General terms and conditions - NauticForSale.com

These are the general terms and conditions of JVS Shipping B.V., the company behind NauticForSale.com. They apply to everything we sell and to the work we carry out on board: every quotation, every order and every assignment. Pushing and towing operations are not covered by these terms; separate terms apply to those.

These terms also available in: English · Deutsch · Français

At checkout we ask you to accept these terms and conditions. They are set out in full below. If you wish to save or print them, you can do so using the PDF below.

Download terms and conditions (PDF)

Who you are doing business with

Handelsnaam: NauticForSale.com
Adres: Keteldiep 21, 8321 MH Urk
E-mail: info@nauticforsale.com
Telefoon: +31 (0)6 53 48 80 00
KvK-nummer: 39071985
Btw-nummer: NL808648950B01

If anything is unclear to you, please call or email us. We would rather explain things in advance than afterwards.

Part A. Supplementary terms for the NauticForSale.com webshop

The general terms and conditions of JVS Shipping B.V. (Part B below) are written for assignments and work carried out on board. For an order placed in the webshop, the rules below also apply. Where these rules differ from Part B, Part A shall prevail for a webshop order.

A1. Who we are and who this applies to

NauticForSale.com is a trade name of JVS Shipping B.V., located at Keteldiep 21, 8321 MH Urk, the Netherlands, registered with the Dutch Chamber of Commerce under number 39071985, VAT number NL808648950B01. Wherever Part B refers to "JVS", this also includes NauticForSale.com.
Consumer: a natural person who is not acting for purposes related to their trade, business, craft or profession. Business buyer: any other buyer. At checkout, you indicate yourself whether you are purchasing as a private individual or as a business; if you purchase as a business, we will ask for your company name and VAT number.
Provisions in Part B that limit mandatory consumer protection law do not apply to consumers. This concerns, in any case, Article 3(8) (cancellation excluded), Article 4(8) and (9) (delivery times non-binding), Article 6(14) (notification within 24 hours), Article 8(2) (notification within seven days), Article 15 (one-year limitation period) and Article 17(2) (Lelystad court).

A2. How an order is formed

Our offers on the site are without obligation and are subject to availability. Almost everything we sell is second-hand and exists only once.
Your order constitutes an offer. The sales agreement is formed at the moment we confirm your order by email.
Obvious mistakes and clerical errors in our offers are not binding on us. If we notice such an error after you have placed your order, we will inform you immediately and you have the right to cancel the order free of charge.
You are responsible for providing a correct email address; we send the confirmation, the invoice and the shipping details to that address.
Payment is made in advance, using one of the payment methods offered at checkout. If you choose bank transfer, we will hold the item for you for five business days.
For items marked "price on request", the agreement is only formed once we have sent you a price and you have accepted it in writing or by email.

A3. The condition of an item, and the rights that go with it

Each item is listed with a condition. This determines what you may expect and what warranty you receive.

New: unused, in its original packaging, with the original accessories where stated. Twelve months' warranty.
Refurbished: inspected by our technicians, with parts replaced where necessary, then fully tested. Twelve months' warranty.
Tested: functionally tested on arrival and found to be working, without refurbishment. No warranty; however, the item is guaranteed to work as described upon delivery.
Untested: not tested by us, the functionality is unknown. Sold in the condition in which it is found. No warranty.
For parts: sold as a source of parts; the item does not work, or does not work fully. No warranty.
The warranty period runs from the invoice date and is also stated on the invoice. If a functional defect appears within that period, we will repair or replace the item, at our discretion; if neither is possible, we will issue a refund. Please report the defect to us first, so we can arrange how the item is to be returned to us.
The warranty does not cover: signs of use and minor damage typical of second-hand equipment, damage caused by improper use, installation or maintenance, external damage, and consequential loss. This is further elaborated in Article 8 of Part B.
For equipment that, under applicable regulations, must be installed or inspected by an approved installer, the warranty applies only if this has in fact been done. For other equipment, you may install it yourself without voiding the warranty.
For consumers, statutory conformity also applies: the goods delivered must be what you could reasonably expect based on the description and condition. We cannot limit these rights, including for items listed as "untested" or "for parts", though what you may expect for those conditions is set out in the description.

A4. Fourteen-day withdrawal period for consumers

If you purchase as a consumer, you have a fourteen-day withdrawal period. This period begins on the day after you (or a third party designated by you) receive the item.
Within those fourteen days, you may notify us that you wish to withdraw from the purchase, without giving any reason. You can do so by email to info@nauticforsale.com, via the return form in your account, or by using the statutory model withdrawal form.
After notifying us, you have a further fourteen days to return the item. We ask that you return it in such a way that it arrives undamaged, preferably in its original packaging.
The cost of returning the item is borne by you. Before you send it, we will let you know approximately what those costs will be.
You may inspect and assess the item in the same way you would in a shop. If you go further than that - installing it, connecting it into a system, removing type plates or seals - and the item is thereby diminished in value, we may deduct that diminished value from the amount you receive back.
We will refund you within fourteen days of receiving your notification, using the same payment method you used to pay. We may withhold the refund until we have received the item back, or until you have shown proof that it has been returned. The shipping costs you paid when placing the order will be refunded up to the amount of the cheapest standard shipping option we offered.
There is no withdrawal period for items that have been specially ordered or custom-made for you, for items that have, after delivery, become irrevocably combined with other goods, and for sealed software of which the seal has been broken.
Business buyers do not have a withdrawal period; Article 3(8) of Part B applies to them instead.

