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Terms and Conditions of Trade

Holmes Trading Co Pty Limited

Trading as BoatBuddies

ABN 96 676 061 475

1. Acceptance of Terms

These Terms and Conditions apply to all goods and services supplied by Holmes Trading Co Pty Limited trading as BoatBuddies (“BoatBuddies”, “we”, “us”, “our”) to any customer (“Customer”, “you”, “your”).

By engaging BoatBuddies to provide services or supply goods, you agree to be bound by these Terms.

These Terms override any prior discussions, representations, or agreements unless expressly agreed in writing.

2. Scope of Services

BoatBuddies provides marine maintenance, repair, detailing, installation, inspection, underwater services, and related marine services to recreational and commercial vessels throughout New South Wales.

Services may be carried out at marinas, on moorings, private jetties, hardstand facilities, our workshop, or other agreed locations.

We may supply parts, consumables, marine equipment and related goods as part of our services.

3. Quotes and Estimates

Written quotes are valid for 14 days unless otherwise stated.
Quotes are based on visible inspection only.
If additional issues are discovered during the works, we will notify you and provide a variation.
Estimates are indicative only and not fixed-price agreements.

4. Travel, Access and Site Costs

Call-Out and Travel

Our call-out fee includes up to 30 minutes travel time.
Additional travel time beyond 30 minutes may be charged at our standard hourly rate.
Where a vessel is located outside standard service areas, return travel time may also be charged.

Parking, Tolls and Marina Fees

Any parking costs, tolls, marina access fees, travel permits, paid berthing, or site access costs required to access your vessel will be passed on to you.

Access Requirements

You must ensure safe and clear access to the vessel and provide all necessary keys, codes, permissions, and utility access. Delays caused by lack of access may incur additional charges.

5. After Hours and Emergency Work

Standard working hours apply Monday to Friday unless otherwise agreed.

After-hours, weekend, or emergency work will incur additional charges at applicable overtime rates.

6. Cancellations and Rescheduling

Appointments may be rescheduled without charge where reasonable notice is provided.
At least 24 hours notice is required for cancellations.
Cancellations within 24 hours may incur a cancellation fee.
If technicians attend and work cannot proceed due to Customer fault, a call-out fee will apply.

7. Payment Terms

Unless otherwise agreed in writing:

Payment is due immediately upon completion of the job.
Payment must be received before keys are returned or the vessel is relaunched (if applicable).
For invoiced work, payment is due strictly by the due date stated on the invoice.
BoatBuddies does not provide ongoing credit accounts unless approved in writing.
You may not withhold payment except where required by law.

8. Deposits and Progress Payments

We may require a deposit before commencing work.
Failure to pay a required deposit may result in delayed or cancelled works.
For larger projects, progress invoices may be issued for labour and materials supplied to date.
We reserve the right to suspend works if progress payments are not made.

9. Late Payments and Recovery

Overdue invoices may incur:

A late administration fee (up to $200 at our discretion)
Interest at 2% per month calculated daily on overdue amounts
Debt recovery and legal costs on a full indemnity basis

We reserve the right to retain possession of your vessel under a lawful lien until all outstanding amounts are paid in full.

10. Risk and Insurance

Risk in goods passes to the Customer upon delivery or installation.

The Customer must ensure the vessel is adequately insured while work is being performed.

BoatBuddies is not responsible for:

Pre-existing defects
Corrosion, electrolysis, or hidden structural issues
Weather-related damage beyond our control
Deterioration due to age or marine exposure

11. Retention of Title

Ownership of goods supplied remains with BoatBuddies until payment is received in full.

Until payment is made, you hold goods as bailee only.

We may register a security interest under the Personal Property Securities Act 2009 (Cth) if required.

12. Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any rights or remedies you may have under the Australian Consumer Law.

Where goods or services are not ordinarily acquired for personal, domestic, or household use, our liability is limited (where permitted by law) to:

Resupply of services; or
Repair or replacement of goods; or
The cost of resupply or repair.

13. Limitation of Liability

To the maximum extent permitted by law:

We are not liable for indirect or consequential loss.
We are not liable for loss of charter income, commercial loss, or loss of opportunity.
Our total liability is limited to the value of the services supplied.

Customers engaging us for commercial vessel operations acknowledge that downtime risk remains their responsibility.

14. Commercial Dive Services

BoatBuddies may provide commercial diving services including hull cleaning, underwater inspection, anode replacement, propeller inspection, mooring inspection, underwater photography, minor underwater repairs, and recovery services.

Customer Responsibilities

The Customer warrants that:

The vessel is safe and structurally sound.
All known defects or hazards have been disclosed prior to work.
Engines are turned off and isolated unless agreed otherwise.
Shore power is disconnected or declared safe.
The vessel is adequately insured.

Failure to disclose hazards may result in suspension of works and additional charges.

Environmental and Water Conditions

Underwater visibility, currents, swell, weather, and marina conditions may affect the quality and timing of works.

Removal of marine growth may reveal pre-existing coating failure, corrosion, blistering, or structural defects. BoatBuddies is not responsible for pre-existing defects revealed during works.

Safety Authority

BoatBuddies reserves the right to suspend or abort diving operations where conditions are unsafe. Decisions made by our dive supervisor are final.

Recovery Services

Where recovery of submerged items is requested:

No guarantee of successful recovery is given.
Charges apply regardless of outcome.
The Customer confirms lawful ownership of any item requested for recovery.

15. Privacy

We comply with the Privacy Act 1988 (Cth).

We may collect and use personal information for service delivery, invoicing, debt recovery, and credit assessment where applicable.

You may request access to your personal information by contacting us.

16. Force Majeure

We are not liable for delays or failure to perform caused by events beyond our reasonable control, including severe weather, marina restrictions, government directives, or supplier shortages.

17. Amendments

We may amend these Terms from time to time. The version in force at the time services are supplied will apply.

18. Governing Law

These Terms are governed by the laws of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales.

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Terms and conditions

These terms and conditions form part of the working relationship and legal agreement between Boat Buddies, its associated entities and the customer.

About us