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Terms and Conditions

Last updated: 11/06/2025

Article 1 – Scope & Contracting Party

  1. These Terms & Conditions (“T&Cs”) apply to every offer, quotation, sale, and service provided by Seawave Marine (“Supplier”) to any customer (“Customer”), unless expressly agreed otherwise in writing.
  2. These T&Cs also apply to agreements performed with the assistance of third parties (e.g., authorized stock-holder warehouses, forwarders, service partners).
  3. Any purchasing terms of the Customer are rejected unless Seawave Marine expressly accepts them in writing.
  4. If any provision is or becomes invalid, the remaining provisions remain in force. The parties will replace the invalid provision with a valid one reflecting the original intent as closely as possible.
  5. Situations not covered by these T&Cs will be assessed in the spirit of these T&Cs. A failure to insist on strict performance does not waive any rights.

Article 2 – Offers & Quotations

  1. Unless a validity period is stated, all offers are non-binding and subject to prior sale. An offer lapses if the referenced item becomes unavailable.
  2. Obvious errors (e.g., typographical or pricing mistakes) do not bind Seawave Marine.
  3. Prices in quotations are net prices unless otherwise stated; applicable VAT, duties, and logistics charges are added or shown per Incoterm.
  4. Acceptance that deviates from the quotation constitutes a counter-offer; a contract arises only upon written confirmation by Seawave Marine.
  5. Composite quotations do not oblige Seawave Marine to partial delivery at a pro-rated price. Quotations do not automatically apply to future orders.

Article 3 – Contract Term, Lead Times, Changes & Price Adjustments

  1. Contracts are concluded for the scope described in the order confirmation; ongoing arrangements are for an indefinite term unless stated otherwise.
  2. Delivery/dispatch dates are target dates (no fixed deadlines) unless expressly agreed as fixed in writing. If a target date is exceeded, Customer must grant a reasonable cure period.
  3. Seawave Marine may execute in phases and invoice each phase separately, and may suspend later phases until prior invoices are paid and earlier results approved.
  4. Customer must supply accurate information necessary for performance; lead times begin only after full information is received.
  5. If, during performance, changes are required (e.g., specification, quantity, destination), the parties will adjust scope, timelines, and price accordingly.
  6. Seawave Marine may adjust prices if (i) the Customer requests changes, (ii) legal changes occur (taxes, compliance), or (iii) supplier/freight cost changes materially affect the original basis.
  7. For consumers, if a non-agreed price increase exceeds 10% within three months of contract, the consumer may withdraw unless delivery is scheduled beyond three months or Supplier agrees to the original price.

Article 4 – Suspension, Termination & Early Ending

  1. Seawave Marine may suspend or terminate with immediate effect if:
    • Customer fails to perform (including late payment);
    • After conclusion, concerns arise about Customer’s ability to perform and requested security is not provided;
    • Insolvency, composition, seizure, or comparable events occur;
    • Performance becomes impracticable or unreasonable due to circumstances not attributable to Seawave Marine.
  2. If termination is attributable to Customer, Customer owes all damages and costs (including preparation, administration, and logistics).
  3. Upon termination, all amounts owed become immediately due.
  4. If Seawave Marine ends the agreement early for reasons not attributable to the Customer, Seawave Marine will cooperate in a reasonable transition; related costs are borne by the party responsible for the ending.

Article 5 – Force Majeure

  1. Seawave Marine is not liable for non-performance caused by events beyond its reasonable control (e.g., export restrictions, strikes, port closures, carrier failures, severe weather, supplier default, epidemics/pandemics, government action).
  2. During force majeure, obligations are suspended. If it lasts more than two months, either party may terminate the agreement without liability.
  3. If partial performance has independent value, Seawave Marine may invoice that part.

Article 6 – Prices, Payment & Collection

  1. Unless otherwise agreed, payment is due within 7 calendar days of invoice date and prior to dispatch.
  2. Accepted payment method: international bank wire transfer to Seawave Marine’s designated account (details on the Proforma/Invoice).
  3. Late payments accrue interest at the statutory rate (B2B: 1% per month unless statutory commercial interest is higher). Collection and legal costs are recoverable from Customer.
  4. Seawave Marine allocates payments first to costs, then interest, then principal.
  5. Objections to invoices do not suspend payment obligations.
  6. Deposits/Reservations: If a deposit is paid to reserve goods, it secures stock allocation and price. If the Customer cancels, the deposit may be retained to cover reservation and opportunity costs, unless mandatory consumer law dictates otherwise.

