Genel koşullar

Our general conditions are drawn up in Dutch. This is a translation of the dutch version where no rights can be derived from.

Article 1 Definitions

In these general conditions shall apply:

• DMI: Dutch Marine Inspection BV , Certification and expertise agency, established its office at Scheemderzwaag 2, 9679 TM Scheemda, Netherlands, registered at the Chamber of Commerce in Groningen under number 02100285.
• Client: the natural or legal person who has ordered DMI to perform work and providing services or products.

Article 2 General

2.1 Unless expressly agreed otherwise in writing, these general conditions apply to the formation, content and performance of all agreements concluded between the client and DMI.
2.2 The general conditions of the Client only apply if in writing has been agreed between the client and DMI and these terms do not conflict with the present terms and conditions. If there is any doubt about whether such a conflict exists, the general conditions of DMI prevail.
2.3 A client that once completed an agreement with DMI under these conditions, is considered to agree possible followed verbally or in writing or otherwise entered agreements by himself, implied the applicability of these general conditions unregarded the agreement is accepted or confirmed in writing.

Article 3 Formation of a contract

3.1 Agreements signed with DMI are only binding if they are recognized by DMI and confirmed in writing by authorized persons, or when DMI actually started to perform the work concerned.
3.2 Later agreements, changes or verbal agreements and / or commitments by or on behalf of DMI, do not bind DMI, unless an autorized person confirmed it in writing.
3.3 When a written agreement or confirmation is provided by DMI, it shall be deemed complete and correctly reflect what was agreed upon with the client.
3.4 DMI is entitled upon or after entering into an agreement, before starting or continuing the provision of services or activities, to request certainty of the client that both payments and other obligations arising out of the agreement will be met.

Article 4 Execution of the work

4.1 All activities and services provided by DMI are performed to the best knowledge and capabilities, in accordance with the requirements of good craftsmanship and taking into account the relevant European legislation for activities and services and, where applicable, standards carried out, without DMI guarantees a (technical) result or current value, liquidation value, new value, market value.
4.2 The assessments and / or reports produced by DMI and information, resources, used methods etc. which it provides may only be used by the client for the specific purpose for which the assessment and / or reporting of DMI has been done.
4.3 Except in the event the client is by DMI in writing authorized, the client is not allowed to copy and / or notify third parties about reports and the information it provides, resources etc. produced by DMI.

Article 5 Tariffs and fees

5.1 The DMI tariffs and fees are on request available for the client.
5.2 If the client did not request a quotation in advance and no fixed price is agreed with the client, the DMI standard rates for similar work apply.
5.3 Costs of experts hired by DMI are recharged to the client. 
5.4 Legally permitted rate changes are expressly reserved, but will first be made known to the customer.

Article 6 Changes in the nature and scope of work and / or services due to external circumstances

After the formation of a contract, changes can be made within the relevant legal arrangements. In addition, present conditions of the client may have changed from those at the time of concluding the agreement. If these changes could not reasonably be met by DMI and result other activities and / or services for DMI, DMI will recharge the extra costs to the client.

Article 7 Ownership and lien

7.1 The property and / or documents under the ownership of DMI, by or on behalf of the client and / or a third party set in its actual power, are located by DMI on accountability and risk of this client and / or third party.
7.2 DMI is entitled to keep secure the goods and / or documents of the client for as long as the client has not fulfilled its obligations to DMI.

Article 8 Obligations of the client

8.1 The client is obliged to provide all information timely, at own cost, that is necessary to properly perform as agreed.
8.2 Client is in the execution of the agreement obliged to do all that, reasonably is necessary or desirable to implement the activities and / or services by DMI as early as possible.
8.3 If the client is in default by not submit the required information to DMI, DMI is entitled to charge the additional costs incurred to the client. Beside that, DMI can charge  all cost up to that point and / or upcoming installments immediately and suddenly to the client.

Article 9 Liability

9.1 DMI is, except for willful and gross negligence, not liable for damage caused by an act or omission by those who work for DMI under an agreement.
9.2 The liability of DMI for costs and damages in any way related to or caused by a DMI shortcoming in the performance of the contract, is always limited to what the liability insurer of DMI in the present case remits, reduced by the amount of excess of DMI at the liability insurer.
9.3 DMI is not liable for indirect costs, indirect and / or consequential damages, in any way related to or caused by an error or omission in the delivered performance. 
9.4 Both the client and DMI indemnify one another against all third party claims for damages or otherwise, directly or indirectly related to the implementation of the agreement.
9.5 DMI accepts no liability in respect of the responsibility of the client to the Act. The responsibility to bring products in compliance with the law on the market is, in line with legal requirements, always with the customer or the manufacturer of the product.

