TERMS AND CONDITIONS OF TRADE

 

These Terms and Conditions apply to all services supplied by Quay Pro Boat Detailing, referred to in these Terms
as “Quay Pro”, “we”, “us” or “our”.
“Customer”, “you” and “your” means the person, company, vessel owner, agent, skipper, manager or other party
requesting or authorising the Services.
“Vessel” means the boat, launch, yacht, trailer boat, tender or other marine craft, together with any surfaces,
fittings, equipment or contents upon which we are authorised to work.
By accepting a quote, approving work by email, text message or telephone, paying a deposit, giving us access to
the Vessel or allowing work to commence, you accept these Terms and Conditions.

1. Nature of our services

Quay Pro provides marine detailing and cosmetic maintenance services.
Depending on the agreed scope, these services may include:
• Washing and general exterior detailing.
• Polishing and waxing.
• Cutting and paint or gelcoat correction.
• Oxidation reduction.
• Protective treatments.
• Stainless steel cleaning and polishing.
• Teak cleaning, treatment and oiling.
• Window and glass treatment.
• Water repellent coatings.
• Interior cleaning and conditioning.
• Engine room cleaning.
• Maintenance detailing.
• Other associated marine detailing services agreed with you.
Quay Pro does not provide structural repairs, mechanical repairs, electrical repairs, glazing repairs, repainting,
gelcoat repairs, seal replacement, marine surveying or diagnosis of the underlying condition of the Vessel.

2. Quotes are based on the information available

Quotes are prepared using the information reasonably available to us when the quote is provided.
This may include photographs, descriptions supplied by the Customer, visual inspection or previous knowledge of
the Vessel.

A quote may not reveal the true condition of a surface.

Once work begins, we may discover conditions which were not reasonably apparent beforehand.
These may include:
• Heavy oxidation or UV deterioration.
• Thin or failing gelcoat.
• Paint deterioration.
• Different paint systems on the same Vessel.
• Previous repainting or repairs.
• Poorly bonded coatings.
• Existing machine polishing damage.
• Burn through.
• Fading.
• Chalkiness.
• Surface porosity.
• Cracking.
• Crazing.
• Delamination.
• Brittle or failed silicone and sealants.
• Loose fittings.
• Aged acrylic or polycarbonate.
• Glass etching.
• Hard water deposits.
• Mineral staining.
• Corrosion.
• Pitting.
• Damaged or deteriorated stainless steel.
• Weathered teak.
• Previously applied oils, sealers or coatings.
• Mould or staining which has penetrated a surface.
• Adhesive residue.
• Existing scratches, chips, dents or other defects.

The Customer accepts that these conditions may change the work required, the time required and the result
reasonably achievable.

3. No guarantee of cosmetic outcome

Marine detailing is carried out on existing surfaces which have been exposed to UV light, salt, water, weather,
cleaning chemicals, previous maintenance and normal ageing.

Because we do not manufacture or control those surfaces, Quay Pro does not guarantee that any particular
cosmetic result can be achieved.

Unless expressly agreed by us in writing, we do not guarantee:
• Complete removal of oxidation.
• Complete removal of hard water staining.
• Complete removal of scratches.
• Complete removal of stains.
• Complete removal of corrosion or pitting.
• A perfectly uniform gloss.
• Removal of haze.
• Exact colour matching.
• Restoration to a new or factory condition.
• Restoration of previously damaged paint or gelcoat.
• Removal of defects beneath the surface.
• Permanent protection from UV deterioration.
• Permanent water repellency.
• A specific lifespan for waxes, sealants or protective treatments.
• That further deterioration will not become visible after cleaning or polishing.

The purpose of our work is to improve, clean, correct or protect the existing surface to the extent reasonably
achievable using the Services authorised by the Customer.

The appearance of a surface may also vary depending on lighting, viewing angle, surface colour, age, previous
repairs and surrounding reflections.

4. Polish and wax is not the same as paint correction

A polish and wax service is not a guarantee of complete surface correction.

A heavily oxidised, faded, UV damaged or deteriorated surface may require:
• Heavy cutting.
• Compounding.
• Multiple correction stages.
• Fine polishing.
• Wet sanding.
• Paint or gelcoat repair.
• Repainting.

