Terms and Conditions
1. General:
a. Marine Service Asia Limited (MSA) is a full-service marine care company supported by a team of passionate international and local boat experts, with a solid foundation built within the marine industry; committed to offering high-standard marine engineering services, boat repair, and maintenance service with industry-leading product supply.
b. MSA is based in Hong Kong with global distribution connections, sales, and service networks across the Asia Pacific. Our registered address is 21/F Block B, Vita Tower, 29 Wong Chuk Hang Road, Wong Chuk Hang, Hong Kong SAR, China.
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2. Definitions:
a. “Boat” refers to any kind of ship, boat, craft, vessel, yacht, cruiser, with or without motor and engine, owned, managed, introduced or controlled by Customers and any other components, options, accessories and items serviced, repaired or replaced by MSA.
b. “Customer(s)” refers to the individual or entity availing the maintenance, repair or other services, or purchasing parts or other goods from MSA.
c. “Manufacturers” means the shipyard or manufacturer which undertakes the design and construction of the Boat and components.
d. “Order” generally refers to quotation accepted by Customers, purchaser order or invoice issued by MSA to Customers and/or contract between MSA and Customers.
e. These “terms and conditions” means the terms herein and any subsequent version(s) as amended, modified or updated by MSA. They govern MSA’s provision of goods and services and are binding upon Customers through express acknowledgement and acceptance, engagement of or procurement from us, by incorporation, or simply through notification.
3. Offer and Document Ranking
a. Offer or quotation from MSA expires if Customers do not accept it within its specified time (or 7 days if not stated). Accepted offer is an Order, as defined above.
b. If Order conflicts with these terms and conditions, specific terms in the Order said to prevail against conflicting terms prevail. Otherwise, these terms and conditions govern.
4. Service Offerings:
a. MSA offers Boat parts sales and comprehensive Boat services, including but not limited to: (i) Boat Receipt Services; (ii) Boat Commissioning Services; (iii) Technical Management and Marine Inspection Services; (iv) Aftersales Services; (v) Boat Management Services; (vi) Technical Services; (vii) Boat Repair, and (viii) Maintenance Services.
b. Availability of services may vary depending on the specific requirements and parts availability. MSA will not be responsible for any delay, default or negligence of third-party providers and suppliers.
5. Service/Sales Requests, Quotation, Pricing and Payment:
a. Customers can request sales quotations, maintenance, or repair services by contacting MSA via our website, email (info@marineserviceasia.com), or front desk phone at +852 3596 2054.
b. Customers are responsible for information accuracy about Boat, maintenance or repair needs.
c. MSA will then provide cost and time estimate and quotation for services/sale but some quotes may take longer due to complexity, customization or information from third party.
d. Unless otherwise agreed, the default payment terms are: -
i. Payment shall be made immediately upon receipt of invoice, and in the currency specified in the Order. If the MSA agrees to payment in alternate currency, Customers shall bear the shortfall due to conversion from the alternate currency;
ii. Additional charges may apply due to Customers-related or induced delay;
iii. MSA has right to charge for business travel time and reasonable costs reimbursement;
iv. MSA may require deposit or advance payment before commencing services or procuring goods;
v. Customer must not make deduction, set off or withholding against invoiced payment; and
vi. Late payment, besides being a breach, will automatically attract interest on the outstanding amount at the rate of 2% per month, calculated daily from the due date until the date of full payment including the interest.
6. Customer Acceptance and Responsibilities:
a. Unless otherwise specified, within 7 days of goods or services provision, Customers may raise concerns. After the period, save for latent defects not reasonably observable exist, lack of raised concerns implies acceptance of the purchased goods or services and any other rendered works.
b. Customers must grant MSA and our technician access to the Boat is in a safe and accessible location; and full, accurate and up-to-date log and information about the Boat's condition, previous repairs, and any known issues;
c. If the Boat is unseaworthy, requires rescue, or is not in safe location, Customers must agree to specific terms, insurance and liability limitation in favor of MSA, otherwise MSA will not be responsible for any cost, loss or damage, whether it has casual relationship, contributory negligence or not;
d. Customers shall keep the Manufacturer's warranty of Boats, and adhere to any “Owner’s Manual” or similar guidelines, including carrying out regular checks and maintenance, proper cleaning, and entrusting authorized professionals to service Boats/equipment according to schedule.
