Public offer agreement
On biofouling remove services
Republic of Croatia
Aqua Clean d.o.o. (OIB: 05662220051) (hereinafter “Service Provider”) expresses an intention to enter into Service Agreement for provision of services (hereinafter “Services”) with Clients on the terms and conditions of the present Offer.
- Terms and definitions:
With the purpose of the present Offer (hereinafter referred to also as “Agreement”) the below terms and definitions are to be understood as follows:
1.1. Offer – this present document published in internet at http://aquaclean.tech/offer/.
1.2.Information – data to be provided by the Client regarding list of Services, method and place of Services, characteristics of Services necessary for the Service Provider to render Services under this present Agreement.
1.3. Agreement – Service Agreement between the Client and the Service Provider, concluded by means of acceptance of the Offer.
1.4. Acceptance of the Offer – full and irrevocable acceptance of the Offer by means of payment for those Services of the Service Provider which constitute the subject of the Agreement. Acceptance of the Offer creates an Agreement.
1.5. Acceptance period is five days from the date of the invoice of the Service Provider to the Client.
1.6. Client is the person who accepts the Offer and consumes Services of Aqua Clean d.o.o. under the executed Agreement.
1.7. Object is the property which belongs to the Client and which requires Services by the Service Provider.
1.8. Invoice is a document issued by the Service Provider on the basis of the Information provided by the Client; such document to indicate list of Services, cost of Services, intervals of Services, place and time of Services. The Invoice to be issued by the Service Provider and to be provided to the Client by email or personally.
- Subject of the Agreement:
2.1. On the basis of the present Agreement the Service Provider undertakes to render Services on the Object of the Client (hereinafter “the Object”) located at the address indicated in the invoice.
2.2. The Client undertakes to accept Services and to pay for such in accordance with the present Agreement. The list of Services as well as the cost of Services to be indicated in the Invoice.
2.3. The Service Provider undertakes to render high-quality Services in accordance with the present Agreement on time and at intervals indicated in the Invoice.
- Rights and obligations of the parties:
3.1. Rights and obligations of the Service Provider:
3.1.1. The Service Provider undertakes to provide for high-quality Services on time and at intervals indicated in the present Agreement as well as the Invoice.
3.1.2. The Service Provider undertakes to carefully handle the property of the Client as well as the property of the third parties.
3.1.3. The Service Provider undertakes to immediately inform the Client of all the circumstances which hinder provision Services.
3.1.4. The Service Provider will notify the Client of the date of the Service by email.
3.1.5. The Service Provider will acquire all materials, equipment, tools and uniform necessary for the Services at its own cost.
3.1.6. In case the schedule of the Services changes – the Service Provider will notify the Client accordingly in not later than two working days before the Service date.
3.1.7. The Service Provider undertakes to provide the Client with Service report in form of photos or video.
3.1.8. The Service Provider guarantees strict confidentiality to the Client.
3.1.9. The Service Provider has the right to independently determine the order and the method of its Services.
3.1.10. The Service Provider undertakes to book the time-slot sufficient to provide for the high-quality Services to the Client.
3.1.11. In case when it is required to clean additional parts of the Object (those which are not included into the list of Services), the Service Provider has the right to notify the Client and, upon mutual agreement, to amend the list of Services accordingly; further to the above the amount of payment for the Services may increase accordingly.
3.2. Rights and obligations of the Client:
3.2.1. The Client has the right to demand due execution of the present Agreement from the Service Provider.
3.2.2. The Client is obliged to provide the Service Provider with correct Information about the Object.
3.2.3. The Client ensures that the Object is located in place and time in accordance with the terms and conditions indicated in the Invoice.
3.2.4. In case of necessity the Client will ensure the access of the Service Provider and its equipment to the Object at the mutually agreed time.
3.2.5. In case of necessity the Client has the right to provide the Service Provider with the list of special requirements on safety engineering, fire safety as well as staff conduct on the territory of location of the Object.
3.2.6. The Client has the right to check on the quality of the Services rendered by the Service Provider however with no interference into the activities of the latter.
