Article 1 - DEFINITIONS
1. Pre-purchase inspection: a general technical inspection of the vessel with the aim of gaining
insight into the condition of the vessel itself and its technical installations.
2. Option: An extension of the standard purchase inspection with a specific and thoroughly
inspected component or installation, such as a lubricant oil analysis or the inspection, pressure
testing, and certification of a gas installation.
3. Budget inspection: a technical inspection of only the underwater hull and the mechanical
propulsion system. All other installations and components are explicitly not inspected or
assessed.
4. Moisture and osmosis testing: an examination of the polyester laminate of the underwater hull
by measuring moisture at strategic locations and assessing any osmosis phenomena, with the
aim of gaining insight into the moisture content of the polyester laminate and determining the
presence or absence of visible osmosis phenomena.
5. Skin thickness measurement: measuring the skin thickness at a number of strategic locations
on the underwater hull of metal vessels, with the aim of obtaining an indication of the average
material thickness of the underwater hull. It cannot be guaranteed that there are no locations
where the material thickness is less than the lowest measured value.
6. Delivery inspection: a general inspection of a new vessel to be delivered, with the aim of
gaining insight into the extent to which this vessel meets the client's order and current quality
requirements of yacht building.
7. Warranty inspection: an inspection of a vessel whose warranty period has not yet expired. The
purpose of the inspection is to identify any defects and production errors that normally fall
within the manufacturer's warranty terms.
8. Construction supervision: advising the client during the construction of a sailing or motor
yacht, as well as assessing the various construction phases and outsourced work if a specific
order has been placed for this.
9. Shell inspection: an inspection to gain insight into the quality of a steel or aluminum shell. This
primarily assesses the extent to which the quality and execution of the welding and grinding
work meet current quality and CE requirements. A shell inspection is explicitly not a structural
calculation, nor is it a test of construction requirements in relation to a specific CE design
category.
10. Engine inspection: a visual and auditory inspection of the ship's engine, including the propeller
shaft installation or saildrive , if these components are located inboard and accessible, to
determine whether further investigation is necessary.
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General Terms and Conditions of the Sailing Yacht Inspector
11. Lubricant oil analysis: having a lubricating oil sample from the engine or transmission
analyzed by an external laboratory to gain insight into the condition of the internal engine
components. The Yacht surveyor
12. only responsible for taking the samples and not for shipping and analyzing them.
13. Gas inspection: the inspection, assessment, and pressure testing of only the gas system on
board pleasure boats, houseboats, and houseboats, or in caravans, campers, and holiday
homes. The gas system is assessed using the relevant NEN or ISO standards. After approval,
the system may be certified.
14. Partial inspection or partial expertise: an inspection of only a specific part, area or
installation of the vessel.
15. Counter-expertise: assessment and expertise of a vessel, a part or component of a vessel
based on a previously issued third-party inspection report.
16. Technical advice and consultancy: advising clients on vessels, houseboats, houseboats, and
technical installations in the broadest sense. The purpose of this advice is to support, guide,
and inform clients.
17. Installation inspection: assessment of technical or electrical installations on board pleasure
boats, caravans, campers, or holiday homes. The installations are assessed for construction
and safety using the relevant NEN or ISO standards.
18. Drawing work: making technical drawings of components, installations and making schematic
drawings with the aim of illustrating or supporting technical advice.
18. Report: the written record of the findings and expertise resulting from the investigations or
inspections referred to in this article.
19. Client: the natural person or legal entity who has issued a written order for one of the services
described in this article to The Yacht surveyor and is to be considered the contracting party in
this regard.
20. The expert: the natural person whose activities consist of performing one of the services
described in this article.
21. The Yacht surveyor: the company , operated in the form of a sole proprietorship, which acts as
the contractor in the contractual relationship with the client and carries out the agreed work.
Article 2 - APPLICABILITY
1. These general terms and conditions apply to all offers, quotations, work, orders, and
agreements between The Yacht surveyor and the client(s) to which The Yacht surveyor has
declared these terms and conditions applicable, unless otherwise agreed in writing. These
terms and conditions also apply to orders with The Yacht surveyor involving third parties.
2. All orders are accepted and executed exclusively by The Yacht surveyor on behalf of the
client(s), notwithstanding Articles 7:404 and 7:407, paragraph 2, of the Dutch Civil Code . Third
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General Terms and Conditions of the Sailing Yacht Inspector
parties cannot derive any rights from the work performed, the results of the work performed, or
the reports provided by The Yacht surveyor.
3. The most recent version of the general terms and conditions, used by The Yacht surveyor,
applies to all agreements concluded between The Yacht surveyor and the client, to the
exclusion of other terms and conditions. Should these terms and conditions be replaced by a
new version, the client hereby declares their acceptance of these terms and conditions.
