Simplex Marine Services Pte Ltd

Terms & Conditions

Conditions of Sale

1. Any variation of these condition in any document of the buyer is inapplicable unless accepted in writing by the seller.

2. Where a period is named for delivery, and such period is not extended by mutual consent in writing, the buyer shall take delivery within that period.

3. If for any reason the buyer is unable to take actual delivery of the goods at the time when the goods are due and ready for delivery the seller shall, if his storage facilities permit, store the goods, safeguard them and take all reasonable steps to prevent their deterioration until their actual delivery, and the buyer shall be liable to the seller for the reasonable cost (including insurance) of his so doing.

4. Upon delivery of the said goods by the seller to the buyer, the risk of any loss or damage to or deterioration of the said goods from whatever cause arising thereafter shall be borne by the buyer and such risk shall be borne by the buyer even though property in the goods has not passed to the buyer.

5. Property in the goods supplied under this contract will pass to the buyer only when:
   (a) the goods supplied under this contract have been paid for in full; and
   (b) the goods supplied under any other contract made between the buyer and the seller and already
         delivered at the date of payment of the full price of goods sold under this contract, have been paid for in full.

6. Until payment of all the outstanding amounts owing by the buyer to the seller, the buyer shall retain the goods as bailee of the seller but shall not sell, pledge or dispose of the goods without the prior written approval of the seller.

7. The buyer having examined the said goods the seller will not be responsible for the quality or fitness thereof for any purpose but the buyer must take them on his own judgement as the result of such examination. Nor shall any description of the said goods given by the seller constitute a sale by description.

8. The seller binds himself only to deliver goods in accordance with the general description under which they sold, whether or not any special or particular description shall have been given or shall be implied by law. Any such special or particular description shall be taken only as the expression of the seller's opinion in that behalf.

9. No condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the goods supplied or that they will be suitable for any particular purpose or for use under any specific conditions, norwithstanding that such purpose or conditions may be known or made known to the seller.

10. Goods represented by the buyer to be defective shall not form the subject of any claim for work done by the buyer or for any loss, damage or expense whatsoever arising directly or indirectly from such defects, but such goods, if returned to the seller and accepted by him as defective, will at the request of the buyer and if practicable be replaced as originally ordered. Defects in quality or dimensions in any delivery shall not be a ground for cancellation of the remainder of the order or contract.

11. The buyer shall inspect the said goods on delivery thereof and shall immediately give notice in writing on the delivery order to the seller of any matter or thing by reason whereof he alleges that the goods are not in accordance with the contract. If the buyer shall fail to give such notice the said goods shall be deemed to be in all respects in accordance with the contract and the buyer shall be bound to accept and pay for the same accordingly.

12. Deliveries may be wholly or partially suspended and the time, of such suspension added to the original contract in the event of a stoppage, delay or interruption of work, in the establishment of seller during the delivery period as a result of strikes, lockouts, trade disputes, breakdown, accident or any cause whatsoever beyond the control of the seller respectively.

13. In the event of any outbreak of hostilities (whether war is declared or not) in which is involved, or in the event of national emergency, the seller shall be entitled at any time, on notice to the buyer, to make partial deliveries only or to determine the contract, without prejudice in any case to rights accrued in respect of deliveries already made.

14. The goods shall be paid for within the agreed period after which period the buyer shall be liable to pay, in addition to the amount due, interest at the rate of 2% per month on the amount due until full payment has been made. All payments for goods delivered by instalments shall be made on due date as a condition precedent to future deliveries.

15. Payment for the said goods shall be deemed to be of the essence of the contract and the failure of the buyer to pay for the goods or for any one or more of the said instalments in accordance with the foregoing stipulations shall entitle the seller as the case may be to treat such failure as a repudiation of this contract by the other party and himself to repudiate further performance thereof and to recover damages for the breach of contract and/or the said goods.

16. Each instalment deliverable under this contract shall be deemed to be sold under a separate contract and the party in default in respect of any such instalment shall be liable in damages accordingly subject to clause 16 above. Such default shall not entitle the other party to repudiate the contract with regard to any instalments remaining deliverable nor shall either party be entitled to enforce or demand delivery as the case may be of any instalment after the time appointed for delivery thereof.

