1. Definitions
In these Terms and Conditions the following words shall, unless the context otherwise requires, have the following meanings:
'Agreement' means this document.
“Contract” means the agreement between Cap Coast Marine & Mechanical and the Customer.
'Customer' means the person, firm, association or company who requests Cap Coast Marine & Mechanical to perform marine mechanical repairs, electrical repairs, modifications and installations.
'Force Majeure' means any act, omission or circumstance over which
Cap Coast Marine & Mechanical could not have reasonably exercised control including, without limitation, Act of God, strikes, lockout, war, government control and unforeseen delays and shortages of services, materials, labour or fuel;
'Instruction' means the customers written or verbal instruction to board the vessel and proceed with work.
'Mercantile Agency' means debt collection agency.
'Parts' means any part related to work required such as anything that CCMM directly installs, considered parts and equipment (engines and gearboxes etc.) installed on the Customer's vessel or supplied to the Customer directly.
'Privacy Act' The Privacy Act 1988 is the principal piece of Australian legislation protecting the handling of personal information about individuals.
'Scope of Works' (SoW) means all works carried out by Cap Coast Marine & Mechanical at the request of the Customer or the agent, including without limitation:
-All repairs, breakdowns and maintenance or improvements.
-Supply of all propulsion systems, machinery, parts, materials, equipment and labour.
-Assembly, installation, repair, modification, overhaul, servicing and maintenance of ship equipment;
'Site' means the site at which the Works are to be carried out or provided;
'Vessel' means the recreational and commercial boat or watercraft described on any estimation, invoice or other document issued by Cap Coast Marine & Mechanical to the Customer, it includes marine engine, propulsion system, electrical controls, equipment and accessories fitted to the Vessel.
'Works' means the work to be performed for the Customer.
1.2 The Customer shall bear the risk of faulty transmission of Orders or instructions given by post, facsimile, email or telephone
1.3 All Works to be provided shall be subject to these Terms and Conditions. The Terms and Conditions shall operate to the complete exclusion of any terms, conditions or other provisions submitted by the Customer at any time and shall supersede all previous negotiations, representations, warranties, offers and agreements, whether written or oral, between Cap Coast Marine & Mechanical and the Customer in connection with the Equipment and/or the Works, unless specifically agreed otherwise by Cap Coast Marine & Mechanical in writing.
2. Scope of Works and Authorisation
The Customer warrants that he or she is the owner of the Vessel or the Vessel owners agent and that he or she has the authority to request that CCMM perform the Works according to the Scope of Works.
Cap Coast Marine & Mechanical may request written or verbal Instruction to proceed with the estimated Work. The Customer acknowledges that estimates for Works are valid for the period stated on the estimate or until such time as the Works is completed.
3. Insurance & Vessel Registration
The Customer warrants that the vessel, premises or other facility owned by them and upon which services are being provided are comprehensively insured and registered as required by legislation. If requested, the Customer will provide CCMM with a Certificate of Currency for the Vessel or other insurance and/or Vessel registration.
4. Customer Acceptance of Estimates
Customer acceptance of the SoW is provided by the Customer contracting CCMM to repair the Vessel and if required, completing a Customer Form. If requested CCMM can provide an estimate. If an estimate is requested, this must be approved by the Customer. If no estimate is requested; the Customer agrees to all charges and costs incurred whilst the SoW is carried out on the Vessel. CCMM can not be held to this estimate, only when an invoice is generated will this be the accurate cost for the SoW. At CCMMs discretion CCMM may request up to a 50% deposit of the total cost before Works can commence. These Terms & Conditions shall apply to any additional works and cost thereof not included in this Estimate and as instructed and agreed to be performed. A supplementary Estimate may be provided.
We have designated rates to carry out the SoW. We can advise you of these costs (parts only) via an estimate if required. CCMM can not be held to any estimate as this is only a guide for the SoW. CCMM do not provide estimates for labour. Should you not request an estimate for the works you are in agreement of the invoice charges. A minimum charge out of one hour applies to all work. Travel charges may apply, but is at the discretion of CCMMs management. CCMM can and will charge upwards of $250 per callout from the Yeppoon region if work is too be carried out as an emergency, public holiday or weekend.
To the fullest extent permitted by law, CCMM excludes all warranties, terms, conditions or undertakings of any nature and in any form (whether express or implied, written, oral, statutory or otherwise) in relation to the Services, any products or services it may supply to the Customer, and in relation to the Agreement. CCMM will not be liable to the Customer in contract, tort (including without limitation, negligence) or otherwise out of or in connection with the Agreement for
(i) any loss of revenues, loss of profits, loss of business or anticipated savings, loss of goodwill and/or reputation or loss arising out of business interruption (whether such losses are direct or indirect),
(ii) any indirect or consequential loss or damage,
(iii) any injury whatsoever to the Customer or its Representatives, nor any loss or damage to or theft of the Customer or its Representatives property howsoever such injury, loss or damage may be caused (including without limitation in negligence), or
(iv) any damage, loss, delay or expense incurred or suffered by the Customer caused or contributed to by any event or circumstance beyond CCMM's control. CCMMs maximum liability to the Customer under, or in connection the Agreement is limited to the amount actually paid by the Customer to CCMM for the Services under the Agreement. The Customer must indemnify and keep indemnified CCMM from and against all losses, actions, claims, procedures, damages, costs and expenses of any kind arising out of or in connection with a breach of this Agreement by the Customer or its Representatives, and for the Customer or its Representatives acts or omissions (including negligence).
