Goods supply by Coco Charter Pty (Ltd) Terms and Conditions
Please read the T&C below. Complete your order in the following tabs of this document and return it at least 14 days prior to your charter. Failure to do so might effect in the availbility and accessibility of goods you have chosen.
a. When performing its orders, Coco Charter only acts on behalf of- and for account of Charterer. Coco Charter is allowed to instruct third parties to execute its orders. Without further consultation of Charterer, Coco Charter is allowed to agree to any general terms and conditions, including limitations of liability, as used by these third parties.
b. Coco Charter reserves the right to add non-optional 20% service charge based on the total value of the provisioning.
2. The order
a. An agreement (hereafter also: “order”) between Coco Charter and the Charterer is only effectuated when Coco Charter confirms the order in a written order confirmation. “Charterer” is understood to encompass the actual person placing the order, as well as the entity/natural person on whose behalf the order is placed, regardless the legal relationship between these parties, whether it is as agent, direct representative or any different relationship whatsoever.
b. All quotations made by Coco Charter are without any obligation on their part and their pricing and/or samples are merely indicative. Final prices will only be established upon invoicing by Coco Charter or their third party suppliers. Small and usual deviations in size or weight do not compromise the conformity of the order.
c. An order will be placed only after Coco Charter receives 100 percent of the value of total bill.
d. The Charterer can modify and/ or reduce his order no later than 14 days prior the delivery of the order. Should the Charterer wish to add to his order, this can only happen up to tenth day prior to the date of delivery. If the Charterer does not follow this, a penalty of 50 Euro will be added to the final bill.
e. An order can only be cancelled if the cancellation is received by Coco Charter via e-mail before the tenth day prior the expected date of delivery as indicated by the order confirmation. Ten percent of the invoice value or/ but no less than 50 Euro will be kept by Coco Charter due to Operational costs of.
f. Due to nature of the business, some particular brands or types of goods might not be available at times. The Charterer is obliged to mark items that the Charterer does not wish to be replaced with a supplement. Should this not be the case, Coco Charter will strive to replace it with a supplement of the closest specification and value.
a. Coco Charter strives to deliver the order on the day as indicated in the order confirmation. The date of delivery is based on all relevant circumstances as known on the moment that Coco Charter confirms the order. When these circumstances change, regardless the cause Coco Charter is allowed to deliver the order in separate and partial deliveries. Coco Charter does not take back (parts of) the order unless Coco Charter agreed in writing. Extra costs incurred by taking back (parts of) the order are exclusively for account of the Charterer. The day value of the goods, but never higher than the invoice value, will be credited to the Charterer.
b. Delivery of the order takes place on Eden Island, Seychelles. Coco Charter is responsible for the availability and accessibility of the delivery location, as well as for any relevant formalities. Extra costs incurred by the (temporarily) impossibility of receiving the delivery by the Charterer on the relevant delivery location and date, regardless the cause, are for the Charterer account. These extra costs include, amongst others, parking costs, demurrage, transshipment, storage and refrigeration of the goods.
c. Coco Charter has full freedom to either transport the order themselves or to outsource the transport to a third party. Coco Charter has full freedom in choosing the mode of transport. When the transport is carried out by a third party, Coco Charter has completely fulfilled its delivery obligations and the order is considered delivered.
d. Coco Charter aims to supply via its thrid party supplier the highest quality products. This, however, does not mean Coco Charter is accountable for any damages, taints, rottennes or imperfections of the order made by the Charterer. Should this happen, however, Coco Charter commits to helping replacing those goods.
e. The usual delivery order time is between 11am and 4pm. If the Charterer requires the delivery to happen outside the usual times, there will be additional 10 percent added to the final bill.
4. Reservation of Ownership
a. Regardless the reservation of ownership, after receipt of the order the Charterer is fully liable for the order.
a. The Charterer is obliged to pay within the period as set out in the order confirmation. The Charterer must remember that provisioning and chartering boat or renting water sports with Coco Charter are seperate and independent services thereofre the Charterer is not allowed to set off any payments against any (alleged) claim on Coco Charter Pty (Ltd).
b. When payment is overdue, Coco Charter reserves the right to cancel the order and reject any further requests for provisioning made by the Charterer.
c. The Charterer is at all times obliged to indemnify Coco Charter for any amounts to be levied or additionally demanded by any authority in connection with the order, as well as any related fines imposed upon Coco Charter. This amounts are also to be reimbursed to Coco Charter if a third party called in by Coco Charter demands payment within the framework of the order.
a. Coco Charter is not liable for any damage, unless the Charterer proves that the damage is the result of gross fault or negligence of Coco Charter or its subordinates. Apart from when caused by gross fault or negligence of Coco Charter, Coco Charter is not liable for any damage caused by third parties called upon.
b. Coco Charter is not liable for any faults/defects, or any damage caused by such fault or defect, in products that Coco Charter acquires from third parties. In case of such damage, Coco Charter will strive to claim such damage on the party responsible. Coco Charter is entitled to charge the Charterer for the costs incidental though. If so requested by the Charterer, Coco Charter will waive its claims against the third parties in favour of his Charterer.
c. In any case Coco Charter’s liability is limited to the total value of the total relevant order.
d. The Charterer is liable towards Coco Charter for any damage as a consequence of the incorrectness, inaccuracy or incompleteness of instructions and data, as well as the failure to supply, or to do so in time, documents and/or instructions, and fault or negligence in general on the part of the Charterer, his servants and third parties called in or engaged by him.
e. All claims against Coco Charter will be time barred by the mere lapse nine months and expire after the mere lapse of twelve months.
7. Force Majeure
a. To be regarded as force majeure are all circumstances which Coco Charter could not reasonably avoid and the consequences of which Coco Charter could not reasonably prevent.
b. In the event of force majeure, the contract shall not remain in force; and Coco Charter ‘s obligations will be suspended. for the duration of the event of force majeure. All additional costs caused by force majeure, such as carriage and storage charges, warehouse, demurrage for vessels or trucks, insurance, etc., are fully for Charterer’s account and will be paid to Coco Charter at its initial request.
8. Final Provisions
a. The Charterer is held to secrecy of all information he receives from Coco Charter. Sharing of any particular information with third parties is only allowed after the Charterer received Coco Charter ’s written consent though.
b. All agreements to which these general terms and conditions apply shall be governed by Polish law. Disputes between Coco Charter and its Charterer can only be submitted to the competent court of Warsaw, Poland.
c. The United Nations Convention on Contracts for the International Sale of Goods (C.I.S.G.) is not applicable, as well as any other international convention that can be excluded.
d. If one or more provisions of these general terms and conditions are void or voidable, the remaining provisions will remain in full effect. These general terms and conditions are drafted in the Polish language and translated to English. In the event of dispute concerning the content or meaning, the Polish text will be binding.