Lifting, Hardstand, Storage and Berthing Service Agreement

Note: All fields marked with * are mandatory and must be completed.

Gold Coast Marine Centre T/A  THE BOAT WORKS  ABN 15 094 136 866, at 1 Boatworks Drive, 28 Waterways Drive, 16 Waterways Drive, 187, 197 and 199 Beattie Road Coomera, Gold Coast QLD 4209

Telephone: 07 5500 0000 Fax: 07 5500 0001

Email admin@theboatworks.com.au Website: www.theboatworks.com.au

The information supplied below is the information used for all accounts in relation to this booking, including invoicing and receipting of payments.

The information supplied below is the information used for all accounts in relation to this booking, including invoicing and receipting of payments.

Note: All fields marked with * are mandatory and must be completed.

THE BOAT WORKS

Fax:  07 5500 0001  Telephone:  07 5500 0000 

Email:  admin@theboatworks.com.au  Website:  www.theboatworks.com.au

Note: All fields marked with * are mandatory and must be completed.

THE BOAT WORKS

Fax:  07 5500 0001  Telephone:  07 5500 0000 

Email:  admin@theboatworks.com.au  Website:  www.theboatworks.com.au

Note: All fields marked with *  are mandatory and must be completed.

THE BOAT WORKS

Fax:  07 5500 0001  Telephone:  07 5500 0000 

Email:  admin@theboatworks.com.au  Website:  www.theboatworks.com.au

Note: All fields marked with * are mandatory and must be completed.

