AYS - offer form

fax - Tacoma 253-272-3980		Seattle - 206-774-9426
Admiralty Yacht Sales 5620 Marine View Dr. NE Tacoma, WA 98422		Admiralty Yacht Sales 7001 Seaview Ave NW, Suite 160 Seattle, WA 98117

Boat

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Admiralty Yacht Sales, Inc. ("Admiralty") is hereby authorized to offer the sum of $__________________________ (gross) for the above vessel. This Offer is accompanied by earnest money of $(US Dollars) ________________________in partial payment of the purchase price.
Visa/MC Credit Card# Expiration date
This Offer is subject to satisfactory inspection of the vessel and the Terms and Conditions below. Final payment is to be made by cashier's check or wired funds.

2) Owner agrees to sell said vessel for $________________________ in accordance with the terms and conditions specified herein, and agrees to pay a commission on the gross price as stated in the listing agreement.

3) The Terms and Conditions of this Offer have been met. Buyer(s) has inventoried the vessel and found it as represented. The vessel and equipment are accepted "AS IS" and with no warranties or other reliance on any representations except those contained herein.

1. The Owner warrants that he has full power and legal authority to execute and perform this agreement. Owner(s) is to furnish free and clear title to the vessel by discharging all liens, mortgages, and/or encumbrances of any kind now held against the vessel, or any which may be incurred prior to transfer of title to the Buyer(s). Owner(s) warrants that the title is in accordance with the regulations of the U.S. Coast Guard, U.S. Customs, and the City, State, and County tax departments.

2. Buyer(s) is responsible for all federal, state, and local taxes and fees that are applicable to this transaction and shall hold harmless and indemnify Admiralty from any such liabilities arising from those obligations. Upon purchase of the vessel the Buyer(s) becomes responsible for all costs relating to the vessel, including but not limited to moorage, insurance, and maintenance.

3. Owner(s) must accept or reject this Offer within three (3) calendar days from notification, either orally or in writing, of this Offer. The Buyer may then have the vessel surveyed at his expense. The surveyor shall be of the Buyer's choice. Admiralty is not responsible for any errors, omissions or other inaccuracies that may appear of the survey, even though Admiralty may have suggested the name of the surveyor(s) or may have hired the surveyor(s) on behalf of the buyer. The survey shall be made within ten (10) calendar days from the date this Offer is accepted by the Owner(s). Yard cost and surveyor's fees shall be paid by the Buyer(s). If elimination of major structural deficiencies are recommended by the marine inspection report, they shall be repaired by the Owner(s), or the contract may be renegotiated to the mutual agreement of all parties. Normal wear and tear, minor deficiencies, and maintenance recommendations are not the Owner's responsibility. The Owner agrees to be responsible for repair or towing charges that might become necessary during the demonstration or survey of the vessel.

4. Information on this vessel and its related equipment is believed to be correct, but the vessel is sold to the Buyer(s) and is accepted "AS IS, WHERE IS," after the foregoing provisions have been met. NO WARRANTY, either specified or implied, and no representations as to the condition of said vessel or its title have been made by or are binding upon Admiralty. To the extent possible under Law, Admiralty expressly disclaims any warranty of merchantability, fitness for a particular purpose or use and/or any liability for damages arising out of the use of the vessel or any equipment on said vessel.

5. Admiralty will retain deposits in a separate trust account. After acceptance of the offer by the Owner(s), the Buyer(s) agree to increase their deposit to 10% of the purchase price to be paid within three (3) business days to Admiralty. Buyer agrees that interest therein will be donated to a charity of Admiralty’s choice. Should this Offer not be accepted by the Owner(s), the deposit will be refunded less any and all expenses incurred for the Buyer's benefit. Should the Buyer(s) be unable or unwilling to make final payment and/or take delivery of the vessel, the parties agree that Admiralty's damages would be extremely difficulty to quantify and that because of this Admiralty is specifically entitled to retain the entire deposit, or any portion it so chooses at its sole discretion, as liquidated damages as a result of Buyer's failure to perform. Admiralty may dispose of the vessel without liability to said Buyer(s). The Balance Due shall be paid prior to the date of the Bill of Sale, and within five (5) calendar days after the survey. Final payment is to be made by cashier's check or wired funds.

6. It is agreed that if any controversy or litigation arises between the Owner(s) and the Buyer(s), or with any third person, Admiralty shall not be required to determine or decide the controversy or take any further action on this Offer. Admiralty may await the settlement of any such controversy, and shall not be liable for any damages or interest, and shall be reimbursed for court costs and any attorney's fees it may incur as a result of such controversy or litigation by the non-prevailing party.

7. If a cooperative brokerage situation occurs, whereby the listing broker is not the selling broker, the owner agrees to pay the listing broker and the selling broker a commission. The commission split shall be determined at the time of negotiating the sale. The agreed commission split shall be stated in the co-brokerage agreement and/ or closing documents. These fees shall be paid directly to each independent broker at the time the sale is closed.

8. This Offer shall be governed and construed by and under the laws of the state of Washington without giving effect to principles or provisions relating to conflicts of laws or choice of laws. If any provision of this Agreement is held to be void or otherwise unenforceable, all remaining provisions shall continue in full force and effect and all terms contained herein shall be deemed separable and mutually independent.

9. The Buyer(s) agrees that this is the complete and exclusive contract between the parties, which supersedes all prior proposals, if any, and/or any contemporaneous negotiations, understandings, or agreements, oral or written. No course of prior dealing between the parties, no usage of trade, and verbal or extrinsic evidence of any nature shall be used to supplement or modify any terms of this Offer. The parties agree that they waive the general rule of construction that an agreement shall be construed against its drafter.

Seattle At Shilshole Bay Marina north of Ballard map to location	(206) 783-9654 - (866) 627-1529 - Fax (206) 838-7366 7001 Seaview Ave. NW Suite 160 - On the street side Seattle, WA 98117

Tacoma - Tyee Marina On the northeast side of Commencement Bay at Tyee Marina map to location	(253) 272-3700 - (866)-585-6304 - Fax (253) 272-3980 5620 Marine View Dr. NE Tacoma, WA 98422

Tacoma - Foss Waterway
At Johnny's Dock Restaurant -- Below downtown Tacoma
map to location

(253) 590-3370 -- Fax (253) 295-6119
1900 East "D" Street, Tacoma, WA 98421



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Since 1981, Admiralty at your Service

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