Range: The scope of these terms and conditions. These terms and conditions govern the contractual relationships
between Expert and client as written in the Agreement.
They form part of the expertise report and also apply to third parties who want or would like to assert rights in any way with regard to the expertise and/or the expertise report.
Recreational craft: Watercraft, excluding personal watercraft, intended for sports and leisure purposes of hull length from 2.5m to 24m regardless of the means of propulsion, as stipulated in the UK RECREATIONAL CRAFT REGULATIONS 2017 Guidance.
Expert: Peter G. Overlaet.
Expertise: Execution of the assignment by the expert.
Assignment: Inspection, partial inspection, test run, assessment of suitability for the intended purpose/sailing area of a pleasure craft, to be carried out by the expert for the client.
Client: The natural and/or legal person who gives the assignment to the expert.
Expertise report: Written report with the purpose of the expertise and the findings, recommendations, advice and tips of the expert, drawn up based on the expertise.
(Part) Inspection: A (partial) investigation into the technical and/or structural condition in which a pleasure craft and the associated parts and equipment are on board during the investigation. In addition, if desired, the suitability of the pleasure craft for the intended purpose/sailing area of the client and the expectations and knowledge that the client has with regard to the maintenance of the pleasure craft are also considered.
Agreement: The signed and dated agreement between the expert and client, whereby the expert undertakes to perform an assignment determined in advance between the parties against payment.
Written: Written on paper or in an email.
Date: The time of closing the (partial) inspection on the relevant working day.
Test run: Trial and practical experimental research into the sailing characteristics of the pleasure craft, with the aim of gaining a picture of the sailing behavior of the pleasure craft, the state of rigging and sails and the operation of the propulsion installation, including engine, engine power, gearbox, propeller shaft, propeller, etc.
Validity in time of claims against the expert: One year after the date of submission of the expert's report to the client, all claims of the client against the expert expire.
Arrangement of the pleasure boat: The pleasure boat that is the subject of the (partial) inspection is properly, safely and accessibly arranged during the execution of the assignment. This arrangement means both dry and moored.
Article 1: Rights and obligations
1.1 The client is required to inform the expert as fully as possible in good time before the expertise with regard to the assignment and / or pleasure craft and to provide all information that could be important in the context of the expertise.
1.2 After accepting the assignment, the client will de facto assign it to the expert, unanimously and without interference from third parties.
1.3 Expert performs the assignment to the best of its knowledge and ability in accordance with the current state of the art and known at the time of the expertise and in accordance with the rules of good workmanship according to survey best practices.
1.4 Yukali Yacht Survey and Expertise explicitly undertakes never to provide any confidential information given by the client to third parties and never to allow access to this information, unless required by a court of law.
1.5 From the conclusion of the agreement up to and including the submission of the expertise report, there is a commitment between the client and the expert to exchange information with the aim of facilitating smooth cooperation.
Article 2: Role of the expert
2.1 The expert determines, in consultation with the client, how the assignment will be carried out.
2.2 After accepting the assignment, the expert confirms the place and time of the expertise in writing to the client.
2.3 If the expert considers it necessary for the proper performance of the assignment, he or she may be assisted by one or more experts for a specific part of the expertise.
2.4 If the client deems the involvement of experts for a certain part of the expertise unnecessary, this will be stated in the expertise report and recommendations for further investigation will be included. The liability of the expert for this particular part of the expertise expires in this case.
2.5 Unless otherwise agreed, the expert reports to the client in writing within three (3) working days after completion of the execution of his assignment.
2.6 The work of the expert ends with the submission of his expertise report.
2.7 The rates and travel costs can be found on the website www.yukali.eu or can be requested from the expert and will be discussed prior to the conclusion of the agreement.
Article 3: Role of the client
3.1 The client guarantees that the information provided by him is correct and complete.
3.2 If the client is not the owner of the recreational craft, the client shall ensure that the latter has given competent approval for the expertise.
3.3 The client ensures that the minimum conditions with regard to the nature of the assignment are met in order to reasonably be able to carry out a representative assignment.
