SUPPLIER’S LIMITED WARRANTY

General Conditions of Sale
Quotations / Offers
Prices
Payment Trems
Ownership
Delivery Terms
Postage / Freight
Supplier´s Limited Warranty
Legal Obligations
Applicable Law and Jurisdiction

General Conditions of Sale:

The GCS are applicable to all transactions with reseller or commercial partners hereby knows as "client". Any divergent terms or additional terms are only valid when confirmed in writing by NAVALIS. Our scope of supply and pricing only becomes legally binding at the time you either receive an order confirmation from us or the goods. Any additional agreements are only binding if confirmed by NAVALIS in writing. In the event of one of the clauses becoming invalid the other clauses are not affected..

Quotations / Offers:

Quotations are subject to change without notice unless stated otherwise. Orders received are only legally binding upon receipt of an Order Confirmation by NAVALIS.

Prices:

All prices are in Euro and are inclusive of value added tax. Where legally required, the VAT rate applicable at the time of invoicing will be invoiced accordingly. Prices are those relevant at the time of order placement. If the delivery time is more than 8 weeks, the prices at time of delivery may be used. Unless otherwise specified, our prices are ex-works in Alfter, Germany.

Payment Terms:

All payments are due within the time period specified. Unless otherwise agree upon, the payment must be made within 30 days of the invoice date. Payments must be made in full and in cash and only to one of our accounts specified, or to a third party if and only if that third party has been explicitly nominated by us. Cheques, IMO's may be accepted as may other forms of payment but only upon prior approval by NAVALIS. Any cost incurred in any financial transaction are to the expense of the client, and must where necessary be reimbursed. It is not permitted to withhold an invoice or part of the same unless the justified withholding right explicitly refers to the invoice concerned. Nor is it permitted to offset other pending monetary transactions against such an amount or part of unless the claim in question has been approved by a court of law. We are entitled to offset withheld amounts with collateral. If a client is partially or in whole in arrears with his payments he is, irrespective of other rights, eligible to payment of an interest charge, 6% above the prevailing base lending rate. If a client stops his payment, declares bankruptcy or otherwise does not honour our demands the full amount will immediately be payable inclusive of all arrears and interest charges incurred thereon. The same is valid in the case of a significant deterioration of the economic situation or an apparent insecure foundation of the client. In these cases we withhold the right to demand an advance payment or other comparable collateral prior to the delivery of the goods. First time customers are subject to advance payment only.

Ownership:

The merchandise remains in our possession until all contractual aspects due NAVALIS are fulfilled, even if the merchandise itself has been paid for. The pawning of, or the use of merchandise still owned by NAVALIS as collateral is not permitted. In the event of the merchandise having been resold to a third party, the client automatically passes on the claim to his customers to NAVALIS until such time as all settlements have been made. The relinquishing of the claim without additional explanations. The client is obliged to inform us of such an events and must produce invoices or other legally binding documentation upon request. All costs incurred are to the account of the client. If a client is in arrears for more than ten days, or if a client does not honour cheques or other financial transactions or if the client is otherwise unable to settle in full, we are entitled to withhold any merchandise legally in the ownership of NAVALIS; similarly we are entitled to immediately lay claim on said merchandise. The client is obliged to facilitate access to NAVALIS owned merchandise. The client permit us, or or of our nominees, to have access to his office premises during normal business hours. The demand for or the handing over of merchandise does not constitute the cancellation of the contract. We are entitled to make use of the withheld merchandise in any ordinary business sense, and in such a way so as to maximise the amount in order to satisfy our claim in full or in part. If the value of the goods withheld exceeds the open amount by more than 20% the client may request us to free any excess merchandise exceeding the amount in question As long as the merchandise in owned by NAVALIS, i.e. until all settlements have been made, the client is obliged to store and handle the merchandise in an appropriate fashion, to protect it against water and fire and to insure it against all risk at the full value of the merchandise. The insurance policy is to specifically state that it includes third party property stored on the clients location.

Delivery Terms:

Delivery times are only deemed binding once explicitly confirmed by us. The time of delivery start on the day that all technical and commercial detail have been agreed upon between the client an NAVALIS. Delivery times are met if the goods are dispatched on or before the days specified. If the delivery or the collection of the goods is delayed for reasons which are beyond our control, then delivery times are also deemed as having been met if the client is advised of the "ready-to-ship" status of the merchandise within the stated delivery time. If the delivery times cannot be met due to reasons such as war, mobilisation, civil war or unrest, strike, lock-out, bankruptcy or other similarly reasons that we or our supplier has no control over, then the delivery times can be extended accordingly to incorporate this delay. In such a case, both the client and NAVALIS are entitled to step down for the order after a period of one month. If a delivery delay is proven to have been the fault of NAVALIS the client is entitled to put in a claim for damages causes. These damages are evaluated weekly and can result in a claim of between 0,5% and 4% of the value of the merchandise not delivered on time. If the cause of a delivery delay is due to the client we are similarly entitled to claim from the client any damages this may have caused. The right of the client to step back from an order after non-compliance of NAVALIS within an adequate warning time is not affected. Part shipments are permissible unless this is against the interest of the client. In the case of customised merchandise or goods imprinted to the clients specifications, the client must accept an under- or oversupply of up to 10% of the quantity ordered for technical reasons.

