Terms and Conditions, looking after your boat | Evolution Marine

1. Evolution Marine have been authorised to undertake the work specified in this work order.

2. Evolution Marine does not provide insurance coverage for your watercraft, trailer, tow vehicle, accessories or any article left in or attached to the watercraft whatsoever, including when under Evolution Marine’s custody, including its agents or employees.

3. On entering these premises or authorising (whether verbally or in writing) any work to be undertaken, regardless of location, you warrant that you hold (and will provide evidence on request) a current insurance policy with adequate coverage for any and all loss or damage to your watercraft, trailer, tow vehicle, accessories or any article left in or attached to the watercraft, and you indemnify Evolution Marine, its agents and employees against any personal injury, death and property damage resulting from your negligent or unlawful acts or omissions, including where caused by dangerous or defective condition of your watercraft, trailer or tow vehicle.

4. Evolution Marine will under no circumstances be responsible for any loss or damage to your watercraft, trailer, tow vehicle, accessories or any article left in or attached to the watercraft when stored on these premises, trailered, transported, during launch and water testing or at any other stage where the watercraft and related chattels are within the custody of Evolution Marine, its agents or employees.

5. Evolution Marine excludes liability for and you irrevocably and unconditionally release Evolution Marine, its agents and employees from all claims, actions and proceedings relating to personal injury, death and property damage arising from defective or faulty parts and accessories, you or your associates entering these premises, fire, theft or any other cause beyond Evolution Marine’s reasonable control or for any delays caused by suppliers or transporters of related goods.

6. You hereby grant Evolution Marine and its experienced employees permission to transport and operate your watercraft reasonably within Port Phillip Bay, or any other waterway for the purpose of testing and/or inspection.

7. You grant Evolution Marine permission to display promotional photographs of your watercraft or accessories in the public domain.

8. Any quotations or estimate of charges and/or date of completion provided are a reasonable approximation for undertaking this work, based on the information you have provided and visual inspection (to the extent this has occurred) of the watercraft or related chattels. Unexpected complications and additional issues are inherent in watercraft servicing. Where additional parts and or labour are required, the work will be placed on hold until Evolution Marine makes successful contact with you to discuss additional work requirements and you agree (verbally or in writing) to the additional charges.

9. Quotations or estimates, including those related to additional services are strictly valid for a period of 14 days and are GST exclusive.

10. Evolution Marine reserves the right to reasonably amend any quote or estimate based on fluctuations in the costs and quantity of labour and materials required to undertake the work specified to standard which will not adversely impact the safety, legal obligations and reputation of Evolution Marine, its agents, employees and clients.

11. Payment of the invoiced amount must be made in full, without set off of any nature, on collection of your vessel or related chattels.

12. Storage fees of $15 per calendar day will apply commencing 7 days after Evolution Marine advises, or makes reasonable attempt to advise, your watercraft is ready for collection, until you collect your watercraft.

13. A repairer’s possessory lien is hereby acknowledged on your watercraft and related chattels to secure the invoiced charges, including charges for labour and or materials that you verbally authorise, if applicable. Any part, material, accessory or consumable ordered specifically for the work specified in this work order will be charged, regardless of final use, with payment subject to this general lien.

14. Evolution Marine is legally authorised to sell sufficient of the vessel and related chattels to settle any sums due after a period of 28 days from giving reasonable notice of the exercise of the possessory lien where the vessel remains uncollected or payment in full is not made, such sale will be as agent for the Customer or the owner of the vessel and related chattels if different.