consignment agreement - Hagadone Marine Group
Transcription
consignment agreement - Hagadone Marine Group
CONSIGNMENT SERVICES WH AT H A G A D O N E M AR INE CENTER DOES TO SEL L YOUR BOAT: •Flyers and displays at all 7 facilities 1.Silver Beach Marina 2.Boardwalk Marina 3.Hagadone Marine Center 4.Resort Boat Shop 5.Blackwell Island Marina 6.Coeur d’Alene Resort Plaza Shops 7.Cedars Floating Restaurant •5 full time sales team members to promote and sell, who are extremely well trained in boat selling skills •Advertise Yachts in Northwest Yachting Magazine •Advertising in the Coeur d’Alene Press •Advertising on boattrader.com and craigslist.org •Provide financing options for buyers •Secure titles and payoffs to protect buyers and seller •Provide licensing •Provide boat service inspections for buyers and seller •Provide demonstration rides •Listing on Hagadone Marine web site •Best and only on-the-water sales facility •After-market extended warranties available 1000 S Marina Drive, Coeur d’Alene, ID 83814 ph 208.664.8274 hagadonemarine.com CONSIGNMENT CHECK LIST Copy of Driver’s License Proof of insurance Copy of Boat & Trailer Title Copy of Boat Registration Mechanical inspection Storage arrangements Cleaning arrangements NADA appraisal Pictures of boat Signed and dated agreement Owners packet Option list / items included with boat All fees paid Lien holder / authorization for payoff Power of Attorney Release of interest - boat Release of interest - trailer Listing Agent: Date: Customer: Date: 1000 S Marina Drive, Coeur d’Alene, ID 83814 ph 208.664.8274 hagadonemarine.com CONSIGNMENT OFFER AND ACCEPTANCE Date: Boat Make: Salesperson: Model: Vessel HIN#: Motor: Serial#: Trailer Make: Serial#: Model: Consignment Offer $ Deposit $ Contingencies: Purchaser: Date: Seller: Date: 1000 S Marina Drive, Coeur d’Alene, ID 83814 ph 208.664.8274 hagadonemarine.com CONSIGNMENT AGREEMENT This Listing Agreement (this “Agreement”) defines the terms and conditions whereby Hagadone Hospitality Co. dba Hagadone Marine Center (hereafter “Dealer”), agrees to manage the sale of the vessel and trailer described below on behalf of the undersigned owner/agent (hereafter “Owner”). 1. Owner hereby appoints Dealer, as Owner’s exclusive agent for the purposes of offering the vessel described below (hereafter the “Vessel”) for sale and managing the sale of the Vessel together with any trailer, all gear, machinery, furnishings and other articles belonging to the Vessel, whether or not now on board. The Vessel shall be sold for the asking price listed below, or any other gross selling price (hereafter the “Gross Selling Price”) as determined by the Owner, in the Owner’s sole discretion. 2. Owner agrees to provide; photographs, drawings and other detailed information to the Dealer; to provide convenient and reasonable access to the Vessel so that sales persons and other dealers may show the Vessel when Owner and Owner’s guests are not aboard; to keep Dealer informed of changes in location, price, condition, inventory or specifications of the Vessel; to arrange for all appointments and offers made by anyone to be made only through the listing Dealer; to provide Vessel registration and proof of ownership at time of sale; and to execute the customary purchase agreement in the event Dealer finds a buyer for the Vessel. 3. The term of this Agreement is four (4) months, and thereafter on a month to month basis, until the Vessel is sold, unless terminated by either party giving thirty (30) days written notice. 4. Dealer agrees to prepare a complete and descriptive listing report and/or brochure for distribution to prospective buyers and other dealers who may represent potential buyers, to answer any and all inquiries, and to present, without exception, all offers to Owner for serious consideration. Owner agrees that Dealer is providing a valuable service in the distribution of information and the marketing of Owner’s vessel. Therefore, Dealer is authorized and directed to distribute information describing the Vessel by any and all reasonable means including, but not limited to, advertising and distribution on a regular and continuous basis through electronic listing services of which the Dealer is a member. 5. Owner authorizes Dealer and Dealer’s agents and employees to board and demonstrate the Vessel to prospective buyers. 6. Owner acknowledges and warrants that the Vessel will be transferred to the buyer free and clear of any and all debts, claims and liens. Owner expressly agrees to make direct payment to any person or entity holding a lien in the Vessel to satisfy such lien holder. 