Dufour Yachts Grand Large 445, Руководство пользователя

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ENGLISH 23.02.11 26/75 DUFOUR 445 Grand Large
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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 is required to furnish the statutory
guarantees 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 Act 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 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 yacht-builder's contractual guarantee 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 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 17/2/2005, where applicable.
B) COMMON GUARANTEE CONDITIONS
Any claim under these guarantee conditions must be made
formally to
DUFOUR YACHTS
in writing as soon as the