Article 1 – VALIDITY OF GTCs
These GTCs regulate the relations between Merk & Merk Jahte Servis Tribunj d.o.o., OIB: 02419298605 (“Service Provider“) and the customer in the performance of the services ordered by the customer as set out in the Order Form (“Services“). These GTCs apply to all the Services as an integral part of the contract for Services, unless their application is explicitly excluded thereof.
Article 2 – ACCEPTANCE OF THE OFFER
The offer of the Service Provider includes only the Services that are explicitly specified in the Order Form. The Service Provider will perform the Services on the basis of the customer’s signed Order Form (which incorporates these GTCs). The signed Order Form shall be accompanied by a deposit equal to 50 % of the total value of the Services, unless explicitly agreed upon differently.
The Order Form will contain all necessary information about the Services, boat or yacht and its characteristics, as well as the correct instructions and other data necessary for the correct and timely performance of Services. The customer will timely deliver to the Service Provider all documents necessary for the performance of the Services. The customer will bear all consequences caused by any incorrect, incomplete, unclear, contradictory or delayed order and/or delivery of documents necessary for the performance of Services.
The order for Services must be given in writing. An order given in any other form has to be confirmed in writing; otherwise, the Service Provider shall not be obliged to commence with providing the Services and shall not be responsible for any non-conforming performance of the Services or any other consequence arising out of or in connection with such order.
Article 3 – HINDRANCES TO THE PERFORMANCE OF THE ORDER
If the Service Provider is at any time unable to perform the Services or if it is likely that the Services cannot be performed due to any events or risks that were not caused by the fault or gross negligence of the Service Provider and that could not have been avoided with reasonable efforts, the Service Provider is authorised to discontinue the provision of Services and, if reasonably possible, deliver the Services or part of the Services to the customer at the place considered appropriate and safe by the Service Provider, upon which the Services will be considered to have been delivered and the obligations of the Service Provider will cease.
In the case referred to in paragraph 1 of this Article, the Service Provider will be entitled to the fee stipulated by the contract for Services, as well as the reimbursement of costs incurred due to the events or risks referred to in paragraph 1 of this Article.
Article 4 – FEE FOR THE PERFORMANCE OF SERVICES, REIMBUSREMENT OF COSTS AND TERMS OF PAYMENT
The Service Provider will be entitled to a fee for the performance of Services, as well as the reimbursement of costs incurred during the performance of the Services. The reimbursement of costs refers to and encompasses any possible costs that could arise during the performance of Services, e.g. purchasing of additional spare parts, etc.
In addition to a fee for the performance of Services and reimbursement of the costs, the customer will be responsible for payment of the berthing fees which will be charged according to the valid price list.
The fee will generally be stipulated by the/in the Order Form. Orders without the agreed fee will be charged according to the valid price list for Services which is available on the Service Provider’s website.
All fees are exclusive of value added tax and any other tax, duty or fee imposed from time to time by any government or other authority which shall be paid by the customer at the rate and in the manner prescribed by law.
The Service Provider can request the reimbursement of costs immediately upon the incurrence thereof during the performance of the Services. The customer will, at the request of the Service Provider, timely advance to the Service Provider the costs required for the performance of the Services. Otherwise, the Service Provider is authorised to discontinue the performance of the Services until such costs have been advanced, without any responsibility for any consequence caused by discontinuation of services, including without limitation the duty to preserve or protect the customer’s goods.
The Service Provider shall not commence with the Services before payment of a deposit in the amount of 50 % of the total value of Services, unless agreed upon differently. The balance shall be paid in full immediately upon completion of the Services. The equipment installed on the yacht/boat remains the property of the Service Provider until full payment of the invoice for Services.
The Service Provider shall have no obligation to return the yacht or any document relating thereto if the customer has not paid the full price or any sum due at any time to the Service Provider under the contract for Services or otherwise.
If the customer fails to pay the full price or a deposit thereof, pursuant to the contract the Service Provider shall have the right, without prejudice to any other right or remedy available to the Service Provider at its sole discretion, to:
- suspend all Services or pending deliveries or/and terminate the contract;
- assign any payment by the customer to the part of the work that the Service Provider considers as completed, notwithstanding any purported assignment by the customer;
- charge interest on any outstanding due amounts at the statutory default interest rate;
- claim the difference up to full compensation of the damage, if the damage suffered as a result of the customer’s delay is greater than the amount that would have been received as a result of default interest.
