Terms and Conditions

General Terms and Conditions of Sale and Delivery

of EUROPE MARINE Großhandelsgesellschaft mbH & Co. KG, Hechtenkaute 1, 55257 Budenheim (near Mainz).

The following terms and conditions form an integral part of all our contractual relationships, deliveries, and other services. In dealings with companies, legal entities under public law, or special funds under public law, they also apply to all future commissioned services. Any terms and conditions of our contractual and business partners that deviate from our General Terms and Conditions of Sale and Delivery (GTC) are hereby expressly rejected; such terms shall not be recognized even if we do not expressly object to them again upon receipt.

A. Conclusion of Contract

1. Our offers and cost estimates are subject to change without notice; in particular, information contained in brochures, advertisements, etc. is non-binding unless expressly agreed otherwise.
2. The buyer is bound by the order for a maximum of four weeks; for boats available at the seller’s premises, for a maximum of 10 days. The purchase contract is concluded when the seller confirms acceptance of the order for the specifically designated purchase item in writing within the respective period or carries out the delivery. However, the seller is obliged to inform the buyer immediately if the order is not accepted.
3. Only the seller’s written confirmation shall be authoritative for the seller’s obligations. This applies in particular to any warranted characteristics of the purchased item.
4. For distance selling transactions, we refer to the 14-day right of withdrawal.
5. Exclusion of the right of withdrawal: The right of withdrawal is excluded for orders of boats manufactured according to the customer’s individual specifications (§ 312g para. 2 no. 1 German Civil Code – BGB).

B. Prices

1. Prices confirmed in writing are generally binding. If more than four months elapse between conclusion of the contract and the scheduled delivery date and, during this period, statutory customs duties, statutory value-added tax, material and labor costs, or—in the case of imported goods—the official exchange rate change, the gross price shall change accordingly. This also applies in the case of an agreed fixed or lump-sum price, provided such price adjustment has been expressly agreed.
2. Prices include statutory value-added tax.

C. Payment

1. The purchase price and prices for ancillary services are due for payment in cash or by immediate transfer to a bank account designated by the seller, free of charges and without any deductions, upon handover of the purchased item and delivery of the invoice.
2. Upon receipt of the order confirmation, the buyer shall pay a deposit of 20% of the confirmed total gross price. Handover of the boat shall take place after receipt of the remaining purchase price by the seller.
3. Other payment methods (in particular acceptance of checks or bills of exchange) are only binding if the seller has given prior written consent. In such cases, checks or bills of exchange are accepted only on account of payment; all resulting charges shall be borne by the buyer.
4. If the seller claims compensation for delay damages in the form of default interest, statutory default interest shall apply. If the seller claims damages for non-performance, such damages shall amount to 20% of the total gross price. In both cases, the damage amount shall be higher or lower if the seller proves an unusually higher damage or the buyer proves a lower damage.
5. The buyer may only offset claims against the seller’s payment claims if the counterclaim is undisputed or has been legally established. The buyer may only assert a right of retention insofar as it is based on claims arising from the purchase contract.

