McConaghy Marine Pty Ltd Terms & Conditions of Trade

1. Introduction

1.1 These Terms & Conditions apply to all services, goods, parts, materials, works, projects, subscriptions, inspections, advice, estimates, quotes, invoices and related activities supplied by McConaghy Marine.

1.2 These Terms apply to vessel care and maintenance, exterior maintenance, interior maintenance, mechanical work, safety-related work, shipwright services, rigging services, boat building, electrical services, sail-related work, survey preparation and rectification, project management, facilitation and any other marine services supplied or arranged by McConaghy Marine.

1.3 These Terms are incorporated into each quote, estimate, work order, invoice, online booking, recurring service plan, project proposal and customer instruction unless McConaghy Marine agrees otherwise in writing.

1.4 The Customer accepts these Terms when, after being given notice of these Terms or a reasonable opportunity to review them, the Customer:

(a) accepts a quote, estimate, proposal, work order or service plan;

(b) pays a deposit or invoice;

(d) provides or authorises access to the Vessel;

(e) books or receives Services;

(f) books or continues with a recurring service plan; or

(h) otherwise permits McConaghy Marine to commence or continue work.

1.5 McConaghy Marine may give notice of these Terms by including a link or reference to them in a quote, proposal, invoice, email, booking form, website form, payment page, service plan, work order or other communication

1.6 For Emergency Work, the Customer agrees that it may not always be practical for McConaghy Marine to obtain formal written acceptance before taking urgent action. In those circumstances, the Customer will be bound by these Terms to the extent they have previously been provided, incorporated into earlier dealings, notified to the Customer, or are otherwise reasonably applicable to the urgent work requested or authorised

1.7 Nothing in these Terms excludes, restricts or modifies any right, guarantee, remedy or protection that cannot lawfully be excluded, restricted or modified, including under the Australian Consumer Law.

2. Definitions and interpretation

2.1 In these Terms:

Authorised Representative means any person the Customer authorises, expressly or by conduct, to provide instructions, approve work, receive communications, provide access, sign off completion or otherwise act in relation to the Vessel or Services.
Customer, you or your means the person or entity requesting, authorising, receiving or paying for the Services, including any owner, manager, captain, broker, insurer, agent or other authorised person.
Customer-Supplied Item means any part, material, equipment, component, appliance, fitting, system, consumable, document, design, instruction or specification supplied by or on behalf of the Customer.
Emergency Work means work that McConaghy Marine reasonably considers necessary or urgent to protect a Vessel, person, property, environment, equipment, marina, yard or third-party asset, or to respond to an urgent Customer request.
Estimate means an indicative assessment of likely cost, time or scope, which is not a fixed price unless expressly stated in writing.
Latent Condition means any hidden, concealed, unknown, unexpected or not reasonably apparent issue, defect, condition, limitation, risk or circumstance affecting the Vessel, the Site or the Services.
McConaghy Marine, we, us or our means the McConaghy Marine entity identified in the relevant quote, invoice, proposal or communication.
Practical Completion means the stage when McConaghy Marine considers the relevant Services have been substantially completed, even if minor items, reporting, inspection, handover, defect review or recommended future works remain outstanding.
Quote means a written offer or proposal for Services, goods, parts or materials. A Quote may be fixed, estimated, provisional, conditional, staged or subject to assumptions, as stated in the Quote.
Services means all work, services and related activities supplied or arranged by McConaghy Marine, including vessel care, maintenance, repairs, upgrades, project works, management, facilitation, inspections, reports, procurement and advice.
Site means the location where Services are to be supplied, including a marina berth, swing mooring, hardstand, slipway, boatyard, private berth, workshop, storage area or other location.
Terms means these Terms & Conditions of Trade, as updated from time to time.
Third Party means any supplier, subcontractor, marina, yard, surveyor, engineer, insurer, manufacturer, sailmaker, rigger, electrician, mechanic, consultant, authority or other external person or entity involved in or affecting the Services.
Vessel means the vessel, boat, yacht, tender, equipment, systems, parts, accessories and related property in respect of which the Services are supplied.
Variation means any change, addition, deletion, substitution, acceleration, delay, extra work, changed assumption, changed Site condition, changed Vessel condition or other matter that affects the agreed scope, price, timing, method or risk of the Services.

2.2 Headings are for convenience only and do not affect interpretation.

2.3 Examples in these Terms are illustrative and do not limit the meaning of the relevant clause.

2.4 If there is inconsistency between documents, the following order applies unless McConaghy Marine agrees otherwise in writing:

(a) any signed project agreement or special conditions;

(b) the accepted Quote or proposal;

(d) these Terms;

(e) any other communication or document.

3. Customer authority and vessel control

3.1 The Customer warrants that they are the owner of the Vessel or are properly authorised by the owner to request, approve and pay for the Services.

3.2 The Customer must tell McConaghy Marine before work begins if:

(a) the Vessel is owned by more than one person;

(b) the Vessel is syndicate-owned;

(d) there are limits on the Customer’s authority;

(e) any consent, approval or authority is required from another person; or

(f) there is any dispute about ownership, control, access, payment or authority.

3.3 If the person or entity receiving the invoice is different from the legal owner of the Vessel, the Customer must disclose this before the Quote is accepted and must clearly identify:

(a) the legal owner of the Vessel;

(b) the person or entity responsible for payment; and

3.4 McConaghy Marine may rely on instructions, approvals and representations from any person who appears to have authority in relation to the Vessel, including an owner, manager, captain, broker, agent, insurer or Authorised Representative.

