The A.Y.B. Associated Yacht Broker Terms and Conditions
1. a)Much of The A.Y.B. Associated Yacht Broker’s business originates from the internet and in particular from the The A.Y.B. Associated Yacht Broker website, hereinafter known as “the Site”.
b) personal information registered on this site may only be passed to AYB recommended brokers for the purpose of your sale and or purchase of a boat and not be sold to any other third party.
2. Copyrighted Information. Please note that the pages on the Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Such additional notices and information, together with these terms and conditions, are hereinafter referred to as the “Terms and Conditions.” Unless otherwise noted, all information, text, articles, data, images, Documents (as defined below), Software (as defined below) or other materials (collectively hereinafter referred to as the “Materials”) contained on any page within this Site are copyrighted by The A.Y.B. Associated Yacht Broker or it’s Appointed Agent or a third party (hereinafter collectively referred to as the “Copyright Holder”). Title to copyright in the Materials will at all times remain with the Copyright Holder. You may only use, download or copy the Materials contained in the Site in accordance with the Terms and Conditions. Any permitted copies of the Materials must retain the copyright notice, and any other proprietary notices contained in such Materials. Unless otherwise provided in the Terms and Conditions, you may not edit, modify or make use of the Materials without the express, prior written consent of The A.Y.B. Associated Yacht Broker or it’s Appointed Agent. You may not use any content contained in the Materials in any manner that may give a false or misleading impression or statement as to The A.Y.B. Associated Yacht Broker or it’s Appointed Agent, the Copyright Holder, or any third party referenced in the Materials. Nothing on this Site shall be construed as conferring any license under any Copyright Holder’s intellectual property rights, whether by estoppel, implication or otherwise. By accessing, using and/or copying this document, or the document from which this statement is linked, you agree that you have read, understood and accept the terms and conditions contained herein. The A.Y.B. Associated Yacht Broker or it’s Appointed Agent MAY REVOKE ANY OF THE FOREGOING RIGHTS, AS WELL AS ANY ACCESS AND USE AUTHORISATIONS GRANTED TO USERS OF THE SITE AT ANY TIME. Except as specifically provided above, any reproduction, distribution, replication or retransmission of any information contained on this site without the prior written consent of The A.Y.B. Associated Yacht Broker or it’s Appointed Agent is strictly prohibited. 3. Notice With Regard to Documents on this Site. Permission to display, copy and/or download any papers, articles or other works of authorship on this Site (the “Documents”) is hereby granted, provided that (a) the copyright notice set forth below and a statement that the Document is being reproduced under permission of the Copyright Holder appear, (b) use or reproduction of such Documents from this Site is for informational or personal use only, and (c) no modifications of any Documents are made. Any other use of the Documents is expressly prohibited. 4. Disclaimers and Limitation on Liability. (A) DISCLAIMER OF WARRANTIES. THE CONTENTS OF THIS SITE, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, ARE PROVIDED “AS IS,” AND The A.Y.B. Associated Yacht Broker or it’s Appointed Agent MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS SITE OR ITS CONTENTS. The A.Y.B. Associated Yacht Broker or it’s Appointed Agent DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. (B) DISCLAIMER OF ACCURACY. The A.Y.B. Associated Yacht Broker or it’s Appointed Agent does not represent or warrant that the information accessible via this Site is accurate, complete or current. This Site could contain typographical errors or technical inaccuracies. The A.Y.B. Associated Yacht Broker or it’s Appointed Agent reserves the right to add to, change or delete its content or any part thereof without notice. Any price or availability information is subject to change without notice. Additionally, this Site may contain information provided by third parties, which includes, without limitation, the Documents and Software. The A.Y.B. Associated Yacht Broker or it’s Appointed Agent makes no representation or warranty regarding the accuracy, truth, quality, suitability or reliability of such information. The A.Y.B. Associated Yacht Broker or it’s Appointed Agent is not responsible for any errors, omissions, or