TERMS AND CONDITIONS 

 

1. Definitions

In this Agreement:

  • Associates means a party’s related entities, employees, officers, agents, contractors, project managers, and invitees.

  • Authority means any local, state, or federal government body, court, tribunal, regulator, or statutory authority.

  • Claim means any claim, demand, action, proceeding, investigation, liability, loss, or expense of any kind, whether current or future, known or unknown.

  • Complex means the marina land and all facilities and improvements, including the Hardstand Area.

  • Contractor means any person or company engaged by the Customer or Mac Marine Group (MMG) to perform work or services on the Craft while it is in the Complex.

  • Cost means any loss, damage, expense, fee, charge, liability, or legal cost (on a solicitor-client basis), whether direct or indirect.

  • Craft means the vessel identified in Section C.

  • Customer means the party named as customer in Section A.

  • Equipment means all machinery, gear, ropes, fittings, and other items on or attached to the Craft.

  • Exclusions means services or matters specifically excluded in Section H or Schedule 1.

  • Insurances means the insurance policies and minimum cover amounts set out in Section G.

  • MMG means Mac Marine Group.

  • Hardstand Area means the area designated by the Marina for hardstanding of vessels.

  • Law means all applicable laws, regulations, by-laws, and legal principles.

  • Lifting Fee means the fees payable for lifting services as set out in Schedule 1.

  • Other Charges means any amounts payable under this Agreement other than Lifting Fees.

  • Penalty Interest means the Federal Court of Australia pre-judgment interest rate.

  • PPSA means the Personal Property Securities Act 2009 (Cth).

  • PPSR means the Personal Property Securities Register.

  • Representative means the Customer’s authorised representative listed in Section A.

  • Rules and Regulations means the rules governing the Complex as set by MMG.

  • Security Deposit means the amount set out in Schedule 1.

  • Services means the lifting and related services described in Section H and Schedule 1, excluding Exclusions.

  • Special Conditions means any additional conditions listed in Section H.

  • Term means the period stated in Section F.

 

2. Agreement and Term

(a) MMG will provide the Services to the Customer during the Term.

(b) MMG may arrange for some or all of the Services to be carried out by Contractors.

(c) Before any work starts, the Customer must obtain MMG’s approval and provide full details of the proposed work and contractors.

(d) If MMG continues providing Services after the expiry date:

  • the same terms apply;

  • MMG may increase fees or costs by written notice; and

  • either party may terminate the Agreement with one month’s written notice.

 

3. Fees and Charges

(a) In return for the Services, the Customer must:

  1. pay all Costs incurred by MMG or Contractors;

  2. pay all amounts due without deduction or set-off and by the method required by MMG;

  3. pay Penalty Interest on overdue amounts after 14 days; and

  4. pay MMG, its sub-licensees, or contractors directly for services before the Craft is relaunched or leaves the facility.

(b) Invoices may be corrected for errors or omissions, and the Customer must pay any corrected amount.

 

4. Customer Obligations and Acknowledgements

(a) The Customer must:

  • not attempt to perform the Services;

  • not use MMG’s equipment;

  • not interfere with the Services;

  • keep the Craft clean, safe, seaworthy, and watertight;

  • comply with all Laws relating to the Craft;

  • avoid any unlawful, dangerous, or offensive activity;

  • keep the Craft free of people and animals during Services;

  • follow MMG’s directions; and

  • comply with all Rules and Regulations, including induction and access requirements.

(b) The Customer acknowledges that:

  • MMG only provides the Services and does not assess the Craft’s condition;

  • MMG may refuse to lift the Craft if it is unsafe or information is missing;

  • the Craft and its contents remain at the Customer’s risk;

  • all Contractors must be approved and comply with MMG’s requirements;

  • MMG’s operations may take priority; and

  • MMG is not responsible for the quality of Contractor services.

(c) Consumer guarantees under Australian law are not excluded where legally required.

 

5. Rules and Regulations

MMG may create or change Rules and Regulations as needed. These apply once notified by notice, signage, or website publication. MMG is not liable for failure to enforce them.