Conditions for the Service of Technicians and Engineers

1. Definitions
1.1 “Company” means Simplex Marine Services Pte Ltd, ACRA registration number 198601649M.

1.2 “Customer” means the person or entity the Company had agreed to provide the services as specified in the Company’s Service Time Record found overleaf or any quotation or works order of the Company.

1.3 “Servicemen” means technicians and/or engineers deployed or provided by the Company for carrying the services requested for by the Customer.

1.4 All words importing the singular meaning shall also import the plural and vice versa.

2. Scope of Application
2.1 These conditions for the services of servicemen apply to all contracts and/or works for the assembly and/or fitting works carried by our servicemen, insofar as no special terms or conditions had been separately agreed in any individual case and which differ from the conditions set out herein.

2.2 The Company’s conditions of sale and supply, insofar as they are not inconsistent with the terms and conditions herein shall equally apply to the contract herein.

2.3 In no circumstances however shall any terms and conditions of the Customer apply to the contract unless the Company had expressly agreed to them in writing to form part of the contract herein.

3. Cost of Assembly and/or Fitting Work
3.1 Except in cases where a lump sum amount had been agreed to in writing by the Company, the cost of the assembly and/or fitting works shall be calculated according to the time spent and/or time required to complete the assembly and/or fitting works.

3.2 Unless otherwise stated in any quotation or works order or any similar document, the contract price shall be exclusive of any Goods & Services Tax currently in force and which tax shall be borne by the Customer.

4. Cost of General Work and Services
The payment for general works and services carried out by the company (preparation of assembly and/or fitting works making of drawings, supervision of assembly and/or fitting works) is to be made on the basis of a special agreement between the Company and the Customer and shall be exclusive of any Goods & Services Tax currently in force and which Tax shall be borne by the Customer.

5. Representations or Statements of Servicemen
In no circumstances shall any representations or statements made by the servicemen be binding on the Company or form part of the terms of the contract for the supply of services herein unless the Company had expressly agreed in writing to such inclusion.

6. Liability for Costs on Assembly and/or Fitting Works and for General Works and Services not carried out
6.1 In the event the Customer cancels the assembly and/or fitting works, and/or general works and services for whatever reasons after the Company had started work on the order and/or mobilized its servicemen, the Customer shall still liable for full payment of the costs arising from the assembly and/or fitting works, and/or general works and services.

6.2 This provision shall apply even in cases where the cancellation takes place before the arrival of the Company’s servicemen at the work or project site.

7. Traveling Expenses
7.1 The traveling costs (including transport, transport insurance and personal luggage as well as tools taken along and also those dispatched separately) will be Charged to the customer in accordance with the financial outlay that we have incurred in connection therewith.

7.2 As a rule, for servicemen, first class railway travel is charged and for the remaining personnel, second class railway travel is charged (including supplementary charges).

7.3 If motorcars are used a lump sum amount per kilometer will be charged.

7.4 In the case of journeys by air the price for tourist class will be charged.

8. Working Hours and Payment
8.1 The Company’s servicemen shall as far as possible adapt to the reasonable working hours implemented by the customer at the customer’s work site.

8.2 The customer shall certify on the form presented to him the hours of work of our servicemen and work carried out by them.

8.3 In cases of assembly and/or fitting works at distant locations the necessary traveling time (including the time required for actually arriving at and leaving the work site) will be charged as working time. Waiting time, time for searching for accommodation and time that may be required for reporting to the authorities will also be charged as working time, so far as working time is lost thereby.

8.4 In cases of assembly and/or fitting works at distant locations the full daily working time will be charged, but at least weekly the working hours laid down in the agreement with the trade union, even when the Company’s servicemen are prevented through no fault of theirs to complete the full working hours.

9. Safety Regulations
9.1 The customer shall take all necessary measures and implement a safe system of work for the protection of all persons and property at the customer’s work site, including the Company’s servicemen assigned to the Customers. The Customers shall instruct the Company’s servicemen regarding any existing safety regulations applicable to the works carried out by the Company’s technicians. The Customer shall keep the Company notified of any breaches of these safety regulations by the Company’s servicemen and with the concurrence of the Company bar any servicemen of the Company who is in breach of such safety regulations from the Customer’s place of work.