inaccuracies contained in any information provided by such third parties. (C) LIMITATION ON LIABILITY. NEITHER The A.Y.B. Associated Yacht Broker or it’s Appointed Agent NOR ANY OF ITS MEMBERS, DIRECTORS, EMPLOYEES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR ANY INFORMATION CONTAINED HEREIN, WHICH INCLUDES, WITHOUT LIMITATION, THE MATERIALS, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SITE AND WILL NOT MAKE ANY CLAIM AGAINST The A.Y.B. Associated Yacht Broker or it’s Appointed Agent FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS. (D) LIMITATION ON LIABILITY OF COPYRIGHT HOLDERS. COPYRIGHT HOLDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THE MATERIALS OR PERFORMANCE OR IMPLEMENTATION OF THE CONTENTS THEREOF. 5.(A)The A.Y.B. Associated Yacht Broker shall only act as a broker in accordance with written instruction contracts signed and exchanged between the broker and each of the owner and any other joint owners. If the instruction contract specifically stipulates either (a) Sole Brokerage, or (b) Central brokerage or (b) Exclusive Brokerage, then The A.Y.B. Associated Yacht Broker or it’s Appointed Agent, having promoted a boat on its website on the instruction of the owner or that of the owners’ appointed agent, shall be paid the full commission fee on the sale of that boat, however sold whether or not any other agent or broker is involved. If there is no exchange of written instruction contracts then The A.Y.B. Associated Yacht Broker shall be acting solely as an introducer with the singular responsibility to pass on contact details between the client and potential buyers.
An introducer may be appointed verbally,an introducer shall only be required to pass contact details to the vendor or prospective buyer and shall not be required to visit, nor photograph, nor arrange, nor conduct viewings at the vessel for sale. Unless otherwise agreed, the commission for an introducer shall be 5% of the advertised sale price, payable on transfer of title in full or in part. All brokerage for trade sellers shall be as an Introducer.The A.Y.B. Associated Yacht Broker acting with a signed instruction contract as a broker, shall not expect nor be required to pass contact details between vendor and potential buyers until the final sale contract is prepared. If the type of brokerage is not specified, then the full commission and other fees as specified below, shall only be paid if The A.Y.B. Associated Yacht Broker or it’s Appointed Agent has introduced the Buyer. On the sale of the vendor’s boat, the full commission fee of 8% (eight percent) of the Agreed Selling price shall be paid by The Vendor. The Agreed Selling Price may be varied only by written agreement, agreed and signed by both The Vendor and The Promoter. The actual price at which The Vendor sells the vessel may be different to The Agreed Selling Price. In cases where the vendor enters into an arrangement with creditors or goes into liquidation or is declared bankrupt, the fee of 8% of the Agreed Selling Price shall fall due and become payable immediately. In cases where a sale fails to complete after contract prior to completion of sale is signed by a prospective buyer and a deposit of at least 5%(Five percent) of the Agreed selling price is paid to The A.Y.B. Associated Yacht Broker or it’s Appointed Agent as deposit subject to contract, then a commission fee of 5%(Five percent) of the Agreed selling price or 50% of the deposit, whichever shall be the greater, shall be paid by the Vendor to The A.Y.B. Associated Yacht Broker or it’s Appointed Agent. Whenever possible, commission fees due shall be deducted from deposits held by The A.Y.B. Associated Yacht Broker or it’s Appointed Agent and any remaining balance due paid out. If a commission has not been paid by a vendor for one vessel, the commission due shall be deducted from the proceeds of any subsequent sale of a vessel by the same vendor. In the event that a boat is given or accepted in part exchange, full commission on the agreed selling price is payable on completion, on both boats if both are subject to instruction to The A.Y.B. Associated Yacht Broker or it’s Appointed Agent.In the case of a purchaser defaulting subsequent to signing a contract to purchase a vessel, the purchaser shall pay the fee due, being 5%(Five percent) of the contract price, to The A.Y.B. Associated Yacht Broker or it’s Appointed Agent and a further 5%(Five percent) to the vendor, except in so far as the full deposit of 10%(Ten percent) has already been paid in cleared funds to The A.Y.B. Associated Yacht Broker or it’s Appointed Agent’s Client Holding Account. (B)All