Center Console - 2002 Cape Horn Offshore Series 21, 21 FT, Yamaha 225HP, SN:FA8211180202 #23367 (E

***DURHAM AUCTIONS, INC. HAS BEEN COMMISSIONED BY COOPER CAPITAL SPECIALITY SALVAGE, LLC TO LIQUIDATE OVER 200 SALVAGE BOATS AND YACHTS AT PUBLIC AUCTION REGARDLESS OF PRICE! THESE BOATS WERE DAMAGED DURING HURRICANE KATRINA. ALL BOATS ARE BEING SOLD "AS-IS, WHERE-IS" WITH NO WARRANTY EXPRESSED OR IMPLIED.***** THIS CONTRACT CONSTITUTES AN AGREEMENT BY THE BUYER THAT HE OR SHE WILL ABIDE BY THE TERMS AND CONDITIONS OF SALE AS SET FORTH BY THE AUCTIONEER AND THE AUCTION COMPANY. 1. ALL BIDDERS ARE REQUIRED TO REGISTER PRIOR TO THE AUCTION. THE AUCTIONEER RESERVES THE RIGHT TO REJECT THE BID OF ANYONE WHO IS NOT A REGISTERED BUYER. 2. AT THE TIME OF SALE, THE BUYER'S NUMBER AND PRICE OF ITEM SOLD IS ANNOUNCED BY THE AUCTIONEER. NO CHANGES IN PRICE OR QUANTITY CAN BE MADE BY ANYONE BUT THE AUCTIONEER, AND AT THAT TIME ONLY. IN ANY DISPUTE OVER PRICE, QUANTITY OF BETWEEN BIDDERS, THE AUCTIONEER RESERVES THE RIGHT TO SETTLE ANY AND ALL SUCH DISPUTES AND HIS DECISION IS FINAL. 3. ANNOUNCEMENTS MADE BY THE AUCTIONEER ON THE DAY OF THE SALE TAKE PRECEDENCE OVER ANY PRINTED MATTER PERTAINING TO THIS AUCTION. DESPITE OUR EFFORTS TO AVOID WITHDRAWAL OF ITEMS FROM THE SALE LIST AFTER THEY ARE ADVERTISED, IT MAY SOMETIMES BE NECESSARY. THEREFORE THE OWNER RESERVES THE RIGHT TO DO SO. 4. REPRESENTATIVES OF THE OWNER WILL ADVISE, TO THE BEST OF THEIR KNOWLEDGE, AS TO THE CONDITION OF THE EQUIPMENT WHEN REQUESTED TO DO SO. ALL DESCRIPTIONS OF ITEMS IN THIS SALE ARE BELIEVED TO BE CORRECT, BUT NO WARRANTY AS SUCH IS EITHER INTENDED OR IMPLIED. BIDDERS ARE RESPONSIBLE FOR CLOSELY CHECKING EACH ITEM. PURCHASER MUST UNDERSTAND THAT HE/SHE IS BUYING THE PROPERTY ENTIRELY UPON HIS/HER OWN EXAMINATION OR OPINION. 5. EACH LOT IS SOLD AS-IS, WHERE-IS, AND WITH ALL FAULTS AND DEFECTS THEREIN. THE ITEM PURCHASED IMMEDIATLEY BECOMES THE RESPONSIBILITY OF THE PURCHASER AT THE TIME IT IS "KNOCKED DOWN" BY THE AUCTIONEER. THERE ARE NO WARRANTIES AS TO THE MERCHANTABILITY OR FITNESS OF USE, EITHER EXPRESSED OR IMPLIED, OF ANY ITEMS IN THIS SALE. 6. AT THE TIME THE AUCTIONEER ACCEPTS THE HIGH BID FOR EACH ITEM, THE OWNERSHIP OF THE ITEM IS IMMEDIATELY TRANSFERRED TO THE PURCHASER. ALTHOUGH SECURITY MEASURES ARE TAKEN BY THE AUCTION COMPANY AND THE OWNER, THE AUCTION COMPANY NOR THE OWNER CAN ACCEPT RESPONSIBLITY FOR SAFEKEEPING OF THE ITEM AFTER THIS POINT. THE ITEM IS THEN THE PROPERTY OF THE HIGH BIDDER AND THE PURCHASER MUST ACCEPT FULL RESPONSIBILITY FOR THE ITEM. THE PURCHASER AT THIS TIME AGREES TO PAY FOR THE ITEM IN FULL. AUCTIONEERS NOTE: BIDDER(S) REFUSING TO PAY IN FULL OR ACCEPT HIGH BID WILL SUSPENDED FROM ALL DURHAM'S FUTURE AUCTIONS AND LEGAL ACTION WILL BE TAKEN. MISSISSIPPI SALES TAX WILL BE CHARGED AT THIS AUCTION UNLESS A COPY OF TAX IDENTIFICATION RESALE NUMBER IS PROVIDED. SALES TAX: Mississippi sales tax will be charged at this auction on all items with the exception of titled vehicles. Individuals or businesses buying for resale must present a copy of the original sales tax number certificate at time of registration. All buyers not presenting this certificate will be charged sales tax. WARRANTY/LIABILTY: Each lot is sold “As-Is, Where-Is” and with all faults and defects therein. The item purchased immediately becomes the responsibility of the purchaser at the time it is “knocked down” by the auctioneer. There are no warranties as to the merchant-ability of fitness of use, year of manufacture, vin or sn, model or make, either expressed or implied, of any items in this sale. Auctioneer will advise bidder to the best of his knowledge as to the condition of the item when requested to do so. Announcements day of sale take precedence over any printed or spoken matter pertaining to this auction. Bidder/Purchaser must understand he/she is buying the property entirely upon his/her own examination of opinion. There is no refund policy at this auction. Upon registering for this sale, a bid deposit must be made. Durham Auctions will contact you with the details. Upon agreement of deposit, your registration request will be processed. All property is sold “AS IS”, and ALL SALES ARE FINAL. Property is open to thorough public inspection. It is the Bidder’s responsibility to determine condition, age, genuineness, value or any other determinative factor. Durham Auctions may attempt to describe the merchandise in advertising, on the Internet and at the auction but makes no representations. In no event shall Durham Auctions be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. Bidder shall be the sole judge of value. Bidders who bid from off site and are not present at the live auction or preview understand and acknowledge that they may not be able to inspect an item as well as if they examined it in person. It is the Bidder’s responsibility to determine condition, age, genuineness, value or any other determinative factor. Durham Auctions shall endeavor to describe in detail each item and any pertinent information about it. Durham Auctions will not be responsible for any errors or omissions in the description of the merchandise unless it is a material and intentional misrepresentation of the item itself. Bidder agrees that everything is sold as is and that they may not return any item they purchase. Durham Auctions is providing Internet pre-auction and live bidding as a service to Bidder. Bidder acknowledges and understands that this service may or may not function correctly the day of the auction. Under no circumstances shall Bidder have any kind of claim against Durham Auctions or anyone else if the Internet service fails to work correctly before or during the live auction. Durham Auctions will not be responsible for any missed bids from any source. Internet bidders who desire to make certain their bid is acknowledged should use the proxy-bidding feature and leave their maximum bid 24 hours before the auction begins. Durham Auctions reserves the right to withdraw or re-catalog items in this auction. ***PLEASE NOTE: Upon registering for this sale, a $500 bid deposit must be made. Durham Auctions will contact you with the details. Upon agreement of deposit, your registration request will be processed.****