1. Our full legal name is CNC Boats Pty Ltd ACN 601 410 851 trading as CNC Marine (“CNC Marine”, “we”, “our” or “us”).
2. CNC Marine offers the following Products (“Products”):
   • Kits;
   • Cutting Files including plans and instructions on cutting the materials required.
   • – Single Build Plans – Files go to the cutter with separate agreement with the cutter.
3. Reference to Completed boat, means the vessel is built, either to a fully welded stage (commonly referred to as Hot Works stage) or to a finished stage ready for operation, and anywhere in between these stages.
4. CNC Marine’s Products are sold upon the following terms and conditions, which are subject to change from time to time and without notice.
5. Placement of and Order and payment of our fee will constitute acceptance of these Terms and Conditions.

KITS

6. These clauses 5 to 12 apply if the Customer has ordered a CNC Marine Kit.
7. Upon placement of an Order, CNC Marine will provide the Kit to the Customer.
8. The Kit supplied by CNC Marine includes assembly instructions and pre-cut materials to allow the Customer to construct the boat.
9. The Customer acknowledges CNC Marine does not supply with Kits:
   • consumables such as Welding Wire and Welding Gas; or
   • miscellaneous components such as hinges/upholstery/windows; or
   • Buoyancy Foam; or
   • Engines/Electronics.
10. The Customer acknowledges it has read the list of inclusions with the Kit and the Customer is responsible for all non-supplied materials required to complete the build.
11. The Customer is responsible for constructing the aluminium boat pursuant to CNC Marine’s instructions and materials provided by CNC Marine.
12. The Customer must not copy, sell, or re-distribute any part of the Kit.
13. CNC Marine supplies the kit with purpose of constructing the chosen boat only. CNC Marine takes no responsibility where any part of the supplied is used by the Customer for any other purpose other than constructing the boat.
14. The Customer acknowledges and agrees that boat building requires fabrication and welding skills. The Customer acknowledges that they may need professional assistance with all or part of the kit assembly.

CUTTING FILES

15. These clauses 13 to 26 apply if the Customer has ordered Cutting Files from CNC Marine
16. Upon placement of an Order, CNC Marine will provide the Cutting Files to the Customer.
17. The Cutting Files provided by CNC Marine include DXF Cutting profiles to allow the cutting of the material, arrangement and assembly drawings and design data, in PDF format, necessary to build the boat.
18. The Customer is responsible for sourcing the materials to build the boat which are appropriate for the Cutting Files provided by CNC Marine.
19. The Customer is responsible for sourcing the cutting materials in accordance with the Cutting Files provided by CNC Marine. The Customer is responsible for sourcing accurately cut materials based on the Cutting Files provided by CNC Marine. The customer is responsible to ensure all cutting and marking of plate is done in accordance with the supplied DXF files to allow the boat to be built to the supplied assembly plans. CNC Marine shall not be held liable for any issues arising from the workmanship of the company hired to perform the cutting of the materials.
20. The Customer releases CNC Marine from any liability as a result of the workmanship of the company hired to cut the materials.
21. CNC Marine grants the Customer a licence to build a predefined number of boats using the Cutting Files purchased by the Customer and to sell the completed boats, subject to CNC Marine’s Fair Use Policy. The number of allowable builds will be defined in the sales contract of the cutting files from CNC Marine at the time of purchase. . This licence does not permit the Customer to sell the Cutting Files or Aluminium Material Kits. To remove any doubt, the Customer is only permitted to sell the completed boat using the Cutting Files provided by CNC Marine.
22. CNC Marine reserves the right to monitor the Customer’s use of the Cutting Files and may terminate the licence if CNC Marine determines, in its sole discretion, that the Customer’s use exceeds fair use. Fair use shall be determined by CNC Marine based on factors such as the number of boats built and the frequency of use. The Customer agrees to comply with CNC Marine’s fair use policy and acknowledges that any breach of the fair use policy may result in termination of the licence.
23. Customers using cutting files options agree to register each kit they cut with CNC Marine. The Customer is to advise CNC Marine when a kit is cut and CNC Marine will issue a unique registration code for the vessel.
24. CNC Marine warrants the design for the first kit only, and relinquishes responsibility for all subsequent kit designs when sold as cutting files. The Customer may elect to pay a warranty fee dependent on the size of vessel per subsequent vessel at the time if registering the subsequent kit with CNC Marine. In this case, CNC Marine will supply an Australian builders plate for the vessel and will warrant the design in the same way as a CNC Marine supplied kit. Where the Customer does not elect to pay this fee and register the subsequent kit of the vessel, the Customer takes all responsibility for the design.
25. Unless otherwise expressly agreed by CNC Marine and the Customer, the Customer acknowledges that the Cutting Files supplied by CNC Marine provide the Customer a non-exclusive licence to build the CNC Marine boat. CNC Marine may in its absolute discretion provide the same Cutting Files to other Customers, without any recourse from the Customer.
26. Where CNC Marine has agreed in writing that a level of exclusivity for a particular design has been granted to the Customer, the Customer acknowledges that this does not release CNC Marine’s Intellectual Property of the design, nor does it exclude CNC Marine’s use of features that may be present in the exclusive design on other CNC Marine designs.
27. The Customer must not copy, sell or re-distribute the Cutting Files.
28. The Customer must not use any part of the Cutting Files for any other purpose.
29. The Customer acknowledges that compliance with boat building laws differ in each jurisdiction. The Customer warrants they have taken the necessary steps under the relevant Act and/or Regulations in their jurisdiction to construct the CNC Marine boat and acknowledges compliance with any relevant Act and/or Regulations in their jurisdiction is not the responsible of CNC Marine.
30. Where the Customer engages a manufacturer to prepare the materials based on the Cutting Files, Customer acknowledges they must ensure the Intellectual Property of CNC Marine is kept confidential. If CNC Marine suffers any loss due to the breach by any third party by way of failure of the Customer to maintain confidential, CNC Marine may seek any loss from the Customer.

