TERMS AND CONDITIONS

ARTICLE 1 – APPLICABILITY

1.1 These Terms and Conditions govern all offers, agreements, and subsequent agreements between Americana Yachts B.V. (hereinafter referred to as “Americana Yachts”) and the “Other Party,” including but not limited to the sale, brokerage, or delivery of yachts and related services.
1.2 The applicability of any general terms and conditions of the Other Party or third parties is explicitly rejected and excluded, unless expressly agreed in writing by Americana Yachts.
1.3 These Terms and Conditions apply to all agreements regardless of delivery location or the nationality of the Other Party.
1.4 The Vienna Sales Convention (CISG) and any equivalent international conventions on the sale of goods are excluded unless explicitly agreed otherwise in writing.
1.5 If any provision of these Terms and Conditions is declared invalid or unenforceable, the remaining provisions shall remain valid and enforceable.
1.6 In the event of discrepancies between translations of these Terms and Conditions, the Dutch version will prevail.
1.7 The Other Party acknowledges and agrees that these Terms and Conditions apply to all subsequent agreements with Americana Yachts, unless expressly excluded in writing.

ARTICLE 2 – OFFERS AND AGREEMENTS

2.1 Offers, quotations, or price proposals made by Americana Yachts are non-binding unless explicitly stated otherwise in writing.
2.2 Americana Yachts reserves the right to withdraw or amend offers before acceptance by the Other Party.
2.3 Orders must be submitted in writing or electronically by the Other Party and shall only be deemed accepted once Americana Yachts provides written confirmation.
2.4 Americana Yachts is not liable for any inaccuracies in preliminary specifications, drawings, or promotional material. Any illustrations or technical specifications provided are indicative only and not binding unless expressly included in the agreement.
2.5 Americana Yachts reserves the right to make minor modifications to designs or specifications that improve functionality or comply with legal or technical requirements, without the obligation to notify the Other Party in advance.
2.6 Additional agreements or commitments by Americana Yachts’ representatives are only binding if confirmed in writing by an authorized officer of Americana Yachts.

ARTICLE 3 – PRICES AND TAXES

3.1 All prices provided are exclusive of Dutch VAT (BTW) and any applicable international taxes, import/export duties, levies, or surcharges unless expressly stated otherwise in writing.
3.2 Americana Yachts reserves the right to adjust prices in response to changes in labor costs, material prices, regulatory fees, or other factors outside its control.
3.3 If a price adjustment exceeds 20%, the Other Party has the right to terminate the agreement, provided such termination is communicated in writing within five (5) working days of notification of the adjustment.
3.4 For international deliveries, the Other Party is responsible for providing all documentation necessary for tax exemptions or reduced tax rates. Americana Yachts is indemnified against any claims arising from non-compliance with international tax regulations by the Other Party.

ARTICLE 4 – PRODUCTS AND INTERNATIONAL DELIVERY

4.1 Americana Yachts sells both new and pre-owned yachts, acting either as principal or intermediary for third-party owners.
4.2 Yachts sold by Americana Yachts comply with European standards applicable in the country of manufacture. Americana Yachts is not liable for discrepancies with local regulations in non-European jurisdictions unless expressly agreed in writing.
4.3 The Other Party assumes responsibility for ensuring that the yacht complies with the laws, regulations, and safety standards of its intended location or usage area. Any required modifications to meet such standards are at the sole expense of the Other Party.
4.4 Delivery is available worldwide. The risk of damage, loss, or non-compliance with local regulations during transit is borne by the Other Party once delivery is confirmed at the agreed location.

ARTICLE 5 – DELIVERY TERMS

5.1 Delivery of yachts occurs at the shipyard, Americana Yachts’ facilities, or any other agreed location in accordance with Incoterms 2020 unless otherwise specified in the agreement.
5.2 Americana Yachts will notify the Other Party in writing when the yacht is ready for delivery. The Other Party must inspect the yacht within eight (8) working days of this notification.
5.3 If the Other Party fails to inspect or accept delivery within the agreed timeframe, the yacht will be deemed accepted, and any subsequent claims regarding defects will be waived.
5.4 Any storage, maintenance, or additional handling costs incurred due to the Other Party’s delay in collecting the yacht will be borne by the Other Party.
5.5 In cases of part-exchange agreements, the title to the exchanged yacht transfers to Americana Yachts only upon full payment and collection of the purchased yacht by the Other Party.

ARTICLE 6 – PAYMENT TERMS

6.1 Payments must be made in accordance with the schedule outlined in the agreement, with the final installment due before delivery.
6.2 If the Other Party fails to adhere to payment schedules, Americana Yachts may suspend its obligations, including delivery or production, without liability.
6.3 Late payments are subject to an interest charge of 1,5% per month. Americana Yachts is also entitled to recover all reasonable costs of collection, including legal fees, with a minimum charge of €1,500.
6.4 Americana Yachts may demand proof of solvency or collateral before proceeding with an agreement.

ARTICLE 7 – RETENTION OF TITLE

7.1 Ownership of the yacht remains with Americana Yachts until full payment, including all costs, has been received.
7.2 Until title is transferred, the Other Party may not encumber, lease, sell, or otherwise dispose of the yacht.
7.3 If the Other Party defaults on any payment obligation, Americana Yachts may repossess the yacht, and the Other Party is liable for all associated costs.

ARTICLE 8 – FORCE MAJEURE

8.1 Americana Yachts is not liable for delays or non-performance caused by circumstances beyond its reasonable control, including but not limited to natural disasters, political unrest, labor strikes, transportation delays, or supplier defaults.
8.2 In cases of force majeure exceeding ninety (90) days, either party may terminate the agreement without liability, except for payment obligations for goods or services already delivered.

ARTICLE 9 – WARRANTY AND LIABILITY

9.1 New yachts are covered by the manufacturer’s warranty, subject to the terms and limitations set by the manufacturer. Americana Yachts assumes no liability for defects or non-compliance resulting from misuse or modifications by the Other Party.
9.2 Americana Yachts’ liability for damages is limited to direct damages and shall not exceed the lower of €50,000 or 5% of the contract value. Indirect or consequential damages, including loss of profit, are excluded.
9.3 The Other Party is responsible for ensuring proper maintenance, insurance, and compliance with operating instructions provided by the manufacturer.

ARTICLE 10 – DISPUTES AND GOVERNING LAW

10.1 These Terms and Conditions and all related agreements are governed exclusively by Dutch law.
10.2 Any disputes shall be resolved exclusively by the competent court in Amsterdam, the Netherlands.

ARTICLE 11 – AMENDMENTS

11.1 Americana Yachts reserves the right to amend these Terms and Conditions. Changes will take effect upon written notification to the Other Party unless stated otherwise.