3.2.7. In case of change of time, place and composition of the Services, the Client is obliged to notify the Service Provider accordingly by email in not later than 7 days before the agreed date of Services.
3.2.8. The Client is obliged to comply with safety requirements on the Object under Service and to ensure complete lack of operation of the nodes, mechanisms, internal and external units of the Object during the Service. The Client is obliged to ensure full immobility of the Object during the Service.
3.2.9. In case it appears necessary to dismantle structural parts of the Object which prevent Service, the Client undertakes to dismantle accordingly at its own expense. If such necessity appears right on the date of Service, the Service Provider has the right to charge the Client additionally for the down (idle) time of the equipment.
3.2.10. In case when third parties have to conduct works on the Object simultaneously (at the same time) with the Service Provider – the Client has to co-ordinate such with the Service Provider in written in advance in not later than 5 days before the agreed date of Services.
3.2.11. The Clients undertakes to accept the high-quality Services, provided by the Service Provider, in full.
- Mutual settlements:
4.1. The cost of Services under the present Agreement is calculated on the basis of the Information, provided by the Client, as well as on the basis of the list of services required. The total cost of the Services is indicated in the Invoice.
4.2. Schedule and manner of payment for the Services is indicated in the Invoice.
4.3. Payment for the Services to be provided in two banking days from the date of the Invoice. In case the payment is delayed or not full – the Service Provider has the right to amend the scheduled time of the Service.
4.4. Check on the quality of the Service may be performed by the Client both personally right on the spot, as well as distantly on the basis of the reports sent to the Client by the Service Provider by email. Reasonable comments on the quality and scope of Services, rendered by the Service Provider, are accepted in written by email.
4.5. In the absence of reasonable written comments from the Client, the Service is considered to be high-quality and accepted in full in two days from the date of the Service.
4.6. In case when actions of the Client on the Object (those not previously agreed with the Service Provider) lead to damage of the property of the Service Provider or third persons, or lead to harm health of the Service providing persons, the Client bears full responsibility and undertakes to compensate all the damage accordingly in ten days from the date when such damage has been claimed.
4.7. The Service Provider uses a contactless method of removing fouling from the surface of the Object by means of a directed high-pressure water jet; The Service Provider guarantees the presence of soft rubber tips on all the tools and equipment used by the Service Provider. The Service Provider assumes no liability for damage to the surface of the Object provided that there was no physical contact of the equipment with the surface of the Object.
4.8. The Parties mutually agree that the state of the Object’s surface, as well as its structural parts and elements that show signs of aging, wear, deformation, impaired integrity, as well as poor quality coating that had deteriorated until the Service Provider started to fulfil its obligations under this Agreement, is not a consequence of the direct actions of the Service Provider and is not subject to compensation by the Service Provider to the Client
4.9. The parties mutually agree that in case the Object’s surface shows the presence of the types of fouling that generate calcium deposits in course of their vital activity, the Service Provider cannot guarantee complete safety of the Object’s surface material, but will make every effort and select the necessary Service strategy in order to minimize the damage that may be caused to the surface of the Object in connection with the removal of this type of fouling.
4.10. The receipt of funds from the Client on the account of the Service Provider means full agreement of the Client with the terms of the present Agreement.
4.11. Form of payment for the Services – by bank transfer or cash. Date of payment is date of receipt of funds on the account of the Service Provider.
- Responsibilities of the parties:
5.1. The party guilty for non-due fulfilment of the present Agreement has to compensate damages to the other party accordingly.
5.2. If the Invoice stipulates post payment (fully or partially) than the penalties in the amount of 0,5% accrue on the non-paid amount (such penalties however never to exceed 20% from the unpaid amount).
5.3 Payment of penalties and damages do not exempt the party that violated the Agreement from the performance of its obligations.
5.4. In the event that the provision of the Services, agreed between the parties, is cancelled on the initiative of the Client who failed to communicate his written cancellation within 7 days prior to the agreed date of the Services, the Service Provider has the right to retain up to half of the cost of the Service due to the forced down (idle) time of the equipment and inability to provide Services to other Clients.
