for check, maintenance, repair of engines – sale of spare parts – engines
1. General Terms
1.1 The services for estimation, checks, disassembly, assembly, supervision, investigation, sale of spare parts, sale of engines, modernization of engines, transportations that our company performs are governed by the following terms and conditions, which are posted in our website. The customer knows them and accepts them unreservedly.
1.2 Each economic offer, technical report on time or subsequent, written or oral, will be valid, if there is a written agreement of our company. Every additional service offer – briefing, if it is not answered in a negative way or it is not negotiated within ten (10) days since the date that our company has sent it, our company will consider that it is accepted by the customer.
1.3 The contract between our company and the customer will be considered as the only one concluded, at the date and time of its written acceptance by our company. Any change or modification in the contract by both, our company and the other party, must be confirmed in writing.
1.4 Our company commits to make as many evaluations or offers as has given in writing and has received the corresponding written acceptance, taking into account the temporal and financial validity of the evaluations – offers.
1.5 The responsibility for any misunderstandings that may arise from our written or oral or telephone information, lies solely to the customer.
1.6 Assignment of rights and obligations of the customer arising from the concluded contract, cannot be assigned to a third party without the prior written consent of our company.
1.7 Our company reserves the right to carry out inspections, tests as well as to request their execution from the other party, if differences arise during the execution of the contract.
1.8 If the degree of difficulty is greater than originally estimated, then the cost cannot be increased by more than 20% financially and in time and it will be borne by the customer after having been notified and agreed in writing.
1.9 For the goods for sale and the parts of the engines that are inspected, the transportation from and to the place where the works are performed, with own means of the company or with means of third parties, are handled with responsibility and on behalf of the customer.
1.10 Insurance of the transported parts of the engines or spare parts or new spare parts, will be provided only in the case of a written request by the customer and a written acceptance by our company.
1.11 The contract will be deemed to have been completed when the parts of the engine or the engine being repaired is transported to its place of installation and it is put into operation. As for the spare parts, the contract is considered executed when they are received from the headquarters of our company, or they have been installed to the engine, whether it is at the vessel or in our premises.
2. Terms of payment
2.1 Works
2.1.1 Terms of labor payment: The customer is obliged to prepay to our company 50% of the budgeted cost of works, up to the day of the works’ beginning and the remaining amount upon completion of the works, unless otherwise specified in our offer.
2.1.2 The payment of the works cannot exceed thirty (30) calendar days, from the date of the invoice issuance.
2.1.3 If the repair works are carried out outside the prefecture of Attica, costs for travel, accommodation, alimentation and anything else that may be required for the transition of our staff, are borne by the customer.
2.1.4 If the payment of works is not performed on time, then our company reserves the right to charge the customer with overdue interests, up to the termination of the contract and to claim payment for all the works performed until then.
2.1.5 For invoices issued by our company and sent to the customer and we have not received a written refusal within ten (10) working days, it is considered that they are accepted by the customer.
2.2 Spare parts
2.2.1 Every offer for the sale of spare parts, will be executed upon its written acceptance.
2.2.2 Terms of payment of the spare parts: The customer is obliged to prepay 100% of the cost of the spare parts, unless it is otherwise specified. As payment’s date for the execution of the order, is the date of the receipt of the deposit of the prepayment.
2.2.3 The delivery time of spare parts that our company offers, is the same time we receive from the manufacturing company. For any other alteration or delay, our company has no responsibility.
2.3 Return of spare parts
2.3.1 Returns are accepted if the spare parts were sold from the stock of the warehouse that our company maintains.
2.3.2 Returns of spare parts are accepted when accompanied by delivery note within one (1) month from the date of purchase and provided that the original packaging of the spare part is in excellent condition, and it has not been used.
2.3.3 Returns are not accepted for spare parts that our company did not keep in stock at the time that the customer placed the order and they were ordered to the manufacturer, on behalf of the customer and this has been mentioned in our offer.
2.3.4 Engines and spare parts of the following categories cannot be returned: a) electrical and electronic parts of engines, b) gaskets, c) o’ rings, d) lubricants, e) antifreezes of engines and gear boxes.
3. Warranties
3.1 Our company offers for every work that performs, warranty of good execution of works for six (6) months or five hundred (500) operation hours, whichever expires first, starting from the delivery of works, which are defined by sea trial performance with operation parameters recording (digital or handwritten) of the propulsion engines, without remarks and only if payment has been performed on time.
3.2 Our company offers for each spare part that it supplies and installs itself at the engine, a two (2) years warranty, apart from the electrical and electronic spare parts, for which the warranty is one (1) year. For every spare part that our company supplies but does not install, the warranty is limited to one (1) year, except for the electrical and electronic spare parts, which are not covered by warranty. For spare parts that our company supplies, which will remain in stock, we do not offer any warranty, if we are not aware for how long they will remain in stock (warranty can be offered after customer’s request and at a cost after the manufacturer’s notification).
