1.Hire Charge

The Charterer shall pay to The Owner as hire payment for the said vessel, for the prescribed period, the sum as stipulated above under the charter fee. Payment of this sum is made by a 1/3 deposit at the time of booking. The balance of the charter fee plus the $2000.00 bond must be paid in full 7 days prior to the charter commencing.

2.Redelivery

Notwithstanding the term herein written, in the event of The Charterer exceeding the time of the hire beyond the completion of the hire term, there being no special circumstances of weather or conditions preventing the completion of the hire term by an ordinarily experienced person in charge of the vessel, The Charterer shall be indebted to The Owner to the extent of one days charter fees, as charges per day or part thereof. Such sum shall be due and owing to the owner as liquidated damages and shall be recoverable by the owner in any court in NZ of competent jurisdiction.

The Charterer will at the expiration of the term of hire, peacefully give up posession of the said vessel to The Owner at the previously agreed to berthage and will, if the said vessel is not returned, obtain the concent of The Owner to his continuing hire at a later date and time, agreeing to pay such further charges as stipulated and failing there so doing as the case may be failing his returning of the said vessel at the later time and date agreed upon, The Owner shall be intitled to treat the vessel as having been unlawfully converted by the charterer for his own use..

3.Bond

The Charterer shall pay to The Owner the sum of $2000.00 as a refundable bond, when the said vessel is returned in an undamaged condition. Except in the case of gross negligence, operating the vessel under the influence of alcohol or drugs, or fishing in excess of MoF (Ministry of Fisheries) fishing regulations, this bond relieves The Charterer of all liability for loss or damage. If during the term of the hire the said vessel should be damaged or involved in an accident, The Charterer will as soon as possible advise The Owner of the full circumstances concerning the accident and in the event of any such damage or accident being of such nature to cause, or be likely to cause, any structural damage to the vessel, The Charterer will not use the same unless and until it has been inspected by The Owner or his representative. The Charterer shall be solely responsible for payment of any repair executed to the said vessel without the written authority of The Owner.

Restricted Use / Navigation Limits.

The Charterer will not sub-let or hire the said vessel to any other person, nor permit or suffer to permit the vessel to be under the control at any time of any person other than the hirer. The Charterer will not take the said vessel outside the Maritime Safety Authority designated charter limits for the said vessel as described in the MSA Certificate displayed in the vessel. These limits are the 12 mile limits of Northland, Barrier, Auckland and Bay of Plenty.

6. Recall or Possession

The Owner reserves the right to terminate the hire and retake possession of the vessel without notice, immediately upon default being made by the charterer in the observance of performance of any of the terms and conditions hereof or in the event of the said vessel being damaged, but any such termination shall be without prejudice to the right of The Owner in respect of any breach of the terms and conditions herein expressed and/ or implied. The Owner reserves the right to cancel the hire or recall the vessel if at any time prior to or during the hire term The Owner considers weather or water conditions prevent, hamper oe endanger the vessel or it's hirer and / or passengers and crew and the hire thereupon terminates.

7. Limitation and Liability

The obligations of The Owner in relation to the said vessel, are limited to those imposed by the Maritime Safety Authority and he will not be responsible for personal injury or property damage arising from any defect or fault which the said regulatiions do not bind him to remedy. The Charterer having inspected the said vessel acknowledges at the time of his commencement of hiring, the said vessel is in good order and safe and suitable condition for the purpose for which the said vessel is hired by him. In the event of the said vessel not being able to start the charter or to complete the charter due to mechanical failure or serious structrual damage or similar, not the fault of the charterer, The Owners liability is limited to refunding the unused portion of the charter fee only.

9. Navigation and Anchoring

The vessel must be anchored or berthed during the hours of darkness, except under extenuating circumstances or express permission having being given by The Owner. To ensure the safety of the vessel and its contents, under no circumstances is the vessel to be left unattended at night and must be kept in reasonable view while going ashore during the day. The vessel must be at anchor by dusk. Under no circumstances anchor the vessel with the primary all chain anchor system in water depths greater than 15 metres. In these circumstances use the chain/warp secondary system. The winch motor is the most vunerable piece of equipment on the vessel. Misuse of it could terminate your charter and repair costs are deducted from the bond.

10. Competency

The Charterer declares that he is of the age of twenty five or over, that the charter party does not exceed the number of persons licenced for the said vessel, that he has read and fully understands the hire agreement, that he has received a copy of the same, that he is capable of operating the vessel so hired and has the nautical knowledge to safely navigate the vessel for his own enjoyment and the safety of all other persons, passengers and the public at large.

11.Cleaning

The vessel will be delivered clean and prepared for charter. The Charterer will return the vessel in the same standard. If this standard is not upheld, The Charterer shall be indebted to The Owner for cleaning fees. If the vessel is used for fishing ensure that all bait residues are regularly scrubbed of all surfaces with the salt water pressure hose and brushes supplied

Note: No smoking in the accomodation area.

12. Declaration

I understand that should my previous experience not be considered adequate to skipper this vessel, The Owner reserves the right the cancel this charter or provide a professional skipper at my expense. I have read and agree to comply with the terms and conditions of hire. I also agree to abide by the law that as the master of the vessel, do not consume excessive alcohol or take drugs whilst on this charter and at all times to have the vessel in a safe anchorage before dusk and will not at any time drive the vessel during the hours of darkness unless in a medical emergency or to avoid unpredicted weather changes placing the vessel and passengers at risk.