Terms and conditions dry stack rental agreement
The renter must give a minimum of 1 month written notice to terminate.
For the purposes of this agreement the following definitions apply:
- The Company is Pine Harbour Marine Services Ltd.
- The Renter is the person named on this agreement.
- 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.
- The Berth is a dry stack berth referred to in this agreement.
- The Marina includes the marina waters, floating structures, fingers and jetties, all marina foreshore areas, administration areas, parking areas, ramps and driveways etc. and all land and facilities under control of the Marina Licensor.
A Fixed Term is binding on the Renter. The minimum fixed term tenancy on the Dry Stack is 12 months from the commencement date of the term.
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 renewal anniversary. After the initial fixed term, the Renter may elect to change to a Periodic Tenancy Rate by giving at least 15 days prior written notice before the renewal anniversary date.
A short term rate will be payable by the Renter to the company on the monthly rental in respect of any term which is less than 6 months in duration. Either party may terminate a periodic term rental on 1 month written notice to the other party.
An early Termination Fee equivalent to the monthly rental plus $100 for every month remaining on the Fixed Term will apply to any customer requesting to terminate a Fixed Term Agreement prior to the renewal/termination date (including any renewal term).
The Renter shall deliver any card which may be issued by the Company to the Renter, up to the Company no later than 9am on the day immediately following Termination.
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 above 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.
The Renter may only keep the Vessel in the Dry Stack berth.
The Renter shall pay for the use of the Dry Stack Berth to the Company monthly in advance by direct debit. 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.
Late Payment Fee:
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% p/a on any accounts that are overdue.
The Rental Rate may be reviewed by the Company from time to time. The Company will give the Renter not less than 1 month’s notice of change to the Rental Rate.
The Renter shall at all times keep the Vessel and all other property brought onto the Marina and Dry Stack by the Renter and his, her, their or its invitees, fully insured.
The Renter shall notify the Company immediately upon the Renter becoming aware of any actual or potential damage to the Marina.
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 Marina.
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 Marina company 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.
Lien: – 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.
The Company may terminate this Agreement without notice if the Renter breaches the terms of this Agreement or the terms of the Marina Rules.
Where a breach by the Renter is, in the Company’s sole opinion, capable of being remedied, then before terminating this Agreement the Company will give the Renter notice of the breach. The Renter will have seven days from the date of the notice to remedy the specified breach and failing such remedy the Company may by further notice terminate this Agreement.
The Renter must remove the Vessel from the Dry Stack and Marina by 9.00 a.m. on the day immediately following termination date or before the date this Agreement terminates (Termination Date). The Company may remove or impound the Vessel if it has not been removed from the Dry Stack or 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.
The Renter may not assign its rights under this Agreement or sublet the Dry Stack Berth. The Company may assign its rights under this Agreement.
All notices must be in writing and be delivered to the address of 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.
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 while 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 Company.
- 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 your 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.
Pine Harbour Marine Services Limited