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Terms of Service

Berth Rental Terms and Conditions

  1. Commencement Term and Termination

    1. This Agreement commences upon the Commencement Date, and thereafter remains in effect until validly terminated or the expiry of the Term, whichever occurs first.

    2. The Renter shall vacate the Marina on or before midday on the last day of the Term.

    3. The Owner may terminate this Agreement on written notice if the Renter is in default, in accordance with the provisions of clause 11.

    4. This Agreement commences upon the Commencement Date stated in the schedule, and thereafter remains in effect until terminated by either party giving one month written notice to the other.

  2. Invoices & Payments

    1. An invoice is automatically generated whenever you incur a billable activity, such as renting a berth. Payment of invoices are processed by Stripe, a PCI DSS-compliant payment processor. No credit card details are stored within Molo (Fairway Bay Marina’s marina management software).

    2. Payment of invoices may be made by direct credit from a nominated bank account, by credit card, or online via the link on your emailed invoice.

    3. All invoices are on a 7 day payment term (payment is due within a 7 day period after the date the invoice is issued). 

  3. Rent

    1. The Renter agrees to pay the Rental for the Berth to the Owner in advance and upon demand, at the Rental Rate set out online, or as amended from time to time (“Rent”). 

    2. The Rental Rate may be altered by the Owner on written notice at the expiry of the Term for any subsequent renewal term. 

    3. Rent payment is due on or before the Commencement Date and thereafter in advance of any renewal term. 

    4. Rent shall be paid in accordance with Clause 2. 

    5. Any unpaid or overdue amounts will be charged interest at the rate of 10% per month. Full legal and recovery costs will be added to any overdue amounts. 

  4. Bond

    1. The Renter agrees to pay the Bond immediately on completion of this Agreement.   

    2. Provided that the Renter has complied with the Terms and Conditions contained within this Agreement, the Bond shall be refunded to the Renter on the termination of this Agreement.

  5. Berth

    1. The Renter shall occupy only the Berth indicated in the Schedule, or as amended by this clause.

    2. The Manager may at any time require the Renter to relocate to an alternative Berth. The Renter shall not be liable for any compensation in respect of such change of the Berth.   The terms of this Agreement shall apply to any such new Berth. 

    3. The Renter shall not use the Berth other than for mooring the nominated vessel at the Berth identified in the schedule. 

    4. The Renter shall not be permitted to sublet or to authorise the use of the berth by any other vessel.

  6. Electricity

    1. Electricity charges are included in the Rental Rate for Terms of less than 7 days.

    2. For any Term longer than 7 days, electricity is charged on the basis of kilowatts used as metered at the power plinth at the rate of 35c/kwh.

    3. Electricity charges are payable on Termination or at the end of each month, whichever occurs first.

    4. No vessel may connect to the electricity without first providing the Manager with a copy of a valid Electrical Warrant of Fitness certificate. Such certificate must be kept valid for the duration of the Term.

  7. Rules

    1. The Renter shall at all times comply with the current Fairway Bay Marina Rules, as notified by the Owner from time to time (“Rules”).

    2. A breach of the Rules by the Renter is an act of default under this Agreement.

    3. A copy of the Rules is attached to this Agreement.

    4. Rules are subject to amendment by the Owner at any time.

  8. Owner not Liable

    1. The Owner shall not be liable and shall accept no responsibility for loss or damage to boats, craft, third party property or persons using the same within the confines of, or near to the Marina.   

    2. The Owner shall not be responsible or liable for determine whether or not the berth is suitable for the Renter’s vessel. 

    3. The Owner shall not be liable to the Renter or any person for personal injury, or death occurring within the Marina.

  9. Vessel Insurance

    1. The Renter shall at all times keep all boats, craft and any other property owned or brought into the Marina by the Renter fully insured whilst within the Marina against loss or damage by fire, explosion, storm, tempest, cyclone, earthquake, accidental damage, burglary, act of God, and all maritime risks.   

    2. Third party insurance for the vessel shall be maintained by the Renter to a minimum level of NZ$5,000,000.

    3. The Renter shall provide the Manager proof of insurance at Commencement and at any time on demand.  

  10. Indemnity

    1. The Renter shall indemnify the Owner against any loss, expense, legal liability, claims and costs incurred by the Owner arising as a result of the Renter’s acts or omissions, or the acts or omissions of others to which the Renter has contributed, or the acts or omissions of any persons invited to the Marina by the Renter.

    2. The Renter shall be responsible for determining whether the berth offered is suitable for the Renter’s vessel including (but not by way of limitation) adequate depth, suitability and strength of Marina mooring lines, piles, cleats together with all other aspects of the Marina.

    3. The Owner offers no guarantee to the Renter in relation to the suitability of the Marina for the Renter’s vessel.

  11. Default 

    1. In the event of the Renter making default in the observance or performance of any obligation on the Renter's part expressed or implied herein, and such default remaining unsatisfied after 5 days from the date of written notification specifying the default, the Manager may without the need for any further notice terminate this agreement. 

    2. Any costs associated with collecting amounts owed under this agreement will be on charged, plus interest calculated at 10% per month for the period that the debt is outstanding. 

    3. The Manager may require that the vessel shall be removed from the Marina forthwith, the costs of such removal being to the account of the Renter.

