GENERAL TERMS AND CONDITIONS ADTION B.V. / MARINAUT.NL

Last amended: 9 October 2026

1. Definitions

1. Adtion: Adtion B.V., trading as Marinaut.nl, established at Cargadoorweg 25, 6541 BT Nijmegen, registered with the Dutch Chamber of Commerce under number 09189436, VAT identification number NL820163879B01.
2. Customer: any natural person or legal entity with whom Adtion enters into an agreement or to whom Adtion makes an offer.
3. Consumer: a natural person acting for purposes outside their trade, business or profession.
4. Business customer: any customer who is not a consumer.
5. Product: any goods offered or supplied by Adtion, including boats, sloops, tenders, motors, batteries, trailers, accessories and parts.
6. In writing: by letter, email, electronic order confirmation or another durable electronic communication method that allows the content to be stored.

2. Applicability

1. These general terms and conditions apply to all quotations, offers, orders, agreements, work, deliveries and services by or on behalf of Adtion.
2. Deviations apply only if confirmed in writing by Adtion.
3. Terms and conditions of the customer or third parties are expressly rejected unless Adtion has accepted them in writing.
4. For consumers, these terms apply insofar as they do not conflict with mandatory consumer law. Mandatory consumer law takes precedence.
5. For business customers, the widest possible freedom of contract permitted by law applies.

3. Order of precedence of documents and evidence

1. In the event of a conflict, the following order of precedence applies unless otherwise agreed in writing: (a) the signed agreement or order confirmation, (b) specific product or customisation arrangements confirmed in writing, (c) the quotation, (d) these general terms and conditions and (e) general information on the website.
2. The order confirmation determines the ordered model, version, colour, propulsion, options, accessories, price and other agreed specifications.
3. Oral promises, advice or changes bind Adtion only after Adtion has confirmed them in writing.
4. Adtion's electronic records, including orders, emails, photographs, delivery documents, measurements, motor data, BMS data and service reports, may serve as evidence, subject to evidence to the contrary.

4. Offers, orders and formation of agreements

1. Offers and quotations are non-binding unless expressly stated otherwise.
2. An agreement is formed once Adtion has confirmed the order or instruction in writing, fulfils the order, or the customer has made a payment required by Adtion.
3. Adtion may refuse an order or require additional information, security or advance payment where there are reasonable grounds to do so.
4. The customer is responsible for the accuracy and completeness of the information and choices provided for the order.
5. The customer checks the order confirmation as soon as possible and reports obvious errors or discrepancies immediately.

5. Product selection, advice and suitability

1. Adtion may advise the customer on matters including motor power, shaft length, battery configuration, propeller, trailer, charging equipment and installation. The final choice is based on the information provided by the customer and the agreed use.
2. Before entering into the agreement, the customer must inform Adtion of special operating conditions, including commercial use, saltwater use, exceptional loads, boating beyond normal recreational use or non-standard technical requirements.
3. If Adtion warns the customer in writing that a configuration, application or component chosen by the customer is unsuitable or not recommended, and the customer nevertheless maintains that choice, the consequences are borne by the customer to the extent permitted by law.

6. Samples, images and product information

1. Samples, models, photographs, colours, drawings, configurations and descriptions provide the best possible impression of the product.
2. Minor, non-material variations in colour, material, version, dimensions or finish do not constitute a breach if the product conforms to the agreement and reasonable expectations.
3. Specifications and manufacturer information may change. Adtion may supply a technically equivalent component or version if this does not materially reduce functionality, safety or value.
4. For consumers, the right to a product that conforms to the agreement remains fully applicable.

7. Prices

1. Consumer prices include VAT unless clearly stated otherwise. Any shipping, transport, assembly, storage, administration or other additional charges are stated separately to the extent required by law.
2. Prices for business customers may be stated excluding VAT if this is clearly indicated.
3. Obvious typographical, calculation or publication errors do not bind Adtion if the customer should reasonably have understood that an error had occurred.
4. Cost increases arising after the offer may be passed on only insofar as permitted by the agreement and the law.

