Retention of the title

1. All goods delivered by the Alfa Marine Solutions (thereafter called Supplier), shall remain Supplier’s property until the Buyer has fulfilled all its obligations under this agreement and under any previous agreement of similar kind between the Buyer and the Supplier. In addition, the Buyer is not allowed to install or manipulate or trade or pledge the goods until the purchase price has been paid in full.
2. Having invoked the retention of ownership clausule, the Supplier may retrieve the goods delivered. The buyer must allow the Supplier to enter the place where the goods are located and fully cooperate to return same to the Supplier.
3. If the Supplier cannot invoice the retention of ownership clause because the goods delivered have become a fixed part of another piece of equipment, engine, or construction, and cannot be removed or take out without causing substantial damage or have been deformed and lost its original features, the Buyer is obliged to pledge the newly formed goods of which the goods supplied are part of, the the Supplier.

Limitation of liability

1. The Supplier liability shall be strictly limited to the amount of the contract price, as invoiced to the buyer.
2. The Supplier shall not be liable for any economic losses and / or consequential damages, loss of profits, claims from other parties such as buyer, and-users, insurance companies, third parties.
3. The Supplier shall not be liable for any damages caused by non-timely or late delivery. All delivery times or periods shall be considered as approximate under the agreement and are not of essence.
4. Under no circumstances Alfa Marine Solutions shall be liable to purchaser for incidental, consequential or other damages in excess of an amount equal to the net contract value of the products provided by Alfa Marine Solutions to purchaser with this quotation under or in connection with orders for products and these terms and conditions, whether any claim for recovery is based upon or arises out of theories of breach of contract, breach of warranty, indemnification, negligence, tort (including strict liability) or otherwise. Futhermore under no cicrumstance shall this provision be modified by any contrary terms or condition in any purchaser request for proposal, order form, purchase order or similar document unless negotiated and signed by both purchaser and Alfa Marine Solutions.

Warranty

1. Warranty periods shall start on the date of delivery of the goods.
2. Warranty period shall be 6 months.
3. The buyer shall not be entitled warranty if the goods are not used for their intended purpose or in compliance with their technical properties or have been manipulated, altered or misused.
4. Supplier’s liability for any possible damage caused by the defective product is strictly limited to the 50% invoice value of the defective goods. This limitation shall not apply to any damage caused by gross negligence or willful misconduct. The Supplier shall not be liable for any damages if the purchased goods are not used fit their intended purpose or in compliance with their technical properties, nor shall the Supplier be liable for any damage caused by failure on behalf of the Buyer to follow the guidelines and instructions on the installation, starting, operation and maintenance of the goods, or if the goods have been manipulated, altered or misused.
5. In consideration of the guarantee given by ALFA MARINE SOLUTIONS (AMS) as set out below the Customer expressly agrees that:-the said warranty is given by AMS in lieu of and to the entire exclusion of every condition or warranty whether statutory or otherwise whatsoever, except to the extent that the statute prohibits such exclusion.-AMS is released from any other form of liability, whether in contract or tort, including consequential loss or damage caused or arising by reason on the Goods not being of the quantity, type or quality ordered or by reason of the Goods being delayed or by reason of any other matter whatsoever.-in no circumstance shall AMS be liable for any sum greater than the purchase price of the Goods in the contract of sale.-ALFA MARINE SOLUTIONS will not be responsible for any expenses which the Customer and/or user may incur in removing or having removed or replacing any part or parts of the Goods sent for inspection or fitting or having fitted any replacement or new parts supplied in lieu thereof.-This Guarantee does not extend to any defect which in the opinion of ours (which opinion shall be final) was attribute to:(i) Any form whatsoever of improper use.

   (ii) Wear and tear.

   (iii) Non-compliance with any instructions issued by us.

   (iv) Incorrect fitment howsoever caused.

   (v) Neglect of others.

   (vi) Abnormal corrosive or abrasive conditions.

   (vii) Any alteration or modification having been made to the Goods or any parts thereof or any connected parts without the express approval of ours given in writing.

   – Consumables are excluded from this Guarantee.

Applicable law and Jurisdiction

1. These General Terms and Conditions and any agreement in conjunction therewith shall be governed by the laws of Poland.
2. This applied also if the goods have been sold or delivered to another country.
3. In any proceedings brought by the seller, Seller shall be at liberty to bring the proceedings before the courts the would have jurisdiction in the absence of the clause or, at his sole discretion, before the courts where the buyer is located or domiciled.
4. The contract is personal to the customer, which shall not assign or charge the benefit thereof in any matter whatsoever without sellers express written consent.

Delivery

1. Unless otherwise specified delivery of Goods are made “Ex Works” in accordance with Incoterms 2000, but the delivery price is exclusive of packing, customs clearance  which will be charged extra if required.
2. Unless otherwise agreed, quotations are lapse after 30 days from their date.
3. Delivery times offered by the Seller are given in good faith but are an estimate only.
4. Seller may deliver Goods in installments in any sequence, howsoever caused in respect to one or more instalments shall not entitle the Buyer to terminate the Order as a whole.
5. Upon delivery to the Buyer all Goods should be examined, Seller will not be liable for any shortages in, damage to or non delivery of Goods unless the same is notified by the Buyer to the Seller in writing within 10 days of actual or anticipated date of delivery.
6. All Goods offered in Seller quotations are subject unsold and according to General Terms and Conditions in the present document.

Force Majeure

1. Force Majeure. In case of Act of God, labour disputes, civil commotion, pandemic situations, governmental or official actions or any other event which was outside the reasonable control of the Parties affected. The Parties shall be relieved from their obligations stated in the contract during the period of time such events continue and to the extent their liabilities are affected. Therefore it shall be also applicable to the Seller or Seller sub-supplier of which Seller is affected by the event and / or in case the Party concerned is already in default. Therefore Contract can be terminated without any liability if, due to Force Majeure, compliance is impossible for a certain specified period of time.

Any reference to the OEM part number or other OEM information is for the purpose of identification only and does not imply that the part was manufactured by the Original Equipment Manufacturer.
All the brands and trademarks in the mails or exchanges belong to their own owners and does not mean that we are their authorized partner or dealer. All the information in mails and exchanges is only for reference, we do not assure its accuracy.