Allgemeine Verkaufsbedingungen Floris Watersport B.V.
General Terms and Conditions Floris Watersport B.V.
Article 1: definitions
In these General 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: Marinaweg 43, 4924 AD Drimmelen, The Netherlands.
- Buyer: a natural person or legal entity who enters into an agreement with Floris Watersport to buy a Vessel or 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.
- Every Vessel and/or parts are bought or sold as a margin agreement, unless otherwise agreed.
Article 2: applicability
- These General Terms and Conditions are applicable to all: offers, quotations, agreements for the sale of any Vessel, parts of a Vessel including inboard and outboard motors.
- The Dutch text of the General Terms and Conditions shall prevail over the text of these General Terms and Conditions.
Article 3: offer and trail run
- When the Buyer 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.
- The Buyer is given the opportunity to make a trail run with the Vessel. This will be at Buyer’s risk. To do so, the Buyer and any person present during the trail, must be able to swim, persons unable to swim must wear a life jacket.
- When according to Dutch law a person needs to have a Certificate of Competence to sail with a Vessel, the Buyer needs to show this Certificate of Competence to Floris Watersport prior to the trail.
- During the trail the Buyer is fully responsible for any damages caused to the Vessel and any damages caused to any another object.
Article 4: the agreement
- The agreement comes into existence by accepting the offer.
- The agreement shall be in writing or recorded Electronically. The agreement includes these General Terms and Conditions.
- The Buyer and Floris Watersport can agree that Floris Watersport will sail the Vessel via waterways to a new berth. Parties can agree a fee for this service. The relocation to the new berth is at the account and risk of the Buyer, therefore, prior to relocating the Vessel the Buyer has to have insured the Vessel sufficiently.
- Buyer and Floris Watersport can agree that Floris Watersport will transport the Vessel by road to the agreed location. Parties can agree a fee for this transport. The transport is at the account and risk of the Buyer, therefore, prior to the transport the Buyer has to have insured the Vessel sufficiently.
Article 5: warranty
- Vessels and its components are purchased as presented by Floris Watersport. Buyer has been 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.
- Vessels and their components are sold without warranty, unless otherwise explicitly agreed within in the contract. When a warranty is agreed, this warranty is limited to a “sail home” warranty.
- Sail home warranty is only applicable to the hull and propulsion, and only includes that the hull and propulsion meet the requirements to sail the Vessel to the first port of call within the Netherlands.
- If the buyer invokes the warranty, Floris Watersort can decide to: repair the defect, replace any defect parts, or to buy the vessel back for the purchase price.
- The warranty is void if: a: Floris Watersport is not immediately informed , written or by e-mail, when a defect has arisen, b: there is work done or changes are made to the Vessel and/ or its components, c: Floris Watersport has not had the opportunity to repair the defect, d: in case of a collision or poor seamanship.
- In case of calamities during the first trail with a Vessel, the Buyer should dock the Vessel in a safe place, preferably in a harbour, so Floris Watersport has the opportunity to investigate the cause and if possible remedy the problem.
- Floris Watersport is never liable for any damages or consequential damages which occurred as a result of a bacteria or any other type of contamination in the fueltanks.
Article 6: retention of title and payment
- The Vessel and/or components remain the property of Floris Watersport until the purchase price has been paid in full.
- When the offer is accepted, the Buyer has to make a deposit within twenty-four hours. This deposit ensures the Buyer that Floris Watersport will reserve the Vessel and/or components for the Buyer.
- The remainder of the purchase price has to be paid in full within seven days after acceptance of the offer an before any transport of the Vessel and/or components. Any other payment period has to be specified within the contract. If the remainder of the purchase price is not paid in full within the payment period Floris Water has the option to offer the Vessel and/or components to other parties. If this happens the buyer is not entitled to a refund of the deposit.
- The Buyer is obliged to insure the Vessel as of the moment the purchase price has been paid in full.
- According to Dutch law; Wet ter voorkoming van witwassen en financieren van terrorisme (Wwft), Floris Watersport has to investigate the Buyer and the origin of the money when a cash payment of € 15,000 or more is made. To do so, a copy of the Buyer’s identification papers is required. All details of the agreement and the identity of the Buyer shall be reported to FIU-Netherlands.
Article 7: cancellation and storage
- When a purchase is cancelled, Floris Watersport will retain the deposit.
- After the purchase, the Buyer can store the Vessel for fourteen days in a boat storage from Floris Watersport. The Buyer shall not use this storage as a berth, meaning that no trips may be made, nor any work to the Vessel can be done, unless otherwise agreed upon.
- The storage of a Vessel at Floris Watersport is at the own expense and risk of the Buyer. The Vessel must be insured before storage.
- In the event the buyer is unable to acquire a berth for the Vessel within fourteen calendar days, the storage can be extended. Storage is priced at € 1.00 per day per meter of the Vessel. The sum needs to be paid in advance on a weekly basis.
Article 8: force majeure and applicable law
- When Floris Watersport or the Buyer cannot fulfill 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 Buyer will notify each other as soon as possible of a (possible) situation of force majeure.
- When force majeure occurs, the Buyer is not entitled to any compensation or refund.
- These General Terms and Conditions and all agreements with Floris Watersport are governed by Dutch law.