PRICES ARE VALID FOR ONLY 30 DAYS.
BY ACCEPTING OUR QUOTE OR PURCHASING ANY ITEM YOU ACKNOWLEDGE AND ACCEPT THE
TERMS AND CONDITIONS DETAILED BELOW.
By Purchasing or accepting a quote from Liferafts Incorporated of
Puerto Rico, I state that, I am the authorized agent/owner acting on behalf any
concerned party of ownership of a vessel/establishment/etc. and have Permission
from said party or other relevant concerned party to enter into this agreement.
I understand that Liferafts
Incorporated of Puerto Rico has a security
lien in accordance with the Maritime Lien Act (46..
U.S.C. 31342) on this vessel until all monies/fees and taxes are paid in full.
I understand that extending credit on my behalf constitutes a lien against this
vessel for charges which is all inclusive of materials, labor, and taxes. All
fees are due upon receipt of invoice. All invoices not paid within 30 days will
be charged 1.5% interest per month on the unpaid balance until paid in full. I
hereby authorize the above work to be done along with the necessary materials,
and hereby grant permission to complete the work described above. In addition,
I further agree to pay Liferafts Incorporated of Puerto Rico any additional
parts and labor cost over and above the quoted price should the job require
additional time or material. In the event this account is turned over to a
collection service the owner of the vessel/company will be responsible for the
cost of collections/collection fees/attorney’s fees. Those collection fees will
be 33.33% - 50% of the total amount due. If litigation is required and this
account is placed with an attorney the owner of the vessel/company will be
responsible for any additional fees, such as; interest; court costs; pre and
post judgement fees; substitute custodian fees; marshals fees; and any and all
fees associated with the collection of the balance on this account plus any and
all applicable finance charges. I further understand that all work orders;
authorizations; contracts; and written agreements fall under the terms of this
document.
The customer accepts that
cancellation of this signed agreement (of our terms and conditions) prior to
the completion and or installation gives Liferafts Incorporated of Puerto Rico
the right to retain full value of the deposit or require 50% of the total
invoice value to offset costs incurred in the preparation and production of the
order.
Further the above, all amounts
are payable on invoice due date. All accounts are payable in the currency
indicated on the invoice. Liferafts Incorporated of Puerto Rico retains the
right to require full or partial payment in advance, to set spending limits for
credit accounts or to require other adequate assurances of financial
responsibility. Liferafts Incorporated of Puerto Rico reserves the right to
make partial shipments from time to time and render invoices therefore, which
shall be due and payable as provided in said invoices. Unpaid service charges
will be considered past due. In the event of default in payment and if same is
placed in the hands of an attorney or other agency for collection, the buyer
agrees to pay all costs of collection, including reasonable attorney's fees.
Unless
otherwise specifically noted, the amount of any sales, use, occupancy, excise
tax, or other tax, of any nature, federal, state, or local, for which Liferafts Incorporated of Puerto Rico (The
Seller) is legally liable shall be added or be in
addition to the price quoted and Buyer agrees to pay the same to Seller. Buyer
shall be responsible for payment of all sales, use or other taxes, assessments,
fees or duties arising from the Buyer's purchase from the Seller.
Liferafts Incorporated of Puerto Rico (The Seller) shall not
be liable for failures in performance, including delay or non-shipment,
resulting from acts or events beyond its reasonable control. Such acts or
events shall include, but shall not be limited to, acts of God, civil or
military authority, civil disturbance, fire, strikes, lockouts or slowdowns,
factory or labor conditions, errors in manufacture, inability to obtain
necessary labor, materials or manufacturing facilities, factory delays, delays
in shipping by freight forwarders or their representatives, delayed issuance of
export control licenses, or other "force majeure" events beyond the
reasonable control of the non-performing party. In the event of such delay, the
date of shipment shall, at the request of Seller, be deferred for a period
equal to the time lost by reason of the delay and otherwise for a reasonable
time. Delivery dates are
approximate. Seller shall use reasonable efforts to fill all Orders according
to the shipment schedule provided by Seller at the time of the acceptance of
the applicable Order, but in no event shall Seller guarantee shipment according
to such schedule or be liable for damages due to delays in the delivery
Liferafts Incorporated of Puerto Rico specifically disclaims
any and all warranties for used good or goods sold as is
All
orders are subject to acceptance by Liferafts Incorporated of Puerto Rico (The
Seller) in writing. No assignment of the Buyer's rights may be made without the
written consent of the Seller. Orders for special materials are subject to
cancellation only upon agreement to make payment for the work performed,
material used, and a reasonable profit.
