Terms & Conditions

  1. General
    These Terms and Conditions of Trading govern the provision of boom supply and deployment services (“Service”) provided by Oceancare , hereinafter referred to as “Company”, to the client (“client”). By engaging the Company’s services, the client agrees to comply with the terms outlined in this Agreement. Therefore, all businesses contracted with Ocean Care Limited are regulated by these terms and trading conditions. If the Company and the Client agree to additional and/or different terms and conditions, then this must be done in writing by way of special clauses and in the case of any conflict arising between such special clauses and these terms and conditions, the special clauses shall prevail.
  2. Service Scope
    1. The Company provides boom deployment services comprising of the supply, deployment, and retrieval of oil containment
    2. The Company agrees to deploy booms in accordance with industry standards and regulations
    3. Any additional services requested by the client, such as emergency response or specialised equipment, shall be agreed upon in a separate contract or as an addendum to this Agreement.
  3. Responsibilities of the Client
    1. The Client shall provide all necessary information in a timely, manner regarding the service required, including but not limited to weather conditions, and potential hazards.
    2. The Client is solely responsible for the obtainment of the necessary permits or approvals required for the deployment of booms.
    3. The client shall ensure the deployment area is accessible and all third-party permits and/or land access rights have been granted.
    4. The Client remains fully and solely responsible for any pollution, spills or damages caused by the vessel or its operations, irrespective of the service provided by the company.
  4. Pricing and Payment Terms
    1. The pricing for services rendered will be agreed upon prior to the commencement of
    2. Payment is due within 30 days of presentation of invoice unless otherwise agreed upon in
    3. In the event of late payments, the Company reserves the right to charge interest at a rate of 8% per month on outstanding
    4. Any additional costs incurred during the execution of services, such as extra equipment, personnel, or expedited services, will be quoted for separately in writing and then added to the final invoice.
  5. Liability and Indemnity
    1. The Company will not be liable for any damages arising from delays, accidents, or unforeseen environmental and weather conditions and failure of equipment, even if such damages result from negligence.
    2. The client shall indemnify and hold harmless the Company from any claims, damages, liabilities, or expenses arising directly or indirectly from the Client’s failure to provide accurate information and/or failure to obtain necessary permits or breach of this
  6. Equipment Ownership and Maintenance
    1. All booms and related equipment supplied by the Company remain the property of the Company unless otherwise specified in
    2. The client is responsible for any damage or loss to the equipment caused by negligence or unauthorized use during the deployment
    3. The client (vessel) shall monitor the condition of the boom during operations and shall ensure that it remains in place and is effective. If deficiencies are noted, the vessel shall contact the Company immediately, who in turn shall take prompt action to rectify the situation.
  7. Termination
    1. Either party may terminate this Agreement by providing [30] days’ written notice to the other
    2. The Company reserves the right to terminate this Agreement immediately if the client breaches any of the terms or fails to make payment within the agreed time frame.
    3. In the event of termination, the client shall pay for all services rendered up to the termination date which payment shall become immediately due.
  8. Force Majeure
    The Company shall not be held liable for any delays or failure to perform its obligations under this Agreement due to events beyond its control, including but not limited to natural disasters, extreme weather conditions, war, or governmental or industrial actions.
  9. Governing Law and Dispute Resolution
    1. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Malta.
    2. Any disputes arising under this Agreement will be settled through arbitration in Malta in terms of the Arbitration Act, Laws of Malta
  10. Confidentiality
    Both parties agree to keep confidential any proprietary information disclosed during the provision of services, except where disclosure is required by law or agreed upon in writing by both parties.
  11. Entire Agreement
    This Agreement constitutes the entire understanding between the parties with respect to the subject matter herein and supersedes all prior agreements, negotiations, and discussions between the parties relating to the Service.
  12. Limited Liability
    Without prejudice to the clauses in these terms and conditions, the liability of the company shall be limited to an amount equal to the applicable tariff for the total invoice value of the service provided as per the agreed tariff and, in any case, shall not exceed the amount of ten thousand EURO (EURO10,000).
  13. Severability and Enforcement
    If by reason of any enactment or judgment, any provision of these terms and conditions shall be deemed or held to be illegal, void or unenforceable in whole or in part, all other provisions of the Contract shall be unaffected thereby and shall remain in full force and effect.
    Moreover, if the Company decides not to enforce any of its rights under these Terms and Conditions, this shall not be interpreted to imply that such rights have been waived during the validity period of these Terms and Conditions or any future terms and conditions.