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 INFORMATIONAs 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 # 9723
Location: Ft. Pierce, FL
General Description: This 1998 42' Maxum Diamond Series 4100 SCR Express Cruiser was a theft recovery. Boat was driven up onto beach with engines running. Vessel was not submerged. Hull is in fair condition for age with chalky gelcoat. The cosmetic condition of the superstructure was found to be in good condition. Has a good non-skid surface. No signs of cracking in gel coat. The hull sides were found generally fair and free of noteworthy damages or distortions. The hull sides' painted finish was found in fair condition showing typical "wear and tear", though certainly acceptable. Noted minor cosmetic scratches in several areas. The hull sides were percussion sounded; no areas of suspect were found. Appears to be in good condition. The hull was visually inspected out of the water. There is a crack in the aft starboard corner of the swim platform. Not all equipment could be tested as no power to vessel at time of inspection.
Other:
Title/paperwork indicates 1997; year built as 1998.
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.
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 descriptionThe
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, shiping 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.
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