Wavemaster – Terms and Conditions of Sale
1. Definitions
In these Terms and Conditions:
Company means Wavemaster Design Pty Ltd (or the ABN holder trading as Wavemaster). Customer means the person or entity purchasing goods, plans, kits, or design products from the Company.Products includes boat kits, plans, CNC cutting files, design documents, and any related goods or services.Kit means a pre-cut aluminium boat kit supplied by the Company. Licensed Quantity means the number of vessels permitted to be constructed under a Production Licence, as specified at the time of purchase.Single Vessel Licence Rate means the standard fee payable for the construction of a single vessel outside of a Production Licence, as published by the Company or otherwise advised in writing at the time of construction. Single Vessel Licence means a non-exclusive, non-transferable licence granted by the Company permitting the Purchaser to construct one vessel in accordance with these Terms. Royalty means an amount paid for each additional vessel constructed under a Production License Production Licence means a non-exclusive, non-transferable licence granted by the Company permitting the Purchaser to construct more than one vessel from a design, in accordance with these Terms.Website means the Wavemaster website and associated online store.
By placing an order, paying a deposit, or purchasing through the website, the Customer agrees to these Terms and Conditions.
Company means Wavemaster Design Pty Ltd (or the ABN holder trading as Wavemaster). Customer means the person or entity purchasing goods, plans, kits, or design products from the Company.Products includes boat kits, plans, CNC cutting files, design documents, and any related goods or services.Kit means a pre-cut aluminium boat kit supplied by the Company. Licensed Quantity means the number of vessels permitted to be constructed under a Production Licence, as specified at the time of purchase.Single Vessel Licence Rate means the standard fee payable for the construction of a single vessel outside of a Production Licence, as published by the Company or otherwise advised in writing at the time of construction. Single Vessel Licence means a non-exclusive, non-transferable licence granted by the Company permitting the Purchaser to construct one vessel in accordance with these Terms. Royalty means an amount paid for each additional vessel constructed under a Production License Production Licence means a non-exclusive, non-transferable licence granted by the Company permitting the Purchaser to construct more than one vessel from a design, in accordance with these Terms.Website means the Wavemaster website and associated online store.
By placing an order, paying a deposit, or purchasing through the website, the Customer agrees to these Terms and Conditions.
2. Acceptance of Terms
All sales are made subject to these Terms and Conditions unless otherwise agreed in writing by the Company.No other terms proposed by the Customer will apply unless expressly accepted by the Company in writing.
Use of any plans, drawings, or cutting files supplied by the Company constitutes acceptance of these Terms
3. Orders
Orders may be placed via:The Wavemaster website.Email or written confirmation.Invoice acceptance and payment.An order is considered accepted only when the Company confirms the order and receives any required deposit.
The Company reserves the right to refuse any order at its discretion.
The Company reserves the right to refuse any order at its discretion.
4. Pricing
Prices are listed in Australian Dollars unless otherwise stated.Prices may change at any time prior to order confirmation.Freight, packaging, insurance, taxes, duties, and import charges are not included unless explicitly stated.Customers are responsible for all applicable taxes and import charges in their jurisdiction.
5. Deposits
For kit purchases or custom orders, a deposit is required to secure design and production scheduling.All deposits are strictly non-refundable.Deposits are taken as confirmation that the Customer intends to proceed with the purchase and that production resources may be allocated.
6. Payment Terms
For boat kits:A deposit is required to secure the order.Full payment must be received before any cutting or manufacturing work commences.The Company is under no obligation to begin cutting or production until payment has cleared in full.Payments may be made via methods specified by the Company, including bank transfer or online payment.
7. Production Timeframes
Production lead times are estimates only.Lead times may vary depending on:Production schedulesMaterial availabilityWorkshop capacityFreight logisticsThe Company will make reasonable efforts to meet estimated timeframes but does not guarantee delivery dates.
8. Kit Supply
Boat kits are supplied as cut aluminium plate components intended for assembly by a competent fabricator or boat builder.
The kits are comprised of aluminium components only. Plate parts are supplied pre-cut and marked with part numbers. Extrusions are supplied un-cut and in standard lengths. Unless explicitly stated, kits do not include:- Welding- Assembly- Finishing- Engines- Fittings and finishings -Electrical systems -Plumbing systems- Coatings or paint - Welding Consumables - Buoyancy foam - Engines The Customer is responsible for ensuring the kit is assembled by suitably qualified persons.
