Terms and conditions - Statement Marine

These are the HISWA General Terms and Conditions for Contracting, Sale and Delivery (HISWA Algemene Aannemings-, Verkoop- en Leveringsvoorwaarden) of HISWA-RECRON. These terms and conditions were drawn up after consultation with the ANWB. The terms and conditions apply exclusively to members of HISWA-RECRON. HISWA-RECRON will take action against any misuse. The terms and conditions were filed with the Netherlands Chamber of Commerce (Kamer van Koophandel) on 20 March 2026.

Article 1 – Definitions

The following definitions apply in these terms and conditions:

Business: a natural person or legal entity that enters into an agreement with a consumer. This business is a member of HISWA-RECRON.
Consumer: a natural person who enters into an agreement with a business that is a member of the trade association HISWA-RECRON. This consumer does not enter into the agreement on behalf of his profession or trade, but in a personal capacity.
Parties: the business and the consumer, as described under a and b.
Vessel: an object made to stay on the water and to move on it, including the equipment and inventory belonging to it. This term also includes a hull or a vessel under construction.
Cost-plus agreement (regieovereenkomst): an agreement in which the parties do not agree a fixed price, but instead work on the basis of payment for the actual costs, such as labour and materials plus a mark-up percentage.
Diving equipment: objects with which a person can breathe and see under water, and with which he can move more easily under water.
Fishing gear: objects for fishing. This concerns fishing without a commercial purpose.
Electronic: by email or website.

All amounts stated in these general terms and conditions include VAT.

Article 2 – Applicability of these terms and conditions

These general terms and conditions apply to every offer and every agreement that:

is concluded between the business and the consumer, and
relates to the purchase, sale, construction, conversion, fitting-out, installation, repair or maintenance of, among other things, vessels, water sports articles, diving equipment and/or fishing gear and/or parts thereof.

These general terms and conditions also apply to all further agreements arising from the above offer or the above agreement.

Article 3 – Offer/quotation

The business makes its offer or quotation orally, in writing or electronically.
An oral offer lapses if it is not accepted immediately, unless the business has immediately set a period within which the offer can be accepted.
A written or electronic offer must bear a date. If a period of validity is stated in the offer, the business may not change or withdraw its offer within that period. If no period is stated, the business may not change or withdraw its offer up to and including 14 days after the date of the offer.
In its offer, the business gives a full and accurate description of the goods and/or work it will supply or carry out. With this, it encloses – insofar as possible and useful – designs, images, drawings, sketches and/or specifications. In its offer, it also states:
- the prices, including any additional costs;
- dimensions, weight and, where applicable, engine power, speed and make/type;
- whether there is a variable or a fixed price/contract price;
- whether there is a cost-plus agreement and, if so, with or without an indicative price. A cost-plus agreement is an agreement without a fixed price (see Article 1e).

If the offer concerns installations and conversions directly related to the purchase, the offer states the separate price (contract price) and the duration of these installations and conversions.

In its offer, the business states when it will start the work and/or gives an indication of the delivery time.
With an offer for an installation, conversion or repair, the consumer may receive designs, images, drawings, sketches, specifications, calculations and other explanations and clarifications. These documents remain the intellectual property of the party that provided them. The consumer may not hand them over to others, unless this is necessary for remedial, repair and/or maintenance work.
With every offer, the business must provide a copy of these general terms and conditions.

Article 4 – Agreement

An agreement exists as soon as the consumer accepts the offer of the business. If he accepts this offer electronically, the business sends a confirmation to the consumer electronically.
Every agreement is preferably recorded in writing or electronically.
In the case of a written agreement, the business must always give the consumer a copy.
An agreement for a conversion or repair applies only to work that the business can reasonably foresee.

