Conditions
All services (including installation services), equipment, and parts sold or provided by Alliance Nav ("Seller") to the Customer are subject to Seller’s Terms and Conditions, as revised and in effect on the date of this Agreement ("Seller’s Terms and Conditions"). References to "products" and "items" within Seller’s Terms and Conditions include services, equipment, and parts provided to the Customer by Seller under this Agreement. A copy of Seller’s Terms and Conditions is available upon Customer request.
Without waiving or limiting any provision in Seller’s Terms and Conditions, the following Payment, Limitation of Liability, and Indemnification terms apply:
Payment:
Unless otherwise agreed in writing by the Seller, payment for services, equipment, and parts shall be made by the Customer NET 30 DAYS from the date of Seller’s invoice. Finance charges will accrue at the rate of 1.5% per month (18% per annum) on delinquent invoices. Seller reserves the right to suspend or terminate any services or delivery of equipment if payments are delayed. Any costs incurred by Seller to collect unpaid balances, including legal fees, shall be payable by the Customer.
Limitation of Liability:
Seller's liability for any injury to persons (including death), damage to or loss of any vessel, equipment, cargo, stores, or other property, or any resulting consequences (including but not limited to, pollution cleanup and remediation), shall be limited to the remedies available to the Customer under Seller's Terms and Conditions. This limitation includes exclusions of remedies and damages as stated therein. Seller assumes no additional responsibility or liability, whether the claim is based on negligence, strict liability, or any other legal theory. This applies to claims brought by the Customer or parties associated with the Customer. In no event shall Seller's liability exceed the purchase price of the specific service, equipment, or part involved in the claim for injuries, losses, or damages. Additionally, Seller shall not be liable for any indirect, incidental, or consequential damages, including but not limited to, lost profits, operational downtime, or punitive damages, even if advised of the possibility of such damages.
Indemnification:
The Customer agrees to defend, indemnify, and hold harmless the Seller from and against any and all claims, actions, causes of action, demands, losses, damages, liabilities, and judgments (including legal fees and costs) arising from or related to injuries (including death) or damage to property, whether caused by Customer’s acts, omissions, or negligence, or by Customer's agents, employees, contractors, or subcontractors in connection with the installation, use, or performance of any equipment, parts, or services sold or provided by Seller. This includes any damages or losses incurred in connection with non-compliance with applicable laws, regulations, or industry standards.
Force Majeure:
Seller shall not be liable for delays or failure to perform any obligation under this Agreement due to events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or supply chain disruptions. In such circumstances, Seller may, at its discretion, suspend performance or cancel the agreement without liability.