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USA Marine Purchase Agreement by Megadox


USA marine dealers, sell boats, motors, boat trailers, and accessories with this standard form Marine Purchase Agreement. The invoice form includes sections for trade-in allowance, dealer preparation charges, delivery and launching charges, freight, and an "as is" clause under which the buyer assumes all risk for quality and performance of the goods. Terms and conditions of the Agreement include: - Title to the goods remains with the seller until the purchase price is paid in full. - If the buyer fails to make payment on time, the seller has the right to recover the costs of collection, and/or to repossess and resell the marine equipment. - The seller is responsible for shipping the goods in accordance with the buyer's instructions. All goods shall be FOB destination, freight prepaid and allowed. - The seller warrants it has good title and that the goods are free of liens and encumbrances, other than those set out in the Agreement, and that the goods are in accordance with the buyer's specifications. - The seller's liability is limited to the dollar amount actually paid by the buyer. - The parties agree to submit any dispute to binding arbitration. This USA Marine Purchase Agreement is provided in MS Word format, and is fully editable to fit your specific circumstances.

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									                                          [INSERT COMPANY HEADER]

                              MARINE PURCHASE AGREEMENT
Date: ____________________________________________

                                                 BUYER INFORMATION
Buyer                                                                       Home Phone         Bus. Phone

Address                                                       City                     State   Zip Code

Salesperson               Delivery Date            Delivery Instructions

Stock No.         Color              LOA        Beam         Draft         Deck        Hull        Interior

Make of Boat           Year      Model & Size                        Serial No.          New       $
                                                                                         Used
Make of Motor/         Year      Model, HP, & Fuel Type              Serial No.    Drive #1         $
Engine #1                                                                                  New
                                                                                           Used
Make of Motor/         Year      Model, HP, & Fuel Type              Serial No.    Drive #2         $
Engine #2                                                                                  New
                                                                                           Used
Name of Trailer        Year      Model & Size                        Serial No.          New       $
                                                                                         Used
                                                                                TOTAL PURCHASE      $

OPTIONAL EQUIPMENT/ACCESSORIES                                                            AMOUNT
                                TOTAL OPTIONAL EQUIPMENT/ACCESSORIES                      $

DESCRIPTION OF TRADE-IN                                                                   AMOUNT
Boat Make           Year                    Size              Serial No.                  $

Motor #1 Make                 Year          HP                Serial No.                  $

Motor #2 Make                 Year          HP                Serial No.                  $

Trailer Make                  Year          Size              Serial No.                  $

Amount Owing                     To Whom                                                  $

                                                   TOTAL TRADE-IN ALLOWANCE $
TRADE-IN DEBT TO BE PAID BY                             DEALER          CUSTOMER

TOTAL PURCHASE                                                                    $
OPTIONAL EQUIPMENT/ACCESSORIES                                                    $

Sales Tax (if applicable)                                                         $
Dealer Preparation                                                                $
Labor/Installation                                                                $
Delivery and/or Launching                                                         $
Freight                                                                           $

SUB-TOTAL                                                                         $

TOTAL TRADE-IN ALLOWANCE                                                          -$
Less Balance Due on Above                                                         -$
Net Allowance                                                                     -$

NET SALE                                                                          $
Sales Tax (if not included above)                                                 $
Title – Registration – Office Fees                                                $

CASH SALE PRICE                                                                   $
Less Total Payments                                                               -$

UNPAID BALANCE OF CASH SALE PRICE                                                 $

 When this box is checked, the unit which is the subject of this contract, is being sold on an “as is” basis.
  The entire risk as to the quality and performance of this unit lies with the buyer.

                                      TERMS AND CONDITIONS

1.      Parties

“Seller” refers to __________________________ [insert company name], who agrees to furnish the goods
detailed herein to Buyer.

“Buyer” refers to the person(s) or entity(ies) who have placed an order for, and will purchase, the
equipment detailed herein.

2.      Acceptance of Purchase Agreement

Agreement by Seller to furnish the goods detailed herein shall constitute acceptance by Seller of Buyer’s
purchase order, subject to the terms and conditions detailed herein (hereinafter referred to as the
“Agreement”). Should Buyer’s purchase order not state price or delivery, Buyer will not be bound to any
prices or delivery to which it has not specifically agreed in writing. Any terms or conditions proposed by
Seller in conflict with or in addition to the terms and conditions of this Agreement shall be void and of no
effect unless otherwise agreed in writing by Buyer. Modifications hereof or additions hereto must be
made in writing and signed by Buyer and Seller. The terms and conditions of this Agreement, together
with such modifications, constitute the entire agreement between the parties.

3.      Governing Law

This Agreement and any sales herein shall be governed by the laws of the State of ________________,
without regard to conflicts of laws rules. The customer consents to the jurisdiction of the federal or state
courts located in ___________________ County, _________________[state] for the purposes of any suit,
action, or proceeding arising from this Agreement.

4.      Title of Goods

Title of the goods being purchased herein shall remain solely with Seller until the goods are paid for in
full by Buyer, at which time the title shall be transferred to Buyer. Buyer shall be liable to Seller in respect
of any loss or damage to goods during such time.

5.      Payment

Invoices are due and payable [choose one: upon receipt of invoice or within the time period noted on the
invoice]. Buyer shall pay interest on any outstanding late balances at the highest rate permitted by
applicable law. Buyer is responsible for any and all other taxes associated with the purchase.

Standard terms of payment are C.O.D. unless an approved credit facility is in place. Seller reserves the
right to refuse or withdraw credit facilities at any time. Payment is due in full without any deduction in
respect of any claimed set-off or counterclaim (including any such set-off or counterclaim on account of
any delay on the part of Seller in delivering the goods) on or before the payment date.

Additionally, Seller shall be entitled to:

        a.        Charge and recover costs incurred for the collection of payment (such as, but not limited
                  to, collection agency fees and legal costs), bounced check fees, interest at the current bank
                  overdraft rate plus _______% per annum from the due date for payment until payment is
                  made in full;

        b.        Immediately and without notice, retake possession of the goods and resell such goods
                  after _____________ (________) [insert number of days in both words and numerals] days
                  written notice to Buyer and thereafter recover from Buyer any amount by which the
                  resale price is less than the price agreed to be paid by Buyer, together with all costs and
                  expenses suffered by Seller as a result of Buyer’s default;

        c.        At Seller’s sole discretion, charge a restocking fee for reclaimed goods.

6.      Delivery of Goods

6.1     Shipping

        a.        Seller shall be responsible for ensuring 
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