Welcome to Best Yacht Auctions website (the “Website”), owned and operated by Best Yacht Auctions LLC, a Delaware Limited Liability Company (“BYA” “we” or us”) as a facilitator between Buyers and Sellers for the purchase and sale of the inventory listed on the Website (The “Service(s)”). This document explains the terms and conditions which apply when you (“You”) use the Website and the software provided on or in connection with the Services.

Best Yacht Auctions relies on the definition of a “Vessel” set forth at 1 United States Code § three as “[---] every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water,” to describe all of the boats, yachts or commercial Vessels which may appear for sale on the Best Yacht Auctions Website which we refer to throughout these terms as a “Vessel.”

These Terms and Conditions apply to all categories of registered users of the Services as follows: By accessing or using the Services, you signify that you have read, understood, and agree to be bound by these Terms of Service (the “Terms”) as they apply to you as a registered Bidder, Buyer, Seller, or Viewer and to the collection and use of the information, you provide in this process as set forth in these Terms and Conditions and in the Best Yacht Auctions Privacy Policy by this reference.



  1. Eligibility. Auction bidding is open to all adults who have successfully registered as a User and have been accepted as a Bidder or Seller without regard to race, color, sex, religion, disability, or national origin. In consideration of your use of the Website, these Terms are a contract between you and BYA. You must read and agree to these Terms including the terms set forth above, before using the Service. If you do not agree, you may not use the Service. You may use the Service only if you have the authority and capacity to form a binding contract with BYA, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
  2. No Minors. Any use or access to the Service by anyone under 18 is strictly prohibited and in violation of these Terms.
  3. Parties. For the avoidance of doubt, notwithstanding anything in this Agreement to the contrary, each User acknowledges and agrees that these Terms form a contract solely between you and BYA and expressly do not govern or apply to any other third-party relationship including between you and any other User, including any Bidder, Buyer, Seller or Broker.
  4. BYA Service(s). BYA is an information service and facilitation website that connects Buyers and Sellers.
  5. Financing: BYA has a favorable relationship with JJ Best Banc a leading consumer finance company in the maritime space with whom we will facilitate any request for financing without any obligation or limitation of your rights to provide your own financing source. BYA does not directly offer or advocate other ancillary products and services such as service contracts, mechanical breakdown insurance, Vessel registration/titling, and Vessel transfer escrow or closing services and all such functions will be handled exclusively by third party brokers or other professionals selected ore approved by you. Naturally any third parties retained by a Buyer or Seller are retained at their own expense and risk and BYA is to be held harmless in case of any dispute between any of our Users involving ant third parties. Subject to these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service and the Website. BYA reserves all rights not expressly granted herein in the Service and BYA Content (as defined below). BYA may terminate this license at any time for any reason or no reason.
  6. Your Accounts. By registering you establish your BYA account which gives you access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you open a BYA account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms, and that you agree that the entity is bound by these Terms. You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your account, and you must keep your account username and password secure. You may be held liable for any losses incurred by BYA, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower-case letters, numbers, and symbols) with your account. You must notify BYA immediately of any breach of security or unauthorized use of your account. BYA will not be liable for any losses caused by any unauthorized use of your account. By providing BYA your email address or by using the Service or visiting the Website, you consent to our using the email address to send you Service- related notices electronically, including any notices required by law, in lieu of communication by postal mail or any other method. We may also use your email address to send you other messages, such as changes to features of the Service, special offers and newsletters as described in our Privacy Policy which is incorporated by reference.
  7. Service Rules. We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service in our sole and absolute discretion. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason. Upon termination you continue to be bound by these Terms. You are solely responsible for your interactions with other Users including Brokers, Buyers and Seller’s and representatives of BYA (Auction Specialist). We reserve the right, but have no obligation, to monitor disputes between you and other Users. BYA shall have no liability for your interactions with other Users, or for any User’s action or inaction promises or representations.