No product may be returned without Liferafts Incorporated of
Puerto Rico’s (The Seller) prior written consent. All goods returned are
subject to a handling charge plus freight in directions, restocking fees and
charges for any required reconditioning, unless otherwise specified in writing
by Seller. Overages, shortages and incorrect material Cancellation claims must
be made in writing within ten (10) days of receipt of goods. Cancellation of
orders once placed with and accepted by Seller may be made only with its
written consent.
Liferafts Incorporated of Puerto Rico’s (Seller) failure to
insist upon any of the terms, covenants, or conditions listed herein or to
exercise any right hereunder shall not be construed as a waiver or
relinquishment of the future performances of any such term, covenant or
condition, or the future exercise of such right or a waiver or relinquishment
or waiver of any other term, covenant or condition or the exercise of any other
rights hereunder.
By placing your order, you acknowledge and agree to the terms
outlined above and are in a position to agree to such terms within your
organization
Unless
otherwise agreed in writing, these terms shall apply to every sale of Marine
Lubricants entered into between Liferafts Incorporated of Puerto Rico as the
seller and any buyer of such products. These terms are in addition to the ones
listed in our general terms and conditions stated our website www.liferafts-inc.com
which may be or may not have been previously applied to any sale of
Marine Lubricants by Liferafts Incorporated of Puerto Rico.
Definitions:
Unless the context otherwise demands
“Buyer"
means the person or entity requesting Liferafts Incorporated of Puerto Rico
either to sell and deliver to it or the Owner, other concerned party, marine
lubricants.
“Delivery”
means the delivery of Marine Lubricants to a Buyer’s or Owner's vessel at a
specified delivery port. "Delivery Port" means the port or place at
which Marine Lubricants will be delivered alongside at a safe place as
determined by Liferafts Incorporated of Puerto Rico staff to a vessel.
"Owner"
means the party on whose behalf the Buyer is acting for and is the registered
owner of the vessel with legal ownership.
"Pre-delivery
Check List" means the check list prepared by Liferafts Incorporated of
Puerto Rico and signed by or on behalf of Liferafts Incorporated of Puerto Rico
and the Buyer to confirm agreement on the conditions and procedures under which
physical delivery of the Marine Lubricants shall take place.
Nominations
and Confirmations:
The
Buyer (or his representative agent) shall, by email or fax, give Liferafts
Incorporated of Puerto Rico notification (a “Nomination”) of a set of
requirements of a vessel for the delivery of Marine Lubricants. The Nomination
shall mention and specify grades, quantities, method of delivery and expected
date of arrival at a delivery port. Each sale of Marine Lubricants shall be
confirmed by email by Liferafts Incorporated of Puerto Rico to a specific Buyer
(“Confirmation”). The Confirmation shall incorporate all terms stated by these
general terms by reference and the general terms and conditions stated at our
website, so that these general terms thereby supplement and are made part of
the particular terms set forth in the Confirmation. Liferafts Incorporated of
Puerto Rico’s confirmation and the general terms shall together be construed as
the complete and exclusive agreement governing the transaction in question (the
“Transaction”). No other prior agreements or understandings, whether verbal or
in writing, shall be held in effect unless specifically referenced in the
confirmation. In the event of an inconsistency between some particular terms of
the confirmation and the general terms, the confirmation shall control for the
purpose of that particular transaction with any exception which can only be
modified by a mutually signed writing between Buyer and Liferafts Incorporated
of Puerto Rico.
