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Inventory # 9883
Location: Pompano Beach, FL
General Description: This 2008 35' Monterey Cruiser 350 Sport Yacht Cruiser struck a submerged object which tore off the port outdrive causing water intrusion through the drive shaft and exhaust ports. Vessel submerged to radar arch. Boat was submerged 2-3 above starboard gunnel while port side gunnel was approximately 1 under water. The boat was subsequently raised and towed to another marina and hauled out of the water. The hull is in good condition with shiny gelcoat. There was fresh fiberglass damage to the port side transom inboard of the outdrive as well as on the starboard aft hull which may have resulted during salvage operations. The entire AC/DC electrical system aboard the vessel was compromised as well as the generator, air conditioning, electronics, pumps and electrical items. Not all equipment could be tested as no power to vessel at time of inspection.
Other:
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: 11.6 Displacement: 16500 Draft: 3.2 Engines: Twin Mercruiser 496 MAG-DTS gas inboard/outboard engines. Spark plugs were removed but engines were seized. Engines reported preserved but dipsticks show no oil just water/oil mixture. Transmission: Starboard outdrive appears serviceable. Port gimbol fractured and drive feel back and drug from cables. Outdrives not tested. Some transom assembly parts are broken. Generator / Battery: Kohler 5ECD Generator submerged, preserved but not tested, condition unknown. Batteries, submerged, not tested. Electronics: All electronics submerged, not serviceable, not tested. Galley: Galley, submerged, with sink, above/below cabinets, ice maker, microwave, stove, refrigerator. Appliances not tested. Interior with forward berth, head, galley, convertible dinette. All cabin interior/cushions/berths/bolsters submerged. Headliner in fair condition. Upholstery in fair condition. Wall covering submerged. Ground Tackle: Wildcat windlass submerged, not tested, condition unknown. Canvas, Mast Rigging, Sails: Canvas in good condition for age. Head: Single head with vanity, sink, shower attachment, electric marine toilet, submerged, 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 SALE Effective 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 BrowardCounty, Florida and shall be governed by the law of the State of FloridaRemoval 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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