GENERAL TERMS AND CONDITIONS OF BROBS MARINE B.V.

 

 

General Terms and Conditions of Brobs Marine B.V.

 

1. Applicability
   • These General Terms and Conditions (hereafter “GTCs”) shall solely govern all agreements, legal relationships, offers, sales, and services involving Brobs Marine B.V. (referred to as “Brobs Marine”) and its Customers.
   • Brobs Marine’s offers and agreements are predicated on these GTCs, which come into effect upon the proposal or agreement and any Customer order, sustaining validity throughout the commercial relationship.
   • Any deviation from these GTCs is only recognized with Brobs Marine’s explicit written consent.
   • The application of the Customer’s or third parties’ general terms and conditions is expressly excluded.

 

2. Offers and Pricing
   • Brobs Marine’s offers are non-binding, valid for 14 days unless specified. Brobs Marine can withdraw any offer at its discretion.
   • Acceptance of offers can be retracted by Brobs Marine within four working days after the Customer’s acceptance.
   • Customer requests for quotations are based on the accompanying information provided.
   • Customers must communicate any specific product or service requirements in writing before finalizing the agreement.
   • Offered prices are in Euros, exclude VAT, and do not cover additional costs unless otherwise documented.
   • Packaging costs are charged at cost and are non-refundable.
   • Promotional materials are changeable and not legally binding.
   • Delivery or service timelines are estimates and not guaranteed.

 

3. Agreement Formation
   • An agreement with Brobs Marine is established upon written acceptance of an offer by the Customer, acceptance of the Customer’s order by Brobs Marine, or the initiation of service delivery.
   • Once an agreement is formed, the Customer may not cancel or otherwise alter the agreement.
   • Brobs Marine reserves the right to adjust prices due to cost-increasing factors post-agreement formation.
   • Modifications to the agreement are valid only if documented in writing.

 

4. Agreement Execution
   • Brobs Marine sells based on Ex Works (Incoterms 2020). Risk and responsibility for transport fall on the Customer.
   • Customers are responsible for arranging their own transport insurance.
   • All necessary information for fulfilling the agreement must be supplied by the Customer in a timely and accurate manner.
   • Brobs Marine is not liable for the results stemming from advice given to the Customer.
   • Customer-supplied designs or specifications are not the responsibility of Brobs Marine.
   • The countdown to delivery begins once all technical details are settled, and all required information is provided.
   • Goods should be inspected upon delivery, with any issues reported within three days.
   • Returns are subject to Brobs Marine’s written approval.

 

5. Service Performance
   • Offsite services are performed at the Customer’s risk.
   • Assembly services do not encompass repair or maintenance of pre-existing equipment unless agreed upon.
   • All extra expenses will be billed to the Customer.
   • Service completion is marked by notification to the Customer, and any subsequent work is billed separately.
   • Complaints regarding services must be lodged before Brobs Marine personnel leave the service site.

 

6. Force Majeure
   • Brobs Marine may suspend or terminate its obligations under conditions of force majeure without Customer entitlement to agreement dissolution.
   • Force majeure encompasses any unforeseeable circumstances outside of Brobs Marine’s control.
   • Costs arising from force majeure may be invoiced to the Customer.

 

7. Warranty and Claims
   • Brobs Marine offers no assurance for product suitability beyond the scope specified before or during the agreement.
   • Claims must be lodged within the prescribed timeframes, beyond which goods/services are deemed accepted.
   • Warranty claims are void six months post-delivery or service completion.
   • Warranties do not cover defects arising from misuse, insufficient maintenance, or unauthorized Customer modifications.

 

8. Liability
   • Brobs Marine’s liability is confined to fulfilling warranty commitments.
   • Brobs Marine is not liable for indirect or consequential losses or damages.

 

9. Payment
   • Payment terms, unless otherwise arranged, are 30 days post-invoice.
   • Late payments incur additional interest and collection fees.

 

10. Retention of Title
    • Title to goods remains with Brobs Marine until full payment and all obligations are fulfilled by the Customer.

 

11. Suspension and Termination
    • Brobs Marine can suspend its obligations if the Customer defaults on its responsibilities.
    • Brobs Marine reserves the right to terminate the agreement under specific circumstances, such as insolvency or non-compliance by the Customer.

 

12. Intellectual Property
    • Intellectual property rights pertaining to Brobs Marine’s offerings remain solely with Brobs Marine.

 

13. Data Protection
    • Data protection practices adhere to the General Data Protection Regulation (GDPR) and relevant legislation.

 

14. Sanctions and Anti-Corruption
    • The Customer is mandated to comply with all relevant sanctions and anti-corruption regulations.

 

15. Miscellaneous
    • Assignment of rights and obligations requires Brobs Marine’s written approval.

 

16. Governing Law and Disputes
    • These GTCs are interpreted under Dutch law, excluding the UN Convention on the International Sale of Goods.
    • Disputes are subject to the jurisdiction of the competent court in The Hague, Netherlands, though Brobs Marine retains the discretion to bring claims in other courts.

 

 

Brobs Marine B.V.

Spaarneplein 2

2515 VK Den Haag

The Netherlands

CoC 90501012