VIKING general conditions for exchange and service of products In case of any discrepancy or inconsistency between the Contract and these General Conditions, the Contract shall prevail . 1. PRODUCT INFORMATION 1.1. Only information and data included in the Contract are binding upon VIKING. 1.2. Any non-public information, intellectual property rights and knowhow pertaining to the Products, including but not limited to drawings, descriptions, manuals and all other technical documents, is and shall remain the exclusive property of VIKING. Any such information shall not be copied or disclosed to a third party by the Buyer or used for purposes other than the purposes intended by VIKING when the information was made available. 2. DELIVERY Any trade term set forth in the Contract shall be construed in accordance with INCOTERMS 2020. Deliveries will be DAP from ports listed in the portlist of the agreement. 3. TERMINATION Except for the circumstances under which this Agreement may be terminated in accordance with Section 18 hereof, this Agreement is a non-cancellable agreement. 4. RULES AND REQUIREMENTS Any rules and/or requirements applicable in respect of the Products shall be expressly referred to in the Agreement in order to be binding between the Parties The Buyer bears the risk of any amendments to such rules and/or requirements after the execution of the Agreement. In the event that such rules and/or requirements are amended after the execution of the Agreement, VIKING may make reasonable efforts, if so requested by the Buyer, to change the Products accordingly, subject to an adequate adjustment of the price. Notwithstanding this, VIKING shall in no event be obliged to make such change. 5. PRICE AND PAYMENT 5.1. VIKING shall be entitled to interest on any late payment from the day on which payment was due. The rate of interest shall be one per cent (1 %) per month or fraction of a month. In the event of late payment by the Buyer, VIKING may at its discretion suspend performance of any of its obligations under any Contract with the Buyer until payment in full has been effected, or terminate the Contract and claim damages. It is Buyer’s responsibility to provide VIKING with a Purchase Order (PO) number, if such is requested from Buyer to be stated on the invoices. Buyer shall confirm the PO number in due time for processing of the invoice, otherwise VIKING is entitled to send an invoice with reference to the agreement number of the contract. 5.2. Where goods are ordered by an agent on behalf of a principal, whether named or unnamed, the agent irrevocably and unconditionally guarantees as a primary obligor (and not merely as a surety) to VIKING the due performance by the principal of the obligations of the principal. Page 1 of 4 5.3 Notwithstanding any provision herein to the contrary. VIKING reserves the right to adjust the contractual fee to account for any extra costs incurred by VIKING as a result of any technical modifications to the existing Product(s) under the Agreement or legal requirements to supply Product(s), imposed on VIKING and/or the Ship, by any applicable rules or regulation, local authorities, or any other Flag State Requirements or requirements of any Classification Society, which has the effect of increasing the costs to VIKING of supplying Products to Shipowners. Such fee increase shall be effective from any such modification and/or new Products are delivered to Buyer’s Ship(s). 6. RETENTION OF TITLE AND PLEDGE 6.1. VIKING shall retain title to all Products delivered by VIKING until payment in full of the purchase price and all other outstanding claims has been received by VIKING, even if such claims arise out of previous transactions. Claiming retention of title shall not be considered a termination of the Contract and shall not release the Buyer from its obligations, including but not limited to its obligation to effect payment in full. 6.2. The Buyer grants to VIKING a first ranking pledge and a lien in all products handed over to VIKING for maintenance and/or service by the Buyer or its agent for all claims for payment for work and services performed by VIKING with respect to such products. If VIKING’s outstanding claims are not settled in due time, the title to the relevant products shall pass to VIKING who shall be entitled to deduct the value of the products from its outstanding claims against the Buyer. 7. ARRANGEMENTS FOR EXCHANGE AND SERVICE 7.1. In connection with Servicing and Inspection as aforesaid, the Ship shall co-operate with VIKING, and shall whenever necessary grant VIKING and VIKING’s agents and employees access to enter the Ship. If the Buyer use or recommend local port agents to be used, they shall be at free disposal for VIKING in relation to arrange and carry out the exchange or service. It is the responsibility of the crew of each Ship at no charge for VIKING to arrange the offload/onload of the Products by means of the vessel store crane or similar means to/from the pier and to assist the service technicians in connection with exchange of Products. 7.2. The Buyer and/or the Ship shall immediately and, in any event, within 48 hours, notify VIKING if any Exchange and/or Service cannot be accomplished given the Ship’s sailing plan in the port in question. If such notice is not given, and the Exchange or Servicing cannot be completed as planned, the Buyer shall pay VIKING any additional costs that VIKING incurs as a result, notwithstanding any provision of Sections 7 or 13 hereof to the contrary. 7.3. If the Ship alters destination subsequent to VIKING's notification to the Ship about the time for Exchange or Servicing of the Products, and spare parts, supplies or Products have been shipped from VIKING’s warehouse to the port in question, then the Buyer shall pay to VIKING any extra costs VIKING may incur 25.05.2023
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