YSE MARINE ENGINEERING

TERMS & CONDITIONS

1. Definitions

‘Agreement’ means this document.
‘Customer’ means the person, firm, agent, association, Vessel management or company who requests YSE Marine Engineering to perform marine mechanical repairs, electrical repairs, modifications and installations.
‘Instruction’ means the customers written instruction to board the Vessel and proceed with work.
‘YSE’ or ‘YSE Marine’ mean YSE Marine Engineering and its employees or subcontractors.
‘Mercantile Agency’ means debt collection agency.
‘Parts’ means engines, gearboxes, propulsion drives, propellers, control systems, generators, thrusters, stabilisers, hydraulic systems, watermakers, hoses, cables, wires, others parts and equipment installed on the Customer’s Vessel.
‘Vessel’ means the recreational and commercial boat, yacht or watercraft described on any quotation, invoice or other document issued by YSE Marine Engineering to the Customer, it includes marine electrical controls, equipment and accessories fitted to the Vessel.
‘Scope of Works’ (SoW) means all Works carried out by YSE Marine Engineering at the request of the Customer or his agent, including without limitation: 
• All repairs, overhauls, breakdowns and maintenance or improvements.
• Supply of all machinery, Parts, materials, equipment and labour.
‘Works’ means the work to be performed on the Customer’s Vessel.

2. Scope of Works and Authorisation

The Customer warrants that he, she or it is the owner of the Vessel or the Vessel owner’s agent and that he, she or it has the authority to request that YSE Marine Engineering perform the Works according to the SoW. The Customer shall provide written Instruction to proceed with the quoted SoW. The Customer acknowledges that quotation for Works are valid for the period stated on the quotation.

3. Insurance & Vessel Registration

The Customer warrants that the Vessel, premises or other facility owned by them and upon which services are being provided are comprehensively insured and registered as required by legislation. If requested, the Customer will provide YSE Marine Engineering with a Certificate of Currency for the Vessel or other insurance and/or Vessel registration.

4. Customer Acceptance of Estimates

On the Customer’s acceptance of a YSE Marine Engineering quotation, the Customer must give YSE Marine Engineering written approval to proceed, by signing the quotation and/or by confirming by email, WhatsApp or Line. At YSE Marine Engineering’ discretion YSE Marine Engineering may request up to a 100% deposit of the total cost before Works can commence. These Terms & Conditions shall apply to any additional Works and cost thereof not included in this quotation and as instructed and agreed to be performed. A supplementary quotation may be provided.

5. Schedule of Rates

YSE Marine Engineering has the following manhour rate for all Works performed, 2,000 THB per hour including VAT. A minimum charge out of one hour applies to all Works. Travel charges may apply, but is at the discretion of YSE Marine Engineering’s management. YSE Marine Engineering can and will charge overtime manhour rate per callout on Phuket Island, Thailand if Works have too be carried out as an ‘emergency’ during public holiday or weekend (Saturday, Sunday).

5. Liability & Indemnity

To the fullest extent permitted by the Kingdom of Thailand law, YSE Marine Engineering excludes all warranties, terms, conditions or undertakings of any nature and in any form (whether express or implied, written, oral, statutory or otherwise) in relation to the Works, any products or services it may supply to the Customer, and in relation to the Agreement. YSE Marine Engineering will not be liable to the Customer in contract, tort (including without limitation, negligence) or otherwise out of or in connection with the Agreement for:
(i) any loss of revenues, loss of Vessel’s charter revenues, loss of profits, loss of business, or anticipated savings, loss of joy, loss of time, loss of goodwill and/or reputation or loss arising out of business interruption (whether such losses are direct or indirect),
(ii) any indirect or consequential loss of Vessel, delay, accidental damage, shock damage, grounding damage, fire damage, flooding damage, sinking damage, weather damage, other type of damage to the Vessel,
(iii) any injury whatsoever to the Customer or its Representatives, nor any loss or damage to or theft of the Customer or its Representative’s property howsoever such injury, loss or damage may be caused (including without limitation in negligence), or
(iv) any damage, loss, delay or expense incurred or suffered by the Customer caused or contributed to by any event or circumstance beyond YSE Marine Engineering’s control. YSE Marine Engineering’s maximum liability to the Customer under, or in connection the Agreement is limited to the amount actually paid by the Customer to YSE Marine Engineering for the Works under the Agreement. The Customer must indemnify and keep indemnified YSE Marine Engineering from and against all losses, actions, claims, procedures, damages, costs and expenses of any kind arising out of or in connection with a breach of this Agreement by the Customer or its Representatives, and for the Customer or its Representatives acts or omissions (including negligence).
(v) any financial cost and/or labour cost in a harstand, in a marina, in a shipyard, in a dockyard, in a boatyard, on land, on water, at sea to haul out, to haul in, to lift, to trail, to tow, to convoy, to berth, to park, to stand, to dive under, to secure, to salvage, to clean, to antifoul the Vessel.