e. Customers are responsible for costs related to related handling, transportation, parking, delivery, etc.; and of any Aftersales Services (if related Manufacturer or equipment manufacturer warranty be voided, cancelled or expired);
f. For Part Sales, it is Customers’ responsibility to
i. identify and check compatibility of the needed parts with their existing equipment or system;
ii. inspect the parts upon delivery carefully, in particular for any visible damage or discrepancies and report problems within claim time limit;
iii. familiarize with the user manual and manufacturer’s information; and
iv. maintain records and documentation (e.g. purchase receipts, invoices, warranties etc for warranty claims and customer support)
7. MSA Warranty and Liability:
a. Save expressly stated below, there are no other express, implied or statutory warranties provided by MSA and all claims for consequential or indirect losses, costs or damages are excluded MSA. And MSA warrants
i. all maintenance, repair services and procurement will be performed with reasonable skill and care;
ii. the replacement or repair of any part which is expressly recognized as defective by the Manufacturer or equipment manufacturer’s Aftersales Department based on the relevant applicable terms;
iii. to use reasonable endeavor to transfer to or retain for Customers the benefit of all warranties or guarantees provided by the Manufacturer and all third-party suppliers (collectively the “Warranties”) and administer them during the stated period. Where the Warranties may be extended on condition of inspection, such inspection may incur a charge which is for Customers’ account.
b. MSA expressly excludes below warranties and liability towards any damages, losses, injuries or costs therefrom:
i. Normal wear and tear and parts which are intended to be replaced on a regular basis (Anodes, filters, anti-fouling, sails, rigs, upholstery, etc.).
ii. Pre-existing defects or latent conditions in the Boat, or due to poor maintenance, abuse, neglect, or failure of regular maintenance of equipment including, but not limited to, winches, various seals and deck hardware, stainless steel, etc.
iii. Work relating to warranty claims for which MSA has not given its agreement before fulfillment.
iv. Equipment and facilities supplied by a third-party, even when installed by MSA or which have been, even partly, modified.
v. Transport, towing, recovery, handling, conveyance, and storage costs.
vi. Costs to owners for normal measures to protect the boat from further damage and the consequences of not taking suitable protective measures.
vii. Losses from the inability to operate or use.
viii. If the Boat is stolen.
c. Time Limit: MSA will not be liable for any claims unless the claim is notified within 3 months of work completion, or within 7 days of the alleged defect becoming apparent, whichever is earlier. Further, no legal action, regardless of its basis in contract or tort or otherwise arising out of the work, service or purchase under the terms and conditions may be brought by Customers more than 12 months after the cause of action has arisen.
d. MSA’s total liability to Customers in respect of all other claims whatsoever arising hereunder, in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed 2 times of the fees charged by MSA or the direct costs and losses to Customers, whichever is lower.
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8. Parts or products procured through MSA from Manufacturer and/or third-party supplier:
a. They are subject to stock availability and shipment as determined by the Manufacturer and/or third-party supplier and subject to their warranty, terms & conditions and time limits to claim.
b. MSA cannot guarantee on their behalf nor be responsible for any delay nor liable for the claims.
c. MSA may offer reasonable assistance to direct such claims to the Manufacturer and/or third-party supplier at costs to be agreed.
9. Confidentiality, Data Protection and Intellectual Property:
a. MSA will maintain the confidentiality of Customer information provided during the course of providing maintenance or repair services and Customers’ data will be collected, used, and protected in accordance with applicable data protection law.
b. MSA and/or its licensor owns all related intellectual property, including but not limited MSA's name, logo, website content, menu, plan, Order, report and proprietary information.
c. Customer will not make use of MSA’s information and/or intellectual property for any purpose not contemplated herein, or to compete with MSA, or to divulge to other service providers without MSA’s written permission.
10. Termination:
a. If either MSA or Customers terminate an Order or any contract incorporating these terms and conditions, they continue to govern the accrued rights or liabilities of the parties.
b. Specifically, Clauses 9-12 and 16 herein survive termination.