A5. Delivery, shipping and risk

We ship worldwide. Shipping costs are calculated at checkout; for large or heavy items, we will inform you of the costs in advance.
Stated delivery times are estimates. For consumers: if we do not deliver within thirty days of the order, you may give us a reasonable final period in writing, and if we still fail to deliver, you may dissolve the purchase, after which we will refund you within fourteen days.
For a consumer, risk passes at the moment you, or a third party designated by you, receives the item. For a business buyer, risk passes as soon as we hand the item over to the carrier.
For shipments outside the European Union, import duties, import VAT and customs clearance costs are borne by the customer. We complete customs documentation truthfully.
Collection is possible by appointment in Urk. If you collect the item, you pay no shipping costs and risk passes when you take the item with you.
If an item turns out to no longer be available after you have ordered it, we will inform you immediately and refund you within fourteen days.

A6. Prices, VAT and the margin scheme

All prices are in euros. Each item states the price you pay and how VAT is treated.
A large part of our range consists of used equipment that we purchase without deductible VAT. For those items we apply the VAT margin scheme: VAT is included in the price but is not stated separately on the invoice and is not deductible for you. Such items are marked "margin item".
For other items, VAT is charged and shown separately on the invoice.
If you purchase as a business from another European Union member state and provide a valid VAT identification number, we will apply the VAT reverse charge. This is not possible for margin items: the margin scheme continues to apply to those.
For exports outside the European Union, we do not charge Dutch VAT, provided we have proof of export.

A7. Complaints and disputes

If something is wrong with your order, please let us know via info@nauticforsale.com. We will respond with a substantive reply within five business days.
Consumers may submit a complaint within a reasonable time after discovering the defect; a notification within two months is in any event considered timely. The shorter time limits set out in Part B do not apply to consumers.
Business buyers must report defects within the time limits set out in Part B.
Dutch law applies to all agreements. If we are unable to reach an agreement together, the dispute may be submitted to the competent Dutch court; a consumer may also submit the dispute to the court of their place of residence and may make use of the European ODR platform.

A8. Personal data

What we do with your data, why, and how long we retain it, is set out in our privacy policy. We do not sell your data and do not use it to track you.

Part A, version 26 August 2026.

Part B. General Terms and Conditions of JVS Shipping B.V.

Article 1. Definitions

The capitalized terms below have the following meaning within the context of these general terms and conditions:

Additional Costs: all extra costs arising during the Performance of the Works as a result of (unforeseen) circumstances, such as delays, extra travel and accommodation expenses, additional work, extra deployment of personnel, or additional material and transport costs, which are charged to the Client.
Services: any provision of services, all works/services to be performed by JVS, its Personnel and/or engaged/hired third parties, including but not limited to installation, maintenance, refurbishment, repair, survey and inspection work, advisory services and other forms of technical support, regardless of whether these are carried out in connection with the delivery of the Goods and regardless of whether they are described as services. Excluding pushing and towing operations.
Goods: all items sold and/or delivered by JVS to the Client, including nautical equipment, parts, certificates, software, documentation and other materials required for the performance of the Agreement.
JVS: the private limited liability company JVS Shipping B.V., established in Urk and registered in the register of the Dutch Chamber of Commerce under number: 39071985.
Delivery: the actual transfer of Goods in accordance with the Agreement.
Completion: the moment at which the performance of the relevant Services by or on behalf of JVS is finished.
Agreement: the (contract of) assignment or order confirmation, whereby JVS undertakes towards the Client to perform certain Works and/or Services and/or to deliver Goods. An Agreement may also be formed verbally or by electronic means of communication, including but not limited to email, telephone or WhatsApp. These general terms and conditions apply to every Agreement.
Client: the natural or legal person who enters into an Agreement with JVS or places an order to that effect.
Agreed Price: the price owed by the Client to JVS under the Agreement (in payment for the Performance of the Works).
Parties: JVS and the Client together.
Personnel: all direct and indirect employees deployed by or on behalf of JVS in performing the Agreement, including hired third parties and representatives.
Performance of the Works: the performance of Services and/or the Delivery of Goods by or on behalf of JVS.
Works: all work to be carried out by JVS for the benefit of the Client, including the sale and delivery of Goods and/or the performance of Services under the order confirmation, as well as all work and services arising therefrom for JVS. Excluding pushing and towing operations.

