In these General Purchase Conditions, the following definitions apply:
Jachtcentrale: the trade name of Floris Watersport B.V. registered with the Chamber of Commerce under file number: 50126040 established at: Scharlo 8, 5165 NG Waspik, which trade name is aimed at the purchase and sale of vessels or parts of vessels in the higher segment.
Seller: the natural or legal person who enters into an agreement with Jachtcentrale regarding a vessel or part of a vessel.
Vessel: an object fitted out to stay on and move around on water, including the equipment and inventory forming part thereof, as well as a hull or vessel under construction.
Electronic: by e-mail, telephone or website.
All vessels and/or parts are offered as margin goods, unless otherwise agreed.
These General Conditions of Purchase apply to every offer and every purchase agreement of vessels or parts, including outboard, and inboard engines, thereof.
The Dutch text of these General Purchase Conditions is the authentic text and prevails over translations of these General Purchase Conditions.
All vessels and/or parts are purchased as margin goods, unless otherwise agreed.
If the seller makes an offer to Jachtcentrale, Jachtcentrale has twenty-four hours to accept this offer, unless another period is agreed.
Jachtcentrale has the possibility, at its own risk, to make a trial run with the vessel.
The seller guarantees that he/she is entitled to sell the vessel and/or parts. Yacht Central will pass all communication through the seller.
The seller delivers the vessel in unconditional ownership, free from mortgages and encumbrances and from registrations thereof and free from debts and or obligations of any kind, including harbour debts. The seller indemnifies Jachtcentrale against any claims by third parties.
The purchase agreement is concluded by acceptance of the offer.
The purchase agreement is recorded in writing or electronically. The purchase agreement is provided with these General Purchase Conditions.
All yard-built vessels built after 1997 must have a CE mark with declaration of conformity. If this is missing, Jachtcentrale will deduct the costs for an application for this from the purchase price. There should also be a VAT declaration.
Fast motorboats, i.e. all vessels that sail faster than 20 km per hour, should be registered with the RDW.
After signing the purchase agreement the vessel is insured by Jachtcentrale.
Jachtcentrale takes care of the transport of the vessel at its own expense and risk.
Jachtcentrale buys the vessel and the parts in the state as they are at that moment. Jachtcentrale has an obligation to investigate the quality and condition of the entire vessel and/or parts. To this end, the seller shall provide Yacht Central with all necessary information and answer all questions in good faith.
The seller will not apply any retention of title towards Jachtcentrale.
Yacht Central may make a down payment as confirmation of the sale. After the down payment has been made, the purchase is irreversible.
Jachtcentrale will make payments, within forty-eight hours, by bank, unless otherwise agreed.
In case the seller cancels the sale, after Jachtcentrale's offer has been accepted, Jachtcentrale is entitled to charge the seller an expense allowance.
In the event that Jachtcentrale or the seller cannot fulfil its obligations due to force majeure, these obligations will be suspended for the duration of the force majeure situation.
Yacht Central and the Seller will inform each other as soon as possible of a (possible) force majeure situation.
In case of force majeure, the seller is not entitled to any (damage) compensation.
These General Purchase Conditions and all agreements concluded with Jachtcentrale are governed by Dutch law.