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Offer To Purchase
This document authorizes Deaton Yacht Sales to offer:
$ .............. plus
..............................................................additional
consideration for the purchase of
............................................(Name) Being a
...............(Year)
.....................................................................(Make
& Model)
This offer is accompanied by the sum of $ .............. being 10% of the
above as good faith deposit. Such sum is refundable in the event that a
contract is not completed, less any sum that may be expended for and on
behalf of the buyer.
All balances of cash and goods shall be delivered by the buyer prior to
execution of the contract at a time and place to be agreed.
For and on behalf of the buyer(s):
.............................................. Signature / Date
.............................................. Signature / Date
Terms and Conditions
1. The Buyer certifies he is a citizen of the U S of A and at least 21 years
of age if said vessel requires USCG documentation.
2. The Buyer has the right to inspect or survey the vessel himself or by
contracting with a third party. In the event that the condition of the vessel
is not as represented or that it has deteriorated beyond a reasonable degree
and satisfactory repair of such is refused by the seller or deemed
impracticable by either party then this offer may be withdrawn.
3. Any and all surveys conducted under this agreement shall be at the buyer's
expense including but not necessarily limited to haul-out; cleaning; removal
of equipment or gear that may be necessary to establish the bona fide
condition of the vessel. The survey is to be conducted within ......... days
of the acceptance of this offer. Part of this survey may be conducted on the
water to constitute a trial or demonstration sail. In the event that a trial
sail is not conducted on the same day then it shall not be delayed beyond the
agreed date for completion.
4. The seller warrants to provide clear title to the vessel free of all
liens, mortgages and encumbrances of any kind.
5. This offer must be accepted or rejected on or before
....................... (Date). Should there be a previous offer outstanding
on this vessel then it is understood by all parties that any offer will only
be considered after all previous offers have been rejected or their time
limit expired.
6. The seller agrees that brokerage fees in the amount of 10% of the gross
contract value are due and payable on completion. In the event that more than
one broker being involved then this amount only shall be divided between them
in a proportion previously agreed. Such a proportion is not necessarily a
condition of this contract.
7. Should the buyer accept this vessel after duly agreed survey and
demonstration but fail to complete with the balance of funds owing in
accordance with the provisions of this contract then the otherwise refundable
deposit may be forfeit and retained as liquidated damages for the breach.
8. There is no warranty express or implied as to condition or fitness for
purpose. The vessel is sold and accepted as is; where is. Any description or
inventory is provided purely as an aid. The buyer accepts responsibility to
satisfy himself that the vessel is as described and to his satisfaction. No
other conditions beyond those expressly stated in this contract are to apply.
9. In the event of a dispute between the buyer and the seller the brokerage
companies involved shall not be liable to determine or satisfy any such
dispute but rather it shall be referred to arbitration according to the rules
of the American Arbitration Association. The brokers shall not be required to
take any action. In the event that they may be asked to contribute to such
litigation they shall be entitled to seek reasonable costs and fees. In no
circumstances shall they be liable for any damages.
10. In addition this contract is subject to the following other conditions:
................................................................................................................................
................................................................................................................................
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11. Completion shall be on or before ..................... (Date)
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Buyers Name and Address:
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...................................................................
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..................................... Phone
( ) ............
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Seller(s) Accept(s):
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Sellers Name and Address:
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...................................................................
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..................................... Phone
( ) ............
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Buyer Accepts vessel after inspection and survey and demonstration sailor
waiver of same: -
........................................................................
Date: ......................
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