The kits are comprised of aluminium components only. Plate parts are supplied pre-cut and marked with part numbers. Extrusions are supplied un-cut and in standard lengths. Unless explicitly stated, kits do not include:- Welding- Assembly- Finishing- Engines- Fittings and finishings -Electrical systems -Plumbing systems- Coatings or paint - Welding Consumables - Buoyancy foam - Engines The Customer is responsible for ensuring the kit is assembled by suitably qualified persons.
8.1 Technical Support
The Company provides technical support for purchasers of Wavemaster boat kits to assist with construction.Technical support is provided by phone and email during normal business hours in Perth, Western Australia.Support is intended to assist with clarification of drawings, assembly sequencing, and general construction questions relating to the supplied design.
LimitationsTechnical support does not include:- on-site construction supervision- welding instruction or fabrication training- engineering redesign or modification of the vessel- compliance certification or survey documentation unless separately agreed
Site VisitsOn-site support or consultation may be provided only by separate written agreement and may incur additional fees and travel costs.
LimitationsTechnical support does not include:- on-site construction supervision- welding instruction or fabrication training- engineering redesign or modification of the vessel- compliance certification or survey documentation unless separately agreed
Site VisitsOn-site support or consultation may be provided only by separate written agreement and may incur additional fees and travel costs.
9. Freight and Delivery
Freight may be arranged by:- The Company on behalf of the Customer, or- The Customer directly.Unless otherwise agreed, all goods are shipped ex works from the Company’s nominated location.Risk in the goods passes to the Customer once the goods are collected by the freight carrier.The Company is not responsible for delays, damage, or loss occurring during freight.Customers are responsible for arranging freight insurance if required.
10. Inspection and Damage
The Customer must inspect goods upon delivery.Any freight damage or missing components must be:- Noted with the freight carrier at delivery, and- Reported to the Company within 48 hours.Failure to report damage within this period may prevent claims from being processed.
11. Intellectual Property
All intellectual property associated with Wavemaster boat designs, including hull forms, construction methods, structural arrangements, drawings, plans, cutting files, and related documentation remains the exclusive property of the Company.Purchase of any product grants only a limited licence to use the design under the terms set out below. Ownership of the intellectual property is not transferred to the Customer.
11.1 Licence for Boat Kits
Where a boat kit is purchased from the Company, the Customer is granted a non-exclusive, non-transferable licence to construct one vessel from the supplied kit components.This licence applies only to the physical kit supplied and does not permit:- Reproduction of the design- Manufacture of additional kits or parts for resale- Use of drawings or digital files for commercial production- Distribution of design information to third parties
This licence does not permit reproduction of the design or manufacture of additional vessels using independently cut parts.
Unless explicitly stated in writing, purchase of plans, kits, or digital products does not grant any right to construct more than one vessel.
All licence types are personal to the Purchaser and do not permit construction by or for third parties, including subcontractors or associated entities, without the prior written consent of the Company.
All design rights remain the property of the Company.
11.2 Licence for Electronic Products
Electronic products may include:- Boat plans- Study plans- Design drawings- CNC cutting files- Digital documentation
These products are supplied under a non-exclusive, non-transferable licence for personal use by the purchaser unless otherwise stated at the time of sale.
The purchaser may not:- Resell electronic files- Distribute files to third parties- Upload files to file sharing platforms- Use the files to produce kits or designs for resale
- Create derived designs
- Upload or submit files to artificial intelligence, machine learning, generative design, automated analysis, or other third-party systems except as expressly permitted by these Terms
The Customer must take reasonable steps to prevent unauthorised copying or distribution of electronic files supplied by the Company.Each purchase grants rights only to the original purchaser.
11.3 Production Licences
Where the Purchaser acquires a Production Licence, the Company grants the Purchaser a non-exclusive, non-transferable licence to use the supplied design and associated design documentation for the construction of the design specified in the applicable quotation, invoice or licence agreement.
Where the Purchaser acquires an unlimited Production Licence, the Purchaser may construct an unlimited number of vessels from the licensed design, subject to the terms of this Agreement.
