This Terms of Service was last updated on September 1, 2021.
In these terms and conditions, the following definitions shall apply:
a. Contractor: the company Sea Lux Ltd. with principal place of business in Limassol, Cyprus.
b. Client: any natural or legal person who uses the services of the contractor in the field of ship management.
c. Ship management: technical, financial, security and personnel management of sea and/or inland waterway vessels.
a. These general terms and conditions apply to all agreements that the supplier with a client closes: offers, orders, services in the field of ship management, agreements of sale, lease, including execution of work and deliveries. That derogation is only possible if agreed expressly and in writing.
b. The client with who once on these terms was contracted of tacit to the applicability thereof, on a later agreement with the contractor to agree.
c. Any terms and conditions of the client are not applicable and are expressly rejected by the contractor.
d. If any provision of these terms and conditions is null and void or is destroyed, the other provisions of these terms remain in full force and effect and the parties will discuss new provisions to be agreed, as far as possible the purpose and intent of the invalid provision will be taken or destroyed.
a. The agreement is concluded for an unlimited period, unless the content, nature or scope of the engagement that this for a definite period.
b. An agreement with the contractor comes will only become effective after written confirmation of the contract by the contractor.
c. For activities for which, by their nature and extent no quotation or order confirmation is sent, the invoice will be considered as order confirmation, which is supposed to display the agreement correctly and completely.
d. The supplier is entitled at or after the agreement, before (below) to perform, to require both the client’s security in payment as to other obligations will be.
a. The contractor determines the way in which the command is executed and by whom is conferred. The suppliers can the composition of the team of staff change, if it deems necessary for the proper performance of the contract. Such a change can only take place at the request of the client, if and in so far as by the desired change in the opinion of contractor the quality and/or the continuity of the implementation are not affected.
b. Loss of staff employed by the contractor before the agreement between the contractor and the client has come to an end, in writing to the contractor by the customer must be reported. As long as the cost in writing such loss is not reported for the deployment of these employees by shall be borne by the customer.
a. The principal shall the vessels, premises, implements and tools in which or with which he labors, to establish and maintain in such a way as well as to carry out such measures and labor to provide instructions as reasonably necessary to prevent employees employed by the contractor in the performance of their duties.
b. The client is liable to the contractor liable for and as a result is called upon to make good the damage suffered by the employee in the performance of his work suffers.
c. The principal shall both contractors as the formal employer of the employee at all times to indemnify the contractor against claims, or the formal employer set because of the failure by the principal of the obligations laid down in paragraph 1 of this article.
d. The client is obliged to take care of sufficient liability insurance, total covering for all direct and indirect damage mean this article.
e. The client is obliged to take care of an adequate and total covering P & I insurance for the ship or the ships for which the contractor with a ship management agreement is closed.
a. The supplier sends monthly invoices.
b. The client must there to ensure that the invoices of the supplier, without any discount or set-off, deduction, within 14 days after the invoice date, unless explicitly agreed otherwise in writing.
c. Direct payments to the contractor working exclusively for the client liberating. In the event of late or not full payment by the customer, of any amounts due by him, is this as of the due date of the invoice in default by operation of law. From that point on, the client is also a default interest of 1% per month, a part of a month for an entire month counting, on the gross invoiced amount payable to the contractor.
d. To make all judicial and extrajudicial costs, including the costs of legal assistance, that the supplier must make as a result of failure to comply with the payment obligations by the client, shall be borne by the client. The extrajudicial collection costs of the supplier, be on the amount to be collected, to calculate, with a minimum of € 250, =, set at least 15% of the principal.
e. Complaints not the right to refuse payment client, to postpone or set off.
f. In case of a joint command given, are the principals jointly connected for payment of the invoiced amounts.
a. The supplier is, nor towards the principal, vis-à-vis third parties, nor be liable for any damages as a result of the (execution) of the agreed activities, unless intent or gross negligence on the part of the supplier, which is identified as conditional intent not on purpose.
b. The supplier is, whether or not there is intent or gross negligence on her side, or of her subordinates, never, nor towards the other party, nor vis-à-vis third parties be liable for consequential, indirect damages, delay damages, business interruption, lost profits, or damages in the form of non-material damage. The contractor has accepted the liability is limited to cases of personal injury and/or property damage as a result of intent or gross negligence.
c. Any liability of the supplier for any direct damage is in any case, per event, limited to 50% of the to the point where the harmful event occurred, or invoiced by the supplier to invoice amount, with a maximum of € 10,000.
d. In any case, the client shall indemnify the supplier against any claims of the labor force or third parties, for compensation for damage as meant in paragraph a. of this article suffered by those workers or third parties.
e. The contractor shall at all times have the right, if and in so far as possible, any damage of the client. Also included is the right of the contractor to take measures that can prevent or limit any damage.
a. The contract shall be governed by the Cypriot law.
b. With regard to all disputes between the parties relating to or arising from the agreement to which these conditions apply, only a court in the Republic of Cyprus have jurisdiction.