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General terms and conditions | COTERENA
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General terms and conditions

HomeGeneral terms and conditions

 

GENERAL TERMS & CONDITIONS FOR THE SUPLLY, MOUNTING, REPAIR, INSTALLATION & WARRANTIES FOR MECHANICAL, ELECTRICAL AND ELECTRONIC PRODUCTS / DEVICES / ACCESSORIES / MERCHANDISE (COTERENA, S.L.U.)

GENERALITIES

1. The services, repairs, assemblies, works, installations, works, supply of components, equipment and systems or any other material (hereinafter Work / Service) to be executed by COTERENA, S.L.U. (hereinafter Contractor), will be governed by these General Conditions, except in everything that is expressly agreed differently in the corresponding offer or in the acceptance of the order and that constitutes the particular conditions of the same. Therefore, for all purposes, any other conditions that have not been expressly accepted by the Client (hereinafter the Owner / Client) are of no value.

PLANS AND DESCRIPTIONS

2. All plans and technical documentation relating to the Works / Services presented by one party to the other, will remain the property of the party submitting them.

3. The Owner / Client must provide, at the latest on the date of receipt, and at no cost, all information and plans necessary to allow the Constractor to put into service, operate and / or maintain the Work / Service .

WORKING CONDITIONS

4. The Shipowner / Client must provide on time all the characteristics of the facilities and equipment, as well as ensure that all the necessary conditions for assembly in the Plant are met for the proper operation of the Work / Service.

5. The Owner / Client will ensure:

a) that the Contractor’s personnel can start the work in accordance with the agreed timetable and work during the ordinary working day. The work may be developed outside of ordinary working hours to the extent that the Contractor and Owner / Client deem it necessary.

b) inform the Contractor before the start of assembly, of any relevant regulations on safety applicable at the site of the Site. The assembly can not be carried out in unhealthy or dangerous environments. All necessary safety and prevention measures must have been adopted prior to the start of the assembly work and must be maintained during the execution of the same.

c) that the Contractor’s personnel may obtain lodging and food, in conditions of adequate health and safety in the vicinity of the Site and have access to sanitary facilities and internationally acceptable medical services.

d) provide the Contractor with the necessary lifting equipment, auxiliary tools, machinery and energy supplies for the development of his professional duties. The Contractor shall specify his supply needs before the Work / service.

e) provide the Contractor with the necessary storage facilities, providing protection against theft or deterioration, the tools and equipment necessary for assembly, and the personal effects of the Contractor’s personnel.

f) that the access ways to the Site are adequate to the demands of transport, equipment and people.

g) in the case of work abroad, in case of any illness or accident that affects any member of the Contractor’s personnel, either during the execution of the Work / Service or in any other way, that requires medical attention or treatment in Hospital, the Owner / Client will ensure that the best and most appropriate medical facilities and medications are available to the Contractor’s personnel. If it is necessary to repatriate a sick, injured or deceased Contractor’s staff member, the Owner / Client will assist the Contractor in managing said repatriation in the safest and most expeditious manner.

h) that it will be considered that these general conditions have been communicated to the Owner / Client from the moment in which the latter is informed of the website where they are located or receives an offer from the Contractor indicating the existence of these general conditions. Alternatively, they will be considered as communicated if the Owner / Client received them previously in the course of their commercial relationship with the Contractor, considering in all these cases accepted by the Owner / Client, for all purposes, when placing the order.All costs incurred under this paragraph will be borne by the Owner / Client.

BREACH OF CUSTOMER / CLAIMER

6. If the Owner / Client foresees that he will be unable to comply on time with the obligations that necessarily correspond to the execution of the Works, he must notify the Contractor immediately, stating the reason and, if possible, the moment in which You will be able to fulfill your obligations.7. If the Owner / Client does not comply correctly within the period established with the obligations that necessarily correspond to the execution of the Works, the following shall apply:

a) the Contractor may choose to assume the obligations that correspond to the Owner / Client or use the services of a third party for its realization, or adopt any measures that are appropriate to avoid or alleviate the effects of the breach of the Owner / Client, assuming the Owner / Customer the costs generated by its breach.

b) The Contractor may suspend all or part of its execution of the Work / Service. The suspension must be notified immediately in writing.

c) if the execution of the Contract is delayed due to the failure of the Owner / Client to carry out the preparatory work, the latter must nevertheless make the payment of any part of the Contract Price that, if the delay had not occurred, would have expired.

