These terms and conditions shall apply to the agreement between Yachtcancun.com and the owner(s) of a boat to be listed on the Yachtcancun.com website.
The person completing the details of the boat and equipment as per the website declares that:
- He/she is the owner of the boat or is fully authorised by the owner;
- The boat and equipment as described is all in working order;
- The proof of ownership details relate to the sole owner or all of the joint owners of the boat;
- The boat described is free of all loans, mortgages and encumbrances [if not please complete details of any finance in the proof of ownership section];
- The declared owner holds free and clear title to the described boat;
- The declared owner has full legal right to transfer title to any purchaser;
- The declaration as to VAT/TAX/TEMPORAL IMPORT (Mexico) status is correct;
- The declaration as to RCD status is correct.
The word "owner" shall include joint owners and any person acting with the written authority of the owner or part owners of a boat giving instructions for sale.
By completing the website details the owner instructs Yachtcancun.com to act as Agent for the sale of the described boat upon these terms and conditions.
The owner declares to the best of his knowledge and belief that the particulars completed by the owner are correct, that the boat complies with relevant EC legislation, that he has power to dispose of the vessel with the concurrence of any joint owner or mortgagee or hire purchase company as may be mentioned in the details completed and that all known defects have been declared. The owner agrees to indemnify Yachtcancun.com should any of the information given prove to be incorrect in the event of any claim being proven by a purchaser.
The owner accepts that Yachtcancun.com must qualify any details shown on the website with the following disclaimer:
"In this case we are acting as agents only. The details of the boat have been provided by the owner, or his authorised representative. Yachtcancun.com does not guarantee the correctness of the details. The details are intended as a guide only and they do not constitute a term of any contract. A prospective buyer is strongly advised to check the particulars and where appropriate at his own expense to employ a qualified marine surveyor to carry out a survey and/or to have an engine trial conducted."
The owner agrees to sign a sale contract in the form provided on the website, or amended as agreed, if so required by Yachtcancun.com.
If Yachtcancun.com shall introduce a prospective purchaser for the boat and a sale is completed to such purchaser, the owner agrees to pay 10% commission*, minimum charge of $2,000Usd. on the eventual selling price to Yachtcancun.com S.A de C.V.
* plus Tax if applicable.
On completion Yachtcancun.com may deduct commission and Tax thereon from the proceeds of sale together with any monies due to other parties.
Yachtcancun.com shall hold any deposit or purchase funds in an account designated "client account" and shall distribute the net proceeds of sale as directed by the owner within 7 working days of clearance of the final payment or the provision by the owner of the Certificate of Registry and a properly executed Bill of Sale in favour of the purchaser or his nominee, showing the vessel to be free of encumbrances and, where applicable, on transfer of cleared title whichever is the later.
The owner agrees to advise Yachtcancun.com of any change in the asking price or location of the boat and undertakes that the boat will not be offered at a lower price elsewhere and also undertakes immediately to notify Yachtcancun.com if the boat is withdrawn or sold elsewhere and in the latter case, to advise Yachtcancun.com of the name of the purchaser.
The owner confirms that the boat is insured and will remain insured until acceptance by a purchaser, and such insurance shall cover all viewing and sale arrangements, including slipping for survey and sea trials. The owners shall be responsible for all cleaning, maintenance, berthing, storage and security of the vessel until sold.
Without prejudice to the subsisting rights of Yachtcancun.com or the owner under this agreement either party may terminate this agreement on giving 7 days notice by e-mail at any time to the other.
- This agreement shall terminate if either party goes bankrupt or enters into liquidation whether compulsory or voluntary or compounds with his/its creditors or takes or suffers any similar action in consequence of debt.
- Either party may terminate this agreement forthwith by e-mail to the other if the other party commits a breach of any term of this agreement.
The owner declares that the boat described is offered free of all import duties and other MEX, EU or foreign duties in respect of which, the owner agrees to indemnify Yachtcancun.com.
The agreement between the owner and Yachtcancun.com shall be construed according to and governed by the laws of Mexico and the parties submit to the jurisdiction of the Courts of Mexico.