Terms and conditions


Article 1 definitions
In these terms and conditions the following terms with the following meaning are used, unless it has been indicated explicitly or becomes clear from the context: a. Van Baars expert pleasure vessels: the user of these general conditions: Van Baars expert pleziervaartuigen established at the Duinweg 131 at Schoorl, registered at the chamber of commerce under number 37126145; b. constituent: the natural or legal person for which Van Baars expert pleziervaartuigen performs services, or with whom Van Baars expert pleziervaartuigen has an agreement; c. agreement: the agreement between Van Baars expert pleziervaartuigen and the constituent; d. survey: the research which Van Baars expert pleziervaartuigen carries out to state the condition of the pleasure vessel of the constituent; e. pleasure vessel: a ship which is intended for sports or free time, with a fuselage length of minimum 2.5 meter and maximum 24 meters.

Article 2 general
2.1 These terms and conditions apply to every agreement between Van Baars expert pleziervaartuigen and the constituent.
2.2 These terms and conditions also apply on all agreements with Van Baars expert pleziervaartuigen, for when third parties must be involved.
2.3 Possible deviations on these terms and conditions are only valid  if these have been corresponded explicitly either written or electronically.
2.4 The possible purchase of these terms and conditions is explicitly rejected.
If one or more of the provisions in these general conditions have been destroyed, the remaining provisions of these general conditions remain of application. Van Baars expert pleziervaartuigen and the constituent will enter into consultation in order to substitute c.q to agree on new provisions, where  the aim and scope is the same the original provision as much as possible.

Article 3 offers and quotations
3.1 All offers and quotations are without engagement, unless a period for acceptence has been laid down.
3.2Van Baars expert pleziervaartuigen cant be kept to its offer, quotations or publications if the constituent can reasonably understand that the offers, quotation or  publication, or a component of it, contains a  mistake or something wrongly written.
3.3 If a task is offered on the basis of costs, the offered prices only serve as a guidance, the effective costs Van Baars expert pleziervaartuigen has made will be charged.
3.4 If the acceptance (on subordinate points) deviates in form from tendered offer, Van Baars expert pleziervaartuigen is not bound to that. The agreement does not come about then in accordance with this derogatory acceptance.
3.5 A composed task does not oblige Van Baars expert pleziervaartuigen to performing a part of the task  in accordance with part of the given price.
3.6 Offers and quotations do not automatically apply to future tasks.

Article 4 production of the agreement
4.1 Agreements and modifications of it come about the moment the constituent has in writing accepted these by means of sending a task affirmative or the moment Van Baars expert pleziervaartuigen actually starts with the implementation.
4.2 Van Baars expert pleziervaartuigen is under no obligation to commence with the implementation of the agreement, before the constituent has signed the agreement and returned it to Van Baars expert pleziervaartuigen.
Van Baars expert pleziervaartuigen ls is always entitled ask the constituent to provide sufficient collateral for complying with his  payment obligation (presence and / or future). Van Baars expert pleziervaartuigen is authorized to suspend further implementation of the agreement until the requested collateral has been provided.

Article 5 implementation of the agreement
5.1 all obligations of Van Baars expert pleziervaartuigen arising from the agreement are effort obligations.
5.2 Van Baars expert pleziervaartuigen will carry out the agreement to best insight and capacity and in accordance with the requirements of good skill discretion.
5.3 If  agreed that implementation will be carried out  in phases, Van Baars expert pleziervaartuigen can suspend implementation of the next phase until constituent has approved of the results of the preceding phase.

Article 6 expertise
6.1 Van Baars expert pleziervaartuigen stipulate how expertise is carried out.
6.2 if the agreement exists that Van Baars expert pleasure vessels examines the state of the hull thickness of steels or aluminum, a hammer test is used. The constituent must take into account there damage can occur locally to a bad condition of the hull. This  risk is for the constituent. If there is reason for this the hammer test will be done and measured locally. Measuring the fuselage of steel and aluminum ships is as a rule only possible if the painting layer on the performance place is removed. The constituent himself must ensure that this painting layer is updated after the test. The hull thickness is measured on a very small surface. Such a measuring gives an impression of the local hull thickness, but gives the restriction that Van Baars expert pleziervaartuigen cant determine the hull thickness of the whole surface. Van Baars expert pleziervaartuigen can thus never exclude that at a later stage  repairs to the skin must be carried out. Also is possible at places where because of the interior like ballast, concrete or tanks the hull thickness can not be assessed of the assessment is only limited. Measuring the hull thickness from the inside is generally not possible.
6.3 if the agreement exists that Van Baars expert pleasure vessels do research to the fuselage of a polyester ship, then it is examined closely if there is talk of de-lamination and/or visible blister shaping of osmosis. This is a snapshot. At an increased quantity of water in the laminate blister shaping can appear at a later time. A light form of blister shaping under thick painting layers cannot be researched without destruction.
6.4 Van Baars expert pleziervaartuigen determines the time of expertise.
Van Baars expert pleziervaartuigen performs expertise in conformity with the aim of expertise, communicated by the constituent, (condition testing, research, appraisal etc.). The results of expertise are not suitable for some other aim then the aim for which expertise is performed.

