Terms and Conditions of Trade

In these terms:

• (a)

  Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth).

• (b)

  Background IP means Intellectual Property Rights We own or are licensed to use before the contract, or that We develop independently of the Services, including methods, tools, templates, libraries and know-how.

• (c)

  Business Day means a day that is not a Saturday, Sunday or public holiday in New South Wales.

• (d)

  Consumer means a person who is a consumer under the Australian Consumer Law.

• (e)

  Consumer Guarantee means a guarantee in Division 1 of Part 3-2 of the Australian Consumer Law.

• (f)

  Deliverables means drawings, reports, programs, data, designs and other documents We create specifically for You under a Quote. It does not include Background IP.

• (g)

  Deposit means the amount described as a deposit in the Quote.

• (h)

  Intellectual Property Rights means copyright, trade marks, patents, designs, circuit layouts and any other intellectual property rights, registered or not.

• (i)

  Materials means materials, goods, parts and equipment We supply to perform the Services. It does not include materials You supply.

• (j)

  Quote means Our written description of the Materials and Services, the price or the basis of charging, any time estimate, and any special conditions. It may be sent by email or made available through Our website.

• (k)

  Services means the work described in the Quote.

• (l)

  Site means the place stated in the Quote where the Services are to be performed.

• (m)

  We, Us and Our mean Maritek Pty Ltd (ACN 649 125 922, ABN 51 649 125 922).

• (n)

  You and Your mean the customer named in the Quote. If You are more than one person, Your obligations are joint and several.

In these terms, unless the context requires another meaning:

• (a)

  writing includes email;

• (b)

  the singular includes the plural and the other way around;

• (c)

  a reference to a clause is a reference to a clause of these terms;

• (d)

  a reference to a Party includes that Party’s executors, administrators, successors and permitted assigns;

• (e)

  a reference to an Act includes that Act as amended and any instrument made under it;

• (f)

  including means including without limitation;

• (g)

  GST words have the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth);

• (h)

  the document-control block, headings, and any shaded note marked as a reading aid are for identification and convenience only and do not affect interpretation; and

• (i)

  if a word is defined, other grammatical forms of that word have a matching meaning.

A contract is made on the earlier of:

• (a)

  the date You accept the Quote in writing, including by email or through Our website; and

• (b)

  if You pay the Deposit or ask Us in writing to start, the date We accept that request by starting the Services or by telling You that We have accepted.

The contract is the following documents. If they conflict, the document higher in this list prevails:

• (a)

  a variation agreed in writing by the Parties;

• (b)

  the special conditions in the Quote;

• (c)

  where the Home Building Act 1989 (NSW) applies, any term that Act requires to be included;

• (d)

  these terms; then

• (e)

  any other document the Parties agree in writing is part of the contract.

Your purchase order, or any other standard terms You issue, do not apply unless We agree to them in writing. These terms do not limit a mandatory law. If the Australian Consumer Law, the Home Building Act 1989 (NSW) where it applies, the Building and Construction Industry Security of Payment Act 1999 (NSW) where it applies, or a work health and safety law conflicts with these terms, that law prevails to the extent of the conflict.

These terms apply to Quotes We issue on or after 15 October 2026. They do not change a contract already made, except by a written variation confirmed by both Parties.

Please read these terms before You accept a Quote. Ask Us if anything is unclear, and keep a copy.

A Quote is open for 30 days from its date unless it states a different period. We may withdraw a Quote before You accept it, by telling You in writing.

A Quote is based on the information You give Us, the cost of Materials at the time, and the time We expect the Services to take. Rates in a Quote exclude GST unless the Quote says otherwise.

A Quote is a fixed price only if it says so. If it does not, it is a genuine pre-estimate of the likely cost, not a promise that the final price will not change.

If the Quote is an estimate and We reasonably expect the price to be more than 15% above the estimate, or above any contingency the Quote states, We will tell You as soon as practicable. We will not carry out the extra work until You approve a variation. You may instead end the part of the contract that has not been performed, under clause 13.

If the Quote is a fixed price, that price changes only:

• (a)

  by a variation under clause 4;

• (b)

  if the cost of a Material changes before We order it, We tell You the change in writing before ordering, and You agree to the change or tell Us not to supply that Material; or

• (c)

  as clause 7.4 provides, where You cause delay or interruption.

We do not have to start the Services until You have accepted the Quote and paid any Deposit that is then due.

