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Spinea Navis d.o.o. Jablanska 17, Zagreb Croatia Europe

info@kipacboatstands.com +385 1 21 34 607 VAT ID: HR76406622873

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General Terms and Conditions of Sale

Prices and Orders: All listed prices exclude value-added tax and are subject to change without prior notice. The current price list supersedes and nullifies any previous price lists. Only written orders are considered legally binding, with written confirmation including postal and email confirmations. Any other form of an order requires explicit written confirmation from Spinea Navis.

Payment: Payment is required following the agreed terms. If a delay occurs, whether partial or full, Spinea Navis reserves the right to suspend further deliveries and demand full payment, including any applicable interest. Spinea Navis retains ownership of the delivered goods until payment is completed in full.

Delivery Terms and Penalties: Delivery terms are Ex-Works from the Spinea Navis factory, located at 10000 Zagreb, Croatia. The buyer assumes all risks and responsibilities associated with the transportation of goods. Upon notification, the buyer is required to accept the prepared order within 10 days. Failure to do so may result in Spinea Navis imposing a daily penalty. For a more detailed interpretation of the Ex-Works clause, please refer to the International Chamber of Commerce Incoterms 2010 provisions.

Shipping and Packaging: All machines undergo inspection, testing, and proper packaging before shipment. Certain machines may be delivered partially disassembled for storage or transportation purposes. In these instances, the buyer is responsible for covering the costs associated with assembly or packaging.

Warranty: Spinea Navis provides a twenty-four-month warranty on new goods of its manufacture, starting from the delivery date. The warranty does not cover:

Normal wear and tear of parts (subject to rapid and consistent wear), including filters, flails, bearings, wear stripes, belts, cables, hoses, transmission parts, etc.

During these twelve months, Spinea Navis d.o.o commits to replacing, free of charge, parts verified as defective by their technical and service department. Other costs, such as labour, transport, and packaging, remain the buyer’s responsibility.

Warranty Invalidation: The warranty is invalidated by:

Incorrect or improper use of the machine
Unauthorized modifications to the machine
User negligence or inexperience (e.g., not using original Spinea Navis parts)
Insufficient service inspections and improper use under difficult conditions or inconsistent instructions due to unauthorized interventions
Using the machine in a manner not compliant with the instructions for use and maintenance
Using non-original spare parts
Using unspecified, non-prescribed lubricants
Failing to perform scheduled maintenance
Repairs not conducted by an authorized workshop or interventions without prior permission from Spinea Navis
Unauthorized electrical and/or mechanical changes
Damages due to loss of earnings, personal property, exchanges, or rents

The seller is not liable for any direct and/or indirect loss or damage, particularly concerning production loss due to machine failure resulting from improper use, unintended use, failure to perform inspections, and non-compliance with accident prevention laws. Such grounds are sufficient for the annulment and invalidation of any applicable warranty. During the machine’s inactivity period, the customer cannot claim compensation and/or reimbursement of costs and/or direct and/or indirect damage resulting from defects due to the aforementioned repairs and/or replacement. This also applies to damage caused by improper handling, storage, assembly, external influences, weather, or force majeure (e.g., natural disasters).

Replaced parts remain the property of the seller and must be returned to the buyer with postage and paid packaging. At Spinea Navis’s discretion, defective parts can be replaced with new ones or repaired by Spinea Navis or its suppliers. The customer is also required to perform scheduled maintenance on the advertised device.

Spare Parts: It is essential to differentiate between spare parts installed/replaced during the warranty period and those replaced outside the warranty period. Spare parts installed/replaced during the warranty period are for repairing the goods, and the replaced parts do not carry a separate warranty period. The warranty remains attached to the product they are installed in.

Spare parts installed/replaced outside the warranty period are subject to a 24-month warranty

Spinea Navis and the trader explicitly exclude any liability for the impact on the product’s quality. The above-mentioned warranty does not replace liability. The product or its defects, including damages (resulting from machine failure or loss of income), expenses, or costs related to defects, are also excluded. The contract cannot be terminated, nor payments suspended (or reduced), as Spinea Navis’s obligation is limited to repairing and replacing parts under warranty.

Limitation of Liability: Spinea Navis is not responsible for any indirect or consequential damages, such as lost profits or business interruption, that may occur due to the use or inability to use our products or services.