8. Payment, deposits and cancellation

1. Products and services are paid for in accordance with the payment arrangements in the quotation, order confirmation or agreement.
2. Adtion may require a deposit for boats, sloops, motors, custom-made products and combined orders. The amount and the date on which the balance is due are stated in the quotation or order confirmation.
3. Unless otherwise agreed in writing, the full amount due must be paid before delivery, handover of keys or dispatch.
4. A deposit is deducted from the total amount when the agreement is performed.
5. If a customer cancels an agreement for which no statutory right of withdrawal applies, or after that right has expired, Adtion may charge for the actual loss incurred and reasonable costs incurred, to the extent permitted by law.
6. These may include work performed, specially ordered or non-returnable products and parts, custom work, transport, storage, loss in value and other costs directly arising from the cancellation.
7. For consumers, the statutory right of withdrawal and other mandatory rights remain fully applicable.

9. Late payment

1. For consumers, the statutory rules on default, interest and collection costs apply.
2. A business customer is automatically in default upon expiry of the agreed payment period and owes statutory commercial interest in addition to reasonable extrajudicial collection costs.
3. Adtion may suspend its obligations while a due payment remains unpaid, to the extent permitted by law.
4. In the event of bankruptcy, suspension of payments, liquidation or other circumstances giving reasonable grounds to doubt payment, Adtion may require additional security or advance payment to the extent permitted by law.

10. Customer changes and additional work

1. Changes after order confirmation apply only once Adtion has accepted them in writing.
2. Changes may affect the price, delivery time, scheduling, technical configuration and parts already ordered.
3. Additional work and costs directly resulting from a change requested by the customer constitute additional work and are borne by the customer after being reasonably disclosed.
4. Adtion is not obliged to accept a change if its implementation is technically unsound, no longer possible or disproportionately burdensome.

11. Delivery time

1. Stated delivery times are indicative unless a binding final deadline has expressly been agreed.
2. The delivery period begins only once all information, choices and agreed payments needed for performance have been received.
3. Delays caused by the customer's failure to provide information, documents, measurements, choices, access or cooperation in time extend the delivery period by at least the resulting delay.
4. Adtion informs consumers of significant delays in accordance with the applicable statutory rules.

12. Delivery, shipping and pallet shipments

1. Delivery takes place at the agreed location.
2. Products ordered online are delivered to the address provided by the customer.
3. Heavy or bulky products may be shipped by pallet or special transport.
4. Pallet shipments are normally unloaded immediately beside the vehicle at a safe, accessible and paved location. Unloading on a driveway, garden path, yard, jetty, grass, gravel or another location depends on accessibility and the carrier's assessment.
5. The customer ensures that delivery is possible. If delivery cannot take place due to a circumstance attributable to the customer, reasonable charges may be made for a further delivery attempt, return transport and storage.
6. Fuel-powered motors that must be shipped without fluids under applicable transport rules cannot always be shipped fully ready for use or with a complete pre-delivery inspection. Where applicable, this is disclosed before delivery.

13. Storage after notification of readiness

1. The customer collects a product that is ready within the agreed or reasonably notified period.
2. If the customer does not collect a product in time, Adtion may charge reasonable storage fees after a reasonable free collection period, provided these fees were disclosed beforehand or when readiness was notified.
3. Additional costs and demonstrable loss caused by prolonged storage attributable to the customer may be borne by the customer to the extent permitted by law.

14. Inspection, handover and visible discrepancies

1. When delivering a boat, motor or other valuable installation, Adtion may prepare a delivery or handover report recording matters including the version, accessories, visible condition, operating hours, serial numbers and any comments.
2. The customer is asked to report visible transport damage, missing items and immediately apparent discrepancies as soon as possible upon delivery and, where possible, have them recorded on the delivery document.
3. A consumer's failure to report a visible defect immediately does not remove statutory rights, but may be relevant to the evidential position.

