CLEANLIFT MARINE & INDUSTRIAL PARK
CONDITIONS OF USE FOR VESSELS & OWNERS
FEES AS AT 1 July, 2017
|Lift and Launch||(1 Hour) $8.00 per foot (min $275)|
|Hardstand||$1.80 per foot per day|
|Labor hire for all jobs||$75 per hour.|
|Extra Setup Costs||(above 1 Hr) $75.00 per hour.|
|After Hours Lift Extra (by arrangement)||$250.00|
|Energy, Lighting & Rubbish||$15 per day.|
|Berth @ Wharf||$165 per week.|
|Water Cleaning Hire||$65 per hour|
|Extra Lifts||$185 per lift.|
|Scaffold Hire||$15 per day|
|Scaffold Hire 5.5m||$26 per day|
|Forklift Hire||$30 per 15 min|
|Ladder Hire||$5 per day|
|Shed||$4.50 per foot p/day (min $200)|
|Sandblasting Bay / Paint Bay||$165 per day|
|Sandblast media disposal fee||$100 per ton.|
|Survey Lift up to 40 ft||$250 per hour.|
|Survey Lift over 40 ft||$300 per hour.|
|Truck lifts up to one hour (on truck)||$300|
|Truck lifts up to one hour (off truck)||$250|
- All prices are plus GST.
- Hardstand will be levied daily for all days or part days.
- A clean up fee of $75 per hour will apply if hardstand or shed sites are left untidy.
- It is the owners responsibility to clean up the sandblasting bay after use and it their sole responsibility to remove the used sand / media. If this cannot be achieved a clean up and disposal fee will apply.
- All invoices are due prior to the vessel being returned to the water.
- Interest will be charged for all overdue accounts at 10% p/a.
- At no stage are any stands, cradles or straps to be moved by anyone person other than Cleanlift personnel.
- No spray painting will be allowed except for vessels in the spray bay, sandblast bay or shed and or at the discretion of Cleanlift staff.
- All sails must be removed from furlers prior to lift. In addition, any sail not in a secure cover must be removed plus booms and halyards must be firmly secured.
- No responsibility will be taken for any damage to protrusions from hull such as bilge keels and transducers that may be damaged in the lifting of the vessel. All vessels lifted are done so under the direction of the owner and therefore any damage that may be caused will not be the responsibility of Cleanlift.
- Any vessel left in the yard and no payments received Cleanlift will regard the vessel as been abandoned and derelict and reserves the right to advertise the vessel for sale to recover costs unless prior written approval has been made.
- The “Operator” means Seaworld Pty. Ltd. trading as Cleanlift Marine Complex for their respective rights & interests and or Agent and the “Owner” means the owner, master or other person in charge of a vessel to be slipped and who signs this form and “slipping” means the lifting of a vessel out of the water and its transport to a site at the Park and its storage there.
- The time and manner of slipping and location of storage site of a vessel is in the sole control of the Operator.
- Where the Customer is a “consumer” as defined by any relevant law such as the Trade Practices Act 1974 (as amended) or similar State laws, then certain terms and rights (the Prescribed Terms) will be implied into these Terms and Conditions for the benefit of the consumer, which terms and rights and any liability of the Repairer flowing from them cannot be excluded, rescinded or modified by any provision of these Terms and Conditions.
- Except for the Prescribed Terms, any terms, conditions or warranties not expressly stated in the terms and conditions do not form part of any contract between the Repairer and the Customer regarding the Works.
- Subject to the Prescribed Terms, the liability of the Repairer for any breach of any Prescribed Term shall be limited to, at the option of the Repairer:
- the replacement of the goods or the supply of equivalent goods;
- the repair of the goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods;
- the payment of the cost of repairing the goods;
- the supply of the services again; or
- Payment of the cost of having the services supplied again.
- Except as a provided in these terms and conditions, the Repairer shall not in any circumstances be liable in contract, tort, negligence or otherwise for any loss or damage (including consequential, indirect, special or economic loss or damage) which arises out of or in connection with the Works including, without limitation, any negligent act or omission on the part of the Repairer or any employee, agent or sub-contractor of the Repairer.
- The Customer indemnifies the Repairer for any liability in contract, tort, and negligence or otherwise incurred by the Repairer to any third person which arises out of or in connection with the Works including, without limitation, any negligent act or omission on the part of the Repairer or any employee, agent or sub-contractor of the Repairer.
- The Operator is not liable for loss of the Owner due to delay in slipping caused by events reasonably beyond the control of the Operator.
- During a slipping the Owner agrees to comply with and observe all request and directions of the Operator as to site and manner of vessel storage, prevention of fluids or objects escaping from a vessel and cleaning up and removal of waste as a result of works on a vessel or escape of fluids or objects.
- The Owner is responsible for securing the vessel and its equipment and contents against theft and unlawful entry.
- At the Operators discretion a vessel may not be refloated until all fees owing to the Operator are paid and such fees are agreed to be a charge on the vessel until paid.
- The Owner is responsible for securing all fittings and contents of a vessel against movement during a slipping.
- Engines shall not be run during a slipping without the Operators consent and such consent may provide directions as to times of running, and disposal of cooling water.
- If the Operator has to clean up waste, fluids or other objects from a vessel, the Owner agrees to pay the cost of a site cleaning fee.
- The Operator accepts no responsibility for damage or loss of any property such as vehicles, tools, or, machinery belonging to vessel owners, their contractors or visitors. Any such loss or damage claims should be taken up with the vessel owner that may be the cause of such loss or damage.
- The Owner is solely responsible for the safety and controls of persons employed by the Owner to work on a vessel subject to the overriding right of the Operator to control or order from the Park any such persons whose work is causing a nuisance or annoyance to the Operator or other persons.
- Before a vessel is refloated it is the Owners responsibility to ensure all hull openings are closed and that the vessel is seaworthy.
- The Owner is responsible for damage to or loss suffered by other persons (to their property or person) as a result of works on a vessel by the Owner or his agents or due to escape of fluids or objects from a vessel and indemnifies the Operator in respect thereof.
- All contractors, tradesman, etc must furnish a copy of their Liability insurance prior to commencing work on owner’s vessel. It is the Owners responsibility to ensure that their contractors, tradesmen etc supply such information.
- The operator will furnish a list of preferred and conforming contractors should owners make such request.
- The Owner will carry out works on a vessel expeditiously and if he fails to do so (in the sole and reasonable opinion of the Operator) the Operator may refloat the vessel and have it removed from the Park foreshore at the cost of the Owner.
- The Owner agrees to pay the Operators slipping fees before refloating of a vessel and if such fees are overdue for 2 months the Operator may after 2 months notice to the Owner sell a vessel by auction or private contract, take its fees and forward any balance to the Owner.
This contract remains in force from the stated date for any future lifts of the mentioned vessel whilst in the ownership of the owner.