General terms.
BROOKS
Our Terms.
General Terms and Conditions of Brooks Motors. Brooks Motors specializes in the sale, maintenance, repair, restoration and trade of classic vehicles from Meerkerk, the Netherlands.
⚠ CAUTION
Classic vehicles can exhibit hidden defects that are not always immediately visible or detectable. By entering into an agreement, the customer acknowledges these inherent risks and is advised to inspect the vehicle thoroughly, with or without the Brooks Check.
00 — Language and translation
Brooks Motors provides the general terms and conditions primarily in Dutch. An English translation can be provided upon request. In the event of doubt or a difference between the Dutch and English versions, the Dutch text is binding. If no translation is requested, Brooks Motors assumes that the customer will take care of a correct translation or consultation themselves.
01 — Company Location and Contact Details
Brooks Motors is located in Meerkerk, the Netherlands, registered with the Chamber of Commerce under number 81356773 and VAT number NL862055489B01. Phone: +31638376691. E-mail: info@brooksmotors.nl.
02 — Definitions
Brooks Motors means the company that trades, repairs, and maintains classic cars. Customer means the party that enters into an agreement with Brooks Motors, either consumer or business. Consumer means the customer who enters into an agreement as a private individual, outside professional or business activities. Agreement means the written or oral agreement between the customer and Brooks Motors relating to sale, repair, or maintenance of a vehicle. Online purchase means a purchase made via the Brooks Motors website or another digital channel where the customer has not physically viewed the product before the agreement was concluded. Offline purchase means a purchase made after the customer has physically viewed the vehicle at Brooks Motors or another location where the vehicle is located.
03 — General
3.1 Applicability: These general terms and conditions apply to all offers, quotations, sales agreements, and deliveries of goods and/or services by Brooks Motors. By entering into an agreement with Brooks Motors, the customer agrees to these terms. By providing an assignment or bringing a vehicle to Brooks Motors, the customer also declares to be familiar and in agreement with the liability provisions included in articles 6.3, 6.5 and, if applicable, 6.6. 3.2 Amendments to terms: Brooks Motors reserves the right to change the terms at any time. Amendments are deemed accepted when the customer further executes the agreement or enters into a new transaction. Amendments are also communicated via the website and/or quotation.
04 — Prices and Payment
All prices communicated by Brooks Motors are exclusive of VAT unless stated otherwise. All prices are in euros. Payment must be made in the indicated manner and within the agreed term stated on the invoice. In the event of non-payment within the set term, the customer is automatically in default. If the customer is in default, Brooks Motors is entitled to charge the maximum statutory interest as indicated in article 6:119 of the Dutch Civil Code. Upon entering into the agreement, a down payment of 50% of the total purchase price may be required unless otherwise agreed. Payment of the down payment is a binding confirmation of the full agreement, and the remaining amount must be paid within the agreed term.
05 — Delivery and Collection Period
Delivery of the car takes place when the customer has paid the full amount. If a car is ready for delivery, the customer will be informed and must collect the car within two weeks after notification of readiness. If the customer does not collect the car within two weeks, storage costs of €25 per day will be charged. If the customer still decides to buy the car after this period, the 50% down payment remains valid, but all extra services, repairs, or optional work carried out specifically for the customer and described in the quotation will be recovered in addition to the down payment. If the customer has not responded or collected the car after the two weeks, Brooks Motors has the right to dissolve the agreement and revoke the right to the car. All incurred costs, including storage and optional work, will be recovered, and the down payment cannot be reclaimed.
06 — Liability and Warranty
Since Brooks Motors specializes in classic cars, no warranty is given on cars unless otherwise agreed in writing. Vehicles are sold as seen, and the customer is expected to conduct their own research into the condition of the car. In some cases, a goodwill warranty may be provided, but this is never an obligation and is always subject to change. Brooks Motors is not liable for damage arising after the sale unless caused by gross negligence or intent. The customer is responsible for insurance, including during repairs or storage. When the customer has viewed a vehicle, it is assumed that the customer is fully aware of the condition and maintenance. No claims or complaints can be submitted regarding condition after purchase. Brooks Motors carries out maintenance, repair, restoration, diagnostics, and other technical actions with the greatest possible care, but accepts no liability for damage to vehicles, parts, or property during or after work, test drives, trial runs, transport, stay on or near the grounds, fire, theft, vandalism, storm, water damage, consequential damage, failed repairs, or personal property in or on the vehicle. Business customers expressly and irrevocably waive any right to compensation and must take out adequate insurance for all risks.