15. Sea trials, demonstrations and pre-delivery inspection

1. Limited boating hours, operating hours, charging cycles or signs of use necessary for production checks, pre-delivery inspection, diagnosis, sea trials or demonstrations do not automatically mean that a product sold as new is second-hand.
2. Before delivery, Adtion may carry out a reasonable technical check, test run or sea trial where desirable for safe and correct delivery.

16. Consumer right of withdrawal

1. For a distance contract, a consumer generally has a statutory cooling-off period of 14 days, unless a statutory exception applies.
2. The consumer may withdraw from the agreement during the cooling-off period using the withdrawal or cancellation function available on the website, by email to info@marinaut.nl, by letter or using the statutory model form.
3. Use of the online cancellation function is not mandatory; a consumer may also use another legally permitted method.
4. After withdrawal, the consumer must return or hand over the product within 14 days at the latest.
5. Return address: Adtion B.V. / Marinaut, Cargadoorweg 25, 6541 BT Nijmegen, Netherlands, unless Adtion has provided another Dutch return address in writing beforehand.

17. Exceptions to the right of withdrawal

1. The right of withdrawal does not apply where a statutory exception applies, including products made to the consumer's specifications that are not prefabricated, or made on the basis of an individual choice or decision by the consumer, or clearly intended for a specific person.
2. Merely choosing from normal standard options does not automatically make a product custom-made. Adtion applies the custom-made exception only where the statutory conditions are met.
3. Other statutory exceptions are applied insofar as they apply to the agreement concerned.

18. Return costs, risk and refunds following withdrawal

1. The direct costs of return are borne by the consumer if Adtion clearly disclosed this before purchase.
2. For products that cannot normally be returned by post due to their nature, Adtion provides the costs or a reasonable estimate of return costs before purchase to the extent required by law.
3. If the consumer chooses a carrier themselves, the transport risk rests with the consumer insofar as this follows from the law. If Adtion arranges collection of the return, risk transfers in accordance with the statutory rules once the product has been handed to the carrier engaged by Adtion.
4. In the event of full withdrawal, Adtion refunds the amounts legally repayable, including standard outward shipping costs, within the statutory period.
5. Adtion may withhold the refund until the product has been received or until the consumer proves that it has been returned, whichever occurs first.
6. Refunds are generally made using the same payment method unless the consumer agrees to another method that is free of charge.

19. Loss in value on return

1. The consumer may inspect a product as would reasonably be possible in a physical shop.
2. If the consumer has used or handled the product beyond what is necessary to establish its nature, characteristics and functioning, Adtion may charge for the resulting loss in value to the extent permitted by law.
3. This may apply, for example, if the product can no longer be sold as new due to use, assembly, damage, missing parts, soiling or damage to packaging or accessories.
4. The loss in value is assessed individually based on the actual condition, possibilities for restoration and remaining resale value. Depending on the circumstances, this loss in value may be substantial.
5. Internal business costs are not charged as a separate return penalty where there is no legal basis for doing so.

20. Retention of title

1. Adtion retains ownership of supplied products until the amounts due for them have been paid in full, insofar as retention of title is legally possible.
2. A business customer may not pledge or encumber products subject to retention of title and must keep them identifiable on request.
3. Where Adtion validly invokes retention of title, it may repossess the products concerned to the extent permitted by law.

21. Right of retention

1. To the extent permitted by law, Adtion may retain a product lawfully in its possession while due claims sufficiently connected with that product or the legal relationship concerned remain unpaid.
2. For business customers, the right of retention also applies, insofar as legally possible, to other due claims arising from the same business relationship.

22. Statutory rights and commercial warranty

1. A consumer is always entitled to the statutory guarantee: the product must meet what they may reasonably expect under the agreement.
2. In the Netherlands, there is no fixed general statutory guarantee period.
3. In addition to statutory rights, Adtion may offer a commercial warranty. Its duration and conditions are stated in these terms, with the product, in the order confirmation or in a separate warranty document.
4. New products have a commercial warranty period of 2 years unless a longer period is stated with the product. For professional or business use, a commercial warranty period of 1 year may apply if agreed before purchase.
5. For used or second-hand products, a commercial warranty of 3 months may apply if clearly stated with the product or in the agreement.
6. A restriction or exclusion of a commercial warranty never limits a consumer's mandatory statutory guarantee rights.

