Warranty and PAYMENT TERMS

Financing:

• Requires a minimum of 30% deposit down.

• A letter of approval from a financial institution or designated bank is required.

Cash Purchases:

• 20% initial deposit required to get the boat into the production line.

• An additional 40% deposit is required before production begins.

Deposits:

• All deposits must be brought to 60% before production of the vessel begins. This applies to all agreements.

• Deposits are non-refundable.

Change Orders:

• Any change orders made after production begins will incur additional fees.

Payment Instructions:

• Checks should be made payable to:

• Chittum Yachts, LLC

• 4577 SW Cargo Way

• Palm City, FL 34990

• Florida ReSale Tax # 53-8016882897-3

Chittum Yachts Warranty Information:

• The warranty for the Islamorada 18’/21’ and Challenger 18’ extends for 10 years after purchase by the original buyer.

• Coverage includes the hull, deck, and all composite parts manufactured by Chittum Yachts.

• Paint and gel-coat are covered under the manufacturer’s warranty.

• All systems, including resin and cores, are covered by their respective manufacturer’s warranties.

• The warranty does not cover damages resulting from misuse.

terms and conditions

Manufacturer’s Warranty on used boat, motor and/or accessories sold pursuant to this Agreement are only subject to applicable manufacturer’s warranties, if any, except as otherwise expressly provided in this agreement. Chittum Yachts LLC does not warranty used boats, motors, trailers, or equipment. 2. DISCLAIMER OF WARRANTIES: THE USED BOAT, MOTOR, TRAILER, AND ACCESSORIES BEING PURCHASED PURSUANT TO THIS AGREEMENT ARE SOLD BY SELLER “AS IS” AND SELLER MAKES NO WARRANTIES ON ITS OWN BEHALF, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, unless Seller gives Buyer a written warranty on its own behalf or Seller enters into a service contract in connection with this sale within 90 days of sale. If Seller gives Buyer a written warranty on its own behalf or enters a service contract in connection with this sale or within 90 days of sale, then any implied warranties shall be limited in duration to the duration of Seller’s written warranty or service contract. IN ALL CASES, THE SELLER SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE BREACH OF THIS AGREEMENT, ANY EXPRESS OR IMPLIED WARRANTIES, OR OTHERWISE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. 3. DELIVERY. The buyer understands that the seller may not have in stock the boat, motor, and/or accessories being purchased pursuant to this Agreement, and the seller may have to order such motor and/or accessories from the manufacturer. In such event, Buyer agrees that the delivery date specified on the reverse side hereof is subject to any delays, from whatever cause occurring in the manufacturer’s delivery of the boat, motor, and/or accessories to Seller. Buyer further agrees that Seller shall not be liable for any delay caused by circumstances beyond Seller’s reasonable control, nor shall any such delay be grounds for cancellation of this Agreement. If the boat, motor, and/or accessories have not been received by Seller by the specified delivery date, Seller agrees to notify Buyer when such boat, motor, and/or accessories are ultimately received by it. Buyer agrees to take delivery of the boat, motor, and/or accessories from Seller, and to pay the balance of the purchase price within ten days of receiving such notice. The boat, motor, and/or accessories purchased pursuant to this Agreement are delivered F.O.B. at Seller’s location designated on the front side of this Agreement. Delivery of the boat, motor, and/or accessories being purchased pursuant to this Agreement is subject to payment in full of the balance due. 4. BUYER’S FAILURE: LIQUIDATED DAMAGES. If Buyer fails to take delivery and pay the full balance due within said ten-day period, the buyer agrees to pay (a) Seller’s interest on the balance due at the lesser of eighteen percent per annum or the maximum rate permitted to be contracted for by applicable law, and (b) a per diem storage charge, until Buyer pays the balance of the purchase price. Alternatively, Seller shall have the right to cancel this Agreement without further notice to Buyer. In the event of such cancellation, Buyer shall thereupon become indebted to Seller in an amount equal to all sums received by Seller as deposits, and Seller may retain said deposit as and for liquidated damages within the meaning of section 2-718 of the Uniform Commercial Code. Buyer agrees that the amount of such liquidated damages is reasonable in light of the anticipated or actual harm caused by failure, the difficulty of proof of loss, and the inconvenience or no feasibility of otherwise obtaining an adequate remedy. 