7. Owner warrants that the description and representation of said Vessel appearing in the specification sheet are true and accurate. Owner agrees to hold Dealer and Dealer’s agents and employees, harmless from damages arising from any alleged misrepresentation of fact made to a prospective buyer, so long as the alleged misrepresentation conforms to the data furnished by Owner. Owner further warrants and represents that the Vessel and equipment conforms to all U.S. Coast Guard rules and regulations. Owner, prior to listing, will be required to have Vessel inspected by Hagadone Marine Center for a fee of $250 for single engine and $500 for twin engine boats. 8. Owner agrees to pay Dealer a commission of twenty percent (20%) of the Gross Selling Price or $3,000 (whichever is greater), if a buyer is procured whether by Dealer, Owner, or other dealers or anyone else who is ready and willing to buy, trade, or exchange any interest in the Vessel. This Agreement supersedes all other prior listing agreements which may have been entered into for the sale of this Vessel. 9. Owner shall pay commission specified in paragraphs eight (8) and twenty (20) should Owner, or anyone else, within three (3) months after the date of termination of this Agreement, sell or transfer the Vessel, by trade or otherwise, to a buyer to whom listing information has been provided by Dealer during the term of this Agreement. 10. If a cooperative brokerage situation occurs, whereby the listing Dealer is not the selling dealer, the Owner agrees to pay the listing Dealer and the selling dealer a total commission of twenty percent (20%), or $3,000 (whichever is greater). 11. It is specifically understood and agreed that Dealer does not assume and is not delegated, care custody or control of the Vessel by reason of this Agreement. In the event the Vessel is stored at Dealer’s premises, Dealer is not responsible for damages, loss or theft of any kind to the Vessel or her gear or equipment. Owner shall carry all necessary or desirable insurance and, upon request, shall provide Dealer with a copy of any insurance policy. Unless otherwise agreed to in writing, Owner shall be solely responsible for all applicable storage and marina handling charges. Owner shall provide copies of titles and registration for Vessel and trailer. 12. This Agreement shall be construed in accordance with the laws of the State of Idaho. Any legal action relating to this Agreement shall be brought in the Kootenai County District Court, for the State of Idaho. 13. In the event that interpretation or enforcement of terms or conditions of this Agreement are subject to litigation or arbitration, the prevailing party shall be entitled to all reasonable attorneys fees, court costs, and other cost of collection. 14. Owner acknowledges having read and understood the terms of this Agreement. 15. In the event a sale is not consummated because of Owner’s failure to perform, then the full commission shall be due and payable upon such failure. If a sale is not consummated because of buyer’s failure to perform, and all or any portion of the buyer’s deposit is forfeited, Owner agrees that the amount forfeited shall be deemed liquidated damages and shall first be applied to pay all expenses incurred by Dealer in attempting to sell the Vessel (including but not limited to appraisals, surveys and haul-out fees) and the remainder shall be divided equally between Dealer and Owner, provided that Dealer’s share shall not exceed the commission set forth in this Agreement. 16. This Agreement constitutes the entire agreement between the parties, and any other representations, warranties, guarantee of sale or other premises of any kind are superseded by this Agreement. 17. This Agreement shall inure to the benefit of and shall be binding upon the parties’ heirs, executors, successors and assigns. 18. Seller’s funds will be distributed 7 to 10 business days after final payment is received. 19. A $300.00 nonrefundable consignment fee will be required. 