{"id":518,"date":"2026-10-21T17:36:35","date_gmt":"2026-10-21T15:36:35","guid":{"rendered":"https:\/\/www.harms-correx.com\/terms-and-conditions\/"},"modified":"2026-10-22T09:59:28","modified_gmt":"2026-10-22T07:59:28","slug":"terms-and-conditions","status":"publish","type":"page","link":"https:\/\/www.harms-correx.com\/en\/terms-and-conditions\/","title":{"rendered":"TERMS AND CONDITIONS"},"content":{"rendered":"\n
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GENERAL TERMS AND CONDITIONS FOR THE SUPPLY OF CORREX PRODUCTS AND THE PERFORMANCE OF CORREX PRESERVATION SERVICES<\/strong><\/h2>\n\n\n\n

HARMS CORREX GmbH \u2014 Edition 01 \/ 2026 \u2014 English law \u00b7 GMAA arbitration Hamburg<\/em><\/p>\n\n\n\n

1. DEFINITIONS AND INTERPRETATION1. BEGRIFFSBESTIMMUNGEN UND AUSLEGUNG<\/strong><\/h3>\n\n\n\n

1.1<\/strong> In these Conditions the following words have the following meanings:<\/p>\n\n\n\n

(a)<\/strong> “Company” means Harms Correx GmbH , Register Pinneberg HRB 13191.<\/p>\n\n\n\n

(b)<\/strong> “Company Group” means the Company, its parent, subsidiary and affiliated companies, its and their sub-contractors (of any tier), suppliers, agents, servants, employees, officers, directors, consultants and experts, any vessel, craft, equipment or plant owned, chartered, hired or operated by any of them, and the respective insurers of each of them.<\/p>\n\n\n\n

(c)<\/strong> “Conditions” means these general terms and conditions as amended from time to time in accordance with Clause 2.4.<\/p>\n\n\n\n

(d)<\/strong> “Contract” means each contract between the Company and the Customer for the supply of Products and\/or the performance of Services, that incorporates these Conditions.<\/p>\n\n\n\n

(e)<\/strong> “Customer” means the person, firm or company placing an Order with the Company and, where the Customer contracts as agent, also its principal.<\/p>\n\n\n\n

(f)<\/strong> “Customer Group” means the Customer, the Owners, managers, operators, bareboat and other charterers of the Vessel, the Customer’s parent, subsidiary and affiliated companies, its and their other contractors and sub-contractors (of any tier), agents, servants, employees, officers, directors, cargo interests, salvors and other parties engaged at the Site, and the respective insurers of each of them, but excluding any member of the Company Group.<\/p>\n\n\n\n

(g)<\/strong> “Consequential Loss” has the meaning given in Clause 12.3 of these Conditions<\/p>\n\n\n\n

(h)<\/strong> “Completion” means the date on which the Company’s personnel cease work on the last Unit under the relevant Contract, or the date on which the Contract is otherwise terminated, whichever is the earlier.<\/p>\n\n\n\n

(i) <\/strong>“Order” means the Customer’s order for Products and\/or Services.<\/p>\n\n\n\n

(j) “Owners” or \u201cOwner\u201dmeans the registered owners or owner of the Vessel.<\/p>\n\n\n\n

(k)<\/strong> “Products” means CORREX corrosion-inhibiting products and any other goods, chemicals, consumables or materials supplied by the Company.<\/p>\n\n\n\n

(l) “Quotation” means a written quotation, offer or tender issued by the Company.<\/p>\n\n\n\n

(m)<\/strong> “Services” means the CORREX preservation treatment and any related survey, inspection, cleaning, drying, advisory or other work performed by the Company, whether or not Products are also supplied.<\/p>\n\n\n\n

(n) “Site” means the Vessel, yard, workshop, quay or any other location where the Services are performed.<\/p>\n\n\n\n

(o)<\/strong> “Unit” means each engine, turbocharger, generator, pump, switchboard, electrical or electronic component, machinery item or other object presented by the Customer for treatment.<\/p>\n\n\n\n

(p)<\/strong> “Vessel” means the ship, unit or installation identified in the Quotation or Order, including her machinery, equipment, bunkers, stores and cargo.<\/p>\n\n\n\n

1.2<\/strong> A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.<\/p>\n\n\n\n

1.3<\/strong> “Writing” and “written” includes e-mail. Clause headings are for convenience only and do not affect interpretation or construction of these Conditions. “Including” and “in particular” are without limitation. <\/p>\n\n\n\n

1.4<\/strong> The singular includes the plural and vice versa.<\/p>\n\n\n\n

2. APPLICATION OF THESE CONDITIONS<\/strong><\/h3>\n\n\n\n

2.1<\/strong> These Conditions apply to, and are the only conditions applicable to, every Quotation, Order and Contract for the supply of Products and\/or the performance of Services by the Company. They apply to all present and future business between the parties as a framework arrangement, without the need for the Company to refer to them on each occasion. <\/p>\n\n\n\n

