|
Click here to download the Agreement in pdf
Boat Selling appointment No:
Date: .../... / 2009
Appointment Of Agent for selling a Vessel between:
- (“The Agent”) Corfu Boat Sales, a division of VRAKOTAS YACHTING LTD Represented by Vasilis Vrakotas of Kontokali, Corfu and TAX REGISTRATION No: 099863410.
- (“The Owner”)Mr/Mrs ................................................................ Address:....................................................................................
Tel.No.:..................................
Fax:........................................ E-mail:.............................................
The Owner agrees to engage The Agent to sell the vessel during the agency period on the terms &
conditions described below and overleaf.
Vessel: Reg:
Vessel Name:
Flag:
Powered By:
Trailer: (if applicable) Reg:
Vat Paid: Yes/No
Including all fixtures, fittings, options and accessories OR as follows and described in a separate page:
Minimum Acceptable Purchase Price.("the Minimum Acceptable Purchase Price") : €
Commission Payable/Fee For Service: Per Clause No: 6.1 OR 6.2 OR 6.3 (strike out whichever is not applicable)
The Agency Period shall expire: Until vessel is sold, to The Owners satisfaction OR... /... / ........
(Inclusive and including any express or implied extension to this period.)
Type Of Agency: Sole and Exclusive OR Non Exclusive, listing to be shared with: ____________________
Special Conditions: Encumbrances’ or Liens:
Nil Finance and to be sold with clear title OR under Finance/Liens with: .........................................
Please Note: A Statutory declaration is also required outlining clear title/any other interests to the vessel.
I have read, understood and agree to be bound by the terms and conditions of this Appointment Of Agent
(Consignment Sale) document. I agree to proceed as indicated.
*Appointment of Agency, Accepted by The Owner:
X ___________________________ Date: / /
*If not signed by the Owner, sign and print name of the Agent authorised to sign this agreement on behalf of the
Owner
Appointment of Agency, Accepted by The Agent:
X ___________________________ Date:... /... / 2009
TERMS AND CONDITIONS OF AGENCY RELATIONSHIP
In consideration of CORFU BOAT SALES A Division of VRAKOTAS YACHTING.LTD (The "Agent") using its best endeavours to sell the subject vessel, the Owner hereby grants to the Agent an agency for the vessel upon the following terms and conditions: -
1. The Owner agrees to insure the vessel and to keep the vessel insured at all times for all risks and further agrees to indemnify and keep indemnified the Agent from all loses incurred by the Agent or claims made against the Agent in relation to the vessel or the Agent's use of the vessel in any way arising from or connected from this agreement.
2. The Owner grants the Agent authority to inspect and sea trial the vessel and otherwise to deal with or use the vessel as the Agent requires in order to sell the vessel.
3. The Owner warrants that the vessel is the Owner's vessel and that the Owner has the right and title to sell the vessel and that otherwise no impediment exists for the sale of the vessel.
4. The Owner agrees to supply a statutory declaration acknowledging that the vessel is unencumbered or stipulating any lien, encumbrance, or other parties that hold an interest in the vessels' ownership.
5. The Owner acknowledges that the vessel includes all fittings, fixtures and trailer (if applicable), unless noted on the face hereof.
6. The Agent is hereby authorised to sell the vessel for a purchase price:
- Which ensures that the Owner receives the Minimum Acceptable Purchase Price as the Owners gross proceeds from the sale. The Agent is hereby authorised to retain his commission/Fee or the difference between the actual purchase price and the Minimum Acceptable Purchase Price as the Agents commission/fee for service on the sale. OR
- The Agent is hereby authorised to sell the vessel for the Minimum Acceptable Purchase Price. The Agent shall be entitled to a payment of either: Percentage Calculation ....... % of the selling price or a fixed rate € ............... previously agreed. ( Delete which payment method is not applicable)
- If the boat is sold below the Minimum Acceptable Purchase price Which will only be done with the owner's approval the agents stated commission will be calculated on the selling price.
7. The Agent will be entitled to a commission as agreed upon pursuant to this Agreement: -
(a) If during the agency period, the vessel is sold by the Agent, by any other Agent or by the Owner.
(b) If during a period of ninety (90) days after termination of this agreement the vessel is sold to a purchaser who is introduced to the vessel during the period of agency whether by virtue of a direct introduction to the vessel by the Agent or not.
(c) In the event that commission structure 6.1. Is selected, and the vessel is sold by the Owner, a representative of the Owner, or another agent, five (5) percent of the Minimum Acceptable Purchase Price, as stated on the face hereof, will be payable to Corfu Boat Sales.
8. The Agent is hereby authorised to pay any moneys owing to any other persons in relation to the vessel directly to such person from the proceeds of the sale particularly any moneys owing to persons holding encumbrances or liens notified on the face hereof.
9. The Owner agrees that any moneys to be paid by any purchaser for the vessel during the term of this agency are to be paid to the agent and held by the agent pending the completion of any agreement with the purchaser and from such moneys the Agent is entitled to deduct any commission and/or any other payments that are to be paid Pursuant to this agreement, after which the Owner will be paid upon clearance of the purchaser’s funds.
10. This Agency shall continue after expiration of the agency period until fourteen (14) days after receipt by the Agent of written
notice from the Owner stating that the agreement is to be terminated.
11. In the event that this agreement is entered into by an agent of the Owner that agent warrants that the authority of the Owner is granted to the Agent to enter into this agreement on behalf of the Owner and that the Agent has the Owner's authority to bind the Owner to the terms and conditions as contained in this agreement. In this regard the agent of the Owner will provideCorfu Boat Sales, any documentation thatCorfu Boat Sales may reasonably require to be satisfied of the agent's appointment by the Owner.
12. The Owner releases and indemnifies the Agent, its servants and agents against (including the cost of defending or settling any action, claim or demand) which may be instituted against the Agent arising out of breach of this agreement by the Owner and/or as a result of defects or deficiencies in the goods supplied to the customer by the Agent on behalf of the Owner under this agreement.
13. Without limiting the provisions of Clause 12, the customer acknowledges and undertakes that it will meet all the costs of all actions, claims and demands of the customer as a result of defects or deficiencies in the goods provided to the customer.
Signed by The Owner: ___________ Signed by The Agent: ___________
|
