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boat details
2007 Malibu
Estimated price for orientation: 18 100 $
Category: Ski and Wakeboarding Boats
Class:
Description Condition: Used For Sale By: Dealer Hull: Fiberglass Year: 2007 Fuel Type: Gas Mileage: 0 Trailer: Included Make: Malibu Fuel Capacity: 51-75 Engine Type: 5.7L 350CID V8 Length: 21'1'' - 22' Engine Make: Other Type: Ski/Wakeboard
Terms and Conditions For Boat Sales - Goliath Marine Group, LLC All sales made by Goliath Marine Group, LLC (“Seller”) are subject to the terms and conditions set forth herein. Seller hereby objects to any additional or different terms and conditions proposed by Buyer. Any such proposed terms and conditions shall be void, and the terms and conditions herein shall constitute the complete and exclusive statement of the terms and conditions of any transactions between the parties. When used in these terms and conditions, the word “Item(s)” or “item(s)” means the boats sold to Buyer pursuant to any Purchase Orders executed between Buyer and Seller. Forms of Payment. Acceptable forms of payment are limited to the following: Cash, certified/official bank checks (once cleared), third-party financing and/or wire transfers. All funds must be in US Dollars only. Seller can assist with arrangements for third-party financing. Deposits. Deposits, in the amount of $500.00 if the purchase price of the item(s) is under $50,000.00; or, if the purchase price exceeds $50,000.00, then in the amount of ten percent (10%) of the purchase price, may be required, in the sole discretion of the Seller, and are always non-refundable. All Item(s) remain available for sale until Deposit, where applicable, or Full Payment is received by Seller. Please do not place a deposit on any Item unless you intend to purchase the Item. Deposits are generally only permitted if Seller, in its sole discretion, deems it appropriate for Buyer to have additional time to arrange for funds availability, financing, inspection etc. Failure to complete a transaction within five (5) business days of Buyer’s initial deposit will result in the forfeiture of Buyer’s deposit. Completing a transaction includes, where applicable, Buyer’s completion of any financing arrangements necessary to ensure that Seller is compensated in full for the Item(s). Payment as a Condition Precedent. All funds must be remitted in full and/or all financing arrangements must be completed in full prior to the release of any item(s). No release of any Item will occur until Seller is fully and finally satisfied with the completion of the transaction. Once a transaction has been finalized, Seller will provide to Buyer all documentation mandated by the State of Florida. Additional Taxes and Fees. Buyer is responsible for a documentation fee totaling $299.00 for each boat purchased. This fee cannot be waived Buyer is responsible for all federal, state, county and local taxes and/or title fees and/or registration fees required by the jurisdiction(s) in which Buyer registers and titles the item(s). Buyer is responsible for all expenses, taxes, and fees, including for any export licenses and/or customs duties, should Buyer export the boat outside of the United States. Boat Condition and Inspection. Seller has made all reasonable efforts accurately to describe the Item(s) and accurately to disclose all known information regarding the Item(s). Seller deliberately never describes an Item as being “in perfect condition”. Buyer should expect scratches, scuffs, and other wear-and-tear consistent with the age and previous usage of the Item(s). Seller will provide to Buyer only those keys, books, covers, canvasses, snap-in carpets, or the like that Seller obtained when it obtained the Item(s). Item(s) will not be accompanied by detailed service records, except where such records exist and are in the possession of the Seller. Seller’s descriptions and disclosures are not a substitute for an independent inspection, which Buyer may perform, at Buyer’s expense, on Seller’s premises, or at a third-party location in Sarasota County, FL that is agreeable to Seller. Post-inspection repairs, adjustments, or concessions, if any, will be made at Seller’s sole discretion. Buyer’s sole remedy in the event of a disagreement about post-inspection repairs, adjustments, or concessions is to petition Seller for a refund of Buyer’s deposit, if any deposit was made, which refund shall be granted at Seller’s discretion. Shipping Charges. Buyer is responsible for all shipping charges. Unless otherwise specified, shipping charges are not included in the price of the Item(s). All Item(s) are shipped FOB Seller’s location, and Seller is not liable for any damages incurred after the Item(s) leave Seller’s location. Buyer’s sole remedy in the event of damages incurred during shipping is to seek restitution from the shipper. In no event shall Seller be held liable for any delays in Buyer’s receipt of the Item(s). Buyer’s sole remedy in the event of any delays is to seek restitution from the