Article 2. Scope of application

These general terms and conditions apply to: all offers, quotations, Agreements and legal relationships, however described, whereby JVS undertakes or will undertake to perform Works for the Client, as well as to all Works arising therefrom for JVS. These general terms and conditions also apply to all acceptances on the part of the Client. These general terms and conditions expressly do not apply to pushing and towing operations. For pushing and towing operations, reference is made to JVS's other set of general terms and conditions specifically applicable to pushing and towing operations.
These general terms and conditions also apply to any supplementary and/or follow-up Agreements between JVS and the Client.
Deviations from or additions to these general terms and conditions and/or the Agreement are only valid if expressly agreed in writing between JVS and the Client. Deviations and additions agreed in writing shall prevail over these general terms and conditions in the event of conflict.
The order confirmation and the Agreement constitute the complete record of the arrangements made between the Parties and replace all prior verbal or written arrangements, undertakings or proposals relating to the same subject matter.
The applicability of the Client's general terms and conditions is hereby expressly rejected by JVS. The applicability of any other general terms and conditions to which the Client may in any way refer is likewise expressly rejected. Any provision to the contrary in such other terms does not affect the foregoing.
Performance of the Agreement is subject to the condition that all permits, certifications or other approvals that may be required (including export licences) have been or will be obtained.
JVS has the right to use subcontractors or third parties for the performance of (part of) the Agreement, and to transfer its rights and obligations under the Agreement, in whole or in part, to a third party, without the Client's prior consent.

Article 3. The Agreement

JVS guarantees that the Agreement will be performed to the best of its ability.
The Client is not entitled to transfer the rights and obligations under the Agreement, in whole or in part, to (a) third party(ies), unless JVS has given its written approval.
All offers, quotations and price indications made by JVS are valid for a maximum of thirty days and while stocks last, unless expressly stated otherwise in the quotation.
All negotiations between JVS and the Client may be terminated at any time without giving reasons. In such a case, JVS owes the Client no compensation (for damages).
If drawings, specifications, instructions, inspection requirements or similar documents provided or approved by the Client are used in performing the Agreement, these form an integral part of the Agreement.
The Client warrants that all documents, certificates and permits required for the import or export of Goods, as well as for the stay (if agreed) and work of JVS's Personnel in the Client's country and at the Client's location, will be available in good time and upon arrival at the location.
The Client is required to provide JVS, in good time, in full and free of charge, with all information and documents reasonably necessary for the proper performance of the Agreement. This includes, among other things, technical data, diagrams, logbooks, inspection reports, drawings, photographs, safety and environmental regulations, and any permits or approvals relating to the installation or use of the equipment. JVS is not liable for any costs or damage resulting from incorrect and/or incomplete information and documents provided by the Client.
Once formed, an Agreement can no longer be cancelled or dissolved, unless the Client fully reimburses the costs already incurred by JVS.

Article 4. Performance of the Agreement

General

JVS performs the Agreement to the best of its knowledge and ability and in compliance with applicable laws and regulations.
JVS determines the manner in which the Performance of the Works takes place and by which Personnel.
JVS has the right to have the Works carried out by a (hired) third party.

Location and documentation

The location where the Works and any other obligations arising from the Agreement are to be carried out shall be apparent from the Agreement (whether in writing or verbally). If the Agreement does not indicate a location where the Works are to be carried out, JVS shall make the final decision on this.
If the Performance of the Works takes place at the Client's location, the Client shall comply with all statutory regulations and, in that context, take all measures that may reasonably be required of the Client in order to ensure a safe working environment for JVS and its Personnel.
As soon as JVS and/or its Personnel arrive at the location where the Works are to be carried out, this is deemed to be the commencement of the Works, and the Client thereby accepts the performance thereof subject to these general terms and conditions (insofar as this had not already occurred). The same applies where JVS and/or its Personnel commence Works at its own location and/or any other location before travelling (or not) to the location where the Works are to be carried out. The Client hereby also accepts that the costs incurred by the Personnel, including travel, accommodation and fuel costs, are borne by the Client, even if the Works take longer than originally intended/quoted.

Time period and delay

The period during which the Performance of the Works takes place is determined by JVS and is, in principle, non-binding, unless the Agreement or order confirmation shows that arrangements on this have already been made between the Client and JVS. A deviation from the already agreed period or time is only valid if and to the extent JVS has agreed to it.
Insofar as the Agreement relates to the performance of Services, the time for performance of the Services set out in the Agreement is regarded as an estimate from which the Client cannot derive any prior rights. Agreed Completion times are not strict deadlines, unless expressly agreed otherwise in writing.
Insofar as the Agreement relates to the Delivery of Goods, the delivery times for the Delivery of Goods set out in the Agreement are regarded as an estimate from which the Client cannot derive any prior rights. Agreed delivery times are therefore not strict deadlines, unless expressly agreed otherwise in writing.
JVS has a best-efforts obligation to perform the Works as well and as properly as possible in accordance with the agreed time.
If the Performance of the Works is delayed as a result of an act or omission of the Client, or because the Client does not timely fulfil obligations incumbent upon it (such as providing correct information or making resources available), JVS may extend the performance of the Agreement by a reasonable period of at least 30 days. JVS may likewise extend the period for performance of the Agreement if the agreed (advance) payment or security has not been received in time.
All costs arising from a delay attributable to the Client - including but not limited to the Additional Costs - are fully borne by the Client.
If JVS itself is late in carrying out the work and this delay is attributable solely to JVS, the Client shall give JVS a reasonable period in writing (of at least 30 days) to still fulfil its obligations. A delay resulting from the fact that the Works take longer than intended, for example because the Performance of the Works proves more complicated than initially estimated, is by definition not borne by JVS.
If, after that additional (reasonable) period referred to in paragraph 11, JVS still fails to fulfil its obligations under the Agreement, the Client may not claim any compensation (for damages) or dissolution of the Agreement. JVS is never liable for any direct or indirect consequential loss resulting from the delayed delivery of Goods or Performance of the Works, unless there is intent or deliberate recklessness.

