Riva Bella SA v Tamsen Yachts GmbH (The "Namaste") - QBD (Comm Ct)(Eder J) - 6 June 2011

(2011) 825 LMLN 1

Sale of ship - Newbuild yacht delivered to buyer with certain works still outstanding - Buyer signing Protocol of Delivery and Acceptance - Buyer alleging breach of speed warranty and alleged deficiencies at date of delivery - Whether claim precluded by buyer's acceptance of vessel - Whether seller otherwise in breach of contract

The claimant buyer, a Luxembourg company, agreed to purchase the super yacht M/Y Namasté from the defendant seller, a German company, pursuant to an agreement dated 14 May 2008. The seller had commissioned construction of the yacht by a Turkish shipyard and had envisaged that the yacht would be classed by the Registro Italiano Navale Classification Society (“RINA”). The yacht was to be flagged in the Isle of Man.