Article 5 – Price and price changes

Fixed purchase price/fixed contract price

Unless the business and the consumer have explicitly agreed otherwise, a fixed purchase price or a fixed contract price applies to the agreement. The following provisions apply to this:
1. If the consumer asks the business to carry out more work, or different work, than agreed, the business may increase the price. It may do so only if it has informed the consumer of the price increase in good time or if the consumer could reasonably have foreseen the price increase.
2. The business may always pass on changes in taxes, excise duties and other government levies to the consumer.
3. If the business unexpectedly has to change or interrupt the work, it may charge the additional costs resulting from this. It may do so only if the causes of the change or interruption are not attributable to it and it could not have foreseen them when it made the price agreement.
4. If the business unexpectedly has to change or interrupt the work, or if the scope of the work turns out to be much greater than foreseen, the business must stop the work immediately. It must then consult the consumer on whether or not it will continue the work and, if so, how. The business is in any event entitled to payment for the work it has already done and for the costs related to it.
5. If the agreement is accompanied by supplementary agreements that have a particular effect on the price, the delivery time, the dimensions, the weight and, where applicable, the engine power and the speed, the business must notify the consumer of this.

Variable purchase price/variable contract price

If the business and the consumer have agreed a variable purchase price or variable contract price, the following provisions apply:
1. If, more than 3 months after the agreement was concluded, a price increase or decrease occurs that affects the purchase price or contract price, the business passes this on. It does so at the request of the party with the greatest interest in this. The condition is that delivery has not yet taken place and/or the work concerned has not yet been (fully) carried out. However, the business does not pass on a price increase if it could have avoided it by ordering in good time. A price increase or decrease also includes a change in the exchange rate of the currency in which the supplied material or product was paid for. This concerns a change compared with the exchange rate used in calculating the original purchase price or contract price.
2. The business may always pass on changes in taxes, excise duties and other similar government levies to the consumer.
3. If, more than 3 months after the agreement was concluded, the business is faced with an increase or decrease in the wages, other terms of employment or social security contributions of its employees, it may pass these on. The condition is that this concerns a wage increase or decrease imposed by the collective labour agreement (cao) or wage regulation by which the business is bound and/or that it concerns social security contributions payable by the business. A further condition is that the change affects the contract price.
4. If, as a result of the price increases referred to in this paragraph, the purchase price or contract price rises by more than 15%, the consumer may rescind (ontbinden) the agreement.

Cost-plus agreement

If the business and the consumer have concluded a cost-plus agreement and have agreed an indicative price in it, an increase or decrease of this indicative price may amount to no more than 10%. The condition is that the work can be carried out in accordance with the description in the agreement.

Article 6 – Delivery time

Delivery time means the period between:
1. the date on which the purchase agreement was concluded or on which the order for construction, conversion, fitting-out or installation, repair or maintenance was placed; and
2. the agreed delivery date ex works or ex depot of the business in the Netherlands.
As soon as the business knows that the delivery time may be exceeded, it must inform the consumer of this in writing. In doing so, it must state the reason why the delivery time is being exceeded and (if possible) how much longer the delivery time will be.
If a delay has arisen that is the reasonably foreseeable consequence of neglect on the part of the consumer, the delivery time is extended by the duration of that delay. The consumer must also pay any costs arising from this neglect. Neglect means that the consumer does not fulfil an obligation he has towards the business with regard to the goods to be delivered. This is in any event the case if the consumer – despite a timely reminder – does not pay on time the (due and payable) amount he owes the business.
Has the delivery time been exceeded by more than 15% and are the causes of this attributable to the business? If so, the business is in default (in verzuim) if:
1. the consumer has notified the business in writing of its failures to perform (has given it notice of default), giving it a reasonable period to fulfil its obligations; and
2. the business has not fulfilled its obligations within this period.

The consumer does not need to give the business notice of default if it is permanently impossible for the business to fulfil its obligations or if the business has indicated that it will not fulfil its obligations.

If the business is in default, the consumer has the right to suspend and/or rescind the agreement in accordance with Article 20 of these terms and conditions.

