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Terms & Conditions

TERMS & CONDITIONS OF TRADE

 

1. DEFINITIONS

 

1.1 "Mercury Bay Marine" shall refer to Mercury Bay Marine Ltd in New Zealand, including its agents or employees.

 

1.2 "Client" shall denote the Customer, any person acting on behalf of and with the authority of the Customer, or any person purchasing products and services from Mercury Bay Marine.

 

1.3 "Goods" shall include:

 

   1.3.1 All Goods specified on the front of this agreement and supplied by Mercury Bay Marine to the Client.

 

   1.3.2 All Goods supplied by Mercury Bay Marine to the Client.

 

   1.3.3 All inventory of the Client supplied by Mercury Bay Marine.

 

   1.3.4 All Goods supplied by Mercury Bay Marine and further identified in any invoice issued by Mercury Bay Marine to the Client, which invoices are deemed to be incorporated into and form part of this agreement.

 

   1.3.5 All Goods that are marked as having been supplied by Mercury Bay Marine or that are stored by the Client in a manner that enables them to be identified as having been supplied by Mercury Bay Marine.

 

   1.3.6 All of the Client's present and after-acquired Goods that Mercury Bay Marine has performed work on or to or in which goods or materials supplied or financed by Mercury Bay Marine have been attached or incorporated.

 

1.4 "Goods" shall also encompass all goods, products, services, and advice provided by Mercury Bay Marine to the Client, including but not limited to the design, manufacture, installation, and servicing of marine equipment, watercraft, and related consultancy services.

 

1.5 "Price" shall mean the cost of the Goods as mutually agreed upon by Mercury Bay Marine and the Client, including all disbursements and charges paid by Mercury Bay Marine on behalf of the Client, subject to clause 4 of this contract.

 

2. ACCEPTANCE OF TERMS

 

By proceeding with any booking, purchase, or service provided by Mercury Bay Marine, the Client acknowledges and agrees to be bound by the terms and conditions outlined herein. It is the Client's responsibility to carefully review and understand these terms before proceeding with any transaction.

 

3. COLLECTION AND USE OF INFORMATION

 

3.1 The Client authorizes Mercury Bay Marine to collect, retain, and use any information about the Client for purposes such as assessing the Client's creditworthiness, enforcing rights under this contract, or marketing any Goods provided by Mercury Bay Marine to any other party.

 

3.2 The Client authorizes Mercury Bay Marine to disclose any information obtained to any person for the purposes set out in clause 3.1.

 

3.3 Where the Client is a natural person, the authorities under clauses 3.1 and 3.2 are authorities or consents for the purposes of the Privacy Act 1993.

 

4. PRICE

 

4.1 In cases where no price is provided in writing or agreed upon orally, the Goods shall be deemed sold at the current price as established by Mercury Bay Marine at the time of the contract.

 

4.2 The price may be subject to reasonable increases due to circumstances beyond the control of Mercury Bay Marine between the contract date and delivery of the Goods.

 

5. PAYMENT

 

5.1 Payment for Goods shall be made in full on or before collection of parts or vessel.

 

5.2 Interest may be charged on overdue amounts at a rate of 5% per month or part month.

 

5.3 Any expenses, disbursements, or legal costs incurred by Mercury Bay Marine in enforcing rights under this contract shall be paid by the Client, including reasonable solicitor's fees or debt collection agency fees.

 

5.4 Receipt of a negotiable instrument shall not constitute payment until such instrument is paid in full.

 

6. ESTIMATES

 

Any estimate of price we may give is simply an opinion as to what we expect the price is likely to be. Engines or and electronic are complex, and many operational components are hidden from view or access. We use reasonable efforts to provide a reasonably accurate estimate, but in many cases, we cannot properly assess exactly what is required (both in terms of parts and labour) until we are doing the work, and so we cannot (and do not) give any assurance that the final price will correspond to the estimate given.

 

If during our work program, we identify reasonably significant additional issues/work that are outside the scope of works covered by the original estimate or quotation, then we will endeavour to identify any additional costs in a further and/or revised estimate to seek your agreement as to how we proceed before we incur significant additional costs.

 

7. CONSUMER GUARANTEES ACT 1993

 

Except to the extent that this record (including these terms and conditions, any job sheet, quotation, or other document) shows that we have expressly contracted out of or excluded obligations pursuant to the Consumer Guarantees Act 1993 (“CGA”), nothing in this agreement limits any right that you may have as a consumer under the CGA. The rights that you may have under the CGA may be in addition to your rights and obligations you would otherwise have under this agreement.

 

8. PASSING OF RISK AND LIABILITY FOR LOSS

 

We are not responsible, to the maximum extent permissible by law, for risks relating to your engines or vessels while they are in our possession.

 

We are not liable, to the maximum extent permissible by law, for indirect or consequential loss to you regardless of how that loss arises.

 

9. CUSTOMER SUPPLIED PARTS

 

We do not accept any liability with respect to parts that have been supplied by you/the customer, for us to fit or use when working on engines or vessels (maintenance, repair, or improvements). In particular and without limitation, we do not accept any responsibility for the quality, suitability, or fitness for purpose of parts which you (and not we) have selected, sourced, and supplied.

