Terms of service

TERMS & CONDITIONS

1. Definitions

‘Agreement’ means this document.
‘Customer’ means the person, firm, association or company who requests Cap Coast Marine & Mechanical to perform marine mechanical repairs, electrical repairs, modifications and installations.
‘Instruction’ means the customers written instruction to board the vessel and proceed with work.
‘CCMM’ means Cap Coast Marine & Mechanical and its employees or subcontractors.
‘Mercantile Agency’ means debt collection agency.
‘Parts’ means cables, wires, parts and equipment installed on the Customer's vessel.
‘Privacy Act’ The Privacy Act 1988 is the principal piece of Australian legislation protecting the handling of personal information about individuals.
‘Vessel’ means the recreational and commercial boat or watercraft described on any quotation, invoice or other document issued by Cap Coast Marine & Mechanical to the Customer, it includes marine electrical controls, equipment and accessories fitted to the Vessel.
‘Scope of Works’ (SoW) means all works carried out by Cap Coast Marine & Mechanical at the request of the Customer or his agent, including without limitation: 
• All repairs, breakdowns and maintenance or improvements.
• Supply of all machinery, Parts, materials, equipment and labour.
‘Works’ means the work to be performed on the Customer's boat.

2. Scope of Works and Authorisation

The Customer warrants that he or she is the owner of the Vessel or the Vessel owner’s agent and that he or she has the authority to request that Cap Coast Marine & Mechanical perform the Works according to the Scope. The Customer shall provide written Instruction to proceed with the quoted Work. The Customer acknowledges that quotes for Works are valid for the period stated on the quote.

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 Cap Coast Marine & Mechanical with a Certificate of Currency for the vessel or other insurance and/or vessel registration.

4. Customer Acceptance of Estimates

On the Customer's acceptance of a Cap Coast Marine & Mechanical estimate, the Customer must give Cap Coast Marine & Mechanical written approval to proceed, by signing the estimate. At Cap Coast Marine & Mechanical’ discretion Cap Coast Marine & Mechanical 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.

5. Schedule of Rates

Cap Coast Marine & Mechanical has the following rate or all Works performed – $150 per hour including GST. A minimum charge out of one hour applies to all work. Travel charges may apply, but is at the discretion of Cap Coast Marine & Mechanical’s management. Cap Coast Marine & Mechanical can and will charge $250 per callout from the Yeppoon region if work is too be carried out as an ‘emergency’, public holiday or weekend.

5. Liability & Indemnity

To the fullest extent permitted by law, Cap Coast Marine & Mechanical 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. Cap Coast Marine & Mechanical 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 Representative’s 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 Cap Coast Marine & Mechanical's control. Cap Coast Marine & Mechanical’s maximum liability to the Customer under, or in connection the Agreement is limited to the amount actually paid by the Customer to Cap Coast Marine & Mechanical for the Services under the Agreement. The Customer must indemnify and keep indemnified Cap Coast Marine & Mechanical 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).

6 Payment

Cap Coast Marine & Mechanical’s Bank Details are:

Commonwealth Bank
BSB: 067-115
Account: 10292163

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 Cap Coast Marine & Mechanical for the customer. If the SoW requires greater than seven days Cap Coast Marine & Mechanical 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 – Cap Coast Marine & Mechanical may agree in writing to postponement of payment of any monies owing to Cap Coast Marine & Mechanical 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 Cap Coast Marine & Mechanical, calculated daily from the date monies are due at a rate of 14% per annum. All risks in any goods ordered by Cap Coast Marine & Mechanical for the Customer shall be deemed passed to the Customer from the time the goods are loaded or delivered to Cap Coast Marine & Mechanical by a courier or carrier consigned to Cap Coast Marine & Mechanical. The customer hereby acknowledges that the goods supplied by Cap Coast Marine & Mechanical shall remain the property of Cap Coast Marine & Mechanical until Cap Coast Marine & Mechanical receives full payment for the Parts and Works. Cap Coast Marine & Mechanical 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 quoted and additional Works. The Customer agrees that Cap Coast Marine & Mechanical 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.

7. Termination

Cap Coast Marine & Mechanical 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.

8. Mercantile Agency.

Cap Coast Marine & Mechanical 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 Cap Coast Marine & Mechanical. 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 Cap Coast Marine & Mechanical 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 Cap Coast Marine & Mechanical in respect to recovering the debt for the Work done shall be paid by the Customer.

9. Time Bar and Warranty

Cap Coast Marine & Mechanical warrants its workmanship for a period of 6 months. Manufacturers’ parts warranty applies to all installed parts. Cap Coast Marine & Mechanical 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 Cap Coast Marine & Mechanical or otherwise, unless such claim is made in writing within six (6) 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 Cap Coast Marine& Mechanical.

You agree that Cap Coast Marine & Mechanical may review these terms and conditions at any time.

For and on behalf of Cap Coast Marine & Mechanical