MARITECH – Standard Terms and Conditions for Sale of Products and Services
Version: 2.2
Effective: 01/01/2025

 

Article 1- Definitions

Contractor — means the specific subsidiary or affiliate of Maritech Group Holding Limited designated in the Contract to provide Products / Services, hereinafter referred to as “MARITECH.” Each Contractor is solely responsible for its own performance under the Contract.

Independence of Subsidiaries — Each Maritech subsidiary operates as a separate legal entity. Maritech Group Holding Limited and its affiliates are not agents of one another and do not assume liability for each other’s actions or failures to act.

Maritech Group Holding Limited — The parent company of the MARITECH Group, a non-operating corporate entity providing strategic, governance, and compliance oversight across its subsidiaries. It does not engage in commercial or contractual activities and bears no liability for the obligations, acts, or omissions of its subsidiaries, which operate as independent legal entities. The Holding’s role is limited to policy direction, brand stewardship, and group-level corporate governance and shall not create any agency, employment, or contractual responsibility toward Customers.

Customer — means the domestic or foreign business or any other entity, vessel, intermediate, owning/managing company, being the addressee of MARITECH’s offer to sell or supply the Products or purchasing MARITECH’s Products.

Parties — mean MARITECH and the Customer.

Contract — means the agreement for the sale or supply of Products and the provision of Services concluded between MARITECH (as defined above) and the Customer. This agreement is formed either through an order placed by the Customer and confirmed by MARITECH or through a separate contract document agreed upon by the parties and titled as “Standard Private Agreement.”

Offer — means the offer to sell or supply the Products put forward to the Customer electronically in reply to its inquiry, the purpose of which is the conclusion of the Contract.

Order — means the Customer’s intent to buy the Products or to ask for the provision of Services communicated to the Customer electronically, the purpose of which is the conclusion of the Contract. 

Order Confirmation — means MARITECH’s intent to confirm the Order placed by the Customer communicated to MARITECH electronically and specifying the terms and conditions of sale or supply of Products and the provision of Services, i.e. the items of Products or the details of the Services, their respective prices, date of the Order fulfilment, invoice address and delivery address (if designated at the time of placing the Order).

Credit Limit — means the maximum allowable amount of debt owed to MARITECH by the Customer, determined by MARITECH based on the history of transactions made with the Customer.

Force Majeure — means the occurrence of an event that could not have been foreseen and prevented, including but not limited to acts of God, any Government requisition, control, intervention, requirement or interference, any circumstances arising out of war, threatened act of war or warlike operations, acts of terrorists or the consequences thereof, riots, civil commotions, blockades or embargoes, epidemics, pandemics, government lockdowns, supply chain disruptions, war, natural disasters, cyberattacks, labor strikes; earthquakes, landslides, floods or other extraordinary weather conditions, lockouts or other industrial action, but only if of a general nature and not limited to MARITECH and/or its subcontractors, or fire, accident, explosion.

Products — means Maritech original or alternative spare parts and related goods.

Services — means Maintenance, repair, remote inspection, crew training, and technical support.

OCEANSERV Standards — means the MARITECH framework defining four service modes and their quality, warranty and liability parameters: Onboard / Yard Services — diagnostics, repairs, adjustments and functional checks carried out on the vessel, alongside, in dry dock or at a third-party yard. Workshop Services — disassembly (where applicable), overhaul, QA and testing at MARITECH facilities on complete units/assemblies or on loose plates/components. Voyage Support — attendance during sailing for inspection, diagnostics, stabilisation and reporting. Hybrid Services — combined execution where components are dismantled onboard, transported to MARITECH’s workshop for reconditioning, and reinstalled onboard after completion. Loose Plate Services — reconditioning of individual plates/components, warranted only at delivery (free from defects in workmanship at the time of delivery ex-works).

Group Independence Disclaimer — Each company within the MARITECH Group operates as an independent legal entity. No company acts as agent for another, and neither MARITECH Group Holding Ltd nor any affiliate assumes responsibility for the obligations, acts, or omissions of another Group company. Contracts are entered into solely by the operating entity identified in the relevant Order Confirmation.

 

Article 2 – General Provisions

2.1 MARITECH’s business activities include the design, manufacture, optimization, and supply of marine spare parts and components. Its portfolio covers alternative spare parts manufactured to OEM-equivalent standards, proprietary parts produced through MARITECH’s own and partner precision-manufacturing hubs, and the Green Series line of optimized, performance-oriented products developed to extend equipment lifecycle, reduce waste, and support environmental compliance. In addition, MARITECH provides services related to the inspection, maintenance, repair, training, and technical support of marine equipment. Any advice or recommendations provided by MARITECH are given for information only; the Customer remains solely responsible for the selection, suitability, and application of MARITECH Products and Services

2.2 Exclusivity of Terms. All sales and supplies of Products and Services are governed exclusively by these Standard Terms and Conditions. Any deviation, amendment, or addition shall be binding only if expressly agreed in writing by MARITECH. The Customer’s own general terms and conditions, whether referenced in purchase orders or otherwise, are expressly excluded. For the avoidance of doubt, any reference by the Customer to its own terms and conditions (including those printed on purchase orders or acknowledgments) shall have no effect. Only MARITECH’s written Order Confirmation, these Standard Terms, and any expressly agreed MARITECH Special Terms shall govern the Contract.

2.3 Availability of Terms. The current version of these Standard Terms and Conditions is available at www.maritechgroup.com and is incorporated by reference into every Offer. The version effective on the date of MARITECH’s Order Confirmation shall apply to the relevant Contract.  

2.4 Formation of Contract. A Customer’s Order constitutes an offer to purchase only. A binding Contract arises solely upon MARITECH’s written Order Confirmation. Silence, inaction, or prior course of dealing shall not be deemed acceptance.

2.5 Amendments. Any amendments, supplements, or waivers of these Terms shall be valid only if made in writing by duly authorized representatives of MARITECH. For the purposes of this clause, “in writing” includes email confirmation and recognized e-signature platforms.

2.6 Entire Agreement. If the Parties have not executed a separate written agreement, the Contract consists solely of (i) the Order Confirmation, (ii) these Standard Terms, and (iii) the Customer’s Order, in that order of precedence. Any other provisions, references, or terms are excluded. Where the Order Confirmation identifies an OCEANSERV service mode, the warranty, liability, and exclusions specific to that service mode shall prevail over any generic service wording contained in these Terms.

2.6A Corporate Scope. The Contract is concluded solely between the Customer and the operational MARITECH entity identified in the Order Confirmation. MARITECH Group Holding Ltd (Hong Kong) acts only as a governance and oversight entity under the Group’s corporate structure and shall not be deemed a contracting or performing party under any circumstances.

2.7 Certification and Compliance. MARITECH represents that it maintains ISO 9001:2015 certification and manufactures in conformity with applicable environmental and safety regulations. Customers may raise environmental or compliance concerns by email to support@maritechgroup.com

2.8 Authority of Representatives. MARITECH’s representatives shall act only within the authority conferred by the Contract. MARITECH shall not be liable for any actions of its representatives beyond such authority, even if undertaken at the Customer’s unilateral request.

2.9 Safety Data Sheets. Safety Data Sheets will be provided by MARITECH upon the Customer’s explicit electronic request.

2.10 Legal Compliance. The Parties shall comply with all applicable laws and regulations, including but not limited to the UK Bribery Act 2010, GDPR, EU/US/UK export control laws, and sanctions regulations. MARITECH’s governance, ethics and compliance programs are administered by the Group Holding and its Compliance Office solely for policy oversight and do not alter the independent legal responsibility of each contracting entity.

