Geschäftsbedingungen

General Terms & Conditions

 

Subject to agreement as to the Services, as set out in Clause 3 below, the following terms and conditions together with the details overleaf shall constitute the entire terms and conditions between the parties hereto (hereunder called the "Agreement") and shall supersede and override all other warranties, representations and terms and conditions whether express or implied, oral or written, including the Client's standard terms.

 

 1.Definitions

"Client" means the party at whose request or on whose behalf the Company provides services. 

 “Company” means Maritime Technical Superintendency SASU and all respective sister and/or daughter companies.  

"Disbursements" means the cost of all reasonable photography, reproduction of drawings, diagrams, sketches and printing, duplicating and, where applicable, electronic transmission fees, and all reasonable and appropriate expenses including travel, refreshments and hotel accommodation where an overnight stay is necessary. Office charges are scaled to invoice value. 

"Fees" means the fees charged by the Company to the Client and including any value added tax or equivalent where applicable and any Disbursements. 

"Report" means any report or statement supplied by the Company in connection with instructions received from the Client. 

Subject to any contrary definition of the Services which may be agreed in accordance with clause 3 hereof, “Services” means the services identified on the front of this Agreement. 

 

Scope
The Company shall provide the Services solely in accordance with these General terms and conditions. The Company will provide the Services utilising the knowledge of Maritime Technical Superintendency and its registered partners in accordance with Maritime Technical Superintendency philosophy.
 

Services
The Client will set out in writing the services which it requires the Company to provide. The Company will confirm in writing acceptance of those instructions, or alternatively, what services the Company is willing to perform in accordance with the Client’s instructions. An initial dialogue with the Client may be necessary, prior to the issue of written instruction, to enable the Company to fully understand and set out the scope of the Services. 

In the event that it is intended that any vessel inspection or survey report is to be used, or relied upon by a third party, in order to make a decision on or to provide money for, the purchase of a vessel then these General Terms & Conditions shall not apply and the Company shall issue an Engagement Letter type of contract with different terms and conditions and different fees which shall apply in place thereof. In such circumstances the Client shall not be entitled to use any report issued by the Company in any way until such Engagement Letter has been signed and returned by the Client. Even then, any disclosure of the report to a third party shall be subject to the restrictions and further requirements of the Engagement Letter. 

 

Variations
Once the Company and the Client have agreed what services are to be performed; any subsequent variations must be promptly agreed in accordance with a procedure agreed between the parties. This shall be the means of a contract variation form specifying technical and commercial details, any variation of the delivery date and/or the deliverables as well as any additional costs involved. In the event of any delay in the Client signing the contract variation form, the Company shall be entitled to stop work until the contract variation has been signed and returned to the Company. Email confirmation will be accepted in lieu of a signed agreement. 
 

Effectiveness and Validity of General Terms and Conditions
These GeneralTerms & Conditionsshall take effect on the earliest of the following events:

(i) When the Client acknowledges receipt of the Terms, and/or the Company accepts the full work scope, as instructed by the Client and both parties have signed this Agreement. 

or: 

(ii) When the performance of the work has commenced by the Company, unless the Client objects to these terms within TwentyFour (24) hours of the Company starting to provide the Services. 

These GeneralTerms & Conditions will remain Valid for an undetermined time and any changes to these General Terms & Conditions Validity and/or Content are to be requested Three (3) Months prior anniversary date of the signed document.
 

Fees
If practical, the Company may agree at the outset a fixed fee (net of VAT and disbursements) with the Client. If not practicable, the Company will offer to perform the work on an daily rate. The Company reserves the right to increase its daily rates at any time and shall give the Client reasonable notice of such increase. Where delays by the Client cause the Services to be extended beyond the time specified or the time originally anticipated, then the cost of the Services charged to the Client may be increased with 750 up to 1000 euros per day delay pending the function, excluding expenses and hardship fees related to the region (or local currency equivalent). 

 

Appendix A; 2019 – Tariff Rates for Port Engineer

Appendix B; 2019 – Tariff Rates for Superintendency

Appendix C; 2019 – Tariff Rates for Project Management

Appendix D; 2019 – Tariff Rates for Inspections

 

Expenses
Unless otherwise agreed, the Company shall charge for legitimate expenses and disbursements incurred in connection with the Services plus a 10% administrative fee. These may include travel and subsistence costs, reproduction of drawings, photography, courier charges and the hire of specialised equipment. Car mileage will be charged at €0.75 per KM (or local currency equivalent). 
 

Appendix A; 2019 – Tariff Rates for Port Engineer

Appendix B; 2019 – Tariff Rates for Superintendency

Appendix C; 2019 – Tariff Rates for Project Management

Appendix D; 2019 – Tariff Rates for Inspections

 

Payment Terms 
(a) The Client shall pay the Company’s fees (together with any associated bank charges) punctually and in any event not later than FourTeen (14) days following the relevant invoice date. If any part of an invoice is genuinely in dispute, the Client shall notify the Company immediately upon receipt of invoice as to any part of the invoice which is in dispute giving full reasons as to why a portion of the invoice is disputed and nevertheless pay the undisputed part within FourTeen (14) days of the invoice date. The parties shall endeavour to resolve the disputed portion without delay. The Company shall be entitled to charge interest on a daily basis at the rate of 8% above the LIBOR rate per month on any overdue invoice or on any undisputed part thereof as appropriate. In any case where an invoice is more than Thirty (30) days overdue, the Company may stop work or withhold any deliverables on the contract which relates to the overdue invoice. 

(b) Without prejudice to any rights of recovery which the Company might have against a third party, the Company shall treat the Client identified in the signed Agreement as the person responsible for paying for the work done, therefore the Company shall not need to be concerned as to whether the Client considers itself to be principal or agent nor shall the Company need to concern itself as to whether the Client is, or is not, paid by a third party. 

(c) If the Company's advice or Services relate to a claim or a defence which may result in protracted discussions and/or litigation or any other protracted matter, the Company will submit interim invoices or pro forma invoices at regular intervals. 

(d) Unless the Client can clearly show that the Company has performed its duties or the Services negligently, the Client must pay in full even though the outcome of negotiations, arbitration or legal proceeding was worse than the Client's expectations, or not in the Client's favour. 

