TERMS AND CONDITIONS OF SALES AND SERVICE
All contracts Sales and Service, Repair or Maintenance of Equipment (hereinafter called the “Sale/Service”) by Marine Consultants (Trinidad) Ltd. (hereinafter called “MCL”) are made on the basis of the following terms and conditions. Any variation of these terms and conditions is inapplicable unless accepted in writing by both parties. The Customer means the person who requests the Sale/Service of product/equipment by MCL.
- Prior to the commencement of any Sale/Service, a MCL Quotation and/or a Customer’s Purchase Order must be signed by the Customer, documents must clearly describe the scope of works/sale that the Customer and MCL have agreed upon. Any variation or addition to the said quotation or purchase order must be accepted in writing by MCL.
- All quotations are valid for thirty (30) days from the date of the quotation. An extension may be granted upon request at the discretion of MCL.
- Property belonging to a Customer, which is being transported by MCL, or serviced or stored on MCL’s premises is transported, serviced and or stored at the Customer’s risk and the Customer agrees that MCL will not be subject to any claims for any loss or damage whatsoever to the said property howsoever caused
unless caused by MCL’s gross negligence and willful misconduct.
- The Customer shall pay to MCL the respective Labour Rates, Materials/Spare Parts costs, Traveling/Transport cost and Waiting Time in accordance with the
schedule of rates and prices applicable for the respective Service. These schedules are available upon request from MCL.
- A storage fee of TT$50.00 or US$8.00 per day will be charged for equipment left on MCL’s premises after two (2) weeks, upon completion of service.
- Where the schedule of rates and prices include a Minimum Charge, this will take effect if the Customer requests MCL to solely undertake an assessment of the
customer’s equipment, or if the Customer cancels a scheduled Service without giving MCL prior notice of cancellation. Notice of cancellation requires the Customer to inform MCL no less than twenty four (24) hours prior to the advised commencement of the Service. All cancellations must be provided in writing to the relevant Account Manager.
- Customers are required to give twenty four (24) hours notice in writing for cancellation of Special Orders, (prior to MCL placing the order with our suppliers) before they become fully liable for payment.
- The Customer shall inspect the Service/Product (where applicable) immediately upon completion of Service/delivery or collection of Product and shall sign the respective Service Sheet/Delivery note/Invoice, where applicable, indicating thereon if the Service/Product does not comply with any of the Contract. If the Customer fails to do this he is deemed to have accepted the Service/Product and no claims will be entertained.
- Whilst every reasonable effort shall be made to keep any Service/Delivery date, MCL will not be liable for any losses, costs, damages or expenses incurred by the Customer or any other person or Company arising directly or indirectly out of any failure to meet any estimated Service/Delivery date.
- In the event that MCL is prevented from carrying out its obligations under a contract for service/delivery of product as a result of any cause beyond its control such as but not limited to Acts of God, War, Strikes, Lock-outs, Flood and Failure of third parties to deliver Goods, MCL shall be relieved of its obligations and liabilities under such contract for service/sale for as long as such fulfillment is prevented.
- MCL will not be liable for any defective materials or goods supplied by 3rd parties and will not form the subject of any claim for work done by the Customer or for any loss, damage or expense whatsoever arising directly or indirectly from such defects.
- Until MCL has been paid in full for the Service/Sale, all materials and/or spare parts used in the Service/Sale remain the property of MCL although the risk in such materials and/or spare parts passes to the Customer at the point at which the Service/Sale begins. Until such time as payment is made in full to MCL, MCL reserves the right of disposal and shall be entitled to all rights of access to the Customer’s premises to enforce its rights hereunder.
- MCL retains the right to hold the Customer’s property until payment is made in full. The Customer will be liable for a daily rent in accordance with the schedules (available on request from MCL) for every day that the Customer’s property remains on MCL premises after the due date for payment has passed. In the event that the property remains on MCL’s premises for a period of sixty (60) days after completion of the Service/Sale without payment being made in full, MCL reserves the right to sell the Property to recover any monies due and owing. This right is in addition to and does not exclude any other remedies available to MCL. Where the money recovered upon sale of the Property exceeds that which is owed to MCL, MCL will reimburse the Customer the difference excluding any fees payable to MCL for recovering monies owed (Please refer to point 5).
- The Buyer shall inspect the Goods immediately upon delivery and shall notify MCL immediately in the case of Charts and Publications, or in writing within twenty-four (24) hours of delivery for all other Goods, if the Goods are damaged (where such damage or defect is apparent on visual inspection) or if the Goods do not comply with any of the Contract. If the Buyer fails to do this he is deemed to have accepted the Goods and no claims will be entertained. We take care to meet your requirements as specified. In the unlikely event that we supply you with goods that either differ from your order or are defective please notify us as set out in this Clause and we will gladly arrange a replacement or a cash refund.
- Where it is agreed that the Goods are to be replaced under Clause 1, the Buyer will be liable for the cost of remedying any damage to the Goods returned where such damage has, in MCL’s opinion, been caused by the Goods being inadequately repackaged by the Buyer or through the Buyers fault.
- Subject to Clause 1 MCL will not issue cash refunds and all requests for exchanges or credits must be made within five (5) working days of delivery of Goods. Such returns must be in the same condition as originally delivered and must be supported by the relative invoices or delivery notes against which the Goods were originally supplied. In addition, any Goods returned for exchange or credit will be exchanged or credited at the price originally billed less a twenty percent (20%) restocking charge. We will not accept Charts or Publications or any Goods that appear to be tampered with, used or opened.
- Where any product has been manufactured or assembled by MCL in accordance with the Buyer’s specifications and the product falls within the tolerances stated on MCL’s quotation which quotation has been agreed upon as evidenced by the customer’s signature of approval, such Goods will not be accepted for exchange or credited.
- Interest on overdue invoices shall accrue from the date when payment becomes due at two percent (2%) per month or part thereof until the date of payment. All costs associated with the collection of overdue invoices (e.g. debt collectors, legal fees, etc) will be charged to the customer.
- Please contact us immediately if you have a complaint about services/sales you purchase from MCL. You will be contacted within twenty-four (24) hours and we aim to provide a resolution within five (5) working days. All complaints will be dealt with in a fair and confidential manner.
- PAYMENT TERMS: CREDIT CUSTOMERS Within thirty (30) days of receipt of the invoice OR as per payment terms agreed upon at the discretion of MCL. NON-CREDIT CUSTOMERS Immediately upon completion of the Sale/Service OR payment in advance at the discretion of MCL.