Mediation conditions
Scheepsmakelaardij Goliath
Article 1 – General
1.1 The assignment is exclusive and has been entered into for an indefinite period of time but for a minimum of 6 months with a notice period of 1 month.
1.2 The yachtbroker shall offer the vessel for sale on behalf of client for an realistic agreed asking price in accordance with the market. For commercial vessels the asking price is exclusive of VAT.
1.3 When a sale/purchase agreement is concluded, Client shall owe a commission which depends on the agreed sale/purchase price. The commission can be found in the table under Article 2 – Commission conditions. The commission percentage and/or minimum amount will be paid as agreed and/or contractually agreed. The minimum commission is always due. The agreed commission will be taxed at a high VAT rate.
1.4 At the start of the mediation, the client owes a one-off fee including VAT (to be paid per invoice) for registration fee, administration, start-up and advertising costs. The cost calculation for a new ship can be found in the table under Article 2 – Terms and conditions of commission. The mentioned fee is an allowance for the costs of entering and placing the ship on approx. 25 national and international botensites, including botentekoop.nl, botenbank.nl, yachtfocus.com, etc. An extensive overview of these websites is enclosed or can be found on our own website (www.scheepsmakelaardijgoliath.nl) under the heading “What do we do for you”?
1.5 Client shall owe 75% of the commission in the event of his own sale of his vessel or in the event of the sale of a customer supplied by him/her.
1.6 Client will terminate his own sales activities on paper and internet.
1.7 Client shall not owe any expenses to the yachtbroker upon termination of the contract. NO CURE NO PAY
1.8 Client shall owe 75% of the commission in the event of exchange of his vessel.
1.9 Client gives permission to Goliath to provide newsletters by email.
Article 2 – Terms and conditions of commission
| Question from |
Question Up to and including |
Provision | Btw | Minimum | Btw | Denomination fee | Btw |
|---|---|---|---|---|---|---|---|
| 0 | 5,000 | 10% | Ex | 500.00 | Ex | 50.00 | Included |
| 5.001 | 7,500 | 10% | Ex | 750.00 | Ex | 75.00 | Included |
| 7.501 | 10,000 | 10% | Ex | 1,000.00 | Ex | 100.00 | Included |
| 10.001 | 12,500 | 10% | Ex | 1.250,00 | Ex | 125.00 | Included |
| 12.501 | 25,000 | 10% | Ex | 1,750.00 | Ex | 150.00 | Included |
| 25.001 | 50,000 | 08% | Ex | 2,500.00 | Ex | 175.00 | Included |
| 50.001 | 100,000 | 06% | Ex | 3,500.00 | Ex | 200.00 | Included |
| 100.001 | 250,000 | 05% | Ex | 5,000.00 | Ex | 225.00 | Included |
| 250.001 | 500,000 | 04% | Ex | 7,500.00 | Ex | 250.00 | Included |
| 500.001—> | 02% | Ex | 10,000.00 | Ex | 275.00 | Included |
Article 3 – Client’s declaration
3.1 Client declares that the ship can be delivered unencumbered, free of mortgages, attachments, debts, etc.
3.2 Client declares that the VAT on the ship has been paid. Client has a customs declaration or an original invoice.
3.3 Client declares to be the sole and rightful owner of the vessel to be brokered and to be able to dispose of it with full power of disposition.
3.4 Client declares that the ship is insured for damage to third parties during the period that the yacht is in mediation. Some insurers must be informed if the ship is in a sales port. The so-called “standstill clause”.
3.5 Client declares to have reported all known defects. Client has a legal obligation to report.
3.6 Client declares that all information provided, about the ship to be brokered, to the best of his knowledge and ability, has been provided and is based on truth.
3.7 Client declares that a place in the harbor and on the sales area is at his own expense and risk.
3.8 Client declares upon signing the mediation contract that he will check the details of the vessel on our website, www.scheepsmakelaardijgoliath.nl, and will inform the broker of any inaccuracies and/or additions. For example: does the ship have the CE marking? Mandatory per 15-06-1998.
3.9 Client indemnifies Scheepsmakelaardaardij Goliath against liability for damage suffered during a trial run. This trial run has taken place with permission of the owner. As a result, we always advise a trial run, in which the owner sails with us. Only with the explicit permission of the owner, sea trials will take place with the broker and the interested party(ies).