 

Invoicing terms;

Short Term (<30 working days) Service[aV1]at Day rate or Lumpsum Fee (including expenses) will be invoiced at;

100% at completion of Services Provided
Long Term (>30 working days) Service at Day rate or Lumpsum Fee (including expenses) will be invoiced at;

100% of the worked month at the end of the month or at completion of Services Provided whichever comes first.
Lump Sum Quoted Projects with a valued Service Fee higher than € 50,000.-- will be invoiced at;

10% at Contract Signing
30% at 1/3rdof the initial estimated Project Completion time
30% at 2/3rdof the initial estimated Project Completion time
30% at 3/3rdof the initial estimated Project Completion time
Balance if any at actual Project Completion

Additional Expenses not included in the Lump Sum Fee will be invoiced Monthly unless agreed otherwise.
 
Obligations and Responsibilities 
(a) Client 

The Client undertakes to i) ensure that full information and instructions are given to the Company and in sufficient time to enable the required services to be performed effectively and efficiently; ii) procure all necessary access for the Company’s staff to goods, premises, vessels, installations and transport and iii) ensure that all appropriate safety measures are taken to provide safe and secure working conditions. 

All information made available, or likely to be made available, to the Company is or will be deemed to be reliable and accurate and may not significantly mislead the Company. The Company shall rely on this information and shall not verify the accuracy and completeness of said information or the supporting documents supplied, unless the information provided is clearly inaccurate or not exhaustive and must be reported as such to the Client.

The Client agrees to actively cooperate on a regular basis during the performance of this Agreement and the General Terms & Conditions.

The Client shall be responsible for determining whether the definition and scope of the Services stipulated in the Agreement and General Terms & Conditions cover its need and the Client shall be solely liable for the results that must be obtained from the use of the Services.

The quality of the Services provided by the Company shall depend on the Client’s compliance with its obligations. In light of the non-compliance by the Client with its obligations, the Company and the Client may enter into a supplemental agreement setting out new terms and conditions for the performance of the Services.

If the Client becomes aware of any claim or circumstances which might involve litigation or arbitration concerning or connected with the subject matter of this Agreement, the Client shall inform the Company immediately.  

(b) Staff 

The Company shall procure that its staff shall use reasonable care and skill in the performance of the Services in accordance with good marine surveying/consulting practice. 

(c) Reporting

The Company shall procure that its staff shall submit interim reports, site situation reports and a final report to the Client during and following completion of the agreed services describing the findings, assessments and inspection relating to the purpose of the Client's instruction, unless otherwise expressly instructed by the Client not to do so. 

(d) Confidentiality 

Neither Party shall disclose the Confidential Information of the other Party to any other party for the duration of this Agreement and for 3 years after termination except as permitted below. A Party may disclose the Confidential Information to any employee, sub-contractor, or adviser, of the receiving Party where necessary to provide the Services.

Confidential Information means information or documents which the Company receive or produce for the purposes of providing the Services, and which are marked confidential or are manifestly confidential.

Confidential Information shall not include information that:
(i) is publicly available other than through breach of this Agreement;
(ii) is lawfully in the possession of the receiving Party before disclosure under this Agreement;
(iii) has been obtained from a third party who is free to disclose it;
(iv) is independently developed without access to the Confidential Information; or
(v) a Party is required to disclose by law or regulatory authority.

(e) Intellectual Property 

Ownership rights to intellectual property resulting from the performance of the work created by the Company (“Report”) shall vest in and remain the property of the Company.

The Client shall be entitled to use the Report pursuant to a licence that enables it to use said the Report in accordance with this clause, under which it shall also qualify for an exclusive and non-transferable license to use Report for its internal use and solely for the purpose for which they were provided.

The Client hereby agrees not to provide copies of the Report to third parties, unless previously authorised in writing by the Company to do so or to a third party for whose benefit the instruction/contract was specifically commissioned and clearly named in the Agreement and/or Purchase Order of the Services.

(f) Conflict of Interest

 The Company shall promptly notify the client of any matter, including conflict of interest, which would render it undesirable for the Company to continue its involvement with the appointment. The Client shall be responsible for payment of the fees due, to the Company up the date of notification. 
 

Liability
(a) Unless explicitly agreed & documented, All the tasks are performed by the Port-Engineer/ Superintendent/ Surveyor/ Consultant of the Company under the responsibility of the Client. The Client shall therefore Insure that he has contracted the proper insurance for the Health & Safety as well as civil liability for the account of the Surveyor/Consultant/Project Manager of the Company.

(b) In no event the Company will be liable to the Client, whether in contract, negligence, or otherwise, for any amount in excess of :
i) the total professional fees paid by the Client to the Company under the terms of these General Terms & Conditions
or
ii) 100.000 euros (or local currency equivalent), whichever is the higher. 

(c) Where there is more than one client, the limit of liability specified in clause (b) above will have to be allocated between clients. Such allocation will be entirely a matter for the clients, who will be under no obligation to inform us of it; if for whatever reason no such allocation is agreed, no client will dispute the validity, enforceability or operation of the limit of liability on the grounds that no such allocation was agreed.

(d) Subject to the aggregate limit of liability specified in clause (b) above, any liability the Company may have in connection with the Services (whether in contract, negligence or otherwise), will be limited to that proportion of Client’s actual loss which was directly and solely caused by the Company or, where the loss was caused by a number of persons, is proportionate to Company’s degree of responsibility taking into account the responsibility of all who contributed to loss of Client (whether or not they are able to meet any liability they may have to the Client).

(e) Any exclusion or limitation of liability of any person is only valid to the extent that it:
i) does not arise from death or personal injury,
ii) may by law be excluded or limited, and
iii) does not arise from fraud or dishonesty of that person.

This clause does not in any way confer greater rights than the Company or the Client would otherwise have at law.

(f) In the event that the Services involves the survey of a vessel or any work or services to or concerning a product or article any of which contain latent defects which were not apparent at the time that the vessel was surveyed and could not reasonably have been expected to have been discovered by such survey (either by reason of lack of access to a vessel part, limited availability of time or otherwise) then the Company shall have no liability therefor.  

(g) In any event, and notwithstanding anything contained in this Agreement, in no circumstances shall the Company be liable, in contract, tort (including negligence or breach of statutory duty) or otherwise, howsoever, and whatever the cause thereof; 
i) for any increased cost or expenses (except in respect of non-conforming work, where the Company's liability shall be limited in accordance with sub-clause (a) above). 
ii) for any loss of profit, business, contracts, goodwill, revenues, or anticipated savings, or; 
iii) for any special indirect or consequential damage of any nature whatsoever (other than direct physical damage to tangible property where the Company’s liability shall be limited in accordance with sub-clause (b) ii) above). 

 

Time Bar
Any claims against the Company shall be deemed to be waived and absolutely time barred upon the expiry of five (5) years from the submission date of the report to the Client. 