9.2 The Company shall instruct all of its servicemen to adhere to and comply with all the safety regulations of the Customer in force, the loyal workers’ protection rules and with the Customer’s local rules for worker’s protection, if any.

10. Technical Assistance of the Customer
10.1 The Customer shall be obliged to give technical assistance at his own cost and in compliance with all official regulations in particular

(a) to provide the necessary suitable support personnel( for example carpenters, fitters, staging builders and other skilled workers, helpers) in the number required for the assembly and/or fitting work and for the necessary time. The support personnel shall follow the instructions of the Company’s servicemen. The Company however accepts no liability whatsoever for the support personnel who shall for all intents and purposes shall be the employees of the Customer.

(b) to undertake staging works including the procurement of the necessary construction materials.

(c) to provide according to the Company’s data a suitable working platform or pontoon, as the case may be, for outboard work. A motor boat must stay in constant readiness in the immediate vicinity of the place of work.

(d) to provide the necessary heavy appliances and equipment and tools (for example lifting cranes), as well as the necessary equipments and materials (for example, wood for staging, sealants and lubricants).

(e) to provide heating, lighting, power current and compressed air, including the necessary connections.

(f) to provide the rooms needed for the safekeeping of Company’s technician’s tools. These rooms must be dry and must be capable of being locked.

(g) to transport to the place of work parts required for the assembly and/or fitting work that have been delivered beforehand, to protect the parts required for the work against injurious influences of all kinds, to clean the parts required for the work.

(h) to provide suitable theft-proof rest rooms (with heating, lighting, washing facility, sanitary equipment) and first aid for our technicians.

(i) to provide the materials and to take all other actions that are necessary of the correct adjustment of the object of supply and for the carrying out of a test as provided for in the contract.

10.2 The support personnel of the Customer must be mobilised ahead of time to ensure that the assembly and/or fitting work can be started immediately after the arrival of our technicians. So far as special drawings or instructions are required from the Company, the Company shall make these available to the customer within reasonable time.

10.3 If the Customer does not fulfill his obligations, then the Company shall at its absolute discretion without any obligations whatsoever carry out the acts that are incumbent and necessary on the part of the customer in place of the Customer and at his cost.

11. Extent of Assembly and/or Fitting Work
In the determination of the extent of the assembly and/or fitting work that is required to be carried out, the Company shall advise the Customer to the best of its knowledge and it is agreed that the Company may rely on the opinion of a classification society or of its authorized representative in advising as such. The customer must, however, himself make the final decision on the extent and practicality of the assembly and/or fitting work and shall assume all risks arising therefrom.

12. Time Limit for Assembly and/or Fitting Work
12.1 All statements on a time limit for assembly and/or fitting work are estimates only and the Company shall employ its best endeavors to complete the assembly and/or fitting works within the estimated time frame.

12.2 If as an exception a time limit for assembly and/or fitting work is designated as binding, then such a time limit is considered as having been kept when by the time that it expires the assembly and/or fitting work is ready either for acceptance by the customer or for carrying out a test as provided for in the contract.

12.3 If the assembly and/or fitting work is delayed on account of circumstances arising for which we are not responsible, then the time limit is to be suitable extended; this applies also when such circumstances arises after we have fallen into arrears with the work. The costs incurred through the delay are to be borne by the Customer.

13. Acceptance
13.1 The customer is under the obligation to accept the assembly and/or fitting works as soon as he has been notified that the works has been completed and that any test that may have been provided for in the contract of the assembled and/or fitted object of supply has been carried out. If the assembly and/or fitting work turns out to be not in accordance with the contract then we are under the obligation to remove the defect at our own costs. This does not apply when the defect is insignificant for the interests of the Customer or when the defect is due to a circumstance that is to be attributed to the Customer. If there is a defect that is not important, then the Customer cannot refuse acceptance after the Company had expressly admitted its obligation to remove the defect.

13.2 If the acceptance is delayed through no fault of the Company then the acceptance will be considered as having taken place at the end of a week after the Customer has been notified that the work has been completed.

13.3 On and from the time of acceptance our liability for perceptible defects ceases, in so far as the Customer has not reserved the right to enforce the removal of some specified defect.