3.5 The Customer must ensure that McConaghy Marine is promptly notified of any change in ownership, management, representative, contact details, access arrangements, insurance status or authority.

3.6 If McConaghy Marine receives conflicting instructions, or if ownership, authority, access, payment responsibility or decision-making authority is unclear, McConaghy Marine may pause, postpone or refuse to commence or continue the Services until it receives clear and consistent instructions from a person McConaghy Marine reasonably believes has authority to give them.

3.7 The Customer remains responsible for payment for all Services authorised by the Customer or any Authorised Representative.

3.8 The Customer warrants that all ownership, authority, payment and Vessel information supplied to McConaghy Marine is accurate, complete and not misleading.

4. Quotes, estimates, scope and acceptance

4.1 A Quote only includes the Services, goods, parts, materials and assumptions expressly stated in the Quote.

4.2 Anything not expressly included in the Quote is excluded.

4.3 Unless a Quote expressly states that it is a fixed price, any price, budget, timeframe or scope indication is an Estimate only.

4.4 Estimates are indicative and may change once work begins, the Vessel is accessed, parts are removed, systems are tested, hidden areas are inspected, Third Parties provide information or Latent Conditions become apparent.

4.5 Quotes and Estimates may rely on information provided by the Customer, Authorised Representatives, Third Parties, visible Vessel condition, photographs, prior records, assumptions, Site access, supplier information, marina or yard availability and other practical matters.

4.6 The Customer is responsible for ensuring that all information supplied to McConaghy Marine is accurate, complete and not misleading.

4.7 McConaghy Marine may correct any obvious error, omission, misdescription, calculation error or mistaken assumption in a Quote, Estimate, invoice or communication.

4.8 If an error is caused by inaccurate, incomplete or misleading information from the Customer or a Third Party, McConaghy Marine may treat the correction or resulting work as a Variation.

4.9 The Customer must promptly notify McConaghy Marine if the Customer believes a Quote, Estimate, scope, timeframe, budget, assumption or communication has been misunderstood.

4.10 A Quote is valid only for the period stated in the Quote. If no period is stated, the Quote is valid for 14 days from the date of issue.

4.11 McConaghy Marine may withdraw or revise a Quote before acceptance if there is a change in supplier pricing, currency, freight, parts availability, labour availability, Site conditions, Vessel condition, assumptions or other relevant circumstances.

4.12 A job is not confirmed, and McConaghy Marine is not required to schedule work, reserve labour, order parts, engage Third Parties, commence planning or start work, until McConaghy Marine has received the acceptance, deposit, prepayment, signed approval or other confirmation required by the relevant Quote, proposal, work order or service plan.

4.13 Unless McConaghy Marine agrees otherwise in writing, acceptance of a Quote requires both acceptance of the stated scope and acceptance of these Terms. Where a deposit or prepayment is required, the job is not confirmed until that payment has cleared.

4.14 The Customer acknowledges that marine work may involve uncertainty, and that actual cost, time and scope may be affected by weather, access, parts, Third Parties, Latent Conditions, safety issues, surveyor or engineer input, insurer requirements, customer decisions and Vessel condition.

5. Planning, scheduling, timeframes and delays

5.1 Any timeframe given by McConaghy Marine is an estimate only unless expressly stated in writing to be a guaranteed deadline.

5.2 Timeframes may be affected by:

(a) accuracy and completeness of Customer information;

(b) Vessel access and readiness;

(d) marina, yard, slipway, crane, lift or hardstand availability;

(e) parts, materials, freight and supplier delays;

(f) subcontractor and Third-Party availability;

(g) surveyor, engineer, insurer or authority input;

(h) Latent Conditions;

(i) safety, environmental or regulatory requirements;

(j) customer approvals, decisions or delays;

(k) additional work or Variations;

(l) labour availability; and

(m) events outside McConaghy Marine’s reasonable control.

5.3 The Customer must notify McConaghy Marine before accepting a Quote if the Services are connected to a strict deadline, including a race, survey, launch, sale, event, delivery, insurance deadline, warranty deadline, offshore passage, commercial operation or regulatory requirement.

5.4 McConaghy Marine is not responsible for loss, delay or consequences arising from a missed deadline unless McConaghy Marine has expressly agreed in writing to be responsible for that deadline.

5.5 McConaghy Marine may reschedule Services where it considers it necessary or appropriate due to safety, weather, access, parts, Third Parties, Site conditions, labour availability, customer delay or other practical circumstances.

5.6 The Customer, or an Authorised Representative with authority to make decisions, must be reasonably available during scheduled work periods to respond to questions, approve Variations, provide access, resolve issues and give instructions required to keep the Services progressing.

5.7 If the Customer or an Authorised Representative is unavailable, slow to respond, unable to approve required matters or cannot be contacted, McConaghy Marine may pause, postpone, reschedule or continue only with the parts of the Services that can reasonably proceed without further approval.

5.8 Delays, additional attendances, remobilisation, waiting time, storage, Site costs, labour inefficiencies, subcontractor costs and other costs caused by Customer unavailability or delayed responses may be charged as a Variation.

5.9 If the Customer expects to be unavailable during the scheduled work period, the Customer should nominate an Authorised Representative with sufficient authority to approve access, scope, Variations, costs, timing, Vessel movement and completion matters.