Please act responsibly when using the Services. The following rules are a condition of your access to or use of the Services and Content:

  1. No Criminal or Unlawful Conduct. You may only use the Services and Content (including any information contained therein) for lawful purposes, in accordance with this Agreement, applicable laws and regulations, and obligations or restrictions imposed by any third party. You may not encourage conduct that would constitute a criminal offense or give rise to civil liability
  2. Your Materials Must be Lawful and Appropriate. You may not store, upload, post, transmit or otherwise distribute or facilitate the distribution of any unlawful, harmful, threatening, abusive, harassing, libelous, defamatory, obscene, pornographic, profane, indecent, invasive of another person’s privacy or otherwise inappropriate Content (as determined in BYA’s sole discretion) or other material or information of any kind, including, without limitation, any images or other material of a sexual nature, harmful to minors in any way, or that harasses, degrades, intimidates bullies or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability. You recognize that storing, distributing, or transmitting unlawful Content, material or information could expose you to criminal and/or civil liability.
  3. Content Posted by You Must be yours. You may not store, upload, post, transmit or otherwise distribute or facilitate the distribution of Content, material or information that is fraudulent or infringes the rights of any third party, including without limitation, patent, trademark, copyright, right of publicity or other proprietary rights. You agree that if a third-party claim that Content, material, or information you have posted on or contributed to the Services is unlawful, you will bear the burden of establishing that it is lawful and indemnify BYA from any claims to the contrary. You understand and agree that all User Content, material, or information publicly posted or privately transmitted on or through the Services are the sole responsibility of the sender, not B.Y.A., and that you are responsible for all User Content, material, or information you upload, publicly post, or otherwise transmit to or through the Services. If we become aware that any of our Users has infringed the proprietary rights of any third party, we may take steps to terminate that User’s access to our Services. If any third party provides you compensation or other value for your User Content, you are responsible for making any appropriate or required disclosures regarding such compensation or other value.
  4. No Collection of Personal Information from Others. You may not, through manual or automated means, collect, harvest, gather, assemble, or store personal information about other Users of the Services (including their email addresses or other contact information) without their explicit written consent. You may not use any such information to transmit or facilitate transmission of unauthorized or unsolicited advertising, junk or bulk email, chain letters, or any other form of unauthorized solicitation. You agree not to send, create, or reply to so called mailbombs (i.e., emailing copies of a single message to many Users, or sending large or multiple files or messages to a single User with malicious intent) or engage in spamming (i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely affect the operation or enjoyment of the Services by any other User or third party, including placing malware on the Website.
  5. No Impersonation, or Interference. You may not use the Services to impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with BYA or with any other person or entity. You may not restrict, inhibit, or interfere with any other User or third party from using or enjoying the Services.
  6. No System Abuse. You may not upload, post, or otherwise distribute or facilitate the distribution of a software virus or any other computer code that is designed or intended to disrupt, damage, or limit the functioning of the Services, any other online services, or to obtain unauthorized access to the Services or Content or any data or other information of any third party. You may not interfere with, disrupt, or create an undue burden on servers or networks connected to the Services.
  7. No Violations of Security Systems. You are prohibited from using the Services to compromise the security or tamper with, or gain unauthorized access to, the Services, Content, online accounts or any other computer systems, resources, or networks. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, malware, or network probing tools) is strictly prohibited. If you become involved in any violation of systems security, BYA will release your details to relevant third parties, law enforcement and/or governmental authorities to assist them in resolving unlawful security incidents.
  8. No Transmission of Fraudulent Funds. While sending payments in satisfaction of obligations you have undertaken through the Services you shall not transmit any fraudulent or potentially fraudulent funds.
  9. No Violation of Credit Payment Card Rules. You shall not use your user account or the Services in a manner that we, Visa, MasterCard, American Express, Discover or any other electronic funds transfer network reasonably believes to be an abuse of the card system or a violation of card association or network rules.
  10. Cooperation. You must not refuse to cooperate in any investigation or refuse to provide confirmation of your identity or any information you provide to use.
  11. No Circumvention. You may not circumvent any BYA determinations about your user account such as temporary or indefinite suspensions or other account holds, limitations or restrictions, including, but not limited to, engaging in the following actions: attempting to open new or additional user account(s) when an account has been restricted, suspended or otherwise limited; opening new or additional user accounts using information that is not your own (e.g. name, address, email address, etc.); or using someone else’s user account circumventing the Website or the Services to attempt to defraud BYA or any of its Users. We may require, at any time, proof that you are following these rules. We reserve the right to take all steps available to us once we become aware of any violation of this Agreement. If you have violated this Agreement, then you are also responsible for damages to BYA caused by your violation of this Agreement.
  12. You are responsible for all claims, fees, fines, penalties, and other liability incurred by B.Y.A., any user account holder, or a third party caused by or arising out of your breach of this Agreement, and/or your use of Services.


