General Terms & Conditions

1. Introduction

1.1. These General Terms and Conditions (hereinafter referred to as "Terms and Conditions") govern the sale of boats by Bernico, the brand owned by Lebacol Composite Solutions BV (hereinafter referred to as “Bernico” or "Seller") to the customer (hereinafter referred to as "Buyer")

1.2. The boat delivered by Bernico to the customer is custom-made specifically for the buyer. It is understood and agreed that this boat has been manufactured and designed to meet the unique requirements and preferences of the customer.

2. Orders and Contract Formation

2.1. All orders are subject to acceptance by Bernico.

2.2. The Buyer's order constituted an offer to purchase the boat under these Terms and Conditions.

2.3. The contract between the Buyer and Bernico was formed when Bernico accepted the Buyer's order and confirmed it in writing.

3. Boat Specifications and Modifications

3.1. The specifications, features, and descriptions of the boat are subject to change without notice.

3.2. Bernico reserves the right to make modifications or improvements to the boat, provided that such modifications do not materially affect the boat's performance or quality.

4. Price and Payment

4.1. The price of the boat shall be as specified by Bernico in writing or as agreed upon between the Buyer and Bernico.

4.2. Unless otherwise stated, all prices are exclusive of applicable taxes, fees, and shipping charges.

4.3. Payment terms shall be agreed upon between the Buyer and Bernico. The payment shall be made in full prior to the boat's delivery.

5. Delivery and Title

5.1. Bernico will make reasonable efforts to deliver the boat within the agreed timeframe, but the delivery dates are estimates and not guaranteed.

5.2. Title to the boat shall pass to the Buyer upon the full payment of the purchase price.

5.3. The risk of loss or damage to the boat shall pass to the Buyer upon delivery.

6. Warranty and Disclaimer

6.1. Bernico warrants that the boat, at the time of delivery, shall be free from defects in materials and workmanship.

6.2. Upon delivery of the boat, the customer acknowledges that they have had sufficient time to inspect and review the boat's condition and specifications before accepting it. By accepting delivery, the customer agrees that they have thoroughly examined the Boat and are satisfied with its condition, features, and overall quality.

6.3. Bernico provides a limited warranty for the Boat delivered, which covers manufacturing defects and workmanship errors. The warranty period for the purchased boat shall commence on the date on which the full payment of the purchase price is received by Bernico. This date shall be considered the "Warranty Start Date" and extends for a period of ("Warranty Period") :

6.3.1. Hull Warranty: Bernico warrants the hull and deck of the Boat including floor, stringers, bulkheads, motor mounts, transom and deck/hull joints against manufacturing defects and workmanship errors for a period of five (5) years from the date of delivery ("Warranty on Hull and Deck").

6.3.2. Gelcoat Finish Warranty: Bernico warrants the gelcoat finish of the Boat against manufacturing defects and workmanship errors for a period of three (3) years from the date of delivery (“Warranty on Gel Coat Finish). Because local area operating conditions and customer care have an effect on gelcoat finishes, the gelcoat warranty does not cover damage or deterioration (for example: fading, oxidation, discoloration) due to in-water storage or improper care of the gelcoat surface, deterioration to the gelcoat finish of any Boat with colored gelcoat below the static waterline or blisters due to in-water storage without the proper application of a marine barrier coating to the bottom of the hull.

6.3.2 Bow to Stern and Engine Warranty: Bernico warrants the upholstery, canvas, components, electrical parts of the Boat against manufacturing defects and workmanship errors for a period of one (1) year from the date of delivery ("Bow to Stern, Electrical Parts and Engines Warranty Period"). The warranty applicable to the Engines is directly linked to and limited by the warranty provided by the respective engine manufacturer

This warranty is expressly limited to the repair or replacement of parts and components manufactured by Bernico, and is the sole remedy under this warranty. This warranty is expressly confined to the repair or replacement of parts and components that are the direct output of Bernico's internal manufacturing and assembling operations. It does not extend to any parts, components, or materials produced, supplied, or assembled by external subcontractors or third-party entities.

This warranty is exclusively for the benefit of the original purchaser of the boat and is not assignable or transferable. Any benefits under this warranty shall only be applicable if the boat is used for its intended purpose and operated under normal conditions.

The warranty does not cover normal wear and tear, damage resulting from misuse, neglect, accidents, or unauthorized repairs or modifications.

6.4. To make a warranty claim, the boat owner must notify Bernico in writing, providing the boat's identification number, date of purchase, and a detailed description of the alleged defect. Bernico reserves the right to inspect the boat to validate the warranty claim.

In the event of a valid warranty claim, Bernico will, at its discretion, repair or replace the defective part or component. The customer shall bear any associated transportation costs, unless otherwise agreed upon in writing. Bernico's liability under this warranty is strictly limited to the repair or replacement of defective hull, electrical parts, or engines, as specified in Section 3 above.

In no event shall Bernico be liable for any indirect, consequential, incidental, or punitive damages arising from the use or inability to use the Boat, even if Bernico has been advised of the possibility of such damages.

6.5. Bernico does not provide any warranty for damage caused to the boat or its components resulting from driving or operating the boat in severe weather conditions, including but not limited to hurricanes, storms, heavy rain, hail, extreme temperatures, or other similar weather events. The Buyer acknowledges that driving the boat in such conditions is at their own risk, and any damage resulting from such actions shall not be covered under Bernico's warranty. It is the Buyer's responsibility to exercise caution and take appropriate measures to protect the boat during severe weather conditions.

6.6. Except for the expressed warranties stated herein, Bernico disclaims all other warranties, whether expressed or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.

7. Limitation of Liability

7.1. In no event shall Bernico be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with the sale, use, or performance of the boat, even if Bernico has been advised of the possibility of such damages.

7.2. Bernico's total liability under any claim or cause of action arising from the sale of the boat shall not exceed the purchase price paid by the Buyer for the boat.

7.3 The Buyer acknowledges that Bernico has made all reasonable efforts to ensure that the Boat complies with applicable laws, regulations, and safety standards. However, it remains the customer's responsibility to ensure that the boat meets all necessary legal requirements and obtains any required certifications or registrations for its operation and use.

8. Entire Agreement

8.1. These Terms and Conditions constitute the entire agreement between the Buyer and Bernico regarding the sale of the boat and supersede all prior negotiations, agreements, or understandings, whether oral or written.

9. Severability

9.1. If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

10. Governing Law and Jurisdiction

10.1. These Terms and Conditions shall be governed by and construed in accordance with the laws of Belgium.

10.2. Any dispute arising out of or in connection with the sale of the boat shall be subject to the exclusive jurisdiction of the Belgian courts.

This clause specifies that the Belgian courts have exclusive jurisdiction, meaning that any legal disputes related to the sale of the boat would need to be resolved in the court of Antwerp, Belgium.

By placing an order or making a purchase from Bernico, the Buyer acknowledges that they have read, understood, and agreed to these Terms and Conditions.

This contract is hereby executed by both parties, representing their agreement to the terms and conditions outlined herein. The customer and Bernico, collectively referred to as the "Parties," acknowledge that they have read, understood, and agreed to all provisions contained within this contract.

Both parties, the customer and Bernico, acknowledge that they have received a copy of the terms and conditions outlined in this contract. The customer confirms that they have had an opportunity to review and understand the provisions contained within this agreement before entering into it. Bernico affirms that the terms and conditions have been made readily available to the customer for their examination.