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Items sold “as is, where is". All items are sold “as is, where is” without warranty of any kind unless otherwise stated in the item description. In the event buyer has not inspected an item prior to final bid and there is a material difference between the item and the item description, buyer's sole remedy shall be to void the sale and receive a refund of any portion of the purchase price paid. Neither ProjectBoats.net nor owner-seller shall be liable for any of buyer's costs incidental to the sale including, but not exclusively, travel or inspection expenses. A buyer who has inspected an item prior to final bid shall be deemed to have accepted the item. Any claim to void the sale must be made by e-mail the earlier of a) 10 days following date of sale, b) the time buyer has taken possession of the item or 3) as soon a practicable following inspection of the item. Manipulation
of Bidding. In additional to any other rights it may have under the terms and
conditions set forth by E-bay, ProjectBoats.net reserves the right to terminate any auction in the
event a bid is retracted or in the event management suspects any manipulation of the
bidding and to restart the auction as management deems advisable. Payment of bid, default. The winning bidder (“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 may be made by VISA, Mastercard, Discover Card, cashier's check, a wire or direct deposit into our bank account in accordance with instructions which will be emailed to the buyer after the auction is completed. 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 ProjectBoats.net, 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, 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 Brevard 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. Buyer assumes risk of loss of items from
time bid is awarded. 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 title. Delivery
of free and clear title shall be the responsibility of the seller-owner of the
item. In the event the seller-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
seller-owner. ProjectBoats.net shall have no liability to
buyer or seller-owner for failure to deliver free and clear title to buyer beyond refund of funds
collected by ProjectBoats.net to the parties entitled thereto. Controlling terms and conditions. In the event of a conflict between these terms and conditions and any terms and conditions specifically set forth on the description page for any item, the terms and conditions on the description page shall be controlling. ProjectBoats.net reserves the right to correct, clarify or modify the terms and conditions of sale prior to the close of bidding. In the event a material change is made, the high bidder shall be notified of the change via their listed e-mail address. In the event of a material change to the terms and conditions of sale, any party may withdraw a bid made prior to transmission of notice of the material change. It shall be the responsibility of the bidder to review all terms and conditions of sale prior to placing a bid. |