D. Delivery

1. Delivery dates and delivery periods, whether binding or non-binding, must be stated in writing. Delivery periods begin upon conclusion of the contract. If binding force is not expressly agreed in writing, they shall be deemed non-binding in case of doubt.
2. The buyer may request delivery six weeks after exceeding a non-binding delivery date or non-binding delivery period. Upon receipt of such request, the seller shall be in default. If the buyer is entitled to compensation for delay damages, such compensation shall be limited to a maximum of 5% of the agreed purchase price in the event of the seller’s negligence. If the buyer wishes to withdraw from the contract and/or claim damages in lieu of performance, the buyer must set the seller a reasonable grace period for delivery after expiry of the six-week period pursuant to sentence 1. If the buyer is entitled to damages in lieu of performance, such claim shall be limited to a maximum of 25% of the agreed purchase price in cases of slight negligence. If the buyer is a legal entity under public law, a special fund under public law, or an entrepreneur acting in the course of commercial or self-employed professional activity, claims for damages in lieu of performance in cases of slight negligence are excluded. If delivery becomes impossible due to fortuitous circumstances while the seller is in default, the seller shall be liable subject to the aforementioned limitations of liability. The seller shall not be liable if the damage would have occurred even with timely delivery.
3. If a binding delivery date or binding delivery period is exceeded, the seller shall be in default upon expiry of such date or period. The buyer’s rights shall then be governed by Section D, Clause 2, sentences 3 to 6.
4. Force majeure or operational disruptions at the seller or its suppliers that temporarily prevent delivery through no fault of the seller shall extend the dates and periods specified in Clauses 1 to 3 by the duration of such disruptions. If such disruptions result in a delay of more than four months, the buyer may withdraw from the contract. Other rights of withdrawal remain unaffected.
5. Design or form changes, deviations in color shade, and changes to the scope of delivery by the manufacturer during the delivery period are reserved, provided such changes or deviations are reasonable for the buyer taking into account the seller’s interests. No rights may be derived solely from symbols or numbers used by the seller or manufacturer to designate the order or the purchased item.
6. Unless expressly agreed otherwise in writing, the customary place of performance is the seller’s registered office.

E. Acceptance

1. The buyer is obliged to accept the purchased item within 14 days after receipt of the notice of availability. In the event of non-acceptance, the seller may exercise its statutory rights. If the seller claims damages for non-performance, such damages shall amount to 20% of the total gross price. The damage amount shall be adjusted if the seller proves a higher damage or the buyer proves a lower damage.
2. Any further or additional services requested by the buyer shall be subject to a separate agreement, which shall not affect the seller’s obligations under this purchase contract. This applies in particular if the buyer wishes the boat to be transported to another location; such transport shall be arranged by the buyer at the buyer’s own cost and risk.
3. Acceptance shall be deemed to have occurred if the buyer waives the right of inspection or issues a shipping order.

F. Retention of Title

1. All deliveries by the seller are made subject to retention of title until full payment has been received from the buyer (goods subject to retention of title). This also applies to claims arising from the purchase contract that the seller subsequently acquires against the buyer in connection with the purchased item. The buyer may not dispose of the goods subject to retention of title.
2. In the event of access by third parties—particularly bailiffs—to the goods subject to retention of title, the buyer shall point out the seller’s ownership and notify the seller immediately.
3. In the event of a breach of contract by the buyer—particularly in the event of payment default—the seller is entitled at any time to repossess the goods subject to retention of title at the buyer’s expense. Neither repossession nor seizure of the goods by the seller constitutes withdrawal from the contract.
4. During the period of retention of title, the seller shall retain the right to possession of the boat documents and keys.

G. Defects

1. The seller warrants that, upon receipt, the goods substantially perform the functions described in the accompanying documentation. Minor deviations from the functions described do not constitute a warranty claim. Other documents and statements are irrelevant for determining the condition of the goods.
2. The following shall apply to the handling of defect remediation:
   a) Claims for defect remediation may be asserted by the buyer against the seller or against other service providers authorized by the manufacturer/importer to service the purchased item; in the latter case, the buyer shall inform the seller accordingly. In the event of verbal notification of claims, the buyer shall be provided with written confirmation of receipt. Reimbursement of transport costs is excluded in any case if the buyer is a legal entity under public law, a special fund under public law, or an entrepreneur. The seller may refuse subsequent performance and/or replacement delivery if this would involve disproportionate costs.
   b) If the purchased item becomes inoperable due to a material defect, the buyer shall contact the nearest service provider authorized and on duty for servicing the purchased item by the manufacturer/importer.
   c) Replaced parts shall become the property of the seller.
   d) For parts installed for defect remediation, the buyer may assert claims for material defects under the purchase contract until expiry of the limitation period for the purchased item.
   e) Multiple defect remediation attempts are permissible, or the seller shall deliver a replacement.
   f) A material defect shall not exist if the defect is due to:
   – natural wear and tear,
   – damage not caused by the seller, a legal representative, or a vicarious agent of the seller due to improper handling, including storage,
   – use contrary to normal use of the purchased item not approved by the seller in the individual case,
   – improper repair, maintenance, or care carried out by a service provider not authorized by the seller for servicing, recognizable to the buyer,
   – installation of parts not approved by the manufacturer,
   – modifications to the purchased item not approved by the manufacturer,
   – failure to follow regulations and operating instructions regarding handling, maintenance, and care of the purchased item, e.g., proper maintenance of a new engine during the first year.
   g) The operating instructions, general information, and safety instructions provided form part of the purchase contract.
3. If the buyer is a consumer, claims for material defects for new goods shall expire in accordance with statutory provisions after two years, and for used goods after one year from delivery of the purchased item. If the buyer is a legal entity under public law, a special fund under public law, or an entrepreneur, the seller shall provide warranty for defects at its discretion within one year by subsequent performance (repair or replacement). Further claims remain unaffected in the event of fraudulent concealment of defects or the assumption of a guarantee for quality.

