By use of this site by registering for membership, or submitting a bid for any boat or equipment item listed on this web site, you agree to the following:

Associate Marine Specialists, LLC aka, AMS and/or AMS Salvage, has set forth the following Terms and Conditions to persons interested in becoming members of AMS Captains Club.

As a member of the AMS Captain's Club, you agree to the following Terms and Conditions. AMS reserves the right to amend a Member's Terms & Conditions and it's Terms of Service Agreement at any time without prior notice. In addition this will apply to AMS' bid sheet, web site, or any other printed form AMS utilizes.

AMS offers salvaged Insurance Total Constructive Loss Vessels and Equipment for bid and auction sale. All of AMS' salvaged vessels and equipment items are sold AS-IS WHERE-IS, WITHOUT ANY WARRANTY EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY MECHINCAL, SEA WORTHINESS, FITNESS, AND/OR CONDITION.

BIDDERS AGREE to the following: Pay all bid fees and services within the required time set by AMS. A Member will forfeit any and all moneys being held by AMS if a member does not comply with AMS' Terms and Conditions. A Member will forfeit their annual membership if the member does not finalize the winning auction or any transaction for any services performed by AMS for said Member. AMS has the sole discretion and right to void any membership if and when a member does not comply with these Terms and Conditions.

Two Types of Bids

1. PRELIMINARY BID: A subscribed member fills out an AMS bid sheet and submits it to AMS on or before the Closing Bid date. This bid is the member's Preliminary Bid on a particular vessel or equipment item. This bid, if accepted by AMS will be the member's opening bid and entry in to the telephone auction which will take place on the following Monday. AMS' auctioneer will call all those members with accepted bids to inform them as to the highest bidder at that time. The low bidders will have the opportunity to up their bid that day until the vessel has reached its highest selling price. All Auctions will close at the end of the day, Pacific Standard Time.
2. OPEN BID: A Member may place a bid on an item that AMS has posted as OPEN BID. The member that places the first highest bid wins the item, Quick Sale - AMS will place the item on an OPEN BID status when AMS has not received any bids for the item for a specified period of time. The item will then be for sale immediately the day the Member places their bid.  The first member that MEETS OR EXCEEDS the POSTED MINIMUM BID AMOUNT will win the item the day their bid has been accepted by the insurance company. It is the sole decision of AMS as to when an item is placed in open bid status. The Member must place a bid that meets or exceeds the minimum posted bid amount for the item to win an open bid. Bids must be received on an AMS Bid Sheet via fax. Verbal/Telephone and Email bids are not accepted at any time.

Standard Internet Preliminary Bidding Overview

AMS will post all vessels and equipment for sale on their web site. There will be a closing bid date posted on all available vessels on their individual photo gallery page. That date is the closing Preliminary Bid Date. That closing date is the last day a member can place a bid. The member must fill out an AMS bid sheet and fax it to 714 964-9432 before midnight, PST, on the day of closing. AMS' internet auction web site www.amssale.com (Boats for Bid) interested Captains club members have until that posted closing date to view the vessel and to place a Preliminary Bid. After the closing date for the vessel NO more bids will be accepted. ALL VESSELS MUST BE VIEWED PRIOR TO THE AUCTION SALE DATE IF THAT IS A CONDITION FOR THE BIDDING MEMBER.

AMS' Auctioneer will start the auction by contacting via telephone or email (for out of country bidders) all qualified bidders on the first Monday following the Closing Bid Date. AMS will start the telephone auction at that time. Bidders will be able to compete against all other bidders that might have placed a higher bid during the Preliminary Bidding. ONLY those members that placed a bid while the vessel was available for bidding are allowed to continue on to the telephone auction. Any member that DID NOT place a bid for the vessel will not be allowed to participate in any ongoing auction that is being held by AMS at that time.

AMS will disclose (if known) any work that might have been done to any vessel &/or equipment that might have had some type of outside service work performed to determine its condition. AMS will start and run any engine(s) that AMS has stated “Starts and Runs” only at the time of the winning bidder picking up said item. ALL SALES ARE FINAL. All Vessels &/or Equipment must be PICKED-UP within 5 DAYS of the auction date. Items not picked-up within the 5 day timeline are subject to a daily storage charge of $15 per day until picked up plus any additional administrative expenses will be charged to Member.

AMS will disclose all conditions of equipment such as motors and outdrives and weather they work or START and RUN. AMS makes no implied or guarantee that any vessel or equipment is seaworthy, sound, or its condition is anything but salvage. ALL VESSELS and EQUIPMENT are SOLD AS IS, WHERE IS. All items auctioned by AMS are Salvage and are being auctioned as such with NO GAURANTEES IMPLIED OR EXPRESSED. Members take full responsibility for their bid and for this knowledge of the item.

AMS will notify a Member whether their high bid has been accepted by the insurance company within 72 hours of the sale. The Member is OBLIGATED to complete the purchase transaction on the vessel or equipment item once he/she has won the auction or risk forfeiture of any Auction Membership Fee that the member has paid to AMS.

