Terms & conditions

In the absence of a fully executed written contract between Christie Yachts and a Client, the following terms and conditions (the ‘Conditions’) shall constitute the entire terms and conditions between Christie Yachts and the Client and shall supersede and override all discussions, warranties and representations whether express or implied, oral or written.

1. Definitions

‘Christie Yachts’ means Christie Yachts LLP and any associated, related and subsidiary companies (and including their respective employees, agents and sub-contractors).

‘Client’ means the person at whose request or on whose behalf Christie Yachts undertakes the Services.

‘Services’ means the services that Christie Yachts provides to the Client under Clause 2.

2. Services

2.1 These Conditions shall apply to the provision of the Services until such time as agreed otherwise between Christie Yachts and the Client in writing.  Christie Yachts will perform the services requested by the Client and as agreed by Christie Yachts, or as proposed by Christie Yachts and agreed by the Client (the ‘Services’).

2.2 Christie Yachts shall not be liable for the consequences of late, incomplete, inadequate, inaccurate or ambiguous information or instructions from the Client.

2.3 Unless Christie Yachts has otherwise agreed in writing, the Client shall pay for the Services in accordance with industry standard charges or fee (including commission) then applicable for the relevant Services.

2.4 Christie Yachts shall be entitled to assume that any person Christie Yachts deals with has power and authority to represent and/or bind his or her principal.

3. Liability

3.1 Without prejudice to Clause 3.2, Christie Yachts shall be under no liability whatsoever to the Client for any loss, damage, delay or expense of whatsoever nature, whether direct or indirect and howsoever arising unless same is proved to have resulted solely from the negligence, gross negligence or wilful default of Christie Yachts.

3.2 In the event that the Client proves that the loss, damage, delay or expense suffered by the Client was caused by the negligence, gross negligence or wilful default of Christie Yachts, then, save where loss, damage, delay or expense has resulted from a personal act or omission committed by Christie Yachts or any of its employees or agents or sub-contractor with the intent to cause same or recklessly and with knowledge that such loss, damage, delay or expense would probably result, the liability of Christie Yachts (unless otherwise agreed in writing) for each incident or series of incidents giving rise to a claim or claims shall never exceed £100,000 (one hundred thousand pounds).

3.3 The limitations in Clauses 3.1 and 3.2 above shall apply however the liability arises, including by breach of any term, condition or warranty expressed or implied by statute, common law or otherwise, arising in tort or arising by breach of statutory duty, provided that Clause 3.1 and this Clause 3.3 shall not exclude or limit liability for death or personal injury caused by the negligence of Christie Yachts or fraud or fraudulent misrepresentation.

3.4 Christie Yachts gives no warranty, guarantee or representation as to the accuracy or nature of any information provided to the Client, or as to the financial standing or creditworthiness of any person.

3.5 The Client warrants and represents to Christie Yachts that it does not and will not rely upon any information provided to the Client by Christie Yachts and as warranted, guaranteed or represented by Christie Yachts as being accurate or otherwise endorsed by Christie Yachts as to its content.  

3.6 The Client warrants and represents to Christie Yachts that it acknowledges that all information provided on any yachts by Christie Yachts is done so in good faith and is believed to be correct but cannot be guaranteed. Christie Yachts always recommends the Client engage an independent marine surveyor to verify the condition and specification of yachts.

3.7 The Client warrants and represents to Christie Yachts that it acknowledges that no yachts are offered for sale by Christie Yachts to US residents while in US waters unless US duty paid. 

3.8 The Client warrants and represents to Christie Yachts that it acknowledges that no yachts are offered for charter by Christie Yachts to US residents while in US waters unless legally registered to undertake commercial activity in US waters.

3.9 Without prejudice to Clauses 3.1 and 3.2 above, Christie Yachts shall not be liable for loss of or damage (or any consequences of such loss or damage) to physical equipment and property placed at its disposal by, or on behalf of, the Client however such loss or damage occurs, unless such loss or damage was caused by the act or omission of Christie Yachts committed with intent to cause same or recklessly with knowledge that such loss or damage would probably result.

4. Indemnity

Except to the extent and solely for the amount set out in Clause 3.2 that Christie Yachts would be liable under Clause 3, the Client hereby undertakes to keep Christie Yachts indemnified and to hold Christie Yachts harmless against all actions, proceedings, claims, demands or liabilities whatsoever or howsoever arising which may be brought against Christie Yachts or which Christie Yachts may suffer or incur, and against and in respect of all costs, loss, damages and expenses (including, but not limited to, legal costs and expenses on a full indemnity basis) which Christie Yachts may suffer or incur (either directly or indirectly) in relation to the provision of the Services.

5. Force majeure

Christie Yachts shall not be responsible nor have any liability for any loss, damage, delay or failure in performance of the Services arising or resulting from any act of God (including, but not limited to earthquake, flood, tsunami, volcano, hurricane, tropical storm, cyclone, blizzard or other similar event), act of war, terrorist attack, nuclear contamination, seizure under legal process, disease or virus or similar (whether epidemic, pandemic or otherwise) or quarantine restrictions, strikes, boycotts, lockouts, riots, civil commotions and arrest or restraint of princes, rulers or people, or from any other occurrence or matter outside the control of Christie Yachts.

6. Terms of business with third-party brokers and introductory agents

6.1 Christie Yachts’ standard terms for the sale and purchase of brokerage yachts is to split any brokerage fee 60/40 in the favour of the broker introducing the Buyer. This split is offered to bona fide yacht brokers who have a track record of regularly selling yachts over 24m (80’) in length. Other introductory agents will be subject to a different fee split to be be discussed and agreed on a case by case basis.

6.2 Christie Yachts’ standard terms of business for the introduction of charter clients to third-party managed yachts is to be paid a full, industry standard rate of commission on successful signature of any charter agreement.

6.3 Any deviation from the above terms must be agreed in writing by parties involved before any meaningful discussion or negotiation commences on each individual yacht.

7. Time bar

Any claims against Christie Yachts by the Client shall be deemed to be waived and absolutely time barred upon the expiry of 12 months from the occurrence or event alleged to give rise to such claims against Christie Yachts.

8. Jurisdiction and governing law

These Conditions and the Services (including any non-contractual obligations arising out of or in connection with the same) shall be governed by and construed in accordance with English law and the courts of England shall have exclusive jurisdiction over all disputes which may arise out of or in connection with them.