shipper. Warranties. All Item(s) are sold as-is, where-is, with no warranty, whether expressed, written or implied. Seller expressly disclaims responsibility for any defects, whether known or latent. No allowance or set aside will be made on account of any defects or damage. All descriptions of Item(s) provided by the Seller are for informational purposes only and do not constitute a warranty of any kind. Seller also neither guarantees nor warrants that the Item(s) will pass any federal, state or local inspections. If still valid, the Original Manufacturer’s Warranty (“OMW”) may apply to the Item(s), but said OMW is enforceable by Buyer only against the Original Manufacturer, and in no event is it enforceable against the Seller. No Indemnities Buyer agrees that neither Seller nor any of its respective directors, officers, personnel, successors, or assigns shall be responsible for any expenses, damages, awards, claims, actions, demands, losses, liabilities and causes of action (including, but not limited to, attorneys' fees and expenses) arising out of or related to: a negligence claim, a strict liability claim, or another claim involving the design, manufacturer, refurbishment, or misuse of the Items. General 9.1 Binding Effect. These Terms and Conditions will be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. 9.2 Governing Law. The laws of the State of Florida, without giving effect to its conflicts of law principles, govern all matters arising out of or relating to these Terms and Conditions, including, without limitation, its validity, interpretation, construction, performance, and enforcement. The provisions of the United Nations Convention on Contracts for the International Sale of Goods do not apply to these Terms and Conditions. 9.3 Disputes. The parties agree that all disputes between them must be addressed in accordance with the terms of the accompanying Arbitration Agreement. 9.4 Notices. Any notice required or permitted under these Terms and Conditions is to be given in writing and is deemed effectively given: (a) upon personal delivery to the party to be notified; (b) upon confirmation of receipt by fax by the party to be notified; (c) upon delivery via United States Registered Mail or, (d) deposit with a reputable overnight courier, prepaid for overnight delivery and addressed as set forth in this section and upon confirmation of delivery by said courier. Any notice required to be given to a party under these Terms and Conditions are to be delivered to the following addresses, or any other addresses designated by the parties by notices delivered in accordance with this section: If to Seller: Goliath Marine Group, LLC
Attn: Joseph Bartel
6265 E. Sawgrass Road
Sarasota, FL 34240 If to Buyer: INSERT NAME
INSERT ADDRESS 9.5 No Waiver. The failure of a party to enforce a provision or to exercise a right under these Terms and Conditions shall not be considered a general waiver. The express waiver of a provision is to be effective only in the specific instance, and as to the specific purpose, for which it was given. 9.6 Severability. If any provision of these Terms and Conditions is determined to be invalid, illegal or unenforceable, the remaining provisions of these Terms and Conditions remain in full force and effect. 9.7 Section Headings and Captions. The section headings and captions contained in this Terms and Conditions are for convenience only and do not affect the construction or interpretation of any provision herein. 9.8 Remedies. Unless stated otherwise, all remedies provided for in these Terms and Conditions Agreement are to be cumulative and in addition to, not in lieu of, any other remedies available to either party at law, in equity or otherwise. 9.9 Non-Agency. Nothing in these Terms and Conditions, and no conduct, communication, trade practices, or course of dealing, shall be interpreted or deemed to create any partnership, joint venture, association, agency, syndicate, or fiduciary relationship between the parties or their subsidiaries or affiliates. Nothing in these Terms and Conditions gives either party the right, power, or authority to make any statements, commitments, or agreements that bind the other party. 9.10 Entire Agreement. These Terms and Conditions are intended by the Buyer and Seller as a final expression of their agreement and are intended also as a complete and exclusive statement of the terms and conditions of Buyer’s Purchase Order(s). No amendment, waiver or modification of these Terms and Conditions is binding unless in writing and signed by authorized representatives of both parties. 9.11 Signatures. Facsimiles, photocopies or other electronic reproductions or copies of original signatures are deemed as legally enforceable as the originals thereof. 9.12 Survival. Upon termination or expiration of these Terms and Conditions for any reason, any section that by its nature should survive this Agreement will survive and continue in effect and be binding upon the parties, including, without limitation, Sections 7 and 8.