Article 5. Force majeure and liability

If the performance of the Agreement (and therefore the Performance of the Works) is hindered by circumstances over which JVS has no reasonable influence, i.e. situations of force majeure, JVS's obligations shall be suspended for the duration of those circumstances. Force majeure includes, but is not limited to: transport restrictions, fire, war or the threat thereof, terrorism, occupation of business premises, riot, unrest, mobilization, strikes, blockades, natural disasters, floods, epidemics, pandemics, quarantine, supply problems, missing and/or incomplete permits/documents, delays in the supply of goods/raw materials necessary for performance of the Agreement, government measures, shortages of labour or raw materials, disruptions in the supply of parts or materials, or other circumstances that temporarily render performance impossible.
Force majeure on the part of JVS also includes a force majeure situation on the part of JVS's supplier(s).
JVS also has the right to invoke force majeure if the circumstance preventing (further) performance arises after JVS should already have fulfilled its obligation towards the Client.
Except in the case of intent or deliberate recklessness on the part of JVS, JVS is not liable for damage that is the (in)direct result of a force majeure situation.
If a force majeure situation continues for longer than six consecutive months, both JVS and the Client have the right to terminate the Agreement in writing, without either party owing the other compensation.
Any work or deliveries already performed up to the moment of termination of the Agreement will be settled on a pro rata basis. Costs incurred by JVS under the Agreement up to the moment of termination of the Agreement are borne by the Client.

Article 6. Performance of the Works

General

JVS is entitled, during the Performance of the Works, to replace the Personnel deployed by JVS with other (qualified) personnel or with hired or to-be-hired (qualified) third parties.
Assistance provided by the Client and its personnel in the performance of the Works by JVS is at the Client's expense and risk. If damage arises as a result of such assistance by the Client and/or its Personnel, that damage is borne by the Client.
If the Client decides, during the Performance of the Works, or before they are fully completed, to carry out a sea trial on open water and/or inland waterways without JVS's prior written consent, the full risk of any damage to the vessel, the Client's property, the Goods and/or the result of the Works and Services is borne by the Client.
If JVS has given prior written consent for a sea trial, the risk of damage to the vessel concerned, the result of the Performance of the Works, the Goods and/or other items remains fully borne by the Client. Any deficiencies in the Works or the result thereof that come to light during or as a result of the sea trial may be repaired, improved and/or redone by JVS in the ordinary course of its business, at JVS's sole discretion. The costs of this additional Work are fully borne by the Client.
If JVS uses materials and objects made available by the Client, or required in connection with the Agreement and the Performance of the Works, any deterioration in the condition of these materials and objects, or their loss, is borne by the Client, unless there is intent or recklessness on the part of JVS.

Services

Performance of the Agreement with respect to the delivery of Services (Completion) shall be deemed to have taken place at the moment that (i) the Client has confirmed this to JVS, or (ii) the result of the Performance of the Works or the Goods have been put into use by the Client, or (iii) 7 days have elapsed since the completion of the performance of the Services by JVS, or (iii) the Client uses, or otherwise puts into operation or use, the items on or to which the Services are performed and/or are to be performed, during the period in which the Services were to be performed and/or the period in which performance of the Services has already commenced but has not yet ended (as confirmed by JVS).
Periods of waiting time for which JVS is not responsible will be charged to the Client as time worked.
If, prior to Completion, increases in currency prices take effect, or if government measures are announced, JVS is entitled to adjust the Agreed Price accordingly. The Client will be notified of this in good time, but this does not give the Client any right to cancel the Agreement.

