GENERAL TERMS AND CONDITIONS OF SALE
1. Scope of Application
These General Terms and Conditions apply to the sale of new and used motor yachts. The buyer's terms and conditions are binding only if they are accepted in writing.
2. Purchase Agreement
A contract is established upon the seller's written confirmation. Modifications and additions also require written confirmation. The seller's offers are non-binding until accepted by the buyer and confirmed by the seller. Orders, adjustments, promises, and guarantees become binding only when explicitly confirmed in writing or through electronic media such as fax or email. Statements in brochures are binding only when designated as such and not merely descriptive. Even for binding performance descriptions, the seller does not guarantee that these will become an essential part of the contract.
3. Prices and Payments
The purchase price is due at the time of delivery. In case of late payment, the seller charges interest on arrears. If the buyer becomes insolvent, the seller may withdraw from the contract. If unforeseen changes in raw material, labor, energy, or other costs occur, making the contract fulfillment unreasonable for the seller, the seller is entitled to renegotiate prices or withdraw from the contract.
4. Delivery and Shipping
Delivery dates are non-binding unless agreed upon as fixed dates in writing. Delivery periods may extend in case of unforeseen events. The risk passes to the buyer once the item is made available at the delivery location. The seller must immediately inform the buyer of any incorrect or failed deliveries. Proprietary brochure statements and those from manufacturers are relevant only if they are binding performance descriptions and not merely descriptive. All performance descriptions mentioned in the contract are not guarantees for which the seller would be liable. The place of performance for the buyer's main obligation (payment) is the seller's business location. The delivery location for the seller's main obligation (motor yacht delivery) is the seller's business location or a mutually agreed location. Transportation from the delivery location to the buyer occurs upon the buyer's request within a separate transport order.
5. Inspection and Acceptance
The buyer has the right to inspect the item within five working days after receiving a notification of availability at the agreed acceptance location. The buyer is obligated to accept the item within this period. If the item is damaged during a test drive before its acceptance, the buyer is liable for the damage. An acceptance protocol will be provided to the buyer before delivery, which will be reviewed in detail at the time of acceptance. If the acceptance protocol confirms that the item was free of defects at the time of delivery, it is assumed that no hidden defects are present.
6. Retention of Title
The seller retains ownership of the item until full payment is made. The buyer must inform the seller of any third-party seizures or other interventions.
7. Warranty
Claims expire for new boats within two years and for used boats within one year in Germany and six months in Spain. Warranty claims can be made by the buyer only if all maintenance and inspection intervals prescribed by the manufacturer have been completed at an authorized and approved workshop. This also applies to products that are part of the overall product but not manufactured by the original manufacturer, especially if separate care, inspection, or maintenance intervals are required in written maintenance instructions attached to the item. If obvious defects not reported at the time of delivery are not reported within two weeks of receiving the item, the service is considered contractually compliant. The timeliness is determined by the receipt of the defect notification by the seller. In case of timely and justified complaints, the buyer is initially limited to the right to rectification. If rectification fails, the buyer can reduce the purchase price. The buyer must present the item to the seller at the delivery/handover location for rectification. If the buyer requests rectification at another location, they bear the additional costs. Further warranty claims, especially claims for damages, are excluded unless they are based on intent or gross negligence. This limitation does not apply in cases of culpable breach of essential contractual obligations, mandatory liability under the Product Liability Act, injury to life, body, or health of the buyer, or if the seller has fraudulently concealed defects or guaranteed the absence of defects.
Warranty Exclusions: Certain defects may be excluded from the warranty. This particularly applies to defects resulting from improper use or natural wear and tear.
8. Jurisdiction
For all disputes, if the buyer is a merchant, legal entity, an organ of a legal entity, a public law entity, or a special fund under public law, the exclusive jurisdiction is the Regional Court of Hamburg, unless a different jurisdiction has been contractually agreed upon.
9. Data Protection
Contract data is stored and treated confidentially. Address changes must be communicated to the seller.
10. Severability Clause
If any provision of these General Terms and Conditions is or becomes invalid, the validity of the remaining provisions remains unaffected.