Welch Marine – Terms of Trade

1. Definitions

In these Terms of Trade:

• “We”, “Us”, “Our” refers to Welch Marine, including our staff, contractors, and authorised representatives.
• “You”, “Your” refers to the customer receiving goods and/or services from Welch Marine.
• “Goods” refers to all parts, components, equipment, and materials provided or installed by us.
• “Services” include inspection, diagnostics, repairs, installation, servicing, testing, and any other marine mechanical work undertaken on your behalf.

2. Quotes and Estimates

• Quotes are provided based on the information available at the time and are valid for 7 days unless otherwise stated.
• Quotes are not fixed-price guarantees. Final invoicing may vary depending on labour time, parts availability, or unforeseen issues uncovered during the job.
• We will always seek your approval before proceeding with any additional or unquoted work.
• If a fault is intermittent or not replicable during our inspection, we will recommend a course of action, but cannot guarantee a resolution unless the issue is observable during testing.

3. Payment Terms

• Full payment is due immediately upon completion of the job or upon collection/delivery of your vessel or engine.
• For extended projects or parts orders over $1,000, we may require a deposit or progress payment.
• We accept cash, bank transfer, and credit card. A 4% processing fee may apply to credit card payments.
• Late payments may incur interest at 2% per month, and you may also be responsible for any debt collection costs incurred.
• All invoiced items remain the property of Welch Marine until paid in full. We reserve the right to withhold return of the vessel, engine, or components until payment is received.

4. Ownership of Goods

• Title of any parts or materials supplied by Welch Marine does not pass to you until full payment has been received.
• If payment is not received within the agreed terms, we reserve the right to recover or remove any parts or goods installed as part of our service.
• You are responsible for the care and protection of any Welch Marine property left on-site or with your vessel until ownership has legally transferred.

5. Warranty

• Our workmanship is guaranteed for a period of 3 months or 50 engine hours, whichever comes first, from the date of completion.
• Any parts installed by Welch Marine are covered under the manufacturer’s warranty, subject to their specific terms and conditions.
• Warranty claims must be submitted in writing with supporting evidence, including proof of usage and service records.
• Our warranty does not cover:
  • Faults caused by misuse, neglect, racing, or overloading.
  • Failure to follow maintenance schedules or post-service recommendations.
  • Work performed by others following our service.
• Warranty work is carried out at our discretion and may require return of the vessel or engine to our premises.

6. Liability

Welch Marine takes every precaution to ensure a high standard of service and repair, but we cannot accept liability for certain risks and outcomes inherent to marine engine work. By engaging our services, you acknowledge and accept the following:

• Pre-existing Damage or Wear: We are not responsible for issues that arise due to existing faults, wear and tear, corrosion, or previously undiagnosed problems. Where such issues are discovered during our service, we will notify you as soon as practical.
• Consequential Damage: We are not liable for any loss or damage that occurs as a consequence of engine failure, including—but not limited to—loss of use, missed trips, towage, salvage costs, income loss, or damage to other parts of the vessel.
• Customer-Supplied Parts or Instructions: If you supply your own parts or request a specific approach to a repair, we cannot guarantee the outcome and accept no responsibility for failure of those parts or methods. Additional labour or rework may be charged if these result in faults or delays.
• Third-Party Work: We will not be liable for issues resulting from repairs, servicing, or modifications carried out by other service providers either before or after our involvement.
• Environmental and Site Risks: All work carried out off-site or on-vessel is at your own risk. We are not responsible for vessel movement, tide, weather conditions, or unstable environments. You must ensure the vessel is safely moored or on a suitable trailer before we undertake any work.
• Testing and Operation: Engines are tested only within safe and reasonable limits. We do not sea trial vessels unless agreed in writing. It is your responsibility to perform a post-service sea trial or arrange one with us to confirm satisfactory operation.
• Insurance: You are responsible for maintaining adequate insurance for your vessel and engine while work is being performed. Welch Marine will not be held liable for incidents that should reasonably be covered under your insurance policy.

7. Storage and Collection

• Once your service or repair is complete, you will be notified via your preferred contact method (text, phone, or email).
• You must collect your vessel, engine, or parts within 7 calendar days of notification unless prior arrangements have been made.
• Failure to collect within this time may result in a storage fee of $25 per day, starting on the 8th day.
• After 30 days, Welch Marine reserves the right to sell, dispose of, or retain the item to recover storage and service costs. Written notice will be issued at least 7 days prior to this action.

8. Customer Responsibilities

• You are responsible for providing accurate information regarding any issues, prior repairs, or relevant history of your vessel or engine.
• It is your responsibility to ensure your vessel is accessible, clean, and safely stored for us to perform the required work.
• Any delays caused by restricted access, unsafe working environments, or undisclosed faults may incur additional labour charges.
• If a trailer is required for transport, it must be roadworthy. Welch Marine is not liable for damage to or from unfit trailers or transport arrangements provided by you.

9. Cancellations and Delays

• Cancellations made within 24 hours of your scheduled booking will result in a $100 cancellation fee to cover lost workshop time.
• We will not be liable for delays caused by parts availability, shipping delays, adverse weather, or third-party supplier issues, though we will communicate updates clearly.
• If delays result in significant changes to project timing, you may request an updated quote or reschedule at no additional cost.
• Emergency work may incur a surcharge and will be prioritised based on urgency and availability.

10. Governing Law

• These Terms of Trade are governed by the laws of New Zealand, and any disputes shall be resolved under the jurisdiction of the New Zealand legal system.
• In the event of a dispute, both parties agree to engage in good faith negotiations as a first step. If unresolved, formal mediation will be pursued before legal proceedings.

11. Mobile / Boat-Side Servicing

Welch Marine is not liable for incidental damage or marks caused by necessary boarding or movement during mobile servicing, especially in tight or unstable environments.

Welch Marine offers mobile servicing and on-site repairs for vessels either afloat or on trailers. These services are subject to availability and may incur a call-out fee, which will be confirmed at the time of booking.

It is your responsibility to ensure the vessel is:

Moored or berthed safely and legally.

Accessible at the scheduled time (e.g. keys provided, gates unlocked).

In a condition that allows safe working conditions for our technicians.

We reserve the right to decline or postpone work if:

Weather conditions pose a safety risk.

The vessel’s stability, environment, or access is deemed unsafe.

Tools or diagnostic equipment cannot be safely used on-site.

Additional time and charges may apply if our technician is delayed due to on-site conditions not disclosed at the time of booking (e.g. tide access, blocked entry, or unsafe trailers).