Cap Coast Marine & Mechanicals Bank Details are:
Acceptance of these Terms and Conditions is seen by payment being submitted to the nominated account. All accounts unless otherwise agreed in writing shall be paid upon receipt of goods, prior to final completion of works or at completion of the Works related to the SoW or services rendered by CCMM for the Customer. All engine packages will be paid prior to ordering, either by; a deposit nominated by the Supplier to secure or by full payment. If the SoW requires greater than seven days CCMM reserves the right to issue a weekly invoice for Works completed and to cease work until the account is paid, with any costs incurred as a result, such as additional hardstand, to the account of the Customer. Postponement of Payment CCMM may agree in writing to postponement of payment of any monies owing to CCMM by the Customer, at which time interest shall be payable by the Customer on the highest debt balance of each calendar month on monies owing by the Customer to CCMM, calculated daily from the date monies are due at a rate of 14% per annum. All risks in any goods ordered by CCMM for the Customer shall be deemed passed to the Customer from the time the goods are loaded or delivered to CCMM by a courier or carrier consigned to CCMM. The customer hereby acknowledges that the goods supplied by CCMM shall remain the property of CCMM until CCMM receives full payment for the Parts and Works. CCMM reserves the right to place a caveat or encumbrance on a vessel for non-payment. The Customer agrees that Disputes and/or claims do not constitute grounds for non-payment of Invoices for estimates and additional Works. The Customer agrees that CCMM may attend upon the Vessel or premises without the Customer and retrieve any equipment or parts supplied that have not been paid for as agreed under these Terms & Conditions.
CCMM may terminate the Agreement immediately by notice in writing to the Customer, if the Customer or its Representative breaches the Agreement. The Terms and Conditions of this Agreement will remain in force following the Termination of the Agreement and will not affect the rights or obligations of the parties which have accrued up to the date of termination. If the termination of the Agreement is due to the Customer breaching an form of the Agreement, the Customer acknowledges that CCMM can hold or sell any Parts purchased for SoW to recoup monies owed, can hold any deposits paid and if any monies owed to the Customer will be transferred, this is to CCMM's discretion.
CCMM reserves the right to use the services of a Mercantile Agency. The Customer agrees that the law of the Queensland Factors Act 1892 shall apply to this Agreement and their dealings with CCMM. The Customer hereby charges all land/ vessels owned by the Customer or in the future acquired by the Customer to secure payments of all monies which are or may be owing under this Agreement and consents to an absolute caveat or encumbrance being registered by CCMM at any time in respect of such land/vessel to protect its charge. Any legal costs or other expenses whatsoever, including Mercantile Agency fees incurred by CCMM in respect to recovering the debt for the Work done shall be paid by the Customer.
CCMM warrants its workmanship for a period of 3 months depending on the Part or SoW provided. Manufacturers parts warranty applies to all installed parts. CCMM will not in any circumstances be liable for any claim or loss, damage or injury, including any economic or consequential loss arising out of or in any way connected with the performance of the SoW whether involving negligence of CCMM or otherwise. A claim must be made in writing within three (3) months of the earliest of the following occurring, at which time the Terms and Conditions of the Agreement shall apply:
Works being completed; or
The Vessel leaves care or control of CCMM.
10. Performance of Contract
Any period or date for delivery of Parts or provision of Works stated is an estimate only and not a contractual commitment.
CCMM will use its best endeavours to meet any estimated dates for delivery of Parts or SoW but will not be liable for any loss or damage suffered by the Customer or any third party for failure to meet any estimated date. If the CCMM cannot complete the services by any estimated date, it will complete the services within a reasonable time.
Some Parts, engine packages, transmissions etc will require an nominated deposit or full payment prior to ordering; this will be stipulated when an estimate has been provided. Parts will not be ordered and are subject to sale until such time as receiving the monies required to secure. CCMM acknowledges that they are not responsible for providing the correct part numbers if the correct information is not provided by the Customer. The Customer is responsible for providing accurate serial numbers of the equipment for which the parts are required. Failure to provide the correct serial numbers may result in the wrong parts being supplied, and the Supplier or CCMM shall not be held responsible for any resulting issues. It is the Customer's responsibility to thoroughly check the parts received upon delivery. Any discrepancies or issues with the Part should be reported to the CCMM within a reasonable time frame (3 days or 72 hours). CCMM will not be held responsible for any issues that arise due to the customers failure to verify the parts. Parts can be refused for return if they have been fitted, altered, or damaged after purchase. The Parts must be returned in the same condition as they were sold, with all original packaging and documentation intact. Any dispute or disagreement regarding the supply of Parts shall be resolved through mutual discussion and negotiation between the customer and CCMM.
12. Manufacturer's Warranty
CCMM is not responsible or liable under any manufacturer's warranty however will use its best endeavours to pass on for the benefit of the Customer any warranty provided by the manufacturer of the goods.
13. Engine Operation Test
The Customer agrees to ensure that an on water operational test (Operational Check) is conducted for every Vessel re-power to determine whether the engine is operating within its main design parameters. This is compulsory and is CCMM's policy and that of the manufacturer.
For and on behalf of Cap Coast Marine & Mechanical. You agree CCMM may review these terms and conditions at any time and this is the Customers responsibility to check any future changes to these conditions.