3.10 Client declares that he is not under contract with another yacht broker.
Article 4 – Statement broker
4.1 Ship brokerage Goliath is in no way responsible for the accuracy of the data and/or the condition of the ship.
4.2 Shipbrokerage Goliath will during the contract period for its own account the necessary activities to promote the sale of the ship. Under required activities are among others: filling in the extensive list of questions in order to present your ship as specified as possible, taking pictures, placing this information on various websites, continuously maintaining and adapting this information on these various websites, following up so-called “leads”, answering all possible questions of potential interested parties, visiting your ship with potential interested parties, making trial runs, administrative supervision of the buy/sell process, organizing the financial settlement, etc. The activities just listed will not be charged to you separately. The activities fall under the generic commission%. The provision also refers to “some extraordinary costs”. Examples include placing an advertisement in a magazine, having a valuation and/or expert report drawn up (at the owner’s request) to promote the sale, mooring fees in one of Goliath’s sales ports, etc. Extraordinary costs will be charged in consultation and with the permission of the owner of the vessel.
4.3 Ship brokerage Goliath will draw up the sale/purchase agreement and chooses the notary in consultation with the buyer when selling a registered property. In most cases the costs of the deed of delivery will be for the account of the seller.
4.4 Scheepsmakelaardij Goliath can in no way be held liable for the consequences of damage to the ship that occurs before, during or after the brokerage period.
Article 5 – Nederlandse Bond van Makelaars in Schepen
5.1 Scheepsmakelaardij Goliath Sneek is a member of the Nederlandse Bond voor Makelaars in Schepen (Dutch Association for Ship Brokers) and refers to the contents of the general terms and conditions to the website. By signing the brokerage contract the client declares to have received a copy of the general terms and conditions and to have taken note of the contents. The general terms and conditions are unchanged from the NBMS deposited at the Chamber of Commerce in Leeuwarden under number 01100311.
Article 6 – Payment
6.1 The amount owed by the buyer will and must be transferred to a special ‘Stichting derden gelden rekening’ of the Rabobank in Sneek. The sale/purchase price, set off against the agreed commission, will be transferred within one week to the account of the seller. The deed of the Stichting Derden Gelden is public and can be requested.
6.2 In case of a registered property, the ship is registered in the register of the land registry and the amount due will be transferred to the account of a notary. The notary will arrange the transfer of ownership and registration in the cadastral registers. The costs of the notary are for the account of the buyer.
Article 7 – Rates sales harbour/showroom/area/ligbox
7.1 A place in a sales harbour, hall and/or on our site is at the expense and risk of the principal.
7.2 A berth in the sales harbour of Sneek costs € 10,– per metre including VAT per month with a minimum of € 75,00 per month including VAT.
7.3 The client ensures that the ship is and remains representative. A ship in the port of Goliath Sneek can be cleaned by order of the owner for € 12.50 per hour including VAT.
7.4 A (winter) pitch on the sales site in Sneek costs € 27.50 per m2 for a maximum of 6 months. This amount includes cranes, spraying off, places buck, buck rental, transport, rental terrain and return transport and cranes. Exclusive winter preparation. A place in the heated hall costs € 37,50 per m2 for a maximum of 6 months.
Article 8 – Expertise and/or valuation
8.1 It is wise to have an expertise and/or valuation carried out at the start of a mediation assignment. Ask for the possibilities.
Article 9 – Pick-up and delivery of ships
9.1 The ship can, by order of the owner, be picked up and taken away by an experienced and qualified skipper. Ask for more possibilities and the rates.
Article 10 – Photo, Film and 360 degree panorama tour
10.1 Ship broker Goliath can have your ship professionally filmed and photographed. Ask for the rates.
Article 11 – Miscellaneous work on your ship
11.1 Ship’s brokerage Goliath Sneek can, at the client’s request, carry out minor work on the ship. Among which; small repairs, winter- and sail preparation, clearing and hoisting sails, etc. Costs € 35.00 incl VAT per hour excluding material costs.
Article 12- Disputes
12.1 In the event of any dispute arising out of this agreement or any agreement building upon it, the parties shall attempt to resolve such dispute using an EMCI certified Marine Mediator in the first instance.