23. Commercial warranty conditions

1. The commercial warranty generally covers defects caused by faulty manufacture, construction or materials.
2. Normal wear and tear, damage caused by accidents, collisions, misuse, inadequate maintenance, frost, corrosion due to improper use, unauthorised modifications or use outside the specifications are excluded from the commercial warranty insofar as they caused the defect.
3. The customer first gives Adtion a reasonable opportunity to investigate the defect and, where applicable, remedy it.
4. A commercial warranty claim may be rejected insofar as the defect was demonstrably caused or aggravated by an act or omission excluded from the commercial warranty under these terms.

24. Maintenance and evidence

1. The customer uses and maintains products in accordance with the manual, manufacturer's instructions and Adtion's reasonable instructions.
2. For a commercial warranty claim, Adtion may request invoices, maintenance records, motor data, BMS data or other reasonable evidence of maintenance where maintenance is relevant to the cause of the defect.
3. A consumer's lack of maintenance evidence does not automatically result in loss of statutory guarantee rights; what matters is whether the alleged defect is connected with maintenance or use.
4. Before assembly, commissioning, boating, transport, charging, storage or maintenance, the customer must read the manuals applicable to the supplied product and always follow the safety, operating and maintenance instructions they contain. This includes both Marinaut manuals and the manuals and instructions of the manufacturer of the product and its associated components, including the motor, battery, charger and boat trailer.
5. The Marinaut manuals are available via Sloop and Tender Manual and Boat Trailer Manual. The customer must also consult the manufacturer's documentation for the specific model. The general Marinaut manuals do not replace that manufacturer's documentation. For model-specific technical limits and operation, the applicable manufacturer's instructions take precedence, subject to the law.
6. If an applicable manual is missing, inaccessible, unclear or contradictory, the customer must contact Adtion at info@marinaut.nl before carrying out the action concerned. The customer retains the manuals and ensures that other users know and follow the applicable instructions.
7. Failure to follow these instructions may affect the commercial warranty: a claim may be rejected insofar as the defect or damage was demonstrably caused or aggravated by that failure, in accordance with Article 23. Merely failing to read a manual does not automatically invalidate all warranty rights. Consumers' statutory rights and the statutory rules on the burden of proof remain fully applicable.

25. Boats, hulls, gelcoat and osmosis

1. A boat's commercial warranty may include additional conditions for the hull, structure, hardware and finish.
2. Cosmetic characteristics of handmade boats, including minor colour variations, superficial gelcoat differences, pinholes and non-structural imperfections, do not automatically constitute a defect if they fall within what may reasonably be expected of such a product.
3. For boats kept in the water for prolonged periods, the owner must take appropriate measures against osmosis, fouling and moisture, including, where relevant, applying and maintaining a suitable epoxy primer and antifouling in accordance with instructions.
4. The bilge and other relevant spaces must be kept reasonably dry and clean. Damage demonstrably caused by prolonged exposure to water, inadequate ventilation, neglect or improper maintenance is excluded from the commercial warranty.
5. Damage caused by collision, grounding, exceeding permitted loads, incorrect lifting, improper storage, incorrect trailering or use outside design and CE limits is excluded from the commercial warranty insofar as caused by these circumstances.

26. Motor power and loading

1. The customer may not exceed the maximum motor power, load capacity, number of persons or other technical limits specified by the manufacturer, CE documentation or capacity plate.
2. Damage caused by exceeding these limits is excluded from the commercial warranty.

27. Motors

1. Motors must be used and maintained in accordance with the manufacturer's and supplier's instructions.
2. Periodic maintenance, consumables and normal wear and tear are not covered by the commercial warranty unless expressly agreed otherwise.
3. Damage caused by incorrect fuel, incorrect oil, inadequate lubrication, overheating, failure to winterise, frost, water in fuel or oil, improper transport or use outside the specifications is excluded from the commercial warranty insofar as caused by these circumstances.
4. If a motor has its own manufacturer's warranty, Adtion may handle the claim through the manufacturer or importer in consultation with the customer, without affecting the consumer's statutory rights against Adtion.

