Terms & Conditions
MARINE LOGISTICS
BOAT TRANSPORT – TERMS & CONDITIONS
ABN 97 302 475 379 | Based in Queensland – Operating Australia-Wide
0498 648 114 | Beau.marinelogistics@gmail.com | www.marinelogisticsgroup.com.au
1. ABOUT THESE TERMS
These Terms & Conditions apply to all boat transport, vessel transport, logistics and associated services provided by Marine Logistics ("Marine Logistics", "we", "us" or "our").
The customer requesting or receiving our services is referred to as "the Client", "you" or "your".
These Terms & Conditions form part of the contract between Marine Logistics and the Client.
The contract may consist of these Terms & Conditions together with the quotation, booking confirmation, invoice, written instructions and any other documents expressly incorporated into the agreement.
Where there is an inconsistency between documents, the following order applies unless otherwise agreed in writing: (1) any specific written agreement signed; (2) the quotation or booking confirmation; (3) these Terms & Conditions; (4) the invoice; and (5) other general communications.
Nothing in these Terms & Conditions excludes, restricts or modifies any right or guarantee that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or other applicable legislation.
2. ACCEPTANCE OF THE CONTRACT
You accept these Terms & Conditions when you sign or accept our quotation, confirm the booking in writing, verbally accept the quotation or booking, pay a deposit or other amount, provide instructions for the transport, or allow Marine Logistics to commence the services.
By accepting the quotation or allowing us to commence the services, you confirm that you have had a reasonable opportunity to read these Terms & Conditions and understand that they form part of the contract.
If you arrange transport on behalf of a vessel owner, company or another person, you warrant that you have authority to do so and agree that you are responsible for ensuring the relevant owner or entity is bound by these Terms & Conditions.
3. QUOTATIONS
Unless expressly stated otherwise in writing, quotations are based on the information supplied by the Client at the time of quoting.
The Client is responsible for ensuring that all information provided to Marine Logistics is accurate and complete, including vessel dimensions, vessel weight, height, width, length, draft, trailer information, pickup location, delivery location, access conditions, marina information, loading and unloading requirements, and any restrictions affecting the transport.
If information supplied by the Client is inaccurate, incomplete or changes after the quotation is issued, Marine Logistics may need to revise the quotation.
Additional costs may arise where circumstances outside Marine Logistics' reasonable control require additional permits, escorts, route planning, pilot vehicles, lifting equipment, labour, storage, accommodation, tolls, ferry charges, waiting time, transport equipment, recovery services or other reasonable transport-related services.
Where reasonably practicable, Marine Logistics will notify the Client of significant additional costs before they are incurred.
The Client is responsible for reasonable additional costs arising from inaccurate information, changed instructions, site conditions, delays attributable to the Client, or other circumstances outside Marine Logistics' reasonable control.
4. BOOKING AND PAYMENT
A booking is not confirmed until Marine Logistics has accepted the booking and any required deposit or payment has been received.
Unless otherwise stated on the quotation or invoice, full payment is required no later than delivery of the vessel.
Where an invoice specifies "On Delivery", the amount shown on that invoice is due on delivery.
Marine Logistics may require payment before loading, transport or delivery where this has been specified in the quotation or booking confirmation.
Payment is considered received when cleared funds have been received into the nominated Marine Logistics account.
A screenshot, payment receipt, transfer confirmation or transaction reference does not by itself constitute receipt of cleared funds.
Where payment has not cleared, Marine Logistics may delay or suspend delivery, subject to any rights the Client has under applicable law.
The Client must not withhold payment of an undisputed amount because of a separate dispute.
If the Client genuinely disputes an invoice, they must notify Marine Logistics in writing as soon as reasonably practicable and provide reasonable details of the dispute.
5. LATE PAYMENT
An amount becomes overdue when the payment date specified in the quotation or invoice has passed.