Those services are separate from a standard polish and wax unless they are specifically included in the written
quote.

If a polish and wax improves a surface but remaining haze, oxidation, discolouration or other defects are still
visible, this does not by itself mean that the agreed service has been performed incorrectly.

Where we believe further correction may improve the surface, we may recommend additional work.
Any such recommendation does not mean the original work was defective.

5. Severely deteriorated surfaces

Some surfaces may have reached a condition where detailing is no longer an appropriate method of restoration.

We may recommend repainting, re gelcoating, repair, replacement or specialist assessment.

Such a recommendation does not constitute an admission that our services have failed.

Detailing may reveal defects that were previously hidden by dirt, oxidation, staining, old wax, coatings or other
contamination.

Quay Pro is not responsible for the underlying condition of the Vessel merely because that condition becomes
more visible during or after detailing.

6. Right to stop or alter a process

Our team may stop, change or decline any particular process if we reasonably believe continuing could damage
the Vessel or surrounding components.

This includes situations involving:
• Brittle seals.
• Failing silicone.
• Cracked sealant.
• Loose fittings.
• Weak paint.
• Thin paint or gelcoat.
• Damaged glazing.
• Aged acrylic.
• Delaminating coatings.
• Structural deterioration.
• Electrical equipment.
• Water ingress risk.
• Unsafe access.
• Any other condition creating an unreasonable risk.

We do not have to carry out a process merely because it was initially discussed or contemplated where conditions
discovered on site make that process unsafe or inappropriate.

Where practical, we will discuss the issue with the Customer.
Safety and protection of the Vessel take priority over attempting to achieve a cosmetic result.

7. Windows, glazing and water spots

A standard window clean or water repellent treatment does not include glass restoration or guaranteed removal of
hard water deposits unless specifically stated in the quote.

Water repellent treatments are designed principally to change the behaviour of water on the treated surface.

They do not necessarily remove:
• Mineral deposits.
• Hard water spotting.
• Etching.
• Scratches.
• Clouding.
• UV deterioration.
• Chemical damage.
• Damage within glass, acrylic or polycarbonate.

More aggressive glass correction may require machine polishing or other specialist processes.

We may decline to undertake those processes where seals, frames, glazing or surrounding materials are
deteriorated or where we believe there is a risk of damage.

8. Teak

Teak is a natural material.

Its colour, grain, age, previous treatments and exposure can affect the final result.

Cleaning may reveal staining, fading, repairs, worn grain, raised fibres, previous sanding, adhesive contamination
or other imperfections.

Quay Pro cannot guarantee exact colour uniformity across teak.

Teak oil, sealers and protective products will weather over time.

Their lifespan will vary according to sun exposure, salt exposure, washing, boat use and environmental conditions.

9. Stainless steel and metal surfaces

Cleaning or polishing stainless steel or other metals may improve staining, oxidation and appearance.

It does not guarantee removal of:
• Deep corrosion.
• Pitting.
• Permanent staining.
• Surface damage.
• Scratches.
• Rust originating from another component.
• Defects caused by inferior or contaminated metal.

Results will depend upon the existing condition and composition of the material.

10. Paint, gelcoat and previous repairs

The Customer acknowledges that Quay Pro may not be able to determine the complete history of the Vessel’s
coatings before starting work.

Different areas may contain:
• Original gelcoat.
• Factory paint.
• Repainted areas.
• Touch ups.
• Repair coatings.
• Clear coatings.
• Ceramic coatings.
• Previously compounded surfaces.

These surfaces can respond differently to identical polishing methods.

Quay Pro is not responsible for variation caused by differing existing paint systems, previous repairs or unknown
previous treatments unless loss or damage results directly from our failure to exercise reasonable care and skill.

11. Customer disclosure obligations

Before work begins, the Customer must tell us about anything reasonably relevant to the Services.

This includes known:
• Repainting.
• Gelcoat repairs.
• Previous paint correction.
• Thin coatings.
• Existing leaks.
• Damaged seals.
• Loose fittings.
• Cracks.
• Water ingress.
• Electrical faults.
• Fragile components.
• Previously damaged windows.
• Known chemical sensitivity.
• Ceramic or protective coatings.
• Recent repairs.
• Any other unusual feature or known defect.

