Terms and Conditions

1.  Definitions

“Contractor” means Wayfinder Yachts, including its successors and permitted assigns.

“Customer” means the person, company, entity, or any person acting on behalf of and with the authority of the Customer, who requests Wayfinder Yachts to provide the Services described in any proposal, quotation, order, invoice or other documentation.

Where:

1. there is more than one Customer, each Customer is jointly and severally liable for all obligations under these Terms;
2. the Customer is a partnership, each partner is jointly and severally liable;
3. the Customer is a trust, the Customer enters into these Terms in their capacity as trustee; and
4. the Customer includes its executors, administrators, successors and permitted

“Services” means the services described in any quotation, proposal, order, invoice or other documentation provided by Wayfinder Yachts.

2.  Quotes and Acceptance

All quotations are valid for 20 days from the date of issue unless otherwise stated.

A quotation does not constitute a binding contract until it has been accepted by the Customer in writing, including by email or by signing and returning the quotation.

Acceptance of the quotation constitutes acceptance of these Terms and Conditions.

3.  Payment Terms

Unless otherwise agreed in writing, payment is due within 7 days of the invoice date.

Wayfinder Yachts may require a deposit of 20% of the quoted amount, or such other amount as agreed, before commencing work.

Overdue amounts may incur interest at a rate of 10% per month, calculated from the due date until payment is received.

The Customer is also responsible for any reasonable costs incurred by Wayfinder Yachts in recovering overdue amounts.

4.  Variations

Any work or services outside the original agreed scope must be approved by the Customer before the additional work commences.

Where practical, variations will be documented in writing by way of a Variation Order or revised quotation.

Where urgent work is required, or where written approval is impractical, verbal instructions authorised by the Customer may be acted upon and charged at Wayfinder Yachts’ standard rates.

5.  Access and Vessel Readiness

The Customer is responsible for providing Wayfinder Yachts and its contractors with safe, reasonable and timely access to the vessel and ensuring that the vessel is available and ready for the agreed work.

The Customer must advise Wayfinder Yachts of any known condition, defect, restriction or circumstance that may affect the performance of the Services.

Any delays, additional labour, travel or other costs arising from lack of access, an unsafe working environment, or unsuitable or unexpected vessel conditions may be charged to the Customer.

6.  Liability

To the maximum extent permitted by law, Wayfinder Yachts’ liability arising from or relating to the Services is limited to the value of the Services giving rise to the claim.

Wayfinder Yachts will not be liable for any indirect, consequential or special loss, including loss of income, revenue, profits, use or opportunity.

Nothing in these Terms and Conditions excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded or limited under applicable New Zealand law.

7.  Consumer Guarantees Act 1993

Where the Services are supplied to a consumer for personal, domestic or household purposes, nothing in these Terms and Conditions is intended to exclude, restrict or modify any rights or remedies available under the Consumer Guarantees Act 1993.

Where the Services are acquired for business purposes, the Consumer Guarantees Act 1993 is excluded to the maximum extent permitted by law.

8.  Dispute Resolution

Any dispute or concern should first be raised with Wayfinder Yachts in writing, with the parties making reasonable efforts to resolve the matter in good faith.

If the dispute has not been resolved within 20 working days, either party may refer the matter to mediation or, where applicable, adjudication under the Construction Contracts Act 2002 or any other applicable legislation.

Nothing in this clause prevents either party from seeking urgent or other appropriate relief where permitted by law.

9.  Cancellation

If the Customer cancels the Services after acceptance of a quotation or commencement of work, Wayfinder Yachts reserves the right to charge for:

• all Services completed up to the date of cancellation;
• all materials, equipment or goods ordered or committed to on behalf of the Customer;

• any non-refundable costs or third-party charges incurred; and
• any other reasonable costs arising from the

Where appropriate, Wayfinder Yachts may also charge a cancellation fee of up to 50% of the quoted price, having regard to the work undertaken, resources committed and costs incurred at the time of cancellation.

Any deposit paid may be applied against amounts owing as a result of cancellation.