Description
Condition: | Used | For Sale By: | Dealer |
Hull: | Fiberglass | Year: | 2007 |
Fuel Type: | Gas | Mileage: | 0 |
Trailer: | Included | Make: | Malibu |
Fuel Capacity: | 51-75 | Engine Type: | 5.7L 350CID V8 |
Length: | 21'1'' - 22' | Engine Make: | Other |
Type: | Ski/Wakeboard |
Terms and Conditions For Boat Sales - Goliath Marine Group, LLC All sales made by Goliath Marine Group, LLC (“Seller”) are subject to the terms and conditions set forth herein. Seller hereby objects to any additional or different terms and conditions proposed by Buyer. Any such proposed terms and conditions shall be void, and the terms and conditions herein shall constitute the complete and exclusive statement of the terms and conditions of any transactions between the parties. When used in these terms and conditions, the word “Item(s)” or “item(s)” means the boats sold to Buyer pursuant to any Purchase Orders executed between Buyer and Seller. Forms of Payment. Acceptable forms of payment are limited to the following: Cash, certified/official bank checks (once cleared), third-party financing and/or wire transfers. All funds must be in US Dollars only. Seller can assist with arrangements for third-party financing. Deposits. Deposits, in the amount of $500.00 if the purchase price of the item(s) is under $50,000.00; or, if the purchase price exceeds $50,000.00, then in the amount of ten percent (10%) of the purchase price, may be required, in the sole discretion of the Seller, and are always non-refundable. All Item(s) remain available for sale until Deposit, where applicable, or Full Payment is received by Seller. Please do not place a deposit on any Item unless you intend to purchase the Item. Deposits are generally only permitted if Seller, in its sole discretion, deems it appropriate for Buyer to have additional time to arrange for funds availability, financing, inspection etc. Failure to complete a transaction within five (5) business days of Buyer’s initial deposit will result in the forfeiture of Buyer’s deposit. Completing a transaction includes, where applicable, Buyer’s completion of any financing arrangements necessary to ensure that Seller is compensated in full for the Item(s). Payment as a Condition Precedent. All funds must be remitted in full and/or all financing arrangements must be completed in full prior to the release of any item(s). No release of any Item will occur until Seller is fully and finally satisfied with the completion of the transaction. Once a transaction has been finalized, Seller will provide to Buyer all documentation mandated by the State of Florida. Additional Taxes and Fees. Buyer is responsible for a documentation fee totaling $299.00 for each boat purchased. This fee cannot be waived Buyer is responsible for all federal, state, county and local taxes and/or title fees and/or registration fees required by the jurisdiction(s) in which Buyer registers and titles the item(s). Buyer is responsible for all expenses, taxes, and fees, including for any export licenses and/or customs duties, should Buyer export the boat outside of the United States. Boat Condition and Inspection. Seller has made all reasonable efforts accurately to describe the Item(s) and accurately to disclose all known information regarding the Item(s). Seller deliberately never describes an Item as being “in perfect condition”. Buyer should expect scratches, scuffs, and other wear-and-tear consistent with the age and previous usage of the Item(s). Seller will provide to Buyer only those keys, books, covers, canvasses, snap-in carpets, or the like that Seller obtained when it obtained the Item(s). Item(s) will not be accompanied by detailed service records, except where such records exist and are in the possession of the Seller. Seller’s descriptions and disclosures are not a substitute for an independent inspection, which Buyer may perform, at Buyer’s expense, on Seller’s premises, or at a third-party location in Sarasota County, FL that is agreeable to Seller. Post-inspection repairs, adjustments, or concessions, if any, will be made at Seller’s sole discretion. Buyer’s sole remedy in the event of a disagreement about post-inspection repairs, adjustments, or concessions is to petition Seller for a refund of Buyer’s deposit, if any deposit was made, which refund shall be granted at Seller’s discretion. Shipping Charges. Buyer is responsible for all shipping charges. Unless otherwise specified, shipping charges are not included in the price of the Item(s). All Item(s) are shipped FOB Seller’s location, and Seller is not liable for any damages incurred after the Item(s) leave Seller’s location. Buyer’s sole remedy in the event of damages incurred during shipping is to seek restitution from the shipper. In no event shall Seller be held liable for any delays in Buyer’s receipt of the Item(s). Buyer’s sole remedy in the event of any delays is to seek restitution from the shipper. Warranties. All Item(s) are sold as-is, where-is, with no warranty, whether expressed, written or implied. Seller expressly disclaims responsibility for any defects, whether known or latent. No allowance or set aside will be made on account of any defects or damage. All descriptions of Item(s) provided by the Seller are for informational purposes only and do not constitute a warranty of any kind. Seller also neither guarantees nor warrants that the Item(s) will pass any federal, state or local inspections. If still valid, the Original Manufacturer’s Warranty (“OMW”) may apply to the Item(s), but said OMW is enforceable by Buyer only against the Original Manufacturer, and in no event is it enforceable against the Seller. No Indemnities Buyer agrees that neither Seller nor any of its respective directors, officers, personnel, successors, or assigns shall be responsible for any expenses, damages, awards, claims, actions, demands, losses, liabilities and causes of action (including, but not limited to, attorneys' fees and expenses) arising out of or related to: a negligence claim, a strict liability claim, or another claim involving the design, manufacturer, refurbishment, or misuse of the Items. General 9.1 Binding Effect. These Terms and Conditions will be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. 