TERMS & CONDITIONS

ALK YACHTING

ARTICLE 1 APPOINTMENT

The Owner hereby appoints ALK Yachting as the exclusive broker to market and negotiate the sale of the Vessel described in this Agreement throughout the duration of this Agreement.

ARTICLE 2-SCOPE OF SERVICES

ALK Yachting shall use its best professional efforts to:

Professionally market the Vessel;
Promote the Vessel through appropriate marketing channels:
Respond to enquiries and qualify prospective buyers;
Arrange viewings and sea trials;
Conduct negotiations on behalf of the Owner;
Assist the Parties through to completion of the sale.

ARTICLE 3-TERM

This Agreement shall commence on the effective date and remain in force for the Agreement Term specified in the Agreement Details.

Unless terminated by either Party by written notice at least thirty (30) days prior to its expiry, this Agreement shall automatically renew for successive periods of the same duration.

ALK Yachting shall use its best professional efforts to procure a purchaser during the term of this Agreement.

ARTICLE 4- ASKING PRICE

The asking price of the Vessel shall be agreed between the Owner and ALK Yachting.

Any amendment to the asking price must be confirmed by the Owner in writing.

ARTICLE 5-COMMISSION

ALK Yachting shall be entitled to the agreed commission only upon the successful completion of a sale, in accordance with the terms of this Agreement.

The Agreed Commission shall become due upon successful completion of the sale and shall be payable by the Owner within three (3) Business Days following receipt of the funds from the sale of the Vessel.

The Parties agree to settle the Agreed Commission promptly in accordance with this Agreement. In the event of any payment issue, the Parties shall endeavour to resolve the matter amicably before exercising any rights available under the applicable law.

ARTICLE 6 OWNER'S OBLIGATIONS

The Owner confirms that they are the lawful owner of the Vessel and agrees to:

provide accurate information regarding the Vessel;

This Agreement reflects the commitment of both Parties to achieve a successful sale based on professionalism, trust and transparency.

ARTICLE 7-MARKETING AUTHORISATION

The Owner authorises ALK Yachting to advertise the Vessel through all appropriate media and marketing channels, including online platforms, social media, email campaigns and yacht brochure distribution, both digital and print.

The Owner agrees that photographs and specifications provided may be used for this purpose during the term of this Agreement.

ARTICLE 8-VIEWINGS & SEA TRIALS

Viewings and sea trials shall take place under the Owner’s responsibility and, where applicable, in the presence of the Owner or the Owner’s authorised representative or crew. ALK Yachting shall not be liable for any accident, loss or damage occurring during a viewing or sea trial, except where such loss or damage results directly from the gross negligence or wilful misconduct of ALK Yachting.

ARTICLE 9-SURVEYS & INSPECTIONS

Any pre-purchase survey, inspection or valuation requested by a prospective Buyer shall be arranged at the Buyer’s expense, unless otherwise agreed between the Parties. The Owner shall provide reasonable access to the Vessel for such inspections.

ARTICLE 10- LIABILITY

ALK Yachting acts solely as an intermediary and does not warrant the condition, seaworthiness or legal status of the Vessel, nor the accuracy of information supplied by the Owner. The Owner acknowledges that ALK Yachting shall not be held responsible for claims arising from the condition of the Vessel or information provided by the Owner, except in the case of ALK Yachting’s own gross negligence or wilful misconduct.

ARTICLE 11-CONFIDENTIALITY

Both Parties agree to treat as confidential all information received during the term of this Agreement and shall not disclose such information to any third party without the prior written consent of the other Party, except as required by law.

ARTICLE 12-DATA PROTECTION (GDPR)

ALK Yachting shall process personal data in accordance with the General Data Protection Regulation (EU) 2016/679 (GDPR). Personal data will only be used for the purpose of executing this Agreement and will not be shared with third parties except with the consent of the data subject or as required by law.

