Terms And Conditions Dry Stack Rental
This Agreement commences upon the commencement date stated in the schedule and thereafter remains in effect until terminated by either party giving one
month’s written notice to the other and subject to clause 7 (Early Termination).
For the purposes of this agreement the following definitions apply:
The “Renter” is the person named on this agreement.
The “Company” is Pine Harbour Marine Services Ltd.
The “Vessel” means any boat or craft in respect of which the services of the Company are sought to be used and includes all rigging, equipment, machinery and
chattels associated with the vessel nominated in this agreement provided it complies with the Terms and Conditions of this Agreement.
The “Berth” is a Dry Stack berth referred to in this agreement.
Nothing in this agreement creates any leasehold estate or interest in the Dry stack or any other buildings or any of the land on which the Dry stack and such
buildings are erected. The parties expressly agree that none of the provisions of the Property Law Act 2007 or any other Act or Regulation (so far as they apply
to leases) shall apply to this agreement and the rights and obligations of the parties are entirely set out in this agreement.
The “Marina” means Pine Harbour Marina and includes the marina waters, floating structures, fingers and jetties, all marina foreshore areas, administration areas,
parking areas, ramps, driveways and all land and facilities under control of the Company or Marina Operator.
The “Dry Stack” is the Dry Stack facility situated at 190 Jack Lachlan Drive Beachlands Auckland.
The Renter agrees to pay the rental of the Berth to the Company monthly in advance by direct debit on the first business day of each month and upon demand,
at the rate set out in the schedule or as may be amended from time to time. The Renter shall make all payments to the Company without deduction or set-off.
No statement will be issued to the Renter unless a payment is dishonored. The Company may alter the rental rate by the giving of one month’s written notice to
the Renter of the revised rental rate for a periodic term or on the anniversary of a Renewal Date of a Fixed Term.
4. FIXED TERM
A Fixed Term is binding on the Renter. The minimum fixed term on the Dry Stack is 12 months from the commencement date of the term.
5. EXTENSION/ROLL OVER
After the initial Fixed Term the agreement will automatically be renewed (Extension/Roll Over) and extended for a further Fixed Term specified (12 months) on
each anniversary of the Renewal Date. After the initial fixed term, the Renter may elect to change to a Periodic Term at the applicable rental rate at the time by
giving at least 15 days written notice to the Company before the anniversary of the Renewal Date.
6. PERIODIC TERM
A short term / monthly Rental will be payable by the Renter to the Company at the periodic monthly rental rate in respect of any term which is not fixed i.e. is
for less than 12 months in duration. Either party may terminate a Periodic Term rental by giving one (1) month’s written notice to the other party.
7. EARLY TERMINATION
An Early Termination Fee equivalent to the monthly rental plus $100 + GST for every month remaining on the Fixed Term will apply to The Renter requesting to
terminate a Fixed Term Agreement prior to the renewal/termination date (including any renewal term).
8. LATE PAYMENT:
A late payment fee of $15 + GST per month applies to any invoice not paid by the due date. The company reserves the right to charge an interest rate of 14%
per annum on any accounts that are overdue.
9. RESTRICTION ON USE
The Renter shall not use the Dry Stack or loading pier / berth other than for accommodating the Vessel nominated in the schedule. The Renter shall use the Dry
Stack only for storing the nominated Vessel whilst the Vessel is used for recreational boating purposes. The Dry Stack shall not be used to store commercial
fishing vessels, vessels carrying passengers for hire, work vessels, commercial freight carriers or for any other commercial or industrial purpose unless otherwise
authorized in writing by the Company.
10. ASSIGNMENT – RENTER NOT TO SUBLET
The Renter may not assign its rights under this Agreement or sublet the Dry Stack Berth to any other party or vessel. The Company may assign its rights under
11. LAUNCHING AND RETRIEVAL OF VESSEL
The Company agrees to provide the following services:
a. Lifting the Vessel in and out of the water, washing down the underside exterior hull of the Vessel when it has been lifted from the water and placing the
Vessel on a cradle / rack when required.
b. Lifting the Vessel on to a work cradle for up to 24 hours subject to availability. Any extended use of a work cradle will require prior booking with The
Company at the applicable rate at the time and is not included as part of this rental Agreement.
c. The cost of these services is included in the Dry Stack rent. The services shall otherwise be carried out in accordance with the operating Rules annexed to
d. If any equipment or machinery used by the Company to provide the services to the Renter fails or becomes out of service such that the Company is unable
to provide the services to the Renter, then the Company shall use all reasonable endeavours to ensure that the relevant item of equipment is in proper
working order as soon as possible.
e. In the event of a failure of the equipment, the Renter shall continue to pay to the Company the Rent notwithstanding the failure of the equipment and will
not be entitled to a refund of the rent for the period in which the equipment is out of order.
