Purchase Order Terms and Conditions
1) Quality:
The ship’s staff will try to check all items at the time of delivery (if they have time). If certain items are not found to their satisfaction, these items must be replaced before the ship leaves from the port. In the event the crew is unable to check supplies before ship’s sailing, Global Catering will ask the ship staff to sign the invoice as “Subject to Check Later”.
In doing so, the staff receives an additional 7 days to check the quality and quantities of the items supplied. We shall process your invoices based on the feedback from the ship. Any item found to be poor quality or not to the satisfaction of the ship will not be paid for.
A signed and stamped invoice does not necessarily mean that the ship accepts all of the items as good quality/condition. The ship’s feedback, however, after a thorough checking of each and every item will finalize this decision. Global Catering will follow the final feedback from the ship, meaning the responsibility of making quality supplies rests solely with your office. You must ensure that the quality and quantity of items delivered on-board is maintained and as expected.
Any form of negative feedback in regard to a particular item will be considered poor supply. We do not compromise on the quality of provision supplied. All items must be branded (as applicable). Quality of fresh fruits and vegetables must be good to at least last 3-4 weeks on board. We expect 100% compliance from your office as our approved supplier.
2) Expiry Date:
a) All items to be supplied must show the following —
-Country of origin
-Manufacturing or Production Date or Packed on date or Best Before Date or Expiry dates (best before).
b) Dry, Juices, Dairy (except Yogurt), Canned or Packed and all general products: – Must have its expiry date valid for minimum 4-6 months from the date of your supply.
c) Frozen Meat, Poultry, Seafood & Processed Meat – Must have its validity for min 6-8 months from the date of supply. If a Meat or Fish box is broken for our supply in small quantity, we prefer that you supply the original box to us with its original labels, however if the same cannot be done due some reason, you must ensure that the loose box is well sealed with a photocopy of the original label from its original box.
d) Ship has the right to reject any items they find not to their satisfaction within the 7 days time frame given to them above for full checking. If certain meat / fish is found to be spoiled after thawing them, it will be considered as spoiled & not paid for in full.
e) Short expiry dates and already expired items will not be paid for, as indicated above. Repeat instances of poor-quality provisions will result in a black listing of your services.
3) Over Supply or Under Supply:
Please supply as per the Purchase Order (PO). For any extra supply or increase in quantity because of some packaging or minimum order restrictions, inform us immediately so that we can try to accommodate this within our budget. We shall not pay for any quantity over what we have ordered; small variance of 4 to 5 units may be accepted.
4) Packaging of Bottled, Canned, Tetra Packs & Other Packet Products:
a) Purchase Order is based on the packaging as per our Quote Enquiry Terms and your submitted quotation (RFQ).
b) Packaging of all items must be as per the PO issued. We will not accept any short supply, rates for such items will be adjusted on pro-rata basis while passing the payment. In case of certain packaging not available during delivery time, alternate items supplied must match the quoted packaging and price value.
c) All items must be sealed and properly labelled with recent manufacturing and expiry dates. No items should be supplied in lose plastic packing or transparent plastic bottles. Handwritten name, weight, manufacturing or expiry dates are unacceptable.
5) Environmental Commitment / Health and Quarantine Mandatory Requirement:
a) Minimum usage of plastic or synthetic material in packing of any supply.
b) Suppliers must take back all packing material for reuse (or as applicable).
c) Use biodegradable packing material (wood or cardboard).
d) No asbestos or such non degradable products are used for our supplies.
e) All meat products and dairy products should be free of Foot & Mouth infections (FMD). All such products should not be imported from the countries affected by this disease.
f) The Poultry products (chicken, duck, turkey etc.) should be free of Birds Flu / Avian Influenza (H5N1) infection. You should be able to produce a certification of such products, whenever required.
g) All products supplied on board must be free of any pests/insects. If an infestation is noticed the product will be returned immediately/disposed off from the ship if it is identified later, the same will not be paid for & any damages/fine to the vessel will be on your account.
100% Compliance with the above is expected from your end, as our approved and trust supplier.
