• "Agreement" means this document.
• "Customer" means the person, firm, association, or company who requests Salty Brothers Industries to perform marine mechanical repairs, electrical repairs, modifications, and installations.
• "Instruction" means the customer’s written instruction to board the vessel and proceed with work.
• "SBI" means Salty Brothers Industries and its employees or subcontractors.
• "Mercantile Agency" means a debt collection agency.
• "Parts" means cables, wires, parts, and equipment installed on the Customer's vessel.
• "Privacy Act" means the Privacy Act 1988, the principal piece of Australian legislation protecting the handling of personal information about individuals.
• "Vessel" means the recreational and commercial boat or watercraft described on any estimation, invoice, or other document issued by Salty Brothers Industries to the Customer, including the marine engine, propulsion system, electrical controls, equipment, and accessories fitted to the Vessel.
• "Scope of Works (SoW)" means all works carried out by Salty Brothers Industries at the request of the Customer or their agent, including, without limitation:
  • All repairs, breakdowns, maintenance, or improvements.
  • Supply of all machinery, parts, materials, equipment, and labor.
• "Works" means the work to be performed on the Customer's boat.

The Customer warrants that they are the owner of the Vessel or the Vessel owner’s agent and that they have the authority to request that Salty Brothers Industries perform the Works according to the Scope. The Customer shall provide written Instruction to proceed with the estimated Work. The Customer acknowledges that estimates for Works are valid for the period stated on the estimate.

The Customer warrants that the vessel, premises, or other facility owned by them and upon which services are being provided are comprehensively insured and registered as required by legislation. If requested, the Customer will provide Salty Brothers Industries with a Certificate of Currency for the vessel or other insurance and/or vessel registration.

Customer acceptance of the SoW is provided by the Customer contracting SBI to repair the Vessel and by completing a Customer Form when required. If requested, SBI can provide an estimate. If an estimate is requested, it must be approved by the Customer. If no estimate is requested, the Customer agrees to all charges and costs incurred while the SoW is carried out on the Vessel. At Salty Brothers Industries' discretion, Salty Brothers Industries may request up to a 50% deposit of the total cost before Works can commence. These Terms & Conditions shall apply to any additional works and costs not included in this Estimate and as instructed and agreed to be performed. A supplementary Estimate may be provided.

We have designated rates to carry out the SoW. We can advise you of these costs via an estimate if required. Should you not request an estimate for the works, you are in agreement with the invoice charges. A minimum charge of one hour applies to all work. Travel charges may apply, but this is at the discretion of Salty Brothers Industries' management. Salty Brothers Industries can and will charge upwards of $250 per callout from the Mackay region if work is to be carried out as an ‘emergency’, public holiday, or weekend.

To the fullest extent permitted by law, Salty Brothers Industries excludes all warranties, terms, conditions, or undertakings of any nature and in any form (whether express or implied, written, oral, statutory, or otherwise) in relation to the Services, any products or services it may supply to the Customer, and in relation to the Agreement. Salty Brothers Industries will not be liable to the Customer in contract, tort (including without limitation, negligence), or otherwise out of or in connection with the Agreement for:
(i) any loss of revenues, loss of profits, loss of business or anticipated savings, loss of goodwill and/or reputation or loss arising out of business interruption (whether such losses are direct or indirect),
(ii) any indirect or consequential loss or damage,
(iii) any injury whatsoever to the Customer or its Representatives, nor any loss or damage to or theft of the Customer or its Representative’s property howsoever such injury, loss, or damage may be caused (including without limitation in negligence), or
(iv) any damage, loss, delay, or expense incurred or suffered by the Customer caused or contributed to by any event or circumstance beyond Salty Brothers Industries' control. Salty Brothers Industries' maximum liability to the Customer under or in connection with the Agreement is limited to the amount actually paid by the Customer to Salty Brothers Industries for the Services under the Agreement. The Customer must indemnify and keep indemnified Salty Brothers Industries from and against all losses, actions, claims, procedures, damages, costs, and expenses of any kind arising out of or in connection with a breach of this Agreement by the Customer or its Representatives, and for the Customer or its Representatives' acts or omissions (including negligence).

Salty Brothers Industries' Bank Details are:
Commonwealth Bank
BSB - 064724
Account number - 10610616

All accounts, unless otherwise agreed in writing, shall be paid upon receipt of goods, prior to final completion of works or at completion of the Works related to the SoW or services rendered by Salty Brothers Industries for the Customer. If the SoW requires more than seven days, Salty Brothers Industries reserves the right to issue a weekly invoice for Works completed and to cease work until the account is paid, with any costs incurred as a result, such as additional hardstand, charged to the Customer. Postponement of Payment – Salty Brothers Industries may agree in writing to the postponement of payment of any monies owing to Salty Brothers Industries by the Customer, at which time interest shall be payable by the Customer on the highest debt balance of each calendar month on monies owed by the Customer to Salty Brothers Industries, calculated daily from the date monies are due at a rate of 14% per annum. All risks in any goods ordered by Salty Brothers Industries for the Customer shall be deemed passed to the Customer from the time the goods are loaded or delivered to Salty Brothers Industries by a courier or carrier consigned to Salty Brothers Industries. The customer acknowledges that the goods supplied by Salty Brothers Industries shall remain the property of Salty Brothers Industries until full payment for the Parts and Works is received. Salty Brothers Industries reserves the right to place a caveat or encumbrance on a vessel for non-payment. The Customer agrees that disputes and/or claims do not constitute grounds for non-payment of invoices for quoted and additional Works. The Customer agrees that Salty Brothers Industries may attend upon the vessel or premises without the Customer and retrieve any equipment or parts supplied that have not been paid for as agreed under these Terms & Conditions.

Salty Brothers Industries may terminate the Agreement immediately by notice in writing to the Customer if the Customer or its Representative breaches the Agreement. The Terms and Conditions of this Agreement will remain in force following the termination of the Agreement and will not affect the rights or obligations of the parties that have accrued up to the date of termination.

Salty Brothers Industries reserves the right to use the services of a Mercantile Agency. The Customer agrees that the law of the Queensland Factors Act 1892 shall apply to this Agreement and their dealings with Salty Brothers Industries. The Customer hereby charges all land/vessels owned by the Customer or acquired in the future to secure payments of all monies that are or may be owed under this Agreement and consents to an absolute caveat or encumbrance being registered by Salty Brothers Industries at any time in respect of such land/vessel to protect its charge. Any legal costs or other expenses whatsoever, including Mercantile Agency fees incurred by Salty Brothers Industries in respect to recovering the debt for the work done, shall be paid by the Customer.

Salty Brothers Industries warrants its workmanship for a period of 3 months. Manufacturers’ parts warranty applies to all installed parts. Salty Brothers Industries will not in any circumstances be liable for any claim or loss, damage, or injury, including any economic or consequential loss arising out of or in any way connected with the performance of the SoW, whether involving negligence of Salty Brothers Industries or otherwise, unless such claim is made in writing within three (3) months of the earliest of the following occurring, at which time the Terms and Conditions of the Agreement shall apply:

• Works being completed; or
• The Vessel leaves the care or control of Salty Brothers Industries.

You agree that Salty Brothers Industries may review these terms and conditions at any time.

For and on behalf of Salty Brothers Industries