We are entitled to rely on information supplied by the Customer.

Quay Pro is not responsible for additional work, delay or problems caused by relevant information being withheld
or not disclosed.

12. Test areas

Where appropriate, Quay Pro may undertake a small test area before proceeding with correction work.

A test area is intended to assess likely surface response.

It does not guarantee that the remainder of the Vessel will react in exactly the same manner.
Marine surfaces may differ across the same Vessel.

13. Variations and additional work

If we discover that additional work is reasonably required, we may recommend a variation.

We will seek Customer approval before carrying out material additional chargeable work wherever reasonably
practicable.

Approval may be given verbally, by text message, email or other electronic communication.

Additional work will be charged at the agreed price or, where no specific price has been agreed, at our normal
applicable rate plus products, consumables, travel and other direct costs.

We are not obliged to perform additional work simply because it becomes apparent during the original service.

14. Access to the Vessel

The Customer must provide safe and reasonable access to the Vessel.

The Customer is responsible for obtaining any permission required from marinas, boatyards, property owners,
harbour authorities or other relevant parties.

The Customer must inform us of any site restrictions before attendance.

Any marina charges, parking charges, access fees, permits, haul out charges or similar costs associated with the
work may be charged to the Customer unless otherwise agreed.

15. Water and electricity

Where the service reasonably requires water or electrical supply at the Vessel, the Customer must ensure these
are safely available unless another arrangement has been agreed.

Any unsafe power supply, damaged lead, unsafe dock connection or other hazard may result in work being
suspended.

16. Personal belongings

The Customer should remove or secure valuables and personal belongings before work begins.

We are not responsible for loss of unattended cash, jewellery, electronics or personal belongings which are not
reasonably connected with the Services, except where liability cannot lawfully be excluded.

17. Photographs and condition records

Quay Pro may photograph or record the Vessel before, during and after the Services for recording the pre existing
condition, recording work undertaken, quality control, insurance purposes, managing disputes and maintaining
business records.

Any use of identifiable Vessel photographs for advertising or promotional purposes should be separately
authorised by the Customer where appropriate.

18. Weather and environmental conditions

Marine detailing is weather dependent.

Rain, strong winds, extreme heat, cold, salt spray, marina activity, water restrictions and other environmental
conditions may affect our ability to work safely or achieve a suitable finish.

Scheduled dates are estimates unless expressly agreed otherwise.

We may postpone, suspend or reschedule work where conditions are unsuitable.

Quay Pro is not responsible for reasonable delays caused by conditions outside our control.

19. Protection products

Waxes, sealants, water repellents and other protective products are sacrificial products.

Their durability depends upon circumstances outside our control including UV exposure, salt water exposure, fresh
water washing, cleaning products used after our service, frequency of Vessel use, storage, weather, surface
condition, previous coatings and maintenance.

Any expected durability we provide is an estimate only unless expressly stated otherwise in writing.

20. Care following completion

The Customer must follow any reasonable care or maintenance instructions we provide.

The performance of protective treatments may be reduced by unsuitable chemicals, abrasive cleaning, automatic
brushes, strong detergents or other products used after our work.

21. Completion and inspection

The Customer should inspect the work as soon as reasonably practicable after completion.

If the Customer believes there is an issue with our workmanship, they should notify us promptly and provide
reasonable details and photographs where possible.

Where appropriate, the Customer must give Quay Pro a reasonable opportunity to inspect the Vessel and assess
the concern before arranging another contractor to alter, repair or redo the relevant work.

Nothing in this clause removes any rights that cannot lawfully be excluded under New Zealand law.

22. Rectification

Where Quay Pro is legally responsible for defective workmanship, we must be given a reasonable opportunity to
assess and, where appropriate, remedy the issue.

The Customer should not incur unnecessary third party costs and then expect Quay Pro to meet those costs
without first giving us a reasonable opportunity to inspect and respond, except where circumstances reasonably
require urgent action.

23. Existing defects and latent defects

Quay Pro is not liable merely because an existing, hidden or latent defect becomes apparent during or after the
Services.

