USAUCTIONS
(BentBoat)
All
vessels start at $100.
No
reserves, no shills - honest auctions
Click on this link
to go to USauctions
for additional information and for a list of upcoming eBay auctions.
USauctions holds auctions of boats and other items every 2 - 3 weeks.
Auctions start on Saturday am and end the following Saturday am.
Bid retractions, manipulation of bidding.
In order to prevent bid manipulation, we do not
permit bidders to retract their bids. If you have a reason to retract a
bid, contact us to retract for you. Bidders who retract their bids will be
permanently banned from bidding on our site. We request contact
information on bidders to ensure compliance. In addition to any other
rights it may have under the terms and conditions set forth by eBay,
USauctions, in its sole discretion, may consider any auction void if there
are any bid retractions within 12 hours of the scheduled end of the auction even
if the auction has completed with a high bidder.
USauctions may cancel any auction in
which there are bid retractions within 48 hours of the scheduled end of the
auction or in the event management reasonably suspects the bidding is being
manipulated. BentBoat may reject the high bid in the event it was made by or on
behalf of a party who has been previously blocked from bidding or has been
notified not to bid on our items. A buyer who does not complete a sale
when the item substantially complies with the published description will be
banned from future bidding in addition to the other stated remedies.
(When searching for us in eBay, please make sure to
include the ".com" at the end of our ID as "usauctions" without the .com is a
different eBay member).
TERMS AND CONDITIONS OF SALE
Effective 2/7/02
All items are sold "as is, where
is"
All
items are sold s is, where iswithout warranty of merchantability,
fitness or other warranty express or implied.
Inspection of items, errors in
description
The
winning bidder ("buyer") is allowed an inspection and reporting period to
confirm that the item substantially complies with the published
description. A buyer who has inspected an item prior to final bid
shall be deemed to have accepted the condition of the item at the time of
the inspection but may reserve inspection following close of the auction
as to any changes in the item between the time of inspection and final
bid. The inspection and reporting period for all vessels, engines and
motors, all items which are not UPS shippable and for all other items for
which the description does not include a dollar amount for shipping or,
alternatively, a statement that shipping is included, ends the earlier of
the time buyer ships or otherwise takes possession of the item, 48 hours
following actual inspection of the item or 10 days following close of the
auction. The inspection and reporting period for items not
previously listed which are UPS shippable and for which a dollar amount
for shipping or, alternatively, a statement that shipping is included, is
set forth in the description of the item is 48 hours after buyer's receipt
of the item. In the event there is a material difference between the
item and the item description and buyer desires to void the sale, buyer
shall so notify BentBoat by e-mail
or by fax to (800) 385-8566 prior to the end of the inspection and
reporting period.
A buyer who voids a sale when the item substantially complies with the
published description
shall be banned from future bidding with BentBoat in addition to any other
remedies provided for hereunder. In the event
buyer properly voids the sale in a timely manner as required hereunder,
buyer's sole remedy shall be to receive a refund of the portion of the
purchase price paid upon return of the item in the condition sold.
Buyer shall have no right to any price adjustment should buyer elect not
to void the sale. Neither BentBoat nor the item owner shall be liable for any
of buyer's costs incidental to the sale including, but not exclusively,
travel, inspection, shipping or repairs. Except as to
items which are UPS shippable and for which a
dollar amount for shipping is set forth in the description of the item,
any actions undertaken by BentBoat or any item owner to assist buyer with
shipping a vessel or other item shall not be interpreted as placing an
obligation upon BentBoat or an item owner to ship the item, pay for
shipping the item or be responsible for the shipment in any manner
whatsoever.
Payment of
bid, default
Buyer shall be
obligated to pay 25% of the bid amount not later than the close of business on the third
business day following the close of bidding. Payment instructions will
be sent via buyer's listed e-mail following the close of the auction. Payment may be made by
bank wire, direct deposit into
BentBoat's BankAmerica trust
account or by sending a cashier's check by mail. Payments by credit
card through Paypal and Billpoint are limited to $10,000 per item.
Payment in full by collected funds is due no later than
10 days
following the close of bidding. Buyer may
make final payment through an escrow agent approved by BentBoat, which approval shall not
be unreasonably withheld. Buyer shall be
responsible for all costs associated with said escrow.
Buyer shall be responsible for payment of all applicable sales taxes, registration
fees and transfer fees. In the event
buyer
fails to make final payment in a timely manner, without legal excuse, Buyer's 25% deposit shall be forfeited as
liquidated damages. In the event buyer fails to make all or any portion of the
initial 25% deposit required hereunder, Buyer's right to purchase shall terminate and
Buyer shall be obligated to pay 25% of the bid amount as liquidated damages. Buyer
agrees to pay reasonable attorney fees incurred in any action to collect all or any
portion of said 25% deposit. The venue for any action pertaining to the sale of a
vessel shall be Broward County, Florida and shall be governed by the law of the State of
Florida.
Removal
of items, storage charges, risk of loss
Items must be removed not later than
10 days
following the close of bidding unless other arrangements are made. It shall be buyer's responsibility to make
arrangements for moving the item or, in the alternative, for making
arrangements to store the item beyond the 10 day grace period. It
shall be buyer's responsibility for making arrangements to load and
transport items. Buyer shall give BentBoat notice of intent to pick up
an item in sufficient time to ensure the storage charges are paid.
Buyer shall make necessary arrangements with a boat yard with not less than 24 hours notice
before picking up a vessel to ensure the vessel is cleared for transport,
any storage liens are paid, any necessary equipment is available and the
vessel is not blocked in. Buyer assumes risk of loss of the
item as of the earlier of the time buyer's right to void the sale
terminates, or the time buyer acquires insurance on the vessel. In the event Buyer fails
to remove items in a timely manner, daily storage fees may be charged at the sales
location and/or the items may be removed and stored at buyer's risk and
expense.
Delivery of vessel title
Delivery
of free and clear title shall be the responsibility of the owner of the
item. In the event the item owner fails to deliver
free and clear title to buyer in a timely manner, Buyer shall have the option of
voiding the sale or of seeking specific performance directly against the
item owner. BentBoat shall have no liability to
buyer or the item owner for failure to deliver free and clear title to buyer beyond refund of funds
collected by BentBoat to the parties entitled thereto.
Buyer shall be solely responsible for applying for and taking all actions
necessary to complete registration, titling or documentation as buyer may
desire.
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