 

Breach 
(a) The Company or the Client may without prejudice to any other rights it may have hereunder terminate this Agreement forthwith by giving notice in writing to the other party. 

i. In the event of war, hostilities, civil war, rebellion, revolution, insurrection or other disturbance occurring in the Client’s or Company’s country or at a location where the work is to be performed. 
ii. If the other party shall commit any material breach of the terms of this Agreement on its part to be observed or performed. 

iii. If the other party compounds with or negotiates for any composition with his creditors generally or permits any judgement against the said “other party” to remain unsatisfied for 7 days. 

iv. Being a company, the Clientor Companyshall call a meeting of its creditors or to have a receiver appointed over all or any of its assets or enter into any liquidation. 
v. Being an individual, the Clientshall die or have a receiving order made against them or become bankrupt. 

(b) In the event that the Client shall be in breach of its obligations under this Agreement, the Company shall have the following options:
(i) without prejudice to its entitlement to claim compensation for all work done (including work in progress) for all costs irrevocably incurred and for loss of profits, to terminate this Agreement by giving Fourteen (14) days’ notice in writing to the Client of its intention so to do
OR
(ii) alternatively to claim compensation from the Clientin respect of the breach and in respect of any additional costs incurred as a result thereof and an extension of time to complete the Services where appropriate
OR
(iii) to renegotiate this Agreement. 

 

Suspension
In the event of a suspension of this Agreement for reasons of breach by the Client, force majeure or for the convenience of the Client, the Company shall be entitled to payment by the Client of the following costs: 

The full costs of laying off (and re-hiring if necessary) any employees and consultants employed or hired specifically for the purposes of this Agreement such full costs to include any costs which the Company has necessarily paid to an employment agent. 
The costs irrevocably committed relating to the period of suspension by subcontractors, under a subcontract which relates to this Agreement 
Any other costs which the Company or its employees or agents have irrevocably committed in respect of the period of the suspension. 
Loss of the Company’s anticipated profit under this Agreement for the period of the suspension 
Without prejudice to its rights hereunder the Company shall be entitled, at its option but shall not be obliged, to give notice of termination of this Agreement if any period of suspension continues for a period of more than Thirty (30) days. 

 

Termination
In the event of termination of this Agreement for any reason whatsoever, the Company shall be entitled to payment by the Client for all irrevocably committed costs associated with the Services. Unless otherwise specified and agreed in writing, the term “irrevocably committed costs” shall include but not be limited to the following items: 

the cost incurred to the end of period of notice in developing any Services 
the full cost, including overhead, of employing and/or hiring any employees/contract staff specifically for the purposes of and for the period of the said Agreement. 
the full costs of terminating the employment of or laying off of any such employees, 
the costs of buying and/or hiring any materials, goods, plant, machinery or equipment specifically for the purposes of this Agreement, 
the costs irrevocably committed by subcontractors specifically for the purposes of this Agreement- even if this commitment extends beyond the expiry of the period of notice 
recovery of the costs of all Services properly completed and delivered to the Client. 
recovery of the costs of Services completed but not yet delivered and work in progress 
recovery of any costs irrevocably committed by the Company even if this commitment extends beyond the expiry of the period of notice 
recovery of any monies due to the Company
any removal costs or setting up costs 

Force Majeure 
(a) The Company shall not except as otherwise provided in these General Terms & Conditions, be responsible for any loss, damage, delay or failure in performance resulting from any of the circumstances defined in sub-clause “(b)” below or by the occurrence of a force majeure event as defined by standard case law.

(b) The Company shall be excused from the performance of any of its obligations under this Agreement if and in so far and for so long as such performance is delayed or prevented by the Client's acts or omissions (including, but not limited to failing to provide timely information, supplying incomplete or defective information, delaying the Agreement and/or Project start date, failing to provide material or facilities required by this Agreement), or by circumstances beyond its reasonable control including but not limited to delays on the part of Classification Societies or other bona fida bodies in granting or giving approval to any documentation or inspection or survey which requires approval, strikes, lock-outs or labour disputes of any kind (whether relating to its own employees or others), fire, flood, explosion, natural catastrophe, military operations, blockade, sabotage, revolution, riot, civil commotion, war or civil war, adverse weather conditions or prolonged power failure. 

(c) In conducting any survey, the Company shall rely in good faith upon any information with which it is provided by any ships broker or yacht broker and /or any Classification Society or bona fida third party body and/or upon the instructions and information received from any apparently authorised employees or agents of the Client and the Company shall not be liable in respect of any act or omission or failure to advise or comment upon any matter which falls outside the scope of the Services or for any recommendation based upon the information or instructions with which it has been provided directly or indirectly by the persons or organisations referred to above.

 

Insurance 
The Company maintains normal insurance policies for the kind of risks which it undertakes, appropriate to the size of the Company, including insurance required by law as well as Professional Indemnity Insurance. 

 

Sub-contracting and Assignment 
The Company may sub-contract any of the Services provided under these conditions, subject to the prior client’s information.  In the event of such a sub-contract, the Company shall remain fully liable for the due performance of its obligations under these General Terms & Conditions. 

This Agreement may not be assigned in whole or in part by the Client without the specific written approval of a director of the Company which will not be unreasonably withheld. 

 

Relationships with other clients
 The Company can provide services to other clients, some of whom may be in competition with the Client or have interests which conflict with the Client. The Company will not be prevented or restricted by virtue of the relationship with Client under these General Terms & Conditions, from providing services to other clients, but the Company will not use confidential information for the advantage of such clients. Similarly, the Company will not use to advantage of Client information received in confidence in connection with another engagement.
 

Personal Data
 In accordance with the provisions of the Data Protection Act n°78-17 of 6 January 1978 modified, the personal data included in the files are protected by law. Anyone is entitle to access, correct and object to the data under the conditions provided by law.

 

Document retention
The Company shall retain all data, correspondence, documents and records that have a bearing on the Services provided to the Client for a period of Five (5) years after completion of the Services. The Client will be given the right to have their own disclosed documentation returned by the Company at the Client’s cost or destroyed upon completion of the Service. 
 

Privacy of Contract
This Agreement is intended to be a private contract between the parties hereto and it is not intended to confer any rights of enforcement on any third party (other than on a permitted assignee to whom it is actually assigned) even if any of the contract terms purport to confer a benefit on such a third party. 

 

Alterations 
Any alteration to these General Terms & Conditions shall not be effective unless agreed in writing by both parties.

