Terms and Conditions
Any order placed as a result of this quotation shall not constitute a contract until accepted in writing by MARITIME PROGRESS LIMITED (hereinafter referred to as “the Company”). Any conditions incorporated in such order or otherwise which vary these conditions shall have no effect and shall not form part of the contract unless specifically accepted in writing by a duly authorised officer of the Company. In case of any inconsistency between these conditions and any other conditions incorporated in the order these conditions shall prevail. Once the order has been accepted by the Company it cannot be cancelled without the Company’s consent in writing.
Unless otherwise stated, quotations are only open for 30 days from the date. After such time or extended period as agreed, quotations lapse and the Company will then have the option of revising or withdrawing the quotation without notice.
3. Terms of Payment
Prices are net cash payable in accordance with the terms set out in the quotation. Where applicable all progress payments must be received by the Company on the due dates and any liability of the Company to carry out its obligations under the contract are dependent upon the Company receiving in full said payments on such dates. The Company reserves the right to charge interest in the event that payments are not made on the due dates.
Where applicable, all prices quoted are subject to the addition of V.A.T. at the appropriate rate, and under such circumstances the full amount of V.A.T. due on the whole contract must be paid on the delivery of the services, materials, irrespective of the payment terms agreed.
5. Materials Guarantee
The Company guarantees to replace or repair at its discretion defective materials when disclosed in writing within a period of 6 months. Such replacement will be supplied ex works to a United Kingdom purchaser and F.O.B. U.K. port to an overseas purchaser. All labour and associated expenses connected with the fitting of replacement
materials will be borne by the purchaser. The Company accepts no responsibility for the failure of materials due to fair wear and tear or careless handling or for damage which may occur through inadequate storage facilities. All materials returned to the Company shall be carriage paid. Where materials supplied are not of the Company’s manufacture, the purchaser shall be entitled to the benefit of any guarantee afforded to the Company in respect thereof.
6. Limitation of Liability
With the exception of making good the defects above mentioned, the Company shall not be liable for and purchaser agrees to indemnify the Company against any liability whatsoever in respect of any claims, loss, damage or expenses directly or indirectly due to or caused by or consequential upon the existence or occurrence of any such defect or persons’ actions or for any personal injury or damage to properly attributable thereto. All guarantees, conditions, warrantees, representations and liabilities whatsoever whether expressed, implied, statutory or otherwise are excluded.
The Company shall not be liable for and the purchaser agrees to indemnify the Company against all claims and demands whatsoever and by whomsoever made in respect of any expense, loss, damage or injury caused or consequential upon the emission of any produces or substances which is deemed to have caused pollution.
8. Property In and Responsibility for Equipment Supplied
The property in the services/material shall not pass to the purchaser until the price for the said service/material has been paid in full. Save as expressly provided the Company’s responsibility for any of the material the subject matter of this Contract shall cease immediately upon the delivery thereof to the agreed place of delivery and in no event will the Company be liable for loss or damage to such materials thereafter. Where the purchaser is unable or unwilling to accept delivery of the materials on the contracted delivery date the Company shall be entitled to arrange storage and insurance of the materials pending delivery to the purchaser. The cost of any such storage and insurance shall be paid by the purchaser to the Company in addition to the contract price which will become due as if delivery had taken place.
9. Delivery Date
The delivery date is given with the quotation. However, if the Company is prevented from or materially impeded or delayed in delivering any equipment/materials or drawings or otherwise or in completing the contract by reason of or in consequence of any act or omission by the purchaser or its servants or agents such prevention impediment or delays shall not entitle the purchaser to vitiate the contract or otherwise affect it except that (a) the time for performance by the Company of its obligations under the contract shall be extended by a period equivalent to that in which the Company suffered such prevention impediment or delay and (b) the contract may at the option of the Company be terminated forthwith by notice in writing to that effect. If in the event of such prevention impediment or delay as aforesaid the Company elects to adhere to the contract it shall be entitled in addition to the contract sum or price to compensation from the purchaser for all loss damage, costs, charges and expenses incurred whether directly or indirectly as a result of such prevention impediment or delay. If the Company elects to terminate the contract it shall be entitled to be paid in accordance with the contract for all goods or materials delivered or completed for delivery and for all work completed and charges and expenses incurred up to date of such termination together with such compensation as aforesaid.
10. Force Majeure
Force majeure shall mean an occurrence beyond the control of the party affected including without limitation to the generality of the foregoing acts of God or the public enemy, expropriation or confiscation of facilities changes in law, war, rebellion, sabotage or riots, floods, unusually severe weather that could not reasonably have been anticipated, fires, explosions or other catastrophes, strikes or any other concerted acts of workmen or other similar occurrences, which are not within the control of the party affected. Any delay or failure in performance by either party hereto shall not constitute default hereunder or give rise to any claim for damages if and to the extent such delay or failure is occasioned by force majeure.11. Variation of Contract
Where after entering into the contract, a variation in the work is agreed between the purchaser and the Company, both parties shall where applicable at the same time agree upon any resulting variations in the schedule of the work and the contract price.12. Price Variation
Prices unless otherwise stated in the quotation are based upon the cost of labour, materials, transport and other expenses ruling at the date of the quotation. Where for any reason the price is to be varied, the prices ruling at the time of completing the work will be applied.
The quotation is given on the basis of information supplied by or on behalf of the purchaser. The Company shall not be bound by any estimate or tender based upon inaccurate or incomplete drawings or information supplied by or on behalf of the purchaser. During the course of this contract the purchaser undertakes to provide all necessary information for the timely completion of the contract and where this information is held by a third party the purchaser will obtain or authorise the Company to obtain the said information. In the event that charges are demanded by the third party for the information the purchaser agrees to bear such cost.
All drawings, written material, photographic video and similar material produced by the Company, its subcontractors or agents shall remain the property of the Company and may not be copied or amended except with the written permission of the Company.
15. Governing Law
The construction validity and performance of this agreement shall be governed in all respects by English law.