YACHT BUILD AGREEMENT

i) in satisfaction of the balance due to the builder under this contract; and

ii) in making over the balance, if any, to the buyer. article xii – guarantee

1) the builder guarantees the yacht and all parts and equipment thereof manufactured or furnished or supplied by the builder or the builder‘s supplier or subcontractor under this contract (including installation by the builder of items of buyer’s supply) against all defects which are due to faulty workmanship, for a period of twelve months from the date of delivery of the yacht to the buyer (‘the guarantee period’)。 such guarantee will not subsist, to the extent the defect directly results from a procedure specified or approved by the buyer and not faulty workmanship. the guarantee provided in this paragraph (‘the builder’s guarantee‘) is subject to the provisions of this article.

2) the buyer or its representative shall notify the builder in writing, within 30 days after discovery of any defect for which a claim is made under the builder‘s guarantee. the buyer’s written notice shall so far as possible include full details as to the nature of the defect and the extent of the damage caused thereby.

3) the builder shall have no obligation under the builder‘s guarantee for any defects discovered prior to the date of expiry of the guarantee period unless the builder receives notice of such defects not later than thirty days after such date of expiry. the builder has no obligation in respect of defects discovered after the date of expiry of the guarantee period.

4) the builder‘s guarantee shall be limited to remedying at its expense (including any attributable dry-docking charges) any defect against which the yacht or any part or equipment thereof is guaranteed hereunder by making all necessary repairs and replacements in the boatyard provided that if the yacht cannot conveniently be brought to the boatyard the builder shall pay to the buyer as full and final compensation the equivalent in united states dollars of the amount that the builder would charge the buyer on an arm’s length basis (including any attributable dry-docking charges) if the defects had been made good at the boatyard, or the actual cost of repair, whichever is the lower. 

article xiii – patents, trade marks, copyrights

all documentation and drawings provided by the buyer for the builder shall remain the copyright of the buyer. however for his own use in respect of and for the duration of this contract only, the builder has the permission of the buyer to copy relevant documentation and drawings.