boats for sale may be reserved with a deposit of at least 10%(Ten percent) of the agreed price. Placing of a deposit removes the boat from availability to sell to another and consequently by that act the vendor and the purchaser agree to be bound by these terms and conditions. I.When a Purchaser places a deposit of at least 10% (Ten percent) of the agreed price with the broker to reserve a vessel, The Vendor agrees to sell and the Purchaser contracts to purchase the above mentioned vessel to be used as a houseboat free from any encumbrances subject to the terms and conditions of this contract for the sum advertised as seen as lies together with all her outfit, gear and equipment but not including stores or the Vendor’s personal effects or as expressly defined in any schedule agreed and signed by both parties. II.If the Vendor is not selling the vessel in the course of a business the Purchaser being at liberty to inspect the vessel and satisfy himself as to its condition and specification, all express or implied warranties or conditions statutory or otherwise are hereby excluded and the vessel its outfit, gear and equipment shall be taken with all faults of description without any allowance or abatement whatsoever. III.The purchaser may at a venue to be agreed and at his own cost haul up or place ashore and/or open up the vessel and its machinery for the purpose of inspection and/or survey which, including any written report shall be completed within 7 days of the signing of this contract. Any written report shall confirm that the surveyor is specifically experienced in surveying vessels of this construction type and use and that the report is on the condition of the vessel commensurate with its age and use. In the event that the inspection requires more than a superficial non-destructive dismantling and limited removal of anti-fouling the consent of the Vendor must be obtained in writing before work commences. All costs and damage arising from the moving of the vessel and the survey are to be paid for by the purchaser. IV. Within 4 days after the completion of such inspection and/or survey if any material defects in the vessel or its machinery other than those commensurate with its age and use shall have been found or if any material deficiencies have been found in any inventory hereto provided the cost of remedy shall not already have been allowed for in the reduction from the original purchase price, the purchaser may give notice to the Vendor in writing specifying such material defects or deficiencies including a copy of the relevant survey report requiring the Vendor forthwith to (a)Make good the same or (b)Make a sufficient reduction in the original purchase price if not already covered by any reduction from the original purchase price. All agreed items of work shall be carried out without delay in all the circumstances and shall be carried out so as to satisfy the expressly specified requirements of the Purchasers Surveyor in respect only of material defects mentioned in his report and notified to the Vendor. V. The vessel shall be deemed to have been accepted by the purchaser upon the happening of any of the following events:(a)Upon the expiry of 10 days from the date of placing the deposit providing that no inspection or survey be carried out.(b)4 days after the completion of the survey provided that the Purchaser has not served notice under IV hereof(c)Upon a mutual agreement of a reduction in the purchaser price in accordance with IV (b) hereof.(d)Upon notification by the Vendor to the Purchaser of completion of the remedial works specified in a notice given to the Purchaser under the provision of IV (a) hereof. VI. Completion. Upon acceptance of the vessel by the Purchaser, the deposit shall be treated as part payment of the purchase price: -(i)The Vendor shall (a)Provide the Purchaser with an executed Bill of Sale in favour of the Purchaser showing the vessel to be free from encumbrances and such other title documents as are set out in the schedule to this agreement, together with any other documents appertaining to the vessel.(b)Deliver to the Purchaser an invoice,including any local taxes if applicable, and any necessary delivery order or other authority enabling the Purchaser to take immediate possession of the vessel.