28. Batteries and battery packs

1. The customer is responsible for charging, use, storage and maintenance in accordance with the manufacturer's and Adtion's instructions.
2. Damage or capacity loss caused by excessive discharge, prolonged storage without charge, an incorrect charger, incorrect charging voltage, overheating, frost, moisture, physical damage or other improper use is excluded from the commercial warranty insofar as caused by these circumstances.
3. For a claim potentially related to use or charging, Adtion may request relevant information about charging cycles, state of charge, storage, charger and use.
4. Where available, Adtion may use diagnostic data from the battery, charger, motor or Battery Management System to investigate the cause of a fault.
5. Statutory consumer rights remain fully applicable.

29. Software, firmware and electronic systems

1. Products may contain software, firmware, apps or electronic control systems updated by the manufacturer or supplier.
2. Technical or security updates may change features or operation insofar as reasonable and legally permitted.
3. Damage or faults demonstrably arising from unapproved firmware, tampering, jailbreaks, incorrectly connected equipment or incompatible accessories are excluded from the commercial warranty.

30. Installation by the customer or third parties

1. If the customer carries out installation themselves or engages a third party, Adtion is not responsible for errors in that assembly or installation insofar as those errors cause the problem.
2. A third party's error does not affect the statutory guarantee on the product supplied by Adtion itself insofar as the product itself is not the cause of the problem.
3. For safety-critical installations, Adtion may require work to be carried out by a qualified person where this follows from the manufacturer's instructions or applicable regulations.

31. Diagnosis, investigation and warranty claims

1. The customer first allows Adtion to investigate the alleged defect.
2. If a defect is established for which the consumer is entitled to a statutory remedy, the necessary repair or replacement costs are borne by Adtion to the extent required by law.
3. If investigation shows that there is no defect covered by warranty, or that the cause is misuse, normal wear and tear, inadequate maintenance, damage, unauthorised modification or another cause not attributable to Adtion, Adtion may charge reasonable investigation, labour, transport, call-out and storage costs, provided these were disclosed beforehand and the law permits them.
4. For investigations away from Adtion's premises, arrangements for travel, transport and investigation costs may be made in advance.

32. Repairs and replaced parts

1. The customer gives Adtion a reasonable opportunity to carry out a necessary repair.
2. Replaced parts become Adtion's property if replaced free of charge and the manufacturer, importer or warranty provider requires this, unless otherwise agreed or prohibited by law.
3. Boat repairs that are not immediately necessary may, where reasonable, be scheduled for a period when they can practically be carried out, taking statutory obligations into account.

33. Winter storage, preservation and operating environment

1. The customer is responsible for timely winterisation and preservation of the boat, motor, battery, fuel system and other susceptible components.
2. The customer takes account of frost, moisture, ventilation, corrosion, salt water, galvanic corrosion, anodes, shore power and prolonged periods of inactivity.
3. Damage demonstrably resulting from inadequate winterisation, incorrect storage or insufficient protection against the operating environment is excluded from the commercial warranty.

34. Trade-ins

1. A trade-in valuation is based on information supplied by the customer and the condition visible or reasonably ascertainable at the time of assessment.
2. The customer guarantees that they are entitled to transfer the trade-in item and discloses known damage, technical defects, relevant repairs, finance, attachments, missing documents and the correct operating or boating hours.
3. If, before final transfer, the condition proves to differ materially from the information provided, Adtion may reasonably adjust the trade-in value or refuse the trade-in.
4. For consumers, this applies only insofar as the discrepancy is attributable to them and the adjustment is reasonable and legally permitted.

35. Adtion's liability – general

1. Adtion is liable for loss insofar as that liability arises from the law or agreement and has not been validly excluded or limited.
2. No limitation in these terms applies in the event of intent or deliberate recklessness by Adtion insofar as exclusion is not legally permitted, or in other cases where mandatory law prohibits a limitation.
3. For consumers, limitations of liability are applied only insofar as valid under mandatory consumer law.

