1.1 These Terms and Conditions apply to all offers and contracts for goods and services (hereinafter referred to as “Products”) provided by Ocean Sync Solutions L.L.C. (hereinafter referred to as “Supplier”).
1.2 Any deviations from these Terms and Conditions or Agreements are only valid if confirmed in writing (including but not limited to email, messaging, fax, etc.).
2.1. Supplier: Ocean Sync Solutions L.L.C.
2.2. Client or Customer: any person or organization that uses or orders goods or services provided by Ocean Sync Solutions L.L.C.
2.3 Agreement: the written contract (including electronic forms such as email, message, etc.), with appendices, concluded between the Supplier and the Client, or the order confirmation issued by the Supplier within the framework of the agreement, which includes these Terms and Conditions as an integral part. Any oral agreements or phone orders are considered non-binding technical information exchanges and must be confirmed in writing unless explicitly agreed otherwise.
2.4 Services: any provision of services, such as installation work, technical support or inspection (radiosurvey), advisory, overhaul or maintenance work that the Supplier provides, only if agreed upon in writing within the framework of an agreement for the delivery of Products, regardless of the designation given to such services.
2.5 Products: all goods or services provided by the Supplier, including software and/or hardware, spare parts, certificates, and/or documentation necessary for the proper performance of the Agreement.
3.1 The Customer shall keep all information received from the Supplier strictly confidential and shall use such information solely for the proper performance of the Agreement. All information provided by the Supplier shall be returned to the Supplier upon the Supplier’s first request.
3.2 Each party shall take necessary measures to maintain the confidentiality of the obtained information for at least five years from the date it was received.
3.3 Information that has become public knowledge will no longer be treated as confidential.
4.1 To avoid delays onboard, Ocean Sync Solutions L.L.C. is authorized to use spare parts (if required) up to a value of €1,000.00 without prior separate approval unless explicitly agreed otherwise in writing.
4.2 Service reports shall detail the work performed and include a timesheet, signed by the master or a responsible officer, acting as the shipowner’s legal representative onboard. Such signed service reports constitute proof of acceptance of the delivered service and goods as indicated in the report. Additional delivery notes may or may not be attached to the service report. Information in the service report serves as a legal and financial basis for invoicing, follow-up services, and similar proceedings. Any noncompliance or remarks must be noted in the service report and/or delivery note by the accepting party at the moment of signing.
4.3 The signing party assumes full responsibility for accepting the scope of work indicated in the service report upon signing it. Service or delivery of goods shall be considered complete when either:
the Service Report is signed; or
eight days have passed since the Supplier notified the Customer, and the Customer has not inspected the provided Services within this period and/or failed to notify the Supplier in writing of its approval or rejection; or
the Customer begins using the Goods on which the Services were provided without the Supplier’s approval during the term of Performance.
4.4 All correspondence, including invoices and reports, must refer to the vessel’s name and/or order number.
4.5 The vessel’s ETA/location should be confirmed by the vessel’s agents, and estimated travel expenses/time required should be advised prior to attendance; otherwise, traveling charges will be fully rejected. If the Performance occurs at the Customer’s premises, the Customer shall take all legally prescribed measures and any other reasonable measures necessary to prevent accidents at his premises. The Customer shall inform the Supplier in writing of valid safety precautions at least 7 days before any work begins and ensure that personnel responsible for safety are present during the times that Performance is to occur. The Supplier is entitled to refuse or suspend Performance if the safety of its Personnel is not sufficiently guaranteed. The Customer shall provide, at no charge, all assistance the Supplier reasonably requires, such as skilled and unskilled personnel, necessary devices, implements and auxiliary means, tools for the assistant personnel, and hoisting gear of sufficient capacity (including operating staff), scaffolding, etc., as well as cleaning, packing, and lubricant materials. Furthermore, the Customer shall supply heating, lighting, water, and electricity and their connections in sufficient capacity and quantity, as well as welding gas and other working requirements if these are not to be provided by the Supplier under the terms of the Agreement. The equipment provided by the Customer shall be safe and in perfect condition. Any additional costs arising from delays attributable to the Customer shall be borne by the Customer.
