Terms & conditions
This translation is for your convenience, the Dutch version is leading.
General
These Terms and Conditions of Sale and Delivery are understood to mean:
Contractor: The entrepreneur who applies these conditions and who is a member of FNV Zelfstandigen.
Client: The contractual counterparty of the self-employed entrepreneur.
These conditions apply to all offers from the Contractor, to all agreements that the Contractor concludes and to all agreements that may result from this.
The Contractor expressly rejects the applicability of any general terms and conditions of the Client.
Offer and conclusion of agreement
An agreement is concluded when the Contractor sends a written confirmation of the order or assignment from the Client.
All offers from the Contractor are without obligation.
If the Client provides the Contractor with data, drawings, etc., the Contractor may assume that this is correct and will base its offer on this.
Price
The contractor is entitled to increase the agreed price in the interim, if and insofar as unforeseen cost-increasing circumstances (such as VAT/taxes) arise after the conclusion of the agreement or after sending the offer.
The price does not include travel and accommodation costs, as well as all other costs and advances.
Advice, designs and materials
The Client cannot derive any rights from advice from the Contractor that does not relate to the assignment given.
The Client is responsible for the information provided by or on behalf of him, descriptions of sailing time, sailing experience and vessel, designs and drawings, as well as for the suitability of the materials provided by or on behalf of him.
Intellectual Property
The contractor retains at all times all rights to plans, documents, images, drawings, software and/or the related information and know-how made by it.
Without written permission from the Contractor, they may not be copied in whole or in part, nor shown, made available to third parties or otherwise made known, nor used or made available by the Client other than for the purpose for which they were provided by the Client. have been provided to the Contractor.
The Client indemnifies the Contractor against infringements of intellectual property rights of third parties.
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Delivery
The work is considered to have been completed if the Client has received the RYA certificates, has put the work into use, has approved the work, or if the Client does not object to this within 14 days after the Contractor has informed him in writing that the work is ready. made.
The work is also considered to have been completed if the Client withholds its approval on the grounds of minor defects that can be repaired within 30 days and which do not prevent the work from being put into use.
Delivery time
The delivery time stated by the Contractor always applies as an approximation, whereby the Contractor has always assumed that he can carry out the assignment under the conditions as known to him when the delivery time was stated.
The delivery time starts when all necessary and agreed conditions for execution of the order have been met.
If the conditions referred to in the first paragraph prove to be different, the Contractor can extend the delivery time by the time he needs to carry out the order under the changed conditions.
If there is additional work, the Contractor can extend the delivery time accordingly.
If the Contractor is entitled to suspend, the delivery time will be extended accordingly.
If there is unsafe weather, the training will be continued at a later time, possibly at a different location and/or another boat.
Impracticability of the assignment
The contractor has the right to suspend the agreed work if he is temporarily prevented from fulfilling his obligations due to circumstances beyond his control or of which he was or could not have been aware when concluding the agreement.
Shortcomings by suppliers, strikes and work stoppages, weather influences, theft or other ways of losing materials are in any case circumstances as referred to in the previous paragraph.
If compliance becomes permanently impossible, the agreement can be terminated for that part that has not yet been fulfilled. In that case, the Client is not entitled to compensation for the damage suffered as a result of the dissolution.
Changes to the assignment
If the scope of the assignment given to the Contractor changes for any reason after the conclusion of the relevant agreement, the Contractor is entitled to charge any additional work to the Client.
Additional work also occurs if the information provided by the Client does not correspond to reality. Additional work is calculated based on price-determining factors at the time the additional work is performed. Less work is calculated on the basis of price-determining factors at the time the agreement is concluded.
If the Client does not fulfill any obligation arising from the agreement concluded with the Contractor, or does not do so properly or in a timely manner, as well as in the event of bankruptcy, suspension of payments or placement under guardianship of the Client or closure or liquidation of its company, the Contractor is entitled to cancel the agreement in whole or in full. to partially dissolve, or to suspend the (further) execution of the agreement. In those cases, the contractor is furthermore entitled to immediately demand payment of what is due to it.
Retention of title
After delivery, the Seller remains the owner of the delivered goods as long as the Buyer:
- fails or will fail in the fulfillment of its obligations under this agreement or other concluded agreements;
- does not pay or will not pay for the goods delivered or goods yet to be delivered;
- claims arising from failure to comply with the above agreements, such as damages, fines, interest and costs.
Until the moment of transfer of ownership, the Buyer is obliged to exercise the utmost care with regard to the goods.
The buyer is obliged to insure the goods against all possible risks that these goods may undergo from their delivery.
As long as there is a retention of title on the delivered goods, the buyer is not entitled to dispose of them in whole or in part.
As long as there is a retention of title on the delivered goods, the Buyer may not encumber them outside its normal business operations.
In the event of seizure or any other interference by third parties, the Buyer is obliged to immediately warn the Seller.
If the Seller cannot invoke its retention of title because the delivered goods have been mixed, deformed or traced, the buyer is obliged to pledge the newly formed goods to the Seller.
After the Seller has invoked its retention of title, it may retrieve the delivered goods. Buyer allows Seller to enter the place where these items are located.
In all cases in which the Seller has to invoke the retention of title, the Seller is entitled to retain the advances received from the Buyer in whole or in part as compensation for damage suffered or to be suffered by it.
Liability
The Contractor is only liable for damage suffered by the Client that is the direct and exclusive result of a shortcoming attributable to the Contractor, on the understanding that compensation is only eligible for damage against which the Contractor is insured, or reasonably, given the prevailing industry practices should have been insured, subject to the following restrictions.
Business damage, loss of income and the like, regardless of the cause, are not eligible for compensation.
The contractor is not liable for damage (of any kind) caused by or during the execution of the work or the assembly of delivered goods or installations to goods that are being worked on or to goods that are located in the vicinity of the place where work is being carried out. is becoming.
The Contractor is never liable for damage caused by intent or gross negligence of third parties.
The damage to be compensated by the Contractor will be moderated if the price to be paid by the Client is small in relation to the extent of the damage suffered by the Client.
If the Contractor's insurer does not pay out for whatever reason, the Contractor's liability will at all times be limited to a maximum of twice the contract price.
Applicable law
Dutch law is applicable. In the event of disputes, the Dutch court has jurisdiction.