  1. Bidder means a person who intends to place a bid on a Vessel up for Auction.
  2. Registered Bidder means a person who has fulfilled all the Bidder Qualification Requirements and is approved to bid on a Vessel up for Auction
  3. Broker. To submit a Vessel description and all the other required information in connection with the listing of a Vessel for sale on the Website, you must be a yacht broker with authority to bind the owner to sell the Vessel at the Purchase Price
  4. Buyer. The highest Bidder (above the Reserve Price) will have entered the Winning Bid at the close of an Auction. When acknowledged by BYA the Bidder having made the Winning Bid becomes the “Buyer.”
  5. Buyer’s Premium. A Buyer’s Premium equal to six percent (6%) of the winning bid amount is paid by the Buyer to BYA at the conclusion of the Auction. The 6% Buyer’s Premium is in addition to the winning bid amount on the Vessel and is BYA’s Fee for the digital management services for each Vessel and a condition precedent for the Closing. Buyer acknowledges and agrees that the Buyer’s Premium is deemed earned upon conclusion of the Auction and shall be paid by Buyer to BYA by the Broker prior to and as a condition of the transfer of title of the Vessel at Closing.
  6. Buyer’s Premium Credit Card Hold. When you Register to Bid, you will be prompted to enter your identifying information, and it is important to know that BYA will also require a credit card for your approval as a Bidder. A credit card hold will be issued for 6% of your first bid amount, and increases with your bids to a maximum of $10,000.00 That hold will convert to a charge for the winning Bidder. If the auction premium is more than the charge to the winning Bidders credit card, BYA will issue an invoice for the remainder of the 6% Buyer’s Premium. The BYA invoice must be paid before title on the Vessel will transfer. All credit card holds on the non-winning Bidders will be released by BYA at the end of the auction.
  7. Cancellation. BYA and the Seller reserve the right to cancel or postpone any Auction or to withdraw a Vessel before, up to the start of the Auction and during Auction at their sole discretion.
  8. Closing. If the bidding exceeds the Reserve Price, the Winning Bid means the highest bid acknowledged by BYA at the close of Auction. And the Bidder with the Winning Bid then becomes the “Buyer.” BYA will connect the Buyer and Broker to arrange mutually convenient times to execute the Broker’s form of an “As-Is” Purchase and Sale Agreement and close the transaction for the Sale of the Vessel. Note well: By placing the Winning Bid the Seller’s set Reserve having been exceeded, the Buyer and the Seller have made and agreed to an enforceable Purchase and Sale Contract which will only be superseded by the fully executed Purchase and Sale Agreement tendered by the Broker. The Seller will confirm that the Buyer’s Premium is paid in full (minus any prior deposit by credit card paid to BYA) as a condition of the completion of the Sale and arrange for transportation of the Vessel FOB its current stated location at time of Closing.
  9. Closing Costs. The Buyer shall pay all Closing Costs and taxes related to its purchase of the Vessel including, but not limited to, all sales and use taxes and any VAT or similar tax related to the payment of the Buyer’s Premium as well as the cost of the current survey if any.
  10. Conditions or Contingencies. All Auctions are to be closed as a cash transaction with no contingencies. The Buyer may finance a portion of the Purchase Price, but the Buyer’s obligation to proceed with the purchase is not contingent upon the Buyer obtaining financing. If the Buyer is unsuccessful in obtaining financing and is unable to close within the required time, the Buyer will be deemed in default.
  11. Default. If the Buyer fails to comply with any of these Terms or with the Purchase and Sale Agreement, the Buyer’s Premium and any other amounts paid or due to the Broker shall be forfeited. All lawful remedies remain available to the to the Broker, and BYA.
  12. Delivery Location. Unless otherwise agreed, the delivery of the Vessel to Buyer will be at its current stated location at time of Closing.
  13. Listing Fee. As a Seller you will risk only your listing fee to help cover the web and development costs of $97 if asking price is under $100k and $297.00 if the price is over $100k.
  14. Minimum Opening Bid. Is the amount set by BYA in consultation with the Broker which is the least amount of money that will register as a Bid on the Auction.
  15. Owner’s Authorization Form: confirms the Brokers Authority to act for the owner and the power to form a binding contract for the sale of the Vessel at the Reserve Price or Higher and is signed by the owner.
  16. Possession; Risk of Loss. The Vessel shall be, and remain, in the possession of the Seller until Closing. Pending completion of the sale, the Seller shall hold and maintain in full force and effect all insurance policies or proceeds thereof relating to the Vessel in trust for the parties as their interest may appear and, in the event of substantial damage to the Vessel as set forth in the Purchase and Sale Agreement, the Buyer may either (i) receive the proceeds of the insurance relating to the damage and complete the purchase of the Vessel or (ii) cancel the Purchase and Sale Agreement, in which case the Deposit will be returned to Buyer. Possession of and risk of loss of the Vessel will pass to the Buyer at Closing. All insurance policies must name BYA as an additional insured and a certificate demonstrating same delivered to BYA in advance of the Acceptance of the Vessel for Auction.
  17. Preview Period: For Vessels with Minimum Bids over $100 thousand dollars once the Vessel is ready to go live, there will be a Preview Period of 30 or 60 days when Registered Bidders may ask questions of the Broker directly through the link on the Vessels Auction Page, make an in-person inspection of the Vessel and conduct and rely on their own due diligence which will be arranged between the Broker and the Bidder each assuming their own expense and risk. At the conclusion of the Preview Period the Vessel will go live to a 48-hour on-line Auction and may include pre-registered telephone bidders. The Broker may reduce the Reserve at any time even when the Auction is underway. The Broker must be always available to BYA when the Auction is live.
  18. Purchase Price: the amount of the Winning Bid is the “Purchase Price.”
  19. Price: is defined as the lowest price at which the Seller has agreed to sell the Vessel.
  20. Rolling Auction: Is open to Bidders over a seven (7) to thirty (30) day period and accepts bids throughout that period until its expiry at a pre-set date and time.
  21. Sellers Fees: As a Seller you risk only your listing fee of $97 if asking price is under $100k and $297.00 if the price is over $100k.
  22. Seller: The term “Seller” may refer to the Broker or the Owner of the Vessel
  23. Seller’s Agreement: That one page agreement by which the Seller grants the authority to sell.
  24. Survey: Each seller will submit a current (within 6 months) survey by an accredited marine surveyor approved by BYA Cost of the survey will be recaptured as an additional charge to the Buyer.
  25. Winning Bid: Is the highest Bid (above the Reserve Price) acknowledged by BYA at the close of the Auction.



