KREMIK NAUTIC CENTER d.o.o.

Zagreb, Gundulićeva ulica 50

OIB: 73628214485

GENERAL TERMS AND CONDITIONS

The General Terms and Conditions of the company KREMIK NAUTIC CENTER d.o.o. („KNC„) apply to:

• all users of the services of the company Kremik nautic center d.o.o. (‘`Clients”);
• subcontractors of KNC;
• everyone present in the area of KNC.

By entering the KNC area, a natural or legal person confirms that he has read, understood, and accepted these General Terms and Conditions.

The General Terms and Conditions apply to all services of KNC and form an integral part of the offer or order, except in the case when their application is expressly excluded.

For the elimination of doubt, the term Client includes the client, user, and/or customer, as applicable in the specific situation.

OFFER OR ORDER

Article 1

The offer or order for the execution of vessel repair works or other services provided by KNC as listed in the applicable KNC pricelist („Services„) must be in writing.

The Client must be authorized to order the Services, and KNC is entitled to request confirmation of such authority, i.e. proof of ownership of the vessel or the owner’s power of attorney.

By signing the offer or orderthe Client confirms that he has read, understood, and accepted these General Terms and Conditions. . It is considered that the contract for Services is concluded by the acceptance of the offer or signing of the order by the ClientFor elimination of doubt, acceptance by email, the signature of acceptance on the offer or the order, or by any other authentic written or electronic means, shall be considered as the written form.

In the event that there is no written acceptance of the offer, KNC is not obliged to start the execution of the Services nor is it responsible for the non-execution of the Services or any other consequences that occur to the Client due to the absence of written acceptance of the offer

In the case of ordering Services of higher value or works whose value exceeds the amount of EUR 10,000, the Client shall pay a deposit in the amount of 30% of the total amount of the Services, unless expressly agreed otherwise in writing („Deposit„). The KNC reserves the right to, based exclusively on its own assessment, request the payment of an appropriate Deposit in individual cases where the value of the Services is less than EUR 10,000.

The Client shall submit to KNC all the documentation about the vessel necessary for making the offer and the execution of the Services, including, but not limited to, all the necessary data about the vessel and its characteristics, as well as accurate instructions and other information necessary for the correct and orderly execution of the Services, and shall bear all responsibility for irregular, incomplete, unclear, contradictory or late order or service execution caused by untimely, incorrect and/or incomplete delivery of documentation and information.

Article 2

When ordering vessel manipulation Services, such as lifting, lowering, washing the underwater part of the vessel, etc., the Client shall deliver:

• credible technical documentation for the safe execution of the ordered Services, in particular data from which the position of the lifting straps is visible and data on the places where supports and/or supports are placed;
• information if foil has been applied to the vessel;
• information on the equipment on the underwater part and accurate data on its location;
• information about a possible defect or anomaly on the vessel, which could cause damage to the vessel and/or its equipment;
• all other information requested by KNC to perform the Services.

If the Client does not provide accurate and complete information from the previous paragraph, KNC shall not be liable for damages that occur to the vessel and/or its equipment during the execution and/or provision of manipulation services with the vessel.

For the performance of manipulation operations on a vessel whose building material is wood or its variants and on a vessel to which a foil has been applied, all liability for the resulting damage is solely borne by the Client, regardless of the delivery of documentation and/or information from paragraph 1 of this Article.

KNC shall not be liable for deformations of the hull or underwater parts of the equipment, regardless of the type of material of the hull and equipment, when performing vessel manipulation operations, unless the damage is the result of gross negligence or intent on the part of KNC established by a competent court.

Article 3.

If KNC is at any time unable to perform the Services or if it is likely that the Services cannot be performed due to any event not caused by the fault or gross negligence of KNC, KNC is authorized to terminate the provision of the Services. If possible, KNC will deliver the performed Services or a part of the Services to the Client at a place that KNC considers suitable and safe, and at that moment the Services shall be considered delivered, ending any further obligation of KNC to fulfill the ordered Services.

In the case referred to in paragraph 1 of this Article, if the Service is partially performed, KNC shall be entitled to a proportional part of the compensation determined by the offer, as well as to reimbursement of costs incurred as a result of the event referred to in paragraph 1 of this Article.

PAYMENT

Article 4

KNC shall be entitled to a fee for the performance of the Services, as well as to compensation for costs incurred during the performance of the Services. Reimbursement of expenses refers to and includes any expenses that may arise during the performance of the Services, for example, the purchase of additional spare parts, etc.

The fee shall be specified in the offer. Offers and orders without an agreed fee will be charged according to the valid pricelist of KNC.

All fees are expressed with the Value Added Tax and do not include any other tax, customs duty, or compensation determined by the applicable laws and by-laws of the Republic of Croatia which must be borne by the Client.

