ARTICLE 1 – PURPOSE
Any contract is a service offer contract whose object is defined in the terms of the quote provided.
Any services not mentioned will be subject of an addendum.
ARTICLE 2 – CONTRACT LENGTH
Any contract is concluded for a period defined in the terms of the quote provided.
Each party may terminate this agreement subject to notify the other party by registered letter with acknowledgment of receipt.
No compensation may be claimed by either party.
ARTICLE 3 – EXECUTION OF THE SERVICE
The Richard Marine Consulting Company undertakes to carry out the services entrusted to it as specified in Article 1 and to give its best care, in accordance with the rules of art. The present obligation is, by express agreement, only an obligation of means.
ARTICLE 4 – OBLIGATION FOR THE CLIENT
The Client will provide to Richard Marine Consulting all the information and data necessary for the good realization of the object of the present contract as defined by Article 1. For this purpose, the Client will designate a point of contact internally to ensure good coordination between the parties.
ARTICLE 5 – OBLIGATION OF CONFIDENTIALITY
The Company Richard Marine Consulting is prohibited from disclosing, and will consider as strictly confidential, any document, data, information or concept, of which it may be aware from time to time, of the present contract. Richard Marine Consulting can not be held responsible for any disclosure if the items released were in the public domain on the date of disclosure, or if it was known, or obtained from third parties by legitimate means.
ARTICLE 6 – PROPERTY OF RESULTS
The results will be, by express agreement, the full and entire property of the Client, who may dispose of it as he sees fit, upon receipt of payment for the entire service provided by Richard Marine Consulting.
The Richard Marine Consulting Company is prohibited from reporting the results and using them in any form whatsoever without the prior written consent of the Client.
ARTICLE 7 – TRANSFERABILITY
This contract is neither assignable nor transferable (principle of intuitu personae) without the prior written consent of the other party.
ARTICLE 8 – RESPONSABILITIES
The Client remains solely responsible for the operation or implementation of the results of the consultation. Richard Marine Consulting disclaims any liability for material, intangible or bodily injury that may result from improper use or implementation thereof.
The Client agrees that Richard Marine Consulting will not be liable for any loss of business, profits, commercial unrest that the Customer would incur, claims or claims made against the Client by any third party as it is under this contract.
The Client can not avoid his regulatory obligations with respect to the Flag State and the Classification Society. The Richard Marine Consulting Company can not therefore be held responsible for the non-award of certificates and titles by the Flag State, by the Classification Society or any other official or non-official organization resulting from a misapplication by the Customer of the recommendations issued by Richard Marine Consulting.
The Richard Marine Consulting Company can only be held liable for proven fault or negligence and is limited to direct damage to the exclusion of any indirect loss of any kind.
In any case, in the event that Richard Marine Consulting is held liable, the Company’s guarantee is limited to the amount paid by the Client for the supply of services.
The Client renounces to seek the responsibility in the event of damage to the files, or any document that would have been entrusted to him.
The Richard Marine Consulting Company declares that it has taken out all the necessary insurance to cover the risks of professional indemnity and undertakes to deliver a copy of the insurance certificate at the first request of the Client.
ARTICLE 9 – BILLING
The services provided will be billed according to the terms of the quotation and will be billed by Richard Marine Consulting, as specified in Article 11.
ARTICLE 10 – WORKING TIME
The working day is 7 hours, any additional hours will be charged at the hourly rate. The maximum working time allowed is 14 hours and must be immediately followed by a rest period of 10 hours minimum.
ARTICLE 11 – TERMS OF PAYMENT
The payment period is 30 days upon receipt of the invoice by the Client.
Late payment penalty rate: 10% of TTC service prices listed on the invoice will automatically and by rights granted to the Company, without formality or prior notice.
In case of late payment, application of a lump sum compensation for recovery costs of 40 € according to Article D.441-5 of the French Code of Commerce.
ARTICLE 12 – DISPUTE RESOLUTION
All disputes to which this contract could give rise, concerning its validity, its interpretation, its execution, its termination and their consequences will be submitted to the Commercial Court of St Brieuc in the jurisdiction of which is the Headquarters of the Company Richard Marine Consulting.
English version to this legal notice is translated from the French version. Only the French version prevail.