Goods

The Client may only refuse Delivery of the Goods if the Goods delivered show demonstrable defects which are not merely minor in nature and which render normal use of the Goods in accordance with the Agreement impossible. JVS will endeavour to remedy such defects in the Goods after Delivery.
From the moment the Goods are within the Client's control, which is the case after Delivery and actual transfer of possession, the Client is responsible for the condition and quality of the Goods. Delivery of the Goods may also take place at another location determined by JVS if, due to circumstances, Delivery of the Goods at the agreed location proves not to be possible.
If the Client itself arranges for the transport of the Goods (in connection with Delivery), or collects the Goods itself, the Client is itself responsible for the condition of the Goods. Any damage arising during the transport of the Goods is, in that case, fully borne by the Client.
JVS is entitled to send the Goods to the Client in parts, unless expressly agreed otherwise in writing between the parties.
If, prior to Delivery of the Goods, increases in currency prices take effect, or if government measures are announced, JVS is entitled to adjust the Agreed Price accordingly. The Client will be notified of this in good time, but this does not give the Client any right to cancel the Agreement.
The Client must inspect Goods to be assembled/installed by JVS, in good time and prior to the commencement of assembly/installation, for correct quality, colour or deviations, and must report any complaints thereon without delay and no later than within 24 hours after delivery of the goods on site, in writing and with reasons, to JVS. Failing this, the Goods to be assembled/installed are deemed to have been approved and the right to claim lapses. After expiry of this period, the costs of disassembly or replacement will be charged to the Client as additional work on a time-and-materials basis.
The Client is responsible for the safekeeping and storage of the delivered Goods, including Goods delivered in connection with the Performance of the Works (the performance of the Services). The Client is itself required to inspect the Goods upon receipt for damage and/or other deficiencies in what was delivered. Goods already delivered to the Client (including those delivered at another location, as referred to in Article 6(10)) fall under the Client's responsibility and must, in the event of damage or other loss, be repaired or replaced by the Client, with the exception of damage/deficiencies reported directly to JVS by the Client at the time of Delivery (and which are not the result of an act or omission of the Client).

Article 7. Retention of title

Ownership of the Goods shall pass to the Client upon Delivery of the Goods, unless one of the exceptions set out in this article applies.
For as long as the Client has not paid the full purchase price or invoice amount, including any additional costs (payment obligations), or has not provided sufficient security therefor (as assessed by JVS), JVS retains title to the Goods. In that case, ownership passes to the Client as soon as the Client has fulfilled all its obligations towards JVS. These payment obligations relate not only to the purchase price or invoice amount of the Goods, but also to other claims JVS has against the Client, such as claims for Works performed in connection with the relevant delivery of Goods and the Agreement, and claims arising from attributable failures of the Client (including compensation for damages, extrajudicial collection costs, interest and any penalties).
The risk of loss or damage to the Goods passes to the Client at the moment Delivery of the Goods to the Client takes place, thereby placing them within the control of the Client or of a third party designated by the Client.
The Client may resell the items in the ordinary course of its business, provided it also agrees a retention of title with its own customers.
The Client may not pledge the Goods subject to retention of title, nor place them within the actual control of a financier.
The Client shall inform JVS immediately if third parties claim to have ownership or other rights to the Goods.
For as long as the Client has the Goods in its possession, the Client shall keep them with due care and identifiable as the property of JVS.
The Client shall ensure that its business or contents insurance also covers the items delivered subject to retention of title. The Client shall, at JVS's request, allow JVS to inspect the insurance policy and the corresponding proof of premium payments.
If the Client acts in breach of this article, or if JVS for any other reason invokes its retention of title over the relevant (delivered) Goods, JVS's Personnel may enter the Client's premises or vessel and repossess the items delivered to the Client subject to retention of title. This does not affect JVS's rights to dissolve the agreement - by means of a written declaration addressed to the Client - or to claim compensation for its damages, lost profits and interest.

Article 8. Warranties

Any claim for compensation (for damages) brought by the Client as a result of damage suffered by the Client to objects in or on which Services have been performed by JVS falls exclusively under Article 13.
Defects in the Goods and deficiencies in the result of the Performance of the Works must be reported to JVS no later than seven (7) days after the Client became aware, or could reasonably have become aware, of the relevant defects.
JVS's warranty obligation is limited, at JVS's discretion, to the repair or replacement of defects. The warranty applies only to equipment supplied by JVS (tested or refurbished), or to the Goods, if and insofar as defects in the Goods have arisen as a result of culpable conduct on the part of JVS or its Personnel.
The warranty period for equipment supplied by JVS ends after six (6) to twelve (12) months, as stated on the invoice. The warranty period stated on the invoice is at all times decisive. If no warranty period is stated on the invoice, no warranty (period) may be claimed. Warranty claims do not apply if and insofar as:
1. the equipment was not installed by a CESNI-approved installer;
2. repairs and/or Works have been carried out on the equipment/Goods by third parties without JVS's written consent;
3. a defect arises as a result of improper use, maintenance or lack of due care, or is the result of modifications made to the delivered goods by the Client or third parties. Nor does JVS stand surety for any damage arising as a result of such defects;
4. the defect has arisen as a result of circumstances over which JVS could not exercise any influence, such as weather conditions and other force majeure situations;
5. the damage to the equipment constitutes consequential loss;
6. at the time the warranty claim is made, the Client has not fulfilled all its financial obligations towards JVS.
With respect to the performance of Services and the result thereof (Completion), JVS has only a best-efforts obligation to perform the Services (as well as possible). JVS never has an obligation of result with respect to the result of the Services and their performance, and JVS accordingly gives no warranty whatsoever in that regard.
Liability of JVS for defects in the Goods attributable to the (original) manufacturer or supplier of the relevant Goods (for example, manufacturing defects) is hereby expressly excluded, unless there is intent and/or deliberate recklessness on the part of JVS. In such a case, JVS only grants the Client a warranty in the form of repair or replacement (at JVS's discretion) of the defect if JVS can validly invoke its own warranty against the relevant supplier in respect of those Goods. Insofar as JVS attempts to find a solution with the Client - to which it is in no way obliged - this never implies that JVS acknowledges liability for the defects/deficiencies concerned.
If the Client purchases used or refurbished Goods from JVS and/or has used or refurbished Goods installed by JVS, JVS is never liable/responsible for the presence of signs of use and minor damage to such Goods, and JVS gives no warranties in that regard.
JVS's warranty obligation does not extend to reimbursement of costs that must be incurred as a result of the defect that has occurred. These costs include, among others, travel and accommodation costs of Personnel, costs of electricity, scaffolding materials, idle time costs, supporting work, crane hire, assembly costs, costs for additional materials/raw materials, and so on.