 

6. Customer’s Representative

The Customer authorises its Representative to act on its behalf. MMG may deal directly with the Representative, and the Representative’s actions bind the Customer.

 

7. Relocation of Craft

(a) MMG may move or store the Craft if:

  • required for operations;

  • the Craft has sunk or is at risk;

  • safety or environmental risks exist;

  • the Customer defaults;

  • required by law or Authority; or

  • responding to an emergency.

(b) All relocation costs and risks are borne by the Customer. MMG is not responsible for damage and may carry out necessary repairs at the Customer’s cost.

 

8. Risk and Liability

(a) The Customer confirms it has inspected and accepted the Complex.

(b) To the extent permitted by law, the Customer assumes all risks associated with use of the Complex and the Craft.

(c) The Customer is responsible for all waste, pollution, and discharges.

(d) The Customer accepts that deterioration and wear may occur while the Craft is stored or lifted.

 

9. Indemnity

The Customer indemnifies MMG and its Associates against all Claims and Costs arising from the Customer’s acts, omissions, or defaults, except where caused by MMG.

 

10. Australian Consumer Law

Nothing in this Agreement excludes non-excludable rights under Australian consumer law.

 

11. Insurance

(a) The Customer must maintain required Insurances.

(b) Insurances must be provided by authorised insurers.

(c) Evidence of insurance must be provided to MMG prior to the vessel arriving at the facility.

(d) The Customer must not do anything that affects insurance cover.

 

12. PPSA Security Interest

The Customer grants MMG a security interest over all present and future personal property to secure amounts owed. MMG may register and enforce this interest. The Customer waives certain PPSA rights to the extent permitted by law.

 

13. Default

Default occurs if the Customer:

  • fails to pay amounts within 7 days of written demand;

  • breaches the Agreement and fails to remedy within 7 days;

  • breaches another MMG agreement;

  • becomes insolvent; or

  • is subject to enforcement proceedings.

 

14. Consequences of Default

(a) If default occurs, MMG may:

  • suspend Services;

  • enforce its security interest;

  • terminate the Agreement;

  • move the Craft; and

  • exercise a lien over the Craft and Equipment.

(b) On termination, the Customer must vacate the Hardstand Area, remove the Craft, and pay all outstanding amounts.

(c) Termination does not affect accrued rights.

 

15. Power of Attorney

The Customer appoints MMG and its Associates as attorneys to do anything necessary to enforce this Agreement.

 

16. Sale or Disposal of Craft

If the Customer fails to remove the Craft, MMG may take possession and sell or dispose of it. Sale proceeds are applied to outstanding Costs and debts first, with any surplus returned to the Customer.

 

17. General Provisions

  • The Customer may not substitute the Craft without MMG’s approval.

  • This Agreement does not create a tenancy.

  • The Customer warrants ownership and authority over the Craft.

  • The Craft must not be subject to legal restrictions.

  • Notices must be in writing.

  • This Agreement is the entire agreement.

  • Time for payment is essential.

  • GST is payable in addition where applicable.

  • Rights and indemnities survive termination.

  • Assignment requires MMG’s consent.

  • Obligations are joint and several.

  • Counterparts are permitted.

  • Special Conditions prevail over inconsistencies.

  • Invalid provisions may be severed.

  • The Agreement is governed by the law of the state or territory where the Complex is located.




SERVICE VESSELS – MOVEMENT PROTOCOL AND PROCEDURES

To ensure a safe and trouble-free arrival, lift, and launch for you and your vessel, we have put together the following notes. Please read these notes carefully.

 

Preparing for your vessel to be hauled at Mac Marine Group

Please make sure you are aware of the following details about your boat:

  • Location of the lifting or loading bearing points on the hull, to be provided to the MMG Service Team.

  • Location of any hull appendages such as keel, sea water intakes, rudders, running gear, transducers, and stabilisers. Transducers and stabilisers should have identification stickers clearly marked.

  • The weight of your vessel.