Examples include:
• Failure of old sealant.
• Paint lifting.
• Clear coat failure.
• Existing cracks opening.
• Delamination.
• Hidden corrosion.
• Adhesive failure.
• Existing water ingress.
• Deteriorated fittings.
• Previous repair failure.
• Weak or degraded material.

Where we cause damage through a failure to exercise reasonable care and skill, this clause does not remove any
liability imposed by law.

24. Customer expectations

Before authorising a service, the Customer must tell us if a particular result is essential to them.

For example:
• Complete removal of oxidation.
• Complete removal of water marks.
• A particular gloss level.
• A sale preparation standard.
• Restoration to a particular appearance.

We may accept that requested result, qualify it, recommend another service, or advise that we cannot promise it.
Unless Quay Pro specifically accepts a particular outcome in writing, descriptions such as polish, wax, cut, restore,
enhance, clean, treat or protect describe the process or service being supplied and do not constitute a promise that
the Vessel will achieve a particular visual condition.

25. Quotes and estimates

A written quote applies only to the scope stated in that quote.

Anything not specifically included is excluded.

A quote may be varied where the scope changes, the Customer requests additional work, relevant information
supplied by the Customer was incorrect or incomplete, or unexpected conditions are discovered that materially
change the nature or extent of the work.

We will communicate material changes before proceeding wherever reasonably practicable.

26. Deposits

Quay Pro may require a deposit before reserving dates, ordering products or commencing work.

Deposits will be applied against the final invoice.

Where a Customer cancels after we have incurred reasonable non recoverable costs, those costs may be
deducted from any refund to the extent permitted by law.

27. Cancellation and rescheduling

Customers should provide at least 48 hours notice if they wish to cancel or reschedule.

Where less than 48 hours notice is provided, Quay Pro may charge a reasonable cancellation fee reflecting actual
losses, booked labour, travel arrangements or other costs incurred.

Where we cancel due to weather, safety or another matter outside our reasonable control, we will normally offer
another suitable date.

28. Price and payment

Unless otherwise stated:
• Prices are in New Zealand dollars.
• GST will be added where applicable unless expressly included.
• Payment is due on the date stated on the invoice.
• Any agreed deposit must be paid before the relevant booking or work commences.

The Customer must pay for authorised Services which have been properly performed even if the Vessel ultimately
requires additional restoration, repair or repainting.

29. Overdue accounts

If an account becomes overdue, Quay Pro may suspend further work.

To the extent permitted by law, the Customer may be responsible for reasonable costs actually incurred by Quay
Pro in recovering an overdue debt, including collection agency and reasonable legal costs.

30. Insurance

Quay Pro maintains:
• Ship Repairers Liability insurance of NZ$5,000,000.
• Public Liability insurance of NZ$5,000,000.

The existence or amount of insurance does not create an admission of liability and does not increase any liability
otherwise imposed upon Quay Pro by law.

The Customer remains responsible for maintaining appropriate insurance for the Vessel.

31. Limitation of liability

To the maximum extent permitted by New Zealand law:
• Quay Pro is not liable for indirect, consequential or special loss.
• Quay Pro is not liable for loss of use of the Vessel, loss of charter income, loss of profit, loss of opportunity or
other economic loss arising indirectly from the Services.
• Quay Pro is not liable for pre existing damage, latent defects or deterioration which we did not cause.
• Quay Pro is not liable for losses caused by inaccurate or incomplete information supplied by the Customer.
• Quay Pro is not liable for deterioration occurring after completion through weather, UV exposure, salt, washing,
use, another contractor or lack of maintenance.

Where the Consumer Guarantees Act or another law gives the Customer rights which cannot lawfully be excluded
or limited, those rights remain unaffected.

32. Business customers

Where the Customer acquires the Services in trade for business purposes, and where permitted by law, the parties
agree that:
• The Consumer Guarantees Act 1993 will not apply.
• To the extent permitted by section 5D of the Fair Trading Act 1986, the parties contract out of sections 9, 12A,
13 and 14(1) of that Act in relation to the agreement.
• Both parties agree that it is fair and reasonable for them to be bound by this clause having regard to the nature
and value of the Services and their respective commercial positions.
This clause applies only where the legal requirements for contracting out have been satisfied.

