In these General Terms and Conditions of Sale, 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.
Buyer: the natural or legal person who enters into an agreement with Jachtcentrale regarding a vessel or part of a vessel.
Vessel: an object equipped 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 apply to every offer and every contract of sale of vessels or parts, including outboard and inboard engines, thereof.
The Dutch text of these General Conditions is the authentic text and prevails over translations of these General Conditions.
If the buyer makes an offer to Jachtcentrale, Jachtcentrale has twenty-four hours to accept this offer, unless another period is agreed.
The buyer has the possibility, at his own risk, to make a trial run with the vessel. The buyer and the persons making a trial run with him/her must have sufficient swimming ability, if not, a life jacket must be worn.
In the event that the vessel used for a sea trial is a vessel for which a sailing licence is required by law, the buyer will submit his/her licence to Jachtcentrale before making the sea trial.
The buyer is fully liable for any damage caused to the vessel during the sea trial and any damage caused to third parties during the sea trial.
The agreement is concluded by acceptance of the offer.
The agreement is recorded in writing or electronically. The agreement is provided with these General Terms and Conditions.
In the agreement it can be agreed that Jachtcentrale will sail the vessel to the new berth, possibly for a fee. This is at the expense and risk of the buyer; the buyer should have adequately insured the vessel prior to sailing over.
It can be agreed in the agreement that Jachtcentrale will transport the vessel, possibly for a fee, by truck to the agreed location. This for the account and risk of the purchaser, the purchaser must have adequately insured the vessel prior to transport.
Vessels and parts are bought in the state as they are at the time. The buyer has a duty to investigate the quality and condition of the entire vessel and/or component. This obligation to examine also includes the electronics on board.
Vessels and parts are sold without warranty unless expressly agreed otherwise and recorded in writing on the contract. This guarantee is limited to a 'Huisvaar guarantee', which means that the vessel meets at least all technical requirements to be able to be sailed by the buyer to the new berth, within the Netherlands. No other guarantee can be agreed.
Huisvaar's guarantee applies only to the hull and propulsion. Jachtcentrale will repair the defect, replace any broken parts, or take back the vessel for the purchase price.
The guarantee expires if; a: work or changes to the vessel and or parts have taken place, b: the buyer does not inform Jachtcentrale immediately after discovering the defect, c: Yacht Centre is not given the opportunity to repair the defect.
In case of calamities during the first sailing trip with a vessel, the buyer should moor the vessel at a safe place, preferably in a port, so that Jachtcentrale has the opportunity to investigate and possibly repair the cause.
Jachtcentrale is never liable for any damage or consequential damage caused by a bacterium or other type of pollution in the fuel tank.
The vessel and/or parts remain the property of Jachtcentrale until the full purchase price has been paid.
In case of acceptance of the offer, a down payment will be made by the buyer within twenty-four hours, to compensate for the reservation of the vessel and/or parts for the buyer.
The remaining amount will be paid prior to taking the vessel and/or parts, but at the latest within seven days, unless a different payment period has been agreed in the contract. In the event that the remaining amount is not paid on time, Jachtcentrale has the option to offer the vessel and/or parts to other interested buyers. In that case, the buyer is not entitled to a refund of the down payment.
The buyer will ensure that the vessel is insured from the moment of payment.
In case a cash payment of €10,000 or higher is made, Jachtcentrale is obliged under the Wwft to conduct an investigation into the buyer and the origin of the money. This requires a copy of the buyer's proof of identity. All data concerning the agreement and the buyer will then be reported to FIU-the Netherlands in case of a cash payment over € 20,000.
In the event of cancellation of a purchase of a vessel and/or parts, Jachtcentrale is entitled to retain the amount paid in advance.
The buyer has the possibility to store the vessel at Jachtcentrale until fourteen calendar days after the conclusion of the agreement. It is not permitted to use the storage as a mooring place, which means that no pleasure trips can be made with the vessel, or work can be carried out on the vessel, unless otherwise agreed.
The storage of a vessel at Jachtcentrale is at the expense and risk of the buyer. The vessel must be insured for this purpose.
If it is not possible for the buyer to arrange a berth for the vessel within fourteen calendar days, the storage at Jachtcentrale can be extended. This is subject to a price of €1.00 per running metre, per day. The storage fee is to be paid weekly in advance.
In case Jachtcentrale or the purchaser cannot fulfil its obligations due to force majeure, these obligations will be suspended for the duration of the force majeure situation.
Jachtcentrale and the purchaser will inform each other as soon as possible of a (possible) force majeure situation.
In case of force majeure the purchaser is not entitled to any (damage) compensation.
These General Terms and Conditions and all agreements concluded with Jachtcentrale are governed by Dutch law.