4. These terms and conditions apply exclusively to agreements concluded between the client and
The Yacht surveyor. Third parties cannot derive any rights from these terms.
5. If one or more provisions of these terms and conditions are invalid, the remaining provisions will
remain in effect. In that case, the parties will consult with each other to agree on replacement
provisions, based as much as possible on the purpose and intent of the original provision.
6. These terms and conditions may have been translated from Dutch into a foreign language. In
the event of any discrepancies between the texts resulting from such translation, the Dutch text
shall prevail.
Article 3 - QUOTES
1. Quotes from The Yacht Surveyor are based on the information provided by the client. The client
guarantees that they have provided all information essential for the design, execution, and
completion of the assignment to the best of their knowledge. Quotes made by the contractor
are non-binding and valid for 30 days, unless otherwise indicated. The Sailing Yacht Inspector is
only bound by the quotes if the other party confirms their acceptance in writing within 30 days,
unless otherwise indicated.
2. The prices in the stated quotations are exclusive of VAT, other government levies and other
costs incurred for the assignment, such as slope and spraying costs, or other costs charged by
third parties, unless otherwise indicated.
3. The expert assessment assignment must at least describe: the nature, content, and scope of
the work to be performed by the Sailing Yacht Inspector; the method by which the fee is
determined; and the timeframe within which the assignment will be carried out.
4. If the acceptance (on minor points) deviates from the offer included in the quotation, The Yacht
surveyor is not bound by it. The order will not be placed in accordance with this deviating
acceptance, unless The Yacht Surveyor indicates otherwise. A composite quotation does not
obligate the The Yacht surveyor to perform part of the order for a corresponding portion of the
quoted price.
5. Quotes do not automatically apply to future orders.
6. The expert assignment and any additional agreements will only be concluded after written
confirmation from the client by returning the signed quotation.
Article 4 - PROVISION OF INFORMATION AND COOPERATION
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General Terms and Conditions of the Sailing Yacht Inspector
1. The Client shall provide The Yacht surveyor in a timely manner with all documents, information
and contact details required for the proper execution of the assignment.
Article 5 - THE AGREEMENT
1. An expert assessment agreement is a contract of assignment, whereby The Yacht surveyor
undertakes to the client, in return for payment, to carry out and report on one of the inspections
or investigations referred to in Article 1, unless the parties have expressly agreed otherwise.
2. The standard pre-purchase inspection is limited to those parts of the vessel that are accessible
for inspection. The inside of tanks is not inspected. Sails are only hoisted and inspected if they
are set and weather conditions permit a meaningful inspection, or if they are laid out in a
suitable location. The assessment of the sail cut is excluded from the standard pre-purchase
inspection. The watertightness of (escape) hatches, portholes, windows, teak decks, and
mounted fittings is not tested. Furthermore, only parts and equipment present on the vessel at
the time of the inspection are inspected.
3. Unless otherwise agreed, only those parts or installations of the vessel that are reasonably
accessible, or have been made accessible, at the time of the pre-purchase inspection and can
be reached without destructive measures will be inspected. Destructive testing is not included
in the standard pre-purchase inspection. The aforementioned work can be performed for an
additional fee if a supplementary order has been placed in writing. Various options are further
defined in Article 1.
4. Inspections of engines and propulsion systems are subject to the provisions of Article 1 of these
terms and conditions. These inspections do not include internal inspections. Engines and
propulsion systems will not be (partially) dismantled unless the client has explicitly instructed
us to do so in writing.
5. For partial inspections, only the specific part, area, or installation of the vessel for which the
order was placed will be assessed. In such cases, The Yacht surveyor will, without obligation,
highlight any immediately apparent issues not covered by the partial inspection in question.
Because this falls outside the scope of the partial inspection, these additional comments are
considered solely as an additional service; no rights can be derived from them. Any liability for
any existing defects that fall outside the scope of the specific partial order and to which no
attention was paid within the scope of the order is expressly excluded.
6. The expert assessment assignment must at least describe: the nature, content, and scope of
the work to be performed by the The Yacht surveyor the method by which the fee is determined;
and the timeframe within which the assignment will be carried out.
7. The Yacht surveyor reserves the right to charge additional costs arising from the assignment or
due to undesirable interruptions or delays beyond the control of the Sailing Yacht Inspector. If
such additional costs arise, the client will be notified as soon as possible.
Article 6 - OBLIGATIONS OF THE YACHT SURVEYOR
1. All work performed by The Yacht surveyor is carried out to the best of its knowledge and ability,
using the state of the art available at the time of the assignment. The The Yacht surveyor is
obligated to use its best efforts, but is not obligated to achieve or guarantee the desired result.
