Terms and Conditions

Definitions

Elite Marine Supplies: Elite Marine Supplies LLC, established in Dubai, Trade license no. 1120610.
Customer: the party which Elite Marine Supplies has entered into an agreement with.
Parties: Elite Marine Supplies and Customer together.
Consumer: a customer who is an individual acting for private purposes.

Applicability

These terms and conditions will apply to all quotations, invoices, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Elite Marine Supplies.
Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.

Offers and Quotations

Offers and quotations from Elite Marine Supplies are without engagement, unless expressly stated otherwise.
An offer or quotation is valid for a maximum period of 7 days from its issue date, unless another acceptance period is stated in the offer or quotation.
If the customer does not accept an offer or quotation within the applicable time frame, the offer or quotation will lapse.
Offers and quotations do not apply to repeated orders, unless the parties have agreed upon this explicitly and in writing.
Special and/or emergency orders will be assessed per request/project.
In the event of special events or circumstances, Elite Marine Supplies reserves the right to apply alternative terms and conditions with respect to quotes and invoices.

Acceptance

Upon acceptance of a quotation or offer without engagement, Elite Marine Supplies reserves the right to withdraw the quotation or offer within 3 days after receipt of the acceptance, without any obligations towards the customer.
Verbal acceptance of the customer only commits Elite Marine Supplies after the customer has confirmed this in writing (or electronically).

Prices

All prices used by Elite Marine Supplies are in Dirhams, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.
Elite Marine Supplies is entitled to adjust all prices for its products or services, shown on its website or otherwise, at any time.
The parties agree on a total price for a service provided by Elite Marine Supplies. This is always a target price, unless the parties have explicitly agreed upon in writing on a fixed price, which cannot be deviated from.
Elite Marine Supplies can deviate up to 10% of the target price.
If the target price exceeds 10%, Elite Marine Supplies must let the customer know why a higher price is justified in due time.
If the target price exceeds 10%, the customer has the right to cancel the part of the order that exceeds the target price by 10%.

Payments and Payment Term

Elite Marine Supplies may, after the agreement, require a down payment of up to 50% of the agreed amount.
The customer must have paid the full amount within 14 days, after the invoice date.
Payment terms are considered fatal payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default, without Elite Marine Supplies having to send the customer a reminder or put him in default.
Elite Marine Supplies reserves the right to make a delivery conditional upon immediate payment or to require adequate security for the total amount of the services or products.
Invoices will be addressed directly to the Customer, (Vessel or Superyacht).
Invoices may be paid by either Customer or Yacht Management of Customer.

Consequences of Late Payment

If the customer does not pay within the agreed term, Elite Marine Supplies is entitled to charge an interest of 4% per month for non-commercial transactions from the day the customer is in default, whereby a part of a month is counted for a whole month.
When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to Elite Marine Supplies.
The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.
If the customer does not pay on time, Elite Marine Supplies may suspend its obligations until the customer has met his payment obligation.
In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of Elite Marine Supplies on the customer are immediately due and payable.
If the customer refuses to cooperate with the performance of the agreement by Elite Marine Supplies, he is still obliged to pay the agreed price to Elite Marine Supplies.

Right of Recovery of Goods

As soon as the customer is in default, Elite Marine Supplies is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
Elite Marine Supplies invokes the right of recovery by means of a written or electronic announcement.
As soon as the customer has been informed of the claimed right of recovery, the customer must immediately return the products concerned to Elite Marine Supplies, unless the parties agree to make other arrangements about this.
The costs for the collection or return of the products are at the expense of the customer.

Right of Retention

Elite Marine Supplies can appeal to his right of retention of title and in that case retain the products sold by Elite Marine Supplies to the customer until the customer has paid all outstanding invoices with regard to Elite Marine Supplies, unless the customer has provided sufficient security for these payments.
The right of retention of title also applies on the basis of previous agreements from which the customer still owes payments to Elite Marine Supplies.
Elite Marine Supplies is never liable for any damage that the customer may suffer as a result of using his right of retention of title.

Settlement

The customer waives his right to settle any debt to Elite Marine Supplies with any claim on Elite Marine Supplies.

Retention of Title

Elite Marine Supplies remains the owner of all delivered products until the customer has fully complied with all its payment obligations about Elite Marine Supplies under whatever agreement with Elite Marine Supplies including claims regarding the shortcomings in the performance.
Until then, Elite Marine Supplies can invoke its retention of title and take back the goods.
Before the property is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
If Elite Marine Supplies invokes its retention of title, the agreement will be dissolved and Elite Marine Supplies has the right to claim compensation, lost profits and interest.

Delivery

Delivery takes place at a designated place, agreed upon by both parties, often but not exclusively in the Dubai Harbour, Mina Rashid or Yas Marina.
Any delivery period specified by Elite Marine Supplies is indicative and does not give the customer the right to dissolution or compensation if this period is not met, unless the parties have expressly agreed otherwise in writing.
The delivery period starts after the customer has given verbal or written consent by WhatsApp, Telegram, Email or mobile, and/or signed the agreement, and Elite Marine Supplies has confirmed in writing or electronically.
Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless Elite Marine Supplies cannot deliver within 14 days after being urged in writing, or unless agreed otherwise.
The customer must ensure that the actual delivery of the products ordered can take place in time.

Packaging and Shipping

If the package of a delivered product is damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product. In the absence of this, Elite Marine Supplies may not be held liable for any damage.
If the customer takes care of the transport of a product, he must report any visible damage to products or packaging to Elite Marine Supplies before the transport. Failing this, Elite Marine Supplies cannot be held liable.

