Simplex Americas LLC

Tel: +1-908-237-9099 Fax: +1-908-237-9503

Email: info@simplexamericas.com

2013 Rates
Blohm + Voss Industries GmbH Factory Trained and Authorized Service Engineer Rates
Jastram GmbH Factory Trained and Authorized Service Engineer Rates
Nakashima Propeller Co. Ltd Factory Trained and Authorized Service Engineer Rates

All
rates
in
United
States
Dollars




Base
Rate:
Straight
Time
@
USD
135.00
per
hour,
basis
minimum
8
hours
per
day




Overtime
after
8
hours:
Base
+
50%




Saturdays:
Base
+
50%,
Minimum
8
hours
per
day




Sundays:
Base
+
100%,
minimum
8
hours
per
day




Holidays:
Base
+
100%,
minimum
8
hours
per
day
including
travel




Travel
Time
(other
than
holidays):
Base
rate,
minimum
8
hours
per
day,
Portal
to



Portal




Standby:
as
per
above



Travel
costs,
hotel,
airfare,
rental
car
expenses
etc:
Cost
+15%
unless
arranged/paid
in

advance
by
customer

Mileage:
$
0.70
per
mile

Subsistence:
USD
150.00
per
day
per
man

Special
Bonding
Tool
Charge:
$
750.00
per
job

Special
Factory
Bonding
Adhesive:
$
80.00
per
individual
seal
ring
overhauled

Consumables,
packing,
etc.:
Cost
+
15%

Freight
for
tools
and
consumables,
including
overweight
luggage:
Cost
+
15%



Note:
Rates
subject
to
change



**
Simplex
Americas
LLC
Terms
and
Conditions
of
Service
apply;
Copies
on
file
at
Simplex
Americas
LLC
office
and
are
available
on
request







The
ONLY
Blohm
&
Voss
Industries
GmbH
representative
office
in
the
Americas
&
Caribbean
for

new
sales,
spare
parts
and
factory
authorized
service
of
Blohm
&
Voss
products,
including

SIMPLEX
Compact
Stern
Tube
Seals,
SIMPLAN
Shaft
Seals,
TURBULO
Oily
Water
Separators,

SIMPLEX
Steering
Gear
and
SIMPLEX
Fin
Stabilizers.

SIMPLAN
Shaft
Seals:
German
Engineered
-
AMERICAN
BUILT

Jastram
GmbH

Thrusters,
Rudder
propellers

Nakashima
Propeller
Co.
Ltd.