Intellectual Property Rights: The buyer acknowledges and agrees that all intellectual property rights related to the products, including but not limited to patents, trademarks, copyrights, trade secrets, and any other proprietary rights, shall remain the exclusive property of the seller. The buyer is granted a limited, non-exclusive, non-transferable license to use the products following the terms of this agreement. The buyer shall not reproduce, reverse engineer, disassemble, modify, or create derivative works based on the products, nor allow any third parties to do so, without the express written consent of the seller. Any unauthorized use, replication, or infringement of the seller’s intellectual property rights shall be considered a material breach of this agreement and may result in legal action.

Force Majeure: Force majeure events are unforeseen circumstances beyond our control that may affect our ability to fulfill our obligations, such as natural disasters or supply chain disruptions.

Governing Law and Venue: This agreement and any disputes arising out of or in connection with the sale shall be governed by and construed following the laws of the seller’s jurisdiction, without regard to its conflict of law principles. The parties hereby agree that any legal proceedings arising out of or relating to this agreement shall be brought exclusively in the courts located within the seller’s jurisdiction, and the parties hereby irrevocably submit to the exclusive jurisdiction of such courts to litigate any such dispute. By entering into this agreement, the parties agree to waive any objections to the venue or inconvenient forum, and they further agree to be subject to the personal jurisdiction of said courts.

Dispute Resolution: Both parties should first attempt to negotiate in good faith to resolve any disagreements. If a resolution cannot be reached, the matter can be taken to the competent court in Zagreb.

Modifications: Committed to continuous product improvement, Spinea Navis reserves the right to make unannounced changes and modifications. In these instances, the buyer is not entitled to cancel the contract order.

Technical Documentation and Confidentiality: The buyer is granted a limited license to use the technical documentation provided by Spinea Navis for their own purposes. However, they must maintain the confidentiality of this information and not share it with unauthorized third parties.

Notices: All formal notices, requests, and other communications between the buyer and the seller under this agreement must be in writing and shall be deemed to have been duly given when personally delivered or sent via registered mail, return receipt requested, or via email to the designated address or email address of the respective parties. The parties may update their designated address or email address for notices by providing written notice of the change to the other party. The receipt of any such communication shall be acknowledged in writing by the receiving party. This provision ensures that all important communications between the buyer and the seller are properly received, documented, and acknowledged.

Confidentiality Clause: The parties agree that during their business relationship, they may access or become acquainted with each other’s Confidential Information, including trade secrets, financial information, customer and supplier details, business strategies, and technical documentation. Both parties commit to keeping such information confidential and protecting it from unauthorized disclosure or use.

Confidentiality obligations do not apply to information that is publicly available, independently developed, rightfully received from a third party, or required to be disclosed by law. These obligations will last for five (5) years after the agreement’s expiration or termination.

In case of unauthorized disclosure or use of Confidential Information, the non-breaching party may seek legal remedies, including injunctive relief and monetary damages

General Terms and Conditions of Purchase

These General Terms and Conditions of Purchase govern all business transactions between Spinea Navis, hereinafter referred to as the “Buyer,” and enterprises, foundations, state-controlled organizations, companies, corporations, and legal entities (collectively, “Suppliers”) supplying goods and services to the Buyer. These Terms and Conditions shall have exclusive validity and precedence over any conflicting terms presented by the Supplier.

Modifications and Conflicting Terms – Individual agreements between Spinea Navis and the Supplier may modify or supersede these General Terms and Conditions of Purchase. The Buyer explicitly rejects the application of the Supplier’s terms and conditions. This rejection applies even if the Buyer does not expressly object to a reference to the Supplier’s terms and conditions, such as in an order confirmation or other communication.

Request for Quotations, Orders, and Confirmations: When the Buyer requests a quotation from the Supplier, including but not limited to a Request for Quotation or Invitation to Tender, the Buyer is not obligated by such a request. The Buyer is not responsible for any costs incurred by the Supplier in preparing or submitting a quotation unless otherwise agreed in writing. The Buyer only accepts content related to prices, payment terms, specific performance details, and delivery and performance dates from the quotation. Any reference to the Supplier’s General Terms and Conditions in the quotation is considered void.

