Our Terms & Conditions

2.1 All prices are exclusive of VAT unless explicitly stated otherwise.

2.2 Unless otherwise agreed, payment must be made within 14 days from the invoice date. Time for payment is of the essence.

2.3 Payment shall be made to the bank account designated by TORC. All costs related to international payments are borne by the Customer.

2.4 TORC retains ownership of any Boat or goods delivered until full payment is received.

2.5 If the Customer fails to pay on time, TORC may charge interest at 4% above the European Central Bank base rate, in addition to statutory collection costs.

2.6 TORC may increase prices after confirmation of the Agreement in case of significant cost increases (e.g. raw materials, shipping), provided the Customer is informed in writing.

3.1 Delivery periods are indicative and non-binding unless expressly guaranteed in writing.

3.2 Risk passes to the Customer upon delivery, handover or collection of the Boat or goods.

3.3 Upon delivery, the Customer shall inspect the Boat or goods and notify TORC immediately of any visible defects. In absence of such notification within 3 working days, the delivery is deemed accepted.

3.4 TORC is not liable for any delay due to circumstances beyond its control, including but not limited to force majeure, transport failure, strikes, or weather conditions.

3.5 If the Customer delays acceptance or pickup, TORC may charge reasonable storage and handling fees.

3.6 If TORC arranges or facilitates transport of the Boat on behalf of the Customer, such transport is carried out at the Customer’s risk, unless otherwise agreed in writing. TORC is not liable for any damage, loss or delay during transport, unless caused by TORC’s proven gross negligence. The Customer is advised to arrange appropriate transport insurance.

3.7 If the Boat or any related equipment is stored on TORC premises before or after delivery or rental, such storage is at the Customer’s own risk. TORC accepts no liability for theft, damage, vandalism or environmental damage unless resulting from TORC’s gross negligence.

4.1 Rental duration, fees, deposit, and return deadlines are specified in the Rental Agreement.

4.2 The Customer shall:

Return the Boat in clean and original condition.

Be liable for all damages, loss or theft during the rental period.

Maintain valid insurance for the full value of the Boat and related liabilities.

4.3 TORC may deduct damages, cleaning costs or penalties from the deposit. If damage exceeds the deposit, the Customer remains liable for the remainder. In case of total loss, the Customer owes the current market value of the Boat.

4.4 Subletting or use by third parties without prior written consent of TORC is prohibited.

4.5 The Customer shall compensate TORC for any lost use or rental income resulting from late return or unusable condition of the Boat.

5.1 TORC warrants that the Boat and goods supplied are free from defects in material and workmanship for 12 months from delivery.

5.2 The warranty excludes defects caused by:

Improper or abnormal use;

Failure to follow maintenance or handling instructions;

Modification or repair by third parties without TORC’s written approval.

5.3 In case of a valid warranty claim, TORC may at its discretion repair, replace, or refund the affected product.

5.4 Warranty claims must be submitted in writing within 7 days of discovering the defect, supported by evidence.

5.5 For custom-made products, TORC cannot guarantee suitability for purposes not explicitly agreed in writing.

6.1 TORC’s liability is limited to direct damages caused by proven intent or gross negligence.

6.2 TORC is not liable for indirect, incidental, or consequential damages, including but not limited to loss of income, profit, data, or race results.

6.3 Nothing in these Terms excludes liability for death or personal injury caused by TORC’s negligence.

6.4 The Customer shall indemnify TORC for claims from third parties arising from use, storage or transport of the Boat, unless due to TORC’s proven fault.

6.5 The Customer is responsible for all information and specifications provided for production. TORC is not liable for errors caused by inaccurate or incomplete input.

6.6 TORC is not liable for injuries sustained by persons (including Customers, their guests or third parties) on TORC premises, unless such injury is the direct result of TORC’s proven gross negligence or willful misconduct.

