The Contractor hereby acknowledges having read the terms and conditions of this Agreement including the attached Conditions and in consideration for Margate Marina Park allowing access to the Contractor to the premises at Margate Marina Park for the purposes of carrying out the Contractor’s work the Contractor hereby agrees to be bound by the terms and conditions of this Agreement including the attached Conditions.
Terms and Conditions
1) Any reference in this Agreement to Margate Marina Park includes (where the context admits) its directors, agents, authorised representatives, servants, contractors, employees and invitees.
2) Indemnities and Insurance
a. The Contractor hereby indemnifies and shall keep indemnified Margate Marina Park for all loss liability or damage caused to Margate Marina Park its servants or agents as a result of any breach by the Contractor its servants or agents of any of the terms covenants conditions or provisos on the Contractor’s part contained in this Agreement.
b. The Contractor releases to the full extent permitted by law Margate Marina Park and its servants and agents from all actions suits claims demands losses damages costs and expenses and any other liabilities in respect of or arising from any loss or damage to the property of the Contractor or any loss or damage to the Contractor its servants agents guests or invitees including personal injury howsoever arising in connection with the Contractor’s presence on the premises at Margate Marina Park notwithstanding that any such loss damage or injury may have occurred as a result of the negligence of Margate Marina Park or its servants or agents.
3) The Contractor shall at all times maintain proper and adequate insurance with a respectable, responsible and solvent insurance company in respect of his or her trade. The Contractor shall also at all times maintain adequate public liability insurance not less than $10 million. The Contractor shall produce to Margate Marina Park, as demanded from time to time by Margate Marina Park, Certificates of Currency of Insurance in compliance with this clause.
4) The Contractor and the Contractor’s visitors enter the Marina Slipyard Facility at their own risk.
5) The Marina Slipyard Facility is open Monday to Friday, between 8:30am to 5:00pm. Access to the Marina Slipyard Facility is prohibited outside these hours, unless the Contractor obtains prior approval from Margate Marina Park.
6) The Contractor and the Contractor’s visitors must:
a. report to the Marina Office and sign in before entering the Marina Slipyard Facility;
b. sign out when leaving the Marina Slipyard Facility;
c. make any deliveries for the Contractor to the Marina Office;
d. immediately report all accidents or emergencies to the Marina Office;
e. obey all signs, notices and directions given by Margate Marina Park and its staff;
f. at all times wear fully enclosed footwear;
g. not enter the Marina Slipyard Facility while under the influence of alcohol or drugs;
h. not consume alcohol within the Marina Slipyard Facility; and
i. not smoke in the Marina Slipyard Facility.
7) Margate Marina Park reserves the right to remove any person from the Facility for any reason whatsoever.
8) Children must be supervised by an adult, within the Marina Slipyard Facility and Margate Marina Park, at all times.
9) No pets are allowed in the Slipyard Facility at any time.
10) Vehicles must not go beyond the Marina Slipyard Facility entry gates without prior approval from the Marina office.
11) Vehicles entering the facility must be in good working order, e.g. no oil or other fluid leaks.
12) The Marina Slipyard Facility has a 5km per hour speed limit.
13) Vehicles must not be left unattended in the Marina Slipyard Facility. Vehicle is left unattended will move at the Contractor’s cost. Margate Marina Park will not be liable for any loss or damage to the vehicle.
14) The Contractor shall indemnify Margate Marina against any loss or damage caused to a vehicle brought into the Slipyard Facility for or by the Contractor.
15) The Contractor must not dispose of contaminated waste of any kind in the Marina or the Marina Slipyard facility bins.
16) The Contractor must dispose of any scraped or washed contaminated paint or growth (mussel and other sea life) on the Boat off-site. Disposal of these materials in the Marina or the Slipyard Facility bins is not permitted. The Contractor will be charged a collection and disposal fee any material left in any area of the Marina, Slipyard Facility or Bins.
17) The Contractor and the Contractor’s visitors must leave their working area clean and tidy. The Contractor will be charged an hourly cleaning fee if the Contractor and the Contractor’s visitors leave the area untidy.
18) The Contractor must use proper hoarding and drop sheet for all blasting, painting, engine or dirty jobs. Margate Marina Park will not accept liability damage caused as a result of overspray.
Service and Payment
19) The Contractor must provide two working days notice of completion of their job for bookings of the Slipyard Crane.
20) Charges may apply for entry required outside normal trading hours.
21) The Contractor will be denied entry to Margate Marina Park until payment is made in full of any charges imposed on the Contractor as a result of not adhering to the terms and conditions of this agreement.