Terms and Conditions

TERMS OF WEBSITE USE

This page (together with the documents referred to in it) sets out the terms of use on which you may use our website [insert website URL] ("our site"). Use of our site includes accessing, browsing, or registering to use our site.

Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site.

By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you must not use our site.

OTHER APPLICABLE TERMS

These terms of use refer to our Privacy Policy that sets out the terms on which we process any personal data we collect from you or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

INFORMATION ABOUT AL SHAMIL TURNING LLC

Our site is operated by Al Shamil Turning LLC, with its registered office at Al Shamil Turning LLC, AL Hayl Industrial Area, Behind National Hypermarket, Fujairah P.O.BOX: 7564, United Arab Emirates("we").

Al Shamil Turning LLC specializes in hydraulic engineering and hull cleaning machinery for marine and industrial applications.

CHANGES TO THESE TERMS

We may revise these terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes we make, as they are binding on you.

CHANGES TO OUR SITE

We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that our site, or any content on it, will be free from errors or omissions.

ACCESSING OUR SITE

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they agree to be bound by them.and that they comply with them.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

NO RELIANCE ON INFORMATION

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

LIMITATION OF OUR LIABILITY

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

VIRUSES

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.

1. DEFINITIONS

In these Terms & Conditions, unless the context otherwise requires:

• "The Company" means Al Shamil Turning LLC of Al Shamil Turning LLC, AL Hayl Industrial Area, Behind National Hypermarket, Fujairah P.O.BOX: 7564, United Arab Emirates.
• "The Customer" means the person, firm or company to whom the Company supplies Services and/or Equipment under the Contract.
• "The Contract" means the contract entered into between the Company and the Customer in relation to the Services and/or Equipment supplied.
• "The Services" means the services which the Company is to supply to the Customer under the Contract, including but not limited to hydraulic system design, installation, maintenance, and barnacle cleaning machinery operations.
• "Equipment" means any equipment, machinery, parts, or materials supplied by the Company.

2. GENERAL

2.1 The Company supplies the Services and Equipment on these Terms & Conditions only. Accordingly these Terms and Conditions shall apply to all orders for the Services and Equipment which are received from the Customer and (save as shall have been expressly agreed in writing by a director of the Company) shall prevail over any conditions of contract which the Customer may seek to impose.

2.2 No variation of, or addition to, these Terms & Conditions and no representations about the Services or Equipment will be binding on the Company unless made in writing and signed by a director of the Company.

2.3 The headings in these Terms & Conditions are set out for convenience only and shall have no effect on the interpretation of the individual clauses.

3. THE SCOPE OF CONTRACT

3.1 The Contract does not become binding upon the Company until the Company has issued a written acceptance of the Customer's order.

3.2 The Company's obligations under the Contract shall be limited to supplying the Services and/or Equipment contemplated by the Customer's order together with any variations thereof and additions thereto, which may subsequently be agreed. The Customer must give the Company reasonable notice of any variations and additions that are required.

4. PRICE

4.1 Subject as hereinafter provided, the price payable by the Customer shall be as set out in the Company's written quotation to the Customer.

4.2 The Company does however reserve the right to increase the price payable in order to reflect any agreed variations or additions to the Customer's requirements and any increases in costs which may be incurred by the Company between the date of the Customer's order and the date of completion.

4.3 Unless expressly included in any quote given to the Customer, the Company shall be entitled to recover from the Customer as an additional item at cost all transportation, materials, equipment rental, storage and other associated costs and charges which are incurred by the Company in performing the Services.

4.4 Unless otherwise indicated, all prices listed or quoted are exclusive of any applicable Value Added or other relevant taxes, which the Company reserves the right to levy at the prevailing rate on all amounts actually charged to the Customer.

5. PAYMENT

5.1 Payment of sums due under the Contract shall be made by the Customer net within 30 days of invoice, unless the Company has requested alternative terms of payment in which case payment should be made on the terms then requested.

5.2 In the event that payment is not made by the due date, the Company shall be entitled to charge the Customer interest on any overdue amounts at the rate of 2% per month for each month or part month during which the said amounts remain overdue (both before and after any judgement).

5.3 Payment on or before the due date is of the essence of the Contract. Accordingly the Company shall upon notice to the Customer be entitled to withhold services and/or suspend the performance of the Contract generally if payment of any amount is overdue.

5.4 The Customer shall not be entitled to retain, deduct or defer any sums whatsoever due to the Company under the Contract on account of any dispute, cross claim or set off.

6. PERFORMANCE OF SERVICES

6.1 The Company shall use reasonable endeavours to complete the Services within any time scale indicated. However, any time estimates given by the Company shall be by way of guidance only and shall not be of the essence of the Contract.

6.2 The Customer undertakes to provide safe and convenient access to the work site and safe facilities for the Company's personnel and equipment. The Customer shall be responsible for obtaining all necessary permits, approvals and authorizations required for the performance of the Services.

6.3 The Customer shall provide accurate and complete information regarding site conditions, vessel specifications, and any other relevant details necessary for the proper performance of the Services.

6.4 The Company reserves the right to suspend or delay the performance of Services if site conditions are deemed unsafe or if the Customer has not fulfilled its obligations under this clause.

7. OWNERSHIP AND RISK

7.1 Unless otherwise indicated, the risk of damage to Equipment shall pass to the Customer upon delivery or installation.

7.2 Title to Equipment shall not pass to the Customer until the Company has received payment in full of all sums due from the Customer under the Contract together with any interest accrued thereon and other charges.

