1
Boats, Boats & Boats Services Pte Ltd (“BBBoats”)
Standard Terms and Conditions of Charter
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DEFINITIONS AND INTERPRETATION
In these Terms and Conditions, all expressions shall have the same meanings as those used in the Booking
Form and unless there is something in the subject or context inconsistent therewith the following expressions
bear the following meanings, namely:
“Agreement”
means the agreement formed by the acceptance by BBBoats of the booking of the
Yacht made by the Customer under the Booking Form and any schedule or
annexure to the Booking Form and read with the terms and conditions herein;
“Boarding Location”
means the marina thus indicated in the Booking Form;
“Booking”
means the booking submitted by the Customer to Charter the Yacht for the Cruise
Event, as accepted by BBBoats;
“Booking Form”
means the booking form submitted by the Customer to Charter the Yacht;
“Captain”
means the captain of the Yacht;
“Charter”
means the charter of the Yacht;
“Charter Fee”
means the Charter Fee payable for the Charter of the Yacht, and shall unless
specifically provided otherwise, include F&B charges, as well as all other monies
payable to BBBoats under BBBoats’ Invoice for the purposes of the Charter;
“Claim”
means any claim, charge, expense, demand, remedy, suit, injury, damage, loss, cost,
liability, proceeding, right of action, claim for compensation and claim for
abatement of any obligation (monetary or otherwise);
“Commencement Date” means the date on which the Agreement is signed;
“Cruise Events”
means the period and/or journey from the embarkation at the Boarding Location till
disembarkation and includes all activities, services and/or functions that have been
planned or organised by the Customer to occur on the Yacht;
“Cruising Limits”
means the territorial limits within which the Yacht may be permitted to travel as
determined by BBBoats in BBBoats’ sole and absolute discretion, subject to the
maximum cruising distance of the Yacht;
“Customer”
means the charterer of the Yacht under the Booking Form;
“Event of Default”
has the meaning as set out in Clause 12.1;
“F&B”
means food, beverages (alcoholic and non-alcoholic) and other consumables that
have been brought and stored on board for Cruise Events;
“Invoice”
means any invoice issued by BBBoats pursuant to the exercise of its rights or
obligations under the Agreement;
“Owner”
means the registered owner of the Yacht;
“Parties”
means the Customer and BBBoats, and “Party” means either of them;
“Payment Last Date”
means the last day by which payment of the Charter Fee must be made, time being
of the essence, failing which the booking for the Cruise Event shall be deemed to
have been cancelled by the Customer;
“SGD”
means Singapore Dollars;
“Time Block”
means the period of time indicated in the Booking Form as the duration of the
Charter;
“Usage”
has the meaning as set out in Clause 3;
“Yacht”
refers to the yacht booked under the Booking Form.
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2.1
BBBOATS AS PRINCIPAL
Save that BBBoats is authorised to exercise and enforce the rights of the Owner under the Agreement, under
no circumstances shall BBBoats be treated as the agent of the Owner, and BBBoats shall have no authority, to
bind the Owner in any matter whatsoever arising out of the Agreement or the Usage by the Customer.
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3.1
USAGE
The Customer shall use as licensee the Yacht for Cruise Events for the Time Block in accordance with the terms
of the Agreement.
The Customer hereby acknowledges that BBBoats shall have sole discretion to determine and vary the Cruising
Limits, and agrees to abide by BBBoats’ decision at all times.
In the event of the Captain or BBBoats exercising their authority, discretion or responsibilities hereunder
resulting in any deviation of the Yacht from any course or any delay in departure from or arrival at any port or
marina, the same shall not give rise to any rights to the Customer to make any
Claim against BBBoats, the Owner or any other person, nor shall the Customer be entitled to claim any
replacement Cruise Event in consequence thereof.
3.2
3.3
Name & designation
Boats, Boats & Boats Pte Ltd
Name & designation
Customer
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4
4.1
4.2
5
5.1
5.2
5.3
5.4
6
6.1
6.2
6.3
6.4
6.5
6.6
6.7
CHARTER FEE
The Charter Fee shall be paid in full by the Payment Last Date, failing which the application for the
booking of the Yacht will be deemed to be cancelled by the Customer.
