These general terms of use apply to all (current and future) assignments assigned by the customer to Vessel Flag. These general terms of use can also be used invariably by partners and employees of Vessel Flag and third parties commissioned by Vessel Flag. These general terms of use are valid unless otherwise agreed in writing. The applicability of the customer’s general terms of use is expressly rejected.
Duty
Vessel Flag carries out its activities solely for the customer; third parties cannot claim any rights therefrom. Vessel Flag has the right to engage third parties in the execution of the contract. Involvement of third parties is carried out in consultation with the customer whenever possible. Vessel Flag has the right to agree to third party limitations of liability upon enabling third parties. The customer indemnifies Vessel Flag for damages of third parties in connection with services provided by Vessel Flag for the customer, which also includes the costs of defending against such claims.
On behalf of the client, Vessel Flag provides services, including consultancy and operational activities for vessel registration in various countries, at the client’s discretion and in accordance with the legal rules of the relevant registration country. These services also include the establishment of one or more legal entities in the relevant country, if necessary or appropriate for the registration of a ship in a country. Additionally, Vessel Flag offers services for the purpose of obtaining one or more radio licenses, if permitted by the legal rules of the relevant registration country. If there is an office address in the relevant country for the registration of a ship and/or the provision of a radio licence, and this is required for the registration of a ship or the provision of a radio licence, the customer is entitled to use this office address only as a location and mailing address of the ship or its owner. The Customer is strictly prohibited from using Vessel Flag’s office address for any other purposes. Solely on behalf of the customer, Vessel Flag carries out activities necessary to register its vessel and/or provide a radio license in the customer’s selected country and establish and maintain one or more legal entities in the selected country for the purpose of providing a registered vessel or radio licence. Related activities are a part of Vessel Flag forming a package of services as a whole for the relevant country.
The customer’s duty always includes the total service package compiled by Vessel Flag for the country of registration and the customer is obliged to purchase this total package. The Customer is responsible for the timely and accurate delivery of the correct documents required for Vessel Flag to perform its duties correctly and on time in accordance with the contract. The Customer is obliged to pay all invoices related to the tasks assigned by Vessel Flag on time and by transferring the required amounts to Vessel Flag’s bank account. Objections regarding Vessel Flag’s invoices must be made within fourteen days from the invoice date, otherwise the right to object will be lost. The Customer is not entitled to suspend payment of Vessel Flag’s invoices or to make payments by covering Vessel Flag’s invoices. When invoices are overdue, Vessel Flag claims statutory interest and reasonable prejudicial or collection costs and is entitled to claim costs of litigation without prejudice to Vessel Flag’s rights. All prices listed on Vessel Flag’s website or otherwise communicated to the customer are subject to price changes at all times. Vessel Flag has the right to adjust its prices from time to time and communicate them to the customer.
Vessel Flag cannot be held responsible for the consequences of not providing timely, complete or proper documentation required for vessel registration or radio licensing in certain countries. If the customer proves that he cannot provide certain required documents and data after paying Vessel Flag in whole or in part the contract price due to him, Vessel Flag is entitled to deduct the expenses previously incurred from the customer by a refundable amount. Vessel Flag cannot be held responsible for the consequences of non-payment of invoices or suspension or termination of the assignment by Vessel Flag as a result of non-payment of invoices on time. Additional costs for resumption of operations by Vessel Flag are borne by the customer. In particular, but not limited to, Vessel Flag cannot be held liable for the consequences of the customer’s failure to pay on time or in a timely manner in respect of amounts due periodically to the relevant competent authorities; in this case such as (state) taxes and trade registry costs. Vessel Flag cannot be held responsible for any fines, other expenses and/or damages imposed by the competent authorities as a result of non-payment of these expenses or failure to pay them on time. Vessel Flag cannot be held responsible for the consequences of legal changes or regulations in the relevant country in which the vessel is registered or in the radio licence-granting country (intent); As a result of these changes, a ship’s registration may no longer be valid, a radio license may be revoked, or an existing registration or license may not be renewed. Vessel Flag cannot be held responsible for any deficiency in the fulfillment of its commitments to the customer, but if the customer notifies Vessel Flag immediately and in writing of a deficiency and Vessel Flag does not correct the deficiency within a short period of time, notice has been made by the customer. Notwithstanding the provisions of the previous paragraphs of this article, Vessel Flag’s liability is always limited to direct damages. At no time will Vessel Flag be held liable for any indirect or consequential damages, including, but not limited to, any indirect or consequential damages. Notwithstanding the provisions of the preceding paragraphs of this article, any liability of Vessel Flag is limited to the maximum amount that Vessel Flag has invoiced the customer for the execution of the relevant contract or the maximum amount that Vessel Flag’s insurer must pay. The right to compensation lapses 6 months from the date on which the customer learned or could have learned of the damages and Vessel Flag’s liability.