Offer Terms and Conditions
These Offer Terms and Conditions govern the offer submitted through the Yachtoffer.com Website.
1. Definitions
a. Acceptance Date means the date on which the offer is deemed accepted by Seller, which shall be ten (10) days following the date of submission of the offer, unless otherwise agreed in writing by the Parties.
b. Business Days means any day other than a Saturday, Sunday, or legal holiday.
c. Closing means the completion of the purchase and sale of the Vessel, including the transfer of ownership and any required deliverables.
d. Closing Date means the date thirty (30) days after the Acceptance Date on which Closing shall occur.
e. Deposit means an amount deposited by Offeror with Galati Yacht Sales to be applied to the Purchase Price.
f. Encumbrances means all debts, claims, maritime or common law liens, security interests, encumbrances, excise taxes, and any other applicable taxes, customs’ duties, or tariffs due to any state, country, regulatory and/or taxing authority of any kind whatsoever.
g. Galati Yacht Sales Affiliates and Representatives means Galati Yacht Sales, its affiliates, and each of their respective officers, directors, employees, agents, successors, and assigns.
h. Party means Offeror or Seller, and Parties means the Offeror and Seller together.
i. Seller means the Vessel owner listed on the offer acceptance form.
j. Vessel refers to the vessel on the Yachtoffer.com Website listing and as identified on the offer.
k. Vessel Information Materials means the documents, records, information, and other materials made available to Offeror.
l. Yachtoffer.com Website means the website provided by Galati Yacht Sales, LLC at: https://Yachtoffer.com.
2. Deposit
In order to submit an offer, Offeror is required to submit a Deposit to an account as directed by Galati Yacht Sales as a deposit toward the Purchase Price to be held subject to these Offer Terms and Conditions.
3. Offeror Due Diligence
Prior to submitting an offer on the Vessel, it is the Offeror’s responsibility to read and review the information contained in the Vessel listing on the Yachtoffer.com Website, including the Vessel Information Materials provided, and perform any investigations and due diligence Offeror deems pertinent to the purchase of the Vessel.
OFFEROR ASSUMES ANY AND ALL RISKS ASSOCIATED WITH ITS DUE DILIGENCE ACTIVITIES.
Galati Yacht Sales Affiliates and Representatives assume no liability for errors or omissions in any Vessel Information Materials, content contained in the Vessel listing on the Yachtoffer.com Website, or any additional information provided by Sellers, or any other Vessel listings or advertising, promotional or publicity statements and materials.
The Galati Yacht Sales Affiliates and Representatives are not liable for any manner by any oral or written statements, representations or information pertaining to the Vessel, or the operation thereof, made or furnished.
4. Offer and Acceptance
a. This offer submitted by Offeror shall be deemed a binding offer to purchase the Vessel pursuant to the terms and conditions set forth herein. Seller may accept this offer by communicating to Galati Yacht Sales in a manner set forth on the Yachtoffer.com Website. Unless Seller accepts the offer and Offeror receives such acceptance on or before ten (10) days from the date the offer is received, Offeror’s offer to purchase the Vessel shall be deemed revoked.
The offer shall become a binding contract upon acceptance by Seller. Seller’s acceptance is expressly limited to the terms and conditions set forth herein. Any additional or different terms proposed by Sellers in any response, confirmation, or other communication shall be deemed material alterations and are hereby objected to and rejected unless expressly agreed to in a signed writing by Offeror.
b. In the event Galati Yacht Sales believes the offer:
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(i) has not been made in good faith and in accordance with these Offer Terms and Conditions or the Website Terms of Use; or
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(ii) is intended to manipulate Galati Yacht Sales’ Yachtoffer.com Website,
Galati Yacht Sales may void the offer, whether accepted by Seller or not.
5. Risk of Loss; Closing
a. Seller will bear the risk of loss of or damage to the Vessel prior to Closing. If the Vessel is damaged subsequent to Seller’s acceptance of the offer and the necessary repairs will cost less than five percent (5%) of the Purchase Price and require fewer than thirty (30) days to complete, then:
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Seller must repair the damage prior to Closing in accordance with sound marine practices to the standard of the Vessel immediately prior to the damage and Offeror may inspect such repair,
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Offeror must pay the remaining balance and take delivery of the Vessel as repaired, and
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the Closing will be extended by the length of the repair period.
If the Vessel is damaged to a greater extent subsequent to Seller’s acceptance of the offer, either Offeror or Seller may terminate the transaction.
b. The Closing shall occur on the Closing Date, at 801 Seabreeze Blvd, Fort Lauderdale, Florida 33316, unless otherwise agreed in writing by the Parties.
Offeror shall arrange for all funds due by the Closing. The transfer of the Vessel’s ownership will take place after payment of all funds due from the Offeror and delivery of originals of all other documents necessary for transfer of good and marketable title to Offeror as designated by Galati Yacht Sales.
Seller represents and warrants that it will transfer to Offeror good and marketable title to the Vessel, free and clear of Encumbrances.
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6. Financing
7. Default
8. Offeror Representations and Warranties
9. Indemnification
10. Limitation of Liability
11. Disclaimer of Warranties
12. Brokers
13. Confidentiality
14. Force Majeure
15. Governing Law; Arbitration; Waiver of Trial by Jury
16. Miscellaneous
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Offer Terms and Conditions
These Offer Terms and Conditions govern the offer submitted through the Yachtoffer.com Website.
