Terms and Conditions – Dynamic Marine Diesel / Matija Danko | Dynamic Marine Diesel

Dynamic Marine Diesel («DMD») is the trading name of Matija Danko, NIE Y3176578Q, c/ Prudenci Rovira 20, nave 10, Can Valero, 07011 Palma de Mallorca, Spain. Email: info@dynamicmarinediesel.com. Tel: +34 602 523 017.

1. Scope and acceptance

1.1 These terms apply to all quotes, services and parts supplied by DMD. Each quote includes or links to them.

1.2 The client accepts these terms by accepting a quote in writing (including by email or messaging) or by giving a work order.

1.3 DMD may update these terms. Changes apply to quotes issued after the change, not to work already agreed.

2. Business clients and private clients

2.1 Business client: a company or a person acting for their trade or profession. This includes vessels owned through a company, charter and yacht management companies, shipyards, other marine businesses, and captains or crew ordering work on behalf of any of them. Invoices are issued to a company name with a company tax number (CIF/VAT).

2.2 Private client: an individual who owns the vessel in their own name and uses it mainly for personal leisure, not business. Invoices are issued to a person’s name with a DNI, NIE or passport number. In Spanish law, a private client is a consumidor.

2.3 The client confirms which type they are when accepting the quote. If a vessel is owned privately but chartered out commercially, the main use decides.

2.4 Nothing in these terms limits the rights private clients have under Spanish consumer law.

2.5 Where the rules differ:

Topic	Business clients	Private clients
Extra work above the quote (3.3)	DMD informs the client as soon as practical	DMD asks for approval first, except for safety
Work subcontracted by DMD (5.7)	Limited to the subcontractor’s warranty, enforced by DMD	DMD remains responsible
Warranty on new parts (6.2)	Manufacturer’s warranty, passed on by DMD	Legal guarantee: 3 years
Used or reconditioned parts (6.2.1)	3 months	Legal guarantee: minimum 1 year
Rebuilt engines and generators (6.11)	6 months or 500 hours from installation	Legal guarantee: minimum 1 year from installation
Return transport for warranty parts (6.7)	Paid by the client	Reimbursed by DMD if the claim is accepted
Warranty while invoices are unpaid (6.9)	Suspended until paid	Not suspended
Extra costs during a warranty claim (6.9)	Paid by the client	As Spanish consumer law provides
Fault reported after 14 days (6.5)	Not covered	Legal rights remain
Warranty visits (6.10)	Travel, call-out and expenses charged; work in Palma or at DMD’s workshop	As Spanish consumer law provides
Liability (7)	Capped at 50% of the job’s invoice value (excl. VAT); no lost charter or profits	As Spanish consumer law provides
Late payment (9.5)	1.5% per month + €40 per invoice + collection costs	1.5% per month
Card payment fee (9.3)	2.5% on company or commercial cards	No card fee
Losses caused by delays (7.1)	Not covered, including lost charters	As Spanish consumer law provides
Moving the vessel for warranty work (7.2)	Paid by the client	As Spanish consumer law provides
Time limit for claims (7.3)	12 months from completion of the work	Legal time limits
Courts (11.2)	Palma de Mallorca	The courts the law allows, including their place of residence

All other clauses apply to all clients equally.

3. Quotes and estimates

3.1 Quotes are valid for 10 days from issue.

3.2 A quote is based on the information available when it is issued. The final price may be higher where:

access to the equipment is poor or blocked;
the vessel is out of or back in the water differently from what was planned;
there are delays caused by the shipyard, other contractors, weather, suppliers or manufacturer changes;
the work area is congested or unsafe, or work must stop and restart for crew or other contractors;
additional faults are found, or the client asks for extra work.

3.3 Extra work above the quote:

Business clients: DMD will inform the client as soon as practical.
Private clients: DMD will ask for approval before carrying out work that raises the price above the quote, except where needed to make the vessel safe.

3.4 Unless the quote says otherwise, prices exclude VAT, lifting frames, cranes, travel lifts, shipyard and mooring fees, and work by third parties such as carpenters, hydraulic or metal workers needed to gain access to the engine compartment.