.-Any warranty that we are providing with respect to goods and services provided by us will not apply to parts supplied by you.

 

 -We accept that this does not alter our liability, including our liability under any warranty that we provide, in respect of goods and services that we supply to you, including the services we provide in fitting parts supplied by you (but not in respect of the parts themselves).

 

 -Without assuming any responsibility for checking parts supplied by you, we reserve the right to decline to fit or use parts supplied by you which in our reasonable opinion are not suitable or fit for purpose.

 

-If we decline to use parts supplied by you we will seek to offer alternative options and agree terms with you to complete the work on that basis, but if parts cannot be sourced or terms cannot be agreed, we shall be entitled to be paid based on our usual hourly or agreed rates for the parts and services already provided and for any work necessary to put the engines or vessels back together to be returned to you.

10. PASSING OF OWNERSHIP

 

Until payment in full is received by Mercury Bay Marine for all goods supplied by us to you:

 

- Ownership in any goods supplied by us to you remains with us;

- The relationship between us and you is a fiduciary relationship, requiring you to look after the goods, which you will hold as bailed for us;

- You must not sell or otherwise dispose of or deal with the goods or do any act that may affect or defeat our title to the goods provided that you may, with our prior consent, as fiduciary, deal or otherwise dispose of the goods in the normal course of trade on the understanding that the proceeds of disposition shall at all times be our property.

- You must account directly to us for the proceeds of such disposition, all proceeds to be held on trust for us in a separate account;

- Until ownership of the goods passes from us to you, we may give notice in writing to you to return the goods or any of them to us. Upon such notice, the rights of you to obtain ownership or any other interest in the goods cease; You will not charge the goods in any way nor give any interest in the goods while they remain the property of us; You will insure and keep insured the goods to the full price against all risks until the price is received by us; We may require payment of the total or balance owing for the goods and services supplied in this job sheet/invoice together with any other amounts owing by you to us, and we may take any lawful steps to require payment of all amounts owing by you to us; You will meet the costs of any repossession (including the cost of any damage caused necessarily to repossess) and will indemnify us against any claim or costs we may incur arising out of the repossession. The foregoing provisions do not entitle you to return the goods without demand from us; We may repossess those goods supplied (and if they are attached to any other equipment or product, detach and remove the goods from that equipment or product) and you authorize us to enter onto any premises to carry out that repossession (and will, if necessary, obtain any third party approval to our entering onto those premises).

 

11. DELIVERY ARRANGEMENTS

 

Where we deliver goods or a repaired engine or vessel to you, you will pay the reasonable costs of delivery. During the delivery period, you bear the risk for damage to the engines or vessels that is out of our control, and as such should ensure you have adequate insurance during this time.

 

12. WORKER’S LIEN

 

Unless otherwise agreed in writing with you, we require prompt/immediate payment in full on completion of the work you have instructed us to complete, prior to delivery/collection. We will invoice you accordingly, and will dispatch our invoice to you to the address details you provide, and/or we will make the invoice available at our premises and/or in your engines or vessels when you attend during ordinary business hours to pay the amount due and then collect the engines or vessels. Our usual payment terms in respect of payment in cash, by direct debit, and/or credit card will apply, and (except by prior agreement) that will involve payment in full or confirmation that payment has been received in full, to our sole satisfaction, during our usual business hours. We reserve the right to exercise our common law right to a worker’s lien over your engines or vessels, if applicable.

 

13. INTEREST AND STORAGE CHARGES

 

We may, in addition to and separate from any other rights and remedies available to us (including any right to claim a lawful common law worker’s lien), at our option: Charge reasonable market rate storage costs of [Subject to current market] for your engines or vessels or property which has not been uplifted within one week of our notifying you (or making a reasonable attempt to notify you) that the engines or vessels or property is available for uplifting; Charge reasonable market rate interest at [Subject to current market] for your engines or vessels or property which has not been uplifted within one week of our notifying you (or making a reasonable attempt to notify you) that the engines or vessels or property is available for uplifting.

 

14. ABANDONMENT OF ENGINES OR VESSELS

 

Please refer to at.govt.nz/driving-parking/parking-rules/abandoned engines or vessels.

 

15. DISPUTES

 

As a valued customer, you are important to us. If you are not satisfied with the goods supplied and/or services delivered, please first discuss this with the Manager/Service Manager.

 

Alternatively, you can put your complaint in writing to the Director of the business Mark Cosgrove.

 

We are committed to taking reasonable steps to seek to address any concerns and resolve any issues or complaints if we reasonably can.

 

If your issue, complaint, or concern is not satisfactorily resolved by discussion or written reply, you are entitled to contact www.consumerprotection.govt.nz/general-help/how-to-complain/take-your-complaint-further/

 

The Helpline/Mediation service is available in addition to any other dispute resolution options available to you, which may (depending on the issue, complaint, or concern) include the Disputes Tribunal, the Motor Vehicle Disputes Tribunal, The District Court, or the High Court.

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