1. The Owner / Agent acknowledges that the Vessel is hauled and placed on the hard-stand, or slipped and placed on the slipway or in the inside shed, at the Owner / Agent’s risk and direction.
2. Where this Agreement is signed by an agent, the Agent warrants that he / she has the full authority of the Owner to enter into this Agreement.
3. Orams Marine Services Ltd (‘Orams’) relies on the Owner’s / Agent’s expertise and knowledge of their vessel as to where supports and / or travel lift slings should be placed so as not to damage the Vessel. Where the Owner / Agent does not provide an adequate docking-plan accurately detailing such information, Orams will not be responsible for any damage to the vessel, however caused.
4. The Vessel remains at the Owner’s sole risk for the entire duration of the time that the Vessel is in the travel lift, on the hard-stand, being slipped, on the slipway, or in the inside shed (collectively referred to as Orams facilities).
5. The Owner / Agent indemnifies Orams against any damage beyond normal wear and tear caused to the travel lift, hard-stand, slipway, or other facilities by the Owner / Agent or the Owner / Agent’s invitees. The Owner / Agent further indemnifies Orams against damage caused by the Owner/Agent or the Owner’s / Agent’s invitees to other vessels using the Orams facilities. The owner must at all times maintain a third party liability insurance policy for the Vessel and provide a copy to Orams on request.
6. Orams endeavours to provide a safe facility and working environment. Orams will provide safety advice to the Owner / Agent on best practice for any specific task should the Owner/Agent ask. However the Owner / Agent uses Orams’ facilities at their own risk. Orams is not responsible for any injury to the Owner / Agent or the Owner’s / Agent’s invitees while using Orams’ facilities, regardless of whether the Owner / Agent has sought Orams’ advice or not. Should Orams request the Owner / Agent to change the manner in which they are conducting any work, the Owner / Agent shall comply with Orams’ request. Should the Owner / Agent fail to comply, Orams may require the Owner / Agent to cease work on the Vessel entirely. Orams may, in its sole discretion, require the Owner / Agent to pay all outstanding accounts to that date and return the Vessel to the water.
7. Full terms and conditions and Operating Procedures for use of the hard-stand and slipway are available at Oramsmarine.co.nz. The Owner / Agent acknowledges having read the Operating Procedures and agrees to abide by them at all times. Failure to abide by those terms and conditions at all times may result in the Owner / Agent being denied the right to use the Orams facilities in the future.
8. Any chattels stored on or associated with the Vessel while it is within Orams’ facilities are stored at the Owner’s / Agent’s risk.
9. Haulout and hard-stand / slipway fees are available from Orams on request, and will vary according to size and type of vessel and facilities being used. Orams will, if requested, provide a full quotation (which shall be exclusive of GST) to the Owner / Agent prior to haulout / slipping of the Vessel. Where overtime is incurred in slipping, blocking and launching of a vessel, the extra cost of such overtime will be charged to the customer in addition to the quoted fee. Fees are subject to change from time to time at the sole discretion of Orams. Permitting Orams to haul or slip the Vessel will be taken as acceptance of Orams’ fees and charges by the Owner / Agent.
10. Orams will, at the request of the Owner / Agent, provide labour to undertake a maintenance programme as detailed by the Owner / Agent. Quotes are available from Orams on request. The use of outside labour shall incur a surcharge on the total invoice to the Owner / Agent of 15%.
11. Orams operates a “no cash, no splash” policy. The Vessel will not be returned to the water until all accounts have been paid in full. In the event that any account remains unpaid for a period of 30 days after it falls due, Orams may take any steps it deems necessary (including but not limited to, sale of the Vessel) to recover: (i) the unpaid portion of the account; (ii) interest thereon at 2% per month; and (iii) costs associated with collection.