2.11 Sustainability. MARITECH develops and supplies Products, including the Green Series, with a focus on sustainability, lifecycle extension, and waste reduction. MARITECH complies with applicable environmental regulations in its operations. However, MARITECH shall not be liable for the Customer’s failure to meet its own environmental, classification, regulatory, or ESG obligations.

 

Article 3- Offer, Contract and Specifications

3.1 Customer Inquiry. Each Offer is prepared by MARITECH following receipt of a Customer inquiry specifying the equipment concerned, the trade name and catalogue number of the requested Products, the required quantity, and any relevant specifications for Services. Additional information (e.g. pictures, drawings, catalogues) shall be provided by the Customer to enable accurate identification.

3.2 Accuracy of Information. MARITECH shall make reasonable efforts to ensure that catalogue numbers and descriptions in its Offer correspond to those provided by the Customer. However, MARITECH shall not be liable for any errors in an Offer resulting from inaccurate or incomplete information supplied by the Customer. The Customer shall verify and confirm the accuracy of MARITECH’s Offer against its inquiry.

3.3 Delivery Dates in Offer. Any delivery dates indicated in MARITECH’s Offer are non-binding estimates only. Until the Order is confirmed by MARITECH, Products in stock remain subject to prior sale.

3.4 Formation and Precedence. Each Offer issued by MARITECH is non-binding, subject to availability, and valid for seven (7) days unless otherwise stated. A binding contract (“Agreement”) is formed only upon MARITECH’s written Order Confirmation referencing the Customer’s Order. The Agreement shall consist, in the following order of precedence: (i) the Order Confirmation (including any expressly accepted deviations), (ii) any MARITECH Special Terms, (iii) these Standard Terms, and (iv) the Offer. Any terms of the Customer are expressly excluded unless specifically accepted in writing in the Order Confirmation. Silence, inaction, or prior course of business shall not constitute acceptance.

3.5 Customer Order. Orders placed by the Customer on the basis of MARITECH’s Offer must reference the Offer number and shall contain all details necessary for fulfilment, including Customer’s legal name, invoice address, delivery address, tax identification, payment terms, delivery terms, Order reference number, preferred carriers, required delivery dates, and any special packaging, customs, or documentation requirements. The Customer is solely responsible for the accuracy and completeness of its Order details.

3.6 Changes to Order. Any changes, reservations, or modifications to an Order shall only be binding upon MARITECH’s written confirmation. The Customer may amend its Order only by electronic means and only until MARITECH has issued the Order Confirmation, unless MARITECH expressly agrees otherwise in writing.

3.7 Delivery Dates in Confirmation. Binding delivery dates are those stated in MARITECH’s Order Confirmation. Any subsequent changes to the Order or the Contract by the Customer may result in adjusted delivery dates.

3.8 Non-Performance due to Customer. MARITECH shall not be liable for delays, errors, or non-performance caused by the Customer’s failure to provide correct information, timely instructions, or required facilities for acceptance of Products or Services. Such failures shall be deemed part of the Customer’s Operational Responsibilities under Article 21, and all resulting costs, standby, or rework shall be borne exclusively by the Customer.

 

 

SECTION A- PRODUCTS

Article 4 – Delivery of Products

4.1 Delivery Term. Unless otherwise expressly agreed in the Order Confirmation, delivery shall be Ex Works (EXW, Incoterms® 2020) MARITECH’s designated facility. Any alternative delivery term must be explicitly confirmed in writing by MARITECH.

4.2 Transfer of Risk. Risk of loss of, or damage to, the Products shall pass to the Customer upon delivery in accordance with the applicable Incoterms® 2020.

4.3 Delivery Dates. Delivery dates stated by MARITECH are non-binding estimates only, unless expressly confirmed as binding in the Order Confirmation. Time shall not be of the essence unless specifically agreed in writing.

4.4 Deemed Delivery. If the Customer delays or fails to accept delivery, delivery shall be deemed to have occurred on the scheduled delivery date notified by MARITECH.

4.5 Consequences of Deemed Delivery. From the date of deemed delivery under Clause 4.4, the Customer shall bear all risks in the Products, and MARITECH shall be entitled to payment as if actual delivery had occurred.

4.6 Storage at Customer’s Cost. If the Customer fails to provide shipping instructions or refuses acceptance, MARITECH may store the Products at the Customer’s cost and risk, including insurance expenses.

4.6A Storage Fees. In addition to Clause 4.6, storage shall accrue daily at MARITECH’s standard storage fee rates (or, if none are published, at a reasonable commercial rate), together with insurance and handling costs, starting from the scheduled delivery date or deemed delivery date. Payment of storage fees does not relieve the Customer of its obligation to accept delivery or of any other contractual obligations.

4.7 Long-Term Storage and Resale. If storage continues for more than one hundred twenty (120) days, MARITECH may, after prior written notice, resell the Products. Any net proceeds shall be credited to the Customer after deduction of all costs and expenses.

4.8 Shortfall Liability. The Customer shall remain liable for any shortfall if the resale value is less than the Contract price.

4.9 Partial Deliveries. MARITECH may make partial deliveries and may issue separate invoices for each delivery.

4.10 Suspension of Deliveries. Failure by the Customer to pay any invoice or installment when due shall entitle MARITECH to suspend further deliveries and/or Services until full payment is received.

4.11 Customer Delays. MARITECH shall not be liable for any delay or non-performance caused by the Customer’s failure to provide accurate information, timely instructions, or suitable facilities for acceptance.

4.12 Export and Import Formalities. Unless expressly agreed in writing, MARITECH shall not be responsible for export, import, transit, or customs formalities. The Customer shall arrange and bear all responsibilities, costs, and risks related to export clearance, import clearance, duties, licenses, and other applicable authorizations.

4.13 Transport of Customer Components (Workshop / Hybrid Services). Unless expressly agreed otherwise in the Order Confirmation, carriage of Customer-owned equipment and components to and from MARITECH’s workshop shall be EXW (Incoterms® 2020) MARITECH’s designated facility. Risk in transit rests solely with the Customer. MARITECH may assist with packing, preservation, and logistics on a chargeable basis, but such assistance does not alter the allocation of risk or create liability for carrier performance.

 

Article 5-Use of Products

5.1 Manuals and Instructions. MARITECH shall provide manuals, guidelines, and technical instructions only for Products designed, manufactured, or optimized by MARITECH (including Own Production and Green Series Products). For third-party or OEM equipment, the Customer is responsible for obtaining and complying with the original manufacturer’s manuals and instructions. MARITECH accepts no responsibility for performance, safety, or compliance where the Customer fails to use the applicable OEM documentation.

5.2 Improper Use. MARITECH shall not be responsible for any failure of its Products to perform as expected if caused by: (a) the Customer’s failure to comply with the Contract or MARITECH’s instructions; (b) incorrect installation, commissioning, operation, or maintenance; (c) fluctuations in electricity, temperature, pressure, or media beyond design specifications; (d) variations in operating conditions outside MARITECH’s control; or (e) force majeure events or other unusual external influences.

5.3 Unauthorized Modifications. The Customer shall not alter, modify, or use non-original spare parts, consumables, or accessories with MARITECH Products without MARITECH’s prior written approval. Any such action voids warranties and releases MARITECH from liability.

5.4 Installation & Commissioning. Where installation, commissioning, or reassembly is carried out by parties other than MARITECH or its expressly authorized service partners, MARITECH provides no warranty or liability for the resulting performance of the equipment, unless otherwise agreed in writing.