Marine Logistics may charge reasonable interest on overdue amounts at the rate stated on the relevant quotation or invoice, or, if no rate is stated, at 1.5% per month calculated on the overdue amount, to the extent permitted by law.
Marine Logistics may also seek recovery of reasonable costs incurred in recovering an overdue debt, to the extent permitted by law.
Nothing in this clause prevents the Client from exercising any statutory right they may have.
6. VESSEL INFORMATION
The Client must provide accurate information about the vessel.
This includes, where applicable: overall length; overall beam/width; overall height; vessel weight; keel configuration; draft; centre of gravity; trailer dimensions; trailer condition; axle configuration; registration details; equipment attached to the vessel; and any modifications or additions.
The Client must immediately notify Marine Logistics if any supplied information changes.
Marine Logistics may refuse or postpone transport where the vessel, trailer, load or transport conditions are materially different from the information supplied.
7. ACCESS, PICKUP AND DELIVERY LOCATIONS
The Client is responsible for ensuring that pickup and delivery locations are reasonably accessible and suitable for the agreed transport arrangements.
The Client must disclose known access issues, including narrow roads, steep driveways, low branches, overhead wires, bridges, weight restrictions, restricted access, unsealed roads, difficult marina access, restricted turning areas, underground services and other known hazards.
Marine Logistics may determine that an agreed location is unsuitable or unsafe.
If a location is unsuitable, Marine Logistics may require the vessel to be moved to a reasonably suitable alternative location.
Reasonable additional costs resulting from unsuitable or changed access conditions may be charged to the Client where permitted by law.
8. LOADING AND UNLOADING
Unless expressly included in the quotation, Marine Logistics' service does not automatically include cranes, forklifts, travel lifts, marina staff, boat ramps or other specialist loading/unloading equipment.
Where specialist equipment or personnel are required, the Client must arrange them unless Marine Logistics has expressly agreed to arrange them.
The Client must ensure that any equipment, trailer, lifting point or attachment used for loading is suitable and safe.
Marine Logistics may refuse loading where it reasonably considers the vessel, trailer, equipment, location or circumstances unsafe.
9. TRAILERS AND VESSEL EQUIPMENT
Where a Client-owned trailer is used, the Client warrants that the trailer is suitable, roadworthy and legally permitted to be used for the intended transport.
The Client is responsible for disclosing any known defects or issues affecting the trailer.
The Client must remove or securely prepare loose, detachable or unsecured items before transport unless Marine Logistics has expressly agreed otherwise.
Marine Logistics may refuse to transport loose or inadequately secured equipment where doing so may create a safety risk.
10. PREPARATION OF THE VESSEL
Before transport, the Client must, where applicable: secure doors, hatches and windows; remove or secure loose equipment; secure covers; secure antennas and other protruding equipment; disconnect or secure electrical equipment where required; ensure batteries and fuel systems are appropriately secured; ensure the vessel is suitable for transport; and provide any required keys, access devices or instructions.
The Client remains responsible for items that they leave unsecured or fail to disclose.
11. TRANSPORT ROUTES, PERMITS AND ESCORTS
Marine Logistics may determine the appropriate transport route having regard to applicable laws, road conditions, restrictions, permits, vehicle dimensions and safety requirements.
Where permits, escorts or route approvals are required, Marine Logistics may arrange them where included in the quotation.
Permit requirements may change because of road conditions, authorities, route changes or other circumstances.
Marine Logistics does not guarantee a particular transport route or delivery time unless expressly agreed in writing.
12. DELIVERY TIMES
Any pickup or delivery date or time provided by Marine Logistics is an estimate unless expressly stated to be guaranteed.
Transport times may be affected by weather, traffic, road closures, permits, authorities, ferry schedules, breakdowns, accidents, delays at pickup or delivery, loading/unloading delays, mechanical issues, route restrictions, third parties or other circumstances outside Marine Logistics' reasonable control.
Marine Logistics will use reasonable efforts to keep the Client informed of significant delays.