A date or period in a Quote is an estimate unless the Quote says it is a fixed date. We will tell You if We expect a material delay. What happens on delay is set out in clauses 12 and 13. We do not promise a completion date merely by giving an estimate.

Either Party may ask for a change to the Services, the Materials, the price or the time. A change is binding only when both Parties agree it in writing, including by email, except where clause 4.2 applies.

We may carry out work before a variation is agreed if the work is reasonably required at once to make the Site safe, to prevent damage, or to comply with law. We will tell You as soon as practicable and may charge a reasonable price for that work.

If You ask Us to do extra work and, with Your knowledge, We do it before a variation is recorded, You must pay a reasonable price for that work. We will confirm the price in writing as soon as practicable.

The Quote states the Materials We expect to supply. A need for further Materials may only become clear when the Services are under way, for example because a condition at the Site was not reasonably apparent when We quoted. Extra Materials are a variation under clause 4, unless they are already covered by an allowance in the Quote.

If Materials are not at the Site, We may collect or order them. Reasonable time and travel to do that may be charged at the rates in the Quote. If a return visit or a special order will materially increase the price, We will tell You before incurring that cost where it is practicable to do so.

Materials We supply will correspond with their description in the Quote and will be fit for a purpose that is stated in the Quote or that You made known to Us and that We agreed to. This clause does not limit Your rights under the Australian Consumer Law.

The price is the fixed price in the Quote, as varied, or, if the Quote is an estimate or is charged on rates, the rates in the Quote applied to the Services performed and the Materials supplied, as varied.

Prices exclude GST unless the Quote says otherwise. We will add GST to a taxable supply and issue a tax invoice. Where the Australian Consumer Law requires a price to be stated as a single price including GST, We will state it that way.

Unless the Quote says otherwise, a minimum charge of two hours applies to each Site attendance, at the rates in the Quote. The minimum will be stated in the Quote.

If the Quote requires a Deposit, You must pay it on acceptance. We may wait to start until it has cleared into Our account. Where section 8 of the Home Building Act 1989 (NSW) applies, the Deposit will not exceed 10% of the contract price. Where that Act requires Home Building Compensation cover, We will not request the Deposit or any other payment, and We will not start the work, until the certificate of cover required by that Act has been given to You.

We may invoice:

• (a)

  the Deposit, on acceptance;

• (b)

  special-order Materials, when We order them, if the Quote or a variation says so;

• (c)

  progress claims for Services performed and Materials delivered, not more often than weekly unless the Quote says otherwise; and

• (d)

  the balance, on completion, or after completion.

Other than a Deposit and an agreed special-order amount, We will not require You to pay the full price before the Services start.

You must pay each invoice within 7 days after the invoice date, unless the Quote states a longer period. If the Building and Construction Industry Security of Payment Act 1999 (NSW) says an amount cannot fall due later than a maximum period, and a term of the contract would make it due later than that maximum, the statutory maximum applies instead.

If You dispute part of an invoice, tell Us in writing within 7 days after You receive it, identify the part in dispute, and say why. Pay the undisputed part by the due date. A genuine dispute notice stops interest running on the disputed part until the dispute is resolved. This clause does not limit a right to give a payment schedule under security of payment law.

If an undisputed amount is overdue, We may suspend the Services until it is paid, after giving You at least 2 Business Days’ notice. We are not in breach because of that suspension, and agreed dates are extended by the period of the suspension. We will not leave a Site during a task if that would leave plant, a system or a vessel unsafe. We will make the work safe before We leave.

An undisputed amount that is overdue bears simple interest at 10% per year, calculated daily from the day after the due date until the day it is paid. Interest is not compounded, and is not charged on an amount covered by a genuine dispute notice under clause 6.8 until that dispute is resolved.

You must pay the reasonable external costs We actually incur in recovering an overdue undisputed amount, including reasonable legal fees. We will not add an internal administration or overhead charge as a collection fee.

You may deduct from an invoice only a credit We have issued, an amount We have agreed in writing, or an amount a law requires or allows You to deduct. Nothing in these terms is a pay-when-paid term. Payment is not conditional on You being paid by another person.

You are responsible for checking that the Quote describes the Services You want, before You accept it.

You must give Us safe, clear access to the Site at the agreed times, including a safe work area and reasonable use of power where the work needs it. You must tell Us in time about Site rules and inductions that We must complete before starting.