1. Defined terms and interpretation

1.1 Defined terms
In this document:

Authority  means any State, Federal or local government or other person or authority having jurisdiction over the Vessel or the Centre.
Claim  means any claim, action, proceeding or demand, however it arises and whether it is present or future, fixed or unascertained, actual or contingent.
Commencement Date  means the commencement date set out above.
Common Areas  means all parts of the Centre intended by GCMC for common use by the Occupants.
Consumer Law  means the Competition and Consumer Act 2010 (Cth) and any other State or Federal legislation in force relating to consumer agreements.
Centre  means the land and all improvements at 1 Boatworks Drive, 28 Waterways Drive, 16 Waterways Drive, 187, 197 and 199 Beattie Road Coomera, Gold Coast QLD 4209, which compromise GCMC's hardstand, vessel lifting and maintenance and repair facilities from time to time and includes the Vessel Hardstand Area.
Centre Access Fee  means the fee as specified in GCMC's standard fee schedule from time to time which is payable to GCMC before the Customer is given access to the Centre.
Centre Opening Hours  means the business hours of the Centre as notified to the Customer from time to time.
Courtesy Car  means the vehicle described in clause 16.
Cost includes any cost, charge, expense, outgoing, payment or other expenditure including all reasonable legal fees.
Customer  means the party specified above as the customer, and where that party is acting as agent of the Vessel Owner, the Vessel Owner, provided that the agent has specified in the Vessel Information Form that it is acting as an authorised agent of the Vessel Owner.
Customer's Associates  means each an every one of the Customer's employees, agents, contractors, customers, clients, visitors (with or without invitation) who may at any time be in the Centre.
Default Rate  means 15% per annum, compounding daily.
Expiry Date  means the date (if any) specified above or such other date as may be agreed in writing by the parties.
Fees  means the Centre Access Fee, Hardstand Fees, Lifting Fees, Storage Fees and Use Fees.
GCMC  means the operator of the Centre, being the party specified as the operator above.
GCMC's Employees  means all of the employees of GCMC or persons authorised to act on GCMC's behalf.
GCMC Services  means any or all of the Hardstand Services, Lifting Services and Storage Services.
Guarantor  means the person or persons (if any) specified as the guarantor above.
Hardstand Fee  means the fees charged by GCMC from time to time for Hardstand Services.
Hardstand Services  means the storage of the Vessel on the Vessel Hardstand Area and the services provided by GCMC pursuant to this document, including but not limited to:
(a) forklift services;
(b) cradle and block hire;
(c) antifouling;
(d) provisions and materials;
(e) electrical power supply; and
(f) any other services provided by GCMC from time to time.
Keys  includes any keys, encoded cards or other articles for accessing the Centre.
Law   means any statute, rule, regulation, proclamation, ordinance or by-law, present or future, State, Federal or otherwise.
Lifting Fee   means the fees charged by GCMC from time to time for the Lifting Services.
Lifting Services  means the lifting services specified in this document and provided by GCMC pursuant to this document, including but not limited to:
(a) removal of the Vessel from the Marina to the Vessel Hardstand Area;
(b) removal of the Vessel from the Vessel Hardstand Area to the Marina;
(c) lifting of the Vessel from the water for the purpose of short duration survey and inspection lift and thereafter the return of the Vessel to the water;
(d) movement of the Vessel from a transport vehicle to the Vessel Hardstand Area or the Marina;
(e) movement of the Vessel from the Vessel Hardstand Area or the Marina to a transport vehicle;
(f) movement of the Vessel within the Centre; and
(g) high pressure water cleaning of the hull of the Vessel.
Lockable Garage Rental  means rental of garage space as provided in Item 5 and clause 18.
Manager  means the manager of GCMC from time to time, or its nominee.
Marina  means that area of the Centre comprising the marina berths, seawall, slipways, piers, pontoons, gangways, ramps, mooring gear and all other associated improvements and infrastructure and includes the berth.
Occupants  means tenants, licensees and other occupants of the Centre, as the context indicates.
Possession  has the meaning given to that term in the PPSA.
PPSA  means the Personal Property Securities Act 2009 (Cth).
Rules and Regulations  means the rules and regulations set out by GCMC from time to time relating to the use, enjoyment, management and care of the Centre.
Services includes:
(a) the services provided to the Centre by authorities, including water, electricity and waste outlets; and
(b) other additional operating costs of the Centre incurred by GCMC applicable to the use of the Centre by the Customer or the Customer's Associates.
Security Deposit  means the amount (if any) specified above.
Security Interest  has the meaning given to that term in the PPSA.
Storage Fees  means the fees charged by GCMC from time to time for Storage Services.
Storage Services  means any storage of the Vessel, including berthing at the Marina, storage in containers, trailer boats and work bays, and any associated services.
Term  means the period of time from the Commencement Date to the Expiry Date.
Use Fees  means an amount representing the fixed daily fee set by GCMC from time to time multiplied by the number of days (or part thereof) that a Vessel is at the Centre.
Vessel  means the vessel or vessels the subject of this document, set out above.
Vessel Hardstand Area  means the area of the Centre as determined by GCMC from time to time for the hardstanding of Vessels.
Vessel Owner  means the person who holds legal title to the Vessel or in whose name the Vessel is registered.

1.1 Interpretation
In this document, unless contrary to or inconsistent with the context:
(a) words importing the singular include the plural and vice versa;
(b) a reference to a party to this document or any other
document or agreement includes the party’s successors, permitted substitutes and permitted assigns;
(c) a reference to a group of persons or parties is a reference to any two or more of them jointly and to each of them individually;
(d) a covenant, representation or warranty in favour of two or more persons is for the benefit of them jointly and to each of them individually;
(e) a covenant, representation or warranty on the part of two or more persons binds them jointly and severally;
(f) a reference to a clause, schedule, annexure or party is a reference to a clause of, and a schedule, annexure or party to, this document and references to this document include any schedules or annexures;
(g) if a word or phrase is defined, its other grammatical forms have a corresponding meaning;
(h) a reference to a document or agreement (including a reference to this document) is to that document or agreement as amended, supplemented, varied or replaced;
(i) a reference to this document includes the agreement recorded by this document;
(j) a reference to legislation or to a provision of legislation (including subordinate legislation) is to that legislation as amended, re-enacted or replaced, and includes any subordinate legislation issued under it;
(k) a reference to a person includes a corporation, trust, partnership, unincorporated body, government and local authority or agency, whether or not it comprises a separate legal entity; and
(l) any agreement, undertaking, acknowledgement, condition or other term (including but not limited to any indemnity and/or release).

