Bella Marine
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Bella Marine - TERMS AND CONDITIONS
Definitions1. “Bella Marine” shall mean the company JND MARINE PTY LTD (ABN 42 626 464 506) trading as Bella Marine its successors and assigns or any person acting on behalf of Bella Marine and with the authority of Bella Marine.2. “Services” shall mean all Services supplied by Bella Marine and includes any advice or recommendations and any supply of goods.3. “Goods” shall mean all Goods supplied by Bella Marine (and where the context so permits shall include any supply of Services as hereinafter defined) and are as described on the invoices, quotation, work authorisation or any other forms as provided by Bella Marine.4. “Price” shall mean means our fixed and published price or the amount agreed between us or the amount established by a course of dealing between us.5. “Guarantor” means a person (or persons), or entity, who agrees to be liable for the debts of the person on a principal debtor basis.6. A reference to a person includes a company, body corporate, unincorporated body or other entity.Acceptance7. Any instructions received by Bella Marine for the provision of Services and/or acceptance of goods supplied by Bella Marine shall constitute acceptance of the terms and conditions contained herein.8. Where more than one person has entered into this agreement, the persons shall be jointly and severally liable for all payments of the Price.9. Upon your acceptance of these terms and conditions, the terms and conditions are binding and can only be amended with the written consent of Bella Marine.10. Goods and Services are supplied by Bella Marine only on the terms and conditions in this agreement, to the exclusion of anything to the contrary in the terms of any order you may make, notwithstanding that any such order is placed on terms that purport to override these terms and conditions of trade.Services11. By signing this agreement, you authorise Bella Marine to provide the Services and any additional services (Additional Services) in accordance with these terms and agree to pay Bella Marine’s current rates and prices for all labour, spare parts and materials.12. Bella Marine is not liable for any loss or damage to your boat, engine or motor, its accessories, contents, and/or components, while on Bella Marine’s premises or being repaired by our onsite team, unless such loss or damage is a direct result of the negligence of Bella Marine. 13. Bella Marine is not liable for any loss or damage to your boat, engine or motor, its accessories, contents, and/or components which has occurred prior to arriving on Bella Marine’s premises or upon inspection by our onsite team. Save for the provision of Services and any additional services (Additional Services) in accordance with these terms, Bella Marine shall otherwise return the goods in the same condition as when they arrived on Bella Marine’s premises or were inspected by our onsite team.Price and Payment14. Price means our fixed and published price, the amount agreed between us or the amount established by a course of dealing between us. The price unless otherwise agreed does not include delivery costs.15. Bella Marine will provide an estimate of the cost of the Services to be provided before any of the Services are provided. The estimate will be discussed with you prior to the commencement of work.16. If Bella Marine is required to provide any Additional Services meaning the estimate will be exceeded, Bella Marine will first contact you to explain the Additional Services and seek your authorisation to the additional costs to be incurred.17. The observation of agreed time frames is of primary importance.18. If you must make a payment or do any other thing on or by a day that is not a business day you must make the payment or do the thing on or by the next business day.19. Unless otherwise agreed normally payment is a condition precedent to Service.20. Title in the goods does not pass to you until we have received payment in full.21. By accepting payment of any sum after its due date we do not waive our right either to require payments as they fall due or to suspend or end our arrangements.Default22. You and any guarantor will be in default if you do not pay us when money is due for payment or fail to comply with any other obligation under our business arrangements.23. If you are in default under our agreement we may send you a default notice. The notice will tell you what the default is and what you are required to do to correct the default. You will have 14 business days to rectify the default.24. If you do not comply with the default notice you become immediately liable to pay us all money owing with interest on that amount from the due date until payment at the rate of 15% per annum. In these circumstances, as title to the goods do not pass to you until we have been paid, we may repossess and sell the goods and apply the proceeds of the sale towards repayment of the money owed under the agreement.25. You also agree to pay on default all costs and expenses incurred in exercising our rights of recovery from you and the guarantor if any and indemnify us against any losses resulting from the default.26. On default in payment you irrevocably permit us or any person authorised by us in writing upon reasonable notice to enter your premises or the premises where the goods are reasonably believed by us to be held on your behalf. You also agree to indemnify and hold us harmless for all reasonable costs and expenses of recovery of the goods and losses if any on their resale.27. You agree to sign documents or do all things necessary to perfect our rights under the agreement and appoint us as your attorney to sign any document or do anything that may reasonably be required to enforce our rights on default.Passing of risk and title28. Risk in any goods sold to you will pass when you take delivery of the goods. Title in the goods will not pass until full payment for the goods and any other amounts you may owe to Bella Marine has been received.29. Until such time as title in goods passes to you, you will hold the goods as bailee of Bella Marine and where possible store the goods in a manner which makes them identifiable as property of Bella Marine and keep the goods insured against damage, theft and destruction. 