1.Parties and application
1.1These terms apply to every quote, estimate, booking, job, supply of parts, supply of equipment, travel job and repair job carried out by Marsden Cove Marine Ltd of Shop 1, 82 Marsden Bay Drive, Marsden Cove, Marsden Point, Whangarei 0118, New Zealand, trading as Marsden Cove Marine, MCM, we, us or our.
1.2These terms apply to the person who instructs the work, whether that is the owner of the vessel, engine, drive, trailer, equipment or goods, or an agent acting with the owner's authority, referred to as you or your.
1.3If you instruct us as an agent, skipper, manager, broker, charter operator, tenant, representative or other person acting for the owner, you confirm that you have authority to bind the owner and you remain responsible for payment. You indemnify us against any claim, cost or loss arising if you did not have that authority.
1.4You accept these terms when you book work, approve an estimate, approve a quote, authorise us to order parts, or leave a vessel, engine, drive, trailer, equipment or goods with us, whichever happens first.
1.5These terms apply together with any written estimate, quote, job authorisation, work order or other written agreement we give you for a job. If there is a conflict, the written estimate, quote, job authorisation or work order prevails for that job, but only to the extent of the conflict.
1.6By approving an estimate, quote or job authorisation, or by instructing us to proceed, you confirm that you have read and accept these Terms and Conditions. If you are acquiring the goods or services in trade, the parties agree to contract out of the Consumer Guarantees Act 1993 to the extent set out in these terms.
2.Estimates, approval and the final invoice
2.1We work to estimates. An estimate is our honest assessment of the likely cost based on the information available at the time. It is not a fixed price unless we give you a written fixed quote for a clearly defined scope of work.
2.2We start the work you have agreed to. If we find anything unexpected once we are into the job, we will stop on that item, give you a report and an estimate for the extra work, and nothing further will proceed on that item without your approval, unless urgent protective work is required under clause 2.7.
2.3Approval may be given in person, by phone, by text message, by email, or by any other clear instruction from you. We record approvals against the job where reasonably practical.
2.4The final invoice will reflect the work actually done, the labour actually incurred, the parts actually supplied or used, any travel, freight, subcontractor or specialist costs, and any extras approved along the way.
2.5If you decline extra work, further investigation or repairs that we recommend, we will note that on the job record where practical. We are not responsible for the consequences of faults, risks or defects you chose to leave unrepaired or uninvestigated.
2.6Estimates, inspections and reports are based on what is reasonably visible, accessible and testable at the time. We are not responsible for latent defects, corrosion, hidden damage, previous repairs, poor installation, contamination, water ingress, overheating, lack of maintenance, or faults that could not reasonably be identified without further dismantling, testing or investigation.
2.7If we cannot contact you and urgent work is reasonably required to protect the vessel, engine, drive, trailer, equipment, people, property or the environment, you authorise us to take reasonable steps to minimise risk or prevent further damage. You must pay the reasonable costs of that urgent protective work.
3.Consumer Guarantees Act 1993 and Fair Trading Act 1986
3.1We carry out services with reasonable care and skill, and we supply parts and goods that meet the guarantees required by the Consumer Guarantees Act 1993 where that Act applies.
3.2Nothing in these terms excludes, restricts or modifies any right or guarantee you have under the Consumer Guarantees Act 1993 where you acquire goods or services of a kind ordinarily acquired for personal, domestic or household use.
3.3Where you acquire goods or services from us in trade, and all parties to the transaction are in trade, the parties agree, for the purposes of section 43 of the Consumer Guarantees Act 1993, that the Consumer Guarantees Act 1993 does not apply to the goods or services supplied under that transaction. You acknowledge that it is fair and reasonable for the parties to be bound by this clause, having regard to the commercial nature of the transaction, the nature and value of the goods or services supplied, and the opportunity to review these terms before instructing us.
3.4Clause 3.3 does not apply where you acquire goods or services as a consumer, or where it would not be fair and reasonable for the parties to be bound by that clause.
