TERMS AND CONDITIONS

 
 

With any proposal, quotation, or contract from DEKC Maritime, we explicitly reject all previous terms and conditions that are proposed by the contract parties. These shall be replaced by the following:

Legal sequence of documents

  1. Proposal, Order Confirmation or Contract

  2. Terms and Conditions

  3. DNR 2011, first revision July 2013

Inclusions

  1. All computer time and other direct office costs for work performed at the DEKC Maritime office.

  2. Project coordination at DEKC Maritime office for the engineering as described.

  3. Documents and drawings will be delivered digitally, in a format to be agreed upon. Drawings can be delivered on CD-ROM in DXF/DWG format if so requested when all engineering for this project has been completed at DEKC Maritime.

Exclusions

  1. All taxes.

  2. Fees for Classification Society and Authorities (above the enclosed scope.

  3. (Cost of) Advice of third parties (above the enclosed scope).

  4. Travel and lodging costs (above the enclosed scope

  5. All other items, services, documents, models, or information in whatever sense or form, not explicitly named as a part of our deliveries.

Assumptions

  1. When deemed necessary, DEKC Maritime may require additional information to complete its tasks or scope of supply as described herein. The client shall supply this information in accordance with the engineering schedule as agreed upon by parties.

  2. All dimensions will be metric, European technical standards will be used.

Project Management

DEKC Maritime will appoint a project manager to coordinate the tasks within the scope of work. He will guard the planning and progress of the work as subcontracted to DEKC Maritime, coordinate the information requirement and will maintain communication with the Client.

The Client is expected to appoint a qualified project manager, who will liaise with DEKC Maritime’s project manager. It is assumed that the Client’s project manager will be present at DEKC Maritime’s office on a regular basis, to coordinate and discuss design items. When deemed necessary, additional project meetings at the Client’s premises may be held. This also applies for meetings with 3rd parties.

Approval of Drawings

Drawings will be send to the Client for approval and revisions as result of remarks within the scope of supply will be carried out. A second round of remarks from Surveyor and/or Client is included, as long as they are within the scope of supply and subject to what is stated in the paragraph “Alterations”. DEKC Maritime will give utmost attention to the delivery of error-free documents. Client will approve the documents within a period of three weeks. In the event of errors or omissions, DEKC Maritime will supply Client with corrected documents as soon as possible. Either after the receipt of the approval of Client or after the expiry of the three week period, the documents as supplied are deemed final and approved. After this approval of the documents, DEKC Maritime will not accept any claims and/or liability for errors in the documents and or damages resulting from use of the documents.

Required information

DEKC Maritime adheres to a stringent policy towards alterations and progress monitoring. By doing so most miscommunications and delays in the project can be avoided.

Start and progress of design and engineering is depending on the information flow between both the Client and DEKC Maritime. Lack of essential technical information does have major impact on the engineering process and will affect the engineering schedule. It will lead to delay and/or extra costs due to idle hours or the need for extra engineering capacity in a later stage. These delay and costs will be on the account of the Client.

Alterations

Major modifications (changes of design) which incorporate a change of the initial main dimensions, principal layout of the steel structure, change of tank arrangement, change of major equipment (make as well as position), etc. and modifications submitted when the generation of the detail engineering and/or production information has started will be held subject by DEKC Maritime to changes in the schedule and/or charging of any extra incurred costs.

If resubmittal of any drawing is demanded by an Authority or by Class, alterations resulting from this resubmittal will be made to the drawing. In case this resubmittal is the result of major modifications by Client, errors or omissions in information or drawings submitted to DEKC Maritime as basis for the engineering or changes in information as stated in the Information Requirement Scheme, this can be regarded as extra work.

Change Orders

Change orders, should they occur, will be promptly reported to the client by the project manager of DEKC Maritime. Work related to a change order will not commence unless prior notification is done by DEKC Maritime and consent in writing has been given by the Client. Planning and progress monitoring will be performed for this change order as per the works within the regular scope of work.

Payment terms

Based on the covering payment schedule. Engineering activities will start after receipt of initial payment. Final documents will be delivered after receipt of the final payment. Change orders shall be charged on a two weekly period. All payments shall be done within 30 days after date of invoice. Delay in payment can have impact on the engineering process and planning.

Principal office and subcontracting

The work shall in principal be performed at the office of DEKC Maritime in Groningen, the Netherlands. However, if the time schedule or the work thus so requires DEKC Maritime may choose to subcontract part of the work. At any time during the work, DEKC Maritime shall remain main contractor of the work and will adhere to rights and responsibilities forthcoming of the work and as bound by contract, conditions as stipulated in the “DNR 2011” and Dutch law. Any communication regarding subcontracted work shall be administered by DEKC Maritime.

Copyright and royalty fees

All information and intellectual data, in whatever sense or form, produced within or resulting from the specified scope of work remains the sole property of DEKC Maritime upon signing this contract, DEKC Maritime grants the use of the information as produced within the scope of the contract for the building of one object or vessel.

For subsequent use of this information for the building of a second and further units DEKC Maritime will charge a royalty fee of 10% of the contract sum or agreed otherwise. In return for this fee DEKC Maritime will provide the Client with a new set of information altered to the new yard number and yard name if appropriate.

Applicable law and jurisdiction

Dutch law will prevail our conditions at all times if these prove to be indecisive or contradictory. Any disputes or claims resulting from the works will be settled in the court of law at Groningen, Netherlands.

 

DNR 2011

In addition to the above, the conditions stipulated in “DNR 2011, first revision July 2013, the legal relationship Client, architect, engineer and consultant”, as deposited at the Record Office of the District Court at The Hague, will be in force for all orders accepted by us.