30. Bella Marine is entitled, at any time while any debts or outstanding payments are owed beyond their due date, to notify you of its intention to take possession of the goods and enter upon your property with all necessary equipment to take possession of the goods.31. You will give immediate notice to Bella Marine of:(a) any notice to you that a receiver or manager is to be or has been appointed over your assets or any part of your business or undertakings;(b) any notice to you that a petition to wind up your company is to be or has been presented or any notice of a resolution to wind up your company has been made;(c) decision by you that you intend to make any arrangements with its creditors; or(d) any act of bankruptcy by you as defined in section 40 of the Bankruptcy Act 1966 (Cth).32. You represent and warrant to us that all information and representations that you, or any person acting on your behalf has given in connection with our transactions are true and correct and that you have not failed to disclose to us anything relevant to our decision to have dealings with you and that no court proceedings or dispute is current that may have an adverse effect on performing your obligations under this agreement.33. To protect our security interest in the goods until payment we may choose to register the agreement between us under the Personal Properties Securities Act 2009 (Cth). You agree to do all things necessary to facilitate such registration.Lien and uncollected goods34. So long as you owe Bella Marine money under this or any other agreement, Bella Marine has a lien over your boat, engine, motor, its accessories, contents and/or components which are in possession of Bella Marine. 35. If Bella Marine exercises a lien over your boat, motor, engine or boats components or if you do not collect this within 2 days from the time is ready for collection, Bella Marine may charge a reasonable daily storage fee.36. If you have not discharged the lien or you have not collected your boat, engine, motor, its accessories, contents and/or components within 3 months of Bella Marine notifying you that your vehicle is ready for collection, and Bella Marine has not been able to contact you despite using reasonable efforts, Bella Marine may sell or otherwise dispose of your boat, engine, motor, its accessories, contents and/or components by any reasonable method and at your expense without further notice to you.37. The proceeds of any sale or disposal of your boat, engine, motor, its accessories, contents and/or components within will be applied by Bella Marine to the payment of any money that you owe to Bella Marine. If the proceeds of the sale or disposal of your vehicle or vehicle component are:(a) not greater than the amount you owe to Bella Marine, the deficit will still be a debt owed by you to Bella Marine; or(b) greater than the amount you owe to Bella Marine, the excess (less any costs incurred by Bella Marine relating to the sale or disposal) will be paid to you or if Bella Marine is unable to pay the excess to you, the excess will be held by Bella Marine for 6 months from the date of sale or disposal after which the excess will be forfeited to Bella Marine.(c) Bella Marine will not be liable for any loss or damage you suffer as a result of Bela Marine selling or otherwise disposing of your boat, engine, motor, its accessories, contents and/or components within under this section, including any loss of any accessories or contents of the boat, motor or engine.Parts 38. Bella Marine uses genuine manufacturer spare parts where possible or quality aftermarket spare parts. If you want Bella Marine to use an alternate brand or product, Bella Marine will take reasonable action to source that part or product for you, although it may impact on the pricing and time required to complete the services.Matters beyond Bella Marine’s control39. Bella Marine will not be liable for any delay in providing the services where any such delay or failure results from events or circumstances which are outside Bella Marine’s reasonable control.Manufacturer’s extended warranty40. Some manufacturers provide extended warranties that may be negatively impacted or made void if Bella Marine provides the services for your boat, motor, engine, accessories and/or components.41. You must ensure that the Services provided, or any part of the Services, will not affect or void the extended manufacturer’s warranty.Liability42. To the maximum extent permitted by law, Bella Marine’s liability for breach of any implied or imposed guarantee, warranty or condition which cannot be excluded is restricted, at Bella Marine’s option, to:In the case of the Services supplied or offered by Bella Marine, either:(a) the re-supply of those services; or(b) the payment of the cost of having those services re-supplied;In the case of goods supplied or offered by Bella Marine, either:(c) the replacement of the goods or the supply of equivalent goods;(d) the repair of the goods;(e) the payment of the cost of having the goods replaced; or(f) the payment of the cost of having the goods repaired.43. To the maximum extent permitted by law, Bella Marine will not be liable to you or any third parties for:(a) any claim, whether that claim arises in contract, tort (including negligence) or statute;(b) any loss (including loss of profits or special, indirect, incidental or consequential loss); or(c) damage, injury or death to any person or property, arising out of or relating to the goods sold by us or the Services provided by us.Disputes44. When a dispute arises between us, you agree to comply with our dispute resolution process. To this end a party with a complaint against the other is first required to notify the other of the dispute by giving written notice specifying the nature of the dispute, the outcome required and the action believed necessary under the circumstances that will assist both in settling the dispute.45. Each party will then in good faith attempt to resolve the dispute by negotiation, and if the dispute in some aspect involves payment of money, the party withholding payment is required immediately upon receipt of the notice to deposit the disputed amount into an escrow account with instructions pertaining to the release of funds. Undisputed amounts must be paid forthwith.
