0488 048 969

Terms & Conditions

(Incorporating Repairer’s Lien under the Personal Property Securities Act 2009 (Cth) and Disposal of Uncollected Goods Act 1970 (WA))

ABN: 57 591 197 648

Address: Unit 8 Number 187 Breakwater Parade, Mandurah, Western Australia 6210

Phone: 0488 048 969 | Email: [email protected]

These Terms and Conditions (“Terms”) govern all repair, maintenance, servicing, and installation work (“Services”) provided by Mariner Mechanical Services (“we”, “us”, or “our”) to you (“Customer”, “you”, or “your”) for your marine vessel, including boats, yachts, jet skis, or trailers (“Vessel”). By authorising us to commence any Services, you agree to be bound by these Terms. These Terms are subject to the Australian Consumer Law (ACL) under Schedule 2 of the Competition and Consumer Act 2010 (Cth), the Navigable Waters Regulations 1958 (WA), the Occupational Safety and Health Act 1984 (WA), the Personal Property Securities Act 2009 (Cth) (“PPSA”), and the Disposal of Uncollected Goods Act 1970 (WA). Nothing in these Terms excludes, restricts, or modifies any rights or remedies you may have under the ACL or other applicable laws.

1. Definitions

  • ACL: Australian Consumer Law.
  • Quote: A written or verbal estimate of costs for the Services.
  • Repair Order: The document (physical or electronic) authorising the Services, including any Quote.
  • Vessel: The marine craft, trailer, or associated equipment provided by you for Services.
  • Repairer’s Lien: A possessory and statutory lien over the Vessel securing payment of all amounts owed for Services, parts, storage, and related costs.

2. Booking and Authority

2.1. Bookings can be made by phone, email, in person, or online. We will confirm availability and may require a preliminary inspection. 2.2. By signing the Repair Order or verbally authorising the Services, you warrant that you are the legal owner of the Vessel or have full authority to authorise the Services (including if the Vessel is under finance, lease, or hire purchase). 2.3. You authorise us to inspect the Vessel and perform any additional Services deemed necessary upon inspection, up to 15% above the Quote (or as otherwise agreed). We will notify you of any significant variations and obtain your approval before proceeding. 2.4. We reserve the right to refuse Services if the Vessel is unsafe, unseaworthy, or presents unacceptable risk.

3. Quotes and Estimates

3.1. All Quotes are estimates based on our initial assessment and are valid for 30 days from the date issued. 3.2. Actual costs may vary due to corrosion, hidden defects, marine growth, parts availability, or labour requirements. We will not exceed the Quote without your prior written or verbal approval. 3.3. Quotes exclude:

  • GST (added at 10%)
  • Environmental disposal fees
  • Haul-out, slipway, or crane fees (charged at cost)
  • Storage or mooring fees 3.4. If no instructions are received within 28 days of a Quote, we may charge reasonable storage or hardstand fees from the date the Vessel is received.

4. Services and Workmanship

4.1. We warrant that all Services will be performed with due care and skill, using marine-grade materials and parts, in accordance with:

  • Manufacturer specifications
  • Australian Marine Safety Authority (AMSA) standards
  • Navigable Waters Regulations 1958 (WA)
  • Industry codes of practice 4.2. Services comply with ACL guarantees that they will be fit for purpose, of acceptable quality, and completed within a reasonable time. 4.3. All technicians hold relevant qualifications and comply with workplace safety under the Occupational Safety and Health Act 1984 (WA). 4.4. Work is performed at our licensed premises, approved slipways, or mobile units compliant with marine regulations. 4.5. We may subcontract specialist Services but remain responsible for overall quality.

5. Parts and Materials

5.1. Parts used will be new, genuine, or certified marine-grade equivalents unless otherwise specified. 5.2. You may request specific brands, but availability and cost may vary. We are not liable for delays in sourcing. 5.3. Antifoul, anodes, and consumables are charged at current rates and may vary by Vessel size and condition. 5.4. Defective parts returned to suppliers may incur a restocking fee (up to 20%).

6. Payment

6.1. A 50% deposit is required for Services exceeding $2,000 or involving custom parts. Full payment is due upon completion and prior to Vessel release. 6.2. Accepted payment methods: Cash, EFTPOS, credit card (Visa/Mastercard; 1.5% surcharge may apply), or bank transfer. 6.3. Overdue accounts accrue interest at 1.5% per month. We may engage debt collection services, and you agree to pay all recovery costs. 6.4. For insurance claims, you remain liable for any shortfall, excess, or non-approved items. 6.5. GST is included in all quoted prices where applicable.

