Email: info@dutchyachtconsultancy.com
Website: www.dutchyachtconsultancy.com

Definitions

• Dutch Yacht Consultancy: Dutch Yacht Consultancy, established in Gouda, Merlijnstraat 78, 2805VM, Chamber of Commerce no. 86731726
• Customer: the party with whom Dutch Yacht Consultancy has entered into an agreement
• Parties: Dutch Yacht Consultancy and customer together
• Client: a client who is a person acting for private or business purposes.

Applicability

1. These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Dutch Yacht Consultancy.
2. The parties can only deviate from these terms and conditions if they have expressly agreed to this in writing.
3. The parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the customer or of third parties.

Praise

1. All prices used by Dutch Yacht Consultancy are in euros, are exclusive of VAT, and exclusive of any other costs such as administration costs, levies and travel, shipping or transport costs, plus the hiring of external specialists unless expressly stated otherwise or otherwise agreed.
2. Dutch Yacht Consultancy is entitled to adjust all prices for its products or services, shown in its office, on its website or otherwise, at any time.
3. The price related to services is determined by Dutch Yacht Consultancy based on the actual working hours.
4. The price is calculated according to the usual hourly rates of Dutch Yacht Consultancy, valid for the period in which he performs the work, unless another hourly rate has been agreed.
5. If the parties have agreed on a total price for a service provided by Dutch Yacht Consultancy, this is always a target price, unless the parties have expressly agreed in writing on a fixed price, which cannot be deviated from.
6. Dutch Yacht Consultancy is entitled to deviate up to 10% from the target price.
7. If the target price is higher than 10%, Dutch Yacht Consultancy must inform the customer in good time why a higher price is justified.
8. If the target price is higher than 10%, the customer has the right to cancel the part of the order that exceeds the target price by 10%.
9. Dutch Yacht Consultancy has the right to adjust the prices annually.
10. Dutch Yacht Consultancy will communicate price adjustments to the customer prior to the moment the price increase takes effect.
11. The customer has the right to dissolve the agreement with Dutch Yacht Consultancy if he does not agree with the price increase.

Payments and payment terms

1. Dutch Yacht Consultancy may require a down payment of up to 50% of the agreed amount or pre-calculated working hours when concluding the agreement
2. The customer must have paid the full amount within 7 days after order confirmation and consultancy agreement.
3. Payment terms are considered fatal payment terms. This means that if the customer has not paid the agreed amount no later than the last day of the payment term, he is in default by operation of law, without Dutch Yacht Consultancy having to send the customer a reminder or bring it into default.
4. Dutch Yacht Consultancy reserves the right to make a delivery subject to immediate payment or to require sufficient security for the total amount of the services or products.

Consequences of late payment

1. If the customer does not pay within the agreed term, Dutch Yacht Consultancy is entitled to charge an interest of 2% per month for non-commercial transactions and an interest of 8% per month for commercial transactions from the day the customer is in default, whereby part of a month is charged for a whole month.
2. If the customer is in default, he also owes extrajudicial collection costs and may be obliged to pay any compensation to Dutch Yacht Consultancy.
3. The collection costs are calculated on the basis of the Extrajudicial Collection Costs Fee.
4. If the customer does not pay on time, Dutch Yacht Consultancy may suspend its obligations until the customer has fulfilled his payment obligation.
5. In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of Dutch Yacht Consultancy against the customer are immediately due and payable.
6. If the customer refuses to cooperate with the execution of the agreement by Dutch Yacht Consultancy, he is still obliged to pay the agreed price to Dutch Yacht Consultancy.

Suspension of obligations by the customer

The customer waives the right to suspend the performance of any obligation arising from this agreement.

Set-off

The customer waives his right to set off any debt to Dutch Yacht Consultancy against any claim against Dutch Yacht Consultancy.

Insurance

1. The customer undertakes to adequately insure and keep insured against fire, explosion and water damage as well as theft:
   • delivered goods that are necessary for the execution of the underlying agreement
   • goods owned by Dutch Yacht Consultancy and present on the customer’s premises
   • goods delivered under retention of title
2. At the first request of Dutch Yacht Consultancy, the customer provides the policy for these insurances for inspection.

Guarantee

When the parties have entered into an agreement with services included, these services only contain best efforts obligations for Dutch Yacht Consultancy, not performance obligations.  