5.5 Prohibited Uses. Products shall not be used for any unauthorized, unlawful, or unintended purpose, including but not limited to: (i) operation in environments or applications not approved by MARITECH, (ii) use in ways that may compromise vessel safety, classification requirements, or statutory/regulatory compliance, or (iii) use in combination with components not approved by MARITECH.

 

Article 6– Risk and Title of Products

6.1 Transfer of Risk. Risk of loss of, or damage to, the Products shall pass to the Customer upon delivery in accordance with the applicable Incoterms® 2020 stated in the Order Confirmation. If delivery is EXW (Ex Works), risk passes when the Products are placed at MARITECH’s disposal. If the Customer delays or fails to take delivery, risk shall pass on the scheduled delivery date as notified by MARITECH (“deemed delivery”).

6.2 Retention of Title. Legal title to the Products shall remain with MARITECH until MARITECH has received full and final payment of all amounts due under the Contract (including interest, costs, and charges). Until title has passed, the Customer shall: (a) hold the Products as bailee for MARITECH and keep them properly stored, insured, and clearly identified as MARITECH’s property; (b) not pledge, encumber, or otherwise dispose of the Products, except in the ordinary course of business and subject to retention of title; and (c) ensure that the Products remain readily identifiable as MARITECH property.

6.3 Recovery of Products. If the Customer defaults in payment or breaches the Contract, MARITECH may, without prejudice to any other rights, demand the immediate return of all Products in which title has not yet passed. The Customer shall, at its own expense (including de-installation and transport costs), return the Products to MARITECH and grant MARITECH or its agents access to the premises where the Products are located to recover them.

6.4 Shortfall on Resale. If MARITECH repossesses or resells the Products pursuant to this Article, any shortfall between the resale proceeds and the Contract price shall remain payable by the Customer, together with all related costs and expenses.

6.5 Insurance. Until title has passed, the Customer shall maintain adequate insurance covering the Products against loss or damage from all usual commercial risks, with MARITECH named as loss payee or beneficiary to the extent of its interest.

 

Article 7 – Warranties for Products

7.1 (a) Alternative Products. MARITECH warrants that Alternative Products are free from defects in material and workmanship for twelve (12) months from delivery or six (6) months from installation, whichever occurs first, but not exceeding eighteen (18) months from delivery.
(b) Own Production Products. MARITECH warrants that Products manufactured through MARITECH’s own or partner precision-manufacturing hubs are free from defects in material and workmanship for twelve (12) months from delivery or twelve (12) months from installation, whichever occurs first, but not exceeding twenty-four (24) months from delivery.
(c) Green Series Products. MARITECH warrants that Green Series optimized Products are free from defects in material and workmanship for twenty-four (24) months from delivery or eighteen (18) months from installation, whichever occurs first, but not exceeding thirty (30) months from delivery.

7.2 Refurbished Products. Factory-refurbished or reconditioned Products performed by MARITECH or its authorized service partners, where MARITECH supplies the refurbished unit as its own deliverable, are warranted to be free from defects in material and workmanship for six (6) months from delivery. Where refurbishment or reconditioning work is performed on equipment or components belonging to the Customer, such work is not deemed to constitute a “Refurbished Product” under this Article but is classified as a Service. In such cases, only the Service Warranty provisions of Article 12 shall apply.

7.3 Remedies. MARITECH’s sole obligation and the Customer’s exclusive remedy under this warranty shall be, at MARITECH’s option, (i) the repair of the defective Product, (ii) the supply of a replacement Product, or (iii) the issue of a credit note not exceeding the invoice value of the defective Product. Repaired or replaced Products shall carry only the unexpired portion of the original warranty period.

7.4 Exclusions. This warranty shall not apply in cases of: (a) normal wear and tear, consumables, or expendable items; (b) use of non-original spare parts, consumables, or modifications not authorized by MARITECH; (c) repairs, alterations, or installations carried out by any party other than MARITECH or its expressly authorized service partners; (d) improper storage, installation, commissioning, operation, or maintenance contrary to MARITECH’s instructions or manuals; (e) external causes beyond MARITECH’s control, including but not limited to accident, negligence, fire, flood, cyberattack, misuse, abnormal conditions of temperature, pressure, or media, or other Force Majeure events.

7.5 Inspection and Verification. All warranty claims are subject to the inspection and return provisions of Article 17 (Return of Products). MARITECH reserves the right to inspect the alleged defective Products and may require the involvement of an independent surveyor or classification society to verify the defect. No claim shall be valid until such verification is completed.

7.6 Limitation. To the fullest extent permitted by law, MARITECH’s liability under this warranty shall not exceed the invoice value of the defective Product. MARITECH shall not be liable for any indirect, incidental, or consequential losses, including but not limited to loss of profit, downtime, loss of use, or damage to other equipment or systems.

 

Article 8– Limitation of Liability (Products)

8.1 Excluded Losses. To the fullest extent permitted by law, MARITECH shall not be liable for any indirect, incidental, special, punitive, or consequential losses, including but not limited to loss of profit, loss of contracts, loss of use, downtime, or damage to other equipment or systems.

8.2 Cap. MARITECH’s aggregate liability arising from or in connection with any Product shall not exceed the invoice value of the specific Product giving rise to the claim.

8.3 Mandatory Law. Nothing in this Article excludes or limits liability where such exclusion is prohibited by mandatory law, including liability for death or personal injury caused by MARITECH’s proven gross negligence or willful misconduct.

 

Article 9- Insolvency of the Customer

9.1 This clause applies if:

a) the Customer makes any voluntary arrangement with its creditors or becomes subject to an administration order or becomes bankrupt or goes into liquidation or

b) an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Customer; or

c) the Customer ceases, or threatens to cease, to carry on business; or

d) the Contractor reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly.

 

9.2 If this clause applies, then, without prejudice to any other right or remedy available to the Contractor, the Contractor shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Customer, and if the Products have been delivered, but not paid for, the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.

SECTION B- SERVICES

Article 10- Performance and Acceptance of Work

10.1 Performance of Services. The Contractor shall perform the Services either in situ, on board, or remotely, within normal working hours unless otherwise agreed. Any overtime required to complete the Services shall be for MARITECH’s account only if caused by MARITECH; overtime requested by the Customer or caused by Customer-related delays shall be chargeable in addition at the applicable Service Rates.

10.2 Additional Services. MARITECH shall make reasonable efforts to perform any additional Services requested by the Customer. Where such Services extend the agreed period of performance, the extension shall be recorded in writing (e.g. variation order, job card amendment) and the contract period shall be deemed automatically extended by the same duration.

10.3 Availability of Materials and Equipment. If specified materials, spare parts, or equipment required for performance are not available at the scheduled time of use, MARITECH may substitute equivalent materials subject to the Customer’s prior approval, which shall not be unreasonably withheld. If the unavailability prevents progress, waiting or standby costs shall be fully chargeable to the Customer, and MARITECH’s personnel shall be entitled to demobilize and return when suitable material is available, with all additional travel, waiting, and accommodation costs borne by the Customer.

10.4 Acceptance of Services. The Customer shall be deemed to have accepted the Services as conforming to the Contract upon handover, which shall be evidenced by MARITECH’s standard Service Report, Job Card, or other formal handover document countersigned by the vessel’s Chief Engineer, Yard Repair Manager, or Customer’s authorized representative. Absent written notice of non-conformity at the time of handover, the Services shall be conclusively deemed accepted.

10.5 Time for Completion. Any dates or periods for completion stated or quoted by MARITECH are estimates only. Time is not of the essence unless expressly agreed in writing by MARITECH.

10.6 Service Mode Identification. Each Service Report, Job Card, or other handover document issued by MARITECH shall specify the OCEANSERV service mode under which the Services were performed (Workshop, Onboard/Yard, Voyage Support, or Hybrid). The applicable warranty and liability regime shall be determined exclusively by the identified service mode.

