Owner`s manual

ENGLISH 14/05/2014 30/87 DUFOUR 560 Grand Large
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 nr. 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 7/1/1967
pertaining to vessels, and in the context of the Order
(2005-136) dated 17/2/2005 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 YACHTS 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;
- damaging resulting from:
o fortuitous events or cases of force
majeure;
o conversions and modifications, or
repairs, even partial, carried out other
than in work-shops 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