11. Customer Satisfaction and Dispute Resolution:
a. MSA is committed to customer satisfaction. In the event of any dispute or dissatisfaction with our services, customers are encouraged to contact us immediately. We will make every effort to resolve the issue in an amicable and timely manner.
b. If a resolution cannot be reached informally, the parties agree to attend to a without prejudice and confidential negotiation discussions organized by MSA at our office, and Customers may choose to be legally represented or not, for the purpose of reaching a consensus or settlement.
12. Governing Law and Jurisdiction:
a. These terms and conditions, any contract incorporating the same, and any other non-contractual obligations arising from or connected with them shall be governed by and construed in accordance with the laws of Hong Kong.
b. Subject to Clause 11(b) and Clause 12(c), any dispute, controversy, difference or claim arising out of or relating to the above, including the existence, validity, interpretation, performance, breach or termination thereof shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be Hong Kong law. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English.
c. MSA has exclusive right (option but not obligation) to choose to commence court action directly against Customers who fail to pay any fees, payments or disbursements including but not limited to issuing of statutory demand and follow up proceedings and/or commencement of small claims.
13. Non-Payment by Customers: Notwithstanding any other provisions or warranties, if payment owed by Customers to MSA is not received by the due date, MSA has the right to conduct any or any combination of below:
a. Retain ownership in relation to products, and Customers shall act as a bailee for MSA until payment. MSA has the right to enter premises and reclaim the products. If Customers resell the products (or together with the Boat), sale proceeds are held for and credit assigned to MSA;
b. Suspend further services or supply until payment is received and shall not be liable for any direct or indirect losses, damages, or inconvenience resulting therefrom;
c. Withhold any deliverables, reports, or services until full payment, including the interest, is received;
d. Charge interest on the outstanding amount at the rate of 2% per month, calculated daily from the due date until the date of full payment including the interest;
e. Recover all costs incurred in collecting overdue payments, including but not limited to legal fees and collection agency fees;
f. Terminate the services or contract with Customers;
g. Take legal action to recover the outstanding amount in accordance with Clause 12; and/or
h. Exercise lien in accordance with Clause 13.
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14. Lien
a. Lien Rights and Priority: MSA, shall have a mechanic’s lien on the Boat to secure the payment of sum dues from Customers to MSA and the lien created hereunder have priority over all other liens, claims, or encumbrances on the Boat, except for any existing liens that are prior recorded.
b. Enforcement of Lien: The lien can be enforced by legal action, including but not limited to filing a lien claim, pursuing foreclosure, or selling the Boat to satisfy the debt.
c. Release of Lien: Subject to enforcement and upon full payment of all outstanding, MSA shall release the lien but Customers will bear all costs associated with the release.
15. Force Majeure
a. Neither party shall be liable for any failure or delay in performing its obligations pursuant to these terms and conditions to the extent that such failure or delay is caused by a Force Majeure Event. A “Force Majeure Event” means any event beyond a party's reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third-party's), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.
16. Contact Information and Notice:
a. Official notice or communication to MSA under these terms and conditions or Order must be made in writing and be delivered to our registered address or other address as MSA may notify from time to time.
b. Notices shall be deemed to be received if (i) delivered by hand or by courier on signature of a delivery receipt, or (ii) if sent by fax or email on a business day before 5:30pm, at the time of transmission and if sent at any other time, at 9:00am on the next business day.
17. Miscellaneous Provisions: Under or relating to these Terms and Conditions -​
a. MSA may modify or update from time to time, which shall apply to Customers and replace the previous version upon Customer notification.
b. Any amendment, waiver of any right or assignment by a party to third party hereunder is only effective if it is in writing and signed by a director or authorized representative of the party and sets out the circumstances of waiver.
c. No failure, delay, single or partial exercise or delay in exercising any right or remedy by MSA hereunder shall prevent its future exercise or enforcement.
d. If any term is not or ceases to be legal, valid, binding and enforceable under the law of any jurisdiction, the remaining terms or any ceased term’s effect in other jurisdiction shall not be affected.