Article 9. Intellectual Property

JVS's performance of the Agreement does not also entail the transfer of intellectual property rights held by JVS. All intellectual property rights arising during the Agreement/Performance of the Works, or resulting from the performance of the Agreement, belong to JVS.
The Client is expressly prohibited from reproducing, disclosing or exploiting products subject to JVS's intellectual property rights, or products subject to intellectual property rights in respect of which JVS has acquired rights of use. This includes, for example (but not limited to): computer programs, system designs, methods, advice, reports, drawings, photographs, designs, construction specifications, templates, macros, quotations and other works of the mind.
The Client is not permitted to hand over the products referred to in paragraph 2 to third parties without JVS's prior written consent. This does not apply where the Client wishes to obtain an expert opinion on the performance of the Works by JVS. In that case, the Client shall impose its obligations under this article on the third parties it engages.

Article 10. Agreed Price

The Agreed Price that the Client must pay to JVS under the Agreement (Performance of the Works) is always an amount in euros, exclusive of VAT and other (possibly) payable taxes, transport costs and Additional Costs.
If and insofar as the Goods sold by JVS qualify as margin items and meet the relevant conditions, as determined at JVS's sole discretion, no separate VAT will be stated on the invoice (in respect of those margin items). In that case, the Client has no right to deduct VAT. The same applies to intra-Community Deliveries/Completions by JVS if the conditions are met, as determined at JVS's sole discretion.
In the event of a merger, divestiture of (part of) the business, liquidation, (application for) bankruptcy, (precautionary) attachment or (application for) suspension of payments of the Client, or significant changes in the Client's management, all claims of JVS against the Client become immediately due and payable.
If no Agreed Price has been agreed, the costs for the Performance of the Works will be calculated at JVS's standard rates, as ultimately decided at JVS's sole discretion.
All offers, quotations, price lists, etc. are without obligation, unless expressly stated otherwise by JVS.
Offers or quotations do not automatically apply to subsequent Agreements, orders or purchases.

Article 11. Costs

All extra costs arising during or as a result of the Performance of the Works, for example as a result of unforeseen circumstances, such as delays, extra travel and accommodation expenses, additional work, extra deployment of personnel, or additional material and transport costs, will be charged by JVS to the Client, whereby the same (payment) terms as those applicable to the Agreed Price apply.
Additional work exists, among other things, if the performance of the Works is delayed by an act or omission of the Client, or by its failure to fulfil obligations under the Agreement, in which case JVS is entitled to extend the period for performance of the Works by a reasonable period, at least equal to the duration of the delay. This also applies if the agreed advance payment or other payment due has not been received, or if the Client has not provided the required security in accordance with the Agreement.
Additional work also exists, among other things, if:
1. JVS must carry out more Works, or carry out Works over a longer period, for the Performance of the Works (Delivery of Goods and/or provision of the Services) than was agreed with the Client when entering into the Agreement, or than was intended at the time of entering into the Agreement;
2. additional materials/raw materials and/or Goods are needed for the performance of the Agreement or for its proper fulfilment, beyond what was agreed when entering into the Agreement;
3. during the Performance of the Works and/or performance of the Agreement, the Client expects additional Works from JVS beyond what was agreed when entering into the Agreement;
4. the (terms of the) Agreement and/or the specification of the Works changes compared to when the Agreement was entered into, as a result of which additional costs must be incurred by JVS and/or more Works must be carried out, or Services must be provided or Goods must be delivered;
5. the Client has made a (tacit) request to JVS for the performance of additional work. A tacit request here includes, among other things (but is not limited to), the performance of additional work by JVS on reasonable grounds without the Client having explicitly requested it, but also without having objected to it at the start of the performance of the additional work;
6. the Agreement is expanded, or the Performance of the Works is expanded, due to an omission or act of the Client.
The Client is required to reimburse JVS for the costs of additional work in accordance with JVS's customary rates for the relevant Works, Services, Goods and other costs.
JVS is never obliged to comply with a request from the Client to perform additional work.
JVS is entitled to pass on to the Client cost-increasing circumstances that are not solely attributable to JVS and that arose after the Agreement was entered into. In that context, JVS may increase the Agreed Price by the cost increases resulting from those cost-increasing circumstances.
As soon as JVS and/or its Personnel arrive at the location where the Works are to be carried out, this is deemed to be the commencement of the Works, and the Client accepts the performance thereof (insofar as this had not already occurred). The same applies where JVS and/or its Personnel commence Works at its own location and/or any other location before travelling (or not) to the location where the Works are to be carried out. The Client hereby also accepts

that the costs incurred by the Personnel, including travel, accommodation and fuel costs, are borne by it, even if the Works take longer than originally intended/quoted.