Execution of the agreement

1. Dutch Yacht Consultancy executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good craftsmanship.
2. Dutch Yacht Consultancy has the right to have the agreed services (partially) performed by third parties.
3. The execution of the agreement takes place in mutual consultation and after written agreement and payment of any agreed advance by the customer.
4. It is the responsibility of the customer that Dutch Yacht Consultancy can start the execution of the agreement in time.
5. If the customer has not ensured that Dutch Yacht Consultancy can start the execution of the agreement on time, the resulting extra costs and / or extra hours will be charged to the customer.

Obligation to provide information by the customer

1. The customer shall make all information, data and documents relevant to the correct execution of the agreement available to Dutch Yacht Consultancy in a timely manner and in the desired form and manner.
2. The customer guarantees the accuracy, completeness and reliability of the information, data and documents made available, even if they come from third parties, unless otherwise due to the nature of the agreement.
3. If and insofar as the customer requests this, Dutch Yacht Consultancy will return the relevant documents.
4. If the customer does not provide the information, data or documents reasonably requested by Dutch Yacht Consultancy on time and properly and the execution of the agreement is delayed as a result, the resulting extra costs and extra hours will be charged to the customer.

Duration of the service agreement

1. The agreement between Dutch Yacht Consultancy and the customer is entered into for the duration of 3 months, unless the nature of the agreement indicates otherwise or if the parties have expressly agreed otherwise in writing.
2. If a fixed-term contract has been entered into, it will be tacitly converted into an indefinite contract at the end of the term. If a customer terminates the agreement with due observance of a notice period of 1 calendarmonth, as a result of which the agreement ends earlier than the end of the fixed agreed term. Cancellations can only be accepted if they have been received in writing from Dutch Yacht Consultancy with 1 calendar month’s notice.
3. If the parties have agreed on a deadline for the completion of certain work, this is never a deadline, unless expressly stated otherwise in writing. If this period is exceeded, the customer must give Dutch Yacht Consultancy a reasonable written period to terminate the work before it can dissolve the agreement or claim compensation.

Confidentiality

1. The client keeps all information he receives (in whatever form) from Dutch Yacht Consultancy confidential.
2. The same applies to all other information concerning Dutch Yacht Consultancy that he knows or can reasonably suspect is secret or confidential, or whose disclosure he may expect to cause damage to Dutch Yacht Consultancy.
3. The customer shall take all necessary measures to ensure that he keeps the information referred to in paragraphs 1 and 2 confidential. Dutch Yacht Consultancy takes all the necessary measures to prevent or prevent leaks to the press/third parties, all employees of Dutch Yacht Consultancy have signed a duty of retention.
4. The obligation of confidentiality described in this article does not apply to information:
   • that had already been made public before the customer heard this information or that later became public
   • without being the result of a breach of the customer’s duty of confidentiality
   • which is made public by the customer due to a legal obligation
5. The confidentiality obligation described in this article applies for the duration of the underlying agreement and for a period of 3 years after its end.

Sanctions

1. If the customer violates the articles of these general terms and conditions about confidentiality or intellectual property, he will forfeit on behalf of Dutch Yacht Consultancy an immediately due and payable fine of € 1000 if the client is a customer and € 5,000 if the customer is a company, for each violation and in addition an amount of 5% of the amount for each day that this violation continues.
2. The forfeiture of the fine referred to in the first paragraph of this Article shall not require actual damage, prior notice of default or legal proceedings.
3. The forfeiture of the fine referred to in the first paragraph of this article is without prejudice to the other rights of Dutch Yacht Consultancy, including its right to claim compensation in addition to the fine.

Protection

The customer indemnifies Dutch Yacht Consultancy against all claims from third parties related to the products and/or services supplied by Dutch Yacht Consultancy.

Complaints

1. The customer must examine a product or service supplied by Dutch Yacht Consultancy as soon as possible for any shortcomings.
2. If a delivered product or service does not meet what the customer could reasonably expect from the agreement, the customer must inform Dutch Yacht Consultancy as soon as possible, but in any case within 1 month after discovery of the shortcomings.
3. Customers must inform Dutch Yacht Consultancy of this within two months after the shortcomings have been detected.
4. The customer provides as detailed a description as possible of the shortcomings, so that Dutch Yacht Consultancy can respond adequately.
5. The customer must demonstrate that the complaint relates to an agreement between the parties.
6. If a complaint relates to ongoing work, this can in any case not lead to Dutch Yacht Consultancy being forced to perform other activities than agreed.

