of the Arrears and must be paid in full before the provision of any further Products, Services or Reports to You.
You may be liable for additional fees if You wish to pay an Invoice by credit card. Current credit card fees are 1.5% of any payment made by You by credit card and these fees will vary from time to time.
All Costs and charges are exclusive of GST and are in Australian dollars unless otherwise stated.
Should You request We proceed with a Job as per the Quote, We will advise you of the estimated completion date for the Services. This estimated date may vary (including being cancelled and rescheduled) based on weather conditions at the date the Services are to be provided, access restrictions at the Boat, Force Majeure, scheduling issues and / or such other reasons which may restrict our ability to provide the Services at the time anticipated.
Upon full payment of the Invoice, ownership of the Report will vest in You (or the Third Party Customer if applicable). Unless and until the Invoice has been paid in full, We retain ownership of the Report and reserve Our rights to take action as We see fit to enforce Our rights.
We will make Our best endeavours to provide the Services and Reports to You within the time frames detailed in the Quote, as may be amended from time to time if required by Us. We take no responsibility for any delays which have been caused by Your breach of this Agreement or Force Majeure.
Our price list may vary from time to time and the price payable by You will be as per the current price list at the date of Invoice, or in accordance with a current Quote.
If You direct us to deliver Products to an address and direct us to leave the same unattended, the said delivery shall be at Your sole risk and You must ensure the same are insured as You require. We accept no liability for Products delivered as directed by You.
You agree and acknowledge that materials supplied may vary in shade, texture and / or finish and may fade over time or become damaged if exposed to the elements / chemicals, or impacted / scratched. You are responsible for reviewing the manufacturer’s instructions and recommendations regarding the care of the same as required.
You will provide Us or our agents and Sub-Contractors safe and prompt access to the Boat to inspect the Boat and / or complete the Services, including if we reasonably require access following termination of this Agreement.
If You are not the Owner, You agree that You have obtained the consent of the Owner to allow Us to supply the Services within the Boat.
You are responsible for ensuring the Boat is safe and free of any obstacles.
We may test drive the Boat at our discretion and / or drive the Boat to or from a nominated delivery point if requested by You. We are not liable for any damage to the Boat, unless caused by the negligence and / or wilful misconduct of our staff.
We make assumptions about the Boat based on information provided by You for the Job and as detailed in the Quote. Should these assumptions be incorrect (which We only know with certainty when the Job has commenced), We will contact You or Your Authorised Person to obtain a verbal confirmation We are authorised to proceed with the Services for the Job and confirm any additional Costs if We proceed. We reserve Our rights to cease works if We reasonably determine authority from You or the Authorised Person is required to proceed, and cannot be obtained.
You agree and acknowledge no rights or title to the Products shall vest in You or the Customer unless and until We have been paid all monies due to Us and all other obligations of the Customer have been met.
We may offer You the privilege of being an Account Holder with Us, subject to a Credit Application being completed by You and accepted by Us, in accordance with our applicable terms and conditions at the time of application. We may refuse or revoke any Account in our absolute discretion, including if the Account Holder is in breach of this Agreement and / or their Account is in arrears. It is a condition of any Account being granted to You that any guarantees required from You are provided as required. The terms and conditions of an Account do not form part of this Agreement, however this Agreement will remain applicable to any Account Holders.
We warrant that we will comply with all Australian Consumer Laws.
If You notify Us in writing within 14 days of Us completing the Job that there are issues with the Services provided and / or the Report, We will remedy any defects as soon as reasonably possible at Our expense. This acceptance of liability does not include any defects or issues arising from the actions of third parties.
You agree and acknowledge that there are customary building industry tolerances that apply to the Products. When We are providing the Products and Services to You, you acknowledge there will be tolerances as determined by the Australian Standards and industry accepted tolerances. You are responsible for checking the accuracy of all measurements and providing accurate data to Us.
We may suspend the Services and supply of any Reports to You if:
Should We enter into any subsequent agreement with You relating to any Services, this Agreement will prevail and this Agreement will be treated as being re-executed by You one day after we have signed any further Agreement with You.
Should We be required to instruct solicitors to enforce this Agreement against You, such as contacting You to demand the payment of costs and Costs in relation to this Agreement, as well as commence any proceedings against You, You agree and acknowledge that You will be liable for all of our legal costs and expenses on a full indemnity basis.
We do not guarantee, represent, or warrant that our Services will be uninterrupted or error-free.
You agree that, to the maximum extent permitted by law, any and all liability and responsibility of Us to You, the Third Party Customer, the Owner or any other person under or in connection with this Agreement, or in connection with the Services, or Your use of or inability to use the the Services is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise providing that such loss or damage has not resulted from Our breach of this Agreement or Our negligent acts or omissions.
Our liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, general and special damages and consequential and incidental loss.
We may use Your address, contact and email account details as provided in this Agreement to provide You with Quotes, Invoices, reminder notices and other administrative notices and receipts from Us.
We will take all possible and reasonable steps to rectify any faults that are required to be rectified by Us in accordance with this Agreement and any relevant Australian Consumer Law.
This Agreement may be varied by Us from time to time by notice in writing to You.
The proper law of this Agreement shall be the law of Western Australia and the parties to this Agreement agree to unconditionally submit to the non-exclusive jurisdiction of the courts of Western Australia.
All Notices must be in writing and addressed to the party at their address nominated in this Agreement, or as amended in writing from time to time.
If You or the Customer are trustee of a trust (the “Trustee”), You warrant:
You must not assign any of Your rights or obligations under this Agreement without Our written consent, which may be arbitrarily withheld.
We may assign Our rights under this Agreement to any successors, assigns or purchasers of our business, with notice to You in writing.
We may from time to time provide You or the Third Party Customer with Our Intellectual Property. You must not at any time, without our express written consent, allow for any of Our Intellectual Property to be transmitted, copied, provided to any third parties and / or provided to the public domain and You must make all best endeavours to protect our Intellectual Property which You agree and acknowledge has significant commercial value.
We will communicate with You via electronic means to the email address provided by You from time to time. For contractual purposes, You:
Subject to any express consent in writing of any of the parties no waiver by any party or any default in the strict and literal performance of, or compliance with, any provision, condition, or requirement of this Agreement shall be deemed to be a waiver of strict and literal performance of, and compliance with, any other provision, condition or requirement, nor to be a waiver of, or in any manner release of, any other party from strict compliance with any provision or requirement in the future or in any manner impair the exercise of any such rights accruing to it