Terms & Conditions
Terms & Conditions
All BLUE B.V. General Terms & Conditions (GT&C).
These GT&C will be sent on request or they can be reached through the Dutch Chamber of Commerce or view them below.
Personally I believe business should be done from a honest and responsible point of view.
These values are the base for a successful project and durable relation. ______________________________________________________________________________________________________________
General terms and conditions ALL BLUE B.V. 01-March-2017
Article 1. Definitions
1.1 In these general conditions the following terms have the following meaning unless explicitly stated otherwise.
1.2 Client: the party of ALL BLUE B.V..
1.3 Agreement: the agreement between the client (principal, customer) and ALL BLUE B.V. as contractor.
Article 2. Relevance
2.1 These general conditions apply to all offers, quotations and all ALL BLUE B.V. contracts and services performed and all acts performed by ALL BLUE B.V..
2.2 By signing a contract of ALL BLUE B.V., the client declares that he is aware of these terms and conditions of ALL BLUE B.V. and that he accepts these conditions.
2.3 All offers are without obligation, unless the offer expressly indicates otherwise.
2.4 The applicability of purchase conditions or any other conditions from the client is explicitly rejected.
2.5 If any provision of these terms and conditions is invalid or unenforceable, the remaining provisions of these terms and conditions shall remain in full force and ALL BLUE B.V. and client dialogue to develop new provisions to replace the void or nullified provisions as far as possible, the purpose and intent of the invalid provision must be observed.
2.6 Changes in these conditions can only be done by and are only valid, if done y the legal representative of ALL BLUE B.V..
Article 3. Offers and quotations
3.1 The ALL BLUE B.V. quotations made without engagement, they are valid for three months, unless otherwise indicated.
3.2 ALL BLUE B.V. is bound only to the offers if the acceptance thereof in writing and signed by the client within 3 months, to ALL BLUE B.V. is confirmed, unless otherwise indicated.
3.3 changes to the originally concluded agreement between the principal and ALL BLUE B.V. are only valid from the moment these changes are accepted through a supplementary or amended agreement and when accepted by both parties.
3.4 A composite quotation does not obliged ALL BLUE B.V. to carry out a portion of the assignment against a corresponding part of the specified price.
3.5 Offers and tenders shall not apply automatically to future assignments, in some cases, the supplier approval is subject to the quotation.
3.6 The offer is exclusive of 21% VAT unless expressly stated on the quotation.
3.7 The offer does not include the driving of the piles, unless expressly stated on the quotation.
3.8 The offer does not include demolition, excavation and dredging, unless expressly stated on the quotation.
3.9 The offer does not include use of electricity behalf of installation, unless expressly stated on the quotation.
3.10 The offer does not include the installation and connection of the electricity supply at the installation site, unless specifically stated on the quotation.
3.11 The offer does not include towing unless expressly stated on the quotation.
3.12 The offer does not include launchings unless explicitly on the quotation.
3.13 The offer does not include lifting operations, unless expressly stated on the quotation.
3.14 The offer does not include transportation costs, unless expressly stated on the quotation.
3.15 The offer does not include installation, travel, accommodation, toll, boat and ferry costs unless expressly stated on the quotation.
3.16 The offer does not include repairs in any form.
Article 4. Prices, invoicing and payments
4.1 In case of a contract in which there are recurring payable charges for the client, ALL BLUE B.V. is entitled to adjust the prices and rates, by means of a written notice in at least three months.
4.2 Rate changes can occur when changing the content of the contract, to extend the contract, with currency exchange rate fluctuations or when changes to ALL BLUE B.V. applicable legislation and regulations.
4.3 Unless otherwise expressly agreed and stated, the offer is subject to the following payment terms:
1st term 40% of the total price at commissioning,
2nd term 50% of the total price for transportation from the country of production and / or shipped from the contractor,
3rd term 10% of the total price upon completion.
4.4 Payments in all cases within 14 days after invoice date.
4.5 Regardless of the agreed terms of payment client is obliged, at the request of the contractor, to provide sufficient guarantee of payment. If the client does not within the specified period constitute will immediately be default. Contractor shall in that case have the right to terminate the agreement and recover any damages from the customer.
4.6 The right of the client to settle his claims on contractor is excluded, unless there is bankruptcy of assignee or the judicial debt rescheduling on contractor applies.
4.7 The full claim for payment is immediately payable if; a. A payment period has been exceeded; b. client has gone bankrupt or requests suspension of payments; c. attachment of affairs or claims of the client; d. principal (company) is dissolved or wound up; e. client (natural person) the request to be admitted to the judicial debt rescheduling, receivership or dies.
4.8 When payment has not taken place within the agreed term of payment, client shall immediately owe interest to contractor. The interest rate is 12% per year, but is equal to the statutory interest rate if it is higher. The interest calculation is a portion of the month as a full month.