RESPONSIBILITY FOR DEFECTS

8. The Contractor must correct any defect or lack of conformity resulting from dismantling and assembly faults.

9. The responsibility of the Contractor is limited to defects that appear within a period of 6 months from the delivery of the Work / Service.

10. When the defect in a part of the Work / Service has been corrected, the Contractor shall be responsible for the defects that occur in the repaired or replaced part, in the same terms and conditions that were applicable to the original Work / Service , for an equal period of time. For the remaining parts of the Work / Service, the aforementioned period will not be extended.

11. The Owner / Client must notify the Contractor without delay, any defect found. Such notification may not be made, under any circumstance, outside the term of two weeks from the completion of the Work / Service.The notification will contain a description of the defect.If the Owner / Client fails to notify the Contractor of the defect within the time limits referred to in the first paragraph of this Clause, he will lose his right to have the defect rectified.

12. The repair of the defect must be made in the place where the Work / Service is located, unless the Contractor deems it necessary for the defective part or the Work / Service to be returned for repair or replacement in its facilities.

13. If the Owner / Client has made the defect notification, and there is no defect for which the Contractor is responsible, the Contractor shall be entitled to compensation for the expenses incurred as a result of the notification made.

15. Unless otherwise agreed, the necessary transport of the Work / Service and / or its parts to and from the Contractor in order to correct the defects for which it is responsible, will be carried out at the risk and expense of the Owner / Client.

16. Unless otherwise agreed, the Shipowner / Client shall bear any additional expense incurred by the Contractor for the repair, disassembly, assembly and transportation if the Work / Service was located in a place other than the established destination.

17. Defective parts that have been replaced will be placed at the disposal of the Contractor and will be his property.

18. If, within a reasonable period of time, the Contractor does not comply with its reparation obligations, the Owner / Client may, by written notification, set a final deadline for the Contractor to comply with its obligations.If the Contractor fails to fulfill its obligations in said final term, the Owner / Client may, at the Contractor’s expense and risk, undertake to perform the necessary repairs itself or contract the services of a third party to perform them.

19. The Contractor will be responsible only for the defects that appear in the Work / Service under the usual operating conditions.

20. Except as provided above, the Contractor shall not be liable for losses due to defects. This applies to any loss that the defect may cause, including production losses, loss of profits or any other indirect losses.

21. The Contractor will not be responsible for defects in the Work / Service caused by interventions, manipulations or lighting of machinery by the Owner / Client without the presence of the Contractor or without his prior written authorization.

RESPONSIBILITY OF THE CONTRACTOR

22. In no case shall the Contractor be liable for any indirect, contingent, special, consequential or incidental damage, regardless of its cause or the circumstances of its occurrence (including, without limitation, for any loss of profits or current or anticipated income, or anticipated savings, punitive or exemplary damages, the cost of replaced equipment or service work replaced, removed or reinstalled that does not arise from the warranty set forth herein, towing charges, pollution remediation costs, docking costs, diving or underwater work, damage to any vessel, machine room or power plant, yard or any other property (including damage to property owned by the Owner / Client), damage to any equipment or property that is not component equipment or spare parts in which did the Work / Service, caused by said Work / Service, the costs of any additional test (including, sea trials) , removal of debris or loss of time or the use of any equipment, installation system, operation or service). This limitation on the liability of the Contractor shall apply to any liability for breach of the obligations of the Contractor under or in connection with the Work / Service, whether based on guarantee, lack or delay in delivery or other reason.

23. Notwithstanding any other provision of the Contract, the total liability of the Contractor under the Contract shall not exceed 30.00% of the Contract price.

24. The Contractor shall not be liable for any work performed by the Owner / Client or any third party, even if it has been performed with the assistance of the Contractor’s personnel. The Owner / Client will assume the risk of loss of his equipment and other goods in connection with the Work / Service, even if said equipment or goods are in facilities used by the Contractor.