2.2<\/strong> Any terms or conditions put forward by the Customer (whether set out in an Order, purchase order, vendor portal, order acknowledgement, general conditions of purchase or otherwise) are expressly rejected and do not form part of any Contract, whether or not the Company has objected to them in each individual case. Commencement or performance of the Services by the Company does not constitute acceptance of any such terms or conditions. <\/p>\n\n\n\n

2.3<\/strong> Where there is any inconsistency, the following order of precedence applies: (a) a contract document signed by an authorised representative of the Company; (b) the Company’s Quotation; (c) these Conditions. No variation of these Conditions is binding unless confirmed in writing by the Company. Nothing said or agreed orally is binding unless subsequently confirmed by the Company in writing. <\/p>\n\n\n\n

2.4<\/strong> The version of these Conditions in force at the date of the Company’s Quotation apply to the Contract concluded on the basis of that Quotation.<\/p>\n\n\n\n

3. QUOTATIONS, ORDERS AND FORMATION OF CONTRACT<\/strong><\/h3>\n\n\n\n

3.1<\/strong> Quotations are non-binding and are open for acceptance for [30] days unless expressly stated to be binding or to be open for a different period. Presentation or advertising of Products or Services does not constitute an offer. <\/p>\n\n\n\n

3.2<\/strong> An Order constitutes an offer by the Customer. A Contract is formed only when the Company issues a written confirmation of the Order or when the Company commences performance. A confirmation by the Customer which departs from the Company’s Quotation constitutes a new offer and does not create a Contract. <\/p>\n\n\n\n

3.3<\/strong> Quotations are based on the information given by the Customer as to the Vessel, the Units, their condition, the extent of flooding or contamination, access, location and the anticipated duration of the work. If any such information is inaccurate or incomplete, or if the actual conditions differ, the Company is entitled to adjust the price, the scope and the programme accordingly and to charge on the basis of time-and-materials spent at the then current rates. <\/p>\n\n\n\n

3.4<\/strong> Unless expressly stated in the Quotation, prices exclude standby and waiting time, overtime and public-holiday working, additional Units, mobilisation and demobilisation, travel, accommodation, subsistence, visas, agency, launch and helicopter transfers, port dues, customs duties, waste reception and disposal, cleaning, dewatering, drying, dismantling and re-assembly, cranage, staging, lighting, ventilation and power.<\/p>\n\n\n\n

3.5<\/strong> The Customer contracts on its own behalf and, where applicable, as agent for and on behalf of the Owners and any other party having an interest in the Vessel or the Units, and warrants that it has full authority to do so at all relevant times. The Customer remains primarily liable for all sums due under the Contract notwithstanding that it may have contracted as agent. <\/p>\n\n\n\n

4. NATURE AND SCOPE OF THE SERVICES \u2014 NO GUARANTEE OF RESULT<\/strong><\/h3>\n\n\n\n

4.1 <\/strong>The Customer acknowledges and agrees that CORREX treatment is a temporary first-aid measure intended only to inhibit the progress of corrosion until the Units can be surveyed, dismantled, overhauled and\/or repaired. It does not constitute a repair, reconditioning, restoration, cleaning or drying service and it does not reverse damage already sustained. <\/p>\n\n\n\n

4.2 <\/strong>Under normal conditions an inhibiting effect of approximately three (3) months from Completion may be expected. This is an expectation only and is not a warranty, guarantee or condition. The actual effect achieved depends on matters outside the Company’s control, including the pre-existing condition of the Units, the nature and duration of the flooding, the salinity, temperature and contamination of the water, residues of oil, cargo, chemicals or fire-fighting media, ambient conditions, ventilation, and the subsequent handling, storage and transportation of the Units. <\/p>\n\n\n\n

4.3<\/strong> Overhaul and\/or repair of the Units must be commenced within thirty (30) days of Completion. If this is not done, a further survey and\/or repeated CORREX treatment is recommended; this is not included in the price set out in the Quotatian or Acceptance of the Offer and is charged for separately. The Company has no liability for any deterioration occurring after the thirty (30) day period or after the expiry of the inhibiting period referred to in Clause 4.2. <\/p>\n\n\n\n

4.4<\/strong> Special attention is drawn to turbochargers and to other enclosed, sealed, coated, insulated or structurally complex Units (including electrical machines, switchboards, cabling, control cabinets and electronic equipment): for structural reasons not all parts and surfaces of the Unit can be reached by the CORREX chemicals. Such Units must be dismantled, overhauled and\/or repaired as soon as possible. The Company has no liability in respect of surfaces or components which cannot be reached or accessed by the Products. <\/p>\n\n\n\n

