Who We are
Our website address is: https://totalvesselsolutions.com.
Site Usage and Regulations
Total Vessel Solutions, LLC (TVS, LLC, “We”, “Our”) hereby notify you, the potential buyer, of the terms and conditions and requirements of using and bidding on this website. You will be required to accept these Site Usage Requirements prior to becoming a successful bidder on any asset listed on this website. Failure to accept the posted requirements, which may be amended from time to time, will prevent you from successfully bidding on an asset from website usage.
TVS LLC lists assets for sale to bidders in the marketplace. TVS, LLC will post assigned assets for sale owned by various insurance companies, and buyers may bid on an asset pursuant to our bidding procedures. We do not own the assets or take title at any time. TVS, LLC does not make representations or warranties, expressed or implied, regarding the offered assets. TVS, LLC attempts to supply accurate information for each asset to the best of their knowledge. However, we cannot offer any guarantee of the accuracy of the information provided on this website. Buyers must perform their own due diligence prior to registering a successful bid. All of our assets are sold free and clear of any liens, claims or other encumbrances unless otherwise indicated. TVS, LLC does not warrant any information based on any survey supplied by the asset owner or the owner’s representative. The minimum bid amount does not obligate Total Vessel Solutions, LLC to sell the asset. Total Vessel Solutions reserves the right to reject any and all bids for any reason on any asset listed for sale.
Bidding
ALL BIDS MUST BE MADE VIA INTERNET REGISTRATION
Before participating in a bid, all bidders must provide a credit card on file and are subject to a $500.00 bid deposit, which will be a security deposit to ensure payment if the bid is successful. The deposit ensures the bidder is serious about their bid.
Credit Card on File:
Bidders are required to have a valid credit card on file to participate in the bidding process. We accept all major credit cards, including Visa, Master Card, Discover, and Amex.
Purpose of the Deposit:
The deposit acts as a security, ensuring that the bidder will honor their winning bid and complete the purchase if they are the successful bidder. Any deposits taken from non-winning bidders will be refunded upon request.
Deposit Forfeiture:
If the bidder fails to complete the purchase within 48 hours or two (2) business days, the deposit will be forfeited to Total Vessel Solutions.
Buy It Now:
You have the option to purchase the item right away at a fixed price without waiting for an auction to end.
Fees
TVS, LLC may change its fees and penalties by posting revised rules and regulations. All fees are US Currency.
Buyer’s premium fee of 10% over sale price will be added to the sale of all vessels to cover the cost of Title and/or Document transfer preparation, including mailing fees. Any Federal, State or local fees are the sole responsibility of the requesting person.
Successful bidders will be notified by e-mail and must contact TVS office within two (2) business days from the date and time the award email notification was sent to make payment. Bid results will not be furnished via telephone or fax. It is the responsibility of the bidder to follow up on the status of the auction and to ensure that the bidder’s email address and all registration data are kept accurate and up to date. If at any time, the bidders information changes, it is the bidder’s reps responsibility to update the appropriate information on totalvesselsoltions.com. Undelivered e-mails do not excuse a successful bidder’s obligation to complete contractual obligations with TVS. These contractual obligations include making timely payments and removing awarded property within the time specified. Failure to do so will result in a termination for default.
Once payment (including fees) is received. The buyer will be sent a Bill of Sale via DocuSign for their signature. Storage is covered for the first five (5) business days after bidding ends. The Buyer must contact Total Vessel Solutions to make arrangements for further storage or removal of the boat. This all must be done within 30 business days of bidding ending, otherwise the boat will be considered abandoned. The Buyer’s full payment is forfeited and Total Vessel Solutions, LLC has the right to resell the vessel. The lot will have loading fees when picking up the vessel. Load fees will vary in price depending upon the location, length, and type of vessel.
Taxes
The buyer is responsible for determining the requirement of and paying any and all use, sales, transfer, or any other taxes. All taxes are to be paid by the buyer in the state where the purchase occurred. TVS LLC assumes no responsibility to determine whether any taxes are due on said purchases and we assume no liability for non-payment. We will not report to the taxing authority whether taxes are due on this transaction. This is your responsibility.
Asset Release
If you choose not to pay for your asset via credit card, you must pay by wire transfer or ACH deposit for your purchase within two (2) business days. You will be provided with wiring instructions upon request.
Each listing will have a Release Date. You are to schedule with the storage facility the date and time of pickup. You will be required, prior to release of the asset, to sign a document wherein you agree to pay all storage charges beyond the release date. You should make appropriate arrangements with the storage facility should you not be able to pick up the asset by the
designated date and time. THE SELLING PAPERWORK WILL NOT BE FORWARDED TO THE BUYER UNTIL TVS LLC HAS RECEIVED CONFIRMATION THAT THE STORAGE FACILITY AND BUYER HAVE MADE CONTACT REGARDING PICKUP AND/OR ADDITIONAL STORAGE ARRANGEMENTS. The buyer is responsible for all loading and transportation fees. Buyer will NOT be allowed to make any claims against TVS, LLC for misrepresentation or for missing items after the scheduled pickup date. No adjustments will be made for ANY discrepancies. Please bid accordingly. Assets are being sold AS IS, WHERE IS.