6. Vessel access, readiness and site conditions

6.1 The Customer must ensure the Vessel is accessible, safe and ready for the Services at the scheduled time.

6.2 The Customer must provide or arrange all access reasonably required by McConaghy Marine, including keys, fobs, access codes, marina approvals, yard approvals, parking access, security access, berth access, work area access, access to cabins, lockers, lazarettes, bilges, engine spaces, electrical panels and any other relevant area.

6.3 The Customer must ensure that the Vessel is in the condition promised or reasonably required for the Services, including by removing covers, clears, obstructions, personal items, clutter, stored goods or other things that may prevent or delay the Services.

6.4 If agreed or required for the Services, the Customer must ensure suitable power, water, fuel, batteries, shore power, access equipment and other supplies are available and safe to use.

6.5 McConaghy Marine may refuse to board, access, move, operate or work on a Vessel if it considers the Vessel, Site, access method, berth, mooring, weather, sea state, equipment, electrical supply or other condition unsafe or unsuitable.

6.6 If McConaghy Marine cannot perform the Services because the Vessel is not accessible, safe, ready or in the condition represented, McConaghy Marine may charge the Customer for attendance, travel, waiting time, rescheduling, subcontractor costs, Site costs and any other reasonable costs incurred.

6.7 The Customer is responsible for ensuring that marina, yard, slipway, mooring, berth and Site rules allow the Services to be performed.

6.8 If the Vessel must be moved, hauled out, lifted, shifted, relaunched or relocated before the Services can proceed, the Customer is responsible for arranging and paying for this unless McConaghy Marine expressly agrees otherwise.

7. Emergency and urgent work

7.1 The Customer may request Emergency Work by phone, SMS, email, online message or other practical communication method.

7.2 McConaghy Marine may rely on urgent instructions from the Customer or an Authorised Representative.

7.3 Where McConaghy Marine reasonably considers Emergency Work necessary to protect a Vessel, person, property, environment, equipment, marina, yard or Third-Party asset, McConaghy Marine may take reasonable action and charge the Customer for the work and related costs.

7.4 Emergency Work may include temporary repairs, safety measures, securing equipment, moving the Vessel, arranging Third Parties, responding to spills, addressing water ingress, preventing further damage or taking other reasonable protective action.

7.5 Emergency Work may be charged at after-hours, urgent, call-out or premium rates.

7.6 McConaghy Marine does not guarantee availability for Emergency Work.

7.7 Emergency Work may be limited to stabilising the situation, mitigating immediate risk, preventing further damage, securing the Vessel, making the Vessel temporarily safe, or enabling the Vessel or Site to be dealt with further. Emergency Work does not necessarily include permanent repair, full diagnosis, cosmetic restoration, regulatory compliance, survey approval or resolution of the underlying cause unless expressly agreed

8. Parts, materials, procurement and customer-supplied items

8.1 McConaghy Marine may supply, order, procure, fabricate, install or arrange parts, materials, equipment and consumables required for the Services.

8.2 Parts and materials may be subject to supplier availability, freight, lead times, minimum orders, currency changes, price changes, manufacturer specifications, substitution, backorders, delays and Third-Party terms.

8.3 Special-order, imported, custom, cut, fabricated, modified or non-standard parts may require prepayment and may not be cancellable or returnable, except where required by law.

8.4 If the Customer cancels or changes the Services after parts or materials have been quoted, sourced, ordered, procured, fabricated, modified or allocated, the Customer must pay all reasonable costs incurred by McConaghy Marine, including purchase costs, freight, supplier charges, return costs, restocking fees, administration, planning, procurement time, supplier management time, labour time, subcontractor costs and any other committed or unrecoverable costs.

8.5 McConaghy Marine may use suitable substitute parts or materials where the originally contemplated parts or materials are unavailable, delayed or unsuitable, provided the substitution is reasonable in the circumstances or approved by the Customer where the substitution materially affects performance, appearance, warranty or price.

8.6 Manufacturer, supplier or Third-Party warranties may apply to parts, materials or equipment. McConaghy Marine may assist with warranty claims but is not responsible for manufacturer or supplier decisions unless required by law.

8.7 Customer-Supplied Items are supplied at the Customer’s risk.

8.8 McConaghy Marine may refuse to install, use or rely on any Customer-Supplied Item it considers unsuitable, unsafe, incompatible, defective, incomplete, non-compliant, undocumented or inappropriate.

8.9 McConaghy Marine is not responsible for defects, delays, damage, performance issues, compatibility issues or warranty issues caused by Customer-Supplied Items, except to the extent caused by McConaghy Marine’s negligence or breach of law.

8.10 Additional labour, diagnosis, modification or rework required because of a Customer-Supplied Item may be charged as a Variation.

9. Variations, latent conditions and changes to scope

9.1 The Customer acknowledges that marine work often reveals issues that are not visible or reasonably knowable before work begins.

9.2 Latent Conditions may include corrosion, rot, delamination, water ingress, wet core, seized fasteners, cracked fittings, hidden structural issues, unsafe wiring, fuel contamination, non-compliant prior work, unsuitable prior repairs, obsolete parts, incompatible systems, hidden damage and other concealed or unexpected issues.

9.3 If McConaghy Marine identifies a Latent Condition or other matter affecting scope, cost, timing, method, safety or feasibility, McConaghy Marine may treat the matter as a Variation.

