GENERAL TERMS AND CONDITIONS ( GTC )
RICKMERS Marine Supply
Registered office: Rotterdam, Netherlands
Website: https://noreva-marine-supply.com
§ 1 Scope of Application
(1) These General Terms and Conditions apply to all business relationships between RICKMERS Marine Supply (“Seller”) and its customers.
(2) These terms apply exclusively to business customers within the meaning of § 14 German Civil Code or equivalent international legal definitions.
(3) Any deviating, conflicting, or supplementary terms of the customer shall not become part of the contract unless expressly accepted in writing by the Seller.
§ 2 Formation of Contract
(1) The presentation of goods, technical data, or catalog information does not constitute a legally binding offer.
(2) A contract is concluded exclusively by written order confirmation or by actual delivery of goods.
§ 3 Pricing and Payment Terms
(1) All prices are net prices unless expressly stated otherwise.
(2) Payments are due immediately upon conclusion of contract without deduction, unless otherwise agreed in writing.
(3) Accepted payment methods are strictly limited to bank transfer and credit/debit card payments.
(4) Third-party payment services, including but not limited to PayPal or comparable online payment and wallet systems, are not offered and are expressly excluded.
(5) The use of such payment services is excluded; no deviations or alternative arrangements shall be made.
(6) The customer has no entitlement to any specific payment method.
(7) Purchase on account may be granted only after an established and stable business relationship and at least six (6) successfully completed orders. There is no entitlement to such payment terms.
(8) The Seller reserves the right to withhold delivery until full payment has been received.
§ 4 Delivery and Logistics
(1) Deliveries are made domestically and internationally, subject to legal, logistical, or operational restrictions.
(2) Delivery times are non-binding estimates and commence only after full payment and completion of all commercial and operational checks.
(3) Standard delivery times:
• Domestic (EU): 2–10 working days
• International (outside EU): 5–21 working days
(4) The Seller determines shipping method, transport route, and logistics provider at its sole discretion based on operational requirements.
(5) Certain goods are shipped exclusively via freight forwarders or specialized logistics providers, including but not limited to:
• Dangerous goods and safety-related equipment (e.g. life rafts, signal flares)
• Engines, propulsion units, and heavy technical equipment
• Oversized or high-volume industrial goods
• Mmaritime, offshore, and industrial equipment
(6) Partial deliveries are permitted insofar as they are reasonable for the customer.
(7) There is no obligation to provide shipment tracking data. Any shipping or status information depends solely on the technical capabilities and operational processes of the respective logistics providers and does not form part of the Seller’s contractual obligations.
§ 5 Customs, Duties and Taxes
(1) For international deliveries, customs duties, taxes, and other charges may apply.
(2) Such charges shall be borne exclusively by the customer.
§ 6 Transfer of Risk
(1) For business customers, risk transfers to the customer upon handover of the goods to the carrier.
§ 7 Retention of Title
(1) The goods remain the property of the Seller until full payment of all claims arising from the business relationship has been received.
(2) Resale is permitted in the ordinary course of business; resulting claims are hereby assigned to the Seller in advance as security.
§ 8 Inspection and Notification of Defects
(1) The customer is obliged to inspect the goods immediately upon delivery.
(2) Obvious defects must be reported in writing within five (5) working days.
(3) Failure to notify within this period shall be deemed acceptance of the goods.
§ 9 Warranty
(1) Statutory warranty rights for business customers apply.
(2) Customary or technically unavoidable deviations shall not be considered defects.
§ 10 Returns / RMA Procedure
(1) Returns are only accepted with prior written RMA authorization.
(2) Returns without an RMA number will not be accepted.
(3) Returns are at the customer’s risk.
§ 11 Cancellation and Refunds
(1) Refunds are processed only after full commercial and technical review.
(2) Processing time may take up to 21 working days after completion of all review procedures.
§ 12 Liability
(1) The Seller is liable only in cases of intent and gross negligence.
(2) In cases of slight negligence, liability is limited to breaches of essential contractual obligations and to foreseeable damages.
(3) Liability for indirect damages, loss of production, or loss of profit is excluded to the extent permitted by law.
§ 13 Export Control and Sanctions
(1) All deliveries are subject to applicable export control and sanctions regulations.
(2) Supply to sanctioned persons, entities, or countries is strictly prohibited.
(3) The customer is responsible for compliance with all import and export regulations.
§ 14 Force Majeure
(1) Force majeure events release the affected party from its obligations for the duration of the disruption.
(2) Force majeure includes in particular natural disasters, war, official measures, supply chain disruptions, strikes, and cyberattacks.
(3) If force majeure continues for more than three (3) months, either party is entitled to terminate the contract.
§ 15 Confidentiality
(1) All non-public information exchanged in the course of the business relationship shall be treated as strictly confidential.
(2) This obligation survives termination of the contract for a period of five (5) years.
§ 16 Set-off and Retention Rights
(1) Set-off is permitted only with undisputed or legally established claims.
(2) Retention rights may only be exercised arising from the same contractual relationship.
§ 17 Technical Documentation
(1) All technical documents remain the property of the respective rights holder.
(2) Use is restricted to the contractual purpose only.
§ 18 Data Protection
(1) Personal data is processed in accordance with applicable data protection laws, including the GDPR.
§ 19 Governing Law and Jurisdiction
(1) This agreement shall be governed by the laws of the Netherlands, excluding the CISG where legally permissible.
(2) The place of jurisdiction shall be Rotterdam for business customers.
§ 20 Final Provisions
(1) Amendments must be made in text form.
(2) If any provision is or becomes invalid, the validity of the remaining provisions shall remain unaffected.
(3) The invalid provision shall be replaced by a provision that most closely reflects the economic intent of the original.