3.3 The warranties offered, do not apply in the following cases: a) different use from that provided by the manufacturer, b) use of unsuitable materials, c) improper handling, d) change of ownership, e) modification of the installation, f) installation of other components or mechanisms. In addition, the warranty does not apply, if during the warranty period, there is intervention of another workshop or amount of budgeted works and spare parts is pending for payment.
3.4 Our company undertakes to restore within a reasonable period of time, depending on the type of damage that will occur within the warranty period, with on-site intervention of our technicians, or to transfer the part to our workshop. In no case, our company does not undertake any other additional costs that may be occurred such as cranes for transportations, extraction and repositioning of engine to the vessel, hauling out or launching at a shipyard, towing costs, extraction and repositioning of a generator at the point of operation and anything else than what we have previously described, and which are customer’s responsibility.
3.5 Warranty for new engines: Our company transfers to the customer exactly the warranty with terms and conditions that it receives on a case-by-case basis by the manufacturing factory.
3.6 If any repair under the offered warranty by our company, is carried out by a third party, our company reserves the right to request the replaced parts to be sent to our headquarters, by the most economical way. These costs are borne by the customer and which our company will pay to him. The replaced parts become property of our company.
3.7 The warranty for spare parts supplied or performed works does not apply in war zones, revolts, strikes, embargoes, conflagrations, floods, natural disasters, vandalisms, sabotage, invasions, national crisis, piracy, hijacking.
4. Other terms & conditions
4.1 For works performed by our company outside our premises, the customer is obliged to provide all facilities for access, transportation of parts, power supply, water supply and all the requested documents for the issuance of a works’ permission.
4.2 If costs of packaging, box construction and any mean deemed to be taken for the safe transportation of the parts, components, engine, spare parts, are required, they are borne by the customer.
4.3 The customer undertakes responsibility for any loss or damage of the engines’ parts, the engine, the repaired spare parts or the new ones, from the moment of loading of the above for their transportation to our premises and from the premises of our company to the delivery point, which is set by the customer.
4.4 If for reasons concerning the customer, the repaired engine is not put into operation or the repaired parts are not repositioned to the engine, for the time that they remain at the customer’s premises, the customer undertakes responsibility for the maintenance, protection and good condition of the parts. If the engine or parts of the engine remain in our premises for a period of more than two (2) months from the expiration of the contract, they will be recycled/destroyed unless there is a written agreement between our company and the customer for parts’ storage. The customer will be charged with the corresponding storage costs, defined by our company. Necessary assumption for parts’ storage for more than two (2) months, is the written request of the customer. Storing cannot exceed six (6) months from the expiration of the initial contract.
4.5 If our company for a serious reason or due to force majeure, fails to meet the schedule of completion of works or delivery of the spare parts, the customer is obliged to offer a reasonable extension of the agreed time.
4.6 If the customer terminates the contract at his own decision for his own reasons, the termination will be considered valid after the payoff of the works performed until then and the payoff of the delivered spare parts by the date of termination.
4.7 In any case that our company either for a serious reason, which must be documented, or the customer for his own reasons terminates the contract, our company does not accept to compensate positive and consequential losses that the customer may claim.
4.8 If the customer will choose a different workshop to repair the damage, this repairer must be approved by our company and the cost that our company must pay, must be equivalent to the restoration cost of damage if this was performed by our company and this cost will be paid after the relevant documents are issued.
4.9 If our company confirms that has used a spare part that was defective or failed in part of its operations and despite the correct use of the engine or the component, this caused damage, the damage will be restored within a reasonable time with our company’s expenses and at the premises of our company.
4.10 The customer is obliged to inform immediately our company about any malfunction or interruption of engine’s operation. If a technician or technicians other than our technicians use or intervene, we are released from any liability, because after the intervention of third parties, we cannot assess – determinate the cause and extent of the damage.
4.11 For serious negligence during the repairs, our company is responsible up to a maximum of 400.000,00 € per case, and it does not undertake any other damage that may be caused by non-use of the engine and loss of revenue.
4.12 The company reserves the right to make any changes to the terms of the contracts, at any time it deems necessary, respecting the previous contracts that have been signed, which are valid as they are.
4.13 The place of contract is the prefecture of Attica and for the resolution of any dispute, the courts of Piraeus are competent.
4.14 The customer declares that after reading these terms, he accepts them unconditionally in full, as well as that he explicitly, irrevocably and unreservedly acknowledges that they govern all the services provided by our company ANAXAGORAS LTD, throughout the duration of the contract and our transactions.