Payment of the Charter Fee shall be made in the following manner:
(a) For a Yacht less than 24 m in length:
(i) 50% within 3 working days upon confirmation by BBBoats of the availability of the Yacht.
The Booking will only be confirmed upon acceptance by BBBoats of the aforesaid payment;
(ii) 50% by the Payment Last Date, failing which the application for the booking of the Yacht
will be deemed to be cancelled by the Customer, and Clause 5 shall apply.
(b) For a Yacht more than 24 m in length,100% within 3 working days upon confirmation by
BBBoats of the availability of the Yacht. The Booking will only be confirmed upon acceptance by
BBBoats of the aforesaid payment.
CANCELLATION OF CRUISE EVENT
In the event that the Customer cancels any Booking, the Customer shall:
(a) Pay to BBBoats an administrative fee of $300;
(b) Be liable on a full indemnity basis to pay BBBoats’ costs, expenses and other liabilities incurred
with regard to any preparations BBBoats may have undertaken for the Customer’s Cruise Event;
(c) For a Yacht less than 24 m in length, the Customer shall pay liquidated damages to BBBoats at
50% of the Charter Fee;
(d) For a Yacht more than 24 m in length:
(i) Where the cancellation is made less than 14 days prior to the Cruise Event, the Customer
shall pay liquidated damages to BBBoats at 100% of the Charter Fee;
(ii) Where the cancellation is made less than 1 month prior to the Cruise Event, the
Customer shall pay liquidated damages to BBBoats at 50% of the Charter Fee;
(iii) Where the cancellation is made more than 1 month prior to the Cruise Event, the Customer
shall pay liquidated damages to BBBoats at 25% of the Charter Fee;
Upon the Yacht departing the Boarding Location, the Charter is considered to have been fulfilled and
no cancellations or refunds are allowed.
Cancellations received by BBBoats between 9.00am to 6.00 pm on a weekday other than a public
holiday in Singapore will be deemed to be given the same day. All other cancellations are deemed to be
received by BBBoats on the next weekday other than a public holiday in Singapore.
For the avoidance of doubt, no refund of payments for F&B will be made in any event.
RESCHEDULING POLICY
In the event that the Customer applies to reschedule any Cruise Event, the Customer shall:
(a) Pay to BBBoats an administrative fee of $300;
(b) be liable on a full indemnity basis to pay BBBoats’ costs, expenses and other liabilities incurred
with regard to any preparations BBBoats may have undertaken for the Customer’s Cruise Event;
(c) For a Yacht less than 24 m in length, rescheduling requests received by BBBoats less than 5 days
from the original scheduled date of the Cruise Event will not be entertained;
(d) For a Yacht more than 24 m in length, the Customer shall pay liquidated damages to BBBoats at
50% of the Charter Fee if the rescheduling request is received by BBBoats less than 1 month
from the original scheduled date of the Cruise Event.
Upon the Yacht departing the Boarding Location, the Charter is considered to have been fulfilled and
no rescheduling requests are allowed.
Rescheduling requests received by BBBoats between 9.00am to 6.00 pm on a weekday other than a
public holiday in Singapore will be deemed to be given the same day. All other rescheduling requests
are deemed to be received by BBBoats on the next weekday other than a public holiday in Singapore.
The rescheduled Cruise Event must not be more than 3 months from the original scheduled date of
the Cruise Event, failing which the Booking will be deemed cancelled, and Clause 5 will apply, and
rescheduled Cruise Event will be deemed a new Booking.
Should the Customer seek to reschedule from a higher-value Charter to a lower-value Charter, no
refunds (whether cash or credit) on the difference of the Charter Fees will be provided.
Should the Customer seek to reschedule from a lower-value Charter to a higher-value Charter, the
Customer will pay on demand the difference of the Charter Fees.
For the avoidance of doubt, no refund of payments for F&B will be made in any event.
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7.1
LATE POLICY
The Customer and its party are advised to be on time. No time compensation will be given for late
arrival, and the Cruise Event shall end as per the Time Block in the Booking.
