Purchase Terms and Conditions Floris Watersport B.V.
Article 1: definitions
In these Purchase Terms and Conditions, the following definitions are used:
- Floris Watersport: the legal entity; Floris Watersport B.V. registered at the Dutch Chamber of Commerce with file number: 50126040 located at: Scharlo 8, 5165 NG Waspik, The Netherlands.
- Seller: the natural person or legal entity who enters into an agreement with Floris Watersport for the sale of a Vessel or a part of a Vessel.
- Vessel: any boat, jet-ski, sail boat, kayak, canoe or any other object designed to float and move on water, including any part of it as well as any inventory or a hull vessel or vessel in the process of being built.
- Electronically: per email, phone or website.
Article 2: applicability
- These Purchase Terms and Conditions are applicable to all: purchases, offers, quotations, agreements for the sale of any Vessel, parts of a Vessel including inboard and outboard motors.
- The Dutch text of the Purchase Terms and Conditions shall prevail over the text of these General Terms and Conditions.
Article 3: offer and trail run
- Every Vessel and/or parts are bought as a margin agreement, unless otherwise agreed.
- When the Seller makes an offer to Floris Watersport, Floris Watersport has twenty four hours to accept this offer, unless another deadline for the acceptation has been agreed upon.
- Floris Watersport is given the opportunity to make a trail run with the Vessel. This will be at Floris Watersport’s own risk.
- Seller guarantees that he or she is allowed to sell the Vessel and or its components. Floris Watersport shall communicate only with the Seller.
- The Seller delivers the Vessel as an unconditional ownership, free of mortgages, attachments and registrations thereof and free of debts and obligations of any nature, including debts to the port or harbour. Seller will indemnify Floris Watersport for claims by third parties.
Article 4: the purchase agreement
- The purchase agreement comes into existence by accepting the offer.
- The purchase agreement shall be in writing or recorded electronically. The purchase agreement includes these Purchase Terms and Conditions Floris Watersport B.V.
- All yard build Vessels build from 1997 shall bear a CE marking and have a declaration of conformity. If the Vessel is not accompanied by this marking, Floris Watersport will deduct the cost of an application here fore from the purchase price.
- Speedboats, which are all Vessels that can sail 20 km per hour or faster, need to be registered at the RDW.
- Floris Watersport will have the Vessel insured as from the moment the purchase agreement is signed.
- Floris Watersport will organise at its own account and risk the transportation of the Vessel.
- Floris Watersport purchases the Vessel and its components as presented by the Seller. Floris Watersport must be given the opportunity to inspect the quality and condition of the Vessel and/ or components. This includes an investigation of the on-board electronics and mechanical components. Seller will provide Floris Watersport with all necessary information and will answer all questions in good faith.
Article 5: retention and title of payment
- The Seller will sell the Vessel without any retention.
- Parties can agree to a deposit made by Floris Watersport to ensure the purchase. When a deposit is made, cancellation is no longer possible.
- Payments will be made by Floris Watersport within forty-eight hours, unless otherwise agreed upon.
Article 6: cancellation
- When Seller has accepted the purchase price offered by Floris Watersport, the sale cannot be cancelled. When Seller cancels the sale, Floris Watersport is entitled to charge the Seller an expense allowance.
Article 7: force majeure and applicable law
- When Floris Watersport or the Seller cannot fulfil their obligations as the result of a force majeure, the obligations will be suspended for the duration of the force majeure.
- Floris Watersport and the Seller will notify each other as soon as possible of a (possible) situation of force majeure.
- When force majeure occurs, the Seller is not entitled to any compensation or refund.
- These General Terms and Conditions and all agreements with Floris Watersport are governed by Dutch law.