14. Liability
As far as our personnel does not carry out the assembly and/or/fitting work themselves but, as instructed, merely supervises works carried out by personnel supplied by the Customer or third parties, the Company’s liability shall be limited to the supervision activities. In this respect, the Company shall only be liable for exercising customary duty of care and such liability shall limited to the amount of the contract price, any further liability shall be excluded.

15. Warranty
15.1 The Company warrants rectifying defects that arise within a period of 6 months after acceptance. Any replacement or rectification works shall not exceed the original extent and value of the contracted work. The customer must notify the Company within the warranty period of any defect that requires rectification failing which the contracted works shall be taken as being satisfactory to the Customer and no claim whatsoever shall be brought by the Customer against the Company. Any claim for conversion, reduction or damages, whether in respect of direct or indirect damages, is hereby expressly excluded.

15.2 Within the period of warranty for defects, the customer may initially, if a case of warranty is given, request only the rectification of the repair works from the Company. The Company shall bear the costs, if applicable, of a necessary de-assembling and re-assembly of the object of repair to a reasonable extent and only to such work cannot be done by staff available on location. Any further costs incurred, in particular costs for getting access to the object of repair as well as indirect and consequential costs, such as stoppage costs, docking costs and other incidental costs shall be borne by the Customer.

15.3 The Company’s warranty herein shall not apply in the event the Customer without the Company’s written consent made changes or carried out re-conditioning works on its own.

16. Repair of defective workmanship or material
Should the Company make available personnel for the de-assembly and re-assembly work in accordance with liability obligations, only the cost for the work will be covered by the Company. Payment for traveling time, waiting time, traveling expenses, hotel and meal allowances will be for the account of the customer and will be invoiced accordingly.

17. Other Conditions
17.1 The foregoing conditions are supplemented by the relevant legal regulations and worker’s tariff agreements in force from time to time.

17.2 The costs of the assembly and/or fitting work are to be paid immediately on receipt of the bill without deduction of any kind. Detention and set off are excluded. The accounts for the cost of the assembly and/or fitting work will be worked out and presented after the work has been completed.


