These General Terms and Conditions shall apply to all vessel repair, maintenance, and other related services on vessels, such as boats, ships, and yachts, provided by Siam Yacht Refresh Co., Ltd. to a vessel owner, vessel manager, vessel charterer, or their authorized representative.
1. Definitions
Company: refers to Siam Yacht Refresh Co., Ltd. and its employees, subcontractors, or agents.
Vessel: refers to any vessel, of any kind, delivered by the Client to the Company for service(s).
Client: refers to the owner, manager or charterer of the Vessel, or their duly authorized representative, who engages the Company for services on the Vessel.
Quotation/Contract: refers to a document issued by the Company to the Client, specifying the scope of work, details, price, and specific conditions of services to be provided by the Company to the Client.
Service(s): refers to vessel repair, maintenance, inspection, or any other service that the Company agrees to perform for the Client under the Quotation/Contract.
Delivery: refers to the Client’s delivery of the Vessel to the Company for the Service(s) without any commercial waste, large packaging, or bulky waste.
2. Acceptance of Terms and Conditions
The Delivery, or the Client’s agreement to a Quotation/Contract, shall constitute full acceptance and agreement to be bound by these General Terms and Conditions.
3. Scope of Services
3.1. The Company shall perform the Service(s) strictly as specified in the Quotation/Contract, which may include work on structures, engine systems, electrical or electronic systems, navigation systems, interior outfit or air conditioning systems, painting work, or any other maintenance and repair work for the Vessel.
3.2. Should it become necessary to amend, add to, or reduce the scope of work from that originally agreed upon in the Quotation/Contract, the Client must notify the Company in writing. The Company shall then issue a revised quotation/contract or a change order, and receive a written approval from the Client before any work pursuant thereto commences.
3.3. The Company reserves a right to refuse any services that fall outside its scope of expertise, or which the Company deems unsafe or illegal.
3.4. The identification of any defects in the design or construction of the Vessel, even if such defects could be the cause of the damage to be repaired as part of the Service(s), is not within the scope of the Service(s), unless otherwise expressly stated in the Quotation/Contract.
4. Pricing and Payment
4.1. All the charges related to the Service(s) must be pursuant to the rates specified in the Quotation/Contract. If no rates therefor are specified, the Company’s standard rates prevailing at the time those services are rendered shall apply.
4.5. The Company reserves a right to suspend its service until a required payment is received and/or to exercise a lien over the Vessel and/or the Client’s property on board the Vessel until a full payment, including the interest and all the associated costs, is received.
5. Service Period
5.1. The service period stated in the Quotation/Contract is an estimate only. The Company shall use reasonable efforts to complete the Service(s) within the specified timeframe.
5.2. The Company shall not be liable for delays caused by circumstances beyond its reasonable control, such as adverse weather conditions, force majeure events, delayed procurement of spare parts or specialized equipment for vessels, changes in the Client’s instructions, delays in the Client’s approvals, or hidden or non-apparent damage on the Vessel at the time of the Delivery.
5.3. In the event of a delay due to caused outlined in Clause 5.2, the Company reserves a right to extend the service period as necessary, and the Client shall be responsible for costs, maintenance costs, or personnel costs, which may impact the Client’s vessel usage plans.
6. Company’s Responsibilities
6.1. The Company shall perform the Service(s) with utmost care and diligence, adhering to professional standards, and utilizing appropriately qualified personnel.
6.2. The Company warrants the Service(s) for a period of 30 days from the date the Vessel is redelivered to the Client. This warranty covers only defects arising from the
Company’s workmanship and does not include:
6.3. Should a defect covered by a warranty hereunder occurs, the Company shall rectify the defect for free of charge. The Company’s liability shall be limited solely to such rectification and shall not extend to cover any other associated costs.
6.4. The Company shall exercise utmost care in safeguarding the Vessel and any onboard property, for which the Company has assumed responsibility under the Quotation/Contract.
7. Client’s Responsibilities
7.1. The Client warrants that the Vessel is in a safe condition and ready for maintenance, and shall inform the Company of any potential hazards, such as chemicals, flammable materials, structural issues, or particularly complex systems thereof.
7.2. The Client shall provide all necessary information, documents, and facilities to the Company accurately and without any undue delay, to enable the Company to perform the Service(s) smoothly.
