GENERAL TERMS AND CONDITIONS OF ELEMENT BOATS

Article 1. APPLICABILITY.
1.1. These General Terms and Conditions apply to all offers, entered into agreements and products of Element Boats, established in Laren nh.
1.2. Deviation from these Terms and Conditions is only possible if agreed in writing.
1.3. If the Buyer refers to its own General Terms and Conditions, those terms and conditions do not apply unless expressly agreed in writing by Element Boats.
1.4. Buyer" means any natural or legal person who has entered into a contract of sale with P.J.W. Engineering.
1.5. Element Boats is authorized to make use of the services of third parties for the execution
of an agreement with the Buyer.
1.6. Element Boats reserves the right to amend or supplement these terms and conditions from time to time.

Article 2. AGREEMENTS, OFFERS.
2.1. A registered quotation shall be valid for a period of two (2) weeks, unless a different
period is specified in the quotation.
2.2. The purchase agreement is concluded when the order confirmation is
is sent by e-mail to the e-mail address provided by the Buyer or sent to the Buyer by cell phone or sent by post to the address of the Buyer.

2.3. The purchase contract may be revoked by Element Boats if the Buyer does not or has not in the past complied with the conditions set forth by Element Boats.
Such revocation will be communicated to the Buyer by Element Boats within ten (10) days of receipt of the order.
2.4. All data, assumptions, calculations and all other factors that may underlie Buyer's decision to enter into a contract, whether or not known to Element Boats, shall be at Buyer's risk.

Article 3. SALES, DELIVERY COSTS
3.1. All sales prices are, if not otherwise agreed, in accordance with the legal regulations on the subject, expressed in Euros.
3.2. The Buyer shall owe the agreed price. Obvious errors in the quotation, such as obvious inaccuracies, may be corrected by Element Boats even after the conclusion of the contract.

3.3. If after the date of quotation one or more cost price factors undergo an increase, even if as a result of foreseeable circumstances, Element Boats is entitled to increase the agreed price accordingly. Such a price increase shall not entitle the Buyer to rescind the contract in whole or in part. If a price increase occurs within three (3) months of the conclusion of the agreement, the Buyer may dissolve the agreement within ten (10) days by registered letter, unless the
increase arises from a power or an obligation of the Supplier under the law or if it has been stipulated that the delivery will take place more than three months after the purchase.
3.4. Delivery costs are not included in the sales price. For delivery outside the Netherlands
special rates.
3.3. The costs of return shipments are to be borne by the Buyer, unless otherwise agreed.

 

Article 4. DELIVERY CONDITIONS.
4.1. The deadline for delivery is 30 weeks if not otherwise agreed.
4.2. P.J.W. Engineering reserves the right to adjust or revise agreed delivery times. The adjustments and/or change will be communicated by Element Boats to the Buyer as soon as possible.
4.3. Delivery and/or installation will be made to and/or at the address specified by Buyer.

4.4 If delivery and/or installation, at the request of the Buyer, is to take place later than 3 months from the date of order, the Buyer shall owe a down payment of ten percent (20%) of the purchase price, payable within three days of invoicing.
4.5.  Once the products to be delivered have been delivered to the delivery address, the risk, where these products are concerned, passes to the Buyer. For deliveries that are picked up by the Buyer, the risk, where these products are concerned, passes to the Buyer at the time of transfer but in any case before loading.
4.6. Deliveries may be made in parts for practical reasons.
4.7. Different conditions may apply to deliveries abroad.

Article 5. TERMS OF PAYMENT
5.1. Element Boats uses the payment term of two (2) weeks unless otherwise agreed.
5.2. Payment terms can only be agreed upon in writing. Upon expiration of the agreed payment term, the Buyer shall be in default.
5.3. In the event of non-payment or late payment by the Buyer, statutory interest shall be payable on the outstanding amount from the date on which payment should have been made until the date of payment in full, whereby a started month shall be counted as a full month.

5.4. Element Boats is also liable for all judicial and extrajudicial collection costs of whatever nature incurred by Element Boats as a result of the Buyer's failure to comply with its (payment) obligation. The extrajudicial collection costs owed by the buyer will be at least fifteen percent (15%) of the amount due and never more than the maximum collection costs allowed.
5.5. In the event of non-payment or late payment, Element Boats is authorized to terminate the contract with immediate effect and suspend all deliveries until such time as the Buyer has fulfilled the payment obligation(s) in full, including payment of interest and costs due.
5.6. If the Buyer fails to fulfill its payment obligation or is in payment difficulties, Element Boats is entitled, without prior summons and/or notice of default, to recover the delivered products and dissolve the contract. Buyer grants permission to Element Boats to remove and retrieve the delivered products if necessary and Buyer shall provide every opportunity to do so. This authorization shall also cover the situation in which accession or something similar would have occurred. Removal of the products will take place at the Buyer's expense.