2. Provision of services
(a) GCMC will provide the GCMC Services as reasonably required by the Customer at the request of the Customer and subject to the terms of this document.
(b) Where the Customer is acting as an agent for the Owner of a Vessel, the Customer:
  (i) must provide to GCMC the Owner's full contact details, including name, address and telephone number and ABN (if applicable); and
  (ii) warrants that it has the Vessel Owner's authority to enter into this document on the Vessel Owner's behalf.
(c) GCMC may change the manner in which the GCMC Services are provided from time to time at its absolute discretion.
(d) GCMC may arrange for any of the GCMC Services or any part thereof to be carried out by a sub-contractor.

3. Fees and Charges

(a) The Customer must pay the Fees to GCMC monthly in arrears within 7 days of each invoice issued by GCMC or otherwise as arranged or requested by GCMC, and in any event, before the Vessel is returned to the water or leaves the Centre.
(b) Where the Customer is acting as an agent for the Owner of a Vessel, the Customer must provide to GCMC a credit card authority signed by the Vessel Owner authorising payment of the fees and charges prior to the Services being provided. If a signed credit card authority is not provided to GCMC the Customer agrees to take responsibility for the payment of any fees and charges payable to GCMC for the provision of the Services.
(c) If GCMC provides any Services to the Customer, GCMC may request that the Customer pay the charge to the relevant Authority or to GCMC as the case may be, by the due date for payment. If the charge is not assessed directly against the Customer and GCMC has requested that it be paid by the Customer, the Customer must pay the charge to GCMC within 7 days of being invoiced for the charge by GCMC.
(d) When access to a supply of electric current, whether single or three phase, is provided by GCMC, it will be used by the Customer at its own risk in all respects. The Customer will provide all necessary connecting leads and cables, which shall be of appropriate size and in good condition, and all safety devices.
(e) The Customer must:
  (i) make payments due to GCMC under this document without set-off, counterclaim, withholding or deduction, by any means GCMC reasonably requires; and
  (ii) pay to GCMC interest at the Default Rate on any amount due by the Customer to GCMC but unpaid for at least 7 days from the due date until the date on which the amount is received by GCMC.
(f) Should the Customer not pay for any goods or services supplied by GCMC in accordance with the terms of this document, GCMC shall be entitled to charge and recover from the Customer an administration fee equal to 15% per month of such amount due, or part thereof, from the date the goods or services were supplied (not the date when GCMC's invoice was payable) until the date of payment by the Customer.
(g) Upon termination of this document, GCMC will refund the Security Deposit to the Customer less any outstanding amounts due to GCMC under this document.
(h) If the Customer fails to remove the Vessel on the departure date agreed between the parties, GCMC may continue to charge Fees and may deduct unpaid Fees from the Security Deposit for each additional day (or part thereof) that the Vessel remains in the Centre, commencing from the date after the agreed departure date up to and including the date on which the Customer removes the Vessel.
(i) Each party will bear its own costs of this document.
(j) Time is of the essence for all obligations of the Customer under this document, to pay money and otherwise.

4. Customer's warranties
The Customer warrants that:
(a) it is the Owner of the Vessel, or if it is not the Owner of the Vessel, it has the authority and consent of the Owner of the Vessel to engage GCMC to provide the GCMC Services;
(b) all information provided by the Customer in this document is true and correct and that it has the full power and authority to enter into this document, including all authorities or consents needed by the Customer to enter into this document from any co- Customer, financier or any other entity in respect of the Vessel;
(c) it has given GCMC all information which may be relevant to GCMC in providing the GCMC Services or assessing the Customer's needs for the GCMC Services including but not limited to the position in which to place the slings for the lift and the ability of the Vessel's coatings to withstand water blasting; and the customer will supply any photos, docking plans, manufacturer specifications, confirmation of wrap applied to the hull surface and any previous haul out issues/damages prior to lifting the vessel; and
(d) it has given GCMC all information which may be relevant to the use of any plant or equipment owned or provided by GMCM to perform any of the GCMC Services.
(e) Effective 1 July 2017, No private for sale signs are to be displayed on any vessel whilst here within the yard.

