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The claims on warranty are also covered by German law. The § 434 and §435 of the<br />
Bürgerliches Gesetzbuch (BGG) determine, for example, what a deficiency is (factual or<br />
legal deficiency). A defect exists i.e. when the good does not have the agreed quality, is<br />
not suitable for ordinary use, or too little is delivered.<br />
In case of a defect, there are a number of rights of the buyers, but also for the seller.<br />
First, there is a so-called priority of subsequent performance (§ 439 BGB). The contractor<br />
should be given the opportunity for repair or replace the good. If he refuses this, or if the<br />
subsequent performance fails several times, the buyer may reduce the purchase price<br />
(BGB § 441), cancel the contract (§ 437 BGB No.2) or claim compensation (§ 437 BGB<br />
No.3).<br />
The German Federal Court has found that, unless the seller/dealer and customer have<br />
agreed otherwise, the seller has to repair deficiencies of the boat where the boat actually<br />
is. In the case of the Federal Court decision of 2006 (case no X ZR 97/06), a customer<br />
had bought a boat with defects. The seller insisted that the boat was brought to him, but<br />
the court decided that the seller has to repair it at the berth (Stiftungwarentest,<br />
08/2008).<br />
Product liability is included in the Federal German Product Liability Law<br />
(Produkthaftungsgesetz of 1998) and includes damage to life, health, property and other<br />
legal interests that are caused by the failure of the good. These claims are directed to the<br />
manufacturer or producer.<br />
We have not been able to find information on the main consumer complaints and<br />
guarantee demands in Germany.<br />
10.4 Import regulations<br />
When importing a boat, the boat can be subject to demands on CE marking. These<br />
demands also concern <strong>boats</strong> that are being used for other purposes. The person using a<br />
boat for the first time or brings it to the German market, is responsible for the boat filling<br />
all requirements, e.g. when<br />
• the boat is being imported from a third country, from a non EU member state<br />
• a boat has been excepted because it has been classified as racing boat, a boat for<br />
experimental use or it has been in commercial use<br />
• The boat has been built for one’s own use and is being sold within 5 years from<br />
the first day of use.<br />
The responsibility to be taken for the imported boat fulfilling its requirements is the same<br />
as the responsibility the producer of a new boat has to take. Boats that once have been<br />
CE marked do not have to be re-certified just because they are reimported.<br />
<strong>Leisure</strong> <strong>boats</strong> cannot get through customs if they lack CE marking or required<br />
documentation. The importer has to be able to show that the requirements for CE<br />
marking are fulfilled before customs procedures can be finished.<br />
10.5 License production<br />
We have not been able to identify any barriers for license production in Germany.<br />
10.6 Registration and signature number<br />
There is no federal unified registry for leisure <strong>boats</strong> in Germany, and boat can be<br />
registered with a local authority, ADAC (a German automobile association), boat<br />
association or sport unions. Boats over 15 m must be registered in the official shipping-<br />
INBDP 2010 <strong>Leisure</strong> <strong>boats</strong> Germany 40
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