10.7 Pre-Existing Condition & Access. Services are performed on Customer equipment of unknown history and condition. MARITECH shall not be liable for latent defects, prior fatigue, corrosion, scaling, contamination, misalignment, vibration, or operational/environmental conditions existing before commencement of work. The Customer shall provide safe access, lifting, isolation, and utilities necessary for MARITECH personnel to perform the Services.

10.8 Yard Facilities and Customer Obligations. For Services performed onboard or at a yard, the Customer shall ensure the timely availability of cranes, lifting equipment, shore power, permits, and other supporting facilities reasonably required for performance. MARITECH shall have no liability for delays, standby, or additional costs arising from unavailability of such facilities. Transport, rigging, lifting, or movement of Customer equipment up to the point of entry into the engine room or workshop is the sole responsibility of the Customer, unless MARITECH is expressly contracted to perform such tasks under a separate chargeable scope. Any assistance provided by MARITECH in such transport or lifting shall be at the Customer’s risk, and MARITECH shall bear no liability for loss, delay, or damage arising therefrom.

 

Article 11- Provision of Services

11.1 Basis of Charge. Unless otherwise expressly agreed in writing, Services shall be charged on a time-and-materials basis in accordance with MARITECH’s Service Rates in force at the date of the Order Confirmation.

11.2 Customer Assistance. Execution of Services is subject to manual assistance being rendered by the Customer’s personnel, either through engine room staff or other qualified persons made available by the Customer.

11.3 Attendance of Technical Personnel. Where MARITECH dispatches engineers or technicians to vessels, shipyards, ports, or other facilities, standard working hours are 08:00–17:00 (nine hours including a lunch break). Work performed outside these hours shall be invoiced as overtime at the applicable Service Rates. All attendance, hours, and overtime shall be recorded in MARITECH’s daily log sheet and countersigned upon handover of the Services by the vessel’s Chief Engineer, Yard Repair Manager, or the Customer’s representative. The countersigned log sheet shall constitute binding evidence of the Services performed. A minimum charge of one (1) full working day applies whenever MARITECH personnel are onboard, travelling, or on standby. Waiting or standby time not attributable to MARITECH is fully chargeable.

11.4 Delays and Standby. If MARITECH personnel arrive at the agreed site but the work cannot commence or is interrupted for reasons not attributable to MARITECH, all standby or waiting time shall be chargeable at the applicable Service Rates.

11.5 Cancellation of Job Orders. Any cancellation of a confirmed Job Order for Services must be made in writing and shall be valid only upon written acknowledgement by MARITECH. The following cancellation charges shall apply:

-Cancellation received less than fourteen (14) days before the scheduled start → 15% of the estimated job value invoiced.
-Cancellation received less than seven (7) days before the scheduled start → 50% of the estimated job value invoiced.
-Cancellation received less than forty-eight (48) hours before the scheduled start, or failure to inform (“no-show”) → 100% of the estimated job value invoiced plus all incurred travel and accommodation costs.

11.6 Non-Performance Without Notice. If MARITECH personnel are dispatched but the job cannot be performed because the Customer failed to inform MARITECH of changes or unavailability, the Customer shall bear 100% of incurred travel and accommodation costs plus a minimum charge of one (1) full service day per dispatched technician at the applicable Service Rates.

11.7 Travel, Meals & Accommodation. The Customer shall bear the cost of accommodation, meals, and travel expenses (air, train, bus, taxi, ferry, etc.) for MARITECH personnel. Such arrangements may be organized directly by the Customer or, if not arranged, booked by MARITECH and invoiced at cost. Accommodation shall be of officer standard and reasonably priced, and meals shall be suitable for professional seafarer/engineer requirements.

11.8 Transportation of Personnel. The Customer shall be responsible for collecting MARITECH personnel at the point of arrival (e.g., airport, port, or station), transporting them safely to the workplace or hotel, and ensuring their return to the departure point upon completion of the assignment. If the Customer fails to do so, MARITECH may arrange transportation at the Customer’s reasonable cost and invoice accordingly.

11.9 Scrap & Non-Repairable Components (Workshop / Hybrid). Where Customer-owned components (such as plates) are inspected at MARITECH’s workshop and found to be damaged beyond repair, the Customer may either: (i) request their return at its own cost and risk, or (ii) authorize MARITECH to recycle or scrap them in accordance with environmental regulations. If the Customer does not provide written instructions within thirty (30) calendar days from MARITECH’s notification, MARITECH shall be entitled to recycle or scrap such components at its discretion. This provision applies only to Workshop and Hybrid Services, and not to Onboard or Voyage Support attendances.

 

Article 12- Warranty for Services

12.1 General Skill & Care. MARITECH warrants that all Services shall be performed with reasonable skill and care in accordance with good marine industry practice.

12.2 Workshop Services – Complete Units / Assemblies. Where MARITECH performs overhaul, inspection, and QA verification on complete equipment or assemblies (including but not limited to plate heat exchangers, fresh water generators, pumps, and similar machinery), such Services are warranted to be free from defects in workmanship for six (6) months from delivery of the overhauled unit. No warranty is given as to the subsequent performance of the Customer’s equipment in operation, which remains dependent on vessel conditions and maintenance.

12.2A Workshop Services – Loose Plate Services. Where MARITECH reconditions individual or loose plates, the warranty is limited to confirmation that, at the time of delivery ex-works MARITECH, the plates are free from defects in workmanship and have passed MARITECH QA checks. No warranty is given for sealing, endurance, or performance once the plates are installed onboard or elsewhere, since these depend on assembly, tightening, operating conditions, and maintenance practices outside MARITECH’s control.

Clarification: Refurbishment or reconditioning of equipment owned by MARITECH and sold to the Customer constitutes a Refurbished Product under Article 7.2 (Product Warranty). Refurbishment or reconditioning performed on Customer-owned equipment constitutes a Service and is covered exclusively by this Article 12.

12.3 Onboard / Yard Services. Where Services are performed onboard a vessel or at a third-party yard, MARITECH warrants only that the Services are carried out with reasonable skill and care, including common QA checks and hydrostatic testing at site, with formal handover to the vessel’s Chief Engineer or Yard Manager. Such Services are warranted only at the time of delivery/handover, and MARITECH shall have no liability for continued performance thereafter.

12.3A Voyage Support. Where Services are provided during voyage, MARITECH’s role is limited to inspection, diagnostics, troubleshooting, and stabilisation until the next port or docking. Warranty is limited to the exercise of reasonable skill and care at the time of attendance. No warranty is given for permanent rectification until a full workshop overhaul is performed.

12.3B Hybrid Services. Hybrid Services combine onboard dismantling and reinstallation with workshop reconditioning. Accordingly: (i) The workshop portion is covered under Article 12.2 or 12.2A, as applicable. (ii) The onboard portion is covered only under Article 12.3. (iii) MARITECH assumes no responsibility for the pre-existing condition of the Customer’s unit, residual defects, mating parts, compression/tightening values, pipework alignment, or vessel operating conditions. (iv) Transport of Customer-owned components follows Article 4.13.