Article 7 – Delivery

Delivery takes place at the premises of the business in the Netherlands. If there is a sea trial before delivery, delivery takes place at the location agreed for the sea trial.
Before delivery of the vessel or of the other goods ordered, the business gives the consumer the opportunity to inspect the vessel or the other goods (or have them inspected). In the case of repairs or conversion, installation, fitting-out or maintenance work, the business offers the consumer the opportunity to inspect this work (or have it inspected) before completion. If a (delivery) sea trial has been agreed, the business offers the consumer the opportunity to make that sea trial before delivery of the vessel or completion of the work carried out.
After the business has invited the consumer to carry out the inspection and/or the (delivery) sea trial, the consumer must take up this opportunity within 28 days. If he does not, the vessel or the goods are deemed to have been delivered, unless the consumer is affected by force majeure (overmacht).
As soon as delivery has taken place or – pursuant to paragraph 3 – is deemed to have taken place, the risk in respect of what has been delivered passes to the consumer.
If the consumer does not collect the vessel or the other goods (on time) after delivery, they will be stored at the consumer’s expense and risk.

Article 8 – Replaced parts and trade-in

If certain parts have been replaced during a maintenance or repair job, the consumer can only get the replaced parts back if he explicitly asked for this when placing the order. This does not apply to parts that the business must keep because of guarantee claims. In that case, the consumer only gets the parts back after the guarantee claims have been settled. In all other cases, the replaced parts become the property of the business, without the consumer being entitled to any compensation for them.
When a vessel or other goods are purchased or newly built, the parties may agree that the consumer trades in a used vessel or other goods. In that case, the vessel or goods traded in only become the property of the business once the consumer has actually delivered them. If the consumer continues to use the vessel or goods to be traded in until the new vessel or the new goods have been delivered, he remains liable for damage to or loss of them. The cause of that damage or loss is irrelevant in this respect.

Article 9 – Conformity

The business warrants that the goods delivered conform to the agreement (conformity). It also warrants that the goods delivered have the properties required for normal use and – insofar as agreed – for special use. In this respect, all circumstances must be taken into account.
If the goods delivered do not conform to the purchase agreement, the consumer is entitled to repair or replacement free of charge, or to subsequent delivery of any missing goods. The condition is that the consumer has given the business written notice of default (has notified it of its failures to perform), giving it a reasonable period for repair. If repair, replacement or subsequent delivery is not possible, or if the business does not fulfil this obligation within a reasonable period, the consumer is entitled to a price reduction or to rescission of the agreement in accordance with Article 20 of these terms and conditions.
The business warrants that the work it carries out conforms to the agreement and is performed with good workmanship and sound materials.
Unless other arrangements have been made because of specific requirements, the following deviations are permitted in the performance of the agreement:
- ± 1% length over the stems;
- ± 1% beam overall;
- ± 1% depth;
- ± 5% draught;
- ± 2% headroom under the deck beams;
- ± 1% maximum height above the water surface;
- ± 10% weight;
- ± 5% engine power; and
- ± 10% speed (with standard equipment).
The business is not responsible for defects in the design of the vessel or of other goods if it did not supply this design itself. Nor is the business responsible for the usability and soundness of materials and equipment that the consumer has specified must be used or that the consumer has supplied himself. If the business knows or could know that the design or the materials have certain shortcomings, it must draw the consumer’s attention to this.
The business is not responsible for:
1. defects that, after completion, prove to have been caused by normal wear and tear, improper use or a lack of care;
2. defects resulting from changes that the consumer or third parties have made to what was delivered;
3. damage that has arisen as a result of the above defects.

Article 10 – Additional guarantee

In addition to the guarantee described in this article, the consumer’s statutory rights remain valid in full.
The consumer has no guarantee if he has expressly declared in writing that he waives the guarantee. In other cases, the guarantee period for the following is:
1. new vessels and other goods, including new parts and accessories: at least 12 months after sale;
2. used vessels with a purchase price of €4,500 or more: at least 6 months after sale. This guarantee applies only to used vessels and not to used parts and accessories;
3. repair and maintenance work undertaken or outsourced by the business, including the materials used for it: at least 3 months. This guarantee does not apply to emergency repairs.
4. The guarantee means that the agreement that was not performed, or not properly performed, will still be performed correctly and within a reasonable period at the yard or on the premises of the business. The guarantee period starts at the time the vessel or the goods (after the work) have been delivered or handed over to the consumer.
If a guarantee period of 6 months or less applies to a vessel and, within this period, the vessel is not used for a time because of winter storage, the guarantee period is extended by the period of winter storage.

