[INSERT COMPANY HEADER] MARINE PURCHASE AGREEMENT Date: ____________________________________________ BUYER INFORMATION Buyer Home Phone Address City Salesperson Delivery Date Bus. Phone State Zip Code 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 Make of Boat Year Model & Size Make of Motor/ Engine #1 Year Model, HP, & Fuel Type Make of Motor/ Engine #2 Year Model, HP, & Fuel Type Name of Trailer Year Model & Size Draft Deck Hull New Used Serial No. Drive #1 New Used Serial No. Drive #2 New Used Serial No. New Used TOTAL PURCHASE Serial No. OPTIONAL EQUIPMENT/ACCESSORIES TOTAL OPTIONAL EQUIPMENT/ACCESSORIES Size Serial No. AMOUNT $ Motor #1 Make Year HP Serial No. $ Motor #2 Make Year HP Serial No. $ Trailer Make Year Size Serial No. $ To Whom TRADE-IN DEBT TO BE PAID BY $ $ $ $ $ AMOUNT $ $ $ $ $ DESCRIPTION OF TRADE-IN Boat Make Year Amount Owing Interior $ TOTAL TRADE-IN ALLOWANCE $ DEALER CUSTOMER TOTAL PURCHASE OPTIONAL EQUIPMENT/ACCESSORIES AMOUNT $ $ 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. -2- 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 the proper packaging of goods for shipping. b. Seller shall, at all times, comply with Buyer’s written shipping instructions. c. Seller shall submit all shipping papers and any other documents required by Buyer to Buyer prior to final payment. d. Unless otherwise agreed, all goods shall be F.O.B. destination, freight prepaid and allowed. -3- THIS IS A 4-PAGE FORM.
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