12.3C Third-Party Works and Customer Scope. Where MARITECH provides Services limited to part of the equipment (for example, reconditioning of plates) while other works on the frame, unit, or associated components are performed by third parties or by the Customer, MARITECH shall bear no responsibility for delays, integration, or the final performance of the unit as a whole. Responsibility for installation, assembly, and commissioning of Customer equipment rests solely with the Customer, unless MARITECH is expressly contracted to perform such installation under a separate Order Confirmation, in which case it shall be chargeable at the applicable Service Rates. Any assistance given by MARITECH in moving or positioning Customer equipment within the yard, dock, or engine room is provided strictly as a courtesy at the Customer’s risk and shall not transfer liability to MARITECH. For the avoidance of doubt, this allocation of responsibility is complementary to the Customer’s Operational Responsibilities under Article 21. Warranties and liabilities under this Article apply only to the specific portion of the scope performed by MARITECH and shall not be aggregated with works performed by the Customer or third parties.

12.4 Remedies. The Customer’s exclusive remedy under this Service warranty shall be, at MARITECH’s option: (a) re-performance of the non-conforming Service; or (b) where re-performance is not commercially reasonable, a pro-rata credit of the fees paid for the affected Service.

12.5 Exclusions. This warranty does not apply where non-performance arises from: (a) the Customer’s failure to follow MARITECH’s instructions or recommendations; (b) use of the Customer’s own personnel or third parties without MARITECH’s approval; (c) conditions outside MARITECH’s reasonable control, including vessel operations and crew maintenance; (d) variations in process/media (temperature, pressure, salinity, fouling, vibration, etc.); (e) the pre-existing condition of the Customer’s equipment; (f) Force Majeure events.

12.6 Consequential Losses. All OCEANSERV service modes exclude indirect and consequential losses, including but not limited to loss of hire/off-hire, deviation, demurrage, wasted dry-dock costs, charterparty penalties, lost profits, or loss of use.

12.7 Disclaimer. MARITECH makes no warranty, express or implied, that the Services will achieve or maintain any specific performance results of the Customer’s vessel, machinery, or systems.

 

 

Article 13- Limitation of Liability for Services

13.1 Scope. MARITECH shall be liable only for direct losses proven to result from its failure to perform Services with reasonable skill and care as required under Article 12.

13.2 Liability Cap. The aggregate liability of MARITECH arising from or in connection with any Service shall not exceed: -the fees paid by the Customer for the specific Service giving rise to the claim; or -for long-term or annual agreements, the total fees paid in the twelve (12) months preceding the claim.

13.3 Excluded Losses. To the fullest extent permitted by law, MARITECH shall not be liable for indirect, incidental, special, punitive, or consequential losses, including loss of hire or off-hire, deviation, demurrage, wasted dry-dock costs, penalties or liquidated damages under charterparties, loss of profit, loss of contracts, or loss of use.

13.4 Performance Disclaimer. MARITECH makes no warranty or representation that the Services will achieve or maintain any specific performance results of the Customer’s vessel, machinery, or systems. Responsibility for the operation and performance of the Customer’s equipment remains solely with the Customer.

13.5 Exclusions of Liability. This limitation applies in particular where loss or damage arises from: (a) improper installation, operation, or maintenance by the Customer or its crew; (b) conditions at the vessel, yard, or worksite beyond MARITECH’s reasonable control; (c) use of Customer’s own personnel or third parties without MARITECH’s written approval.

13.6 Force Majeure. MARITECH shall not be liable for delay or non-performance due to events beyond its reasonable control, including strikes, lockouts, epidemics, pandemics, natural disasters, cyber incidents, or other force majeure events as defined in Article 18.

13.7 Mandatory Law. Nothing in this Article shall exclude or limit MARITECH’s liability where such exclusion is prohibited by mandatory law, including liability for death or personal injury caused by MARITECH’s proven gross negligence or willful misconduct.

13.8 Hybrid Services – Split Liability. For Hybrid Services: -any liability related to the workshop portion is limited in accordance with Articles 12.2/12.2A and Article 8 (Products); -any liability related to the onboard portion is limited in accordance with Articles 12.3 and 13. The two portions are treated separately and shall not be aggregated.

 

SECTION C- GENERAL

Article 14 – Prices, Charges and Expenses

14.1 General Principle. The Contract Price shall include the prices for the Products and/or Services provided by MARITECH to the Customer, as specified in the Offer, Order, or Order Confirmation.

14.2 Products – Price Basis. For the sale and delivery of Products, the prices shall be those stated in MARITECH’s Offer and confirmed in the Order Confirmation.

14.3 Delivery Term. Unless otherwise agreed in writing, delivery shall be Ex Works (EXW, Incoterms® 2020) MARITECH’s designated warehouse or facility.

14.4 Net of VAT and Charges. All quoted prices are net of VAT and other charges. VAT, customs duties, packaging, transport, insurance, and related charges shall be added unless otherwise expressly stated.

14.5 Quoted prices remain valid for seven (7) days from the date of MARITECH’s Offer unless otherwise specified. If an Order is received after this period, MARITECH reserves the right to revise its prices.

14.6 Unless expressly stated otherwise in the Order Confirmation, the Contract Price excludes packaging, transport, insurance, and related charges. MARITECH shall always use safe and environmentally friendly packaging suitable for international transport. Packaging costs shall be charged separately. Freight and insurance shall not be included in the Offer or Order Confirmation. Upon Notice of Readiness, MARITECH will provide the Customer with a quotation for freight and/or insurance based on the Customer’s written shipping instructions. No freight or insurance arrangements shall be made without the Customer’s prior written approval of such quotation. Any additional expenses requested by the Customer, including but not limited to special labeling, preservation, customs clearance, inspections, or certificates, shall be invoiced separately at cost plus a reasonable administrative charge.

14.7 Basis for Service Prices. For Services, unless otherwise agreed in writing, prices shall be based on the labour, materials, and services actually expended, calculated in accordance with MARITECH’s applicable Service Rates in force at the date of the Order Confirmation.

14.8 VAT and Taxes. VAT and other applicable taxes shall be charged in accordance with the law in force at the invoice date, subject to exemptions available for exports or intra-community supplies.

 

Article 15– Payment Method

15.1 Method of Payment. The only acceptable method of payment for the Products and Services provided by MARITECH shall be bank transfer to MARITECH’s bank account stated on the invoice.

15.2 Due Date. The Customer shall pay the price agreed within the period set by MARITECH on the invoice, which shall not exceed thirty (30) days from the invoice date, unless otherwise expressly agreed in writing. Payment shall be deemed made when cleared funds are received in MARITECH’s bank account.

15.3 Bank Charges. The Customer shall bear all bank charges in respect of the transfer to ensure that the net currency and amount received into MARITECH’s account matches the invoiced amount.

15.4 Early Payment Discount. Where payment is received in full within ten (10) days from the invoice date, MARITECH may grant a discount of up to two percent (2%) of the net invoice value. Any such discount must be expressly stated on the invoice to apply.

15.5 Late Payment Interest. Invoices unpaid after the due date shall accrue interest at a rate of one and a half percent (1.5%) per month (18% per annum), compounded annually, or the maximum rate permitted by law, whichever is lower.

15.6 Suspension and Termination. In the event of late payment, MARITECH shall have the right to: (a) suspend performance of its obligations until all outstanding amounts plus interest are paid; (b) demand advance payment for any further Products or Services; and (c) terminate the Contract if the delay exceeds thirty (30) days without further notice.

15.7 Credit Limit. If the Credit Limit set for the Customer is exceeded, the Customer must immediately reduce the outstanding balance below the Limit in order for new Orders to be accepted..

15.8 No Set-Off / Withholding. The Customer shall not withhold, set off, or deduct any amounts from payments due to MARITECH on account of claims, counterclaims, or disputes, unless and until such claims are finally adjudicated by a competent court or arbitral tribunal.

15.9 Recovery Costs. In the event of non-payment, MARITECH shall be entitled to recover from the Customer all reasonable costs and expenses incurred in enforcing payment, including legal fees, debt collection charges, and court/arbitration costs, in addition to interest under Clause 15.5.