 

 Severability 
If any part of these General Terms & Conditions is found by any court or authority of competent jurisdiction to be illegal, invalid or unenforceable, then that provision shall, to the extent required, be severed and shall be ineffective, but shall not affect any other provision of these General Terms & Conditions which shall remain in full force and effect. 
 

Governing Law - Jurisdiction
This Agreement shall be governed by and construed in accordance with French Law.

The Parties shall keep each other informed in relation to any difficulties resulting from the interpretation or performance of this Agreement and take all steps to resolve them. The Parties undertake to resolve amicably any disputes relating to the validity, interpretation or performance of this agreement. 

In the absence of an amicable agreement, any dispute concerning the validity, interpretation or performance of this Agreement will be submitted to the Tribunal de Commerce de MARSEILLE, exclusive jurisdiction over the Company registered headquarters.

Nothing herein shall prevent the Company from enforcing in any country an award made by the above exclusive jurisdiction.

 

These General Terms & Conditions are valid as of the date stated below verification & acceptance by the company’s representative and remain valid unless an updated version is provided prior to and/or with the Quotation send.

(NB; pending the client and/or the project we are willing to modify the terms & conditions in an project or client specific document) 

Reviewed and accepted For and On Behalf of the “Company”

 

Name              -          Willem de Haan

Company        -          Maritime Technical Superintendency SASU

Function         -          Managing-Owner 

Date Signed    -          01/01/2019, Marseille

Purchase Terms & Conditions

 

Subject to agreement as to the Supply of Goods and/or Services, as set out below, the following terms and conditions together with the details overleaf (Purchase Order) shall constitute the entire terms and conditions between the parties hereto (hereunder called the "Agreement") and shall supersede and override all other warranties, representations and terms and conditions whether express or implied, oral or written, including the Supplier's standard terms. 

 

Definitions 
“Company” means Maritime Technical Superintendency SASU, registered at the court of Marseille, FRANCE under Siret No. 824 556 559 00022and all respective sister and/or daughter companies currently existing or any venture founded in the future either Fully and/or Partly Owned and/or part of any form of official co-operation which will be added to the annex A in due time  

"Supplier" means asupplier and/or service provider from which the Company obtains Goods and/or Services or with which the Company places an(other) order.

“Services” means all work and/or services to be provided by the Supplier for the Company under the Agreement, whether or not in connection with the delivery of Goods.

“Goods” means all works, items, materials and other goods to be delivered by the Supplier to the Company under the Agreement, including parts, certificates, documents, computer software and the like, as well as all work and services associated with this delivery.

“Agreement” means all requests, offers, agreements and resulting obligations whereby the Company obtains Goods and/or Services from the Supplier or places an(other) order with this Supplier.

“Business Premises and/or Property” any and all locations either Owned, Rented or Used by the Company and/or it’s clients or any 3rdparty (not being the Supplier) involved in the Project at any given time.

 

Applicability
These Purchase Terms and Conditions of Purchase shall apply to all Agreements with the Supplier.

The applicability of the Supplier’s general terms and conditions is explicitly rejected by the Company.

 

Prices and Term of Delivery
The agreed prices for the Goods and/or Services to be delivered are fixed, exclude VAT and are based on the term of delivery “Delivery at Place” (DAP) to the agreed place of delivery according to the version of INCOTERMS in force at the moment the order is placed, without prejudice to the provisions of these terms and conditions. Circumstances that increase costs, which come up or arise after the Agreement has been established, shall be and shall remain at the Supplier’s expense.

Unless explicitly agreed otherwise, all prices include sufficient packaging for transport and also include the delivery of all parts, accessories and aids that belong with the Goods, as well as all corresponding documentation (such as drawings and quality, test, warranty and classification certificates, as well as maintenance handbooks, instruction books and manuals). The Supplier shall only be deemed to have completed the delivery once it has placed the Goods to be delivered at the Company’s disposal and it has made the corresponding additional deliveries as well.

In the event of changes and/or additional work, the Supplier shall not be able to derive any right to adjust the agreed price unless this has been agreed explicitly in writing in the manner indicated in article 8.

The Agreement may stipulate that (some of) the work and/or services shall be performed at rates stated in the Agreement. The agreed rates are fixed, cannot be increased and exclude VAT. Any reimbursement of travel and accommodation expenses as well as hours spent travelling that are not included in the agreed rates must be agreed by the parties separately in writing in any case those expenses shall justified with receipts of actuals and cannot be increased by more than 5% Administrative fees.

 

Delivery-Time & Agreed Deadlines
The agreed implementation/delivery deadline in respect of (parts of) the performance to be rendered by the Supplier shall be of fundamental importance. If the Supplier misses the agreed (partial) implementation/delivery deadline, it shall automatically be in default without further notice.

At the Company’s first request, the Supplier shall provide an implementation schedule setting out, among other things, the start and completion times for each successive part of the work and also the staffing level. This implementation schedule shall form part of the Agreement once it has been approved by the Company.

As soon as the Supplier is aware or ought to be aware that it shall fail to perform the Agreement on time or in the proper manner, it must report this to the Company in writing within 24 hours, stating the reasons.

In the event that the Supplier has missed a final (partial) implementation/delivery deadline or is unable to make an agreed readiness or delivery date, and also in the event that it is clear that such a date shall not be managed, the Company shall be entitled to terminate the order and/or claim compensation in accordance with article 16.

The Supplier shall issue progress reports, which clearly show the current situation, on a periodic basis as desired by the Company.

The Supplier and its suppliers and subcontractors shall be obliged to do everything they possibly can to make up any delay that occurs. Any extra costs for measures to make up delays and any damage or loss sustained by the Company shall be borne by the Supplier.

If the Company requests the Supplier to postpone the delivery, the Supplier shall insure the Goods and store them in a safe place, in adequate packaging and in a manner that enables them to be identified as destined for the Company. In that case, the Company shall agree reasonable compensation for this with the Supplier.

The Company may, at its sole discretion, in cases of late performance, charge the Supplier a delay penalty of 2% of the total value of the contract for every new calendar week, or part thereof, that the Supplier continues to delay in meeting the implementation/delivery deadline, subject to a maximum of 10% of the total contract value, without prejudice to the Company’s right to dissolve the Agreement in part or in full by written declaration after 5 calendar weeks have passed and without prejudice to the Company’s right to compensation, in addition to the penalty, for the full damage or loss that it has suffered as a consequence of the late performance.

 

Packing
The Goods must be packaged adequately and labelled as prescribed by the Company. The Supplier shall be liable for all damage or loss caused by unsatisfactory packaging.

The packaging must also (where necessary) be furnished with special handling instructions that at least satisfy legal requirements.