Article 11 – Repair in the event of non-conformity and under the guarantee

Defects that were not detectable at the time of purchase or delivery and defects that have arisen through normal use during the guarantee period are repaired at the yard of the business.
To have this repair carried out, the consumer must approach the business.
The consumer may have the repair carried out by a third party at the expense of the business, if the repair is necessary and its costs are reasonable. To determine whether the costs are reasonable, the price level of the business is taken as the reference. The business decides, in consultation with the consumer, which company will be able to carry out the repair. Repair by a third party is possible only:
1. if the business is not able or willing to repair the defect at its own yard, or not in good time; or
2. if the necessary costs of transporting the vessel to the yard of the business are disproportionate to the costs of the repair at that yard; or
3. if, owing to the consumer’s circumstances, he cannot be expected to have the repair carried out at the yard of the business.
The consumer is not entitled to repair of defects:
1. if the consumer – after discovering the defects – did not report them to the business within a reasonable time, and preferably within two months;
2. if the business has not subsequently been given the opportunity to repair the defects;
3. if third parties have carried out work on the goods concerned without the prior knowledge or consent of the business. The latter applies only to guarantee work claimed by the consumer.

Article 12 – Payment

The consumer must pay the business for the goods or work delivered at the time of purchase or delivery. He may only do so at a different time if the parties have agreed this with each other. The consumer may pay in cash or transfer the amount due (electronically) in good time to a bank or giro account specified by the business. In the latter case, he must ensure that the amount has been credited by the time of purchase or delivery.
If the parties have agreed that the consumer may pay in instalments, the consumer must comply with the instalments and percentages set out in the agreement.
On purchase, the business may ask the consumer for an advance payment of no more than 50% of the price.

Article 13 – Late payment

If the consumer does not pay his bill on time, he is in default without the business having to give him notice of default. Nevertheless, after the payment date has passed, the business sends the consumer one further payment reminder free of charge. In it, the business points out to the consumer that he is in default and gives him a further opportunity to pay the bill within 14 days. In the payment reminder, the business also states the extrajudicial collection costs that the consumer will owe in the event of late payment.
If the 14-day period referred to in paragraph 1 has expired and the consumer has still not paid his bill, the business is entitled to demand payment of the amount due without having to give the consumer any further notice of default. It may reasonably charge the consumer the extrajudicial collection costs associated with this. These are subject to the maximum amounts set out in the Extrajudicial Collection Costs (Compensation) Decree (Besluit vergoeding buitengerechtelijke incassokosten). Subject to statutory changes, these maximum amounts have been set at:
- 15% of the first €2,500, with a minimum of €40;
- 10% of the next €2,500;
- 5% of the next €5,000;
- 1% of the next €190,000;
- 0.5% of the remainder, with a maximum of €6,775.

Article 14 – Security rights in the case of repair and maintenance

If the consumer does not pay on time for repair or maintenance work, the business may exercise the right of retention (retentierecht). This means that the business does not have to hand over to the consumer or a third party the goods on which it has carried out the work, including all the associated equipment, inventory and other accessories. It may withhold them until the consumer has paid the total amount due, including the costs arising from the right of retention. The business may not exercise the right of retention if the consumer’s failure to perform does not justify this measure.
The right of retention of the business lapses if the consumer has both referred the dispute to the Disputes Committee (Geschillencommissie) and deposited the amount due with this committee. As soon as the committee has confirmed this deposit to the business, the business must return the goods concerned and everything belonging to them. This refers to the Disputes Committee mentioned in Article 22 of these terms and conditions.
If the consumer has not paid the amount due after a formal demand, the business has the right to sell and deliver the vessel without having to go to court for this. However, all 3 of the following conditions must be met:
1. The value of the vessel, including all materials and accessories intended for it, may not exceed €10,000.
2. The business must have demanded payment of the amount due from the consumer by registered letter, after which at least 6 months must have passed during which the consumer has not paid and/or has not contested the claim in writing, stating reasons.
3. After the said period of 6 months has expired, the business must again have demanded, by bailiff’s writ (deurwaardersexploot), that the consumer pay the amount due within 21 days, after which the consumer has again not paid.
The right to sell the vessel lapses if the consumer has referred the dispute to the Disputes Committee and deposited the amount due with this committee. This refers to the Disputes Committee mentioned in Article 22 of these terms and conditions.
If the proceeds from the sale of the vessel exceed the amount the consumer owed the business, the business must, if possible, pay this difference to the consumer.
If the vessel has been sold and is still registered in the name of the consumer, the consumer is obliged to cooperate in ending this registration (teboekstelling).

