Terms and conditions

Wilax Mobile Wash / Wilax Detailing / Wilax

Terms & Conditions Last update – 20/12/2021

1. SPECIAL NOTICE

1 These Terms and Conditions apply to all Services undertaken and provided by Wilax Detailing, whether gratuitously or not and the Agent accepts instructions to provide Services only on these Terms and Conditions.

2 The Customer acknowledges and agrees that it has received these Terms and Conditions, understands these Terms and Conditions, and agrees to be bound by these Terms and Conditions.

3 These Terms and Conditions may include provisions which change, reduce, or exclude entirely rights which the Customer might otherwise have.

4 These Terms and Conditions may be varied by the Agent from time to time without notice.

2. DEFINITIONS

1 Additional Port Disbursement shall mean any Charges that the Agent pays or is to pay out to a third party on behalf of the Customer about any of its Services whose Charges have not been accounted for in the Estimate Port Disbursement and which sums may arise from time to time in the Provision of Services.

2 Additional Disbursement Account shall mean the Tax Invoice, inclusive of GST, sent by the Agent to the Customer specifying the Additional Port Disbursement.

3 Agency Appointment shall mean the Customer’s appointment of Wilax Mobile Wash / Wilax Detailing as an agent for and on behalf of the Customer.

4 Agent shall mean, Wilax Mobile Wash wilax Detailing of 134 Moana View Rd, Waikawa Bay, Picton., employees, servants, agents, contractors, and sub-contractors.

5 Agreement shall mean any contract or agreement whether verbal or in writing (including but not limited to email and facsimile) for the provision of Services between the Agent and the Customer to which these Terms and Conditions shall apply.

6 Assets shall mean all assets, Goods, Documents, and records of the Customer held by the Agent.

7 Charges shall mean the Agent’s fee and all other charges and expenses (including any commissions if applicable) payable for the Services as set out in any Agreement between the Agent and the Customer or which may be payable by custom of the trade or by reference to a course of dealings between the Agent and the Customer.

8 Customer shall mean the person for whom the Agent is rendering a Service.

9 Documentation shall mean all information received directly or indirectly from the Customer, whether in paper or electronic form.

10 Estimate Port Disbursement shall mean the Agent’s estimate Charges for Services which shall be provided by the Agent to the Customer before the arrival of the vessel into the Port.

11 Estimate Disbursement Account shall mean the Tax Invoice, inclusive of GST, sent by the Agent to the

Customer specifying the Estimate Port Disbursement.

12 Final Port Disbursement shall mean the final Charges for the provision of Services that have been provided by the Agent under the Agreement which shall include a list of all Services provided to the Customer, amounts paid to the Agent by the Customer, and any amounts outstanding and owed to the Agent or the balance of any amounts remaining and payable to the Customer and which shall be provided to the Customer after the provision of Services.

13 Final Disbursement Account shall mean the Tax Invoice, inclusive of GST, sent by the Agent to the Customer specifying the Final Port Disbursement.

14 Goods shall mean any goods, including the packages containing those goods and shipping or other transport containers, which are the subject of the Services the Agent provides to the Customer.

15 Government Authorities shall mean, without limitation, all Government Departments with responsibility for the import and export of goods, the collection of revenue on the import and export of goods, and the transport of those goods to include, without limitation, the Australian Customs Service, Australian Quarantine Inspection Service, and the Australian Taxation Office.

16 GST has the same meaning as under the GST Law and means the Goods and Services Tax imposed under the GST Law.

17 Nominated Bank Account shall mean the Agent’s bank account, specified in writing to the Customer, into which the Customer must deposit all Charges and any other sums of money payable to the Agent.

18 Port shall mean the Port where the Agent is carrying out Services for the Customer.

19 Port Authority shall mean the statutory authority responsible for the traffic and regulations of the Port.

20 Services shall mean the rights, benefits, privileges, or facilities that are to be provided, granted, or conferred under an Agreement for, or about the performance by, the Agent for the Customer and which may include but shall not be limited to:

(a) customs clearance or any documentary function about import/export and the arrival/departure of a vessel;

(b) arrangements relating to Port arrivals and departures, movement, loading/unloading of a vessel;

(d) handling, temporary storage, carriage, and transportation of Goods.