6.7 TORC is not liable for missed races, events or deadlines due to delays in production, delivery, or repair, unless a fixed completion date was explicitly guaranteed in writing and the delay is solely attributable to TORC.

6.8 The functionality of equipment such as watermakers during races or expeditions depends on proper use, maintenance and external conditions. TORC provides no warranty that equipment will function continuously or fault-free under expedition conditions. TORC is not liable for indirect consequences resulting from failure of such systems.

7.1 The Customer shall:

Use the Boat solely in accordance with TORC’s instructions;

Not operate the Boat in unsafe or unlawful conditions;

Ensure that any crew or users are competent and adequately trained.

7.2 The Customer is responsible for compliance with maritime, customs, tax and import/export regulations.

7.3 All activities involving the Boat during races, ocean crossings or transport are at the Customer’s own risk.

7.4 Any changes in design, configuration or technical requests after contract signing must be submitted in writing and may affect delivery date and price.

8.1 Access to TORC facilities is only permitted with prior written approval.

8.2 The Customer shall comply with all applicable health, safety and environmental instructions.

8.3 TORC may immediately revoke access in case of non-compliance or unsafe behavior.

9. INSURANCE

9.1 The Customer must maintain adequate insurance during the rental or use period, including:

9.1 The Customer must maintain adequate insurance during the rental or use period, including:

Hull and machinery insurance;

Third-party liability;

Transit and race insurance, if applicable.

9.2 TORC reserves the right to request evidence of insurance at any time.

9.3 TORC maintains general business liability insurance for its own risks but is not responsible for Customer’s operational risks.

10.1 If the Customer is a Consumer, mandatory statutory rights under Dutch and EU consumer protection law apply.

10.2 Consumers may withdraw from Remote Agreements within 14 days of delivery or acceptance, subject to legal conditions (e.g., the product must be unused and returned in its original state). Instructions on exercising this right are provided separately.

10.3 The right of withdrawal does not apply to goods made to the Consumer’s specifications or clearly personalised (custom-made Boats or graphics).

11.1 TORC may terminate the Agreement with immediate effect if:

The Customer breaches essential obligations;

Payment is overdue beyond 30 days;

Bankruptcy, insolvency or legal restructuring is declared.

11.2 If the Customer cancels an order, TORC may charge cancellation fees based on costs incurred and loss of revenue.

11.3 Deposits and prepayments are non-refundable unless agreed otherwise in writing.

12.1 Title to all goods remains with TORC until full payment is received.

12.2 TORC has the right to retain possession of any Boat or goods until outstanding invoices and damages are settled.

12.3 This retention right applies regardless of where the Boat is physically located.

13.1 The Customer may not transfer or assign rights or obligations without TORC’s prior written consent.

13.2 These Terms do not confer rights to third parties under Article 6:253 BW.

14.1 These Terms and all related Agreements are governed by Dutch law.

14.2 Disputes shall be submitted to the competent court in Amsterdam, the Netherlands, unless mandatory consumer law provides otherwise.

15.1 If any clause is held to be invalid or unenforceable, this shall not affect the validity of the remaining clauses.

15.2 These Terms are available in English. In case of discrepancy, the Dutch version (if available) shall prevail for Dutch Customers.

15.3 TORC may process personal data of Customers in accordance with the General Data Protection Regulation (GDPR). For details, see the TORC privacy policy available on our website or upon request.

15.4 TORC may use photographic or video material featuring Customers or Boats during races, trainings, or deliveries for promotional purposes, unless the Customer explicitly objects in writing prior to publication.

15.5 Before initiating legal proceedings, Parties shall first attempt to resolve any dispute through good faith negotiations or mediation.

The Ocean Rowing Company B.V.
Verlengde Hoge Klei 52, 2242NS Wassenaar, The Netherlands
KvK: 89594770
VAT: NL865034291B01
Email: info@theoceanrowingcompany.com
Bank: Rabobank NL54 RABO 0339 7853 30 (BIC: RABONL2U)