TERMS OF TRADE

Auckland Marine Boat Valet

1. INTRODUCTION

1.1 These Terms of Trade apply to all goods and services supplied by Auckland Marine Boat Valet ("the Company") to any customer ("the Customer").

1.2 These Terms of Trade shall prevail over any other terms or conditions put forward by the Customer, unless the Company expressly agrees otherwise in writing.

1.3 The Company may amend these Terms of Trade from time to time by providing notice to the Customer.

2. DEFINITIONS

2.1 "Company" means Auckland Marine Boat Valet, its successors and assigns.

2.2 "Customer" means the person, firm, company, or entity purchasing goods or services from the Company.

2.3 "Goods" means all products, equipment, and materials supplied by the Company to the Customer.

2.4 "Services" means all services provided by the Company to the Customer, including but not limited to antifouling, Propspeed application, and professional boat polishing and detailing.

2.5 "Price" means the cost of the Goods and/or Services as agreed between the Company and the Customer.

3. ACCEPTANCE

3.1 Any instructions received by the Company from the Customer for the supply of Goods and/or Services shall constitute acceptance of these Terms of Trade.

3.2 The Company reserves the right to decline any order for Goods and/or Services at its sole discretion.

4. PRICE AND PAYMENT

4.1 The Price shall be as indicated on invoices provided by the Company to the Customer.

4.2 The Company reserves the right to change the Price in the event of variations to the original order.

4.3 For antifouling services, a deposit of 50% of the quoted Price is required from the Customer before work commences, especially for new clients.

4.4 For all other services, payment is due in full upon completion of the work, unless otherwise specifically negotiated and agreed to in writing prior to commencement of work.

4.5 No deferred payment arrangements will be accepted unless specifically negotiated and agreed to in writing prior to commencement of work.

4.6 The Company may require progress payments for work that extends beyond one week.

4.7 Time for payment for the Goods and/or Services shall be of the essence.

4.8 Payment will be made by cash, direct credit, or any other method as agreed between the Customer and the Company.

4.9 GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.

5. DELIVERY AND COMPLETION

5.1 The Company will make every effort to complete the Services within the timeframe discussed with the Customer, but shall not be liable for any delay in completion.

5.2 The Customer shall make all arrangements necessary to take delivery of the Goods and/or Services when they are tendered for delivery or completion.

5.3 Delivery of Goods and/or Services to a third party nominated by the Customer is deemed to be delivery to the Customer for the purposes of this agreement.

6. RISK AND INSURANCE

6.1 The risk in the Goods and/or Services shall pass to the Customer upon delivery or completion.

6.2 The Customer is responsible for insuring their vessel and property against all risks while the Company is performing Services.

6.3 The Company shall not be liable for any loss or damage to the Customer's vessel or property, except to the extent such loss or damage is caused by the Company's negligence.

7. TITLE

7.1 Ownership of the Goods shall not pass to the Customer until the Company has received payment in full for all Goods and/or Services provided to the Customer.

7.2 Until such time as ownership of the Goods passes to the Customer, the Company may give notice in writing to the Customer to return the Goods to the Company.

8. CUSTOMER'S RESPONSIBILITIES

8.1 The Customer shall ensure that the Company has clear and free access to the vessel to enable the Company to complete the Services.

8.2 The Customer shall be responsible for obtaining any necessary permits, consents, or approvals required for the Company to perform the Services.

8.3 The Customer warrants that they are either the owner of the vessel or are authorized by the owner to request the Services.

9. WARRANTY

9.1 The Consumer Guarantees Act 1993 applies to the supply of Goods and Services.

9.2 Warranty work will only apply for jobs specifically negotiated as such in writing prior to commencement of work.

9.3 Any warranty provided by the Company shall be void if the Customer has failed to comply with any instructions provided by the Company regarding the use, storage, or maintenance of the Goods or Services.

9.4 The Company shall not be liable for any defect in the Goods or Services arising from fair wear and tear, willful damage, negligence, abnormal working conditions, failure to follow instructions, misuse, or alteration of the Goods without the Company's approval.

10. CONSUMER GUARANTEES ACT

10.1 If the Customer acquires Goods and/or Services for business purposes, the Customer acknowledges that the provisions of the Consumer Guarantees Act 1993 do not apply.

10.2 Nothing in these Terms of Trade is intended to have the effect of contracting out of the provisions of the Consumer Guarantees Act 1993 except to the extent permitted by that Act.

