Terms & Conditions
Xscape Contract Terms & Conditions and Guarantee
1.This contract is between (1) You (Name and address overleaf) and (2) Xscape Mallorca S.L T/A Xscape Marine referred to in this contract as Xscape.
- You are agreeing to buy the boat and any additional accessories described on the order form referred to in this contract as the goods.
- Xscape will endeavour to supply the goods you have ordered by the estimated collection date. But does not guarantee the estimated collection date and shall not be liable for any damages or claims of any kind if for whatever reason the estimated collection date cannot be achieved (e.g. time off work/booking ferries, flights etc)
- A deposit of 30% of the Total on The Water Price is payable when the order is placed (all deposits are non-refundable).You will then be asked to make a further payment of 30% upon commencement of production, followed by a further 30% on completion of production and finally the balance of 10% when the boat arrives with us.
- For Xscape to register the boat to you and for legal title to pass to you, you have to pay the final Balance on registration at least 4 weeks prior to collection to allow time for the registration process to be completed.
- The goods shall remain the property of Xscape until the Total on The Water Price has been discharged in Full. A Cheque will not be treated as discharged until it has cleared.
- In the unlikely event that any remedial work to your boat is necessary it will be carried out under the terms of the Manufacturers guarantee (see below)
- If any of the scheduled payments of the delayed or withheld for more than 14 days Xscape reserve the right to cancel the contract, retain your deposit and monies received and dispose/sell the goods to another party. Xscape will not be responsible for the storage of any boat even if the Total on The Water Price has been paid, unless agreed otherwise
9.If for whatever reason you cancel the contract prior to collection of the goods then you agree to forfeit your monies paid (meaning that Xscape will keep the product and the goods will not be supplied) If for whatever reason Xscape cancel the contract whether the estimated collection date has arrived or not, your deposit and other monies received will be refunded and Xscape will be under no further liability.
- Xscape reserve the right to alter/adapt/improve the goods specification without prior notice.
- By entering this contract with Xscape on these terms you are entitled to the benefit of the Manufacturers guarantee. Further information on this can be found via our website or in the owners handbook
The Xscape Guarantee (New Boats Only)
This Guarantee relates to the Boat and is available to transfer to a new owner, however an admin fee of 1000 Euros is applied should you wish to transfer the manufacturers guarantee.
Xscape guarantees that it will operate within the guideline of the Manufacturers guarantee and replace or repair any part that proves defective due to faulty materials or workmanship within the term of the warranty. In order for the manufacturers guarantee to be applicable the maintenance of the boat should be totally up to date using a trained technician, with genuine parts fitted
The boat must be presented to Xscape at its premises and made available for sufficient time as is required to carry out the warranty work including if necessary, time for ordering replacement parts. Xscape does not authorise any other company or persons to carry out any alterations, repairs or warranty work without prior consent given in writing. Any unauthorised work will invalidate your guarantee and will not be subject to a reclaim from the manufacturer
Xscape will not be liable for any expenses incurred as a result of any warranty work being required (e.g. Fuel costs accommodation/time off work/booking of ferries, flights etc). It would be expected that any non- urgent warranty work would be carried out at the annual service.
Your statutory rights are not affected by anything in this contract which is the entire contract between you and Xscape. The contract terms set out the limit of your liability and the limit of Xscape’s liability.
By placing your order and deposit you agree to accept these terms & conditions.
Xscape will honour the above guarantee provided all relevant conditions are met.
Where the goods being supplied are used (previously owned or ex-demo) it is your responsibility to examine the goods and be aware of such defects that this examination out to reveal.
We will ensure that a full service has been carried out prior to collection and will demonstrate that all the relevant parts are working during handover.
No warranty is given on used boats unless agreed at the time of purchase, unless a balance of manufacturers guarantee was relevant.
Brokerage Boat Sales
On occasion Xscape will offer boats for sale on behalf of clients. We will endeavour to ensure that the boats are checked over prior to you making a purchase, to ensure everything is in good working order. Should you decide to procced with the purchase of a brokerage boat we would advise you in advance and the boat would not be subject to any form of warranty or guarantee with Xscape unless a balance of manufacturers guarantee was relevant.
Xscape Mallorca S.L T/A Xscape Marine 2023