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	Terms & Conditions Conditions of Sale 1. Any variation of these condition in any document of the buyer is inapplicable unless accepted in writing by the seller. 2. Where a period is named for delivery, and such period is not extended by mutual consent in writing, the buyer shall take delivery within that period. 3. If for any reason the buyer is unable to take actual delivery of the goods at the time when the goods are due and ready for delivery the seller shall, if his storage facilities permit, store the goods, safeguard them and take all reasonable steps to prevent their deterioration until their actual delivery, and the buyer shall be liable to the seller for the reasonable cost (including insurance) of his so doing. 4. Upon delivery of the said goods by the seller to the buyer, the risk of any loss or damage to or deterioration of the said goods from whatever cause arising thereafter shall be borne by the buyer and such risk shall be borne by the buyer even though property in the goods has not passed to the buyer. 5. Property in the goods supplied under this contract will pass to the buyer only when: (a) the goods supplied under this contract have been paid for in full; and (b) the goods supplied under any other contract made between the buyer and the seller and already delivered at the date of payment of the full price of goods sold under this contract, have been paid for in full. 6. Until payment of all the outstanding amounts owing by the buyer to the seller, the buyer shall retain the goods as bailee of the seller but shall not sell, pledge or dispose of the goods without the prior written approval of the seller. 7. The buyer having examined the said goods the seller will not be responsible for the quality or fitness thereof for any purpose but the buyer must take them on his own judgement as the result of such examination. Nor shall any description of the said goods given by the seller constitute a sale by description. 8. The seller binds himself only to deliver goods in accordance with the general description under which they sold, whether or not any special or particular description shall have been given or shall be implied by law. Any such special or particular description shall be taken only as the expression of the seller's opinion in that behalf. 9. No condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the goods supplied or that they will be suitable for any particular purpose or for use under any specific conditions, norwithstanding that such purpose or conditions may be known or made known to the seller. 10. Goods represented by the buyer to be defective shall not form the subject of any claim for work done by the buyer or for any loss, damage or expense whatsoever arising directly or indirectly from such defects, but such goods, if returned to the seller and accepted by him as defective, will at the request of the buyer and if practicable be replaced as originally ordered. Defects in quality or dimensions in any delivery shall not be a ground for cancellation of the remainder of the order or contract. 11. The buyer shall inspect the said goods on delivery thereof and shall immediately give notice in writing on the delivery order to the seller of any matter or thing by reason whereof he alleges that the goods are not in accordance with the contract. If the buyer shall fail to give such notice the said goods shall be deemed to be in all respects in accordance with the contract and the buyer shall be bound to accept and pay for the same accordingly. 12. Deliveries may be wholly or partially suspended and the time, of such suspension added to the original contract in the event of a stoppage, delay or interruption of work, in the establishment of seller during the delivery period as a result of strikes, lockouts, trade disputes, breakdown, accident or any cause whatsoever beyond the control of the seller respectively. 13. In the event of any outbreak of hostilities (whether war is declared or not) in which is involved, or in the event of national emergency, the seller shall be entitled at any time, on notice to the buyer, to make partial deliveries only or to determine the contract, without prejudice in any case to rights accrued in respect of deliveries already made. 14. The goods shall be paid for within the agreed period after which period the buyer shall be liable to pay, in addition to the amount due, interest at the rate of 2% per month on the amount due until full payment has been made. All payments for goods delivered by instalments shall be made on due date as a condition precedent to future deliveries. 15. Payment for the said goods shall be deemed to be of the essence of the contract and the failure of the buyer to pay for the goods or for any one or more of the said instalments in accordance with the foregoing stipulations shall entitle the seller as the case may be to treat such failure as a repudiation of this contract by the other party and himself to repudiate further performance thereof and to recover damages for the breach of contract and/or the said goods. 16. Each instalment deliverable under this contract shall be deemed to be sold under a separate contract and the party in default in respect of any such instalment shall be liable in damages accordingly subject to clause 16 above. Such default shall not entitle the other party to repudiate the contract with regard to any instalments remaining deliverable nor shall either party be entitled to enforce or demand delivery as the case may be of any instalment after the time appointed for delivery thereof. Conditions for the Service of Technicians and Engineers 1. Definitions 1.1 “Company” means Simplex Marine Services Pte Ltd, ACRA registration number 198601649M. 1.2 “Customer” means the person or entity the Company had agreed to provide the services as specified in the Company’s Service Time Record found overleaf or any quotation or works order of the Company. 1.3 “Servicemen” means technicians and/or engineers deployed or provided by the Company for carrying the services requested for by the Customer. 1.4 All words importing the singular meaning shall also import the plural and vice versa. 2. Scope of Application 2.1 These conditions for the services of servicemen apply to all contracts and/or works for the assembly and/or fitting works carried by our servicemen, insofar as no special terms or conditions had been separately agreed in any individual case and which differ from the conditions set out herein. 