Terms and conditions

Marine Safety Europe B.V.
Stolwijkstraat 92
3079 DN Rotterdam
Netherlands
COC Number: 76708268
VAT number: NL 860764655B01

All offers made by Marine Safety Europe are without obligation.
Marine Safety Europe reserves the right at all times to make price changes, among other things, based on the change of employment conditions and/or social security legislation.

Agreements are only established through written acceptance by the client of Marine Safety Europe’s offer and reconfirmation thereof by Marine Safety Europe.
Deviation from a negotiated agreement can only be made in writing where Marine Safety Europe must explicitly agree to the deviation in writing.
The client is obliged to communicate all relevant information to Marine Safety Europe that the latter requires for the correct performance of its assignment.
All rental agreements, unless explicitly stated otherwise, are entered into for an indefinite period. Rental agreements are automatically renewed for the same period.

Marine Safety Europe invoices upon commencement of rental work or upon delivery of materials. The payment term is 30 days from the invoice date.
The client may not set off claims it has, or believes it has, against Marine Safety Europe against the amounts invoiced by Marine Safety Europe to the client.
If the client does not pay the invoices within the applicable period, the client will owe a collection fee of 15% of the principal sum.

Rental agreements for an indefinite period may be terminated subject to three months’ notice and by registered letter.
Fixed-term rental agreements can only be terminated by the end date of the agreement subject to three months’ notice and by registered letter.
Both parties may terminate the rental agreement without observing any notice period if one of the parties is declared bankrupt or obtains a moratorium.
Marine Safety Europe may terminate the rental agreement without observing any notice period if there is a change of management at the client.
Marine Safety Europe may terminate the rental agreement without observing any notice period if the client is in default regarding the fulfilment of any of its contractual obligations towards Marine Safety Europe.

All agreements between Marine Safety Europe and its client shall be governed by Dutch law and the Court of Rotterdam shall have jurisdiction to hear any dispute between the parties.

The rental is entered into for the minimum period of one business day, or a multiple thereof. The rental period commences on the day the equipment is handed over by Marine Safety Europe and ends on the day Marine Safety Europe takes possession of the equipment.
In case the rented equipment is temporarily out of service due to a defect that is due to improper use by the renter, the renter is obliged to continue paying the rental price.
All transportation costs of the rented equipment to and from the renter and related expenses are borne by the renter.
The renter is liable for damage, which arises during the rental agreement to the rented equipment unless caused by normal wear and tear of the equipment itself. The renter is liable for loss or theft.
All taxes or charges of any kind due on the use and/or installation of the equipment at the renter’s premises shall be borne by the renter.
Marine Safety Europe reserves the right to require a deposit from the renter at any time during the performance of the contract.

The renter is obliged to treat all rented equipment according to the instructions provided with the rented equipment. The renter is expected to observe the maintenance and overhaul intervals as stated and to notify Marine Safety Europe if necessary.
The renter is required to have all permits and powers necessary to work with the equipment before installing and using the equipment. They will ensure use of the equipment only in accordance with the applicable licences and all relevant legal and regulatory requirements.
The renter must inform Marine Safety Europe without delay of all rights or claims that third parties believe they may assert against the rented property. Damage occurring during the rental period must be reported to the letter immediately.
The renter is obliged to declare to Marine Safety Europe the place where the installation is in use. Marine Safety Europe will always have to be granted access to this place to carry out checks or maintenance work.
Subletting or lending the equipment to third parties is not permitted without Marine Safety Europe’s written consent.
Under no circumstances shall the renter make any alteration or modification to the equipment, including to make it suitable for the purposes for which the renter wishes to use the equipment.
The renter is obliged to return the equipment in undamaged and cleaned condition at the end of the rental period.

Equipment malfunctions should be reported immediately, but at the latest within 24 hours, to Marine Safety Europe’s service department. In case of malfunctions, the relevant equipment will be repaired or replaced on site by Marine Safety Europe at the renter’s expense, unless the malfunctions is caused by normal wear and tear or defect of the resource itself. No rent will be charged for malfunctions lasting more than one day, provided the malfunction was reported in time and is the result of normal wear and tear or a defect in the equipment itself. Work on the rented equipment may only be carried out by persons appointed by Marine Safety Europe for this purpose, with the exception of daily inspection work according to the instruction.

The renter is liable for any damage caused to or by the equipment or caused by work carried out with the equipment. The renter will indemnify Marine Safety Europe for all claims against Marine Safety Europe arising from the use of the rented equipment.
If the renter suffers damage as a result of an attributable shortcoming of Marine Safety Europe towards the renter, Marine Safety Europe ‘s liability shall be limited to the amount of the rent for the period that the renter was unable to use the rented equipment. In particular, Marine Safety Europe accepts no liability for consequential damages.

Marine Safety Europe shall only be liable up to the invoice amount of the delivered product and any associated installation costs. Marine Safety Europe shall not be liable for consequential damages (including indirect damages, lost profits, lost savings and damages due to business interruption) and any claim for damages against Marine Safety Europe shall lapse after 1 year.
Marine Safety Europe retains ownership of all goods delivered and to be delivered until the purchase price for all such goods has been paid in full.