Terms & Conditions

Terms & Conditions

Great by day - Magic by night

This agreement (“Agreement”) is made between WESTERN PORT MARINA PTY LTD (ABN 19 006 102 736) of 21 Skinner Street, Hastings, 3915, Victoria (“WPM”), being the owner and operator of the Westernport Marina at Hastings (“the Marina”) AND the person referred to at item 1 (“the Occupier”)

  1. A reference to an Item in this Agreement is a reference to an Item in the Schedule on the reverse hereof and a reference to the Space is a reference to the wet berth, dry berth or hard stand in the Marina as specified in item 2 (“the vessel information section”).
  2. The rights granted to the Occupier in the Agreement rest in contract only, are non-assignable and do not create any tenancy or other estate or interest in the Space or the Marina.
  3. The occupier warrants that the occupier is the owner of the Vessel or is legally entitled to use the Vessel.
  4. In consideration of payment in advance by the occupier to WPM of the amount set out in item 1 (“the berthing fee”), WPM grants to the occupier a non-exclusive right to store the ship, boat, yacht or vessel described in item 2 (“the Vessel”) (and only that vessel) in the space for that period set out in item 3 (“ Payment Details”).
  5. WPM will not unreasonably interfere with or disturb the occupiers use of space. However, WPM may at any reasonable time enter the Space to view its state of repair or conditions and that of the Vessel, or to affect any repair to or maintenance of the Space that is reasonably necessary.
  6. The occupier must ensure that all required licences, registrations and surveys for the Vessel are kept current and that the Vessel (and all her gear, equipment and contents) is insured for complete marine cover including its market value and public liability claims of not less than $5,000,000 for a single incident. The occupier must promptly provide evidence of the currency of such insurance policy on request by WPM. The occupier must not do or permit anything which may prejudice the rights of WPM under any insurance policy.
  7. All electrical equipment must be tested and tagged every 12 months including any occupier tools that would be used for repairs, at the cost of the occupier.
  8. All wet berth occupiers are required to have a Clipsal Top Straight Plug 15 amp when using an electrical lead on the main walkway. It must be a threaded type 15A PLUG fitted to the lead to meet the standards of the marina otherwise any damage resulted to the marinas equipment will become the problem of the tenant of the boat pen.
  9. While an occupier has a vessel in dry storage, the marina offers a service of washing, flushing, retrieving/launching and placement of the vessel. However, we are ultimately acting as an agent for the occupier and any unforeseen damages will be the responsibility of the occupier and their insurance.
  10. All Owner’s and any owner organized contractors must complete and sign all relevant induction documents
  11. Any time an owner is in the work yard they must wear a hi-vis vest/top and closed in footwear at all times.
  12. WPM may temporarily or permanently relocate the Vessel to another space in the Marina on reasonable notice (which is not required in an emergency) but otherwise entirely at the discretion of WPM (which shall not be required to justify or explain its decision).
  13. The occupier must ensure that the vessel remains within the boundaries of the space allocated by WPM and that it does not encroach beyond such boundaries. The occupier must not undertake any repairs of or make any alterations to the space without WPM’s prior written consent.
  14. Discharge of effluent into the marina waters will constitute a breach of agreement and could lead to your eviction from the marina.
  15. WPM may (in its absolute discretion and without being required to explain or justify its decision) terminate this Agreement without reasonable notice to the occupier if the occupier breaches any material provision of this agreement (including non-payment of Berthing Fees whether demanded or not), in which case the Berthing Fee for the unexpired part of the Term shall not be refundable or reduced. Any monies owning under this agreement will become immediately due and payable to WPM in the event of such termination and the occupier shall have no rights to compensation.
  16. WPM may (in its absolute discretion and without being required to explain or justify its decision) terminate this Agreement upon reasonable notice to the occupier in circumstances where the occupier is not in breach of any material provision of this Agreement. If this occurs WPM shall refund that part of the Berthing Fee that has been paid and that may be reasonably apportioned for the unexpired part of the Term and the Occupier shall have no rights to compensation.
  17. If the occupier terminates this Agreement or permanently removes the Vessel from the Marina during the term, WPM shall not be required to refund any part of the Berthing Fee that has been paid and any unpaid Berthing fee shall immediately become due and payable.
