1. Unless we otherwise agree in writing, Marine Kits packages are sold upon the following terms and conditions.
Acceptance on Deposit
2. Payment of the deposit on a Marine Kits package will constitute acceptance of these Conditions of Sale.
Marine Kits Package For One Vessel Only
3. You are supplied the Marine Kits package for the construction of ONE (1) vessel only. You must not use the Marine Kits package design, data and drawings for the construction of a second or subsequent vessel.
Copyright of Marine Kits Package
4. The Marine Kits package is protected by copyright, including Australian copyright law, international treaty provisions and the relevant laws in the country where it is used.
5. You must not copy or reproduce (either in whole or in part) the design, data, drawings or the aluminium pre-cut templates of the Marine Kits package.
6. The Marine Kits package contains information which is confidential. You (which includes your employees, agents or sub-contractors) must not disclose our confidential information and you must take all reasonable precautions to keep our confidential information safe and secure.
7. The Marine Kits package design, data and drawings are supplied to you as a service to support the construction of the Marine Kits package vessel. The Marine Kits package design, data and drawings are not salable or tradable goods. You must not sell or otherwise dispose of the Marine Kits package design, data and drawings other than by return to us.
8. You must not copy (whether by copying onto any other material or reproducing by any other means) the aluminium pre-cut templates for any purpose whatsoever.
You Must Not Modify the Marine Kits Package
9. You must not modify the Marine Kits package design, data, drawings and the aluminium pre-cut templates, without our prior written consent. Unauthorised modification may result in loss of performance or defects in the vessel produced.
10. If you wish to make modification to the Marine Kits package, you must ask us to make those modifications. If we modify the Marine Kits package we may charge a fee.
11. We will not be liable for any loss or damage suffered as a result of or arising from any unauthorised modification of the Marine Kits package or any part of it. If You Engage a Builder
12. You must tell us if you engage (or intend to engage) someone else (“your Builder”) to build the Marine Kits package vessel.
13. You must provide us with your Builder’s details.
14. Before you deliver the Marine Kits package or any part of it to your Builder you must:
(a) get your Builder’s written acknowledgment of these Conditions of Sale; and
(b) provide us with a true copy of your Builder’s written acknowledgment.
15. Only when we confirm receipt of your Builder’s written acknowledgment of the Conditions of Sale can you deliver the Marine Kits package, or any part of it, to your Builder.
You Are Responsible For Your Builder
16. You are responsible for your Builder’s performance and for your Builder’s compliance with these Conditions of Sale.
17. You are liable to us for any loss or damage we suffer as a result of your Builder’s breach of these Conditions of Sale.
18. You will indemnify us against any claim, action or demand for loss or damage arising from or as a result of, our supply of the Marine Kits package to you, except to the extent of that the loss or damage is caused by our negligence.
Payment of Marine Kits Package
19. You must pay a deposit of 30% of the purchase price of the Marine Kits package when you place an order.
20. You must pay us either by direct bank transfer or by bank cheque and you must pay any applicable bank charges.
21. You must pay the balance of the purchase price when the Marine Kits package is ready for despatch to you.
22. The purchase price includes all costs, including insurance costs, associated with transport and delivery to your nominated destination address.
Transport and Delivery
23. The Marine Kits package is ready for despatch to you when we receive a letter confirming it is ready from our cutting facility.
24. You must inspect the Marine Kits package immediately it is delivered to your nominated destination address and you must notify us immediately of any damage.
25. Except as provided for in these Conditions of Sale, we accept no liability for damage or loss suffered by you once the Marine Kits package is delivered to your nominated destination address.
Jurisdiction and Governing Law
26. In case of a dispute in relation to these Conditions of Sale, you agree to submit to the jurisdiction of the Courts of Western Australia and Australia.
27. These Conditions of Sale are governed by the laws of Australia and the State of Western Australia.
28. If any part of these Conditions of Sale is found to be void and unenforceable, it will not affect the validity of the balance of these Conditions of Sale