3. CONTRACTUAL CAPACITY

3.1 The Agent shall provide the Services as agents for and on behalf of the Customer in consideration for the Charges.

3.2 The Customer is hereby deemed to have made an Agency Appointment upon the Agent receiving the Customer’s written or verbal request for Services and the Agent providing the Customer with written confirmation that the Agency Appointment has been received and accepted by the Agent.

3.3 Subject to and by these Terms and Conditions, the Agent agrees and the Customer hereby employs and authorizes the Agent as agents for the Customer to contract as agents for the Customer with any contractor or sub-contractor for the performance of all or any part of the Services under or ancillary to these Terms and Conditions.

3.4 All officers, employees, servants, agents, contractors, and subcontractors of the Agent shall have the benefit of any limitations, indemnities, exceptions, and conditions in these Terms and Conditions benefiting the Agent as if such provision was made expressly for such officers, employees, servants, agents, contractors and subcontractors of the Agent.

4. APPLICATION OF THESE TERMS AND CONDITIONS

4.1 By entering into an Agreement with the Agent and by accepting Services from the Agent, the Customer hereby agrees to be bound by these Terms and Conditions to the exclusion of all other representations, statements, conditions, terms, warranties, whether express, implied, statutory or otherwise except any implied by law or statute which cannot by law be excluded.

4.2 These Terms and Conditions shall apply to any Agreement between the Agent and the Customer save in so far as a director of the Agent expressly agrees otherwise in writing. Without prejudice to the generality of the foregoing, the Agent shall not be bound by any standard terms and conditions of the Customer or by any other terms proposed by a Customer which conflict with these Terms and Conditions unless a director of the Agent has expressly agreed to such terms in writing irrespective of

when such standard terms and conditions or other terms are put forward.

4.3 These Terms and Conditions, together with the terms of any Agreement, comprise the entire agreement between the Agent and the Customer concerning the Services. In the event of a conflict, the following descending order of precedence shall apply:

(a) Any specific terms of the Agreement agreed between the Agent and the Customer;

(b) These Terms and Conditions.

4.4 Nothing in these Terms and Conditions shall exclude or limit any liability or any right which either party may have in respect of fraud or respect of pre-contractual statements given fraudulently or dishonestly or in circumstances where there has been wilful concealment.

4.5 Unless written notification to the contrary is given by the Customer to the Agent at or before entering into these Terms and Conditions the Customer expressly warrants and represents that all or any Services to be supplied by the Agent and acquired by the Customer under an Agreement are so supplied and acquired for a business, trade, profession or occupation carried on or engaged in by the Customer.

5. AGENTS’ DUTIES

5.1 The Agent shall:

1. undertake the Services with all reasonable care, diligence, skill, and judgment in the performance of the duties;

2. provide the Services in compliance with any applicable laws, rules, and regulations; and

3. undertake the Services in compliance with ethical maritime standards which shall include but shall not be limited to:

(a) the Agent shall not offer, agree or give any person working for or engaged by another party any gift or other consideration which gift or other consideration may act as an inducement or a reward for any act or omissions to act in connection with the Agreement;

(b) the Agent shall not enter into the Agreement with the Customer or any other party if it has knowledge that any money has or will be paid to any person working for or engaged by the other party unless written details of the arrangement have been disclosed to the other party before entering into the Agreement with the Customer and the other party has given written authorization of such arrangement;

(c) the Agent shall not offer pay or promise to pay directly or indirectly anything of value to a Public Official or Government Authority in connection with the Agreement and the Agent shall notify the Customer in writing if a request is received from Public Official or Government Authority requesting illicit payments; and

(d) the Agent shall not take any other action which shall result in a breach by either party of any applicable anti-corruption legislation.

6. LIABILITY OF THE AGENT

6.1 The Agent and the Customer hereby agree that the limits and exclusions of liability found in this clause are fair and reasonable having regard to the nature of the Services, the Charges paid for such Services by the Customer, and all other circumstances known to the Customer and the Agent relating to the Services at the time of the making of the Agreement.