Name & designation
Boats, Boats & Boats Pte Ltd
Name & designation
Customer
3
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8.1
NO-SHOW POLICY
Failure of the Customer to arrive within the first hour of the Time Block stipulated in the Booking,
notwithstanding arrival thereafter, shall be considered a no-show. No refunds will be given for noshows, and the Charter shall be considered as fulfilled.
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9.1
BBBOATS’ RIGHTS AND RESPONSIBILITIES
Delivery
BBBoats shall at the beginning of the Customer’s Cruise Event deliver the Yacht to the Customer in
good, seaworthy condition complying with the rules and regulations of the marine port authority of
Singapore.
Authority and responsibilities of Captain
(a) The authority and responsibilities of the Captain shall be as follows:
(i) The Captain shall have absolute discretion and authority in matters of navigation,
seamanship and safety and shall be entitled to require the Customer and all members of his
party to comply with all reasonable orders where the Customer or any member of its party
might otherwise endanger the Yacht or any person on board, or vitiate or prejudice the
Yacht’s insurance or prevent or be likely to prevent timely redelivery at the end of the Time
Block or otherwise be prejudicial to BBBoats’ interests.
(ii) The Captain shall also have the authority to immediately terminate a Cruise Event in
situations due to the use or possession of any and all illegal or illicit drugs, overly and
dangerous usage of alcoholic beverages or any medical situation that renders fitness for the
voyage not suitable. In such situations, the Customer and all members of its party shall be
put ashore at the first available port, with all expenses or damages caused by such
disembarkation to be borne solely by the Customer and its party members. The Customer
agrees that under such circumstances, all payments made by the Customer to BBBoats for
that Cruise Event shall have been fully consumed and are not refundable, and the Customer
shall be deemed to be in breach of the Agreement.
Right of BBBoats to restrict, cancel or re-schedule Customer’s Cruise Events
(a) BBBoats reserves the right to restrict, cancel or re-schedule (subject to availability) the Cruise
Events in circumstances which include but are not limited to:
(i) The Yacht not being, in the sole opinion of BBBoats or the Captain, in a good, seaworthy
condition;
(ii) Emergency repairs;
(iii) Breakdown in machinery on the Yacht;
(iv) Crewing issues;
(v) Concerns over actual or anticipated weather concerns; or
(vi) Any other reasonable concerns over nautical conditions that may prohibit the safe
operation of the Yacht whether actual or anticipated.
(b) Where the Cruise Event is restricted or cancelled as aforesaid, BBBoats may at its sole discretion:
(i) substitute a comparable yacht for the Cruise Event;
(ii) re-schedule the Cruise Event; or
(iii) refund the full amount of the Charter Fees to the Customer.
(c) The Customer hereby agrees that where the Cruise Events are restricted, cancelled or rescheduled as aforesaid, it will not hold BBBoats or the Owner liable for any consequential or
economic loss or loss of use or enjoyment, expenses, damages or inconvenience caused to the
Customer as a result and shall fully indemnify and keep fully indemnified BBBoats and the
Owner on demand from and against all damages and loss and all Claims, demands, writs,
summonses, actions, suits, proceedings, judgments, orders, decrees, administrative penalties,
damages, costs, losses and expenses of any nature whatsoever which BBBoats or the Owner
may suffer or incur in connection herewith and that BBBoats’ liability shall be limited to the
refund of the Charter Fee or to a replacement Cruise Event for such time blocks as the Parties
shall agree.
Emergency/Contingency Plans
(a) BBBoats undertakes to prepare appropriate and reasonable emergency and contingency plans
to reasonably accommodate unforeseen emergencies and contingency events which may
occur during a Cruise Event.
