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Malta Catamaran Charters Company Limited

Terms and Conditions

1. Terms and Conditions

1.1 Malta Catamaran Charters Company Limited, hereinafter referred to as “MCC” shall supply, and the Customer shall purchase the Goods and Services in accordance with the quotation and sales order confirmation, subject to these Terms and Conditions.

1.2 The Contract shall exclude any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made, by the Customer.

2. Basis of Sale and Service

2.1 MCC’s employees, agents, or subcontractors are not authorized to make any representations concerning the Goods or Services unless confirmed by MCC in writing. By entering into the Contract, the Customer acknowledges that it does not rely on, and waives any claim for breach of, any such representations not confirmed in writing.

2.2 No variation to these Terms and Conditions shall be binding unless agreed in writing by the authorized representatives of the Customer and MCC.

2.3 Sales literature, price lists, and other documents issued by MCC are subject to alteration without notice and do not constitute offers to sell the Goods capable of acceptance. No contract for the sale of Goods or Services shall be binding on MCC unless MCC has issued a quotation expressed as an offer or has accepted an order placed by the Customer.

2.4 Any typographical, clerical, or other errors or omissions in sales literature, quotations, price lists, or other documents issued by MCC shall be corrected without liability on MCC’s part.

3. The Goods

3.1 No order submitted by the Customer shall be deemed accepted by MCC unless confirmed in writing by MCC’s authorized representative.

3.2 MCC reserves the right to make changes to the specification of Goods to comply with statutory requirements or where such changes do not materially affect quality or performance.

3.3 Orders accepted by MCC may not be canceled by the Customer without MCC’s written agreement. The Customer shall indemnify MCC against all losses, including profit loss, costs, damages, and expenses incurred as a result of cancellation.

4. The Services

4.1 MCC shall use reasonable care and skill to perform the Services identified in the quotation or schedule.

4.2 MCC shall endeavor to complete obligations under the Contract but does not guarantee adherence to any specific timeline unless expressly agreed in writing.

5. Price

5.1 Prices for Goods and Services shall be listed in MCC’s quotation current at the acceptance date or otherwise agreed in writing.

5.2 MCC’s quotations are valid for 30 days unless otherwise specified.

6. Payment

6.1 MCC shall invoice the Customer for Goods and Services on or after delivery. Payments are due within 30 business days of the invoice date unless otherwise agreed in writing.

6.2 The Customer shall pay in full without deductions or offsets, subject to discounts or credits allowed by MCC.

7. Delivery and Performance

7.1 MCC shall deliver Goods as specified in the quotation or schedule, or the Customer may collect them from MCC’s premises as notified.

7.2 Delivery dates are approximate and not of the essence unless agreed in writing. MCC may deliver earlier with reasonable notice.

8. Non-Delivery of Goods and Services

8.1 MCC shall not be liable for delays in delivery due to circumstances beyond its reasonable control or caused by the Customer or carriers.

9. Assignment

9.1 MCC may assign the Contract or part of it without prior Customer consent.

10. Customer’s Default

10.1 If the Customer fails to make payments when due, MCC may cancel orders, suspend services, or apply payments at its discretion. Interest of 8% per annum may be charged on overdue amounts.

11. Liability

11.1 MCC excludes liability for indirect or consequential loss, including loss of profit or business, arising from the supply of Goods and Services.

11.2 MCC excludes implied warranties or conditions to the fullest extent permitted by law.

11.3 The Customer indemnifies MCC against damages caused to equipment by the Customer or its agents.

11.4 MCC shall not be liable for delays or failures beyond its reasonable control.

12. Force Majeure

Neither party shall be liable for delays or failures due to causes beyond their reasonable control, including but not limited to natural disasters, acts of terrorism, or governmental actions.

13. Waiver

No failure to enforce any provision of these terms shall constitute a waiver of the right to enforce subsequent breaches.

14. Law and Jurisdiction

14.1 These terms and conditions shall be governed by the laws of Malta.

14.2 Any disputes shall fall under the jurisdiction of the courts of Malta.

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Effective Date: 11-Apr-2024 Last Updated: 11-Apr-2024  
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