1. All MARICHEM MARIGASES terms and conditions are valid for all sales of goods (including the supply of gas cylinders), fire, rescue and safety (FRS) services and refrigeration/air-conditioning/heating products & services from MARICHEM MARIGASES and their authorized distributors, agents, sub-contractors or representatives (herein after called MARICHEM MARIGASES).
2. By ordering or accepting delivery of goods or services supplied by MARICHEM MARIGASES, it is constituted that the customer has accepted MARICHEM MARIGASES terms and conditions and expressed exclusion of the customer’s conditions of In case an order is placed by a customer for and on behalf of a vessel, her master, her owners, the contract of sale is deemed to be concluded with all the above parties. In case an order is placed by a customer as agent for a principal, disclosed or not, such customer is liable jointly and severely with such principal for payment of all amounts due and the performance of all obligations under these conditions.
3. The purchase price for the goods is specified according to MARICHEM MARIGASES worldwide price list which is in force at the time and place of delivery. For all deliveries, the International Chamber of Commerce (ICC) - Incoterms 2010 or its later modifications published and any specific product delivery conditions stated on MARICHEM MARIGASES quotation or order confirmation shall apply to all purchases/deliveries made hereunder.
4. Prices may change in case of severe increases in costs due to economic factors, such as the Euro / US Dollar exchange rate fluctuations, unforeseen changes in transportation expenses and /or increases in the oil prices. Furthermore, environmental concerns may lead to regular refrigerant cost fluctuation, hence MARICHEM MARIGASES reserves the right to review the prices offered at any time and as many times needed.
5. In ports where certain pandemic regulations, in the form of locally applied restrictions, impede MARICHEM MARIGASES representatives from obtaining a signed and stamped DN upon delivery of order at the assigned location, MARICHEM MARIGASES will seek a confirmation of delivery by e-mail from the customer. In case the same is not received within 3 (three) days after MARICHEM MARIGASES’s request, then MARICHEM MARIGASES reserves the right to stamp the DN and add the following note on it “Signature was not possible to obtain from vessel due to Covid-19 restrictions”. This document will serve as sufficient proof of delivery and will be sent along with the invoice to the Customer, who will arrange for payment as per agreed with MARICHEM MARIGASES payment terms. In case the Customer disagrees with the above procedure, they must inform MARICHEM MARIGASES in written upon order confirmation.
6. The customer must pay the value of the invoices issued by MARICHEM MARIGASES within the agreed with each customer credit period, which is also mentioned on each of the invoices, otherwise MARICHEM MARIGASES shall claim and recover full compensation for the full amount of overdue payment, the legal interest on all overdue payment, collection costs, expenses in and out of court, as well as all legal costs and expenses.
7. When orders are placed on behalf of a customer by an agent, then the agent is considered to be a party of the agreement and will be considered liable with the customer for the settlements of the amounts and the general compliance of all obligations of the customer under the agreement.
8. When MARICHEM MARIGASES receives full payment for the purchased goods, their title passes to the customer. If MARICHEM MARIGASES does not receive payment within the agreed with the customer credit period from the date of invoice, MARICHEM MARIGASES has the right to retake possession of the goods and the gas cylinders without any court order or any other process of law. MARICHEM MARIGASES hereby is granted by the customer the permission to enter on board its vessel, or its premises and retake possession of such goods or cylinders. The customer is obliged to assist MARICHEM MARIGASES in retaking possession. MARICHEM MARIGASES will also claim and recover all costs and expenses incurred for this procedure.
9. In case the customer has undertaken the obligation to pay fees to MARICHEM MARIGASES prior to the delivery of goods, but payment has not been received, MARICHEM MARIGASES reserves the right to deny delivery until full settlement has been done.
10. MARICHEM MARIGASES retains the ownership to the gas cylinders while they are in the customer’s possession. The customer may transfer the title of the gas cylinders to any third party after the payment of the deposit and the removal of MARICHEM MARIGASES trade name from the cylinders. In this case, the customer has no claim for deposit refund from MARICHEM MARIGASES.
11. For the gas cylinders, the customer shall initially pay a deposit according to MARICHEM MARIGASES worldwide price list, which will be refunded if the cylinder is returned. In addition to the above, returned cylinders should be in a good condition and for safety reasons will always be considered as empty. MARICHEM MARIGASES credits the deposit of the returned gas cylinders only in case they have been purchased by MARICHEM MARIGASES. For the gas cylinders which are not purchased from MARICHEM MARIGASES, the customer shall reach an agreement with MARICHEM MARIGASES, so as to confirm its acceptance for the collection, as well as the price of the gas. All refunds will be in the form of a credit note only.