Article 10 Secrecy

10.1 DMI will with regard to the use of provided information that diligence exercise which might reasonably be demanded of DMI.
10.2 DMI is obliged to keep any information secret to third parties of the relevant client which has a confidential nature.
10.3 Outside the secrecy:

• Any information that is requested and / or required or can be requested and / or required by competent authorities.
• All information that is public and / or in not limited in a separate agreement.

Article 11 Payment and Billing

11.1 Unless otherwise agreed in writing between DMI and client, the customer must pay the invoice within the period of 14 days from invoice date on the bank account designated by DMI and without any offsetting reduction to meet in the currency invoiced.
11.2 All payments of the client extends primarily to pay the interest, the recovery costs and administration costs, and are then deducted from the oldest outstanding debt.
11.3 If the client not paid the invoice within the period of 14 days as mentioned above, the client is in default and DMI is entitled to charge an interest rate of 1 percent per month on the outstanding invoice amount to the client.
11.4 In case of late payment as mentioned in this article, not only the outstanding amount and interest will be charged for the client, but the client is also obliged to pay both extrajudicial and judicial costs, including costs for lawyers, bailiffs and collection agencies for DMI. The extrajudicial costs are set at 15 percent of the payable invoice amount including the interest due plus VAT, with a minimum of € 150,-.
11.5 In the event of liquidation, bankruptcy or receivership, the claims of DMI and the obligations of the client to DMI are immediately payable.

Article 12 Premature termination

 12.1 Any failure of the client gives DMI the right to terminate the agreement unilaterally.
12.2 For interim unilateral termination of the agreement by DMI, DMI should inform the client by registered letter, with due consideration of to a notice of at least 30 days.
12.3 Upon termination of the agreement, DMI will charge costs to the client based on hitherto spent time and costs.
12.4 If a fixed amount agreed between the client and DMI, the client is indebted that part of the amount which is in proportion to the already completed work and / or services. Minimum is 20 percent of the agreed amount.
12.5 The provisions of this Article shall not affect other amounts arising under these terms and conditions and / or agreement between the client and DMI. DMI can claim these other amounts as well.

Article 13 Formal notice

If the client, after receiving a written notice to pay or perform, for 14 days fails to comply with the obligations under the agreement, DMI is entitled to charge extra costs incurred by the client or claim compensation for caused damage.

Article 14 Force Majeure

Shortcomings in the performance of the contract of DMI can not be attributed to DMI, if these shortcomings not reasonably attributable to the fault of DMI and these neither by law nor under the contract or generally accepted shall be borne by DMI.

Article 15 Indemnification

15.1 Client shall indemnify DMI in respect to claims by third parties arising from the manner of execution of the contract resulting by DMI and / or related thereto.

15.2 The client shall indemnify DMI with respect to suffered damage and / or suffer damages by DMI resulting from the use by the client of any document produced by DMI, whereby the good name and reputation of DMI is or may be affected.

Article 16 Complain

16.1 Comments and / or suggestions from the client regarding an invoice sent to him by DMI should be submitted within 14 days of the invoice date.
16.2 If a complaint does not occur within the period laid down in Article 16 paragraph 1, the client is deemed to accept the bill.

Article 17 Disputes

17.1 All disputes, including those which only one of the parties consider as dispute will be settled exclusively by a competent judge of the district court in Groningen.
17.2 If the dispute falls within the competence of a cantonal judge, it will be tried by the cantonal judge of the county court in Groningen.
17.3 With disputes are also considered the disputes arising out of or relating to the agreement to which these general conditions apply or the general terms themselves and the interpretation and / or implementation, both if these disputes are factually as well as legally in nature.
17.4 The fact that any clause of these terms and conditions is held invalid, shall not affect the validity of the other clauses of these terms and conditions.

Article 18 Applicable law

In all contracts by or of DMI Dutch law is applicable.

Article 19 Amendments and location of the conditions

19.1 These conditions are filed with the Chamber of Commerce in Groningen under the number 02100285 on April 3, 2009.
19.2 Applicable is the latest version or the version in force at the time of conclusion of this contract.