Boat Coat Limited Terms of Business

All work carried out by Boat Coat Limited is subject to these Terms of Business. These may be updated from time-to-time without prior notice. It is The Client’s responsibility to check them before any work is carried out. If Boat Coat Limited is instructed to go ahead with any work, it will be deemed that it is in acceptance of the current Terms of Business of Boat Coat Limited.

Estimates

Boat Coat Limited will provide an indication of costs, based on The Client’s stated requirements and information on the vessel provided by The Client or gathered by Boat Coat Limited. The Client will receive a copy of this and The Client should inform Boat Coat Limited immediately of any inaccuracies, alterations, corrections or other problems. Any quotes, estimates or costings provided remain valid for 30 days.

Once work has commenced, any changes to the measurements or requirements detailed in the quotes, estimates or costings agreed upon by Boat Coat Limited and The Client must be agreed upon by both parties. Boat Coat Limited reserves the right to charge for any additional work carried out as a result of changes to measurements or requirements once work has commenced. The final invoice will reflect any adjustments made to measurements or requirements.

Disbursements/Additional Charges

Any additional costs (e.g. courier fees; postage; car parking fees; additional work, flights, hotel accommodation, etc.) not included in the estimate or quote document or other communications may be charged for, subject to prior verbal approval by The Client.

Job Cancellation

If The Client cancels the order before its completion, The Client shall be responsible for the cost of any proofs, artwork, materials ordered and work done until cancellation notice is received in writing. In addition, Boat Coat Limited reserves the right to charge a cancellation fee of 15% of the agreed quote, estimate or costing, in addition to the actual charges, to cover un-billed internal costs.

Terms of Payment

The Client will be required to pay a deposit of 50% of the total estimated cost (unless otherwise agreed) before work is commenced. Boat Coat Limited will invoice The Client for the deposit on confirmation of the project, and for the remainder of the cost promptly upon completion of the project. Projects which take longer than one month to complete may be invoiced for progress payments (between 50% and 100%), especially where a significant part of the work has already been completed.

Payment terms are strictly seven days of invoice date, unless an alternative arrangement has been agreed upon in writing by both parties. No statements will be issued. All work will remain the property of Boat Coat Limited until paid for in full. Boat Coat Limited reserves the right to charge interest on overdue accounts at the rate of 1.5% per month. Boat Coat Limited also reserves the right to withdraw services to overdue accounts, and cancel any future orders. The Client will be responsible for any costs incurred in recovering outstanding amounts from them, including any debt collection and legal fees, and administration time.

All monetary amounts described are in New Zealand Dollars unless specifically stated otherwise.

Refunds

All vinyl boat wraps, boat names, detailing and any other work carried out by Boat Coat Limited are custom projects, and as such no refunds will be given.

GST

All prices are quoted exclusive of GST. GST is payable by New Zealand residents; this cost does not apply to overseas orders.

Installation Conditions & Safe Work Environment

The Client agrees to provide suitable conditions for the employees and contractors of Boat Coat Limited to carry out their work. The Client must ensure the structure to be wrapped is in a clean, dust-free environment, with a power supply and good lighting, and a minimum of two metres working space around the entire structure to be wrapped.

The Client also agrees to provide a safe work environment for the employees and contractors of Boat Coat Limited. The Client must ensure that the structure being wrapped is structurally sound and safe to work on. Where scaffolding is erected around the structure to be wrapped, The Client will ensure that the scaffolding is of a professional standard, and will not impede the work of employees of Boat Coat Limited.

The Client agrees they have taken appropriate precautions and will not hold Boat Coat Limited liable for any damage to the structure wrapped or flaws in workmanship resulting from the lack of provision of suitable conditions or a safe work environment.

Boat Coat Limited reserves the right to decide whether suitable and safe working conditions exist, and may, at its sole discretion, delay work until such time as The Client has provided suitable conditions and a safe work environment as detailed above.

Boat Coat Limited will not be held responsible for any direct or indirect losses caused by delays in installation due to unsuitable conditions or an unsafe work environment. Boat Coat Limited reserves the right to charge for any additional costs incurred, including but not limited to; travel; accommodation; labour and rescheduling costs; caused by The Client’s failure to provide suitable conditions or a safe work environment.

Surface Preparation

Surfaces to be wrapped must be sound and clean, with any existing graphics removed (unless prior arrangements have been made for Boat Coat Limited to remove these). Fees for cleaning and surface preparation may be applied, or delays incurred, if the surfaces to be wrapped are not in a satisfactory condition.

Boat Coat Limited will not be held responsible for any direct or indirect losses caused by surfaces not being satisfactorily prepared before our arrival on site. Boat Coat Limited reserves the right to charge for any additional costs incurred, including but not limited to; travel; accommodation; labour and rescheduling costs; caused by The Client’s failure to satisfactorily prepare the surfaces to be wrapped. If The Client is informed that the surfaces to be wrapped are not in a satisfactory condition, and elects to proceed with the work despite this, Boat Coat Limited expressly disclaims any warranty on the work.

Time Frames and Weather Delays

Boat Coat Limited will endeavour to work within the time frames scheduled, but certain weather conditions may result in delays in installation. These include, but are not limited to: rain; snow; hail; wind; high or low temperatures; and excessive humidity. Boat Coat Limited reserves the right to determine the point at which weather conditions become too adverse to continue work.

Boat Coat Limited will not be held responsible for any losses caused by delays in installation due to unsuitable weather. If The Client is informed that weather conditions are unsuitable, and elects to proceed with the work despite this, Boat Coat Limited expressly disclaims any warranty on the work.

Liability

Boat Coat Limited will not be liable for any indirect or consequential damages, including but not limited to; loss of earnings or profits, or for any claim made on the client by any other party, even though Boat Coat Limited may have been notified of such damage or claims.

Boat Coat Limited shall not be liable to the client for any loss or damage directly or indirectly arising out of or in connection with any delay in delivery of the goods or failure to perform our obligations under this agreement where such delay is caused directly or indirectly by natural disaster (fire, storm, flood, earthquake, volcano eruption); armed conflict; labour dispute; civil commotion; intervention of a government; inability to obtain labour, materials or manufacturing facilities; breakdown or malfunction of machinery/equipment; outages in telecommunications, radio communications or power networks; theft; vandalism/tampering; accidents/illness; bankruptcy/liquidation of a supplier; interruptions of, or delay in, transportation; any act or omission of any third party; or any other cause beyond our control.

If, despite the other provisions of this agreement, Boat Coat Limited is found to be liable to The Client then its liability for any single event or series of related events is limited to the fees paid to us for work carried out by us.

Warranty

Boat Coat Limited offers a limited one year warranty on workmanship/installation only. This covers The Client in the unlikely event that Boat Coat Limited incorrectly applies any vinyl wrap, causing premature failure of the wrap to occur.

If errors in workmanship or installation on the part of Boat Coat Limited are found to be the cause of premature wrap failure, Boat Coat Limited will endeavour to resolve the issue within 20 working days from the date it receives written notification of the issue, provided that notification occurs within one year of the date that the vinyl application commenced, and that the work has been paid for in full.

In the case of a valid warranty claim, Boat Coat Limited will, at its sole discretion; repair or replace the faulty part of the wrap; or refund a proportion of the cost of the wrap commensurate with the scale of the fault.

Boat Coat Limited offers no warranty on workmanship/installation in the following circumstances:

  • Where the vessel is used, or will be used, for any commercial purposes;
  • Where any non-warranted materials are used, or materials are used in a way that voids the warranty offered by the manufacturer;
  • Where the surface is deemed potentially unstable, including but not limited to; surfaces with existing vinyl or graphics; surfaces with old, flaking or chalky paint or gelcoat; surfaces below the static waterline;
  • Where the work has not been paid for in full;
  • Where The Client has not complied with any recommendations or requirements of Boat Coat Limited, specifically in relation to surface preparation, provision of a safe and suitable working environment, or vinyl after-care;
  • In any other case where Boat Coat Limited expressly disclaims any warranty in writing.

No warranty on materials is offered or implied by Boat Coat Limited. Boat Coat Limited only use and recommend 3M vinyl, which is covered by 3M’s own material warranty. This warranty is available to The Client should any material defects occur. Should any material defects occur that are covered by 3M’s warranty, Boat Coat Limited will endeavour to assist The Client with a warranty claim from 3M, provided the claim is deemed to be legitimate.

In the case of any problems with materials or installation, the client should notify Boat Coat Limited immediately in writing. Any delay in notification may void the warranty.

