29/82
pr
ovided for under Articles 1641 to 1649 of the French
Civil Code and the provisions of the Order dated
17/2/2005, where applicable.
B) CO
MMON GUARANTEE CONDITIONS
Any claim under these guarantee conditions must be
made formally to DUFOUR YACHTS in writing as soon as
the defect is discovered, and within eight (8) days for
claims under the contractual guarantee. Any claim will
also be required to quote the serial number of the boat
concerned, and where applicable the part number(s) of
the part(s) involved in the guarantee claim.
Furthermore, the request must indicate the exact
circumstances under which the problem occurred.
In order to investigate the request, DUFOUR YACHTS
may ask for any details and appoint, at its own expense,
a surveyor or technician of its choice to determine the
circumstances of the occurrence of the problem and
demand any necessary papers.
Immobilization following problems encountered and/or
replacement and/or repair work, whatever the duration,
does not create entitlement to compensation.
The owner shall under all circumstances remain liable
for parking fees, customs dues and other ancillary
expenses.
All repairs and/or replacements will be carried out by an
authorized DUFOUR YACHTS agent or by a professional
duly acting under the Boatbuilder’s instructions. If the
nature of the repairs requires the guarantee repair work
to be carried out in DUFOUR YACHTS workshops or in
any location other than the place where the Product is
located, the owner will be liable for the cost of both
outward and return transport to the Yacht builder.
In the event that the boat needs to be taken out of the
water, haul-out and re-launching costs will be at the
owner’s expense.
C)
T
RANSFER OF GUARANTEES
The guarantees are afforded to the first purchaser of the
boat involved. They are only transferable with DUFOUR
YACHTS’ prior written agreement.
An ownership transfer note is supplied with the Product
documents. This must be sent to DUFOUR YACHTS
within thirty (30) days of the transfer.
This note must bear the names, addresses and
telephone numbers of the old owner and the Purchaser,
the date of sale, and the Product’s hull number.
Upon reception, DUFOUR YACHTS will confirm the
guarantee expiry dates and specify whether the unit has
received the annual inspection that gives entitlement to
the continuation of the contractual guarantees.
D) S
TATUTORY DECLARATIONS
A
rticle L.211-4 of the Consumer Code:
“The seller is required to supply goods that conform to
the contract and to assume liability for discrepancies
existing at the moment of handover.
He shall likewise be liable for discrepancies arising out
of the packaging, assembly instructions, or installation
when he is liable for this under the contract or it has
been carried out under his responsibility.”
A
rticle L. 211-5 of the Consumer Code:
“In order to conform to the contract, the goods must:
1) Be suitable for the normal expected use for similar
types of goods and, where applicable:
- correspond to the description given by the seller and
pos
sess the qualities the latter has presented to t
he
buy
er in the form of a sample or model;
- present the qualities that a buyer may reasonably
expect with regard to public declarations made by the
seller, by the producer or by his representative,
particularly in advertising material or labeling;
2) Either present the characteristics defined by joint
agreement between the parties, or be suitable for any
special usage sought by the buyer that the seller has
been made aware of and has agreed to.”»
A
rticle L.211-12 of the Consumer Code:
“Actions arising out of a discrepancy lapse after two
years from the date the goods are handed over.”
A
rticle 1641 of the Civil Code:
“The seller is obliged to guarantee against latent defects
in the article sold which render it unfit for its intended
use, or which adversely affect this use to such an extent
that the buyer would not have purchased it, or would
have only paid a lower price, if he had known about
them.”
Article 1648, Para. 1 of the Civil Code:
“Actions arising out of redhibitory defects must be
brought by the purchaser within two years of discovery
of the defect.”
DUFOUR 412
YACHT EXPERTS ISO 9001 certificated
Document generated on 2020-09-08
~ YA
CHT
EXPERTS
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