9.4 Variations may arise where:

(a) the Customer requests extra work;

(b) the Customer changes work requested from repair to replacement;

(d) the Vessel condition differs from what was represented or assumed;

(e) Third-Party input changes the required work;

(f) surveyor, engineer, insurer, marina, yard or authority requirements change;

(g) work cannot safely continue without additional work;

(h) parts, materials or suppliers change;

(i) a Customer-Supplied Item is unsuitable; or

(j) assumptions in the Quote or Estimate are no longer correct.

(k) weather, sea state, tide, swell, berth movement or environmental conditions affect the safe, practical or efficient performance of the Services;

(i) an incident, accident, spill, damage event, access issue, Site issue, safety issue or environmental issue occurs before or during the Services;

(m) additional work, delay or cost arises from marina, yard, slipway, hardstand, lift, crane, berth, mooring or Site requirements; or

(n) any other circumstance arises that changes the cost, timing, risk, method, scope or feasibility of the Services.

9.5 McConaghy Marine will use reasonable efforts to obtain Customer approval before performing material Variations, except where urgent action is reasonably required for safety, preservation, damage prevention, environmental protection or practical continuity.

9.6 Variation approval may be given by email, SMS, phone, online portal, signed document, payment, conduct or other communication.

9.7 If the Customer delays or does not respond to a request for approval, McConaghy Marine may pause, postpone, suspend or reschedule the Services and charge reasonable costs arising from the delay.

9.8 If the Customer declines recommended work or reduces scope against advice, McConaghy Marine is not responsible for consequences arising from the declined or reduced work.

10. Vessel use, operation, movement, haul-out and sea trials

10.1 The Customer authorises McConaghy Marine, its personnel and authorised Third Parties to board, access, inspect, operate, test, move and handle the Vessel and its systems as reasonably required for the Services.

10.2 This may include moving the Vessel within a berth, marina, mooring field, yard or waterway; moving the Vessel to another berth, marina, mooring, yard, hardstand, slipway or haul-out location; arranging haul-out, lift, launch or relaunch; operating engines, generators, pumps, batteries, winches, sails, rigging, electronics, steering, thrusters, plumbing, electrical systems and other equipment; and conducting tests, sea trials or test sails.

10.3 McConaghy Marine may refuse to move, operate, test, trial, haul out or relaunch a Vessel if it considers doing so unsafe, impractical, uninsured, insufficiently crewed, inadequately prepared, unseaworthy or unsuitable due to weather, sea state, Site rules, Vessel condition or other circumstances.

10.4 The Customer must maintain appropriate insurance for the Vessel, including insurance that covers work, repairs, movement, sea trials, haul-out, hardstand, marina, yard and any other relevant circumstances.

10.5 The Customer must disclose any insurance restriction, operational limitation, known defect or circumstance that may affect Vessel movement, operation, testing, haul-out, launch or sea trial.

10.6 McConaghy Marine is not responsible for damage, delay or loss arising from authorised Vessel movement or operation except to the extent caused by McConaghy Marine’s negligence, breach of contract or breach of applicable law.

10.7 In an emergency, McConaghy Marine may move, secure, operate or take reasonable steps in relation to the Vessel to protect people, property, the environment or the Vessel.

11. Third parties, subcontractors, surveyors, engineers and insurers

11.1 McConaghy Marine may use or arrange Third Parties to supply goods, parts, materials, services, advice, reports, inspections, transport, lift, haul-out, yard work, survey, engineering, specialist labour or other assistance.

11.2 Third Parties may include subcontractors, suppliers, marinas, yards, slipways, surveyors, engineers, insurers, manufacturers, sailmakers, riggers, electricians, mechanics, transport providers, authorities and consultants.

11.3 McConaghy Marine is not responsible for Third-Party delays, defects, price changes, availability issues, decisions, approvals, reports, warranty outcomes or refusals, except to the extent required by law or expressly agreed in writing.

11.4 Where McConaghy Marine is engaged as a project manager, facilitator, coordinator or agent in relation to Third-Party work, McConaghy Marine is responsible only for the project management, facilitation, coordination or agency services it expressly agrees to provide, and not for guaranteeing the Third Party’s work unless expressly stated.

11.5 Surveyors, engineers, insurers, manufacturers and authorities may require additional work, documentation, testing or rectification. Any such additional requirements are Variations unless already included in the accepted scope.

11.6 For insurance jobs, the Customer remains responsible for payment unless McConaghy Marine expressly agrees in writing to accept payment only from the insurer.

11.7 Insurer approval, manufacturer approval, surveyor approval or Third-Party approval is not guaranteed.

12. Subscription and recurring service plans

12.1 If the Customer participates in a recurring service plan, the inclusions, exclusions, frequency, fees, term, payment method and cancellation rules will be stated in the relevant plan, Quote, proposal or service schedule.

12.2 Recurring service plans may include vessel care, inspection, cleaning, maintenance, reporting or other agreed services.

12.3 Unless expressly stated, unused visits, hours or services do not roll over.

12.4 Missed visits caused by Vessel inaccessibility, Customer postponement, lack of keys, lack of Site approval, unsafe conditions, weather, marina restrictions or Vessel relocation may be forfeited or rescheduled at McConaghy Marine’s discretion.

12.5 Extra work outside the plan inclusions may be charged separately.

12.6 Consumables, parts, materials, subcontractors, specialist work, haul-out, marina fees, yard fees and urgent work are excluded unless expressly included.