  1. BYA anticipates an average two-week period from a request to list a Vessel and the exchange of initial information, including description, photographs, current survey, service records, videos etc. to the date BYA accepts or rejects the Vessel for Auction on the Website at its sole discretion. (“Acceptance”). If requested, BYA will have the Vessel professionally photographed and staged by our experienced vendors for a fee of $350.00. BYA is of the opinion that a professionally staged Vessel can serve to raise the Marketing Profile above the traditional brokerage market. We collaborate with the Brokers to establish a strategy for each individual Vessel and our marketing team actively promotes each Auction to Bidders internationally.
  2. BYA cannot deal directly with the owners of Vessels but will only work with Vessels under agreement with a Yacht Broker (“Broker”) to whom the Owner has granted the exclusive authority to sell the Vessel. The Broker and the Owner understand that as a condition precedent to the acceptance of a Vessel for Auction BYA is the exclusive venue for sale of the Vessel from the Acceptance of the Vessel through the close of Auction. (the “Exclusivity Period”) No other advertisements for the sale of the vessel shall run in any publication or digital platform during the Exclusivity Period. If you are an owner and do not have a Yacht Broker, BYA can help to provide you a list of Brokers in your area. BYA does not endorse or recommend any Yacht Broker the selection of which Broker you choose is entirely yours and you release and indemnify BYA from any claims for damages because of the Broker’s actions or inactions.
  3. All Brokers must demonstrate their exclusive authority to bind the owner of the Vessel to sell the Vessel at the Purchase Price (“Seller”). Brokers must complete a Seller’s Agreement confirming the Brokers Authority to act for the owner and the power to form a binding contract for the sale of the Vessel at the Reserve Price or higher.
  4. The role of a Yacht Broker role remains the same and does not change. the Broker will show the Vessel and attend sea trials and manage the closing and financial transactions, assist in assembling a photographic essay on the Vessel (which may include video) all required documents, and ensure a current survey is available or if necessary, make the appropriate arrangements for a survey to be conducted by the Certified Marine Surveyor of your choice at the Owner’s expense. The cost of any survey prepared for the Auction will be returned as an additional credit to the Seller at the conclusion of the Auction if the Vessel is sold. Brokers will in each instance forward the BYA the Seller’s Agreement which is a short form that guarantees the Brokers full authority to sell the Vessel at the Reserve Price or higher. In some instances, Brokers may qualify for a marketing inducement from BYA which is separate from any fees paid under any other agreement between the Broker and Owner or the Buyer and Owner.
  5. The Seller’s registration process on the Website will ask a series of questions and requires the upload of certain documents photographs and other information into your account. (“Seller Content”) You are responsible for the accuracy of any information you submit to us in relation to your access to and use of the Services which you will verify and must keep updated. By certifying the information, you have uploaded BYA is entitled to rely on the information you provide as accurate, and you agree to fully indemnify and hold BYA harmless from any claims to the contrary.
  6. Fee: BYA will market your boat to our digital audience and as a Seller you risk only your listing fee of $97 if asking price is under $100k and $297.00 if the price is over $100k.

