​Definitions

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In these Terms and Conditions (“Terms”):

• “Company” means NAVALE Pty Ltd, ACN 691 639 675, ABN 55 691 639 675 its employees, agents, and subcontractors.
   

• “Customer” means the purchaser of the Goods and/or Services, including OEM boat builders, private boat owners, commercial boating operators, architectural entities such as construction businesses, landscaping businesses.

 

• “Customers Deck Preparation Agent” means the suitably qualified and experienced shipwright/technician tasked by the Customer with preparing the deck as per the specification of the Company.
   

• “Goods” means all products, components, materials, and equipment supplied by the Company, including but not limited to marine decking, hardware, marine leisure equipment, and associated items.
   

• “Services” means all fabrication, installation, fitting, consultation, and aftersales services provided by the Company.
   

• “Contract” means the agreement between the Company and the Customer comprising the quotation, order confirmation, and these Terms.
   

• “Flexiteek Products” refers specifically to Flexiteek synthetic decking and related materials supplied or installed by the Company.​

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2. Application of Terms

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2.1 These Terms apply to all quotations, sales, and services provided by the Company unless otherwise agreed in writing.
2.2 The Customer’s placement of an order or acceptance of a quotation constitutes acceptance of these Terms.
2.3 No variation of these Terms will be binding unless agreed in writing by an authorised representative of the Company.

 

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3. Quotations and Orders

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3.1 All quotations are valid for 30 days from the date of issue unless otherwise stated.
3.2 The Company reserves the right to withdraw or amend a quotation prior to written acceptance by the Customer.
3.3 Orders are subject to written confirmation by the Company before any obligation arises.

 

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4. Prices and Payment

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4.1 All prices are quoted exclusive of GST, taxes, duties, and delivery charges unless otherwise stated.
4.2 Payment shall be made in accordance with the payment schedule outlined in the quotation, Sales Invoice,  or as otherwise agreed in writing.
4.3 Ownership of the Goods shall not pass to the Customer until payment has been received in full.
4.4 The Company reserves the right to charge interest at 8% per annum above the Commonwealth Bank of Australia base rate on overdue accounts.
4.5 The Customer shall not be entitled to withhold payment due to disputes, set-offs, or counterclaims unless expressly agreed by the Company.

 

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5. Flexiteek Sales Terms

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Where the Company supplies or installs Flexiteek synthetic decking products, the following specific payment terms apply:

• 50% ‘Engagement’ Deposit – Payable upon estimate quote approval. This allows the Company to progress to a boat/site visit to measure up for fine tune quoting. The Company shall Invoice the Customer for 50% deposit. Caveat: final invoice may vary subject to physical boat inspection, templating, or any variation to the initial quote as requested by the Customer.
   

• 40% Stage Payment – Payable upon final quote acceptance and prior to commencement of production planning and building of deck.
   

• 10% Final Payment – Payable upon completion of the Flexiteek deck build.
   

5.1 Production and scheduling shall not commence until the Engagement Deposit and Stage Payment are received.
5.2 The Final Payment is due within 3 days of invoice date, unless otherwise agreed in writing.
5.3 All Flexiteek products remain the property of the Company until paid for in full.
5.4 The Company reserves the right to retain or delay delivery/installation if payments are not received in accordance with the above schedule.

 

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6. Deck and Substrate Preparation for Flexiteek

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6.1 The Customer or Customers Deck Preparation Agent has responsibility for deck substrate preparation. This includes removal of all existing/old deck material including remnant adhesive, deck fasteners. Includes appropriate filling of any fastener holes to ensure water tightness.

 6.2 The Customer is responsible for removal and re-fit of any deck hardware that is advised by the Company as being required for laying of the Flexiteek deck, unless otherwise noted at the Quote stage.

 6.3 Where the new Flexiteek deck will be laid over sections of non-skid chequering, the Customer or Customers Deck Preparation Agent is responsible for suitably building up and leveling areas between non-skid sections, and also between non-skid sections and all vertical / near vertical sides such as but not limited to lockers, deck hatches, gunwales, coach house, cabin entrance etc.

6.4 The Company may undertake deck substrate preparation if agreed in writing with the Customer and following quote acceptance and payment terms as noted on a Sales Invoice noting ‘Deck Preparation’.

 

 

 

7. Delivery and Installation

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7.1 Delivery dates are estimates only and not guaranteed unless expressly stated in writing.
7.2 Risk in the Goods passes to the Customer upon delivery to the agreed location.
7.3 Where Flexiteek installation is included, the Customer must ensure suitable access, working conditions, and any required facilities such as marina berthing for the duration of installation period at the cost of the Customer.
7.4 The Company is not liable for delays caused by circumstances beyond its reasonable control, including supply chain disruptions, weather conditions, or delays caused by the Customer, or the Customers Deck Preparation Agent.

 

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8. Inspection and Acceptance

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8.1 The Customer shall inspect the Goods upon delivery or installation.
8.2 Any defects or discrepancies must be notified to the Company in writing within 7 days of delivery or installation completion.
8.3 Failure to notify within this period constitutes acceptance of the Goods and Services as supplied.

 

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9. Warranty

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9.1 The Company warrants that all Goods (non Flexiteek) and Services shall be supplied with reasonable skill and care and shall conform to agreed specifications.
9.2 Flexiteek Products are covered by the manufacturer’s five (5) year material guarantee, subject to correct installation, use, and maintenance as per the ‘Care Guide’’ provided at handover upon installation completion and which is also available at www.navale.com.au and www.flexiteek.com.
9.3 The Company’s liability under this warranty is limited to repair, replacement, or refund of defective Goods at its and Flexiteek UK’s discretion.
9.4 This warranty excludes normal wear and tear, damage due to misuse, application of any chemicals through spillage or intensional application, cleaning with chemicals other than water or a neutral pH detergent, neglect, or improper installation not carried out by the Company.

 9.5 A Flexiteek installation warranty applies to installations carried out by Navale or one of Navale’s authorised installers is for a period of five (5) years from date of installation.

 9.6 There is no Flexiteek installation warranty offered by Navale if the customer organises installation of the Flexiteek deck by themselves or their own appointed installation technician. 

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10. Limitation of Liability

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10.1 The Company’s total liability arising under or in connection with the Contract shall not exceed the total price paid by the Customer.
10.2 The Company shall not be liable for indirect or consequential losses, including loss of profit, use, or business interruption.
10.3 Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence or for fraud.

 

11. Cancellation

11.1 Orders may not be cancelled without written consent from the Company.
11.2 In the event of cancellation, the Customer shall be liable for all costs incurred to date, including material, labour, and design charges.
11.3 Deposits are non-refundable once production or procurement has commenced. Flexiteek Engagement Deposits are non-refundable once the Company has been instructed to complete a boat or site visit by the Customer.

12. Intellectual Property

All drawings, designs, and specifications remain the property of the Company unless otherwise agreed in writing.

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13. Force Majeure

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The Company shall not be liable for failure to perform obligations due to events beyond its reasonable control, including but not limited to acts of God, war, strikes, or material shortages.

 

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14. Governing Law

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These Terms shall be governed by and construed in accordance with the laws of New South Wales and the parties submit to the exclusive jurisdiction of the courts of that jurisdiction.

 

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15. Entire Agreement

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These Terms, together with any written quotation or contract, constitute the entire agreement between the Company and the Customer and supersede any prior understandings or representations.