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GENERAL
TERMS AND CONDITIONS - 2012
F4M represents F4M Cryoservice BV with an address related to the site of repairs. The Client is the
company that orders the services from F4M.
All communication is between
F4M and the Client, irrespective of tank ownership. English is the
corporate language of F4M. Documents important for quality and safety must
be delivered in English or Dutch. When a document can be clearly
interpreted in its technical context, the document can be supplied in any
European language. Daily verbal communication is accepted on most European
languages.
For repairs related to Clients
outside the EU, import-, export-, custom- or tax related fees must be
communicated by the Client to F4M upon ordering the repairs and must be
paid by the Client before the delivery of repaired goods. If such
unexpected fees become due for payment by F4M after delivery of repaired
goods and at same time become in conflict with the ordered scope and cost
of repairs, the Client must pay F4M the fees without delay on reception of
additional invoice.
For repairs related to Clients
outside the EU, a letter of credit can be requested by F4M before starting
repairs. Payment of repairs before delivery of goods can be requested in
certain cases.
Repaired goods are delivered
ex works from the F4M workshop carrying out the repairs. Unless otherwise
mentioned in quotations, the Client pays for transports and cranes, before
and after repairs.
Functional guarantee will be
given for 12 months on repairs and interventions clearly not related to
insufficient original manufacturing quality, design weaknesses, hidden
physical tank imperfections or incorrect/inadequate tank information
received before starting repairs. If a tank needs investigation after
delivery and within the 12 months period, the Client should return the tank
to F4M on his expense. If repairs have been manipulated by any 3rd party
during this period, the guarantee is not valid. In case the Client asks for
an additional investigation, F4M will only work with her own trusted
inspection bodies.
Repairs at F4M are made
traceable. Should 3rd party manipulation be detected of a system originally
repaired by F4M, no guarantee will be valid on behalf of the original F4M
repairs.
Upon request from F4M and for
the security and quality of repairs, the Client must send necessary parts
of his original pressure vessel documentation to F4M. If the Client is not
the owner of the pressure vessel, he is responsible of collecting the
information from the owner. For this reason, the owner of the tank should
keep his proper documented pressure vessel file accessible. In case of an
incomplete pressure vessel file at the Clients archive, F4M will help the
Client improve or fully re-establish a pressure vessel file status by
requesting authorisation from an inspection body, if necessary contacting
the original tank manufacturer and
by involving required additional destructive or not-destructive
testing.
If destructive testing during
repairs should disqualify a tank from future operation, or if the repairs
are for the same reason cancelled by the Client due to increased repair
costs, the Client must pay for all work-in-progress and inspection body
costs at F4M up to the point of cancelling.
F4M gives no repair guarantee
for carried out services on tanks with problems originating from
insufficient original manufacturing quality in its widest sense. F4M
carries out strictly the adequate repairs for taking tanks safely back into
operation. The Client is bound to carry-back any commercial or contractual
responsibility to the manufacturer, insurance company, tank owner or any
such related party. Unless agreed before order, F4M is not liable for
additional repair time or claims in above context. F4M is neither
responsible for additional repair time due to reasons explained under the
above functional guarantee clause.
If F4M highlights before
repairs of risks concerning not meeting a technical specification, or part
of it, the Client must accept and pay the repairs if he prefers to carry
through with it.
F4M invoices should be paid
without deduction of transfer fees or other banking costs within 30 days.
In case of late payment interest 15% will be charged counted from date of
receptions of repaired goods or reception of invoice.
Reclamations must be done
within 7 days after reception of goods and reception of invoice. If the
Client takes the tank immediately in operation, he is accepting the repairs
and can not later make reclamations.
Disputes should be treated by
the Court of Liege. F4M claims additionally the single right of deciding at
anytime, even if the Client is not residing in the country of repairs, the
location where disputes should be treated.
Interpretation of General
Terms and Conditions as per above, into any other language, is under
responsibility of the Client.
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