In these Terms, when we sayyouoryour, we mean both you and any entity you are authorised to represent (such as your employer). It is your responsibility to check the order details, including selected Goods, suitability of the Goods, delivery details and pricing, before you accept our Quote. When we saywe, us,orour, we mean Oceanic Superyacht Services Pty Ltd (ACN 680 967 695). We and you are each aPartyto these Terms, and together, theParties.
These Terms form our contract with you and sets out our obligations as a service provider and your obligations as a customer. You cannot use our Services or purchase our Goods unless you agree to these Terms. Some capitalised words in these Terms have defined meanings, and each time that word is used in these Terms it has the same meaning. You can find a list of the defined words and their meaning at the end of these Terms. For questions about these Terms, or to get in touch with us, please email: admin@oceanicsys.com.au
These Terms were last updated on 11 July 2025.
OUR DISCLOSURES
Please read these Terms carefully before you accept. We draw your attention to:
● our privacy policy (on our website) which sets out how we will handle your personal information; and
● clause 7 (Liability) which sets out exclusions and limitations to our liability under these Terms.
These Terms do not intend to limit your rights and remedies at Law, including any of your Consumer Law Rights.
TERMS AND CONDITIONS
1. Supply of Goods and Services
1.1 These Terms apply from the Commencement Date, until the date the Services are completed, or we have completed the supply of the Goods to you (as reasonably determined by us).
1.2 In consideration of your payment of the Fees, we will provide the Goods and Services (as applicable) in accordance with these Terms, whether ourselves or through our Personnel.
1.3 If these Terms express a time within which the Goods and Services (as applicable) are to be supplied, we will use reasonable endeavors to provide the Goods and Services (as applicable) by such time, but you agree that such time is an estimate only.
1.4 All variations to the Goods or Services must be agreed in writing between the Parties and will be priced in accordance with any schedule of rates provided by us, or otherwise as reasonably agreed between the Parties. If we consider that any instructions or directions from you constitute a variation to the nature of the Goods or the scope of the Services or our obligations under these Terms, then we will not be obliged to comply with such instructions or directions unless agreed in accordance with this clause.
1.5Validity of Quotes: All Quotes provided by us are valid for 30 days from the date of issue, unless otherwise specified in writing. After this period, Quotes are subject to review and may be adjusted due to changes in supplier costs, availability, freight charges, duties, or exchange rate fluctuations.
1.6 If we are responsible for delivering the Goods to you, we will use reasonable endeavours to deliver the Goods by the time agreed between the Parties, and risk in the Goods will pass to you once we have delivered the Goods to the agreed delivery location. You will be responsible for the costs of delivery.
1.7 If you are responsible for collecting the Goods from us, you must collect the Goods by the time agreed between the Parties, and risk in the Goods will pass to you once you have collected the Goods from the agreed collection location. You will be responsible for the costs of collection.
1.8 You must inspect the Goods upon delivery or collection and notify us in writing within 48 hours of any damages, defects or shortages. To the maximum extent permitted by law and without limiting your Consumer Law Rights, failure to provide such notice within 48hours will constitute acceptance of the Goods in good condition and in accordance with this Agreement.
1.9 Goods not collected within 14 days of notification that they are ready for collection, may incur storage fees of $25 excl. GST per day as a genuine pre estimate of the loss we will suffer as a result of your failure to collect the Goods. This will become a debt due and immediately payable. We may dispose of or resell Goods uncollected after 28 days, as permitted by law. Proceeds will be used to offset any outstanding Fees after deducting handling and storage costs.
1.10 Title in the Goods will only pass to you on the date that you pay the relevant Fees in full in accordance with these Terms.
1.11 Where Goods are supplied to you without payment in full, you:
(a) are a bailee of the Goods until title in them passes to you;
(b) irrevocably appoint us to be your attorney to do all acts and things necessary to ensure our retention of title to the Goods, including the registration of any security interest in our favour with respect to the Goods; and
(c) must not allow any other person to have or acquire any security interest in the Goods without our prior written consent.
