Terms and Conditions​

Criteria for undertaking a service

All service assignments shall be undertaken only after receipt of a Service Order in writing from the customer, on terms mutually agreed to. The acceptance of a Service Order by Benson Marine shall be communicated to the customer as an Order Confirmation. A legally enforceable contract arises on such acceptance of the order.

Prices and charges

Customer shall pay the prices specified in the contract, or if not specified, Benson Marine prices in effect at time of service / delivery for all items (components, parts, equipment, and materials) necessary to carry out the service job as per the contract (quotation).

1. For all items not explicitly set forth in the contract and requested by Customer but made necessary because of incomplete or inaccurate information from customer
2. The service charges as per the contract, or in the absence of a contract at the Benson Marine hourly/daily rates as applicable.
3. The transportation charges for person(s) and materials as applicable.

Terms of payment

Mutually agreed terms of payment shall be stipulated in the contract (quotation) or Service Order as:

1. Full payment in advance prior to commencement of works/supply of materials or
2. Progressive payments determined reasonably by Benson Marine and confirmed by the customer. or
3. Payment shall be made within a specified number of days from the date of shipment or service delivery. Overdue payments shall carry interest @ 2% per month or part thereof. Customer shall pay Benson Marine collection or litigation expenses, including the attorney fees if applicable.

Terms of service

Attendance for a service shall be undertaken subject to availability of competent service engineer(s) and as per paragraph 2 above and as per following terms:

1. Periods of time for Benson Marine service charges are calculated on “from base–to base” basis.
2. Customer shall provide necessary facilitatory services including launch, immigration, customs and port clearances etc.
3. All service orders attended to, irrespective of work completion due to circumstances beyond reasonable control of Benson Marine, shall be payable as per Benson Marine prevailing service rates for labour, for spares and all expenses.
4. Any delay occurring during the service delivery process on account of customer/agent or beyond Benson Marines’ direct control shall result in extension of service time, and shall be payable as per prevailing Benson Marine service rates.
5. Unless otherwise notified by the customer, Benson Marine reserves the right to determine the number of persons necessary to perform service work.
6. Unless otherwise notified by the customer, Benson Marine will exercise its best judgement in performing labour at overtime rates.

Warranty

Three months on labour & parts as per the following terms.

1. The warranty starts from the date of the attending engineer’s Service Report Warranty covers repairs to or replacement / supply of parts – at the exclusive judgment of Benson Marine – that showed faults in workmanship/material and shall be limited to service delivery by Benson Marine personnel.
2. The term “labour” as applied to warranty is limited to the time spent in repairing the equipment/part under warranty. All other charges including waiting time, transportation time and other expenses shall be payable by the customer.
3. Benson Marine is released from any obligation under warranty if and when the customer or third party makes alterations or carries out repairs to the equipment/part or if the equipment is subjected to incorrect operation/handling.
4. The customer may either return the said equipment/parts, carriage paid by the customer, to Benson Marine, Mumbai, within the warranty period. Benson Marine undertakes to repair or replace these parts in proper time and return them to the customer, carriage paid by customer, or if assistance of Benson Marine is requested with regard to on-site repairs, Benson Marine shall undertake the repair and /or replacement of said apparatus on site.
5. Benson Marine makes no express warranty with respect to workmanship or parts other than the warranty set forth above. Benson Marine’s liability, if any, for damages relating to any alleged defective workmanship or parts under any legal or equitable theory, shall be limited to repairs/replacements as mentioned above and shall in no event include incidental or consequential or commercial damage of any kind.

Termination

If Customer terminates any part of the Service Order, unless due to Benson Marine’s default, Benson Marine shall be entitled to recover all costs (direct and indirect, including reasonable general and administration expense), as determined by Benson Marine’s standard accounting practices, incurred in performing and preparing to further perform the service delivery as on the termination date. Customer shall pay Benson Marine’s collection or litigation expenses, including the attorney fees.

Applicable law

The jurisdiction for all issues raised on the contract will be the Mumbai, INDIA.