If, due to circumstances not attributable to it, JVS is unable to perform the Agreement/Performance of the Works, in whole or in part, the Client is required to reimburse the resulting damage and costs (including idle time costs) incurred by JVS. Idle time costs are calculated on the basis of the agreed rate or, failing that, JVS's customary rate.
Travel costs borne by the Client are in principle calculated at JVS's standard rate per kilometre (subject to unilateral adjustment by JVS). This rate applies to travel costs incurred under the Agreement (by JVS and its Personnel), calculated from the base location in Urk (Keteldiep 21, 8321 MH Urk) to the location where the Works are carried out.
If it becomes apparent during performance of the Agreement that certain Works or Deliveries included in the Agreed Price do not need to be carried out or delivered (reduction in work), this does not entitle the Client to a reduction of the Agreed Price, unless the Parties expressly agree otherwise in writing.
The arising of Additional Costs and additional work is excluded as a ground for dissolution/termination/annulment/withdrawal or other termination of the Agreement.

Article 12. Payment terms

Unless the parties agree otherwise, payment by the Client to JVS must be made within 14 calendar days of the invoice date - without suspension, discount, deduction or set-off against any claim the Client has or believes it has against JVS - by transfer to the bank account number stated on the invoice.
With respect to orders for Goods carried out in parts, JVS is entitled to suspend its (any) delivery obligation until the items already delivered have been paid for in full.
JVS is entitled to invoice the Agreed Price in instalments, or prior to Delivery and Completion.
At any reasonable request from JVS, the Client shall provide security for the full Agreed Price.
If and insofar as the Client objects to the contents of the invoice, such objections must be made known to JVS within 7 days.
If, after expiry of the period referred to in paragraph 1 of this article, the Client has not fulfilled its payment obligations, or not fully, it shall be in default by operation of law. From that moment, the Client owes the then-applicable statutory commercial interest (if the Client is acting in the exercise of a profession or business), or the statutory interest (if the Client is to be regarded as a private individual/consumer).
JVS is entitled to have the collection of amounts due carried out by third parties. The extrajudicial costs are borne by the Client. The extrajudicial costs are set at at least 15% of the amounts due, subject to a minimum of €150, and without prejudice to the right to charge the Client further costs.
Every payment made by the Client shall first be applied to settle the interest due, and then to settle the costs relating to collection. Only after these amounts have been settled shall any payment by the Client be deducted from the outstanding principal claim, whereby the oldest outstanding claim shall be settled first, regardless of the description the Client may have given to the payment.

Article 13. Liability and indemnities

The provisions of this article relate to both the contractual and the non-contractual liability of JVS towards the Client. JVS's contractual liability does not extend beyond the warranty and repair obligation set out in Article 8 of these general terms and conditions. Any obligation to repair or compensate shall never extend to the repair or compensation of further-reaching (non-material) damage or consequential loss arising from the relevant defect, unless there is intent or deliberate recklessness.
JVS is never liable for indirect damage, including: loss of profit, missed savings, collisions (as a result of defects in the Goods and/or the Delivery/Completion), business interruption, and other forms of consequential or indirect damage resulting from JVS's non-performance, late performance or defective performance.
Unless there is intent or deliberate recklessness, or unless expressly provided otherwise in these general terms and conditions, JVS is not liable to the Client on any ground whatsoever for any damage, of whatever nature, direct or indirect. This applies regardless of whether the claim is based on the Agreement, a

tort, or any other legal ground, and includes - without being limited thereto - damage arising from or related to environmental pollution, dry-docking costs, and assembly and disassembly work.