Recite

1. The customer must give Dutch Yacht Consultancy written notice of default.
2. It is the responsibility of the customer that a notice of default reaches Dutch Yacht Consultancy (in time).

Joint and several liability of the Customer If Dutch Yacht Consultancy enters into an agreement with several customers, each of them is jointly and severally liable for the full amounts owed to Dutch Yacht Consultancy under that agreement.

Liability of Dutch Yacht Consultancy

1. Dutch Yacht Consultancy is only liable for any damage suffered by the customer if and insofar as this damage is caused by intent or gross negligence.
2. If Dutch Yacht Consultancy is liable for any damage, it is only liable for direct damage resulting from or related to the execution of an agreement.
3. Dutch Yacht Consultancy is never liable for indirect damage, such as consequential damage, loss of profit, missed savings or damage to third parties.
4. If Dutch Yacht Consultancy is liable, its liability is limited to the amount paid out by a (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage, the amount of the liability is limited to the (part of the) invoice to which the liability relates.
5. All images, photos, colours, drawings, descriptions on the website or in a catalogue are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Expiry period

Any right of the customer to compensation from Dutch Yacht Consultancy expires in any case within 12 months after the event from which the liability arises directly or indirectly.  This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.  

Dissolution

1. The customer has the right to dissolve the agreement if Dutch Yacht Consultancy imputably fails to fulfil its obligations, unless this shortcoming does not justify dissolution due to its special nature or because it is of minor importance.
2. If the fulfillment of the obligations by Dutch Yacht Consultancy is not permanently or temporarily impossible, dissolution can only take place after Dutch Yacht Consultancy is in default.
3. Dutch Yacht Consultancy has the right to dissolve the agreement with the customer if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give Dutch Yacht Consultancy good reason to fear that the customer will not be able to properly fulfill his obligations.

Force majeure

1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, a shortcoming of Dutch Yacht Consultancy in the fulfillment of any obligation towards the customer cannot be attributed to Dutch Yacht Consultancy in any situation independent of the will of Dutch Yacht Consultancy, if the fulfillment of its obligations towards the customer is prevented in whole or in part or if the fulfillment of its obligations cannot reasonably be required of Dutch Yacht Consultancy.
2. The force majeure situation referred to in paragraph 1 shall also apply – but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defects and force majeure of suppliers, delivery drivers or other third parties; unexpected failures of power, electricity, internet, computer or telecom; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
3. If a situation of force majeure occurs as a result of which Dutch Yacht Consultancy cannot fulfil one or more obligations towards the customer, these obligations will be suspended until Dutch Yacht Consultancy can comply with them.
4. From the moment a force majeure situation has lasted at least 30 calendar days, both parties can dissolve the agreement in writing in whole or in part.
5. Dutch Yacht Consultancy does not owe (damage) compensation in a situation of force majeure, even if it has obtained any advantage as a result of the force majeure situation.

Amendment of the agreement If, after the conclusion of the agreement and before its execution, it proves necessary to change or supplement its content, the parties will adjust the agreement accordingly in good time and in mutual consultation.

Changes to the terms and conditions

1. Dutch Yacht Consultancy is entitled to change or supplement these general terms and conditions.
2. Minor changes can be made at any time.
3. Major substantive changes are discussed by Dutch Yacht Consultancy with the customer as much as possible in advance.
4. Customers have the right to cancel the agreement in the event of a substantial change to the general terms and conditions.

Transfer of rights

1. The customer cannot transfer his rights from an agreement with Dutch Yacht Consultancy to third parties without the prior written consent of Dutch Yacht Consultancy.
2. This provision applies as a clause with a property law effect as referred to in Article 3:83 paragraph 2 of the Dutch Civil Code.

Consequences of nullity or voidability

1. If one or more provisions of these general terms and conditions prove to be null and void or voidable, this does not affect the other provisions of these terms and conditions.
2. In that case, a provision that is void or voidable will be replaced by a provision that comes closest to what Dutch Yacht Consultancy had in mind when drawing up the relevant conditions.

Applicable law and competent court

1. All agreements between the parties are exclusively governed by Dutch law.
2. The Dutch court in the district where Dutch Yacht Consultancy is located has exclusive jurisdiction in the event of disputes between the parties, unless the law prescribes otherwise.

Attribution Prepared on October 1, 2022.