Before We start, You must tell Us of hazards You know about, or ought reasonably to know about, that a competent contractor would need in order to do the work safely. That includes concealed services, asbestos, energised equipment and isolation points. If You do not, and We have to stop or change the method, clause 4 applies to the necessary change.

If the Services are interrupted, or We are delayed, by You, by Your other contractors, or because access is not available, We will tell You. You must pay the reasonable extra cost, including a necessary return visit, but only to the extent the interruption was not caused by Us. Where practicable We will tell You the likely extra cost before incurring it.

If You supply materials or equipment, You are responsible for their suitability, quality and condition, except to the extent a defect was reasonably apparent to Us and We used them without telling You. We are not liable for a defect in the Services to the extent it is caused by those materials.

You must obtain any approval, permit or site authority that only You can obtain, unless the Quote says We will obtain it. We must obtain any licence that We are required by law to hold to do the Services.

Each Party must comply with the Work Health and Safety Act 2011 (NSW), and any other work health and safety law that applies to the Services, including any duty that Party has as a person conducting a business or undertaking. Nothing in these terms limits a duty that cannot lawfully be limited, or transfers a duty that cannot lawfully be transferred.

We may suspend the Services if We reasonably consider that continuing would be unsafe. We will tell You as soon as practicable and will restart when it is reasonably safe to do so. We are not in breach for that suspension. If the risk was not caused by Us, clause 7.4 applies to the reasonable cost of the delay.

Risk in Materials passes to You when they are delivered to the Site. We remain liable for loss or damage to the extent it is caused by Our negligence or Our breach of the contract while We are still performing the Services.

Title in Materials does not pass to You until You have paid the price of those Materials and of the Services relating to them under the relevant Quote. Until title passes, and only while the Materials have not become a fixture:

• (a)

  You hold them as bailee and must take reasonable care of them, and must not sell or mortgage them;

• (b)

  if payment of the price of those Materials is overdue by more than 14 days, We may, after 5 Business Days’ written notice, retake them at a reasonable time;

• (c)

  You must allow Us reasonable access to do so. We must comply with law and must cause no more damage than is reasonably necessary;

• (d)

  We are liable for damage or injury to the extent it is caused by Our negligence during that recovery. You do not indemnify Us against that liability; and

• (e)

  We may sue for the price even though title has not passed.

If Materials have become a fixture, We will not remove them where removal would damage the premises out of proportion to the value of the Materials, or would make an installation unsafe. Our remedy is then to recover the unpaid price as a debt.

These terms are a security agreement for the Personal Property Securities Act 2009 (Cth). You grant Us a security interest in Materials We supply, and in proceeds of those Materials, to secure the price of those Materials and the related Services. To the extent the security interest secures all or part of the purchase price, it is a purchase money security interest. The security interest does not extend to an interest that Act excludes, including an interest in a fixture.

To the extent section 115 of that Act allows it, and only for collateral that is not used predominantly for personal, domestic or household purposes:

• (a)

  We need not comply with sections 95, 118, 121(4), 125, 130, 132(3)(d) and 132(4); and

• (b)

  sections 142 and 143 are excluded.

To the extent section 157 of that Act allows it, You waive the right to receive a verification statement. The waiver does not apply where that Act does not permit it.

You must not, without Our prior written consent, register a financing statement or a financing change statement over Materials We have supplied, or amend or discharge a registration of Ours, except where that Act requires You to.

You must do what is reasonably necessary to help Us register and perfect the security interest. We will pay Our ordinary registration fees. Nothing in this clause excludes a provision of that Act that cannot be excluded.

We own Our Background IP. You own Intellectual Property Rights in material You give Us. You license Us to use that material for the Services.

When You have paid the amounts properly due for the relevant Quote, other than an amount covered by a genuine dispute notice, We grant You a perpetual, non-exclusive, royalty-free licence to use the Deliverables for the Site and the purpose described in the Quote. The licence includes maintaining, repairing and altering the installation, and engaging others to do so. It does not include selling the Deliverables as a product, or using them on another site, unless the Quote says otherwise.

Software or material owned by a third party stays on that owner’s licence. We will pass on any licence We are entitled to pass on.

We do not have to hand over Background IP tools or working files that are not needed to use the licence in clause 10.2. We will not withhold as-built information, test records or other Deliverables that are reasonably required to operate or maintain the installation safely, because an unrelated invoice is in dispute.

