The renter must give a minimum of 1 month written notice to terminate.
For the purposes of this agreement the following definitions apply:
- The Company is Pine Harbour Marina Ltd.
- The Owner is the Licensee of the berth referred to in this agreement.
- The Renter is the person named on this agreement.
- The Berth is the berth referred to in this agreement.
- The Marina includes the marina waters, floating structures, fingers and jetties, all marina foreshore areas, administration areas, parking areas, ramps and driveways etc., and all land and facilities under control of the Licensor.
A Fixed Term is binding on the Owner and the Renter. The minimum fixed term tenancy on the Boat Park is 12 months from the commencement date.
After the initial Fixed Term the agreement will automatically be renewed (Extension/Roll Over) and extended for a further Fixed Term specified (12 months) on each renewal anniversary. After the initial fixed term, the Renter may elect to change to a Periodic Tenancy Rate by giving at least 15 days prior written notice before the renewal anniversary date.
A short term rate will be payable by the Renter to the company on the monthly rental in respect of any term which is less than six months in duration.
Either party may terminate a periodic tenancy on 1 month written notice to the other party.
An early Termination Fee equivalent to the monthly rental plus $100 for every month remaining on the Fixed Term will apply to any customer requesting to terminate a Fixed Term Agreement prior to the renewal/termination date (including any renewal term).
The Renter shall deliver any card which may be issued by the Company to the Renter, up to the Company no later than 9am on the day immediately following Termination.
The Renter warrants to the Company that they are both the legal and beneficial owner of the vessel described in this Agreement (Vessel) and that all details provided above are true and correct to the best of their knowledge and belief. The Renter acknowledges that the Company has relied on these warranties in determining whether or not to rent the Berth/Boat Park to the Renter and the Company may cancel the Agreement if any of the warranties are subsequently found to be incorrect.
The Renter may only keep the Vessel in the Marina berth/boat park.
The Renter shall pay rental for the use of the Berth/Boat Park to the Company monthly in advance by direct debit. The Renter shall make all payments to the Company without deduction or set-off. No statement will be issued to the Renter unless a payment is dishonored.
Late Payment Fee:
A late payment fee of $15 +GST per month applies to any invoice not paid by the due date.
The company reserves the right to charge an interest rate of 14% p/a on any accounts that are overdue.
The Rental Rate may be reviewed by the Company from time to time. The Company will give the Tenant not less than 1 month’s notice of change to the Rental Rate.
The Renter shall at all times keep the Vessel and all other property brought onto the Marina by the Renter and his, her, their or its invitees, fully insured.
The Renter shall notify the Company immediately upon the Renter becoming aware of any actual or potential damage to the Marina.
The Renter indemnifies the Company against all claims, losses, damages and liabilities arising directly or indirectly as a result of any act or omission of the Renter or his, her, their or its invitees, either in or near the Marina.
The Renter must, when in or near the Marina, comply at all times with the Marina Rules. A copy of the Marina Rules is available from the Marina Office. The Company may from time to time amend the Marina Rules and the Renter will be bound by such amendment following the Company giving notice of the same to the Renter.
Lien: – In the event of there being monies owing and remaining outstanding by the Vessel Owner to the company for, or in connection with services, the Company shall be entitled to seize and take possession of the Vessel and shall have general lien in respect of the vessel until all sums due by the Owner to the company have been paid in full. Such lien shall be subject to the following further conditions:
(a) The Company shall, after exercising any right of lien, give the Owner notice of the seizure of the vessel.
(b) In the event of the monies due to the Company remaining outstanding for 21 days after the giving of notice as aforesaid, the Company shall be entitled without further notice to sell the Vessel by such means as it thinks fit.
(c) After any such sale, the proceeds shall be applied first towards the expense of seizure and sale, secondly in payment of monies due to the company and thirdly any balance shall be paid to the Owner.
(d) In the event of the proceeds of sale being insufficient to satisfy the monies due to the Company, the Company may proceed to recover such deficiency or balance from the Owner in any manner available to it.
(e) The Company shall not be responsible to the Owner or anyone claiming through the Owner in respect of any claims, losses or liabilities which may arise in connection with the exercise by the Company in good faith of its rights pursuant to this Clause.
The Company may terminate this Agreement without notice if the Renter breaches the terms of this Agreement or the terms of the Marina Rules.
Where a breach by the Renter is, in the Company’s sole opinion, capable of being remedied, then before terminating this Agreement the Company will give the Renter notice of the breach. The Renter will have seven days from the date of the notice to remedy the specified breach and failing such remedy the Company may by further notice terminate this Agreement.
The Renter must remove the Vessel from the Marina by 9.00 a.m. on the day immediately following termination date or before the date this Agreement terminates (Termination Date). The Company may remove or impound the Vessel if it has not been removed from the Marina after the Termination Date. If the Renter does not collect the Vessel within 21 days after the Termination Date, the Company may sell the Vessel. The Renter will be liable for any and all costs incurred by the Company in removing, impounding, otherwise storing or selling the Vessel. The Company may defray such costs from the sale proceeds of the Vessel.
The Renter may not assign its rights under this Agreement or sublet the Berth/Boat Park. The Company may assign its rights under this Agreement.
All notices must be in writing and be delivered to the address of the relevant party specified above, or such other address as may from time to time be advised by notice from one party to the other.