5. Customer's obligations
5.1 Obligations
The Customer must, and must procure that the Customer's Associates:
(a) not under any circumstances undertake or perform any of the GCMC Services themselves;
(b) not without the express permission of GCMC use any plant or equipment owned or provided by GCMC to perform any of the GCMC Services;
(c) without limiting the Customer's obligations under this document, do or provide anything reasonably requested by GCMC that is necessary for the provision of the GCMC Services;
(d) ensure that the Vessel is kept in a clean, sound and, to the extent applicable, in a seaworthy and watertight condition;
(e) not obstruct in an way the provision of the GCMC Services;
(f) not bring any motor or other vehicle or conveyance into the Centre, without the express permission of the Manager. Any such permission with be granted only for the purpose of loading or unloading materials, parts and tools of trade. Motor or other vehicles or conveyances will be parked only in the areas and during the times so
designated by the Manager. No work whatsoever may be done in the car park of the Centre;
(g) not obstruct the pavements, pathways, roadways, entry and exit avenues and driveways in the Centre and any easement giving access to the Centre or any part of the Centre or use them for any purpose other than ingress and egress;
(h) ensure that all appropriate gates, entrances and exits within the Centre are properly closed after each use;
(i) ensure that all Keys provided are kept safely, that any lost or stolen Keys are reported to GCMC within 24 hours, and that there is no unauthorised copying or retention of Keys;
(j) only access the Centre during times approved by the Manager;
(k) not waste water under any circumstances, including by not using fire hoses other than for their intended purpose and turning off all taps when water is not being immediately used; and
(l) not carry out any repairs, sandblasting, painting, fitting out, maintenance, works or refitting of any kind within the Centre except in such area designated by GCMC from time to time. If required by GCMC, the Customer shall enter into such licence or tenancy agreement as GCMC shall require for the use of such designated area.
(m) Effective 1 July 2017 any or all vessels that are for sale and based or stored within the long term hardstand storage precinct or on the Marina are to be listed if For Sale with the onsite based brokerage. No private For Sale signs are to be displayed on the vessels whilst here in the above stated capacity’s.

5.2 Acknowledgements
The Customer acknowledges that:
(a) to the maximum extent permitted by law, no promise, representation or warranty is given by GCMC regarding the suitability, adequacy, sufficiency or efficiency of the GCMC Services;
(b) the GCMC Services do not include inspecting, assessing or assuming responsibility for the condition of the Vessel for any purpose whatsoever; and
(c) GCMC's obligations under this document are limited to providing the GCMC Services at the request of the Customer and subject always to the provisions of this document.

5.3 Common Areas
Subject to this document, the Customer may use the Common Areas for the purposes for which they are intended but must not obstruct the Common Areas in any way.

5.4 Security interest
(a) The Customer grants (and where the Customer is not the Owner of the Vessel, warrants that it has the authority of the Owner of the Vessel to grant) GCMC a Security Interest in the Vessel as security for the payment of all amounts owing to GCMC and the performance of all obligations under this document.
(b) The Customer authorises GCMC to file all financing statements and other documents and otherwise do all things necessary to perfect and continue the Security Interest, to protect and preserve the Vessel, and to realise the Security Interest held by GCMC.
(c) The Security Interest granted pursuant to this clause shall become immediately enforceable upon the breach of this document by the Customer, in which case GCMC may:
  (i) take Possession of and sell or lease the Vessel (either by public auction, private treaty or otherwise and either in full or in part, and otherwise subject to any conditions that GCMC consider appropriate); and
  (ii) appoint and remove any one or more persons to be a receiver of the whole or any part of the Vessel, the income and proceeds of the Vessel (or both) and to pay such
receiver the remuneration as GCMC consider appropriate.
(d) To the extent permitted by law:
  (i) for the purposes of sections 115(1) and 115(7) of the PPSA:
    (A) GCMC need not comply with sections 95, 118, 121(4), 125, 130, 132(3)(d) or 132(4); and
    (B) sections 142 and 143 are excluded; and
  (ii) for the purposes of section 115(7) of the PPSA, GCMC need not comply with sections 132 and 137(3).