(b) BBBoats and the Owner shall not be responsible or liable for any Claims arising from the failure
or omission of such plans in the event of an emergency and the Customer agrees to not hold
BBBoats or the Owner responsible for:
(i) any loss of property or pecuniary loss arising from such failures and omissions; and
(ii) to the extent permitted by law, for injuries or loss of life arising from such failures and
omissions except where BBBoats has been grossly negligent or guilty of wilful default,
and shall fully indemnify and keep fully indemnified BBBoats and the Owner on demand
9.2
9.3
9.4
Name & designation
Boats, Boats & Boats Pte Ltd
Name & designation
Customer
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9.5
9.6
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10.1
10.2
from and against all damages and loss and all Claims, demands, writs, summonses, actions,
suits, proceedings, judgments, orders, decrees, administrative penalties, damages, costs,
losses and expenses of any nature whatsoever which BBBoats may suffer or incur in
connection herewith.
Right of BBBoats to take legal action
BBBoats and the Owner reserve their respective rights to take any legal action that they, whether
together or separately, may deem necessary against the Customer and any member of its party for
any breach of duty, wrongdoing and/or failure to conduct its activities responsibly and lawfully in
their usage of the Yacht.
Liabilities of BBBoats
(a) Neither BBBoats nor the Owner shall be responsible or liable for any Claims arising from or out
of any occurrences in, upon or at the Yacht or the use of the Yacht or any part thereof by the
Customer and the Customer agrees to not hold BBBoats or the Owner responsible for:
(i) any loss of property or pecuniary loss arising from such failures and omissions; and
(ii) to the extent permitted by law, for injuries or loss of life arising from such failures and
omissions except where BBBoats has been grossly negligent or guilty of wilful default,
and shall fully indemnify and keep fully indemnified BBBoats and the Owner on demand
from and against all damages and loss and all Claims, demands, writs, summonses, actions,
suits, proceedings, judgments, orders, decrees, administrative penalties, damages, costs,
losses and expenses of any nature whatsoever which BBBoats or the Owner may suffer or
incur in connection herewith.
CUSTOMER’S RIGHTS AND RESPONSIBILITIES
Redelivery of the Yacht
(a) The Customer shall not commit or omit any act which may interfere with the redelivery of the
Yacht to BBBoats at the Boarding Location or at such other place as may be agreed between the
Parties at the end of the Cruise Event and shall redeliver the Yacht in the same condition as on
delivery.
(b) Acceptance of redelivery of the Yacht shall not prejudice BBBoats’ and the Owner’s rights
against the Customer under the Agreement.
Responsibilities of the Customer
(a) The Customer warrants the medical fitness of himself and all members of his party for the Cruise
Events and other activities envisaged hereunder. The Customer shall be deemed to have
repeated the foregoing warranties prior to the commencement of the Cruise Event.
(b) The Customer warrants not to allow any person to be carried on board who is not on the list of
members of his party submitted in the Booking Form unless otherwise permitted by BBBoats in
writing.
(c) The Customer warrants not to bring on board or permit to be brought on board any restricted
or illegal goods including but not limited to drugs, firearms and explosives.
(d) The Customer warrants that they will not suffer, nor permit to be continued any lien or
encumbrance incurred by them or their agents, which might have priorities over the title and
interest of the Owners in the Vessel. In no event shall the Customer procure, nor permit to be
procured, for the Yacht, any supplies, necessaries or services.
(e) The Customer shall and shall ensure that all members of his party shall give the Captain such
assistance as shall reasonably be required in handling the Yacht and shall comply promptly with
the Captain’s instructions.
(f)
The Customer warrants that it shall not use nor permit to be used the Yacht for any purpose
other than private pleasure cruising for himself and his party and shall not race the Yacht nor
permit the same to be used for racing.
(g) The Customer shall and shall ensure that all members of its party shall take all reasonable care
of the Yacht and its equipment.
(h) The Customer shall and shall ensure that all members of its party shall observe all applicable
rules, regulations and laws whether of customs, harbour or other authorities or otherwise.
(i)
The Customer shall not allow any animals on board the Yacht.
(j)
The Customer shall strictly observe the no-smoking areas aboard the Yacht. The Customer
hereby agrees to be fully liable for all damage incidental to smoking during the Cruise Event,
notwithstanding that such smoking takes place in designated areas on board the Yacht.
(k) The Customer agrees throughout and subsequent to any termination of the Agreement not to
set-off for any reason any money payable by the Customer to the Owner or BBBoats.