4.5 <\/strong>The Company gives no warranty, representation or undertaking that any Unit is or will be operable, serviceable, repairable or economically repairable, that any particular result will be achieved, or that the treatment will be accepted or approved by any classification society, flag administration, original equipment manufacturer, warranty provider, underwriter, surveyor or other organisation or authority.<\/p>\n\n\n\n

4.6 <\/strong>The Company is not responsible for the condition of the Units before it commences work, for any pumping-out, dewatering, cleaning, drying, disconnection, dismantling or preservation carried out by others, for the time elapsed between the casualty and the Company’s attendance, or for the adequacy of any specification or method provided or approved by the Customer.<\/p>\n\n\n\n

4.7 <\/strong>The Company will perform the Services with the reasonable skill and care to be expected of a competent contractor performing work of a similar nature. That obligation is the Company’s sole obligation as to the standard and quality of the Services, and all other terms, warranties and conditions implied by statute, common law or otherwise, including as to fitness of the Product and\/or the Service for any particular purpose, satisfactory quality or result are excluded to the fullest extent permitted by law. <\/p>\n\n\n\n

4.8 <\/strong>Any advice, recommendation, report, sampling result, opinion or estimate given by the Company which is not expressly included in the agreed scope of the Services is given for guidance only and without liability. Reports are prepared for the Customer alone and may not be relied upon by any third party; the Company accepts no duty of care to any third party. <\/p>\n\n\n\n

4.9<\/strong> The Services are performed under the terms and conditions of the Contract and do not constitute salvage services, and no claim in salvage arises out of their performance. Nothing in this Clause prejudices any lien, right of retention or right of arrest which the Company may have as security for sums due to it under the Contract or otherwise. <\/p>\n\n\n\n

5. PRODUKTE: LIEFERUNG, EIGENTUM, GEFAHR UND VERWENDUNG<\/strong><\/h3>\n\n\n\n

5.1 <\/strong>Sofern nicht schriftlich anders vereinbart, werden Produkte Ex Works (Incoterms\u00ae 2020) ab Betriebsst\u00e4tte der Gesellschaft geliefert. Liefertermine und -mengen sind nur Richtwerte; die Einhaltung der Lieferzeit ist keine wesentliche Vertragspflicht. Die Gesellschaft ist zu Teillieferungen berechtigt und darf eine um bis zu 10 % von der bestellten Menge abweichende Menge liefern, die anteilig berechnet wird. <\/p>\n\n\n\n

5.2 <\/strong>Die Gefahr an den Produkten geht mit der Lieferung auf den Kunden \u00fcber. Das Eigentum an den Produkten bleibt bei der Gesellschaft und geht erst \u00fcber, wenn die Gesellschaft s\u00e4mtliche ihr aus dem betreffenden Vertrag geschuldeten Betr\u00e4ge vollst\u00e4ndig (in bar oder als verf\u00fcgbare Gutschrift) erhalten hat. Bis zum Eigentums\u00fcbergang verwahrt der Kunde die Produkte als Verwahrer, lagert sie getrennt und so, dass sie als Eigentum der Gesellschaft erkennbar sind, h\u00e4lt sie gegen alle \u00fcblichen Risiken versichert und entfernt, besch\u00e4digt oder verdeckt keine Kennzeichnungen oder Verpackungen. Die Gesellschaft kann jederzeit vor dem Eigentums\u00fcbergang die R\u00fcckgabe der Produkte verlangen und zu diesem Zweck alle R\u00e4umlichkeiten betreten, in denen diese gelagert werden. <\/p>\n\n\n\n

5.3 <\/strong>Der Kunde hat die Produkte strikt gem\u00e4\u00df dem jeweiligen Sicherheitsdatenblatt, technischen Datenblatt, Produktetikett und den schriftlichen Anweisungen der Gesellschaft zu lagern, zu handhaben, umzuf\u00fcllen, anzuwenden und zu entsorgen und sicherzustellen, dass alle Personen, die mit ihnen umgehen, hier\u00fcber informiert sind und diese Vorgaben einhalten. Die Gesellschaft haftet in keiner Weise f\u00fcr die Anwendung, Mischung, Verd\u00fcnnung oder Verwendung der Produkte durch den Kunden oder Dritte. <\/p>\n\n\n\n

5.4 <\/strong>The Customer must inspect the Products on delivery and give written notice of any shortage, damage or apparent defect within seven (7) days of delivery, and of any latent defect within seven (7) days of discovery and in any event within six (6) months of delivery, failing which the Products are deemed accepted. The Company’s sole obligation in respect of Products properly rejected is, at its option, to replace them or to refund the price paid, and the Company has no further liability arising out of the delivery and supply of the Products. <\/p>\n\n\n\n