12. MARICHEM MARIGASES cylinders can be returned to any of the company’s stock points. MARICHEM MARIGASES accepts to collect cylinders only if they are MARICHEM MARIGASES or of the same standards and connections:
Oxygen: Either BS5045 or DOT 3AA or UN/ISO 9809
Acetylene: Either BS5045 or BS 6061 or UN/ISO 9809
Nitrogen: Either BS5045 or DOT 3AA or UN/ISO 9809
Argon: Either BS5045 or DOT 3AA or UN/ISO 9809
Refrigerant: DOT/1CC/4B/4BA/4BW300/4BW400
+EN13322-1:2003+A1:2006/ (Joint Effic.) J=0.9 + Directive 2010/35/UE (TPED) + ADR/RID2019
MARICHEM MARIGASES does not accept delivery or collection of any other type of cylinders.
13. Following Gas cylinders deliveries are possible:
a. If a customer orders a supply of gas on an Exchange Basis, e. when the number of supplied and returned cylinder bodies is equal, the customer shall be charged only the cylinder content.
b. If a customer orders a supply of gas with Short Returns, e. when the number of supplied cylinders exceeds the number of returned cylinders, the customer shall be charged MARICHEM MARIGASES price list value for the excess cylinder bodies.
c. If a customer orders a supply with Over-Returns, i.e. when the number of returned cylinders exceeds the number of supplied cylinders and the excess cylinder bodies:
14. The goods and gas cylinders shall be in conformity with the information given in MARICHEM MARIGASES Product Catalogue, Manual, Guide or other informative leaflet provided by MARICHEM MARICHEM MARIGASES reserves the right to amend the Product Catalogue or any other specifications at any time without notice. MARICHEM MARIGASES may in its full discretion provide goods or merchandise not listed in the Product Catalogue.
15. The customer or its agents or the Vessel’s officers or crew shall read the MSDS (Material Safety Data Sheet) prior to using any For detailed information on safety and health, customer shall always refer to MSDS and/or product label.
16. In the event of lack of agreed qualities (conformity) of the goods or gas cylinder or fire - rescue and safety services at the time of delivery, the customer must notify MARICHEM MARIGASES within 10 days after the delivery. Only in case this lack is not due to the customer or circumstances on his part, MARICHEM MARIGASES shall at its sole discretion rectify the lack of conformity or deliver substitute The customer shall have no further rights or claims in respect of lack of conformity.
17. MARICHEM MARIGASES shall not be liable for:
18. The customer agrees to indemnify MARICHEM MARIGASES against all damages and liabilities arising from any acts or omission of the customer or its agents or the Vessel’s officers or crew in connection with the sale and supply of Products or Services. The customer shall also be responsible for all taxes, duties, tariffs and/or other related charges and processes concerning Vessel’s FRS equipment that would be offlanded for the purpose of repairs, inspection or replacement.
19. The customer shall conform to all warnings, instructions and safety norms provided by MARICHEM MARIGASES, as well as all regulations and industry practices in relation to handling storage, and usage of the goods and gas cylinders. MARICHEM MARIGASES is not to be considered liable for damages or losses resulting from accidental causes or others deriving from customer’s failure or negligence to follow all the above-mentioned instructions. MARICHEM MARIGASES is in no event liable for incidental, indirect or consequential damages or losses, including damages for profit loss resulting from the failure of, uncontrolled release of gas or explosion of gas cylinder, which causes body injury, death or damage to property. The customer assumes all liability and risk for the use and proper handling of the goods and gas cylinders after delivery and shall indemnify MARICHEM MARIGASES and hold MARICHEM MARIGASES harmless from all consequences, including but not limited to all liability, costs and all expenses arising from usage or improper handling, including claims by third parties.
20. MARICHEM MARIGASES terms and conditions as well as all contracts to which these conditions apply shall be construed and interpreted in accordance with the Greek Law. The customer accepts the Courts of Piraeus as the exclusive venue for any legal actions, proceedings or disputes arising from or in connection with any contracts to which these conditions apply. In addition, the customer accepts that MARICHEM MARIGASES specifically for the purpose of securing payment of any amount due from the customer, the vessel or any third party has the right to proceed according to the local law and legislation under all contracts which these conditions apply in any jurisdiction it sees fit.