Vessel Condition and History Disclaimer: AMS liquidates Salvage for insurance companies and all Vessels and/or Equipment are sold as salvage; no warranties implied or expressed; sold in "As is, Where is Condition."

Sales Conditions

MEMBERSHIP

By subscribing to AMS' Captains Club and paying the annual membership fee, a person becomes a member of AMS' Captains Club. This must be completed before you will be able to bid on any vessel or equipment. A $300.00 USD membership fee is charged annually. Payment can only be made by credit card; Visa, MasterCard or Diners Club. All membership transactions will automatically be charged at their expiration date. Members must unsubscribe to cancel any membership to stop automatic charges, however please note, credits for uncompleted months within the annual fee are not refundable. All members must be 18 years of age. AMS shall/will reserve the right to deny any member auction privileges or access to AMS web site &/or auctions, or exclude them entirely from any AMS facility if member is found to be dishonest for any reason.

BUSINESS MEMBERSHIP

AMS offers a Business Membership for the price of $400.00 USD. This membership allows the Member to register as a Business and once the person has shown proof that they are in business as stated and hold all necessary licenses and have a tax exemption certificates may authorize up to 2 more individuals to bid for them on any item that AMS has up for Auction Sale. ANY individual bidding for a business MUST be registered with AMS and show proof of working with said business. Authorization of more than 2 people for any one business as a member is subject to AMS' discretion and may require additional fees or payments.

BIDS

Once a member has placed a bid, that bid will become binding and cannot be retracted or cancelled without causing penalties to the member.

BID REJECTIONS

AMS reserves the right to reject or void any bids for any reason; it is AMS' sole and absolute discretion to reject any bid. Should a dispute arise regarding a bid, AMS is the exclusive deciding authority in the matter. Members agree to indemnify, defend, and hold harmless AMS from any and all liabilities arising out of decisions made by AMS in resolving any disputes.

EXPORTING & RESPONSIBILTIES OF MEMBERS OUTSIDE US

It is the sole responsibility of the Member that is shipping overseas to comply with all customs procedures applicable to the country in which the vessel or equipment is being shipped to.

It will be the responsibility of that Member to comply with all Customs Inspections, import duties and fees or proof of any emission compliances.

It is furthermore the responsibility of any member to PRE-ARRANGE transportation to any port or location where vessel is to be shipped from. Members are responsible for all transportation and shipping costs &/or expenses incurred by the member to ship their purchased item from AMS. AMS can quote a charge for delivering said item to a location within 10 miles of an AMS location, otherwise, the member must make arrangements to have the item(s) picked up at AMS' location within the specified time period or pay storage charges.

RISK & LOSS

Members take full responsibility and assume all risk and loss for all vessels purchased from AMS and AMS internet Auction site. Member acknowledges that AMS is only acting as Baileys for the Members vessel while Member claims their item from AMS storage facility. Member agrees that AMS under the terms shall not be responsible for damage to or loss of item purchased by Member while being stored by AMS at AMS' facilities. AMS is not responsible for acts of theft or vandalism, or acts of GOD. AMS will not be responsible for any claims of damage made after the Vessel has left AMS' facility.

AS-IS

Under no circumstance will AMS be held liable or responsible for damage claims or loss of any kind or nature whatsoever.

FEES & PAYMENTS

Members are responsible for any and all fees generated by them in the course of doing business with AMS and the purchasing of any Salvage item. Member is responsible for any charges such as outstanding storage, loading of vessel or equipment item, etc. Members who do not pick-up their purchased item within the 5 days allowed then storage will be charged at $15.00 USD per day until item is picked up. Any item left after 30 days is forfeited and considered abandon and member will lose any and all funds paid.

FINAL PAYMENTS

Balance of payment for vessels, and full payment on equipment must be made within 3 business day or sooner of member winning auction. Personal check, company check, cashier's check, wire transfer, or money orders are acceptable means for payment. (Credit/Debit cards are not accepted for the purchase of the item, just the membership). Vessel or Equipment will not be allowed to leave AMS' facility until members' funds have been received and cleared the bank.

SALES TAX

Members are responsible for any and all sales tax fees and any other fees applicable in the state in which the salvage is being taken to for use. AMS does NOT collect sales TAX. It is the responsibility of the Member to pay whatever state fees are required by the state the member takes said vessel or item into. It is the responsibility of the member to register and to pay any and all fees due at time of registration to that state. AMS does not collect any sales tax or fees when selling salvage nor does AMS register vessel for the member. It is the sole responsibility of the member whom purchases any item from AMS to PAY ALL FEES and ANY state, city or county TAXES required by that state agency. It is the responsibility of the member to pay any registration fee and license for trailers and vessel within 10 days of possession.

AUCTION SALE CANCELLATION

AMS has the sole right and discretion and without notice, to postpone or cancel any AUCTION SALE. AMS can withdraw a vessel or equipment item that is up for AUCTION SALE without giving reason.