5.5<\/strong> To the fullest extent permitted by law, the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and by sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded do not apply to the Contract.<\/p>\n\n\n\n

5.6<\/strong> The Customer is responsible for compliance with all applicable import, export, customs, dangerous-goods, transport, chemical-registration and sanctions requirements applicable at the place of delivery and at the Site, and for obtaining all licences and permits required for import, carriage, storage and use of the Products at their expense.<\/p>\n\n\n\n

6. THE CUSTOMER’S OBLIGATIONS AND WARRANTIES<\/strong><\/h3>\n\n\n\n

6.1 <\/strong>The Customer warrants and undertakes that, at its own cost and risk, it will:<\/p>\n\n\n\n

(a) <\/strong>obtain and maintain all consents, approvals, permits, visas, port and customs clearances, and the authority of the Owners, class, flag, port State, terminal, yard and any other authority necessary for the Company to attend the Site and perform the Services;<\/p>\n\n\n\n

(b) <\/strong>give the Company safe, timely, continuous and unobstructed access to the Vessel, the Site and the Units, together with adequate lighting, ventilation, power, compressed air, staging, cranage, lifting appliances, accommodation, messing and safe means of transfer;<\/p>\n\n\n\n

(c) <\/strong>before the Company commences work, complete all pumping-out, dewatering, draining, removal of oil, sludge, cargo residues, fire-fighting media and debris, and provide any gas-free, hot-work, enclosed-space-entry or other certificate required;<\/p>\n\n\n\n

(d) <\/strong>ensure that all Units are electrically isolated, de-energised, locked out, tagged out and safe to work on, and that all pressure and hydraulic systems are depressurised;<\/p>\n\n\n\n

(e) <\/strong>disclose in writing, before the Services commence, all hazardous or harmful substances and conditions known or reasonably suspected to be present at the Site or in or around the Units, including asbestos, PCBs, mercury, lead, biological hazards, radioactive sources, hazardous cargo or residues thereof, and any structural instability, list, trim or risk of shifting or flooding;<\/p>\n\n\n\n

(f) <\/strong>maintain the Site and the Vessel in a safe condition, comply with the ISM and ISPS Codes and all applicable health, safety and environmental legislation, and provide a competent responsible representative at the Site at all times during the Services;<\/p>\n\n\n\n

(g)<\/strong>provide complete and accurate information and documentation regarding the Vessel and the Units, including drawings, manuals, records of the casualty and the results of any survey;<\/p>\n\n\n\n

(h) <\/strong>arrange, as producer and holder of the waste, the reception, treatment and lawful disposal of all water, sludge, residues, spent chemicals, packaging and other waste arising from or in connection with the Services; and<\/p>\n\n\n\n

(i) <\/strong>take all reasonable steps to protect the Units after Completion, including keeping them dry, ventilated and protected, and arranging prompt overhaul in accordance with Clause 4.3.<\/p>\n\n\n\n

6.2<\/strong> If the Customer or any person or company acting for them fails to comply with Clause 6.1, or if the Company’s progress in supplying or in delivering Services are delayed or interrupted for any reason not attributable to the Company’s own fault, the Company is entitled to charge costs for standby, waiting time, additional mobilisation, demobilisation, remobilisation, accommodation and personnel costs at the then current rates, and to an extension of time for any Services or supplies to be rendered by the Company. The Company is not liable for any delay or non-performance arising from such failure on the part of the Customer. <\/p>\n\n\n\n

6.3 <\/strong>The Customer must not require or permit the Company’s personnel to work in conditions which the Company\u2019s personnel reasonably consider as being unsafe. The Company’s personnel are entitled to leave the Site at any time if, in their reasonable judgement, conditions are or may become unsafe, without the Company incurring any liability for any losses or costs thereby caused to the Customer . <\/p>\n\n\n\n

7. VARIATION, INTERRUPTION, SUSPENSION AND WITHDRAWAL<\/strong><\/h3>\n\n\n\n

7.1 <\/strong>The Company is not obliged to perform additional Units or additional work unless a written variation of the Services is agreed. Additional work is charged at the Company’s then current standard rates for supplies and services rendered. <\/p>\n\n\n\n

7.2 <\/strong>In the event of delay or hindrance beyond the Company’s control, including adverse weather, sea state, tidal or port restrictions, unavailability of berths, industrial action, or the non-delivery of Products, equipment or personnel, the Company may in its sole and absolute discretion postpone, interrupt or reschedule the Services until such delay has ceased, without liability, and charge standby rates.<\/p>\n\n\n\n