ARTICLE 13-AML COMPLIANCE

Both Parties agree to comply with all applicable anti-money laundering and counter-terrorist financing laws and regulations. ALK Yachting reserves the right to require identification and source of funds documentation in accordance with its legal obligations.

ARTICLE 14-GOVERNING LAW & JURISDICTION

This Agreement shall be governed by and construed in accordance with the laws of Malta. Any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the Courts of Malta.

ARTICLE 15- NOTICES

All notices required or permitted under this Agreement shall be in writing and shall be deemed duly given when delivered by hand, by email with read receipt, or by registered mail to the contact details provided in this Agreement.

ARTICLE 16-NON-CIRCUMVENTION

During the term of this Agreement, the Owner shall not market, negotiate or sell the Vessel directly or through any third party without the prior written consent of ALK Yachting. Should the Owner breach this obligation, the Agreed Commission shall remain due and payable if the sale results directly or indirectly from negotiations, introductions or marketing activities carried out by ALK Yachting.

ARTICLE 17-INDEPENDENT CONTRACTOR

ALK Yachting acts as an independent contractor. Nothing in this Agreement shall be construed as creating any partnership, joint venture, agency (other than as expressly stated herein), fiduciary relationship or employment between the Parties.

ARTICLE 18- HEADINGS

The headings used in this Agreement are for convenience only and shall not affect the interpretation or construction of any of its provisions.

ARTICLE 19-AMENDMENTS

No amendment or modification of this Agreement shall be valid unless in writing and signed by both Parties.

ARTICLE 20 - TERMINATION

Without prejudice to Article 3, either Party may terminate this Agreement with immediate effect in the event of a material breach by the other Party which remains uncured for 14 (fourteen) days after written notice.

ARTICLE 21 - SURVIVAL

The provisions which by their nature are intended to survive termination or expiration of this Agreement shall survive, including without limitation Articles 5, 6, 10, 11, 12, 13, 14, 16 and this Article 21.

ARTICLE 22 - FORCE MAJEURE

Neither Party shall be liable for any failure or delay in performing its obligations under this Agreement due to circumstances beyond its reasonable control, including natural disasters, war, terrorism, strikes, government actions or restrictions.

ARTICLE 23-COUNTERPARTS

This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A signed copy transmitted by email (PDF) shall be considered as an original.

ARTICLE 24 ENTIRE AGREEMENT

This Agreement constitutes the entire understanding between the Parties with respect to the subject matter hereof and supersedes all prior discussions, representations or agreements, whether written or oral.

No other terms or conditions shall apply unless expressly agreed in writing.

This Agreement reflects the commitment of both Parties to achieve a successful sale based on professionalism, trust and transparency.

ARTICLE 25- SEVERABILITY

If any provision of this Agreement is found to be invalid, illegal or unenforceable, such provision shall be deemed to be severed from this Agreement and the remaining provisions shall remain valid and enforceable to the fullest extent permitted by law.

ARTICLE 26-DISPUTE RESOLUTION

The Parties shall first attempt to resolve any dispute arising out of or in connection with this Agreement amicably and in good faith. If the dispute cannot be resolved within 30 (thirty) days, it shall be submitted to mediation in Malta in accordance with the Mediation (Civil and Commercial Matters) Act.

ARTICLE 27 APPLICABLE LAW

This Agreement shall be governed by and construed in accordance with the laws of Malta without regard to its conflict of law principles.

ARTICLE 28 - JURISDICTION

Any dispute not resolved through mediation shall be finally settled by the exclusive jurisdiction of the Courts of Malta, to which the Parties irrevocably submit.

ARTICLE 29-RECORDS & REPORTING

ALK Yachting shall keep reasonable records of all marketing activities and shall provide the Owner with updates upon reasonable request.

ARTICLE 30-ANTI-BRIBERY

Both Parties shall comply with all applicable anti-bribery and corruption laws and regulations and shall not offer, pay or accept any improper advantage in connection with this Agreement.

The Parties hereby agree to the terms and conditions set out in this Agreement.

ALK YACHTING

ALK YACHTING