General conditions: Services

  1. The general conditions of the service contract (hereinafter referred to as “conditions”) are to be considered as binding for the client. In case of conflict between the single clauses those singularly undersigned for acceptance by the client shall prevail.
  2. With the acceptance of the present general conditions the client consents to receive technical and mechanical interventions by qualified labour from Jobson Italia srl for every type of repair and/or maintenance work on the clients equipment and/or apparatus foreseen by the individual job order.
  3. Orders: The purchase order and/or the job order are intended as accepted with the undersigning by the client and transmission to Jobson Italia srl.
    The order and/or the job order cannot be cancelled without the approval of Jobson Italia srl once received.
  4. Sub-contractors: In the event that the use of specialised personnel who are not Jobson Italia srl personnel becomes necessary due to the nature of the work entrusted to Jobson Italia srl, the client shall consent and authorise Jobson Italia srl to contract out the work to companies and/or societies chosen by Jobson Italia srl.
  5. Inspection: The work carried out by Jobson Italia srl shall be verified by the client and subjected to inspection in the presence of Jobson Italia srl. Once the necessary inspections have been carried out the delivery note which shall be the work acceptance document shall be undersigned. In case of flaws or work defects the client shall immediately communicate this to Jobson Italia srl together with a detailed description of the problems and the flaws themselves.
  6. Transfer of the risk: The client consents to accept the risk of loss or damage to the equipment to be repaired whenever this is transported for repairs in Jobson Italia srl and/or other workshops. The client as of this moment grants Jobson Italia srl the consent to exchange pieces or add necessary parts or parts that Jobson considers necessary for the execution of the assignment. With the undersigning of the delivery note, foreseen in point 3, Jobson Italia srl shall be retained liable for the execution of the work for the single flaws or defects connected to fraud and gross negligence.
  7. Contract modality: The service contract is offered to the client in two separate manners:
  1. in the “turnkey” modality: prior evaluation of the entire works, fixation of the comprehensive price of labour, travel and lodging expenses, material/spare parts necessary.
  2. in the “time and material basis” modality: total of the labour costs for every day worked (8 hours of work daily) plus a percentage for the overtime and/or night time and/or holidays for every hour worked, in accordance Italian regulations aside from travel expenses, material/spare parts costs and per diem each day for the technicians employed. In both of the contract modalities costs are agreed upon with the client.
    Once undersigned the job order containing the details of the activities carried out binds the client regardless if undersigned by their staff or by their representative.
  • Extra work: Each assistance and job carried out by Jobson for the client, which falls outside of that agreed upon in the job order or purchase of material shall be considered as an extra job and quoted separately (or evaluated as an extension of the time in the time and material modality).
  • Prices and payment methods: The prices indicated by Jobson Italia srl include the taxes and customs whenever the services are offered on or for ships, for services performed for clients who are part of the European Union the prices are not comprehensive of taxes, customs or similar. Except where agreed upon differently, the payments are made by direct remittance.The payments shall correspond to the amount in the invoice and payments lower than that requested shall not be admitted. Any expenses incurred for the recovery of the credits shall be at the expense of the client . Jobson Italia srl shall have the right to retention and security right on the equipment of the client until that time in which the integral payment of the service offered has been honoured.
  • Interests: If payment occurs outside of the terms referred to in the previous articles the client shall pay Jobson Italia srl the relative legal interest as well.
  • Guarantee: The guarantee offered to the client by Jobson Italia srl shall have a duration of 6 months from the date of undersigning of the delivery notes that attest to the end of the work and the context of their acceptance by the client. The client shall give notice of any defects for which the intervention of the guarantee is requested within 7 days to Jobson Italia srl so that Jobson Italia srl may verify the type of defect and intervene either directly or by means of their own trusted company. The guarantee is offered exclusively on the work carried out by Jobson Italia srl and shall not extend to defects or flaws deriving directly from pieces acquired from third parties or directly from the client for which the guarantee relative to the sale of the goods is valid.
  • Duration: The bi-annual duration of the guarantee may, in agreement between the parties, be extended on the basis of the modalities and the type of work which is the object of the contract.
  • Exclusions: The guarantee expressly excludes flaws deriving from omitted or incorrect maintenance of the systems.
    The guarantee does not cover:

    1. negligence or other improper actions performed by the client , their employees or by third parties placed in charge.
    2. materials or components or projects supplied by the client or of their own production as well as accessories used in the execution of the work that have not been expressly supplied, or their use agreed upon, with Jobson Italia srl.
    3. Installations executed incorrectly by the client or their auxiliaries.
    4. Alterations or interventions by unauthorised third parties to work carried out by Jobson Italia srl.
    5. Parts, accessories used in the development of the work that have not been sold, supplied or expressly agreed upon with Jobson Italia srl.

