ENGLISH 28-04-2020 29/97 DUFOUR 530
XVI. GUARANTEE, TRANSFER OF OWNERSHIP
A) CONTRACTUAL 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 - Guarantees
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:
The Purchaser benefits from a contractual
guarantee running for two years from the date of
acceptance of the vessel, as noted on the
acceptance report.
This 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.
For components and accessories visibly bearing
the mark of another supplier, the guarantee is
limited to the guarantee offered by that supplier.
It is stipulated that any handling, transport,
parking, or convoying costs incurred in carrying out
these operations remain the sole liability of the
buyer/user, unless DUFOUR yacht-builders offer
to waive them in full or in part.
The 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 the gelcoat;
- damage 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 the maker;
o failure to observe the maintenance
recommendations set out in the Owner's
Manual supplied with the boat;
o improper use, in particular through negligence,
carelessness, abuse, or abnormal usage;
o participating in competitions;
o failure to take necessary protective measures;
o unsuitable storage or transport conditions.
In 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) Second-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
above, the Seller remains liable for discrepancies in
the goods and for latent defects under the conditions
provided for under Articles 1641 to 1649 of the French
Civil Code and the provisions of the Order dated
17/02/2005, where applicable.
B) COMMON GUARANTEE CONDITIONS
Any claim under these guarantee conditions must be
made formally to DUFOUR in writing as soon as the
defect is discovered, and within eight (8) days for
claims under the contractual guarantee. Any claim will
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