Author: Informatyk A. Przybysz

In our previous article we introduced you to the topic of aftersales support. Today, we want to explore what aftersales means from the industry’s perspective – namely brokers, shipyards, and dealers. 

Warranties and statutory liability 

Under Polish law, the distinctions between a manufacturer’s warranty and statutory liability are fundamental to protecting yacht buyers. In some cases, these obligations are mandatory in Polish contracts, while in others they may be excluded. 

The provisions of the sale agreement (PSA – Purchase and Sale Agreement or MOA – Memorandum of Agreement) are crucial. They define the scope of responsibility, deadlines, and conditions for claims. A lack of clear terms may hinder the buyer’s ability to enforce their rights effectively. On the one hand, it may create uncertainty over whether the seller is in an unfavourable position. This highlights the need to structure aftersales as part of the service supply chain, with a focus on the unpredictability of events and the goal of securing the client’s return. 

Servicing and parts availability 

Parts shortages are common, especially for custom-built or imported yachts, where global factors can disrupt supply chains. We all remember the 2021 Suez Canal blockage caused by the Ever Given and its consequences. 

Delays in servicing can lead to additional costs and safety risks for both parties. For sellers, these include the costs of maintaining service operations, potential liability for damage on the buyer’s side, and uncertainty in equipment pricing. 

It’s also worth remembering the crucial value of service records and yacht history. These allow for tracking of past repairs and can significantly affect the yacht’s resale value. 

Training and documentation 

Providing user manuals and crew training is essential. A lack of knowledge can lead to breakdown or accidents. Training is part of the aftersales service package and can include both remote and on-site support. 

Well-trained buyers or their crews can prevent many unwanted incidents. Fewer complaints mean fewer obligations for the seller – and a better overall impression of the yacht in the buyer’s memory.  

Building client relationships 

Aftersales is a tool for retention and reputation management, enabling customer loyalty through ongoing support. This translates into referrals and repeat business. In capital-intensive sectors like yachting, this element can be decisive. 

For example. ISO standards such as ISO/IEC Guide 76 emphasize the importance of communication and accessibility in aftersales services, helping to build trust and reduce complaints. 

Risk and liability management 

Failure to respond to client claims can lead to legal action, financial penalties, and reputational damage. Sellers should therefore implement rapid response procedures, including performance metrics such as average response times or order fulfilment rates. 

However, risk management starts at the contract stage. Vague warranty clauses can lead to disputes over responsibility for hidden defects, resulting in legal costs and reputational harm. 

New technological challenges 

Yachts – particularly luxury ones – are increasingly equipped with advanced propulsion systems. Servicing hybrid drives and autonomous systems requires specialized expertise, posing a growing challenge for seller. 

At this year’s Cannes Yachting Festival, many companies, including Sunreef Yachts, highlighted the growing importance of aftersales support in light of increasingly complex components and their importance to customers. 

Conclusion 

Aftersales in the yachting industry is a shared responsibility between both parties. For the buyer, it ensures trouble-free use of the yacht; for the industry, meeting customer expectations guarantees safety, satisfaction, and long-term market growth. Without it, transactions become riskier, and the industry’s reputation suffers.

Imagine the scene: a wealthy entrepreneur, let’s call him John, has just spent millions on a luxury yacht, dreaming of carefree cruises across the Mediterranean. On the first trip, suddenly, a malfunction in the navigation system occurs. 

Instead of panicking, John makes a quick phone call to the dealer, and within hours, a service team is onboard. They not only fix the issue but also train the crew on how to avoid similar situations in the future. John not only continues his holiday but also becomes a loyal brand ambassador, recommending it to his friends 

This is just one example of how aftersales services can turn a potential disaster into a triumph of loyalty. 

What is aftersales 

Aftersales service in the context of yachts is not just about repairs and spare parts; it’s an entire support ecosystem after the transaction: from servicing, to training, to legal and technical advice. 

Aftersales, or processes that support products after they have been sold, are often triggered by unpredictable events, like malfunctions. This makes them even more complex. In the maritime industry, where yachts are investments worth millions, aftersales must account for extreme operating conditions, international regulations, and the individual needs of the owners. 

Why it is important 

Aftersales is not a “necessary evil” – driven by law or customer complaints – but an authentic market need that can become a powerful tool for standing out from the competition. In the nautical sector, where customers expect not only a product, but also solid aftersales support, it builds trust and loyalty. 

Aftersales and brand reputation 

Aftersales services can generate significant portions of revenue, becoming a key differentiator when products become similar. 

Everyone in the industry knows the Sunreef brand. The company reports that repeat customers make up a significant portion of orders, and their loyalty is largely due to aftersales: fast repairs in ports worldwide, crew training, and personalized upgrades. 

Conclusion 

In an era when the yacht market is growing – as seen at the 2025 Cannes Yachting Festival, which showcased over 700 units, including hybrid giants – aftersales is becoming a strategic asset. The development of service centers and hybrid technologies highlights that companies investing in aftersales support won’t just survive; they will dominate the market, building relationships for years to come. 