1.12 We do not accept returns for change of mind or other circumstances. This clause 1.12 does not affect your rights to a repair, replacement or refund under the Australian Consumer Law.
1.13 Where we supply you with Goods from third parties, these may come with warranties against defects from those third parties (which we will pass on to you), but we provide no other warranty in respect of such Goods unless otherwise set out in the Quote.
2. Your Obligations
2.1 You agree to (and to the extent applicable, ensure that your Personnel agree to):
(a) comply with these Terms, all applicable Laws, and our reasonable requests;
(b) provide us (and our Personnel) with access to any premises specified in a Quote (and its facilities) and any other premises as is reasonably necessary for us to provide our Goods and Services, free from harm or risk to health or safety at the times and on the dates reasonably requested by us or as agreed between the Parties;
(c) provide us with all documentation, information, instructions, cooperation and access reasonably necessary to enable us to provide our Goods and Services; and
(d) not (or not attempt to) disclose, or provide access to, our Goods and Services to third parties without our prior written consent.
2.2 You agree to pay our additional costs reasonably incurred as a result of you failing to comply with this clause 2.
3. Fees and Payment
3.1 In consideration for us providing the Goods and Services (as applicable), you agree to pay all amounts due under these Terms in accordance with the Payment Terms.
3.2 If any payment has not been made in accordance with the Payment Terms, we may (at our absolute discretion, and without prejudice to any of our rights or remedies under these Terms or at Law):
(a) after a period of 5 Business Days from the relevant due date, cease supplying our Goods and Services, and recover, as a debt due and immediately payable from you, our reasonable additional costs of doing so (including all recovery costs);
(b)charge interest at a rate equal to the Reserve Bank of Australia’s cash rate, from time to time, plus 2% per
annum, calculated daily and compounding monthly, on any such amounts unpaid after the relevant due date in accordance with the Payment Terms; and/or
(c)enter any premises where the unpaid Goods are stored or held, for the purpose of retrieving and taking possession of those Goods, and you agree to provide any access, items and consents required to enable us to do so.
3.3 For international payments, all bank fees and charges must be paid by the remitter. The full Fees must be received by us without any deductions. You are responsible for paying any taxes imposed by any government authority relating to your acquisition of the Goods, including but not limited to any customs tax, excise tax, sales tax, use tax, or value added tax.
3.4 When applicable, GST payable will be clearly shown on our invoices. You agree to pay us an amount equivalent to the GST imposed on these charges. “GST” has the meaning given inA New Tax System (Goods and Services Tax) Act 1999(Cth).
4. Intellectual Property
4.1Our ownership: All intellectual property (IP) that we create or bring into existence as part of the Services or supply of Goods is owned by us. This includes anything developed, designed, or discovered during our work.
4.2Your use of our IP: We give you permission (a licence) to use the IP we create or provide as part of the Services or supply of Goods. You can use it only for your business and you can’t transfer this permission to others.
4.3Our pre-existing IP: We retain ownership of any IP that we already own prior to these Terms or that we create independently to these Terms. We grant you a non-transferable, non-exclusive license to use this pre-existing IP as necessary for your business operations, in connection with the Services or supply of Goods we provide under these Terms
4.4Your IP: Any IP you provide to us for the Services or supply of Goods remains yours. You give us permission to
use this IP only to supply the Services or supply the Goods.
4.5 This clause 4 will survive termination or expiry of these Terms.
5. Confidential Information
5.1 Subject to clause 5.2, each Party must (and must ensure that its Personnel do) keep confidential, and not use or permit any unauthorized use of, confidential information provided by the other Party.
5.2 Clause 5.1 does not apply where the disclosure is required by Law or the disclosure is to a professional adviser in order to obtain advice in relation to matters arising in connection with these Terms and provided that the disclosing Party ensures the adviser complies with the terms of clause 5.1.
