Chargement...

General Terms and Conditions of Sale

1. Purpose

These General Terms and Conditions of Sale ("GTC") govern the Maritime Brokerage services provided by the company. They define the rights and obligations of the parties in connection with introductions between Sellers, Buyers, Charterers, Shipowners, or any other party interested in a maritime transaction.

2. Services

The company acts exclusively as an intermediary and commercial advisor. Unless otherwise agreed in writing, it is neither seller, nor buyer, nor carrier, nor shipowner, nor agent of the parties.
The services may notably include:
• Identifying counterparties;
• Commercial negotiation;
• Assistance with the conclusion of contracts;
• Administrative follow-up of files.

3. Formation of the contract

Any assignment entrusted to the company constitutes acceptance of these GTC.
The assignment may be entrusted by any written means, including letter, email, or order confirmation.

4. Brokerage commission

The commission is due as soon as the transaction is concluded through the company's involvement, unless otherwise agreed in writing.
Unless otherwise specified:
The brokerage commission for the sale and purchase of a vessel is as follows:

  • If the sale of a vessel is completed with a buyer introduced by the Agent, the Agent shall receive compensation equal to 3% of the sale price excluding tax (VAT/duties excluded), payable by the Principal
  • If the buyer is introduced by the Principal, and provided the Agent actually participates in the negotiation or conclusion of the sale, the Agent shall receive compensation equal to 2% of the sale price excluding tax, also payable by the Principal
  • For any sale of a vessel with a sale price below €150,000 excluding tax, the brokerage fees shall be subject to prior agreement between the parties. They shall be determined based notably on the nature of the assignment, the geographic location of the vessel, that of potential buyers, as well as the costs and efforts required to complete the sale
  • Brokerage fees relating to valuation services, commercial appraisals, and/or charter contracts (charter parties) shall be fixed by mutual agreement between the parties, on a case-by-case basis, depending on the nature, travel, complexity, and scope of the assignment entrusted
  • It is payable on the invoice date ;Bank charges and applicable taxes remain the responsibility of the client

5. Payment terms

Invoices are payable within thirty (30) days of their issue date, unless otherwise agreed.
Any late payment automatically triggers.

  • The application of late-payment interest at the increased statutory rate or at the rate provided for under
  • Applicable regulations;
  • A fixed collection indemnity where provided for by law;
  • Reimbursement of justified additional collection costs.
     

6. Obligations of the parties

The client undertakes to provide all information necessary for carrying out the assignment and warrants its accuracy:

  • Undertakes to provide all proof-of-ownership documents requested by the Agent;
  • Authorizes the Agent to do whatever is useful to achieve the sale, including any advertising it deems appropriate, but at its own expense only;
  • Grants full authority to request any useful documents from any private or public persons;
  • Authorizes the Agent to advertise, present, and arrange visits to the above-mentioned vessel for any persons it deems appropriate. To this end, the client undertakes to provide the means to visit the vessel throughout the term of this mandate;
  • The Principal undertakes to ratify the sale presented by the Agent at the price and under the conditions of this mandate;
  • The Principal undertakes to immediately notify the Agent in the event of withdrawal from the sale or sale of the vessel;
  • The company carries out its services with diligence and in accordance with industry practice, without guaranteeing that a transaction will actually be concluded.

7. Liability

The company's liability is limited to direct damages resulting from a proven fault in the performance of its assignment.
It shall not be held liable for:

  • Decisions made by the parties;
  • Non-performance of a contract concluded between the parties;
  • Indirect losses, operating losses, loss of profits, or commercial damages.

8. Force majeure

Neither party may be held liable for a delay or failure to perform resulting from an event of force majeure as defined by applicable Law.

9. Confidentiality

Information exchanged in connection with assignments is confidential and may not be disclosed to third parties, except where legally required or with the parties' prior agreement.

10. Data protection

Personal data is processed in accordance with applicable data protection regulations. Contracts (Sale Agreements, Bills of Sale, Valuation Certificates, etc.), studies, analyses, reports, and documents prepared by the company remain its intellectual property, unless otherwise agreed in writing.


11. Governing Law

These GTC are governed by French law, unless otherwise mandatorily required.


12. Dispute resolution

The parties shall endeavor to resolve any dispute amicably. Failing an amicable agreement, only the Quimper Commercial Court shall have jurisdiction.


13. Final provisions

Should any clause of these GTC be declared null or unenforceable, the remaining provisions shall remain in full force and effect.
These GTC may be amended at any time. The applicable version is the one in effect on the date the assignment is entrusted.