General terms and conditions

Definitions

  1. Robust-MT Marine Technology BV: Robust-MT Marine Technology BV, established in Monster under Chamber of Commerce number 85785717.
  2. Customer: the party with whom Robust-MT Marine Technology BV has entered into an agreement.
  3. Parties: Robust-MT Marine Technology BV and customer together.
  4. Consumer: a customer who is also an individual and who acts as a private person.

Applicability of general terms and conditions

  1. These terms and conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of Robust-MT Marine Technology BV.
  2. Parties may only deviate from these terms and conditions if they have expressly agreed to do so in writing.
  3. The parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the customer or third parties.

Prices

  1. All prices used by Robust-MT Marine Technology BV are in euros, include VAT, and exclude any other costs such as administration fees, levies, and travel, shipping, or transportation expenses, unless expressly stated otherwise or otherwise agreed.
  2. Robust-MT Marine Technology BV may change all prices it uses for its products or services, on its website or otherwise made known, at any time.
  3. Increases in the cost of products or parts thereof, which Robust-MT Marine Technology BV could not foresee at the time of making the offer or concluding the agreement, may give rise to price increases.
  4. The customer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.

Monsters/models

If the customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered correspond to the sample or model.

Payments and payment terms

Products are paid for directly in the (web)shop unless otherwise agreed in advance.

Consequences of not paying on time

  1. If the customer does not pay within the agreed term, Robust-MT Marine Technology BV is entitled to charge interest of 1% per month from the day the customer is in default, with a part of a month being counted as a full month.
  2. If the customer is in default, he will also owe Robust-MT Marine Technology BV extrajudicial collection costs and any compensation.
  3. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
  4. If the customer does not pay on time, Robust-MT Marine Technology BV may suspend its obligations until the customer has fulfilled its payment obligation.
  5. In the event of liquidation, bankruptcy, seizure, or suspension of payments on the part of the customer, Robust-MT Marine Technology BV's claims against the customer are immediately due and payable.
  6. If the customer refuses to cooperate with the execution of the agreement by Robust-MT Marine Technology BV, they are still obliged to pay the agreed price to Robust-MT Marine Technology BV. 

Right of complaint

  1. As soon as the customer is in default, Robust-MT Marine Technology BV is entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer.
  2. Robust-MT Marine Technology BV invokes the right of complaint by means of a written or electronic notice.
  3. Once the customer has been informed of the invoked right of complaint, the customer must immediately return the products to which this right relates to Robust-MT Marine Technology BV, unless the parties make other arrangements in this regard.
  4. The costs of retrieving or returning the products will be borne by the customer.

Right of withdrawal

  1. A consumer (i.e. not a business customer) can cancel an online purchase within a 14-day reflection period without giving any reason, provided that:
    1. The product has not been used.
    2. It is not a product (such as a built-in electric motor) that has been tailor-made or adapted specifically for the consumer (the supply of goods manufactured to the consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the consumer or which are clearly intended for a specific person).
    3. It does not concern an (order for) emergency repairs.
  2. The 14-day reflection period referred to in paragraph 1 commences:
    1. On the day after the consumer has received the last product or part of 1 order
    2. As soon as the consumer has purchased a service for the first time,
      the consumer can make his/her appeal to the right of withdrawal known via info@robust-mt.nl.

The consumer is obliged to return the product to Robust-MT Marine Technology BV within 14 days of notifying him of his right of withdrawal, otherwise his right of withdrawal will lapse.

Return costs are at the customer's expense.

If the purchase costs and any other costs (such as shipping and return costs) are legally eligible for reimbursement, Robust-MT Marine Technology BV will refund these costs to the consumer within 14 days of receiving the timely request for withdrawal, provided the consumer has returned the product to Robust-MT Marine Technology BV in a timely manner, in the original packaging or with the original tags still attached. If this is the case and the product is unused, the purchase price will be refunded. Otherwise, we will refund up to 60% of the purchase price.

Right of suspension

Unless the Customer is a consumer, the Customer waives the right to suspend the fulfillment of any obligation arising from this Agreement.

Right of retention

  1. Robust-MT Marine Technology BV may invoke its right of retention and, in that case, retain the customer's products until the customer has paid all outstanding invoices to Robust-MT Marine Technology BV, unless the customer has provided sufficient security for those costs.
  2. The right of retention also applies on the basis of previous agreements from which the customer still owes payments to Robust-MT Marine Technology BV.
  3. Robust-MT Marine Technology BV is never liable for any damage that the customer may suffer as a result of exercising its right of retention.