1. Definitions
a. Acceptance Date means the date on which the offer is deemed accepted by Seller, which shall be ten (10) days following the date of submission of the offer, unless otherwise agreed in writing by the Parties.
b. Business Days means any day other than a Saturday, Sunday, or legal holiday.
c. Closing means the completion of the purchase and sale of the Vessel, including the transfer of ownership and any required deliverables.
d. Closing Date means the date thirty (30) days after the Acceptance Date on which Closing shall occur.
e. Deposit means an amount deposited by Offeror with Galati Yacht Sales to be applied to the Purchase Price.
f. Encumbrances means all debts, claims, maritime or common law liens, security interests, encumbrances, excise taxes, and any other applicable taxes, customs’ duties, or tariffs due to any state, country, regulatory and/or taxing authority of any kind whatsoever.
g. Galati Yacht Sales Affiliates and Representatives means Galati Yacht Sales, its affiliates, and each of their respective officers, directors, employees, agents, successors, and assigns.
h. Party means Offeror or Seller, and Parties means the Offeror and Seller together.
i. Seller means the Vessel owner listed on the offer acceptance form.
j. Vessel refers to the vessel on the Yachtoffer.com Website listing and as identified on the offer.
k. Vessel Information Materials means the documents, records, information, and other materials made available to Offeror.
l. Yachtoffer.com Website means the website provided by Galati Yacht Sales, LLC at: https://Yachtoffer.com.
2. Deposit
In order to submit an offer, Offeror is required to submit a Deposit to an account as directed by Galati Yacht Sales as a deposit toward the Purchase Price to be held subject to these Offer Terms and Conditions.
3. Offeror Due Diligence
Prior to submitting an offer on the Vessel, it is the Offeror’s responsibility to read and review the information contained in the Vessel listing on the Yachtoffer.com Website, including the Vessel Information Materials provided, and perform any investigations and due diligence Offeror deems pertinent to the purchase of the Vessel.
OFFEROR ASSUMES ANY AND ALL RISKS ASSOCIATED WITH ITS DUE DILIGENCE ACTIVITIES.
Galati Yacht Sales Affiliates and Representatives assume no liability for errors or omissions in any Vessel Information Materials, content contained in the Vessel listing on the Yachtoffer.com Website, or any additional information provided by Sellers, or any other Vessel listings or advertising, promotional or publicity statements and materials.
4. Offer and Acceptance
a. This offer submitted by Offeror shall be deemed a binding offer to purchase the Vessel pursuant to the terms and conditions set forth herein.
b. In the event Galati Yacht Sales believes the offer has not been made in good faith, in accordance with these Offer Terms and Conditions or the Website Terms of Use, or is intended to manipulate Galati Yacht Sales’ Yachtoffer.com Website, Galati Yacht Sales may void the offer, whether accepted by Seller or not.
5. Risk of Loss; Closing
a. Seller bears the risk of loss or damage prior to Closing. If repairs are under 5% of the Purchase Price and fewer than 30 days, Seller must repair and Closing is extended. If greater, either Party may terminate.
b. Closing occurs on the Closing Date at 801 Seabreeze Blvd, Fort Lauderdale, FL 33316, unless agreed otherwise. Seller must provide clear title and documents.
c. Offeror must pay all applicable taxes, duties, and tariffs.
d. Galati Yacht Sales may delay or void Closing for fraud, sanctions, or compliance reasons.
e. Galati Yacht Sales or Seller may rescind the sale if Offeror’s warranties are breached.
6. Financing
Offeror’s obligations are not contingent upon financing.
7. Default
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If Offeror defaults (fails to pay or close), Deposit is retained as liquidated damages.
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If Seller defaults, Deposit is returned or Offeror may seek specific performance.
8. Offeror Representations and Warranties
Offeror warrants:
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Legal authority to enter agreement.
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Sufficient funds to close.
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No conflicts with contracts or laws.
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Proper organizational standing (if entity).
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No undisclosed brokers.
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Not under investigation or sanctions.
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Funds are not tied to criminal activity.
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Compliance with anti-money laundering and anti-bribery laws.
9. Indemnification
Offeror indemnifies Galati Yacht Sales and Seller against claims, losses, or damages arising from Offeror’s breach, misconduct, or violations.
10. Limitation of Liability
No Party is liable for indirect or consequential damages. Galati Yacht Sales’ liability is capped at $100, except in cases of fraud.
11. Disclaimer of Warranties
Vessel is sold “AS IS” and “WITH ALL FAULTS.”
No warranties, expressed or implied, including fitness or merchantability.
12. Brokers
Offeror consents to Galati Yacht Sales acting as dual-agent. Offeror represents no other broker involvement.
13. Confidentiality
Offeror may not disclose these terms except to advisors on a need-to-know basis or as required by law.
14. Force Majeure
Neither Party is liable for delays caused by events beyond control (e.g., acts of God, war, terrorism, pandemics). If delay exceeds 60 days, either Party may terminate.
15. Governing Law; Arbitration; Waiver of Jury Trial
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Governed by Florida law.
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Disputes resolved by arbitration in Broward County, Florida, under International Yacht Arbitration Council.
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Waiver of trial by jury.
16. Miscellaneous
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Severability: Invalid provisions do not affect the rest.
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Amendments: Only by written agreement.
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No Waiver: Delay in exercising rights does not waive them.
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Assignment: Cannot assign without consent.
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Third-Party Beneficiaries: Galati Yacht Sales is a beneficiary.
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Notices: Must be in writing, delivered in person, by mail, courier, fax, or email with confirmation.
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Headings: For convenience only.