3.5Nothing in these terms limits any right, remedy or obligation that cannot lawfully be excluded, restricted or modified, including under the Fair Trading Act 1986.
4.Payment
4.1Invoices are payable in full on completion of the work, unless we have agreed other payment terms with you in writing before the work starts.
4.2We may require a deposit before we order parts, arrange travel, or begin larger jobs, including repowers. Parts, equipment and materials ordered specifically for your job must be paid for, or covered by deposit, before we place the supplier order. Once a supplier order has been placed, you are responsible for our reasonable costs and commitments for that order, including supplier cancellation charges, freight, customs charges, exchange-rate costs and restocking fees. We may apply your deposit toward those costs. Any balance will be refunded to you, except to the extent we are entitled to retain it under these terms or at law. Nothing in this clause limits any refund or remedy you may have under the Consumer Guarantees Act 1993 or Fair Trading Act 1986.
4.3Overdue accounts incur interest at 15% per annum, calculated daily from the due date until payment.
4.4You must pay all reasonable costs we actually incur recovering an overdue account, including collection agency fees, court filing fees, enforcement costs, and legal costs on a solicitor and client basis.
4.5Card and contactless payment surcharges may apply where permitted by law. Any surcharge will be disclosed before payment and will not exceed our reasonable cost of accepting that payment method.
4.6Ownership of parts, equipment and goods we supply remains with us until they have been paid for in full. Until then, you hold those goods as bailee for us and must not sell, remove, dispose of, encumber or interfere with them without our written consent.
4.7Where you acquire goods or services from us in trade, or where we supply high-value parts, engines, drives, electronics or equipment on credit, you grant us a security interest in the goods we supply, any proceeds of those goods, and, where applicable, the vessel, engine, drive, trailer or equipment to which those goods are fitted, to secure payment of all amounts owed to us. You agree to sign any document and provide any information reasonably required so we can register and maintain that security interest on the Personal Property Securities Register.
5.Lien, storage and uncollected goods
5.1We may hold the vessel, engine, drive, trailer, equipment, parts or goods until every amount you owe us is paid in full. This right is in addition to, and does not replace, any lien available to us at law as a repairer.
5.2Once we tell you the job is complete, you have 7 days to collect and pay, unless we agree otherwise in writing.
5.3After the 7-day grace period in clause 5.2, storage charges may begin without further notice. Storage is chargeable at $10 plus GST per day for trailer boats, vessels on trailers and trailers, and $5 plus GST per day for outboard engines, large parts, equipment and other goods.
5.4Any third-party marina, hardstand, haul out, storage, berthage, cranage, forklift, transport or similar charges are additional to our storage charges and may be passed on to you at cost, unless we agree otherwise in writing.
5.5If an amount secured by our repairer's lien remains unpaid for two months or more after it became payable, and the vessel, engine, drive, trailer, equipment, parts or goods remain in our possession, we may sell the goods by public auction under the lien process in the Contract and Commercial Law Act 2017.
5.6Before exercising the power of sale under clause 5.5, we will give at least one week's notice of the sale to you, if your address is known to us, and by advertisement in a newspaper published or circulating in the area where the work was done. The notice will state our name, the amount owed, a description of the goods, the time and place of sale, and the auctioneer's name.
5.7Sale proceeds will be applied first to the costs of advertising and sale, then to the amount due under the lien, and any surplus will be paid as required by law.
5.8Clauses 5.5 to 5.7 do not limit any other lawful right we have to recover payment, storage charges, interest, legal costs, collection costs or other amounts owed to us.
6.Parts and warranty
6.1New parts and equipment carry the manufacturer's warranty, which we pass through to you where available. This includes Mercury, MerCruiser, Volvo Penta, Simrad, Lowrance, B&G and Mastervolt product, and Horizon and Sea Recovery watermakers supplied through the national distributor.
