INTRODUCTION
These Standard Terms and Conditions ("Standard Terms") are the terms and conditions under which "Um Marine Agency LLP" (Also referred as "Unique Marine Agency" or "M Saad Enterprises") and any group companies (collectively referred to as the "Company") will enter into agreement (the "Agreement") with a counterparty (the "Buyer") to supply the Buyer with Marine services. The Company and the Buyer may be referred to herein as the "Party" or "Parties".
DEFINITIONS
" Um Marine Agency LLP " shall include to describe its management, employees, agents, and employees.
"Vessel" or "Vessels" shall include all Vessels owned, chartered, leased or operated by "Um Marine Agency LLP" or its subcontractors and used for any service provided by "Um Marine Agency LLP".
"Customer" or "Client" includes the party requesting "Um Marine Agency LLP" services as the Buyer of services including Hirer or Charterer.
"Terms" means these Standard Terms and Conditions and any amendments thereto and agreed to by "Um Marine Agency LLP" in writing.
SERVICES BEING PROVIDED
"Um Marine Agency LLP" agrees to provide its own Vessels or third Party Vessels to service or carry the Customer’s Goods from the port or place of origin agreed upon to the anchorage or place of destination requested by the Customer as per terms of the Charter Party specifically provided otherwise in a quote or agreement in writing and signed by "Um Marine Agency LLP".
"Um Marine Agency LLP" agrees to provide its various marine services including Ship Chartering, Ship Sale & Purchase services, Ship Management, Marine consultancy and Maritime services, as per the terms specifically provided in a quote, work order, purchase order or agreement in writing and signed by "Um Marine Agency LLP". All business will be transacted under the GSTN specifically provided for "Um Marine Agency LLP" and none other.
ACCEPTANCE
Upon delivery of services in accordance with the terms of sale of marine services agreed, the Buyer shall immediately review and make every possible examination of the Services rendered and notify "Um Marine Agency LLP" in writing of any alleged non-conforming services, for review and corrective action if required, failing which the Buyer of services shall be deemed to have accepted the Services.
PRICE & PAYMENT
The Price of services shall be the amount set out in the invoice issued by "Um Marine Agency LLP". Invoice raised by "I-Marine Infratech" will be as agreed upon in quotation and acceptance by the "Buyer". GST will apply on the Net amount in accordance of prevailing GST Law of India. The Price (including any prepayment agreed), shall be paid by the due date specified in the invoice. Payment shall be made by the Buyer net of charges and without any deductions or set off whatsoever. Time for payment of the invoice shall be of the essence.
LIABILITY & INDEMNITIES
"Um Marine Agency LLP" and the Vessel or Vessels, shall be not liable to the Customer for any loss or damage to the Goods, or delay in delivery or any other damage, loss or expenses of any nature whatsoever, however caused, including if caused by negligence of "Um Marine Agency LLP" or unseaworthiness of the Vessel or Vessels. The Customer shall indemnify "Um Marine Agency LLP" and /or the Vessel or Vessels for any disputes, suits, actions, causes of action, claims or demands made against "Um Marine Agency LLP" for delay or damage, expense, or loss of any nature, sustained or incurred by the Customer or any person arising from the services provided hereunder, including lawyer’s fees on a solicitor and own client basis and defence costs, regardless of whether the disputes, actions, causes of action, claims or demands arise out of or were caused, in whole or in part, by the negligence of "Um Marine Agency LLP" or the unseaworthiness of the Vessel or Vessels.
LAW & JURISDICTION
All disputes, actions, causes of action, claims or demands arising out of or relating to the services provided by "Um Marine Agency LLP" or the Vessel or Vessels, shall be brought exclusively before the courts in Mumbai, India unless otherwise agreed upon in the contract or agreement with the Buyer of services. All disputes, actions, causes of action, claims or demands against "Um Marine Agency LLP" or the Vessel or Vessels arising out of or relating to these Terms, or to the services provided by "Um Marine Agency LLP" or the Vessel or Vessels, must be filed with either Court within One (1) year from the date of services delivered or ought to have been delivered, or the claim is extinguished.
FORCE MAJEURE
"Um Marine Agency LLP" shall not be liable for any delays and or default due to any act of God, war, civil or labour disturbances, malicious damage, strike, lockout, industrial action, fire, flood, drought, extreme weather conditions, transportation difficulties, compliance with any law or governmental order, rule, regulation, direction or any other circumstance beyond the reasonable control of the Seller. Any date for delivery, provided delivery may still be effected, shall be extended by the period affected by force majeure.
DISCLAIMER
Much of the marine information on this website consists of summaries of complex marine issues. Nor should you assume that all of the relevant marine services material is included on our website. The marine requirements and regulations change constantly. Legal and factual details and nuances are inevitably omitted from such summaries. "Um Marine Agency LLP" reserves the copy right for its content. Any resemblance of its content is purely coincidental.
We do not warrant, represent or guarantee:
To the maximum extent permitted by applicable law we exclude all representations, warranties and guarantees relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).