Settlement

Unless the customer is a consumer, the customer waives his right to offset a debt to Robust-MT Marine Technology BV against a claim on Robust-MT Marine Technology BV.

Retention of title

  1. Robust-MT Marine Technology BV remains the owner of all delivered products until the customer has fully met all its payment obligations to Robust-MT Marine Technology BV under any agreement concluded with Robust-MT Marine Technology BV, including claims relating to failure to perform.
  2. Until then, Robust-MT Marine Technology BV can invoke its retention of title and take back the goods.
  3. Before ownership has passed to the customer, the customer may not pledge, sell, alienate or otherwise encumber the products.
  4. If Robust-MT Marine Technology BV invokes its retention of title, the agreement will be deemed terminated and Robust-MT Marine Technology BV will be entitled to claim damages, lost profits, and interest.

Delivery

  1. Delivery will take place while stocks last.
  2. Delivery will take place at Robust-MT Marine Technology BV, unless the parties have agreed otherwise.
  3. Delivery of products ordered online will take place at the address specified by the customer.
  4. If the agreed amounts are not paid or are not paid on time, Robust-MT Marine Technology BV has the right to suspend its obligations until the agreed portion has been paid.
  5. In the event of late payment, the creditor is in default, with the result that the customer cannot object to late delivery to Robust-MT Marine Technology BV.

Delivery time

  1. The delivery times stated by Robust-MT Marine Technology BV are indicative and do not entitle the customer to cancellation or compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing.
  2. The delivery time commences when the customer has fully completed the (electronic) ordering process and has received an (electronic confirmation) from Robust-MT Marine Technology BV.
  3. As soon as Robust-MT Marine Technology BV becomes aware that the delivery time may be exceeded, it must notify the consumer in writing. The consumer must also state the reason for the delay and (if possible) how much longer the delivery time will be.
  4. If a delay occurs that is the reasonably foreseeable result of the customer's negligence, the delivery time will be extended by the duration of that delay. The consumer must also pay any costs incurred as a result of this negligence. Negligence means that the consumer fails to fulfill an obligation they have towards Robust-MT Marine Technology BV regarding the item to be delivered. This is the case, in any case, if the consumer – despite a timely reminder – fails to pay the (due) amount owed to Robust-MT Marine Technology BV on time.
  5. If the delivery time is exceeded by more than 100%, and the causes thereof are attributable to Robust-MT Marine Technology BV, Robust-MT Marine Technology BV will be in default if:
    a. the customer has notified Robust-MT Marine Technology BV of its shortcomings in writing (provided notice of default), granting it a reasonable period within which to fulfill its obligations; and
    b. Robust-MT Marine Technology BV has failed to fulfill its obligations within this period.
  6. The customer is not required to give notice of default to Robust-MT Marine Technology BV if it is permanently impossible for Robust-MT Marine Technology BV to fulfill its obligations or if the company has notified Robust-MT Marine Technology BV that it will not fulfill its obligations.
    If Robust-MT Marine Technology BV is in default, the customer has the right to suspend and/or terminate the agreement in accordance with Article 20 of these terms and conditions.

Actual delivery

The customer must ensure that the actual delivery of the products ordered by him can take place on time.

Transportation costs

 Transportation costs are borne by the customer, unless the parties have agreed otherwise.

Packaging and shipping

  1. If the packaging of a delivered product is opened or damaged, the customer must have a note made of this by the carrier or delivery person before accepting the product. Failure to do so will result in Robust-MT Marine Technology BV not being held liable for any damage.
  2. If the customer arranges for the transport of a product themselves, they must report any visible damage to products or packaging to Robust-MT Marine Technology BV prior to transport. Failure to do so will result in Robust-MT Marine Technology BV not being held liable for any damage.

