Download conditions of contract

CONDITIONS OF CONTRACT
1. All work and services rendered by NEORION SYROS SHIPYARDS ('the
Company') will be done and rendered under the terms and conditions set out
herein ('the Conditions') and no stipulation or condition contained in any order
of a Customer which conflicts with any of these Conditions shall have any
effect unless otherwise specifically agreed in writing between the Company and
the Customer.
2. These terms and conditions shall endure for the benefit of all servants, agents or
sub-contractors of the Company as though the Customer had contracts with
each such servant, agent or sub-contractor on these Conditions.
The term 'sub-contractor' includes all persons instructed by the Company to do
work, render services, afford accommodation or supply goods.
3. Tenders submitted by the Company to a Customer remain open for acceptance
by the Customer only for such period of time as is specified therein and the
date of acceptance shall be the date of receipt by the Company of written
confirmation of the Customer's order.
4. The vessel shall be delivered by the Customer to and redelivered by the
Company at the Company's premises or at the Company's option at the nearest
convenient place to its premises. The vessel shall be considered as delivered
by the Company to the Customer when the Company has completed the work and
withdrawn its workmen from the vessel.
5. Goods or products produced at the company's premises shall be deemed as
delivered upon leaving the premises even if carriage is effected through the
Company's care.
The Customer duly notified may inspect said goods or products before dispatch.
Goods or products dispatched through the Company's care shall travel at the risk
of the Customer.
Prices quoted shall not include packing or dunnage effected only at the
Customer's written request and separately invoiced at cost.
6.
(I) The time specified for execution or delivery of any work by the Company
shall begin only after the full scope and performance of the work has
been determined and agreed between the parties.
(II) Should the Customer during progress of the work fail to fulfil his
obligations under the contract, the Company shall be entitled to
suspend the work until the obligation is fulfilled.
NEORION SYROS SHIPYARDS
(III) The Company shall be under no liability to the Customer in any way
whatsoever for destruction, damage, delay or any other matters of any
nature whatsoever arising out of war, rebellion, civil commotion, strikes,
lock outs and industrial disputes, fire, explosion, earthquake, Act of God,
floods, drought or bad weather, the non-availability or late delivery of
supplies, or any act or order by any Governmental department, council
or duly constituted body.
(IV) The Company shall be under no liability to the Customer in any way
whatsoever for unforeseeable non-availability of dry-docks or for any
other event (whether or not mentioned in (III) above) outwith the control
of the Company.
(V) All delays arising from any event governed by sub-clauses (I - IV) above
shall increase the time for execution or delivery by the number of working
days lost due to the said delays.
7. All trials and movements of the vessel shall be at the sole risk of the Customer
in every respect and the Company shall not be under any liability for any act or
default arising out of such trials or movements.
8. The Company shall be under no liability to the Customer for any loss or damage
to the vessel under repair, the vessel's machinery or equipment, loss of life or
bodily injury to persons unless such loss, damage, death, or injury results from
the negligence of the Company or its employees.
9. The Company warrants that it shall, at its own premises, replace any defective
material supplied and repair any deficiency in the work performed by the
Company in accordance with the following:
(I) This warranty shall apply only to that work performed and corresponding
materials supplied by the Company.
(II) Notice of any claim under this clause must be submitted in writing to the
Company by the Customer immediately upon discovery of such defect or
deficiency.
(III) This warranty shall be valid for a period of three (3) months from the date
of re-delivery of the vessel by the Company to the Customer.
(IV) The Customer shall be entitled to have any such defect or deficiency
rectified by any other repair yard approved by the Company in the
event that the Owner would incur considerable inconvenience in
delivering the vessel to the Company's premises.
The Company's liability in such event shall be limited to the equivalent
cost
of
the rectification work had the work been performed at the
Company's premises.
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NEORION SYROS SHIPYARDS
10. The total liability of the Company to the Customer shall be limited in respect of any
one defect or event, or any series of defects or events arising out of one
occurrence to the sum of U.S.Dollars 25,000,000.00, unless otherwise agreed in
writing.
11. The Company shall be under no liability to the Customer in any way whatsoever
for loss or damage however caused in respect of economic loss including loss of
profit, loss of revenue or any other consequential loss or damage.
12. Unless otherwise agreed in writing, the prices quoted are based on the current
wages, materials, and services, conditions of work, taxes etc. ruling at the
date thereof.
Alternation of any of the factors herein (only indicatively mentioned) before
final completion of the work or delivery of the vessel shall entail a relative
adjustment of the price agreed.
13. All scrap materials, except heavy machinery parts, propeller and tailshafts,
arising out of work done by the Company shall become the property of the
Company and the Customer shall not be entitled to any compensation in respect
thereof unless otherwise agreed in writing.
14. The Customer shall be required to effect payment each month for the value of
the work done to date. The balance shall be payable on completion of the
work and prior to the departure of the vessel unless otherwise agreed in writing.
Should the Customer default in the agreed payment terms, all amounts due by the
Customer to the Company shall become immediately payable, the Company
being entitled to suspend all work in accordance with clause 6 (II) until such
amounts are paid.
15. Unless otherwise agreed in writing, the vessel throughout the duration of repairs
shall remain at the Company for the account of and the responsibility of the Owner.
The clause shall be applicable regardless of the extent of repairs and whether the
ship is in drydock, laying at the Yard or berthed therein.
16. Unless otherwise agreed in writing, prices quoted in foreign currency shall be
payable in the said currency.
17. Greek law shall apply in the determination of any dispute arising under the contract
of which these conditions constitute a part.
Claims of the Customer against the Company may be asserted only in the
Courts of Greece which shall have sole jurisdiction of such claims.
Claims of the Company against the Customer may be asserted only in the
Courts of Greece which shall have sole jurisdiction of such claims.
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NEORION SYROS SHIPYARDS
18. Despite the agreed mode of payment, should the Company accept payment in
bills of exchange or drafts or cheques, this will not entail either release of the
debt or alternation of the agreed terms of payment, even if payment has been
effected through any Greek or foreign bank or corporation.
19. Acceptance of a quotation from
these Terms and Conditions.
the Company shall constitute acceptance of
These Terms and Conditions shall apply equally to any work described in the
Customer's order and to any additions to or changes in the scope of such work which
shall be notified to us by the Master of the ship or by any other person acting or
purporting to act with the Customer's authority.
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