2.2 The Company’s conditions of sale and supply, insofar as they are not inconsistent with the terms and conditions herein shall equally apply to the contract herein. 2.3 In no circumstances however shall any terms and conditions of the Customer apply to the contract unless the Company had expressly agreed to them in writing to form part of the contract herein. 3. Cost of Assembly and/or Fitting Work 3.1 Except in cases where a lump sum amount had been agreed to in writing by the Company, the cost of the assembly and/or fitting works shall be calculated according to the time spent and/or time required to complete the assembly and/or fitting works. 3.2 Unless otherwise stated in any quotation or works order or any similar document, the contract price shall be exclusive of any Goods & Services Tax currently in force and which tax shall be borne by the Customer. 4. Cost of General Work and Services The payment for general works and services carried out by the company (preparation of assembly and/or fitting works making of drawings, supervision of assembly and/or fitting works) is to be made on the basis of a special agreement between the Company and the Customer and shall be exclusive of any Goods & Services Tax currently in force and which Tax shall be borne by the Customer. 5. Representations or Statements of Servicemen In no circumstances shall any representations or statements made by the servicemen be binding on the Company or form part of the terms of the contract for the supply of services herein unless the Company had expressly agreed in writing to such inclusion. 6. Liability for Costs on Assembly and/or Fitting Works and for General Works and Services not carried out 6.1 In the event the Customer cancels the assembly and/or fitting works, and/or general works and services for whatever reasons after the Company had started work on the order and/or mobilized its servicemen, the Customer shall still liable for full payment of the costs arising from the assembly and/or fitting works, and/or general works and services. 6.2 This provision shall apply even in cases where the cancellation takes place before the arrival of the Company’s servicemen at the work or project site. 7. Traveling Expenses 7.1 The traveling costs (including transport, transport insurance and personal luggage as well as tools taken along and also those dispatched separately) will be Charged to the customer in accordance with the financial outlay that we have incurred in connection therewith. 7.2 As a rule, for servicemen, first class railway travel is charged and for the remaining personnel, second class railway travel is charged (including supplementary charges). 7.3 If motorcars are used a lump sum amount per kilometer will be charged. 7.4 In the case of journeys by air the price for tourist class will be charged. 8. Working Hours and Payment 8.1 The Company’s servicemen shall as far as possible adapt to the reasonable working hours implemented by the customer at the customer’s work site. 8.2 The customer shall certify on the form presented to him the hours of work of our servicemen and work carried out by them. 8.3 In cases of assembly and/or fitting works at distant locations the necessary traveling time (including the time required for actually arriving at and leaving the work site) will be charged as working time. Waiting time, time for searching for accommodation and time that may be required for reporting to the authorities will also be charged as working time, so far as working time is lost thereby. 8.4 In cases of assembly and/or fitting works at distant locations the full daily working time will be charged, but at least weekly the working hours laid down in the agreement with the trade union, even when the Company’s servicemen are prevented through no fault of theirs to complete the full working hours. 9. Safety Regulations 9.1 The customer shall take all necessary measures and implement a safe system of work for the protection of all persons and property at the customer’s work site, including the Company’s servicemen assigned to the Customers. The Customers shall instruct the Company’s servicemen regarding any existing safety regulations applicable to the works carried out by the Company’s technicians. The Customer shall keep the Company notified of any breaches of these safety regulations by the Company’s servicemen and with the concurrence of the Company bar any servicemen of the Company who is in breach of such safety regulations from the Customer’s place of work. 9.2 The Company shall instruct all of its servicemen to adhere to and comply with all the safety regulations of the Customer in force, the loyal workers’ protection rules and with the Customer’s local rules for worker’s protection, if any. 10. Technical Assistance of the Customer 10.1 The Customer shall be obliged to give technical assistance at his own cost and in compliance with all official regulations in particular (a) to provide the necessary suitable support personnel( for example carpenters, fitters, staging builders and other skilled workers, helpers) in the number required for the assembly and/or fitting work and for the necessary time. The support personnel shall follow the instructions of the Company’s servicemen. The Company however accepts no liability whatsoever for the support personnel who shall for all intents and purposes shall be the employees of the Customer. (b) to undertake staging works including the procurement of the necessary construction materials. (c) to provide according to the Company’s data a suitable working platform or pontoon, as the case may be, for outboard work. A motor boat must stay in constant readiness in the immediate vicinity of the place of work. (d) to provide the necessary heavy appliances and equipment and tools (for example lifting cranes), as well as the necessary equipments and materials (for example, wood for staging, sealants and lubricants). (e) to provide heating, lighting, power current and compressed air, including the necessary connections. (f) to provide the rooms needed for the safekeeping of Company’s technician’s tools. These rooms must be dry and must be capable of being locked. (g) to transport to the place of work parts required for the assembly and/or fitting work that have been delivered beforehand, to protect the parts required for the work against injurious influences of all kinds, to clean the parts required for the work. (h) to provide suitable theft-proof rest rooms (with heating, lighting, washing facility, sanitary equipment) and first aid for our technicians. (i) to provide the materials and to take all other actions that are necessary of the correct adjustment of the object of supply and for the carrying out of a test as provided for in the contract. 