License. Certified Sales, Inc. grants the user a limited, non-exclusive license to access the information contained on YachtSalvage.com By
Registering with Certified Sales, Inc., the Buyer agrees that the services provided by Certified Sales, Inc. Shall be governed by these Terms
and Conditions.
Eligibility to Participate. The Service is available only to individuals who have reached the age of majority in his/her province, territory,
jurisdiction or state of residence and who can form legally binding contracts under applicable law. If you do not qualify, you may not use the
Service. Certified Sales Inc. may refuse access to the Service or any part of the Service to anyone at any time, at its sole and absolute
discretion.
Buyer’s acknowledgement of Certified Sales, Inc and/or Yacht Salvage. Adjusters in their capacity as Claims Department employees of
their respective insurance companies and individuals who may arrange for brokerage to “Certified Sales” to undertake the selling of their
boat/yacht or mercantile property. As a matter of convenience the broker’s name, “Certified Sales, Inc” may be placed on the appropriate
document. The purpose of placing the broker’s name, “Certified Sales, Inc.” is not any indication whatsoever of ownership, but rather as an
accommodation to accomplish the ultimate transfer of the boat/yacht or mercantile property being sold. In the normal practice the insured,
adjuster or individual will sign the appropriate documents of ownership so that the sale of the boat/yacht or mercantile property can be
transferred from Seller to Buyer.
Any claim whatsoever must be with the SELLER, being the respective insured, insurance company or original individual owner of the
boat/yacht or mercantile property.
Limitation of Liability. Certified Sales, Inc. maximum liability for the breach of any obligation in connection with this Agreement or the Sales,
and any and all damages of any type or nature (whether in contract, tort or otherwise) sustained or claimed by the Buyer or any other person
or entity in connection with this Agreement or the Sales, shall be limited to the amounts actually received by Certified Sales, Inc. as
compensation from the Seller.
Warranty Disclaimer. The Buyer’s purchase of the Vessel, and his or her acceptance of delivery(storage is paid thru 5 day after winning bid
is accepted), is on an “AS IS, WHERE IS” basis with all faults and without any warranty of any kind, either expressed or implied, regarding its
merchantability or fitness for any particular purpose or use. The Buyer acknowledges that Certified Sales, Inc. makes no warranties or
representations of any kind, either express or implied, regarding the condition, construction, design, seaworthiness, or suitability of the Vessel
or any of its component parts or equipment, including, without limitation, the Vessel’s propulsion engines or auxiliary machinery.
Inspection Warranty. The Buyer acknowledges that either (i) he or she has inspected the Vessel, and in purchasing it the Buyer relies upon
his or her own inspection; or (ii) he or she has had the opportunity to inspect the Vessel and has elected to forego such inspection.
Content Disclaimer. Certified Sales, Inc. attempts to be as accurate as possible with the content of its listings. Certified Sales, Inc., however,
does not warrant or represent that the content of its listings is accurate, complete, error-free or reliable. The Buyer agrees that he or she is
solely responsible for verifying the information through inspection of the Vessel and/or other independent means.
Governing Law; Venue and Forum. This Agreement shall be governed and construed, and its performance shall be determined, in
accordance with the internal laws of the Commonwealth of Massachusetts without regard to its conflict of laws provisions. The parties
irrevocably consent and submit to the jurisdiction of the federal and state courts sitting in Worcester County, Massachusetts, and waive any
objection to the laying of venue or inconvenient forum in any suit, action or proceeding brought in said courts to enforce the terms and
provisions hereof. DISPUTE RESOLUTION. Any claim must be settled thru arbitration.
Fees.
Buyer’s Premium Fee of 6% over sale price, unless Buyer’s Premium Fee is noted on specific listing. A $95.00 fee will be added to the sale of
all boats, yachts or vehicles to cover the cost of Title and / or Document transfer preparation and Archive record keeping. Requests for
reproduction of lost document(s) or other research requested by a buyer or subsequent buyer will be billed in advance at $65.00 per hour, with
a minimum prepay of $95.00 to cover the first 1.5 hours.
Any Federal, State and/or Municipal fees are the sole responsibility of the requesting person.
Taxes Due(if any). There are, in most cases, taxes of some type due and are based on Date of Purchase, Country or USA State of
destination. Certified Sales, Inc., YachtSalvage.com or any of its associates do not accept any responsibility to determine whether any taxes
are due on said purchase. Certified Sales, Inc., YachtSalvage.com or any of its associates assume no liability for non-payment of any and all
types of tax that may apply. IT IS YOUR RESPONSIBILITY to report to the taxing authority and find all taxes that are due on this transaction.
In most cases Taxes will be due at time of Titling or Documentation and/or both. Timely attention to this will avoid any penalty for late Titling or
Documentation or both.
Payment and Removal of boat. Once payment (including fees) is received, Buyer will be emailed a Bill of Sale for their signature. This must
be emailed or faxed back to Certified Sales. Storage is covered the first 5 business days after auction ends; the Buyer must contact Storage
Yard to make arrangements for further storage or removal of the boat. This all must be done within 30 business days of auction ending,
otherwise the boat will be considered abandoned. The Buyer's full payment is forfeited and Certified Sales has the right to resell the vessel.
Antigua, Barbuda and Islands:
1) All sales are “AS IS, WHERE IS” basis at Antigua and Barbuda without any warranty or representation by Certified Sales, Inc.
whatsoever, expressed or implied, as to the design, quality, condition, merchantability or seaworthiness, or as to the fitness of the yachts
or the equipment and appurtenances thereon for any particular purpose or trade, and the Bills of Sale referred shall provide.
2) We direct bidders to inspect the yachts before purchase and to ensure that no advice from the storage yard or its employees will be
provided unless the storage yard agrees to be hired by the bidder to provide repair services.
Acknowledged and agreed by
Buyer and/or bidder Signature___________________________________________________