15.10 Advance Payments and Proforma. For certain Orders, particularly custom-made or special-order Products, or where significant resources, additional workmanship, or expedited production are required, MARITECH reserves the right to require an advance payment or down payment, including up to one hundred percent (100%) of the Contract Price. Such payment shall be made against MARITECH’s proforma invoice. Production, procurement, or shipment shall not commence until the advance payment has been received in cleared funds. In case of non-payment of the advance, MARITECH may suspend or cancel the Order without liability.

 

Article 16- Termination of the Contract

16.0 Scope. This Article applies to termination and cancellation of Product Contracts. Rules governing cancellation of Services are set out separately in Article 11. The general provisions on breach, non-payment, or insolvency in this Article apply to both Products and Services.

16.1 Cancellation of Standard Products. The Customer may cancel an Order for standard Products only by written notice received and acknowledged by MARITECH prior to delivery. In such case, the Customer shall pay to MARITECH a contractual cancellation charge equal to thirty-five percent (35%) of the net price of the cancelled items.

16.2 Custom or Special-Order Products. Orders for Products manufactured, adapted, or procured on a custom-made or special-order basis are strictly non-cancellable and non-returnable once confirmed by MARITECH.

16.3 After Delivery. No cancellation shall be permitted once Products have been delivered. Returns, if any, shall be handled exclusively under the provisions of Article 17 (Claims / RMA).

16.4 Termination by MARITECH. MARITECH shall have the right to terminate the Contract in whole or in part if: (a) performance is prevented or substantially hindered by events of Force Majeure as defined in Article 18; (b) the Customer is in breach of its obligations and fails to remedy within thirty (30) days after written notice; (c) the Customer fails to pay undisputed amounts by the due date; or (d) bankruptcy, liquidation, restructuring, or similar proceedings are initiated against the Customer.

16.5 Financial Condition. If MARITECH reasonably believes that the Customer may not be able to fulfil its payment obligations, it may request an adequate payment guarantee. Failure to provide such guarantee shall entitle MARITECH to suspend or terminate the Contract without liability.

16.6 Termination for Non-Payment. If the Customer refuses or fails to pay any undisputed amount within thirty (30) days of the due date, MARITECH may, without prejudice to any other rights, immediately: (a) suspend further deliveries or Services; (b) declare all outstanding sums immediately due and payable (acceleration); and (c) terminate the Contract with immediate effect, retaining ownership of Products not fully paid for pursuant to Article 6 (Risk and Title).

 

 

Article 17 – Claims

17.1 Return Authorization. Products may only be returned with MARITECH’s prior written approval and a valid Return Material Authorization (RMA) number issued in advance. Products returned without such approval or RMA may be refused, held at the Customer’s expense, or disposed of without credit.

17.2 Condition of Returned Products. Returned Products must be unused, complete, and in their original packaging, including all manuals, accessories, and documentation. Products that are damaged, incomplete, used, or otherwise unsaleable may be rejected for credit.

17.3 Customer Costs. Unless the return is due to a proven MARITECH non-conformity, all returns are accepted for credit only and subject to MARITECH’s inspection and evaluation. A restocking fee of up to fifteen percent (15%) of the invoiced value will be applied at MARITECH’s discretion. Freight, insurance, customs, and duties related to returns shall be prepaid by the Customer unless otherwise agreed in writing.

17.4 MARITECH Liability for Non-Conformity. In the case of a verified MARITECH non-conformity, MARITECH shall, at its sole discretion, repair, replace, or credit the Products. MARITECH will bear reasonable return freight costs in such cases only.

17.5 Notification Period. The Customer must notify MARITECH in writing of any visible damage, shortage, or non-conformity within seven (7) days of delivery. Claims relating to hidden defects must be notified immediately upon discovery. Absent such notice, the Products shall be deemed unconditionally accepted.

17.6 Inspection and Verification. All claims are subject to inspection by MARITECH. MARITECH reserves the right to require verification by an independent surveyor or classification society, at the Customer’s cost if the claim is not upheld. No claim shall be valid until such inspection or verification is completed.

17.7 Submission of Claims. All notices or claims relating to the return of Products under this Article must be submitted in writing to support@maritechgroup.com (or any other address notified by MARITECH). Each notice must include, at a minimum: Order/Invoice number, Product/Part number, supporting photographs, and a brief description of the alleged defect. Claims submitted in any other manner shall not be valid. MARITECH will acknowledge receipt of claims within two (2) Business Days.

 

Article 18- Force Majeure

18.1 Definition and Relief. Either Party shall be excused from timely performance of its obligations under the Contract where performance is prevented or impeded by events beyond its reasonable control, identified as events of Force Majeure as defined in Article 1. Such events include, but are not limited to, acts of God, war, epidemics, pandemics, natural disasters, government actions, supply chain disruptions, labor strikes, and cyber incidents such as ransomware, hacking, denial-of-service attacks, data breaches, or major IT system failures beyond the affected Party’s reasonable control.

18.2 Additional Costs / Yard & Port Strikes. If delay is caused by Force Majeure events which could not have been controlled or avoided by MARITECH despite reasonable efforts, any additional costs incurred during the period of delay (including storage, insurance, or standby costs) shall be borne by the Customer. This includes yard, port, or dock strikes, lockouts, or other events outside MARITECH’s control.

18.3 Duty to Inform. The Parties shall exchange necessary information without undue delay and adjust their obligations in good faith to the changed circumstances for the period such events continue.

18.4 Mitigation. Each Party shall use commercially reasonable efforts to mitigate the effects and duration of Force Majeure events.

18.5 Suspension and Long-Stop. If a Force Majeure event prevents performance for more than sixty (60) consecutive days, either Party may suspend performance of the affected obligations. If such prevention continues for more than one hundred twenty (120) consecutive days, either Party may terminate the affected part of the Contract on written notice without liability to the other Party, save for payments due for Products delivered or Services performed up to the effective date of termination and reasonable demobilization costs.

18.6 Costs and Risk During Suspension. During any suspension under this Article, all costs of storage, insurance, preservation, and reasonable demobilization/remobilization of Products or personnel shall be for the Customer’s account. Risk and title shall remain governed by Article 6; for the avoidance of doubt, legal title shall not pass until full payment has been received by MARITECH. For the avoidance of doubt, the Holding (Maritech Group Holding Ltd) shall have no obligation to perform, mitigate, or assume liability for any Force Majeure event affecting a subsidiary or its operations.

 

Article 19- Intellectual Property

19.1 Ownership. All intellectual property rights, including but not limited to drawings, patterns, technical data, designs, specifications, manuals, know-how, trademarks, trade names, and any other proprietary materials prepared, produced, or supplied in connection with the Contract (“MARITECH IP”), are and shall remain the exclusive property of Maritech Group Holding Limited (Hong Kong).

19.2 License to Subsidiaries. Maritech Group Holding Limited (Hong Kong) grants to its operational subsidiaries (including Maritech Hellas S.A., Maritech Singapore Pte. Ltd., and any other affiliate designated as Contractor under the Contract) a non-exclusive, non-transferable license to use MARITECH IP solely for the purposes of manufacturing, supplying, and servicing Products and Services under these Terms.

19.3 Restrictions for Customer. The Customer may use MARITECH IP only as strictly necessary for the operation and maintenance of the Products and Services supplied under the Contract. The Customer shall not copy, disclose, modify, adapt, reverse engineer, sublicense, or make MARITECH IP available to any third party, nor use MARITECH IP for the manufacture of spare parts, for independent service works, or in any manner in competition with MARITECH, without MARITECH’s prior written consent.