3.4 The client will prepare the pleasure craft at its own expense for a (partial) inspection and / or test run.
3.5 During the expertise, the client is liable for damage caused by an attributable shortcoming on the part of the client.
3.6 The client shall ensure that the expert with regard to the implementation of the expertise gives access to shipyards, landings, goods, pleasure craft, installations and marinas that are necessary for the performance of the assignment.
3.7 The client ensures that the installation of the pleasure craft, which is the subject of the (partial) inspection, is sound and technically safe and is also accessible for inspection wherever technically feasible.
Article 4: Formation of the agreement
4.1 The agreement is concluded the moment the expert confirms the assignment to the client, or so much earlier as it appears that the assignment has been accepted by him. Proof of the conclusion of the agreement can also be proven by the parties in other ways.
4.2 If the expert does not consider the client's requirements with regard to the assignment to be feasible, he will inform the client in advance.
4.3 Unless otherwise agreed, the expertise in the case of a (partial) inspection is limited to the places and parts of the recreational craft that are reasonably accessible and to parts and equipment that are present during the expertise.
4.4 The agreement and oral changes and / or additions thereto must be confirmed in writing as quickly as possible.
4.5 The agreement must in any case describe the nature, scope and content of the assignment to be carried out by the expert and specify the period within which the assignment must be carried out.
4.6 The expert has the right to charge extra costs that are the result of changes to the assignment or that result from interruptions in his work, insofar as these are not the result of causes attributable to the expert. The client must be informed of this within due time. In the event that changes and / or additions occur after the conclusion of the agreement, these must be mutually confirmed in writing by the expert and the client.
4.7 The expert has the right to charge extra costs that are the result of changes and / or additions to the assignment or that result from interruptions in his work, insofar as these are not the result of attributing the expert causes.
Article 5: Conclusion and Dating expertise and validity over time
5.1 The expertise is validly dated and concluded in writing after the expertise has been completed, and this by signator per signature.
5.2 After the expertise has been closed, the expertise report is valid for the period before the client closes by signature.
5.3 After this time of conclusion of the expertise by the client possible changes, of whatever form and in whatever capacity, in the condition of the pleasure craft, no longer form part of the content of the expert's report prepared.
5.4 Conclusion, the content of the expertise report only applies to the condition of the pleasure craft during implementation of the expertise and immediately before the conclusion of the expertise for the client.
Article 6: Content description of the partial inspection and reservation
6.1 A partial inspection must state in advance in detail for which components no expertise is deemed necessary. The expertise report states this in detail. The liability of the expert for these specific parts of the expertise expires in this case.
Article 7: Liability
7.1 The expert is not liable for damage resulting from unlawful use of the expertise report.
7.2 The expert is not liable for any damage to or loss of value of the pleasure boat inspected.
7.3 The expert is not liable for work that has not been performed insofar as he was not reasonably required to perform this work in the context of his assignment.
7.4 The expert is not liable for damage caused as a result of incorrect and / or incomplete information provided by the client.
7.5 The expert is in no way liable for indirect costs and indirect damage such as loss of holiday enjoyment, replacement holiday accommodation or mooring fee, which is the result of a shortcoming in the performance of the assignment that can be attributed to him.
7.6 The client indemnifies the expert against all claims from third parties for compensation for damage or otherwise, which are directly or indirectly related to the agreement between the expert and the client. If damage should be caused to the pleasure craft that is the direct result of a deficiency in the execution of the assignment by the expert and that is attributable to him, the liability of the expert is limited to a maximum of ten times that for the assignment in question.
7.7 One year after the date of submission of the expert's report to the client, all claims of the client against the expert expire and are therefore null and void.
7.8 Technical recommendations on the behavior of materials in the future, service life, replacements or repairs and the associated costs are estimates only. These do not constitute a commitment from the expert and no rights can be derived from it.
Article 8: Cancellation and dissolution
8.1 The client is authorized at all times to cancel the order. If the cancellation of the assignment is received by the expert less than five (5) working days before the agreed time of execution of the assignment, the latter is entitled to charge 50% of the rate owed by the client.