25. The Contractor undertakes to employ quality materials and construction work according to normal practice in ship repair. Bearing in mind that the work is carried out following the instructions of the Owner, either directly or through the supervision of the Classification Society, the Contractor can not accept any responsibility for the behavior of the repaired elements and equipment, except in cases in which there is express negligence in its execution.In case of delays in receiving material necessary for the execution of the works, the Contractor may use materials and / or similar elements, with the prior authorization of the Captain or the representative of the Owner and the Classification Society.

26. The Contractor will repair in his workshops and at his expense any work or defective material provided to him in writing before removing his workers from the ship, or, at the option of the Owner / Client, he will pay a sum equal to the cost of such sanitation. in the Contractor’s workshops.

27. The obligation of point 26. above does not extend to parts not manufactured by the Contractor or its subcontractors, nor to parts that, although manufactured by the Contractor or its subcontractors, have been in accordance with prepared designs or plans. by third parties, in which case the responsibility of the Contractor is limited to the proper execution of such plans or designs.

28. The equipment or products manufactured at the Contractor’s facilities or those of its subcontractors are understood to be delivered from the moment they leave such facilities, even if the transportation is carried out on behalf of the Contractor.

29. In order for the above to be effective, the Client must be notified in order to inspect the goods or products before dispatch.30. The goods or products, once dispatched on behalf of the Contractor, will travel at the Client’s risk.

31. The goods or products supplied by the Client will travel at the risk thereof and the Contractor will not be liable for delays or inconveniences suffered by the intervention of the customs authorities or any other.

32. The Contractor is in no way obligated to discover hidden defects or deficiencies in the design of any part or equipment of the ship / item under repair. Therefore, the Contractor will not have any responsibility for the damages resulting from the repair work as a consequence of the appearance of such defects or design deficiencies.

33. In no case shall the Contractor be liable for indirect damages or damages caused by loss of time.

34. Any liability of the Contractor, except those that may be outlined in the Contractor’s Liability clauses, shall cease after the vessel has left, the removal of the Contractor’s operators from the vessel or the delivery of the elements that are the object of the work to the Client.

INSURANCE, OBLIGATIONS

35. The Shipowner / Client shall be obliged to have the vessel, crew and cargo duly insured during the repair period. If this is not the case, the Owner / Client will assume all the risks covered by the usual policies in the insurance market for this type of risk.

36. The Contractor will cover its legal liability for possible breakdowns caused by or by ships / items under repair, under insurance policy in accordance with the “Ships Repairer’s Liability Clause” coverage, with an insurer of recognized solvency, up to a limit of Two million (2,000,000) Euros.

37. Risks not covered and those expressly excluded by said policy and clauses will be borne by the Owner / Client.38. In the event that the Owner / Client wishes to extend these coverages, he must indicate this in writing, with the extra premium of his account.

39. In no case shall the Contractor be liable for damages resulting from the loss of use or loss of benefit of the vessel or element that is the object of the work.

40. If due to reasons for which the Contractor is not responsible, it becomes impossible to fully comply with the repair order, the Owner / Client must pay the Contractor the amount corresponding to the part of the work performed.

41. Any test or movement of the ship / item under repair will be carried out under the responsibility and risk of the Owner. The Contractor shall have no responsibility for the loss or damage of the Owner / Client as a result of the performance of those movements and tests.

WARRANTY

42. The Contractor will repair any defective Work / Service that appears during the warranty period. All warranty claims will be made in writing without delay, and no later than fourteen days after the discovery of such defect during the warranty period. The Owner / Client shall have the responsibility to establish that his claim is covered by this Guarantee.The execution of the repairs under this guarantee will be done according to the general conditions described.

43. The warranty period for the Works / Services starts from the delivery date and ends 180 days later. The Warranty period regarding Work / Service redone under warranty will expire after the last day on which the Work / Service under guarantee was re-established. The guarantee for the Work / Service redone will be subject to the same terms, conditions and limitations of responsibility that apply to the Work / Service originally made. Under no circumstances will the guarantee period of any Work / Service (whether original or remade) be extended beyond the established date.

