1. Acceptance of Terms

By requesting, booking, approving, or permitting Cairns Scuba Services to undertake any services, the Client agrees to be bound by these Terms and Conditions. This includes verbal instructions, text messages, email correspondence, written quotations, marina walk up work, and ongoing service arrangements.

2.     Services

Cairns Scuba Services provides underwater hull cleaning, propeller cleaning, seawater intake cleaning, anode replacement, underwater inspections, condition reporting, and related underwater maintenance services.

Services may be modified, postponed, or cancelled where necessary due to safety, environmental conditions, equipment limitations, vessel condition, marina requirements, or regulatory obligations.

3.     Vessel Condition and Existing Damage

The Client warrants that the vessel is suitable for the requested services and that all known defects, sensitive equipment, specialised coatings, damaged fittings, or other relevant information has been disclosed.

Cairns Scuba Services is not responsible for pre existing damage, defects, corrosion, coating failure, electrolysis, leaks, mechanical faults, structural weaknesses, deterioration, or equipment failure.

Any observations made during the course of work are general observations only and do not constitute a marine survey, engineering assessment, certification, or guarantee of vessel condition.

4.     Risk Acknowledgement and Assumption of Risk

The Client acknowledges that underwater cleaning and maintenance activities involve inherent risks which cannot be completely eliminated.

These risks include but are not limited to:

• Removal, scratching, scuffing, polishing, marking, or wear of antifouling coatings.

• Exposure of underlying coatings, bare substrate, corrosion, pitting, osmosis, electrolysis damage, coating failure, or other pre existing conditions.

• Minor cosmetic scratching or marking of propellers, shafts, rudders, trim tabs, anodes, seawater intakes, transducers, underwater lights, and other underwater fittings.

• Discovery or exposure of hidden defects, deterioration, corrosion, coating failure, or equipment faults previously concealed by marine growth or fouling.

• Environmental conditions including currents, visibility, debris, marine life, vessel movement, and marina operating conditions.

The Client acknowledges and accepts these risks and authorises Cairns Scuba Services to undertake the requested work.

5.     Limitation of Liability

To the maximum extent permitted by law, Cairns Scuba Services excludes liability for indirect, consequential, incidental, special, or economic loss including loss of use, vessel downtime, loss of charter income, loss of business, loss of profit, loss of opportunity, travel expenses, or associated costs.

Where liability cannot be excluded by law, the total liability of Cairns Scuba Services for any claim arising from the services shall not exceed the amount paid by the Client for the relevant service.

Nothing in these Terms excludes any rights or remedies that cannot be excluded under Australian law.

6.     Client Responsibilities

The Client must:

• Provide accurate vessel information.

• Ensure safe and lawful access to the vessel.

• Secure loose equipment and personal items.

• Disclose known defects, damage, sensitive equipment, specialised coatings, or operational concerns.

• Ensure all necessary permissions have been obtained from marina operators, vessel owners, or relevant authorities.

7.     Safety and Work Refusal

Cairns Scuba Services may refuse, suspend, modify, or terminate work where conditions are considered unsafe or unsuitable.

This includes adverse weather, poor visibility, vessel movement, unsafe access, aggressive marine life, contamination, equipment concerns, or any other circumstance presenting an unacceptable risk.

No liability is accepted for delays, cancellations, incomplete work, or additional costs arising from such decisions.

8.     Pricing and Payment

Pricing will be agreed before commencement where reasonably practicable.

Unless otherwise agreed in writing, payment is due upon completion of services.

Late payments may incur reasonable debt recovery costs.

9.     Weather and Environmental Conditions

Services may be delayed, modified, rescheduled, or cancelled due to weather, water quality, environmental conditions, marina restrictions, vessel access limitations, or operational considerations.

Cairns Scuba Services is not liable for any resulting costs, delays, losses, or inconvenience.

10.  Indemnity

The Client indemnifies and holds harmless Cairns Scuba Services, its owners, employees, contractors, and agents from and against any claims, losses, liabilities, damages, costs, or expenses arising from:

• Pre existing vessel conditions.

• Inaccurate, incomplete, or misleading information supplied by the Client.

• Vessel defects, equipment failure, corrosion, coating failure, or deterioration.