4.6 Service requests shall include service history (including service reports, photos) and detailed vessel arrival and departure information along with agent details.
4.7 Technical consultations by phone or email shall be provided free of charge to customers with a valid service agreement (covering the relevant equipment category - GMDSS/Navigation/ECDIS/IT, etc.). Customers without such an agreement may receive consultations for an additional service fee.
4.8 Unless explicitly agreed otherwise in the Agreement, Services shall be provided during the normal working week, in accordance with industry practice. A working day is considered Monday through Friday. Hours worked outside these normal working hours, or on official holidays, will be charged separately as overtime. Service orders received outside of working hours, on Fridays after 12:00 UTC with a request for urgent service arrangements, shall incur an additional one-time service mobilization fee (to cover costs of reopening the office for service preparations or disrupting planned processes to prioritize the urgent order).
4.9 Supplier’s Personnel will be guided, if possible, by the operational conditions at the Customer's premises and by the climatic conditions of the country.
4.10 Additional Obligations of the Customer for the provision of Services:
During Performance, the Supplier is entitled to replace the Personnel delegated by him with other qualified Personnel.
In case of accidents or illness of the Supplier’s Personnel, the Customer shall provide the necessary professional assistance.
Any waiting time for which the Supplier is not responsible will be charged to the Customer as normal working time.
4.11 A service cancellation fee shall be charged if the confirmed service attendance is canceled less than 24 hours in advance.
4.12 The minimum service charge equals 3 hours of work, irrespective of whether less time was actually spent onboard.
4.13 Engineer’s service time, traveling, mileage, and other travel-related costs remain chargeable regardless of the service results since services are not executed on a “no cure, no pay” basis.
4.14 All goods are considered ordered on request and cannot be returned by default. Goods may be accepted for return only upon prior written consent. A return processing fee of 15% of the goods’ price shall be applied for unopened packages, or a 30% return processing and inspection fee shall be applied for opened packages.
5.1 The Customer shall make all payments by the agreed date, free from deductions, clear of all taxes, and all other charges whatsoever, in the amount indicated in the invoice.
5.2 All invoices with detailed Service reports shall be sent by email. The documents are considered received upon confirmation from the Customer’s email server (using SMTP log); the Customer is solely responsible for checking the mailbox and managing spam folders, filtering, and organizing business processes. At the Customer's request and for an additional fee, hard copies of these documents can be sent by postal or courier service. Any complaints related to the invoice must be submitted in writing (by email or fax) within 14 calendar days from the invoice date. After this period, the invoice will be deemed confirmed, and no further complaints will be accepted.
5.3 Incoming invoices must be issued and sent to our office within 30 days after the service is executed; otherwise, they will not be accepted.
5.4 Invoice charges shall be in accordance with agreed service rates or a written quotation.
5.5 Incoming invoices without our service or product order reference will not be processed.
5.6 Invoices shall be reviewed, and any claims shall be raised within 10 days of receipt of the invoice. After that period, the invoices shall be deemed accepted in full.
5.7 If the Customer fails to fulfill any payment obligations, the Customer shall pay the Supplier interest on the overdue amount at a rate of 2 percent per month or part of a month. Additionally, the Supplier may, after notifying the Customer in writing, suspend Performance until payment is received. All extra-judicial and judicial costs of debt collection shall be borne by the Customer, with a minimum of 15 percent of the outstanding amount payable by the Customer.
6.1 All Goods delivered by the Supplier remain the Supplier’s property until the Customer has fulfilled all its obligations under this Agreement and any previous similar agreements between the Customer and the Supplier. Until the property has been transferred to the Customer per the previous paragraph, the Customer shall take no actions (such as combining the delivered Goods with other goods, transferring, selling, or encumbering them, or taking them to another country) that could jeopardize the Supplier’s property rights. Furthermore, the Customer shall take any actions reasonably required to protect these rights and shall immediately return the Goods to the Supplier upon the Supplier’s request.
6.2 In case of a defect or wrong delivery, the Client shall send a written claim (email, fax, or registered letter) to the Supplier. The claim must be sent without undue delay, and at the latest 10 days from the day such defect has become apparent.