RE-LISTING FEES

A re-list applies whenever a member becomes the winner of an auction, and then decides not to buy the item for whatever reason. (As stated in the TAC, all sales are final). That member will be subject to automatic Membership suspension and forfeiture of any moneys paid to AMS. AMS will retain any and all membership fees as security against unpaid accounts and for the re-listing of that vessel. Any Member that causes AMS to re-list a vessel for re-auction is subject to higher Membership fee; should this occur, and if allowed and the member wants to continue with their membership with AMS, that member would have to reinstitute (re-pay) their annual membership fee.

COMPLIANCE

All Members shall comply with all laws, ordinances, and any state regulations where requirements are in place regarding their use of AMS' Services and AMS auction web site.

RELEASE OF LIABILITY & INDEMNIFICATION

All Members including business Member's guests/agents irrevocably and unconditionally waive and release their rights, if any, to recover from AMS, it's director, officers, associates, representatives, agents, subsidiaries, affiliates,  any and all damages, losses, cost, expenses, or any claim therefore. Whether damages are direct or indirect, known or unknown, foreseen or unforeseen. AMS will not be held liable under any circumstance including negligence. Members and guest/agent who are California residents will waive California Civil Code 1542, which reads “A general release does not extend to claims which the creditor does not know or suspect to exit in his favor at the time of executing the release, which if known by the person must have materially affected their settlement with the debtor.

PROMOTIONAL MATERIAL

Members agree they have affirmatively requested to receive AMS' Newsletter and any promotional materials via AMS web site.

AMS VESSEL STORAGE YARD RULES

AMS will not hook-up or make repairs to any trailer or vessel for a Member. It is the sole responsibilities of our Members to secure any and all items needed to move, transport, or tow a vessel from AMS' facility. Repairs of vessels and their trailers on AMS' property are STRICTLY PROHIBITED. All items must be picked up or made arrangements with AMS as to additional time needed for pick-up of salvage item. Members have 5 days in which to pick up their purchased items. Any vessel or equipment item left longer than the 5 day period will be subject to a day rate of $15.00 per day until item is picked up and removed from AMS' storage facility.

This agreement is the entire and sole agreement of the parties hereto with respect to its subject matter. There have been no implied or representations by AMS or its Associates in the form of warranties, or promises in regards to the TERM & CONDITIONS.

TERMS OF SERVICES

ACCEPTANCE OF TERMS AND CONDITIONS

AMS will provide its internet auction and product through their Web Site. AMS has the sole right to change their guidelines, rules, Membership Terms and Conditions and or company policies and procedures applicable to AMS services at any time.

MEMBER ACCOUNT, PASSWORD & SECURITY

By completing AMS registration process and paying the membership fee, you will receive a username and password linked to your account with AMS Salvage Auctions. It is your responsibility to maintain the confidentiality of your user name and pass word. You will be responsible for all activities that occur under your username and password. Make sure you exit AMS' web site at the end of your visit.

REFUNDS

AMS offers all Insurance Salvage Items As Is-Where Is. Member acknowledges the terms & conditions of all AMS sales.  Once a Vessel or Equipment item is sold, no refund is available.  If AMS makes the statement on the web site that the Vessel's mechanical equipment runs &/or starts and when the winning auction member comes to pickup said Vessel and it DOES NOT start for whatever reason, AMS will refund that member their purchase price of that Vessel.  This is applicable to vessels where they HAVE NOT LEFT AMS' STORAGE FACILITY. ANY AND ALL VESSELS THAT HAVE BEEN TOWED AWAY FROM AMS' STORAGE FACILITY WILL NOT BE ALLOWED THIS REFUND.

TERMINATION

You as a Member agree that AMS, in its sole discretion, may terminate your password or account with AMS. If AMS believes, you have violated or acted inconsistently with the Terms & Conditions set forth by AMS. Further more, Member agrees that AMS is and will not be liable to you or any third party for any action by you or any person associated with you as a Member of AMS Captains Club.

AMS PROPRIETARY RIGHTS

Members acknowledge and agree that the services and any necessary software used or needed to connect to AMS web site is done so by yourself and AMS is not held responsible for any confidential information that might be exchanged while on AMS web site. Members acknowledge and agree that content presented to you by AMS service is protected by proprietary rights and laws. You agree not to modify, list, sell, and or distribute any information or vessel and equipment to any other web site without AMS' written permission.

ANY posting on any other web site(s) will be grounds for removal in AMS Captains Club and possible criminal prosecution.

YOU UNDERSTAND & AGREE TO

Your use of AMS' services is at your sole risk. The Services AMS is providing are on an AS-IS and IS-AVAILABLE Basis. AMS makes NO WARRANTIES, IMPLIED OR EXPRESSED. AMS makes no claim that AMS services and web site will meet your requirements and needs for which you are seeking. All material downloaded or obtained through AMS web site is done at your own risk. No advice or information whether oral or written obtained by you from AMS or through one of AMS' Associates shall create any type of warranty or guarantee.

AMS is not responsible for any section of their web site regarding information on any item that AMS has up for auction bid sale or posted on AMS web site.  AMS offers the details of their items in Good Faith but Cannot Guarantee the Accuracy of this Information.  Please make arrangements to view these items personally.