13. STORAGE AND WAITING TIME
Where a vessel cannot be delivered because the Client or recipient is unavailable, the delivery location is inaccessible, payment has not been made, or another circumstance attributable to the Client prevents delivery, Marine Logistics may arrange reasonable temporary storage or alternative arrangements.
The Client is responsible for reasonable storage, waiting, redelivery and associated costs arising from circumstances attributable to the Client.
Marine Logistics will provide reasonable notice of such costs where practicable.
Storage arrangements do not transfer ownership of the vessel to Marine Logistics.
14. CANCELLATION
Cancellation charges, if any, will be stated in the quotation or booking confirmation.
Where Marine Logistics has incurred non-refundable costs for a booking, including permits, escorts, subcontractors, accommodation or specialist equipment, those reasonable costs may be payable following cancellation to the extent permitted by law.
If Marine Logistics cancels a booking before services commence, any refund will be dealt with in accordance with the quotation, these Terms & Conditions and applicable law.
15. RISK AND CARE OF THE VESSEL
Marine Logistics will exercise reasonable care in providing the transport services.
The Client acknowledges that boat transport involves inherent risks associated with road transport, loading, unloading, securing, weather, road conditions and the physical characteristics of vessels.
Marine Logistics is not responsible for loss or damage caused by circumstances outside its reasonable control or by the Client's inaccurate information, instructions, negligence or failure to properly prepare the vessel, except to the extent liability cannot lawfully be excluded.
16. PRE-EXISTING DAMAGE
Marine Logistics may photograph or record the condition of the vessel before, during and after transport.
Photographs may be used as evidence of the vessel's condition at pickup and delivery.
The Client should inspect the vessel at delivery where reasonably practicable.
Any visible damage or concern should be notified to Marine Logistics as soon as reasonably practicable.
Nothing in this clause limits any rights the Client has under applicable law.
17. INSURANCE
Marine Logistics maintains insurance applicable to its operations as required or considered appropriate for its business.
The Client should ensure that the vessel has appropriate insurance coverage for the transport, including where appropriate marine, vessel, trailer and contents insurance.
Insurance does not remove the Client's obligation to comply with these Terms & Conditions.
Marine Logistics does not warrant that its insurance will cover every type of loss, damage or circumstance.
18. SUBCONTRACTORS AND THIRD PARTIES
Marine Logistics may engage subcontractors, carriers, drivers, escort vehicles, lifting providers or other contractors to perform all or part of the services.
Marine Logistics remains responsible for its contractual obligations to the Client, subject to these Terms & Conditions and applicable law.
The Client agrees to provide any information reasonably required by Marine Logistics or its subcontractors to safely perform the transport.
19. LIABILITY
To the maximum extent permitted by law, Marine Logistics is not liable for loss arising from matters outside its reasonable control.
Nothing in these Terms & Conditions excludes liability that cannot legally be excluded.
Where the Australian Consumer Law or another mandatory law applies, the Client's statutory rights remain unaffected.
To the extent permitted by law, Marine Logistics' liability will be limited to the remedies available under applicable law and, where lawful, the cost of re-supplying the relevant services or payment of the cost of having the services supplied again.
Marine Logistics will not be liable for indirect or consequential loss to the extent that such liability can lawfully be excluded.
20. CLIENT RESPONSIBILITIES
The Client must provide accurate information; provide reasonable access; disclose known hazards; ensure the vessel is appropriately prepared; comply with reasonable transport instructions; make payments when due; obtain any approvals that are the Client's responsibility; ensure the Client has authority to arrange the transport; and cooperate with Marine Logistics and its contractors.
21. LIEN AND UNPAID VESSELS
To the extent permitted by law, Marine Logistics may exercise any lawful lien or other rights available to it over a vessel or goods in its possession where amounts properly owing remain unpaid.
Where a vessel remains in Marine Logistics' lawful possession and payment is overdue, Marine Logistics may take reasonable steps permitted by law to recover the outstanding amount and associated reasonable costs.