6. Repair or damage
The Customer must:
(a) give immediate notice to GCMC of any damage, accident to or defects in the Centre of the Vessel; and
(b) repair damage to the Centre caused by the Customer or the Customer's Associates, or on demand by GCMC, pay to GCMC the cost of such repairs.

7. Reservations
(a) GCMC reserves the exclusive right to, at its absolute discretion:
  (i) move the Vessel or require the Customer, at the Customer’s cost and expense, to move the Vessel to another position as reasonably required in GCMC’s opinion;
  (ii) control the Common Areas;
  (iii) use any part of the Centre for any purpose; and
  (iv) construct or permit the construction of any building, marina or other works on any part of the Centre,
and the Customer will not make any objection or Claims with respect to any of these matters.
(b) GCMC is not liable to the Customer:
  (i) for any damage which the Customer may suffer because of any interruption to any of the GCMC Services or Services; or
  (ii) for any loss suffered by the Customer in connection with this document or any service provided under this document, including but not limited to as a result of the Vessel being lifted or water blasted.

8. Rules and Regulations

The Customer must at all times comply, and must procure that the Customer's Associates at all times comply, with the Rules and Regulations.

9. Insurance and indemnities
(a) During the Term, the Customer must take out and maintain while the Vessel is within the Centre or the Marina:

(i) public risk insurance for at least $10,000,000 for vessels up to 24m in length , $20,000,000 for vessels 24m+ in length ; in respect of any single incident;

  (ii) comprehensive insurance on the Vessel for its market value from time to time; and
  (iii) any other insurance reasonably required by GCMC.
(b) The Customer warrants that all insurance required under clause 9(a) are in place as at the Commencement Date.
(c) The Customer must, upon request, provide to GCMC evidence that it has taken out the required insurances and given GCMC immediate notice if any insurance policy is cancelled, varied, or renewed.
(d) The Customer must not:
  (i) do anything which may affect the rights under any insurance policy taken out by GCMC or other persons; or
  (ii) store noxious chemicals, flammable, volatile or explosive liquids or substances in any vehicle, vessel or conveyance or in any part of the Centre without the consent of GCMC, in which case any such substances must be stored in appropriate approved safety containers.
(e) The Customer indemnifies GCMC against any liability for any Claim arising from, connected with or in any way related to:
  (i) the use by the Customer or the Customer's Associates of the Centre, the Common Areas, the Services or the Vessel;
  (ii) any damage, loss or injury to any person or property or death cause or contributed to by any act, omission, negligence or default of the Customer or the Customer's Associates; and
  (iii) the Customer's or the Customer's Associates failure to comply with the Customer's obligations under this document or the Rules and Regulations.
(f) The indemnity in clause 9(e) survives termination or expiration of this document, and includes all:
  (i) legal costs incurred by GCMC in connection with any of the matters referred to in clause 9(e), to be paid on an indemnity basis; and
  (ii) other costs and expenses incurred by GCMC in respect of the matters referred to in clause 9(e).
(g) GCMC may enforce the indemnity before incurring an expense.
(h) The Customer releases GCMC from, and agrees that GCMC will not liable for any Claim arising from:
  (i) damage, loss, injury to person or property or death of the Customer or the Customer's Associates except to the extent that it is caused by the negligence of GCMC and GCMC is fully indemnified in respect of such a Claim under a policy of insurance held by GCMC.
  (ii) anything the Customer is permitted to do under this document;
  (iii) any defect in or faulty operation of the GCMC Services or any Services except to the extent that is caused by the negligence of GCMC and GCMC is fully indemnified in respect of such a claim under a policy of insurance held by GCMC.
  (iv) the Common Areas not being clean.
(i) The Customer acknowledges that any vehicle, vessel or conveyance and all property of whatever kind which may be in them or otherwise brought into the Centre is at the sole risk of the Customer. All vehicles, vessels, conveyances and all such other property must be kept safe and secure while in the Centre and GCMC accepts no liability or any responsibility whatsoever while they are in or about the Centre. Security is the responsibility of the Customer.
(j) The Customer acknowledges that the Vessel and all property which may be on the Vessel is at the sole risk of the Customer at all times during the Term, including but not limited to, during the performance of the GCMC Services, except to the extent that any damage to the vessel and/or any property which may be on the vessel is caused by the negligence of GCMC and GCMC is fully indemnified in respect of such damage under a policy of insurance held by GCMC.