  18. Upon termination of this Agreement the occupier must return to the WPM all keys and passes issued to the occupier, vacate the space, leave it clean and in a state of good repair and remove all the occupier’s property from the space.
  19. If the occupier fails to remove the Vessel from the Marina within a reasonable time after the termination of this Agreement or fails to pay any money owing to WPM (whether under this agreement or otherwise) 13.1: -WPM may, in its absolute discretion (at the cost of the occupier), move the Vessel to another area in the Marina (including from a wet berth to a hard stand or otherwise) or padlock the Vessel within the Marina; and 13.2: -The berthing fee shall continue to be due and payable save and except that the Berthing Fee shall be varied to reflect WPM’s advertised casual rate.
  20. WPM shall have a lien over the Vessel and all its gear, equipment and contents for all amounts due by the occupier to WPM under this Agreement or for any other reason. This lien will ensure for the benefit of the WPM notwithstanding the termination of this Agreement. In order to secure the lien, the Occupier agrees to not remove the Vessel from the Marina without consent of the WPM during any period in which the Berthing Fee or any other amounts owning to WPM remain unpaid.
  21. WPM may charge interest at 10% per annum above the rate prescribed from time to time pursuant to the penalty interest act 1983 on any Berthing fees or other monies due by the occupier to WPM and unpaid for 7 days, calculated daily, until such monies have been paid to WPM.
  22. Where any amount due under this Agreement or otherwise is due and unpaid for three (3) months from the date on which it becomes due and payable or the occupier has abandoned the Vessel in the Marina, WPM may sell the Vessel (whether by private sale or public auction) and apply the proceeds, firstly, in meeting the cost incurred in making the sale and, secondly, in offsetting any amounts due and payable to WPM and, thirdly, paying the balance to the occupier. The occupier unconditionally and irrevocably appoints WPM the duly constituted attorney of the occupier for the purposes of the sale of the Vessel and the application of the proceeds.
  23. If where any outstanding monies is overdue for more than 90 days, WPM may refer the outstanding debt to a third party for collection. All fees and any other costs from the third party will be payable by the occupier as well as the original debt and any interest.
  24. The occupier may store the Vessel in the space entirely at the occupier’s sole risk and WPM shall not be liable for the care or protection of the Vessel (including its gear, equipment or contents). The occupier acknowledges that no promise or warranty is given by WPM regarding the sufficiency or efficiency of the Marina facilities or that the space is or will be fit, suitable or adequate for the occupier’s use.
  25. The occupier agrees to hold WPM harmless and to indemnify WPM and to keep WPM indemnified against all claims, cost, suits, actions, proceedings and liability incurred by reason of any act or omission on the part of the occupier (or the occupier’s agents, employees and guests) in the use of the Vessel or the facilities of the Marina. The occupier must give immediate written notice to WPM of any relevant loss, injury, damage, accident or incident.
  26. The occupier (and the occupier’s agents, employees and guests) may use the common areas at the Marina for purposes for which they are intended but must not obstruct the said common areas in any way. The occupier (and the occupier’s agents, employees and guests) must always comply with all the rules of Westernport Marina as notified or published from time to time (the current rules are set out on the reverse hereof). The occupier (and the occupier’s agents, employees and guests) must follow all reasonable directions of WPM in relation to the Vessel, the space or the general use of the Marina. Any failure to comply with the rules or to follow the reasonable directions of WPM will constitute a breach of this Agreement.
  27. WPM (including any entity acting on its behalf) may give any notice to the Occupier under this Agreement by email to the Occupier’s email address specified in item 1, and such email shall be deemed received by the Occupier at the time of sending (as recorded on the device from which the email was sent), unless the sender receives an automated message that the email has not been delivered to the Occupier’s email address.
  28. The grant by WPM to the occupier of the rights created under this Agreement constitute the making of a taxable supply for a consideration for the purposes of A new tax system (Goods and Services Tax) act 1999 (as amended) and the occupier must also pay, at the same time and in the same manner as the Berthing Fee or any other amount is otherwise payable under this Agreement, the amount of any GST payable in respect of the taxable supply.
  29. These Terms and Conditions and the Rules of the Westernport Marina are binding upon all Marina users and shall not be altered or amended in any way whatsoever unless any alteration or amendment is authorised and signed by a Director of Westernport Marina Pty Ltd.