BID FORM TERMS AND CONDITIONS
(Bid Form)
License.
Certified Sales, Inc. grants the user a limited, nonexclusive 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.
Buyers 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 brokers name, Certified Sales, Inc may be placed
on the appropriate document. The purpose of placing the brokers
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 Buyers 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 Vessels 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, errorfree 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. 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.