Terms and Conditions

TERMS AND CONDITIONS
Definitions and Interpretation:
‘Customer’ means the person or entity making the request for WMS to undertake the work.
‘WMS’ means Whakatū Marine Services
‘Work’ means the work and/or goods and services that the customer has requested WMS to undertake on behalf of the customer including (but not limited to) the Vessel.
‘Vessel’ means the boat as named and described below.
Application:
Subject to a separate written agreement to the contrary being entered into between the Customer and WMS, these terms and conditions apply to all arrangements for WMS undertaking the Work and the supply of goods and services to the Customer. These terms and conditions may be added to or varied by written agreement between the Customer and WMS including quoted or estimated cost; details of the Work to be undertaken including specifications and quantities; delivery instructions for the Work given by the Customer to WMS and are based on the cost at the time the quote or estimate is given. Quotes and estimates, unless accepted, automatically lapse after 30 days from the date of issue. Estimates are only that and can vary depending on discovery and further examination of respective work.
Scope of Works and Authorisation:
The Customer warrants that He/She/It is the owner of the Vessel or the owner’s authorised agent, and they have the authority to request WMS to perform the works. The Customer authorises WMS to move and store the Vessel by whatever means and in whatever circumstances WMS considers necessary and appropriate for the performance of the Work.
Sub-Contracting of Work:
WMS may after consultation with the Customer subcontract the whole or any part of the Work.
Payment:
Unless otherwise specified, all prices, quotes, or estimates exclude Goods and Services Tax.
Each WMS invoice shall be due for payment by the due date seven days after invoice is issued.
WMS may invoice ongoing work on a weekly basis. These invoices shall also be due & payable within seven days from invoice issue date.
If payment is not received by WMS by due date, then, without prejudice to its other legal remedies, WMS may charge compounding default interest on the overdue monies at a rate of ten percent (10%) per month above the current commercial overdraft rate charged by WMS’s bank which default interest may be charged on a day-to-day basis until all outstanding monies have been paid in full.
All legal costs (on a Solicitor to client basis) and collection expenses incurred by WMS in collecting or attempting to collect any overdue amount shall be payable by the Customer.
For the avoidance of doubt, the Vessel which WMS has undertaken any work on, or provided goods and services in respect of, will not be delivered or otherwise released to the Customer until such time as all outstanding monies in respect of such Work or the provisions of goods and services has been received in clear funds.
Risk and Title:
All risk (including risk of loss or damage to the Vessel) passes to the Customer on delivery of the Vessel by SMS. The Vessel is delivered to you when made available to you or your agent at the marina hard stand area.
No right title or interest in the Work shall pass until WMS receives full payment for the Work. By agreeing to these terms and conditions the Customer grants a security interest WMS for all the Work (including without limitation) all goods and services or materials installed in or affixed to the Vessel by WMS its employees and contractors and become an accession to other goods the security interest continues in the accession in accordance with the Personal Properties Securities Act 1999.
Limitation of Liability:
All conditions, guarantees and warranties expressed or implied by statute, common law, equity, trade customer usage or otherwise, are expressly excluded to the maximum extent permitted by law. WMS’s liability for breach of any condition, guarantee or warranty that cannot be excluded is limited at WMS’s sole option, to the replacement or repair of the defective or non-complying items of the Work that caused WMS’s liability.

Except as provided above, WMS shall not be liable for any loss or damage of any kind whatsoever, arising from undertaking the Work for the Customer including consequential loss whether suffered or incurred by the Customer or another person and whether in contract or tort (including negligence) or otherwise and irrespective of whether such loss or damage arises directly or indirectly from or in connection with any matter, act, omission, or error by WMS its employees, agents and contractors in respect of the Work undertaken by WMS for the Customer.

WMS shall not under any circumstances be liable for any claim by the Customer for any loss or damage in respect of the Work unless such claim is made in writing by the Customer within three (3) months of the earlier occurring:
The Work being completed by WMS; or The Vessel leaving the care, custody or control of WMS.
All work conducted by WMS is to be completed in the Nelson Marina, Nelson Marina Hard Stand, Havelock Marina, Waikawa Marina or other locations suitable or accepted by WMS.
Any Vessel requiring remedial, or warranty work must return the vessel to the location where the work was initially completed.
Alternative arrangements can be requested from WMS, and if deemed possible, they will be subject to additional costs for working in different locations.
Force Majeure :
Neither WMS nor the Customer will be liable to the other for any breach of these Terms and Conditions by any extraordinary occurrences which are beyond the reasonable control of the party in question.
Entire Agreement:
These Terms and Conditions constitute the entire agreement and supersede and extinguish all prior agreements and understandings between WMS and the Customer.
Governing Law:
These Terms and Conditions will be interpreted in accordance with and governed by the laws of New Zealand and the New Zealand Courts will have exclusive jurisdiction over any dispute in relation to the Work.
Health & Safety:
WMS is committed to providing & maintaining a safe and healthy workplace for all staff and visitors to the workplace.
All visitors must report to WMS staff each time they enter the WMS defined boundary around each Vessel and on their departure.
All visitors must undergo a brief Health & Safety induction before entering any work area.
Any work that a boat owner undertakes while in WMS areas must be approved by WMS.
Subcontractors:
WMS must approve all subcontractors engaged by boat owners.
All subcontractors working with the Nelson Marina Hardstand area must have completed the relevant Health & Safety induction.