Article 15 – Additional security rights in the case of contracts for work

A vessel under construction and all materials and accessories intended for it are the property of the consumer as soon as these goods arrive at the yard or come into the custody of the business at another location. The condition for this transfer of ownership is that the goods concerned have been validly transferred to the business by third parties.
Right of pledge (pandrecht)
1. By virtue of these general terms and conditions becoming applicable, the consumer has
  - undertaken to pledge the said goods and the insurance monies for compensation of any damage to them. This right of pledge serves as security for any unpaid part of the contract price, insofar as the consumer owes it, and for loss or damage suffered by the business in this connection.
  - pledged the said goods to the business at the moment they arrive at the yard or come into the custody of the business at another location.
2. The consumer warrants that he is entitled to pledge them and that the goods concerned are (and will be) free of rights and claims of parties other than the business.
3. The business may only proceed to enforcement against the pledged goods (uitwinning) if it has a due and payable claim against the consumer and the consumer is in default in fulfilling it. The business will not enforce against more of the pledged goods than is necessary to settle the consumer’s debt.
4. After the business has exercised its power of enforcement, it will notify the consumer of this in writing as soon as possible.
5. Where applicable, the consumer is obliged – if the vessel is registered in his name – to cooperate in ending this registration in his name.
If a supplier has stipulated a retention of title (eigendomsvoorbehoud) for one or more of the goods referred to in paragraph 1, the business must notify the consumer of this. A retention of title means that the business only acquires ownership of the goods concerned once a condition set by the supplier has been met. Ownership of the goods then validly passes to the consumer. As soon as this condition has been met, the business must notify the consumer of this.
If a retention of title applies to one or more goods and ownership of these goods has therefore not yet been validly transferred to the consumer, the consumer has the right to suspend his future payment obligations until ownership of the goods has been transferred.
As soon as the goods referred to in paragraph 1 are the property of the consumer, he has the right to have them recorded by, or on behalf of, the business and to certify them (or have them certified), in order to safeguard his claims to these goods and to identify his property. If the business confirms to the consumer that the said goods have arrived, this means that the business keeps these goods (separately, if desired) for the consumer.

Article 16 – Security rights in the case of sale of new and used goods

If the consumer buys goods and/or parts from the business, they conclude a purchase/sale agreement for this. The goods and/or parts concerned (including all materials and accessories intended for the goods) are deemed to have been delivered to the consumer at the moment the parties have reached agreement and the consumer has made a down payment.
Delivery takes place subject to retention of title. This means that the goods delivered remain the property of the business as long as the consumer has not fully met all his payment obligations under the purchase/sale agreement. These payment obligations also include the insurance costs referred to in paragraph 4.
From the moment of delivery, the consumer bears the risks associated with the goods sold.
The business is obliged to insure the goods (for the benefit of the consumer) against third-party liability, hull damage and theft from the moment of delivery until the moment the consumer has paid the full purchase price. The costs of this insurance are borne by the consumer.
As long as the consumer has not yet fully met his payment obligations, he may not use the goods delivered, except for the purpose of completing the purchase/sale agreement. Nor may he encumber the goods delivered (for example by taking out a mortgage on them), sell them or otherwise transfer them to another party (alienate them).
Before the said transfer of ownership, the business has access to the goods delivered at all times, wherever they are located.
As soon as the consumer fails to fulfil one or more of his obligations towards the business, all claims the business has against the consumer become immediately due and payable in full. The business is then also entitled to exercise the rights it has on the basis of the retention of title (see paragraph 2). This means, among other things, that it may take back the goods delivered as its own property. If the consumer has already paid part of the purchase price, the business is obliged to repay that part, less costs. To exercise these rights, the business does not need permission from the court, but it must comply with the provisions of Article 13 of these terms and conditions.