19.4 Use by Agents / Franchisees / Distributors. Where MARITECH authorises an agent, distributor, or franchisee to act on its behalf, such party shall receive only a limited, revocable license to use MARITECH IP strictly in connection with the promotion and supply of MARITECH Products and Services. Any broader use, including sublicensing or adaptation, is prohibited without MARITECH’s express prior written consent.

19.5 Customer-Provided Materials. If the Customer provides MARITECH with drawings, models, specifications, or other instructions for the manufacture or supply of Products or Services, the Customer represents and warrants that such materials do not infringe the intellectual property rights of any third party. The Customer shall indemnify, defend, and hold MARITECH harmless from and against any claims, damages, losses, liabilities, or expenses (including legal fees) arising from such infringement.

 

Article 20- Safety and Health Responsibilities of the Customer

20.1 Safe Access. The Customer shall ensure, so far as reasonably practicable, that safe means of access are provided and maintained at every place where MARITECH personnel are required to work. Access ways must remain clear of obstructions and hazards that could compromise footing, grip, or safety.

20.2 Disclosure of HSE Requirements. The Customer shall inform MARITECH in writing, in advance, of all health, safety, security, and environmental (HSSE) rules, procedures, and instructions applicable at the worksite. MARITECH reserves the right, but not the obligation, to review and inspect such procedures and conditions.

20.3 Stop Work Authority. If, in MARITECH’s reasonable opinion, the safety, health, or welfare of its personnel, or the security of the worksite, is at risk due to hazardous conditions, unsafe practices, or exposure to dangerous materials, MARITECH may immediately stop or suspend the Services. MARITECH may evacuate its personnel and shall not be liable for any delay or non-performance resulting from such suspension. The Customer shall reimburse MARITECH for all reasonable costs incurred due to suspension and remobilization.

20.4 Hazardous Conditions. The Customer shall disclose to MARITECH all industrial hygiene and environmental data regarding conditions that may affect MARITECH’s work or personnel. MARITECH accepts no responsibility for the pre-existing condition of the Customer’s equipment or site. Prior to commencement, the Customer shall provide documentation identifying any hazardous materials or restricted substances present, and MARITECH shall be entitled to suspend or withdraw its personnel if such documentation is not provided or if conditions are unsafe.

20.5 Indemnity. The Customer shall indemnify and hold MARITECH harmless from any claims, losses, damages, fines, penalties, or expenses (including legal fees) arising out of unsafe working conditions, hazardous materials, or environmental contamination that were present before MARITECH’s work commenced or that are caused by the Customer, its employees, contractors, or agents.

20.6 Last Minute Risk Assessment (LMRA). MARITECH personnel shall conduct an LMRA prior to commencing work onboard or at the yard. Work shall not begin until identified hazards are addressed to MARITECH’s satisfaction.

20.7 Worksite Readiness. The Customer shall ensure that the worksite (yard, dock, berth, or vessel) is properly prepared, safe, accessible, and suitable for the performance of the Services at the scheduled time for MARITECH’s personnel. MARITECH shall bear no liability for standby, delay, or additional cost caused by unprepared, inaccessible, or unsafe worksites.

20.8 Waste Disposal. Disposal of waste, sludge, used gaskets, or chemicals generated during the Services shall remain the responsibility of the Customer, unless MARITECH is expressly contracted to handle such disposal under a separate chargeable scope.

 

Article 21- Operational Responsibilities of the Customer

21.1 Third-Party Interference. MARITECH shall have no liability for delays, damages, or non-performance caused by the acts or omissions of other contractors, subcontractors, or third parties present at the yard or onboard. Any additional costs, waiting, or rework arising therefrom shall be chargeable to the Customer.

21.2 Access Permits & Port Formalities. The Customer shall secure all access permits, port clearances, ISPS passes, and statutory authorizations required for MARITECH personnel to attend the vessel or yard. Any delays or costs arising from the unavailability of such permits or formalities shall be for the Customer’s account.

 

Article 22- Insurance

22.1 MARITECH Coverage. MARITECH maintains insurance coverage appropriate to its business operations and statutory obligations, including general liability and employer’s liability insurance, in line with applicable laws and customary market practice.

22.2 No Extension of Liability. Nothing in these Terms shall be construed as extending MARITECH’s liability beyond the limitations expressly stated herein. The existence of insurance does not create rights or claims in favor of the Customer, nor shall it increase MARITECH’s contractual obligations, nor be interpreted as an undertaking to procure insurance for the Customer’s benefit. The insurance programmes maintained by Maritech Group Holding Ltd (Hong Kong) are internal corporate policies established for governance and compliance oversight only and do not extend to Customers, third parties, or to the contractual obligations of the operating subsidiaries.

22.3 Certificates of Insurance. Upon reasonable written request, MARITECH may provide a certificate of insurance evidencing the existence of cover. Such certificate is provided for information purposes only and shall not amend, extend, or modify MARITECH’s liability, nor confer any rights on the Customer or third parties.

22.4 Customer Insurance. The Customer shall maintain, at its own expense, adequate insurance covering its own property, cargo, vessels, and equipment, including but not limited to hull & machinery, P&I, and cargo insurance. The Customer shall ensure that such policies include a waiver of subrogation against MARITECH to the extent permitted by law and shall be primary and non-contributory to any insurance maintained by MARITECH.

22.5 Excluded Risks. MARITECH’s insurance does not cover the Customer’s property, cargo, or vessels, which remain the sole responsibility of the Customer.

22.6 Adjustments. MARITECH reserves the right to adjust its insurance programs, levels of cover, or insurers at any time, provided that adequate cover is maintained in accordance with industry practice.

22.7 Voyage Attendance. During voyage attendance, MARITECH personnel are considered guests onboard the Customer’s vessel. The Customer shall ensure that valid P&I and statutory vessel insurances remain in force at all times. MARITECH’s insurance does not extend to the Customer’s vessel, cargo, or any consequential losses (including loss of hire, off-hire, deviation, or demurrage). Responsibility for providing a safe, insured environment during voyage attendance rests solely with the Customer.

 

Article 23- Taxes and Fees

23.1 Customer Responsibility. The Customer shall be responsible for paying all duties, taxes, levies, withholding taxes, customs charges, import/export fees, and any other official charges arising in connection with the Contract, unless expressly stated otherwise in writing by MARITECH.

23.2 Documentation. The Customer shall obtain, maintain, and bear the cost of all permits, licenses, exemptions, and approvals required under applicable laws for the import, export, transfer, or use of the Products and Services.

23.3 Withholding Taxes. If any withholding or deduction is required by law, the Customer shall gross-up the payment so that MARITECH receives the full net amount invoiced, free of any deduction or set-off. Evidence of such withholding and payment to the relevant authority shall be provided to MARITECH promptly upon request.

23.4 VAT and Indirect Taxes. Value Added Tax (VAT), Goods and Services Tax (GST), or other indirect taxes, if applicable, shall be charged to the Customer in accordance with the law in force at the invoice date, unless valid exemption documentation is provided in advance.

 

Article 24- Confidentiality and Customer’s data

24.1 Data Protection. By entering into the Contract, the Customer consents to the processing of its personal data by MARITECH in accordance with applicable data protection laws, including the EU General Data Protection Regulation (GDPR) where applicable. Personal data shall be used only for the purposes of contract performance, invoicing, compliance, and related legitimate business interests.

24.2 Confidential Information. Neither Party shall, without the prior written consent of the other, disclose to any third party any information, documents, or data (whether oral, written, digital, or otherwise) received from the other Party in connection with the Contract which is designated as confidential or which by its nature ought reasonably to be regarded as confidential.