A Production Licence grants rights to construct and commercially sell vessels from the licensed design only. Ownership of the design, drawings, intellectual property and associated design documentation remains with the Company.
A Production Licence does not grant the Purchaser the right to market or brand the completed vessel as a Wavemaster vessel, or to represent itself as an authorised Wavemaster builder, dealer, representative or partner, except where separately authorised in writing by the Company.
As a condition of the Production Licence, vessels constructed from the licensed design must be attributed to Wavemaster as the designer in accordance with clauses 11.8 to 11.11.
The specified Royalty is payable for each subsequent boat that is built and is payable at the time of commencement and/or cutting of parts.
The licence does not expire and remains valid until the Licensed Quantity has been constructed.
The Company reserves the right, at its discretion, to refuse the sale of any further licences to a Purchaser who has constructed vessels beyond the Licensed Quantity without prior agreement, or who is otherwise in breach of these Terms. Unless explicitly stated in writing, purchase of plans, kits, or digital products does not grant any right to construct more than one vessel. The Licensed Quantity applies to all vessels constructed from the design, whether for sale, private use, or otherwise, regardless of whether the vessel is publicly marketed. In cases where unlimited production rights are granted, quantity limits do not apply and the license does not expire. All intellectual property rights remain with the Company.
The Company reserves the right, at its discretion, to refuse the sale of any further licences to a Purchaser who has constructed vessels beyond the Licensed Quantity without prior agreement, or who is otherwise in breach of these Terms. Unless explicitly stated in writing, purchase of plans, kits, or digital products does not grant any right to construct more than one vessel. The Licensed Quantity applies to all vessels constructed from the design, whether for sale, private use, or otherwise, regardless of whether the vessel is publicly marketed. In cases where unlimited production rights are granted, quantity limits do not apply and the license does not expire. All intellectual property rights remain with the Company.
11.4 Derivative Designs
Modification of a Wavemaster design, including changes to structure, layout, dimensions, or styling, does not transfer ownership of the underlying intellectual property.Any vessel derived from or substantially based on a Wavemaster design remains subject to the Company’s intellectual property rights unless otherwise agreed in writing.
11.5 Ownership
All Wavemaster designs, hull forms, construction details, drawings, and related materials remain the intellectual property of the Company.Nothing in these Terms transfers ownership of any intellectual property.
11.6 Unauthorised Use
Any construction, reproduction, or commercial use of a Wavemaster design, or part thereof, outside the scope of the licence granted under these Terms constitutes unauthorised use of the Company’s intellectual property.
The Company reserves the right to pursue all available remedies including injunctive relief, damages, recovery of profits derived from unauthorised use, and recovery of legal costs.
11.7 Reverse Engineering, Artificial Intelligence and Automated Processing
The Customer must not, and must not authorise, permit, facilitate, assist or knowingly allow any third party to, reverse engineer, scan, digitise, measure, copy, reproduce, upload, analyse or otherwise derive design information, geometry, construction details or cutting files from any Wavemaster design, drawing, digital file, kit component, part completed vessel or completed vessel.
The Customer must not upload, submit, disclose or otherwise provide any Wavemaster drawing, CAD model, CNC cutting file, design document, technical information or other proprietary material to any artificial intelligence, machine learning, generative design, automated design or similar third-party system.
The Customer must not use artificial intelligence, machine learning, scanning, photogrammetry, 3D scanning, automated geometry reconstruction or similar technologies to reproduce or reconstruct a Wavemaster design from supplied files, kit components or a completed vessel.
Nothing in this clause prevents the Customer from using ordinary fabrication, CAD, nesting or manufacturing software as reasonably required to construct vessels within the scope of a valid licence, provided that such use does not disclose the Company's proprietary design information to an unauthorised third party or enable reproduction or use outside the scope of the licence.
The Customer must not upload, submit, disclose or otherwise provide any Wavemaster drawing, CAD model, CNC cutting file, design document, technical information or other proprietary material to any artificial intelligence, machine learning, generative design, automated design or similar third-party system.
The Customer must not use artificial intelligence, machine learning, scanning, photogrammetry, 3D scanning, automated geometry reconstruction or similar technologies to reproduce or reconstruct a Wavemaster design from supplied files, kit components or a completed vessel.