Article 17 – Insurance for new construction, conversion and fitting-out

The business must insure, in its own name, a vessel under construction and the materials, equipment and other accessories intended for the new construction or conversion against all risks covered by a Dutch exchange hull policy for construction (Nederlandse Beurs-cascopolis voor aanbouw), or an equivalent policy. The insurance must provide cover during the period in which the said goods are on or at the yard and during the inspection and the sea trial up to the moment of delivery.
The business assigns its right to payment of the insurance monies to the consumer insofar as this concerns the amount the consumer has paid as a down payment. The business notifies the insurer of this. In addition, the business must warn the consumer if the insurance contract is at risk of lapsing. The consumer has the right to suspend his payments as long as the business has not demonstrated that it has fulfilled the said obligations.
The insurance monies paid out in the event of damage will be used to repair that damage in the manner and at the cost agreed jointly by the parties.
The provision in paragraph 3 does not apply if the vessel is declared a ‘total loss’. In that case, the agreement may be rescinded, unless the business can still deliver in good time in accordance with the agreement.

Article 18 – Liability

The business is liable for damage suffered by the consumer if that damage is the result of a failure to perform that is attributable to the business or to persons working for it. Persons working for the business include both persons employed by the business and persons engaged by the business to carry out the work commissioned by the consumer.
The consumer is liable for damage suffered by the business if that damage is the result of a failure to perform that is attributable to the consumer or to those for whom he is responsible (de zijnen).

Article 19 – Force majeure

Force majeure means an event or situation that could not be foreseen and that results in the performance of the agreement being delayed or prevented. Force majeure exists only if:
1. the business could not avoid this event or situation; and
2. this event or situation is not for the account of the business by virtue of the law, the agreement or prevailing views in society.
Force majeure also includes a delay caused by materials not being delivered on time, unless that delay is due to circumstances that the business could or should have foreseen or prevented.
If the force majeure situation leads the business to suspend work, the consumer does not have to fulfil his obligations towards the business for that period either.
If the agreement concerns repair, construction, conversion, installation or fitting-out work and the agreement is rescinded because of force majeure, the business is entitled to reimbursement of the costs of the work already carried out. This applies only if the consumer has benefited from the work carried out and the costs were incurred before it could be expected that the force majeure situation would lead to rescission of the agreement.
The business cannot invoke force majeure if the force majeure situation arose after the business went into default.

Article 20 – Suspension and rescission of the agreement

If one of the parties does not fulfil its obligations under the agreement, the other party may suspend its own obligations. If one of the parties fulfils its obligations only partially or improperly, the other party may suspend its obligations only insofar as the first party’s failure to perform justifies this.
If one of the parties is in default, the other party may rescind the agreement. This does not apply if the first party’s failure to perform – given its special nature or minor significance – does not justify that rescission.
If the agreement to be rescinded concerns a vessel registered in the name of the consumer, the consumer is obliged to cooperate in ending this registration in his name.

Article 21 – Complaints

If the consumer has complaints about the performance of the agreement, he must report them to the business by letter or electronically. He must do so within a reasonable (appropriate) time, but preferably within two months after he discovered or could have discovered the defects. He must describe and explain the complaints sufficiently.
If the consumer has complaints about an invoice, he must report them to the business, preferably in writing. He must do so within a reasonable (appropriate) time after receiving the invoice concerned. He must describe and explain the complaints sufficiently in his letter.
If the consumer does not submit his complaint in time, this may result in him losing his rights in this respect. If the fact that he did not complain in time cannot reasonably be attributed to the consumer, he retains his rights.
Once it has become clear that the complaint cannot be resolved by mutual consultation, a dispute exists.

