"Agreement" refers to any contract or agreement, whether formal or informal, written, oral, or partly written and partly oral, formed between the Customer and Private Yachting Solutions.

"Customer" refers to the individual or business entering into an Agreement with Private Yachting Solutions.

1. Application
   1. These Terms & Conditions are to be read in conjunction with any Agreement between the parties.
2. Retention of Title
   1. The parties agree that the title of any goods supplied by Private Yacht Solutions shall not pass to the Customer until payment for those items and any associated labour has been received in full by Private Yacht Solutions.
   2. Where any part of the purchase price for goods supplied by Private Yacht Solutions remains owing, Private Yacht Solutions shall retain legal title to all goods supplied and not yet used or resold in the ordinary course of business.
   3. When such goods are used, even with loss of identity, the legal title to the resultant products shall vest in Private Yacht Solutions.  The proceeds of sale of the goods or resultant products shall be received by the Customer as agent of Private Yacht Solutions and such proceeds are to be kept in a separate account or are to be accounted for on demand.
   4. Prior to payment being received in full by Private Yacht Solutions, the Customer will take custody of the goods and retain them as the fiduciary agent and bailee of Private Yacht Solutions.
   5. The Customer agrees to indemnify Private Yacht Solutions against any claim, action, damage, loss, liability, cost, charge, expense, outgoing or payment which Private Yacht Solutions suffers, incurs or is liable to pay in respect of Private Yacht Solutions’ exercise of its rights under clause 2.3
3. Variation by Customer & Extras
   1. Any variation to the Agreement must be in writing and signed by both parties.  Private Yacht Solutions reserves the right to revise and amend the price of the works if there are any such variations.
   2. Any variations made after the signing of the Agreement will incur an administration fee to be charged by Private Yacht Solutions in addition to the costs of the variation separately charged.
   3. Where any variation to the Agreement is necessary:
      1. to comply  with any written direction lawfully given by a person acting under a written law; or
      2. by virtue of circumstances that could not reasonably have been foreseen by Private Yacht Solutions at the time when the Agreement was entered into
      then Private Yacht Solutions shall be entitled to payment for such a variation provided that before carrying out the work relating to the variation, Private Yacht Solutions gives to the Customer a statement setting out the reason for, and the cost to be incurred on account of the variation, together with a copy of any written direction referred to in clause 3.1.
4. Payment
1. Invoices rendered for services and labour provided by Private Yacht Solutions must be paid within 14 days of the date of the invoice.
2. Where the Customer is a company, the company Directors personally guarantee the payment of all costs and expenses referred to in clauses 4 and 5.
5. Costs recoverable
1. Should the Customer default in the payment of any monies due, then all monies due to Private Yacht Solutions shall immediately become due and payable and shall be paid by the Customer within 7 days of the date of demand.  Private Yacht Solutions shall be entitled to charge interest at the rate of 15% per annum on all overdue accounts from the date of due payment until the date of actual payment.
2. Any expenses, costs or disbursements, including debt collection agency fees, commission and any fees paid to Private Yacht Solutions’ solicitors (on an indemnity basis), incurred by Private Yacht Solutions in recovering any outstanding monies shall be paid by the Customer on an indemnity basis.
6. Liability for goods manufactured by third parties
1. The Customer acknowledges that the goods supplied by Private Yacht Solutions are manufactured by third parties, and as such, Private Yacht Solutions is not liable for any defects attributable to their manufacture.
2. The Customer shall be entitled to any benefit of any manufacturer’s warranty in respect of such goods.  Warranty of all goods sold is strictly limited by the discretion of the manufacturer.
3. Private Yacht Solutions accepts no responsibility for any manufacturer’s warranty or claim arising from the use of the goods, whether singularly or in combination with other products.
4. This clause 6 survives the termination or natural expiration of the Agreement.
7. Liability for advice
1. Private Yacht Solutions is only liable for expert advice which is:
   1. within the scope of the Agreement;
   2. in writing; and
   3. accompanied by a written confirmation stating that Private Yacht Solutions is qualified to give the advice.
2. The Customer acknowledges that Private Yacht Solutions is not able to provide expert advice outside the scope of the Agreement.
3. Private Yacht Solutions is not liable for any technical advice or assistance given in good faith, but which it is not contractually bound to provide, and which does not fit the criteria set out in clause 7.1.
8. Disputes
1. The parties agree not to commence proceedings in relation to any dispute arising in regard to the Agreement without first having regard to the procedure set out in this clause 8.
2. Should any dispute or difference arise between the Customer and Private Yacht Solutions in connection with the Agreement, then:
   1. The party that alleges they have suffered some loss or damage, or is otherwise aggrieved, shall serve the other party, by hand or by mail, with a Notice of Dispute in writing adequately identifying and providing details of the dispute.
   2. Within 7 days of receipt of the Notice of Dispute, the parties must meet and take reasonable steps to resolve the dispute.
   3. If the dispute cannot be resolved within 7 days of the meeting between the parties, then the parties agree to submit the dispute to arbitration.
3. If the dispute remains unresolved 14 days after service of the Notice of Dispute, the dispute must be arbitrated in accordance with this clause 8.3.
1. Arbitration shall be effected by a single arbitrator who shall be mutually agreed upon by the parties or, in the event that they fail to agree within 7 days, then the arbitrator shall be the President for the time being of the WA Chapter of the Institute of Arbitrators and Mediators Australia ("IAMA") or his appointee.
2. The parties agree to submit to the arbitration procedures and guidelines adopted by the IAMA.
3. The rules of evidence will not apply strictly to the arbitration, but may be considered by the arbitrator in determining the weight to be attached to each item of evidence.
4. If the dispute is not resolved within 90 days of service of the Notice of Dispute (or any longer period as agreed to by the parties), either party who has complied with this clause may end this dispute resolution process by written notice to the other party and immediately thereafter commence court proceedings in relation to this dispute.
9. Acknowledgement of these Terms & Conditions
   1. The Customer hereby acknowledges receipt of these Terms & Conditions, having read and agreed to be bound by them.  We further acknowledge that we have had the opportunity of obtaining independent legal advice and that we understand the Terms & Conditions outlined above.