NauticX.com - Terms & Conditions

Please read the following Terms and Conditions carefully. The internet platform www.nauticx.com provides online and offline services for the marine industry - for companies and people doing business in the marine area. To use the services offered by NauticX.com the user has to be registered member (hereinafter called "Members")

Scope of Service

(1) NauticX.com offers the following services:
- Sale & Purchase of Ships, Engines and other Marine Products
- Marine Web-Directory open for Suppliers, Service Companies and Shipyards
- Other Marine Services like Ship Transport and Marine Financing Solutions

(2) NauticX.com only provides the infrastructure which enables its Members/Clients to get into contact. If not declared in a special agreement NauticX.com is not involved in the contractual relationship between its Members.

(3) The execution of the transactions shall be the exclusive responsibility of the Members involved. NauticX.com shall not warrant that the transactions entered into between Members can orderly executed. NauticX.com shall also not act in any mediating or arbitrating way in case of disputes between Members.

(4) If not declared in a special agreement the contractual relationships between Members and NauticX.com shall be governed only by the Terms and Conditions,

Sale & Purchase of Commercial Vessels, Ships, Engines and other Marine Products

(1) All parties offering products on NauticX.com have to be registered members. The seller of a product is responsible for the data posted. NauticX.com can not guarantee that the information on the website is correct.

(2) Registration on NauticX.com for the purpose to sell products or inquire for products is free.

(2) For buyers all services are free of charge.

(3) If not declared in a special agreement sellers pay a commission fee on the turnover. Turnover is the price, the sale was made to the buyer. Sellers only pay a commission, if a deal is made. The commission amount is based on an individual agreement between the seller and NauticX.com, plus the statutory VAT applicable at the time of invoicing.

(4) If two brokers are involved in the sale, then this commission is usually split between the brokers. Commissions on 'high value' vessels and barges can vary. Please ask if you have any further specific questions.

(5) If the seller does not pay on the due date, the amount owed shall be liable for default interest at a rate of 4 (four) percent above the relevant basic interest rates as per the Discount Rate Transition Act or any other interest rate based thereon. NauticX.com retains the right to claim higher default damages in the individual case.

Marine Directory for Suppliers, Services and Shipyards

(1) To get listed in the Marine Directory a company must do business in the marine area. All parties listed in the Directory must be registered members.
(2) Members that apply for a listing in the Marine Directory can chose between a Standard-Listing and a Gold-Listing. A listing is valid for 6 months or 12 months, starting with the date of activation. The activation date is the date, when the listing is accessible for the public. It is possible to upgrade from a Standard-Listing to a Gold-Listing at any time. The amount of money payed for the Standard-Listing is reduziert. If a company has a Gold-Status it is possible to change to a Standard-Listing. But there is no refund of money payed. (3) Listing Fee: If not declared in a special agreement members pay a fee to get listed in the directory. The fee amounts to

- EUR 40 for a Standard-Listing, valid for 12 months
- EUR 300 for a Gold-Listing, valid for 6 months
- EUR 500 for a Gold-Listing, valid for 12 months


Other Marine Services

(3) If not declared in a special agreement the contractual relationships between Members and NauticX.com shall be governed only by the Terms and Conditions,

Registration, Disclaimer

(1) NauticX.com is not responsible for the information posted by its Members.

(2) Each Member agrees to provide true, accurate, current and complete information and data with respect to the registration on NauticX.com and any transaction concluded on this platform and shall maintain and promptly update such information.

(3) If a representative undertakes registration on behalf of a user, NauticX.com is entitled to require evidence of proper authorization.

(4) Registration becomes valid when the customer has made an online declaration to the effect that he accepts these standard Terms and Conditions and agrees to their application.

(5) Each Member acknowledges and agrees that NauticX.com may refuse to accept an application for membership and may terminate or suspend a membership at any time without giving the reasons. NauticX.com will also remove and delete any content within the internet platform for any legitimate reason.

(6) The Member may terminate his membership at any time. The duty to pay a commission for deals made on NauticX.com remains unaffected by the termination of the user.

Guarantee

(1) NauticX.com cannot guarantee the actual existence of a person named in the declaration of intent transmitted or received by NauticX.com as a party making or accepting the offer. Accordingly, there will always be some doubt about the true originator of a declaration of intend. For this reason, the user making or accepting an offer is acting at his own risk with respect to the existence of the contractual partner.

(2) NauticX.com shall not be liable for the creditworthiness of its Members and does not give any warranty on the Members' ability to fulfill their contractual obligations. NauticX.com shall not be liable for the quality of goods and services offered by its Members and for any loss or damage incurred as a result of a transaction.

Applicable Law / Jurisdiction

(1) The contractual relationship between NauticX.com and its Members is subject to the law of the Federal Republic of Germany exclusively while ousting the application of United Nations Treaty on Contracts for the International Sale of Goods and the conflict of law provisions of private international law in Germany.

(2) The provisions of the E-Commerce-Directive of the European Union regarding information duties and the conclusion of contracts, or the German act implementing the same, do not apply.

(3) Court of jurisdiction for all legal disputes is Friedrichshafen/Germany. NauticX.com is also entitled to bring an action at the court of jurisdiction of the user.

Deviating Standard Terms and Conditions / Severability

(1) The Terms and Conditions of NauticX.com shall have exclusive application. NauticX.com does not recognize any conditions of customers which conflict with or deviate from the Terms and Conditions of NauticX.com unless NauticX.com has given its express written consent thereto.

(2) Should any provision of this agreement be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision is to be interpreted or supplemented or substituted in such way as to achieve the intended economic purpose to the greatest extend possible. The same applies if an omission requiring agreement becomes apparent in executing the agreement. The contractual parties shall make any amendments, supplements or adjustments to the agreement in the spirit of good cooperation and with due regard to their common economic interests.

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