Terms and Conditions

TERMS AND CONDITIONS

Buy and sell

ARTICLE 1 – THE OFFER

The seller's offer is made verbally, in writing or electronically and - if a term for acceptance has been set - is valid for the term indicated therein. The acceptance of the offer by the buyer is only valid

if this takes place within the stipulated period. Furthermore, the electronic acceptance of the offer by the buyer is only valid if it has been confirmed by the seller.

If no term has been set for acceptance, the offer will remain in force for two working days, provided the car has remained unsold.

ARTICLE 2 – THE AGREEMENT

The agreement must always be recorded in writing or electronically. A copy of a written agreement must be provided to the buyer. It

however, lack of a written or electronically recorded agreement does not make this agreement null and void.

ARTICLE 3 – CONTENT OF THE AGREEMENT

A written or electronically recorded agreement will in any case include: the description of the vehicle or vessel and any vessel or vehicle to be purchased, both with any accessories;

- the price of the vessel or vehicle at the time of purchase and sale, with an indication of whether the price is a fixed or non-fixed agreed price; -the price of any vessel or vehicle to be purchased at the agreed time of delivery

vessel or vehicle; - the delivery costs of the vessel or vehicle; - the presumed or express fixed delivery date; - the method of payment.

ARTICLE 4 – PRICE CHANGES/INCREASE

1. Changes in taxes, excise duties and similar government levies are at all times passed on in both the fixed and the non-fixed agreed price of both new and used vessels or vehicles.

2. Without prejudice to the provisions of Article 6 paragraph 1, in addition to the aforementioned changes, price increases as a result of changes in factory and/or importer prices and in exchange rates in the non-fixed agreed price of new

cars are charged. After notification of this change, the buyer has the right to dissolve the agreement if the increase in the stipulated price by the seller takes place after the agreement has been concluded. The dissolution must take place within ten days of such notification.

ARTICLE 5 – THE RISK TO THE VESSEL OR VEHICLE

Until the time of actual delivery, the sailing or vehicle is for the account and risk of the seller. Any vessel or vehicle to be purchased will only become the property of the seller as soon as the actual delivery thereof has taken place. Until that time, it can be purchased at the expense and risk of the buyer and all costs are for his account. This also includes the costs of maintenance and any damage caused by whatever cause, including that damage as a result of not being able to hand in the complete registration certificate.

ARTICLE 6 – EXCEEDING THE DELIVERY TIME

1. If the presumed delivery term of the car is exceeded, the buyer can give the seller written notice of default. 2. If the seller has not yet delivered the car three weeks after that notice of default, the buyer has the right to cancel the agreement without judicial intervention

to be declared dissolved. If the seller still delivers the car within the stipulated period of three weeks, any price increase within this period will not be passed on.

3. If the seller fails imputably with regard to exceeding the presumed delivery term, the buyer may demand compensation for the damage suffered. If a fixed delivery date is exceeded, the buyer has the right to cancel the agreement without notice of default or judicial intervention

to declare it dissolved and/or to demand compensation for the damage suffered. 4. If the exceeding of a delivery term is a result of force majeure on the part of the seller, both buyer and seller have the right to dissolve the agreement. The right to dissolution arises as soon as the agreed fixed term has been exceeded. As soon as a presumed delivery term has been exceeded, the parties have the right to dissolve three weeks after the notice of default referred to in paragraph 1 or the moment the seller informs that it cannot deliver within three weeks. In all cases in which the seller can invoke a situation of force majeure of a permanent nature, both parties are entitled to dissolve the agreement.

Repair and maintenance

ARTICLE 7 – THE ORDER

The assignment to perform work is given verbally or in writing, or

electronic data. An order given electronically by the client is only established after it has been confirmed by the contractor. A copy of a written order will be provided to the client if desired.

ARTICLE 8 – PRICES AND TERM

Before or at the time of placing the order, the client may require a statement of the price of the work, as well as of the term within which the work will be performed. The stated price and term are approximate, unless the client and the repairer agree on a fixed price and/or term. If the approximate price quoted is exceeded or threatens to be exceeded by more than 10%, the repairer must contact the client in order to discuss the additional costs. The client is entitled to terminate the agreement, with due observance of a notice period of two weeks, subject to compensation to the repairer for the work already performed by him. If the approximate term specified is exceeded or threatened, the repairer must immediately inform the client, stating the new date of delivery. l

ARTICLE 9 – THE ACCOUNT

An itemized invoice is issued for the work performed.

