Bayliner 2859

USAUCTIONS

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As part of our

ongoing efforts to ensure bids are made only by serious, bona fide bidders,

we frequently request classifieds board contact information on bidders and may e-mail or

telephone bidders making large bids. We reserve the right to cancel

bids from any parties with bad e-mail addresses or phone numbers or where we

cannot otherwise verify the bid. Inventory # 9734

Location: Nokomis, FL

General Description: This 1999 28' Bayliner 2859 Express Cruiser was damaged by engine fire. Hull sides have some scratches and repairs as seen in pictures. No major damage noted. Thru-hull fittings and tank vents on hull sides are in poor condition. Hull bottom is in fair condition for age. Fire occurred in engine compartment. Oil in bilge due to burned oil line on engine. Solar battery charger connected and mounted on back of pilot house. Holes left on port gunnel in cockpit from removal of a down rigger mounting plate. Entire hardtop and forward deck have faded and chalky gelcoat. Sump pump in head works via switch, lights over galley and settee work via switch, CO monitor in cabin working, 120 VAC system and items not tested. Both forward and engine space bilges operational. Navigation lights operational. Anchor light not operational. Overhead lights in cockpit not operational. Overhead lights in pilot house operational. Bow rail and hardtop grab rail fittings are all cracked or broken. Not all equipment could be tested as no power to vessel at time of inspection.

Other:

Carpet, exterior, in poor condition, torn in multiple places

around helm area.

Gauges and controls in fair condition for age, US Marine brand.

Hardtop Fiberglass exterior faded and chalky. Vinyl headliner covered in mildew but intact.

Rubrail in fair condition.

Swim ladder is in cabin, mounts have been removed from swim platform.

Swim platform Fair for age of vessel. Transom mount bolts

are/were leaking thru transom. Caulking has been added externally.

Trim tabs in poor condition, pump is melted, tabs look good for age, not tested.

Upholstery, exterior, in poor condition, many holes in interior cushions. Cushions are same vintage as boat. Coloring is faded

Washdown: fresh water, in good condition. Pump looks new, operates via switch and holds pressure

Water heater, Force 10, model 406011, in engine room space, not tested, condition unknown.

Windshield in poor condition, windshield paint is bubbling due to corrosion, many frame corners have caulking on them.

Other windows in poor condition, starboard cabin window leaking on forward and aft end. Forward windows and hatch do not appear to be leaking. Windows have snap on covers.

Florida 6% state sales tax will apply for Florida residents.

Storage charges will accrue after the 10 day grace period. Loading fees will apply if no trailer included. Buyer is responsible for loading fees.

Hull Material: Fiberglass Height: Beam: 9.9Displacement: 7550Draft: 3.0Engines: Single Mercruiser 7.4L MPI Bravo RWC gas inboard engine. Engine damaged by engine fire. Engine cranks with key. Hour meter was located in engine space and was severely burned. Oil cooler line is burned and spills oil while cranking. Oil still shown on dipstick. Rear of engine, exhaust, iginition, cooling, and distributor all burned or heat damaged. Fuel pump operates with Key on. No further testing was completed due to fire damage.Transmission: Bravo I outdrive. Drive paint does not match transom assembly and may have been replaced. Gear lube was not present in monitor bottle most likely due to a burned line. Trim pump moves drive. Trim cylinder hoses appear highly worn and

corroded. Function of drive was not tested due to engine problems.