    4. If the default shall be the non-payment of the Berth Rental or electricity charges then the following provisions may apply:

    5. The Manager may advise the names of the Renter and vessel to other Marina Operator Association members. 

    6. The Owner may remove and/or detain the vessel until such time as all amounts owing under the agreement are paid.

    7. If the Renter has not remedied such default, or the Renter shall fail to remove the vessel from the Marina, the Owner may without incurring any liability for so doing and without further notice, remove or detain the vessel and recover the all such costs cost from the Renter.

    8. Where the Owner removes any vessel in accordance with this clause, it shall be entitled to a lien on the vessel to the extent of the costs of removal and storage, together with all other amounts owed under this agreement.

    9. Should the Renter fail to pay all amounts owing and claim such vessel within the period of one month after the date of such removal, the Owner may at any time thereafter offer the same for sale and appropriate the proceeds of any resultant sale in satisfaction of such expenses as may be incurred in respect thereof. 

    10. The Owner may, if the Owner thinks fit, place and maintain on any such vessel such number of custodians as may be necessary, and the Owner shall be entitled to a lien on the vessel to cover the costs in so doing.

  12. Defined Terms

    1. The expression “Marina” wherever used herein includes all Marina waters, the floating structures, pontoons, all Marina foreshore areas, administration and service areas under the control or administration of the Owner, as indicated in the attached plan.

    2. The “Marina Rules” are as attached to this agreement or as modified from time to time by the Owner.

    3. The expression “Owner” means Godwit Marine Limited, being the Owner of the Marina, together with its authorised representatives and the Manager.

    4. “Manager” means the person as is from time to time appointed to manage the Marina by the Owner, or any other duly authorised representative of the Owner.

  13. New Zealand Law to Apply

    1. This agreement is subject is New Zealand law.

Fairway Bay Marina Rules

  1. Fairway Bay Marina adopts the following rules for the regulation of activities in the Fairway Bay Marina. In these Rules unless the context otherwise requires:

  2. Manager: means the person/s as is from time to time appointed to manage the Marina by Godwit Marine Ltd (GML), or any other duly authorized representative of GML.

  3. Marina: means the Fairway Bay Marina.

    1. No person shall moor, berth or permit to be berthed any vessel in the Marina unless the vessel is licensed to occupy such berth or otherwise has permission in writing from the Manager.

    2. All persons must comply with any instructions or directions issued by the Manager, whether written or verbal.

    3. All vessels shall navigate under power in the marina, except in case of emergency. No sailing, rowing, or paddling is permitted.

    4. Any plant, equipment, fuel, or other material or substance may not be kept carried or stored in such a condition that it could constitute a hazard or menace to the health or safety of other Marina users or their property.

    5. Pollution of the Marina or discharge into the Marina or its waters of any poisonous, noxious, dangerous or offensive substance or thing is prohibited.

    6. It is prohibited to discharge any sewage or empty any latrines into the Marina waters, or otherwise dispose of any garbage, oil, fuel or any other material whatsoever in the marina, except into the containers which may be provided by the Marina.

    7. All vessels must have a ‘clean’ hull prior to berthing within the Marina. A hull is ‘clean’ when no biofouling of live organisms is present.

    8. No repairs or maintenance on any vessel within the Marina without the written permission of the Manager. Any permitted maintenance and repairs undertaken must be undertaken in such a manner as to prevent the release of contaminants within the Marina.

    9. Nothing may be left on any pier or walkway that restricts the passage of pedestrians.

    10. No structure or attachment of any item to any piles, piers or walkways is permitted, without the written consent of the Manager.

    11. Any person operating a vessel within the marina shall at all times observe the requirements of the Navigation Safety Bylaw and any applicable New Zealand Maritime Rule.

    12. Noise which is likely to cause annoyance to any reasonable person is not permitted, and in particular (but not by way of limitation):

      1. All halyards must be secured in such a manner that they do not make any noise.

      2. Engines, generators stereos, TVs and radios shall be reasonably operated as far as noise is concerned.

    13. No person shall, in the Marina:

      1. Swim or dive, fish, anchor, row, paddle or sail any vessel.

      2. Solicit for business without the prior written consent of the Manager.

      3. Use a boat for commercial purposes without written permission from the Manager.

      4. Engage in any conduct that adversely affects the peace, enjoyment or privacy of other users of the Marina.

      5. Keep pets or animals without the prior written consent of the Manager.

      6. No washing may be hung out on your vessel at any time.

      7. Moor, sail or manoeuvre any boat so as to create a danger, impediment, obstacle or inconvenience to other Marina users.

      8. Allow or permit refueling of any boat.

      9. Use firefighting equipment supplied by the Marina for any purpose other than for fighting of fires.

      10. Moor any vessel other than at a Marina berth pursuant to an authorisation given under a Fairway Bay Marina Rental Agreement.

    14. Alcoholic beverages shall not be consumed within the Marina except on private vessels, or other premises where consumption of alcoholic beverages is not prohibited by law.

    15. Any person who is involved in any incident in the Marina whereby any damage is done to any property whatsoever shall report such damage to the Manager as soon as possible.

    16. GML accepts no liability for the security or safety of any vessel in the Marina.

    17. All vessels within the Marina must be insured with a minimum third-party liability cover of NZ$5,000,000.