The Company shall, at all times, be authorised, but not obliged, to return packaging materials to the Supplier at the latter’s expense and risk.
 

Ownership
Title of Ownership of the Goods shall pass from the Supplier to the Company at the moment of actual delivery.

The Company is authorised to demand that ownership of the Goods and/or of the designated materials and parts be transferred to the Company at an earlier time and that the written documents needed for this purpose be presented. In that case, the Supplier shall label the Goods and/or the designated materials and parts as the identifiable property of the Company and shall indemnify the Company against any loss or damage and against the exercise of third-party rights.

 

Recourses
The Supplier shall procure or produce all tools, materials, drawings, calculations, models, diagrams, templates, computer software, instructions, specifications and other aids, including hand tools and personal protection equipment, necessary for its performance under the agreement.

Any materials, drawings, models, templates, diagrams, computer software, instructions, specifications and other aids provided by the Companyor purchased or created by the Supplier at the Company’s expense shall remain the company’s property or shall become the Company’s property at the moment of purchase or creation.

The Supplier shall be obliged to label the materials, drawings and other aids referred to in paragraph 2 of this article as the identifiable property of the Company, to keep them in good condition and to insure them at its expense against all risks for as long as the Supplier acts as holder in respect of these aids.

The Supplier shall not use (or arrange use of) the materials, drawings and other aids referred to in paragraph 2 of this article for or in connection with any purpose other than the delivery to the Company, unless the Company has consented to this beforehand in writing.

The Supplier shall give the materials, drawings and other aids that the Company has provided back to the Company in good condition once the order has been completed. The Company shall be entitled to withhold a sum from the payments to the Supplier until this return delivery has taken place.

 

Changes 
the Company shall be entitled, at all times, to demand a change to the scope and/or quality of the Goods and/or Servicest o be provided, or some other change to the Agreement.

The Company shall be entitled, at all times, to demand a change to the scope and/or quality of the Goods and/or Services to be provided, or some other change to the Agreement.

If, in the Supplier’s opinion, this shall have consequences for the agreed fixed price and/or the implementation/delivery deadline, the Supplier shall (prior to putting the change into effect) inform the Company of this in writing as soon as possible and at the latest within 5 working days of the announcement of the required change.

If the Company accepts the written statement by the Supplier, as referred to in the preceding paragraph, the parties shall record the change in a change agreement. Change agreements are numbered consecutively. Changes are implemented in accordance with the Agreement; they form part of it.

If, in the Company’s opinion, the consequences indicated by the Supplier for the price and/or the implementation/delivery deadline are unreasonable or unacceptable, the Company shall be entitled to rescind the Agreement in part or in full by sending a written notice to the Supplier, unless this would clearly be unreasonable in view of the circumstances. Rescission under this paragraph will not give either party a right to compensation for any damage or loss.

The Company may, at its sole discretion, decide to waive its option to dissolve the Agreement under the previous paragraph in that case, the Company may instruct the Supplier to put the change into effect and, in that case, the Supplier shall immediately implement the change desired by the Company. The extra costs, as well as the savings brought about by the change, shall be settled reasonably and fairly.

Invoicing & Payment 
Invoices must state the Company's Purchase Order number, to be fully specified according to the Company's instructions as well as to the legal requirements in force.

Payment shall be made within Sixty (60)days after receipt of the invoice, receipt and approval of the Goods and/or Services as well as all corresponding parts, accessories and aids and all associated documentation (such as but not limited too; drawings and quality, test, warranty and classification certificates, as well as maintenance handbooks, instruction books and manuals), as referred to in article 3,

In the event of down payments during the manufacture or the work, payment shall only be made once the Supplier has issued the Company with a bank guarantee on demand from a first-class bank acceptable to the Company for repayment of the down payment on demand from the Company.

The Company shall be entitled to set off any sums that the Company may owe to the Supplier at any time. Whenever the Company is entitled to set off, he can make a declaration to the Supplier that his debts be set off against the claim of theSupplier which results in both obligations being extinguished up to the amount which they have in common. In the event that the Company by virtue of any title whatsoever shall have or acquire a claim on the Supplier, the Company shall be entitled to set off and / or suspend payment without prejudice to its other rights.

Payment by the Company shall under no circumstances constitute acceptance of the Goods delivered or acknowledgement that they satisfy the order.

Interest for late payment shall only be due once the Company has defaulted on payment following written notice of default. From the date of default, interest of 1% above the EURIBOR per annum shall be payable on top of any amounts due without a legally valid reason.

 

Quality
The Supplier shall guarantee that the Goods;

conform to the Agreement and are free from defects;
are complete, suitable for the purpose for which they are intended and free from design, execution and/or material faults;
are fully consistent with the requirements contained in the information supplied by the Company, which the Supplier has accepted by virtue of its acceptance of the Agreement;
do not contain any prohibited substances or preparations or any substances that have to be treated using a non-standard waste treatment method;
are delivered with all the documents needed for use, including, at the very least, manuals and instructions for use in the English language.
The Supplier shall guarantee that the materials used are new and unused, have a recent production date and/or have been made specifically for the Agreement.

The Supplier shall be deemed to be familiar with, and shall guarantee compliance with, all legal requirements and other (international) rules, including requirements imposed by the European Union, with regard to the Goods and Services, as well as the regulations of the corresponding classification society, where applicable, and the safety and quality standards operated within the industry, as valid in each case at the moment of delivery or of completion of the agreed work.

The Supplier shall perform the Agreement independently according to the latest technological standards and shall also be responsible for doing so.

The Supplier must preserve and maintain the Goods internally and externally such that, during the period prior to the start of the warranty period, as referred to in article 12, no damage or loss may occur that could affect the service life of the Goods in any way.

The Supplier shall be liable for the consequences of failing to comply with the guarantees and obligations mentioned in this article. 

 

11. Inspections, Surveys, Checks & Tests 

the Company shall always have the authority to attend inspections, surveys, checks and tests. The Company’s absence from inspections, surveys, checks and tests shall never constitute automatic or tacit approval thereof.

The Supplier shall be responsible for the execution of inspections, surveys, checks and tests by the corresponding classification society, including the delivery of (part-)certificates required by the classification society.

Inspections, surveys, checks and tests executed by the Company’s inspectors or by persons or authorities designated by the Company or by its client(s) for this purpose, may take place prior to the delivery as well as during or after the delivery. If some or all of the Goods are rejected, the Company shall report this to the Supplier in writing.

