Terms and Conditions

Terms and Conditions for Vancann-Solutions.com (Maritime Consultancy Services)
These Terms and Conditions (T&C) govern all consultancy, inspection, and technical advisory services provided by Vancann-Solutions.com (the "Consultant") to its clients, including shipowners, ship managers, and related marine operators (the "Client"). By engaging the Consultant for any services, the Client agrees to be bound by these T&C.

1. Scope of Services
   The Consultant agrees to provide the professional services as defined in an approved proposal, purchase order, or written agreement ("Engagement"). Services are rendered with due care, skill, and diligence according to recognized maritime and industry standards. The Consultant does not guarantee specific commercial outcomes or vessel performance results.

2. Client Obligations
   The Client shall:
   Provide complete, accurate, and timely information, documentation, and necessary vessel access to the Consultant's personnel.
   Ensure a safe working environment for the Consultant's personnel, complying with all applicable international, national, and port maritime safety and security regulations.
   Remain solely responsible for liaison, reporting, and compliance with all classification societies, flag administrations, insurers, and port authorities related to the subject matter of the Engagement.

3. Reports, Advice, and Intellectual Property
   All reports, data, recommendations, and verbal/written advice ("Deliverables") generated during the Engagement remain the Consultant’s Intellectual Property unless otherwise agreed in writing.
   Deliverables are confidential and provided solely for the Client’s internal use in connection with the specific purpose of the Engagement.
   The Client shall not distribute, reproduce, or disclose any Deliverables to third parties without the Consultant’s prior written consent.
   The Consultant accepts no duty of care toward any unauthorized third party who may use or rely upon the Deliverables.

4. Fees and Payment
   Fees for the Services shall be as agreed upon in the Engagement proposal or invoice.
   Invoices are due and payable within thirty (30) days of the invoice date.
   In the event of late payment, the Client shall be in default and liable to the Consultant for statutory default interest at the rate applicable to B2B transactions under German law (currently nine percentage points above the Base Rate of the European Central Bank) in accordance with $\S 288$ of the German Civil Code (BGB). The Client shall also pay a flat rate of $€40.00$ as compensation for recovery costs.
   The Consultant may suspend work and withhold the delivery of reports or advice until all overdue amounts are settled.
   The Client shall be responsible for any taxes (excluding taxes on the Consultant's income) levied on the fees.

5. Liability and Indemnity (Crucial Clause under German Law)
   The Consultant’s liability for damages shall be limited as follows:
   Unlimited Liability: The Consultant’s liability shall be unlimited for damages arising from intent (Vorsatz), gross negligence (Grobe Fahrlässigkeit), injury to life, body, or health, and liability under the German Product Liability Act (Produkthaftungsgesetz).
   Limitation to Foreseeable Damages: In the event of a negligent breach of an essential contractual obligation (Kardinalpflichten), the Consultant's liability shall be limited to the amount of damages typically foreseeable at the time of contract conclusion.
   Exclusion for Simple Negligence: The Consultant shall not be liable for the simple negligent breach (einfache Fahrlässigkeit) of non-essential contractual obligations.
   Exclusion of Consequential Loss: Claims for indirect, special, or consequential damages, including but not limited to loss of profit, loss of charter, loss of hire, or loss of business opportunity, are excluded, except where mandatory German law (such as the unlimited liability for intent or gross negligence) dictates otherwise.
   Client Indemnity: The Client shall indemnify and hold the Consultant harmless against all third-party claims, liabilities, damages, or costs (including reasonable legal fees) arising out of or in connection with the Client’s use of the Consultant’s services, unless such claim arises solely from the Consultant’s proven gross negligence or willful misconduct.

6. Confidentiality and Termination
   Both parties shall maintain strict confidentiality regarding all non-public, proprietary, or operational information obtained from the other party during the course of the Engagement.
   Either party may terminate the Engagement with fourteen (14) days' written notice to the other party. Termination does not affect the Consultant's right to receive payment for all work completed and in progress up to the date of termination.

7. Governing Law and Dispute Resolution
   These T&C and the Engagement shall be governed by and construed in accordance with the laws of the Federal Republic of Germany.
   Any dispute arising out of or in connection with the Engagement shall be finally settled by arbitration in Hamburg, Germany under the rules of the German Maritime Arbitration Association (GMAA).