These General Terms of Delivery will be entirely valid, unless other terms have been fixed by contract.
Written orders are binding only. Verbal agreements become valid by a written confirmation of Schiffbau-Versuchsanstalt Potsdam GmbH SVA.
The prices in our quotations are binding at the date of giving the order. In case of delays in delivery caused by missing documents and information to be provided by the customer and/or his subcontractors and caused by decisions to be taken by them as well as for other reasons raised by the clients as mentioned in paragraph 7, the work still to be done after the delivery date agreed upon will be invoiced to the customer according to the salaries and costs valid at the time, on the basis of the official statistics.
Our quotations will be valid for three months from date of quotation, unless otherwise agreed upon.
5. Scope of delivery
The items listed in our quotation and/or acknowledgement of order exclusively specify the range of work and its delivery.
Unless otherwise agreed upon, 2 copies of all final diagrams and/or documents will be delivered. Dia¬grams and/or documents will be drawn up according to our standard, unless otherwise agreed upon. De¬livery of diagrams and/or documents is considered when they are handed over to postal service, airline company or to a forwarding agent.
7. Time of delivery
Time of delivery starts on receipt of incoming order, with our acknowledgement, on receipt of deposit and with the provision of the documents and information to be made available by the customer and after specification of all technical details. Time of delivery may be changed as a consequence of force major and alterations and delayed deliveries of documents by the customer and by third parties. Events beyond our influence may also affect time of delivery. Our times of delivery are based on the assumption that the working process will not be interrupted. Every interruption of our working process caused by lack of technical data and information, decisions of the customer and arrears in payment may postpone deli¬very. If our general costs should increase during such delays caused by the clients, our charges for the diagrams and/or docu¬ments still to be delivered will have to be adjusted accordingly.
8. Property rights
Projects, lines, stern and stem shape as well as other confidential information of the client remain his own property. SVA undertakes to handle any information related to the project strictly confidential, and not disclose to any third party without prior written consent of the client, and can be used by the client for any intended newbuilding.
Projects, lines with and without bulbous, models, EDP-programs, descriptions, documents and other know how of SVA required to carry out a job quoted for as well as anything derived from these projects, lines etc remain our intellectual property even if this not mentioned in our offer and/or order confirmation explicitly.
Our quotation is valid for the delivery described. If alterations should become necessary for reasons beyond our responsibility, or if the customer wishes to change diagrams and/or documents which have already been completed or are still being worked on the expense has to be covered separately on the basis on the additional costs arising. Before the changes required are executed a written agreement has to be made concerning additional costs and the altered time of delivery.
10. Terms of payment
Orders with more than 10,000 € net in value have to be balanced by three (3) instalments. The first instalment (30% of the order value) is payable at signing of the contract, the second instalment (40% of the order value) after finishing the model tests and the third instalment (30% of the order value) after delivery of the final report(s). Payment must neither be held back nor balanced against any counterclaims not accepted by our com¬pany. Payment has to be effected strictly net on delivery and receipt of invoice. For delayed payment we will charge the common bank interests. Payment has to be effected on 15th and 30th every month.
For the execution of our work we accept the usual engineering liability, i. e. mistakes which might occur in diagrams, calculations etc. and have undoubtedly been caused by us will be corrected by us free of charge. Further liability, for instance for the natural ship, is excluded. Further compensation claims (i. e. reduction – of purchase price in case of deficient delivery – cancellation etc.) are excluded. Complaints are only accepted within four weeks after despatch if made by registered letter.
12. General terms
Both parties reserve the right to cancel the contract, if it has been proved that the other party have not fulfilled their contractual obligations, but only by observing the remaining general terms of delivery. Consignments, part consignments and preparatory work delivered by our company have to be paid in full, as well as all the diagrams and/or documents still in preparation.
All litigations resulting from contract are exclusively subject to jurisdiction in Potsdam on the basis of German Law.
Potsdam, July 2005