ENGLISH 28-04-2020 30/97 DUFOUR 530
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 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 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 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) TRANSFER OF GUARANTEES
The guarantees are afforded to the first purchaser of
the boat involved. They are only transferable with the
prior written agreement of DUFOUR.
An ownership transfer note is supplied with the
Product documents. This must be sent to DUFOUR
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 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) STATUTORY DECLARATIONS
Article L.211-4 of the Consumer Code:
“The seller is obliged to deliver goods that are
compliant with the contract and is liable for any defects
of compliance on delivery.
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.”
Article 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 possess the qualities the latter has presented
to the buyer 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 labelling;
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.”
Article 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.”
Article 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, paragraph 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.”
To Next Page
Loading...
