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Abbotsford Point Boatshed
Mooring Services
Terms & Conditions
Definitions
1.
Abbotsford Boatshed (AB) means any agent or employee employed by
Abbotsford Boatshed to undertake the laying
and servicing of a
mooring.
2.
You means the
customer or the person that ordered the service or supply
3.
Mooring means any or
all parts of the mooring system installed.
General
1.
By ordering the servicing or laying of the mooring you agree to
these terms and conditions.
2.
You must ensure that AB
has relevant contact details for yourself or agent, and ensure
these are kept up to date.
Liability
Risk and Insurance
1.
Risk and title to the mooring passes to you on
completion of the installation of the mooring conditional upon
payment being received from you in accordance with payment
terms. AB reserves the right in relation to the mooring provided
by AB to you to legal ownership of the mooring if you do not pay
AB for installing the mooring in accordance with the "payment
terms" and without liability for trespass or any resulting
damage to retrieve the mooring and keep or re-sell the mooring.
2.
You agree and acknowledge that you will advise your
insurer of the boat that it is on the mooring and the location
of the mooring forthwith.
3.
You and AB acknowledge that the Trade Practices Act and other
laws imply certain conditions or warranties in certain contracts
and also gives parties to those contracts certain other rights
against suppliers of goods and services.
To the extent that such conditions, warranties or other
rights are implied or given by force of law in respect of this
Agreement and it is not lawful to exclude or otherwise limit
their operation, then such conditions, warranties and other
rights shall (but only to the extent required by law) apply to
the Agreement and all other conditions, warranties or rights
which might be implied are expressly excluded.
4.
AB will not be liable to you or to any other person in respect
of any loss or damage arising directly or indirectly (including,
without limitation, damages for loss of business, business
interruption, or other indirect or consequential loss) from the
performance or non-performance of the mooring, faulty
manufacturing of materials used in the installation of the
mooring, or its use or misuse, provision of the Services, or any
breach by AB of any of its obligations under this Agreement.
5.
You shall indemnify AB against all claims, actions, proceedings,
damages and liabilities and legal costs arising out of the boat
being moored on the mooring installed by AB.
The Mooring
1.
You acknowledge and
take responsibility for
the site allocated to you by NSW Maritime being
adequate in terms of sea room and sea depth for your
vessel.
2.
AB will lay a mooring apparatus suitable for the vessel
stipulated in this Tax Invoice at the time of laying or
servicing. No responsibility is taken by AB for vessels other
than that vessel stipulated being attached to the mooring
apparatus.
3.
AB guarantees its workmanship and materials for twelve (12)
months only from the date of installation.
4.
AB will not be responsible for failure of the mooring due to
chafing or rubbing of parts with either the specified vessel, or
objects which may be on the seabed.
Payment
1.
Payment Terms. You agree to pay, without offset, all invoiced
amounts within seven (7) days of AB's invoice date. AB may
change credit or payment terms for unfulfilled orders if, in
AB's reasonable opinion, your financial condition, previous
payment record, or relationship with AB merits such change.
2.
Customer Default. AB may retrieve the mooring apparatus in
accordance with these terms and conditions
if you fail to pay any sum due, or if after ten (10) days
written notice you have not cured any other failure to perform
under these Terms.
Miscellaneous
1.
You are to fully comply with the New South Wales
Maritime Private Mooring Licence Conditions.
2.
The owner agrees to provide (if requested) to AB a
copy of the owners licence issued by New South Wales Maritime
for the mooring.
3.
Any dispute or action in relation to these terms and
conditions of trading shall be subject to the absolute
jurisdiction of the laws of the state of New South Wales.
4.
All expenses, costs and disbursements incurred in
recovery any outstanding monies including legal costs will be
the responsibility of the owner.
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