6.2Our workmanship is warranted for 3 months from completion of the job, unless a longer period is stated in writing for that job. This warranty covers the labour required to put right defective workmanship by us. It does not cover fair wear and tear, corrosion, misuse, neglect, lack of scheduled servicing, contamination, overheating, water ingress, pre-existing faults, consequential damage, or work done on the vessel, engine, drive, trailer, equipment or goods by anyone else. Where the Consumer Guarantees Act 1993 applies, this warranty is in addition to your rights under that Act.
6.3If you supply your own parts, we warrant our fitting workmanship only. We give no warranty on the parts themselves, and we are not responsible if a part you supplied is the wrong specification, is poor quality, is not genuine, does not fit, fails, or causes damage to other equipment.
6.4Warranty claims on parts follow the manufacturer's or supplier's warranty process. We manage that process for parts we supplied and fitted.
6.5You must give us a reasonable opportunity to inspect and assess any alleged warranty issue before anyone else carries out further work. We are not responsible for additional costs, repeat work or third-party repairs unless we have approved those costs in writing beforehand, except where the law requires otherwise.
7.Subcontracting
7.1We may engage trusted specialists, subcontractors, suppliers, manufacturers, distributors, machine shops, fabricators, electronics specialists, CNC engineers or other service providers for parts of a job where we consider that appropriate.
7.2This may include our network of CNC engineers in New Zealand and overseas for custom machined components designed in house.
7.3Subject to these terms, we remain your single point of contact for the job and stand behind the finished work we supply.
8.Vessel access, movement and sea trials
8.1You authorise us to board, start, run, move, haul, launch, berth and sea trial the vessel, and to operate its onboard systems, where reasonably required to carry out the work, diagnose faults, test systems, or prove repairs.
8.2We use appropriately experienced people and take reasonable care whenever the vessel is run, moved, hauled, launched, berthed or sea trialled.
8.3You must tell us before work starts about anything on the vessel, engine, drive, trailer, equipment or goods that we should reasonably know about, including fuel, gas, battery systems, lithium batteries, shore power, bilge systems, alarms, known damage, known faults, security systems, hazardous materials or anything else that may create risk.
8.4You must ensure we have safe and reasonable access to the vessel, engine, drive, trailer, equipment or goods. You are responsible for arranging and paying for marina access, berth access, hardstand access, haul out, cranage, forkliftage, travel lift, permits, keys, security access or any other access requirements unless we have agreed otherwise in writing.
9.Risk, insurance and personal property
9.1The vessel, engine, drive, trailer, equipment, goods and anything on board remain at your risk while at our workshop, on the marina, on the hardstand, in storage, in transit, or otherwise in our care, except to the extent that loss or damage is caused by our negligence, breach of these terms, or breach of a legal duty that cannot be excluded.
9.2You must keep the vessel, engine, drive, trailer, equipment and goods insured for full value at all times while they are in our care, and you confirm that your policy is not invalidated by the vessel, engine, drive, trailer, equipment or goods being in a repairer's care.
9.3Where you acquire goods or services from us in trade, and to the extent permitted by law, our total aggregate liability arising out of or in connection with the relevant job, whether in contract, tort including negligence, equity, statute or otherwise, is limited to the amount you paid us for the work that gave rise to the claim. We are not liable for indirect or consequential loss, loss of profit, loss of revenue, loss of charter income, loss of use, loss of opportunity, or loss arising from faults, damage or work outside the scope you approved. This clause does not limit liability that cannot lawfully be limited, including liability for fraud, wilful misconduct, or any rights that apply under the Consumer Guarantees Act 1993 or Fair Trading Act 1986.
9.4Nothing in this section limits the rights of a consumer under the Consumer Guarantees Act 1993.
9.5We are not an insurer of the vessel, engine, drive, trailer, equipment, goods or personal property left with us. Our responsibility is limited to taking reasonable care, except where the law requires otherwise.
9.6You must remove valuables, personal items and loose gear from the vessel, trailer, engine or equipment before leaving it with us. We are not responsible for loss of or damage to personal property left on board or with the goods unless caused by our proven negligence.