The Buyer may submit written orders, which can also be sent via email or fax. The Supplier must promptly inform the Buyer if the order contains discrepancies or contradictions that could reasonably lead to concerns regarding the order’s execution meeting the Buyer’s or Buyer’s customer’s requirements. In such a case, the Supplier must provide the Buyer with a reasonable amount of time to reconsider and possibly modify the order.

The Supplier must confirm the orders within three working days in writing unless otherwise specified or immediately reject them if not otherwise obligated by an agreement with the Buyer to accept the placed order. If the Supplier does not confirm the order within the specified time, the Buyer reserves the right to cancel or modify the order without any consequences.

Pricing, Payment Terms, and Conditions: Unless otherwise agreed upon, prices are determined according to the accepted order. If no written agreement states otherwise, the price includes delivery free of charge to the specified address by DDP Incoterm 2010, including packaging. The return of packaging requires a separate agreement.

Payment terms are set at 60 days net following receipt of the invoice. Should the Buyer make an advance payment, it must be accompanied by a Bank Guarantee of an equal amount. The Buyer reserves the right to offset payments against any claims the Buyer may have against the Supplier.

Delivery, Risk, and Title Transfer: Unless otherwise agreed, the applicable Incoterm 2010 is DDP (Delivered Duty Paid) to the destination. Deliveries may also be made to the Buyer’s customer’s site outside Germany or Europe.

The Transfer of Risk is by the provisions of the agreed Incoterm. However, if the contract requires installation at the site and/or commissioning, the risk is not transferred until the installation or commissioning, whichever is applicable based on the Supplier’s contractual obligations, has been

Terms of Use kipacboatstands.com

We reserve the right to change the layout and content of the web location and these Terms of Use. Therefore, we ask that you periodically review them to get acquainted with any potential changes. We will consider that your subsequent use of the web location represents your acceptance of any potential changes.

Permitted use: Downloading and printing of any catalog, brochure and/or form, and review of other materials and content at this address is only possible for personal purposes. It is prohibited to publicly broadcast, transmit, publish, alter, reproduce, distribute, take part in the transfer or sale of, make copies, circulate, or use the full content of the web location or any part of it in any way, or to select or adapt its content, without prior express written consent from Spinea Navis and other holders of copyright and other intellectual property rights. If such permission is issued, it is not permitted to delete or alter existing information related to copyright and/or trademark or other intellectual property rights.

Use for commercial purposes: It is prohibited to use the web location for trade, sale and other commercial purposes other than the purchase from Spinea Navis. No advertisement of, or inviting tenders for, products and services is permitted without written consent from Spinea Navis. It is forbidden to transmit and publish obscene, offensive, vulgar, threatening or rude or otherwise unacceptable or illegal content, as well as one that violates any rights of any party, and in particular, content containing viruses or other harmful material. Users shall take responsibility for any damage resulting from their activities that are not in accordance with the aforementioned, as well as for any other type of damage that might result from it. Spinea Navis reserves the right (but not the obligation) to delete, in whole or in part, the content published by users on the web location.

Submitting content and materials: By submitting content and materials to this address (including photos and video content), you automatically grant (or warrant that the material owner explicitly granted) to Spinea Navis irrevocable, permanent and exclusive rights and licenses to use, adapt and alter, incorporate into other works, translate, publish, transfer and distribute throughout the world the material in question, in any form and through all known and future media, for any purpose and with no charge. The terms of this item shall apply even after the termination of these Terms.

Copyright and other intellectual property rights: The content of the web location is copyrighted by Spinea Navis, or ceded to Spinea Navis, and it is owned by third parties. Spinea Navis also owns the copyright to edit, select, and adapt the content of the web location. Furthermore, the web location contains trademarks, names of individuals and other intellectual property content owned by Spinea Navis or third parties, and Spinea Navis is the holder of the license. You may not consider that any content on the web location is to be used without restriction. A copying license may be requested.

Images and videos: All photos, images, videos, persons’ biographical information and/or other materials appearing on the web location are solely owned by Spinea Navis. The copyright and other intellectual property rights of all materials on the web location belong Spinea Navis. All rights reserved. Permission is granted to entities for the use of these materials solely for advertising, editorial and informational purposes of publication in newspapers, journals and electronic media. Other uses of materials from the web location are not permitted. In addition, it is not permitted to use any material from the web location related to selling or offering to sell products or services of any kind. The defined permission and the manner of using the web location may not be transferred, subcontracted or assigned, and any intended and attempted transfer, subcontracting or assignment will be considered null and void. By using the material from the web location, media users undertake to fully comply with the limits, conditions, and requirements set forth herein.

