1. SPECIFICATION OF THE PURCHASE
The Seller agree to sell and the Purchaser agrees to buy the boat named [Insert model name] and any extras and equipment listed at SCHEDULE 1 “Accepted Offer” [together "the Boat"] in accordance with the terms of this Agreement.
PURCHASER’S RIGHT TO SURVEY AND SEA TRIAL THE BOAT (OPTIONAL)
Following completion of the Boat, the Purchaser shall have the right to survey and inspect the boat at Seller’s address, provided that the survey or inspection is completed within 14 days after completion.The Purchaser shall be solely responsible for the cost of any necessary transport, launching, slipping or craning ashore and any other costs incidental to the survey.
The Purchaser shall be entitled to perform a sea trial of the Boat during the same day.The duration of the sea trial shall be proportionate to the cost and complexity of the Boat and its systems but unless specifically agreed at the date of this Agreement shall not be shorter than 20 minutes nor longer than 2 hours.The Seller shall be obliged to insure the Boat for the duration of the sea trial and shall provide any necessary crew. Sea trail is performed at Seller’s cost.
MODIFICATIONS AND CHANGES TO THE BOAT
No modifications or changes to the Boat, Contract Price or estimated delivery date shall be binding on the Parties unless they have been set out in writing and signed by the Parties.
The Seller shall have the right to decline to make any modification or change to the Boat proposed by the Purchaser after the signing of this Agreement.
If the Seller agree to make modifications or changes to the Boat, which involve the provision of additional work, parts or services they will provide the Purchaser with an estimate of any increase in the Contract Price and the basis on which it is calculated.
CONTRACT PRICE, PAYMENT AND TITLE
The NET price of the Boat is EUR [Insert amount] "the Contract Price".The Purchaser agrees to pay the Contract Price to the Seller as follows:
A deposit of EUR [Insert amount 20%] “the Deposit” on signing this Agreement
The balance of EUR [Insert amount 80%] immediately after completion of the boat, prior to delivery of the Boat on the Delivery Date.
Time for payment of the Contract Price shall be of the essence in this Agreement.
Payment shall be deemed to have been made when the Seller receive cleared funds at their bank.
Title in the Boat will pass to the Purchaser upon full payment of the Contract Price to the Seller.The Seller will thereupon give the Purchaser all relevant documentation.
5.SELLERS RIGHTS IN EVENT OF LATE PAYMENT
If the Purchaser fails to pay the balance in accordance with Clause 4.1 without good reason, then the Sellers shall immediately be entitled to the deposit.
In case of late payment, Seller may charge the Purchaser interest on the amount outstanding at 4% over the Norwegian Interbank Offered Rate.
6.DELIVERY (PHYSICAL ATTENDEES IS OPTIONAL FOR PURCHASER)
If nothing else appointed, the boat will be delivered FCA [Free Carrier] Seller’s address. Boat will be shrink-wrapped in plastic suitable for closed lorry transport. Seller will issue DoC [Declaration of Conformity] and BC [Builders Certificate] and upload these together with final invoice to Purchasers MyGoldfish Account. Original documents must follow the transport. Transport to be arranged by Purchaser with the aid of Seller.
The Seller shall make the Boat ready for delivery at Seller’s address on suitable date for Purchaser short time after completion.
This date for delivery is given in good faith and the Seller shall use every reasonable endeavour to meet it but it is not guaranteed. In particular, the Seller shall not be responsible for a delay in delivery caused by the fitting of extras, making modifications to the Boat or by delays in road or sea delivery or for other causes reasonably beyond their control.
Prior to delivery, the Seller will discharge any stocking finance or similar borrowing secured on the Boat.
If the Purchaser fails to take delivery of the Boat without good reason then, in addition to any other rights which the Sellers may have, the Seller shall be entitled to require the Purchaser to pay the reasonable berthing and/or storage charges together with any other expenses reasonably incurred by the Seller, including maintenance and lifting of the Boat in or out of the water until actual delivery shall take place.
The Purchaser and the Seller expressly agree that the Sellers shall not be responsible for investigating or otherwise ensuring that the Purchaser is competent and experienced in the proper control and navigation of the Boat.An optional boat handling- and training program will be provided at Purchaser initiative. Price for training will depend on extent and attending people and will be offered on request.
See the full terms of warranty in the Goldfish Limited Warranty Coverage. To accept the terms and conditions and validate the Goldfish Warranty, the Purchaser must submit an online Warranty Registration via Purchaser’s MyGoldfish account.
The Seller shall keep the Boat insured for its market value from the date of this Agreement until the final invoice for the Boat is settled.
From the moment of the Purchaser’s final payment, the Boat and all its equipment shall be the responsibility and at the risk of the Purchaser who will be immediately responsible for insuring it.
In the event that the Boat sustains damage at any time before delivery any monies received in respect of the insurance shall be applied by the Seller in making good the damage in a reasonable and workmanlike manner and the delivery date shall be extended by such period as shall be reasonably necessary to effect the necessary repairs.The Purchaser shall not be entitled to reject the Boat on account of minor damage or to make any claim in respect of any resultant depreciation. For the purposes of this Clause “Minor damage” shall be damage which is not structural and which can be fully reinstated for a cost not exceeding 5% of the Contract Price.Where the damage is not “Minor Damage” within the meaning of this Clause the Purchaser shall be entitled to reject the Boat and to receive a full refund of the amount of the deposit and any other payments, which he has made towards the Boat.This Agreement will then terminate in all respects as if it had been duly completed and the Purchaser shall have no further right to claim against the Seller.
LAW, JURISDICTION and DISPUTE RESOLUTION
This Agreement shall be subject to and governed by Norwegian law.
Any dispute arising under this Agreement shall be submitted to the exclusive jurisdiction of the Courts of Norway.