Dufour 412 - Guarantee, Transfer of Ownership

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XVIII. GUARANTEE,
TRANSFER OF OWNERSHIP
A) C
ONTRACTUAL GUARANTEES
Note: This guarantee does not apply to boats being used
for commercial purposes (it being specified that any
hiring or chartering activity falls into this category) nor to
sailing boats taking part in competitions, which may be
covered by special guarantees.
8 - G
uarantees
a) New boats and equipment:
8.
1.1 – For both Commercial Purchasers and private
consumers domiciled outside the territory of the
European Union, the Seller grants the statutory
warranties as defined in the context of the sale of
vessels by Articles 1641 and 1648 of the French Civil
Code and in the context of a marine construction
contract by Articles 7 and 8 of Law no. 67.5 dated 3rd
January 1967 pertaining to vessels.
8.1.2 – For Purchasers domiciled within the territory of
the European Union and taking out the contract as
private consumers, the Seller is required to furnish the
guarantees as defined in the context of a boat sales
contract by Articles 7 and 8 of the Act dated 07/01/1967
pertaining to vessels, and in the context of the Order
(2005-136) dated 17/02/2005 and incorporated into the
French Consumer Code. Independently of this
guarantee, the Seller remains liable for discrepancies
between the goods and the contract and for redhibitory
defects under the conditions provided for under Articles
1641 to 1649 of the French Civil Code (see. 8.1.1).
8.
2 – Visible defects: acceptance by the Purchaser
releases the Seller from their obligation in respect of
discrepancies and visible defects.
8.
3 - Contractual guarantee:
Except for guarantee or penalty clauses expressly
agreed at the time of accepting the order, the Seller’s
guarantee is granted under the following conditions:
 T
he Purchaser benefits from a contractual
guarantee running for two years from the date of
acceptance of the vessel, as noted on the
ac
ceptance report.
 T
his is limited to the replacement or free repair, at
the yacht-builder’s discretion, of any parts
acknowledged as being defective by the yacht-
builder’s technical services; this being without any
other compensation of any kind.
 F
or components and accessories visibly bearing th
e
m
ark of another supplier, the guarantee is limited t
o
t
he guarantee offered by that supplier.
 I
t is stipulated that any handling, transport, parking,
or convoying costs incurred in carrying out thes
e
operations remain the sole liability of the buyer/user,
unless DUFOUR YACHTS yacht-builders offer t
o
w
aive them in full or in part.
 T
he boat-builder’s warranty excludes:
- the cost of transporting the boat or any parts,
and any consequences thereof, together with
expenses and/or any damage arising out of the
inability to use the boat and/or the equipment;
- normal wear and tear;
- cracking, crazing, or discolouration of th
e
gel
coat;
- damaging resulting from:
o fortuitous events or cases of force
majeure;
o conversions and modifications, or
repairs, even partial, carried out other
than in workshops authorized by th
e
maker;
o failure to observe the maintenance
recommendations set out in the Owner's
Manual supplied with the boat;
o improper use, in particular throug
h
neg
ligence, carelessness, abuse, or
abnormal usage;
o participating in competitions;
o failure to take necessary protective
measures;
o unsuitable storage or transport
conditions.
I
n order to benefit from the yacht-builder’s contractual
guarantee, each time they make a claim under it, the
buyer/user will be required to submit the boat delivery
certificate and the guarantee document, duly completed,
and, on pain of rendering it void, must notify their
dealer/vendor of the fault or defect in writing, in detail
and with justifications, within 15 days of its being
discovered.
8.
4 – the guarantee covers usage at sea in wind and sea
conditions acceptable for safety and in accordance with
the vessel’s approval category. Under these conditions,
it cannot under any circumstances cover events arising
during or resulting from collisions, groundings, breaking
seas, tidal waves, cyclones, severe storms, and all other
exceptional events and/or events arising out of an error
of seamanship.
8.
5 – Loss of or damage to products occurring after
handover do not release the Purchaser from their
obligation to pay the price.
b
) S
econd-hand boats and equipment:
The order form specifies if the boat or equipment is
second-hand. The Purchaser benefits from a contractual
guarantee, covering hull and engine only, running for
one year from the date of acceptance of the vessel or
goods, as noted on the acceptance report.
c) In addition to the contractual guarantee detailed
abo
ve, the Seller remains liable for discrepancies in the
goods and for latent defects under the conditions
DUFOUR 412
YACHT EXPERTS ISO 9001 certificated
Document generated on 2020-09-08
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