General Terms of Sale

These general terms of sale govern repair, maintenance, haul-out, launch and storage work carried out by Roses Shipyard S.L.U. They are systematically handed to every client when they leave their boat at our facilities.

Article 1 — Terms of sale

• Quotes are based on the boat's actual overall length.
• Clients may not clean the hull themselves, or with their own equipment. If barnacles need to be removed by hand, the hours involved are invoiced separately.
• Any boat present at our facilities incurs storage fees, even while under repair on behalf of Roses Shipyard.
• Boats must be in good condition and must not pose a risk during lifting, lowering or shoring operations, nor a risk of short-circuit or fluid spillage, and must carry valid insurance and documentation. Roses Shipyard may turn away a boat it considers not to meet these requirements, even where a booking exists.
• The company reserves the right to change the date or time of a booking without notice, and this shall not give rise to any form of compensation.
• While in storage, only the owner or companies accepted by Roses Shipyard, subject to the relevant documentation being presented, may work on a boat.
• If a boat remains in storage for more than 12 consecutive months, a 50% surcharge applies from month 13 onward.
• Boats with a trailer are counted as 1 metre longer than their actual length.
• Roses Shipyard is not responsible for items or outboard motors found inside or outside boats.
• The company may change these prices and terms without notice.
• The company is not responsible for wear to engines and boats caused by the passage of time or weather conditions.
• On arrival, the client must provide the boat's compulsory insurance and technical file or seaworthiness certificate, for registration with Roses Shipyard.
• Access to the yard is prohibited to any vehicle not belonging to the company, except for loading and unloading with prior authorisation from the office; once finished, the vehicle must leave the premises and be parked in the outside car park, and the gate key returned to the office.

Article 2 — Quotes and work orders

Acceptance of work is subject to Roses Shipyard issuing a work order stating in particular the price, payment terms, and payment of a 40% deposit due as soon as the order is placed. To be final, this work order must be dated and signed by both parties, and the deposit received.

Article 3 — Price

The prices used as the basis for our invoicing are net, unit prices, excluding tax. They are increased by applicable taxes and duties and may be revised without notice.

Article 4 — Additional services

For work covered by an accepted quote, if additional repairs or supplies prove necessary during the job, we undertake not to carry them out without prior agreement with the client.

Article 5 — Timelines

Delivery timelines for services are given for information only. Any delay does not entitle the client to cancel the work order, refuse it, or claim damages.

Article 6 — Problem resolution

Repair, towing, haul-out or launch work remains the sole responsibility of Roses Shipyard and excludes any involvement on the part of the client.

Article 6 — Complaints

Any complaint regarding the conformity of services provided must be sent by registered letter to our registered office within a maximum of seven (7) calendar days from receipt of the service.

Article 7 — Warranty and liability

Our services, as well as parts supplied, are covered by the statutory warranty from the date the service is delivered. The warranty may only be enforced provided the client has complied with our payment terms and has notified Roses Shipyard, by registered letter with acknowledgment of receipt, of the defect found, as soon as possible.

The warranty covers exclusively:

• Replacement of parts recognised as defective following examination by Roses Shipyard's quality control department.
• Labour costs required to repair the equipment.

Unless expressly stated otherwise, the warranty does not cover, in particular:

• The cost of shipping and returning defective equipment.
• Haul-out and launch costs.
• Repairs required due to accidents arising from failure to comply with conditions of use, lack of maintenance, use precautions, or impacts.
• Repairs to equipment that has undergone modifications, even minor ones, made by the user.
• Repairs required due to accidents resulting from the use of accessories not approved by Roses Shipyard.

If the client requests an on-site intervention at the location where the boat is moored, travel costs will be invoiced by Roses Shipyard under its standard after-sales service terms in effect at the time of the intervention.

The yard is only liable for devices and accessories fixed to the boat, and for inventories specifically entrusted to it when the boat is received for work.

Article 8 — Payment terms

Roses Shipyard's services are paid by bank transfer upon delivery of the boat, less the 40% deposit already paid.

In the case of a repair following an incident covered by an insurance company, the client is solely responsible for payment for the work; Roses Shipyard has no legal relationship with the insurance company other than providing it with support. Roses Shipyard's representatives and employees are not authorised to receive payments from clients in their own name.

Article 10 — Collection

Unless otherwise specifically agreed between the client and Roses Shipyard, payment of the invoice constitutes notice that the finished boat is ready for collection; the invoice will be delivered by hand or by email. If the boat is not collected, and unless otherwise agreed, storage will be invoiced to the client under the terms governing the yard's standard storage agreements.

Article 11 — Provision of these terms

These general terms are systematically sent or handed to each client when they leave their boat with us. Unless specific written terms are accepted by Roses Shipyard, the mooring of boats is subject to these general terms.

Article 12 — Liability for goods

Where Roses Shipyard is liable for damage caused to goods during handling (hauling, floating, moving the boat), the client remains the sole custodian of goods belonging to them, and their insurance remains solely responsible in the event of theft or damage, which the client undertakes to report to their insurer. The client accordingly waives any recourse against Roses Shipyard or its insurer in the event of an incident occurring after the boat has been unloaded or refloated.

Article 13 — Preparing the boat before disembarking

Before disembarking, the client must dismantle and stow sails, raise depth sounders, sensors and transducers, fold down antennas — in particular auxiliary engines mounted on the transom — and, more generally, protect or remove any accessories that could be damaged during handling or storage. The client must inform Roses Shipyard of the location of certain fittings, such as a depth sounder, mounted below the waterline. Roses Shipyard disclaims all liability for the possible disappearance of removable equipment likely to attract theft.