In connection with the Services, Registered Sellers may choose between absolute auctions, selling without a reserve or minimum price, Rolling Auctions with a limited timeline or reserve auctions, where the Vessel may be sold with a minimum price that may or may not be disclosed to Bidders. Each Seller must complete and sign the BYA Seller’s Agreement before any vessel can go live at Auction. The BYA Sellers agreement is found here.

Absolute Auction
Absolute auctions are typically for smaller Vessels and are conducted with no minimum price. The Vessel will sell for the highest bid entered during the Auction.

Rolling Auction
Is open to Bidders over a seven (7) to thirty (30) day period and accepts bids throughout that period until its expiry at a pre-set date and time.

Reserve Auction
If a Seller chooses a reserve Auction, Seller will provide to BYA a minimum price at which the Seller is willing to sell the listed Vessel (the “Reserve”) prior to BYA’s publication of the Seller’s listing.

Preview Period
For Vessels with Minimum Bids over $100 thousand dollars once the Vessel is ready to go live, there will be a Preview Period of 30 or 60 days when Registered Bidders may ask questions of the Broker directly through the link on the Vessels Auction Page, make an in-person inspection of the Vessel and conduct and rely on their own due diligence which will be arranged between the Broker and the Bidder each assuming their own expense and risk. At the conclusion of the Preview Period the Vessel will go live to a 48-hour on-line Auction and may include pre-registered telephone bidders. The Broker may reduce the Reserve at any time even when the Auction is underway. The Broker must be always available to BYA when the Auction is live.