SINGLE BUILD PLANS

31. These clauses 27 to 37 apply if the Customer has ordered Single Build Plans from CNC Marine.
32. Upon receiving an Order from the Customer, CNC Marine will provide Assembly Instructions to the Customer and Cutting Files will be sent directly to the cutting facility.
33. CNC Marine grants the Customer a single build licence to build one (1) boat using CNC Marine plans as purchased by the Customer and is not permitted to use any part of the plans for construction of any subsequent vessels.
34. The Plans provided by CNC Marine include relevant drawings and design data and instructions for assembly necessary to build the boat.
35. The Customer is responsible for sourcing the materials to build the boat which are appropriate for the Plans provided by CNC Marine.
36. CNC Marine can provide the Customer with recommendations of contractors to cut the materials, on request. The Customer may accept CNC Marine’s recommendations or source their own contractors. CNC Marine is not liable and the Customer releases CNC Marine from any liability for the actions of the contractors as recommended by CNC Marine.
37. CNC Marine reserves its rights to require the Customer’s contractor to enter into a separate agreement with CNC Marine in relation to the cutting of the materials and the specific terms that apply to Single Build Plan.
38. Where the Customer engages its own contractor to cut the materials, the Customer acknowledges they are required to ensure the contractor uses CNC Marine plans for a single build only. The Customer acknowledges they must ensure the Intellectual Property of CNC Marine is kept confidential. If CNC Marine suffers any loss due to the breach by any third party by way of failure of the Customer to maintain confidential, CNC Marine may seek any loss from the Customer.
39. CNC Marine may, acting reasonably, refuse to provide CNC Marine’s cutting files to the Customer’s contractor.
40. The Customer must not copy, sell or re-distribute any part of the Plans.
41. The Customer must not use any part of the Plans for any other purpose.

MODIFICATIONS TO DESIGNS

42. Modifications to CNC Marine designs and kits are warranted when undertaken by CNC Marine,
43. The Customer acknowledges that unauthorised modification may result in loss of performance or defects in the vessel produced and may cause safety issues.
44. CNC Marine will not be liable for any loss or damage suffered as a result of or arising from any unauthorised modification of the CNC Marine Products or any part of it.
45. The Customer acknowledges that it may not be possible for CNC Marine to conduct tests to validate compliance and standards for Approved Modifications due to the personalised nature of some designs.