12.7 Recurring plans may have a minimum term, automatic renewal, price increase mechanism, cancellation notice period and suspension rights as stated in the plan or Quote.

12.8 Failed recurring payments may result in suspension or cancellation of the plan and recovery of unpaid amounts.

12.9 The Customer must notify McConaghy Marine if the Vessel is sold, relocated, unavailable for an extended period, materially changed, damaged, placed under new management or otherwise affected in a way that may impact the plan.

12.10 Recurring services do not guarantee seaworthiness, regulatory compliance, survey compliance, sale readiness, race readiness, offshore readiness, absence of defects or maintenance of any particular cosmetic condition.

13. Special customer situations and special-purpose jobs

13.1 The Customer must notify McConaghy Marine before work is accepted if the Services relate to any special purpose or circumstance, including:

(a) commercial vessel operation;

(b) recreational use;

(d) vessel management;

(e) broker-controlled work;

(f) captain-controlled work;

(g) insurance work;

(h) warranty work;

(i) pre-sale preparation;

(j) emergency repair;

(k) race preparation;

(l) offshore passage preparation;

(m) vessel delivery preparation;

(n) survey preparation;

(o) customer absence, interstate location or overseas location; or

(p) a strict deadline, including a race, sale, launch, survey, event or delivery.

13.2 McConaghy Marine is not responsible for achieving a special purpose, deadline, compliance outcome, sale outcome, race outcome, survey outcome, insurance outcome or warranty outcome unless expressly agreed in writing.

13.3 Advice, recommendations, inspections or maintenance supplied in connection with a special-purpose job are not a formal certification of seaworthiness, compliance, survey status or fitness for a particular use unless expressly stated.

14. Safety, environment and refusal of unsafe work

14.1 McConaghy Marine may refuse, pause, suspend, modify or stop work if it considers there is a safety, environmental, regulatory, access, Site or practical risk.

14.2 Safety or environmental risks may include hazardous materials, fuel, oil or chemical spills, battery acid, lithium battery risks, gas leaks, sewage, blackwater, mould, biohazards, confined-space issues, unsafe electrical systems, fire risk, hot works, grinding, cutting, drilling, dust, fumes, waste, antifoul-adjacent contamination, bilge water, solvents, weather, sea state, working at height, mast work, elevated platform work, inadequate PPE, unsafe customer instructions or other hazards.

14.3 The Customer must disclose known hazards, risks, defects, unsafe systems, hazardous substances, contamination, spills, leaks, access issues and any relevant Site or Vessel conditions.

14.4 The Customer must comply with all reasonable safety, access, environmental and Site requirements.

14.5 McConaghy Marine may report safety, environmental or pollution incidents to the Customer, Site operator, insurer, authority or other relevant person where it considers this appropriate or legally required.

14.6 Additional costs caused by safety, environmental, regulatory or Site requirements may be charged as a Variation.

14.7 McConaghy Marine is not required to follow unsafe, unlawful, impractical or inappropriate Customer instructions.

15. Damage, risk, insurance and personal property

15.1 The Customer must maintain adequate insurance for the Vessel, including insurance appropriate to the Vessel’s value, use, location and circumstances. This may include hull insurance, third-party liability, marina and yard risks, hardstand risks, repair and maintenance risks, haul-out and relaunch risks, movement and sea trial risks, theft, fire, pollution, wreck removal, recovery, emergency assistance, salvage-related costs and any other risks relevant to the Vessel or Services.

15.2 The Customer must disclose any insurance restriction, exclusion, special condition, operational limit or requirement relevant to the Services.

15.3 McConaghy Marine maintains insurance it considers appropriate for its business, which may include public liability, equipment or other business insurance. This does not remove the Customer’s responsibility to insure the Vessel.

15.4 The Customer should remove valuables, personal items, fragile items, perishables, documents, cash, electronics and other property from the Vessel before Services commence.

15.5 McConaghy Marine is not responsible for loss of or damage to personal property left on board unless caused by McConaghy Marine’s negligence, breach of contract or breach of applicable law.

15.6 McConaghy Marine is not responsible for damage, loss or delay caused by pre-existing weakness, customer-supplied parts, unsuitable customer instructions, marina or yard conduct, another contractor, weather, sea state, environmental conditions, third-party conduct, theft, unauthorised access, water ingress, fire, electrical incident, fuel spill, oil spill, pollution event, sinking, partial flooding or other circumstances outside McConaghy Marine’s reasonable control, except to the extent required by law.

15.7 If damage, loss or an incident occurs, the Customer must promptly notify McConaghy Marine and provide reasonable access, information and cooperation for inspection, mitigation, insurance and rectification.

15.8 McConaghy Marine may assist with insurance works, insurer communications or claim documentation, but insurer approval and payment are not guaranteed.

16. Completion, handover and project close-out

16.1 McConaghy Marine may determine Practical Completion when the Services have been substantially completed.

16.2 Practical Completion may occur even if:

(a) the Customer is not present;

(b) minor defects, omissions or follow-up items remain;

(d) a final report or invoice is pending;

(e) Third-Party documentation is pending; or

(f) the Vessel remains at a marina, yard, hardstand, berth or other Site.

16.2 McConaghy Marine may notify completion by email, SMS, phone, online portal, invoice, job report, photographs, handover note or communication with an Authorised Representative.

16.3 Where the Customer is not present, McConaghy Marine may complete handover remotely using photos, reports, video, written communication, portal updates or authorised representative sign-off.

