Terms & Conditions

WEBSITE TERMS AND CONDITIONS

Please take the time to read these terms and conditions. By using Our Website and the Services and information offered on Our Website, you are agreeing to these terms and conditions.

If you purchase services through our Website, there will be additional terms and conditions relating to the purchase. Please make sure you agree with these terms and conditions, which you will be directed to read prior to making your purchase.

Definitions

Services means; marine consultancy, vessel purchasing agent, in port service agent, refit & maintenance project management, document writing and compliance, practical and theoretical marine tuition.

the Website means the website, https://www.sealmmc.com

We / Us etc means Seal Marine Pty Ltd trading as Seal Marine Management & Consultancy and any subsidiaries, affiliates, employees, officers, agents or assigns.

Accuracy of content

We have taken proper care and precautions to ensure that the information we provide on this Website is accurate. However, we cannot guarantee, nor do we accept any legal liability arising from or connected to, the accuracy, reliability, currency or completeness of anything contained on this Website or on any linked site.

The information contained on this Website should not take the place of professional advice.

Use

The Website is made available for your use on your acceptance and compliance with these terms and conditions. By using this Website, you are agreeing to these terms and conditions.

You agree that you will use this website in accordance with all applicable local, state, national and international laws, rules and regulations.

You agree that you will not use, nor will you allow or authorise any third party to use, the Website for any purpose that is unlawful, defamatory, harassing, abusive, fraudulent or obscene way or in any other inappropriate way or in a way which conflicts with the Website or the Services.

If you make any public comments on this Website and/or any social media platforms connected to Seal Marine PTY LTD and Seal Marine Management & Consultancy which are, in our opinion, unlawful, defamatory, harassing, abusive, fraudulent or obscene or in any other way inappropriate or which conflict with the Website, social media platforms or the Services offered, then we may at our discretion, refuse to publish such comments and/or remove them from the Website and/or the social media platforms.

We reserve the right to refuse or terminate service to anyone at any time without notice or reason.

Indemnification for loss or damage

You agree to indemnify Us and hold Us harmless from and against any and all liabilities or expenses arising from or in any way related to your use of this Website or the Services or information offered on this Website, and/or any social media platforms connected to Seal Marine PTY LTD and Seal Marine Management & Consultancy including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and solicitors fees of every kind and nature incurred by you or any third parties through you.

Intellectual property and copyrights

We hold the copyright to the content of this Website, including all uploaded files, layout design, data, graphics, articles, file content, codes, news, tutorials, videos, reviews, forum posts and databases contained on the Website or in connection with the Services. You must not use or replicate our copyright material other than as permitted by law. Specifically, you must not use or replicate our copyright material for commercial purposes unless expressly agreed to by Us, in which case we may require you to sign a Licence Agreement.

If you wish to use content, images or other of our intellectual property, you should submit your request to us at the following email address:

nathanclark@sealmmc.com

Trademarks

The trademarks and logos contained on this Website are trademarks of Seal Marine Pty Ltd and Seal Marine Management & Consultancy. Use of these trademarks is strictly prohibited except with Our express, written consent.

Links to external websites

This Website may contain links that direct you outside of this Website. These links are provided for your convenience and are not an express or implied indication that we endorse or approve of the linked Website, it’s contents or any associated website, product or service. We accept no liability for loss or damage arising out of or in connection to your use of these sites.

You may link to our articles or home page. However, you should not provide a link which suggests any association, approval or endorsement on our part in respect to your website, unless we have expressly agreed in writing. We may withdraw our consent to you linking to our site at any time by notice to you.

Limitation of Liability

We take no responsibility for the accuracy of any of the content or statements contained on this Website or in relation to our Services. Statements made are by way of general comment only and you should satisfy yourself as to their accuracy. Further, all of our Services are provided without a warranty with the exception of any warranties provided by law. We are not liable for any damages whatsoever, incurred as a result of or relating to the use of the Website or our Services.

