Article 1 – General
1. These terms and conditions apply to every offer, quotation and agreement between Allesmarine.nl, hereinafter referred to as: “User”, and an Counterparty to which User has declared these terms and conditions applicable, insofar as these terms and conditions are not explicitly and in writing by the parties has deviated.
2. The present conditions also apply to agreements with the User, for the implementation of which the User must involve third parties.
3. These general terms and conditions are also written for the employees of the User and his management.
4. The applicability of any purchase or other terms and conditions of the Counterparty is expressly rejected.
5. If one or more provisions in these general terms and conditions are at any time wholly or partially invalid or should be declared null and void, the other provisions in these general terms and conditions will remain fully applicable. The User and the Counterparty will then enter into consultation in order to agree new provisions to replace the void or voided provisions, whereby the purpose and purport of the original provisions will be taken into account as much as possible.
6. If there is uncertainty about the interpretation of one or more provisions of these general terms and conditions, the explanation must take place "in the spirit" of these provisions.
7. If a situation occurs between parties that is not regulated in these general terms and conditions, then this situation must be assessed in the spirit of these general terms and conditions.
8. If the User does not always demand strict compliance with these conditions, this does not mean that the provisions thereof do not apply, or that the User would lose the right to demand strict compliance with the provisions of these conditions in other cases.
Article 2 - Quotations and Offers
1. All quotations and offers from the User are without obligation, unless a period for acceptance is stated in the quotation. A quotation or offer expires if the product to which the quotation or offer relates is no longer available in the meantime.
2. User cannot be held to his quotes or offers if the Counterparty can reasonably understand that the quotes or offers, or a part thereof, contain an obvious mistake or error.
3. The prices stated in a quotation or offer include VAT and other government levies as well as any costs to be incurred in the context of the agreement, including travel and accommodation, shipping and administration costs, unless stated otherwise.
4. If the acceptance (whether or not on minor points) deviates from the offer included in the quotation or the offer, then the User is not bound by it. The agreement will then not be concluded in accordance with this deviating acceptance, unless the User indicates otherwise.
5. A compound quotation does not oblige the User to perform part of the assignment against a corresponding part of the stated price. Offers or quotations do not automatically apply to future orders.
Article 3 - Contract duration; delivery times, implementation and modification agreement; price increase
1. The agreement between the User and the Counterparty is entered into for an indefinite period of time, unless the nature of the agreement dictates otherwise or if the parties expressly agree otherwise in writing.
2. If a period has been agreed or specified for the completion of certain activities or for the delivery of certain goods, then this is never a strict deadline. If a term is exceeded, the Counterparty must therefore give the User written notice of default. The User must be offered a reasonable period of time to still implement the agreement.
3. User has the right to have certain work done by third parties.
4. User is entitled to execute the agreement in different phases and to invoice the executed part separately.
5. If the agreement is executed in phases, the User can suspend the implementation of those parts that belong to a following phase until the Counterparty has approved the results of the preceding phase in writing.
6. If the User requires information from the Counterparty for the implementation of the agreement, the execution period will not commence until after the Counterparty has made this correct and complete available to the User.
7. If during the execution of the agreement it appears that for a proper implementation thereof it is necessary to change or supplement it, then the parties will proceed to adjust the agreement in a timely manner and in mutual consultation. If the nature, scope or content of the agreement, whether or not at the request or indication of the Counterparty, of the competent authorities, etc., is changed and the agreement is thereby amended in qualitative and / or quantitative terms, this may have consequences for what was originally agreed. As a result, the originally agreed amount can be increased or decreased. The user will quote as much as possible in advance. Due to a change in the agreement, the originally specified term of implementation can be changed. The Counterparty accepts the possibility of changing the agreement, including the change in price and execution time.
8. If the agreement is amended, including an addition, the User is entitled to implement it only after approval has been given by the person authorized within the User and the Counterparty has agreed to the price and other conditions specified for the implementation, including the then to be determined time at which it will be implemented. Failure or immediate implementation of the amended agreement also does not constitute a breach of contract on the part of the User and does not constitute grounds for the Counterparty to terminate the agreement.
9. Without failing to do so, the User may refuse a request to amend the agreement if this could have a qualitative and / or quantitative consequence, for example for the work to be performed or the goods to be delivered in that context.
- If the price increase is the result of a change to the agreement;
- If the price increase results from an authority vested in the User or an obligation imposed on the User under the law;
- In other cases, on the understanding that the Counterparty who is not acting in the exercise of a profession or business is entitled to dissolve the agreement by means of a written statement if the price increase exceeds 10% and takes place within three months after the closing of the agreement, unless the User is then still willing to execute the agreement on the basis of the originally agreed upon, or if it is stipulated that the delivery will take place longer than three months after the purchase.
Article 4 - Suspension, dissolution and early termination of the agreement
1. The user is entitled to suspend compliance with the obligations or to terminate the agreement immediately and with immediate effect if:
2. If the dissolution is attributable to the Counterparty, the User is entitled to compensation for the damage, including the costs, arising directly and indirectly as a result.
3. If the agreement is dissolved, the User's claims against the Counterparty are immediately due and payable. If the User suspends compliance with the obligations, he retains his rights under the law and the agreement.
4. If the User proceeds to suspension or dissolution on the grounds referred to in this article, he is therefore in no way liable for compensation of damage and costs arising in any way or compensation, while the Counterparty, due to non-performance, compensation or compensation is required.
5. If the agreement is terminated prematurely by the User, the User will arrange for the transfer of work still to be performed to third parties in consultation with the Counterparty. This unless the cancellation is attributable to the Counterparty. Unless the interim termination can be attributed to the User, the costs for transfer will be charged to the Counterparty. The User will inform the Counterparty in advance as much as possible regarding the extent of these costs. The Counterparty is obliged to pay these costs within the period specified by the User, unless the User indicates otherwise.
6. In the event of liquidation, (application for) a suspension of payment or bankruptcy, of seizure - if and insofar as the seizure has not been lifted within three months - at the expense of the Counterparty, of debt rescheduling or any other circumstance whereby the Counterparty does not can freely dispose of his assets for a longer period of time, the User is free to terminate the agreement immediately and with immediate effect or to cancel the order or agreement, without any obligation on his part to pay any compensation or compensation. In that case, the User's claims against the Counterparty are immediately due and payable.
7. If the Counterparty cancels an order in whole or in part, then the goods ordered or prepared for it, plus any delivery and delivery costs thereof and the working time reserved for the execution of the agreement, will be charged in full to the Counterparty are being brought.
Article 5 - Force majeure
1. User is not obliged to fulfill any obligation towards the Counterparty if he is prevented from doing so as a result of a circumstance that is not due to fault, and neither under the law, a legal act or generally accepted views at his expense coming.
2. Force majeure in these general terms and conditions is understood to mean, in addition to what is understood in this regard by law and case law, all of external causes, foreseen or unforeseen, over which the User cannot influence, but as a result of which the User is unable to fulfil his obligations to come. The User also has the right to invoke force majeure if the circumstance that prevents (further) fulfillment of the agreement occurs after the User should have fulfilled his obligation.
3. User can suspend the obligations under the agreement during the period that the force majeure continues. If this period lasts longer than two months, then each of the parties is entitled to terminate the agreement, without obligation to compensate damage to the Counterparty.
4. If, at the time of force majeure, the User has partially complied with his obligations under the agreement or will be able to comply with it, and the part fulfilled or to be fulfilled is assigned independent value, the User is entitled to fulfill or to fulfill the part already fulfilled. part to be invoiced separately. The Counterparty is obliged to pay this invoice as if it were a separate agreement.
Article 6 - Payment and collection costs
1. Payment must always be made within 7 days after the invoice date, in a manner to be specified by the User in the currency in which the invoice is made, unless otherwise indicated by the User in writing. User is entitled to invoice periodically.
2. If the Counterparty fails to pay an invoice on time, the Counterparty is legally in default. The Counterparty will then owe interest. In the case of consumer purchase, the interest is equal to the legal interest. In other cases, the Counterparty owes an interest of 1% per month, unless the legal interest is higher, in which case the legal interest is due. The interest on the claimable amount will be calculated from the moment that the Counterparty is in default until the moment of payment of the full amount due.
3. The User has the right to have the payments made by the Counterparty go first of all to reduce the costs, then to reduce the interest still due and finally to reduce the principal sum and the current interest.
4. The User may, without being in default as a result, refuse an offer for payment if the Counterparty designates a different order for the allocation of the payment. The user can refuse full repayment of the principal if the vacant and accrued interest and collection costs are not also paid.
5. Objections to the amount of an invoice do not suspend the payment obligation.
6. If the Counterparty is in default or omission in the (timely) fulfillment of its obligations, then all reasonable costs for obtaining satisfaction out of court will be borne by the Counterparty. The extrajudicial costs are calculated on the basis of what is currently customary in Dutch collection practice, currently the calculation method according to the Rapport Voorwerk II. However, if the User has incurred higher collection costs that were reasonably necessary, the costs actually incurred will be eligible for reimbursement. Any legal and execution costs incurred will also be recovered from the Counterparty. The Counterparty also owes interest on the collection costs.
Article 7 - Retention of title
1. All goods delivered by the User in the context of the agreement remain the property of the User until the Counterparty has properly fulfilled all obligations arising from the agreement (s) concluded with the User.
2. Goods supplied by the User that fall under the retention of title pursuant to paragraph 1 may not be resold and may never be used as payment. The Counterparty is not authorized to pledge or encumber the goods that fall under the retention of title in any other way.
3. The Counterparty must always do everything that can reasonably be expected of it in order to safeguard the ownership rights of the User.
4. If third parties seize the goods delivered under retention of title or wish to establish or enforce rights thereon, then the Counterparty is obliged to immediately inform the User thereof.
5. The Counterparty undertakes to insure the goods delivered under retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to provide the User with the policy of this insurance for inspection upon first request. In the event of payment of the insurance, the User is entitled to these tokens. Insofar as necessary, the Counterparty commits itself towards User to provide its cooperation in advance to everything that might (prove to be) necessary or desirable in that context.
6. In the event that the User wishes to exercise his ownership rights referred to in this article, the Counterparty will give the User unconditional and irrevocable permission in advance to enter all those places where the properties of the User are located and those matters to take back.
Article 8 - Guarantees, research and complaints
1. The items to be delivered by the User meet the usual requirements and standards that can reasonably be set at the time of delivery and for which they are intended for normal use in the Netherlands. The guarantee referred to in this article applies to items that are intended for use within the Netherlands. When outside the Netherlands has to verify the Counterparty itself or the use thereof is suitable for the use therein and whether they fulfill the conditions which they are made. In that case, the User may set other warranty and other conditions with regard to the items to be delivered or work to be performed.
2. The guarantee referred to in paragraph 1 of this article applies for a period of ……… after delivery, unless the nature of the delivery dictates otherwise or the parties have agreed otherwise. If the guarantee provided by the User relates to an item produced by a third party, then the guarantee is limited to the one provided by the producer of the item for it, unless stated otherwise. After the guarantee period has expired, all costs for repair or replacement, including administration, shipping and travel costs, will be charged to the Counterparty.
3. Any form of guarantee will lapse if a defect has arisen as a result of or results from improper or inappropriate use thereof or use after the expiry date, incorrect storage or maintenance thereof by the Counterparty and / or third parties when, without written permission from The User, the Counterparty or third parties have made changes to the item or have attempted to make changes, other items have been confirmed to it or that have been processed or edit in a manner other than the prescribed manner. The Counterparty is also not entitled to a warranty if the defect is caused by or is the result of circumstances over which the User cannot influence, including weather conditions (such as, but not limited to, extreme rainfall or temperatures), et cetera.
4. The Counterparty is obliged to investigate the goods supplied or have them examined, immediately as soon as the goods are made available to it or the relevant work has been carried out. In addition, the Counterparty should investigate whether the quality and / or quantity of the delivery corresponds to what has been agreed and meets the requirements that the parties have agreed in that regard. Any defects must be reported to the User in writing within two months after discovery. The report must contain a description of the defect that is as detailed as possible, so that the User is able to respond adequately. The Counterparty must give the User the opportunity to investigate a complaint or have it investigated.
5. If the Counterparty complains in time, this does not suspend its payment obligation. In that case, the Counterparty also remains obliged to purchase and pay for the other goods ordered, unless it has no independent value.
6. If a defect is reported later, the Counterparty no longer has the right to repair, replacement or compensation, unless a longer period ensues from the nature of the item or the other circumstances of the case.
7. If it is established that an item is defective and a timely complaint has been made in that regard, the User will within a reasonable period of time after receipt thereof be returned or, if return is not reasonably possible, written notice of the defect by the Counterparty, at the option of User, replace or arrange for repair thereof or pay compensation for this to the Counterparty. In the event of replacement, the Counterparty is obliged to return the replaced item to the User and to transfer ownership thereof to the User, unless the User indicates otherwise.
8. If it is established that a complaint is unfounded, then the costs incurred as a result, including the research costs incurred by the User as a result, will be borne in full by the Counterparty.
Article 9 – Liability
1. If the User should be liable, then this liability is limited to what is stated in this provision.
2. The User is not liable for damage, of whatever nature, caused by the User relying on incorrect and / or incomplete data provided by or on behalf of the Counterparty.
3. User is only liable for direct damage.
4. Direct damage is exclusively understood to mean:
5. User is never liable for indirect damage, including consequential damage, lost profit, lost savings and damage due to business or other stagnation. In the case of consumer purchases, this limitation does not extend beyond that which is permitted under Section 7:24 (2) of the Dutch Civil Code.
6. If the User should be liable for any damage, then the liability of the User is limited to a maximum of three times the invoice value of the order, at least to that part of the order to which the liability relates.
7. The liability of the User is in any case always limited to the amount paid out by his insurer where appropriate.
8. The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence on the part of the User or his managerial employees.
Article 10 - Limitation period
1. Contrary to the statutory limitation periods, the limitation period of all claims and defences against the User and the third parties involved by the User in the execution of an agreement is one year.
2. The provisions of paragraph 1 do not apply to legal claims and defences that are based on facts that would justify the statement that the delivered item would not comply with the agreement. Such claims and defences lapse two years after the Counterparty has notified the User of such non-conformity.
Article 11 - Transfer of risk
1. The risk of loss, damage or depreciation passes to the Counterparty at the time when items are brought under the control of the Counterparty.
Article 12 – Disclaimer
1. The Counterparty indemnifies the User against any claims from third parties who suffer damage in connection with the implementation of the agreement and whose cause is attributable to others than the User.
2. If the User may be called on to do so by third parties, the Counterparty is obliged to assist the User both outside and in court and immediately do everything that may be expected of him in that case. If the Counterparty fails to take adequate measures, then the User is entitled to do so without notice of default. All costs and damage on the part of the User and third parties that arise as a result are integrally for the account and risk of the Counterparty.
Article 13 - Intellectual Property
1. The user reserves the rights and powers that belong to him under the Copyright Act and other intellectual laws and regulations. The User has the right to use the knowledge gained through the implementation of an agreement for other purposes as well, insofar as this does not involve disclosing strictly confidential information from the Counterparty to third parties.
Article 14 - Applicable law and disputes
1. All legal relationships to which the User is a party are exclusively governed by Dutch law, even if an obligation is fully or partially implemented abroad or if the party involved in the legal relationship is domiciled there. The applicability of the Vienna Sales Convention is excluded.
2. Parties will only appeal to the courts after they have made every effort to settle a dispute in mutual consultation.
Article 15 - Location and change of conditions
1. These terms and conditions have been filed with the Chamber of Commerce….
2. The most recently filed version or the version that applied at the time the legal relationship with the User was established applies.
3. The Dutch text of the general terms and conditions always determines the explanation thereof.
Warranty on (2nd hand) outboard engines
We supply outboard engines with one or two sailing seasons warranty (one sailing season is March to September). With a two-year warranty, the winter maintenance is mandatory (between October and February, so outside the sailing season). Our warranty relates to the rotating part of the engine. In addition, all electronics on the outboard engine are eligible for warranty. Engine technically everything is covered by the warranty. There is no warranty on the gearcase assy if something is hit. Accessories that are supplied with the engine (often free) such as meters and / or clocks, hydrofoils, propguard or any other accessory are not covered by a warranty. There is no warranty for dirty carburetors and / or water in the tank, for example. When a second hand outboard engine is sold, our customer can expect the engine function properly. In short, you can sail with it WELL. But beware, it remains a 2nd hand outboard engine and this does not include any new expectations (of course you can if you buy a engine from 1-3 years old). Something that is 20 to 30 years old (yes, that is how long some brands last) includes 20 to 30 year old parts and not new parts. The engine (engine-technical), however, has to function properly. And we at Allesmarine stand behind that. In addition, it remains technology, warranty cases are part of it. We at Allesmarine try to solve this as well as possible. Warranty cases always have a higher priority than normal repairs. Finally, we would like to report that the older the outboard motor is, the greater the chance of a warranty case. Warranty cases are unfortunately unavoidable with the sale of 2nd hand technology. That is why we have included this in our Terms & Conditions. Do you still have questions about our warranty conditions? Ask them when purchasing or send an e-mail to [email protected]
PLEASE NOTE: We do not provide a warranty on location! Warranty cases are carefully and professionally resolved at our workshop. Allesmarine is not responsible for picking up and / or possible hoisting of your boat in the event of a warranty. We can do nothing about you having no trailer and / or no possibility to bring your boat. If your engine does not function properly, we can do something about it / solve it but the boat and / or engine (both can also) must be brought to us for this. In consultation with the customer it is possible and sometimes necessary that we launch the boat somewhere and test it after warranty.
Warranty only applies to the first buyer and is not transferable.
Buy without warranty
Sometimes something is sold without warranty. The customer asks for this to lower the price. Or the outboard engine is so old that we don't want to give a warranty. In both cases, the outboard engine can be thoroughly tested with us before the purchase. In our advertisement we always state: ‘this is the price if you take it with you, all tests are possible’. When we sell something without a warranty, we have the customer sign for it on the purchase invoice. The customer hereby waives its statutory warranty rights that are attached to a consumer purchase.