Conditions Générales
Terms and Conditions of Service
1. GENERAL
a. Unless otherwise agreed in writing or except where they are at variance with the mandatory provisions of local law, all offers or services and all resulting contractual relationship(s) between Marystelv SRL (the "Company") and Client shall be governed by these general conditions of service (the "General Conditions").
b. The Company may perform services for persons or entities (private, public or governmental) issuing instructions (the "Client").
c. Client hereby irrevocably authorises the Company to deliver Reports of Findings to a third party where so instructed by Client or, at its discretion, where it implicitly follows from circumstances, trade custom, usage or practice.
2. PROVISION OF SERVICES
a. The Company will provide services using reasonable care and skill and in accordance with Client’s specific instructions as confirmed by the Company.
b. Reports of Findings issued by the Company will reflect the facts as recorded by it at the time of its intervention only and within the limits of the instructions received.
c. Client acknowledges that the Company, by providing the services, neither takes the place of Client or any third party, nor releases them from any of their obligations.
3. OBLIGATIONS OF CLIENT
The Client will:
- ensure that sufficient information, instructions and documents are given in due time (not later than 48 hours prior to the desired intervention);
- procure all necessary access for the Company’s representatives to the premises where the services are to be performed;
- ensure that all necessary measures are taken for safety and security of working conditions;
- inform Company in advance of any known hazards or dangers (e.g., toxic, explosive) associated with any order.
4. FEES AND PAYMENT
a. Fees not established between the Company and Client at the time the order is placed shall be at the Company’s standard rates, and all applicable taxes shall be payable by Client.
b. Client will pay not later than 30 days from the invoice date all fees due to the Company, failing which interest will become due at a rate of 1.5% per month.
c. Client shall pay all of the Company’s collection costs, including attorney’s fees.
5. SUSPENSION OR TERMINATION OF SERVICES
The Company shall be entitled to immediately and without liability either suspend or terminate provision of the services in the event of failure by the Client to comply with any of its obligations hereunder (not remedied within 10 days) or any suspension of payment, bankruptcy, or insolvency.
6. LIABILITY AND INDEMNIFICATION
a. Limitation of Liability: The Company is neither an insurer nor a guarantor and disclaims all liability in such capacity. Clients seeking a guarantee against loss or damage should obtain appropriate insurance.
The liability of the Company in respect of any claim for loss, damage or expense shall in no circumstances exceed a total aggregate sum equal to 10 times the amount of the fee paid in respect of the specific service which gives rise to such claim or US$20,000, whichever is the lesser.
The Company shall have no liability for any indirect or consequential loss including without limitation loss of profits.
7. CONFIDENTIALITY AND DATA PROTECTION
Neither party shall disclose the other’s Confidential information to any person or entity except as required by law. Each party shall process Personal Data in accordance with the Regulation (EU) 2016/679 (GDPR).
8. GOVERNING LAW AND JURISDICTION
All disputes arising out of or in connection with Contractual Relationship(s) hereunder in Romania shall be governed by the substantive laws of Romania exclusive of any rules with respect to conflicts of laws. All these disputes shall be submitted to the exclusive jurisdiction of the competent courts in Romania.
9. COMPANY IDENTIFICATION
Marystelv SRL
VAT ID (CIF): RO16261002
Trade Reg.: J40/13962/2018
Address: Strada Burniței 24, 032342 București, Romania
Phone: +40 786 335 876
Email: [email protected]