Terms & Conditions
. Definitions“the Company" means Viking Industrial and Marine Services Limited;"the Buyer” means the person, firm or Company placing the order;“Order” means the order placed by the Buyer for the services;"the Services”. means the actual work to be carried out by the Company and anymaterials or parts supplied or repaired
2. General
a) These conditions constitute the entire understanding between the parties in respect of the Services to be provided by the Company.
b) No waiver, variation or modification of any provision of these conditions shall be valid or binding unless agreed in writing by the parties.
c) The Company's employees or agents are not authorised to make any representations concerning the Services unless confirmed by the Company in writing. In placing the Order the Buyer acknowledges that it does not rely on any such representations, which are not so confirmed.
d) The headings in these conditions are for convenience only and shall not effect their interpretation
e) References herein to the Buyer shall mean the person, firm or Company placing the Order with the Company. Where the Buyer is not the owner of the Vessel the Buyer warrants that the owner of the vessel shall be bound by these conditions and the Buyer shell indemnify the Company against all claims, demands and actions made or brought against the Company by such owner and in respect of which the Company has no liability hereunder to the Buyer.
3. Quotations
a) The price quoted by the Company is for the Services set out in the specification contained in the Company's quotation. Any additional Services found to be necessary but not specified in the quotation will incur an additional charge.
b) Additional Services carried out by the Company shall be subject to the prior agreement of the additional charges and revised completion dates.
c) Where the Order requires or implies compliance with any codes, regulations, standards or any other rules, the Company shall only accept responsibility for compliance with those that existed at the time of the quotation.
4. Cancellation
a) No Order which has been accepted by the Company may be cancelled by the Buyer except with the written agreement of the Company and on terms that the Buyer shall indemnify the Company in full against all loss (including loss of profit), costs (including the cost of all labour and material used), damages, charges and expenses incurred by the Company as a result of cancellation.
5. Price
a) The Company reserves the right by giving notice to the Buyer at any time before completion of the Services to increase the price of the Services. Any increase shall only reflect increases in the cost to the Company due to any factor beyond the control of the Company, any change in completion date, or specification of the Services which is requested by the Buyer or any delay caused by or any instructions of the Buyer or failure of the Buyer to give the Company adequate Information or Instructions.
6. Warranties and Liability
a) Subject to the conditions set out below the Company warrants that the Services will correspond with their specification contained in the quotation and will be free from defects in accordance with the following conditions:-
(i) If any defect occurs as a result of the Services provided by the Company within 12 months of completion of the Services. The Company shall at its own cost put right any defects or compensate the Buyer financially for the rectification of such defects by an amount not exceeding the Company's own quotation for rectifying the defects.
b) The above warranty is given by the Company subject to the following conditions
(I) The Company shall be under no liability in respect of any defect in the Services arising from incorrect specifications supplied by the Buyer;
(ii) The Company shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage. negligence or abnormal working conditions;
(iii) The Company shall be under no liability under the above warranty (or any other warranty. condition or guarantee) if the total price for the Services has not been paid by the due date for payment;
(iv) The above warranty does not extend to any parts or materials not provided by the Company as part of the Services.
c) Subject as expressly provided in these Conditions and except where the Services are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977). all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
d) Where the Services are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the Buyer are not affected by these conditions.
e) The liability of the company hereunder for negligence shall be subject to the following limitations and exceptions;
(i) Unless otherwise agreed in writing the total liability of the Company to the Buyer (in addition to any liability in 6a) or of any Sub-contractor shall be limited in respect of any defect or event (or a series of events arising out of the same event) to £100,000
(ii) In no circumstances whatsoever shall the liability of the Company or any Sub-Contractor engaged by the Company include any sum in respect of loss of profit or loss of use of any vessel or damages consequent on such loss of use.
(iii) Where any damage caused by the Company's negligence would not have been caused if the Buyer had duly complied with all or any provisions of Clause 2(e) the Company shall despite such negligence be under no liability whatsoever to the Buyer under this clause
(iv) Subject to the provision of Clause 6 (a) the Company shall be under no liability whatsoever to the Buyer after the acceptance of the Services or if later the withdrawal of the Company's employees and sub-contractors.
f) The Company shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Company's obligations in relation to the Services, if the delay or failure was due to any cause beyond the Company's reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Company's reasonable control:-
(i) act of God, explosion, flood, tempest, fire or accident;(ii) war or threat of war, sabotage, insurrection, civil disturbance or requisition;(iii) acts, restrictions, regulations, bye-laws, prohibition measures of any kind on the part of any governmental, parliamentary or local authority;(iv) import or export regulations or embargoes;
(vi) difficulties in obtaining raw materials, labour, fuel, parts or machinery;
(vii) power failure or breakdown in machinery
7. Payment
a) Payment terms for the Services supplied under the contract shall be as stated in the quotation
b) If payment of the price or any part thereof is not made by the due date, the Company shall be entitled to:-
(i) charge interest on the outstanding amount at the rate of 3% above the Bank of England Base lending rate accruing daily;
(ii) suspend all Services until payment is received
8. Risk
a) All insurable risks associated with the Services will remain with the Buyer with the exception that any of the Buyers parts taken to the Company's premises (or any subcontractors premises) for repair or refurbishment shall be insured by the Company against any loss or damage howsoever arising.
9. Trials at Sea
a) The vessel shall be subject to such trials as the Buyer may specify in the Order, all such trials to be carried out at the Buyers sole risk and expense. The Company or any Sub-Contractor shall not be under any liability whatsoever for any loss damage or injury arising out of any act or default of any person in the course of such trials If during such trials a defect in the Services shall become apparent, the Company shall remedy such defect before completion of the Order.
10. Sub-Contracting of Services
a) The Company reserves the right to sub contract the fulfilment of any Order or part thereof
11. Buyer Obligations
a) The Buyer shall ensure the following:-
(i) That any vessel is in all respects safe for the Services to be performed
(ii) That any hazardous substances remaining in the vessel shall not cause injury or illness to the Company's employees or sub-contractors or react in a dangerous manner with any cleaning or other materials used in the performance of the Services.
b) The Buyer shall indemnify the Company against all claims arising wholly or partially as a result of a breach by the Buyer of the provisions of clause 12 (a).
12. Insolvency of Buyer
a) This clause applies if:
(i) the Buyer makes any voluntary agreement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an Administration Order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or
(ii) an encumbrance takes possession, or a receiver is appointed, of any of the property of the Buyer: or
(iii) the Buyer ceases or threatens to cease, to carry on business; or
(iv) the Company reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.
b) If this clause applies then without prejudice to any other right or remedy to the Company the Company shall be entitled to cancel the Services or suspend any further Services without any liability to the Company and if the Services have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement of the contrary.
c) Without prejudice to any other right or remedy of the Company, the Company shall be entitled to retain any Goods in its possession and to sell the same and apply the proceeds of the sale to the reduction of any sum due and payable to the Company by the Buyer and shall account to the Buyer for any excess in the event that the proceeds of sale exceed any sum due to the Company from the Buyer.
13. General
a) Any notice required or permitted to be given by either party to the other under these conditions shall be in writing addressed to the other party's registered office or principal place of business or such other address as may at the relevant time been notified pursuant to this provision to the party giving the notice.
b) No waiver by the Company of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision
c) If any provision of these conditions is held by any competent authority as being invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected.
d) This Contract shall be personal to the parties and shall not be capable of assignment
14. Law
The contract shall be deemed to be made in England and parties to the contract hereby submit to the jurisdiction of the English Courts. English Law shall be the proper law of the contract.