12. MAINTENANCE OF VESSEL
The Renter shall maintain the Vessel in good condition and repair including but not limited to draining and provide adequate covering to prevent the ingress of
water. The Renter shall take such steps so as to prevent the Vessel from becoming a nuisance or causing annoyance to the Company, other users of the Dry
Stack, or cause damage to the Dry Stack and other facilities in the immediate vicinity of the Dry Stack, or the property of the other users of the Dry Stack.
13. INSPECTION OF VESSEL
The Company will have the right to inspect the Vessel and to specify any work which the Company considers necessary to bring the Vessel into good order,
condition, and repair; in accordance with the preceding clause. If any work specified by the Company is not completed within 14 days, the Company may itself
carry out such work at the cost of the Renter and the Renter will reimburse the Company upon demand.
- The Renter agrees that in the event of any emergency, the Company is authorised to take whatever action necessary to protect the Vessel and the Dry Stack,
provided that the Company at all times will act in good faith in taking such action. The Renter agrees to reimburse the Company on demand for any costs incurred by the Company in taking any such action required by this clause.
15. KEEP AREA CLEAN
The Renter shall keep the Dry Stack where its Vessel is stored and the area surrounding the Dry Stack clean and free from any rubbish.
16. USE OF SERVICES
The Renter may use the water, power and other facilities provided on the structures, in common with any other users, on an occasional basis only. The Company
may charge for the use of electricity and other services or facilities. The Vessel must comply with the Electrical Connection Policy of The Company.
17. COMPLIANCE WITH RULES AND NOTICES
The Renter will at all times comply with all statutes, ordinances, regulations, by-laws, orders, proclamations, and other enactments or rules affecting or relating to
the use of the Dry Stack or the Vessel being stored in the Dry Stack or otherwise relating to this Agreement and with all requirements which may be made, or
notices or orders which may be given by the Company and will keep the Company indemnified in respect of any non-compliance therewith whether such non-
compliance was by the Renter, its employees, agents, contractors, clients, customers or visitors.
18. BYLAWS INSTRUCTIONS & RULES
The Renter, and all persons accompanying or under the control of the Renter, shall at all times observe and comply with all obligations, operating procedures and
rules of the Dry Stack and Marina annexed to this Agreement (Marina Rules). The Company may from time to time amend or vary any of the procedures and
rules in the Marina Rules at its sole discretion. The Marina Rules (including any amendment or variation thereto) are deemed to be incorporated into and forming
part of this Agreement as if repeated in full herein. The Renter must, when in or near the Marina, comply at all times with the Marina Rules. A copy of the Marina Rules is available from the Marina Office. The Company or Marina Operator may from time to time amend the Marina Rules and the Renter will be bound by
such amendment following the Company giving notice of the same to the Renter.
The Renter agrees to use the Dry Stack and all associated facilities at the Renter’s own risk, and releases to the fullest extent permitted by law, the Company with
their servants and agents from all claims and demands of any kind and from all liability which may arise in respect of any accident, damage or injury occurring to
any person vessel or any property in and about the Dry Stack.
20. COMPANY NOT TO BE LIABLE
The Company shall not be liable, and accepts no responsibility, for loss or damage to boats, craft, third party property or persons using the same within the
confines of, or near to the Dry Stack or the Marina, nor for the adequacy or otherwise of the Dry Stack or the Marina, or of any Berth, or any other part of the
facilities of the Marina, and the Company shall not be liable to the Renter or any person for the loss or damage to property, or death, or personal injury incurred
or suffered within the confines of, or near to the Dry Stack or the Marina, however the same occurs, and whether or not attributable to the acts or defaults of
the Company, or it’s servants, agents, contractors or otherwise howsoever. The Renter indemnifies the Company against all claims, losses, damages and liabilities
arising directly or indirectly as a result of any act or omission of the Renter or his, her, their or its invitees, either in or near the Dry Stack and the Marina.
21. NO WARRANTY
The Company makes no warranties or representations under this Agreement other than those expressly set out in the Agreement. The Renter acknowledges that
it has examined the Dry Stack prior to the execution of this Agreement and acknowledges that the Dry Stack is in a satisfactory condition at the time the Renter
entered into this Agreement. The Company does not make any warranty that the Dry Stack assigned to the Renter is or will remain suitable or adequate for any
of the purposes of the Renter and to the fullest extent permitted by law, all such warranties as to suitability or adequacy are expressly excluded.