10. Default of Customer
(a) The Customer will be default if:
  (i) the Fees or any part of them or any other moneys payable by the Customer to GCMC under this document are in arrears and remain unpaid for seven (7) days after any
of the due dates for payment (whether demanded or not);
  (ii) the Customer fails to comply, or fails to procure that the Customer's Associates comply, with any of the provisions of this document to be performed or observed by the Customer or the Customer's Associates or fails or refuses to comply with the Rules and Regulations or the directions of the Manager; or
  (iii) the Customer enters into any form of bankruptcy, liquidation, insolvency, is wound up or dissolved, enters into a scheme of arrangement for creditors, is placed under administration or a receiver or receiver and manager is appointed to any assets of the Customer.
(b) Without prejudice to GCMC's rights at law or in equity, if the Customer is in default under this document GCMC may:
  (i) immediately terminate this document without notice to the Customer;
  (ii) suspend all or part of any GCMC Services;
  (iii) remove the Vessel to another area within the Centre; and
  (iv) take such action as may be necessary to prevent the removal of the Vessel from the Centre until the default is remedied and all outstanding amounts are paid.
(c) GCMC may terminate this document at any time upon two days written notice to the Customer.
(d) Termination of the document does not affect any Claim that arose prior to the date of termination.
(e) GCMC's acceptance of any Fee or other money under this document (before or after termination) is not a waiver of a breach or an acceptance of the repudiation of this document by the Customer.
(f) No waiver by GCMC or variation of this document will be effective unless it is in writing.

11. Determination of Term
(a) On the Expiry Date or earlier termination of this document, the Customer must:
  (i) immediately return all Keys, swipe cards, Fobs and garage door remotes to GCMC;
  (ii) immediately pay all Fees and other amounts payable under this document to GCMC;
  (iii) vacate the Centre and leave it in a clean state; and
  (iv) remove the Customer's property, materials, tools, equipment, vehicles, vessels or conveyances from the Centre.
(b) The Customer must not cause any damage to the Centre in the removal of anything. If any damage is caused the Customer must promptly repair that damage to the satisfaction of GCMC, at the Customer's cost and expense in all respects. If the Customer fails to do so, GCMC may arrange for the damage to be repaired at the Customer's cost.
(c) If the Customer does not properly clean the Centre area occupied or used by it to GCMC's satisfaction, GCMC may arrange for that area to be cleaned at the Customer's cost and expense and recover these costs and expenses from the Customer.

12. Operator's liability
(a) To the full extent permitted by law, any warranty or condition implied under the law is excluded from this document. Where a warranty cannot be legally excluded, including for the purposes of the non-excludable statutory guarantees under the Consumer Law, GCMC's liability is limited, at GCMC's option, to:
  (i) in the case of services supplied or offered by GCMC:
    (A) the re-supply of those services; or
    (B) the payment of the cost of having those services re-supplied;
  (ii) in the case of the goods supplied or offered by GCMC:
    (A) the replacement of the goods or the supply of equivalent goods;
    (B) the repair of the goods;
    (C) the payment of the cost of having the goods replaced; or
    (D) the payment of the cost of having the goods repaired.
(b) The Customer will examine the goods for defects and shall notify GCMC of any defects in writing within 7 days of delivery. Returns can only be made if the evidence is clear that the goods are faulty. A credit authorisation number must be obtained by the customer from GCMC prior to GCMC accepting return of any defecting goods. A credit authorisation number will only be provided by GCMC if an adequate explanation as to the nature of any fault is provided. The credit authorisation number must be clearly displayed on the outside packaging containing the returning goods. If the Customer does not notify GCMC within 7 days of delivery, the Customer shall be deemed to have accepted the goods.
(c) To the extent permitted by the Consumer Law, GCMC excludes all other liability whatsoever to the Customer arising out of or in any way connected with this document, including any liability for consequential or indirect losses of any kind howsoever arising and whether caused by breach of statute, breach of contract, negligence, other tort or other cause of auction. Consequential and indirect losses will be taken to include, but not be limited to:
  (i) any loss of income, profit or business;
  (ii) any loss in the nature of overhead costs; and
  (iii) any loss of goodwill or reputation.