5.5. All disputes and disagreements between the parties to be resolved by way of negotiations.
5.6. If it is impossible to reach an agreement, the dispute is subject to resolution by the arbitration court at the location of the Service Provider in the manner established by the current legislation of the Republic of Croatia.
- Validity of the Offer:
6.1. This Offer comes into force from the date of its publication on Service Provider website http://aquaclean.tech/offer/ and stays in force till the date of its withdrawal by the Service Provider.
6.2. The Service Provider has the right to amend the Offer or to withdraw the Offer at any moment at his own discretion.
- Validity of the Agreement:
7.1. Acceptance of the Offer by the Client creates an Agreement on the terms of the Offer.
7.2. The present Agreement comes into force at the moment of its acceptance by the Client and stays in force:
7.2.1. until execution by the Service Provider of its obligations to provide Services in the amount corresponding to the amount of the payment made by the Client;
7.2.2. until cancellation of the Agreement.
7.3. The Client agrees and accepts that the amendments in the Offer entail amendments in the Agreement between the Client and the Service Provider. Amendments in the Agreement come into force simultaneously with the amendments in the Offer.
7.4. The parties have the right to cancel this Agreement upon mutual agreement.
7.5. The Client has the right to cancel this Agreement at any time by way of written notification to the Service Provider in not later than 10 calendar days from the expected cancellation date. The Client has to pay to the Service Provider the cost proportionate to the Services provided by the date of cancellation.
- Termination of the Agreement:
8.1. The Agreement may be terminated ahead of time:
8.2.1. Any time upon mutual agreement of the parties.
8.2.2. On other reasons provided by this Offer.
8.2. Termination of the Agreement for any reason does not relieve the parties from their liability for violation of the terms of the Agreement arising during the period of its validity.
- Force Majeure:
9.1. The Service Provider has the right to re-schedule the date and time of Services in the event of force majeure that the Service Provider cannot influence.
9.2. The parties are released from their responsibilities for full or partial non-performance under the present Agreement in case such non-performance resulted from natural phenomena, actions of objective external factors and other force majeure events which the parties are not able neither to control nor to prevent. When the above mentioned events continue for more than 2 months – each party has the right to terminate this Agreement unilaterally.
9.3. The party which is not able to fulfil this Agreement due to force majeure has to immediately notify the other party in written not later than in three days from the date when force majeure commenced. The notification should contain data about the character of the force majeure and its possible consequences. After force majeure stops – the party is obliged to notify the other party in written accordingly in not later than 10 days.
9.4. The parties bear responsibility for full or partial non-performance of the Agreement only when the parties can be recognized as guilty by the legislation of Republic Croatia, or by the present Agreement.
9.5. The aggregate liability of the Service Provider is limited by the amount of payment received by the Service Provider from the Client.
9.6. Regardless of the above, the Service Provider is released from liability for violation of the terms of the present Agreement when such violation resulted from force majeure events, including (but not limited by): government actions (including adoption of legal acts), fire, flood, earthquake, other natural disasters, lack of electric energy and/or failure of computer network, strikes, civil unrest, riots and any other events that may influence performance under the present Agreement.
10. Other terms and conditions:
10.1. On all matters not included into the present Agreement the parties are guided by the current legislation of the Republic of Croatia.
10.2. The parties agree that the requirement to provide additional (not stipulated by the present Agreement) Services to the Client, as well as any changes in the scope and composition of Services and all other changes/amendments will be reflected in an additional Invoice from the Service Provider to the Client.
10.3. In case disputes between the Client and the Service Provider are not settled by way of negotiations, such disputes are due to be resolved in the order stipulated by the acting legislation of the Republic Croatia at the place of location of the Service Provider.
10.4. Regardless of the terms & conditions of this Offer, the parties have the right to draw up a written Service Agreement and mutually sign it.
10.5. In all other matters which are not included into the present Agreement, parties have to be guided by the acting legislation of the Republic Croatia.