CPP
and
Thrusters


TECHNICAL PERSONNEL FOR SERVICE AND OTHER WORK (2013)
1. APPLICATION OF THE GENERAL
TERMS AND CONDITIONS
These General Terms and Conditions for
Technical Personnel for Service and Other
Work (hereinafter referred to as the
Conditions) apply to Work, as defined in
Clause 2, carried out by SIMPLEX
AMERICAS, LLC (hereinafter referred to as
the Contractor), whether or not any
reference to the Conditions is made in the
respective contract, purchase order or
confirmation of order, (hereinafter referred
to as the Contract). Inclusion by the
purchaser (hereinafter referred to as the
Customer) of any terms inconsistent with
or in addition to the Conditions is of no
effect unless accepted in writing by the
Contractor.
2. SCOPE OF THE CONTRACTORS
WORK
Subject to the Conditions, the Contractor
agrees to provide the Customer with
qualified technical personnel (hereinafter
referred to as the Personnel) for any
installation, service, repair, or maintenance
of or training, and technical advisory service
for the Customers installation(s)
(hereinafter referred to as the Work) in
accordance with the Contract and these
Conditions. Unless otherwise specifically
agreed in writing, the following preparatory,
related or required work does not form a part
of the Work including, but not limited to,
digging, foundation work, demolishing,
chopping, brickwork, plastering, concrete
work, blacksmithing, painting, plumbing and
similar activities, as well as street, sewer and
scaffolding work.
3. OBLICATIONS OF THE
CUSTOMER
The Customer shall provide at no cost to the
Contractor the amenities listed in 3.1
through 3.7 below. In the event the
Customer is unable or unwilling to provide
the required amenities, the Contractor, at its
option, may terminate the Contract without
liability to Contractor or provide the
amenities itself for the account of the
Customer.
3.1 Equipment and Tools
Ancillary manpower equipped with
necessary tools, necessary heavy duty
hoisting and transport facilities with
SIMPLEX AMERICAS, LLC
20 Bartles Corner Road
Flemington, NJ 08822-5717
Tel: (908) 237-9099
Fax: (908)237-9503
SIMPLEX AMERICAS, LLC
GENERAL TERMS AND CONDITIONS
necessary personnel, fuel, lubricants, water,
electricity, compressed air and cleaning
facilities, if not otherwise agreed in writing.
3.2 Lodging
Proper heated/air-conditioned facilities for
working, boarding, and lodging of the
Personnel in close proximity to the work site
as follows:
(a) sufficient service storage sheds
with locks, equipped with shelves
and bins for tools, equipment and
supplies of the Personnel;
(b) sufficient changing rooms,
provided with locks and washing
facilities for the use of the
Personnel;
(c) sufficient furnished offices with
locks, equipped with telephones,
telefax, telex, internet, and other
communication requirements of
the Personnel; and
(d) accessible toilet facilities and
drinking water on the work site
(e) If staying onboard the vessel
during repairs, proper working air
conditioning (heating and
cooling) , water supply for
showers and toilets, clean linens
and towels, and the absence of
noise outside the room to allow
for adequate rest periods. If not
meeting these criteria, Personnel
will then move to a shore side
hotel and bill the Customer
according to Rate sheet.
3.3 Electric Power and Compressed Air
Electric power outlets for welding
equipment, drills and hand lamps as well as
compressed air lines at points convenient
and accessible to the work site.
3.4 Customs Assistance
All necessary assistance requested by the
Contractor with the customs formalities
required for the import and export of all the
Contractors equipment and tools, free of all
duties and taxes.
3.5 Compliance with Laws, Rules, and
Regulations
Customer compliance with all laws, rules,
regulations and permitting applicable at the
work site or arising out of the performance
of the Work.
3.6 Taxes and Personnel Costs
1
Payment of all governmental imposed taxes,
duties or charges levied upon the Contractor
or its Personnel in connection with the
performance of the Work or incidental to the
lodging or travel of the Personnel.
3.7 Requisite Visas and Working Permits
All necessary actions requested by the
Contractor the ensure that the Personnel
obtain visas and any other official entry,
exit, residence or working permits that may
be required in the country of the work site,
including free ingress and egress.
4. ILLNESS AND ACCIDENTS OF THE
PERSONNEL
In the event of Personnel illnesses or
accidents, at work or outside work,
necessitating medical attention or hospital
treatment, the Customer shall be responsible
for ensuring that appropriate medical
facilities and necessary medications are
made available to the personnel. Medical
attention and hospital treatment shall be the
best available. If after medical examination
it is considered necessary to repatriate an
injured or deceased person, the Customer
shall arrange for such repatriation in the
safest most expedient manner. Subject to
Clause 11, all costs incurred under this
Clause 4 shall be for the account of the
Contractor.
The Customer shall indemnify the
Contractor for all fines, penalties or charges
imposed as a result of the failure to comply
with any laws, rules or regulations imposed
in the place where the Work is performed,
unless such fine, penalty or charge is
imposed as a result of the intentional
misconduct of the Contractor or its
personnel.
5. WITHDRAWAL AND SUSPENSION
5.1 Withdrawal of the Personnel
If the Work is interrupted by Force Majeure
as defined in Clause 15 or for other reasons
not attributable to the Contractor, the costs
for maintaining the Personnel at or near the
work site (including, but not limited to,
wages and lodging) will be borne by the
Customer. If the interruption continues for
more than one (1) week, the Personnel shall,
if required by the contractor, be returned to
the Contractors offices. All expenses in
relation to such withdrawal and/or

