TERMS AND CONDITIONS
PRICING, DEPOSITS, AND PAYMENTS
1. Unless otherwise specified, the sale price stated in the sales documents is established under the EXW (Ex-Works) terms (Incoterms 2020). This means that it does not include expenses related to packaging, loading, transportation, insurance, taxes, or duties.
2. Unless otherwise specified in the sales document, payment for work, materials, and/or services must be made upon receipt of the corresponding invoice.
3. To confirm an order with a value exceeding 250.00 euros, the customer must pay at least 50% of the estimated total, according to the conditions and deadlines specified in the sales document.
4. In the event that the customer cancels an order, KDK Advanced Boat Works S.L. will have a period of 14 calendar days to issue a refund in accordance with the following conditions:
4.1. Cancellation 30 days or more before the specified delivery date in the sales order: Refund of 75% of the deposit.
4.2. Cancellation between 15 and 29 days before the specified delivery date in the sales order: Refund of 50% of the deposit.
4.3. Cancellation less than 15 days before the specified delivery date in the sales order: No refund of the deposit will be made.
5. In case of cancellations after the deposit payment, the customer will be responsible for accessories and equipment purchased by KDK Advanced Boat Works S.L. from external suppliers. If the deposit does not cover these costs, KDK Advanced Boat Works S.L. will issue an additional invoice that the customer must pay within a maximum period of 7 calendar days.
6. In the event of a delay in the payment of any amount due under the terms established in these terms and conditions, the customer shall be subject to the payment of default interest in accordance with the provisions of the applicable legislation. According to Article 1.108 of the Spanish Civil Code, default interest will be calculated by adding 50% to the legal interest rate. For the year 2024, the legal interest rate in Spain is 4.0625%. Therefore, the applicable default interest rate will be 6.09375% (4.0625% + 50% of 4.0625%). The customer shall be responsible for all costs incurred in the recovery of overdue payments, including, but not limited to, legal fees and management expenses.
7. In accordance with current regulations, the maximum limit for cash payments is 1,000 euros.
8. Quotations are valid for 15 calendar days from their issuance, unless there is a typographical error or omission.
9. In the event that one or more of the products included in a pack are not available, KDK Advanced Boat Works S.L. will inform the customer and deduct from the total amount the attributable cost of this/these product(s) to the total cost of the pack, instead of the usual individual sale price of said product.
10. In the case of purchasing a boat, the indicated price does not include additional expenses such as sail number registration, change of ownership fees, registration, or similar. These expenses will be the sole responsibility of the buyer and must be paid separately.
PLACE OF DELIVERY AND LEAD TIMES
11. Unless otherwise indicated in the sales document, the place of delivery will be: Pasaje Villa Rosa, 15. 29004 Málaga. Spain.
12. Delivery times are estimated in good faith but are not guaranteed. KDK Advanced Boat Works S.L. shall not be liable for delays in delivery or the consequences that may result from them, unless they are attributable to deliberate acts, omissions, or negligence on the part of the company.
13. The estimated delivery time will be confirmed once the reservation is made.
14. KDK Advanced Boat Works S.L. employs all means at its disposal to comply with the scheduled delivery times, but cannot guarantee the availability of resources beyond the control of the company, such as the supply of raw materials and accessories, or the availability of official gauges.
15. The responsibility for organizing the transport of the products from the place of delivery (Art. 8) to the final destination lies with the customer. If the customer requests assistance in organizing transportation, KDK Advanced Boat Works S.L. may provide support, but will not assume the costs or responsibility for delays attributable to the contracted logistics company.
16. KDK Advanced Boat Works S.L. shall not be liable for delays caused by force majeure or other circumstances beyond its control, such as strikes, government provisions, pandemic states, even if these circumstances affect suppliers or collaborators of KDK Advanced Boat Works S.L. In such cases, the delivery period will be extended for the duration of the circumstances causing the delay, including a reasonable initial period, but never beyond 6 months. After this period, both parties may request the cancellation of the commercial transaction.
17. If the supply of materials, work, and/or services is delayed at the customer’s request or due to non-compliance with its payment obligation, KDK Advanced Boat Works S.L. may demand compensation for additional expenses incurred, especially storage costs. Unless otherwise stated in the sales document, KDK Advanced Boat Works S.L. may request that the customer pay storage costs according to the following rates:
17.1. Total value less than 1,000 euros: 50 euros/month + VAT.
17.2. Total value from 1,001 to 3,000 euros: 75 euros/month + VAT.
17.3. Total value greater than 3,000 euros: 100 euros/month + VAT.
This will apply from the eleventh day from the scheduled delivery date.
