- +971 54 760 9603
- +971 56 254 9532
- info@strivemarine.com / sales@strivemarine.com
- Monday - Friday
1. 1 The expression “SM” implies Strive Marine. The expression "Customer" implies the person, firm or company contracting for the purchase of goods from SM.
2.1 These terms and conditions of sale shall apply to all contracts for the purchase of goods/services from SM, notwithstanding any previous dealings between SM and the customer, except only to the extent (if any) of any modification in the application of these terms and conditions to which SM will have agreed in writing
3.1 Although the Customer is entitled to request SM to include a variation of the order specification, SM will agree to any such variation only if :
(a) SM determine that the variation is reasonably capable of being incorporated, having in mind the stage of manufacturing or ordering.
(b) The effect of the variation on the price and delivery are agreed in writing by the Customer. When SM determine it necessary, SM shall be entitled to vary or modify specifications of goods or materials so long as such variation or modification does not materially affect the characteristics or quality of the goods.
3.2 The cost of all and any testing required by a Classification Society prior to delivery of goods should be requested at the stage of inquiry by the Customer and unless otherwise stated, is not included in the price quoted. The cost of any testing, inspection and issuance of certificate to be agreed prior to order confirmation. Otherwise, these costs will be covered by the customer.
4.1 The delivery durations quoted by SM are in working weeks/days from the date of acceptance by SM of the Customer’s Order, or in case of prepayment, delivery time counts from the date of receipt of funds. Acceptance by SM of the Customer’s Order is conditional upon SM receiving timely from the Customer all necessary information to enable SM to proceed with the order. SM shall be entitled to deliver goods in partial shipments. SM shall not be liable for any direct or indirect loss that may arise from any shortfall in quantities (provided that the Customer shall not be charged for the shortfall in quantities of goods).
4.2 SM would not normally agree to cancellation or modification of any contract without being fully compensated for the cancellation or modification. Any cancellation or modification must be made in writing.
4.3 If the Customer fails to take delivery of goods within seven days of being notified by SM of goods’ readiness for dispatch, SM may arrange for storage of the goods, however all costs of storage, insurance and removal will be for the account of the Customer and SM will be entitled to sell any goods at any time after 30 days of notifying the Customer that the goods are ready for dispatch.
5.1 Unless otherwise specifically provided in writing, all prices quoted by SM are exclusive of (a) carriage, (b) packing and handling and (c) VAT. If the Customer shall fail to provide sufficient information to SM to enable SM to proceed with the order then SM shall be entitled to increase the price to reflect the additional cost to SM arising from insufficiency of information or delay in supplying it.
6.1 Payment terms are mentioned in quotation from SM. Depending on case by case, payment terms are changeable; varying between prepayment terms to 30/60 days credit. Whatever terms are agreed at order confirmation should be adhered to.
6.2 In the event of failure to pay on the due date (a) interest at 2% per month for the first month and 3% per month for each subsequent month shall be payable from the due date for payment until full payment of any outstanding sum due, and (b) all and any discount provided for in the order or in SM’s invoice shall be cancelled.
6.3 Ownership of goods supplied by SM shall remain with SM until full payment will have been made by the Customer to SM in respect of the goods, and the Customer shall hold the goods as readily identifiable as the goods of SM, and the Customer shall advise SM where the goods are held.
6.4 At any time after the due date for payment of goods, SM shall be entitled to recover possession of any goods for which payment shall not have been made in full and for that purpose, the Customer authorizes SM and/or its agents to enter the premises of the Customer where SM believes the goods to be held.
6.5 Notwithstanding that ownership of goods shall not have passed to the Customer SM shall be entitled to pursue the Customer by way of court action or otherwise, for payment of the goods at any time after the due date. Under normal circumstances, several notifications of overdue payment will be received in writing by the Customer, prior to any legal action being taken.
7.1 SM's liability is to supply goods/services of satisfactory quality to conform to the order. SM shall have no liability for a design or specification that is supplied to SM by the Customer. SM shall have no liability for goods not of SM's own manufacture, for the Customer shall be entitled to the benefit of all and any guarantees given to SM by the makers to the extent that such guarantees are effective and enforceable.
7.2 Unless otherwise specifically agreed in writing at order confirmation by SM, SM are unable to warrant that the goods supplied are fit for any particular purpose.SM's responsibility is to supply goods according to description and specification included or referred to in the order. In case of any claim by the customer, SM must be notified of the defect / problem within 15 days of delivery, claim is only valid with a full technical written report from a qualified engineer and should be accompanied with photos / drawings. In case there is proven fault of SM then SM shall be held liable to arrange for repair or replacement of the part, PROVIDED THAT the defective parts are promptly returned to address designated by SM to the Customer, as agreed at that time.
7.3 Without prejudice to the foregoing, generally, SM shall not be liable for any consequential or other damage, losses, claims, injuries or expenses whatever no matter how they may occur including for:
(a) Any defects caused, contributed to or aggravated by factors outside SM's control.
(b) Any costs of dismantling or re-assembly work involved in connection with defective parts.
(c) Any damage external to the goods.
(d) Any detention of any Vessel or any freight or other charges incidental to transportation.
(e) Any contractual loss or liability whether arising as a result of accident, breach of contract or otherwise.
(f) Any defect in or other failure or shortcoming of design and (h) any failure caused by factors outside its control.
7.4 Any liability that SM may have in regard to or arising out of a claim shall in any event, not exceed the price paid or payable in terms of the order concerned.
8.1 Risk in respect of goods will pass on completion of delivery of the goods, notwithstanding that ownership of the goods concerned will not pass as referred to in 6.3 above.
9.1 This Agreement shall be governed by, and be construed in accordance with, the law of the U.A.E.
9.2 Any proceedings by the Customer against SM arising out of or in connection with the contract and/or these conditions shall be subject to exclusive jurisdiction of the courts of UAE. Any proceedings by SM against the Customer may be brought in the courts of U.A.E and the customer hereby submits to the jurisdiction of the U.A.E courts, nevertheless SM will also have the right to commence proceedings in any other jurisdiction SM may consider expedient or where SM may find jurisdiction or in which country an arrest of vessel or assets may be effected.
9.3 Any claim form, notice, judgment or other legal process may be effectively served on the Customer or on any vessel owned / managed / chartered by the Customer, or on the master or anyone acting as the Master thereof , irrespective of whether the goods were supplied by SM in respect to that particular vessel.