44. The Contractor shall not be liable for any defect that is due to, or arising in connection with:

1) any material, spare part, component, tool, energy or software provided by the Owner / Client

2) negligence or fraud or incorrect maintenance on the part of the Owner / Client

3) parts, accessories or attachments that are not those supplied by the  Contractor in the development of the Work / Service

4) Service work, installations or incorrect alterations made by the Owner / Client

5) normal wear

6) the use of inappropriate materials or supplies by the Owner / Client

7) fluctuations in the electrical network

8) any use, service or operation of any equipment, part or component on which the Work / Service was made that is not in accordance with the manuals, instructions or specifications  provided by the Contractor, or that is not in accordance with the normal industry practices. The Contractor’s warranty obligation does not include crane service, electricity, scaffolding, berthing, diving, underwater work, towing costs, disassembly or assembly costs and travel and expenses of the personnel or representatives of the Contractor, and all costs and Expenses will be reimbursed by the Owner / Client to the Contractor when applicable. If the investigation of the Contractor’s warranty reveals that the Owner / Client does not have a warranty claim within the scope of these conditions, then the Owner / Client will be responsible for all applicable costs and expenses of said inspection, repaired components or replaced, and of any other service work.In the works or services contracted by administration in which the management of work or service is directed and responsible for the Owner / Client and therefore the making of technical decisions are the responsibility of the same, no guarantees will be assumed.In the collaborative works with technicians hired or directed by the Owner / Client or other collaborating companies contracted by the same, no guarantees will be assumed, since the technical direction is the responsibility of the Owner / Client. 

PRICE AND CONDITIONS OF PAYMENT

45. The prices of the Work / Service, both by personnel and by the use of auxiliary equipment, subcontracts, transport material, consumables, etc …, are based on unit rates. The unit rates, which are attached as an annex to the offer of the Owner / Client, are net and do not include VAT or any other tax or fee, which will be subsequently passed on to the invoice at the corresponding rates.

46. ​​Orders placed by the Owner / Client for the supply of spare parts, materials, equipment or any other material will have the fixed price indicated in the Contractor’s offer.

47. In case a number of hours has been estimated for the different activities that make up the Work / service, it is indicated that this number of hours is of an advisory nature, with actual hours actually being invoiced.

48. Prior to the start of work in the Work / Service, the form of payment between Owner / Client and Contractor will be confirmed. This may be by bank transfer to past due months, by bank draft (providing the Owner / Client your bank account number) or by means of a Promissory Note with a determined maturity (which must be less than one month from the date of the invoice). The maximum term of payment will be what is established in Law 15/2010 of July 5, where the measures to combat late payment are established, 75 days on the invoice date. Other forms of payment may be assessed, provided both parties agree.

49. The payment will be made without any deduction such as non-agreed withholdings, discounts, expenses, taxes or fees, or any other deduction.

50. In the event that the Owner / Client incurs delays in the agreed payments, the Contractor may suspend provisionally or definitively, at his election, the execution of the Work / Service agreed, without prejudice to require the Owner / Client to realization of the delayed payments and of claiming him, in his case, additional compensations for the suspension of the execution of the Work / Service

INSURANCE

51. Both the Contractor and the Owner / Client will obtain and maintain comprehensive insurance coverage to protect the property and personnel of each one, at their own expense.

ASSIGNMENT

52. Neither party may assign the Contract to a third party. The Contractor may, however, after notifying the Shipowner / Client, subcontract the performance of the repair to a third party. The Owner / Client must be informed of the identity of the subcontractor.

EMERGING LOSSES53. Except as otherwise provided in these General Conditions, there shall be no liability for any of the parties with respect to the other for loss of production, loss of profit, loss of use, loss of contracts, or any other emerging or indirect loss.

TARIFFS, TAXES AND CHARGES

54. The Shipowner / Client will pay, when applicable, all tariffs, withholding taxes and other taxes, customs duties and charges and fees of a classification and inspection company. All such documentation or approval required by applicable laws, and any applicable modifications to said laws, shall be the responsibility of, and paid by, the Owner / Client.

LITIGATION AND APPLICABLE LEGISLATION

55. Any litigation arising in connection with the Contract will be finally resolved under the Arbitration Rules of the Chamber of Commerce of Vigo, Spain, by one or more arbitrators appointed in accordance with the aforementioned rules.

56. The Contract will be governed by the substantive Law of the Contractor’s country.