ACN 010 639 924
8/119 Colburn Ave
Victoria Point QLD 4165
General Terms and Conditions of Engagement – Pacific Tug and related entities
STANDARD TERMS AND CONDITIONS FOR SUPPLY OF SERVICES
In this document the following words shall have the following meanings:
1.1 “Customer” means any person who purchases Services from the Supplier;
1.2 “Cyber Security Incident” means an unwanted or unexpected cyber security event or series of events (including a breach of cyber security or a failure of cyber security safeguards in place) that have a significant probability of compromising business operations.
1.3 “Services” means any towage, movement, transport, repairs, labour, or work whatsoever, or any form of supply of material or equipment made by the Supplier to the Customer.
1.4 “Supplier” means any member of the Pacific Tug Group
1.5 “Pacific Tug Group” means Pacific Tug (Aust) Pty Ltd, or any of its subsidiaries or affiliate entities as noted in contracts or agreements, whether written or oral, from time to time;
1.6 “Terms and Conditions” means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier.
2.1 These Terms and Conditions shall apply to all contracts, agreements, or arrangements for the supply of Services by the Supplier to the Customer, whether in writing or oral, and shall prevail over any other documentation or communication from the Customer.
2.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.
2.3 In the event of any inconsistency between these Terms and Conditions and any specific terms of a separate formal written contract, then the specific terms of the formal contract will prevail.
3. PRICING AND PAYMENT
3.1 Unless agreed otherwise in writing:
• all pricing is quoted exclusive of GST; and
• all monies payable to the Supplier must be paid in full within 14 days of the date of an invoice; and
• the Customer must contact a known representative at the Pacific Tug Group prior to making payment of any monies payable to verify that the bank details provided are correct and have not been altered or intercepted as a result of a Cyber Security Incident; and
• if the Supplier has requested a deposit, no work shall commence until such deposit has been paid.
4. OVERDUE PAYMENTS AND INTEREST
4.1 In the event that any monies payable by a Customer to the Pacific Tug Group are not paid in accordance with clause 3.2 of these Terms and Conditions, the Pacific Tug Group may charge the Customer interest on the full amount outstanding.
4.2 Interest will be charged from the date that the payment was due until the date that payment is received.
4.3 Interest will be charged daily at the current Queensland Law Society standard contract default rate.
4.4 The Customer will be liable to pay to the Pacific Tug Group any and all expenses, including reasonable legal costs and debt recovery costs, incurred in relation to recovery of any amounts overdue under the respective contract, agreement or arrangement in place.
5. MUTUAL OBLIGATIONS
To enable the Parties to perform their obligations, each party shall:
5.1 Co-operate with the other party;
5.2 Provide the other party with any information reasonably required;
5.3 Keep the other party notified of their correct name, postal address and any phone, fax or e-mail information.
5.4 Any Services supplied will be done so with reasonable skill and care, and to a reasonable standard in accordance with recognised standards and codes of practice.
5.5 The Supplier accepts all responsibility for the condition of vessels, tools and equipment used in the performance of the Services.
5.6 The parties agree to comply with such other requirements as agreed between the parties.
6. LIMITATION OF LIABILITY
6.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury. However, the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the scope of the Services.
6.2 The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit or other economic loss suffered by the Customer howsoever caused.
6.3 Except as might otherwise be required by statute, any damages payable by the Supplier in relation to the Services shall not exceed the value of the Services as quoted.
7.1 The Customer agrees to pay an administrative fee to the Supplier in the event the Customer cancels any agreed service without reasonable notice.
7.2 For the purpose of clause 6.1, reasonable notice will be determined by Pacific Tug Group with regard to the nature and scope of the Services and the level of preparation required to allocate resources to perform the Services.
7.3 For the purpose of clause 6.1, the administrative fee will be calculated at 10% of the cost value of the Services as reasonably calculated by Pacific Tug Group.
8 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
9 THE SUPPLIER’S PROPERTY
9.1 The contents of the Supplier’s website may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means without the prior express written permission of the Supplier.
9.2 Any tool, equipment, component, material, vessel, or property in general of the Supplier used in connection with the Services remains the property of the Supplier unless such item is paid for and the Supplier specifically consents to its sale and the passing of title in writing.
9.3 The Customer agrees to reimburse the Supplier for any reasonable costs incurred in recovering the Supplier’s property.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed, with the invalid, illegal or unenforceable provision eliminated.
11 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of Queensland and the parties hereby submit to the exclusive jurisdiction of the Queensland courts.