(c)By delivery of documents in (a) and (b) of this Clause, be deemed to covenant that he has the power to transfer property in the vessel and that the same is free from encumbrances and liabilities for duties taxes debts liens and the like on the said vessel, except such encumbrances and liabilities for duties taxes debts liens and the like as are the responsibility of the Purchaser under Clauses 4 hereof.VII. Default. (a)Should the Purchaser make default in paying the balance of the purchase price as herein before stipulated, the Vendor shall be at liberty to re-sell the vessel either by public auction or private treaty and any deposit paid shall be forfeit without prejudice to the Vendors right to claim from the Purchaser the amount of any loss on re-sale together with all costs of sale and re-sale and reasonable expenses due allowance being made for the forfeit of deposit.(b)If the Vendor shall default in the execution of his part of the Contract the Purchaser shall without prejudice to any other right he may have hereunder be entitled to the return of his deposit. VIII. If the vessel is advertised as suitable for cruising, a sea trial is an option, completion of this contract shall be subject to a satisfactory sea trial if the purchaser chooses to conduct such within 7 days of the signing of this contract, To confirm that, being sold as a motor vessel, in calm slack water the vessel can propel herself under way, steer to port and starboard with the wheel and move in reverse by use of the gear. 6.Links to Third Party Sites. Any other web sites that are accessible via link on this Site are not under the control of The A.Y.B. Associated Yacht Broker or it’s Appointed Agent. The A.Y.B. Associated Yacht Broker or it’s Appointed Agent is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to the information contained in such sites. The A.Y.B. Associated Yacht Broker or it’s Appointed Agent provides the linked sites to you only as a convenience and the inclusions of any such link on the Site does not imply The A.Y.B. Associated Yacht Broker or it’s Appointed Agent’s endorsement of the site, the organisation operating such site, nor any products or services of that organisation. Your linking to any off-site pages or other sites is entirely at your own risk.Provision of contact details of service providers by the The A.Y.B. Associated Yacht Broker or it’s Appointed Agent’s is no more than that and does not imply endorsement, suitability or recommendation of any such services. Owners remain responsible for the care safety and insurance of their own craft at all times, until Final Payment has been made and Title is transferred to the new owner.When a buyer requests a survey, which may or not may not involve movement of the craft, the Owner accepts responsibility to consider any such proposal to move, slip, crane or survey their craft, the decision and responsibility for any such activity always remains with the owner. Insurers should always be consulted in detail, by the owner,prior to any such movements. When title in whole or in part has been transferred to a new owner or joint owner/s the role of The A.Y.B. Associated Yacht Broker, wether as introducer or Broker shall cease and there shall be no further obligation to act in any way for the former client.7. Export Restrictions.You agree to observe all laws and restrictions required by any jurisdiction from which you export.8.All applicable taxes required to be charged by your Country or State shall be charged in addition to any fees or commissions charged by The A.Y.B. Associated Yacht Broker or it’s appointed Agent. 9. User Input. Unless otherwise provided in the Terms and Conditions, any communication, material or feedback with regard to contents on this Site transmitted by a user of this Site via electronic mail or otherwise, including any data, questions, or comments regarding the content of any Document or other information contained on the Site, such information shall be deemed to be non-confidential and The A.Y.B. Associated Yacht Broker or it’s Appointed Agent shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation. Further, The A.Y.B. Associated Yacht Broker or it’s Appointed Agent shall have no obligation to compensate the contributor of such information in any manner.10. Governing Law. Any action related to the Terms and Conditions will be governed by by the law of the country and region where the broker’s office is situated. No choice of law rules of any other jurisdictions will apply. 11. Complete Agreement. The A.Y.B. Associated Yacht Broker can revise the Terms and Conditions at any time without notice by updating this posting. 12. Trademarks. All products, company names or other marks appearing on this Site are the trademarks of their respective owners. Nothing contained in the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Site without prior written permission of The A.Y.B. Associated Yacht Broker or it’s Appointed Agent or other trademark owners.