Generator / Battery: There is no generator. Batteries in good condition, Xtreme 27M, new 8/14.Electronics: Electronics appear in good condition. Furuno 1623 radar tested OK; Furuno FCV582L sounder tested OK; Standard Horizon depth gauge turns on; unable to test Standard Horizon Eclipse; VHF turns on and receives weather, transmit was not tested.Galley: Microwave, Rival residential version, (removable) unable to test. Fridge/freezer-2 of Norcold DE-351D-F located under settee seats, not tested. Cooktop Orico 4300 E Alcohol/Electric 2 burner version, not tested. Interior forward berth, mid-ship berth and convertible dinette. Upholstery in poor condition, torn and faded cushions in settee and forward berth, cushions missing. Headliner in good condition for age. Carpet in poor condition, faded, stained, worn.Ground Tackle: Windlass in fair condition, paint fading, operates via remote switch, holds anchor.Canvas, Mast Rigging, Sails: Canvas cockpit shade in fair condition.Head: Single stand up head with vanity, sink, Manual Jabsco toilet, function could not be tested. Pull out sink faucet used as shower.Shipping: Item sold "where is". Assistance with shipping is generally available; however, buyer is responsible for costs of preparing item for shipment and charges for loading vessel onto trailer or transport.Special Transport Info:

TERMS AND CONDITIONS OF SALEEffective 06/20/03

Item sold "as is, where is"

This item is sold "as is, where is" without warranty of merchantability,

fitness or other warranty express or implied.

Inspection of items, errors in description

The

winning bidder ("buyer") is allowed an inspection period to

verify 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

only as to any changes in the item between the time of the initial

inspection and a subsequent inspection made within the time for voiding

the sale as set forth herein. The time period for voiding the sale

and giving notice to USauctions of such ends the earlier of the time

buyer ships or otherwise takes possession of the item, 24 hours

following actual inspection of the item or 10 days following close of the

auction. 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 USauctions by email or by fax to phone prior to the end of the

time period set forth.

A buyer who voids a sale when the item substantially complies with the

published description shall be banned from future bidding with

USauctions 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.

BUYER SHALL HAVE NO RIGHT TO ANY PRICE ADJUSTMENT SHOULD BUYER ELECT NOT TO VOID THE SALE AS PROVIDED FOR HEREIN. Neither USauctions nor the owner of the item

shall be liable for any of buyer's costs incidental to the sale including,

but not exclusively, travel, inspection, shipping or repairs. Any actions undertaken by

USauctions or any item owner to assist buyer with

shipping this item shall not be construed as placing an

obligation upon USauctions or an item owner to ship the item, pay for

shipping or be responsible for the shipment in any manner

whatsoever.

Payment of bid, defaultBuyer shall be obligated to pay the lesser of 25% of the bid amount or $25,000

not later than the close of business on the third business day following the

close of bidding. Payment instructions will be sent via buyers listed e-mail

following the close of the auction. Payment may be made by bank wire, by sending a cashier's check by mail, or by direct deposit of a cashier's check into the USauctions trust account. NO CASH OR PERSONAL CHECKS ACCEPTED.

Payment in full by collected funds is

due no later than 10 days following the close of bidding. Buyer shall be

responsible for payment of all applicable sales taxes, registration fees and

transfer fees. In the event buyer fails to make all or any portion of the

initial deposit or final payment as required hereunder, Buyer shall be in

default and Buyers right to purchase shall terminate. In the event buyer

defaults, Buyer shall be obligated to pay a fee to USauctions equal to 10%

of the bid amount and Buyer shall further be obligated to pay the owner of the

item any shortfall between the bid price and the amount received from an arms

length resale of the item whether sold at a private or public sale. Buyer

agrees to pay reasonable attorney fees incurred in any action to collect any

sums due from Buyer. The venue for any action pertaining to the sale of this

item 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 USauctions notice of intent to pick up

an item in sufficient time to ensure the storage charges are paid. When picking up vessels, Buyer shall make necessary arrangements with the boat yard

where the vessel is located 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 title

For titled items, delivery

of free and clear title shall be the responsibility of the owner of the

item. General processing time of titles is 4 to 6 weeks. 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. USauctions 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 USauctions to the parties entitled thereto, upon return of

the item in substantially the condition sold. Buyer shall be solely responsible for applying for and taking all actions

necessary to complete registration, titling or documentation as buyer may

desire.