20. If this is a Net listing disregard item 8. Net list Amount $ 21. Your boat will automaticly be cleaned, freeze protected, stored and have charges assesed unless other arrangements are made. VESSEL DESCRIPTION Year: Make: Model: Length: Vessel HIN#: Vessel Name (if any): State of Registration: Vessel Registration ID#: Listing Price: $ Net to Seller: Engine Hours: Lien holder information (attach separate pages for additional lien holders): Location: Lien holder name: Phone: Loan #: Lien holder address: Lien balance: City: State: ZIP: Boat Location: Boat Special Options: TRAILER DESCRIPTION Year: Make: Model: VIN: License Plate No: NADA Values Low Average High Extra Items that stay with Vessel OWNER INFORMATION (as shown on Vessel and Trailer certificate of title): Name: Address: City: State: ZIP: Home phone: Business phone: Email: Fees Paid YES LISTING AGENT Date Name: Consignment / Inspection fees Paid $ Signature of Owner Date 1000 S Marina Drive, Coeur d’Alene, ID 83814 Submit Title: ph 208.664.8274 fax 208.292.5696 WHY CHOOSE HAGADONE MARINE GROUP? PAUL NEILSEN SCOTT GOOKSTETTER BRET O’BRIEN CHRIS CRAIG MATT LAMB H E R E’ S WH Y WE’ R E TH E BEST BROKERAGE TO SEL L YOUR BOAT: An experienced and professional sales team that knows how to sell An established tradition of world-class quality sales and service A reputation for quality brokerage listings – the key to attracting the most and best prospective buyers Maximum exposure through a powerful mix of showroom, online and media presence The largest on-water dealership in the Inland Northwest Top 100 Boat Dealers in America by Boating Industry magazine EX P E R I E N C E D B R O K ER A G E TEA M A W ORL D- CL ASS REPUTATION We specialize in friendly individuals with a strong As part of the Hagadone Marine Group, we enjoy an background in the marine business. One look at the excellent reputation for our work. From start to finish, complimentary testimonials that flood our office, and every one of our brokerage transactions is held to the you’ll see why our team stands head and shoulders highest standards. above the rest. MAXIMUM EXPOSURE Q U A L I T Y B R O K ER A G E LISTIN GS We have a top-quality showroom with high visitor Based on our successful sales record, we know that traffic, strategically positioned in a marina setting the key to attracting the most and best prospective packaged with other boat services. We showcase our buyers is through quality listings. Hagadone Marine sales inventory at the top five most popular boating Center is proud to be the regional dealer for these areas on Lake Coeur d’Alene. We also run a steady premier lines – Carver, Cobalt, Malibu, Axis, Regal stream of print and online advertising featuring our and Harris FloteBote. inventory – all with one goal – to sell your boat. 1000 S Marina Drive, Coeur d’Alene, ID 83814 ph 208.664.8274 hagadonemarine.com WHY CHOOSE HAGADONE MARINE GROUP? OU R MARKETING DIF F ERENCE At Hagadone Marine Center, our highly successful sales team uses a comprehensive world-class marketing program to give you maximum exposure for your boat, and top value for your brokerage experience. LA R G E S T O N - WATER D EA LER A R O U ND HAGADONEMARINE.COM Hagadone Marine Center is the largest on-water boat We believe in online marketing, dealer anywhere in the region – giving us the distinct and we’ve invested significant advantage of more sales professionals, more store resources to ensure we have the traffic, and more marketing abilities than anyone else. best program. Our website and social media – e-mail, Facebook, H O W W E S E L L Y O U R B O AT Our powerful marketing and sales process includes: A full-time, experienced sales team that excels in the art of selling boats; a strong online and social media Linkedin, Flickr, Pinterest and Twitter – keep us in front of the key boating demographic. Our Search Engine Optimization brings more buyers, period. presence; numerous boating events and shows yearround; an in-house marketing, design and public relations firm; high-quality photography; presentation at the three biggest marinas on Lake Coeur d’Alene, along with showing at our on-water dealership facility; and a comprehensive advertising program online and in print. DISPL AYS AT MAJ OR BOATING FA CIL IT IE S We have displays at the 7 major facilities used by boaters on Lake Coeur d’Alene. We market your boat at Silver Beach Marina, Boardwalk Marina, Hagadone Marine Center, Resort Boat Shop, Blackwell Island Marina, Cedars Floating Restaurant and at The Resort B OAT I N G P U B LICATION S Plaza Shops. We advertise in: Northwest Yachting, The Coeur d’Alene Press, CraigsList.org, Boattrader.com and Hagadonemarine.com. TO P 1 0 0 D E A L ER We are proud to be part of the elite Top 100 Dealers in America voted #15 by Boating Industry magazine. Y OU R B E S T BR O K ER A G E R ES O U RC E At Hagadone Marine Center, we work harder, smarter and better to market, show and sell your boat. 1000 S Marina Drive, Coeur d’Alene, ID 83814 ph 208.664.8274 hagadonemarine.com