TECHNICAL PERSONNEL FOR SERVICE AND OTHER WORK (2013)
subsequent return shall be borne by the
Customer.
5.2 Suspension
If Personnel have been withdrawn, the
performance of the Contractor shall be
suspended until the Customer has requested
the return of the Personnel to the work site y
giving a two (2) weeks prior notice. The
Contractor shall be entitled to an extension
of time for completion of the Contract equal
to the delay caused by the suspension and
subsequent resumption of the Work.
5.3 Termination
Should the suspension exceed two (2)
moths, either party shall be entitled to
terminate the Contract by notice in writing
to the other party, without prejudice to the
rights of either party up to the date of
termination.
5.4 Extra Costs
All reasonable costs, including the extra cost
of completing the Contract incurred by the
Contractor as a consequence of work
suspension and any subsequent resumption
of the Work shall be reimbursed by the
Customer.
6. PRICE AND PAYMENT
6.1 Price and Payment
All prices quoted in any tender submitted by
the Contractor and all prices stated in the
Contractors price list are net and exclude
taxes, duties and similar assessments. The
Contractor reserves the right to make
changes in the price list without prior notice.
Unless otherwise agreed, payment is to be
made by bank remittance in the currency and
to the bank account set forth in the invoice
within fifteen (15) days from the date of the
invoice.
Payment shall be made in full without any
set off, counterclaim or deduction. All
expenses for remitting payments shall be
borne by the Customer.
Time sheets shall be completed by the
Personnel at the end of each week and shall
be checked and attested by Customers
representative without delay. Time sheets
prepared by the Personnel shall be
considered proper documentation of work
hours invoiced by Contractor.
6.2 Overdue Interest
SIMPLEX AMERICAS, LLC
20 Bartles Corner Road
Flemington, NJ 08822-5717
Tel: (908) 237-9099
Fax: (908)237-9503
SIMPLEX AMERICAS, LLC
GENERAL TERMS AND CONDITIONS
If payment is not timely made pursuant to
Clause 6.1, the Customer shall pay overdue
interest from the maturity date until the
actual date of payment accrued at the rate of
one and one-half percent (1.5%) per month,
compounded annually from the date of
maturity. Customer agrees to pay Contractor
all costs related to the collection of overdue
amounts, including reasonable attorneys
fees.
6.3 Advances
The Contractor may, if the agreed Work
continues for more than one (1) month,
invoice the Customer on a monthly basis.
Such monthly invoices shall be paid in
accordance with Clause 6.1 above and shall,
when paid, be deducted from the
Contractors final invoice.
7. RENUMERATION
7.1 Remuneration and Working Hours
(a) Hourly rates and daily allowances
specified in the Contractor s
price list for service charges
currently in force (and subject to
change from time to time) are
applicable for the Work during
normal working hours and normal
working week, and shall be
charged to the Customer
accordingly.
The Customer will be charged for
the daily allowances of the
Personnel based on the number of
working days from the date of
departure of the Personnel until
their return in accordance with the
travel regulations of the
Contractor.
(b) A normal working week is
comprised of forty (40) hours,
eight (8) hours per working day,
spread over five (5) working
days,Monday-Friday. If not
expressly otherwise agreed in
writing, the Contract price is
based on Work performed during
normal working hours.
(c) Local holidays shall be observed.
Work will proceed on
Contractors holidays which are
not observed in Customers local
area, but in no event will
Personnel be obliged to work on
Christmas Day, New Years Day,
Good Friday, and Easter.
2
7.2 Overtime
Unless otherwise agreed, any Work done
outside normal working hours shall be
charged to the Customer as overtime. If
extensive overtime is required, exceeding
fifteen (15) hours per week, permission of
the Contractor must first be obtained.
Overtime shall be charged at prices specified
in the current Contractors price list.
7.3 Waiting Time
Any waiting time for which the Contractor is
not responsible, shall be charged to the
Customer as normal working time.
7.4 Travel Expenses
(a) All travel expenses incurred in
connection with the Contract shall
be for the account of the
Customer. Travel expenses
include:
i. Fares for journey by rail, by
sea, air, car, and/or bus;
ii. Carriage, freight and customs
duties as well as insurance due
in connection with personal
effects, instruments and tools
required for the Contract,
including necessary costs for
overweight on air freight; and
iii. All out-of-pocket expenses
incurred by the Contractor for
the Work ordered by the
Customer, such as internet use,
telefaxes, telexes, telegrams
and telephone calls.
(b) Time spent by Personnel traveling
to and from the Contractors
office shall be charged at the
normal work hour rates specified
in the current Contractors price
list.
(c) All travel of Personnel between
Customer provided lodging and
the work site shall be for
Customers account.
7.5 Extra Work
Any assistance or work performed by the
Contractor outside the Contract or related to
Clause 12 shall be charged as extra work in
accordance with the current Contractors
price list.
7.6 Holidays
IF the Contract duration exceeds three (3)
consecutive moths, each member of the

