Gold Coast Antifouling Terms of Trade
We recommend you read the following before agreeing to the terms of trade and starting work with Gold Coast Antifouling.
1. Definitions
In these Terms of Trade:
Business means Gold Coast Antifouling Pty Ltd (ABN 58 637 529 048).
Customer means the person or entity requesting or accepting the Business’s goods or services.
Vessel means the boat, yacht, personal watercraft or other marine vessel supplied to the Business.
Services include antifouling, hull preparation, pressure cleaning, sanding, polishing, painting, repairs, haul-out coordination, launching, inspections and any associated work.
Marina means any marina, boatyard, travel lift operator, forklift operator or third-party contractor engaged to lift, launch, move or store the vessel.
2. Acceptance
These Terms apply to every quotation, work order and invoice issued by the Business.
Acceptance occurs when the Customer:
- accepts a quotation;
- instructs the Business to commence work;
- delivers the Vessel for work;
- authorises the Business to arrange haul-out;
- pays a deposit.
The Customer acknowledges having had the opportunity to read these Terms before acceptance.
3. Quotations
Quotes remain valid for 30 days unless otherwise stated.
Quotes are based upon information supplied by the Customer.
Additional work discovered after commencement will be quoted separately where practical.
4. Variations
Marine work frequently uncovers hidden defects.
The Business may recommend additional repairs where deterioration or damage becomes apparent.
The Business will obtain approval before carrying out additional chargeable work where reasonably practicable.
5. Payment
Deposit due as quoted.
Balance payable prior to release unless otherwise agreed.
Late payments attract interest under the Penalty Interest Rates Act or 10% per annum whichever is lawful.
Customer is responsible for reasonable debt recovery costs.
6. Haul-Out and Launching
Where haul-out or launching forms part of the quoted service, the Business may arrange lifting through an independent Marina.
The Business may coordinate lifting but does not necessarily own, operate or control lifting equipment.
The Customer authorises the Business to engage third-party marinas and contractors for haul-out, launching and movement of the Vessel.
7. Third Party Marina Services
The Customer acknowledges that:
- lifting equipment is generally owned and operated by the Marina;
- marina personnel may perform lifting operations;
- marina procedures may apply in addition to these Terms.
The Business is entitled to rely upon competent third-party contractors to perform lifting operations.
8. Customer Responsibilities
The Customer warrants that:
they own the Vessel or have authority to authorise work;
the Vessel is safe to lift;
all known defects have been disclosed;
all underwater fittings have been disclosed;
all unusual lifting requirements have been disclosed.
9. Underwater Equipment
Prior to haul-out the Customer must advise the Business of:
transducers
side scan sonar
through-hull fittings
underwater cameras
trim tabs
interceptors
stern drives
pods
stabilisers
foil systems
keel modifications
aftermarket fittings
The Business may refuse to haul any Vessel presenting an unusual lifting risk.
10. Existing Damage
The Business is not responsible for:
existing cracks
UV deterioration
corrosion
poor previous repairs
latent defects
poor installations performed by others
components failing due to age or deterioration.
11. Photographic Records
The Business may photograph:
the Vessel
its condition
underwater fittings
work performed
damage
completed work
These photographs may be used:
to document condition
for insurance purposes
to resolve disputes
for internal records.
Marketing use requires customer consent.
12. Care of Vessel
The Business will exercise reasonable care and skill while the Vessel is under its control.
Nothing in these Terms excludes guarantees that cannot lawfully be excluded under the Australian Consumer Law.
13. Limitation of Liability
Subject to the Australian Consumer Law:
The Business’s liability is limited to loss directly caused by its proven negligence.
The Business is not liable for:
indirect loss
loss of use
loss of charter income
consequential losses
travel costs
personal time
business interruption
unless required by law.
The Customer must take reasonable steps to minimise any loss.
14. Damage Claims
The Customer must notify the Business of alleged damage as soon as reasonably practicable.
The Business must be given a reasonable opportunity to inspect the alleged damage before repairs are undertaken by others except where immediate repairs are necessary for safety.
Failure to provide this opportunity may affect the Business’s ability to assess liability.
15. Repairs by Others
Except in emergencies, the Customer must not authorise third-party repairs for which reimbursement is sought without first giving the Business a reasonable opportunity to inspect the Vessel and propose an appropriate remedy.
16. Australian Consumer Law
Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy that cannot lawfully be excluded under the Competition and Consumer Act 2010 (Cth).
Where permitted by law, liability is limited to:
re-supplying the services
or
paying the reasonable cost of re-supplying the services.
17. Insurance
Customers remain responsible for maintaining insurance over the Vessel.
The Business maintains appropriate public liability insurance.
18. Delays
Completion dates are estimates only.
Weather
marina delays
parts shortages
supplier delays
hidden defects
may delay completion.
19. Storage
Storage charges may apply where a Vessel is not collected within 7 days of completion.
20. Abandoned Vessels
Where lawful, the Business may recover storage costs and exercise rights available under Queensland law regarding abandoned property.
21. Warranty
The Business warrants its workmanship for 12 months.
This warranty excludes:
normal wear
electrolysis
UV degradation
customer misuse
poor maintenance
third-party modifications
22. Customer Supplied Parts
No warranty is provided on customer supplied materials.
23. Cancellation
Deposits may be retained to cover costs incurred.
Special order materials remain payable.
24. Force Majeure
The Business is not liable for delays caused by:
weather
cyclones
flood
government action
industrial action
supplier shortages
power failures
events beyond reasonable control.
25. Dispute Resolution
The parties agree to attempt to resolve disputes in good faith before commencing legal proceedings where practical.
26. Governing Law
Queensland.
27. Privacy
Customer information will only be used for:
providing services
accounting
insurance
warranty
legal compliance.
28. Entire Agreement
These Terms constitute the entire agreement unless varied in writing.