11. FORCE MAJEURE

11.1 The Company shall not be liable for any failure or delay in performing its obligations under these Terms of Trade where such failure or delay results from any cause that is beyond the reasonable control of the Company.

11.2 Such causes include, but are not limited to: acts of God, natural disasters, adverse weather conditions, flood, fire, earthquake, explosion, epidemic, pandemic (including COVID-19), riot, civil unrest, war, terrorist attack, government action, embargo, labor dispute, strike, lockout, breakdown in machinery, shortage or unavailability of materials, or failure of suppliers or subcontractors to perform.

11.3 The Company shall promptly notify the Customer in writing when such an event causes a delay or failure in performance and when it ceases to do so.

11.4 If the force majeure event continues for a period exceeding 30 days, either party may terminate the agreement by providing written notice to the other party.

11.5 In the event of termination due to force majeure, the Customer shall pay the Company for all Goods delivered and/or Services performed up to the date of termination.

12. LIMITATION OF LIABILITY

12.1 To the extent permitted by law, the Company's liability for any defect or failure in the supply of Goods and/or Services is limited to the repair or replacement of the Goods or the supply of the Services again.

12.2 The Company shall not be liable for any indirect, special, or consequential loss or damage (including loss of profit) arising out of or in connection with the supply of Goods and/or Services.

12.3 The Customer shall indemnify the Company against all claims, damages, losses, and expenses arising from the Customer's breach of these Terms of Trade.

13. DEFAULT

13.1 If the Customer defaults in payment of any invoice when due, the Customer shall indemnify the Company from and against all costs and disbursements incurred by the Company in pursuing the debt including legal costs on a solicitor and own client basis and the Company's collection agency costs.

13.2 Without prejudice to any other remedies the Company may have, if at any time the Customer is in breach of any obligation (including those relating to payment), the Company may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under these Terms of Trade.

13.3 Interest on overdue invoices shall accrue from the date when payment becomes due daily until the date of payment at a rate of 2.5% per calendar month and shall accrue at such a rate after as well as before any judgment.

14. CANCELLATION

14.1 The Company may cancel these Terms of Trade or cancel delivery of Goods and/or Services at any time before the Goods are delivered or Services completed by giving written notice to the Customer. The Company shall not be liable for any loss or damage arising from such cancellation.

14.2 The Customer may cancel an order for Goods and/or Services by providing at least 48 hours' notice prior to the scheduled commencement of work. If the Customer cancels with less than 48 hours' notice, the Company may charge a cancellation fee of up to 25% of the quoted Price.

15. PRIVACY ACT

15.1 The Customer authorizes the Company to collect, retain, and use any information about the Customer for the purpose of assessing the Customer's creditworthiness, marketing products and services to the Customer, or for any other purpose related to the Company's business.

15.2 The Customer authorizes the Company to disclose any information obtained to any person for the purposes set out in clause 15.1.

15.3 Where the Customer is a natural person, the authorities under clauses 15.1 and 15.2 are authorities or consents for the purposes of the Privacy Act 2020.

16. DISPUTE RESOLUTION

16.1 Any dispute arising out of or in connection with these Terms of Trade shall be referred to mediation in the first instance.

16.2 If the dispute is not resolved through mediation within 30 days of referral, either party may commence legal proceedings.

17. GENERAL

17.1 If any provision of these Terms of Trade shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

17.2 These Terms of Trade and any contract to which they apply shall be governed by the laws of New Zealand and are subject to the jurisdiction of the courts of New Zealand.

17.3 The Company shall be under no liability whatsoever to the Customer for any indirect loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by the Company of these Terms of Trade.

17.4 In the event of any breach of this contract by the Company, the remedies of the Customer shall be limited to damages. Under no circumstances shall the liability of the Company exceed the Price of the Goods and/or Services.

17.5 The Customer shall not set off against the Price amounts due from the Company.

17.6 The Company may license or sub-contract all or any part of its rights and obligations without the Customer's consent.

17.7 The Company reserves the right to review these Terms of Trade at any time. If, following any such review, there is to be any change to these Terms of Trade, then that change will take effect from the date on which the Company notifies the Customer of such change.

17.8 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.

18. ENTIRE AGREEMENT

18.1 These Terms of Trade constitute the entire agreement between the Company and the Customer and supersede all prior discussions, representations, and agreements.

18.2 No amendment or variation of these Terms of Trade shall be effective unless it is in writing and signed by both parties.