1. SUBJECT AND GENERAL PROVISIONS
    1. These General Terms and Conditions shall govern the commercial and contractual relations between “TRANS-MAR SERVICES” LTD. on one side and all its customers in connection with all types of goods and supplies that are offered for sale and all type of services that are provided by “TRANS-MAR SERVICES” LTD. to board of vessels. These General Terms and Conditions shall also apply until the moment of the final delivery/ performance of the goods/ service to each and every vessel, which is currently into the territorial waters of the Republic of Bulgaria, unless the application of the said General Terms and Conditions is expressly excluded in writing.
    2. These General Terms and Conditions are an integral part to the released Offer, Debit notes, Delivery notes and Invoices issued by “TRANS-MAR SERVICES” LTD. and in general, to all relevant documents that are issued and confirm the execution of the requested supply/delivery of products or the execution of the services on the board of the motor vessel of the buyer.
    3. Within the meaning of the current General Terms and Conditions the mentioned below terms have the following meaning:
      1. “Seller” – “TRANS-MAR SERVICES” LTD. with registered address and place of business: city of Varna, registered into the Company Registry of Republic of Bulgaria with an Unique Identity Code 148037536.
      2. “Products for sale/ services” – includes all types of goods, materials, equipment and consumables for vessels together with the services provided for survey, repair, and maintenance of life saving appliances and fireman outfit for vessels, and also all other type of supplies and services which are delivered/ executed on board of vessels.
      3. “Buyer” – every physical person or a company, who/which has accepted the given offer from the Seller and/or has made an order, and/or has signed a written contract for sale or delivery of goods or execution of services with the Seller.
      4. “Offer” – a quotation from the Seller which is addressed to a client – buyer. The Offers of the Seller have the validity of 20 (twenty) calendar days, as it is counted from the date the offer is sent to the relevant buyer, expect if something else is not mentioned in the offer itself.
      5. “Confirmation of the Offer”, “Contract” or signed Invoice by the Buyer – a written statement, which is sent to the other party via fax, e-mail, etc., in which the Buyer accepts the terms of the Seller’s Offer and the Seller confirms that the goods/services will be delivered/executed as per the terms and conditions of the Confirmation or the Contract.
      6. Delivery of the goods – providing of the agreed goods/ execution of the contracted services to the Buyer, which is certified with the Delivery Note/Receipt/ – signed by both parties or their legal representatives or attorneys in fact.
      7. The current General Terms and Conditions are obligatory for both parties – the Seller and the Buyer and are an integral part of the Confirmation of the offer or to an additional Contract concluded between the parties.
      8. It is hereby agreed that the acceptance of the current General Terms and Conditions on behalf of the Buyer is done by the acknowledgement of the same and sign either a Contract or the Confirmation of the offer it self. All General Terms and Conditions of the Buyer are not accepted by the Seller, except those, which are expressly accepted by the Seller in writing.
  2. EXECUTION OF THE OFFER, DELIVERY AND ACCEPTANCE OF THE GOODS/SERVICES
    1. The Seller is obliged to deliver the goods/to execute the services as per the agreed terms and conditions between the parties.
    2. During the delivery of the goods the applicable rules are INCOTERMS 2000 – FAS – then – If it is agreed between the parties to deliver the goods to a different place, upon additional request of the Buyer, then this is a term of additional negotiation and extra payment.
    3. The delivery of the goods/the execution of the services is proved by a signed Delivery Note. A right to sign the Delivery Note on behalf of the Buyer has only the Master of the vessel or another person, who has a right to act as a representative of the Owner (Attorney in fact, Attorney in law, etc.)
    4. During the time of the delivery of the goods the Buyer is obliged to check them for defects, and in case he discovers such, he is obliged to inform in writing the Seller within 3 days, but not later than the sail off to sea of the vessel. In case such written information has not been sent to the Seller within the terms described in the previous sentence, it is accepted that the goods are delivered with no defects.
    5. In case that the goods, subject for delivery are perishable (fresh goods, etc.) the Buyer is obliged to check them for defects in the moment of the delivery. If defects are discovered, the Buyer has to make immediately the relevant remarks in the Delivery Note.
    6. In case that the defects are discovered later (the so called hidden defects), which could not be discovered during the initial check of the goods at the time of the delivery, the Buyer has the obligation immediately to notify in writing the Seller for them. In such case the Seller can replace the defected goods with the same type non-defected ones, to remove the defects on his account or to deduct the cost of the defected goods from the total price due.
  3. PRICES, PAYMENT TERMS, CREDIT TIME
    1. “TRANS-MAR SERVICES” LTD’s price lists are in EURO without VAT included. The correction of the prices, if needed, could be done only before the Offer is accepted by the Buyer.
    2. Payment terms and credit time – Unless otherwise agreed between the parties, the price for the sale/ for the execution of the services is payable in the following way: in advance …………. USD/EUR, which is 50% of the due amount at the day of the conclusion of the contract between parties/ sign of the Confirmation of the Offer. The rest 50% are due not lately than 5 (five) working days after the date of the delivery.
    3. All due payments have to be made according to “TRANS-MAR SERVICES” LTD’s commercial policy through bank transfers. The exact due date for the payment is included into the offer and in the subsequent invoices for supply or services.
    4. All bank charges and any additional fees and expenses have to be born by the Buyer.
  4. FAILURE AND LIABILITY
    1. In case that the Buyer fails to pay the due amount on the terms negotiated, he is obliged to pay the Seller a penalty for delay in the amount of 0.05 % per day from the total due amount for the purchase but not more than 30% of the same.
    2. Notwithstanding the written above, the due payment shall be considered as paid to the Seller only when the due amount is received into his bank account.
    3. Discounts – The Seller keeps the right to offer a discount, which is subject to and refers to the specification of the order, the variety of services required, the quantities ordered, and the profile of the client.
  5. NOTIFICATIONS
    1. Both parties should exchange all information between them only in writing. This form will be considered as fulfilled in cases when the information is exchanged via e-mails or fax.
    2. If one of the parties fails to notify the other for the changes in its registered address or place of business, then it is considered that all messages and notifications, sent to the known address are duly submitted and accepted.
  6. APPLICABLE LAW AND DISPUTES
    1. These General Terms and Conditions, and any additionally signed contractual agreements in connection herewith signed between “TRANS-MAR SERVICES” LTD on one side as a Seller and every Buyer, shall be governed by the Bulgarian law.
    2. Any dispute or claim arising out of or in connection with these General Terms and Conditions including disputes arising from or related to its interpretation, invalidity, performance or termination, as well as disputes about filling gaps in the contract or its adaptation to newly arisen circumstances and any contractual relationship between “TRANS-MAR SERVICES” LTD and the Buyer in connection herewith, shall be resolved by the Arbitration Court at the Bulgarian Chamber of Commerce, Sofia, Bulgaria in accordance with its Rules of cases based on arbitration agreements.
    3. In case that one of the clauses included into the current General Terms and Conditions is deemed to be null, this will not lead to the nullity to the rest of the clauses included.