“DynaRep” means DynaRep Shipping Consultants and its affiliated companies, officers, employees and representatives.
“Principal” means any agent, port service provider, port towage company, pilotage company, supplier, launch boat, salvage company, crew management, contractor or other entity represented by DynaRep.
“Customer” means any person or entity requesting services through DynaRep.
“Services” means any agency, coordination, consulting, representation, introductions, communications or related maritime services performed by DynaRep.
DynaRep acts solely as agent, intermediary and representative for disclosed or undisclosed principals unless expressly agreed otherwise in writing.
DynaRep does not act as principal, contractor, carrier, bailee, or service provider.
No contract for the underlying services shall be deemed concluded with DynaRep unless expressly accepted in writing by an authorised director of DynaRep.
Unless expressly agreed otherwise, all contracts for agency, towage, pilotage, supplies, repairs, launch services, salvage, logistics or other maritime services are entered into directly between the Customer and the relevant Principal or service provider.
DynaRep shall not be deemed a party to any such contract.
DynaRep assumes no liability whatsoever for:
(a) acts or omissions of Principals or third-party providers;
(b) negligence, errors or defaults of suppliers;
(c) delay, non-performance or partial performance;
(d) insolvency or financial failure of any Principal;
(e) quality, suitability or fitness of any services provided by third parties.
The Customer expressly waives any claim against DynaRep arising from the performance or non-performance of services rendered by any Principal.
DynaRep does not warrant or guarantee:
• availability of services;
• performance of suppliers;
• arrival or departure times;
• prices or quotations issued by Principals;
• seaworthiness of vessels;
• operational outcomes.
All information is provided in good faith but without warranty of any kind.
To the fullest extent permitted by applicable law:
(a) DynaRep’s aggregate liability arising from any transaction, occurrence or series of occurrences shall not exceed the lesser of:
(b) EUR 5,000; or
(ii) the amount of fees actually received by DynaRep in connection with the relevant transaction.
(b) If DynaRep has received no remuneration in relation to the relevant transaction, its liability shall be limited to EUR 1,000.
Under no circumstances shall DynaRep be liable for:
• loss of profit;
• loss of hire;
• demurrage;
• detention;
• loss of business opportunity;
• consequential or indirect damages;
• reputational loss;
• special or punitive damages.
The Customer shall indemnify, defend and hold harmless DynaRep against all claims, actions, liabilities, losses, damages, fines, penalties, costs and expenses (including legal fees) arising out of:
(a) instructions given by the Customer;
(b) performance of services by Principals;
(c) claims by third parties;
(d) inaccuracies in information supplied by the Customer.
DynaRep shall be entitled to rely upon any communication, instruction or document believed in good faith to originate from the Customer or its representatives.
DynaRep shall not be liable for losses arising from fraudulent or incorrect instructions.
DynaRep shall not be liable for failure or delay arising from events beyond its reasonable control, including but not limited to:
• war;
• sanctions;
• strikes;
• governmental actions;
• cyber incidents;
• port closures;
• weather events;
• pandemics;
• acts of God.
Any claim against DynaRep shall be notified in writing within thirty (30) days of the relevant event and shall be time-barred unless legal proceedings are commenced within twelve (12) months thereafter.
Electronic communications, including emails and electronic documents, shall be deemed valid and binding.
The Customer accepts the risks inherent in electronic communications.
If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
These Terms shall be governed by and construed in accordance with the laws of Greece.
The Courts of Athens, Greece shall have exclusive jurisdiction over any dispute arising out of or in connection with these Terms.
DynaRep shall, however, retain the right to commence proceedings in any other competent jurisdiction.
All business undertaken by DynaRep is subject exclusively to these Standard Terms & Conditions.
These Terms shall be deemed incorporated into every quotation, communication, email, engagement and transaction with DynaRep, whether or not specifically referred to on each occasion.
Acceptance of any services or communications from DynaRep constitutes acceptance of these Terms.