Article 7 cooperation with third parties
Van Baars expert pleziervaartuigen  will involve experts if it is necessary  to complete the task correctly. Van Baars expert pleziervaartuigen will inform the constituent in advance. If integrating third parties itself brings in extra cost for the constituent, authorization of the constituent must be obtained in advance, unless differently agreed upon.

Article 8 costs of activities of executive parties
Report made by Van Baars expert pleziervaartuigen indicates the cost it estimates of activities of executive parties and are not meant as a budget. Although it is tried give as an estimate precise as possible, no rights can be derived from the prices laid down in the report.

Article 9 obligations of the constituent
9.1 the constituent has the obligation to check the contents of the report established by Van Baars the expert pleziervaartuigen, check the recommendations on correctness and report any modifications and / of comments within 14 days after receiving the report.
9.2 the constituent ensures that all data, documents, equipment or spaces of which Van Baars expert pleziervaartuigen indicates that these are necessary, or of what the constituent can reasonably understand that these are necessary for the implementation of the agreement,  are present
9.3 the constituent guarantees that the information available/supplied ( data, specifications etc.) are correct and complete.
9.4 the constituent must refrain from behavior which it makes it  impossible for Van Baars expert pleziervaartuigen to  properly carry out the task
9.5 Van Baars expert pleziervaartuigen assumes that the constituent has already complied with all legal obligations.
9.6 the constituent protects Van Baars expert pleziervaartuigen in being held liable by third parties, who suffer damage concerning the implementation of the agreement for which  the constituent is accountable.
9.7 if the constituent has not met its obligation formulated in this Article, Van Baars expert pleziervaartuigen has the right to suspend the implementation of the agreement and/or has the right to charge the extra costs to the constituent according to the usual tariffs.
the constituent himself takes the decisions, on the basis of the brought out recommendation of Van Baars expert pleziervaartuigen, or not. When the constituent has a contract with a third party he has to: a. intent to conclude this contract; b. know the  contents of this contract; c. sign the contract.

Article 10 modification of the agreement
10.1 If it appears that, during the implementation of the agreement, it is necessary to modify the activities in order to perform or complete the agreement, both parties will adapt swiftly and in mutual consultation.
10.2 If parties agree that the agreement is modified, it is possible that the implementation and the time of completion of as a result, is influenced. Van Baars expert pleziervaartuigen will inform the constituent as soon as possible.
10.3 If the modification on the agreement has financial and/or qualitative consequences, Van Baars expert pleziervaartuigen will inform the constituent about this in advance.
10.4 Contrary to paragraph 3 of this Article Van Baars expert pleasure vessels will charge no incremental costs if the modification or supplement is the consequence of circumstances which can be attibuted to Van Baars expert pleziervaartuigen.

Article 11 fee
11.1 Parties can only come to agreements about the fee of the agreements written or via e-mail
11.2 If no fixed fee is agreed, the fee will be determined on the basis of the tariffs of Van Baars expert pleasure vessels. The fee is calculated according to the usual tariffs of Van Baars expert pleziervaartuigen, appropriate for the period in which the activities were  performed, unless a derogatory tariff has been corresponded.
11.3 Van Baars expert pleziervaartuigen is authorized  to increase the charge if Van Baars expert pleziervaartuigen can show that between the moment of offer and finished product, the tariffs with respect to for example remunerations have considerably increased.
11.4 Van Baars expert pleziervaartuigen has the right to raise the fee when it appears the initially corresponded or expected quantity of work was insufficiently assessed at closing the agreement, and this is not accountable to Van Baars expert pleziervaartuigen, then Van Baars expert pleziervaartuigen cannot be expected to perform the agreed activities to the initially agreed fee.
11.5 The constituent is entitled, in case of a price increase or if the fee or tariff is raised, to dissolve the agreement within 3 months after contracting the agreement. The constituent is not entitled to dissolution if the increase results of the fee or tariff from a competence in pursuance of the law.
11.6 Van Baars expert pleziervaartuigen will announce the fee or tariff increase  in writing or electronically. Van Baars expert pleziervaartuigen shall mention the scope and the date on which the increase will start.

Article 12 annulment
If the constituent cancels the task entirely or partially before van Baars expert pleziervaartuigen has started with the task, Van Baars expert pleziervaartuigen has the right for compensation of all costs already made.