This story continues in our next article, where we look at aftersales through the eyes of the industry itself – brokers, shipyards, and dealers.

Aftersales in the yachting industry – between client expectations and industry obligations – part II 

Shipwrecks have long fascinated maritime enthusiasts and divers alike. For some, they are a valuable cultural heritage, while for others, they are attractive tourist destinations or potential sources of financial gain. 

However, behind every wreck lies a complex legal question: who holds rights to the wreck, what obligations arise from discovering it, and what risks may be associated with its exploration? 

What does the law say 

Regulations regarding shipwrecks can be found in several legal acts, both at the international and domestic levels. Key regulations include: 

• UNESCO Convention on the Protection of the Underwater Cultural Heritage (2001)

This convention establishes rules for the protection of shipwrecks that are at least 100 years old. The main goal is to prevent looting of wrecks and protect their historical value. Poland ratified this convention, meaning it applies to wrecks found in Polish territorial waters. 

• United Nations Convention on the Law of the Sea (UNCLOS) 

UNCLOS governs the rights to shipwrecks in the high seas and in exclusive economic zones. In the case of wrecks of significant historical or cultural value, a state may claim rights to protect or conserve these objects. 

• Polish national regulations 

Shipwrecks found in Polish waters are also subject to the Act on the Protection and the Care of Monuments and Maritime Law. A wreck recognized as a monument cannot be removed without the approval of the relevant heritage protection authorities. 

Who has the right to the wreck 

The right to a wreck depends on several factors: 

• the age of the wreck and its status as a monument – wrecks older than 100 years are often treated as cultural heritage and are protected, regardless of their owner; 

• the location of the wreck – if the wreck is located in territorial waters, it is subject to the laws of that state. In international waters, international regulations apply; 

• ownership rights – if the ship’s owner still exists (e.g., the shipowner or their heirs), they may claim rights to the wreck. 

What are the obligations arising from wreck exploration 

Individuals or companies involved in wreck exploration must remember several key obligations: 

• reporting the discovery – in Poland, the discovery of a shipwreck must be reported to the appropriate maritime office. Failing to report the discovery can lead to legal liability, including administrative penalties; 

• obtaining permits – exploring and recovering a wreck requires obtaining the necessary permits, particularly if the wreck is considered a monument. Failure to obtain permits can result in the confiscation of recovered items and financial penalties; 

• environmental protection – wreck exploration can involve the risk of water contamination (e.g., fuel leakage). Explorers are required to comply with environmental protection regulations. 

What are the legal and practical risks 

Wreck exploration carries risks such as: 

• ownership disputes – in the case of a dispute over the rights to the wreck, the matter may be taken to court or international arbitration; 

• accusations of looting – unlawful actions, such as removing objects from wrecks without permission, can lead to accusations of cultural heritage theft; 

• liability for environmental damage – pollution of the marine environment during exploration can result in hefty fines. 

Conclusion 

Shipwrecks are not only fascinating objects of research and tourism but also sources of complex legal challenges. Understanding and complying with relevant regulations helps avoid conflicts and legal risks. If you plan to explore wrecks or face legal challenges related to them, it is worth consulting a law firm specializing in maritime law. 

Offshore projects, due to their unique risks, require special protective mechanisms and clear settlement rules. Well-crafted provisions in these areas can make the difference between success and costly delays or legal issues. 

Therefore, in the second part of the article dedicated to construction contracts in offshore projects, we focus on the following aspects: 

• safeguarding the interests of the parties,
• the method of determining remuneration,
• procedural rules in the event of force majeure.

Safeguards, payment and force majeure 

When signing a contract for an offshore construction project, both the investor and the contractor must think about securing the completion of the work, setting precise payment conditions, and preparing for unforeseen situations. After all, every project at sea is not only a business venture but also an art of risk management. 

Securing the investor’s interests – the “anchor” of stability 

Complex and costly offshore projects require strong safeguards that protect the investor in the event of the contractor failing to fulfill their obligations. The contract may provide for various forms of security, with the most common being a bank guarantee. This mechanism acts like an “anchor” – allowing the investor to cover the costs of potential repairs or delays without the need to allocate additional funds. 

Payments – staged remuneration and transparency 

Payment is not just a reward for completed work, but also a way to continuously monitor the progress. Staged remuneration works particularly well in offshore projects, where each phase carries significant costs and risks. The contract should stipulate payments upon the completion of each stage, and they should be contingent upon the fulfilment of specific conditions, such as providing progress reports. 

Force majeure – winds, waves, and other surprises 

The situation at sea changes rapidly – the progress of work can be influenced, for example, by weather conditions or other unforeseen events. This is why it is important to include a force majeure clause in the contract. This safeguard allows for the suspension of work in exceptional circumstances, such as storms or environmental hazards. With such a clause, neither party will be burdened with additional costs for situations beyond their control. 

Conclusion 

A construction contract in the offshore industry is more than just a standard agreement. It is an action plan, a set of safeguards, and a compass that guides both parties through the complexities of maritime project execution. Careful attention to every element of the contract can determine whether the investment succeeds and help avoid unnecessary legal complications.