7.3. The Client shall manage its personal properties on board the Vessel as follows:
7.4. The Client is advised to ensure that the Vessel is covered by these kinds of insurance
policy throughout the period while it is under the Company’s care:
7.5. In the event where the Client is obliged to collect the Vessel back after the completion of the Service(s) or the Service(s) is/are terminated, and no collection time is otherwise specified, the Client shall collect the Vessel back within 7 working days from the date the Company notifies the Client to do so. If the Client collects the Vessel later than that, the Client shall compensate the Company for extra berthing duration or maintenance at the Company’s standard rates.
8. Limitation of Liability
8.1. The Company shall not be liable for any indirect, consequential, incidental, punitive, or special damage, loss of profit, loss of business opportunities, loss of use of the Vessel, or loss of data whatsoever arising from the provision of the Service(s) or any delay in providing the same.
8.2. The Company’s maximum aggregate liability for any damage that has arisen, whether due to negligence, breach of contract, or any other cause, shall be limited to the total value of the Service(s) only, unless such damage is caused by the Company’s willful misconduct or gross negligence.
8.3. The Company shall not be liable for any damage to the Vessel, which results from the Vessel’s condition prior to the Service(s) or defects in parts supplied by the Client.
9. Force Majeure
The Company or any of its suppliers shall not be liable for any failure to perform its obligations hereunder if such failure results from a force majeure event, including but not limited to, natural disasters, war, terrorism, civil unrest, strikes, port closures, epidemics or pandemics, or government restrictions. The Company shall notify the Client of such force majeure event as soon as reasonably possible and shall use reasonable efforts to resume the Service(s) promptly.
10. Safety and Environment
10.1. The Company shall comply with all relevant safety and occupational health regulations during the provision of the Service(s), including applicable port and shipyard regulations.
10.2. The Client and their personnel on board the Vessel during the Service(s) must strictly adhere to the Company’s safety rules and regulations.
10.3. The Company shall dispose of waste generated from the Service(s) in accordance with applicable environmental laws and regulations.
10.4. Prior to the Delivery, the Client shall dispose of all the commercial waste, large packaging, bulky waste, and potentially hazardous materials on the Vessel.
Data Privacy
General Information
The following information provides a simple overview of what happens to your personal data when you visit our website. Personal data is any data that can be used to personally identify you. Detailed information on data privacy can be found in our privacy policy below.
1 Analytics Tools and Third-Party Tools
When you visit our website, your browsing behavior may be statistically analyzed. This is done primarily using cookies and so-called analytics programs. The analysis of your browsing behavior is generally anonymous; your browsing behavior cannot be traced back to you. You can object to this analysis or prevent it by not using certain tools. Detailed information on this can be found in the privacy policy below.
You can object to this analysis. We will inform you about the options for objecting in this privacy policy.
2 General Information and Mandatory Disclosures Data Protection
The operators of this website take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this privacy policy. When you use this website, various personal data are collected. Personal data is data that can be used to personally identify you. This privacy policy explains what data we collect and what we use it for. It also explains how and for what purpose this is done. Please note that data transmission over the Internet (e.g., when communicating by email) can have security vulnerabilities. Complete protection of data against access by third parties is not possible.
Notice regarding the data controller
The data controller for this website is:
Ms. Charida Jitwongwai Phone: +66 942629935
Email: info@siamyachtrefresh.com
The data controller is the natural or legal person who, alone or jointly with others, determines the purposes and means of the processing of personal data (e.g., names, email addresses, etc.).
Revocation of your consent to data processing
Many data processing operations are only possible with your express consent. You can revoke your consent at any time. An informal notification by email to us is sufficient. The legality of the data processing carried out before the revocation remains unaffected by the revocation.
Right to lodge a complaint with the competent supervisory authority
In the event of data protection violations, the data subject has the right to lodge a complaint with the competent supervisory authority. The competent supervisory authority for data protection matters is the State Data Protection Commissioner of the federal state in which our company is based.
Right to data portability
You have the right to receive the data that we process automatically based on your consent or in fulfillment of a contract, either for yourself or for a third party, in a commonly used, machine-readable format. If you request the direct transfer of the data to another controller, this will only be done if technically feasible.
SSL/TLS Encryption
This site uses SSL/TLS encryption for security reasons and to protect the transmission of confidential information, such as orders or inquiries that you send to us as the site operator. You can recognize an encrypted connection by the fact that the browser’s address bar changes from “http://” to “https://” and by the padlock icon in your browser’s address bar. When SSL/TLS encryption is activated, the data you transmit to us cannot be read by third parties.