• The operation, movement, use, maintenance, or condition of the vessel before, during, or after the services.

• Claims made by third parties arising from the vessel or its condition, except where caused by the proven negligence of Cairns Scuba Services.

11.  Photographic Records

The Client authorises Cairns Scuba Services to take photographs and video recordings of the vessel before, during, and after the services for operational, evidentiary, insurance, reporting, training, quality assurance, and marketing purposes.

Identifying vessel details will not be published without consent.

12.  No Guarantee of Fouling Removal

Cairns Scuba Services does not guarantee complete removal of all marine growth, fouling, staining, corrosion, or discolouration.

Results may vary depending on coating condition, vessel age, fouling levels, access limitations, environmental conditions, and previous maintenance history.

13. Inspection and Condition Reports

Any inspection, condition report, photographs, videos, observations, recommendations, or comments provided by Cairns Scuba Services are general in nature and are based only on the areas visible and accessible at the time of inspection.

Services provided by Cairns Scuba Services do not constitute a marine survey, insurance survey, vessel certification, engineering assessment, structural assessment, valuation, seaworthiness determination, or compliance inspection unless expressly agreed in writing.

Cairns Scuba Services makes no representation or warranty that all defects, damage, corrosion, deterioration, equipment faults, coating failures, or other conditions will be identified during an inspection.

The Client acknowledges that marine growth, visibility limitations, restricted access, vessel design, environmental conditions, and operational constraints may prevent the identification of defects or damage.

The Client must not rely solely upon any inspection, report, photograph, video, or verbal advice provided by Cairns Scuba Services when making decisions regarding vessel purchase, sale, insurance, maintenance, operation, or seaworthiness.

14. Repairs, Maintenance and Replacement of Components

The Client acknowledges that the removal, adjustment, replacement, installation, or servicing of underwater components, including but not limited to anodes, fasteners, grates, screens, and similar equipment, may involve interaction with components that are aged, corroded, seized, damaged, deteriorated, or otherwise compromised.

Cairns Scuba Services shall not be liable for the failure, breakage, leakage, malfunction, or deterioration of components resulting from pre existing wear, corrosion, fatigue, manufacturing defects, improper installation, lack of maintenance, or existing damage.

Where a component is found to be unsafe, excessively deteriorated, seized, or unsuitable for servicing, Cairns Scuba Services may refuse to proceed with the work.

Any recommendations provided regarding repairs, maintenance, or replacement are general in nature and do not constitute engineering advice, certification, or a guarantee of future performance.

15. Through Hull Fittings and Seawater Intakes

The Client acknowledges that marine growth, corrosion, scale, and debris may conceal defects within seawater intakes, strainers, grates, valves, and through hull fittings.

Cleaning or clearing such fittings may expose pre existing deterioration, corrosion, damage, or defects that were not visible prior to the service.

Cairns Scuba Services accepts no responsibility for failures, leaks, reduced service life, blockages, equipment malfunction, or subsequent defects arising from pre existing conditions within these systems.

16. Parts Supplied by Client

Where parts, consumables, or materials are supplied by the Client, Cairns Scuba Services makes no warranty as to the suitability, quality, compatibility, performance, or fitness for purpose of those parts and accepts no liability arising from their use.

The Client remains responsible for ensuring supplied parts are suitable for the intended application.

17. Scope of Services

Unless expressly agreed in writing, Cairns Scuba Services provides underwater cleaning, inspection, maintenance, and related services only.

Cairns Scuba Services does not provide marine surveying, vessel certification, engineering assessments, naval architecture services, structural repairs, mechanical repairs, electrical repairs, compliance inspections, or professional engineering advice.

Any observations or recommendations provided are general in nature and must not be relied upon as professional certification or expert opinion.

18.  Ongoing Services

Where a Client has previously accepted these Terms and Conditions, those Terms and Conditions shall apply to all future services requested by the Client unless otherwise agreed in writing.

Continued engagement of Cairns Scuba Services constitutes acceptance of the current Terms and Conditions.

19.  Customer Acceptance

By requesting, booking, approving, authorising, or permitting the commencement of services, the Client acknowledges that they have read, understood, and accepted these Terms and Conditions.

20.  Governing Law

These Terms and Conditions are governed by the laws of Queensland, Australia.