General Terms & Conditions

WORK PERFORMED OR ITEMS SOLD UNDER THIS AGREEMENT ARE COVERED BY A WRITTEN CONTRACT, IF ONE EXISTS. IF NO CONTRACT EXISTS, THESE CONDITIONS APPLY:

1. Prices and Changes

You (the Buyer) will pay:

• The contract price, or if none is stated, ELECTROMEK MARINE’s current prices at the time of shipment or completion.
• For any extra parts, materials, equipment, or services you request, or that are needed due to missing or incorrect information you provide.
• Any applicable taxes (unless prohibited by law).
• Shipping and transportation costs.

ELECTROMEK MARINE may make changes to equipment design or specifications if performance is not negatively affected. Buyer-requested changes must be approved in writing and may affect price and/or completion time. If no agreement on price is reached but work continues, Buyer must pay ELECTROMEK MARINE’s reasonable estimate of the added cost.

2. Payment Terms

Payment is due within 30 days after shipment or completion of work, unless:

• Progress payments are required for projects over $50,000.
• ELECTROMEK MARINE reasonably requires advance payment due to the Buyer’s financial condition.

If the Buyer delays the project, partial payments must still be made. Late payments incur interest at 18% per year (or the legal maximum, whichever is less). Buyer must also cover ELECTROMEK MARINE’s collection and legal costs, including attorney fees.

3. Delays

If circumstances beyond ELECTROMEK MARINE’s control cause delays, the completion time will be extended. Examples include Buyer delays, natural disasters, government actions, strikes, shortages, accidents, fires, floods, pandemics, shipping problems, or material shortages.

4. Title and Risk of Loss

Ownership and risk transfer to Buyer at the F.O.B. point stated in the contract. If the Buyer delays shipment, storage fees apply, and payment is still due within 30 days of notice that the items are ready. Risk of loss transfers to Buyer if shipment is postponed at Buyer’s request. Any shortage or packaging complaint must be reported within 30 days of receiving the goods.

5. Testing, Installation, and Inspection

ELECTROMEK MARINE will follow either contract-specified testing or its usual testing methods. Buyer must prepare the site for installation; extra costs caused by delays will be billed to Buyer. Transporting items to/from the site is the Buyer’s responsibility. Acceptance occurs once equipment passes testing/installation requirements unless defects are reported promptly. Supervision or installation assistance is available at ELECTROMEK MARINE’s standard rates (including overtime, travel, and living expenses).

6. Warranty

Workmanship is guaranteed for 90 days from completion. Parts are guaranteed against defects for 90 days from shipment or installation (whichever is later).

If defects occur, ELECTROMEK MARINE will:

• Fix defective work, or
• Repair or replace defective parts (Buyer pays shipping to ELECTROMEK MARINE; ELECTROMEK MARINE pays return shipping), or
• Repair/replace parts onsite (within 25 miles of a service depot) at no extra charge during regular hours.

Items supplied by third parties carry only that vendor’s warranty. Warranty does not cover damage caused by misuse, accidents, improper work, or tampering with serial numbers. No other warranties (express or implied, including “fitness for a particular purpose”) apply.

7. Limitation of Liability

Buyer must notify ELECTROMEK MARINE of any claim within 30 days of discovery. ELECTROMEK MARINE is not responsible for indirect, special, or consequential damages (e.g., lost profits, late delivery). Buyer’s only remedies are repair or replacement under the warranty. ELECTROMEK MARINE’s liability will never exceed the value of repairing or replacing the defective item.

8. Termination

If Buyer cancels (for reasons other than ELECTROMEK MARINE’s default), ELECTROMEK MARINE is entitled to recover:

• All costs incurred (direct and indirect),
• Reasonable administrative expenses, and
• A fair profit.

Buyer must also cover ELECTROMEK MARINE’s collection and legal costs if applicable.

9. Governing Law

This agreement is governed by the laws of the Republic of Singapore.

10. Assignment

Buyer cannot transfer this contract without ELECTROMEK MARINE’s written consent.

11. Notices

All notices must be sent by first-class mail and are effective upon receipt. Notices to ELECTROMEK MARINE must be sent to the Service Depot Manager handling the work.

12. Work Terms

ELECTROMEK MARINE decides how many staff are needed for service work. If Buyer does not specify otherwise, ELECTROMEK MARINE may use overtime as needed. Certain union rules may require outside contractors for some tasks (like cabling and rigging). Minimum service call: 4 hours (including travel) plus expenses. Any service exceeding 6 continuous straight hours will be billed as a full day.

13. Entire Agreement

These terms plus ELECTROMEK MARINE’s written proposal make up the full contract. No other terms or Buyer’s purchase order terms apply unless agreed in writing by ELECTROMEK MARINE.