Nothing but smoke
Actually, we thought the August 19th verdict was clear:
„The vessel shall be launched, ready to sail and ready for service by 18th September 2019 at the latest, including all agreed options and accessories, ready for the acceptance tests, on pain of a penalty of €500 per day/part of the day and an order to pay the costs of the proceedings.“
Apparently not for everyone involved.
Since 19th August 2019, Mr Cornelissen has tried everything possible to keep the boat out of the water.
Engines offered
What was offered. . . .
Due to the offer of 27th March 2018 we have ordered a double engine with 50 kW maximum each and a generator with flexible speed and a maximum capacity of 35 kW for our boat. Now Guido Beekmann had found out during his expertise on our ship that there was a double engine with 25 kW maximum capacity each, i.e. 50 kW total and a generator with a capacity of 25 kW ready for installation. Not what we ordered and not what we will accept.
Wrong Engines
2 x 25 = 50
We don’t know why Cornelissen doesn’t simply install the double engine and generator that he offered and that we ordered. The only thing we know is that the wrong engine and generator are ready and have been waiting months for installation. Fortunately he hasn’t installed the wrong equipment yet. But – why is Cornelissen fighting every step of the way against installing anything other than these unordered components? Does he really believe that the technology is his decision alone?
On 14th June 2019 Cornelissen still sounded like this: „And what is happening technically in the meantime is our decision, is our thing. Nothing has changed. Until today.»
Cornelissen’s arguments have been the same for weeks, even if they are presented alternately:
1. We would not have ordered any individual components, but simply a hybrid drive.
2. We wouldn’t have ordered anything.
3. The technology is a matter for the shipyard and is none of our business.
4. The boat can also be driven with the weaker components.
We find the whole discussion incomprehensible and absurd.
Imagine ordering glasses for presbyopia from an optician. The optician offers varifocals, that are invisibly seamless from far to near, at a certain price. The customer places the order. When the customer picks up the glasses, he notices that the optician has ground in bifocal lenses, i.e. those with a small reading window in the lower area. In response to the customer’s amazement, the optician says: „You didn’t order any lenses. You just wanted to be able to see near and far“.
The optician probably wouldn’t have any more customers.
Imaginative bills
The next delay in delivery is to be caused by invoices which we apparently would not have paid.
The contract stipulated when which instalments were to be paid. We have paid these instalments without exception within the payment periods. We have also already paid the invoice for the „hybrid drive“.
Cornellisen produces invoices on a weekly basis. He said on June 14, 2019, when Roland complained about an invoice that had not been contractually agreed on:
„Then I’ll do another paraphrase. Because this is a bill that is never mentioned in Contract. Then I make another paraphrase.“
Or in other words: If you do not accept this text, then I’ll just issue the same invoice with another text. Paper doesn't blush.
We have settled the „options“ we ordered. Undefined „temporary extras“ as listed above with „other description“, we are not ready to pay until they are detailed and justified.
Even years after the delivery of the Forty Roses, Cornelissen continues to argue with the Teeds in court over overtime and options, that are denied by them; the next time in court in December 2019. Here’s John’s last post in the DBA forum.
The paint
On 28th August 2019 a mail arrived, that the shipyard had done the first coating of the hull of our boat. The chosen paint (below epoxy matt, above gloss) was not „pretty“. Cornelissen advised us to paint the whole boat with a shine now that it was still possible to remove the first matt coat.
«ich wird ihnen stark avisieren diese Entscheidung nochmal zu Diskussion zu bringen, und das vorher es zu spät ist anders zu entscheiden.«
"I will strongly advise them to bring this decision again for discussion, and that before it is too late to decide otherwise."
Well, we had followed the shipyard’s recommendation at the time. And this was, for maintenance reasons, to paint the boat exactly as it was done now. The demo boats, which are regarded as models in the specifications, are sprayed like this. With the „Lina“, a Luxe Motor of a acquaintance, it looks nevertheless quite good.
Luxe Motor LINA
On September 3rd, 2019, after the obligatory mail with the reminder, the latest attempt to delay arrived.
We recall, the court determined that the boat should be delivered ready to launch on September 18, 2019.
Important information from the shipyard
Translated, it means about as much as:
Gentlemen and lady,
the yard has an important announcement:
according to the yard’s standard procedure, the ship will be presented for take-over in the hall: In two weeks, on Tuesday 17 September. If this date does not suit you, I would like to hear an alternative date, whereby Monday and Friday are NOT possible due to a change in rental of the log cabin boats!
On this day the ship will be completely finished and ready for delivery, except for the test runs. All selected options and additional works will then be available, they will be installed and connected. All goods that can be accepted in the hall are to be accepted in the hall. The shipyard recommends that the owners must also be present, as questions of interior finishing and interior work will also be part of the acceptance procedure. The shipyard will draw up an acceptance report with checklists, which must be reviewed.
After the acceptance in the shipyard hall you can make remarks about the execution and completion in writing.
After receiving your written statement, it will be discussed between the parties and, as agreed, a solution for the rectification of defects and/or comments must be agreed by you on the execution and completion.
Following the above discussion and the accepted solutions, all modifications and repairs to the vessel will be carried out in the hall.
Changes and repairs must be re-examined and accepted by the customer after execution.
Once the above procedure has been completed to the satisfaction of the yard and the customers have met their financial obligations, the vessel will be launched.
In the water only the technical test run concerning sailing behaviour, propulsion, manoeuvring, bow thruster, stern thruster as well as the calibration of the navigation equipment remains to be done.
Delivery and acceptance after successful trial operation.
Delivery of the new ship and the exchange ship.
Please take good note of the above.
Kees cornelissen
Euroship
Exactly for this procedure we had already travelled unsuccessfully to the Netherlands on 8th April 2019 at the behest of Cornelissen.
We are pretty sure to find the boat on September 17th pretty much in the same condition as on April 8th and will save ourselves the trip.
Assuming that the specifications have not changed for months, we think the interior is fine. Cornelissen also knows which engine and generator to install. We’d rather stick to the court’s decision: „Ready and launched on September 18th, 2019.“