We will perform the Services with due care and skill, supply Materials that meet clause 5.3, and do so within a reasonable time if no time is fixed.

If You are a Consumer, You have Consumer Guarantees that cannot be excluded, restricted or modified. Nothing in these terms attempts to do so, except to the extent clause 11.3 limits a remedy and the Australian Consumer Law allows that limit.

Where the Materials or Services are not of a kind ordinarily acquired for personal, domestic or household use or consumption, and it is fair and reasonable, We limit Our liability for a failure to comply with a Consumer Guarantee, as section 64A of the Australian Consumer Law allows, to one of the following, at Our option:

• (a)

  for Materials, replacing them, repairing them, or paying the cost of replacement or repair; and

• (b)

  for Services, supplying the Services again, or paying the cost of having them supplied again.

Nothing in these terms excludes, restricts or modifies:

• (a)

  a Consumer Guarantee, or any other right or remedy, that cannot lawfully be excluded;

• (b)

  liability for death or personal injury caused by negligence;

• (c)

  liability for fraud or wilful misconduct;

• (d)

  liability for misleading or deceptive conduct, or for a false or misleading representation;

• (e)

  a statutory warranty under the Home Building Act 1989 (NSW), where that Act applies; or

• (f)

  a right under the Building and Construction Industry Security of Payment Act 1999 (NSW), where that Act applies.

Without limiting clauses 11.2 to 11.4, if You tell Us in writing, within 6 months after the Services are completed, of a defect in Our workmanship, We will within a reasonable time repair the defect or redo the affected Services. This promise is in addition to Your statutory rights. It does not cover a defect to the extent it is caused by materials You supplied, misuse, a failure to maintain, fair wear, or work done by someone else after completion.

Subject to clauses 11.2 to 11.4, neither Party is liable to the other for loss of profit, production, revenue or anticipated savings, or for indirect or consequential loss, whether in contract, tort (including negligence) or otherwise. This clause does not limit liability to pay the price, a variation, interest or a reasonable recovery cost that is properly due.

Subject to clauses 11.2 to 11.4, Our total liability arising out of one Quote, in contract, tort (including negligence) or otherwise, is limited to the greater of the amount paid and payable by You under that Quote, and the amount We actually recover under a policy of insurance that responds to the liability.

You indemnify Us against loss to the extent it is caused by Your breach of the contract or by Your negligence, reduced to the extent the loss is caused or contributed to by Us. A Party who suffers loss must take reasonable steps to limit it.

A Party is not liable for a failure or delay to the extent it is caused by an event outside that Party’s reasonable control. An event of that kind includes fire, flood, storm, earthquake, epidemic, war, terrorism, a change in law, a lawful direction of a government or site controller, or a failure of a supplier, carrier or utility which the affected Party did not cause and could not reasonably have avoided by reasonable care. It does not include a lack of funds, or industrial action confined to the affected Party’s own employees.

The affected Party must tell the other as soon as practicable, and must take reasonable steps to limit the effect of the event.

Dates are extended by the period of the event. If the event prevents performance for more than 60 days, either Party may end the part of the contract that has not been performed, by written notice. Clause 13 then applies to payment. You do not pay for Services that were not performed, other than Materials already reasonably ordered that cannot be cancelled or returned, less any refund or credit We receive for them.

You may end the contract at any time by written notice. You must then pay:

• (a)

  for Services performed up to the time We stop;

• (b)

  the cost of Materials We have reasonably ordered and cannot cancel or return, and We will deliver those Materials to You or leave them at the Site; and

• (c)

  reasonable third-party cancellation charges We cannot avoid.

We will apply the Deposit and any other amount You have already paid, return any surplus within 14 days, and invoice any shortfall. We will take reasonable steps to cancel orders and to return unused Materials for a credit.

We may suspend or end the contract by written notice if:

• (a)

  an undisputed amount remains unpaid 7 days after We give You notice that it is overdue;

• (b)

  You are in material breach and You do not remedy it within 10 Business Days after We give You notice of the breach and of what is required to remedy it;

• (c)

  You become insolvent, including by bankruptcy, administration, receivership, liquidation, or being unable to pay Your debts as they fall due; or

• (d)

  access to the Site is unavailable for 10 Business Days for a reason that is not Our fault, and in that time You do not give Us a firm date to restart.