6.2 Liability for Negligence The Agent shall only be liable for loss and/or damage arising out of and caused by negligent acts, errors, or omissions of the Agent whether or not any claim is brought against the Agent in contract or tort (including but not limited to a claim for negligence) or otherwise.

6.3 Limitation of Liability The Agent’s liability for loss and/or damage through act, error, or omission whether in contract, tort (including negligence), or otherwise howsoever, shall, in any event, be limited to and shall not in any circumstances exceed the amount of NZD 5,000,000.

6.4 Exclusion of liability Notwithstanding and without prejudice to those as mentioned earlier, the Agent shall not, in any event, be liable to the Customer for the following howsoever caused:

(a) special, indirect, or consequential loss (including but not limited to loss of profits);

(b) loss of market, business, contracts, anticipated savings, goodwill revenue, or wasted expenditure;

(d) loss or damage arising out of error, act, omission, misstatement, or misrepresentation by the Customer its officers, employees, servants, contractors, and sub-contractors;

(e) loss or damage arising out of inherent liability to wastage, faulty design, latent or inherent defect or vice or natural deterioration;

(f) loss or damage arising out of insufficient or improper packing or Goods preparation by the Customer its officers, employees, servants, contractors, and sub-contractors;

(g) loss or damage arising out of insufficient or improper marking, labeling, or addressing; (h) not taking delivery;

(h) loss of lien whether general or particular; or

(i) seizure or forfeiture under legal process.

6.5 If a Customer requests the Agent to use the services of a third party about the Agreement (the "Third Party Services"), the Agent will contract with a such third party as an agent for the Customer. The Agent expressly disclaims (to the maximum extent permitted by law) all warranties and representations concerning the Third Party Services express, implied, statutory, or otherwise, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, accuracy or reliability of results from use of the Third Party Services, that the Third Party Services will meet specific requirements, that the Third Party Services will be uninterrupted, completely secure or free of errors, including, without limitation,

software errors. The Customer acknowledges and agrees that the Third Party Services are provided on an "as is" basis without any warranty of any kind and that the entire risk as to the quality and performance of the Third Party Services shall be borne by the Customer unless otherwise agreed in writing with the Customer.

6.6 Nothing in this clause shall be deemed to exclude or restrict either party's liability for death or personal injury resulting from negligence or for fraud.

6.7 In any event, the Agent shall be discharged from all liability whatsoever or howsoever arising out of or in connection with the provision of Services unless proceedings are commenced and served on the Agent within the relevant statutory limitation period applicable under the laws of the State and Commonwealth.

6.8 The provisions of this clause shall remain in force notwithstanding termination of the Agreement.

6.9 Nothing in these Terms and Conditions shall be interpreted as excluding, restricting, or modifying or having the effect of attempting to exclude, restrict or modify the application of any State or Federal legislation applicable to the provision of Services that cannot be excluded, restricted or modified.

7. CUSTOMER WARRANTIES

7.1 The Customer, about the Services provided by the Agent, warrants to the Agent that:

(a) it will provide all Documents, information, and assistance required by the Agent to comply with the requirements of the Government Authorities in an accurate and timely fashion as required by those Government Authorities;

(b) it will retain all documents or records in the manner required by the Government Authorities;

(d) it will notify the Agent of any issue or event that may affect the Agent’s ability to perform the Services;

(e) it will provide the Agent with all the Documents and information required for the Agent to perform the Services in an accurate and timely fashion as required by the Agent;

(f) it will provide the Agent with any necessary sums of money for the payment of any disbursements or any additional costs incurred by the Agent in providing the Services immediately upon demand

(g) it will comply with all Privacy Laws about the Agreement, the Goods, and the Services at all times and will notify the Agent of any issues or requirements under such laws about this Agreement or Services of which the Customer should be aware;

(h) it will comply with all Occupational Health and Safety Laws about the Services at all times, and will notify the Agent of any issues or requirements under such laws about the Services of which the Customer should be aware, or which may affect the Agent’s ability to comply with the Occupational Health and Safety Laws;

(i) it will comply with ethical maritime standards which shall include but shall not be limited to:

