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.