Warranty

  1. Each product has a warranty period of 1 year or longer, if stated. The warranty period is 6 months for professional use, meaning use or purchase by a natural or legal person acting in the exercise of a profession or business. For motorcycles, the warranty commences on the date of delivery.
  2. Unless other arrangements have been made due to specific requirements, the following deviations are permitted in the execution of the agreement: 10% on the dimensions, draft, clearance, weight, power.
  3. The customer can only invoke the warranty after fulfilling all obligations towards Robust-MT Marine Technology BV.
  4. The warranty applies only to the original owner and is non-transferable. The customer cannot transfer any rights under this article.
  5. The warranty with respect to products applies only to defects caused by defective manufacture, construction or material.
  6. The warranty does not apply in the event of normal wear and tear, improper use, or lack of due care; or damage resulting from accidents, defects in or unsuitability of items originating from or prescribed by the customer, defects in or unsuitability of materials or tools used by the customer, modifications made to the product, installation, assembly, modification, or repair by the customer or third parties, negligence or improper use by the customer, frost, lack of or incorrect maintenance (in accordance with, among other things, the manual), or when the cause of the defect cannot be clearly determined. Robust-MT Marine Technology BV is not responsible for defects in the design of the vessel or other items if it did not supply this design itself. Robust-MT Marine Technology BV also does not guarantee the usability and soundness of materials and equipment specified by the customer or supplied by the consumer. If Robust-MT Marine Technology BV knows or should know that the design or materials have certain shortcomings, Robust-MT Marine Technology BV will notify you of this.
  7. The warranty does not cover: discoloration, fading, damage from pulling, scraping, cracking, neglect, accidents, and normal wear and tear. Damage resulting from improper or unskilled use is also excluded.
  8. Contact Robust-MT Marine Technology BV or the manufacturer to find out what modifications can be made to the supplied products yourself, and especially what should not be changed. The manufacturer's warranty may be voided.
  9. All accidents and resulting damage are excluded from this warranty. This automatically invalidates all previous warranty provisions until the end of this warranty.
  10. The warranty will also be void if a vessel has been used with an engine that exceeds the permitted engine power as specified by the manufacturer.
  11. Any repairs not carried out by an authorized repairer are not covered by the warranty. It is important to first contact Robust-MT Marine Technology BV in the event of a defect.
  12. No warranty is provided on:
    a. Delivered items that were not new at the time of delivery.
    b. Inspection and repair of client-owned items.
    c. Parts for which a manufacturer's warranty has been provided.
  13. If the service is not covered by this warranty, the purchaser will pay the costs of labor and materials and other costs associated with this service.
  14. The warranty obligation may be limited to the repair of a broken part or to the replacement of a part (or parts) if this is necessary to remedy the malfunctioning of the material or to remedy the defect.
  15. This warranty does not cover: freight charges, launching costs, storage costs, rental costs, or costs incurred in connection with any other inconvenience, loss of time or income.
  16. Robust-MT Marine Technology BV reserves the right to make improvements or changes to the design and, if necessary, to use a different product (other than the original product) without prior consultation.
  17. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties shall pass to the customer at the moment when they are legally and/or actually delivered, or at least come into the possession of the customer or of a third party who receives the product on behalf of the customer.
  18. Defects that were not visible at the time of purchase or delivery, and defects that arise during the warranty period due to normal use, will be repaired at the location of Robust-MT Marine Technology BV or a location designated by Robust-MT Marine Technology BV in the Netherlands. Transportation costs will be charged for a customer-designated location.
  19. The customer must contact Robust-MT Marine Technology BV to have this repair carried out.
  20. Claims submitted under this warranty will be processed after inspection by Robust-MT Marine Technology BV.
  21. Robust-MT Marine Technology BV will carry out the repairs.
  22. The customer cannot claim repair of defects:
    a. If the customer – after discovering the defects – has not reported them to Robust-MT Marine Technology BV within a reasonable time.
    b. If Robust-MT Marine Technology BV has not subsequently been given the opportunity to repair the defects.
    c. If third parties have carried out work on the item in question without the prior knowledge or permission of Robust-MT Marine Technology BV. The latter only applies to warranty work for which the customer is making a claim.
  23. Without prejudice to the content of the other conditions, the warranty shall
    in any case not apply in the following cases:
    a. Necessary repairs resulting from neglect of the periodic maintenance as stated in the instruction booklet accompanying the Product
    b. The Product has been used in a manner not recommended or approved by the manufacturer
    c. Necessary repairs resulting from traffic accidents/collisions
    d. Necessary repairs resulting from misuse
    e. Necessary repairs resulting from neglect and failure to follow or incorrectly following the instructions given in the instruction booklet
    f. Necessary repairs resulting from the use of parts other than original parts or parts recommended by the manufacturer
    g. Necessary repairs resulting from the use of the Products in unusual circumstances, such as in competitions
    h. Repairs resulting from actions that go beyond the manufacturer’s specifications for the Product or from changes to the Product without the manufacturer’s written permission
    i. Necessary repairs due to natural disasters
    j. Consequential damage
    k. Routine maintenance, such as oil changes
    l. Discoloration, fading, cracking, etc. of the paintwork or wear of rubber and plastic parts due to environmental influences
    m. Replacement of parts such as spark plugs, bulbs, fuses, carbon brushes, various gaskets (except cylinder head gasket) and seals, bearings and oil seals.
  24. The customer may have the repair carried out by a third party, at the expense of Robust-MT Marine Technology BV, if the repair is necessary and the costs are reasonable. To determine this reasonableness, the price level of Robust-MT Marine Technology BV is taken into account. Robust-MT Marine Technology BV decides in consultation with the customer which company can carry out the repair. Repair by a third party is only possible:
    a. If Robust-MT Marine Technology BV is unable or unwilling, or is unable or unwilling in a timely manner, to repair the defect at its own location; or
    b. If the necessary costs of transporting the vessel to a location of Robust-MT Marine Technology BV are disproportionate to the costs of the repair at that location; or
    c. If, due to the customer's circumstances, it cannot be expected of them to have the repair carried out at a location of Robust-MT Marine Technology BV.
  25. Non-immediate repairs can be scheduled between September and March.
  26. Additional provisions:
    a. This Limited Warranty provides coverage to recreational (non-commercial) customers for one (1) year (unless the manufacturer provides a longer manufacturer's warranty) from the date the product is first sold or the date the product is first put into service, whichever occurs first.
    b. Hardware items are also covered by this warranty and have a one-year warranty (unless the manufacturer issues a longer factory warranty), even if they are attached to the hull. Commercial use of the boat(s) voids the warranty. Commercial use is defined as any work-related or employment-related use of the product, or any use of the product that generates income within the warranty period. The warranty period also expires if the product is only used occasionally for such purposes.
    c. Repairing or replacing parts, or performing maintenance under this warranty, will not extend the warranty period. The original warranty expiration date will also be honored.
    d. Robust-MT Marine Technology BV's sole and exclusive obligation under this warranty is limited to repairing or replacing a defective part (such as repairing structural engine defects) or refunding the purchase price of the product. The method chosen remains at all times the sole discretion of Robust-MT Marine Technology BV.
    e. This coverage includes the repair of any gelcoat surface of the hull or deck exhibiting laminate peeling caused by a defect in material or workmanship, provided the original factory gelcoat surface has not been altered in any way, such as by accident, repair, application of a coating other than underwater paint, or improper surface preparation for paint (i.e., excessive sanding, sandblasting, etc.).
    f. Robust-MT Marine Technology BV reserves the right to improve or modify products from time to time without assuming any obligation to modify or improve products previously manufactured.
    g. If the owner makes a warranty claim, any repair or replacement will never exceed the fair market value of the product on the date of the warranty claim.
    h. The repair or replacement of parts found to be defective as to factory materials or workmanship under this Limited Warranty shall constitute the owner's sole and exclusive remedy against Robust-MT Marine Technology BV for any claim or economic loss arising from product failure.
    i. The terms and conditions of this document may not be modified, amended, waived, or represented, whether orally or in writing, except with the express written permission of an executive officer of Robust-MT Marine Technology BV.
    j. The customer must give Robust-MT Marine Technology BV a reasonable opportunity to perform the repair and reasonable access to the product for warranty service. Warranty claims must be submitted by delivering the product for inspection. If the buyer is unable to deliver the product, Robust-MT Marine Technology BV must be notified in writing. Robust-MT Marine Technology BV will then arrange for the inspection and any covered repair. In that case, the buyer will pay all associated transportation costs and/or reimburse the full travel time.
    k. If the service provided is not covered by this warranty, the purchaser shall pay all labor and material costs and any other costs associated with that service.
    l. Buyer shall not ship the Product or any parts of the Product directly to Robust-MT Marine Technology BV unless requested to do so by Robust-MT Marine Technology BV.
    m. Any product or part shipped by the buyer for inspection or repair must be shipped transportation prepaid.
    n. This limited warranty does not cover:
    1. The engine, sterndrives, transmissions, gearboxes, controls, propellers, appliances, batteries, or other equipment or accessories carrying their own warranties, parts, equipment, or accessories not installed by Robust-MT Marine Technology BV.
    2. Damage caused by modification, misuse, accident, or striking an underwater object, routine maintenance items, modifications, abnormal use, neglect, improper maintenance, or use of any accessory, equipment, or part not manufactured or sold by Robust-MT Marine Technology BV.
    3. The warranty is void if the product is used for racing, race preparation, other competitive activities or military purposes, regardless of the timing or duration of the activity.
    4. The warranty is void if the maximum power rating on the capacity plate is not met. Expenses related to hauling, launching, towing, storage, telephone calls, rentals, inconvenience, slippage costs, insurance coverage, loan payments, lost time, lost income, or any other incidental or consequential damages are not covered by this warranty.
    5. No person or entity, including any authorized dealer of Robust-MT Marine Technology BV, has been authorized by Robust-MT Marine Technology BV to make any affirmation, representation, or warranty regarding the product other than as contained in this limited warranty, and any such affirmation, representation, or warranty, if made, shall be unenforceable against Robust-MT Marine Technology BV.
  27. Other Limitations
    a. Except as stated herein, or as set forth in any other written express warranties provided by Robust-MT Marine Technology BV, there are no other warranties, express or implied, which apply to the product.
    b. All other warranties, express or implied, including implied warranties of fitness and merchantability, are expressly excluded.
    c. Robust-MT Marine Technology BV further disclaims any liability for economic loss resulting from claims of product failure, negligence, defective design, manufacturing defect, lack of warnings and/or instructions, defective seaworthiness, and any other theory of liability not expressly covered under the terms of this limited warranty.
    d. To the extent required by law, any implied warranty of merchantability is limited to the duration of the respective express limited warranties set forth herein. To the extent permitted by law, neither Robust-MT Marine Technology BV nor the seller shall have any liability for loss of use of the product, loss of time, inconvenience, commercial loss, or consequential damages.
    e. Some jurisdictions do not allow the exclusion or limitation on how long an implied warranty lasts, so the above limitations or exclusions may not apply.
    f. This warranty gives the owner specific legal rights, and the owner may also have other rights which vary from jurisdiction to jurisdiction.
    g. Retail customers in the European Union (EU) may have statutory rights under applicable national laws governing the sale of consumer goods that are not affected by this limited warranty.
    h. The retail customer’s statutory rights under any applicable national laws governing the sale of consumer goods are not affected.