07 — Ownership of the Product
Ownership of the car remains with Brooks Motors until the full purchase price has been paid. The customer may not sell, alienate, or seize the car until the full amount has been paid. If the customer does not pay on time, Brooks Motors can take back ownership and the customer loses the right to the car. If the customer decides not to take delivery after the down payment, the 10% down payment remains with Brooks Motors. Extra costs such as optional work orders will be invoiced separately and recovered from the customer.
08 — Right of Withdrawal
If the customer has physically viewed the car before purchase, the right of withdrawal is excluded. Purchases after physical viewing are offline purchases. For business customers, the right of withdrawal is excluded at all times, including online purchases.
09 — Down Payment and Payment
The customer is obliged to make a down payment when entering into the agreement unless otherwise agreed. The down payment is a binding confirmation and is non-refundable. A down payment confirms the agreement between the customer and Brooks Motors. The customer must pay the full amount even if the product is not taken. If the customer decides not to take delivery after the down payment, Brooks Motors can confiscate the down payment and recover extra costs specifically carried out for the customer, such as optional work orders.
10 — Force Majeure
Brooks Motors is not liable for delay or damage resulting from force majeure, including natural disasters, war, illness, delays in deliveries from third parties, or other unforeseen circumstances beyond its control. In force majeure, the customer cannot terminate the agreement without consent of Brooks Motors and is entitled to a reasonable extension of delivery time depending on circumstances.
11 — Amendment of the Terms
Brooks Motors reserves the right to change these general terms and conditions at any time. Amendments are communicated in writing or electronically. The customer has the right to accept a modified version or terminate the agreement.
12 — Resale of the Car
To ensure ongoing quality and exclusivity of vehicles, Brooks Motors asks to be given the first right of purchase should the customer decide to sell the car. In that event, contact Brooks Motors in writing so the best way forward can be discussed.
13 — Export and License Plate Registration
Brooks Motors does its best to help with vehicle export but is not liable for correct registration of vehicles abroad, including obtaining foreign license plates. The customer is fully responsible for all formalities, documents, and procedures related to export and registration in the destination country. Brooks Motors is not liable for damage, loss, or delay during export or for the accuracy of export documents. Brooks Motors is not responsible for import duties, taxes, or other costs payable by the customer when exporting the car.
14 — Definition of “Good” for vehicles
In these terms, “good” means a vehicle delivered by Brooks Motors that has been inspected according to the General Periodical Inspection, APK, appropriate to the year of manufacture. Brooks Motors carries out the inspection itself, Brooks Checked, and considers the car good when it meets APK requirements for the relevant year. Not all vehicles are delivered as good because Brooks Motors does not always have the resources or time to guarantee this. When Brooks Motors says good, this is an expectation that the vehicle meets APK requirements and is in reasonable condition, but no extensive check may have been carried out, and Brooks Motors cannot be held liable for the actual condition. Customers are advised to carry out their own check or request a Brooks Check. Only vehicles that have undergone the Brooks Check can be guaranteed by Brooks Motors as good. For a Brooks Checked vehicle, an extensive check is carried out beyond the standard APK inspection, offering more certainty about condition.
15 — Applicable Law and Disputes
These general terms and conditions are subject to Dutch law. All disputes arising from or related to these terms will be submitted exclusively to the competent court in the district where Brooks Motors is established.
16 — Signing
By accepting these general terms and conditions, the customer agrees to the conditions described above. These terms are binding from the moment of signing a contract, agreeing to a quotation, or otherwise giving an assignment to or making a purchase from Brooks Motors.