Unless
otherwise stated and agreed upon in writing, a nomination shall always allow
the minimum number of working days’ notice as indicated in our port
directory. If any circumstances arise
which prevents Liferafts Incorporated of Puerto Rico from making a delivery,
then the Buyer shall be informed at the earliest possible convenience.
Liferafts Incorporated of Puerto Rico will take reasonable measures to satisfy
the Nomination but shall otherwise have no liability to preform said delivery.
If
the vessel has not arrived at the delivery port within 20 days after the
notified date of arrival stated in the accepted nomination, the nomination will
be considered as cancelled by the Buyer. The Buyer shall, be liable to
Liferafts Incorporated of Puerto Rico for any and all expenses incurred by
Liferafts Incorporated of Puerto Rico and shall also be charged a restocking
fee of 30 % as a result of the
nomination. Should the nominated vessel arrive earlier than the expected date
of arrival, Liferafts Incorporated of Puerto Rico will make all reasonable
efforts to supply the vessel upon written request to do so, however Liferafts
Incorporated of Puerto Rico shall not be obligated to do so until the
originally stated expected date of arrival.
Payments,
Invoicing & Charges
Unless
otherwise agreed upon by previous written notification, all payments shall be
made without discount; withholding or deduction in U.S Dollars to Liferafts Incorporated of Puerto Rico to the bank address
and account number as stated in the confirmation within the period stated and
agreed to in said nomination. All sales are made on a cash in advance basis or
upon previously agreed payment terms. In the event that the payment is not made
at the time and in the manner stated in the confirmation, Liferafts
Incorporated of Puerto Rico shall have the right to suspend all deliveries and
have the right to demand payment for all outstanding invoices that now become
due and payable in full. Overdue payments will bear interest at a rate of
one-point five percent (1.5%) per month. Liferafts Incorporated reserves the
right to modify its credit and payment terms.
Any account in which an invoice that past 15 days is late will incur an
administrative fee of five percent (5%).
Liferafts Incorporated reserves the right to issue credit terms as per
the entity’s discretion and is not obligated to grant credit or payment terms
to any person or entity. All credit term applications will be vetted by
Liferafts Incorporated of Puerto Rico and may take upwards of 60 days to
confirm acceptability. Sales that are made on credit terms or invoices that
have not been paid in full of the receiving vessels shall immediately upon
delivery become a maritime lien against each such vessel in favor of Liferafts
Incorporated of Puerto Rico. All invoices shall be based on the date of
confirmation not on delivery. Delivery receipt shall be provided at ports of
delivery where Liferafts Incorporated of Puerto Rico have a physical presence,
however at all other delivery ports delivery receipts are not guaranteed or
offered. All marine lubricants exported from the port of San Juan Puerto Rico
to a delivery port where Liferafts Incorporated of Puerto rico
does not have physical presence shall have the sale finalized and is considered
to be the property of the Buyer once an Export Bill of Lading is issued and the
product is consigned to a vessel and/or a vessel’s agent as stated in the
nomination. Once an Export Bill of Lading is issued, all marine lubricants
stated on said bill of lading are considered property of the vessel named and
are non-returnable without previous authorization and surcharges will be applied.
All products properly dispatched are non-returnable and nonrefundable including
all associated fees, duties and charges incurred.
Special
Delivery Charges will apply to the following ports and will be stated on the
confirmation Manzanillo, Dominican Republic; Jimani, Dominican Republic; Port au Prince, Haiti and Oranjestad, St. Eustatius.
Should
a launch service be required to deliver packaged marine lubricants at any or
all delivery ports, any and all expenses shall be the sole responsibility of
the buyer, vessel owner or owner’s representative; charterer and/or owners
agent. Upon request Liferafts Incorporated of Puerto Rico may arrange launch
services to deliver packaged marine lubricants. All launch services will be
quoted prior to confirmation. Once confirmation is received all costs; expenses
fees and any other remittance for a launch services cannot be rescinded nor
refunded.
Special
Handling Fees will be occurred for any unscheduled orders and amounts will be
stated on Liferafts Incorporated of Puerto Rico’s confirmation.