Nothing in this clause prevents the Customer from using ordinary fabrication, CAD, nesting or manufacturing software as reasonably required to construct vessels within the scope of a valid licence, provided that such use does not disclose the Company's proprietary design information to an unauthorised third party or enable reproduction or use outside the scope of the licence.
11.8 Design Attribution
Wavemaster designs may be constructed and marketed by independent builders under licence.
Where a vessel constructed under a Production Licence or Unlimited Production Licence is advertised, promoted, displayed or offered for sale to the public, the Purchaser MUST reasonably identify Wavemaster as the designer of the vessel or hull design.
Acceptable attribution includes wording such as:
"Hull design by Wavemaster""Designed by Wavemaster""Based on a Wavemaster hull design"
The attribution must be reasonably visible in marketing material in which the vessel's design, specifications or construction are described, including relevant website product pages, brochures, advertisements and social media posts promoting the vessel.
The attribution requirement identifies the origin of the design only. It does not represent that Wavemaster constructed, inspected, certified or approved the completed vessel.
The Company retains the right to identify and reference vessels constructed from its designs, and the builders or manufacturers licensed to construct those designs, in its website, social media, portfolio, case studies, technical publications and other marketing materials, including identifying such builders or manufacturers as licensees or users of Wavemaster designs.
Where a vessel constructed under a Production Licence or Unlimited Production Licence is advertised, promoted, displayed or offered for sale to the public, the Purchaser MUST reasonably identify Wavemaster as the designer of the vessel or hull design.
Acceptable attribution includes wording such as:
"Hull design by Wavemaster""Designed by Wavemaster""Based on a Wavemaster hull design"
The attribution must be reasonably visible in marketing material in which the vessel's design, specifications or construction are described, including relevant website product pages, brochures, advertisements and social media posts promoting the vessel.
The attribution requirement identifies the origin of the design only. It does not represent that Wavemaster constructed, inspected, certified or approved the completed vessel.
The Company retains the right to identify and reference vessels constructed from its designs, and the builders or manufacturers licensed to construct those designs, in its website, social media, portfolio, case studies, technical publications and other marketing materials, including identifying such builders or manufacturers as licensees or users of Wavemaster designs.
11.9 Design Documentation
Removal or alteration of design attribution, title block information, or designer identification from drawings or documentation supplied by the Company is prohibited.
11.10 Wavemaster Name, Trademark and Vessel Branding
Wavemaster® is a registered trademark of the Company.
The requirement to provide design attribution under clause 11.8 does not grant the Purchaser any right to brand or represent the completed vessel as a Wavemaster vessel.
Unless expressly authorised in writing by the Company, the Purchaser must not:
- market, advertise or describe the completed vessel as a "Wavemaster" boat or model;- apply the Wavemaster name, logo or trademark to the completed vessel;- use "Wavemaster" as part of the vessel's model name or product branding;- describe itself as an authorised Wavemaster builder, dealer, representative or partner; or- otherwise represent or imply that Wavemaster manufactured, inspected, certified or endorsed the completed vessel.
The Purchaser may market and brand the completed vessel under its own business, brand or model name, provided the design attribution required under clause 11.8 is maintained.
The requirement to provide design attribution under clause 11.8 does not grant the Purchaser any right to brand or represent the completed vessel as a Wavemaster vessel.
Unless expressly authorised in writing by the Company, the Purchaser must not:
- market, advertise or describe the completed vessel as a "Wavemaster" boat or model;- apply the Wavemaster name, logo or trademark to the completed vessel;- use "Wavemaster" as part of the vessel's model name or product branding;- describe itself as an authorised Wavemaster builder, dealer, representative or partner; or- otherwise represent or imply that Wavemaster manufactured, inspected, certified or endorsed the completed vessel.
The Purchaser may market and brand the completed vessel under its own business, brand or model name, provided the design attribution required under clause 11.8 is maintained.
11.11 Permitted Attribution Is Not Trademark Endorsement
Use of the Wavemaster name solely for the purpose of identifying Wavemaster as the designer in accordance with clause 11.8 is permitted and does not require separate approval from the Company.
Such attribution does not constitute permission to use the Wavemaster logo, "Wavemaster Performance Hull" branding or other Wavemaster promotional branding.