10.Travel and Pacific work
10.1For work away from the workshop, including the Pacific Islands, travel time, flights, freight, accommodation, meals, local transport, standby time and reasonable travel-related costs are chargeable at the rates set out in the estimate for that job, or otherwise at our standard rates.
10.2You are responsible for arranging and paying for access to the vessel, berthage, haul out, cranage, local permits, customs clearances, biosecurity clearances, immigration requirements and any other local requirements at the destination, unless we have agreed otherwise in writing.
10.3We are not liable for delays caused by weather, shipping and freight schedules, airline schedules, customs, biosecurity, local officials, supplier delays, safety issues, illness, or any other matter outside our reasonable control. Standby time caused by those delays is chargeable.
11.Health and safety
11.1While work is under way, we control our work area so far as reasonably practicable, whether that is at our workshop, on the hardstand, at a marina berth, on board your vessel, or at another worksite.
11.2You, your crew, your representatives and your contractors must keep clear of exclusion areas we set and follow our reasonable safety instructions while work is in progress.
11.3Both parties acknowledge their duties under the Health and Safety at Work Act 2015 and agree to consult, cooperate and coordinate activities where duties overlap.
11.4You must tell us before work starts about any hazardous substances, contaminated fuel, gas systems, sewage, oil leaks, asbestos, lithium battery issues, unstable structures, unsafe electrical systems, confined space risks or other hazards associated with the vessel, engine, drive, trailer, equipment or goods. You must pay reasonable costs for safe handling, clean-up, disposal or specialist assistance required because of those risks, except to the extent caused by our negligence.
12.Prices, validity and GST
12.1Quotes and estimates are valid for 30 days from the date given, or until the expiry date of any quoted promotion or special offer, whichever occurs first, unless stated otherwise on the quote or estimate.
12.2Where supplier prices, freight costs, customs charges, duties, levies, exchange rates or other external costs move between estimate and supply, prices may change. We will tell you before we proceed with the affected item where reasonably practical, and you may decline that affected item.
12.3All prices exclude GST unless stated otherwise. GST is shown separately on every invoice.
13.Delays outside our control
13.1We are not liable for delay or failure to perform caused by events outside our reasonable control, including weather, marina or hardstand availability, supplier delays, freight delays, customs delays, currency movements, parts shortages, manufacturer delays, distributor delays, illness, strikes, shipping disruption, natural events, or events affecting manufacturers or distributors.
13.2We will keep you reasonably informed where a material delay affects your job. Any costs already incurred remain payable.
14.Privacy
14.1We collect and hold your contact details, vessel details, engine and equipment details, photographs, job history, service records, payment history and warranty information so we can operate our business, carry out work, provide estimates, manage warranty claims, keep service records, contact you about servicing, and recover unpaid accounts.
14.2We may share relevant information with manufacturers, distributors, subcontractors, insurers, finance providers, debt collection agencies, legal advisers, software providers and service providers where reasonably required for those purposes.
14.3We handle personal information in accordance with the Privacy Act 2020 and our privacy policy at www.ivory-squid-689976.hostingersite.com/privacy.
14.4You may ask to access or correct your personal information by contacting us.
15.Governing law and disputes
15.1These terms are governed by New Zealand law.
15.2If there is a problem, talk to us first. Call 09 432 8132 or email admin@ivory-squid-689976.hostingersite.com. Most issues are sorted with a conversation.
15.3If we cannot resolve the issue between us, either party may take the matter to the Disputes Tribunal where it is within the Tribunal's jurisdiction, or otherwise to the courts of New Zealand.
16.General
16.1If any part of these terms is found to be invalid, unlawful or unenforceable, the rest of the terms continue to apply.
16.2Our failure or delay in enforcing any right under these terms does not mean we have waived that right.
16.3You may not transfer or assign your rights or obligations under these terms without our written consent.
16.4We may update these terms from time to time. The terms that apply to a job are the terms in force when you book the work, approve the estimate, approve the quote, authorise the parts order, or leave the vessel, engine, drive, trailer, equipment or goods with us, whichever happens first.