(a) the Customer shall not offer, agree or give any person working for or engaged by another party any gift or other consideration which gift or other consideration may act as an inducement or a reward for any act or omissions to act in connection with the Agreement;

(b) the Customer shall not enter into the Agreement with the Agent or any other party if it has knowledge that any money has or will be paid to any person working for or engaged by the other party or that unless written details of the arrangement have been disclosed to the other party before entering into the Agreement with the Agent and the other party has given written authorization of such arrangement;

(c) the Customer shall not offer pay or promise to pay directly or indirectly anything of value to a Public Official or Government Authority in connection with the Agreement and the Customer shall notify the Customer in writing if a request is received from Public Official or Government Authority requesting illicit payments; and (iv) the Customer shall not take any other action which shall result in a breach by either party of any applicable anti-corruption legislation.

7.2 The Customer acknowledges that a breach or failure to observe all or any of the warranties in this clause could lead to penalties or damages to the Customer and also to the Agent and the Customer agrees to provide the indemnity to the Agent on account of such penalties or damages under clause 10.

8. INSURANCES

8.1 The Agent’s liability in respect of the Services to the Customer shall be covered by a liability insurance policy taken out by the Agent with such insurers and on such terms and in such amount as may be reasonably regarded as customary in the indemnity by a provider of such Services.

8.2 The Agent shall not provide or take out insurance in respect of the Goods which is the sole responsibility of the Customer.

9. TERMS OF PAYMENT

9.1 Unless otherwise agreed in writing between the Agent and the Customer, the Customer shall be obliged to pay all agreed sums due and payable for the Services at the place and time and in the manner specified in the Agreement, and if none such is specified then:

(a) The Customer shall be required to pay the Agent the full amount specified, in the Nominated Bank Account, immediately upon demand by the Agent. The Agent shall not provide the Services to the Customer unless any sums due are paid by the Customer to the Agent;

9.2 The Customer shall always remain fully responsible for payment of any monies due and payable to the Agent, notwithstanding terms of the Agreement in which the Agent agrees to collect or make payment of charges, duty, costs, or other monies whatsoever from or to a person other than the Customer.

9.3 In any dispute involving any monies owed to the Agent, the Agent shall be entitled to all costs of collection, on the amount outstanding calculated from the due date until payment is made in full.

9.4 The Agent may take any legal proceedings to recover any amounts owing under these Terms and Conditions.

10. CONFIDENTIALITY

10.1 The Agent and the Customer agree to keep confidential and not to disclose, directly or indirectly, any information regarding the other party’s business, including without limitation, information concerning operations, procedures, methods, accounting, technical data, or existing or potential customers, or any other information which the other party has designated as confidential, without the prior written consent of the other party to the third party except:

(a) if the information was public knowledge at the of the disclosure;

(b) if the information becomes public knowledge other than by breach of this clause hereto;

(d) if the disclosure is required under any laws or regulations to which the disclosing party is subject to.

10.2 Notwithstanding clause
10.1 above the Agent and the Customer shall be entitled to disclose to confidential information to any officer, employee, servant, agent or contractor, or sub-contractor of that party who requires knowledge of the same information. The Agent may further disclose the confidential information to potential assignees or transferees.

In the event that the serviced boat is jointly owned by multiple individuals, it is expressly understood that the Company requires the assent of only one of the co-owners to accept these Terms on behalf of all owners. The co-owner providing such assent represents and warrants that they possess the necessary authority and consent from the other co-owners to bind them to these Terms. The Company shall be entitled to rely upon the affirmation of a single co-owner without further inquiry.

Your use of our boat cleaning services is contingent upon adherence to these Terms, as well as any applicable laws and regulations. These Terms outline the rights, obligations, and responsibilities of both the Company and the Client. If you do not agree to these Terms, please refrain from using our services. We reserve the right to modify or update these Terms at any time, and it is your responsibility to review them periodically for any changes.

By engaging our boat cleaning services, you affirm that you have read, understood, and accepted these Terms of Service in their entirety. These Terms constitute the entire agreement between the Parties concerning the subject matter herein and supersede all prior or contemporaneous communications, agreements, and understandings, whether written or oral.