Article 13 Periods of implementation
13.1 The by Van Baars expert pleziervaartuigen given periods within which expertise will be carried are not binding.
13.2 In a case of which a period of implementation, proffered by Van Baars expert pleziervaartuigen, is exceeded, Van Baars expert pleziervaartuigen can be only make one reproach as far as to its do such an overshooting and/or leave can be attributed to Van Baars expert pleziervaartuigen.
13.3 In the event that the agreed period of implementation are exceeded by Van Baars expert pleziervaartuigen as a result of an event, which in fact lies outside its power and/or let can be attributed as a result of an event, like further defined in Article 19 of these general conditions, this period is automatically extended with the period that  was exceeded as a result of such an event.

Article 14 Payment
14.1 Payment must occur within 30 days after the invoice date, in the currency in which has been declared.
14.2 If the constituent is in default of the payment within the period of 30 days, the payment is then chargeable with legal interest. The interest concerning chargeable amount will be calculated as from the moment that the constituent in absence up to the moment of satisfaction of the complete invoice amount. If the constituent stays away after summation and is negligent to satisfy in the progress, Van Baars expert pleziervaartuigen can motivate court to handle the case, in which case the constituent pays besides the then chargeable total amount and the legal interest compensation for all judicial and extra judicial costs.
14.3 In case of liquidation, bankruptcy, seizure or suspension of payment of the constituent the progress of Van Baars expert pleziervaartuigen on the agreement is immediately claimable.
14.4 Van Baars expert pleziervaartuigen can keep all received or generated matter, capacity rights, data, documents, data bases, in spite of an existing obligation to issuing, until the constituent has paid all chargeable amounts.

Article 15 Complaints
15.1 Complaints concerning the performed activities must be made recognizable by the constituent directly after discovery to Van Baars expert pleziervaartuigen. The neglect must be given with full details and a description of the shortcoming, contain so that Van Baars expert pleziervaartuigen is able to react adequate.
15.2 After lodging the complaint the constituent must give Van Baars expert pleziervaartuigen the occasion to examine it and if necessary giving the occasion to perform still the agreed activities.
15.3 If still performing the agreed activities is no longer possible or significant, Van Baars expert pleziervaartuigen will be only responsible within the limits of Article 18 of these general conditions.

Article 16 Suspension and dissolution
16.1 Van Baars expert pleziervaartuigen are allowed to dissolve the agreement, if the constituent does not comply with the obligations from the agreement.
16.2 In addition Van Baars expert pleziervaartuigen is allowed to dissolve the agreement if circumstances occur which are of such nature that compliance with the agreement can be no longer demanded possible or done to criteria of reason and fairness or if otherwise circumstances occur which of serve a nature that unaltered maintenance of the agreement cannot be expected.
16.3 Van Baars expert pleziervaartuigen are allowed to suspend the compliance with the undertakings resulting from the agreement, if after closing the agreement Van Baars expert pleziervaartuigen has come to knowledge, or if circumstances give good ground to fear the constituent will not comply with the obligations. In case there is good ground to fear that the constituent is able to comply only partial or not comply with the agreement, the suspension comes only as far as the shortcoming justifies.

Article 17 Refunds of lend goods
If Van Baars expert pleziervaartuigen has made matter available to the constituent in the implementation of the agreement, the constituent is then to entirely return the matter in its original state, without damage. If the constituent does not comply with this obligation all resulting costs are at its expense.

Article 18 Liability and limitation
18.1 Van Baars expert pleziervaartuigen cannot be kept to compensating for damage, which is a direct or indirect consequence of: a. an event, which lies in fact outside its power and thus  cannot be attributed to itself; b. action or failure of the constituent, his inferiors, or other persons, who work for the constituent.
18.2 Van Baars expert pleziervaartuigen are not responsible for damage, of which nature is thus, because the information supplied to Van Baars expert pleziervaartuigen by the constituent is incorrect and/or incomplete, unless this inadequacy or incompleteness could have been known by for Van Baars expert pleziervaartuigen.
18.3Van Baars expert pleziervaartuigen are not responsible for any damage to or depreciation of the inspected pleasure vessel.
18.4 Van Baars expert pleziervaartuigen is not responsible for damage which has been caused because the constituent has not followed its obligations which come from the agreement or from these general conditions.
18.5 Under no circumstances is Van Baars expert pleziervaartuigen responsible for damage, which has arisen or caused because the constituent has used the provided for a another aim then for which it has been manufactured.
18.6 Van Baars expert pleziervaartuigen is never responsible for indirect damage, included consequence damage, lacked profit, missed savings, missed holiday joy, delay damage, harbor fee and damage by company stagnation.
18.7 Van Baars expert pleziervaartuigen accept absolutely no liability if against the recommendation of Van Baars expert pleziervaartuigen, the constituent asks that nevertheless certain activities there must proceed.
18.8 If Van Baars expert pleziervaartuigen should be responsible for any damage, then the liability of Van Baars expert pleziervaartuigen have been restricted to up to the invoice value of the task, at least to that part of the task on which the liability is related. The liability of Van Baars expert pleziervaartuigen is in any case always restricted to the amount of the benefit of its insurer.
18.9 The in these general conditions restrictions incorporated of the liability do not apply if damage is to blame to set-up grove debt of Van Baars expert pleziervaartuigen or its inferiors.
18.10 All revendications towards Van Baars expert pleziervaartuigen which have not been submitted within 1 year after their submerging expire by limitation.