4. Working hours and labour charges

4.1 Normal working hours are Monday to Friday, 08:00–16:00.

4.2 Work at weekends, on Spanish national, Balearic or local holidays, or outside normal hours is charged at the overtime rate in the quote or DMD’s current rate list. Weekend work is charged at double the weekday rate.

4.3 DMD closes for the month of August and over Christmas, with dates confirmed in advance. During closures DMD may not take new work or answer messages. Any warranty or notice deadline that falls in a closure is extended by the length of the closure.

4.4 Labour is charged per person at DMD’s hourly rate from the time work on the order begins. This includes preparing tools, parts and technical data, loading the vehicle, travel to and from the vessel, research, meetings and preparing work reports. Travel time and any minimum call-out charge are shown in the quote or rate list.

4.5 Sea trials requested by the client are charged at the client’s expense, whatever their result.

5. Work and responsibilities

5.1 DMD is responsible for work carried out by its own staff and for the parts it supplies and installs. Work by subcontractors and other third parties is covered by clause 5.7.

5.2 DMD is not responsible for failures of third-party systems that result from modifications or design changes the client, captain or engineer requires DMD to make against DMD’s advice, provided DMD gave that advice in writing.

5.3 DMD does not guarantee the availability or delivery times of third-party parts, and is not responsible for delays caused by couriers, suppliers or manufacturers.

5.4 DMD is not responsible for faults that appear when engines or generators are run at their maximum (100%) load, unless the fault is caused by DMD’s work or parts.

5.5 If the client brings in a third party to carry out work DMD was engaged for, without agreeing it with DMD first, DMD is not liable for that third party’s costs or work, and for that work DMD’s warranty no longer applies.

5.6 Replaced parts are kept at DMD’s workshop for 3 months, then disposed of. The client may ask to have them returned before then.

5.7 Third-party work:

Contracted or arranged for the client: where the client contracts a third party directly, or DMD arranges a third party on the client’s behalf and this is stated in the quote, that third party is responsible for its own work and warranty, and DMD is not.
Subcontracted by DMD, business clients: where DMD subcontracts part of its own work, DMD’s warranty for that work is limited to the warranty DMD obtains from the subcontractor, which DMD will enforce on the client’s behalf.
Subcontracted by DMD, private clients: DMD remains responsible for that work as Spanish consumer law provides.

5.8 Insurance: the client confirms that the vessel is insured for its full value (hull insurance) and that the owner or operator holds third-party liability (P&I) insurance while DMD works on board.

5.9 Recommended work refused: if DMD recommends a repair or the replacement of a part and the client declines, DMD is not responsible for any failure or damage resulting from that decision. DMD will note the refusal on the work report.

5.10 Old and worn equipment: DMD is not responsible for the failure of old, worn or corroded parts or systems that were not part of the agreed work, even if they are connected to or next to the equipment DMD worked on.

5.11 Dismantling risk: seized or corroded bolts, studs, fittings and parts may break when removed. Their replacement, and any extra time needed, is charged to the client.

5.12 Diagnosis: fault-finding and troubleshooting time is charged even if the fault cannot be found, or the client decides not to go ahead with the repair.

5.13 Information from the client: DMD relies on the information given by the client, captain or crew, including running hours, maintenance history and previous repairs. DMD is not responsible for problems caused by incorrect or incomplete information.

5.14 Cancelled orders: parts or materials ordered for the client and then cancelled are charged to the client if they cannot be returned, together with any supplier restocking or return fees.

5.15 Right of retention: DMD may keep removed parts, engines, generators or other equipment in its possession until all invoices for the work are paid in full.

5.16 Equipment left with DMD: equipment not collected within 30 days of DMD’s notice that it is ready is charged storage at DMD’s current rate. If equipment remains uncollected or unpaid 6 months after that notice, DMD may, after a final written notice, sell or dispose of it and apply the proceeds to the amounts owed.