Indemnification

The customer indemnifies Robust-MT Marine Technology BV against all claims from third parties relating to the products and/or services supplied by Robust-MT Marine Technology BV.

Complaints

  1. The customer must examine any product or service supplied by Robust-MT Marine Technology BV as soon as possible for any deficiencies.
  2. If a delivered product or service does not meet what the customer could reasonably expect from the agreement, the customer must inform Robust-MT Marine Technology BV as soon as possible, but in any case within 1 month of discovering the shortcomings.
  3. The customer must provide as detailed a description as possible of the deficiency so that Robust-MT Marine Technology BV can respond appropriately.
  4. The customer must demonstrate that the complaint relates to an agreement between the parties.
  5. If a complaint relates to ongoing work, this cannot in any case lead to Robust-MT Marine Technology BV being obliged to perform work other than that agreed upon.
  6. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

In the event of complaints, a consumer should first contact Robust-MT Marine Technology BV. If the online store is affiliated with the WebwinkelKeur Foundation and complaints that cannot be resolved amicably, the consumer should contact the WebwinkelKeur Foundation ( www.webwinkelkeur.nl ), which will mediate free of charge. Check whether this online store has a current membership via https://www.webwinkelkeur.nl/leden/ . If a solution is still not reached, the consumer has the option to have their complaint handled by the independent dispute committee appointed by the WebwinkelKeur Foundation. The decision of this committee is binding, and both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this dispute committee involves costs that the consumer must pay to the committee in question. It is also possible to register complaints via the European ODR platform ( http://ec.europa.eu/odr ).

Notice of default

  1. The customer must notify Robust-MT Marine Technology BV of any default in writing.
  2. It is the customer's responsibility to ensure that a notice of default actually reaches Robust-MT Marine Technology BV (in a timely manner).

