Terms of Service

Last updated: January 2025

1. Introduction

These Terms of Service ("Terms") govern your use of the ORCA Engineering and Marine website ("Website") and the engineering and marine services we provide ("Services"). By accessing our Website or engaging our Services, you agree to be bound by these Terms.

2. About ORCA Engineering and Marine

ORCA Engineering and Marine is a New Zealand company specialising in precision engineering, marine fabrication, waterjet cutting, and custom manufacturing solutions. We are located at 81 View Road, Mangakakahi, Rotorua 3015, New Zealand.

3. Website Use

3.1 Permitted Use

You may use our Website for lawful purposes only, including:

• Viewing information about our services and products
• Contacting us for enquiries and quotes
• Downloading publicly available resources

3.2 Prohibited Use

You must not use our Website to:

• Violate any applicable laws or regulations
• Transmit harmful, threatening, or offensive content
• Attempt to gain unauthorised access to our systems
• Use automated systems to scrape or harvest data
• Interfere with the Website's functionality or security
• Infringe on intellectual property rights

4. Service Agreements

4.1 Quotations and Estimates

All quotations and estimates provided are:

• Valid for 30 days unless otherwise specified
• Subject to confirmation of project specifications
• Exclusive of GST unless stated otherwise
• Based on current material and labour costs

4.2 Project Acceptance

Services commence upon:

• Written acceptance of our quotation
• Receipt of agreed deposit or purchase order
• Finalisation of project specifications and drawings

4.3 Variations and Changes

Any changes to agreed specifications must be:

• Requested in writing
• Approved by both parties
• Subject to additional costs and timeframe adjustments

5. Payment Terms

5.1 Standard Terms

• Deposit: 50% deposit required before work commences
• Progress Payments: As agreed for larger projects
• Final Payment: Due on completion and before delivery
• Payment Period: 7 days from invoice date unless otherwise agreed

5.2 Late Payment

Late payments may incur:

• Interest charges at 2% per month on overdue amounts
• Recovery costs and legal fees
• Suspension of work on current and future projects

6. Delivery and Risk

6.1 Delivery Timeframes

Delivery dates are estimates and subject to:

• Material availability and supplier delays
• Weather conditions and unforeseen circumstances
• Client-requested changes or delays
• Compliance with safety and quality standards

6.2 Risk Transfer

Risk in goods passes to the client upon:

• Collection from our premises, or
• Delivery to the agreed location

7. Quality and Compliance

7.1 Standards

Our work complies with:

• Relevant New Zealand and Australian standards
• Maritime Rules and regulations (for marine work)
• Building codes and consent requirements
• Health and safety legislation

7.2 Warranties

We provide warranties on:

• Workmanship: 12 months from completion
• Materials: As per manufacturer warranties
• Marine Vessels: As per Maritime Rules requirements

8. Limitation of Liability

8.1 Exclusions

To the maximum extent permitted by law, we exclude liability for:

• Indirect, consequential, or special damages
• Loss of profits, revenue, or business opportunities
• Delays beyond our reasonable control
• Third-party products or services

8.2 Maximum Liability

Our total liability is limited to the value of the specific project or service provided, except where prohibited by law.

9. Intellectual Property

9.1 Our Rights

We retain ownership of:

• Design methodologies and processes
• Templates and standard specifications
• Trade secrets and know-how
• Website content and branding

9.2 Client Rights

Clients receive rights to:

• Custom designs created specifically for their project
• Use completed products for their intended purpose
• Modification rights as appropriate

10. Health and Safety

We are committed to maintaining safe working practices:

• All work complies with Health and Safety at Work Act 2015
• Site safety requirements must be followed
• Personal protective equipment is mandatory
• Incidents must be reported immediately

11. Environmental Responsibility

We operate in accordance with environmental regulations:

• Proper disposal of waste materials
• Use of environmentally appropriate processes
• Compliance with resource consent requirements
• Sustainable practices where possible

12. Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control, including:

• Natural disasters and extreme weather
• Government actions and regulatory changes
• Labour disputes and material shortages
• Pandemic restrictions and public health orders

13. Dispute Resolution

13.1 Initial Resolution

Disputes should first be addressed through direct communication with our management team.

13.2 Mediation

If direct resolution fails, disputes may be referred to mediation through a mutually agreed mediator.

13.3 Legal Proceedings

These Terms are governed by New Zealand law, and any legal proceedings must be conducted in New Zealand courts.

14. Privacy

Your privacy is important to us. Please refer to our Privacy Policy for information about how we collect, use, and protect your personal information.

15. Changes to Terms

We may update these Terms periodically. Changes will be effective when posted on our Website. Continued use of our Website or Services constitutes acceptance of updated Terms.

16. Consumer Guarantees

Nothing in these Terms excludes, restricts, or modifies any consumer rights under the Consumer Guarantees Act 1993 or other applicable consumer protection laws.

17. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

18. Contact Information

For questions about these Terms of Service, please contact us: