GENERAL TERMS & CONDITIONS
These terms and conditions are strictly applicable to delivery service.
In these terms and conditions:
- "Agreement" means the agreement for YachtTime Management (YTM) to provide Services and/or Products to the Client as set out in the Quotation and the Conditions;
- "Conditions" shall mean these terms and conditions;
- "Client" means the party to whom or which YTM has agreed to provide the Services and/or Products;
- "Client's Materials" means the documents and/or other materials referred to in clause 2.3;
- "Quotation" means the quotation issued by YTM to the Client or in the absence of a written quotation the written correspondence between YTM and the Client in respect of the Services and/or Products;
- "Services and/or Products" means such of the following: yacht deliveries, yacht navigation, yacht maintenance services, consultancy, research, and/or other services referred to in YTM's published material, as YTM has agreed to supply to the Client in the Quotation;
- "YTM" means YachtTime Management trading as YTM or YachtTime Management, registered at Kornputsingel 18, NL-8331 JT Steenwijk, The Netherlands -
2 SUPPLY OF SERVICES AND/OR PRODUCTS
- 2.1 All Services and/or Products supplied by YTM to the Client shall be supplied subject to these Conditions.
- 2.2 Any changes or additions to the Services and/or Products or the Conditions must be agreed in writing between an authorized representative of YTM and the Client. "Conditions" shall mean these terms and conditions;
- 2.3 YTM shall supply the Services and/or Products in accordance with the Quotation and its current brochure or other published literature, subject to these Conditions. In the event of any conflict between the Quotation and these Conditions, the terms of the Quotation shall apply.
- 2.4 Where the Services require the production and delivery of documents or other materials by the Client, they will be delivered promptly prior to the date specified by YTM (acting reasonably) and the Client shall retain duplicate copies.
- 2.5 Each agreement is contracted by YTM under the suspending condition that the Client, exclusively to be assessed by YTM, appears sufficiently creditworthy for the financial compliance of his obligations.
- 2.6 YTM is competent to - if she considers this necessary or desirable (for example in case of necessary repairing) for a further and/or safe continuation of the agreement - integrate third parties, of which the costs will be charged to the Client in accordance with the supplied quotations. Possible and/or necessary YTM will hold consultations about this with the Client.
3 PAYMENT AND CHARGES
- 3.1 The Client shall pay any amounts payable to YTM in accordance with this Agreement promptly without any deduction, withholding or set-off.
- 3.2 All fees in Quotation must be paid in advance at time of booking, excepting where the Quotation grants credit terms to the Client in which event payment shall be made 14 days from date of invoice.
- 3.3 YTM shall have the right to charge daily compound interest at the annual rate of 2% above the refirate of the European Central Bank (ECB) upon any sums due but unpaid both before as well as after judgment.
- 3.4 Unless otherwise agreed all prices are in Euros, exclusive VAT
4 WARRANTY AND LIMITATION OF LIABILITY
- 4.1 YTM warrants to the Client that the Services and/or Products will be provided using reasonable skill and care and as far as reasonably possible within the times referred to in the Quotation or other relevant brochure.
- 4.2 Where YTM supplies any goods in connection with the Services, YTM does not give any warranty as to their quality or fitness, but will, where it is able, assign to the Client the benefit of any warranty given by the supplier.
- 4.3 YTM shall have no liability to the Client for any loss or other claims arising from any Client's Materials or instructions supplied by the Client which are incomplete, incorrect, inaccurate or their non-arrival or any other fault of the Client.
- 4.4 Except in respect of death or personal injury caused by YTM's negligence, or as expressly provided in these Conditions, YTM shall not be liable to the Client for any losses, damages, costs or other liabilities of the Client whether direct or indirect or consequential including but not limited to any loss of profit or other economic losses which arise out of or in connection with the Services and/or Products and the Client shall indemnify and keep indemnified YTM against claims made by third parties in respect of any such loss or damage.
- 4.5 The aggregate liability of YTM in the case of death or personal injury arising as a result of this Agreement shall not exceed the amount paid by the Client to YTM in respect of the Services from which the liability arose.
- 4.6 YTM shall not be liable to the Client or be deemed to be in breach of this Agreement by reason of any delay in performing or any failure to perform any of YTM's obligations in relation to the Services and/or Products, if the delay or failure was due to any cause beyond its reasonable control.
- Any intellectual property rights including copyright arising from or in connection with the Services and/or Products shall, unless otherwise agreed in writing with the Client, belong to YTM.
- 6.1 Either YTM or the Client may at any time (without limiting any other remedy) terminate this agreement by giving written notice to the other if the other commits any breach of these Conditions and (if capable of remedy) fails to remedy the breach within 21 days of being required by written notice to do so, or if the other goes into liquidation, bankruptcy, receivership, administration or proposes any voluntary arrangements with creditors.
- 6.2 Notwithstanding termination of this Agreement the provisions of clauses 3, 4.3 and 5 shall continue to apply.
- 7.1 Neither YTM or the Client shall divulge or allow to be divulged to any person any confidential information which is identified as such to the other in writing by YTM or the Client and which is not in the public domain at the time of disclosure.
- 8.1 This agreement shall be governed by Dutch law and any proceedings arising from it may be brought in the Dutch courts. The submission by the parties to such jurisdiction shall not limit the right of YTM to commence any proceedings arising out of in connection with the provision of the Services in any other jurisdiction it may consider appropriate.
9NOTICESAll notices hereunder shall be in writing and:
- 9.1 If given or made by letter sent by first class pre-paid post, and if applicable, by airmail, shall be deemed to have been given 24 hours (in the case of domestic post) and 72 hours (in the case of airmail) after being posted and in proving such service it shall only be necessary to prove that the notice was properly addressed stamped and posted.
- 9.2 If given or made by facsimile or e-mail transmission shall be deemed to have been given or made when sent unless the notice was sent after 5.00 pm on a business day or on a day other than a business day in which it shall be deemed to have been given or made at 9.00 am on the next business day of the addressee after it was sent.
- 9.3 Shall be given at the respective address of the other party or at such other address as the other party may have notified in writing as its address from time to time.
- Any indulgence granted by YTM to the Client and any failure by YTM to insist upon strict performance of these Terms and Conditions shall not be deemed a waiver of any of YTM's rights or remedies nor be deemed a waiver of any subsequent default by the Client. The invalidity in whole or in part of any clause in these Conditions shall not affect the validity of the remainder of the Clauses or these Conditions.
- These Standard Terms and Conditions may be altered in line with written special agreements entered into with clients.