6 Payment

YSE Marine Engineering’s Bank details are:

Siam Commercial Bank (SCB), Thailand.
Account: 886-210600-8
SWIFT: SICOTHBKXXX
Payments in THB.

All accounts unless otherwise agreed in writing shall be paid upon receipt of Parts, prior to final completion of Works or at completion of the Works related to the SoW or services rendered by YSE Marine Engineering for the customer. If the SoW requires greater than seven days YSE Marine Engineering reserves the right to issue a weekly invoice for Works completed and to cease work until the account is paid, with any costs incurred as a result, such as additional hardstand, to the account of the Customer. Postponement of Payment – YSE Marine Engineering may agree in writing to postponement of payment of any monies owing to YSE Marine Engineering by the Customer, at which time interest shall be payable by the Customer on the highest debt balance of each calendar month on monies owing by the Customer to YSE Marine Engineering, calculated daily from the date monies are due at a rate of 14% per annum. All risks in any goods ordered by YSE Marine Engineering for the Customer shall be deemed passed to the Customer from the time the goods are loaded or delivered to YSE Marine Engineering by a courier or carrier consigned to YSE Marine Engineering. The customer hereby acknowledges that the Parts supplied by YSE Marine Engineering shall remain the property of YSE Marine Engineering until YSE Marine Engineering receives full payment for the Parts and Works. YSE Marine Engineering reserves the right to place a caveat or encumbrance on a Vessel for non-payment. The Customer agrees that Disputes and/or claims do not constitute grounds for non-payment of Invoices for quoted and additional Works. The Customer agrees that YSE Marine Engineering may attend upon the Vessel or premises without the Customer and retrieve any equipment or Parts supplied that have not been paid for as agreed under these Terms & Conditions.

7. Termination

YSE Marine Engineering may terminate the Agreement immediately by notice in writing by email, WhatsApp or Line to the Customer, if the Customer or its Representative breaches the Agreement. The Terms and Conditions of this Agreement will remain in force following the Termination of the Agreement and will not affect the rights or obligations of the parties which have accrued up to the date of termination.

8. Mercantile Agency.

YSE Marine Engineering reserves the right to use the services of a Mercantile Agency. The Customer agrees that the law of the Kingdom of Thailand shall apply to this Agreement and their dealings with YSE Marine Engineering. The Customer hereby charges all land/ Vessels owned by the Customer or in the future acquired by the Customer to secure payments of all monies which are or may be owing under this Agreement and consents to an absolute caveat or encumbrance being registered by YSE Marine Engineering at any time in respect of such land/Vessel to protect its charge. Any legal costs or other expenses whatsoever, including Mercantile Agency fees incurred by YSE Marine Engineering in respect to recovering the debt for the Work done shall be paid by the Customer.

9. Time Bar and Warranty

No warranty claim will be studied by YSE Marine Engineering until full payment of all SoW invoices by the Customer.
Overpropped and overloaded engine (engine not reaching rated full rpm speed, engine load usage different to Manufacturer’s Duty Rating, engine load higher than Manufacturer propeller’s curve), overloaded gearbox, overloaded propulsion drive, overloaded Vessel (displacement overweight affecting hull resistance, center or gravity issue affecting trim and sinkage, cleanliness issue of hull and appendages) are subject to warranty claim denial by YSE Marine Engineering.
Unless specified differently in quotation, YSE Marine Engineering warrants its workmanship for a period of 3 months. Manufacturers’ Parts warranty applies to installed Parts by YSE Marine Engineering. Troubleshooting under warranty, Works under warranty are handled by YSE Marine Engineering’s employees. Troubleshooting under warranty, Works under warranty, delivery of Parts under warranty are conducted by YSE Marine Engineering in the territory of Phuket Island, Thailand, only. YSE Marine Engineering will not in any circumstances be liable for any claim or loss, delay, damage or injury, including any economic or consequential loss arising out of or in any way connected with the performance of the SoW whether involving negligence of YSE Marine Engineering or otherwise, unless such claim is made in writing within 3 months of the earliest of the following occurring, at which time the Terms and Conditions of the Agreement shall apply:

• Works being invoiced; or

• The Vessel is out of the territory of Phuket Island, Thailand, leaves care of, deny access to YSE Marine Engineering.

The Customer agrees that YSE Marine Engineering may review these terms and conditions at any time.