WARRANTIES AND REFUNDS
18. KDK Advanced Boat Works S.L. offers a 36-month warranty for its new products, covering exclusively manufacturing defects and/or defective materials (non-conformities).
19. Products sold as used or reconditioned include a 12-month warranty covering any new defects that may arise during this period. However, existing defects in the product at the time of sale will not be covered.
20. The warranty specifically excludes damages caused by improper use of the products including, but not limited to: deck/deck collar damage due to the use of an unsecured mast, mast step damaged by towing pulls, damage to the gunwale caused during transportation (non-padded trailer, straps with excessive tension), deck wear due to continuous rubbing of bailers, normal wear and tear of non-slip surface, normal oxidation of metals in a marine environment, damages caused by lack of maintenance, lack of care or normal wear and tear due to use, as well as damages caused to screws or threads during screwing/unscrewing of components by personnel not belonging to KDK Advanced Boat Works S.L.
21. Upon receiving our products, the customer must inspect the products (hull, equipment, and/or accessories) and notify KDK Advanced Boat Works S.L. of any anomalies, following these categories:
21.1. Category A Defects: Visible defects, such as missing components or damaged parts. The customer must report Category A Defects within a maximum period of 48 hours from the product delivery.
21.2. Category B Defects: Specific non-visible defects. The customer must report Category B Defects within a maximum period of 14 days from the product delivery.
22. Failure to meet the mentioned deadlines will give KDK Advanced Boat Works S.L. the right to reject claims for defects in Categories A and B.
23. Customized or one-off products are not eligible for return. These products are manufactured according to customer specifications and/or have been clearly tailored to the customer, making them unique and not suitable for resale. Therefore, returns or exchanges for these items will not be accepted, except in the case of manufacturing defects.
24. Upon receiving notification of a defect from the customer, KDK Advanced Boat Works S.L. will investigate the causes and nature of the defect. If the defect is covered by the warranty, it will be corrected using internal resources or subcontracting specialists, taking into account technical and logistical aspects (such as geographical location, availability, weather conditions, type of defects, among others).
25. Any repair or correction work carried out by the customer or third parties without prior approval from KDK Advanced Boat Works S.L., both in terms of tasks and cost, will invalidate the warranty offered by KDK Advanced Boat Works S.L. in relation to such defects.
26. Under no circumstances will KDK Advanced Boat Works S.L. be liable for consequential damages beyond the replacement of any defective material delivered by the company.
27. The clauses mentioned in the “WARRANTIES" section do not apply to used products/materials or products/materials with manufacturing defects. These products/materials are sold “as is". In any case, the customer will be informed of the existence of these products/materials among the products or services it intends to acquire, either verbally or in writing.
PRODUCTS MANUFACTURED BY OTHER MANUFACTURERS
28. Some of the products offered by KDK Advanced Boat Works S.L. may be manufactured by third-party manufacturers. In such cases, KDK Advanced Boat Works S.L. will act as an intermediary to provide information about the warranty and support offered by the original manufacturer.
29. KDK Advanced Boat Works S.L. does not assume direct responsibility for the warranty or technical support of these products manufactured by third parties. The warranty and support will be subject to the terms and conditions established by the original manufacturer.
30. We strongly recommend that customers review and understand the warranty terms and support policies provided by the original manufacturer before purchasing such products. Information about the manufacturer’s warranty and support will be available in the documentation accompanying the product or through the manufacturer’s website.
31. In case of any problem or claim related to a product manufactured by third parties, KDK Advanced Boat Works S.L. will make every effort to assist the customer in communicating with the original manufacturer and facilitate the warranty or support process, but KDK Advanced Boat Works S.L. will not be responsible for the final resolution of such problems or associated deadlines.
ACCEPTANCE OF TERMS AND CONDITIONS
32. By accepting this sales document, the customer automatically acknowledges and accepts the terms and conditions detailed in this agreement. It shall be considered that both parties, the customer and KDK Advanced Boat Works S.L., have reached a binding agreement as stipulated in these terms and conditions.
Updated: 01/05/2024