Fill and Sign the Agreement Boat Form

Agreement to Purchase Boat, Subject to Inspection, with Bill of Sale Agreement made on the _______________ (date) , between ___________________ (Name of Buyer) of ____________________________________________________________ ______________ (street address, city, county, state, zip code) , referred to herein as Buyer, and _________________ (Name of Seller) , of ______________________________________ ______________________________________ (street address, city, county, state, zip code) , referred to herein as Seller. Whereas, Seller is the owner of the Boat described below and, subject to the provisions of this Agreement, desires to sell such Boat to Buyer ; and Whereas, Buyer desires to purchase such Boat from Seller in accordance with the provisions of this Agreement, Now, therefore, for and in consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Description of Boat Seller agrees to sell to Buyer , and Buyer agrees to purchase, the ________________ (type of boat) , __________________________ (name boat) , an undocumented Boat, together with such Boat's (describe equipment, such as: mast, bowsprit, sails, rigging anchors, tackle, furniture) ____________________________________________________________, and all other necessary equipment as such Boat is presently berthed at ___________________ (name of port or marina) . The ______________________ ( federal and/or state registration) information regarding said Boat is as follows: (give full detail) __________________________ ____________________________________________________________________________ . 2. Terms of Sale The total purchase price of the Boat is $_________. Seller acknowledges receipt of a deposit of $___________, and Buyer promises to pay the balance, together with ______% interest per annum, before __________________ (date) . On receipt of final payment, Seller promises to execute a Bill of Sale for transfer of title in the Boat in the form shown in Exhibit A attached hereto and made a part hereof. 3. Condition of Boat This Agreement is made subject to a favorable inspection of said Boat by ( e.g., a marine surveyor) ________________________ to be chosen by Buyer , to be completed within ______ days of the effective date of this Agreement. If the findings of the inspection indicate that the Boat is not seaworthy and otherwise in good condition, then this Agreement will be terminated, and Seller will return the above-stated deposit made under this Agreement. Failure of Buyer to give notice to Seller of an unsatisfactory survey prior to the date of transfer of possession as set forth in Section 4 shall create the presumption that a satisfactory inspection was completed. 4. Transfer of Possession Subject to the condition of Section 3 relating to an acceptable inspection of the Boat, Buyer will take possession of the Boat, and assume all risk of damage to and loss of the Boat, on __________________ (date) . 5. Warranty Seller warrants that the Boat is not encumbered by any mortgage, bond, or maritime lien. Other than this warranty, Seller is making no guarantee, warranty, or representation, express or implied, as to the kind, size, quality, description, or condition of the Boat, or its fitness for any use or purpose . 6. Severability The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 7. No Waiver The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 8. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of ______________. 9. Notices Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. 10. Mandatory Arbitration Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. 11. Entire Agreement This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. 12. Modification of Agreement Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. 13. Assignment of Rights The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. 14. In this Agreement, any reference to a party includes that party's heirs, executors, administrators, successors and assigns, singular includes plural and masculine includes feminine. WITNESS our signatures as of the day and date first above stated. ________________________ _________________________ (P rinted name) (P rinted name) ________________________ _________________________ (Signature of Seller) (Signature of Buyer) Exhibit A Bill of Sale For and in consideration of $_____________, cash in hand paid, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the undersigned Seller of ___________________________________________________________ _________________ (Street Address, City, State, Zip Code) , does hereby sell unto __________________ (Name of Buyer) of _________________________________________ _____________________________________ (Street Address, City, State, Zip Code) , the following described Boat, to-wit:  Make___________________________  Model _______________________  Year _________________  Motor Vehicle or Title No. ___________________  Boat Hull ID No. Seller is selling said Boat in its as is and present condition and makes no warranty as to the condition of the Boat and waives any implied warranty of fitness for a particular purpose or merchantability. Executed as of the Day of _____ , 20 _ . ________________________ Name of Seller ________________________ Signature of Seller STATE OF______________________ COUNTY OF ____________________ Personally appeared before me, the undersigned authority in and for said County and State, on this _____ day of , 20 , within my jurisdiction, the within named ______________________ (Name of Seller) , who acknowledged that he executed the above and foregoing instrument. ______________________________ NOTARY PUBLIC My Commission Expires: ______________________