Terms & conditions

Article 1 – Applicability

1. These general terms and conditions apply to all offers, quotations, work, agreements and deliveries of goods and services by Dr. Evinrude, hereinafter referred to as the “Contractor”, to its clients, hereinafter referred to as the “Customer”.
2. In these terms, work includes in any case: the purchase, sale, maintenance, repair, servicing and dismantling of (outboard) motors, vessels and related articles.
3. Deviations from these terms are only valid if they have been expressly agreed in writing between the Contractor and the Customer.

Article 2 – Quotations, Prices and Additional Work

1. All quotations and price estimates by the Contractor are without obligation, unless a period of validity has been expressly stated in writing.
2. Prices for consumers are shown including VAT. Prices for business customers (B2B) are shown excluding VAT.
3. If, during maintenance or repair work, it appears that additional work is required to guarantee safety or proper functioning, the Contractor is entitled to carry out this work immediately up to an excess of no more than 10% of the original price estimate.
4. If costs are expected to exceed the estimate by more than 10%, the Contractor will consult the Customer in advance. If the Customer does not agree to the additional work, the Contractor is entitled to terminate the agreement, in which case the hours already worked and material costs must be reimbursed by the Customer.

Article 3 – Payment and Collection Costs

1. Unless otherwise agreed in writing, payment must be made immediately upon completion of the work or delivery of the goods (in cash or via Tikkie).
2. If the Customer does not pay within the agreed period, the Customer is in default by operation of law. From that moment the Customer owes the statutory interest.
3. All extrajudicial collection costs the Contractor has to incur to collect the claim are entirely for the account of the Customer, in accordance with the Dutch Collection Costs Act (WIK).

Article 4 – Right of Retention

1. The Contractor has a statutory right of retention on all goods (including outboard motors, boats and parts) of the Customer that are in the Contractor’s possession for work or sale.
2. This means the Contractor has the right to physically retain the outboard motor, the boat or other goods and to refuse to release them to the Customer until the Customer has paid all outstanding invoices in full, including any interest, collection costs and storage costs.

Article 5 – Collection and Storage Costs

1. As soon as the maintenance or repair work has been completed, the Contractor will notify the Customer. The Customer is obliged to collect the vessel, the outboard motor or the goods within 14 days of this notification.
2. If the Customer does not collect the goods within 14 days, the Contractor is entitled to charge a reasonable fee for storage and site rental (storage costs) from the 15th day. These costs must be paid, together with the principal sum, before the goods are released.

Article 6 – Risk, Force Majeure and Insurance

1. The risk of loss, theft, damage or destruction of goods owned by the Customer that are with the Contractor for repair, maintenance or storage remains with the Customer at all times.
2. The Customer is obliged to keep the vessel and the associated (outboard) motor adequately insured (hull insurance and third-party liability) for the period they are with the Contractor.
3. Damage to the Customer’s property caused by force majeure (including fire, theft, burglary, storm, lightning, high water or vandalism) is excluded from the Contractor’s liability.

Article 7 – Liability and Test Runs

1. The Contractor’s total liability for attributable failures in the performance of the agreement is, except in the case of intent or gross negligence, at all times limited to the amount invoiced for that specific assignment (excluding VAT).
2. Any liability of the Contractor for indirect or consequential damage is expressly excluded. Consequential damage includes in any case: towing costs, salvage costs, transport costs, loss of profit, lost holiday days, downtime or reduced boating enjoyment.
3. Test runs carried out by or on behalf of the Contractor for diagnosis or inspection after repair are entirely at the risk of the Customer (the owner of the vessel).

Article 8 – Warranty on Repairs and Service

1. The Contractor provides a 3-month warranty on the repair and maintenance work it has carried out, counting from the day of completion. Under this warranty the Contractor will repair free of charge any defects resulting from improperly performed workmanship.
2. No warranty is given for defects resulting from normal wear and tear, external factors (such as corrosion or limescale), or parts supplied by the Customer.
3. Any warranty claim lapses immediately if:
   1. The Customer, or a third party without the Contractor’s prior written consent, has worked on or made changes to the repair carried out;
   2. The defect results from negligent maintenance or improper use by the Customer (such as running without cooling water, running in shallow water with ground contact, running with oils and lubricants other than those prescribed by the manufacturer, running on wrong, contaminated, stale or ethanol-containing petrol without Evinrude 2+4 fuel conditioner, or ignoring warning signals such as limp mode, sounds and visual warnings from the engine management system).

Article 9 – Warranty and Conformity on Sale

1. When used (outboard) motors and vessels are sold to consumers, the statutory conformity rules apply (Article 7:17 of the Dutch Civil Code). The Customer may have reasonable expectations of a used product, which are closely related to the purchase price, year of manufacture, running hours and visual condition of the item. Normal wear and tear falls outside conformity.
2. If an engine or vessel is explicitly sold by the Contractor as a “project”, “trade engine” or “for parts”, the Customer agrees that the item may have known or unknown technical defects and that its functioning is limited. In that case, statutory conformity is reduced to the lowest possible level.
3. If the Customer makes a justified claim under the statutory warranty or conformity, the Customer must report the item to the Contractor in writing within a reasonable period (no later than two months after discovery). The Contractor always has the first right to repair the defect free of charge in its own workshop. Costs of repairs carried out by third parties without consultation will never be reimbursed.
4. Any warranty claim lapses immediately if:
   1. The Customer, or a third party without the Contractor’s prior written consent, has worked on or made changes to the engine;
   2. The defect results from negligent maintenance or improper use by the Customer (such as running without cooling water, running in shallow water with ground contact, running with oils and lubricants other than those prescribed by the manufacturer, running on wrong, contaminated, stale or ethanol-containing petrol without Evinrude 2+4 fuel conditioner, or ignoring warning signals such as limp mode, sounds and visual warnings from the engine management system).
5. Exclusion for Extreme Loads and Racing: Any claim for repair, replacement or warranty lapses if the vessel, boat or (outboard) motor supplied is used for purposes other than regular recreational use. Improper and abnormal use includes in any case: taking part in races, (speed) competitions, performance runs, official or unofficial sporting events, as well as structurally loading the engine for long periods outside the standards prescribed by the manufacturer. Defects caused by such extreme loads are regarded as damage caused by the buyer.
6. The warranty only covers construction and material defects. Damage or reduced performance resulting from normal wear and tear through regular use is excluded from free repair. Parts that are subject to normal wear and need periodic replacement (consumables) are not covered by the warranty, unless the defect is demonstrably caused by an underlying manufacturing fault. These include, among others: spark plugs, filters, water pumps, impellers, injectors, exhaust sensors, trim relays, fuel pumps, pressure sensors, propellers and oil seals.
7. In business-to-business (B2B) transactions, where an engine or vessel is sold to a party acting in the course of a profession or business (such as another dealer or legal entity), any form of warranty, non-conformity or liability for defects is fully excluded. The item is sold in the condition it is in (“as is”).

Article 10 – Applicable Law and Disputes

1. All legal relationships between the Contractor and the Customer are governed exclusively by Dutch law.
2. Disputes between the Contractor and the Customer will in the first instance be submitted exclusively to the competent court in the district where the Contractor is established, unless mandatory law prescribes another court.