The parties explicitly agree that the contract represents an obligation of endeavour.
Terms and conditions
Sailwell Yachting Services is known for its high-quality services, and every effort will be made to ensure that your vessel is safe, but we cannot guarantee this in any way. Sailwell Yachting Services accepts no liability or responsibility for any vessel-related damage or loss due to weather conditions of any kind, tsunami, cyclone, criminal damage, fire or theft of items or any other cause.
While care is taken to ensure that the information in our reports is correct, we accept no liability whatsoever for the content and accuracy of our reports, for direct or indirect consequential damage, contractual consequences, or loss of goodwill or expected savings. Nothing in our reports is intended to be or to be interpreted as an endorsement or recommendation of any supplier, service or product.
Obligation of best endeavour - Our services are provided on the basis of best endeavour. We accept no responsibility in the event that we are unable to clean surfaces, fabrics or any other parts of sailing or motor yachts, remove stains or otherwise perform repairs. All services listed in our marketing materials are for reference only and do not necessarily represent a guarantee that the service will be performed.
Although every effort is made to ensure that valet services are performed to the highest standard (depending on the condition of the vessel), the customer is advised to check the boat after any work has been completed. If there is any cause for dissatisfaction, the customer must specify the nature of the complaint, and we will try to address it immediately and to the best of our ability. Sailwell Yachting Services accepts no responsibility for problems discovered more than 24 hours after the work has been completed. If the customer fails to adhere to this time frame, Sailwell Yachting Services will decline to address any points of dissatisfaction.
Under our business policy on improving the quality of our services, we reserve the right to change the specifications of any service without prior notice.
Laundry services - We take the utmost care over the treatment of items entrusted to us and employ whatever processes are, in our opinion, best suited to the nature and condition of each individual article. Nevertheless, we cannot accept responsibility for inherent weaknesses or defects in materials that are not directly visible prior to treatment. When laundering items we are unable to guarantee that there will be no colour loss or shrinkage, or that fragile and soft fabrics will not be damaged.
Provisioning service - We take the utmost care to ensure that all products supplied are fresh and of the highest quality. All chilled products are also delivered chilled. However, we cannot accept responsibility if there is a problem with the freshness of a product. All products are chosen with the greatest care and according to your request; if the product requested is not available, an alternative will be offered that is as close as possible to the requested item. Cancellation of the order must take place at least 24 hours before the requested delivery time, otherwise we will be obliged to charge for the order. If your yacht is not present in the agreed port and we are not informed of a change of berth we will be obliged to charge for the order.
Accidental damage - We accept no responsibility for any accidental damage that may occur while your vessel is in our possession, including, but not limited to, damage relating to pre-existing conditions. We accept no liability for any damage to your vessel due to loose deck fixtures, peeling paintwork, extremely corroded / rusty metalwork, defective parts or poor mechanics. Make sure that you inform us of any problems before we start our services.
Additional costs - While providing services on your vessel, we may discover circumstances that require extra effort or time; you may therefore be charged additional costs for the completion of your requested service to the proper standard. We will make every effort to inform you of this prior to the completion of the service, but in the event that we are unable to contact you for any reason beyond our control, we reserve the right to charge our published hourly rate for completing the work by bringing in additional workers and/or other professionals.
Motor damage disclaimer - Certain services include cleaning the motor, engine room and components. Sailwell Yachting Services is not responsible for any damage, temporary or otherwise, that may occur as a result of our services.
Interim payments. - We reserve the right to set a limit of 250 euros on outstanding accounts and require immediate payment before providing further services or care.
Invoice settlement - Accounts are payable on the completion of activities for incidental work; account holders (login holders or members?) will be invoiced at the end of each month for immediate payment within 14 days.
All invoices are payable within 14 days of the invoice date. Any complaints relating to the invoice must be sent by registered letter to the address of the registered office as shown on the invoice within one week, specifying the substantive reasons for the complaint. Failing this, the invoice will be regarded as undisputed and indisputable.
In the event of non-payment of the invoice by its due date, the customer is liable to pay, by operation of law and without prior notice, late-payment interest of 1% per month or part-month. In addition, the invoice amount will be increased by an administration charge of 10% or 50 euros, whichever is the greater, without prejudice to any other collection and/or legal costs. Non-payment of one invoice on its due date will automatically lead to all invoices of later date falling due, even if a different due date is indicated on them.
Any disputes arising from and relating to the current contract will be settled by the competent courts of Ghent.
If an invoice’s payment deadline is exceeded by more than two months, this will be regarded as a serious breach of contract justifying the dissolution of the present contract.
Additional services will be performed on the basis of an hourly labour charge of 48 euros excluding VAT. If the task description for the additional services can be described as significant (e.g. likely to cost more than half the original charge), the said additional services will form the subject of explicit correspondence between the customer and Sailwell Yachting Services.
Termination of the service - Either party may terminate an ongoing service at any time, in which case the invoice must be paid in full within 14 days.
1% per begonnen maand, waarbij elke begonnen maand telt voor een volledige maand. Bovendien wordt het factuurbedrag ten titel van administratie kosten verhoogd met 10% met een minimum van 50 Euro, onverminderd alle andere incasso- en/of gerechtskosten. Bij gebeurlijke niet-betaling van één factuur op haar vervaldag, brengt dit automatisch de opeisbaarheid mee van alle facturen van latere datum, zelfs indien op deze facturen een andere vervaldag vermeld zijn.