5.3 This clause 5 will survive the termination of these Terms.
6. Australian Consumer Law
6.1 Certain legislation, including the Australian Consumer Law, and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the supply of our Goods and Services by us to you which cannot be excluded, restricted or modified (Consumer Law Rights). To the extent that you maintain Consumer Law Rights at Law, nothing in these Terms excludes those Consumer Law Rights.
6.2 Subject to your Consumer Law Rights, we provide all material, work, goods and services (including our Goods and Services) to you without conditions or warranties of any kind, implied or otherwise, whether in statute, at Law or on any other basis, except where expressly set out in these Terms.
6.3 This clause 6 will survive the termination or expiry of these Terms.
7. Liability
7.1 Despite anything to the contrary but subject to your Consumer Law Rights, to the maximum extent permitted by Law:
(a) neither Party will be liable for Consequential Loss;
(b) a Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party (or any of its Personnel), including any failure by that other Party to mitigate its loss; and
(c) in respect of any failure by us to comply with relevant Consumer Law Rights, our Liability is limited (at our discretion) to:
(i) replacing the Goods or the supply of equivalent Goods, or the payment of the cost of replacing the Goods or of supplying equivalent Goods;
(ii) repairing the Goods, or the payment of the cost of having the Goods repaired; or
(iii) supplying the Services again or paying the cost of having the Services supplied again; and
(d) our aggregate liability for any Liability arising from or in connection with these Terms will be limited to the Fees paid by you to us in respect of the supply of the relevant Goods and Services to which the Liability relates.
7.2 To the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with:
(a) the failure of any components or parts that were not supplied by us under these Terms;
(b) any installation costs, including but not limited to labour, materials, or other expenses associated with the installation, removal, or reinstallation of any components or parts or Goods; or
(c) any damages arising from the Goods being stored, used, handled, or installed (other than by us) contrary to our recommendations and instructions or any manufacturer’s recommendations and instructions.
7.3 This clause 7 will survive the termination or expiry of these Terms.
8. Term and Termination
8.1 This Agreement will operate for the Term.
8.2 These Terms will terminate immediately upon written notice by a Party (Non-Defaulting Party) if:
(a) the other Party (Defaulting Party) breaches a material term of these Terms and that breach has not been remedied within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or
(b) the Defaulting Party goes bankrupt, insolvent or is otherwise unable to pay its debts as they fall due.
8.3 Upon expiry or termination of these Terms:
(a) you are to pay for all Goods and Services supplied prior to termination, including Goods and Services which have been supplied and have not yet been invoiced to you, and all other amounts due and payable under these Terms;
(b) you agree to grant us such rights of access to any premises where the Goods are located to allow us (or our Personnel) to recover or repossess any Goods which we retain title to;
(c) by us pursuant to clause 8.2, you also agree to pay us our additional costs, reasonably incurred, and which arise directly from such termination (including recovery fees); and
(d) we may retain your documents and information (including copies) to the extent required by Law or pursuant to any information technology back-up procedure, provided that we handle your information in accordance with clause 5.
8.4 Unless otherwise agreed between the Parties, if these Terms are terminated:
(a) by us, then any current Quote will also terminate on the date of termination, and we will immediately cease supplying our Goods and Services; or
(b) by you, then any outstanding Quote will continue in accordance with the terms of the Quote (and these Terms) until such time as the Quote is complete or the Quote is otherwise terminated in accordance with its terms.
8.5 Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.
8.6 This clause 8 will survive the termination or expiry of these Terms.
9. General
9.1Amendment:Subject to clause 1.4, these Terms may only be amended by written instrument executed by the Parties.
9.2Assignment:Subject to clauses 9.3 and 9.10, a Party must not assign, novate or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld).
9.3Assignment of Debt:You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with these Terms, to a debt collector, debt collection agency, or other third party.