TECHNICAL PERSONNEL FOR SERVICE AND OTHER WORK (2013)
assigned Personnel team shall at the end of
each period of two (2) months be entitled to
a round trip to the offices of the Contractor
for a period of two (2) weeks. Such round
trip shall be borne by the Customer in
accordance with Clause 7.4 above.
7.7 Remuneration During Incapacity
The remuneration and the daily allowance
shall be payable during incapacity caused by
sickness or accident to Personnel for the first
seven (7) consecutive days of such
incapacity. Thereafter, only the daily
allowance shall be paid.
8. LOCAL LAWS AND REGULATIONS,
SAFETY REGULATIONS
8.1 Local Laws and Regulations
The Customer shall provide all necessary
assistance to ensure that the Contractor and
Personnel obtain necessary information
concerning the local laws and regulation
applicable to the Work.
In the event local laws provide the
Contractor lien rights, the Customer hereby
consents to the attachment of any liens on
Customers property based upon, arising out
of, or as a result of the Work. Moreover, the
Customer waives any and all claims,
defenses and causes of action that the
customer may have in connection with any
such lien rights. Contractor reserves all
rights to obtain a security interest for the
value of services and ancillary parts and
materials provided to Customer. Nothing
herein shall limit Contractors rights to libel
and legal rights to seize a vessel or other
property according to the usual course of
proceeding in admiralty and pursuant to 9
U.S.C. 8 or other applicable laws of the
jurisdiction where the vessel or property
may be located.
8.2 Customers Safety Regulations
(a) The Customer shall provide the
Contractor full details of any
safety regulations which the
Customer imposes on its own
employees, and the Contractor
shall ensure the observance of
such safety regulations by its
Personnel.
(b) If breaches of these regulations by
the Personnel come to the notice
of the Customer, it shall inform
the Contractor thereof in writing.
The Contractor shall, in
SIMPLEX AMERICAS, LLC
20 Bartles Corner Road
Flemington, NJ 08822-5717
Tel: (908) 237-9099
Fax: (908)237-9503
SIMPLEX AMERICAS, LLC
GENERAL TERMS AND CONDITIONS
consultation with the Customer, OBLICATION OR LIABILITY
take such measures as are WHETHER IN CONTRACT, LAW OR
necessary for avoiding any EQUITY.
repetition of such breaches.
This warranty does not cover any defect due
8.3 Local Risks to or connected with:
Customer shall inform the Contractor and its 1) material or components or design
Personnel of any dangerous conditions or provided by the Customer or on
particular risks that may be encountered in behalf of the Customer;
the Customers country, at the work site or 2) negligence or other improper acts
in the use of any equipment or tools or omissions of the Customer, its
provided by the Customer. The Customer employees, agents or other third
will comply with all reasonable requests by parties;
the Personnel for the invocation of 3) other than original spare parts
additional safety measures. supplied by the Contractor;
4) improper installation or
9. WARRANTY alterations carried out without the
Contractors consent in writing;
Should the Work performed by the 5) parts, accessories, or attachments
Contractor be inadequate due to defective which are not sold, supplied, or
workmanship, the Contractor undertakes to expressly approved in writing by
remedy such work. The Contractor also the Contractor; or
undertakes to remedy a defect in ancillary 6) parts or materials provided by
materials or parts supplied by the Contractor Contractor that are warranted
under the Contract, provided the defect directly to the Customer by a third
appears during the warranty period and party manufacturer.
is due to a defect in material or This warranty does not cover any
workmanship. The Customer shall defects that are caused by or connected
immediately take appropriate steps to with normal wear and tear or use of
prevent any defect from becoming more unsuitable material or consumable by
serious and to enable the Contractor to the Customer, grid fluctuations, or any
rectify the aforesaid defect. In order to use, maintenance, service or operation
receive this remedy, any warranty claims or of equipment or parts which is not in
actions with respect to this warranty must be conformity with the Contractors or
made in writing without delay and during any of its subcontractors manuals,
the warranty period or within fifteen (15) instructions or specifications or which
days thereafter. is otherwise not in accordance with
normal industry practice.
The warranty of the Work performed is
limited to defects which appear within six 10. CONTRACTORS LIABILITY
(6) months from the completion of the
Work. The warranty period of ancillary parts THE CONTRACTOR SHALL NOT
or materials supplied and used in the Work BE LIABLE UNDER ANY
is limited to defects which appear within six CIRCUMSTANCES FOR ANY
(6) months from the date of replacement or INDIRECT, CONSEQUENTIAL,
twelve (12) months from the date of delivery SPECIAL, CONTINGENT OR
(from the Contractors works), whichever INCIDENTAL DAMAGES NOR
occurs first. FOR ANY LIABITY FOR LOSS OF
TIME, INABILITY TO USE
THIS IS THE ONLY WARRANTY EQUIPMENT OR SERVICES
APPLICABLE TO THE WORK AND SUPPLIED, LOSS OR ACTUAL
ANY ANCILLARY PARTS OR OR POTENTIAL PROFIT OR
MATERIALS AND REPLACES ALL REVENUE, PUNITIVE OR
OTHER WARRANTIES, EXPRESSED EXEMPLARY DAMAGES, THE
OR IMPLIED, INCLUDING, BUT NOT COST OF SUBSTITUTED
LIMITED TO, ANY WARRANTIES OF SERVICES OR PARTS, TOWAGE
MERCHANTABILITY, FITNESS FOR CHARGES, POLLUTION
A PARTICULAR PURPOSE OR REMEDIATION COSTS,
LATENT DEFECTS AND ANY OTHER DAMAGES TO ANY VESSEL,
3
 SIMPLEX AMERICAS, LLC