6) Invoicing / Pro-forma Invoice & Payment Terms:
a) Each invoice must reflect the packaging of each and every item being supplied on board the vessel and must be as per your quotation submitted to us.
b) A pro-forma invoice must be raised and delivered to Global Catering via email, pls send us the Performa invoice atleast 48 hrs ahead of the supply, so that we can forward this invoice to the ship for verification upon delivery. At this point, the ship’s crew will check each and every item for quality, quantity, and packaging as per your pro-forma invoice.
c) The Invoice & Delivery Note should be kept as one document on gross basis, same to be presented to vessel upon delivery of provision. Upon completion of the supply, Invoice must be duly signed
by (i) The Chief Cook (ii) the Captain and (iii) stamped by the vessel. The signed and stamped invoice should be scanned and emailed to our operations team. There is no need for a separate credit note, we will adjust the discount from the invoice if applicable/agreed.
d) Payment Terms: Subject to the conditions below, the Invoice will be cleared by Global Catering upon receipt of the scanned copy duly signed by (i) the Chief Cook, (ii) the Captain and (iii) stamped by the vessel at our office net of bank charges within the credit terms agreed as stated on the PO letter .
f) Global Catering shall be under no obligation to pay, credit and/or otherwise settle the supplier’s final invoice unless Global Catering have received payment (credited into their account without deduction) in respect of their services, in full, from its respective contractor, principal and/or ship owner/operator/ manager for the same period. In the circumstances, where the supplier wishes to pursue any claims, demands or disputes related to non-payment, late payment or partial payment of its invoice the supplier should direct the same to the respective vessel/ vessel owners and/or the principal.
g) Under no circumstances shall Global Catering be held liable to a supplier until they have received payment, in full, from their contractor, principal and/or ship owner/operator/ manager. Global Catering values its credibility in the market hence will take all efforts to ensure that payment is not delayed due any reason as far as possible and will use reasonable endeavours to work with the suppliers to recover the payment from vessel’s owners/managers (as applicable).
7) General:
a) Launch/Tug Hire (if applicable): If any launch is going to the vessel, the same can be used for provision supply with consent from the Master. No launch hire or any kind of additional expenses like customer charges or over time will be borne by us unless there is a prior written approval.
b) Supplies must be affected as soon as the vessel arrives in the Port/Anchorage. Supplies should not be affected at the end of ship’s port stay.
c) Your office must keep the ship informed on your delivery planning (date/time) so that ship can keep the crew ready to receive/check accordingly.
8) Variation
8.1 Except as set out in these terns and conditions, no variation of the terms, including the introduction of any additional terms and conditions, shall be effective unless it is in writing and signed by Global Catering.
9) Delivery and Time for Performance
a) Time for delivery of the provisions/ victualling shall be of the essence. If the whole or any part of the provisions/ victualling are not delivered on the due date then, without prejudice to any other rights which it may have, the Company reserves the right to cancel the agreement with the supplier in whole or in part.
10) Governing Law and Jurisdiction
10.1 These terms and conditions and any act or contract to which they apply shall be governed and construed by English law.
10.2 Any dispute arising out of any act or contract to which these terms and conditions apply shall,be referred to arbitration in London in accordance with the Arbitration Act 1996 or any statutory modification or re-enactment thereof save to the extent necessary to give effect to the provisions of this Clause. The seat of the arbitration shall be England, even where the hearing takes place outside England. The arbitration shall be conducted in accordance with the London Maritime Arbitrators Association (LMAA) Terms current at the time when the arbitration proceedings are commenced.
11) Force Majeure and Limitation
11.1 Global Catering shall not be liable under this Agreement for any liability for any failure to perform any of their obligations hereunder by reason of any cause whatsoever of any nature or kind beyond reasonable control of Global Chartering (as the case may be).
11.2 Global Catering shall not be liable for any consequential or indirect loss arising out of or in connection with this agreement. In the event of any such breach of these terms and conditions by Global Catering, the suppliers remedy shall be limited to damages. Under no circumstances shall the liability of Global Catering exceed the value of the provisions supplied for the relevant period of time.
12) Entire Agreement
12.1 These term and conditions, together with the PO Terms and Conditions Email and the RFQ constitute the entire agreement between the Global Catering and the supplier and supersedes any previous arrangement, understanding or agreement between them relating to the subject matter of the agreement. These terms and conditions shall apply to all contracts, orders and deliveries between the parties.
12.2 For the avoidance of any doubt, the parties expressly agree that the International Ship Suppliers & Services Association (the “ISSA Conditions”) do not apply to this agreement.
12.3 Each Party acknowledges that, in entering into the Agreement it does not rely on any statement, representation, assurance or warranty of any person (whether a Party to the Agreement or not) other than as expressly set out in these terms and conditions.
Important: Acceptance of our Purchase Order confirms your acceptance of our above terms & conditions which hereby supersede all terms and conditions offered by you in your quotation or through any other means. Global Catering will only follow the above conditions while processing your payment or evaluating your supply effected to this vessel. If you have objections to any of the terms and conditions above, please inform us immediately. No compromises will be accepted after the supply is affected.