Information Collection

Use of information you have provided us with, or that we have collected and retained relating to your use of the Website and/or our Services, is governed by our Privacy Policy. By using this Website and the Services associated with this Website, you are agreeing to the Privacy Policy. To view our Privacy Policy and read more about why we collect personal information from you and how we use that information, click here.

Confidentiality

All personal information you give us will be dealt with in a confidential manner in accordance with our Privacy Policy. However, due to circumstances outside of our control, we cannot guarantee that all aspects of your use of this Website will be confidential due to the potential ability of third parties to intercept and access such information.

Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Queensland, Australia. Any disputes concerning this website are to be resolved by the courts having jurisdiction in Queensland, Australia.

We retain the right to bring proceedings against you for breach of these Terms and Conditions, in your country of residence or any other appropriate country or jurisdiction.

Consultancy & Refit Terms and Conditions

Whereas:

A. The contractor is engaged in the business of providing specialist expertise and services in vessel refitting, marine consultancy, project management and marine survey.

B. The client is seeking a vessel refit project, marine consultancy, project management.

C. The contractor is able to provide the specialist skills and experience that the client wishes to engage as per the terms of the specific engagement.

It is hereby agreed as follows:

1. Performance of services

(a) The contractor hereby agrees to undertake supply of the following services as itemised and approved as per the applicable estimates for works engaged. And undertakes to comply with any reasonable requirements relating to the performance of these services which shall be communicated in writing to the contractor by the client.

The price for refitting projects is quoted within the scope works supplied to the client.

The price for refit variations will be aggreged upon by the client prior to work commencing.

The price for project management services P.O.A

The price for consultancy services P.O.A

1. Travel time and expenses will be incurred if the requested survey is beyond the boundaries of the Gold Coast City Council.

2. Travel time if applicable is calculated at the standard consultancy rate per hour, interstate travel will attract airfare and accommodation rates.

(b) The price charged by the contractor is specific to this agreement only.

(d) The client will provide for the vessel to be appropriately berthed or lifted to a refit facility.

(e) The contractor will provide the client with a detailed invoice of the work completed.

(f) Seal Marine reserves the right to engage the services of specialist sub-contractors within the project scope of work, contractors will direct invoice to the client after the required work has been completed and approved by Seal Marine.

A 10% fee will be applied to contractor invoicing for administration.

(g) The client will pay the contractor and any specialist sub-contractors the amount quoted and agreed upon, all fees are to be paid in full prior to the vessel returning to the water.

Special order items and vessel specific items may require a deposit or payment in full at the time of order placement.

A project deposit will be required prior to the commencement of the project, progress payments followed by the final payment will be required.

(h) The contractor and client agree that defects and or faults which are outside of the scope of work that may be identified after the services have been delivered and are not the responsibility of the contractor and liability lies with the client.

The contractor and client agree that defects and faults which are with the specialist sub-contractors remain between the client and the specialist sub-contractor. Seal Marine PTY LTD holds no responsibility for warranty claims held against the sub-contractor by the client. Seal Marine holds no financial responsibility for any sub-contractor invoices owed by the client before, during or on the completion of the sub-contractors scope of works.

(i) The contractor agrees all work completed shall be in accordance with government regulations, industry standards and best place practices.

(j) Variations to the agreed scope of work will be discussed between the client and contractor before proceeding.

(a) The contractor is not responsible for unforeseen technical, structural and cosmetic discoveries connected to the scope of work.

(b) The contractor will indemnify the client for claims or loss arising from a breach of professional duty in the provision of professional services however the liability of the contractor is reduced to the extent that the client or other person(s) caused or contributed to the loss or occurrence of subsequent defects, or defects not discovered at the time of the project.

2. Relationship between the parties

(a) This agreement does not constitute any company, partnership or joint venture between the parties for any purpose. Neither party to this agreement shall have any right to incur any liabilities or obligations on behalf of or binding upon the other party e xcept as provided for in that agreement.