GENERAL TERMS AND CONDITIONS

TECHNICAL PERSONNEL FOR SERVICE AND OTHER WORK (2013)
ENGINE ROOM, POWER PLANT Contractor shall not exceed U.S. provided it can do so without
SITE, BEARINGS, TAILSHAFT Twenty Five Thousand Dollars unreasonable inconvenience or cost.
,YARD OR OTHER PROPERTY, ( $ 25,000.00)
ARISING OUT OF OR Force Majeure means an occurrence
CONNECTED WITH THE 11. CUSTOMERS LIABILITY beyond the control of the party affected
PROVISION BY CONTRACTOR (including, but not limited to, wars,
OF SERVICES OR ANY Damage for which the Contractor is not civil riots, terrorism or specific threats
ANCILLARY PARTS OR liable under Clause 10 above shall be of terrorism, hostilities, public disorder,
MATERIALS UNDER THIS for the account of the Customer. The strikes lockouts or other industrial
CONTRACT. THE CONTRACTOR Customer shall likewise bye liable if disputes and any other conflicts,
SHALL NOT BE RESPONSIBLE the damage is due to defective tools, embargos, insurrections, epidemics,
FOR ANY COSTS ASSOCIATED hoisting equipment or other equipment fires, acts of God, governmental
WITH VESSEL HAVING TO or materials furnished by the Customer restrictions, actions and inactions,
DRYDOCK TO PERFORM and Customers liability shall not be winding up or failure of a subcontractor
REPAIRS, NOR WITH ANY diminished by the absence of any to provide materials or goods, shortage
COSTS ASSOCIATED WITH complaint by the Personnel about of transport or of materials, or
CUSTOMER CHOOSING TO defective conditions. restrictions in the sue of power or loss
PERFORM THE REPAIRS IN ANY of power) provided that such party
OTHER MANNER, INCLUDING 12. EXTENSION OF TIME could not reasonably have foreseen
BUT NOT LIMITED TO such occurrence at the time of entering
UNDERWATER SERVICE IN A Should delay in completion of the into the Contract and could not
HABITAT OR COFFERDAM OR Contract be due to the fault of or by reasonably have avoided or overcome
ANY OTHER METHOD OF any act or omission of the Customer, the Force Majeure event or its
REPAIR. CONTRACTOR ALSO there shall be granted such extension of consequences.
NOT RESPONSIBLE FOR time for completion as is reasonable
REPLACEMENT OF ANY LOSS having regard to all circumstances 16. OTHER PROVISIONS
OF LUBE OIL, EITHER BY surrounding the delay.
LEAKAGE OR REMOVAL TO The failure of either party to insist on
AFFECT THE REPAIRS. 13. INSURANCE any occasion upon the performance of
WARRANTY IS LIMITED TO the Conditions or any other indulgence
BEING PERFORMED BY OUR The Contractor and the Customer shall granted by one party to the other shall
COMPANY WITHIN THE at their own cost provide for and not thereby act as a waiver of the
CONTINENTAL UNITED STATES maintain comprehensive insurance Conditions.
OR BAHAMAS. coverage to protect their own property
and personnel. If any of the Conditions or any addenda
The Contractor shall not be liable for thereto should be declared invalid, the
any work carried out by the Customer 14. SALES OF SPARE PARTS validity, legality and enforceability of
or by any third party, INCLUDING the remaining Conditions shall not in