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General Terms and Conditions of the Sailing Yacht Inspector
Estimates of (repair) costs are provided to the best of its knowledge and ability, but do not
guarantee that work or materials can be purchased for the stated amounts.
2. Unless otherwise agreed, The Yacht surveyor will provide a written report with his findings and
expertise no later than 15 working days after completion of the work, unless otherwise agreed
with the client.
3. The Yacht surveyor does not provide data to third parties unless agreed with the client.
4. The work of the The Yacht surveyor ends with the submission of the (final) report.
5. The Yacht surveyor retains the data that he or she deems relevant to the completed assignment
for one year from the date the (final) report is prepared. The Yacht surveyor determines how this
data is stored.
Article 7 - LIABILITY OF THE YACHT SURVEYOR
1. The Yacht surveyor guarantees that his inspection meets reasonable standards of soundness
and reliability. If The Yacht surveyor deems the client's requirements unfeasible and
unworkable, the The Yacht surveyor is obligated to inform the client accordingly.
2. The Yacht surveyor is not liable for any damage the client may suffer as a result of any
ambiguity, incompleteness, inaccuracies, etc., in the services, advice, and reports provided by
The Yacht surveyor, except in the case of intent or gross negligence.
3. Under all circumstances, liability is excluded when these ambiguities, omissions, inaccuracies,
etc., are the result of causes beyond the control of The Yacht surveyor, or fall under the standard
exclusions as stated in the reports provided by the Sailing Yacht Inspector.
4. The Yacht surveyor is not liable for damages resulting from incorrect or incomplete information
provided by the client or third parties, unless the inaccuracy or incompleteness of the
information should have been known to the Inspector.
5. In the event of partial inspections, liability towards the The Yacht surveyor is strictly limited to
that which relates to this part of the order.
6. The The Yacht surveyor is not liable for work not performed or for work that he was not required
to perform in the context of the assignment.
7. During CE inspections, the The Yacht surveyor accepts no liability for compliance with the
European Recreational Craft Act. Whether a vessel is manufactured in accordance with CE
requirements remains the ultimate responsibility of the manufacturer, builder, supplier, or
importer of the vessel.
8. The report drawn up by The Yacht surveyor is not transferable to third parties and third parties
cannot derive any rights from it.
9. The Yacht surveyor is not liable for any damage to the vessel that occurs during the inspection.
The vessel must be adequately insured on the day of the inspection. The Yacht surveyor is also
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General Terms and Conditions of the Sailing Yacht Inspector
not liable for damage to the vessel caused by third parties, such as during lifting, jacking , or
transport operations.
10. In the event of liability of The Yacht surveyor towards clients, liability is limited to the contract
sum or the calculated fee for the relevant assignment.
11. In any event, the liability of The Yacht surveyor is limited to the amount paid out by his insurer in
the event in question.
12. Any liability for consequential damage, direct or indirect, is expressly excluded.
13. Any claim for damages will expire one year after the report date or the date of submission of the
advice to the client to which the work relates.
14. The Yacht surveyor accepts no liability for work carried out by third parties, insofar as they have
entered into an agreement with the client.
15. Except in the case of intent or deliberate recklessness on the part of The Yacht surveyor, the
client indemnifies The Yacht surveyor and its affiliated persons against all claims and legal
proceedings that a third party may have at any time against The Yacht surveyor or its affiliated
persons, or may institute against The Yacht surveyor or its affiliated persons, arising from or
related to work performed by The Yacht surveyor the client. This indemnity also includes the
costs of legal assistance.
Article 8 - THIRD PARTIES
1. To the extent necessary for the proper execution of the assignment, The Yacht surveyor reserves
the right to have (parts of) the work carried out by third parties. He will do so in consultation with
the client and will do his utmost to meet the agreed-upon obligations and quality standards.
2. The Yacht surveyor has the right to accept any limitation of liability that a third party may
stipulate.
3. Any costs arising from the involvement of third parties shall be borne by the client of The Yacht
surveyor
Article 9 - RIGHTS AND OBLIGATIONS OF THE CLIENT
1. The client must provide the The Yacht surveyor with all available information about the vessel to
be inspected prior to the inspection. The client must prepare and make the vessel ready for the
inspection. The costs of preparation and preparation are borne by the client, as are any crane
costs and third-party fee
2. The client must ensure that the assignment can be carried out properly and under acceptable
conditions.
3. The client must ensure that the vessel is adequately insured on the day of the inspection.
Adequate insurance includes, at a minimum, comprehensive coverage (WA-Casco) insurance,
also known as "All-Risk" insurance.
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General Terms and Conditions of the Sailing Yacht Inspector
4. The client is liable to The Yacht surveyor for any damage caused by a shortcoming attributable
to him and/or any third party engaged by him.