7.3 <\/strong>The Company may terminate the Contract and withdraw from the Site at any time, without any liability whatsoever, if in its reasonable judgement (whether formed before or during the Services): (a) damage might be caused to the Units, to the Vessel, to the Site or to the property of the Customer, the Company or of any third party; (b) the Services cannot be safely or properly commenced or continued; (c) any of the Customer’s obligations under Clause 6 have not been met; or (d) there is a risk to the health or safety of any person. In the event of such termination the Company is entitled to be paid for all Services performed and Products supplied to the date of termination, together with all costs, expenses and commitments incurred by it, including demobilisation. <\/p>\n\n\n\n

7.4 <\/strong>The Company may suspend performance of any or all Contracts or Services, withhold delivery, and require payment in advance or additional security, if the Customer is in default of payment, if the Company has reasonable doubts regarding the Customer’s ability to pay, or if an insolvency of the Customer appears imminent.<\/p>\n\n\n\n

8. PRICES, PAYMENT AND SECURITY<\/strong><\/h3>\n\n\n\n

8.1 <\/strong>Prices are calculated and charged in Euro (or such other currency as stated in the Quotation) and are set out exclusive of value added tax, duties, levies and other taxes, which are payable by the Customer additionally. All payments must be made free and clear of any withholding or deduction; if any such withholding or deduction is required by law, the Customer must gross up the payment. <\/p>\n\n\n\n

8.2 <\/strong>Unless otherwise agreed in writing, invoices are payable in full within [fourteen (14)] days of the date of invoice, without any deduction, discount, retention, abatement, set-off or counterclaim. Payment is made only when the Company’s bank account is credited unconditionally with cleared funds. Time for payment is of the essence. <\/p>\n\n\n\n

8.3 <\/strong>The Company may require payment in advance, a deposit, a payment on account, a bank guarantee, a letter of undertaking from the Vessel’s hull and machinery or P&I insurers, or other security acceptable to it before mobilising or before releasing any Products or treated Units, in particular where the Services relate to a casualty.<\/p>\n\n\n\n

8.4 <\/strong>If any sum is not paid when due, the Company is entitled to interest on the overdue amount at the rate of [four (4)] per cent per annum above the [European Central Bank main refinancing rate from time to time, accruing daily and compounded monthly, from the due date until actual payment, together with all costs of recovery including legal and debt-collection costs on a full indemnity basis. The parties agree that this Clause sets out a substantial contractual remedy for late payment for the purposes of the Late Payment of Commercial Debts (Interest) Act 1998. <\/p>\n\n\n\n

8.5 <\/strong>The Company has a general lien over all Products, Units, equipment, documents and other property of the Customer or the Owners in possession or control of the Company as security for all sums due to it under any Contract, and may, on fourteen (14) days’ written notice, sell such property and apply the proceeds towards any sums outstanding.<\/p>\n\n\n\n

8.6 <\/strong>The Customer may not withhold or set off any sum on the grounds of any claim, dispute or alleged defect. The Company may set off any amount owing to it against any amount owed it to the Customer. <\/p>\n\n\n\n

8.7 <\/strong>If the Customer cancels or postpones a Contract after confirmation, the Company is entitled to all costs and commitments incurred thereby, plus 10 % of the contract price by way of cancellation charge.<\/p>\n\n\n\n

9. HEALTH, SAFETY AND ENVIRONMENT<\/strong><\/h3>\n\n\n\n

9.1 <\/strong>While on Site the Company’s personnel remain the employees of the Company but will comply with the Customer’s and the Vessel’s reasonable safety rules and instructions. If the Customer or the Owners give instructions as to the manner or sequence of the work, the Company’s personnel act as the servants of the Customer in that respect and the Customer indemnifies the Company Group against all consequences arising therefrom. <\/p>\n\n\n\n

9.2 <\/strong>The Customer is responsible for all pollution, contamination, escape or discharge emanating from the Vessel, the Site, the Units or the type of waste referred to in Clause 6.1(h), howsoever caused, and indemnifies the Company Group in respect of the same, including clean-up costs, fines, penalties and third-party claims.<\/p>\n\n\n\n

10. FORCE MAJEURE<\/strong><\/h3>\n\n\n\n

10.1 <\/strong>The Company is not liable for any delay in or failure to perform any obligation caused by any event beyond its reasonable control, act of God, war, hostilities, terrorism, piracy, civil commotion, blockade, sanctions or export restrictions, intervention by or acts of governments or other authorities, arrest or detention, epidemic or pandemic and any measure taken in response, strike, lock-out or other labour dispute (whether or not involving the Company’s own workforce), fire, flood, extreme weather, earthquake, accident, breakdown, failure or interruption of transport or utilities, shortage or non-arrival of Products, materials, equipment or personnel, theft, and cyber incident.<\/p>\n\n\n\n