9.2 Governing Law. The laws of the State of Florida, without giving effect to its conflicts of law principles, govern all matters arising out of or relating to these Terms and Conditions, including, without limitation, its validity, interpretation, construction, performance, and enforcement. The provisions of the United Nations Convention on Contracts for the International Sale of Goods do not apply to these Terms and Conditions. 9.3 Disputes. The parties agree that all disputes between them must be addressed in accordance with the terms of the accompanying Arbitration Agreement. 9.4 Notices. Any notice required or permitted under these Terms and Conditions is to be given in writing and is deemed effectively given: (a) upon personal delivery to the party to be notified; (b) upon confirmation of receipt by fax by the party to be notified; (c) upon delivery via United States Registered Mail or, (d) deposit with a reputable overnight courier, prepaid for overnight delivery and addressed as set forth in this section and upon confirmation of delivery by said courier. Any notice required to be given to a party under these Terms and Conditions are to be delivered to the following addresses, or any other addresses designated by the parties by notices delivered in accordance with this section: If to Seller: Goliath Marine Group, LLC
Attn: Joseph Bartel
6265 E. Sawgrass Road
Sarasota, FL 34240 If to Buyer: INSERT NAME
INSERT ADDRESS 9.5 No Waiver. The failure of a party to enforce a provision or to exercise a right under these Terms and Conditions shall not be considered a general waiver. The express waiver of a provision is to be effective only in the specific instance, and as to the specific purpose, for which it was given. 9.6 Severability. If any provision of these Terms and Conditions is determined to be invalid, illegal or unenforceable, the remaining provisions of these Terms and Conditions remain in full force and effect. 9.7 Section Headings and Captions. The section headings and captions contained in this Terms and Conditions are for convenience only and do not affect the construction or interpretation of any provision herein. 9.8 Remedies. Unless stated otherwise, all remedies provided for in these Terms and Conditions Agreement are to be cumulative and in addition to, not in lieu of, any other remedies available to either party at law, in equity or otherwise. 9.9 Non-Agency. Nothing in these Terms and Conditions, and no conduct, communication, trade practices, or course of dealing, shall be interpreted or deemed to create any partnership, joint venture, association, agency, syndicate, or fiduciary relationship between the parties or their subsidiaries or affiliates. Nothing in these Terms and Conditions gives either party the right, power, or authority to make any statements, commitments, or agreements that bind the other party. 9.10 Entire Agreement. These Terms and Conditions are intended by the Buyer and Seller as a final expression of their agreement and are intended also as a complete and exclusive statement of the terms and conditions of Buyer’s Purchase Order(s). No amendment, waiver or modification of these Terms and Conditions is binding unless in writing and signed by authorized representatives of both parties. 9.11 Signatures. Facsimiles, photocopies or other electronic reproductions or copies of original signatures are deemed as legally enforceable as the originals thereof. 9.12 Survival. Upon termination or expiration of these Terms and Conditions for any reason, any section that by its nature should survive this Agreement will survive and continue in effect and be binding upon the parties, including, without limitation, Sections 7 and 8.
Attn: Joseph Bartel
6265 E. Sawgrass Road
Sarasota, FL 34240 If to Buyer: INSERT NAME
INSERT ADDRESS 9.5 No Waiver. The failure of a party to enforce a provision or to exercise a right under these Terms and Conditions shall not be considered a general waiver. The express waiver of a provision is to be effective only in the specific instance, and as to the specific purpose, for which it was given. 9.6 Severability. If any provision of these Terms and Conditions is determined to be invalid, illegal or unenforceable, the remaining provisions of these Terms and Conditions remain in full force and effect. 9.7 Section Headings and Captions. The section headings and captions contained in this Terms and Conditions are for convenience only and do not affect the construction or interpretation of any provision herein. 9.8 Remedies. Unless stated otherwise, all remedies provided for in these Terms and Conditions Agreement are to be cumulative and in addition to, not in lieu of, any other remedies available to either party at law, in equity or otherwise. 9.9 Non-Agency. Nothing in these Terms and Conditions, and no conduct, communication, trade practices, or course of dealing, shall be interpreted or deemed to create any partnership, joint venture, association, agency, syndicate, or fiduciary relationship between the parties or their subsidiaries or affiliates. Nothing in these Terms and Conditions gives either party the right, power, or authority to make any statements, commitments, or agreements that bind the other party. 9.10 Entire Agreement. These Terms and Conditions are intended by the Buyer and Seller as a final expression of their agreement and are intended also as a complete and exclusive statement of the terms and conditions of Buyer’s Purchase Order(s). No amendment, waiver or modification of these Terms and Conditions is binding unless in writing and signed by authorized representatives of both parties. 9.11 Signatures. Facsimiles, photocopies or other electronic reproductions or copies of original signatures are deemed as legally enforceable as the originals thereof. 9.12 Survival. Upon termination or expiration of these Terms and Conditions for any reason, any section that by its nature should survive this Agreement will survive and continue in effect and be binding upon the parties, including, without limitation, Sections 7 and 8.