24.3 Permitted Disclosures. Disclosure shall be permitted only (i) to employees, agents, or subcontractors who need to know for the purposes of performance and who are bound by equivalent confidentiality obligations, or (ii) where required by law, court order, or competent authority.

24.4 Restrictions. Confidential information provided by one Party shall not be copied, used, or disclosed for purposes other than performance of the Contract, without prior written approval.

24.5 Data Rights. Customers may request correction or deletion of their personal data by contacting support@maritechgroup.com . MARITECH retains personal data only as long as necessary for contract performance, compliance with legal obligations, or defense of legal claims.

24.6 Survival. The obligations of confidentiality and data protection shall survive termination or expiry of the Contract for a period of five (5) years, or longer if required by applicable law.

 

Article 25-Export Compliance

25.1 Compliance with Laws. The Customer shall ensure that the Products and Services are used, exported, re-exported, transferred, or otherwise dealt with in full compliance with all applicable export control, customs, and sanctions laws and regulations, including those of the European Union, the United Kingdom, the United States, and Singapore.

25.2 Prohibited End-Uses. The Customer shall not use, export, re-export, divert, or transfer the Products or Services for any purpose prohibited by applicable law, including but not limited to the development, production, or use of weapons of mass destruction (nuclear, chemical, biological), missile technology, or any other restricted military end-use.

25.3 Sanctioned Parties and Destinations. The Customer shall not transfer the Products or Services to any individual, entity, vessel, or country subject to trade or financial sanctions imposed by the EU, UK, US, UN, or other applicable jurisdictions.

25.4 Suspension Rights. If MARITECH reasonably believes that performance of the Contract would breach or risk breach of export control or sanctions regulations, MARITECH may suspend or cancel the Contract without liability.

25.5 Customer Obligations. The Customer shall promptly provide to MARITECH, upon request, all end-use, end-user, and destination information, export/import licenses, and supporting documents necessary for compliance.

25.6 Anti-Bribery and Ethics. The Parties shall conduct all dealings in compliance with applicable anti-bribery, anti-corruption, and trade compliance laws, including but not limited to the UK Bribery Act 2010 and the US Foreign Corrupt Practices Act (FCPA). No bribes, kickbacks, or other improper payments may be made, offered, or accepted in connection with the Contract.

25.7 Right to Audit. MARITECH reserves the right, upon reasonable notice, to request information or conduct audits (including documentation review) to verify the Customer’s compliance with applicable export control, sanctions, and anti-bribery laws. The Customer shall cooperate fully with such requests. Failure to provide adequate assurance may entitle MARITECH to suspend or terminate the Contract without liability.

25.8 Indemnity. The Customer shall indemnify and hold MARITECH harmless from any fines, penalties, losses, or expenses (including legal fees) resulting from the Customer’s breach of this Article.

 

Article 26-Law, Jurisdiction and Legal Separation of Entities

26.1 Group Standard. Unless otherwise expressly agreed, these Terms and any Agreement shall be governed by and construed in accordance with the laws of England & Wales. Any dispute shall be finally resolved by arbitration under the Rules of the London Court of International Arbitration (LCIA), seated in London, and conducted in the English language. The arbitral award shall be final and binding upon the Parties.

26.2 Local Contracts. Contracts are concluded only by the relevant operational MARITECH entity in its own name and jurisdiction. Accordingly: Maritech Hellas Ltd. → Greek law, exclusive jurisdiction of the courts of Athens. Maritech Global Pte. Ltd. → Singapore law, exclusive jurisdiction of the courts of Singapore.

26.3 Clarification. Maritech Group Holding Ltd (Hong Kong) is a non-operating parent company providing strategic and governance oversight only. It shall not act as a contracting party under these Terms and has no liability for sales or services executed by its subsidiaries. Its oversight role shall not create agency or joint liability with any subsidiary.

26.4 Interim Measures and Enforcement. Nothing in this Article shall prevent MARITECH from seeking interim measures, debt collection, or enforcement of arbitral awards or court judgments in any competent court where the Customer or its assets are located.

 

Article 27– Entire Agreement

27.1 Entire Agreement. These Standard Terms and Conditions, together with the Order Confirmation (and any separate signed agreement where expressly executed under Article 2.2), constitute the entire agreement and understanding between the Parties and supersede all prior statements, representations, negotiations, or agreements, whether oral or written, relating to the subject matter of the Contract.

27.2 Version Control. The Terms and Conditions in effect at the time of MARITECH’s Order Confirmation govern the Contract for that specific Order. Each Order Confirmation shall reference the applicable Terms’ version number and effective date. Updated Terms shall apply only to Orders confirmed after their effective date.

27.3 Severability. If any provision of these Terms is held invalid, illegal, or unenforceable, the remaining provisions shall remain valid and enforceable to the fullest extent permitted by law.

27.4 Amendments. No alteration, modification, or waiver of the Contract shall be effective unless made in writing and signed (including by e-signature or electronic confirmation) by duly authorized representatives of both Parties. Oral modifications or informal communications shall not be binding.

27.5 Survival. The provisions relating to confidentiality, governing law and jurisdiction, limitation of liability, warranty exclusions, intellectual property, and any other clauses which by their nature are intended to survive, shall remain in full force notwithstanding termination or expiry of the Contract.

27.6 Errors and Omissions. Any typographical errors, clerical mistakes, or unintentional omissions in Offers, Order Confirmations, invoices, or other documents issued by MARITECH may be corrected at any time without liability. If the Customer believes an error or omission exists, it shall promptly notify MARITECH in writing for clarification.

27.7 No Reliance. The Customer acknowledges that it has not relied on, and shall have no remedy in respect of, any statement or representation not expressly set out in the Contract. Marketing materials, catalogues, or brochures shall not form part of the Contract. Technical advice, verbal estimates of time to repair, or attendance during voyage shall not be relied upon as guarantees of outcome or uptime unless expressly warranted in the Order Confirmation under the applicable OCEANSERV mode.

 

Article 28– Notices

28.1 Addresses for Notices. All notices, claims, or other communications under these Terms must be made in writing and sent to the following addresses (or such other addresses as MARITECH may notify in writing): – Orders & Commercial: spares@maritechgroup.com – Support & Returns (RMA): support@maritechgroup.com – Legal & Contractual: legal@maritechgroup.com

28.2 Valid Delivery. A notice shall be deemed validly given only if sent by email, courier, or registered mail to the above addresses. Notices sent to individual employees shall not be deemed effective unless expressly acknowledged in writing by MARITECH.

28.3 Deemed Receipt. (a) If sent by email, a notice shall be deemed received when transmitted, provided no permanent failure message is received. If transmitted after 17:00 at the recipient’s place of business, it shall be deemed received the next Business Day. (b) If delivered by courier, a notice shall be deemed received upon physical receipt. (c) If sent by registered mail, a notice shall be deemed received five (5) Business Days after dispatch.

28.4 Definition of Business Day. “Business Day” means any day other than Saturday, Sunday, or a public holiday in the recipient’s place of business.

 

Article 29– Governing Language

29.1 Contract Language. These Terms and Conditions are drafted in English. In the event of any translation into another language, the English version shall prevail and be binding in case of conflict or inconsistency.

29.2 Communications. All correspondence, notices, and contractual communications between the Parties shall be conducted in English, unless MARITECH expressly agrees in writing to the use of another language.

Group Notice. MARITECH Group Holding Ltd publishes these Terms as the unified contractual framework for its subsidiaries. Contractual counterparties remain the respective operating entities identified in Order Confirmations. Nothing herein creates any contractual relationship between the Customer and MARITECH Group Holding Ltd.