BIDDER DUE DILIGENCE AND INVESTIGATION
All assets are sold in the existing “As-Is, Where-Is” condition and “With All Faults”. No representation, warranty, or condition is expressed or implied by TVS, LLC and its employees, agents, affiliates, brokerages, brokers, surveyors, or the Seller as to description, quality, fitness for a particular purpose, condition of the asset in any manner whatsoever and any such representation, warranty, and condition is expressly waived by the Buyer. Personal onsite inspection of the asset is recommended, and Bidders are advised to independently verify all information they deem important. TVS, LLC and its employees, agents, affiliates, brokerages, brokers, surveyors or the Seller assume no liability for errors or omissions on any asset listing or advertising, promotional or publicity statements and materials. Although information has been obtained from resources deemed reliable, neither TVS, LLC nor the Seller makes any guarantee as to the accuracy of any such information. All information contained on the Site or any promotional materials was provided by the Seller and is believed to be accurate and complete, however, neither the Seller or TVS, LLC makes any guarantee or warranty as to the accuracy or completeness of such information.
THE BUYER SHALL BEAR THE SOLE RESPONSIBILITY TO CONFIRM ALL INFORMATION RELEVANT TO THE ASSET PRIOR TO BIDDING. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OR THE AUCTION SALE TERMS, ALL BIDDERS ACKNOWLEDGE AND AGREE THAT THEY ARE BIDDING FOR AND, WHEN THE HIGH BIDDER IS CONFIRMED BY TVS, LLC, WILL ACQUIRE THE ASSET, IN ITS “AS IS” CONDITION AS OF AUCTION DAY, WITH ALL DEFECTS, BOTH PATENT AND LATENT, AND WITH ALL FAULTS, WHETHER KNOWN OR UNKNOWN, PRESENTLY EXISTING OR THAT MAY HEREAFTER ARISE (TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW). ALL PROSPECTIVE BIDDERS ACKNOWLEDGE AND AGREE THAT TVS, LLC HAS NOT MADE, DOES NOT MAKE AND SPECIFICALLY NEGATES AND DISCLAIMS ANY REPRESENTATION, WARRANTY, PROMISE, COVENANT, AGREEMENT OR GUARANTY OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, CONCERNING OR WITH RESPECT TO THE ASSET, INCLUDING WITHOUT LIMITATION: (A) THE VALUE, NATURE, QUALITY OR CONDITION OF THE ASSET; (B) THE INCOME TO BE DERIVED FROM THE ASSET, IF ANY; (C) THE SUITABILITY OF THE ASSET FOR ANY AND ALL PURPOSES, ACTIVITIES AND USES WHICH BIDDER MAY CONDUCT THEREON; (D) THE COMPLIANCE OF THE ASSET OR ITS OPERATION WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY APPLIC ABLE GOVERNMENTAL AUTHORITY OR BODY; (E) THE MERCHANTABILITY, MARKETABILITY, PROFITABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE ASSET; (F) THE MANNER OR QUALITY OF THE CONSTRUCTION OR MATERIALS, IF ANY, INCORPORATED INTO THE ASSET; (G) THE MANNER, QUALITY, STATE OF REPAIR OR LACK OF REPAIR OF THE ASSET; (H) ANY OTHER MATTER WITH RESPECT TO THE ASSET, OR (I) THE STRUCTURAL INTEGRITY OF THE ASSET. BIDDER ACKNOWLEDGES THAT NEITHER SELLER, TVS, LLC NOR ANY OF THEIR REPRESENTATIVES OR AGENTS HAVE TESTED THE ASSET TO CONFIRM THAT IT IS IN SEAWORTHY CONDITION. ALL BIDDERS FURTHER ACKNOWLEDGE AND AGREE THAT, WITHOUT LIMITATION, SELLER AND TVS, LLC HAVE NOT MADE, DO NOT MAKE, AND SPECIFICALLY DISCLAIM ANY REPRESENTATIONS REGARDING COMPLIANCE WITH ANY LAWS, RULES, REGULATIONS, ORDERS OR REQUIREMENTS, OR EXISTENCE OF ANY HAZARDOUS SUBSTANCE, AS DEFINED BY APPLICABLE LAW. EACH PROSPECTIVE BIDDER AND ANYONE CLAIMING BY, THROUGH OR UNDER THE SAME HEREBY FULLY AND IRREVOCABLY RELEASE SELLER AND TVS, LLC, AND THEIR RESPECTIVE OWNERS, AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, REPRESENTATIVES, ATTORNEYS AND AGENTS, FROM ANY AND ALL CLAIMS THAT HE/SHE/IT OR THEY MAY NOW HAVE OR HEREAFTER ACQUIRE AGAINST SELLERS AND/OR TVS, LLC, AND/OR THEIR RESPECTIVE AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, REPRESENTATIVES, ATTORNEYS AND AGENTS, FOR ANY COST, LOSS, LIABILITY, DAMAGE, EXPENSE, DEMAND, ACTION OR CAUSE OF ACTION ARISING FROM OR RELATING TO THE CONDUCT OF THE AUCTION AND/OR THE CONDITION OF THE ASSET, INCLUDING BUT NOT LIMITED TO ANY DEFECTS, ERRORS, OMISSIONS OR OTHER CONDITIONS AFFECTING THE ASSET, OR ANY PORTION THEREOF. THIS RELEASE INCLUDES CLAIMS OF WHICH PROSPECTIVE BIDDER