(b) Nothing in this agreement constitutes a relationship of employer and employee. The contractor must not act in any way other than as an independent contractor of the client.

(i) The remuneration of the contractors’ personal including salary and wages, annual leave, sick leave, long service leave or superannuation;

(ii) Workers’ compensation, accident, sickness, and life insurance for the contractor’s personnel; and

(iii) All taxes including but not limited to corporate tax, payroll tax, pay tax, training guarantee levy, fbt, excise duty, GST, personal income taxes, company income taxes, contractor’s payroll taxes, superannuation guarantee levy, health insurance levy and any other additional taxes or levies imposed by government.

(d) Work carried out to achieve the results set out in this agreement can be undertaken by another person provided by the contractor. This arrangement will be subject to the substitute contractor having the appropriate qualifications and relevant experience, and to the client’s approval. The client maintains the right to veto the choice of substitute.

(e) The contractor acknowledges and hereby agrees that in relation to the supply of the services under this agreement it is the responsible for the compliance with all statutory requirements in relation to trading, including but not limited to the payment of all or any taxes, superannuation, workers’ compensation or other charge, levy or obligation imposed by law as a result of this agreement.

(f) The ownership of any intellectual property, unless in the public domain, generated by or introduced into the services by the contractor or remains at all times with the contractor unless otherwise specifically agreed in writing. All written data to be exchanged by the parties to this agreement shall be regarded as confidential and shall remain the property of the discloser. All such written data shall be immediately returned to the discloser upon written requests or at the expiry of this agreement.

(g) The terms 2 (a), (b), (c), (d), (e) and (f) shall have effect from the date of execution and shall survive the agreement.

3. Confidentiality

(a) The parties agree that confidential information disclosed to the other party remains at all times confidential and each party indemnifies the other in respect to all loss, damage, claim, liability, cost or expense suffered by the discloser arising from any breach of this agreement.

(b) The contractor and the client shall not disclose and shall use its best endeavours to prohibit and prevent the unintentional disclosure of any confidential material related to the planning, execution and after the completion of the project.

(c) The client acknowledges that the methodology, material and reports of the contractor, unless in the public domain, are to remain confidential to the contractor unless otherwise specifically agreed in writing.

4. Disputes

If any dispute arises involving the performance of this contract or the interpretation of its terms, before resort to legal action is had by either party, it is agreed that if negotiations fail, the parties shall utilise mediation by each party bearing their own costs.

5. Notices

Unless otherwise specified in the agreement or documents collateral to this agreement, all notices or communication of a contractual nature given in relation to this agreement by either party to the other party shall be in writing and delivered or mailed by registered mail’

Liability and limitations

All services and reports are provided for our named Clients' use only. No liability of whatever nature is assumed towards any other party and nothing in these terms, or the relationship between us and our Clients, shall confer or purport to confer on any third party a benefit or the right to enforce any provision of these terms.

1. We shall undertake the services to which these terms relate with reasonable care, skill and diligence, but where the Australian Consumer Law consumer guarantees do not apply… we shall have no responsibility or liability whatsoever except insofar as the Client suffers loss or damage in consequence of our negligence, gross negligence, or wilful default. Notwithstanding any other provision of these terms:

1.1 our liability shall expire 12 months after completion of the services in respect of which liability is alleged to arise and we shall thereafter have no liability in respect of those services and/or any alleged default in connection with the provision thereof;

1.2 we shall not be liable in respect of any breach of our obligations (1) for any loss, damage, delay or expense of whatever nature whether direct or indirect (including but not limited to loss of profit and loss of use) and howsoever arising or resulting whether directly or indirectly in the course of or as a result of the provision of our services, under these terms or otherwise, (2) of which written notification shall not have been given within 14 days of the date on which the Client ought reasonably to have become aware of the existence of such breach, or (3) resulting from unforeseeable causes beyond our reasonable control;

