HULL GUARDIAN NZ – TERMS AND CONDITIONS OF SERVICE
1. SCOPE OF SERVICE
Hull Guardian NZ ("The Company") provides underwater robotic hull cleaning and video inspection services. Services are strictly limited to the removal of Level 1 and Level 2 micro-fouling (slime and light algae) in accordance with local Marine Biosecurity regulations.
2. PRE-CLEANING VIDEO INSPECTION & RIGHT OF REFUSAL
2.1. Prior to engaging any cleaning equipment, The Company will conduct a preliminary video inspection of the vessel’s hull using specialized underwater camera technology.
2.2. If the inspection reveals macro-fouling (Level 3 or above, or any restricted/invasive species as designated by the relevant Regional Council’s marine biosecurity guidelines), The Company is legally obligated to abort the clean. In such instances, a call-out/inspection fee may apply. The Client will be advised that a traditional out-of-water haul-out is required at their own expense to reset the hull's baseline. While The Company may occasionally provide information regarding local haul-out facilities or industry partnerships, the arrangement, liability, and cost of any third-party services remain the sole responsibility of The Client. Once the baseline is reset, robotic maintenance services can commence.
2.3. The Company reserves the right, at its sole discretion, to refuse, delay, or abort service if the vessel, berth, or surrounding environment is deemed unsafe, non-compliant, or operationally unviable. This includes, but is not limited to, severe structural degradation, loose underwater fittings, navigational hazards, electrical risks, or uncooperative third parties.
3. VESSEL CONDITION & LIMITATION OF LIABILITY
3.1. Pre-Existing & Concealed Damage: The Company accepts no liability for pre-existing damage or concealed defects. This includes structural cracks, osmosis, blistering, or compromised gelcoat/fiberglass that was previously hidden by marine growth or improper prior repairs. The preliminary video inspection serves as the baseline record. The Company is not liable for damage to items including, but not limited to: running gear, transducers, anodes, lighting, drop-down thrusters, hydrofoils, or any aftermarket modifications. In the event of a dispute regarding pre-existing or concealed damage, The Company reserves the right to request and review The Client’s recent vessel maintenance, survey, and haul-out records.
3.2. Marine Coatings & Antifoul: The Client acknowledges that all underwater coatings have a finite lifespan and vary wildly in application quality. While our equipment uses soft-bristle technology designed to preserve coatings, The Company accepts absolutely no liability for the flaking, depletion, discoloration, or removal of antifoul paint, foul-release coatings, or gelcoat, regardless of their age, application method, or prior condition.
3.3. Consequential Loss: The Company shall not be liable under any circumstances for any indirect, consequential, or economic losses. This includes, but is not limited to, loss of use, loss of charter, loss of profit, loss of market, demurrage, or racing penalties arising from the provision, delay, or refusal of services.
3.4. Discovery Period & Claim Notification: Any claim for loss or damage allegedly arising from the services provided must be discovered and reported to The Company in writing within six (6) months of the completion of the specific service. Claims notified outside of this 6-month period will be strictly declined.
4. ENVIRONMENTAL COMPLIANCE
4.1. The Company utilizes equipment featuring a closed-loop vacuum system and a 50-micron filter bag. This system is designed to capture and contain a significant majority of the micro-fouling and biological material removed during the cleaning process for safe land-based disposal.
4.2. The Client acknowledges that this capture methodology aligns with current Marina Rules and local biosecurity discharge mitigation guidelines.
4.3. Pollution Liability Limitation: While The Company operates to mitigate biosecurity risks, The Company does not assume any liability for broader marine pollution, seepage, or environmental fines imposed on the vessel, its owner, or the berth by statutory authorities. The Company's liability is strictly limited to the direct, sudden, and accidental physical operation of its equipment.
5. CLIENT RESPONSIBILITIES
5.1. The Client must ensure the vessel is securely moored in its designated berth during the scheduled service window.
5.2. Notification of Vessel Usage: If the vessel will be away from its berth or in use during a scheduled cleaning window, The Client must provide a minimum of 48 hours' notice to The Company to reschedule. Failure to do so may result in a missed-service fee.
