Egg Harbor Flybridge

USAUCTIONS

holds no reserve auctions of boats and other items starting at $1 For more information please see our

page. For trailers visit our

READ BEFORE RETRACTING BIDIf you wish to retract your bid, click to send us an email stating your reason and we will cancel your bid within classifieds boards rules. Due to past abuses of this procedure, anyone who retracts their own bid will be permanently blocked from bidding with us.WE MAY

REQUEST YOUR CONTACT INFORMATION

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 # 9654

Location: Stuart, FL

General Description: This 1973 38.5' Egg Harbor Flybridge Sport Fisher was partially submerged in slip as a result of delaminated fiberglass bonding deteriorating to the point where the raw water intake plumbing separated from the thru-hull fitting allowing raw water to quickly enter the vessel. Water rose to approximately 5 deep in the salon, exposing all of the living quarters, salon, galley, head, machinery space and the entire bilge. Hull is in poor condition with chalky gelcoat. Some delamination and soft spots sighted near top of superstructure. Not all equipment could be tested as no power to vessel at time of inspection.

Other:

Bow pulpit

Flybridge in poor condition, electronics box all electronics removed.

Gauges and controls appear in poor condition, not tested

Rubrail in poor condition

Swim ladder in poor condition

Swim platform in poor condition

Upholstery, exterior, in poor condition

Washdown: fresh water, submerged, in poor condition

Washdown: raw water, submerged, in poor condition

Water heater, submerged, in poor condition

Windshield in fair condition for age

Title shows this boat as 38.5.

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: 14.0Displacement: 20100Draft: 3.6Engines: Twin Detroit 6-71 Diesel Engines. Engines were submerged. Engines reported preserved. Engines were not tested, condition unknown. Engine parts sighted on cabin floor for reasons unknown. Parts not inventoried, unknown if any parts missing. Transmission: Transmission make/model unknown, not tested, condition unknown.Generator / Battery: Lugger generator submerged. Generator reported preserved. Generator appears in poor condition, not tested, condition unknown. Batteries submerged, in poor condition, not tested, condition unknown.Electronics: Most electronics missing, rest appear to be in poor condition, not tested, condition unknown.Galley: Galley with refrigerator/freezer, stove and oven, sink. All appliances submerged, in poor condition, not tested, condition unknown. Interior with salon, head, V-berth and guest quarters in poor condition, submerged approximately 5 above cabin floor. Interior woodwork shows some water shows damage. Headliner in poor condition, stained. Carpet is missing. Ground Tackle: There is no windlass.Canvas, Mast Rigging, Sails: Canvas/isinglass in poor condition.Head: Single head with vanity, stall shower and toilet, submerged, in poor condition. Head was broken. Tank and seat missing.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, formaking

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.