1.3 the Client covenants with us and our servants and agents that no such servant or agent shall in any circumstances whatsoever be under any liability for any loss arising or resulting directly or indirectly from any act, neglect or default on his part while acting in the course of or in connection with his employment and, without prejudice to the generality of the foregoing, every exemption, limitation and condition herein contained and every right, exemption and limitation of liability applicable to us or to which we are entitled hereunder shall also be available to protect every such servant or agent acting as aforesaid and for the purpose of the foregoing provisions we are or shall be deemed to be acting as agents or trustees on behalf of and for the benefit of all persons who are or might be our servants or agents from time to time and all such persons shall to this extent be or be deemed to be parties to these terms;

1.4 under no circumstances shall our liability exceed a total of [10] times the fee payable hereunder.

1.5 Notwithstanding anything set out in these conditions, they are subject to the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 if and to the extent consumer guarantees apply to this Contract and prevent the exclusion, restriction or modification of any such consumer guarantee. Our liability, if any, for breach of any consumer guarantee which applies shall be limited at our option to the supply of the services again or the cost of having the services supplied again.

Fees

2. Fees and expenses shall become due and payable on such terms and in such amounts as shall be agreed from time to time. GST shall be payable, if applicable, in addition to all fees and expenses. Invoices will be submitted in respect of all fees and expenses when due and the amount of each invoice shall be settled within 14 days of receipt or before the vessel is returned to the water, whichever occurs first. Interest shall be payable on all amounts owing and unpaid. Survey reports will not be issued until all fees and expenses have been settled.

Default

3. Client default: We may terminate our appointment forthwith if the Client fails for more than 14 days to pay any sum due when demanded, or if the Client fails consistently to respond promptly to requests for information and/or instructions and fails adequately to respond to 14 days' formal notice of such failure, without prejudice to our accrued rights.

4.1 Other defaults: Either party may terminate our appointment forthwith by notice if the other party shall: have an petition presented for its winding up or administration which is not discharged within 14 days of presentation or any other action is taken with a view to its winding up (otherwise than for the purpose of reorganisation or amalgamation without insolvency), or become bankrupt or commit an act of bankruptcy, or make any arrangement or composition for the benefit of creditors, or have a receiver or manager or administrative receiver or administrator or liquidator appointed in respect of any of its assets, or have anything analogous to any of the foregoing under the laws of any jurisdiction occur to it, or cease or threaten to cease to carry on business; without prejudice to the accrued rights of the other party.

Law and disputes

5. These terms shall be governed by and construed in accordance with Australian law and any dispute or difference arising, or claim made, between or by the parties out of or in relation to or in connection with the provision of services to which these terms relate and which cannot be resolved by the parties shall be submitted to the non-exclusive jurisdiction of the High Court of Australia.

Miscellaneous

6. No exercise or failure to exercise or delay in exercising any right, power or remedy vested in either party shall be deemed to be a waiver by that party of that or any other right, power or remedy.

7. Neither party shall transfer or assign its rights or obligations under these terms without the prior written consent of the other.

8. In the event that any provision of these terms is held to be a violation of any applicable law, statute or regulation the same shall be deemed to be deleted from these terms and shall be of no force or effect and these terms shall remain in full force and effect as if such provision had not been contained therein. Notwithstanding the foregoing in the event of any such deletion the parties shall negotiate in good faith in order to agree the terms of an acceptable alternative provision.

9. These terms form the entire agreement between the parties and supersede all previous agreements and understandings between the parties, and no warranty, condition, description, term or representation is given or to be implied by anything said or written in negotiations between the parties or their representatives prior to the communication of these terms.

10. References to "we" and "us" include our employees and persons, firms and companies appointed or engaged by us as our agents for carrying out any work or services under these terms, all persons, firms and companies to whom performance of any work or services under these terms is sub-contracted or delegated by us, and all agents and employees of persons, firms and companies referred to in thisclause.

