Client’s Authority and Provision of Material Fact
1.The Client warrants that it has the authority to enter into such an Agreement set out by the following terms and conditions.
Agent’s Authority and Agreed Services
2.Within the terms of this agreement and those details outlined in the Statement of Particulars, the Agent has the authority to perform the following services (the “Agreed Services”)
- Conduct on behalf of the Client an Insurance Risk Evaluation on the vessel and engines accepted by the designated insurance company
3.The Agent accepts the appointment by the Client and agrees to use its best endeavours in order to perform the Agreed Services subject to the terms of this Agreement.
Inspection Period
4.The Client appoints the Agent to act on its behalf subject to the terms and provisions set out in this Agreement commencing on and from the date of this Agreement.
5.The Client appoints the Agent for a period of;a.1 month, or the parties may mutually agree in writing to extend the appointment under this Agreement prior to the expiry of the period.
Cancellations
6.You may cancel the inspection at any time.
7.BoatBuy requires 24 hours' notice for cancelling or rescheduling inspections. Inspections fees cancelled or rescheduled with less than 24 hours' notice will be forfeited.
8.Inspections cancelled with more than 24 hours' notice will be refunded or credited in full.
9.BoatBuy reservces the right to cancel or reschedule inspections as necessary or required. Inspections cancelled by BoatBuy will be credited or refunded to you in full.
10.If any portion of the inspection is unable to be undertaken due to vessel condition and additional visit/s are required there will be a minimum call out fee of $300 per visit.
Expenses
11.The Client acknowledges that the Agent may incur certain expenses while performing and in relation to the Agreed Services and agrees to such expenses being incurred by the Agent.
12.The Client agrees to reimburse any parking fees related to carrying out the inspection.
13.The Client agrees to advance funds for the stated expenses upon request by the Agent or will reimburse the costs incurred by the Agent once an invoice has been provided.
14.The Client agrees to reimburse any taxes or deductions debited by banks or other financial institutions from the Agent’s account in relation to services provided on behalf of the Client.
Remuneration
15. Remuneration shall be paid to the Agent as follows:a.For inspections outside the Sydney Metropolitan area, fees are quoted prior plus travel time and costs, as agreed with the Client, and payable prior to the Agent conducting the inspection. Table 6A - Pricing
Table 15A - Pricing
| Length of Boat in Feet |
Price |
| 0-22 ft |
$350 |
| 23-30 ft |
$450 |
| 31-50 ft |
$675 |
| 51-60 ft |
$920 |
| 61+ ft |
To be quoted |
Limit On Agent’s Services And Authorisations
16.The Agent is not instructed and will not perform any other services other than as outlined in this Agreement.
17.It is the boat operator’s responsibility to carry out maintenance checks as per owner manual.
18.Whilst all endeavours will be been made to discover any faults or defects that may exist in the engine(s), gearboxes, hull, electrics and associated components, it is pointed out that there can always exist defects or hidden defects that cannot be detected during a reasonable examination without interfering or further dismantling components of the vessel. No responsibility can be accepted for any past, present or future parts or engine failure that may occur.
Agent’s Indemnity And Liability
19.The Client will hold and keep indemnified the Agent against all actions, suits, proceedings, claims, demands, costs and expenses whatsoever which may be taken or made against the Agent in the course of or arising out of the proper performance or exercise of any of the powers, duties or authorities of the Agent under this Agreement.
20.The Client acknowledges that the inspections performed by the Agent covers only items deemed relevant by the Agent, and the inspection checklist changes depending on the type of boat and engine. The client can request a copy of the checklist prior, and unless additional inspection items are expressly requested by the Client and agreed to by the Agent, the Agent is not liable for any issues, damage or problems which may otherwise arise.
Privacy
21.The Client acknowledges that the Agent may require personal information from or about the Client in order to act on the Client’s behalf and satisfy its obligations under this Agreement.
22.The Client agrees to the Agent’s use and disclosure of personal information it may have collected in accordance with the Privacy Act 1998 and/or any other applicable legislation.
23.The Agent will only disclose such information to other parties as required in order to perform their duties under this Agreement or as required by Privacy Act 1998 and/or any other applicable legislation.
Disclosure
24.The Agent must disclose to the Client any rebates, discounts or commissions it may receive from third parties which relate to payments made by the Client or expenses incurred by the Client or on behalf of the Client by the Agent.
Disclaimer
25.The Client accepts that the Agent cannot provide any financial or investment advice and that any advice provided is of a general nature and does not take into consideration the Client’s individual circumstances, objectives, financial situation or needs in relation to the acquisition of any proposed property.
26.The Client agrees to obtain financial advice from an independent and appropriately qualified financial or investment adviser should such advice be required prior to authorising the acquisition of any Boat and/or Trailer.
Variation
27.Any variation to any terms under this Agreement or the Statement of Particulars can only be varied in writing signed by both parties.
Client Acknowledgment
28.The Client acknowledges they have downloaded a digital copy of this Agreement.
