Each client (hereinafter “The Client” ) of SuperYacht Company B.V. must read, agree with, and accept all of the terms and conditions contained in this document.
SuperYacht Company B.V. is a company incorporated in the Netherlands, having an office at Singel 260, 1016 AB, Amsterdam, The Netherlands, registered under the Dutch Chamber of Commerce 52966461 hereinafter “The Company”.
SuperYacht Times is a registered trademark of SuperYacht Company B.V. References in these terms to “SuperYacht Times” (or “we”, “us”, or “our”) refer to SuperYacht Company B.V.
FULL COMPANY DETAILS
SuperYacht Company B.V. Singel 260
1016 AB Amsterdam
+31 20 773 2864
VAT #: NL860997388B01
Dutch Chamber of Commerce with number 52966461
APPLICABILITY OF THESE TERMS AND CONDITIONS
The Company’s general terms and conditions of sale, delivery and payment shall apply with the explicit rejection of all other terms and conditions - to all offers and contracts. Special stipulations deviating from our general terms and conditions will only be binding if they have been agreed in writing. A client who has previously done business with us and on this basis was able to take cognizance of these terms and conditions is also assumed to have taken cognizance of them with respect to later offers and transactions
All quotations shall be free of engagement unless explicitly stated otherwise. If a quotation is made without engagement and is accepted by The Client, then The Company will be entitled to withdraw the offer within 8 working days after acceptance is received, unless the advertising or intelligence service(s) have already been activated. Verbal offers from The Company or it’s employees will not be binding unless they have been confirmed by us in writing.
Payments must be made in Euro (€), without the deduction of any discount and, if not otherwise agreed, within 14 days of the date of invoice. If, after The Company’s services have been delivered, it becomes known to us that The Client is in an unfavourable financial position, we will be entitled to require either immediate payment or the provision of security.
Delayed Payments: a €40 fee plus 8% interest for late payments calculated from the date of invoice will be applied in accordance with directive 2011/7/EU.
CANCELLATION & TERMINATION
Opportunities to cancel the advertising and other services provided by The Company once a contract has been signed by The Client are very limited. Any cancellation request for advertising booked in the upcoming 12 months from the date of the request by The Client can not be accepted. Any advertising booked by The Client with a start date later than 12 months from the date of request can be cancelled in discussion with The Company. Subscriptions to SuperYacht Times iQ can be cancelled at any given time, however, the cancellation will take effect after the current contract has expired and all invoices have been paid. Any contracts that are automatically renewed per month require a 30 days notice.
If The Client fails to pay for the advertising services in accordance with this order and these terms and conditions, or if The Client enters bankruptcy, becomes insolvent, has a receiver or administrator or liquidator or manager appointed over any of their assets or if The Client resolves to liquidate their company, then The Company may (at their absolute discretion) cancel any current advertising campaigns and terminate any agreements for advertising that is yet to be published and take proceedings against The Client to recover any overdue amount including costs in relation to any action taken against you by us.
OBLIGATIONS OF THE CLIENT
The Client shall furnish The Company with sufficient information on content, planning, advertising material and other requirements asked for by The Company to carry the services. The Client shall respond to any requests of The Company in the fastest time reasonably possible. Any delay caused by the lack of response from The Client is the sole responsibility of The Client and extra costs derived from this will be charged to The Client.
Yachts for Sale Promotion
All the material (including, but not limited to, photos, specifications and contact details) to promote the yachts for sale need to be delivered to The Company’s listings team at least one (1) week ahead of the start of the contract. If no or not sufficient material has been received ahead of the start date of the agreement between The Client and The Company, then The Company will still proceed with the contract and The Client will be invoiced accordingly unless agreed otherwise.
The Client is obliged to provide The Company with promotional material that meets our specifications. These specifications will be provided after The Client has signed the agreement with The Company and are always available on request.
Delivery of Advertising
The Company strives for the best possible representation of the submitted promotional material, but cannot guarantee exact reproduction. The Client must take the possibility of pressure and colour deviations into account.
LIABILITY AND DAMAGES
The Company shall not be liable for any costs, damages and/or losses and interest, which might arise as a direct or indirect result of:
A. force majeure, as described in these conditions;
B. use by The Client of our equipment for illegal purposes or intruding rights of third parties.
C. acts of negligence by The Client, his/her employees, or other persons put to work by him/her or on The Clients’ behalf.
Any claim for damages, except those with regard to nonperformance of the guarantee obligations, shall be ruled out. The Client undertakes to indemnify us against any claims from third parties with respect to our deliveries. If, without having received an order for assemblage, The Company indeed provides help and advice of any kind in the assemblage. This will take place at the risk of the other party.
Extraordinary circumstances, such as storm damage and other natural disasters, hindrance by third parties, hindrance of transport in general, total or partial strikes, riots, war or threats of war in this country as well as in the country of origin of the products, lockouts, loss of or damage to the products in transport to us or The Client, failure to deliver or late delivery of goods by our suppliers, export and import prohibitions, total or partial mobilization, obstructive measures of any government, fire, breakdown and accidents at our company or in our means of transport, or in the means of transport of third parties, the imposition of levies or other government measures that bring about a change in the actual circumstances, situations in general in which we cannot be expected to perform (on time) shall be force majeure for The Company, which discharge us from our obligations to deliver (on time), without The Client being able to assert any right whatsoever to claim damages of whatever nature or designation. In such or similar cases, The Company will be entitled, at our own discretion, either to dissolve the contract after a reasonable period of time without being liable for any damages or to demand that the contract be adjusted to the circumstances.
All contracts shall be governed exclusively by Dutch law.
Any disputes arising from the contract concluded between the parties, including the mere claiming of the amount owed, shall be put before the Civil Court of the Netherlands where The Company has their registered office to which The Client consents.