For this purpose, the Supplier shall grant access to the places where the Goods are produced or stored, shall cooperate in the desired inspections, surveys, checks and tests, and shall supply the necessary documentation and information at its expense.

The Supplier shall inform the Company in time (at least 10 working days in advance) of the time that the inspections, surveys, checks and tests are scheduled to take place. The Company shall then inform the Supplier within 5 working days whether or not it shall attend the inspections, surveys, checks and tests. 

The costs of inspections, surveys, checks and tests shall be borne by the Supplier.

In the event of the rejection of the Goods after the title of risk has passed to the Company, the risk for the Goods and Services rejected shall be borne by the Supplier and the earlier transfer of title of risk to the Company shall be reversed with retroactive effect.

The approval or permission granted by the Company to the Supplier, whatever the circumstance, as well as any inspections, surveys, checks and tests as referred to in these terms and conditions, shall not release the Supplier from its obligations under the Agreement. Any inspections, surveys, checks and tests of the Goods in accordance with the provisions of this article shall not constitute delivery or acceptance.

 

Warranty & Remedy
The Supplier shall be obliged, on first demand from the Company, to remedy all errors, defects or other shortcomings that arise during a warranty period of 18 months from delivery; this warranty period must, however, run for at least 12 months after the official date of the handover to the end user of the property of which the Goods delivered by the Supplier are part of.

If the Supplier redelivers and/or repairs Goods and/or parts thereof in order to meet its warranty obligations, another warranty period of 12 months from the new commissioning date shall apply for these Goods and/or parts. 

The Company shall inform the Supplier of any shortcomings to Goods delivered by the Supplier as soon as possible. The Supplier shall remedy the shortcomings or replace the Goods immediately upon receipt of this notice at its own expense.

In urgent cases and also if after consulting with the Supplier it must reasonably be assumed that the Supplier cannot or will not see to the remedy or replacement or cannot or will not do so properly or in good time, the Company shall have the right to carry out remedy or replacement itself, or to arrange for third parties to do so, at the Contractor’s expense. 

This shall not affect the Supplier’s obligations under the Agreement; paragraphs of this article shall remain in full force.

The Supplier shall be entitled to inspect the Goods concerned for 60 days after a remedy or replacement of this nature. 

All costs incurred in order to meet the warranty obligations of the Supplier, as referred to in this article, as well as the extra costs that the Company and/or its client must incur as a consequence of the Supplier’s failure to meet the warranty obligations, shall be borne by the Supplier.

Return of the replaced Goodsand/or parts by the Company or its client shall only take place at the express request of the Supplier or on the Company’s own initiative, and shall be at the Supplier’s expense and risk. The Company shall endeavour to meet a request of this nature, should the occasion arise.
 

Confidentiality
The Supplier shall guarantee confidentiality vis-à-vis third parties in respect of any company information and know-how, in the broadest sense of the word, originating from the Company that has come or been brought to its knowledge in any way.

The Supplier shall not be permitted to give any form of publicity to the performance of the Agreement or to maintain direct or indirect contact with the Company’s client(s) without the Company’s prior written consent.

The Company may condition such consent.

The Supplier shall not be permitted to duplicate or allow third parties insight into documents relating to the Agreement, such as drawings, diagrams and other company information, aside from that which is necessary within the context of performance of the Agreement and only after obtaining the Company’s prior approval in writing.

The Suppliershall also impose the obligations stated in this article on all its personnel who are involved in performing the Agreement.

In the event of non-compliance with any of the provisions of this article, the Supplier shall owe the Company a penalty, to be paid immediately, of €250,000 for every violation and €10,000 for every day that the violation continues, without the need for any notice of default or recourse to the courts and without prejudice to the Company’s right to recover the damage or loss suffered from the Supplier.

 

Industrial & Intellectual Property
The Supplier shall guarantee that the use, including resale, of the Goods it delivers, or of the aids it purchases or creates for the Company, shall not infringe patent rights, trademark rights, model rights, copyrights or other rights of third parties.

The Supplier shall guarantee that the use, including resale, of the Goods it delivers, or of the aids it purchases or creates for the Company, shall not infringe patent rights, trademark rights, model rights, copyrights or other rights of third parties.

 

Transfer of Rights & Obligations 
The Supplier cannot and may not transfer and/or assign any or all of its rights and obligations under the Agreement to third parties without first obtaining the Company's consent in writing.

 

The Supplier shall not subcontract the fulfilment of its obligations under the Agreement, either in part or in full, to third parties without the Company’s prior written consent. The Company shall have the right to refuse consent or to condition its consent. Any consent by the Company shall not release theSupplier from its obligations under the Agreement.

In case of subcontracting to third parties with the Company’s approval, the Supplier shall ensure that these Terms and Conditions of Purchase apply to the Subcontracting agreement and shall transfer to the Company a direct claim against the subcontractor in respect of the outsourcing.

The Company shall be permitted to transfer and/or assign rights and/or obligations under the Agreement, in part or in full, including all warranty rights, to its client or the end user. The Supplier shall agree to this in advance, and shall be obliged, at the Company’s first request, to assist, support and/or perform any action necessary for a legally valid transfer unconditionally and without delay.

 

Insurance & Liability
The Supplier shall be fully liable for, and shall indemnify the Company against, any damage or loss is and/or will be suffered by the Company or by third parties as a consequence of defects of its product and of Goods that it has delivered.

The Supplier shall be fully liable for, and shall indemnify the Company against, any damage or loss that is and/or will be suffered by the Company or by third parties as a consequence of acts or omissions on the part of the Supplier, its personnel or anyone that the Supplier has involved in the performance of the Agreement, or as a consequence of the use of defective aids by the Supplier, its personnel or anyone that the Supplier has involved in the performance of the Agreement.

The Supplier shall indemnify the Company against any claims from third parties for compensation for damage or loss on the basis of liability as referred to in the preceding two paragraphs.

For the application of this article, the Company’s personnel and employees shall be regarded as a third party.

The Company shall be entitled to invoice the Supplier for all judicial and extrajudicial costs associated with collecting amounts that the Supplier owes to the Company as well as any interest payable on these, including the costs of retention, seizure, maintenance, storage and insurance. The Company shall not, however, be obliged to maintain or insure any withheld items.

The Supplier shall take out adequate insurance against the liability as referred to in this article, with the exclusion of any recourse against the Company and its clients. The Supplier will provide the Company at first request of the Company a copy of the insurance policy.
 

CHAIN LIABILITY (Labor Force & Taxes)
The Supplier certifies that it has obtained all the required administrative and technical authorizations for performance of its operations and undertakes to inform the Company of any change regarding the said authorizations (suspension, withdrawal, etc.). 

