Conditions

General terms and conditions for delivery

Scope: These terms apply to all contractual relations and pre-contractual negotiations with customers, regardless of the nature and extent of performance under current and future business relations.

Exclusivity: The terms and conditions of SIMON KOPPES and/or WWW.SIMONSSHIPS.COM (hereinafter abbreviated SIMON KOPPES) shall exclusively apply: Adverse business conditions of our contractors or third parties are only valid if this was expressly agreed in writing. If the customer should not agree, he must immediately indicate his refusal in writing. In this case, SIMON KOPPES reserves the right to withdraw the offer, without being hold responsible in the case of any claims that may arise. SIMON KOPPES contradicts expressly any standard reference to the customers own terms and conditions.

Limitation: SIMON KOPPES only enters into a contractual obligation, if the nature and extent of service and consideration from both sides have been made in writing. Subsequent oral amendments and supplements are only effective if they are subsequently confirmed in writing. The same applies to all declarations of intent, in particular complaints, reminders and claims in the context of contractual relationships.

Supply of image(s): License and extent of use.
SIMON KOPPES, who is the owner and holds all rights on the image(s), grants to the customer the non-transferable and non-exclusive right to use the image(s) specified in the offer or bill. The customer acquires the right to use the image(s) at its own discretion.

Quality of the image(s): The image(s) are based on information from public sources and/or on information provided by the shipowner. The image(s) represent the artists impression of the ships and may differ from the actual ships. No rights can be derived from deviations from reality.

Payments: On order by the customer, the customer will pay 50% of the agreed price. 25% of the agreed price will be paid before delivery and 25% of the agreed price within 30 calendar days after delivery. If the customer's payments become 30 days overdue, SIMON KOPPES is entitled to charge interest at the rate of 5% above the valid European Central Bank Marginal lending facility rate.

Customer Responsibilities: The image(s) may not, in whole or in part, be made accessible to third parties with the possibility of reuse or misuse. The customer may not change our labels, copyright marks and property information to the image(s) in any form. He has to commit to third parties accordingly.

Confidentiality obligation: The customer and SIMON KOPPES mutually engage to respect the confidentiality of all documents and information expressly designated as confidential or clearly recognizable not intended for third parties.

Shipping and product liability.

Delivery and Delivery Dates: Delivery dates and times are in principle non-binding, unless they are expressly agreed in writing as fixed dates. SIMON KOPPES reserves the right to adjust the image(s), for example, to improve the quality or when the look of the depicted ships changes. In case of loss of the electronic carrier of the image(s), SIMON KOPPES will deliver, against payment of the manufacturing costs, a replacement copy (if this is still available).
Delivery is according Incoterms 2000 Delivery Duty Unpaid (DDU)

Limitation of liability: SIMON KOPPES is liable for intent and gross negligence in accordance with the Dutch law. In the event of slight negligence, SIMON KOPPES is liable only if an material contractual obligation is violated or in the case of overdue delivery or no delivery. In the case of liability for slight negligence, such liability shall be limited to the amount of the order. Further claims of the customer - for whatever reasons - are excluded. SIMON KOPPES is not liable for lack of economic success, indirect and consequential damages and for damages resulting from claims of third parties. The statute of limitations for non-essential breach of the contract is limited to six months.

Additional Clauses

Jurisdiction, Place of Fulfillment: All activities and operations between SIMON Koppes and its customers are subject to Dutch law. If this law refers to foreign legal systems, such referrals shall be ineffective. The application of the CISG (UNCITRAL) is expressly excluded. Place of Performance is Helmond. Place of Jurisdiction for both parties is the court of 's-Hertogenbosch.

Privacy statement: SIMON KOPPES and their authorized service providers record and use the personal data of the customer in order to process the order / request and for reasons of customer care in accordance with legal requirements.

Right of cancellation for individuals, according to Directive 99/44/EC (PbEG L 171): Individuals may cancel their contract within one month without giving reasons in writing by returning the goods. The period begins on that date on which the consumer receives the goods or the first partial delivery of goods. Cancellation will only be entitled to a refund of the purchase price. The goods should be sent to: SIMON KOPPES, De Kromme Geer 38, 5709 ME Helmond, The Netherlands.

Exclusion of cancellation: Agreements relating to goods manufactured according to customer specification and/or only useful for that customer, shall not be eligible for cancellation.

Language: This English text is binding, translations into other languages are only informative.