    In particular the guarantee does not cover flaws or defects deriving from or connected to the normal wear or use of the material, neither does it cover the incorrect use or distorted use of pieces in the job order nor the omission or incorrect maintenance by the client or its auxiliaries.

    The guarantee shall not be applicable in the event in which unsuitable or easy perishable material is used.

  • Spare parts or the parts acquired from third parties shall be subject to the guarantee supplied by the constructor and/or retailer.
  • Limitation of liability: – Jobson Italia srl can not under any circumstances be retained liable for damages to the assets including damages to products or parts repaired or maintained by the client. Under no circumstances shall Jobson Italia srl be held liable for indirect damages such as the loss of gain and/or profit of the client for the non-usability of the equipment object of repairs and/or maintenance, or every other indirect consequence, contingent and/or accidental foreign or connected to the work carried out by Jobson Italia srl with exception made in the case of fraud. Under no circumstances shall Jobson Italia srl be considered liable for damages unforeseen by Jobson Italia srl at the moment of the contract conclusion. Jobson Italia srl shall not be held liable for damages deriving from work carried out by the client or third parties even if executed with the attendance of Jobson Italia srl.Jobson Italia srl shall be responsible for damages deriving directly from work carried out by their own employees or work carried out by third parties subject to the supervision of Jobson personnel. In any case Jobson Italia srl shall not be held liable for damages claimed after six months from the completion of the job (delivery notes undersigning). Under all circumstances the liability of Jobson shall not exceed 1/3 of the price agreed upon in the contract.
    15bis.

    Insurance cover

    1. Jobson Italia srl has stipulated an Industrial and building company civil liability policy n. 48848427 with Aurora insurance covering risks relative to the activities explained and not exclusively reported in the following: repairs and reconstruction of marine motors, boilers, radiators, heat exchangers and all else present on ships, electro-repairs, joinery, carpentry etc. as well as for the supply of original and/or regenerated spare parts including accessory services.The policy guarantees are up to a maximum for accidents equal to 5 million for damages to third parties and up to 5 million for accidents to workers (per person up to 1 million and 500,000);
    2. The guarantee also covers damages arising subsequent to work completion exclusively for those which are a consequence of defective execution of the work itself with up to a maximum of Euro 1 million annually.
    3. Jobson Italia srl could, therefore, be liable to compensation claims only within the limits of the insurance cover. It cannot be held liable for sums which are different and/or exceed those covered by the policy.
  • Time extension: If there should occur delays in the execution of the contract caused by omissions or causes imputable to the Client, Jobson Italia srl shall be guaranteed a time extension for the completion of the work which is the object of this contract with regards to the circumstances of the case.
  • Spare parts sales: The sale of spare parts or parts shall be in accordance with the general sales conditions
  • Cancellation of the contract: In case of default by one of the parties in the obligations assumed and should this default not be rectified within 10 days from the receipt of a registered letter from the opposing party which details the default and requests remedial measures thereof, the notifying party may cancel the contract undersigned with immediate effect providing further written notice to the defaulting party. Should one of the parties be subject to insolvency proceedings or liquidation, the other party may cancel the undersigned contract with immediate effect.
  • Force majeure and unforeseeable circumstances: Delays or defaults which are due to unforeseeable circumstances or force majeure shall not be imputable to the parties. Force majeure is intended as fire, requisition, embargo, uprisings, lack of means of transport, energy use restrictions, trade union strikes and generally any circumstance which cannot be controlled by the parties. If the force majeure case should continue for a period of time in excess of three months, both parties have the right to cancel the undersigned contract providing written notice and without incurring further liabilities.
  • Privacy: Personal data provided by the client shall be handled in accordance with that foreseen by the privacy laws. The aforementioned data shall be handled with the suitable procedure that shall guarantee their safety and confidentiality. The handling shall take place for trade purposes and with regards to the execution of the contracts stipulated. The personal data may be transmitted to third parties in Italy or abroad for the attainment of the objectives indicated above. Those concerned have a right to a) a confirmation of the existence of any personal data handled which regards them b) obtain cancellation, transformation, updating, rectification and/or integration of these data c) oppose the handling of personal data for trade use and for advertising material.
  • Applicable law and competent tribunal: All of the contracts concluded on the basis of the present general conditions are regulated by Italian law. Any disputes between the parties regarding the validity, interpretation and execution of the present general conditions and the contracts stipulated on the basis of such, or thereto attaining, shall be exclusively subject to the La Spezia tribunal.In accordance with art. 1341 and 1342 c.c. declare to have read the general conditions displayed on the Jobson Italia srl site and furthermore declare approval in writing of the single clauses: 4 (Subcontracting); 6 (Transfer of risk); 11 (Warranty); 12 (Duration) 13(Exclusions) 15 (Limits of liability);15bis (insurance cover); 18 (Contract cancellation), 21(Applicable law and competent tribunal).