16.4 The Customer must promptly inspect the completed Services through the provided materials or in person within 7 days and notify McConaghy Marine of any issue, defect, omission or dissatisfaction.

16.5 Where the customer is not available to inspect the completed Services within 7 days from notification of practical completion, they must appoint an authorised representative to inspect the completed Services within this time period and document and notify them of any issue, defect, omission or dissatisfaction.

16.6 If the Customer does not notify McConaghy Marine of any issue within 7 days from notification of practical completion, McConaghy Marine may treat the Services as accepted for invoicing, handover, close-out, scheduling and operational purposes.

16.7 If the Customer is not present at completion, McConaghy Marine may request sign-off by remote means, including photos, videos, reports, email, SMS, online portal or an Authorised Representative.

16.8 Sign-off may occur by written approval, email, SMS, portal message, signature, payment of the relevant invoice, approval by an Authorised Representative, approval of a completion report, collection or use of the Vessel, or other conduct reasonably indicating acceptance of the completed Services.

16.9 The Customer must collect the Vessel, remove goods, approve relaunch, arrange access changes, retrieve keys or take other handover steps promptly when requested.

16.10 If the Customer delays collection, access transfer, relaunch or close-out, McConaghy Marine may charge reasonable storage, access, Site, waiting, administration and related costs.

16.11 Recommended future works are recommendations only. If the Customer declines or delays recommended works, McConaghy Marine is not responsible for consequences arising from that decision.

16.12 This clause does not prevent the Customer from notifying McConaghy Marine of a genuine latent defect that could not reasonably have been identified during prompt inspection. However, a later-notified issue does not suspend payment of amounts already due unless required by law or agreed by McConaghy Marine in writing

17. Defects, dissatisfaction, warranty and rectification

17.1 The Customer must report any suspected defect, dissatisfaction, incomplete work, poor workmanship, damage, missing item, part failure, Third-Party issue or other concern promptly through the support page on McConaghy Marine’s website, unless the matter is urgent and requires immediate action.

17.2 The report should include reasonable details, photographs where possible, the Vessel name, the relevant invoice or job reference and a description of the issue.

17.3 The Customer must provide McConaghy Marine with a reasonable opportunity to inspect, investigate and, where appropriate, rectify the issue.

17.4 The Customer must not modify, remove, repair, replace or arrange Third-Party work on the relevant item before McConaghy Marine has had a reasonable opportunity to inspect it, except where urgent action is reasonably required to protect the Vessel, people, property or environment.

17.5 If urgent Third-Party repair is required, the Customer must take reasonable steps to preserve evidence, take photographs, keep parts and records, and notify McConaghy Marine as soon as practical.

17.6 McConaghy Marine may offer inspection, rectification, repair, replacement, refund, credit or another remedy depending on the nature of the issue and applicable law.

17.7 McConaghy Marine is not responsible for issues caused by:

(a) misuse, neglect or lack of maintenance;

(b) normal wear and tear;

(d) environmental degradation, UV, salt, corrosion, moisture, mould or weather exposure;

(e) pre-existing defects, whether identified or unidentified;

(f) adjacent old parts or systems not replaced;

(g) customer-supplied parts or instructions;

(h) Third-Party work outside McConaghy Marine’s control;

(i) customer modification or unauthorised repair;

(j) incompatible legacy systems;

(k) use of the Vessel after the issue became apparent; or

(l) the Customer declining recommended work.

17.8 Cosmetic outcomes are subject to the age, condition, materials, finish, prior work, coatings, exposure and maintenance history of the Vessel. Cleaning, detailing, polishing, restoration or repair may improve appearance but does not guarantee an “as new” result unless expressly stated.

17.9 Manufacturer and supplier warranties may apply to parts and materials. McConaghy Marine may assist with warranty claims but does not control manufacturer or supplier decisions.

17.10 Nothing in this clause limits the Customer’s rights under the Australian Consumer Law or any other non-excludable law.

18. Payment, invoicing, debt and security

18.1 The Customer must pay all amounts due by the date stated in the Quote, invoice, proposal, plan or other payment request.

18.2 McConaghy Marine may require deposits, progress payments, milestone payments, recurring payments, prepayments, payment for parts or materials, payment of overdue amounts, payment before release, or payment before scheduling, commencing, continuing or completing Services.

18.3 Payments required before scheduling, commencement or continuation may be used to confirm the job, reserve labour, commence planning, order parts, procure materials, book Third Parties, secure Site arrangements, cover committed costs, manage credit risk or otherwise prepare for or continue the Services

18.4 Unless expressly stated otherwise, deposits are applied toward the final price but may be used to cover costs already incurred if the Customer cancels, delays or changes the Services.

18.5 The Customer must pay any credit card, merchant, bank, chargeback, dishonour or payment processing fees disclosed or lawfully recoverable.

18.6 If a payment is declined, dishonoured, reversed, charged back or not received, McConaghy Marine may suspend or cancel the Services, charge reasonable costs and require cleared funds before continuing.

18.7 If the Customer disputes part of an invoice, the Customer must promptly notify McConaghy Marine in writing and provide sufficient details to allow the issue to be understood and investigated, including the disputed amount, the relevant line item or work, the reason for the dispute, any supporting documents or photographs, and the outcome the Customer seeks. The Customer must pay the undisputed amount by the due date.

