Terms and Conditions of Use of Boat Lifter and Hardstand Storage Areas

Terms and conditions of use of Boat lifter and Hardstand Storage Areas

Definition: in this Agreement –
Customer – means the Vessel owner or agent named on the face of this Agreement as contracting for the use of Services of the Company and includes the executors, administrators, successors, permitted assigns, servants, agents or invitees of the Customer.
The Company – means Pine Harbour Marine Services Ltd and its successors or assignees and where the context so permits shall include its servants or agents.
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.
Services – means such facilities and services of Pine Harbour Marine Services Ltd including but not limited to the use of the Boat lifter, mast gantry, courtesy berth and the moving, handling, storage and provision of storage areas as the customer contracts to use in connection with any Vessel.
TERMS
This agreement commences from the time you first apply or book any Services with us. All bookings for Services require 48 hours prior notice to any work taking place.
CHARGES AND PAYMENT
1. The Customer shall duly and punctually pay all charges when levied by the Company, and in any event, before the Vessel is removed from the hardstand, at the rate as specified at time of providing the service contract, subject only to:
  1. The right for the Company to review those charges at any time without notice; and unless prior arrangements have been made with the Company. The storage charges as specified at the time of signing this agreement will double after the Vessel has been situated on the Hardstand for 60 continuous days.
  2. The Company shall be entitled to charge the customer a penalty fee of $100.00 in the event of the Customer failing to keep an appointment for the use of the Boat lifter.
2. Payment for Services on the hardstand is due within 7 days of invoice unless otherwise stipulated. A late payment fee of $15.00 +GST per month applies to any invoice not paid by the due date.
  1. All costs associated with the collection of any outstanding debt will be on charged to the customer plus interest at the rate of 14% per annum for the period the debt remains outstanding. Pine Harbour Marine Services reserves the right to circulate the name of any Customer who becomes a bad debtor to other Marina Association members.
LIEN
In the event of there being any monies owing and remaining outstanding by the Customer to the Company for, or in connection with the services, the Company shall be entitled to seize and take possession of the Vessel and shall have a general lien in respect of the Vessel until all sums due by the Customer to the Company have been paid in full. Such lien shall be subject to the following conditions: The Company shall, after exercising any right of lien, give the Customer notice of seizure of the Vessel. In the event of the monies due to the Company remaining outstanding for 21 days after giving of notice as aforesaid, the Company shall be entitled without further notice to sell the Vessel by such means as it sees fit.
1. 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.
2. 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 Customer in any manner available to it.
3. The Company shall not be responsible to the Customer or anyone claiming through the Vessel Owner in respect to 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.
RISK AND LIABILITY
The Customer acknowledges and agrees that the use of all or any Services is entirely at the risk of the Customer and The Company shall not in any way be liable to the Customer or any other person in negligence or otherwise for any loss sustained by the Customer while the Services are being used in relation to the Vessel.
INDEMNITY
The Customer hereby indemnifies and keeps indemnified the Company against all actions, claim, losses or liabilities arising or connected with the use of Services for any Vessel or act or omission of the Customer or any chattels seized and sold pursuant to this contract. The Customer further agrees to compensate, pay, indemnify and hold indemnified the Company in respect of any loss or damage to any of the equipment or facilities of the Company caused wholly or in part by any act or omission of the Customer or breach of these terms and conditions by the Customer. If the signatory to this Contract, executes this Contract as “agent” or for or on behalf of the owner of the Vessel, then the signatory to this agreement warrants to the Company that all work carried out by the Company under this Contract has been carried out with the full knowledge and consent of the owner of the Vessel, and the signatory further indemnifies the Company from and against all and any claims against the Company in addition to the provisions contained above.
MISCELLANIOUS OBLIGATIONS OF THE CUSTOMER / OWNER / AGENT
1. During all times the Customer shall keep the Hardstand and area around the Vessel tidy and shall not store supplies and materials, accessories or debris in or near such area.
2. All waste materials, paints, chemicals, oils and garbage arising from or in connection with the vessel or the use of services shall be disposed each day by the Customer in the appropriate receptacles provided on-site by the Company, provided that where the amount of waste to be removed from and around the Vessel is considered by the Company, in its sole discretion, to be unusually excessive, then the removal shall be at the owners expense. Batteries, LPG cylinders, flares and all other dangerous substances shall not be disposed of on site and shall be removed from the site.
