Terms & Conditions
TERMS & CONDITIONS
In these General Terms and Conditions (hereinafter referred to as the "Conditions"), the following terms shall have the following meaning:
- "Seller" shall mean the Ark Marine Service Inc..
- "Seller" any supplier of Goods and/or Services under an Agreement;
- "Buyer" means any party at whose request or on whose behalf the Seller undertakes any business including sales of goods and providing services.
- "Goods and Services" shall mean the goods, materials or services described in the Purchase Order and in the event of such being required any documentation to be provided under the Contract.
- "Agreement": the specific written sales and/or service contract or acknowledgment of order of services or goods, with appendices, between the Seller and the Buyer, including these Terms and Conditions, which form an integral part thereof;
- "Price" shall mean the sum specified in the Purchase Order in connection with the Delivery of Goods and/or provision of Services under the Agreement.
Buyer send inquiry to Seller by e-mail in any valid format or by fax. The Inquiry must contain equipment name, equipment type, equipment maker, description, part number and quantity of the required parts. Seller may request additional information from Buyer such as Vessel Name, Yard and Hull No. etc.. if necessary.
Seller submit estimation to Buyer by e-mail in any valid format or by fax . The estimation must contain price with valid Ark Marine Service Inc. currency, delivery term, delivery time, validity, country of origin, packing and domestic transportation fee and remarks if any. Transportation cost to destination and other charges are not included in the estimation.
Seller’s acceptance of Buyer’s Order, and any changes or amendments thereto,is strictly limited to Seller’s assent to Buyer’s terms and conditions. Unless agreed otherwise in writing by a duly authorized representative of Buyer, Buyer objects to and shall not be bound by any terms or conditions that differ from, add to, or modify these terms and conditions. Buyer’s failure to object to any other terms and conditions contained in any communication from Seller does not waive any of the terms and conditions specified herein. Buyer’s Order shall be binding upon the Parties upon the earlier of Seller
(i) executing and returning an Order acknowledgment to Buyer,
(ii) commencing performance pursuant to Buyer’s Order, or
(iii) delivering to Buyer any of the Goods and/or Services under Buyer’s Order
Cancellation of Order:
Cancellation of order is possible within 24 hours after the acknowledgment. Cancellation of order will not be accepted by the Seller after 24 hours. For products before shipment from factory or warehouse of Maker, cancellation fee will be informed after confirmation from Maker, for products after shipment, Seller cannot accept cancellation.
Delivery time will be counted based on working days Saturday, Sunday & National Holidays will not be counted as days.
Prices & Currency:
Default currency is Japanese Yen. Unless otherwise agreed in writing by a duly authorized representative of Buyer, all prices Ark Marine Service Inc. are firm and are stated in Japanese Yen, and all invoices issued by Seller, and payments made by Buyer, shall be in Japanese Yen. Seller shall not charge Buyer prices higher than those stated in Buyer’s Order, unless authorized by a written change order or notice signed by a duly authorized representative of Buyer.
Agreed by both Parties(Seller and Buyer)
In accordance of INCOTERMS 2010.
Warranty/Guarranty and Risk of Loss:
The parts to be supplied by Seller to Buyer are 100% in good quality. Seller assured that all parts to be delivered are non-asbestos. Risk shall pass from Seller to Buyer at the time such Products are properly loaded on the carrier or delivered to consolidator. The Buyer must notify the Seller immediately in case the supplied goods are not suitable to the equipment, wrong size, wrong parts or in poor quality. The Buyer will send a written report to the Seller for verification. Seller will investigate and will consult Manufacturer. The Seller will replace the wrong supplied parts with correct item free of charge. No goods shall be replaced
(1) if the damaged has been made due to transport errors,
(2) if the damaged has been made by human errors such as falling and bumping
(3) if the damaged has been made due to wrong procedure of installation,
(4) if the damaged has been made due to fires, earthquakes, wars, tsunamis, severe damp, lightning and high voltage electric shocks (including static electricity),
(5) if the product has been used for more than 7 days.
Buyer shall, in the course of work hereunder, be exposed to and have access to information and data, which is considered the proprietary information of Seller. Buyer agrees that Buyer, its agents and/or employees shall not, during the term of this contract or subsequent to the expiration thereof, disclose to any third party any information which Buyer may acquire from or about Seller or its customer or any information related to the business of Seller; and Buyer shall not use for his own benefit any such information or data. This restriction is not intended to extend to any information that is public knowledge or is made public by Purchaser. Any Information, either written or oral, passed between the parties shall be regarded as confidential and shall not be published or disclosed to any Third Party.