There is no Preview Period for Vessels with Minimum Bids under $100 thousand dollars.

If a Reserve Auction ends without the Reserve Price being reached, at the Seller’s request BYA will connect the last highest bidder and the Seller in case a deal is still to be had. If that conversation results in a sale the Buyer’s Premium will apply. If any person who bid at the Auction closes a sale with the Seller within 90 days of the Auction close, the Buyer’s Premium will apply. If no sale is reached either through a winning bid or by other agreement between the Buyer and Seller, then the Seller is free to do what he/she wants to sell the boat including relisting it for a future BYA Auction. Seller may reduce or waive the Reserve prior to or during the Auction by notifying BYA of such change via email. BYA, in its sole discretion, reserves the right to withdraw a Vessel from Auction at any time.

Unless otherwise noted the term “Vessel” is defined to include all safety gear, machinery, equipment, furniture, consumables, and all other appurtenances on board the Vessel as of the date of its listing, except for items listed specifically excluded by the Seller in writing at the time of the listing of the Vessel, excluded items are not included in the sale of the Vessel.


  1. BYA does not claim ownership of Seller Content. By submitting any Seller Content including any Vessel survey or inventory, you grant to BYA and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, reproduce, sell, display, store, cache, use or otherwise exploit all or any portion of the Seller Content in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed, including but not limited to in stores, printed marketing materials, emails, web pages, social media accounts and for any other marketing, advertising, public relations, sales or promotional purposes with or without attribution and without further notice to you. Neither you, nor any other person or entity, will have the right to (i) receive any royalty or consideration of any kind for the use of the Seller Content pursuant to these Terms or (ii) inspect or approve the editorial copy or other material that may be used in connection with the Seller Content. BYA retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any Seller Content for any reason or no reason. Subject to the licenses granted in these Terms, you retain ownership of any copyright and other rights you may have in the Seller Content.
  2. By submitting Seller Content, you represent and warrant that (i) you own or control any and all rights in and to the Seller Content, and that you hold the right to grant all of the rights and licenses in these Terms, and if you are not the holder of such rights, the holder of such rights has completely and effectively waived all such rights in writing and irrevocably granted to you the right to use the Seller Content and to grant the licenses stated above without the need for payment to you or any other person or entity; (ii) you have obtained permission from any individuals or other third parties that appear in the Seller Content to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or to them or any other person or entity; (iii) you are 21 years of age or older; and (iv) the Seller Content does not contain false or misleading information, infringe on the intellectual property, privacy, publicity, statutory, contractual or other rights of any third party, contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing or hateful content, contain any addresses, email addresses, phone numbers or any contact or personal information or contain computer viruses, worms or other harmful files Trojans or malware. Upon request by BYA, you will furnish BYA any documentation, substantiation or releases necessary to verify your compliance with these Terms.
  3. As You are solely responsible for the Seller Content, you hereby agree to defend, indemnify, and hold BYA and its employees, agents, affiliates, brokerages, brokers, surveyors, assignees, and licensees harmless from all damages, claims, losses, expenses, costs or fees (including attorney’s fees) arising from or in connection with a breach of any of the foregoing representations or your violation of any law or any rights of a third party.

    BYA does not and cannot guarantee the truthfulness, accuracy, or reliability of any Seller Content. BYA will take reasonable measures to verify any public information disclosed by any Seller. BYA does not endorse any opinions expressed by the Seller, any Broker, Bidder, you, or anyone else. By relying on the Seller Content to place a bid you do so knowingly assuming all associated risk and fully and unconditionally release and forever discharge indemnify and hold BYA and its officers, directors, employees, agents, affiliates, brokerages, brokers, and surveyors harmless from all claims, demands, losses, expenses, costs and damages (actual or consequential, direct or indirect), whether now known or unknown, suspected or unsuspected, contingent or fixed, of every kind and nature relating to, arising out of or in any way connected with: (i) disputes between you and a Buyer or one or more Users or any other person or entity, or (ii) the use by BYA of the Seller Content, including, without limitation all claims that BYA’s use of the Seller Content violates any of your intellectual property rights, copyrights, rights of publicity or privacy, “moral rights,” or rights of attribution and integrity or that the veracity of the Seller Content has caused you to take affirmative actions in reliance thereon.