5. TRADE-IN. Buyer agrees that any boat, motor, and/or accessories to be traded in by Buyer as part of the sale, if any, are subject to, at Seller’s option, appraisal, survey, and/or sea trial by Seller before final acceptance thereof, and that any trade-in allowance set forth on the front side of this Agreement may be adjusted to account for any defects or other detrimental conditions discovered through such appraisals which affect the value of the boat, motor, and/or accessories taken in trade, or Seller may elect not to accept the trade. Buyer understands that Seller intends to immediately attempt to resell the boat, motor, and/or accessories being traded in. Buyer agrees to immediately execute and deliver to Seller such documents of title as are necessary to enable Seller to sell the trade-in boat, motor, and/or accessories to a prospective third-party purchaser. Buyer further agrees that such trade-in boat, motor, and/or accessories, or the net cash derived by Seller from the sale of such trade-in boat, motor, and/or accessories, shall constitute an additional “deposit” for purposes of paragraph 4 above. In the event Seller invokes its option to cancel pursuant to the provisions of said paragraph 4, Buyer warrants that any trade-in boat, motor, and/or accessories are owned solely by Buyer, free and clear of all liens, encumbrances, and security interests of any kind, except as noted otherwise in this Agreement. 6. PRIOR USE. Buyer acknowledges that a new boat being purchased pursuant to this Agreement may have hours of use prior to delivery, as a result of pre-testing. 7. MODEL OR DESIGN CHANGES. Buyer understands that the manufacturer retains the right to make changes in the model or design of its new boats, as well as its accessories, at any time. Buyer agrees that any such changes will not obligate either Seller or the manufacturer to make corresponding changes in the particular boat, motor, and/or accessories covered by this Agreement, either before or after the delivery thereof to Buyer. 8. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties and no other verbal, written, or printed representation, claims, or inducements are incorporated into this Agreement unless in writing and signed by both parties. This Agreement supersedes any prior Purchase Agreement between Buyer and Seller for the purchase of a boat, motor, and/or accessories that had not been consummated. Except as specifically set forth in this Agreement, Seller disclaims any representation or statement by any agent’s employees or representatives, whether verbal or in writing, in advertisements or brochures, and Buyer has not relied upon any such representations or statements. 9. ATTORNEYS’ FEES. In the event it is necessary for Seller to employ an attorney to enforce any of the terms of this Agreement or to defend a lawsuit arising out of this Agreement, then Buyer shall pay all of Seller’s costs, including reasonable attorney fees, whether incurred in trial, appellate bankruptcy court proceedings, plus court costs, depositions, investigations, travel expenses, and any other necessary expenses unless a judgment is entered against Seller for the complete relief sought in any complaint or pleading. 10. GOVERNING LAW. The parties agree that this Agreement shall be governed by the laws of the state in which Seller’s location designated on the front side of this order is situated. 11. ASSIGNMENT. The Buyer may not assign this Agreement without the express written approval of the Seller. 12. MISCELLANEOUS. If any provision of this Agreement is held invalid, such invalidity shall not affect other provisions. Where a provision can be construed as valid, it shall be so construed. Seller is an independent business enterprise and not an agent of the distributor or the manufacturer, and no party to this Agreement shall make such a claim. This Agreement will be binding on the parties and their respective heirs, legal representatives, successors, and assigns.

ALL CHANGES MUST BE IN WRITING AND EMAILED TO 'changeorder@chittumskiffs.com'

*Change Orders after production begins will include fees (Quotes for new boat builds are good for 30 days from initial agreement date)