36. Liability towards business customers

1. Except in cases of intent or deliberate recklessness and subject to mandatory law, Adtion is not liable to business customers for indirect loss, consequential loss, loss of profit, lost savings, business loss, loss of use, interruption loss or third-party claims.
2. To the extent permitted by law, Adtion's liability towards a business customer is limited to the amount paid by the liability insurer for the case concerned, plus the applicable deductible.
3. If no insurance payment is made, liability towards a business customer is limited, to the extent permitted by law, to the invoice amount of the part of the agreement to which the liability relates.

37. Indemnification by business customers

1. To the extent permitted by law, a business customer indemnifies Adtion against third-party claims resulting from a breach of the agreement attributable to the business customer, improper use, unauthorised modification or incorrect information supplied by the business customer.

38. Additional provisions for business customers

1. A business customer inspects the delivery as soon as possible and reports visible defects within 7 days of delivery and other defects within 14 days of discovery, failing which rights may lapse to the extent permitted by law.
2. Suspension and set-off by a business customer are excluded unless the counterclaim has been acknowledged in writing by Adtion or conclusively established by a final decision.
3. For business customers, transport to and from Adtion in connection with commercial warranty or service is at their cost and risk unless otherwise agreed in writing.
4. Commercial warranties for business customers apply solely as recorded in writing in the quotation, order confirmation, product information or a warranty document.

39. Force majeure

1. A failure to perform is not attributable to Adtion if it results from a circumstance beyond its reasonable control.
2. Such circumstances may include war, unrest, natural disasters, fire, epidemics, strikes, government measures, transport problems, energy, telecommunications or IT outages, cyber incidents and force majeure affecting suppliers, manufacturers or carriers.
3. Obligations are suspended during force majeure insofar as it prevents performance.
4. If force majeure lasts longer than 30 days, the parties may terminate the unperformed parts of the agreement insofar as continuation cannot reasonably be required and the law permits this.

40. Complaints

1. Complaints may be submitted to info@marinaut.nl.
2. The customer describes the complaint as fully as possible and, where relevant, provides photographs, serial numbers, proof of purchase, fault codes or other information enabling investigation.
3. A consumer must report a defect within a reasonable time after discovery. Mandatory rules on complaint periods remain applicable.
4. If a complaint is not resolved by mutual agreement and Marinaut is a member of WebwinkelKeur, a consumer may use the mediation and dispute resolution facilities available through WebwinkelKeur under the applicable conditions.

41. Intellectual property

1. Texts, photographs, drawings, configurations, documentation and other materials created or provided by Adtion remain the property of Adtion or the relevant rights holder insofar as intellectual property rights apply.
2. These materials may not be commercially copied or used without permission, subject to statutory exceptions.

42. Transfer of rights

1. A business customer may not transfer rights and obligations under an agreement to a third party without Adtion's prior written consent, to the extent permitted by law.
2. For consumers, the statutory rules on transfer of rights apply.

43. Amendments to terms

1. Adtion may amend these general terms and conditions for future agreements.
2. For ongoing consumer agreements, amendments apply only if and insofar as legally permitted and properly communicated to the consumer.

44. Invalidity or voidability

1. If a provision is wholly or partly void, voidable or unenforceable, the remaining provisions remain in force.
2. Where necessary, the parties will apply a valid provision that corresponds as closely as possible to the purpose and intent of the original provision, to the extent permitted by law.

45. Governing law and competent court

1. Agreements with Adtion are governed by Dutch law, without prejudice to mandatory consumer protection that cannot be excluded under applicable private international law.
2. A dispute with a consumer is submitted to the court competent under the law.
3. For disputes with business customers, the competent court in the district in which Adtion is established has jurisdiction, to the extent permitted by law.

46. Contact details

Adtion B.V., trading as Marinaut.nl
Cargadoorweg 25
6541 BT Nijmegen
Netherlands
Chamber of Commerce: 09189436
VAT ID: NL820163879B01
Telephone: +31 (0)24 799 8041
Email: info@marinaut.nl