Worldwide Diesel Power, Inc. (WDP, Inc.) contracts for furnishing ship repairs, parts and services are solely on the basis of the insured limited liabilities set forth below. WDP, Inc. shall not be liable for repairs to any one vessel, directly or indirectly in contract, tort or otherwise, to its owners, charterers, underwriters, lienholders or other party in interest for any damage caused solely by WDP, Inc. gross negligence or intentional tort and in no event shall WDP, Inc. aggregate liability under this contract in excess of $50,000.00 or the value of the vessel, whichever figure is the lesser. The customer agrees to indemnify, defend and hold WDP, Inc. harmless with respect to all liabilities to all parties in interest exceeding the amount herein stated. Unless otherwise stated, all tenders are subject to immediate acceptance. WDP, Inc. shall not be liable for any loss damage or delay caused by strikes, labor difficulties, accidents, delay in delivery of materials, acts of God, war, restraints of prices, including, but not limited to, tropical storms, hurricanes, lightning or rain. For payment of any work done or materials furnished hereunder, whether authorized orally, by letter, or written contract and whether WDP, Inc. looks to both vessel and owner.
In case of defective workmanship or material, whether latent or otherwise, or for damage to any vessel or for any loss sustained by its owners, charterers, underwriters, lienholders or other parties in interest, directly or indirectly in contact, tort or otherwise, unless the same is caused solely by the gross negligence or intentional tort of WDP, Inc. own employees, WDP, Inc. liability is limited strictly to the cost of repairs, correction or replacement thereof.
In no event shall WDP, Inc. be liable for any consequential damage including but not without limitation, for faulty or negligent design or manufacture, delay, loss of revenue, detention, wharfage, demurrage, tug expense, pilotage, crew wages, salvage or loss of use.
WDP, Inc. shall be discharged from all liability for defective workmanship or material or for loss or damage, unless the same is discovered prior to and claim in writing made to WDP, Inc. within fourteen (14) days and litigation is commenced within one (1) year after WDP, Inc. work has ceased for whatever reason or has been completed, or the vessel or its appurtenances thereof has been redelivered, whichever first occurs. All warranties are contingent upon, and no obligation to perform warranty repairs shall arise until, full payment is received by WDP, Inc. and the provision of repairs or replacement of parts by WDP, Inc. shall not be deemed a waiver of this provision.
WDP, Inc. shall not be liable for any personal injury, including death, or for damage to property of third parties, unless the same is caused solely by the gross negligence or intentional tort of WDP, Inc. The vessel, it’s owners, charterers, underwriters, lienholders and all parties in interest, shall indemnify and hold WDP, Inc. harmless from all liability arising under any state or federal air or water quality statue or regulation unless the liability shall arise solely from the gross negligence or intentional tort of WDP, Inc. own employees. Owners or other parties in interest, warrant that a valid and current U.S. Coast Guard Financial Responsibility (Water Pollution) (Form CG-5358-10) shall be kept in force at all times while WDP, Inc. is furnishing repairs, parts or services. WDP, Inc. does not agree to the accident, indemnity and insurance provisions, if any, contained in your invitation or specifications, relating to liability for death or personal injury and in such cases WDP, Inc. accepts only such liability as is imposed upon WDP, Inc. by law as limited by this contract. In no event shall WDP, Inc. be liable for the cost of defense, including attorney’s fees, of any action whether commenced by WDP, Inc. employees, subcontractor’s employees or others against the vessel, its owners, agents, charterers, lienholders or underwriters. The foregoing is in lieu of all warranties and liabilities, whether statutory, expressed or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and workmanlike service, other warranty created by common law or existing under the Uniform Commercial Code as adopted by the State of Florida or any entitlement of the owners, charterers, underwriters, lienholders or other parties in interest, under the common law provisions of bailor – bailee relationship.
Different or more extensive liabilities will be accepted if an agreement in writing stating the nature and extent thereof is entered into before work is commenced by WDP, Inc. and if the price is adjusted to include the cost of appropriate additional insurance. The terms contained in this contract or as set forth by an addendum thereto shall in no way be interpreted to hold WDP, Inc. as an insurer.
Please note that WDP, Inc.’s terms of payment are net on receipt of invoice, 1.5% per month to be added to invoice if not paid within thirty (30) days of presentation or mailing of same.
Payment or liability terms different from above shall be agreed upon before commencement of work. Nothing herein shall be deemed to constitute a waiver of WDP, Inc.’s maritime lien. Invalidity of any one or more provisions of this contract shall not affect nor impair the remaining provisions.
This contract may not be changed orally. The terms and conditions stated above shall be deemed accepted upon commencement of work by WDP, Inc.’s facility or at any other location.
It is agreed by and between the owners, charterers, underwriters, lienholders or any other parties in interest and WDP, Inc. that all disputes and matters whatsoever arising under, in connection with or incident to this contract shall be litigated before a court of competent jurisdiction located in the State of Florida, County of Duval, to the exclusion of the courts of any other state or country. Furthermore, this contract shall be interpreted in accordance with and all disputes arising under in connection with or incident to this contract shall be decided under the laws of the State of Florida, to the exclusion of any other state or country.