PRODUCT AND PRICING

46. All prices listed on the CNC Marine Website are in the related currency of the selected region. CNC Marine accepts no responsibility for the Customer selecting CNC’s products in the incorrect region.
47. The customer agrees to pay any Goods and Services Tax (GST) in addition to the CNC Marine price where it is applicable to do so in the relevant jurisdiction.
48. Whilst CNC Marine will attempt to ensure that all details, descriptions and prices on the Website are accurate, errors may occur. If an error is discovered in the price of any Products, CNC Marine will correct this error as soon a reasonably practicable.

PAYMENT

49. Where noted on CNC Marine’s website, any holding deposit is in accordance with our refund policy and is payable in order to secure the Product (Holding Deposit).
50. The balance of the total invoice due is to be paid as follows:
    • In relation to the Kits, prior to materials being cut by CNC Marine.
    • In relation to the Cutting Files and Plans, prior to the release of the final Cutting Files and Plans to the Customer.
51. Alternate payment terms, particularly for custom designs or modifications will be clearly defined in proposals by CNC Marine to the Customer where applicable, stating any additional payment requirements.
52. Once payment has been received in full, CNC Marine will issue a Tax invoice showing the Products purchased and amounts paid.

PAYMENT METHODS ACCEPTED

53. CNC Marine accepts the payment methods as shown on the invoice from CNC Marine.

CANCELLATIONS

54. The Customer may cancel an Order prior to the commencement of design works or cutting of the Kit by providing written notice to CNC Marine. Where the Customer cancels an order the Holding Deposit paid by the Customer is refundable.

REFUND POLICY

55. Refunds are not available on Cutting Files and Plans after the files have been supplied.
56. A refund, less an administration fee may be provided if requested only in the following circumstance:
    • In relation to the Kits, prior to materials being cut by CNC Marine;
    • In relation to personalised Cutting Files and Single Build Plans, which is made for a particular design request by the Customer, prior to any design modifications being commenced by us.

AVAILABILITY OF PRODUCTS

57. A project starts when CNC Marine accepts the Customer’s order of the Product (a Project).
58. CNC Marine acknowledges that it will make every effort to deliver the Products in a reasonable time frame. A timeline with an estimated beginning and end date will be provided to the Customer. Nevertheless, any delays not caused by CNC Marine may affect the projected timeline.
59. The Customer agrees to respond to the requests of CNC Marine in a timely manner in relation to any revision requests once Project has commenced.
60. A Project will be considered abandoned if the Customer has not communicated to CNC Marine after 30 days of the last communication (Abandonment Date). If the Project is considered to be abandoned, the Customer will not have any rights to use any of the work that was presented to them, unless the Project has been paid in full.
61. If the Customer communicates and responds to CNC Marine after 30 days from the Abandonment Date, a restart fee may be applicable before resuming any further work. The amount of this fee will be determined at CNC Marine’s discretion.

CNC GUIDELINES

62. CNC Marine may provide guidelines for the fitout and assembly of its Products, and the Customer acknowledges that failure to follow these guidelines may result in sub-optimal performance. The Customer agrees to comply with CNC Marine’s guidelines provided from time to time and acknowledges that CNC Marine shall not be liable if the guidelines have not been followed.

RISK

63. Risk of loss or damage of the Product passes to the Customer upon dispatch of the Product.
64. When the customer arranges their own pick-up or delivery, the risk of loss or damage to the product transfers to the customer upon pick-up or dispatch.