22. RENTERS INDEMNITY
a. The Renter, in addition, shall indemnify the Company against any loss, expense, legal liability, claims, accident’s, damages and costs incurred by the
Company and the Marina Operator arising as a result of the Renter’s acts or omissions, or the acts or omissions of others to which the renter has
contributed, or the acts or omissions of any persons invited into the Marina by the Renter.
b. The Renter warrants to the Company that they are both the legal and beneficial owner of the Vessel described in this Agreement and that all details
provided and in the schedule are true and correct to the best of their knowledge and belief. The Renter acknowledges that the Company has relied on
these warranties in determining whether or not to rent the Dry Stack Berth to the Renter and the Company may cancel the Agreement if any of the
warranties are subsequently found to be incorrect.
23. NO ALTERATIONS OR DAMAGE TO STRUCTURES
The Renter shall be liable if they damage, cut or maim any part of the Dry Stack or the Marina, or make or permit to be made, any alterations to the Dry Stack,
nor install or place any equipment, fitting, fixture or machinery to the Dry Stack without the prior written consent of the Company. The Renter shall notify the
Company immediately upon the Renter becoming aware of any actual or potential damage to the Dry Stack and the Marina
The Renter shall at all times keep all vessels, crafts and any other property owned or brought into the Dry Stack and the Marina by the Renter and/or invitees of
the Renter fully insured whilst within the confines of, or near to the Dry Stack and the Marina against loss or damage by fire, explosion, storm, tempest, typhoon,
earthquake, accidental damage, burglary, act of god, and all other usual maritime risks. The Renter shall provide the Company a copy of insurance documentation.
The Company may terminate this Agreement without notice if the Renter breaches the terms of this Agreement or the terms of the Marina Rules. In the event
of the Renter making default in the observance or performance of any obligation on the Renter’s part expressed or implied herein is, in the Company’s sole
opinion capable of being remedied, then before terminating this Agreement the Company will give the Renter written notice of the default. If the default remains
unsatisfied after seven days from the date of written notification specifying the default complained of, the Company may thereupon and without the need for any
further notice, forthwith cancel and terminate this Agreement
In the event of there being monies owing and remaining outstanding by the Renter to the Company for, or in connection with the Dry Stack rental or services,
the Company shall be entitled to seize and take possession of the Vessel and shall have general lien in respect of the Vessel until all sums due by the Renter to
the Company have been paid in full. Such lien shall be subject to the following further conditions:
a. The Company shall, after exercising any right of lien, give the Renter notice of the seizure of the vessel.
b. In the event of the monies due to the Company remaining outstanding for 21 days after the giving of notice as aforesaid, the Company shall be entitled
without further notice to sell the Vessel by such means as it thinks fit.
c. After any such sale, the proceeds shall be applied first towards the expense of seizure and sale, secondly in payment of monies due to the company and
thirdly any balance shall be paid to the Vessel owner.
d. In the event of the proceeds of sale being insufficient to satisfy the monies due to the Company, the Company may proceed to recover such deficiency or
balance from the Renter in any manner available to it.
e. The Company shall not be responsible to the Renter or anyone claiming through the Renter or Vessel owner in respect of any claims, losses or liabilities
which may arise in connection with the exercise by the Company in good faith of its rights pursuant to this Clause.
f. The Company may, if the Company thinks fit, place and maintain on the Vessel such number of custodians as may be necessary, and the Company shall
be entitled to a lien on the Vessel to cover the costs in so doing.
a. The Renter must remove the Vessel from the Dry Stack and the Marina by 9.00 a.m. on the day immediately following the termination of this Agreement
(Termination Date). The Company may remove or impound the Vessel if it has not been removed from the Dry Stack or the Marina after the Termination
Date. If the Renter does not collect the Vessel within 21 days after the Termination Date, the Company may sell the Vessel. The Renter will be liable for
any and all costs incurred by the Company in removing, impounding, otherwise storing or selling the Vessel. The Company may defray such costs from
the sale proceeds of the Vessel.
b. The Renter shall deliver any access card or permit which may be issued by the Company to the Renter, up to the Company no later than 9am on the
28. FORCE MAJEURE
The Company will not be liable for failure or delay to perform obligations under this Agreement, which have become practicably impossible because of
circumstances beyond the reasonable control of the applicable party. Such circumstances include without limitation natural disasters or acts of God; acts of
terrorism; labour disputes or stoppages; war; government acts or orders; epidemics, pandemics or outbreak of communicable disease; quarantines; national or
regional emergencies; or any other cause, whether similar in kind to the foregoing or otherwise, beyond the Company’s reasonable control. Written notice of
the Company’s failure or delay in performance due to force majeure must be given to the Renter no later than five (5) business days following the force majeure
event commencing, which notice shall describe the force majeure event and the actions taken to minimize the impact thereof. The Company hereby agrees,
when feasible, not to cancel but reschedule the pertinent obligations for as soon as practicable after the force majeure condition ceases to exist.