Postage / Freight:

Even if freight-free delivery terms have been agreed upon, the shipment is at the risk and of the client. If there is a delay due to the client in the dispatch of the goods, the goods will be dispatched at a later than specified date, whereby the time frame between the initially advised delivery time and the actual delivery time is at the cost and at the risk of the client. Unless otherwise requested by the client, the prices do not include insurance, be it against theft, accident, transport, fire or other cause. Our delivery is ex warehouse NAVALIS, Alfter, (near Bonn), Germany.

SUPPLIER'S LIMITED WARRANTY:

This warranty applies to equipment supplied by NAVALIS Marine Technology, registered under the address: Eichenweg 15, 53347 Alfter, Germany, hereafter referred to as “Navalis”. Navalis warrants the equipment to be free from defects in material for a period of two (2) years from the date of shipment of the equipment to the customer or end user of the product/s.

Any parts will be either replaced or repaired free of charge if there is sufficient proof that the cause of breakage during the period of the warranty is due to defect in the material or manufacturing. Any parts replaced will become the property of Navalis. Dissembling and reassembling costs will be charged to the customer.

In every instance where an original supplier’s guarantee or warranty exists (i.e.: engines, pumps, motors, etc.) the liability of Navalis shall not exceed the duration or conditions of the original supplier’s guarantee or warranty.

As a condition of this warranty, the customer shall promptly notify Navalis, in writing, specifically describing the part alleged to be defective and the specific manner in which it is alleged to be defective. Upon request of Navalis, the customer shall ship said part to Navalis at the address specified, all carriage and freight costs prepaid, for inspection by Navalis and the original supplier or manufacturer, as applicable.

Navalis’ obligation under this warranty, upon determination that such defectiveness did in fact exist within the warranty period provided, shall be limited to either repairing or replacing said defective part, in its sole discretion, but in no event shall it be responsible for any other charges or costs incurred by the customer in the replacement or repair of the defective part.

Examples of specific consumable items not covered by this warranty are parts made from leather, rubber, wood or glass; all cutting components; cables; conveyor belting; hoses; and any material subject to corrosion. Proper maintenance of these parts and equipment its the responsibility of the customer, per the verbal and written maintenance instructions provided by Navalis, as requested.

Navalis’ liability does no extend to any condition caused by or arriving from neglect; misuse or abnormal use in any manner; or caused by an accident, sabotage or force majeure; or from failure to properly maintain and service the product or regularly inspect it; or where it has been modified or altered in any way to affect the stability or reliability of the equipment.

This warranty is expressly in lieu of all other warranties expressed, implied or statutory in origin, including any implied warranty of merchantability or fitness on the part of Navalis. No representative or agent of Navalis has the authority to change the terms of this warranty in any manner whatsoever. No assistance by Navalis or its representatives or agents in the repair or operation of the products covered by this agreement shall constitute a waiver to this warranty, nor shall such assistance extend or revive it.

Any claims against this warranty will be denied if repairs are carried out by any unauthorised repair person, or if a machine is sold to a third party without the consent of Navalis. Pending warranty claims do not entitle the buyer to delay payments due and owing to Navalis or any of its sales representatives or agents.

Warranty claims should be submitted to: Eichenweg 15, 53347 Alfter, Germany, phone: +49-228-7480100; fax: +49-228-7480101; Email: info@navalis.de or ghana@navalis.de

Legal Obligations:

NAVALIS shall be liable for delivery according to contract only within the limits of its obligations under warranty. Any further liability for direct and/or indirect loss or damage, such as (but not limited to) loss of profit and/or any third-party claim that may arise out of non-performance of NAVALIS duties under the contract, or out of the use, operation, or unserviceability of the products supplied by NAVALIS, is hereby expressly excluded, inclusive of any liability for consequential damages. The limitations of liability as set forth above shall not apply to gross negligence by LHS, nor where the law of the land requires otherwise.

Applicable Law and Jurisdiction:

This contract shall be governed by and interpreted in accordance with German law. The legal venue for NAVALIS shall be Bonn, Germany.

NAVALIS 1997 – These pages are just meant for the curious and are in no way legally binding.