- Part inspection
- Other services
HISWA GENERAL TERMS AND CONDITIONS FOR SURVEY AND APPRAISAL
These General Terms and Conditions for Survey and appraisal of HISWA Association (Dutch Association of Entrepreneurs in the Water Sports Industry) have been drawn up in consultation with the Consumers’ Association and the ANWB under the Self-Regulation Coordination Group of the Sociaal-Economische Raad (Social Economic Council). Deposited at the Court Registry in Amsterdam on 15 November 2012 under number 96/2012.
HISWA Association shall take action against any misuse, so it can also genuinely achieve the desired exclusivity. Members are therefore requested to inform the HISWA office if misuse is noticed. To enforce this, copyright has been established on the various texts.
ARTICLE 1 – DEFINITIONS
ARTICLE 2 – APPLICABILITY
ARTICLE 3 -THE OFFER/THE QUOTATION
– the nature, substance and scope of the work to be performed by the Entrepreneur ;
– the manner in which the Entrepreneur ’s fees are established; and
– the timeframe in which the Entrepreneur performs the services.
ARTICLE 4 – THE CONTRACT
assignment is granted electronically, the Entrepreneur sends an electronic confirmation to the consumer.
ARTICLE 5 – THE ENTREPRENEUR’S OBLIGATIONS
The Entrepreneur ’s report will also state the objective of the Survey or appraisal.
ARTICLE 6 – THE CONSUMER’S OBLIGATIONS
This obligation applies only if the Consumer is also the vessel’s owner when the services are performed.
ARTICLE 7 – LIABILITY
If the Entrepreneur should consider the Consumer’s demands impossible to realize, the Entrepreneur is obliged to point this out to the Consumer.
ARTICLE 8 – CONDITIONS OF PAYMENT
Payment must be effected by transferring the amount due to a bank account to be designated by the Entrepreneur within ten business days of receipt of the invoice or, at the Entrepreneur ’s option, in cash at the inspection site.
ARTICLE 9 – OVERDUE PAYMENT
5% over the following € 5000 of the amount due;
1% over the following € 15,000 of the amount due.
In the event of partial or improper performance, suspension will be permitted only to the extent justified by the failure.
In those cases, the Entrepreneur will remain entitled to reimbursement of costs incurred, interest and any damage or loss sustained.
ARTICLE 11 – COMPLAINTS
ARTICLE 12 – DISPUTE SETTLEMENT RULES
ARTICLE 13 – GUARANTEE OF COMPLIANCE
– the member has been granted a moratorium;
– the member has been declared bankrupt;
– the company activities have effectively been terminated.
The date on which cessation of company operations is entered into the Trade Register is the determining factor or an earlier date, for which HISWA Association can make a plausible case for demonstrating that company activities were effectively terminated.
ARTICLE 14 – APPLICABLE LAW
Dutch law is applicable in all disputes relating to this con-tract, unless another national law is applicable on grounds of mandatory rules.
ARTICLE 15 – DEVIATION FROM THE CONDITIONS
Individual deviations from these General Terms and Conditions, including supplements or additions, are required to be recorded in writing or in electronic form after agreement by both Entrepreneur and consumer.
ARTICLE 16 – AMENDMENTS
HISWA Association shall amend these General Terms and Conditions only in consultation with the ANWB and the Consumers’ Association.
General conditions Internatonal Nautcal Services Nederland