(l)
The Customer must not, without the consent of BBBoats, publish any advertising material which
involves information about the Yacht.
Name & designation
Boats, Boats & Boats Pte Ltd
Name & designation
Customer
5
10.3
Breakages, loss and damage
(a) The Owner and BBBoats shall not be responsible for any breakages and/or loss of items
belonging to the Customer during the Customer’s Usage of the Yacht except for the wilful
default of the Owner and/or BBBoats.
(b) The Customer shall immediately notify the Captain of any damage found or caused by the
Customer.
(c) The Customer and all members of its party shall take all reasonable care of the Yacht and its
equipment. The Customer shall be responsible for and shall replace or pay for any damage to
the Yacht, furnishing, fixtures, fittings, inventory and equipment caused in whole or in part by
the Customer or any member of his party on a full indemnity basis.
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11.1
INSURANCE
BBBoats shall maintain insurance cover against fire, and all usual marine and collision risks and third
party risks to such extent that BBBoats in its absolute discretion deems fit.
The Customer agrees that such insurance policy referred to in Clause 11.1 does not cover injury to or
loss of life of the Customer or any of its party and it is the responsibility of the Customer to purchase
the necessary insurance to cover itself and its party prior to any Cruise Event. BBBoats and the Owner
shall not be responsible for ensuring the Customer and/or its party obtain any form of insurance
before commencing a Cruise Event.
The Customer shall purchase its own insurance policy for its personal effects and properties and
those of the members of its party. BBBoats and the Owner shall not be responsible for any damage or
loss to the same, howsoever caused or arising.
The Customer shall indemnify BBBoats and the Owner in respect of any loss of or damage to the
Yacht or her furnishings, fixtures, fittings, inventory and equipment or any other expense or liability
arising out of any act or omission of the Customer or any members of his party.
The Customer and members of its party shall do nothing which may vitiate the Yacht’s insurance or
prejudice BBBoats’ and/or the Owner’s rights to claim thereunder.
Compensation will be made by the Customer for any period during which the Yacht is rendered
unseaworthy or unusable if the Customer or any member of his party caused or contributed to the
damage or breakdown of the Yacht.
11.2
11.3
11.4
11.5
11.6
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12.1
TERMINATION
Event of Default
The Owner and BBBoats shall be entitled to terminate the Agreement upon the occurrence of any of
the following Events of Default:
(a) If the Customer fails to comply with any of its obligations and responsibilities under the
Agreement;
(b) if the Customer shall at any time fail to pay any amounts due and payable to BBBoats and/or
Owner as the case may be hereunder by the date that such payment is due, or in the absence of
any stipulated date within seven (7) days of a notice in writing requesting such payment;
(c) If the appointment of BBBoats is terminated by the Customer on any grounds whatsoever;
(d) if the Customer or its appointed representative gives to BBBoats any false or misleading
information or makes any misrepresentation in connection with the Agreement;
(e) if the Customer is convicted of any criminal offence, or the Customer contravenes any law,
regulation or guideline of any governmental or other authority in connection with its Usage of
the Yacht.
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13.1
CONSEQUENCES OF TERMINATION
Upon termination of the Agreement, whether by the Owner or BBBoats, in accordance with Clause
12.1, the licence herein granted herein shall be terminated with immediate effect.
Upon the termination of the Agreement or the expiration of the Agreement for any reason
whatsoever, the Customer shall immediately pay to BBBoats and/or Owner (as the case may be) the
full amount of all monies then or thereafter due together with any interest thereon as provided
hereafter.
The expiration or termination of the Agreement shall be without prejudice to the accrued rights of
the Parties and any provision hereof which relates to or governs the acts of the Parties hereto
subsequent to such expiration or termination hereof shall remain in full force and effect and shall be
enforceable notwithstanding such expiration or termination.