10.2 The support personnel of the Customer must be mobilised ahead of time to ensure that the assembly and/or fitting work can be started immediately after the arrival of our technicians. So far as special drawings or instructions are required from the Company, the Company shall make these available to the customer within reasonable time. 10.3 If the Customer does not fulfill his obligations, then the Company shall at its absolute discretion without any obligations whatsoever carry out the acts that are incumbent and necessary on the part of the customer in place of the Customer and at his cost. 11. Extent of Assembly and/or Fitting Work In the determination of the extent of the assembly and/or fitting work that is required to be carried out, the Company shall advise the Customer to the best of its knowledge and it is agreed that the Company may rely on the opinion of a classification society or of its authorized representative in advising as such. The customer must, however, himself make the final decision on the extent and practicality of the assembly and/or fitting work and shall assume all risks arising therefrom. 12. Time Limit for Assembly and/or Fitting Work 12.1 All statements on a time limit for assembly and/or fitting work are estimates only and the Company shall employ its best endeavors to complete the assembly and/or fitting works within the estimated time frame. 12.2 If as an exception a time limit for assembly and/or fitting work is designated as binding, then such a time limit is considered as having been kept when by the time that it expires the assembly and/or fitting work is ready either for acceptance by the customer or for carrying out a test as provided for in the contract. 12.3 If the assembly and/or fitting work is delayed on account of circumstances arising for which we are not responsible, then the time limit is to be suitable extended; this applies also when such circumstances arises after we have fallen into arrears with the work. The costs incurred through the delay are to be borne by the Customer. 13. Acceptance 13.1 The customer is under the obligation to accept the assembly and/or fitting works as soon as he has been notified that the works has been completed and that any test that may have been provided for in the contract of the assembled and/or fitted object of supply has been carried out. If the assembly and/or fitting work turns out to be not in accordance with the contract then we are under the obligation to remove the defect at our own costs. This does not apply when the defect is insignificant for the interests of the Customer or when the defect is due to a circumstance that is to be attributed to the Customer. If there is a defect that is not important, then the Customer cannot refuse acceptance after the Company had expressly admitted its obligation to remove the defect. 13.2 If the acceptance is delayed through no fault of the Company then the acceptance will be considered as having taken place at the end of a week after the Customer has been notified that the work has been completed. 13.3 On and from the time of acceptance our liability for perceptible defects ceases, in so far as the Customer has not reserved the right to enforce the removal of some specified defect. 14. Liability As far as our personnel does not carry out the assembly and/or/fitting work themselves but, as instructed, merely supervises works carried out by personnel supplied by the Customer or third parties, the Company’s liability shall be limited to the supervision activities. In this respect, the Company shall only be liable for exercising customary duty of care and such liability shall limited to the amount of the contract price, any further liability shall be excluded. 15. Warranty 15.1 The Company warrants rectifying defects that arise within a period of 6 months after acceptance. Any replacement or rectification works shall not exceed the original extent and value of the contracted work. The customer must notify the Company within the warranty period of any defect that requires rectification failing which the contracted works shall be taken as being satisfactory to the Customer and no claim whatsoever shall be brought by the Customer against the Company. Any claim for conversion, reduction or damages, whether in respect of direct or indirect damages, is hereby expressly excluded. 15.2 Within the period of warranty for defects, the customer may initially, if a case of warranty is given, request only the rectification of the repair works from the Company. The Company shall bear the costs, if applicable, of a necessary de-assembling and re-assembly of the object of repair to a reasonable extent and only to such work cannot be done by staff available on location. Any further costs incurred, in particular costs for getting access to the object of repair as well as indirect and consequential costs, such as stoppage costs, docking costs and other incidental costs shall be borne by the Customer. 15.3 The Company’s warranty herein shall not apply in the event the Customer without the Company’s written consent made changes or carried out re-conditioning works on its own. 16. Repair of defective workmanship or material Should the Company make available personnel for the de-assembly and re-assembly work in accordance with liability obligations, only the cost for the work will be covered by the Company. Payment for traveling time, waiting time, traveling expenses, hotel and meal allowances will be for the account of the customer and will be invoiced accordingly. 17. Other Conditions 17.1 The foregoing conditions are supplemented by the relevant legal regulations and worker’s tariff agreements in force from time to time. 17.2 The costs of the assembly and/or fitting work are to be paid immediately on receipt of the bill without deduction of any kind. Detention and set off are excluded. The accounts for the cost of the assembly and/or fitting work will be worked out and presented after the work has been completed. back to top