The Supplier certifies that its business activity is performed in strict compliance with the legal provisions governing its operations by the French Labor Code and in particular laws against undeclared work.

The Supplier shall undertake vis-à-vis the Company to meet its full legal obligations to pay taxes and social security contributions associated with the work assigned to it, and also to comply strictly with the applicable collective labor agreement. Persons designated by Company shall be entitled, at any time, to inspect the Supplier’s corresponding accounts. The Supplier shall supply a copy of all relevant documents at Company’s first request.

The Supplier shall indemnify the Company against any and all claim from the French or any other Tax Administration relating to the taxes and social security contributions owed by the Supplier for its personnel or for the personnel of the Supplier’s downstream subcontractors. 

If the Company, has been held liable for taxes and/or social security contributions that have not been paid by the Supplier or theSupplier’s downstream subcontractors, has had to pay these taxes and/or contributions, the Company shall be entitled to recover the full amount that it has paid from the Supplier and an interest rate of 2% above EUROBOR per annum shall be added to the Company’s claim.

If the “reverse charge procedure for VAT” applies to the Agreement, the Contractor shall state this on every invoice.

Breach & Rescission 
the Company shall be entitled, at all times, to terminate and/or rescind all or part of the Agreement prematurely by sending written notification to the Supplier. The Supplier shall cease performance of the Agreement immediately upon receipt of the written notification. The Company shall pay the Supplier all reasonable costs for Goods and Services already delivered or provided, as well as for obligations entered into by the Supplier, but the Supplier shall not, under any circumstance, be able to claim compensation for any loss of profit or costs of overhead. In the event of advanced payment by the Company, the Supplier shall repay any payments already made to the Company at its first request.

In the event that the Supplier fails in the performance of its obligations under the Agreement or any other agreements stemming there from, as well as in the event of its bankruptcy or a moratorium on payments, and in the event of closure, liquidation, takeover, demerger, merger or any comparable situation relating to the Supplier’s company, the Supplier shall be automatically in default by operation of law. In that case, the Company shall be entitled, without serving notice and without recourse to the courts, to rescind all or part of the Agreement unilaterally by means of a registered letter to the Supplier and/or to suspend payment obligations and/or to transfer performance of the Agreement to third parties in part or in full, without the Company being obliged to pay any compensation, and the Company shall further be entitled to full compensation and the refund of payments already made.

 

The Supplier shall be obliged to minimise the consequences of any failure in the performance of its obligations under the Agreement. All associated costs shall be borne by the Supplier. The Supplier shall be fully liable for any damage or loss suffered by the Company as a consequence of the breach, including any contractual penalties that the Company owes to its own client.

 

Force Majeure
If the Supplier is prevented from meeting its obligations under the Agreement by force majeure, the provisions under French standard case law shall apply. 

In the event of force majeure as referred to in paragraph 1 of this article, the Supplier must notify the Company in writing within 24 hours, stating the reasons. In addition, the Supplier must make every possible effort to overcome the impediment and to limit any damage or loss.

In the force majeure situation as referred to in paragraph 1 of this article, the obligations of both parties shall be suspended for the duration of this situation, with the exception of any obligations that can still be met.

In a situation of this nature, the Company shall only be obliged to issue payments for those obligations under the Agreement that have indeed been met.

As soon as the force majeure situation ends or any sooner as is technically possible, the implementation schedule, as referred to in article 4 of these terms and conditions, will be adjusted by means of a change as stated in article 8 of these terms and conditions. The agreed price shall not be changed.

If the force majeure situation is going to last an unreasonably long time in view of the Company’s obligations regarding its own client, the Company shall be entitled to dissolve the Agreement. In that case, the Supplier shall refund all the instalments that it has already received from the Company.

 

Use of Materials for Export
The Supplier shall be obliged, prior to accepting the order, to investigate whether the Goods for delivery, processed or otherwise, may be exported to the final destination indicated by the Company and shall be responsible for the provision of any export permits required.

If the Supplier finds that the Goods for delivery, processed or otherwise, cannot be exported to the final destination indicated by the Company, the Supplier shall inform the Company of this immediately in writing.

In that case, the Supplier shall be liable for any damage or loss suffered by the Company or by third parties that is caused by the Supplier's inability to meet its obligation to deliver the Goods.

The Supplier shall indemnify the Company against any claims from third parties for compensation for damage or loss on the basis of liability as referred to in the 3rdparagraph of this article.
 

Personnel
Any personnel engaged by the Supplier in the performance of the Agreement shall comply with the requirements imposed by the Company and, in the absence thereof, with the general requirements regarding skills and expertise.

If the Company is of the opinion that personnel are inadequately qualified, the Company shall be entitled, at all times, to order the removal of such personnel and the Supplier shall be obliged to replace them immediately, with due regard for paragraph 1 of this article. 

The Supplier shall not be authorised, without first obtaining the Company’s consent in writing, to make use of (temporary) workers who have been placed at its disposal.

If the Agreement relates to the execution of work or the provision of services, the Supplier shall, prior to commencing the activities, supply the Company with a list in writing of the personnel who shall be engaged by the Supplier, specifying their names, addresses, dates of birth and citizen service numbers, together with a copy of valid proof of identity for each person, as well as all documents required by law and any other information that the Company desires in relation to these personnel. Changes to this information shall also be communicated to the Company without delay.

 

Work on the Business Premises and/or Property
Prior to commencing performance of the Agreement, the Supplier must make sure that it is aware of the circumstances on the business premises/property where the work must be carried out and that might have an impact on the performance of the Agreement.

Any costs from a delay in performance of the Agreement or other costs caused by circumstances as referred to above shall be at the Suppliers expense and risk. 

The Supplier and any subcontractors shall be obliged, at all times: a)  to execute the work required of them properly, reliably and in accordance with the provisions of the Agreement; b)  to follow only the orders and instructions given by the Company; c)  to, in principle, have their representatives available on the business premises/property during working hours; their absence, replacement and contact ability shall be arranged in consultation with the Company; d)  to have and, at the Company’s first request, to show documents that are required of them by law; e)  to supply the Company with a weekly record of the man hours, names and citizen service numbers of all personnel involved by the Supplier in the work from week to week; f)  to strictly observe all their obligations vis-à-vis the personnel they involve in the work; g)  to provide the Company, at the Company’s first request, with a copy of a recent declaration concerning their payment performance from the relevant countries Tax Administration, to ensure the legal obligations are met related to Wages, Salaries Tax & Social Security Contributions (Liability of Subcontractors);h)  to refrain from submitting any quotations or offers to the Company’s client for extensions or changes to the Company’s work; i)  to indemnify the Company against any claims, for whatever reason, by the personnel they have engaged, save in the event of intent or gross negligence on the part of representatives of the Company and/or executives who can be identified with the Company, and to take out appropriate insurance against such liability.