18.8 Overdue amounts may attract interest, fixed late payment fees and reasonable recovery costs to the extent permitted by law and stated in the relevant Quote, invoice or payment terms.

18.9 The Customer must ensure that McConaghy Marine is not left out of pocket for costs reasonably incurred in reliance on the Customer’s instructions, approval, booking, Quote acceptance, payment commitment or recurring service arrangement, including committed labour, parts, materials, Third-Party costs, Site costs, administration, storage and recovery costs, except to the extent the cost arises from McConaghy Marine’s negligence, breach of contract or breach of applicable law

18.10 McConaghy Marine may recover from the Customer reasonable costs incurred in debt recovery, legal recovery, payment enforcement, chargeback response, lien enforcement, storage, administration and collection, to the extent permitted by law.

18.11 McConaghy Marine may suspend, postpone or refuse further work if amounts are overdue.

18.12 To the extent permitted by law, McConaghy Marine may retain possession of the Vessel, parts, materials, equipment, documents or goods in its possession until amounts owed are paid. Any lien, retention, storage, disposal or uncollected goods process should be exercised only in accordance with applicable law. NSW guidance recognises that goods can become “uncollected” where left with a business for repairs, and the legal process for dealing with uncollected goods should be followed carefully.

18.13 If the Customer becomes insolvent, enters administration, liquidation, bankruptcy, receivership or similar process, McConaghy Marine may suspend work, require payment in advance, terminate the Services or take other lawful steps to protect its position.

18.14 Where the Customer is not the legal owner of the Vessel, the Customer indemnifies McConaghy Marine for any loss, cost, claim or enforcement difficulty arising because the Customer did not have authority to bind the owner, authorise the Services, grant access to the Vessel, approve the work, approve Vessel movement or permit McConaghy Marine to exercise lawful payment recovery rights.

18.15 McConaghy Marine may refuse to release the Vessel, goods, parts, equipment or materials in its lawful possession until all amounts due are paid, to the extent permitted by law.

19. Cancellation, postponement, suspension and termination

19.1 The Customer must notify McConaghy Marine as soon as possible if the Customer wishes to cancel, postpone or change a booking, job, plan or project.

19.2 If the Customer cancels or postpones before work starts, McConaghy Marine may charge reasonable costs already incurred, including planning, administration, labour allocation, deposits, parts, materials, freight, Site costs, Third-Party costs and lost booking capacity.

19.3 If the Customer cancels or postpones after a deposit has been paid, parts have been ordered, labour has been reserved, subcontractors have been booked or work has begun, McConaghy Marine may apply the deposit to costs incurred and invoice the Customer for any additional reasonable costs.

19.4 If the Customer repeatedly reschedules, delays access or causes missed attendances, McConaghy Marine may charge additional fees, require prepayment, reschedule at its discretion or cancel the Services.

19.5 McConaghy Marine may postpone, suspend or cancel Services due to weather, safety, Site access, supplier delay, marina or yard delay, non-payment, Customer delay, Customer non-response, unclear authority, unsafe conditions, unavailable parts, surveyor or engineer input, scope no longer being viable, or other circumstances affecting performance.

19.6 Either party may terminate a project in accordance with any agreed project terms, or otherwise on reasonable written notice where no specific termination process is agreed.

19.7 On termination, the Customer must pay for all Services performed, parts ordered, materials purchased, labour reserved, subcontractors committed, Third-Party costs, Site costs, demobilisation costs and other reasonable costs incurred up to termination.

19.8 Termination does not affect accrued rights or obligations, including payment, debt recovery, lien, confidentiality, liability, dispute, privacy and legal compliance obligations.

20. Documentation, communication, records and privacy

20.1 McConaghy Marine may create and retain records relating to the Customer, Vessel and Services, including quotes, scopes, approvals, photos, videos, project notes, technician notes, time records, part records, supplier records, reports, invoices, sign-offs, communications and support requests.

20.2 The Customer consents to McConaghy Marine taking photographs and videos of the Vessel, equipment, work areas, defects, progress and completed work for operational, reporting, quality assurance, warranty, insurance, training, safety, dispute and record-keeping purposes.

20.3 McConaghy Marine may communicate with the Customer and Authorised Representatives by email, SMS, phone, online portal, website forms, support page, messaging applications or other practical channels.

20.4 The Customer must ensure McConaghy Marine has accurate contact details and must promptly monitor and respond to communications requiring decisions, approvals or information.

20.5 McConaghy Marine may disclose relevant information to employees, contractors, suppliers, marinas, yards, surveyors, engineers, insurers, authorities, payment providers, professional advisers and other persons reasonably involved in the Services.

20.6 McConaghy Marine will use reasonable efforts to respect the privacy of the Customer, Vessel name, owner details, location, access details and commercially sensitive information.

20.7 McConaghy Marine will not use clearly identifiable images of the Vessel, Customer, Vessel name, location or private details for public marketing without consent, unless the image or information is already public, de-identified, incidental or otherwise lawfully usable.

20.8 Website forms, online bookings, support requests, payments and communications may involve collection and processing of personal information in accordance with McConaghy Marine’s privacy policy, where applicable.

21. Website, marketing material and online payments

21.1 Information on McConaghy Marine’s website, brochures, social media, advertisements, case studies, photos, testimonials and other marketing material is general information only.

21.2 Service descriptions, photos, testimonials, case studies and examples do not guarantee any particular outcome, result, finish, timeframe, cost, improvement, sale result, survey result, racing result, compliance outcome or Vessel condition.

