Terms and Conditions
1. Terms and Conditions. [Last revised on the 1st of April 2010]
Welcome to MarineAuctions.net, the world’s leading online boat trading community. These Terms and Conditions are intended to assist keep MarineAuctions.net a safe place to trade.
1.1 MarineAuctions.net reserves the right, in its sole discretion, to revise the Terms and Conditions at any time. You are responsible for regularly reviewing the Terms and Conditions on the web sites to become familiar with any changes that may be made from time to time. By using the web sites, you agree to be bound by any revisions of the Terms and Conditions made from time to time. If you do not wish to be bound by such revisions, please do not visit or use the web sites.
1.2 This web site is intended to be a friendly, enjoyable and useful experience, but as with anything concerning any kind of transactions there are risks involved and we strongly advise you to understand all of these Terms before joining. If you spot a listing that you feel is violating the general Terms and Conditions of this web site as stated below please let us know by contacting us.
2. Rights To Remove Images, Suspend, or Terminate.
MarineAuctions.net may in its sole discretion, without notice and at any time, terminate your access to and use of the web sites or any portion thereof, including the removal of images:
a. We believe that you are not abiding by the general Terms of this web site
b. You have repeatedly broken a certain Term
c. You have listed a suspicious item
d. We believe you to be a non paying bidder. In most cases when we suspect foul play we will suspend your account/listing whilst we investigate further. If our investigation is conclusive then your account with us will be terminated.
3.1 No part of the web sites may be reproduced, altered, modified, republished, copied, transmitted or distributed for commercial use, for the creation of derivative works, or for public display in any form or by any means, except as otherwise permitted by these Terms and Conditions or any place else on this web site. Nothing contained in the Terms and Conditions or on the web sites shall be construed as conferring any license or right, expressly, by implication, by estoppels or otherwise, under any of MarineAuctions.net intellectual property rights, or under any third party's intellectual property rights.
3.2 MarineAuctions.net will aggressively enforce its intellectual property and other legal rights to the fullest extent of the law, and will seek damages, injunctive relief, attorney's fees and criminal prosecution where appropriate.
4. You’re Conduct
4.1 You are solely responsible for the contents of your actions through this web site. You must ensure that your participation in the selling or buying of items does not violate any applicable laws or regulations. By this we mean that you must check that you are entitled to sell or buy the relevant item and that you are not prohibited from doing so by any law or regulation.
4.2 You must not transmit through the service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material. You must also not transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulation.
5.1 Membership to this web site is only available to those who can form a legally binding contract. This web site does not permit minors (under 16) to register. If any member fails to signup with their correct age the account will be terminated immediately.
6. General Terms
6.1 This wed site acts as the window for sellers to conduct auctions and for bidders to bid on seller’s auctions. We are not involved in the full transactions between buyers and sellers, MarineAuctions.net do strongly suggest a broker represents a winning bidder. As a result, we have no control over the quality, safety or legality of the items listed the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot and do not control whether or not sellers will complete the sale of items they offer or buyers will complete the purchases of items they have bid on. In addition, note that there are risks of dealing with foreign nationals, underage persons or people acting under false pretence.
6.2 This web site shall not be responsible for any items sold by Auction, for any damage to items during transit or during the inspection period, nor for misrepresentations and/or breaches of contract by either buyer and/or seller. This web site shall not be responsible for the cost of procurement of substitute goods or any losses resulting from any goods purchased or obtained.
6.3 This web site assumes no liability for the content of the listings. However if you fall victim of a fraudulent transaction we will assist you as much as we can.
7. Auction Terms
7.1 On completion of a successful auction, the winning bidder has 3 working days to transfer the required deposit (See also Fees and Accounts). Then the winning bidder has a further 15 working days to complete and carry out any due diligence checks on the vessel. The 15 day, grace period is to ensure the seller has accurately represented his vessel to the successful bidder.
7.2 If at the end of the 15 day, grace period the successful bidder cannot complete the purchase without good reason he will then forfeit his deposit or if the winning bidder has good reason and he has carried out a survey and a major fault(s) have been brought to the winning bidders attention then:
a. The two parties must then re negotiate the purchase price to compensate for the faults to be repaired
b. Cancel the agreement and a full refund of the deposit will be returned.
7.3 If the first winning bidder does not complete any part of his obligations then the second highest bidder is given the opportunity to complete the purchase on the vessel.
8. General Rules
a. All listings, bids or communications made through MarineAucitons.net shall be made in good faith.
b. You must not damage, interfere with or harm the web site or services, or any network, or system underlying or connected to them, or attempt to do so.
c. You may not use a robot, spider, scraper or other automated means to access the web site or information featured on it for any purpose.
d. You shall not list your email address, phone number or any other contact detail within the description of listings, listing comments and/or questions, in your member profile, or in the MarineAucitons.net message boards.
e. Notwithstanding 8.1d above, you may enter your appropriate contact details in the relevant contact detail fields of those listing categories which specifically provide for those details.
f. You must list Auctions and classifieds in USD, EURO or GBP and include the tax status as appropriate in the price. All tax obligations are the responsibility of the seller and/or the buyer (as the parties determine).
g. You must not complete a transaction outside of the MarineAucitons.net process or otherwise seek to avoid MarineAuctions.net success fees. Attempts by you to avoid fees, including through multiple memberships, premature Auction withdrawal, or otherwise, may result in MarineAuctions.net suspending or terminating your membership at the discretion of MarineAuctions.net.
h. Contracts for the sale of vessels must be in writing to be legally enforceable.
i. You must not use the services or the web site to promote items for sale outside the services.
j. You are responsible for any Auctions taken through your membership. MarineAuctions.net memberships are not transferable and therefore cannot be sold, leased, lent or traded.