13.2
13.3
Name & designation
Boats, Boats & Boats Pte Ltd
Name & designation
Customer
6
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14.1
CUSTOMER’S INDEMNITY
BBBoats and Owner assume no liability and the Customer hereby agrees fully and effectively to
indemnify the Owner and BBBoats on demand for and against any and all proceedings, costs, Claims,
damages, expenses and administrative penalties of whatsoever nature howsoever suffered or
incurred by the Owner and BBBoats arising out of or by reason of (but not limited to) the following:
(a) any act or omission of the Customer and/or any member of its party in the Usage of the Yacht
during Cruise Events including but not limited to those arising from or in connection with all
incidents during Cruise Events;
(b) any breach of or non-compliance with any of the terms of the Agreement by the Customer;
(c) any incident caused due to the breach of any duty at general law or any safety guidelines by the
Customer and/or any member of its party;
(d) any events beyond the reasonable control of the Owner or BBBoats as the case may be; or
(e) any damages or compensation paid by BBBoats and/or Owner on the advice of its legal advisers
to compromise or settle any Claim or out of any Claim by a third party based on any facts which
if substantiated would constitute a breach of obligation to such third party.
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15.1
GENERAL PROVISIONS
Each of the restrictions and provisions contained in the Agreement and in each clause and sub-clause
hereof shall be construed as independent of every other such restriction and provision to the effect
that if any provision (or part thereof) of the Agreement or the application of any provision to any
person, firm or company or to any circumstances shall be determined to be invalid and
unenforceable then, such determination shall not affect the application of such provision to any
other person, firm, company or circumstance, nor affect any other provision of the Agreement, all of
which other provisions shall remain in full force and effect.
None of the Parties to the Agreement shall be responsible to any other Party for any delay in
performance or non-performance due to any causes beyond the reasonable control of the Parties
hereto, including without limitation acts of God, outbreak of hostilities, riot, civil disturbance, acts of
terrorism, acts of any government or authority, fire, explosion, flood, fog or bad weather, strike, lockout or industrial action of any kind (hereinafter “an event of force majeure”), but the affected Party
shall promptly upon the occurrence of any such cause so inform the other Party in writing, stating
that such cause has delayed or prevented its performance hereunder and thereafter such Party shall
take all action within its power to comply with the terms of the Agreement as fully and promptly as
possible. In the event that any such delay or non-performance continues for a period in excess of 60
days, either Party shall have the right to terminate the Agreement by giving the other Party thirty (30)
days’ notice in writing prior to such termination and upon the expiration of such notice, the Charter
Fee shall as soon as practicable be refunded pro-rata the number of months (rounded upwards to the
nearest whole integer) of the unexpired Term.
No waiver of any of the provisions of the Agreement shall be binding unless in writing and signed by
a duly authorised representative of the Party granting the waiver.
Save for the Owner, any person who is not a Party to the Agreement shall not have any rights under
the Contracts (Rights of Third Parties) Act (Cap. 53B) or otherwise, to enforce any term of the
Agreement.
All the Owner’s and BBBoats’ costs and expenses including the costs of professional advice incurred
by the Owner or BBBoats in relation to any service or assistance required by the Customer, and in
connection with preserving or enforcing any of the Owner’s or BBBoats’ rights under the Agreement
shall be borne by the Customer on a full indemnity basis.
Where any agreement, covenant, term, and/or undertaking is expressed to be made by or on the part
of 2 or more Parties, all such agreements, covenants, terms, conditions, and/or undertakings shall be
deemed to be made by and be binding on the Parties jointly and severally. Where more than 2
persons constitute one Party, all agreements, covenants, terms, conditions, and/or undertakings
made by that Party shall be deemed to be made by and be binding on the said persons jointly and
severally.
Time shall be of the essence for all payments to be made by the Customer to the Owner and/or
BBBoats as the case may be, and the performance of the Customer’s obligations hereunder, unless
expressed otherwise or waived by the Owner and/or BBBoats as the case may be.
The Agreement shall be governed by and construed in accordance with the laws of the Republic of
Singapore.
Parties hereby irrevocably submit to the non-exclusive jurisdiction of the Singapore Courts.
15.2
15.3
15.4
15.5
15.6
15.7
15.8
15.9
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Name & designation
Boats, Boats & Boats Pte Ltd
Name & designation
Customer