VIEWS: 240 PAGES: 6 CATEGORY: Legal Forms POSTED ON: 5/19/2010
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.
[INSERT COMPANY HEADER] MARINE PURCHASE AGREEMENT Date: ____________________________________________ BUYER INFORMATION Buyer Home Phone Bus. Phone Address City State Zip Code Salesperson Delivery Date Delivery Instructions SUBJECT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, SELLER AGREES TO SELL AND BUYER AGREES TO BUY THE FOLLOWING DESCRIBED PROPERTY 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 AMOUNT 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 $ -2- 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. -3- 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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