Terms and Conditions

  1. Definitions and Interpretation in These Terms and Conditions

“Customer” means the person(s) or entity making a request of WS to undertake the Work;
“WS” means Watson Shipwrights (a firm) of 1/102 Centre Dandenong Road, Cheltenham, Victoria, Australia;
“Work” means the work and/or the goods, and/or and services and materials for the same provided, that the Customer has requested WS to undertake and or supply, on behalf of the Customer, including (but not limited to) the Vessel;
“Vessel” means the boat as named and or described in any quotation given by WS to the Customer, and or in any order for Work, which is addressed to WS and signed by the Customer

  1. Application of Terms and Conditions

Subject to any separate written agreement to the contrary, being entered into, by and between the Customer and WS, these terms and conditions apply to all arrangements whereby WS undertakes the Work; these terms and conditions may be added to or varied, (including quoted or estimated cost, detail of what is to be undertaken as the Work, specifications and or quantity delivery detail and time periods), but only by written agreement between the Customer and WS.
Quotations and estimates shall be deemed to correctly interpret the original specifications given for the Work, by the Customer to WS and are based on the cost at the time the quotation or estimate is given. Quotations and estimates, unless accepted, automatically lapse after 30 days from the date of issue.

  1. Scope of the Work and Authorisation

The Customer warrants that he/she/it is the owner of the Vessel, or is the owner’s authorised agent, and that he/she/it has the authority to request WS to perform the Work. The Customer authorises WS to move the Vessel by whatever means, and in whatever circumstances WS considers necessary and appropriate for the performance of the Work.

  1. Sub-Contracting of Work

WS may, after consultation with the Customer, subcontract the whole, or any part of, the Work.

  1. Payment

Unless otherwise specified, all prices, quotations and or estimates are inclusive of the amount payable for Goods and Services Tax.
Whenever a quotation is accepted, by the Customer, WS may (at its absolute and unfettered discretion), immediately issue an invoice, to the Customer, and require that, prior to the commencement of the Work, a deposit be paid, such deposit being in an amount equivalent to the greater of (i) thirty percentum of the amount of the quotation, or (ii) the estimated amount payable for materials, for the Work.
Each WS invoice shall be due and payable by the Customer within 7 days of the Customer receiving the invoice, for the Work. WS may invoice ongoing Work on a weekly basis.
If payment is not received by WS by due date, then, without prejudice to its other legal remedies, WS may charge compounding default interest on the overdue monies at the rate of 10 per centum per annum, on a day to day basis until all outstanding monies have been paid in full.
All legal costs (on a Solicitor and own client basis) and collection expenses incurred by WS in collecting or attempting to collect any overdue amount(s) shall be payable by the Customer.
For the avoidance of doubt, the Vessel in respect of which WS has undertaken any Work shall not be delivered or otherwise released to the Customer until such time as all outstanding monies in respect of such Work has been received in clear funds.

  1. Lien

WS is entitled to a repairers/builders lien over the Vessel and/or a general lien over any other property of the Customer that comes into the possession of WS, for any reason, until all amounts owing by the Customer to WS are paid in full.
Further, the Customer grants a security interest to WS for all the Work (including without limitation) all goods services and or materials installed or affixed to the Vessel by WS.

  1. 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. WS’s liability for breach of any condition, guarantee or warranty that cannot be excluded is limited at WS”s sole option, to the replacement or repair of the defective or non-complying items(s) of the Work that caused WS’s liability.
Except as provided above WS 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 WS its employees, agents, and contractors in respect of the Work undertaken by WS for the Customer .
WS 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 months of the earlier occurring of:

  1. The Work being completed by WS: or
  2. The Vessel leaving the care, custody or control of WS.
  1. Force Majeure

Neither WS 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.

  1. Disputes

If any dispute or difference shall arise out of, or in connection with the Work performed and or supplied by WS, then either party shall give to the other notice in writing of such dispute or difference and at the expiration of seven days, unless it shall have been otherwise settled, such dispute or difference shall be, and is hereby, submitted to the arbitration of Jeffrey Casely, of Casely Marine Services Pty Ltd of Braeside, Victoria, or, in the event of his unwillingness to act , to his nominee. The Award made by the Arbitrator shall be final and binding on both the Customer and WS and neither party shall be entitled to commence or maintain any action upon such dispute or difference until such matter shall have been referred or determined as hereinbefore provided, and then only for the amount of relief to which the Arbitrator by his Award finds either party is entitled, and the costs of the submission reference and Award shall be in the discretion of the said Arbitrator.

  1. Governing law

These Terms and Conditions will be interpreted in accordance with, and governed by, the laws of the State of Victoria, Australia, and the Victorian State Courts will have exclusive jurisdiction over any dispute in relation to the Work.