JVS's liability is limited to compensation for the direct damage that is the direct result of a (connected series of) attributable failure(s) in the performance of the Agreement that are attributable solely to JVS. This liability for direct damage is limited to the amount paid out under JVS's liability insurance for the case concerned, and, failing that, to a maximum of the invoice amount of the part of the invoice to which the attributable failure relates. It being expressly understood that JVS is never liable for any form of consequential loss, including collisions as a (possible) result of the Goods supplied by JVS/the result of the Works.
Direct damage includes, among other things: the reasonable costs incurred to establish the cause and extent of the damage, the reasonable costs incurred to bring JVS's performance into conformity with the Agreement, and the reasonable costs incurred to prevent or limit the damage.
At its sole discretion, JVS may also proceed to repair the deficiencies/damage, in which case the Client likewise has no claim to compensation under the liability provisions of Article 13(4). All Additional Costs relating to the repair are borne by the Client. JVS is not liable for damage of any kind arising during or after JVS has (partly) delivered/performed the Works and the Client, during that period, has put into use, processed, treated or (further) delivered the Goods and/or the result of the Works/Services.
A connected series of attributable failures is deemed to constitute a single (1) attributable failure.
The limitations of liability contained in this article do not apply if and insofar as there is intent or deliberate recklessness on the part of JVS.
The Client is required to take measures to limit damage. JVS has the right to undo or limit the damage by repairing or improving the Works carried out.
The Client indemnifies JVS against claims from third parties (including JVS's Personnel and third parties engaged by JVS) who suffer damage in connection with the performance of the Agreement, where that damage results from an act or omission of the Client or from unsafe situations within its business or organization.
Any exclusion or limitation of liability in these general terms and conditions may also be invoked against the Client by JVS's suppliers or auxiliary persons.
Every claim against JVS lapses upon expiry of twelve (12) months from the moment the claim arose, except in cases where JVS has acknowledged the relevant claim to the Client in writing.

Article 14. Right of suspension

JVS is entitled, after carefully weighing the interests involved, to suspend performance of all its obligations until all due and payable claims against the Client have been paid in full.
If the Client fails to fulfil one or more of its obligations, or does not do so in time or properly, or if there are good grounds to assume that the Client is or will be unable to fulfil its contractual obligations towards JVS, JVS has the right to suspend performance of the Agreement or to dissolve the Agreement, in whole or in part, by means of a written declaration, without any prior notice of default being required. This right also applies if the Client is declared bankrupt, applies for (provisional) suspension of payments, proceeds to liquidate its business, or if (part of) its assets are attached. In all these cases, JVS retains the right to full compensation for costs incurred, damage suffered and interest due.
JVS is entitled to dissolve the Agreement if, given the nature of the circumstances that arise, performance of the agreement proves impossible, or can no longer reasonably be required according to standards of reasonableness and fairness, or if other circumstances arise of such a nature that unchanged continuation of the Agreement cannot reasonably be expected.
If the Client validly dissolves, terminates or otherwise ends the Agreement, which is only possible if a force majeure situation continues for at least 6 consecutive months, JVS is entitled to (cumulatively):
1. compensation of the Agreed Price under the Agreement, calculated according to the state of the Performance of the Works at the time of dissolution or termination;
2. compensation of 10% of the remaining part of the Agreed Price under the Agreement that the Client would have owed upon full Performance of the Works;
3. compensation for all costs incurred and still to be incurred, arising from obligations that JVS had already entered into at the time of dissolution or termination with a view to the performance of the Agreement.
Any other form, other than as provided for in these general terms and conditions, of full or partial dissolution, annulment or termination of the Agreement by the Client is excluded. The Client hereby also expressly and irrevocably waives the right to claim, in legal proceedings, a modification of the effects of the Agreement within the meaning of Section 6:230(2) of the Dutch Civil Code.

Article 15. Limitation period

Unless otherwise provided in these general terms and conditions, claims and other rights of the Client against JVS, on whatever basis, in connection with the Performance of the Works/the provision of Services and/or the Delivery of Goods by JVS, shall lapse in any event one year after the moment the Client became aware, or could reasonably have become aware, of the existence of these rights and powers.

Article 16. Confidentiality clause

The Client is required to maintain complete confidentiality regarding all information of a confidential nature that has become or becomes known to it in connection with the Agreement and the Performance of the Works.
This confidentiality obligation also applies to anyone acting on behalf of the Client, or falling under its responsibility (for example, personnel and hired third parties). The Client is itself required to impose this confidentiality obligation on the aforementioned (legal) persons.
The Client is only permitted to use the aforementioned confidential information if and insofar as this proves necessary in connection with the performance of the Agreement.
At JVS's first request, the Client is obliged to provide or return the confidential information to JVS.

Article 17. Governing law and choice of forum

The Agreement and these general terms and conditions are governed by Dutch law.
All disputes shall be settled by the District Court of Midden-Nederland, location: Lelystad.

Article 18. Severability clause

If any provision of these general terms and conditions or of the underlying Agreement should be wholly or partly null and/or invalid and/or unenforceable, whether as a result of any statutory provision, judicial decision, or otherwise, this shall have no effect whatsoever on the validity of all other provisions of these general terms and conditions or the underlying Agreement.
If any provision of the Agreement, or part of the Agreement, cannot legally be relied upon, the remaining part of the Agreement shall remain in full force, provided that the provision relating to the part that cannot be relied upon shall be deemed to have been adjusted in such a way that reliance on it is possible, whereby the legal effects correspond as closely as possible to those of the invalid and/or non-binding part of the provision concerned.
Annulment/dissolution/withdrawal or other termination of the Agreement and these general terms and conditions by the Client is excluded, except for the possibilities offered for this purpose in these general terms and conditions.