General terms and conditions of sales


20. Quality, Warranties, Ownership, and Remedies

The Seller ensures that all manufacturing processes, materials and equipment supplied hereunder shall conform to the project’s specification and drawings, and to the contract/ purchase order. Moreover, the Seller, for the benefit of the Purchaser, shall obtain from their suppliers and/or sub-contractors such guarantees against manufacturing or material defects as they are reasonably obtainable on manufacturing and materials supplied under the contract/purchase order. The Seller agrees to support the Purchaser to the extent requested by the Purchaser in the enforcement of all guarantees obtained from their suppliers and subcontractors. The Seller undertakes to repair or replace satisfactorily for the Purchaser goods or works with defects within nine (9) months after the physical installation or six (6) months after the use on board the vessel or in any other place that the Purchaser shall define as a delivery place and to which the contract/purchase order refers. All costs associated with the warranty claim shall be borne by the Seller, except any direct or indirect damage, loss of profits and production, offhire, and so forth. Any inspection or acceptance test shall not diminish the Seller’s warranty obligations or the acceptance of such defects. Subject to prior agreement with the Seller, all goods shall be subject to inspection by the Purchaser at all reasonable times, including inspection during manufacturing or after production. If such inspection or any test have to be performed on the Seller’s premises, the Seller shall provide reasonable facilities and assistance for such inspection, free of charge.

Inspection and approval by the Purchaser at the Seller’s premises do not foreclose the defect rejection upon discovery after a further inspection. All goods rejected by the Purchaser shall be promptly repaired or replaced at the Seller’s cost. The Seller shall pay all expenses borne by the Purchaser to return rejected goods.