  • If you have drawings or photos detailing your vessel beneath the waterline, please give them to the MMG Service Team prior to the lift. This information can significantly reduce the chance of error or damage when lifting your vessel.

  • Make sure all small vessels, i.e. dinghies, rafts, etc do not extend beyond your vessel.

  • Please inform us of any peculiarities of your vessel. These details are necessary for us to make the appropriate provisions and properly attend to you and your vessel’s needs.

  • Inform MMG via email if your vessel has a wrapped hull. Please note wraps deteriorate as they age, and MMG does not accept responsibility for damage due to lifting or pressure blasting.

  • No lithium battery devices may be charged or left on site.

  • Consider:

  • Fresh water systems

  • Saltwater systems

  • Glands

  • Battery operations

  • Hull appendages

  • Depth sounders

  • Gauges

  • Speedometers

  • Earthing plates

  • Propulsion system

  • Any other protrusions from your vessel

No lithium battery items are to be on charge when at MMG. Ensure you make other plans for these items.

 

 

Before Arrival at Mac Marine Group

  • No lithium battery items are permitted to be on charge while at MMG. Ensure you make other plans for these items.

  • Water and sullage tanks should be empty.

  • Fuel tanks should only have enough for your journey to MMG and return to your refuelling wharf after launch.

  • Remove all perishable food from your vessel, including from your refrigerator and freezer. Make sure that your freezer is defrosted to prevent water leakage and pooling. Shore power is not guaranteed on site and is the customer’s responsibility for checking the connection.

  • Remove all valuables.

  • Firmly shut all windows, ports, and hatches. Remember, your vessel may not sit at the same angle while on the hardstand as in the water, causing water to move in different directions.

  • Ensure you have an agreed method of communication with the MMG Operations Manager and staff.

 

Approaching Mac Marine Group

  • Obey the speed limit of 4 knots and reduce to no wash outside the facility.

  • Ensure your fenders and docking lines are at the ready, MMG’s berths are fully fendered with permanent lines 

  • Beware of rowers and dinghies in the vicinity.

 

Berthing (check wharf location for your boat with MMG Service Team)

  • Ensure your fenders and docking lines, including stern and bow lines, are ready prior to berthing.

  • If you require assistance in berthing, please notify the MMG Service Team.

  • Our berths (floating pontoons) are located directly to the west and north of our straddle lift bay.

 

Vessel Lift (Straddle Lift)

  • Tie vessel up to the wharf and ensure the vessel is shut down, with all fenders pulled in and stowed away. MMG staff will manoeuvre the vessel into the slings manually.

  • The travel lift operator will manage the lift from this point.

  • Be prepared to provide bow and stern lines as required.

  • If you are present, the operator will confirm that the slings are in the correct position for your vessel. If you are not present, please provide all necessary information for us to lift your vessel. We will not be held responsible for any resulting damage if information is incomplete and/or sling locations are not clearly marked.

  • Isolate any systems that may cause damage or injury if operated while the vessel is on hardstand (eg thrusters, main engine, anchor windlass, canting keels, radars, transducers, electric boarding/swim platforms, stabilisers etc).

  • For safety reasons, no one is allowed to remain on the vessel while it is being moved or lifted.

 

Vessel Launch

Straddle Lift

  • You are not required to be present for your vessel launch. If you are present and wish to participate, you will board your vessel once the vessel is in the water.

  • Once the vessel is tied up in the work berth, you can now bring all electrical systems back online and reopen any closed sea cocks if required. Conduct all necessary checks:

  • Cooling systems

  • Skin fittings

  • Hoses

  • Glands

  • Etc

  • Once you are ready to depart, hands will be available on the wharf to assist.

 

If contractors have carried out work on the vessel, they are responsible for the water-tight integrity. If the vessel needs to be left in the slings for any contractor for any means necessary, associated costs will be incurred after five minutes and will be charged at a minimum of $450 per hour, with a minimum of one hour.

If the vessel needs to be re-lift, standard lift fees apply.