9.4Disputes:A Party may not commence court proceedings relating to any dispute arising from, or in connection with, these Terms (Dispute) without first meeting a representative of the other Party within 10 Business Days of notifying that other Party of the Dispute. If the Parties cannot resolve the Dispute at that meeting, either Party may refer the Dispute to mediation administered by the Australian Disputes Centre.
9.5Force Majeure:Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event, provided that the Party seeking to rely on the benefit of this clause:
(a) as soon as reasonably practical, notifies the other Party in writing details of the Force Majeure Event, and the extent to which it is unable to perform its obligations; and (b) uses reasonable endeavours to minimise the duration and adverse consequences of the Force Majeure Event. Where the Force Majeure Event prevents a Party from performing a material obligation under these Terms for
a period in excess of 60 days, then the other Party may by notice terminate these Terms, which will be effective immediately, unless otherwise stated in the notice. This clause will not apply to a Party’s obligation to pay any amount that is due and payable to the other Party under these Terms.
9.6Governing Law:These Terms are governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought
in those courts.
9.7Notices:Any notice given under these Terms must be in writing addressed to the relevant address last notified by the recipient to the Parties in accordance with this clause. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
9.8Publicity:Despite clause 5, with your prior written consent, you agree that we may advertise or publicise the broad nature of our supply of our Goods and Services to you, including on our website or in our promotional material.
9.9Relationship of Parties:These Terms are not intended to create a partnership, joint venture, employment or agency relationship between the Parties.
9.10Subcontracting:We may subcontract the supply of any part of our Goods and Services without your prior written consent. We agree that any subcontracting does not discharge us from any liability under this these
Terms of our subcontractor.
10. Definitions
In these Terms, unless the context otherwise requires, capitalised terms have the meanings given to them as follows:
ACLorAustralian Consumer Lawmeans the Australian consumer laws set out in Schedule 2 of theCompetition and Consumer Act2010 (Cth), as amended, from time to time.
Business Daymeans a day on which banks are open for general banking business in Rozelle, New South Wales, excluding Saturdays, Sundays and public holidays.
Commencement Date means the date that you accept the Quote.
Consequential Lossincludes any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. However, your obligation to pay us the Fees will not constitute “Consequential Loss”.
Consumer Law Rightshas the meaning given in clause 6.1.
Feesmeans the fees set out in each Quote, as adjusted in accordance with these Terms.
Force Majeure Eventmeans any event or circumstance which is beyond a Party’s reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.
Goodsmeans the goods to be supplied as set out in each Quote, as adjusted in accordance with these Terms.
Intellectual Property RightsorIntellectual Propertymeans any and all existing and future rights throughout the world conferred by statute, common law, equity or any corresponding law in relation to any copyright, designs, patents or trade marks, domain names, know-how, inventions, processes, trade secrets or confidential information, circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing, whether or not registered or registrable.
Lawmeans all applicable laws, regulations, codes, guidelines, policies, protocols, consents, approvals, permits and licences, and any requirements or directions given by any government or similar authority with the power to bind or impose obligations on the relevant Party in connection with these Terms or the supply of our Goods and Services.
Liabilitymeans any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to these Terms or otherwise.
Moral Rights has the meaning given in theCopyright Act 1968 (Cth) and includes any similar rights in any jurisdiction in the world.
Payment Terms means the timings for payment of the Fees and any other amounts payable under these Terms, as set out in the Quote.
Personal Information means any information or opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a tangible form or not.
Personnelmeans, in respect of a Party, any of its employees, consultants, suppliers, subcontractors or agents, but in respect of you, does not include us.
Quote means the document to which these Terms are attached or incorporated for the supply of our Goods and Services.
Services means the services set out in the Quote as adjusted in accordance wit these Terms.
Terms means these terms and conditions and any agreed Quote issued under it and any documents attached to, or referred to in, each of them.