7. Repairer’s Lien & Security Interest

7.1. Possessory Lien: We have a repairer’s lien over the Vessel and any accessories, equipment, or parts supplied or fitted during the Services. We may retain possession of the Vessel until all amounts owing (including labour, parts, storage, haul-out, disposal fees, interest, and legal costs) are paid in full. 7.2. PPSA Security Interest:

  • You grant us a security interest in the Vessel (as defined in the PPSA) to secure payment of all monies owing.
  • This security interest is a purchase money security interest (PMSI) to the extent it secures payment for parts supplied or fitted.
  • We may register our interest on the Personal Property Securities Register (PPSR) at your cost.
  • You agree to sign any documents and provide information required to perfect our security interest. 7.3. Enforcement of Lien:
  • If payment is not received within 60 days of invoice, we may:

    a) Retain the Vessel;b) Sell the Vessel (or any part) under the Disposal of Uncollected Goods Act 1970 (WA) after giving 28 days’ written notice;

     

    c) Apply sale proceeds to outstanding debts, costs of sale, and storage;

    d) Pay any surplus to you (less administration fees).

  • You waive any right to receive a copy of the verification statement under s157 of the PPSA. 7.4. Financed Vessels: If the Vessel is subject to a finance lease or security interest, you must obtain the secured party’s consent before authorising Services. You indemnify us against any claim by a secured party.

8. Haul-Out, Slipway, and Storage

8.1. Haul-out, hardstand, and slipway fees are charged separately and vary by Vessel length, weight, and duration. 8.2. Estimated completion times are indicative. Delays due to weather, parts, or tidal restrictions do not entitle you to compensation unless due to our negligence. 8.3. The Vessel must be collected within 48 hours of notification of completion. Storage/hardstand fees of $75 per day (or as per facility rates) apply thereafter. 8.4. Uncollected Vessels: If the Vessel remains uncollected for 60 days, we may exercise our repairer’s lien and sell the Vessel under the Disposal of Uncollected Goods Act 1970 (WA) to recover all costs.

9. Warranty

9.1. We provide a limited warranty on workmanship for:

  • 6 months or 100 engine hours (whichever occurs first) for mechanical repairs
  • 3 months for general maintenance and non-mechanical work This covers defects due to faulty repair only. Excludes wear, misuse, corrosion, or post-repair modifications. 9.2. Parts warranties are as per manufacturer terms. We will assist with claims but are not liable for third-party warranties. 9.3. Warranty claims must be notified in writing within the warranty period, with the Vessel returned for inspection (haul-out fees may apply). 9.4. ACL consumer guarantees apply in addition to this warranty and cannot be excluded.

10. Liability and Insurance

10.1. To the extent permitted by law, our liability is limited to the cost of re-performing the Services or refunding the fee paid. 10.2. We maintain public liability and marine trades insurance, but you must maintain comprehensive marine insurance covering:

  • Hull and machinery
  • Third-party liability
  • Theft, fire, or storm damage while in our care 10.3. We are not liable for:
  • Loss or damage to personal items left onboard
  • Consequential losses (e.g., charter downtime, lost earnings)
  • Pre-existing defects or corrosion not disclosed 10.4. You indemnify us against claims arising from inaccurate information, unauthorised use post-repair, or failure to maintain insurance.

11. Customer Responsibilities

11.1. Provide accurate details about the Vessel’s condition, service history, and operating environment. 11.2. Ensure the Vessel is delivered with clear access, all keys, and necessary documentation. 11.3. Remove valuables and personal effects before handover. 11.4. Notify us immediately of any post-repair issues. 11.5. Ensure the Vessel complies with AMSA and Department of Transport (WA) seaworthiness requirements before use.

12. Cancellation and Refunds

12.1. You may cancel Services before commencement without charge. Cancellations after commencement incur costs for work completed, parts ordered, and haul-out fees. 12.2. Refunds are processed within 7 days, less deductions. 12.3. Custom-ordered parts, antifoul, or specialised materials are non-refundable once ordered or applied.

13. Environmental Compliance

13.1. We comply with the Environmental Protection Act 1986 (WA) for waste disposal. 13.2. Environmental levies may apply and will be itemised. 13.3. You must not discharge pollutants or leave hazardous materials onboard.

14. Privacy and Data

14.1. We collect personal and Vessel data to provide Services and comply with marine licensing and safety requirements. 14.2. Information is handled under the Privacy Act 1988 (Cth) and our Privacy Policy (available on request). 14.3. We may share data with insurers, AMSA, or the Department of Transport (WA) as required.

15. Disputes

15.1. Contact us in writing to resolve disputes within 14 days. 15.2. Unresolved disputes may be referred to:

  • Mediation via the Small Business Development Corporation (WA)
  • Magistrates Court of Western Australia 15.3. Claims under marine insurance policies are your responsibility.

16. General

16.1. These Terms are governed by the laws of Western Australia. You submit to the non-exclusive jurisdiction of WA courts. 16.2. We may update these Terms with notice. Continued use of Services constitutes acceptance. 16.3. If any provision is invalid, the remainder remains enforceable. 16.4. These Terms prevail over any inconsistent customer terms unless agreed in writing.

Acceptance: By signing the Repair Order or authorising Services, you acknowledge reading, understanding, and agreeing to these Terms, including the Repairer’s Lien and PPSA security interest.