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ACCEPTANCE OF TERMS
Please read the following terms and conditions carefully. These terms shall govern the purchase and apply to all the transactions that are finalized for Ship Supplies pursuant to the use of this Web-Portal.
By accessing our web site's Ship Supplies page, you have agreed that you will be bound by the terms and conditions hereof, which maritimeChain.com pte ltd in its discretion may change from time to time. Your continued use of the Service will signify your acceptance of the changed Terms. This Agreement may not be otherwise modified except in a writing signed by an authorized officer of maritimeChain.com pte ltd.
FORCE MAJEURE
maritimeChain.com pte ltd shall not be liable to you for delays or failures in performance resulting from causes beyond our reasonable control, including, but not limited to, acts of God, labour disputes or disturbances, material shortages or rationing, riots, acts of war, governmental regulations, communication or utility failures, or casualties.
MISCELLANEOUS
The Agreement constitutes the entire Agreement between you and maritimeChain.com pte ltd and governs your use of the Service, superceding any prior written or oral Agreements between you and maritimeChain.com pte ltd. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
SPECIAL TERMS FOR SHIP SUPPLIES
All contracts for Ship Supplies in this site, whether in part or full, will be governed by the International conditions for the Ship Stores Trade listing the rights and duties of both ship suppliers and ship owners formulated by the INTERNATIONAL SHIP SUPPLIERS ASSOCIATION (I.S.S.A.) and deposited at The Hague, Netherlands in 1978, Officially called "I.S.S.A. CONDITIONS 1978" as amended from time to time. For sake of clarity we are specifying the terms and conditions in detail as under:
- Unless otherwise expressly agreed in writing the following terms and conditions will apply to all the supplies purchased through maritimeChain.com
- Provided the prevailing circumstances reasonably permit, the vendor shall supply and deliver to the purchaser the goods as ordered at the time and place stated by the purchaser in so far as such goods are available at the agreed port or in the agreed port area.
- All goods shall be delivered to the ship as per the transportation charges in the schedule. The transportation charges shall be waived if the purchase value of the consignment exceeds the parameters mentioned in the schedule.
- If delivery is required outside normal working hours or on Saturdays, Sundays or legal holidays expenses incidental to such delivery shall be refunded by the purchaser as additional costs.
- The purchaser shall refund to the vendor any costs or expenses incidental to a waiting period in excess of normal.
- The goods shall be of standard quality as per the description in the maritimeChain.com web site. The goods shall be supplied in the packing customary at the place of delivery. The purchaser shall inform the vendor of any special packing requirements in view of the destination of ship and/or goods. Any expenses in excess of normal incurred in complying with such special requirements shall be chargeable to the purchaser.
- Returnable packing material and containers supplied by the vendor shall be clearly marked as such on the receipt-note. Returnable packing material shall be charged separately at the prices current at the place and at the time of delivery. The amounts so charged shall be refunded by the vendor to the purchaser, provided such packing material and containers are returned undamaged within a reasonable period.
- By taking delivery of the goods and signing the receipt-note accompanying them the purchaser shall be deemed to have approved and accepted the goods in every respect.
- The purchaser may claim in writing - normally within one month of delivery after which period all rights in regard thereto shall lapse - only the repayment of the purchase price of any goods proved to be defective at the time of delivery, subject to the goods being returned or landed against receipt from an I.S.S.A. representative, in so far as this is reasonably possible. If no I.S.S.A. representative is available a Lloyd's report will have to be arranged for by the purchaser.
- The purchaser shall in any event only be entitled to a repayment if he proves that the goods have been handled, treated and stored in keeping with their nature, their liability to deterioration, etc, the purchaser being under the obligation so to handle, treat and store the goods.
- The purchaser shall in no case be entitled to make any claim for consequential loss or damage arising out of the supply of any goods by the vendor to the purchaser.
- No complaint by the purchaser in regard to the vendor's invoice will be considered unless lodged in writing by the purchaser with the vendor within 30 days of despatch of such invoice.
- The purchaser shall pay full invoiced amount in advance - or if mutually agreed arrange for payment of - the invoiced amount before the ship's departure at the rate of exchange on the day of payment. Credit terms, if any, have to be separately agreed in writing between the vendor and purchaser.
- The property in the goods delivered to the ship shall not pass to the purchaser until he has made full payment for the same.
- If the vendor is unable to make delivery or to make delivery in good time owing to force majeure - which shall include all and any circumstances or conditions for which the vendor cannot be held liable and as a consequence whereof it is not reasonably possible to make delivery in good time - then the vendor's obligation to supply and deliver shall cease or be suspended for the duration of such force majeure.
- All of the aforementioned conditions shall be applicable to all orders placed on maritimeChain.com.
- Any dispute arising out of or under or incidental to any agreement entered into on these conditions shall be Governed by Singapore Law and all parties shall be subjected to the jurisdiction of the High Court of Singapore.
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