Terms and conditions
Courtesy translation. The German version of this page is the legally binding one. Where the two texts differ, the German wording applies. You can switch to it with DE at the foot of the page.
Placeholder content. These terms are invented and have no legal effect. A real yard contract for a one-off build is negotiated individually and belongs in the hands of a lawyer specialising in construction and maritime law.
1. Scope
These terms apply to yard visits, design services and build contracts of ORKAN Yachtatelier GmbH & Co. KG towards businesses and consumers. Differing terms of the customer only take effect if we agree to them in writing.
2. Yard visit
A yard visit requested through the website is free of charge and without obligation. An enquiry creates no entitlement to a date. We allocate a limited number of dates per half year and decide on every enquiry individually.
We decide on acceptance or refusal within two working days. A refusal is given with reasons.
3. Offer and conclusion of contract
Representations on this website, in particular figures from the configurator, are drawn from earlier builds and do not constitute an offer. A contract only comes about through a works contract signed by both sides.
4. Build time
The build time stated in the contract begins with the laying of the keel and assumes that all fit-out decisions of the customer are made in good time. Delays arising from the customer's decisions extend the build time accordingly.
5. Payment schedule
Payment falls due in instalments according to build progress.
6. Changes during the build
Changes requested after conclusion of contract are possible up to the start of the trade concerned. They are costed separately and agreed in writing. We reserve the right to refuse changes that affect structural integrity, classification or certification.
7. Acceptance
Acceptance takes place after a successful sea trial. Minor defects do not entitle the customer to refuse acceptance, but are recorded and remedied within a reasonable period.
8. Warranty
- Hull and load-bearing structure: 60 months
- Technical systems: 24 months
- Interior fit-out and surfaces: 24 months
The periods begin on acceptance. Wearing parts and damage from improper operation are excluded.
9. Care after handover
Owners who have built with us have two yard berths available all year round. Use is subject to availability and carries no entitlement to a particular berth.
10. Liability
We are liable without limit in cases of intent and gross negligence, and for injury to life, body and health. Otherwise we are liable only for breach of material contractual obligations, and limited to the foreseeable damage typical of the contract.
11. Final provisions
German law applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction is Stade where the customer is a merchant. Should any provision be invalid, the validity of the remainder is unaffected.