Sun and more yachting
Urb. Tosal del Molar 4 B
Phone: +34 636988355
X 260 7190 W
Alicante / Spain
Terms and Conditions (GTC )
1. Scope of these terms and conditions
The following terms and conditions are the sole content of an order for the preparation of an expert report of the following called "expert", concluded contract, without an objection to conflicting terms and conditions must be declared. Other terms and conditions, changes to these terms and conditions or side agreements are only part of the contract, if this has been explicitly stated in writing by the expert. These terms and conditions also apply if the expert, in the knowledge of terms and conditions of the client that conflict with or deviate from these terms and conditions, render the service to him unconditionally.
2. Conclusion of the contract
The contract between the client and the expert comes about through the written confirmation of the expert. Verbal additions or ancillary agreements do not require the written confirmation of the expert by the expert to be effective. The subject of the respective order results from the written confirmation of the expert.
3. Duties of the expert
3.1. The expert performs the performance owed by him impartially and to the best of his knowledge and belief in accordance with the principles applicable to a publicly appointed and sworn expert. The expert can guarantee a certain success, in particular a result desired by the client, only in the context of objective and impartial application of his expertise. The expert is not subject to instructions from the client when carrying out the order.
3.2. The expert personally performs his expert work. If it is relevant, the expert may, as part of his / her own responsibility, consult with expert staff at his / her own expense in preparing the report. About the consultation of such employees, the expert decides alone and on his own responsibility.
3.3. The commissioning of other experts of other disciplines, which should be necessary for the execution of the contract, is carried out by the client and at his expense.
3.4. The expert is entitled, at the expense of the client, to carry out or have carried out the necessary and customary investigations and tests at his own discretion, to inquire, to make inquiries, to undertake journeys and visits, and to have photos or drawings made or made, without this requiring special approval from the client. Particularly costly or unforeseen investigations, the expert agrees with the client before the implementation.
3.5. The client authorizes the expert to obtain information from parties, authorities or third parties and grants him a separate power of attorney as far as necessary.
3.6. The expert shall reimburse the report within the period agreed with the client in a single copy and in addition for reimbursement of costs on a data medium (CD, DVD). Additional copies will be charged separately.
The deadline for delivery begins with the handing over of all documents required for the preparation of the expert opinion and the provision of any necessary information (see section 4). If an advance payment has been agreed or has been requested by the expert (see point 5.3.), The deadline only begins to run after the expert has received the advance.
3.7. The expert will inform the client in good time about any exceeding of the agreed deadline. The client may withdraw from the contract only after setting a reasonable grace period or claim damages for non-performance. As appropriate, a grace period of 2 months as agreed.
3.8. If the expert is not responsible for exceeding the deadline, for example in the case of force majeure, illness, strike and lock-out, rescission of the contract or compensation for non-performance due to exceeding the agreed period are excluded. If the expert is unable to perform the contractually agreed service in such cases, he will be released from his contractual obligations. Claims for damages of the client are excluded for this case.
4. Obligations of the client
The client shall provide the expert with the documents and documents available to him and for the execution of the contract in due time and free of charge and shall provide the necessary information. The Client shall further notify the Expert in good time and without any special request of all events and circumstances (such as correspondence) which may be clearly relevant to the reimbursement of the opinion.
5.1. The expert is entitled to payment of the agreed remuneration plus incidental expenses and expenses in the amount actually or payable plus VAT.
5.2. The agreed fee is due upon receipt of the expert's report. The expert is entitled to collect the remuneration due on delivery of the report by cash on delivery.
5.3. The expert is entitled to demand 50% advance payments on the agreed fee as well as reasonable advance payments from the client as his work progresses.
5.4. In the event of late payment, the expert is entitled to charge interest at a rate of 3% above the statutory default interest rate (§288 BGB) without special proof.
5.5. Offsetting against the claims of the expert is only permitted if the counterclaim of the client is undisputed or legally established.
6.1. The expert will maintain confidentiality about all facts and information that have become known to him in connection with the assignment and the preparation of the expert opinion and in particular will not pass on the expert opinion to third parties without the approval of the client. The duty of confidentiality does not extend to employees of the expert and other third parties whom the expert uses to fulfill his contractual obligations.
6.2. This duty of confidentiality does not apply if the expert is required by law to disclose or disclose the facts and information obtained in the expert opinion, as well as if the client exempts the expert from confidentiality.
7. Copyright protection
7.1. The services provided by the expert are protected by copyright.
7.2. The client may only use the expert's report including all calculations, equipment and other details for the agreed contractual purposes. A further passing on of the expert opinion to third, the duplication as well as any other kind of the use, text change or shortening is permitted to the client only with previous agreement of the expert.
7.3. The publication of the report is in any case only permitted with the prior consent of the expert.
8.1. Ordinary termination of the contract is excluded.
8.2. Principal and expert can cancel the contract at any time extraordinarily for important reason in writing. For the client, there is an important reason for extraordinary dismissal, in particular, if the expert violates his obligations to objectively, independently and impartially report the expert opinion.
For the expert, there is an important reason for extraordinary dismissal, in particular, if the client refuses to cooperate, the client tries to influence the expert in an inadmissible manner in a way that is likely to distort the result of the expert opinion and if the expert Order acceptance determines that he lacks the necessary expertise to complete the order. Furthermore, such an important reason exists if the client is in financial collapse or the insolvency proceedings are opened on his assets.
8.3. If the contract is terminated by the client extraordinarily for an important reason which the expert is responsible for, then the expert is entitled to compensation for the partial service rendered up to the time of the termination. The expert is entitled to the contractually agreed fee, but deducting the expenses saved. Insofar as the client does not prove a higher share of saved expenses in an individual case, this amounts to 40% of the fee for the services not yet provided by the expert.
9.1. In the event of a warranty claim, the client may initially request only free repair of the defective report.
9.2 Appraisals are made under the reservation of any hidden damage or other defects in inaccessible areas of the yacht body or other defects that the undersigned have remained unknown and are executed to the best of our knowledge and belief, but excluding any liability.
9.3. Any defects must be reported to the expert in writing immediately after detection, otherwise the warranty claim expires.
9.4. In the absence of guaranteed properties, a claim for damages remains unaffected.
9.5 If the client has placed an order with the expert, which is apparently intended to be completed and thus results in significantly reduced fee claims, the expert has the right to the full agreed fee. If the client subsequently ascertains facts that were not mentioned by the expert, the client has no rights to reduce the agreed fee payment.
10.1. The expert is unlimitedly liable only for intent and gross negligence.
10.2. For slight negligence, the expert is liable only if a duty is violated, the compliance of which is of particular importance for the achievement of the purpose of the contract (cardinal duty). The liability of the expert for cases of simple negligence shall be limited to the amount of the agreed fee as well as to such damages which may typically be expected to arise during the preparation of an expert report. The same applies to any liability of the expert for the fault of vicarious agents.
10.3. Liability for consequential damage of any kind is hereby excluded.
11. Place of performance and jurisdiction
11.1. Place of performance is the place of the professional establishment of the expert.
The inclusion of the project title and the company name in separate reference lists agrees with the client. The information provided by the customer may be processed electronically, stored and used for marketing purposes. The client agrees that he receives information material or offers on the specified communication channels letter, e-mail, fax or telephone free of charge and without obligation.