DISPATCH AND DELIVERY

65. The Customer must inspect the Product immediately upon delivery and notify CNC Marine, if the Product is damaged during shipping due to water damage, within three (3) hours and in respect of any other damage within five (5) days of receipt of the Product if the Product is damaged or not in accordance with the specified requirements (Notice Period). If the Customer fails to give such notice within five (5) days from the Notice Period, the Product is deemed to be in all respects in accordance with the specified requirements.
66. CNC Marine will investigate the damage and may, at its sole discretion, replace or repair the damaged Product.
67. Non delivery of the Product must be reported to CNC Marine as soon as possible.
68. CNC Marine acknowledges that it will ensure that the Products are delivered in a timely manner. CNC Marine will not be liable for any loss or damage incurred by any person as a result of delay caused by the carrier such that CNC Marine has no control over or by any event which is out of CNC Marine’s reasonable control or foresight including but not limited to any delay caused by an incorrect delivery address being provided to CNC Marine.
69. Delivery costs will be charged in addition to the quoted kit or design drive. Such additional charges are clearly displayed where applicable and will be included in the Tax Invoice.
70. CNC Marine may at its option deliver the Products to the Customer in any number of instalments, based on any delivery restrictions not allowing CNC Marine to deliver the Products in one delivery.
71. If CNC Marine delivers any Products by instalments, and any one of those instalments is defective for any reason:
    • this does not constitute a repudiation of the contract of sale formed by these conditions; and
    • the defective instalment is a severable breach that gives rise only to a claim for compensation.

SPECIFIC REGULATIONS OF JURISDICTION

72. CNC Marine undertakes the necessary quality assurances in providing the goods to the Customer and build to the standards of Australia.
73. CNC Marine is not responsible for ensuring the Product and its Approved Modifications meet the safety standards required by the Customer’s local marine authority. The Customer is responsible for confirming the design is suitable prior to purchasing the Products.

INTELLECTUAL PROPERTY AND COPYRIGHT

74. The Customer must not copy or reproduce the aluminium pre-cut parts for any other purpose whatsoever.
75. In all cases, the Customer acknowledges CNC Marine retains full ownership of the design, drawings, cutting files, intellectual property and design data.
76. CNC Marine’s designs, drawings, plans and cutting files are protected by international copyright law.
77. The Customer must not copy, redistribute or reproduce (either in whole or in part) the design, data, cutting files and /or drawings.
78. When contracting the cutting of kits and/or the construction of the boat, the Customer must take all reasonable precautions to keep our information confidential and secure.

USE OF IMAGES

79. CNC Marine retains the right to include images and details of finished projects in their portfolio. For information on how we handle your data, please refer to our Privacy Policy. If you prefer not to have your images or details featured in CNC Marine’s portfolio, kindly inform CNC Marine.

LIMITATION OF LIABILITY AND INDEMNITY

80. CNC Marine is not liable to the Customer for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with the agreement, except to the extent that such liability may not lawfully be limited or excluded. For the avoidance of doubt, this extends to any employees, contractors, agents, representatives, licensees or permitted assigns of CNC Marine.
81. Where CNC Marine cannot be excluded by law from such liability, its liability to the Customer will be limited to, if the breach relates to goods, the replacement of goods or the repair of the goods, or if the breach relates to the services, the supply of those services of the payment of the cost of those services or goods supplied.
82. The Customer’s exclusive remedy for all of the foregoing shall be limited to the amount actually paid for Products or services by the customer to CNC Marine. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
83. The Customer acknowledges and agrees to indemnify and hold harmless CNC Marine, its directors, officers and employees against any and all claims, actions or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising from or in connection with the Customer’s use of the Products or services provided by CNC Marine, including but not limited to any breach by the Customer of these Terms and Conditions or any applicable law or regulation.
84. CNC Marine holds no responsibility for any losses or damages due to inadequate boat assembly/build or failure to follow CNC Marine instructions.
85. If Customer engages a builder to build the boat, Customer is responsible for builder’s workmanship and compliance with these Terms and Conditions and any statutory requirements.
86. The Customer acknowledges and agrees that boat building requires fabrication and welding skills. The Customer acknowledges that they may need professional assistance with all or part of the kit assembly.
87. CNC Marine does not guarantee that the Product meets the Customer’s boating requirements. The Customer must ensure prior to placing an Order with CNC Marine that the Product meets the Customer’s needs.
88. To the fullest extent permitted by the law, CNC Marine exclude all warranties implied by law except as expressly set out in the terms and conditions.

SEVERABLE

89. If any part of these Terms and Conditions are found to be void and unenforceable, it will not affect the validity of the balance of these Terms and Conditions.

JURISDICTION AND GOVERNING LAW

90. This Terms and Conditions is governed by the laws of Australia and the State of Queensland.
91. In case of a dispute in relation to these Terms and Conditions, the Customer agree to submit to the jurisdiction of the Courts of Queensland.