21.3 Online payments may be processed by Third-Party payment providers and may be subject to their terms, fees, processing times and security requirements.

21.4 McConaghy Marine may update these Terms from time to time. The version applying to a job is the version incorporated into or available at the time the relevant Quote, plan or Services were accepted, unless otherwise agreed in writing.

21.5 If website information conflicts with an accepted Quote or written project scope, the accepted Quote or written project scope prevails.

21.6 McConaghy Marine may send the Customer service-related communications concerning quotes, bookings, invoices, work progress, safety, access, payments, support requests, warranty matters and the Services.

21.7 Marketing communications will be managed in accordance with applicable law and any consent, unsubscribe or preference options provided.

22. Disputes, chargebacks and complaints

22.1 The Customer must promptly notify McConaghy Marine in writing of any dispute, complaint, concern, defect, invoice issue, variation issue, delay issue, damage allegation, authority issue or dissatisfaction.

22.2 The Customer must provide reasonable details and supporting information, including photographs, dates, communications and relevant records where available.

22.3 The Customer must give McConaghy Marine a reasonable opportunity to inspect, investigate, respond and, where appropriate, rectify or resolve the matter.

22.4 The Customer must not unreasonably refuse access for inspection or rectification.

22.5 If the Customer engages another contractor before McConaghy Marine has had a reasonable opportunity to inspect, McConaghy Marine may not be responsible for additional costs or consequences, except to the extent required by law.

22.6 The Customer must not initiate or threaten a chargeback without first notifying McConaghy Marine of the issue and allowing a reasonable opportunity to resolve the matter, except where this would be unreasonable in the circumstances.

22.7 The Customer must not publish false, misleading, defamatory or confidential material about McConaghy Marine, its personnel or the Services.

22.8 If a dispute cannot be resolved through direct communication, either party may issue a written dispute notice. Within 10 business days after a dispute notice is given, the parties must use reasonable endeavours to resolve the dispute through good faith discussions between persons with authority to settle the matter.

22.9 If the dispute is not resolved within 20 business days after the dispute notice, either party may refer the dispute to mediation, and the parties must participate in mediation in good faith unless the dispute is unsuitable for mediation or the parties agree otherwise.

22.10 Nothing in this clause prevents either party from taking urgent action, seeking injunctive relief, enforcing a lien or security right, commencing debt recovery, responding to a chargeback, notifying an insurer, preserving rights under an insurance policy, or commencing court or tribunal proceedings where a limitation period or urgent circumstance applies

23. Liability, consumer guarantees and legal compliance

23.1 Nothing in these Terms excludes, restricts or modifies any guarantee, warranty, right, remedy or protection that cannot lawfully be excluded, restricted or modified.

23.2 To the maximum extent permitted by law, McConaghy Marine’s liability is limited to the resupply of the Services, repair, replacement, refund, credit or other remedy permitted by law and appropriate in the circumstances.

23.3 To the maximum extent permitted by law, McConaghy Marine is not liable for indirect, consequential, special or economic loss, including loss of profit, loss of use, loss of opportunity, loss of sale, loss of race entry, loss of charter, loss of reputation, loss of enjoyment, loss of business, delay costs or consequential costs arising from the Services.

23.4 McConaghy Marine is not liable for loss, damage, delay, cost or claim caused or contributed to by:

(a) inaccurate, incomplete or misleading Customer information;

(b) Customer delay, non-response or failure to approve;

(d) pre-existing defects or Latent Conditions;

(e) Third Parties outside McConaghy Marine’s reasonable control;

(f) marina, yard, slipway or Site restrictions;

(g) weather, sea state, tide, swell or environmental conditions;

(h) normal wear and tear;

(i) corrosion, mould, UV, salt, moisture or degradation;

(j) racing, heavy use, offshore use or use outside agreed assumptions;

(k) customer misuse, neglect or failure to maintain;

(l) unauthorised modification or Third-Party repair;

(m) insurer, manufacturer, surveyor, engineer or authority decisions; or

(n) any matter outside McConaghy Marine’s reasonable control.

23.5 The Customer must comply with all laws, regulations, marina rules, yard rules, safety requirements, environmental requirements, insurance requirements and lawful directions relevant to the Vessel, Site and Services.

23.6 If any part of these Terms is void, invalid or unenforceable, that part is severed to the extent necessary and the remaining Terms continue to apply.

24. Governing law and general provisions

24.1 These Terms are governed by the laws of New South Wales, Australia, unless the relevant Quote or agreement states otherwise.

24.2 The parties submit to the courts and tribunals of New South Wales, subject to any mandatory rights or forums that cannot lawfully be excluded.

24.3 A failure by McConaghy Marine to enforce a right is not a waiver of that right.

24.4 The Customer must not assign or transfer any rights or obligations without McConaghy Marine’s written consent.

24.5 McConaghy Marine may assign, subcontract, transfer or novate its rights or obligations where reasonable and lawful.

24.6 These Terms, together with the accepted Quote, invoice, proposal, service schedule or project agreement, form the agreement between the parties in relation to the relevant Services.

24.7 Any amendment to the agreed scope, price, timing or Terms must be in writing or otherwise confirmed by conduct accepted by McConaghy Marine.

24.8 Clauses relating to payment, debt recovery, lien, liability, privacy, records, disputes, insurance, governing law and any other clause intended to continue will survive completion, cancellation or termination.