Article 10 - PAYMENT TERMS
1. Payments are made, at the discretion of the The Yacht surveyor, in cash or by bank transfer to a
bank account designated by the The Yacht surveyor. The Yacht surveyor reserves the right to
request a deposit from the client in certain cases before commencing work.
2. If the client fails to pay the amount due by the due date stated on the invoice, or in the case of
advance payment, by the scheduled inspection date, they are deemed to be in default by
operation of law. In that case, The Yacht surveyor is entitled to charge statutory interest on the
total amount due from the due date stated on the invoice. All extrajudicial and legal costs
arising from further claims are also the client's responsibility. These are determined in
accordance with the Voorwerk II report, with a minimum of €150.00 (plus VAT), which amount is
due upon the second reminder.
3. All rates are exclusive of VAT and other government-imposed levies, unless expressly stated
otherwise.
4. If the execution is delayed or postponed at the request of the client, or because the client fails
to fulfill his obligations or fails to do so in a timely manner, The Yacht surveyor is entitled to
demand partial payment of his fee at the time when this should have been paid if the planned
work had gone ahead.
5. Travel expenses for all assignments are billed to the client. A digital route planner is used to
determine the number of kilometers to be charged.
6. All invoices must be paid by the client in accordance with the payment terms stated on the
invoice. In the absence of specific payment terms, payment will be made within 14 days of the
invoice date.
Article 11 - INTELLECTUAL PROPERTY
1. All advice, calculations, drawings, documents, books, reports, and other information provided
by The Yacht surveyor before, during, and after the assignment are subject to intellectual
property rights. These intellectual property rights are and remain the property of The Yacht
surveyor its licensors.
2. The client is only entitled to publish or reproduce this material after express written permission
from the The Yacht surveyor
Article 12 - COMPLAINTS
1. Complaints about the performance of the appraisal work must be submitted to The Yacht
surveyor in writing and with an explanation, within a reasonable period, but no later than three
months after the invoice to which the work relates was sent.
2. If a complaint is justified, the contractor will still perform the work as agreed, unless this has
demonstrably become pointless. The client must notify the contractor in writing in this case.
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General Terms and Conditions of the Sailing Yacht Inspector
3. Complaints about invoices must be submitted in writing and with an explanation within 14 days
of the invoice date of the invoice in question, without this giving the client the right to suspend
payment or to claim settlement or compensation for what the client believes he or she is
entitled to claim from The Yacht surveyor
4. The consequences of complaints not submitted on time are at the expense and risk of the
client.
Article 13 - TERMINATION, SUSPENSION AND DISSOLUTION
1. The client is entitled to terminate the agreement at any time, subject to reimbursement of the
costs incurred by The Yacht surveyor up to the moment of termination.
2. If the client fails to fulfill any of their obligations under the agreement, The Yacht surveyor is
entitled to suspend these obligations until the client has fulfilled them. If the client continues to
fail to fulfill their obligations after written notice of default, The Yacht surveyor is entitled to
terminate the agreement and invoice the client for the work performed up to that point.
3. The client has the right to cancel the agreement up to 24 hours before the start of the work. If
cancellation occurs within 24 hours of the start of the work, The Yacht surveyor is entitled to
charge 25% of the contract price or the estimated number of hours.
4. In certain cases, The Yacht surveyor has the right to immediately terminate the work and
dissolve the agreement. This includes, but is not limited to, the following: the client dies, is
declared bankrupt, files for suspension of payments, assigns an estate, seizes part or all of the
client's property, is placed under guardianship, or is in debt restructuring. In such cases, The
Yacht surveyor reserves the right to reimbursement of costs incurred up to the point of
termination of the work or termination of the agreement. These costs also include interest and
any damages incurred.
Article 14 - COMMERCIAL NOTIFICATION
1. In certain cases, such as representative or special assignments, the The Yacht surveyor may
publish information about the assignment itself, or about the work performed within the
assignment, reports produced, photos, or other information, for commercial purposes. This
information will only be published with the permission of the client in question.
Article 15 - DEVIATIONS FROM THE CONDITIONS
1. Individual deviations, including additions or extensions to these terms and conditions, must be
expressly agreed upon by the parties. Acceptance must be recorded in writing by the parties.
Article 16 - APPLICABLE LAW AND DISPUTES
1. Dutch law applies to all agreements between The Yacht surveyor and clients.
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General Terms and Conditions of the Sailing Yacht Inspector
2. Any disputes relating to orders given to the The Yacht surveyor or advice and reports issued will
be brought exclusively before the Central Netherlands court.
3.
Article 17 - LOCATION AND AMENDMENT OF CONDITIONS
1. These terms and conditions have been filed with the Chamber of Commerce under number
88541363.
2. The most recently filed version or the version applicable at the time the legal relationship with
the contractor was established always applies.