Artwork Errors

Boat Coat Limited will re-design any artwork that has problems due to an error on the part of Boat Coat Limited, provided the error is brought to our attention before final sign-off and commencement of installation. Boat Coat Limited will not be held responsible for errors in artwork after final client sign-off or neglect of final sign-off.

Copyright

Work produced by Boat Coat Limited will remain the property of Boat Coat Limited until such time as payment has been made in full, whereupon they will become the property of The Client. Any electronic files produced become the property of The Client upon payment, and are available on a USB drive at any time after payment has been made, for a fee of $25 plus GST per USB drive to cover administrative costs, plus any postage costs incurred by Boat Coat Limited.

In the event of The Client supplying images or photographs, Boat Coat Limited will assume that any copyright issues related to those images have been satisfied and that The Client is providing them with the permission of the originator of the images. The Client will take full responsibility for any copyright issues resulting from the use of the images.

If any images or photographs are supplied by Boat Coat Limited, it is acknowledged that copyright of the same is retained by Boat Coat Limited.

Use of Images and References to Completed Work

Boat Coat Limited retains royalty-free rights to use images/videos of completed or in-progress work and/or to refer to the client in its portfolio and any other marketing materials, for the purposes of promotion, unless The Client specifically instructs Boat Coat Limited otherwise.

Dispute Resolution

In the event of a dispute, neither party shall commence any court or arbitration proceedings relating to a dispute, unless that party has first complied with this clause.

In the event of a dispute, the parties shall first use their best efforts to settle the dispute amicably. To this effect, they shall consult and negotiate with each other in good faith and attempt to reach a just and equitable solution satisfactory to both parties.

If such a solution cannot be reached within 30 days of either party notifying the other of the existence of a dispute in writing, then either party may opt to lodge a claim with the Disputes Tribunal. The fee for lodging a claim with the Disputes Tribunal will be paid by the party that lodges the claim. In the event that both parties agree to lodge a claim with the Disputes Tribunal, the fee will be divided equally between both parties. Any decision made by the Disputes Tribunal shall be binding and final.

If no claim is lodged with the Disputes Tribunal by either party within 30 days after the end of the negotiation period detailed above, the dispute will then be referred to mediation, a non-binding dispute resolution process in which an independent mediator facilitates negotiation between the parties. Mediation may be initiated by either party writing to the other party and identifying the dispute which is being suggested for mediation. The other party will either agree to proceed with mediation or agree to attend a preliminary meeting with the mediator to discuss whether mediation would be helpful in the circumstances. The parties will agree on a suitable person to act as mediator or will ask the Arbitrators’ and Mediators’ Institute of New Zealand Inc. to appoint a mediator. The mediation will be in accordance with the Mediation Protocol of the Arbitrators’ and Mediators’ Institute of New Zealand Inc.

The mediation shall be terminated by –
(a) The signing of a settlement agreement by the parties; or
(b) Notice to the parties by the mediator, after consultation with the parties, to the effect that further efforts at mediation are no longer justified; or
(c) Notice by one or more of the parties to the mediator to the effect that further efforts at mediation are no longer justified; or
(d) The expiry of sixty (60) working days from the mediator’s appointment, unless the parties expressly consent to an extension of this period.

If no mediation is agreed to or if the mediation should be terminated as provided in (b), (c) or (d), any dispute or difference arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in New Zealand in accordance with New Zealand law and the current Arbitration Protocol of the Arbitrators’ and Mediators’ Institute of New Zealand Inc. The arbitration shall be by one arbitrator to be agreed upon by the parties and if they should fail to agree within twenty-one (21) days, then to be appointed by the President of the Arbitrators’ and Mediators’ Institute of New Zealand Inc.

Termination of Services

Boat Coat Limited reserves the right to cease immediately without liability to provide the service and to terminate this agreement if The Client goes into liquidation or bankruptcy, or if The Client fails to meet any obligation in accordance with this agreement.

Boat Coat Limited reserves the right to terminate this contract at any time without notice. In such event no monies would be payable by The Client for work undertaken prior to termination and Boat Coat Limited would not be responsible for any consequences of the termination of the contract.

Applicable Law

This agreement shall be deemed to be an agreement made in New Zealand and shall be subject to, governed by and interpreted in accordance with the laws of New Zealand.