Terms and Conditions

1.  Validity

Our quotations are valid for three months from the date of quotation unless otherwise agreed upon.

2.  Scope of Delivery

The range of work and its delivery are exclusively specified by the items listed in our quotation and/or acknowledgement of order.

3.  Delivery

Unless otherwise agreed, all drawings and documents according to our contract will be delivered via e-mail and / or in 1-fold as white paper copy.

Diagrams and/or documents will be drawn up according to international engineer standard, unless otherwise agreed upon. Delivery of diagrams and/or documents is considered when they are handed over to postal service, Airline Company or to a forwarding agent. The customer has to bear the risk of damage or loss of consignment during shipment and the resulting delay.

4.  Time of Delivery

The time of delivery starts upon receipt of incoming order, with our acknowledgement, on receipt of deposit and with the provision of the documents and information to be made available by the customer and supplier after specification of all technical details. Time of delivery may be changed as a consequence of force majeure and alterations and delayed deliveries of documents by the customer and by third parties. Events beyond our influence may also affect time of delivery. Force majeure also includes the loss of working hours of one of our experts due to illness as some work can frequently be done by particular experts only. The loss of working hours through illness can be proved by medical certificate. Our times of delivery are based on the assumption that the working process will not be interrupted. Every interruption of our working process caused by lack of technical data and information, decisions of the customer and arrears in payment may postpone delivery. If our general costs should increase during such delays our charges for the diagrams and/or documents still to be delivered will have to be adjusted accordingly.

5.  Property

Projects, lines with and without bulbous, models, programs, descriptions and other documents, as well as work derived from this, remain our intellectual property even if they remain unmentioned. Our copyright is reserved. Without our permission these documents must neither be published nor copied, sold or passed on to a third party. If diagrams and/or documents as mentioned in greater detail above are sold to a third party or if a shipyard should use documents which are passed on by our customer to build ships on his own account only, also to build ships for other ship-owners our customer is obliged to inform us in advance in any case. When handing over diagrams and/or documents to the shipyard or to a third party the customer is required to inform them about the above mentioned obligation.

6.  Alterations

Our quotation is valid for one set of preparations for the delivery described. If alterations should become necessary for reasons beyond our responsibility, or if the customer wishes to change diagrams and/or documents which have already been completed or are still being worked on the expense has to be covered separately on the basis of the additional costs arising. Before the changes required are executed a written agreement has to be made concerning additional costs and the altered time of delivery.

7.  Prices

Our prices are based upon fixed salaries and costs at the date of our quotation and/or acknowledgement of order. In case of delays in delivery caused by missing documents and information to be provided by the customer and/or his subcontractors and caused by decisions to be taken by them as well as for other reasons as mentioned in paragraph 4, the work still to be done after the delivery date agreed upon will be invoiced to the customer according to the salaries and costs valid at the time, on the basis of the official statistics.

8.  Terms of Payment

Payment must neither be held back nor balanced against any counterclaims not accepted by our company. Payment has to be effected strictly net on delivery and receipt of invoice. For delayed payment we will charge the common bank interests.

Charges for the further use of all or parts of the diagrams and/or documents supplied by us will be payable when our customers receive or place a suitable order.

9.  Liability

For the execution of our work we accept the usual engineering liability, i.e. mistakes which might occur in drawings, diagrams, calculations etc. and have undoubtedly been caused by us will be corrected by us free of charge. Further liability is excluded, for instance for consequential damage. Further compensation claims (i.e. reduction -of purchase price in case of deficient delivery-, cancellation etc.) are excluded.

Claims must be notified without delay, in any case not later than three weeks after receipt. In case no further comments will be received within 3 weeks we assume the drawings as accepted.

10. General Terms

Both parties reserve the right to cancel the contract, if it has been proved that the other party have not fulfilled their contractual obligations, but only by observing the remaining general terms of delivery. Consignments, part consignments and preparatory work delivered by our company have to be paid in full, as well as all the diagrams and/or documents still in preparation.

11. Jurisdiction

All litigations resulting from contract are exclusively subject to jurisdiction in Emden on the basis of German Law.

12. Applicability

These General Terms of Delivery will be entirely valid, unless other terms have been fixed by contract.

13. Statutory period of limitation

Claims against us shall expire within 12 months after they arose.

These General Terms of Delivery will be entirely valid, unless other terms have been fixed by contract.

Emden, April 2011

 

Model Data Protection Statement for Anwaltskanzlei Weiß & Partner