This agreement made this _________ day of _________ , 20___ by and between

 

__________________________ , hereinafter referred to as “Owner” and Team Carolina

 

Marine, Inc. dba North Point Watersports, hereinafter referred to as “North Point

 

Watersports”

 

1. North Point Watersports is authorized to offer for sale Owner’s boat as described below:

 

Year: ___________________________

 

Make: ___________________________

 

Model: ___________________________

 

Hull #: ___________________________

 

Length: ___________________________

 

Engine: ___________________________

 

H.P.: ______________________________

 

Hours: _____________________________

 

Trailer Make: ________________________

 

Trailer VIN: _________________________

 

2. The boat shall be listed for sale at a total listing price of $_________________ (Dollars), and Owner agrees to accept $________________ (Dollars) as net proceeds.

 

3. Owner grants North Point Watersports the exclusive and irrevocable rights and privilege, during the term of this agreement, to sell Owner’s boat for the price and upon the terms and conditions set forth herein, or for such other price, upon such other terms and conditions, as may hereafter be agreed in writing.

 

4. North Point Watersports will act on behalf of the Owner as Owner’s agent. Owner acknowledges that North Point Watersports may assist prospective buyers as customers in preparing an offer to purchase the boat and doing those things necessary to affect the sale.

 

5. Owner acknowledges that North Point Watersports may represent prospective buyers as clients, which may result in North Point Watersports being a dual agent representing both Owner and purchaser. Should this occur, North Point Watersports will not disclose any confidential information provided by the Owner without prior consent from Owner.

 

6. North Point Watersports is authorized to prepare all necessary information describing the boat and to distribute same to other sales people; to make arrangements for prospective purchasers to inspect the boat; and to receive all offers from prospective purchasers for the transmittal to Owner.

 

7. The initial term of this agreement shall be for 60 days from the date of execution. This agreement is automatically extended for one (1) successive term of thirty (30) days until Owner shall notify North Point Watersports in writing of Owner’s desire to terminate this agreement at least ten (10) days prior to the expiration of the then current term. This agreement shall end 90 days after execution. Any changes to this agreement must be made in writing by the Owner.

 

8. The commission rate for the sale of Owner’s boat is a minimum of ten percent (10%) of the actual selling price. Owner agrees to accept selling price less ten percent (10%) (if no prior agreed upon net proceeds are specified in paragraph B), or prior agreed upon net proceeds (see paragraph B) if prior agreed upon price is specified. North Point Watersports shall be authorized to split said commissions with any other sales person, but shall not be required to do so.

 

9. During the period of this agreement, Owner forfeits the right to sell said boat privately. Should Owner sell said boat privately, Owner shall pay North Point Watersports the aforementioned minimum commission in full (see paragraph H).

 

10. Should Owner sell said boat within sixty (60) days after termination of this agreement to a person who North Point Watersports has shown the boat or otherwise dealt with during the term of this agreement, Owner shall pay North Point Watersports the aforementioned minimum commission in full (see paragraph H).

 

11. Should Owner default in performance of this agreement, or default in connection with an executed agreement to sell said boat, the Owner shall pay North Point Watersports the aforementioned minimum commission in full (see paragraph H), plus any expenses, including attorney’s fees of twenty percent (20%) of the balance due, in connection with the enforcement of this agreement or any sales agreement.

 

12. The terms and provisions of this agreement shall survive the execution of any purchase agreement for the sale or transfer of this boat, except as otherwise agreed in said purchase agreement.

 

13. Owner warrants the accuracy of all representations made by him/her to North Point Watersports in regard to the boat, including all representations made before, or which may be made after execution of this agreement including, without limitations, representations concerning the ownership of the boat and its condition.

 

14. Owner agrees to indemnify and hold North Point Watersports harmless for any damage, liability, or expense of any kind whatsoever arising out of North Point Watersports reliance of any misrepresentation by seller.

 

15. This is a legally binding agreement. If not understood, Owner should seek legal advice. This agreement shall be binding upon the undersigned, their heirs, executors, administrations and assigns.

 

16. North Point Watersports agrees to notify Owner of any offer to purchase the boat. Owner agrees to respond in writing to North Point Watersports with respect to each offer procured by North Point Watersports.

 

17. Owner warrants to North Point Watersports that it has the said right to enter this agreement and to transfer said boat. Owner agrees upon request to discharge any lien on the boat so that a free and clear title can be transferred to the purchaser.

 

18. Owner agrees to immediately sign any document upon request by North Point Watersports in order to carry out the intent of this agreement.

 

19. By entering into this agreement, North Point Watersports does not warrant that it will be able to sell said boat, nor is it agreeing to purchase the boat itself. North Point Watersports warrants that it will use its best efforts to market the boat.

 

20. Owner must maintain own insurance on boat and insurance must remain in force during boat’s storage and/or display by North Point Watersports.

 

21. Owner agrees to hold North Point Watersports harmless for any and all mishaps that may occur during storage and/or on any sea-trial of said boat – including, but not limited to engine, electrical, cosmetic, and/or any mechanical problems. North Point Watersports assumes no responsibility whatsoever for any damage to Owner’s boat during storage and/or sea-trial.

 

22. The failure to insist on any provision in this agreement by North Point Watersports shall not be a waiver of that provision. Any payment required hereunder shall be due immediately in cash, certified or cashier’s check. All used and consigned boats are sold AS IS.

 

23. Owner hereby authorizes North Point Watersports’ Service Department to inspect the vessel for mechanical operation, maintenance requirements, and cleanliness. Any mechanical failure must be repaired in order for the vessel to be listed for sale. The vessel must be cleaned to North Point Watersports’ standards prior to arriving on North Point Watersports’ sales lot or Owner agrees to pay for the vessel to be detailed by the North Point Watersports Detailing Department. All repairs and/or detailing costs will be paid by Owner prior to listing the vessel on consignment.

 

24. If Owner’s vessel is at North Point Watersports during winter months, it is required that Owner will pay to have vessel properly winterized. This includes engine, water tanks, ballast tanks, heaters, etc. Should the owner choose not to winterize vessel, the vessel must be removed from North Point Watersports lot immediately.

 

25. If Owner’s vessel is not picked up immediately upon expiration of this agreement, Owner agrees to pay storage fees of $100.00 per month. Owner agrees to have this charge placed on their credit card at the end of each month. If the agreemend expires during the winter months, Owner agrees to North Point Watersports charging credit card to pay for properly winterizing vessel.

 

26. Owner has the option of selecting enhanced marketing package at his/her expense. Standard marketing package includes placing vessel on the North Point Watersports web site, BoatTrader.com, and Boats.com. Owner has the option of enhanced marketing package via eBay.com. Each eBay listing will cost Owner $65.00 for one week (7 days). All enhanced marketing fees must be paid prior to listing.

 

 

By	____________________	Owner	___________________________
Title	____________________	Co-Owner	___________________________
Team Carolina Marine, Inc. Dba North Point Watersports		Home Phone	___________________________
		Mobile Phone	___________________________
		Work Phone	___________________________
		Email Address	___________________________
		Street Address	___________________________
		City	___________________________
		State	___________________________
		Zip	___________________________
		Credit Card #	___________________________
		Exp. Date	___________________________
		Billing Zip	___________________________
		CV2	___________________________

              PLEASE FILL OUT CONTRACT AND FAX TO DAVE NATKIN      FAX# 704-799-1388

                       QUESTIONS: EMAIL US AT northpointwatersports@gmail.com