Customer liability

The customer is liable for damage suffered by Robust-MT Marine Technology BV if that damage is the result of a shortcoming attributable to the customer or his/her associates.

If Robust-MT Marine Technology BV enters into an agreement with multiple customers, each of them is jointly and severally liable for the full amounts owed to Robust-MT Marine Technology BV under that agreement.

Liability Robust-MT Marine Technology BV.

  1. Robust-MT Marine Technology BV is solely liable for any damage suffered by the customer if and to the extent that such damage is caused by intent or deliberate recklessness.
  2. If Robust-MT Marine Technology BV is liable for any damage, it is only liable for direct damage resulting from or related to the performance of an agreement.
  3. Robust-MT Marine Technology BV is never liable for indirect damages, such as consequential damages, lost profits, lost savings, or damage to third parties.
  4. If Robust-MT Marine Technology BV is liable, this liability is limited to the amount paid out by a concluded (professional) liability insurance policy and, in the absence of (full) payment of the amount of the damage by an insurance company, liability is limited to the (part of the) invoice amount to which the liability relates.
  5. All images, photos, colors, drawings, and descriptions on the website or in a catalog are for indicative purposes only and are approximate only. They cannot give rise to compensation and/or (partial) termination of the agreement and/or suspension of any obligation.

Expiration date

Any right of the customer to compensation from Robust-MT Marine Technology BV expires in any case 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.

Right of termination

  1. The customer has the right to terminate the agreement if Robust-MT Marine Technology BV is culpably in breach of its obligations, unless this breach, given its special nature or minor significance, does not justify termination.
  2. If compliance with the obligations by Robust-MT Marine Technology BV is permanently or temporarily impossible, dissolution can only take place after Robust-MT Marine Technology BV is in default.
  3. Robust-MT Marine Technology BV has the right to terminate the agreement with the customer if the customer fails to fully or timely fulfill their obligations under the agreement, or if Robust-MT Marine Technology BV becomes aware of circumstances that give it good reason to fear that the customer will not be able to properly fulfill their obligations.

Force majeur

  1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure by Robust-MT Marine Technology BV to fulfil any obligation towards the customer cannot be attributed to Robust-MT Marine Technology BV in a situation beyond the control of Robust-MT Marine Technology BV, as a result of which the fulfilment of its obligations towards the customer is wholly or partially prevented or as a result of which the fulfilment of its obligations cannot reasonably be expected of Robust-MT Marine Technology BV.
  2. The force majeure situation referred to in paragraph 1 also includes – but is not limited to –: a state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); default and force majeure of suppliers, delivery personnel or other third parties; unexpected power, electricity, internet, computer or telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
  3. If a force majeure situation occurs as a result of which Robust-MT Marine Technology BV cannot fulfill one or more obligations to the customer, those obligations will be suspended until Robust-MT Marine Technology BV can fulfill them again.
  4. From the moment a force majeure situation has lasted for at least 30 calendar days, either party may terminate the agreement in writing in whole or in part.
  5. In the event of force majeure, Robust-MT Marine Technology BV is not liable for any compensation (for damages), even if it derives any benefit from the force majeure situation.

Changes to the general terms and conditions

  1. Robust-MT Marine Technology BV is entitled to amend or supplement these general terms and conditions.
  2. Minor changes may be made at any time.
  3. Robust-MT Marine Technology BV will discuss major content changes with the customer in advance as much as possible.
  4. Customers are entitled to terminate the agreement in the event of a material change to the general terms and conditions.

Transfer of rights

  1. Customer rights arising from any agreement between the parties may not be transferred to third parties without the prior written consent of Robust-MT Marine Technology BV.
  2. This provision shall be deemed to be a clause with property law effect as referred to in Article 3:83, paragraph 2, of the Dutch Civil Code.

Consequences of nullity or voidability

  1. If one or more provisions of these terms and conditions prove to be null and void or voidable, this will not affect the other provisions of these terms and conditions.
  2. A provision that is null and void or voidable will in that case be replaced by a provision that comes closest to what Robust-MT Marine Technology BV had in mind when drawing up the conditions on that point.

Applicable law and competent court

  1. Dutch law applies exclusively to any agreement between the parties.
  2. The Dutch court in the district where Robust-MT Marine Technology BV is established/practices/has its office has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise.

Created on June 8, 2022, last modified on June 8, 2022.