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Article 6. INSTALLATION AND ASSEMBLY

6.1. Upon delivery, the Buyer checks the products and the Installation. The Buyer accepts the (on) delivery of the products and installation by signing the delivery form.
6.2. Element Boats makes every effort to perform services in a timely manner. Element Boats is not liable for direct and indirect damages if it fails to perform services in a timely manner.
6.3. Buyer bears the risk for damage caused by: inaccuracies in the information provided and/or work assigned; inaccuracies in the constructions and methods required by Buyer; defects in materials or resources made available by Buyer.
6.4. As a good buyer, Element Boats will perform the services to be provided. In the event that before or during installation, in the opinion of Element Boats, the installation cannot be performed in a safe, proper and durable manner, Element Boats is not obliged to perform its obligations to Buyer. Element Boats may then cancel the contract without charge. 

Article 7. CANCELLATION
7.1. The Buyer is not authorized to terminate or cancel the contract unless the Buyer consents. If the Buyer agrees, the Client shall owe the Buyer an immediately payable compensation in the amount of the agreed price, less the savings for the Buyer resulting from the termination. The compensation shall be at least 20% of the agreed price. 

7.2. If the price is made dependent on the actual costs to be incurred by the Buyer (cost-plus basis), the compensation referred to in the first paragraph of this Article shall be estimated at the sum of the costs, labor hours and profit, which the Buyer would be expected to have incurred over the entire order.

Article 8. WARRANTY and LIABILITY
8.1. Goods delivered by P.J.W. are subject to the statutory two (2) week warranty, unless otherwise agreed in writing with Element Boats.
8.2. Element Boats shall never be obliged to pay any compensation to the Buyer or others, unless there is intent or gross negligence by Element Boats. Element Boats will never be liable for consequential or consequential loss, indirect loss and loss of profit or turnover.
8.3. Guarantees are not transferable by Buyer to third parties.
8.4. Element Boats' liability for damage will never exceed an amount equal to the invoice value in respect of the product or service causing the damage.

Article 9. RETENTION OF TITLE.
9.1. Until payment of the delivered goods is received by Element Boats in its bank account with NL17 RABO 0338 5735 93, the delivered goods remain the property of Element Boats.
9.2. In case of bankruptcy of the buyer, the delivered goods must be returned to Element Boats if they have not yet been paid to Element Boats. 

 

Article 10.  INTELLECTUAL PROPERTY.

10.1. The Buyer expressly acknowledges that all intellectual property rights of displayed information, communications or other expressions relating to the products and/or relating to the internet site are vested in Element Boats.
10.2. Intellectual property rights means, patent, copyright, trademark, design and model rights and/or other (intellectual property) rights, including whether or not patentable technical and/or commercial know-how, methods and concepts
10.3. The Buyer is prohibited from using, including making changes, the intellectual property rights as described in this article, such as reproduction, without the express prior written consent of Element Boats its suppliers or other entitled parties.

 

Article 11. PERSONAL DATA.
11.1. Element Boats will only process Buyer's data in accordance with its Privacy Policy.
11.2.  In doing so, Element Boats will comply with applicable privacy regulations and legislation,

 

Article 12. FORCE MAJEURE.
12.1. In the event of force majeure, Element Boats is not obliged to perform its obligations to the Buyer or the obligation is suspended for the duration of the force majeure.

12.2. Force majeure includes the circumstance that third parties engaged by Buyers, such as suppliers, subcontractors and carriers, or other parties on which the Client is dependent, fail to fulfill their obligations or fail to fulfill them in a timely manner, weather conditions, natural disasters, terrorism, cybercrime, disruption of digital infrastructure, fire, power failure, loss, theft or loss of tools, materials or information, road blocks, strikes or work stoppages and import or trade restrictions.
12.3. If there is force majeure and compliance is or becomes permanently impossible, or the temporary force majeure situation has lasted for more than six months, Buyer is authorized to dissolve the agreement in whole or in part with immediate effect. Client is in such cases authorized to dissolve the agreement with immediate effect, but only for that part of the obligations not yet fulfilled by Buyer. 
12.4. The parties shall not be entitled to compensation for damage suffered or to be suffered as a result of the force majeure, suspension or dissolution within the meaning of this article.

 

13. APPLICABLE LAW.
13.1. All agreements are governed by Dutch law.
13.2. All disputes related to agreements concluded with Element Boats shall be submitted to the competent court in Amsterdam, unless the law expressly designates another court as competent,
13.3. The applicability of the Ween