  4. If BYA becomes aware of any Seller Content that may not conform to these Terms or that it deems objectionable or in violation of applicable law BYA may remove or delete any Seller Content without notice. BYA has no liability or responsibility to Users for performance or nonperformance of such activities.
  5. BYA is not responsible or liable for failure to digitally store or to safeguard any Seller Content or other materials you transmit through the Services.


  1. Prior to the commencement of the Auction, it is the Bidder’s sole responsibility to perform any inspections, investigations and other prudent due diligence Bidder deems pertinent to the purchase of the subject Vessel. Bidder is responsible, and it’s bid confirms, that Bidder is satisfied as to the condition of the Vessel prior to bidding and has reviewed all due diligence materials and Seller Content provided with respect to the Vessel. BYA recommends a personal onsite inspection of the Vessel.
  2. BYA assumes no liability for errors or omissions in any Seller or Broker disclosures or any other Vessel listings or advertising, promotional or publicity statements and materials. The Bidder assumes all risk associated with its due diligence and Vessel investigation. BYA does not and cannot guarantee the truthfulness, accuracy, or reliability of any Seller Content.
  3. All Vessels are sold in existing “As-Is, Where-Is” condition and “With All Faults”. No representation, warranty, or condition is expressed or implied by BYA and its employees, agents, affiliates, brokerages, brokers, surveyors, or the Seller as to description, quality, fitness for a particular purpose, condition of the Vessel in any manner whatsoever and any such representation, warranty, and condition is expressly waived by the Buyer.
  4. By registering as a Bidder and bidding at the Auction, you represent, warrant and agree that: (i) you have reviewed all due diligence materials related to the Vessel, you have had the time and opportunity to inspected the Vessel or are satisfied with all the available materials on the Vessel, you are familiar and satisfied with the condition of the Vessel and you have conducted such investigation of the Vessel as you deemed appropriate, (ii) neither BYA nor Seller, nor any affiliate, agent, officer, employee or representative of either of them, has made any verbal or written representation, warranty, promise or guarantee whatsoever to you, expressed or implied, and in particular, that no such representations, warranties, guarantees, or promises have been made with respect to the condition, operation, or any other matter or thing affecting or related to the Vessel and/or the offering or sale of the Vessel, (iii) you have not relied upon any representation, warranty, guarantee or promise or upon any statement made or any information provided concerning the Vessel without your thorough independent investigation (iv) you have bid after having relied solely on your own independent investigation, inspection, due diligence, analysis, appraisal and evaluation of the Vessel (v) you and your Broker have actual authority to enter a bid and to enter into the contract for sale that is implied between Seller and Bidder for sale at the Highest Bid in excess of the Reserve Price (as defined below) and you have the capacity to close the transaction pursuant to the Broker’s standard Purchase and Sale Contract.
  5. You acknowledge that information provided or to be provided by or on behalf of the Seller with respect to the Vessels including, without limitation, all information contained on the Website, or any other printed or online materials being made available to you was obtained from Seller and/or Seller’s agents. BYA has not made any independent investigation or verification of such information, and has no obligation to disclose to any Bidder, and shall have no liability for its failure to disclose to any Bidder, any information known to BYA relating to any Vessel except as may be required by law.
  6. BYA is not liable or bound in any manner by any oral or written statements, representations or information pertaining to the Vessel, or the operation thereof, made or furnished by any Broker, Owner or any other person.



Except for Seller provided Content, the Service and all materials provided or available therefore or transferred in the process hereof (the “BYA Content”), all intellectual property and other proprietary rights related thereto, are the exclusive property of BYA and its licensors. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such intellectual property and proprietary rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any BYA Content. Use of BYA Content for any purpose not expressly permitted by these Terms is strictly prohibited.