10.2 <\/strong>If such an event continues for more than [thirty (30)] days, either party may terminate the Contract so affected by written notice, in which case the Company is entitled to payment for Services performed and Products supplied and to all costs and commitments incurred to the date of termination and subsequently in consequence of such an event occurring.<\/p>\n\n\n\n

11. INSURANCE<\/strong><\/h3>\n\n\n\n

11.1<\/strong> Each party maintains, , insurance appropriate to its obligations and liabilities under the Contract, including employer’s liability and public\/third-party liability cover with reputable insurers.<\/p>\n\n\n\n

11.2<\/strong> The Customer will ensure that all its insurers, and the hull and machinery, loss of hire, war risks, P&I and property insurers of the Vessel and of the Units, waive all rights of subrogation and recourse against the Company Group, and, where reasonably practicable, name the Company Group as co-assured (without liability for premium or calls) in respect of the risks and potential liabilities assumed by the Customer under Clauses 12 and 13.<\/p>\n\n\n\n

11.3<\/strong> The Customer’s obligations and indemnities under these Conditions are not in any way limited by the amount, availability or absence of any insurance cover.<\/p>\n\n\n\n

12. LIMITATION OF THE COMPANY’S LIABILITY<\/strong><\/h3>\n\n\n\n

12.1 <\/strong>Nothing in these Conditions excludes or limits the Company’s liability for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation, or for any other liability which cannot lawfully be excluded or limited.<\/p>\n\n\n\n

12.2 <\/strong>Subject to Clause 12.1, this Clause 12 and Clause 13 set out the entire liability of the Company Group to the Customer Group in respect of any Contract and the Products and Services supplied under it, whether arising in contract, tort (including negligence), breach of statutory duty, misrepresentation, restitution or otherwise.<\/p>\n\n\n\n

12.3<\/strong> The Company Group is not liable in any way, whatsoever for any Consequential Loss, whether direct or indirect and whether or not foreseeable or in the contemplation of the parties. “Consequential Loss” means any pecuniary losses such as loss of profit, revenue, production, use, hire, freight, charter or bunkers; loss of or under any contract, bargain, opportunity, expectation or anticipated saving; loss of or damage to reputation or goodwill; costs of detention, delay, demurrage, deviation, off-hire, towage, standby, port and agency charges; increased or wasted costs of overhaul, repair, replacement or renewal (including any cost which would have been incurred in any event); loss of or damage to data; wreck removal, pollution or clean-up costs; financing costs; business interruption; any indirect or consequential loss of any kind; and any liability of the Customer to any third party in respect of any of the foregoing. <\/p>\n\n\n\n

12.4 <\/strong>Subject to Clause 12.1, the total aggregate liability of the Company Group arising out of or in connection with each Contract does not exceed and is limited to 50% of the prices quoted by the Company for Products and Services supplied by the Company in the Quotation.<\/p>\n\n\n\n

12.5<\/strong> Where the Company is in breach of Clause 4.7, its sole obligation, and the Customer’s sole remedy, is, at the Company’s option, to re-perform the affected part of the Services or to refund the price attributable to it.<\/p>\n\n\n\n

12.6 <\/strong>The Company Group is not liable for any loss, damage, delay or expense caused or contributed to by any act, omission, breach, instruction, information or default of the Customer Group, by the pre-existing condition of the Units or the Vessel, or by any of the matters referred to in Clauses 4, 6, 7.2 or 10.<\/p>\n\n\n\n

12.7 <\/strong>Notification and time bar. Any claim against the Company must be notified in writing, specifying full particulars of the basis of any alleged claim and damage or losses caused, within thirty (30) days of Completion or, in the case of a claim which could not reasonably have been discovered within that period, within thirty (30) days of discovery and in any event within six (6) months of Completion. The Company is discharged from all liability whatsoever unless arbitration is commenced in accordance with Clause 18 within twelve (12) months of Completion. This Clause applies notwithstanding any longer period allowed by the Limitation Act 1980 or any other law relating to time limits. <\/p>\n\n\n\n

12.8 <\/strong>The Customer acknowledges that the allocation of risk in these Conditions (including Clauses 12 and 13) is fair and reasonable having regard to: the emergency and salvage-related nature of the work; the fact that the Units are already damaged when the Company attends; the value of the Vessel and Units compared with the Company’s remuneration; the Customer’s and the Owners’ ability to insure the Vessel, the Units and loss of hire or use of the Vessel and Units or respective consequential losses; and the price charged, which has been calculated on the basis of the limitations set out in Clause 12.. The Company is willing to accept a higher limit of liability against an appropriate increase in price and subject to the Company obtaining insurance cover on acceptable terms. <\/p>\n\n\n\n

12.9 <\/strong>Each provision of Clauses 12 and 13 is severable and operates independently. If any provision is held unenforceable, the remaining provisions continue to apply. <\/p>\n\n\n\n