Article 5 — ACCEPTANCE OF WORKS. DELIVERY
The yacht shall be delivered to the marina Tribunj, unless agreed upon differently.
In any case, the customer is liable for ensuring entrance to their yacht and to cover any possible marina entrance fees and the travel costs from Tribunj to the other marina.
It shall be considered (deemed) that the customer has accepted the Services carried out by the Service Provider, if the customer leaves the marina with the yacht or uses it in any other way.
Article 6 — INSURANCE
During Services at the Service Provider’s work-site, the customer shall be responsible to maintain yacht or boat insurance in a proper or ordinary manner for the serviced boat or yacht, unless separate insurance coverage is expressly requested and paid for by the customer or unless mandatory insurance is regulated by the mandatory rules.
The Service Provider holds Allianz third party liability for Travel Lift with a maximum coverage of HRK 1,000,000 per harmful event and HRK 2,000,000 per year.
Article 7 — WARRANTY
The warranty period for the Services shall be three (3) months from the end of each performed Service, unless agreed upon differently, and shall, furthermore, be effected in accordance with the provisions of law governing warranties.
The Service Provider provides a warranty for the proper operation of the spare parts that were built-in during the providing of Services in accordance with the warranty issued by the manufacturer of the spare parts, if this exists.
Article 8 — EXCLUSION AND LIMITATION OF LIABILITY
The Service Provider will act with the diligence of a reasonable business person during the performance of the Services.
Unless otherwise specified by the mandatory rules, the Service Provider will not be liable for any loss, damage or liability, whether direct or indirect, consecutive or non-consecutive, resulting from the contract for Services, whether due to negligence or otherwise, including, without prejudice, to any of the foregoing, lost profits or other economic loss.
The Service Provider shall not be liable for any delay or failure to perform the Service delivery on the yacht if it is prevented or delayed by an act or circumstances beyond the control of the Service Provider, including but not limited to Force Majeure, explosion, flood, storm, fire, accident, drought; legislation, restrictions, regulations, laws, prohibitions or measures of any kind on the part of a government, parliament or local authority; war or threat of war, sabotage, insurrection, civil unrest or requisition; power failure or engine failure; lockout, strike or other measures taken by employees, or a third party in anticipation of a labour dispute; delay in payment of any fees or disbursements by the customer; and difficulties and/or inability to obtain materials/labour, parts or machinery required for the execution of contract for Services.
The Service Provider shall be under no liability in respect of any defects of the Services if the customer fails to inform in writing the Service Provider without delay (but in any event within a 7-day period) of any deficiencies found.
The Service Provider shall be under no liability in respect of any defects of the Services or spare parts if the defect is (i) due to misconduct or incorrect operation, (ii) Force Majeure, (iii) wear and tear due to overuse of mechanical and/or electronic items, or (iv) extraordinary mechanical, chemical or atmospheric influences.
The liability of the Service Provider will in any case be capped by the amount of the services paid for by the customer, or the actual damages incurred by the customer, whichever amount is lesser/smaller
The customer will indemnify, defend and hold the Service Provider harmless (including the Service Provider’s management board members, employees, performers and other service providers) from and against any and all claims, demands, suits, damages, liability, losses, costs and expenses, including attorney’s fees, caused due to, or in relation to, or arising directly or indirectly from the performance of any Services due to the violation by the customer of their warranties, representations, covenants and obligations, unless the respective claims were caused by gross negligence or intent of the Service Provider.
Article 9 — INFORMATION
Any technical or other information contained in advertisements, sales brochures and technical brochures are provided only for informative purposes and are not a part of the contract, unless expressly agreed otherwise in writing.
Article 10 — ASSIGNMENT, SETTLEMENT OF DISPUTES AND GOVERNING LAW
The Service Provider may assign and sub-contract any or all of its obligations under these Standard Conditions and Order Form.
Unless otherwise stipulated, in case of any disputes in relation to the performance of the Services, the parties agree to refer to the competent court in the Republic of Croatia according to the registered seat of the Service Provider. The Service Provider is also entitled to institute court or other official proceedings against the customer before other competent courts or bodies in any other country.
The business activity of the Service Provider and this contract will be governed solely by the Croatian law, excluding the application of conflict of law rules.