33. Authority to order work

A person instructing Quay Pro to perform Services warrants that they own the Vessel or have authority from the
owner to authorise the Services.

Where a captain, broker, manager, company employee or other representative instructs us, we are entitled to rely
reasonably upon that authority.

34. Subcontractors and employees

Quay Pro may use suitably qualified employees or subcontractors to perform all or part of the Services.
These Terms apply to work undertaken on our behalf.

35. Safety

Our team may refuse or stop work where we consider conditions unsafe.

This may include unsafe access, unstable ladders, poor marina access, severe weather, electrical hazards, fuel
hazards, confined spaces, contaminated areas or any other unreasonable safety risk.

Any delay caused by a legitimate safety concern will not constitute a failure to provide the Services within the
originally anticipated timeframe.

36. Engine rooms

Engine room detailing is cleaning only.

It is not mechanical servicing, electrical servicing, leak diagnosis, fuel system repair, safety certification or engine
inspection.

Cleaning an engine room may expose leaks, corrosion, loose wiring or other conditions that were previously
obscured.

Quay Pro does not warrant the mechanical or electrical condition of the Vessel merely because we have cleaned
the area.

37. Advice and recommendations

From time to time we may give practical observations about the condition of the Vessel.

For example, we may recommend repainting, gelcoat repair, seal replacement, glass restoration, further
correction, teak repair or mechanical assessment.

Unless specifically engaged to provide professional advice in that field, these comments are general observations
arising from detailing work and are not a marine survey, engineering report or warranty about the Vessel.

38. Third party work

Quay Pro is not responsible for work performed by another contractor before or after our Services.

Where another party modifies, cleans, polishes, paints, repairs or otherwise alters an area after our Services, it
may no longer be possible to determine the original cause of an issue.

39. Force majeure and matters outside our control

We will not be responsible for reasonable delay or inability to perform caused by circumstances outside our control.

These may include severe weather, marina restrictions, access problems, equipment failure, illness, emergency,
transport disruption, water or electricity failure, supplier shortages or governmental restrictions.

40. Consumer law

Nothing in these Terms is intended to exclude, restrict or modify any rights or remedies that cannot lawfully be
excluded under the Consumer Guarantees Act 1993, Fair Trading Act 1986 or other applicable New Zealand law.

41. Disputes

If a dispute arises, the Customer should first contact Quay Pro and provide reasonable details of the concern.
Both parties should attempt to resolve the matter in good faith.

Where appropriate, Quay Pro must be given a reasonable opportunity to inspect the Vessel before further work is
carried out by another contractor.

If the dispute cannot be resolved directly, either party may use mediation, the Disputes Tribunal or another court or
tribunal with jurisdiction.

42. New Zealand law

These Terms and every contract between Quay Pro and the Customer are governed by New Zealand law.

The New Zealand courts and tribunals have jurisdiction.

43. Severability

If any part of these Terms is found to be invalid or unenforceable, that part will be treated as removed or modified
to the minimum extent necessary.

The remainder of the Terms will continue to apply.

44. Entire agreement

The agreed quote, any written variations and these Terms together form the agreement between Quay Pro and the
Customer.

Any particular result or additional service must be expressly agreed rather than assumed from general discussions,
website photographs or examples of previous work.

IMPORTANT QUOTE ACCEPTANCE NOTICE

Marine detailing results depend upon the existing condition, age, material, previous repairs, paint or gelcoat
system, UV exposure and previous treatments of the Vessel.

Unless specifically stated in your quote, Quay Pro Boat Detailing does not guarantee complete removal of
oxidation, water spots, staining, scratching, haze, corrosion, fading or other pre existing defects, or restoration to a
new or factory condition.

A polish and wax is not a heavy paint correction service. Heavily UV damaged or oxidised surfaces may require
additional cutting, compounding, fine polishing, repair or repainting.

We may stop or change a process if we discover deteriorated paint, gelcoat, glazing, seals, silicone, fittings or
another condition that makes continuing reasonably likely to cause damage.

By accepting a quote, you confirm that you have disclosed any known repairs, repainting, damaged seals, glazing
issues, coatings or other relevant defects and accept these Terms and Conditions.