8.2 Your obligations as a seller
a. You will only enter listings that are accurate, current, complete, and include all relevant information about the terms of sale. You must list an item in one category only which must be the most appropriate category for your item.
b. You will only place listings for items that exist and are to be sold. You will not list items that you are not legally entitled to sell or that are not in your possession. You will not sell or offer services.
c. You must ensure you hold the copyright or are otherwise licensed to use any images you add to your listings.
d. When you list an item for Auction on MarineAuctions.net, you should do so with the intention of selling this item through the site. Therefore you should not advertise your item through another forum. If you remove a listing for an Auction you will incur a non-refundable withdrawal fee, regardless of the reason.
e. Your listing may only contain a URL for a web site that contains further information on the item you have listed. This web site must not offer any items for sale, or contain contact details. You must not use MarineAuctions.net listings to promote a business or web site other than one for sale in your listing.
f. You must not manipulate prices through ghost-bidding or assuming multiple roles in a single transaction.
k. For Auctions, you must sell to the highest bidder if the reserve price is met. You must only sell to a bidder who is not the highest bidder after reasonable attempts have been made to contact the winning bidder without success or (7.3)
l. Listings are not pre-screened for content. MarineAuctions.net reserves the right to remove any listing that it deems unsuitable or in breach of the Terms and Conditions.
m. You agree to your email address being supplied to the buyer when your auction closes, and it has reached the reserve to be accepted as a sale.
n. You must agree to assist the successful bidder within reason so he can complete any due diligence checks he chooses so to complete the purchase in the time limit.
o. You are required to ensure that the buyer of the vessel is aware of any security interest.
p. To help maintain quality listings, MarineAuctions.net reserves the right to suspend sellers who list over 100 Auctions per week, where the sell through rate of these Auctions averages less than 10% over four weeks. Sell through rate is calculated as the Auctions sold divided by auctions listed.
8.3 Your obligations as a buyer
a. Your bids are not retractable once the Auction has closed. You must only place a bid if you intend to buy the relevant item at the bid price entered.
b. If you are notified that your bid has been successful, you must complete the transaction in the manner specified. By making a bid, you warrant and represent that you have the legal right to enter into and complete the transaction.
c. You must make full and prompt payment for any item you buy.
d. You agree that the amount of your bid being publicly shown on the MarineAuctions.net web site. You also agree to your email address being supplied to the seller when you win an Auction.
e. If your bid is successful and you do not pay for the item, you will receive a warning from MarineAuctions.net if the seller complains about you. After 3 such complaints, MarineAucitons.net may suspend or terminate your membership.
f. You may not bid on an Auction that has been listed by a family member, flat mate, friend or any member that is personally known to you, in order to raise the price of that Auction.
g. If you use the Buy Now facility you have 3 working days to complete the full fund transfer the sale will be accepted “As is where is” .
9.Fees & Accounts
9.1MarineAuctions.net Listing Fees and Success Fees
a. MarineAuctions.net charges fees for the use of the web site as a venue.
b. MarineAuctions.net current fees are listed on our Site fees page.
c. MarineAuctions.net reserves the right to change the fee rate for any of our services at any time. In the event that we introduce a new service, the fees for that service are effective at the launch of the service, unless otherwise stated.
d. MarineAuctions.net reserves the right to investigate queries regarding the refund of success fees with bidders, other members, internet service providers, and any other relevant party.
e. Before listing an item, you should review MarineAuctions.net fees to ensure you are aware of the fees that you will incur.
f. You must pay the fees immediately upon demand by MarineAuctions.net.
9.2 MarineAuction.net Accounts
a. MarineAuctions.net maintains credit accounts for each member and from which members must pay fees including payment of advance listing options. MarineAuctions.net accounts may not be used for the payment of items sold using the services.
b. You must settle any negative account balance immediately. MarineAuctions.net reserves the right to take action against you to recover outstanding debts. You are liable for all expenses (including legal fees) that MarineAuctions.net incurs when collecting that debt.
c. If your membership is terminated MarineAuctions.net will refund the balance of your credit account, less a $25 manual processing fee that is payable to MarineAuctions.net. If your membership is removed due to breach of our Terms and Conditions it is at our discretion whether you are eligible for a refund. Promotional giveaways of MarineAuctions.net credits, bonus credits, or any free credits gifted to the member on registration will not be refunded.
d. If you have not logged on to the web site for a period of 18 months, any unused balance on your account is forfeited to MarineAuctions.net and your membership will be suspended.
These Terms of Service shall be governed by and constructed in accordance with the laws of England and Wales and any disputes will be decided only by the Courts of England and Wales.