7.3 The Company shall retain full legal and beneficial title to Equipment until payment in full is received. During this period, the Customer shall hold the Equipment as the Company's bailee and shall keep it fully insured.

8. CANCELLATION OF ORDERS

Orders for Services or Equipment which have been accepted by the Company may not be cancelled or suspended without the Company's prior written consent. Cancellation fees may apply based on work already completed and costs incurred.

9. WARRANTIES AND LIMITATION OF LIABILITY

9.1 The Company hereby warrants that Services will be performed with reasonable skill and care and that Equipment supplied is free from material defects in workmanship at the date of delivery.

9.2 Equipment is warranted for a period of 12 months from the date of delivery or installation, whichever is later. The Company's liability under this warranty shall be limited to making available free of charge the labour and materials required to make good any such defects or (at the Company's option) replacing any defective Equipment.

9.3 The Company's liability under warranty is subject to the following conditions:

• The Customer must give written notice of defects within 14 days of discovery;
• Equipment must have been properly stored, used, and maintained in accordance with the Company's instructions;
• The warranty does not cover damage caused by incorrect use, abnormal loads, unauthorized modifications, or improper maintenance;
• Equipment must be returned at the Company's request but at the Customer's expense for inspection;
• The Company must have received full payment by the due date.

9.4 The warranty does not extend to parts or equipment not manufactured by the Company. For such items, the Customer shall only be entitled to the benefit of any warranty given by the manufacturer to the Company.

9.5 The warranty does not extend to cosmetic defects occurring after supply. In marine environments, metal parts may show discolouration or surface corrosion.

9.6 All liability of the Company for any consequential losses, loss of profit, business interruption, loss of revenue, or other losses of a similar nature is excluded to the fullest extent permitted by law.

9.7 The Company's total liability under the Contract shall not exceed the total price paid by the Customer for the specific Services or Equipment giving rise to the claim.

9.8 All Services and Equipment are supplied on the basis that the Customer has satisfied itself as to the suitability for the intended purpose and has not placed reliance upon the skill or judgement of the Company.

9.9 The Customer agrees to indemnify the Company against all claims relating to Services or Equipment supplied in respect of any loss, damage or expense sustained by any third party save only in respect of death or personal injury caused by the negligence of the Company.

9.10 Notwithstanding the above provisions, the Company does not exclude or restrict its liability for death or personal injury caused by its negligence or that of its employees, agents or subcontractors.

10. HEALTH AND SAFETY

10.1 The Customer shall ensure that the work site complies with all applicable health and safety regulations and that safe working conditions are provided for the Company's personnel.

10.2 The Customer shall inform the Company of any hazards, risks, or special conditions at the work site that may affect the performance of Services.

10.3 The Company reserves the right to refuse to perform Services or withdraw personnel if health and safety conditions are deemed unsatisfactory.

11. ENVIRONMENTAL COMPLIANCE

The Customer shall ensure compliance with all applicable environmental regulations. The Company shall perform Services in accordance with industry best practices and environmental standards, but the Customer remains responsible for proper disposal of waste materials and compliance with local environmental regulations.

12. CONFIDENTIALITY

Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of business. This obligation survives the termination of the business relationship.

13. FORCE MAJEURE

In the event that the performance of the Contract is frustrated, prevented, interrupted, hindered, delayed or rendered unduly expensive through war, rebellion, civil commotion, strike, lock-out, fire, explosion, earthquake, act of God, flood, bad weather, pandemic, or any other cause beyond the Company's control, the Company shall promptly give notice thereof to the Customer and shall have the right to suspend performance for as long as such force majeure shall continue.

14. INSURANCE

The Company maintains appropriate public liability and professional indemnity insurance. The Customer shall maintain adequate insurance coverage for its vessels, equipment, and property.

15. ASSIGNMENT

The Customer may not assign the benefit or burden of the Contract without the written consent of the Company.

16. PROPER LAW AND JURISDICTION

The construction, validity and performance of the Contract shall be governed by the laws of [Insert Jurisdiction]. All disputes or questions which may arise shall be subject to the exclusive jurisdiction of the courts of [Insert Jurisdiction].

17. SEVERABILITY

If any clause or part thereof contained in these Terms and Conditions is held by any court or competent authority to be invalid or unenforceable, the validity of the remainder shall not be affected thereby.

18. WAIVER

No waiver by the Company of any particular default or breach of Contract by the Customer shall be considered as a waiver of any subsequent default or breach.

19. ENTIRE AGREEMENT

These Terms and Conditions, together with any quotations and written agreements, constitute the entire agreement between the parties and supersede all prior negotiations, understandings, and agreements.

20. SPECIALIST SERVICES TERMS

20.1 Hydraulic Systems: All hydraulic systems are designed and installed according to industry standards and customer specifications. The Customer is responsible for regular maintenance and inspection of hydraulic systems. The Company provides technical support and maintenance services as agreed.

20.2 Barnacle Cleaning Machinery: Barnacle cleaning services are performed using specialized equipment designed for marine hull cleaning. The effectiveness of cleaning may vary depending on vessel condition, barnacle density, and environmental factors. The Company does not guarantee specific performance improvements but warrants that services will be performed in a professional manner.

20.3 Emergency Services: The Company offers 24/7 emergency support for hydraulic system failures and urgent maintenance requirements. Emergency service rates may differ from standard rates and will be communicated to the Customer prior to commencement of work.