13. ALLOCATION OF RISK (KNOCK-FOR-KNOCK) AND INDEMNITIES<\/strong><\/h3>\n\n\n\n

13.1 <\/strong>Notwithstanding any other provision of the Contract and regardless of cause or fault, including the negligence, breach of duty (statutory or otherwise) or breach of contract of the party to be indemnified or of any member of its Group, and save only in the case of wilful misconduct:<\/p>\n\n\n\n

(a) <\/strong>the Company is responsible for, and indemnifies and holds harmless the Customer Group against, death of or injury to any member of the Company Group and loss of or damage to the property of the Company Group; and<\/p>\n\n\n\n

(b) <\/strong>the Customer is responsible for, and indemnifies and holds harmless the Company Group against, death of or injury to any member of the Customer Group and loss of or damage to the property of the Customer Group, including the Vessel, her machinery, equipment, bunkers, stores and cargo and each of the Units, whether or not treated and whether or not the loss or damage arises from the performance of the Services.<\/p>\n\n\n\n

13.2 <\/strong>The Customer indemnifies and holds harmless the Company Group against all claims, demands, proceedings, liabilities, fines, penalties, losses, costs and expenses (including legal costs on a full indemnity basis) brought or made by any third party, including cargo interests, other contractors, port and coastal authorities, classification societies and underwriters exercising rights of recourse or subrogation, to the extent that the liability of the Company to the Customer in respect of the same subject matter is excluded or limited by these Conditions.<\/p>\n\n\n\n

13.3 <\/strong>The indemnities in this Clause 13 apply to the fullest extent permitted by law, are without limit in amount unless otherwise stated, survive termination or expiry of the Contract, and are in addition to the limitations set out in Clause 12.<\/p>\n\n\n\n

14. BENEFIT OF EXCLUSIONS \u2014 COMPANY GROUP<\/strong><\/h3>\n\n\n\n

14.1 <\/strong>Every exemption, exclusion, limitation, defence, immunity, indemnity and liberty contained in these Conditions in favour of the Company also applies to and is for the benefit of every member of the Company Group, who may enforce them.<\/p>\n\n\n\n

14.2<\/strong>Der Kunde verpflichtet sich, gegen kein Mitglied der Unternehmensgruppe au\u00dfer der Gesellschaft selbst Anspr\u00fcche geltend zu machen, und das betreffende Mitglied der Unternehmensgruppe vollst\u00e4ndig freizustellen, falls dennoch ein solcher Anspruch erhoben wird.<\/p>\n\n\n\n

14.3<\/strong> Save as provided in Clauses 13 and 14, a person who is not a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms. No consent of any third party is required to rescind or vary the Contract. <\/p>\n\n\n\n

15. INTELLECTUAL PROPERTY AND CONFIDENTIALITY<\/strong><\/h3>\n\n\n\n

15.1<\/strong> All intellectual property rights, know-how, formulations, methods, procedures and technical information relating to CORREX and to the Services remain the exclusive property of the Company or its licensors. Nothing in the Contract transfers or licenses any such rights to the Customer other than the right to use the Products for their agreed intended purpose. <\/p>\n\n\n\n

15.2<\/strong> The Customer must not analyse, reverse-engineer, replicate, have replicated or disclose the composition of the Products, and must not use the CORREX name or marks without the Company’s prior written consent.<\/p>\n\n\n\n

15.3<\/strong> Each party keeps confidential all non-public information of the other party, and the Customer keeps confidential the Company’s prices, methods and reports. The Company may disclose the existence of the Contract and non-confidential details of the Services for reference purposes unless the Customer objects in writing. <\/p>\n\n\n\n

16. COMPLIANCE, SANCTIONS AND ANTI-BRIBERY<\/strong><\/h3>\n\n\n\n

16.1<\/strong> Each party complies with all applicable anti-bribery and anti-corruption laws, including the Bribery Act 2010, and with all applicable trade sanctions and export-control laws.<\/p>\n\n\n\n

16.2 <\/strong>The Customer warrants that neither it, the Owners, the Vessel nor any party for whom it acts is a designated or sanctioned person or entity, and that performance of the Contract will not expose the Company Group to any sanctions risk. The Company may suspend or terminate the Contract with immediate effect and without liability if, in its reasonable opinion, performance would or might expose any member of the Company Group to sanctions, and the Customer remains liable for any penalties and all sums payable by the Company Group and costs incurred as a result of sanctions being in place and irrespective of where the Services or Product are being supplied. <\/p>\n\n\n\n

17. GENERAL<\/strong><\/h3>\n\n\n\n

17.1 <\/strong>Assignment and sub-contracting: The Customer may not assign, transfer or charge any of its rights or obligations without the Company’s prior written consent. The Company may sub-contract any part of the Services and may assign or transfer its rights. <\/p>\n\n\n\n

