Has anyone reviewed the conditions setout by Mooring Service providers?

I have used the same provider for 15 years or more but now new owner who wants to put all responsibility on the customer.

The risk is almost fully transferred to the customer including any damage, injury etc to anyone.

I just find it unacceptable as most is way outside my control or expertise.

Does anyone else have this level of conditions imposed on them, in particulair in Lake Macquarie NSW or know of a more reasonable reliable service provider?

I think any service provider has legal "duty of care" obligations and it is not possible to "contract" out of them.

Sounds to me like the mooring service provider's insurance company has dropped him.

Another condition added is 7 days to pay or 2.5% per month is added ie 30% pa

Ramona said...
In NSW you own the mooring equipment and rent the place so your insurance should cover the equipment.

What insurance? Does boat insurance cover mooring apparatus?

Or what type of insurance will cover the mooring apparatus, and consequential damage if it should fail?

I'll put my hand up as a lawyer. I'm not quite sure whether you are referring to incidents after the contractor's service or incidents during the service. You can message me with the copy of the contractor's terms.
In any event there is some basic terms implied into all contracts for the supply of goods and services that you cannot exclude (at least if the cost of the goods or services is less than $40,000 which should include all the usual mooring supply and servicing costs). The Competition and Consumer Act (formerly the Trade Practices Act) provides that there is implied into such contracts (regardless of whether it is in the written agreement/terms or not) a fitness for purpose term, namely if you have:
(i) made known to the provider the purpose; and
(ii) you rely on the providers skill and knowledge to provide goods and services to satisfy that purpose; and
(iii) it is in the usual business activities of that provider to supply goods and services of that type;
Then the goods and services that are supplied must be fit for the purpose.
I would think that would cover the issue and that the exclusion of liability clause would be attempting to cover events that intervene and I would expect to see a tag to their exclusion of liability clause such as "to the extent permissable by law". Because a business cannot exclude the statutory implied consumer protection provisions in the Competition and Consumer Act.

The contractor has now replied and has agreed to remove all the conditions,