Article 22 – Dispute resolution

If the consumer and the business have a dispute, either of them may submit this dispute to the Disputes Committee for Recreation and Water Sports (Geschillencommissie Recreatie en Watersport), Bordewijklaan 46, Postbus 90600, 2509 LP Den Haag (www.sgc.nl). The following conditions apply:
1. The dispute concerns the formation or the performance of an agreement between the business and the consumer.
2. The agreement concerns services or goods that the business will supply or has supplied to the consumer.
3. These general terms and conditions apply to the agreement.
The Disputes Committee only deals with a dispute if:
1. the consumer first submitted his complaint to the business;
2. the business and the consumer have not reached a solution together;
3. the dispute was submitted to the Disputes Committee within 12 months after the consumer submitted his complaint to the business;
4. the dispute was submitted to the committee in the form of a letter or in another form determined by the committee.
In principle, the Disputes Committee only deals with disputes with a financial interest of no more than €14,000. If a dispute has a financial interest of more than €14,000, the committee can only deal with it if both parties expressly agree to this.
If a consumer submits a dispute to the Disputes Committee, the business is obliged to accept this. If the business wishes to submit a dispute to the Disputes Committee, it must ask the consumer to state within 5 weeks whether he agrees to this. In doing so, the business must announce that – if the consumer does not respond within those 5 weeks – it may start proceedings in the district court (rechtbank).
In dealing with the dispute and issuing its decision, the Disputes Committee follows the rules that apply to the committee. On request, these rules are sent to the consumer and/or the business. The decisions of the Disputes Committee take the form of binding advice (bindend advies). A fee is payable for the handling of a dispute.
Only the courts and the said Disputes Committee are competent to hear disputes between the business and the consumer.

Article 23 – Performance guarantee

HISWA-RECRON guarantees that its members comply with the binding advice of the Disputes Committee. This does not apply if a member decides to submit the advice to the courts for review within 2 months of it being sent. If the advice is upheld after review by the courts and the judgment showing this has become final, the guarantee takes effect again.
HISWA-RECRON pays out a maximum of €10,000 to the consumer per binding advice. This also applies if, according to the binding advice, the consumer is owed more than €10,000 by the business. In that case, the consumer receives €10,000 from HISWA-RECRON and HISWA-RECRON has a best-efforts obligation (inspanningsverplichting) to ensure that the business pays the remainder.
To claim under this guarantee, the consumer must apply to HISWA-RECRON in writing. He must also assign the claim he has against the business to HISWA-RECRON. If the claim exceeds €10,000, the consumer in principle only needs to assign the part of the claim that falls below €10,000. However, if the consumer so wishes, he may also assign the part of the claim that exceeds €10,000. HISWA-RECRON will then claim payment of this from the business in its own name and at its own expense. If HISWA-RECRON succeeds in this, it will pay the amount to the consumer.
HISWA-RECRON does not provide a performance guarantee if – before the Disputes Committee has issued its decision – one of the following situations applies:
1. The business has been granted a suspension of payments (surséance van betaling)
2. The business has been declared bankrupt.
3. The business has in fact ceased its operations.

For this situation, the decisive date is the date on which the cessation of operations was entered in the Trade Register (Handelsregister), or an earlier date at which HISWA-RECRON can make a plausible case that the operations had in fact ceased.

Article 24 – Choice of law

All disputes relating to this agreement are governed by Dutch law, unless other national law applies on the basis of mandatory rules.

Article 25 – Deviation from the terms and conditions

Additions to or deviations from these terms and conditions are only possible if they are not to the detriment of the consumer and if they are recorded in writing or electronically in such a way that the consumer can easily store them.

Article 26 – Amendments

If HISWA-RECRON amends these general terms and conditions, they will be submitted to an organisation representing consumer interests.

These general terms and conditions can be consulted electronically at www.hiswa.nl/over-hiswa/hiswa-algemene-voorwaarden.