Article 7 – Retention of Title (Eigentumsvorbehalt)

  1. Title to goods remains with Seawave Marine until all claims arising from the business relationship are paid in full.
  2. Until title passes, Customer may not pledge, encumber, or resell the goods. Customer must store goods carefully and insure them against standard risks.
  3. If third parties claim the goods, Customer must notify Seawave Marine immediately.
  4. In enforcing title, Customer grants Seawave Marine irrevocable permission to access locations where the goods are held.

Article 8 – Delivery, Risk, Inspection & Complaints

  1. Delivery terms are according to the agreed Incoterms 2020 (e.g., EXW, FOB, CIF, DAP) as stated in the order confirmation. Risk passes per the agreed Incoterm; otherwise, upon handover to the first carrier.
  2. Customer must inspect goods upon receipt and notify Seawave Marine of visible defects without undue delay, and in any case within 7 days; hidden defects must be reported within 2 months of discovery.
  3. Seawave Marine must be given an opportunity to assess and remedy. Failure to notify within the given periods may affect remedies available under contract and law.

Article 9 – Warranties & Service

  1. New engines, generators, and OEM components are covered by the manufacturer’s standard warranty, which Seawave Marine registers/activates prior to shipment. Warranty terms and durations depend on the manufacturer/product/application.
  2. Reconditioned items (if sold) include the warranty stated on the invoice/contract.
  3. Warranty is void in case of improper installation, misuse, unsuitable operating conditions, unauthorized modification/repair, or use of non-approved fluids/parts contrary to the OEM manual.
  4. Warranty claims: Customer must provide serial number, proof of purchase, fault description, and supporting media. Service is coordinated through the manufacturer’s authorized network.
  5. Unless agreed otherwise, on-site warranty service is not included; items may need to be presented to an authorized service point. Travel/transport are not covered unless mandated by the OEM program or agreed in writing.

Article 10 – Returns, Withdrawal & Refunds (Summary)

  1. EU Consumers (B2C): statutory 14-day right of withdrawal from delivery (Directive 2011/83/EU; BGB §§ 355–356).
  2. B2B: returns only by prior written approval; typically 7 business days from delivery for unused goods in original packaging.
  3. Exclusions: custom-built/configured items, certain electrical/electronic parts once unsealed, and items installed/used contrary to manuals.
  4. Return process: request RAN via service@seawavemarine.de, ship insured/trackable, marked “Returned Goods – No Commercial Value” → technical inspection → refund/replacement.
  5. Refunds: to the original payment method within 7–14 business days after approval; functional returns may incur up to 15% handling/restocking.
  6. The full policy is available at: Returns & Refund Policy, and the shipping details at Shipping & Delivery.

Article 11 – Liability

  1. Seawave Marine is liable only for direct damages caused by intent or gross negligence, subject to mandatory law.
  2. No liability for indirect/consequential loss (lost profit, downtime, loss of use), except where mandatory consumer law provides otherwise.
  3. In all cases, liability is capped at the net invoice value of the affected delivery or, if insured, the amount paid by the insurer.
  4. Seawave Marine is not liable for damages resulting from Customer-supplied data/specifications or third-party interference.

Article 12 – Intellectual Property

All documents, images, texts, data, and know-how provided by Seawave Marine remain its intellectual property. No rights are transferred except as strictly necessary for use of the delivered goods. Confidential information must not be disclosed to third parties.

Article 13 – Compliance, Export & Sanctions

Customer undertakes to comply with all applicable export control, sanctions, and import regulations. Seawave Marine may decline or cancel orders where compliance risks exist (including end-use concerns) without liability.

Article 14 – Data Protection

Personal data is processed in line with our Privacy Policy and Data Protection pages and applicable GDPR requirements. Processing is limited to what is necessary for quotations, fulfillment, warranty registration, compliance, and support.

Article 15 – Applicable Law & Jurisdiction

  1. These T&Cs and all contractual relationships are governed by German law, excluding the UN CISG (Vienna Sales Convention).
  2. Exclusive venue is Hamburg, Germany, provided no mandatory consumer forum rules apply.
  3. The parties will first attempt an amicable settlement before resorting to court.

Article 16 – Final Provisions

  1. The most recent version of these T&Cs applies; Seawave Marine may update them periodically.
  2. In case of discrepancies between language versions, the German version (if published) prevails for interpretation under German law.
  3. Contact: sales@seawavemarine.de | +49 1521 8750352 | Achtern Sand 17 a, 22559 Hamburg, Germany.