Insurance

The customer undertakes to insure and keep insured against fire, explosion, water damage and theft: goods delivered that are necessary for the execution of the agreement, goods being property of Elite Marine Supplies at the premises of the customer, and goods delivered under retention of title.
At the first request of Elite Marine Supplies, the customer provides the insurance policy for inspection.

Storage

If the customer orders products later than the agreed delivery date, the risk of quality loss is entirely for the customer.
Any extra costs as a result of premature or late purchase are entirely at the customer’s expense.

Guarantee

When parties have entered into an agreement with services included, these services only contain best-effort obligations for Elite Marine Supplies, not obligations of results.
The warranty relating to products only applies to defects caused by faulty manufacture, construction or material.
The warranty does not apply in the event of normal wear and tear or damage resulting from accidents, changes, negligence or improper use by the customer, or when the cause of the defect cannot clearly be established.
The risk of loss, damage or theft of products passes to the customer when products are legally and/or factually delivered, or received by a third party on behalf of the customer.

Performance of the Agreement

Elite Marine Supplies executes the agreement to the best of its knowledge and ability and in accordance with good workmanship.
Elite Marine Supplies has the right to have agreed services (partially) performed by third parties.
The execution of the agreement takes place in mutual consultation and after written agreement and payment of any advance.
The customer must ensure Elite Marine Supplies can start the implementation on time.
If the customer has not ensured timely start, additional costs and/or extra hours will be charged.

Duty to Inform by the Customer

The customer shall make available all information, data and documents relevant to proper execution of the agreement in time and in the desired format.
The customer guarantees the correctness, completeness and reliability of such information, even if from third parties, unless otherwise agreed.
If requested, Elite Marine Supplies will return the relevant documents.
If information is not provided timely, delays and extra costs will be charged to the customer.

Indemnity

The customer indemnifies Elite Marine Supplies against all third-party claims related to products and/or services supplied by Elite Marine Supplies.

Complaints

The customer must examine a product or service as soon as possible for shortcomings.
If not compliant, the customer must inform Elite Marine Supplies as soon as possible, but within 2 days of discovery.
Consumers must also inform Elite Marine Supplies within 2 days of discovery.
The customer must give a detailed description so Elite Marine Supplies can respond adequately.
The customer must demonstrate that the complaint relates to an agreement between the parties.
If a complaint relates to ongoing work, it cannot force Elite Marine Supplies to perform other work than agreed.

Giving Notice

The customer must provide any notice of default to Elite Marine Supplies in writing.
It is the customer’s responsibility to ensure the notice actually reaches Elite Marine Supplies in time.

Return Policy

Any request for a return must be submitted in writing and is subject to mutual agreement between the parties prior to the return of any goods.
Custom-made items shall be non-returnable and non-refundable once the quotation has been accepted.
Notwithstanding the foregoing, custom-made items may be returned only under the following circumstances: (a) the items are defective or damaged, or (b) Elite Marine Supplies provides prior written authorization for the return.
In the event that a return is approved, replacement of the item shall be prioritized. Refunds shall only be granted if a suitable replacement cannot be provided.

Joint and Several Client Liabilities

If Elite Marine Supplies enters into an agreement with several customers, each of them is jointly and severally liable for the full amounts due under that agreement.

Liability of Elite Marine Supplies

Elite Marine Supplies is only liable for damage suffered by the customer if caused by intent or gross negligence.
If liable, it is only for direct damages related to the execution of the agreement.
Elite Marine Supplies is never liable for indirect damages such as consequential loss, lost profit, lost savings or third-party damage.
Liability is limited to the amount paid by professional liability insurance or, if absent, to the invoice amount related to the liability.
All images, photos, drawings, descriptions are indicative and cannot lead to compensation or dissolution of the agreement.

Expiry Period

Every right to compensation from Elite Marine Supplies expires within 12 months after the event from which the liability arises, unless otherwise provided by Dutch Civil Code article 6:89.

Dissolution

The customer has the right to dissolve the agreement if Elite Marine Supplies imputably fails, unless the shortcoming is of minor significance.
If performance is temporarily impossible, dissolution can only take place after default has been established.
Elite Marine Supplies may dissolve the agreement if the customer does not fulfill obligations, or if there are grounds to fear non-fulfillment.

Force Majeure

A shortcoming of Elite Marine Supplies cannot be attributed when obligations are prevented due to circumstances beyond its will.
Force majeure includes but is not limited to: state of emergency, riots, natural disasters, supplier defaults, power outages, internet issues, strikes, government measures, transport problems, bad weather and work stoppages.
Obligations are suspended until Elite Marine Supplies can comply.
If force majeure lasts 30+ days, both parties may dissolve the agreement in whole or in part.
Elite Marine Supplies does not owe compensation in a force majeure situation, even if it gains advantages from it.

Modification of the Agreement

If, after conclusion and before implementation, it appears necessary to adjust the contents, parties shall adjust the agreement in mutual consultation.

Changes in the General Terms and Conditions

Elite Marine Supplies is entitled to amend or supplement these terms and conditions.
Minor changes can be made at any time.
Major changes will be discussed with the customer in advance where possible.
Consumers may cancel the agreement in the event of a substantial change.

Transfer of Rights

The customer cannot transfer rights from an agreement with Elite Marine Supplies to third parties without prior written consent.
This provision applies as a clause with property law effect under Section 3:83(2) Dutch Civil Code.

Consequences of Nullity or Annulability

If one or more provisions are null or annulled, this does not affect other provisions.
A null provision will be replaced by one closest to the intention of Elite Marine Supplies when drafting the condition.

Applicable Law and Competent Court

UAE law exclusively applies to all agreements between the parties.