CONSTRUCTION AGREEMENT
Buyer is consumer
The undersigned:
/ : / ……………………..………………………..…………...... …………………….……
Established in / : / ……………………..……………………………………...... …………………….……
Legally represented by / : / ……………………..………………………...... …………………….……
hereinafter to be referred to as ‘Proprietor’
and
Name / : / ……………………..………………………...... ……………………….….…………
Address / : / ……………………..………………………...... ……………….………………….…
Place of residence / : / ……………………..………………………...... ……………….…………………….
Telephone / : / ……………………..………………………...... ……………….…………………….
No. on Passport/ID card/ Driving Licence* / : / ……………………..………………………...... ……………….…………………….
hereinafter to be referred to as ‘Consumer’
have agreed upon the following:
Article 1 The agreement
1. The Consumer states that it has placed an order with the Proprietor, which the Proprietor has accepted, to build a pleasure craft at Consumer’s expense under construction ………, that is a (Brand of boat), type (Type of boat), CE-category (A/B/C/D*), hereinafter to be referred to as ‘the boat’ in accordance with the specifications attached to this agreement (appendix 1) and the (building) drawing(s) attached to this agreement (appendix 2), which appendices form part of this agreement.
2. The sketch that might be attached to this agreement is not a drawing from which the Consumer can derive rights. The sketch only indicates the boat’s layout desired by the Consumer to the extent that this layout is possible from a construc-tion point of view and to the extent that the costs of that layout do not exceed the price agreed upon by the parties, this last unless parties have expressly agreed otherwise.
3. During the construction of the boat, the Consumer is entitled to request changes in the construction of the boat and/or in the sketch. If, after the parties have signed this agreement, the desired changes that have been confirmed in writing in-fluence the delivery time and/or the fixed amount contracted for, the Proprietor should immediately inform the Consu-mer of this in writing.
Article 2 The boat
The boat can briefly be described as follows:
brand type : ……………………………….…………………………………………………………………………………………
l.o.a. : …………………………………….……………………………………………………………………………………
width : ………………………………………….………………………………………………………………………………
draught : ……………………………………………….…………………………………………………………………………
material : ……………………………………………………….…………………………………………………………………
engine(s) : …………………………………………………………….……………………………………………………………
CE-category : A/B/C/D*
Article 3 Price/conditions for payment
1. The price of the boat built in accordance with the appendices attached to this agreement is € (…) including/excluding* 21% turnover tax (in words: (…) euros).
Signature Proprietor: …………… Signature Consumer: …………….
2. The price of the options agreed upon by Parties and as specified in appendix 3 amounts to € (…) (in words: (…) euros).
3. The agreement price and, respectively, option price stated in Articles 3.1 and 3.2 amounting to a total of € (…) should be paid by the Consumer as follows:
- when this agreement is signed (10%) € ….….
- when construction of the body, etc. is begun (…%) € ……..
- 24 hours before delivery by means of a transfer done by telephone (…%) € ……..
With the exception of the last payment, every payment will be done by means of a transfer to (Bank account number and Bank) of the Proprietor. Every other form of payment will not be considered to be legally valid. No interest will be paid on the above-mentioned periodical payments.
4. The price resulting from any additional work desired by the Consumer will be paid by the Consumer as follows:
- 50% when Consumer shows demonstrable instructions,
- 50% within 3 (three) working days after the additional work has been completed and have been accepted by or on
behalf of the Consumer.
Article 4 The delivery of the boat
1. The Proprietor will deliver the boat to the Consumer on (date, week(number) or month and year*) at a shipyard in the Netherlands and the period of delivery will be extended by the (total of the) period(s) that Parties have agreed upon in writing during the work and under whatever circumstances.
2. About two weeks before the (final) date of delivery, the Proprietor will inform the Consumer of this date in writing.
3. With respect to the delivery of the boat, the Proprietor is in omission only if the construction period has been exceeded by more than 15% because of the Proprietor’s actions.
Article 5 Guarantee
Without prejudicing the rights that the Consumer has on the ground of Article 9 of the HISWA General Terms and Condi-tions for Contracting Work, Sales and Deliveries, the following holds for:
the body and the interior, a guarantee period of (…) months,
the engine(s), a guarantee period of (…) months.
For parts supplied by third parties, the manufacturer’s guarantee will apply.
Article 6 Inspection
While the boat is being built and when the Proprietor’s company is open, the Consumer is entitled to view the boat and/or to inspect it provided they inform the Proprietor on time about their intention to view and/or inspect the boat.
Article 7 Penalty stipulation
If this agreement is terminated for reasons that can be imputed to the Consumer, the Consumer will incur a penalty, not subject to judicial mitigation, that is equal to the profit margin that the Proprietor would have had if the Consumer had per-formed the agreement correctly.
Article 8 General terms and conditions
The HISWA General Terms and Conditions of Contracting Work, Sales and Deliveries attached to this agreement as appen-dix 4 apply to this agreement unless this agreement expressly deviates from them. By signing this agreement, the Consu-mer states that they have read the contents of the above-mentioned terms and conditions and have accepted them in full.
Article 9 Applicable law/disputes
1. Despite the location at which this agreement is entered into, this agreement is subject to Dutch law.
2. With regard to the court stated in Article 20 paragraph 8 of the HISWA General Terms and Conditions of Contracting Work, Sales and Deliveries, Parties expressly agree that only the Court in (Location of court) is competent to take cognizance of any disputes arising from this agreement.
Article 10 Special terms and conditions
1. The Consumer will not/will for a discount of € (…)* make the boat available to the Proprietor to be exhibited during (Name of Boat Show and year).
2. etc.
*Please cross out that which does not apply
This agreement has been drawn up in duplicate on (Date) in (Place).
……………………………..…………… ……………………………………….
Signature Proprietor Signature Consumer
I&A 2-10-2011 1