4.9 If payment has not been made within the agreed period for payment, the customer shall owe the contractor all extrajudicial costs of recovery, subject to a minimum of EUR 75,-.
The costs shall be calculated on the basis of the following table:
on the first EUR 3,000 15%
on any additional amount up to EUR 6,000 10%
on any additional amount up to EUR 15,000 8%
on any additional amount up to EUR 60,000 5%
on any additional amount over EUR 60,000 3%
If the extrajudicial costs actually incurred exceed the above-mentioned table, than the costs actually incurred shall be owed.
4.10 If the contractor is held to be in the right in legal proceedings, all costs that he has incurred in connection with the proceedings shall be borne by the customer.
4.11 Payment of the invoice amount must be made, on the ALL BLUE B.V. indicated wise in the currency of the invoice. Objections to the amount of the claims do not suspend the payment obligation.
4.12 All costs covered by the payment, including foreign exchange and bank charges are for account of client.
4.13 The signer of an offer is jointly liable with the principal natural or legal person in the name of and on behalf of whom he acts, in cases of abuse of power, as well in case a complete identification of the customer is missing. The agreement between the parties is considered closed as soon as the customer has signed the offer.
4.14 If the Client does not pay within the agreed period, dunning fees will be charged. These dunning fees are € 75, -. if the client continues not to meet the claim, after notice of delinquent the claim can be relinquished to a collection agency, in which case client in addition to the total amount due will be held until then also full compensation of extrajudicial and judicial costs.
Article 5. Delivery
5.1 Delivery is to be agreed upon and applicable to conditions that are currently known.
5.2 The delivery period and / or start performance is only to start when all commercial and technical details have been agreed upon mutually, all necessary data, final and approved drawings etc. are in possession of the contractor, the agreed (term) payment has been received and the necessary conditions for the execution of the contract are met.
5.3 Any delay in the delivery period and / or start performance shall in no case be entitled to compensation unless agreed in writing.
Article 6. Completion
6.1 The work is considered to be delivered when; a. client has approved the work; b. the client has taken the work into use. When the client takes the work partially into use, such part is considered to be completed; c. ALL BLUE B.V. has informed the customer in writing by means of a final invoice that the work is completed and the customer has not notified within a period of 14 days in writing whether the work has or has not been approved;
6.2 In case the customer has inspected and not approved the work, he will give ALL BLUE B.V. the opportunity to complete this work. In this case he is obliged to inform ALL BLUE B.V. stating reasons for rejection in writing. The client indemnifies the contractor against claims by third parties for damage to non-produced parts of the work caused by the use of already completed parts of the work. The provisions of this Article shall apply anew.
6.3 At installment, the client must ensure that the boat that is going to be lifted will be present. If not, installation/delivery of the system will take place anyway and completion/final adjustments will take place afterwards with payment of costs that occur from this.
6.4 At installment, the client must ensure that testing of the maximum permissible load of the machine can be effectively tested by means of a load. If this is not present, installation and delivery will take place. Actual testing of the machine will take place afterwards with payment of costs that occur from this.
Article 7. Liability
7.1 ALL BLUE B.V. takes no responsibility for unauthorized work performed.
7.2 ALL BLUE B.V. takes no responsibility for the construction of the seawall / quay / jetty / poles etc.
7.3 ALL BLUE B.V. takes no responsibility with regard to existing pipes, cables and excavation reports and such.
7.4 The Client is responsible for timely obtaining any necessary licenses, permits and notifications.
7.5 When unforeseen circumstances occur, the work will be performed in collaboration and in proportion by ALL BLUE B.V. or third parties.
7.6 Changes in the work will result in more or less work, also if the information provided by the client is incorrect, incomplete or not in accordance with reality, results in more work which will be charged.
7.7 The Client is responsible for maintaining the necessary, soil / water depth for the benefit of correct boatlift operation and correct boathouses position. If this condition is not met all warranties are void.
7.8 The Client cannot derive any rights from advice made when these do not relate directly to the contract.
7.9 The client indemnifies ALL BLUE B.V. any claim by third parties relating to the use of, but not limited to, drawings, calculations, designs, materials, samples, models, product liability as a result of a fault of a delivered product and such.
7.10 ALL BLUE B.V. is not responsible for occasional or consequential damage, including, but not limited to, damages to property, loss of use, loss of profits and / or costs for the inconvenience.
7.11 Not eligible for reimbursement; a. Business Interruption including for example loss and loss of profits. Client is required to insure against such damage; b. Supervision/respect damages, Supervision/respect damages are understood to include damage caused by or during the execution of the work, is done to goods which are being worked on or to goods which are in the vicinity of the work site. Client is required to insure against such damage; c. Damage caused by intent or conscious recklessness of helpers or non-management employees of the contractor.