5.17 Personal belongings: the client and crew must remove valuables and personal items from the work area. DMD is not responsible for them, except for loss or damage caused by DMD’s own negligence.

5.18 Unsafe conditions: DMD may stop work if the working area or conditions on board are unsafe. Waiting time is charged at DMD’s hourly rate.

5.19 Events outside DMD’s control: DMD is not in breach of these terms, and is not liable, for any failure or delay caused by events beyond its reasonable control, including strikes, port or marina closures, severe weather, supply shortages, transport disruption, illness or accidents, and decisions of public authorities.

6. Warranty

6.1 Labour: DMD’s work is guaranteed for 6 months or 1,000 running hours of the equipment worked on, whichever comes first, from the last day DMD’s staff worked on the vessel, as shown in the work report, unless the quote states a longer period. For private clients, the labour warranty is never less than the 3-month legal minimum.

6.2 New parts supplied by DMD:

Business clients: the manufacturer’s warranty, which DMD passes on to the client. DMD gives no additional warranty on the part itself.
Private clients: the legal guarantee for goods, currently 3 years for new goods.

6.2.1 Used or reconditioned parts supplied by DMD (for rebuilt or reconditioned engines and generators, see clause 6.11):

Business clients: 3 months from installation or delivery, unless the quote states otherwise.
Private clients: the legal guarantee for second-hand goods, currently a minimum of 1 year.

6.3 The full warranty applies only to parts supplied by DMD. Parts supplied by the client are installed without warranty on the part itself.

6.4 The warranty does not cover:

regular maintenance and adjustments;
faults in electrical or electronic systems not worked on by DMD;
damage from the exhaust, fuel or other systems connected to the engine, unless DMD worked on them;
damage from misuse, lack of maintenance, or repairs or modifications by people not authorised by DMD;
third-party work, except as set out in clause 5.7.

6.5 How to claim: the client must notify DMD in writing within 14 days of noticing a fault, including photos, the equipment’s model and serial number, and the DMD invoice number. Business clients: a fault reported after 14 days is not covered by the warranty. Private clients: a late report does not remove their legal rights. The client must stop using the affected equipment unless DMD agrees it is safe. Continued use after a claim is at the vessel’s risk.

6.6 Before arranging any third-party repair of work under warranty, the client must get DMD’s agreement, except in an emergency affecting safety.

6.7 DMD will repair or replace defective work or parts, on board or at its premises in Palma de Mallorca. Where a part must be returned for inspection:

Business clients: transport costs are paid by the client.
Private clients: transport costs are reimbursed by DMD if the claim is accepted.

6.8 If a claim is rejected after inspection because the fault is not covered by the warranty, the client pays the diagnosis time, inspection, transport and repair costs. DMD will estimate the repair costs first.

6.9 Payment and extra costs during a claim:

Business clients: warranty claims are suspended while invoices for the work are overdue. Costs arising from a claim (extra dry dock or mooring, travel lifts, sea trials, crew, loss of charter) are not covered.
Private clients: as Spanish consumer law provides.

6.10 Warranty visits and location:

Business clients: warranty work is carried out at DMD’s workshop or on vessels in Palma de Mallorca, during normal working hours. DMD covers the repair itself. Travel time, call-out charges and travel expenses for warranty visits are charged at DMD’s normal rates. If the vessel is outside Palma de Mallorca, the client pays DMD’s travel and expenses, or the cost of bringing the vessel or part to DMD.
Private clients: warranty work is carried out as Spanish consumer law provides.

6.11 Rebuilt and reconditioned engines and generators:

a) Warranty period:

Business clients: 6 months or 500 running hours, whichever comes first.
Private clients: the legal guarantee for reconditioned goods, a minimum of 1 year.