Article 19 Supremacy
19.1 Of supremacy on the side of Van Baars expert pleziervaartuigen are among other things if Van Baars expert pleziervaartuigen is prevented from its obligations from the agreement or to the preparation of it to satisfy as a result of: war, war danger, riot, revolution, molest, fire, water damage, flood, government measures, and export obstructions, failures to material,  unavailability of material, strike, blockades, company occupancy, irreplaceable employees, everything both in the company of Van Baars expert pleasure vessels and in the company of third parties which in the agreement it has been involved.
19.2 At occurrence of an event, as indicated in paragraph 1 of this Article, Van Baars expert pleziervaartuigen cannot be kept for compensation for damage as an direct or indirect consequence of it, Van Baars expert pleziervaartuigen will also be be removed to be from its obligation to supply, and / or the implementation of the agreed activities. It will depend on the circumstances of the case if that will remain entirely or partially, and if there will be a suspension of supply and/or implementation. As corresponded, the agreement will be canceled  or be dissolved. At an occurring possibility that Van Baars expert pleziervaartuigen can still,  possibly modified, provide and/or of carry out the agreed activities, both Van Baars expert pleziervaartuigen and the constituent are hold, possibly under adaptation, be bound to do so.
19.3 Parties can, during the period that supremacy continues, suspend the obligations from the agreement. If this period lasts longer than 2 months then everyone has been entitled to annul the  agreement, without obligation to compensation of damage to the other party.
19.4 If Van Baars expert pleziervaartuigen, at the time of entering supremacy has or can fulfill partial of its obligations from the agreement, and independent value belongs to the complied, Van Baars expert pleziervaartuigen have been entitled to declare the part already complied with separately. The constituent is obliged to satisfy this claim as if were it a separate  agreement.

Article 20 Confidentiality
20.1 Both parties are obliged to confidentiality of all confidential information which they have obtained within the framework of their agreement of each other or from other source. Information considered as confidentially if this has been notified by the other party or if this results from the nature of the information. The party which receives confidential information, will only use these for the aim for which these are supplied.
20.2 If on the basis of a legal provision of a judicial pronouncement Van Baars expert pleziervaartuigen has to supply confidential information to third parties, and Van Baars expert pleziervaartuigen cannot call to the right to prevent him from doing so, then Van Baars expert pleziervaartuigen can not been kept to damages or indemnity and the constituent is not entitled to dissolution of the agreement on the basis of damage, because of this.

Article 21 Intellectual property
21.1 All pieces supplied by Van Baars expert pleziervaartuigen, such as reports, recommendations, agreements, designs, sketches, drawings, software etc., have been exclusively intended to be used by the constituent and can not be multiplied without preceding authorization of Van Baars expert pleziervaartuigen, made public, or notified to third parties, unless the nature of the supplied pieces states differently.
21.2 Van Baars expert pleziervaartuigen preserves the right to use the information for other aims, use as far as no confidential information is notified to third parties.

Article 22 Final provisions
22.1 Van Baars expert pleziervaartuigen preserves the right to modify the terms and conditions and use the modified conditions on the existing agreements. Van Baars expert pleziervaartuigen will make the modification swiftly, known and the modifications become effective 30 days after written or electronic disclosure.
22.2 If the constituent does not accept the modification, it is possible that the agreement will be dissolved without judicial mediation, subject to possible financial obligations of the constituent.
22.3 Parties will appeal to the judge after they tried everything to settle the dispute by themselves.
22.4 The judge in the place of business of Van Baars expert pleziervaartuigen is at exclusion competent to know of disputes, unless the law prescribes differently. Nevertheless Van Baars pleziervaartuigen has the right to present the dispute to the judge according to the law. If Van Baars expert pleziervaartuigen appeals to this provision, the constituent has to choose a competent person to face the judge within a month.
22.5 On each agreement between Van Baars expert pleziervaartuigen and the constituent apply Dutch law applies

General conditions have been deposited at the court at Alkmaar under number 52/2008
 

 

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