Maverick 400 Hull #008,
named TAKE TWO (formerly Andando)
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The full truth about the Maverick 400 Andando
This section explains in more detail the builders perspective to Maverick 400 named "Take Two" hull #008, the yacht formally called Andando, and the full truth relating to the facts and circumstances of this yacht.
It is best to first read this executive summary before going into these details.
Extenuating circumstances: Delivery Skipper
Deliver Skipper appointment
The owner gave Power of Attorney to his Deliver Skipper to sign to sign for transfer of the ownership of the yacht following its launch in Cape Town, South Africa.
Ignoring the STRONG advice of the builder NOT TO work with this delivery skipper, the owner appointed the Delivery Skipper to sail East over the Indian Ocean from Cape Town, SA to delivery the yacht to Auckland, NZ.
Instead, the Delivery Skipper, of his own accord, decided to sail the yacht West across the Atlantic Ocean where he deserted the yacht in Trinidad. The Deliver Skipper did not refund the owner for failing to deliver the yacht to NZ.
This had the following consequences;
- The yacht was now stuck on the other side of the planet even though the owner paid the Delivery Skipper in full upfront for the delivery to NZ, and the owner was not refunded by the Delivery Skipper
- The Delivery Skipper had caused extensive damage to the yacht during the Atlantic crossing.
Although the builder did sympathize with the owner's situation, this was not Maverick Yachts responsibility. The owner was responsible for the appointment of the Delivery Skipper and all other rights & rewards of ownership.
The builder, did, however, out of the kindness of his own heart do the following actions to help the owner;
- found another Maverick owner who was willing to complete the delivery to from Trinidad to New Zealand and
- pay for & repair most of the damages caused by the Delivery Skipper when the yacht arrives in New Zealand.
Therefore Maverick Yachts believes we went above & beyond the call of duty in helping the owner out relating to the problems that were caused by the Delivery Skipper (that the builder strongly advised the owner not to use).
Extenuating circumstances: NZ Certification
The owner wished to put his yacht into commercial charter in New Zealand and as such required the right certification for this under New Zealand Maritime Authorities Safe Ship Management.
The builder agreed to assist the owner to achieve this certification, although expressly said this was not guaranteed. The Agreement of Sale reflects this with clause XX stating that the builder would build the yacht to NZ requirements and clause XXX providing for a Limited Warranty to CE Certification.
Ultimately the owner to not receive the NZ Certification for Safe Ship Management because he did not pay for it.
In order to achieve the NZ certification, the owner was required to hire a New Zealand inspector to Survey the yacht at various stages of the boat build at the factory in Cape Town, South Africa. This is called a 'yacht build under survey' and ultimately the owner is responsible for these costs. This is normal business practices.
During the boat build, the owner, however, told the factory that he was experiencing severe financial difficulties and therefore delayed each & every stage payment for the yacht production. He also never paid for the New Zealand inspectors to complete the surveys during the boat build. Later we found out from friends and acquaintances of the owner that he was boosting to them that he had profited significantly from exchange rate gains from delaying stage payments during the boat build.
This had several consequences
- The delayed stage payments on the boat build lead to the builder experiencing large exchange rate losses as the New Zealand dollar gained strength on the South African Rand over the build period.
- The boat build took far longer to complete which lead to opportunity costs & further expenses for the builder as yacht absorbed overhead costs of the factory while the owner was delaying payments.
- Ultimately the owner did not pay for the NZ build survey's to be completed to during the boat build
What the builder did to help & assist the owner was
- obtain New Zealand Design approval for the boat build for the New Zealand Maritime authorities
- Build the yacht according to the approved designs of the NZ Maritime authorities
Once the yacht arrived in New Zealand it was impossible to obtain the New Zealand certification as
- the Maritime authorities were not allowed to perform post build surveys unless the entire interior of the yacht was completely stripped out and re-build in New Zealand.
- the NZ Marine laws had changed and the Designs they had approved were no longer valid.
This lead to the question, who is financially responsible for obtaining the NZ Certification?
As this was an extensive & complex item to resolve and there was a dispute about this, the builder recommended an Arbitration proceeding performed by an independent and qualified expert would a fast and expedient way to determine and a fair & balanced way to resolve the matter for both parties.
The owner of the yacht refused to co-operate in an Arbitration proceeding or pursue any other legal avenues that were open to him, even the Agreement of Sale calls for Arbitration in the event of a dispute.
The yacht Agreement of Sale was perfectly clear about this point and the builder had performed his obligations under the contract. He acknowledged that the owner had a dispute relating to this point.