29. SERVICE OF NOTICES
a. All notices must be delivered to the address in writing or electronically to the relevant party specified in the Agreement, or such other address as may
from time to time be advised by notice from one party to the other.
b. This agreement may be signed on counterpart copies (whether, scanned or otherwise), such that counterpart copies of this agreement evidencing
execution by all the parties shall constitute an agreement which is legally binding on all parties. Each party executing this agreement undertakes to all other
parties that they will promptly execute an original version of this agreement at the request of any other party.
30. DISTRIBUTION OF INFORMATION
The Company reserves the right to circulate the name of any Renter who becomes a bad debtor to other marina association members.
The law to which this agreement is subject is New Zealand law
Rules of Pine Harbour Marina
- These rules are in respect of Pine Harbour Marina, Jack Lachlan Drive, Pine Harbour (Marina) and apply at all times to all areas of the Marina.
- All persons must, when in or near the Marina, comply at all times with these Rules. By entering the Marina you accept and agree to be bound and abide,
by these Rules.
- The Pine Harbour Marina Limited (Company) owns and operates the Marina. You agree to comply with the instructions of the Company and its
employees while in the Marina.
- The Company displays these Rules at the Marina Office. The Company may amend these Rules from time to time to time by altering the copy of the Rules
displayed at the entrance to the Marina office.
- The Marina, its berths, facilities and any vessel berthed or otherwise moored in the Marina, must only be used for recreational purposes. Commercial
fishing boats, boats carrying passengers for hire, work boats, commercial freight carriers or any other vessel used for commercial or industrial purposes are
prohibited without the prior consent of the Company.
- You may only use the facilities at the Marina, and, in particular, any berth or mooring in the Marina, to the extent that you are authorised to do so by the
- You have the right, together with all other users of the Marina, to access and use the common waterways and pathways of the Marina subject to the
directions of the Company from time to time.
- You may use the water, power and any other facilities provided on the structures in common with any other Marina users on an occasional basis only. If
you require more regular use of the Marina facilities special arrangements must be made with the Company, at your cost.
- You must not pollute or permit the pollution of the Marina or discharge into the Marina or its waters any poisonous, noxious, dangerous or offensive
substance. In particular, you must not discharge any sewage rubbish, oil, fuel, or other material whatsoever except in containers provided for that purpose
by the Company.
- You must not live on board your vessel in the Marina or permit anyone else to do so. You will be considered to be living on your vessel if you sleep on
the board for two or more consecutive nights.
- You are responsible for your invitees and their compliance with these Rules while they are in the Marina.
- You must not permit or suffer any dog belonging to you or your invitees to enter or remain in the Marina unless such dog is restrained.
- You must at all times supervise any children who enter the Marina with you or your invitees.
- You and your invitees must not engage in any swimming, diving or underwater activities (including the scrubbing of your vessel’s hull) within the Marina.
- You must not while within the Marina moor or manoeuvre your vessel so as to create a danger, obstacle or inconvenience to other Marina users.
- You must ensure that all halyards, lines, ropes, rigging and sheets on your vessel whilst it is berthed are secured so that they do not create any noise.
- You must not permit or allow any property, gear or equipment under your control or direction to be stored on the Marina, including the walkways,
fingers and foreshore, without the Company’s permission.
- You must not consume alcoholic beverages within the Marina, except on licensed premises.
- You may only use the firefighting equipment for fighting of fires.
- The storage of all fuels, oil and goods of a similarly flammable nature is strictly prohibited without the prior written consent of the Company. You must
not bring such goods within the Marina. However, you may carry small quantities of the same on your vessel in safe storage containers for on-board use.
- You may only refuel your vessel at the fuel jetty in the Marina from the pumps provided.
- Signs relating to the use of the Marina must be observed.
- Your vessel must be kept in good and safe repair.
- No washing may be hung out on your vessel at any time.
- All leads and appliances connected to the Marina power outlet by you must comply with the relevant regulations.
- No painting, sanding, welding or grinding is permitted on board your vessel without the prior consent of the Company.
- For the convenience of others you must return Marina trolleys to the jetty entrances immediately after use.
- The Company is not liable for any loss or damage suffered to your vessel or to any of your other property in or about the vessel or the Marina,
howsoever caused. You indemnify the Company against any loss, expense, legal liability, claims and costs incurred by it arising as a result of your acts or
omissions or the acts or omissions of others to which you have contributed or the acts or omissions of any persons invited by you into the Marina.
- The Company’s health and safety rules must be observed by you and your invitees. A copy is available from the Marina office.
- All vehicles must observe parking and speed restrictions. Speed in the Marina must not exceed 20 kph.
- You are required to observe the standards and practices reasonably expected of a competent reasonable and considerate person in the Marina.
- You are reminded that you must comply with all regulations and by laws relating to good navigation and the proper control of your vessel.