For
all deliveries preformed on the island of St Eustatius, once confirmed will be
shipped from our San Juan facilities via our company owned supply vessel.
Transit time from San Juan to St Eustatius is between 25-30 hours weather
permitting, all going well and without guarantee. Freight rates will be at the
prevalent rate at time of confirmation. Cancellation fees of orders to St.
Eustatius will be twenty percent (20 %) with prior written notice received
prior to departure of product and forty percent (40%) of invoiced amount once
departed.
CLAIMS:
Any potential claim referring to any quantity error or quality defects shall be
deemed waived unless the Buyer delivers written notice of the claim to
Liferafts Incorporated of Puerto Rico within five (5) days of delivery and,
where appropriate, allows the Seller and/or its representatives the opportunity
to inspect the Product or Products in question.
A clean delivery notice, duly signed by an officer or other designated
party on behalf of vessel’s owners, of the receiving vessel shall use as
conclusive evidence of quantity received and may not be protested. The Buyer
must initially pay the full amount of the invoice due, and any disputes shall
be resolved between the Buyer and Liferafts Incorporated of Puerto Rico after
such payment has been made. Failure by Buyer to pay the full amount when due
shall constitute a waiver of any claims by Buyer.
Any
question concerning the construction, meaning or effect of these terms, or any
dispute concerning the rights and liabilities of the parties under this
agreement, its performance and enforcement, without prejudice to Liferafts
Incorporated of Puerto Rico’s rights to enforce any maritime lien arising
hereunder in any jurisdiction outside the United States, or any other dispute
or difference connected with or arising out of this agreement shall be governed
by the laws of the Commonwealth of Puerto Rico to the exclusion of any
conflicts of law rules which would refer the matter to another jurisdiction.
Any claim or controversy arising out of or relating to this Contract, or the
breach of the Contract, shall be settled by arbitration in the Commonwealth of
Puerto Rico in accordance with the Commercial Arbitration Rules of the American
Arbitration Association.
This
agreement reflects all terms and conditions of the agreement between the
Parties, and no representations made outside the scope of the same in any
brochures, catalogues, marketing texts or correspondence, or verbally in the
course of negotiations, shall have any contractual effects. This agreement
shall not be amended or changed in any way, except as agreed in writing by the
Parties
Should
it be definitively determined by the courts that any provision of this
agreement is incompatible with or contrary to prevailing legislation, such
provision shall be deemed to be amended or omitted as appropriate to comply
with the said legislation, but without affecting any other clauses of this
agreement or the validity of the same.
As
mentioned above, risk and title of marine lubricants during delivery of package
goods (excluding packaged goods when being export to any delivery port outside
the territorial limits of Puerto Rico)
passes to buyer once the packaged marine lubricants are unloaded from Liferafts
Incorporated of Puerto Rico’s delivery vehicle and are landed either alongside
the Buyer’s vessel that shall receive the packaged goods at the port of delivery or at a point where
Liferafts Incorporated of Puerto Rico personnel deem practical and safe to land
the packaged marine lubricants.
Unless
otherwise stated in the nomination and/or confirmation Liferafts Incorporated
of Puerto Rico shall make the delivery Free Alongside. Should the buyer and/or
the vessel fail to notify that the vessel may not receive the packaged products
free alongside, then the buyer shall absorb any and all additional expenses for
the delivery of the packaged goods.
In
the event that the vessel’s lifting equipment is required to lade the purchased
packaged marine lubricants, the vessel’s crew members will thereby preform all
lifting operations, including the attachment of the vessel’s lifting equipment
dockside. At no point will Liferafts Incorporated of Puerto Rico personnel be
responsible for securing any lifting equipment, nor will they be located in a
position forward or under the lift during the lifting procedure.
Liferafts
Incorporated of Puerto Rico believes that the safety and wellbeing of all
people involved in marine lubricant deliveries is of vital importance. We count
on the cooperation of all concerned parties to perform the delivery of packaged
goods in a safe and secure environment.