3. The Customer shall not carry out any work on the Hardstand between the hours of sundown and 7.00 am.
4. The Customer shall not make nor permit to be made any noise or disturbance, or perform any act which in the opinion of the Company, in its sole discretion may be an annoyance or cause a nuisance to any other person or body in and around the Marina. To assist in minimising nuisance to other users of the services the Company reserves the right to move the Vessel, at the Customers expense, to such areas as from time to time set aside by the Company for sanding, sand and water blasting, spray painting or like activities.
5. The Customer shall not carry out any sand/grit blasting in and around any part of the Hardstand without the authorised prior written consent of the Company, and any such work shall be undertaken only with adequate covers for the protection of other Vessels. The Customer shall not carry out any spray painting work without prior written consent of the Company, and any such spray painting work shall be undertaken only with adequate covers for the protection of other Vessels.
6. The Customer and any of his/her agents, shall not set sails while the Vessel is in Hardstand area. Cradles supplied are not designed for this purpose.
7. The Customer shall maintain strict control of any children or young person’s accompanying them into the hardstand area and shall ensure that any dogs brought onsite are suitably restrained.
8. The Customer shall report all of the following types of events or situations immediately to the Hardstand Supervisor or Manager
  1. Serious injury or accident
  2. Spills or hazardous materials
  3. Damage to property or third party
  4. Suspected or actual hazardous situations within the hardstand or lift out area.
9. The Customer shall notify the Hardstand Supervisor or Manager, prior to arranging for the stepping or un-stepping of masts or any other heavy lifts requiring mechanical lifting equipment, when the Vessel is located in the hardstand or lift out areas.
10. The Customer shall take all reasonable practicable steps to ensure that any contractors or other parties retained to provide services while the Vessel is on hardstand area, have been formally inducted with the Company, and perform their tasks and services in a safe, efficient and environmentally risk free manner.
SECURITY
All persons employed, contracted or requested by the Customer to work on the Vessel whilst on the hardstand area shall obtain written authorisation by the Company prior to entry onto the hardstand area.
POLLUTION CONTROL
Subject to limited exceptions in respect of which the Customer must obtain the prior written consent of the Company (through Hardstand Manager), the anti-fouling containing Tributyltin (TBT) or other teratogen is expressly prohibited on the hardstand area. The Customer shall use appropriate dust sheets and drop sheets, necessary to contain the residues resulting from sanding and scrapping and to promptly dispose of these on completion of work each day into one of the designated rubbish containers provided on site. The water blasting of hulls is only to be undertaken in areas approved by hardstand staff.
SETTLEMENT OF ACCOUNTS
All accounts and costs due to the Company in respect of the services shall be paid in full by the Customer before the vessel leaves or is removed from any area in which the services may be used.
DELIVERY OF VESSEL
The Company may deliver the Vessel from time to time to any person producing this Agreement or offering such other evidence of an interest in respect of the Vessel or authority to receive the Vessel as the Company may, in its sole opinion, consider satisfactory.
NOTICES
The Customer acknowledges that he has observed and read, and will take cognisance of all notices, warnings or conditions displayed at or about areas where the services are provided or used. Any notices which the Company may be required to give the Customer may be delivered to the Customer personally, or through email communication, or may be given by posting the notice to the Customer at the last known address of abode or business in New Zealand known to the Company. Pine Harbour Marine Services Ltd is complying with the information privacy principles set out in the Privacy Act 1993, in relation to all the information provided by you.
HEALTH & SAFETY
The Customer and his/her agents shall comply with the provisions of the Health & Safety in Employment Act 1992 and Regulations, all Pine Harbour Marina and Pine Harbour Marine Services Safe Operating Procedures and practices. Nor shall the Customer permit, any work or activity to be carried out or undertaken on the Vessel or on the hardstand in contravention of any of the provisions of the Resource Management Act 1991, and Health and Safety in Employment Act 1992. Any breach of the above conditions shall be deemed to be a breach of this Contract entitling the Company to cancel this contract forthwith without notice.