Carver 36

USAUCTIONS

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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 # 9733

Location: Pompano Beach, FL

General Description: This 1985 36' Carver 36 Express Cruiser was partially submerged for cause unknown but possibly due to rainwater accruing over a period of time to the point where the batteries reached a state of discharge, allowing rainwater to continue to accumulate to the point where scuppers were forced beneath the waterline. The batteries, wiring, pumps and possibly the battery inverter suffered damage as a result of water exposure. There was no evidence of any water leaks into hull. Water reported to rise approximately 3 above cabin sole. Not all equipment could be tested as no power to vessel at time of inspection.

Other:

A/C reported submerged, not tested, condition unknown

Arch in good condition for age.

Bimini frame over bridge and aft cockpit in good condition for age.

Flybridge can be accessed from salon and exterior.

Gauges and controls appeared in good condition for age but not tested.

Flybridge in good condition for age

Rubrail in fair condition for age

Swim ladder in fair condition

Swim platform in fair condition for age. Some fiberglass glazing and a chip in fiberglass that is approximately 2X3 in platform.

Transom door in good condition

Upholstery, exterior, in good condition for age with some stains.

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: 12.6Displacement: 19500Draft: 3.2Engines: Twin Mercruiser 340 gas inboard engines. Engines submerged and compromised. Attempts were made to preserve, not tested condition unknown.Transmission: Make/model unknown, not tested, condition unknown.Generator / Battery: There is no windlass. No batteries sighted at time of inspection.Electronics: Electronics present appeared to be in fair condition for age, not tested. Galley: Galley with upright Franklin Chef refrigerator, Emerson microwave, Princess stove, no appliances tested, condition unknown. Salon with wet bar, settee, forward V-berth, guest room. Upholstery in poor condition for age, some staining, damp. Headliner in fair condition for age, some staining. Carpet in poor condition, stained, damp. Woodwork shows water damage.Ground Tackle: There is no windlass.Canvas, Mast Rigging, Sails: Canvas in fair condition for age. Isinglass store in boat, not opened, not inventoried, condition unknown.Head: Single head with sink, shower, marine toilet, not tested. 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 arragements 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.