13. Directions by GCMC's Employees

The Customer will promptly observe and comply with any directions from any of GCMC's Employees in relation to the operation of the Centre or the lifting, storage or hardstanding of the Vessel.

14. Water cleaning
(a) GCMC and GCMC's Employees do not warrant or represent in any way the quality or standard of the high pressure water cleaning services.
(b) Without limiting the provisions of clause 4, GCMC will be relying upon information provided by the Customer concerning the ability of the Vessel's coating and of any other fitting mounted to the hull of the Vessel below the level of the freeboard deck to withstand water blasting.

15. Guarantee and indemnity
(a) The Guarantor has requested that GCMC enter into this document, and GCMC has done so in consideration of this guarantee and indemnity.
(b) The Guarantor acknowledges that they have been given a copy of this document have had full opportunity to consider its provisions before entering into this guarantee
(c) The Guarantor unconditionally and irrevocably guarantees to GCMC the performance of the obligations of the Customer under this document, including the prompt payment of all amounts owing by the Customer to GCMC under this document.
(d) The Guarantor unconditionally and irrevocably indemnifies GCMC for against any Claim or Loss arising from a breach of this document by the Customer.
(e) The guarantee given by the Guarantor is a continuing security, and is not discharged or prejudicially affected by
any settlement of accounts, but remains in full force until a final release is given by GCMC.
(f) The Guarantor waives any right they have to first require GCMC to commence proceedings or enforce any other right against the Customer or any other person before claiming under this guarantee and indemnity.

16. Courtesy Car
(a) GCMC may, in its sole discretion, provide the Customer with a Courtesy Car on any terms and conditions that it sees fit, and subject to any policies adopted by GCMC in relation to Courtesy Cars from time to time.
(b) Unless otherwise agreed between the Customer and GCMC, if the Customer elects to use a Courtesy Car the Customer must:
(i) provide GCMC with copy of the Customer's drivers licence for GCMC to hold on file;
  (ii) return the Courtesy Car within three hours, and in any event, by no later than 4:00pm.
  (iii) return the Courtesy Car with a full tank of petrol;
  (iv) return the Courtesy Car in a clean condition;
  (v) not use or permit the Courtesy Car to be used by any person who is under the influence of alcohol;
  (vi) not use the Courtesy Car to transport any flammable materials; and
  (vii) not smoke, or permit any other person to smoke, inside the Courtesy Car.
(c) The customer releases and indemnifies GCMC
  (i) any Claim arising from the Customer’s use of a Courtesy Car;
  (ii) all fines, tolls and other expenses incurred while the Courtesy Car is provided to the Customer; and
(d) The Customer must pay a $50 cleaning fee in the event that the Courtesy Car is not, in the reasonable opinion of GCMC, returned in a clean condition.
(e) The Customer agrees to execute any additional forms, and provide any further additional information, that GCMC may reasonably require that the Customer provide before using the Courtesy Car.

17. General provisions
(a) Notices from one party to the other must be in writing and either delivered personally, by facsimile transmission or in any other way permitted by law to the address specified in this document. Each party must notify the other of any change in address or facsimile number.
(b) If anything in this document requires the consent or approval of GCMC, GCMC may withhold that consent or approval in its absolute discretion or grant its consent subject to conditions.
(c) This document constitutes the entire agreement and understanding between the parties about its subject matter.
(d) This document is governed by the law in force in Queensland, and each party irrevocably submits to the non-exclusive jurisdiction of the Queensland courts and courts competent to hear appeals from those courts.
(e) GCMC may assign, encumber or otherwise deal with its rights and obligations under this document in its discretion and without the need for any consent from the Customer.
(f) A clause or part of a clause of this document that is illegal or unenforceable may be severed from this document and the remaining clauses or parts of the clause of this document continue in force. If any provision is or becomes illegal, unenforceable or invalid in any jurisdiction, it is to be treated as being severed from this document in the relevant jurisdiction, but the rest of this document will not be affected.

