5 |
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Unfeasibility of the order |
5.1 |
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Should after the conclusion of a contract transpire that SHC is unable to fulfill it due to circumstances that SHC was unaware of at the conclusion of that contract, SHC shall be entitled to require that the contract be amended in such fashion as to enable execution or that the contract be dissolved. |
5.2 |
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Should the progress of the work be impeded by circumstances that may be attributed to the customer, the customer shall be obligated to defray the resultant costs incurred by SHC |
5.3 |
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SHC shall be entitled to suspend fulfillment of its obligation without being in default when, due to a change of circumstances that could not reasonably have been foreseen at the time of conclusion of the contract and which is beyond its area of influence, it is temporarily precluded from fulfilling its obligations. |
5.4 |
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Should execution be permanently impossible, or when the suspension of execution of the order be of such duration that the customer cannot be reasonably expected to maintain the contract, the contract shall be deemed to be dissolved without either party being entitled to compensation from the other party for damage incurred. |
5.5 |
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Should SHC at the time of dissolution already have completed part of the work, it shall be entitled to a proportionate part of the price contracted on the basis of work already performed and costs incurred. |
7 |
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Liability |
7.1 |
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SHC shall be liable only for damage incurred by the customer, which is directly and solely the result of a shortcoming attributable to SHC and then on the understanding that only that damage for which SHC is insured shall qualify for compensation to the maximum cover that the insurance provides for individual incidents.
This shall be subject to the following restrictions:
A. Not qualifying for compensation shall be industrial damage (corporate disruption, corporate discontinuity, berthing fees and other disbursements, profits foregone and similar) irrespective of cause.
B. Damage caused by employees of the customer or by third parties that are engaged by the customer to assist with execution of the work of SHC.
C. SHC shall not be liable for damage caused by malice or gross negligence on the
part of parties engaged to assist.
D. SHC shall not be liable for damage arising during or as a result of transfer of the goods to the receiving customer vessel after the goods are connected to the hook of the crane or lifting device of the receiving customer vessel.
E. the damage incurred by the customer shall be mitigated when the price to be paid by the customer is insignificant relative to the scale of the damage incurred by the customer. |
7.2 |
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The customer shall indemnify SHC for claims by third parties for compensation for damage resulting from errors of persons whose actions and/or omissions should be for account and risk of customer, to which group shall pertain in any event its own personnel and also the persons whom it deploys directly or indirectly for execution of the order. |
7.3 |
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The customer shall indemnify SHC for incidents involving surface water pollution as a result of errors on the part of personnel or third parties for which it is liable. Included in this shall be the penal consequences of a disaster involving pollution of or damage to surface water or other public areas. |
9 |
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Payment |
9.1 |
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Payment must be rendered within 30 days of invoice date to the bank or giro account stipulated by SHC. One incident of failure to pay on time shall render the customer in default without necessity of demand or notice of default. |
9.2 |
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SHC shall be entitled at all times, prior to executing or proceeding with execution of the contract, to require adequate security from the customer for fulfillment of its payment obligation.
Refusal on the part of the customer to provide the security required shall entitle SHC to dissolve the contract while retaining its rights to compensation of costs and profit foregone. |
9.3 |
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Should the customer remain negligent in the fulfillment of any obligation to SHC, SHC shall be entitled at all times to suspend fulfillment of its obligations to the customer. Should the negligence involve failure to pay invoices or failure to pay them on time, the customer shall be due to SHC from the due date of the invoice interest for late payment. This interest for late payment is 1% per calendar month or portion thereof. The customer shall moreover be obligated to remunerate out-of-court collection costs. These are set at the fixed level of 15% of the principal sum. |
9.4 |
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Official regulations, irrespective of authority, that impede the execution of the order in whole or part, shall not mitigate the financial obligations of customer to SHC |
9.5 |
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The right of the customer to set-off any claim of SHC, is explicitly rejected. |