General terms and conditions of sales

 

8. Delivery and Schedule

Goods or services shall be delivered to the seller or performed by the date designated in the Contract/Purchase Order. This is the agreement principle on which all seller’s operations, scheduled and unscheduled maintenance and production schedule rest. Time is of the essence in the performance of this Contract/ Purchase Order, and the Seller agrees to complete all the work not later than the date stated in the Contract/Purchase Order, provided that the purchaser has implemented and performed all the necessary activities in time for the performance of the Contract and the release to the Seller of Vessel, systems or structures involved within the required timeframe. If the seller fails to deliver or render a timely performance for more than 30% of the agreed delivery or performance time, the purchaser has the right to cancel, purchase elsewhere and/or hold the seller accountable for additional costs, fees, or charges under the direct scope of this Contract/Purchase Order. The Seller shall take any reasonable measure to pack, label and ship on vessel any material, spare part or equipment required for their performance in compliance with the usual procedure or the procedure set out in the Contract/Purchase Order or based on the requirements of the common carrier and the instructions, if any, set out by the Purchaser in the Purchase Order. All invoices, packing lists, bills of lading and any required shipping document must show all the relevant details. The seller shall ensure the lowest shipping fee available consistently with the required service and the Purchaser will be charged for it. The Purchaser may also personally deal with the shipment but will be anyway held accountable for what received in their care by the Seller until the delivery to the agreed place. The   delivery of goods or services shall not be deemed to be complete until goods or equipment are actually received and accepted by the Purchaser or a Purchaser’s legal representative. Notwithstanding any agreement about freight costs, transport charges, duties, advance payments, title and risk of loss or damages shall be on the Purchaser until the acceptance of goods and equipment by the Purchaser or a Purchaser’s Legal Representative. If the Seller is performing works on the Purchaser’s site or vessels or on premises in custody of the Purchaser, the Seller shall be represented during the whole working time on the site or on board Vessel by qualified supervision deemed to be adequate by the Purchaser, who shall be authorised to act in the name and on behalf of the Seller in all matters related to the performance of the operations. The Seller accepts the responsibility for the working area where the performance under this Contract/Purchase Order is taking place as for the compliance with all rules, regulations, laws and orders issued by Government authorities and relevant bodies, subject to the compliance of the Purchaser with all laws concerning safety at work and on board vessels.