You may end the contract by written notice if We are in material breach and We do not remedy it within 10 Business Days after You give Us notice of the breach and of what is required to remedy it, or immediately if the breach cannot be remedied. You may also end it if We suspend the Services for Our own convenience for more than 20 Business Days, other than a suspension under clause 6.9, 8.2 or 12.

If You end the contract under clause 13.4, You must pay for Services properly performed and Materials supplied up to that date, less Your reasonable extra cost of having someone else finish the unfinished Services, but only to the extent that extra cost is more than the unpaid balance of the price.

Ending the contract does not affect a clause that is intended to continue, or a right that has already accrued.

This clause applies only where the Home Building Act 1989 (NSW) applies to the Services. It does not apply to mining, marine or other work that is not residential building work under that Act.

That Act, and any warranty or term it implies or requires, prevails over these terms to the extent of any inconsistency.

The statutory warranties under that Act apply. They include a warranty period of six years for a major defect and two years for any other defect, running from completion as that Act defines completion. Nothing in these terms, including the six-month workmanship promise in clause 11.5, shortens or excludes those warranties.

Where that Act requires a written contract, the Consumer Building Guide, prescribed information, or Home Building Compensation cover, We will provide what it requires at the time it requires. The Deposit limit is in clause 6.4.

You may complain to NSW Fair Trading and, where it has jurisdiction, apply to the NSW Civil and Administrative Tribunal. Nothing in these terms restricts that right.

Where the Building and Construction Industry Security of Payment Act 1999 (NSW) applies, nothing in these terms excludes, modifies or restricts it. A term that purports to do so has no effect.

A right under these terms to dispute an invoice, to suspend the Services, or to deduct an amount is subject to that Act, including the requirements for a payment claim and a payment schedule.

A pay-when-paid provision is of no effect under that Act and is not a term of this contract.

Clause 18.1 does not decide when a document under that Act is given or received. That is decided by the Act.

If a dispute arises, either Party may give the other a notice describing it. The Parties must then try to resolve it in good faith for 14 days.

If it is not resolved, either Party may refer it to mediation before starting court proceedings, unless urgent relief is needed. Agreeing to talk, or to mediate, does not extend a time limit under security of payment law.

Nothing in this clause stops a Party from seeking urgent relief from a court, using the Building and Construction Industry Security of Payment Act 1999 (NSW), complaining to the Australian Competition and Consumer Commission, NSW Fair Trading or another regulator, or applying to the NSW Civil and Administrative Tribunal where it has jurisdiction.

The contract is governed by the law of New South Wales. The Parties submit to the non-exclusive jurisdiction of the courts of New South Wales.

We collect personal information, such as names, contact details, Site details and payment details, to prepare Quotes, perform the Services, invoice, and meet legal duties. We do not sell personal information.

Where the Privacy Act 1988 (Cth) applies to Us, We will handle personal information in line with the Australian Privacy Principles. The small-business exemption in that Act may apply if We fall under its turnover threshold and no exception applies.

A notice under this contract must be in writing, delivered by hand or sent by email, to the address or email stated in the Quote, or to a replacement address that Party has notified. An email is taken to be received when it is sent, unless the sender receives an automated failure notice. If it is sent after 5.00 pm Sydney time, or on a day that is not a Business Day, it is taken to be received at 9.00 am on the next Business Day. This clause is subject to clause 15.4.

We may engage competent subcontractors to perform part of the Services. We remain responsible to You for work those subcontractors do under the contract. A Party must not assign the contract without the other’s written consent, which must not be unreasonably withheld. We may assign the contract to a related body corporate by written notice if the assignee can perform the Services.

If a part of the contract is unlawful, void or unenforceable, it is read down or severed to the extent needed, and the rest of the contract continues.

A waiver must be in writing. Not enforcing a right at a particular time is not a waiver of that right.

The contract is the entire agreement between the Parties about its subject and replaces earlier negotiations and agreements about that subject. It does not exclude liability for misleading or deceptive conduct, fraud, or any representation the law does not allow the Parties to exclude.

Each Party must do anything reasonably required of it to give full effect to the contract. The contract may be accepted electronically.

Clauses 9, 10, 11, 13.1, 13.2, 15, 16, 17 and this clause 18 continue after the contract ends, as does any other clause which by its nature is intended to continue.