Monterey 282

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 # 9674

Location: Dickinson, TX

General Description: This 2004 29' Monterey 282 Cruiser submerged except for bow when starboard engine exhaust hose ruptured. Fiberglass and gelcoat on exterior in good shape and shiny appearance. There are some scratches on port side and one gouge approximately 6 inches in length and .5 inches wide that is through the gelcoat barrier. Bottom is painted black and general condition appears good. Not all equipment could be tested as no power to vessel at time of inspection.

Other:

A/C: Marine Air Vector Compact 10,000 BTU cool/heat appears to be in good condition but the unit has been submerged. A/C not tested as no power to boat at time of inspection, condition unknown.

Arch, molded fiberglass,

Bimini frame

Carpet, exterior, in fair condition, soiled and damp but fair in appearance

Double-wide helm seat with flip-up bolster

Fold-away stern seat

Forward sun pad

Gauges and controls submerged, in poor condition, cloudy, not tested.

Molded steps at bridge to foredeck

Rubrail in good condition.

Swim ladder in good condition

Swim platform in good condition

Transom door in good condition

Transom shower, submerged, appeared in good condition but not tested.

Trim tabs appeared serviceable but not tested.

Upholstery, exterior, submerged, in fair condition but damp.

Washdown: fresh water, submerged, appearance good, not tested, condition unknown.

Water heater, Seaward, submerged, not tested.

Wet bar with sink, storage in the cabinets.

Walk through windshield and port lights in good condition. Screens in poor condition.

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: 10.0Displacement: 10099Draft: 3.1Engines: Twin Volvo Penta Model 5.0 GXI-E DuoProp 250HP/each gas inboard/outboard engines. Engines submerged. Engines were not preserved. Engines not tested, condition unknown. Both dipsticks showed excessive oil amounts consistent with water being present in the crankcases. This condition was in both engines.Transmission: Both Volvo Penta DuoProp outdrives appear to be in serviceable condition but not tested. Generator / Battery: Kohler Model 5 E 5kw gas generator. Appearance is good but unit has been submerged and there is water present in oil supply. Not tested, condition unknown. Hours show 52.6. Batteries: Two Interstate Batteries 12 Volt, One Excide 12V, submerged, in poor condition, not tested, condition unknown.Electronics: Electronics submerged, in poor condition, not tested, condition unknown.Galley: Galley with sink, Orico microwave, Isotherm refrigerator/freezer, Kenyon two burner glass cook top, Black and Decker Spacemaker coffeemaker. Appliances not tested, condition unknown. Salon with faux cherry wood veneer cabinets, dinette, forward berth, forward hatch for light and ventilation, aft lounge/berth with storage below. Headliner submerged, in fair condition but damp. Upholstery submerged, in fair condition but damp. Carpet submerged, in fair condition but worn and damp at time of inspection.Ground Tackle: Simpson/Lawrence windlass appeared in good condition but not tested.Canvas, Mast Rigging, Sails: Isinglass in poor condition, cloudy, not serviceable. Bimini canvas in good condition.Head: Head includes a flush toilet, vanity with sink and a stand-up 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 even 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.