Terms and Conditions
SWING MOORING MAINTENANCE STANDARD TERMS AND CONDITIONS OF ENGAGEMENT
Abel Marine Services Limited ("AMS") carries out the lift, inspection and repair of boat swing moorings, in accordance with Mooring Design Guidelines stipulated by the local Regional Council for every customer ("the Customer") subject to the following Terms and Conditions of Engagement which shall prevail despite any indication to the contrary.
1. The customer warrants that the moored vessel, either owed by the customer or a third party, is sound and in a fit state to allow the mooring barge to undertake mooring maintenance. AMS will use all reasonable care when tethering the moored vessel to the mooring barge and reattaching the mooring to the vessel post service. However, AMS assumes no responsibility for the condition of the moored vessel and relies entirely on the Customer's assessment and warranty that the vessel is in a fit state and condition to be tethered along side the barge. AMS will not be liable for damage caused by boat wakes during service (applicable in high traffic
areas) . If you have concerns about boat wake, let AMS know by ticking option 6 above and we can coordinate your removal of vessel prior to inspection.
2. The Customer will pay AMS a Lift and Inspection fee of $215 + GST for the lift, layout and inspection of mooring components, redeployment of the mooring and administration of the inspection report to the satisfaction of the local authority. Any
repair, maintenance or improvements to the mooring will be subject to additional charges for barge work time plus any components, on a per item basis. All money owed to AMS for maintenance or any other reason whatsoever must be paid in full prior to a signed copy of the inspection report being submitted to the local Regional Council. For further information on charges please contact AMS to discuss. AMS reserves the right to periodically review charges.
3. AMS operates a standard 7 day invoice.
4. The Customer hereby gives to AMS a security interest for the purposes of the Personal Property Securities Act 1999 in all goods acquired by the Customer from AMS and in the Customer's mooring equipment for all goods incorporated in the mooring
equipment and work done on the mooring. Discharge of this security interest will occur at final payment of invoice.
5. LIMITATION OF LIABILITY
AMS's liability whether in contract or in tort for any loss arising directly or indirectly from any defect in or non-compliance of any work done by AMS or goods supplied is limited to: (a) repair or any replacement of such defective or non-complying goods and/or work; or (b) to the amount of the contract in respect of which such liability arises;
whichever is the lesser option of AMS. AMS shall have no further liability or responsibility for any direct, indirect or consequential injury, loss or damage whatsoever and howsoever arising.