Warranties and denial of rights: Spinea Navis shall make reasonable effort to publish accurate and up-to-date information on the web location, but does not assume the responsibility for the accuracy and completeness of this information, and it does not give the right of objection in that respect. In addition to product warranties explicitly disclosed by Spinea Navis, we emphasize that all materials and content on the web location should be taken “as they are,” and Spinea Navis is not responsible for any possible consequences that may result from a different interpretation of materials and content on the web location. Spinea Navis does not guarantee that the web location will always be accessible and available, and that it will not contain errors or viruses. Each user explicitly accepts the use of the web location at their sole discretion.

Spinea Navis is not responsible for any damage or injury (including, but not limited to, special or consequential damages) that may be the result of the use or inability to use any part of the web location, or the content published or added by other users to the web location.

Media entities and other users who use the web location explicitly agree to indemnify Spinea Navis for any and all claims, costs, damages or accountability resulting from the careless use of the material from the web location by the same user, including any direct, indirect, incidental, special or consequential damage.

Furthermore, Spinea Navis and its distributors, partners and suppliers do not assume any legal responsibility for the accuracy, completeness or usefulness of the information, devices, products or processes shown herein and do not guarantee that the use of information, devices, products or processes will not disturb private rights.

Denial of the right to advertise: The mention of any specific product, process or service that has a marketing name, trademark, manufacturer, or similar does not necessarily mean that Spinea Navis or any of its employees and suppliers are advertising, recommending or favoring it.

Denial of the right to external links: The appearance of external hyperlinks does not mean that Spinea Navis, distributors, partners or suppliers are advertising such external web locations, or information, products or services they contain. Spinea Navis and any of its employees, distributors, partners or suppliers have no control over information containing such external locations. The external links on the web location comply with the Spinea Navis policy, which is not responsible for the content of any related website it has received from its servers. Links may include text links, small pictures, icons or thumbnails that illustrate the link, and do not advertise a business, products or services.

Personal information protection, confidentiality, and cookies: Spinea Navis can use the so-called cookies – a set of data that serves as your anonymous individual identifier as the web location sends it to your browser and stores it on your computer. Cookies are used for the functioning of all web location features and for the better user experience.

When accessing a web location, cookies identify search parameters, but not the parameters of the user themselves. Cookies cannot detect the user’s personal identity. Spinea Navis can collect information by using “pixel tags,” “network signals,” “empty GIFs,” or similar means (jointly referred to as “pixel tags”) that makes it possible to know when an individual user visits the web location.

Spinea Navis uses third-party cookies to get statistical data on the number of visits to the web location and on the way it is used. Data collected includes user IP address, information on the browser, language, operating system, and other standard statistical data that is collected and analyzed solely in anonymous and mass form.

If you do not agree to their use, you can easily delete (or prevent) cookies on your computer using your browser settings. Find more information on cookies in Spinea Navis’s Privacy Policy, and further information on cookie management on your browser pages or at www.allaboutcookies.org.

Since the purpose of the cookies is to improve and enable better user experience when using our web location and its processes in the full range of their functionality, please note that by preventing or deleting cookies, you can disable the functionality of the web location features or cause a different look and feel in your browser.

Changes and termination of the Terms of Use: Spinea Navis reserves the right to change or terminate all or any part of this web location and its Terms of Use at any time. Changes shall come into effect by publishing them on this address or when users are notified about them. The Terms of Use shall apply until their termination by you or by Spinea Navis. Termination by you, which is possible at any time, means the termination of the use of the web location and the cancellation of all materials and content downloaded and used from the same web location.

Website https://kipacboatstands.com (hereinafter: web location) was launched and edited by Spinea Navis (hereinafter: Spinea Navis or us). With the first use of the web location, it is deemed that you are fully acquainted with these Terms, that they are clear to you and that you accept them. If you do not agree with them, please do not access the web location and do not use its content. If you have any questions or uncertainties regarding the Terms of Use, please contact us at info@kipacboatstands.com