11. Any communication required to be given under these terms by either party shall be in writing and shall be sufficiently given either by letter, fax or electronic mail (provided the same is capable of being recorded by the recipient in durable form) sent to the other at the contact details previously notified and any such notice shall be deemed to have been given at the time at which it would in the ordinary course of transmission have been received.

12. Both parties undertake to maintain the confidentiality of all information supplied by each other and not to divulge such information to third parties without the prior written authority of the other.

DisclaimersReports and projecting shall be prepared specifically for the client and is for their use only. Copies in whole or inpart should not be released to, or consulted by, other parties without the express prior permission of Seal Marine. Whilst all due care and diligence has been exercised in the collection of data for and the preparation of this report, Seal Marine purports to provide an advisory service only, based on the opinion and experience of the individual consultant responsible for its compilation. Seal Marine issues such advice in good faith and without prejudice nor guarantee. Anyone wishing to rely on such opinion should first satisfy himself as to its accuracy and feasibility. Seal Marine shall not be liable for any loss (including indirect and consequential loss), damage, delay, loss of market, costs, and expenses of whatsoever nature or kind and however sustained or occasioned.

Liability Clause

Seal Marine PTY LTD shall be under no liability whatsoever to the Client for any loss, damage, delay or expenses of whatsoever nature whether direct or indirect (including but not limited to loss of profit) and howsoever arising during performance of the services to be provided. UNLESS same is proved to have resulted solely from the negligence, gross negligence or wilful default of the Company or their employees or agents, or sub-contractors employed by them in connection with the vessel, in which case (save where loss, damage, delay or expense has resulted from the Company’s personal act or omission committed with the intent to cause same or recklessly and with knowledge that such loss, damage, delay or expense would probably result) the Company’s liability for each incident or series of incidents giving rise to a claim or claims shall never exceed a total of ten (10) times the fee payable hereunder.”

1. The client hereby undertakes to keep the Company and their employees, agents and sub-contractors indemnified and to hold them harmless against all actions, proceedings, claims, demands or liabilities whatsoever or howsoever arising which may be brought against them or incurred or suffered by them arising out of or in connection with the performance of the agreement, and against and in respect of all costs, loss, damages and expenses (including legal costs and expenses on a full indemnity basis) which the Company may suffer or incur (either directly or indirectly) in the course of the performance of this agreement.” Notwithstanding the aforementioned, notice of a claim or suit must be made to Seal Marine PTY LTD in writing within 90 days of the date the services were first performed or the date the damages were first discovered, whichever is the later, failing which lack of notice shall constitute an absolute bar to the claim or suit against Seal Marine PTY LTD.”

Caveats

1. “The report is a factual report on the inspection carried out, and the opinions expressed are given in good faith. It implies no guarantee, no safeguard against latent defects, subsequent defects, or defects not discovered at the time of the project in woodwork, steel, aluminium, fibreglass, GRP or any other construction material used or areas of the vessel which are exposed, covered, unexposed, or not accessible to the contractor internally due to the installation of non-removable linings, panels and internal structures etc., or agreement and permission and instructions not being given to the contractor to gain access to closed off areas.”

2. “The report is personal and confidential to my client(s) and has no extended warranty if disposed of to a third party for any purpose.”

3. “Copyright remains with Seal Marine PTY LTD.”

4. “These vessel particulars were recorded as disclosed to me by the broker/owner/client, have not been checked by me and no guarantee of accuracy can be given.”

5. “This report carries no warranty regarding ownership of the vessel or any warranty regarding outstanding mortgage, charge or other debt there may be on the vessel.”

6. “This report does not address stability, vessel performance or overall design, and no warranty is conveyed under these heads.”

7. These standard trading terms, all agreements and disputes relating thereto shall be governed by and interpreted in accordance with English Law.