KNC is entitled to request the reimbursement of costs from the Client immediately upon their occurrence during the performance of the Services. The Client shall, at the request of KNC, advance the costs necessary for the execution of the Services to KNC in a timely manner. Otherwise, KNC is authorized to terminate the provision of Services until such costs are settled, and shall be released from any liability resulting from the termination of the Services, including, but not limited to, the duty to preserve or protect the Client’s goods.

KNC will not start with the execution of the Services before the payment of the Deposit, when applicable unless otherwise agreed.

Upon completion of the Service, KNC will issue an invoice to the Client with a due date of 3 days from the date of issuance. Exceptionally, the due date of payment of the fee and other costs may be agreed upon differently in the offer.

The equipment installed on the vessel remains the property of KNC until the invoice is fully settled.

KNC shall not be obliged to return the vessel if the Client has not fully settled the invoice or any amount owed to KNC at any time under the offer or otherwise.

If the Client does not settle the total agreed fee or the Deposit, KNC is authorized at its own discretion:

• to suspend the performance of the Service or the delivery of the Service or/and terminate the contract;
• to calculate statutory default interest on all outstanding due amounts.

KNC shall be entitled to retain the vessel and equipment for all outstanding claims. In order to exercise the right to detain the vessel, KNC shall be entitled to use technical means to detain the vessel at the sea berth in the marina ‘’Kremik’’ without the consent of the owner or user of the vessel, if the vessel is at the sea berth in the marina ‘’Kremik’’, or not to lower it from the dry berth, if it is on the dry berth for repairs.

COLLECTION/ DELIVERY

Article 5

The Client shall bring the vessel to the marina „Kremik”, Primošten, Splitska 22-24 (the „Marina„) at his own expense for performing the Services unless the Client and KNC agree otherwise. The Client shall handover the vessel to in accordance with handover protocol applicable in marina “Kremik”.

The Client shall bear the cost of the berth while the vessel is in the Marina for performing the Services. Berth is charged at the Marina reception by the official price list.

The Client shall bear the costs of transporting the vessel to another marina, if necessary.

Article 6

After the Service has been performed, and the invoice is fully settled, KNC will hand over the possession of the vessel to the Client in accordance with handover protocol applicable in the Marina. 

WARRANTY

Article 7

The guarantee for the completed Services of preparing the engine (drive or auxiliary) and propulsion elements for the season or after the winter period, unless otherwise agreed, is one month from the completion of the Services.

The warranty for all other Services, unless otherwise agreed, is 3 months.

The warranty on installed material, parts, and equipment is given according to the manufacturer’s conditions.

KNC does not provide a guarantee for the work performed with the Client’s material.

COMPLAINTS

Article 8.

Objections to the issued invoice and/or service, specifying the name, surname, and address, must be submitted in writing by the Client within the legal term of 8 days from receipt of the invoice and/or from taking over the vessel by e-mail to: info@kremik-nautic-center.hr or by mail to the address: Kremik Nautic Center d.o.o., Gundulićeva ulica 50, 10000 Zagreb. KNC will respond to the complaint within 15 days from the day of receipt. In the event of a justified complaint, the Client has the right to correct the service without additional claims from KNC. Complaints beyond the specified deadline will not be taken into consideration.

In the case of an accepted complaint by the Service, the Service is not obliged to compensate the Client for lost profit or time or to provide a replacement vessel.

Complaints can only be resolved in KNC. In the case of resolving complaints at another location, the Client is obliged to bear all associated costs of manipulation and accommodation of the vessel and the costs of the serviceman’s arrival at the repair site.

It will be considered that the Client does not have a claim or objection to the Services, if he left the Marina by the vessel.

LIABILITY FOR DAMAGE

Article 9

When performing the Services, KNC shall act with the care of a good businessman.

KNC shall be liable for damage only if it was caused by gross negligence or intent on the part of KNC or its employees as established by a competent court.

KNC shall not be liable for any delay or failure or inability to provide the Services in whole or in part, if it is prevented or delayed by action or circumstances beyond the control of KNC, including but not limited to force majeure, explosion, flood, storm, fire, accident, drought; legislation, restrictions, regulations, laws, prohibitions or measures of any kind by a government, legislature or local authority; war or threat of war, sabotage, rebellion, civil unrest or requisitions; power failure or engine failure; lockout, strike or other measures taken by employees or a third party in anticipation of a labor dispute; delays in payment of any fees or payments by the Client; and difficulties and/or impossibility of acquiring materials/labor.

KNC shall not be liable for any damage that may result from the records of the competent authorities, the expert’s findings, the claims of the insurer or the injured party,

In the case of the actions of KNC or its employees during a harmful event in order to reduce the consequences of the harmful event, KNC or its employees will take measures to prevent the harmful event within the scope of objective possibilities and skills according to their own judgment without risking the health and life of the persons participating in taking these measures, whereby KNC does not guarantee in any way that it will be able to prevent either the occurrence or the spread of a harmful event.