ARTICLE 10 - STORAGE COSTS

If the client has not collected the car within three working days after becoming aware of the execution of the order, the repairer can charge a fee that is used within his company or, failing this, another reasonable compensation for storage costs.

ARTICLE 11 – RIGHT OF RETENTION

The repairer can exercise the right of retention on the car, if and for as long as: - the client does not pay the costs of the work on the car or not in full; - the client pays the costs of previous work performed by the repairer

does not or does not fully comply with the same car; - the client does not or not fully pay other claims arising from the contractual relationship with the repairer/seller. The repairer may also exercise the right of retention if the dispute regarding the work has been brought before a court. The repairer cannot exercise the right of retention if the client has provided sufficient (replacement) security, for example by making a deposit into a third-party account.

ARTICLE 12 – REPLACEMENT PARTS

The replaced parts will be made available to the client after execution of the order, if the latter has requested this when placing the order. In all other cases, the replaced parts become the property of the repairer, without the client being able to claim any compensation.

ARTICLE 13 – DAMAGES ASSESSMENT

If the repairer has carried out a damage assessment, the costs actually incurred will be charged to the client. These costs will not be charged if an order for repair is given to the repairer, or if the delivery of another car is agreed with the repairer. The valuation costs are agreed in writing by the parties. In the absence of this, reasonable valuation costs will be owed.

General provisions

ARTICLE 14 – PAYMENT

1. The buyer/customer's debts to the seller/mechanic are delivery debts. Payment must be made in cash upon delivery of the car or parts or after the services have been performed. Cash payment also includes:

transfer of the amount due to a bank or giro account specified by the seller/mechanic at the time of delivery. 2. If another time of payment has been expressly agreed in writing, the seller/mechanic is entitled to charge the statutory interest monthly on the unpaid amounts. The remaining part of the month from the time when payment should have been made is regarded as a whole month. This increase in the amount owed is regarded as a condition under which the seller/mechanic has granted postponement of payment without the buyer/customer's obligation to pay in cash lapses. The increase will take effect one month after the invoice has been sent. 3. If the parties have waived cash payment and have not expressly agreed in writing or on a time of payment, a payment term of 14 days applies after delivery of the car or the parts or after the services have been performed. 4. The consumer/company or trader must pay the amount due before the expiry of the payment date. If he does not do this, the entrepreneur will send a free payment reminder after the expiry of that date and gives the consumer the opportunity to pay the outstanding amount within 7 days of receipt of this payment reminder. If after the payment reminder has still not been paid, the entrepreneur is entitled to charge interest from the moment of default. This interest is equal to the statutory interest. The judicial and extrajudicial costs incurred by the seller/mechanic to enforce payment of a debt can be charged to the other party. The amount of these costs is subject to (legal) limits. It is possible to deviate from this in favor of the consumer.

ARTICLE 15 – COMPLAINTS

A buyer/customer who has complaints about the sale of a car or about the execution of a repair or maintenance must first contact the seller/repairer with his complaint. A dispute about the sale of a car or about the execution of a repair or maintenance does not release the buyer/client from his payment obligation. See article 14 of these general terms and conditions for payment terms. This article is without prejudice to any claims and rights based on consumer law or the Civil Code.

ARTICLE 16 – RETENTION OF TITLE

The delivered car remains the property of the seller as long as the buyer has not fully paid all that he owes under the purchase agreement. As long as the ownership of the car has not been transferred to the buyer, the buyer is obliged to insure and maintain it at his expense, third-party liability hull.

The seller shall not be obliged to indemnify the buyer in any way against his liability as holder of the car. On the other hand, the buyer indemnifies the seller against claims that third parties may have against the seller and that may

be brought with the retention of title made.

ARTICLE 17 – DEROGATIONS

These general terms and conditions apply to every agreement concluded with the seller/mechanic. Deviations, including additions or extensions to these General Terms and Conditions, are only valid if they have been recorded in writing, dated and signed by both parties.

ARTICLE 18 – CANCELLATION ORDER / INVOICE

When canceling an invoice or order, 10% of the invoice or order amount will be charged.

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