Consignment terms

These general terms and conditions apply to all offers by and agreements with Motodam B.V., located at Noorddammerweg 17E, 1424 NV de Kwakel, the Netherlands, Chamber of Commerce 99016974 ("Motodam"). Deviations apply only if agreed in writing. In case of conflict between these terms and the written agreement, the agreement prevails.

Offers and advertisements are without obligation and based on the vehicle description used by Motodam (make, model, year, mileage, specification and known defects). The purchase agreement is recorded in writing (including by e-mail or invoice) stating the vehicle, the price including all unavoidable costs, any trade-in, the (expected) delivery date and the warranty arrangements.

The odometer reading is stated as registered (NAP/RDW odometer register). Motodam warrants that the stated reading is "logical", unless the agreement explicitly states that the reading is "illogical" and the buyer has agreed to this in writing.

Payment takes place at delivery at the latest, unless agreed otherwise in writing. In case of late payment the buyer owes, after notice of default, statutory interest and extrajudicial collection costs.

Cash payment is possible only up to € 3,000 per transaction (art. 1f of the Dutch Anti-Money Laundering Act); any excess is paid by bank transfer or debit card. Splitting a payment to stay below this limit is prohibited by law.

A deposit confirms the purchase and is set off at delivery. If the buyer cancels the purchase, the buyer owes compensation of 15% of the purchase price, unless Motodam demonstrates that its loss is higher or the buyer demonstrates that the loss is lower. Any deposit paid is set off against this amount.

If a fixed delivery date has been agreed, Motodam is in default immediately upon exceeding it. In case of an expected delivery date, the buyer may give Motodam written notice of default after it is exceeded and grant a reasonable period of three weeks; thereafter the buyer may rescind the agreement. The risk of the vehicle passes to the buyer upon actual delivery.

The vehicle remains the property of Motodam until the purchase price and any additional costs have been paid in full. As long as the retention of title applies, the buyer must insure the vehicle at least third-party + comprehensive and may not sell or encumber it.

In case of a trade-in, the buyer warrants that the trade-in vehicle is his unencumbered property, that the information provided (including odometer reading and damage history) is correct and complete, and that the vehicle is delivered with all keys and documents. Until the actual handover the trade-in vehicle remains for the account and risk of the buyer. If its condition at handover deviates from its condition at valuation, Motodam may adjust the trade-in price.

Consumers enjoy the statutory warranty: the vehicle must conform to the agreement (art. 7:17 of the Dutch Civil Code), taking into account its nature, price, age and mileage. These statutory rights are not limited or excluded by these terms.

Additional (commercial) warranty is granted only if and as stated in writing on the purchase agreement, and applies alongside — never instead of — the statutory warranty. Known defects stated on the agreement and normal wear (including tyres, chain and sprockets, brake pads, battery and seat) fall outside any warranty.

Vehicles sold expressly "as-is" or at a take-away price ("meeneemprijs") are delivered without any additional (commercial) warranty; the price reflects this and Motodam grants no warranty on parts, labour or defects for such vehicles, unless the buyer opts in writing, before or at the conclusion of the purchase, for one of the service packages offered by Motodam. If the buyer opts for a service package, the warranty applies as described in that package and stated on the purchase agreement. For consumers the statutory warranty (art. 7:17 of the Dutch Civil Code) remains fully in force in all cases and is not excluded or limited by an "as-is" or take-away-price sale.

Some vehicles are sold by Motodam on consignment on behalf of their owner; this is stated on the purchase agreement and invoice. Motodam grants no additional (commercial) warranty on consignment vehicles. Statutory consumer rights remain unaffected.

In case of a sale to a buyer acting in the course of a profession or business (including traders and export), the vehicle is sold in the condition in which it is ("sold as seen, tested and approved"), excluding any warranty and any reliance on non-conformity, except to the extent Motodam knew of and concealed defects. The business buyer has had the opportunity to inspect and test drive the vehicle.

Motodam is not liable for indirect and consequential loss (including lost income and costs of replacement transport), except in case of intent or deliberate recklessness of Motodam or its managers. For consumers this limitation applies only to the extent permitted by law.

The buyer reports complaints to Motodam in writing within a reasonable time after discovery; for consumers a report within two months is in any case timely. Motodam is given the opportunity to examine the vehicle and to remedy free of charge any defect covered by warranty or conformity.

Dutch law applies to all agreements. Disputes are submitted to the competent court of the Amsterdam district court, unless mandatory law (including consumer jurisdiction rules) provides otherwise.