For all clients, the warranty starts on the installation date shown in DMD’s work report, whether or not the vessel is used.

b) Commissioning: the engine or generator must be commissioned by DMD (first start, alignment and sea trial). If the client does not allow DMD to commission it within 30 days of installation, DMD is not responsible for faults arising from that point.

c) Laid-up vessel: while the vessel is not in use, the client must preserve the engine or generator as DMD advises, including fogging or regular turning over, correct coolant and antifreeze, battery care and closed seacocks. The warranty does not cover corrosion, seized parts or water damage caused by lack of preservation.

d) Running-in and first service: the first oil and filter change at 50 running hours must be carried out by DMD, or the warranty ends. The client must keep a maintenance log and show it when making a claim.

e) Exclusions: the warranty does not cover damage caused by overheating, water entering the engine (hydrolock), contaminated or incorrect fuel or oil, lack of maintenance, or by parts and systems not rebuilt by DMD, such as the heat exchanger, turbocharger, exhaust elbow, raw water pump or gearbox, unless they were part of the agreed work.

f) Records: DMD records the serial number, installation date, running hours and test readings in the work report. These records are used to assess any warranty claim.

7. Liability

Business clients: DMD is not liable for loss of charter, profits, revenue or use of the vessel, delays, crew wages, berth, mooring or shipyard fees, the cost of moving or transporting the vessel, or any other indirect or consequential losses. DMD’s total liability for any job is limited to 50% of that job’s invoice value, excluding VAT.
Private clients: DMD is liable as Spanish consumer law provides.

For all clients, nothing in these terms limits DMD’s liability for death or personal injury caused by its negligence, for intent or gross negligence, or any other liability that cannot be limited by law.

7.1 Delays: completion dates and times given by DMD are estimates, not guarantees. DMD is not responsible for delays caused by parts availability or delivery, weather, the shipyard or marina, other contractors, crew, hidden faults found during the work, or changes requested by the client.

Business clients: DMD is not liable for any loss or cost caused by a delay, including lost charters.
Private clients: as Spanish consumer law provides.

7.2 Moving the vessel: the client is responsible for, and pays, any movement of the vessel needed for the work, including navigation, towing, delivery crew, lifting, haul-out, launching, travel lift, crane and berthing, and any transport of the vessel to or from a shipyard or marina. This also applies to warranty work for business clients. DMD does not move or navigate vessels. During sea trials the captain remains in command of, and responsible for, the vessel.

7.3 Time limit for claims: Business clients: any claim against DMD must be made in writing within 12 months of the completion of the work, or it is lost. Private clients: the time limits set by law apply.

8. Work outside Mallorca

8.1 DMD is not obliged to work outside Mallorca, but may agree to do so in writing.

8.2 Work outside Mallorca, worldwide, is charged per person per day, including travel days. Travel, accommodation, meals and taxis are paid by the client. Weekend overtime is charged extra.

9. Payment

9.1 Invoices are due within 30 days of the invoice date, unless the quote states a different term. For parts or materials above €1,000, or special orders, DMD may require payment in advance before ordering, and may suspend work until it is received.

9.2 Bank transfer fees are paid by the client.

9.3 Card payments:

Business clients: payments with a company or commercial card carry a 2.5% card fee, which does not exceed DMD’s cost of accepting the card.
Private clients: no card fee is charged.

9.4 Costs of third parties that DMD arranges at the client’s request are invoiced to the client.

9.5 Late payment:

Business clients: overdue amounts accrue late-payment interest of 1.5% per month, calculated daily from the due date, plus a fixed €40 compensation per invoice and any further reasonable collection costs.
Private clients: overdue amounts accrue late-payment interest of 1.5% per month, calculated daily from the due date.

9.6 All parts and materials remain DMD’s property until paid in full.

10. Complaints

Please send complaints to info@dynamicmarinediesel.com and DMD will reply within 15 days. Private clients may also ask for an official complaint form (hoja de reclamación), available at our workshop.

11. Law and jurisdiction

11.1 These terms are governed by Spanish law.

11.2 Courts:

Business clients: the courts of Palma de Mallorca.
Private clients: the courts the law allows, including those of their own place of residence.

11.3 DMD may seek the arrest of a vessel, or other interim measures, in any country where the vessel is located, under the applicable law or international convention.

12. Language

These terms are available in English. A Spanish version may be provided on request.