ABBOTSFORD

Boatshed.com.au

Terms & Conditions

 

 

 

 

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.

 

If you wish to enquire about our mooring services go to our contact form or

Contact Roger Kyle,

Phone: +61 2 9713 8621

Mobile: +61 428 217 500

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Copyright © 2004 Abbotsford Boatshed. All rights are reserved.

Abbotsford Point Boatshed, 617 Great North Road Abbotsford, Sydney, NSW, 2046

Australia - Phone: +61 2 9713 8621 Fax: +61 2 9713 9911 ABN - 24049466433, Hire Drive Licence No HD0001

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