5.3. The Client must provide access to standard 230V shore power on the marina pedestal. If shore power is unavailable, The Client must notify The Company in advance.
5.4. No other contractors or crew may be undertaking work that interferes with the safe operation of The Company's equipment from the pontoon during the scheduled service time.
6. SCHEDULING, WEATHER & ENVIRONMENTAL CONDITIONS
6.1. All scheduled cleaning dates are subject to change based on weather and environmental factors. The Company reserves the right to postpone and reschedule services due to high winds, strong tidal currents, poor underwater visibility, hazardous water quality, or any other conditions that compromise the safety of the equipment or the operator.
7. SUBSCRIPTIONS & PAYMENT TERMS
7.1. Service Rotations: For clients on a recurring subscription, cleaning services and inspections will be scheduled on a mutually agreed-upon rotation to maintain compliance with biosecurity standards.
7.2. Payment Processing: Subscription payments are processed securely via automated Direct Debit. Payments will be drawn in accordance with the agreed billing cycle. All quoted prices and subscription fees are exclusive of GST unless otherwise stated.
7.3. Suspension of Service: Failure to maintain an active payment method or clear arrears will result in the immediate suspension of subscription services. The Company is not responsible for any macro-fouling that develops during a suspension period. If a vessel reaches Level 3 fouling during a payment suspension, it will be rendered ineligible for future robotic cleaning until the owner arranges a traditional haul-out at their own expense.
8. Data, Footage, and Privacy
8.1 Ownership of Imagery: Hull Guardian retains all rights and ownership of any video footage, photographs, and sensor data (the "Digital Data") captured during the service.
8.2 Operational Data Sharing: The Client acknowledges that the Hull Guardian system (powered by Keelcrab) utilizes a cloud-based diagnostic platform. Encrypted technical data and video footage are shared with the equipment manufacturer (Keelcrab, Italy) for the purposes of system optimization, maintenance logging, and technical support.
8.3 Marketing and Privacy: Hull Guardian may use Digital Data for promotional, training, or reporting purposes. While we strive to protect the Client's privacy, it is the Client's responsibility to request the blurring of identifying marks (such as the vessel name or registration) prior to the commencement of the service.
8.4 Biosecurity Reporting and Compliance: As an environmentally compliant marine service, Hull Guardian NZ operates in accordance with local Regional Pest Management Plans (RPMP). The Client acknowledges and agrees that Hull Guardian NZ reserves the right to proactively share visual data, vessel location, and fouling metrics with relevant regulatory authorities (including but not limited to Westhaven Marina Management, Auckland Council, and Biosecurity New Zealand) for the purposes of environmental protection, marine pest management, and biosecurity monitoring. We will not share Digital Data with unrelated commercial third parties (such as Insurance Companies) without the Client's express written consent.
8.5 Cyber Liability Limitation: While The Company utilizes encrypted, industry-standard cloud platforms for data storage and diagnostic sharing, The Company accepts no liability for any indirect or consequential loss, breach of privacy, or damage arising from cyber-attacks, malicious software, unauthorized third-party access, or system failures affecting these digital platforms.
8.6 Data Aggregation and Analytics: Hull Guardian NZ may aggregate and anonymize environmental data collected from the Client’s vessel (such as fouling growth rates, water temperature, and regional biological metrics). The Client agrees that Hull Guardian NZ may use, distribute, or commercialize this anonymized data for research, analytics, and environmental intelligence purposes.
9. INSURANCE & COMPLIANCE
The Company maintains commercial liability insurance appropriate for its operational scope. The Company conducts all operations in alignment with current local and regional marine biosecurity frameworks.
10. GOVERNING LAW AND JURISDICTION
These Terms and Conditions, and any services provided by The Company, shall be governed by and construed strictly in accordance with the laws of New Zealand. The Client agrees that any dispute, claim, or legal action arising out of or in connection with these services shall be subject to the exclusive jurisdiction of the courts of New Zealand.
ACCEPTANCE OF TERMS
By instructing Hull Guardian NZ to commence services, whether via written approval, digital booking, payment of a subscription, or granting physical access to the vessel, The Client formally acknowledges that they have been provided with, have read, and fully accept these Terms and Conditions.