Marine Logistics will not sell, dispose of or otherwise deal with a vessel except in accordance with applicable law.
22. DEBT RECOVERY
If an amount remains unpaid after it becomes due, Marine Logistics may take reasonable steps to recover the debt.
This may include issuing a formal letter of demand, engaging a debt recovery service, commencing proceedings in an appropriate court or tribunal, seeking applicable interest, and seeking reasonable recovery costs where legally recoverable.
Nothing in these Terms & Conditions prevents either party from exercising rights available under applicable legislation.
23. DISPUTES
If the Client believes there is a genuine dispute concerning the services or an invoice, the Client must notify Marine Logistics in writing and provide reasonable details of the dispute.
The parties will attempt to resolve genuine disputes in good faith.
Where appropriate, the parties may agree to mediation before commencing legal proceedings.
Mediation may be conducted in person, by telephone or by video conference, unless the parties agree otherwise.
Nothing in this clause prevents a party from seeking urgent legal relief or exercising a statutory right that cannot lawfully be restricted.
24. GOVERNING LAW
These Terms & Conditions and the contract between Marine Logistics and the Client are governed by the laws of Queensland, Australia, except to the extent mandatory laws of another jurisdiction apply.
Subject to applicable jurisdictional requirements, the parties submit to the jurisdiction of the courts and tribunals having jurisdiction in Queensland.
The fact that Marine Logistics provides services Australia-wide does not, by itself, change the governing law specified in this clause.
25. AUSTRALIAN CONSUMER LAW
Nothing in these Terms & Conditions is intended to exclude, restrict or modify the Australian Consumer Law or any other mandatory consumer protection legislation.
Where a statutory consumer guarantee applies, that guarantee continues to apply.
If any provision of these Terms & Conditions is inconsistent with a mandatory legal requirement, that provision will operate only to the extent permitted by law.
26. PHOTOGRAPHS AND RECORDS
Marine Logistics may take photographs, videos and other records relating to the vessel, trailer, loading, unloading, transport, route conditions, damage, access conditions and delivery.
These records may be used for operational, insurance, safety, evidentiary and dispute-resolution purposes.
27. PRIVACY
Marine Logistics may collect and use personal and business information reasonably required to provide quotations, arrange transport, communicate with Clients, process payments, manage bookings, obtain permits, arrange insurance and recover debts.
Personal information will be handled in accordance with applicable privacy laws and Marine Logistics' Privacy Policy.
28. FORCE MAJEURE
Marine Logistics is not responsible for delay or failure to perform caused by circumstances beyond its reasonable control, including severe weather, flood, fire, natural disaster, road closure, government action, industrial action, accident, major traffic disruption, mechanical failure, permit delays, war, civil unrest or other circumstances beyond reasonable control.
Marine Logistics will use reasonable efforts to minimise the effect of such circumstances.
29. CHANGES TO THE BOOKING
Changes requested by the Client after acceptance of a quotation may result in additional charges.
Changes may include different pickup or delivery locations, different vessel, changes to dimensions or weight, additional equipment, changes to dates, additional waiting, additional loading requirements, or additional permits or escorts.
Marine Logistics will advise the Client of material additional charges before proceeding where reasonably practicable.
30. SEVERABILITY
If any provision of these Terms & Conditions is found to be invalid, unenforceable or unlawful, that provision will be read down or severed to the extent necessary, and the remaining provisions will continue to operate to the extent permitted by law.
31. ENTIRE AGREEMENT
These Terms & Conditions, together with the accepted quotation, booking confirmation and any specific written agreement between the parties, constitute the agreement between Marine Logistics and the Client concerning the services.
32. ACCEPTANCE
By signing or accepting a Marine Logistics quotation, confirming a booking, paying a deposit or allowing Marine Logistics to commence the services, the Client confirms that they have read and accepted these Terms & Conditions.