TERMS AND CONDITIONS DYNAMIC MARINE DIESEL/MATIJA DANKO
WORKING WEEK:
Monday to Friday 08:00-17:00 hours
SERVICE CONDITIONS
-DMD cannot be held responsible for any 3rd party system failure when
modifications/redesigning are forced upon us at the request of ship’s Captain/Engineer.
-DMD is responsible solely for works carried out by its staff and subcontractors /or the
materials supplied and installed. Under no circumstances shall DMD be held liable for
any loss of charters, profits or use of vessel.
-Cost of lifting frames, crane, shipyard fees and costs etc. not included in our offers
unless stated otherwise.
-DMD will not guarantee any third-party parts supply nor labour of servicing.
-DMD cannot be held responsible when loading engines or generators to their
maximum 100% load, failure or faults appear.
-Sea Trials when requested are completed at client´s expense irrespective of their
results.
-Labour charges will start once the worker receives the work order, preparing tools,
parts, technical data, loading vehicle, driving time to the client location, works, research
materials, meetings, return to workshop, time sheets, etc. All man-hours dedicated to the
projects will/can be charged at DMD hourly rate.
-Old replaced parts will be stored in our workshop for 3 months before their subsequent
disposal.
-DMD will not accept any additional costs when client uses 3 rd party to work on his
vessel, if he can´t wait on our staff or availability, such as calling or hiring 3 rd company,
contractors without advising DMD about it, and/or if client wants to have done
something urgently, especially when bigger projects are involved as engine/generator
replacement or rebuilds, or similar projects.
-DMD is not responsible for delays or problems caused by delivery companies,
suppliers, or technical changes made by manufacturers.
ESTIMATES/QUOTES EXTRA CHARGES
-Labour hours can/will increase due to poor access.
-Boat out of the water/or going back to water unknown prior to DMD offer.
-Unforeseen delays caused by shipyard, other contractors, weather conditions, suppliers,
technical changes from manufacturers.
-Congested working area, unsafe working area, stop and start works to accommodate
third party contractors or crew, parking and loading time.
-If more extra problems are identified, or client wants more to be done as needed
-Weekend work is being charged double the usual weekdays rate (ask office for latest
hourly rates if needed)
-Estimate/quotes are valid 10 days.
-By accepting our estimates/quotes client accepts our terms and conditions
WARRANTY CONDITIONS
New parts have warranty one year
All parts must be supplied by DMD to obtain full warranty
Labor warranty is 3 months, from the completion date of the work unless explicitly
stated otherwise in the service agreement.
The warranty does not extend to items or services subcontracted by third parties unless
otherwise agreed.
DMD will not guarantee any third-party parts supply.
Liability under warranty is limited to the cost of repair or replacement of the defective
work.
The service provider reserves the right to amend the warranty terms without prior
notice.
Costs of displacement to the yacht, mooring or shipyard fees, any additional costs such
as salary of crew, loss of income by not using the yacht
Repairs or replacements: the client must obtain DMD prior agreement before
organizing any third-party repair works. If ignored, all warranty claims will be void.
Warranty will be suspended until full payments of invoices are received. (Date of
warranty starts as from last day that our staff was working on the vessel, as per work
report).
Warranty excludes materials dismantled, replaced, repaired, or in any way handled by
persons not expressly authorized by DMD. Under no circumstances, however, shall the
guarantee imply any possibility of requesting indemnity.
The client agrees any service warranty claims to be carried out in Palma de Mallorca,
Spain.
We decline any responsibility for damage to property or injury to third parties.
The laws of Spain shall govern this contract, and the parties submit to the jurisdiction
in Palma de Mallorca, Spain.
Warranty shall be limited to replacement or repair onboard or at our premises and
under our direction, of the material or piece recognized as being defective
During resolution of any warranty claims, any further costs incurred such as extended
dry dock, loss of revenue, extra mooring charges, use of travel lifts, sea trials etc. will
be at the client’s expense.
Upon inspection of the returned part either the claim will be accepted under warranty
or, in the case of the claim being rejected, the customer will be liable for all costs.
The client agrees to return any/all defective parts to DMD at total transport cost to the
client account.
Once a warranty claim has been presented, the customer accepts and understands that
any further use of machinery, without DMD specific permission, will be under the
boat’s sole responsibility as this could cause greater direct or lateral damage.
Warranty does not cover:
-Regular maintenance and adjustments, electrical or electronical problems
-Damages resulting from unauthorized modifications or repairs
-Damages from exhaust, fuel or any other system connected to the engine
– Costs of displacement to the yacht, mooring or shipyard fees, any additional costs such
as salary of crew, loss of income by not using the yacht.
WORKING OFF THE ISLAND
– DMD is not obliged in any way to help off the island of Mallorca, only if not agreed
otherwise with the client
– Works requested off the island (worldwide) per day per person including travel days
– Taxi, Hotel, food, travel expenses are cost to client.
– Over time at weekends will be subject to additional charge.
SPANISH HOLIDAYS
The Client acknowledges and respects all local and national holidays when ordering
works. Should the client request our service over this period then our overtime rate will
be applied.
COMPANY HOLIDAYS
DMD reserve the right to have holidays in summertime, in August whole month, and
wintertime during the Christmas days, that client is aware of, that we can´t help during
the holidays, nor answer any questions, phone calls, messages.
INVOICE PAYMENT CONDITIONS
-All invoices need to be paid after received.
-Client agrees that will be charged 15% penalty fee if invoice not paid within 30 days.
-Client agrees to pays extra charges of 3 rd party involved like companies, contractors,
since DMD doesn’t have influence on payment politics from other companies,
contractors
-Failure to settle payments in accordance with established times- No warranty is
offered.
JURISDICTION
The contract between the client and DMD shall be governed by the laws of Spain and
both parties submit themselves to the jurisdiction of the Spanish Courts, expressly
excluding from this submission the petitions of Ship Arrest and the following claim,
that will be Submitted to the Courts that are the competent according to the Applicable
Law and/or Convention.
TERMS AND CONDITIONS CONTRACT
These conditions are subject to modifications/changes without prior notice.
All parts, material remain our property until fully paid.