SHIPYARD PERSONNEL, even The sale of spare parts purchased from any way be affected or impaired
though carried out with the assistance the Contractor by Customer shall be in thereby.
of Contractors technical advisor. The accordance with the Contractors
Contractor shall not be liable for any General Terms and Conditions for the Any illustrations, catalogues or other
claim made more than six (6) months Sale of Spare Parts. materials provided by the Contractor
after completion of the Work. The are for reference only and are not to be
Customer carries the risk for its 15. FORCE MAJEURE relied upon by the Customer as
equipment and other goods in containing any representations,
connection with the work, even if the Neither Customer nor Contractor shall warranties, or indemnities, unless
equipment or goods are in the be considered in default of or liable expressly agreed to in writing by the
Contractors buildings or other under the Contract to the extent of Contractor. All such disclosed data
facilities. respective party can establish the shall be treated as confidential and
fulfillment of its Contract obligations shall not be disclosed to a third party
In no case shall the liability of has been prevented by an event of without the Contractors written
Contractor inure to damages that could Force Majeure. consent.
not have been foreseen by the
Contractor at any time the Contract is Either party claiming a Force Majeure 17. LAW AND ARBITRATION
issued. Notwithstanding any other event shall be under a duty to
provision of the Contract or immediately inform in writing the other All disputes arising between the
Conditions, the maximum liability of party and take all necessary measures Customer and Contractor shall be
to mitigate the loss which has occurred, settled through friendly consultation

SIMPLEX AMERICAS, LLC 4

20 Bartles Corner Road
Flemington, NJ 08822-5717
Tel: (908) 237-9099
Fax: (908)237-9503
 SIMPLEX AMERICAS, LLC

GENERAL TERMS AND CONDITIONS

TECHNICAL PERSONNEL FOR SERVICE AND OTHER WORK (2013)
between the parties. In the event that
such consultations are not successful in
achieving an agreed resolution of a
dispute, such dispute shall e decided by
final and binding arbitration in New
Brunswick, New Jersey (or other such
location mutually acceptable to the
parties) in accordance with the then
prevailing arbitration rules of the
American Arbitration Association. The
arbitration proceedings shall be in the
English language.

This Contract shall be governed by and

interpreted in accordance with the laws
of the State of New Jersey, excluding
its conflict of law rules. Nothing
contained in this Clause 17 shall
preclude the Contractor from brining
any legal suit, action or proceeding
against the Customer in the courts of
any jurisdiction where the Customer or
any of its property or assets may be
found or located; pursuant to and to the
extent permitted by the applicable laws
of such Jurisdiction, the Customer
hereby irrevocably submits to the
jurisdiction of any such court.

Accepted by:

Date

Name and Title

Company

SIMPLEX AMERICAS, LLC 5

20 Bartles Corner Road
Flemington, NJ 08822-5717
Tel: (908) 237-9099
Fax: (908)237-9503