Notices46. Notices must be in writing and be given personally by Express or Registered Post with delivery confirmation or by facsimile transmission or email with receipt confirmation.47. A notice, approval, consent or other communication is taken to have been received:(a) two Business Days after sending if sent by post;(b) if sent by courier, at the time indicated by the records of the courier; and(c) if sent by electronic mail, on receipt by the sender of an acknowledgment indicating that the mail item was read by the recipient.Companies48. If you are a company, we require a guarantor of your obligations.49. All principals of a company trust or partnership are required to sign a personal guarantee.50. All guarantors shall be jointly and severally liable for performance of all of the terms, covenants, and conditions of our agreements.51. You and the guarantors jointly and severally authorise us to exchange information about the creditworthiness of either yourself or the guarantors with any credit reporting agency at any time during the term of the agreement.General52. These general agreed terms apply to all transactions between us. Other documents relating to our transactions will include any specific terms and conditions.53. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.54. Bella Marine shall not be held liable for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by you arising out of a breach by Bella Marine of these terms and conditions.55. In the event of any breach of this contract by Bella Marine the remedies shall be limited to damages which under no circumstances shall exceed the Price.56. Bella Marine may license or sub-contract all or any part of its rights and obligations without consent.57. The Client agrees that Bella Marine may review these terms and conditions at any time. If, there is to be any change to these terms and conditions, then that change will take effect from the date on which Bella Marine notifies you of such change.58. The failure by Bella Marine to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect Bella Marine’s right to subsequently enforce that provision.
Notices46. Notices must be in writing and be given personally by Express or Registered Post with delivery confirmation or by facsimile transmission or email with receipt confirmation.47. A notice, approval, consent or other communication is taken to have been received:(a) two Business Days after sending if sent by post;(b) if sent by courier, at the time indicated by the records of the courier; and(c) if sent by electronic mail, on receipt by the sender of an acknowledgment indicating that the mail item was read by the recipient.Companies48. If you are a company, we require a guarantor of your obligations.49. All principals of a company trust or partnership are required to sign a personal guarantee.50. All guarantors shall be jointly and severally liable for performance of all of the terms, covenants, and conditions of our agreements.51. You and the guarantors jointly and severally authorise us to exchange information about the creditworthiness of either yourself or the guarantors with any credit reporting agency at any time during the term of the agreement.General52. These general agreed terms apply to all transactions between us. Other documents relating to our transactions will include any specific terms and conditions.53. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.54. Bella Marine shall not be held liable for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by you arising out of a breach by Bella Marine of these terms and conditions.55. In the event of any breach of this contract by Bella Marine the remedies shall be limited to damages which under no circumstances shall exceed the Price.56. Bella Marine may license or sub-contract all or any part of its rights and obligations without consent.57. The Client agrees that Bella Marine may review these terms and conditions at any time. If, there is to be any change to these terms and conditions, then that change will take effect from the date on which Bella Marine notifies you of such change.58. The failure by Bella Marine to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect Bella Marine’s right to subsequently enforce that provision.
- Qualified Marine Mechanics
- Dedicated Marine Parts Interpreters
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- Over 65+ years combined marine experience
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- Equipt mobile service vehicles & team
- Next business day spare parts dispatch
- Modern workshop
- Custom, documented servicing software
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