Any broader use of the Wavemaster name, logo, trademark or branding requires the Company's prior written approval and may be subject to conditions imposed by the Company.
The Company may withdraw any separately granted branding or promotional rights where, in the Company's reasonable opinion, the construction, workmanship, presentation or conduct of the Purchaser may adversely affect the reputation of the Wavemaster brand. Withdrawal of such branding rights does not remove the Purchaser's obligation to provide design attribution under clause 11.8.
Such attribution does not constitute permission to use the Wavemaster logo, "Wavemaster Performance Hull" branding or other Wavemaster promotional branding.
Any broader use of the Wavemaster name, logo, trademark or branding requires the Company's prior written approval and may be subject to conditions imposed by the Company.
The Company may withdraw any separately granted branding or promotional rights where, in the Company's reasonable opinion, the construction, workmanship, presentation or conduct of the Purchaser may adversely affect the reputation of the Wavemaster brand. Withdrawal of such branding rights does not remove the Purchaser's obligation to provide design attribution under clause 11.8.
11.12 No Exclusive Rights
Unless expressly agreed in writing, no purchase or licence granted under these Terms provides exclusive rights to manufacture, market, or sell vessels based on a Wavemaster design.The Company reserves the right to licence the same design to multiple builders in any region.
11.13 No Implied License
No rights are granted other than those expressly set out in these Terms. Any use of the design not expressly permitted is prohibited.
12. Design Information
Plans, drawings, and technical information are provided in good faith based on engineering judgment and industry practice.The Company does not guarantee that designs will meet every regulatory requirement in every jurisdiction.The Customer is responsible for ensuring compliance with:- Local marine regulations- Survey requirements- Safety standardsWhere required.
13. Limitation of Liability
To the maximum extent permitted by law, the Company shall not be liable for:- Consequential losses- Loss of profits- Loss of business opportunities- Indirect or incidental damages
The Company’s total liability in connection with any product shall not exceed the purchase price of the product supplied.
The Company’s total liability in connection with any product shall not exceed the purchase price of the product supplied.
14. Construction and Safety
Boat construction involves inherent risks.
Boat construction involves the use of welding equipment, heavy materials, tools, and fabrication processes that may present safety risks.The Company does not supervise construction and accepts no responsibility for the methods, workmanship, safety practices, or competence of the builder.The Customer is responsible for ensuring that:- construction is carried out by suitably skilled persons- appropriate safety procedures are followed- all applicable workplace safety laws are complied withThe Company accepts no responsibility for:- Construction errors- Incorrect assembly- Welding defects- Modifications made by the Customer- Operation of the vesselIt is the responsibility of the builder to ensure safe construction and compliance with relevant marine standards.
14.1 Welding and Fabrication
Welding and structural fabrication must be performed by competent persons using appropriate materials and procedures. The Company accepts no responsibility for weld quality, fabrication methods, or structural integrity resulting from construction carried out by third parties.
15. Indemnity
The Customer agrees to indemnify and hold harmless the Company, its directors, employees, and agents from any claims, damages, injuries, losses, or expenses arising from:- construction of a vessel using the supplied kit, plans, or design- modification of the design by the Customer or third parties- operation or use of any vessel constructed from the design- failure to comply with applicable marine, safety, or regulatory requirementsThis indemnity includes claims arising from injury, death, property damage, or financial loss.
16. Refunds and Returns
All sales are final.Deposits are non-refundable.Due to the custom and specialised nature of boat kits and design products:- Products cannot be returned once cutting or production has commenced.- Digital products cannot be returned once delivered.
17. Website Purchases
Digital products such as plans or design files may be delivered electronically after purchase.The Customer is responsible for ensuring their contact details and download capability are correct.The Company is not responsible for lost files once delivered.
18. Force Majeure
The Company shall not be liable for delays or failure to perform due to events beyond its reasonable control including:- Material shortages- Transport disruption- Natural disasters- Industrial action- Government restrictions
- Acts of war
19. Governing Law
These Terms and Conditions are governed by the laws of Western Australia, Australia.Any disputes shall be subject to the jurisdiction of the courts of Western Australia.
20. Amendments
The Company may update these Terms and Conditions at any time.The version published on the website at the time of purchase applies to that transaction.