KNC has contracted liability insurance from the activity and towards third parties with the insurance company.

In case of fire or sinking, KNC has no obligation or possibility to determine whether there are any persons present on the endangered vessels.

Article 10

KNC shall not bear any liability regarding the defects of the Services that could have been noticed by a regular inspection if the Client fails to inform KNC in writing about all the defects found in the manner and within the deadlines specified in Article 8 of these General Terms and Conditions.

KNC shall not be liable for any defects in the Services or spare parts if the failure is due to (i) mishandling or malfunction, (ii) force majeure, (iii) wear and tear due to excessive use of mechanical and/or electronic items, or (iv) extraordinary mechanical, chemical or atmospheric influences.

The liability of KNC shall in any case be limited by the amount of the Services paid by the Client or by the actual damage suffered by the Client, depending on which amount is smaller.

Article 11

The Client is solely liable for the state of the electrical installations on the vessel and damages that could be caused by the cable connected to the electrical installation of KNC.

The Client or the owner of the vessel is obliged to indemnify KNC and/or a third party for all damages caused by his vessel, which occurred as a result of non-compliance with these General Terms and Conditions and poor or improper maintenance of the vessel or equipment.

The Client shall indemnify, defend and hold harmless KNC (including management, employees, contractors, and other service providers) from and against all claims, demands, suits, damages, liabilities, losses, costs, and expenses, including attorneys’ fees, caused by, or in related to, or arising directly or indirectly from the performance of any Services due to breach of guarantees, representations, contracts and obligations by the Client unless the respective claims are caused by the intention or gross negligence of KNC.

Article 12

A legal or natural person who causes damage to the vessels, cars, and equipment of KNC or third parties shall indemnify KNC or a third party for all the resulting damage.

SUBCONTRACTORS

Article 13

In KNC, it is not allowed to carry out any activities of external subcontractors who do not have a contract on business cooperation with KNC („Contract„), or if there is no Contract, to whom Marina has not issued a work permit („Permit„). The mutual rights and obligations of KNC and subcontractors will be regulated by the Contract and/or Permit.

MOVEMENT OF PEOPLE AND VEHICLES

Article 14

KNC area is not a pedestrian zone. The movement of persons around the KNC area is at your own risk. Parents are responsible for their children. Minor children must be supervised by their parents.

The Client or the owner of the vessel guarantees and bears liability for all persons who stay or will come to the vessel while it is in KNC.

Movement on the surface of the vessel, while it is on land, is at your own risk.

The provisions of this Article do not apply to KNC employees.

Article 15

It is prohibited to keep and park vehicles in the KNC area.

The maximum permitted vehicle speed is 10 km/h. Driving the vehicle in the KNC area is at your own risk.

Entry for loading and unloading or delivery vehicles is allowed. By allowing the entry of vehicles for loading or unloading and delivery, KNC does not assume liability for any damage to the vehicles.

INFORMATION

Article 16

All technical or other information contained in advertisements, sales brochures, and technical brochures is provided for informational purposes only and does not form part of the contract unless expressly agreed otherwise in writing.

Article 17

By signing order or acceptance of the offer the Subcontractor and Client gives consent to KNC to process his personal data for improving services and for marketing purposes. The Client and Subcontractor can withdraw the consent at any time by sending a notification to the e-mail address: info@kremik-nautic-center.hr and can request the correction of recorded data via the same address.

FINAL PROVISIONS

Article 18

All of KNC’s Clients and Subcontractors are obliged to comply with the „Regulation on Order in the Port” of the Marina and these General Terms and Conditions.

Article 19

KNC reserves the right to change the provisions of the General Terms and Conditions, and the Clients and Subcontractors will be notified of the amendments in a timely manner.

Article 20

Any notice given under these General Terms and Conditions will be deemed to be validly given if personally delivered, sent by e-mail or by registered post to the registered address or another address as provided by the recipient. In case of two unsuccessful delivery attempts, the notice is deemed to be duly delivered after the 5th day following the second delivery attempt. 

Article 21

These General Terms and Conditions and the agreement are governed by Croatian law. All disputes arising from and/or in connection with these General Terms and Conditions and/or any grounds between KNC and the Client shall be submitted to the jurisdiction of the Commercial Court in Zagreb, Republic of Croatia.

Article 22

The General Terms and Conditions are drawn up in Croatian and English language. In the event of any conflict or discrepancy in the wording of the General Terms and Conditions in the Croatian language and translation into other languages, the wording of the General Terms and Conditions in the Croatian language shall prevail. KNC is not responsible for any discrepancies in the wording of the General Terms and Conditions in the Croatian language and translations into other languages, as well as for any typographical errors.

Article 23

These General Terms and Conditions shall be effective as of 1 December 2022.

Kremik Nautic Center d.o.o.

Kornél Bodnár, director