IS PRESENTLY UNAWARE OR DOES NOT PRESENTLY SUSPECT TO EXIST IN HIS/HER/ITS FAVOR WHICH, IF KNOWN BY PROSPECTIVE BIDDER, WOULD MATERIALLY AFFECT PROSPECTIVE BIDDER’S RELEASE OF SELLERS AND TVS, LLC. EACH PROSPECTIVE BIDDER SHOULD CONSIDER THESE MATTERS WHEN REGISTERING AS A BIDDER AND BEFORE PARTICIPATING IN ANY AUCTION AND PLACING BIDS. YOU ACKNOWLEDGE AND AGREE THAT THIS RELEASE AND DISCLAIMER IS INTENDED TO BE VERY BROAD AND YOU HEREBY WAIVE AND RELINQUISH ANY RIGHTS OR BENEFITS YOU MAY HAVE UNDER ANY STATE OR FEDERAL LAW OR LEGAL PRINCIPLE DESIGNED TO INVALIDATE RELEASES OF UNKNOWN OR UNSUSPECTED CLAIMS TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.
NO WARRANTY
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TVS,LLC OR THROUGH THE SERVICE OR SELLER WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, TVS, LLC, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE. TVS, LLC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND TVS, LLC WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. WHILE WE TRY TO MAKE SURE THAT ALL PRICES POSTED ON THE SERVICE ARE COMMUNICATED ACCURATELY, WE CANNOT BE RESPONSIBLE FOR THE TYPOGRAPHICAL AND OTHER ERRORS THAT MAY APPEAR ON THE SERVICE. IF THERE IS INCORRECT INFORMATION GIVEN ABOUT A BOAT, PRICE, AVAILABILITY, DESCRIPTION, OR CONDITION DUE TO A TYPOGRAPHICAL OR TECHNOLOGICAL ERROR, TVS, LLC IS NOT RESPONSIBLE FOR SUCH ERROR OR ITS CORRECTION; BUT WILL ATTEMPT TO CORRECT SUCH ERROR PROMPTLY. WE RESERVE THE RIGHT TO REFUSE OR CANCEL ANY AUCTIONS FOR BOATS LISTED AT AN INCORRECT PRICE. THE SERVICE MAY BECOME INACCESSIBLE OR IT MAY NOT FUNCTION PROPERLY WITH YOUR WEB BROWSER, MOBILE DEVICE, AND/OR OPERATING SYSTEM. TVS, LLC CANNOT BE HELD LIABLE FOR ANY PERCEIVED OR ACTUAL DAMAGES ARISING FROM SERVICE CONTENT, OPERATION, OR USE OF THIS SERVICE. EXPIRATION OF CLAIMS Any claim or cause of action you may have with respect to TVS, LLC, the Site, the terms and conditions, auctions, website, and/or the Service must commence within one (1) year after the claim or cause of action arose or it will be waived.
EXPIRATION OF CLAIMS
Any claim or cause of action you may have with respect to TVS, LLC, the Site, the terms and conditions, auctions, website, and/or the Service must commence within one (1) year after the claim or cause of action arose or it will be waived.
SELLING PAPERWORK
The Title, Registration, Bill of Sale, and/or Coast Guard Document transfers will be put in the name of the REGISTERED BUYER. No exceptions. You will be provided the selling paperwork for any asset as it was provided to TVS, LLC. As part of completing this transaction you will be required to sign and return to TVS, LLC the Buyers Settlement Notification Terms and
Conditions and an email (provided by TVS, LLC) confirming that you have contacted the storage facility to make appropriate arrangements concerning pickup and/or additional storage.
USER REPRESENTATIONS
When you use our website, you represent that you are 18 years or over and have the authority to enter into valid, legally binding contracts.TVS, LLC may terminate your right to register and bid on items at our discretion. You will provide TVS, LLC with accurate information in your registration materials. If more information is required, you must provide said information to us.
Any violation of TVS, LLC’s rules and regulations or any violation of any laws that regulate our website or our business will result in the termination of your use of this website. TVS, LLC cannot warrant, in any way, the fitness of the assets offered for a particular use, and cannot offer any expressed or implied warranties as to the information on this website or the
asset listed.
AGREEMENT ON LOCATION OF DISPUTES
TVS, LLC is a VIRGINIA LLC. All disputes related to the asset sales or arising out of these Rules and Regulations will be governed by the State or Federal courts in Virginia and you agree that any and all disputes must be brought in said jurisdictions. These Rules and Regulations, along other forms on our website that you will use, define the entire relationship between you and TVS, LLC regarding any and all assets for sale on this site, and supersedes any and all previous written or oral agreements.