In compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR), and Organic Law 3/2018 of December 5, on the Protection of Personal Data and guarantee of digital rights, we inform you that the personal data provided through this form will be processed by MARINOIL SERVICE, S.A. for the purpose of managing your request, maintaining the commercial relationship, and, unless you indicate otherwise, keeping you informed about news and updates related to our services.
The data will be processed in accordance with our Privacy Policy. Under no circumstances will they be shared with third parties, and you may exercise your rights of access, rectification, erasure, objection, restriction, and data portability by contacting us at admon@marinoil.com or through the unsubscribe mechanisms available in our communications.
MARINOIL SERVICE, S.A.
1. Purpose and Scope
These General Terms and Conditions of Sale (hereinafter, the “GTCS”) govern all sales and supplies made by MARINOIL SERVICE, S.A. (hereinafter, “MARINOIL”).
The acceptance of any offer, order, or supply implies the full acceptance of these GTCS by the buyer, with any general conditions of the buyer being excluded, unless expressly and in writing accepted by MARINOIL.
2. Incorporation and Precedence
The GTCS form an integral part of every sales contract entered into by MARINOIL.
In the event of any discrepancy between the GTCS and the specific terms of sale, the latter shall prevail exclusively insofar as they expressly modify the GTCS.
3. Products, Certifications, and Conformity
MARINOIL guarantees that the products comply with the current technical specifications, the applicable international standards (including ISO 8217 or equivalent), and IMO regulations.
The buyer assumes all risks related to the use and final destination of the product and must comply at all times with the applicable regulations on safety, environmental protection, and maritime transport.
At the buyer’s request, MARINOIL may provide quality certificates issued by recognized independent laboratories or entities.
4. Delivery, Risk, and Ownership
Unless expressly agreed otherwise, delivery shall be deemed to have taken place at the moment the product passes the connection flange of the vessel or receiving facility designated by the buyer.
From that moment, the risk of loss, deterioration, damage, or liability shall pass entirely to the buyer, without prejudice to the retention of title until full payment of the price.
The buyer shall be responsible for all costs, port charges, pilotage services, mooring, anchorage, or demurrage attributable to their vessel or receiving facility.
5. Nominations, Modifications, and Cancellations
The buyer shall notify MARINOIL of the vessel nomination, port, quantity, quality, and delivery date at least five (5) calendar days in advance.
Modifications or cancellations must be notified at least forty-eight (48) hours in advance of the scheduled delivery date.
Failure to comply with these time limits shall entitle MARINOIL to charge the buyer for any costs incurred (including logistics, transportation, delays, and port services).
6. Quality, Quantity, and Claims
Representative samples taken during delivery in accordance with industry practice shall be the sole valid evidence for determining the quality of the product.
The buyer shall submit any claims in writing, duly documented, within a maximum period of fifteen (15) days from the date of delivery.
After this period, no claims shall be accepted.
Under no circumstances shall MARINOIL be liable for consequential losses, loss of profit, loss of use of the vessel, or any other indirect damages.
7. Price and Payment Terms
The price shall be as agreed in the specific terms, net of any applicable taxes, duties, and charges, which shall always be borne by the buyer.
Payment shall be made within the agreed period or, failing that, within a maximum of thirty (30) days from the date of delivery.
Non-payment entitles MARINOIL to suspend supplies, claim the total amount due, and apply default interest at the legal rate plus two (2) percentage points, without prejudice to any other legal actions.
8. Retention of Title
MARINOIL shall retain full ownership of the products until full payment of the price, interest, and expenses has been made.
In the event of non-payment, MARINOIL may recover the products without the need for judicial authorization, with all related expenses to be borne by the buyer.
Insurance and Liability
The buyer shall maintain adequate insurance covering transport, handling, use, and any potential environmental damage related to the product.
MARINOIL shall only be liable for direct damages caused by willful misconduct or gross negligence, with all other liability being excluded.
10. Environment and Regulatory Compliance
The buyer and its vessel shall comply with all national and international regulations on marine pollution prevention, emissions, and the handling of hydrocarbons.
The buyer shall indemnify and hold MARINOIL harmless from any penalty, claim, or cost arising from spills, pollution, or regulatory breaches attributable to the buyer or its vessel.
11. Force Majeure
Neither party shall be held liable for any failure to perform due to force majeure, including natural events, port closures, strikes, acts of war, terrorism, international sanctions, or acts of public authority.
The affected party shall immediately notify the other party of the occurrence of the event constituting force majeure.
12. Assignment and Subcontracting
The buyer may not assign the contract or any of its rights or obligations without MARINOIL’s prior written consent.
MARINOIL may subcontract the performance of the services, in whole or in part, while remaining liable to the buyer.
13. Confidentiality
Both parties undertake to maintain the confidentiality of all commercial, technical, or contractual information obtained in the context of the contract, even after its termination.
14. Language
In the case of international contracts, the General Terms and Conditions of Sale may be issued in other languages.
In the event of any discrepancy between versions, the Spanish version shall always prevail.
15. Severability and Entire Agreement
If any provision of the General Terms and Conditions of Sale is declared null or unenforceable, this shall not affect the validity of the remaining provisions.
The General Terms and Conditions of Sale, together with the specific terms, constitute the entire agreement between the parties, superseding any prior verbal or written agreements.
16. Limitation Period
Any contractual action against MARINOIL must be brought within a maximum period of one (1) year from the date of delivery, after which it shall be time-barred.
17. Amendment of the General Terms and Conditions of Sale
MARINOIL may amend the General Terms and Conditions of Sale by publishing an updated version on its website.
Such amendments shall apply only to contracts entered into after their effective date and shall not affect existing contracts already in force.
18. Applicable Law and Jurisdiction
These General Terms and Conditions of Sale and the supply contracts shall be governed by Spanish law.
The application of the 1980 Vienna Convention on the International Sale of Goods (CISG) is expressly excluded.
For any dispute arising from the contract, the parties expressly submit to the Courts and Tribunals of Bizkaia (Spain), waiving any other jurisdiction.