Springfield, MA asked in Contracts and Admiralty / Maritime for Massachusetts

Q: How do new tariffs on a Netherlands boat purchase contract affect my obligations?

I signed a contract on September 16, 2024, in the Netherlands for a boat purchase, with terms stating "net price imported and delivered to the USA northeast." The contract does not include clauses about changes in tariffs or duties. Recently, new tariffs have been imposed. The seller mentioned that I would have to pay these tariffs and suggested registering the boat in a British territory to avoid them, but this was not clarified. I have not communicated with the seller since April 6, 2025. How do these new tariffs affect my contract, and what are my obligations regarding these additional costs?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: This situation puts you in a tough spot, especially since the contract doesn't mention how tariff changes are to be handled. Because the agreement states “net price imported and delivered to the USA northeast,” that wording generally implies the seller is responsible for getting the boat to you at the agreed price, regardless of any changes in fees or tariffs. Unless there's fine print that shifts the risk of import costs to you, the seller may still be contractually obligated to deliver the boat without charging you more.

The seller’s suggestion to register the boat in a British territory to avoid tariffs could be an attempt to sidestep the new fees, but that wasn’t part of your original agreement. If the seller is now trying to change terms or add costs after the contract was signed, they may be in breach if they don’t honor the delivery as promised. You haven’t communicated with them since April 6, but it may be time to reach out and request written clarification of what they’re proposing and why they believe you should pay more.

Before taking further action, review the contract carefully to see if there’s any clause about changes in law or import duties. If there isn’t, the risk likely stays with the seller. You have every right to stand firm on the original terms and insist that they honor the “net price” agreement. If they refuse, it may be worth pursuing legal advice or mediation to protect your interests.

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