The Supplier shall ensure that the personnel it employs on the Company’s business premises/property wear industrial clothing, with the company name clearly visible, as well as the proper personal protective equipment.

The Supplier shall ensure that its presence and the presence of its personnel on the Company’s business premises/property shall not impede the undisturbed progress of the work by the Company and third parties. The Supplier and its personnel shall undertake to obey the instructions given by the Company’s management and supervisory personnel.

The agreed work must be executed within the normal working hours of the Company. 

Any performance of work outside the normal working hours of the Company shall only be permitted after first obtaining the Company’s consent in writing. The associated costs for the Company or its client shall be borne by the Supplier. The Supplier shall itself see to all the necessary formalities as stipulated by the Company (overtime permits, etc.), and shall do so in a timely manner.

Any storage of materials on the business premises/property shall be at the Supplier’s expense and risk and shall only be permitted after first obtaining the Company’s consent in writing. The Supplier may not store any more material on the Company’s business premises/property than is necessary, in the Company’s opinion, for performance of the Agreement.
 

Health, Safety & Environment 
The Supplier shall be obliged, with due regard to all relevant statutory regulations and the Company’s own regulations and rules concerning safety, health and the environment, to ensure that the work is carried out in such a way that the safety of everyone on the Company’s business premises/property has been assured and their health has been protected, and that the rooms, equipment and tools in which or with which the Supplier arranges for the work to be performed have been set up and are maintained in such a way, with measures taken and instructions issued for the execution of the work, that is reasonably necessary to prevent anyone from suffering harm while carrying out their work. A copy of the Company’s safety regulations and rules concerning safety, health and the environment shall be made available by the Company to the Supplier immediately at its request.

The Supplier shall be responsible for ensuring, and shall undertake to ensure, that its personnel comply strictly with the statutory regulations and the Company’s own regulations and rules concerning Health, Safety and the Environment at all times.

The Company shall have the authority to deny personnel working for the Supplier access to the business premises/property and/or to remove them from the site if the regulations and rules referred to in this article are not observed. In that case, the Supplier shall be obliged to replace them immediately.

The Supplier must, at all times, ensure the removal of its own waste, including chemical waste and packaging. With the removal of chemical waste, the Contractor shall undertake to produce a declaration each time containing details of the toxic properties of the product for removal.

The Supplier shall be liable for, and shall indemnify the Company against, any damage or loss that is suffered by the Company or by third parties which has been caused by the Supplier's failure to remove its own waste or by its inadequate, improper or untimely removal of the waste.

The Supplier shall not be authorised to store and/or use substances that are hazardous and/or harmful to health on the Company’s business premises/property, unless the Company has consented to this in writing beforehand.

The Company shall be authorised to refuse to grant consent or to attach conditions to it. If permitted by the Company, the storage must also comply with the applicable statutory rules at all times.

The Supplier shall be liable for, and shall indemnify the Company against, any damage or loss that is suffered by theCompany or by third parties which has been caused by the storage, use, spread, generation and/or improper packaging of substances that are hazardous and/or harmful to health. 

For the application of this article, the Company’s personnel shall be regarded as a third party.

 

Governing Law - Jurisdiction
This Agreement shall be governed by and construed in accordance with French Law.

The applicability of the “United Nations Convention on the International Sale of Goods” (the “Vienna Sales Convention”) is excluded.  

The Parties shall keep each other informed in relation to any difficulties resulting from the interpretation or performance of this Agreement and take all steps to resolve them. The Parties undertake to resolve amicably any disputes relating to the validity, interpretation or performance of this agreement.

In the absence of an amicable agreement, any dispute concerning the validity, interpretation or performance of this Agreement will be submitted to the Tribunal de Commerce de MARSEILLE, exclusive jurisdiction over the Company registered headquarters.

Nothing herein shall prevent the Company from enforcing in any country an award made by the above exclusive jurisdiction.

 

These Purchasing Terms & Conditions are valid as of the date stated below verification & acceptance by the company’s representative and remain valid unless an updated version is provided prior to and/or with the Request for Quotation and/or Purchase order send.

 

Reviewed and accepted For and On Behalf of the “Company”

 

Name              -          Willem de Haan

Company        -          Maritime Technical Superintendency SASU

Function         -          Managing-Owner 

Date Signed    -          01/01/2019, Marseille

Maritime Technical Superintendency SASU,

Including its staff and/or affiliated business units / Commercial & Operational Partners (hereafter to be called the “Company”) are processing personal data.

This processing of personal data is based on:

The legitimate interest by the Company when it pursues the following purposes:
management of the relationship with its customers and prospects.
organization, registration and invitation to events;
the performance of pre-contractual measures or the contract when it implements a treatment that contains personal data for the purpose of:
production, management, follow-up of client files;
Recovery.
the respect of legal and regulatory obligations when it implements a treatment whose purpose is:
the prevention of money laundering and the financing of terrorism and the fight against corruption;
billing.
accountability.
The Company keeps the data only for the duration necessary for the operations for which they were collected and in compliance with the regulations in force.

In this regard, customer data are kept for the duration of the contractual relationship plus 3 years for animation and prospecting purposes, without prejudice to the conservation obligations or limitation periods. For the purpose of money laundering prevention and terrorist financing, the data are kept 5 years after the end of the relationship with the Company.  In accounting matters, they are kept for 10 years from the end of the financial year.

Prospect data is retained for a period of 3 years if no participation or registration in the Company’s events has taken place.

The processed data is intended for authorized persons of the company, as well as its service providers.

Under the conditions defined by the Data Protection Act and the European Data Protection Regulation, natural persons have the right of access to data concerning them, rectification, interrogation, limitation, portability, data protection and data protection.  

The persons concerned by the processing operations also have the right to object at any time, for reasons relating to their particular situation, to a processing of personal data whose legal basis is the legitimate interest of the Company, as well as a right of opposition to commercial prospecting.

They also have the right to define general and specific guidelines defining the way they intend to exercise, after their death, the rights mentioned above by e-mail accompanied with a copy of a signed identity document to the following address:

GDRP@MaritimeTechnical.com

or to our office address;

Maritime Technical Superintendency

310 rue Paradis
13008 Marseille
France