Information, Blocking, Deletion
Under applicable legal provisions, you have the right to obtain information free of charge at any time about your stored personal data, its origin and recipients, and the purpose of data processing, as well as, where applicable, the right to rectification, blocking, or deletion of this data. For this purpose, and for any further questions regarding personal data, you can contact us at any time at the address provided in the legal notice.
3 Data Collection on Our Website
Cookies Our website uses cookies. Cookies do not harm your computer and do not contain viruses. Cookies help make our website more user-friendly, effective, and secure. Cookies are small text files that are stored on your computer and saved by your browser. Most of the cookies we use are so-called “session cookies.” They are automatically deleted after your visit. Other cookies remain stored on your device until you delete them. These cookies allow us to recognize your browser on your next visit.
You can configure your browser to notify you when cookies are set and to allow cookies only in individual cases, to accept cookies in certain cases or to generally reject them, and to automatically delete cookies when you close your browser. Disabling cookies may limit the functionality of this website.
Cookies that are necessary for carrying out electronic communication or for providing certain functions you have requested (e.g., the shopping cart function) are stored on the basis of Art. 6 para. 1 lit. f GDPR. The website operator has a legitimate interest in storing cookies to ensure the technically flawless and optimized provision of its services. Any other cookies (e.g., cookies for analyzing your browsing behavior) are addressed separately in this privacy policy.
This website uses functions of the web analytics service Google Analytics. The provider is Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Google Analytics uses so-called “cookies.” These are text files that are stored on your computer and enable an analysis of your use of the website. The information generated by the cookie about your use of this website is generally transmitted to and stored on a Google server in the USA.
The storage of Google Analytics cookies is based on Art. 6 para. 1 lit. f GDPR. The website operator has a legitimate interest in analyzing user behavior in order to optimize both its website and its advertising.
IP Anonymization
We have activated the IP anonymization function on this website. This means that your IP address will be shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area before being transmitted to the USA. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity, and to provide other services relating to website activity and internet usage to the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data.
Browser Plugin
You can prevent the storage of cookies by adjusting your browser settings; however, please note that in this case you may not be able to fully utilize all the functions of this website. Furthermore, you can prevent Google from collecting and processing data generated by the cookie and related to your use of the website (including your IP address) by downloading and installing the browser plugin available at the following link: https://tools.google.com/dlpage/gaoptout?hl=de.
Objection to data collection
You can prevent Google Analytics from collecting your data by clicking the following link. This will set an opt-out cookie that prevents the collection of your data on future visits to this website: Disable Google Analytics. For more information on how Google Analytics handles user data, please see Google’s privacy policy: https://support.google.com/analytics/answer/6004245?hl=de.
Data Processing Agreement
We have concluded a data processing agreement with Google and fully comply with the strict requirements of the German data protection authorities when using Google Analytics.
YouTube
Our website uses plugins from YouTube, a site operated by Google. The operator of the site is YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA. When you visit one of our pages equipped with a YouTube plugin, a connection to YouTube’s servers is established. This informs the YouTube server which of our pages you have visited. If you are logged into your YouTube account, you allow YouTube to directly associate your browsing behavior with your personal profile. You can prevent this by logging out of your YouTube account.
We use YouTube to present our online content in an appealing way. This constitutes a legitimate interest within the meaning of Article 6(1)(f) GDPR. Further information on how user data is handled can be found in YouTube’s privacy policy at: https://www.google.de/intl/de/policies/privacy.
Google Web Fonts
This website uses web fonts provided by Google for the consistent display of fonts. When you access a page, your browser loads the required web fonts into its browser cache to display texts and fonts correctly. For this purpose, the browser you are using must connect to Google’s servers. This allows Google to know that our website was accessed via your IP address. The use of Google Web Fonts is in the interest of a uniform and appealing presentation of our online services. This constitutes a legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR.
If your browser does not support web fonts, a standard font from your computer will be used. For more information about Google Web Fonts, please see https://developers.google.com/fonts/faq and Google’s Privacy Policy: https://www.google.com/policies/privacy/.
Google Maps
This website uses the Google Maps service via an API. The provider is Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. To use the functions of Google Maps, it is necessary to store your IP address. This information is generally transmitted to and stored on a Google server in the USA. The provider of this website has no influence on this data transfer.
We use Google Maps to present our online services in an appealing way and to make it easy to find the locations we list on our website. This constitutes a legitimate interest within the meaning of Article 6(1)(f) GDPR. You can find more information about how Google handles user data in Google’s privacy policy: https://www.google.de/intl/de/policies/privacy/
