Terms & Conditions

TERMS OF TRADE & CONDITIONS OF REPAIR

Unity Engineering Ltd trading as YachtTech

1. Definitions and Application

Company: Unity Engineering Ltd trading as YachtTech, its employees, technicians, and authorized subcontractors.
Customer: The owner of the Vessel, or the owner’s authorized agent, captain, or representative ordering the work.
Vessel: The boat, yacht, ship, or marine craft specified in the work order, including all onboard machinery, gear, tenders, and electrical/electronic systems.
Works: All marine electrical or electronics diagnostics, installations, provisioning of parts, software programming, custom network commissioning, and repair services provided by the Company.
Application: These terms apply strictly to all Works undertaken by the Company. Any variation must be agreed to in writing by a Director of the Company.

2. Quotes, Estimates, and Authorizations

Scope Realities: Estimates are based solely on a reasonable visual inspection of what is accessible at the time.
Hidden Defect Clause: The Company is not liable for latent defects, deep-set corrosion, historic improper wiring, or legacy software network conflicts that become apparent only after dismantling or system diagnostics begin.
Variations: If fault-finding reveals required repairs beyond the initial estimate, the Company will halt work and seek verbal or written (email/text) authorization before proceeding.
Emergency Measures: If the Customer cannot be contacted and urgent work is vital to protect the Vessel from water ingress, fire risk, battery thermal runaway, or environmental hazards, the Company is authorized to take necessary protective action at the Customer’s cost.

3. Pricing and Payment Terms

Rates: Work is billed at the Company’s current hourly marine technical rate plus travel, mileage, consumables, and freight, unless a fixed quote is explicitly executed.
Payment Window: Strictly 7 days from invoice date (or cash on delivery/completion for non-account clients), unless alternative terms are authorized in writing.
Late Payment Interest: Penalty interest will accrue on overdue amounts at a rate of 2.5% per month, calculated daily from the due date until paid in full.
Recovery Fees: The Customer is liable for all collection agency commissions and legal costs incurred on a solicitor-client basis in recovering unpaid invoices.

4. Customer Obligations & Vessel Access

Access Rights: The Customer must grant unhindered access to the Vessel, keys, lockboxes, and specific yard permissions if the Vessel is located in a marina, slipway, or refit facility.
Yard Levies: The Customer is responsible for any third-party facility fees, hardstand charges, or marina access levies triggered by the Company's presence.
Safe Working Environment: Pursuant to the Health and Safety at Work Act 2015, the Customer must ensure the Vessel is a safe worksite, declare known structural/electrical hazards (e.g., faulty shore power inlets, fuel leaks, modified DC banks), and provide working safety equipment where required.

5. Compliance, Testing, and Sea Trials

Standards Enforcement: All works are executed to comply with the relevant sections of AS/NZS 3004 (Electrical installations—Marinas and recreational boats).
EWOF Integrity: The Company reserves the right to refuse connection to shore power if a Vessel’s Electrical Warrant of Fitness (EWOF) is expired or unsafe.
Sea Trials: If a sea trial is required, the Customer must provide a qualified skipper and adequate fuel. The Vessel remains under the care, custody, and command of the skipper at all times during testing.

6. Risk, Warranties, and Liability Limits

Workmanship Warranty: The Company provides a 12-month warranty on its installation workmanship.
Component Warranties: Parts, hardware, software or system components supplied are covered solely by their respective manufacturer’s warranty. The Company does not cover the labour costs, yard-haulage, slipping, or shipping costs associated with returning a third-party component for manufacturer repair.
Liability Cap: To the maximum extent permitted under New Zealand law, the Company's total liability for any claim, loss, or electrical failure is strictly capped at the total invoice value of the specific Works performed. The Company is explicitly not liable for consequential losses, charter cancellations, or loss of use.

7. Maritime Liens and Right of Retention

Possessory Lien: The Company retains a general and possessory lien over the Vessel, its tenders, and its equipment for all outstanding balances owed by the Customer.
Right of Detention: The Company reserves the right to legally detain or refuse the launch/departure of the Vessel from its facility, hardstand, or berth until all due accounts are settled in full.

8. Dispute Resolution and Governing Law

Time Bar: Any claim or dispute regarding the standard or cost of the Works must be lodged in writing with the Company within 14 days of the work completing or the Vessel departing the care of the technician.
Jurisdiction: These terms are governed exclusively by the laws of New Zealand. Any disputes fall under the jurisdiction of the New Zealand Courts or the Disputes Tribunal.