Article 8. Warranty
8.1 The contractor guarantees a specified period after delivery to the proper implementation of the agreed performance.
8.2 Warranties only apply to the original owner and a not relocated (fixed) boatlift and floating boathouse.
8.3 The boatlifts are only for private use.
8.4 The boatlift is required to be regularly maintained.
8.5 Components that are replaced under warranty will not regain new the warranty.
8.6 The owner is obliged to report immediately if wear or other damage occurs to the lift.
8.7 1 year on electronic components.
8.8 1 year on aluminum guide tracks and mounting materials.
8.9 1 year on aluminum floats.
8.10 2 years on stainless steel cables.
8.11 2 years on motors and moving parts.
8.12 3 years on all structural components.
8.13 5 years on block PE floats.
8.14 5 years on PE round floats.
8.15 5 years on aluminum beams.
8.16 All warranty terms of the materials supplied are in conformity with quote provider.
8.17 Improper use and/or lack of maintenance will void any warranty.
8.18 Warranties expire on drifting ice,weather conditions above wind force 8 and force majeure in any form.
8.19 The warranties for mobile load machinery are valid for a period of twelve (12) months or 1200 working hours.
8.20 If delivery appears not liable, it must be returned prepaid to the shipping address. Thereafter the contractor shall choose whether to repair, replace the item or credit the client for a proportionate part of the invoice.
8.21 When the agreed work (partly) consists of installation and/or assembly of a delivered item, the contractor guarantees for the period specified for the liability of the installation and/or assembly. If installation and/or assembly have not been performed liable, the contractor shall repair. Any travel- transport- and accommodation expenses will be borne by the client.
Article 9. Excluded from warranty are
9.1 Once defects are the result of normal wear.
9.2 The parts that are damaged by, not inadequate or improper maintenance.
9.3 The parts damaged by use in malpractice, improper or unauthorized use.
9.4 The damaged parts by modification or unauthorized repair or sabotage.
9.5 The damaged parts resulting from known defects or insufficient control.
9.6 The replacement of defective parts does not extend the warranty on the complete supply.
Article 10. Delivered Materials and Products
10.1 If Products or materials are produced by third parties, the warranty provisions of these parties are held.
10.2 Effective warranty provisions apply according statement of supplier.
Article 11. Complaints
11.1 The Client cannot invoke a lack of performance, when he has not notified the contractor in writing within fourteen days, after he discovered or reasonably should have discovered the defect/complaint.
Article 12. Uncollected goods.
12.1 When goods have not been taken after expiry of the delivery date, they remain available to the client. Not collected goods will be stored for the account and risk of the client. Contractor may always make use of the power under Article 6:90 BW
Article 13. Property
13.1 After delivery the contractor remains the owner of the delivered goods until client; a. Fails or will fail to perform his obligations under this agreement or other similar agreements; b. Does not pay or will not pay for work performed or to be performed under such agreements; c. Has paid for claims arising from the breach of those agreements, such as damage, penalties, interest and costs.
13.2 As long as the delivered goods remain to retention of title, the client may not encumber beyond its normal operation.
13.3 After the contractor has invoked his reservation of title, he may collect the delivered goods. Client must allow the contractor to enter the place where these goods are situated.
13.4 If the contractor is unable to invoke his reservation of title because the delivered goods have been mingled, distorted or accession, the client is bound to the newly formed objects in pledge.
Article 14. Intellectual property rights
14.1 Unless otherwise agreed in writing, the contractor retains the copyright and all industrial property rights of designs, illustrations, drawings, (test) models, software etc. made by him shown in offers.
14.2 The rights referred to in paragraph 1 will remain the contractor's property irrespective of whether costs for manufacturing are charged. Without explicitly written consent of the contractor, this information is not allowed to be copied, used or shown to third parties. For each violation of this provision, client has to pay to the contractor a penalty of € 25.000, -. This penalty is in addition to compensation under the law demanded.
14.3 At the request of the contractor, the client must return all data referred to in paragraph 1 within the period specified by the contractor. By violating this provision the customer will owe the contractor a penalty of € 1.000, - per day. This penalty is in addition to compensation under the law demanded.
Article 15. Termination
15.1 If the customer wishes to terminate the agreement without failure from the contractor and the client agrees, the agreement is terminated by mutual consent. In that case the contractor shall be entitled to compensation for all financial loss such as loss, loss of profits and costs.
Article 16. Applicable law and competent court
16.1 The Dutch law applies.
16.2 The Vienna Sales Convention (CISG) shall not apply, nor any other international regulation whereas exclusion has been done.
16.3 Only the Dutch civil court having jurisdiction in the domicile of the contractor may take note of disputes, unless this contradicts the peremptory law.
16.4 The contractor may deviate from this rule and govern the statutory rules jurisdiction.
16.5 The parties may agree on another form of dispute resolution such as arbitration or mediation.