8.2 If one of the parties does not fulfill its obligations under the agreement, the other party is entitled to terminate the agreement, unless the shortcoming does not justify the termination due to its special nature or limited meaning.
8.3 The expert is entitled to terminate his work with immediate effect and to dissolve the agreement without retroactive effect if the client is declared bankrupt, insolvent, waives the estate, submits a request for suspension of payment, there is debt restructuring, seizure of all or part of the client's property, or if the client dies or is placed under guardianship. In all these cases, the expert continues to be entitled to reimbursement of his costs, interest and any damage.
8.4 If and insofar as the expert cannot fulfill his obligations under the agreement, not fully or not in time or at the agreed location as a result of force majeure, he is entitled to terminate the agreement in question, without being liabl
Article 9: Rates, travel costs and payment
9.1 The rates and travel costs will be discussed prior to the conclusion of the agreement.
9.2 The rates and travel costs include VAT.
9.3 Payments are made in cash or by transfer to a bank or giro account to be designated by the expert and must take place within fifteen (15) days after the invoice date.
9.4 If the client has not paid within the specified period, the expert will send a reminder invoice. If this reminder invoice is not paid on time, the expert has the right to charge administration costs and the statutory interest from the first due date until the date of full payment.
Article 10: Complaints
10.1 Complaints about the expertise must be submitted in writing and properly explained to the expert within a reasonable time after the client has established or was able to ascertain the complaint. The expert will handle the complaint and respond within ten (10) working days after receipt.
10.2 Complaints about an invoice must be submitted in writing and properly explained to the expert within ten (10) working days after receipt of the relevant invoice. The expert will handle the complaint and respond within ten (10) working days after receipt.
10.3 The consequences of complaints that have not been submitted on time will be borne by the client.
Article 11: About the terms and conditions
11.1 The general terms and conditions of Yukali Yacht Survey and Expertise are available on the yukali.eu website. In addition, they are sent to the client by email. The client can also receive these general terms and conditions in writing by post.
12.2 The client acknowledges having taken knowledge of these general terms and conditions and having read and understood them at the conclusion of the assignment.
12.3 The general terms and conditions form part of the expertise report and also apply to third parties who want or would like to assert rights in relation to the expertise and / or the expertise report.
12.4 After the conclusion of the agreement, the client acknowledges these general terms and conditions as valid and binding. Only the general terms and conditions of Yukali Yacht Survey and Expertise apply after the conclusion of the agreement. This is recognized as such by the client. General terms and conditions used by the client do not apply to the agreement concluded between the client and the expert, unless agreed otherwise in mutual consultation and agreed in writing by the parties.
12.5 Changes to or additions to these general terms and conditions must be explicitly confirmed in writing by the expert and only apply to the assignment for which the change or addition has been agreed.
Article 12: Applicable law
All agreements to which these general terms and conditions apply, as well as all other agreements arising from them, are exclusively governed by Belgian law. All disputes between parties concerning agreements that are subject to these general terms and conditions, fall exclusively under the jurisdiction of the court of the judicial district of GENT. In the event of a conflict between this text and a text of these general terms and conditions written in another language, the Dutch text will prevail. If any provision of these general terms and conditions is not valid for whatever reason, these general terms and conditions will remain in force for the rest. The invalid provision will be replaced by a provision that is as close as possible in content to the invalid provision.
Article 13: Copyright
13.1 The expert report is and remains the sole property of the expert, in particular Yukali Yacht Survey and Expertise by expert Peter G. Overlaet. The client receives his / her copy of this expertise report. This report, including all photographs, recordings, emails and written findings and annotations, may only be used by the client and is therefore not transferable.
13.2 Subject to the exceptions laid down in or pursuant to the Copyright Act of 1912, none of the findings set out in writing by the expert for the client may be reproduced or made public in any form or by any means, electronic, mechanical or otherwise. photocopies, recordings or other means without prior written permission from the expert.
13.3 All rights reserved. Nothing in these Terms and Conditions may be reproduced, stored in an automated database and / or made public in any form or by any means, whether electronic, mechanical, by photocopies, recordings or in any other way without prior written permission from Yukali Yacht Survey and Expertise.