18. Lockable Garage Rental
(a) If Item 5 has been completed, the Customer is granted a licence to use the Allocated Garage for the Permitted Use on a month-to-month basis on the terms set out in this clause (Licence). 

(b) The Customer may terminate the Licence on giving GCMC at least [one calendar month’s] written notice. GCMC may terminate the Licence on giving the Customer at least [one calendar month’s] written notice, except if the Customer fails to remedy a default within a reasonable time after written notice to do so by GCMC, in which case GCMC may terminate the Licence effective immediately. 

(c) The customer must pay the monthly Rental Fee in advance on the first day of each month. No account is pro-rated for any Licence period less than a month (including if the Licence period ends before the end of the month last billed). 

(d) A deposit is payable for the garage door remote and/or key for accessing the Allocated Garage. 

(e) The Allocated Garage must be used in a responsible and reputable way. The Allocated Garage must be kept clean, free from rubbish and is not to be used for any other purpose than the permitted use i.e.: 

  (i) no works are permitted to be undertaken in the Allocated Garage; 

  (ii) no flammable items are to be stored in the Allocated Garage; and 

  (iii) no signage, advertisement, nameplate or any other notice on the exterior of the premises Allocated Garage are to be displayed.

18.1 Removal
If the Customer stores anything in the Allocated Garage other than as permitted or agreed to, GCMC may at any time access the Allocated garage and remove and deal with or dispose of such item at its discretion. Any removal is deemed to be done with full consent and authority of the Customer, and without any liability to the Customer for the item.

18.2 Repair
The customer must at its cost, and to the reasonable satisfaction of GCMC, repair any damage to the Allocated Garage.

18.3 Obligations

At expiry of the Licence, the Customer must:

(a) Remove all property not owned by GCMC from the area Allocated Garage; 

(b) Remove all rubbish and make good any damage to the Allocated Garage; 

(c) return all garage door remotes and keys to GCMC; and 

(d) deliver vacant possession of the Allocated Garage.

18.4 Insurance
The Customer is responsible for effecting and maintaining, at the Customers cost, all applicable insurances with respect to goods stored and the Customers use of the Allocated Garage.

Use of the Allocated Garage is at the Customers sole risk, and the Customer releases and indeminifies GCMC against any claim arising from any loss, damage and/or injury incurred relating to the Customers use of the Allocated Garage.

19. Multi-mover

(a) In this clause, “Multi-Mover” means a Multi-Mover M18 attached to a box trailer, or such other equipment provided by GCMC from time to time for the purpose of allowing Customers to transport items within the Centre. 

(b) GCMC may, in its sole discretion, provide the Customer with the use of the Multi-Mover on any terms and conditions that it sees fit, and subject to any policies adopted by GCMC in relation to the use of the Multi-Mover from time to time.

(c) Unless otherwise agreed between the Customer and GCMC, if the Customer elects to use the Multi-Mover, the Customer must: 

  (i) use the Multi-Mover in a responsible fashion with all due care, and in accordance with all directions provided by GCMC;

  (ii) only use the Multi-Mover within the Centre; 

  (iii) not exceed the load capacity of any component of the Multi-Mover;

  (iv) return the Multi-Mover within three hours, and in any event, by no later than 4:00pm; 

  (v) return the Multi-Mover in a clean condition; 

  (vi) not use or permit the Multi-Mover to be used by any child, or any person who is under the influence of alcohol; and(vii) not use the Multi-Mover to transport any flammable materials. 

(d) The Customer releases and indemnifies GCMC from any Claims arising in relation to damage to: 

  (i) the Centre and any third party property caused by the Multi-Mover; and 

  (ii) the Multi-Mover, while the Multi-Mover is provided to the Customer. 

(e) The Customer agrees to execute any additional forms, and provide any further additional information, that GCMC may reasonably require that the Customer provide before using the Multi-Mover.

THE BOAT WORKS

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Email:  admin@theboatworks.com.au  Website:  www.theboatworks.com.au