H. Liability

1. If the seller is liable for damages caused by slight negligence in accordance with statutory provisions and these terms, the seller’s liability shall be limited. Liability shall exist only in the event of a breach of essential contractual obligations and shall be limited to the foreseeable damage at the time of contract conclusion. This limitation shall not apply to injury to life, body, or health. If the damage is covered by insurance taken out by the buyer for the relevant case (excluding fixed-sum insurance), the seller shall only be liable for any resulting disadvantages to the buyer, such as higher insurance premiums or interest losses until settlement by the insurer.
2. Regardless of fault, any liability of the seller for fraudulent concealment of a defect, assumption of a guarantee, assumption of a procurement risk, or under the Product Liability Act shall remain unaffected.
3. Liability for delivery delay is conclusively governed by Section D.
4. We shall only be liable for items located free of charge on our premises—particularly trailers, boats, and engines parked in our yard or winter storage (Kreuzerhof)—in cases of intent or gross negligence. We shall not be liable for theft, vandalism, fire, or loss of items entrusted to us. The same applies to test, trial, or training runs. We recommend taking out appropriate insurance for these risks. We guarantee careful and diligent handling of items properly handed over to us.
5. This limitation of liability also applies in favor of the seller’s legal representatives, vicarious agents, and employees in the event of direct claims by the buyer.

I. Declaration on the Use of General Personal Data

1. The buyer hereby consents to the use of their general personal data in compliance with the principles of data minimization and data avoidance.
   a) For quotation, order, service, invoicing, warranty processing, and customer records.
   b) For consultation and information regarding insurance and other financial services.
   c) For advertising purposes on the Europe Marine website, including image and video material.
   This consent may be revoked in whole or in part at any time with effect for the future.

J. Further Provisions

1. Assignment of the buyer’s rights and obligations arising from the purchase contract requires the seller’s written consent.
2. All amendments and verbal ancillary agreements require written confirmation by the seller.
3. If individual provisions of these General Terms and Conditions of Sale and Delivery should be invalid, the contract including the remaining provisions shall remain valid. The invalid provision shall be replaced by a valid provision that most closely reflects the economic intent of the parties at the time of contract conclusion. This also applies to contractual gaps.
4. The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). In particular, the Dock and Repair Conditions of the Association for Shipbuilding and Marine Technology e.V., 20099 Hamburg, shall apply, which are deemed accepted upon issuance of a work order, rental agreement, or order.
5. The exclusive place of jurisdiction for all present and future claims arising from the business relationship with merchants, including claims relating to bills of exchange and checks, shall be the seller’s registered office. The same place of jurisdiction shall apply if the buyer has no general place of jurisdiction in Germany, relocates their residence or habitual place of abode outside Germany after conclusion of the contract, or if their residence or habitual place of abode is unknown at the time legal action is initiated.
   Otherwise, the buyer’s place of residence shall be the place of jurisdiction for claims by the seller.

Version: 20/05/2025