AUTHORITY TO SELL
1. This agreement is Not Exclusive.
(If you sell this vessel via other means, you will owe us nothing and you ad here has been completely free .. just let us know)
2. The Vendor agrees not to enter into an exclusive listing arrangement with any broker / seller and not to advertise the vessel or permit it to be advertised for sale on terms that differ from those described herein within the term of this agreement.
(if you do, say via a Boat yard or dealer, they will usually try and commit you to Exclusivity. This will prevent you from selling yourself and if we do then sell your vessel, they (the Dealer or Broker) may try and charge you a sales fee as well. By all means list with other brokers or dealers if you want to, just make sure they don't tie you up exclusively)
3. In consideration of Commercial Boats undertaking to list the vessel described above "Vessel" for sale, the Vendor appoints Commercial Boats as agent for the sale of the vessel until sold.
(your listing with Comercial Boats will remain online until sold .. by you or us.)
4. The vendor agrees that at the expiry of this contact, the terms and conditions laid out herein will remain in force unless Commercial Boats receives written notification from the Vendor.
(if we introduce a buyer for your vessel, you delist (remove) the vessel from Commercial Boats and our client then proceeds to purchase your vessel, this aggreement remains in force ...this only goes for any clients that we introduce to you.)
5. The Vendor warrants that He/She is the legal owner of the vessel and that he/she has full power to sell and pass on title on the vessel and its chattels.
(if you are not the owner of the vessel you are advertising, you must contact us to explain what is going on)
6. If the vendor decides to withdraw the vessel from sale, the agency hereby granted may be terminated only by notice in writing from the Vendor (usually an email from you) to Commercial Boats, such termination to be effective 30 days from the date on which Commercial Boats receives the notice.
(this gives us time to work and deals we may be working at that time)
If the vessel is sold to a party, introduced by Commercial Boats during the period of the agency agreement, within 120 days of the termination, the Vendor is to pay the sales fee to Commercial Boats at the rate specified in clause 8 of this agreement. (or the rate previously agreed upon in writing or email between yourself and Boatlocator)
7. Commercial Boats shall be responsible for the cost of all reasonable publicity relating to the proposed sale.
(We advertise and market your vessel on our site (and often by other sites we are related to) and via other means to effect a sale for you)
8. The Vendor shall pay to Commercial Boats or by this agreement authorises a deduction from any deposit held a selling fee of 5.5% of the sale price agreed to by the Vendor with the Purchaser to be paid (or be deducted as the case may be) within 48 hours of settlement of such sale.
(if we sell your vessel, we understandably want to be paid)
9.The Vendor shall insure the vessel against all risk whilst the vessel is in care and control of Commercial Boats and Indemnify Commercial Boats against all loss or damage to the vessel and in respect of all claims made against Commercial Boats by any person who shall arise in any way from this agreement.
(Our company policy is we dont start nor drive any clients vessel('s) ever. If our client is on board your vessel for a test or demonstration, you or your nominated representative will be with them. We do sometimes show (only) vessels for clients (when possible) and if this occurs, this clause is to protect us if any staff member is aboard your vessel)
If you have any queries regarding this agreement, please contact:
Ian Hatfield on 1300 567 309 or mobile 0411 724 044 - Outside of Australia +61411 724044