ENGLISH 08-10-2010
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Tofinou 9.5
LATITUDE 46–- 17410 Saint Martin de Ré- Ile de Ré - (FRANCE)
Tel 33 (0)5.46.09.41.79 Fax 33 (0)5.46.09.01.60 – email: [email protected]
.
GUARANTEE
For the period stipulated by law, we guarantee against all latent defects which would render our
products unseaworthy. Any modification to the products, in particular the addition of parts other
than original parts, invalidates the guarantee.
This guarantee enables the purchaser to obtain repair or replacement of a part acknowledged as
defective, as long as the user has carried out the normal and appropriate maintenance required. Our
guarantee does not cover transport or handling costs, nor any other losses, in particular relating to
immobilization of the yacht.
Legal Guarantee
The boatbuilder must make the legal guarantee defined in Articles 7 & 8 of Law no. 6765 of
3/01/67 covering boats, expressed thus:
Article 7: The boatbuilder is responsible for latent defects in the boat, even if the customer has
accepted it without reservation.
Article 8: Action under guarantee against the boatbuilder is limited to a period of one year. For
latent defects, this period only commences once the defect is discovered.
Contractual guarantee
Without prejudice to the legal guarantees, the owner, whether this is the company
Or benefits on a personal basis from a one-year guarantee, with effect from the date
of final acceptance of the boat, against, among others, any defect in construction or materials.
The guarantee covers the whole of the boat, the materials and equipment fitted aboard the boat by
the boatbuilder, its suppliers and subcontractors, which have been invoiced by the boatbuilder.
The guarantee covers parts and labor
It is limited to the repair or replacement of parts or equipment acknowledged as being defective for
use, without the builder's having to bear the expenses or consequences of such defect.
The guarantee is withdrawn and the builder released from its liability if:
The equipment has been converted, modified or repaired other than by the boatbuilder, without the
builder’s prior consent.
A-
The use is not in accordance with the technical specifications,
B-
The damage is the result of a sea risk, negligence, poor maintenance.
The purchaser can only benefit from the guarantee if he notifies the builder by Registered Mail with
Advice of Delivery, within a month from discovery of the defect.
Disputes
Before taking any legal action, the builder and the purchaser undertake to seek an amicable
solution through the mediation of a person chosen by mutual agreement between the two parties.
This person must give their opinion within one month
Assignment of jurisdiction
Any litigation arising in the matter of the interpretation or application of this contract will come
exclusively under the competence of the courts of the headquarters of the builder, under French
law, even in the event of guarantee or multiple counsels.