17.2 <\/strong>Entire agreement and non-reliance: The Contract constitutes the entire agreement between the parties and supersedes all prior discussions, correspondence, representations and understandings. Each party acknowledges that in entering into the Contract it does not rely on, and has no remedy in respect of, any statement, representation, assurance or warranty (whether innocently or negligently made) which is not set out in the Contract. Nothing limits liability for fraud. <\/p>\n\n\n\n

17.3 <\/strong>Variation and waiver: No variation of the Contract is effective unless agreed in writing and signed by an authorised representative of the Company. The failure or delay in exercising any right on the part of the Company does not operate as a waiver of any right or legal entitlement. <\/p>\n\n\n\n

17.4<\/strong> Severance: If any provision is or becomes invalid, illegal or unenforceable, it is deemed modified to the minimum extent necessary to make it valid, legal and enforceable; if that is not possible, it is deemed deleted with the remainder of the Contract being unaffected.<\/p>\n\n\n\n

17.5<\/strong> Notices: Notices must be given in writing to the addresses stated in the Quotation or such other address as notified. Notice by e-mail is effective on transmission during business hours at the recipient’s location, but a notice commencing arbitration must be sent by courier or registered post. <\/p>\n\n\n\n

17.6 <\/strong>No partnership: Nothing in the Contract creates a partnership, joint venture or relationship of employer and employee between the parties.<\/p>\n\n\n\n

17.7 <\/strong>Survival: Clauses 4, 8, 11, 12, 13, 14, 15, 17 and 18 survive termination or expiry of the Contract.<\/p>\n\n\n\n

17.8<\/strong> Language: These Conditions are issued in English. If a translation is provided, it is for information only, and the English text prevails. The language of the Contract and of all notices is English. <\/p>\n\n\n\n

18. GOVERNING LAW AND ARBITRATION<\/strong><\/h3>\n\n\n\n

18.1 <\/strong>The Contract and these Conditions, and any non-contractual obligations arising out of or in connection with them, are governed by and construed in accordance with English law, excluding its conflict-of-law rules and excluding the United Nations Convention on Contracts for the International Sale of Goods 1980.<\/p>\n\n\n\n

18.2 <\/strong>All disputes arising out of or in connection with the Contract or these Conditions, or concerning their validity, shall be finally settled by arbitration in accordance with the Arbitration Rules of the German Maritime Arbitration Association (GMAA) current at the time when the arbitration proceedings are commenced.<\/p>\n\n\n\n

18.3<\/strong> The arbitral tribunal shall consist of two arbitrators unless the parties agree that it shall consist of three arbitrators or of a sole arbitrator. If the two arbitrators cannot agree on a decision they shall appoint a third arbitrator. <\/p>\n\n\n\n

18.4<\/strong> If a party fails to appoint an arbitrator within two weeks after being requested to do so in writing by the other party, the Chairman or Vice Chairman of the Board of the GMAA shall appoint that arbitrator at the request of the other party. The same applies to the appointment of a substitute arbitrator. <\/p>\n\n\n\n

18.5<\/strong> The place (seat) of arbitration is Hamburg, Germany. The language of the arbitration is English. <\/p>\n<\/div>\n<\/section>\n","protected":false},"excerpt":{"rendered":"

GENERAL TERMS AND CONDITIONS FOR THE SUPPLY OF CORREX PRODUCTS AND THE PERFORMANCE OF CORREX PRESERVATION SERVICES HARMS CORREX GmbH \u2014 Edition 01 \/ 2026 \u2014 English law \u00b7 GMAA arbitration Hamburg 1. DEFINITIONS AND INTERPRETATION1. BEGRIFFSBESTIMMUNGEN UND AUSLEGUNG 1.1 In these Conditions the following words have the following meanings: (a) “Company” means Harms Correx […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"inline_featured_image":false,"footnotes":""},"class_list":["post-518","page","type-page","status-publish","hentry"],"acf":[],"_links":{"self":[{"href":"https:\/\/www.harms-correx.com\/en\/wp-json\/wp\/v2\/pages\/518","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.harms-correx.com\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.harms-correx.com\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.harms-correx.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.harms-correx.com\/en\/wp-json\/wp\/v2\/comments?post=518"}],"version-history":[{"count":7,"href":"https:\/\/www.harms-correx.com\/en\/wp-json\/wp\/v2\/pages\/518\/revisions"}],"predecessor-version":[{"id":535,"href":"https:\/\/www.harms-correx.com\/en\/wp-json\/wp\/v2\/pages\/518\/revisions\/535"}],"wp:attachment":[{"href":"https:\/\/www.harms-correx.com\/en\/wp-json\/wp\/v2\/media?parent=518"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}