“Best Yacht Auctions”, the Best Yacht Auctions logo, and any other product or service name or slogan displayed on our Service are trademarks of Best Yacht Auctions and its suppliers or licensors, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Best Yacht Auctions or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Best Yacht Auctions” or any other name, trademark or product or service name of Best Yacht Auctions without our prior written permission. In addition, the look and feel of our Service, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Best Yacht Auctions and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in our Service are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us and are used with permission or under the doctrine of Fair Use.

You agree to defend, indemnify and hold harmless BYA from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property or proprietary rights; (iv) your violation of any applicable law, rule or regulation; (v) Seller Content or any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Service with your unique username, password or other appropriate security code.




Governing Law. You agree that: (i) the Service shall be deemed solely based in NEW BEDFORD BRISTOL COUNTY, MASSACHUSETTS (The “Service Jurisdiction”); and (ii) the Service shall be deemed a passive service that does not give rise to personal jurisdiction over B.Y.A. or its personnel, officers owners and agents, either specific or general, in jurisdictions other than Service Jurisdiction. These Terms shall be governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to these Terms shall be governed by the Federal Arbitration Act (9 USC §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Massachusetts for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree as a bargained for provision of this agreement that Massachusetts is the proper forum for any appeals of an arbitration award or for trial court proceedings if the arbitration provision below is found to be unenforceable.

Disputes. Read this section carefully as it limits the way you can seek relief from BYA. For any dispute with BYA, you agree to first contact us at and attempt to resolve the dispute with us informally. In the unlikely event that a dispute has not been resolved after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (solely excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms, any Auction or Vessel, including the breach or alleged breach of these Terms (collectively, “Claims”), by binding arbitration before the Maritime Arbitration Association of the United States Massachusetts office (“MMA”). The arbitration will be conducted in One Washington Mall Boston, MA 02108 or at the direction of MMA at another location in the Commonwealth of Massachusetts. Each party will be responsible for paying any MMA filing, administrative and arbitrator fees pursuant to and in accordance with MMA’s rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses. Nothing in this Section shall be deemed as preventing BYA from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property, or other proprietary rights.

Class Action/Jury Trial Waiver. With respect to all persons and entities, regardless of whether they have obtained or used the Service for personal, commercial, or other purposes, all claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and BYA are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind with respect to any action concerning or naming BYA.


Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred, or assigned by you, but may be assigned by BYA without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.] SD.

Notification Procedures and Changes to these Terms. BYA may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our Website, as determined by BYA in our sole discretion. BYA reserves the right to determine the form and means of providing notifications to its Users if you may opt out of certain means of notification as described in these Terms. BYA is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. BYA may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically as all changes are binding on you. All changes are effective immediately when posted and apply to all access to and use of the Website and the Services thereafter. We also reserve the right to withdraw or amend this Website, and any Service we provide, in our sole discretion without notice. Your continued use of the Website and the Services following the posting of revised Terms means that you accept and agree to the changes. If at any time you find these Terms unacceptable, you must immediately leave the Website and cease all use of the Services and the Website.

Entire Agreement. These Terms, together with any amendments and any additional agreements you may enter with BYA in connection with the Service, shall constitute the entire agreement between you and BYA concerning the Service.

Severability. If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible to affect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect.

No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and BYA’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Website Functions and Availability. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.

Expiration of Claims.. Any claim or cause of action you may have with respect to BYA, the Website and/or the Service must be commenced within one (1) year after the claim or cause of action arose or it will be waived.

Force Majeure. Neither party will be liable or responsible nor be deemed to have defaulted or breached this Agreement for any failure or delay in performance under this Agreement when and to the extent such failure or delay is materially interrupted or caused by or results from acts or circumstances beyond such party’s reasonable control, including, without limitation, acts of God, flood, hurricane, typhoon, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, lockdown orders quarantine orders, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage, linking to the website and social media features.