Common use of Condition on delivery Clause in Contracts

Condition on delivery. The Vessel with everything belonging to her shall be at the Sellers' risk and expense until she is delivered to the Buyers, but subject to the terms and conditions of this Agreement she shall be delivered and taken over as she was at the time of inspection, fair wear and tear excepted. However, the Vessel shall be delivered free of cargo and free of stowaways with her Class maintained without condition/recommendation*, free of average damage affecting the Vessel's class, and with her classification certificates and national, international, trading and statutory certificates, as well as all other certificates the Vessel had at the time of inspection, valid and unextended for a period of six (6) months without This document is a computer generated SALEFORM 2012 form printed by authority of the Norwegian Shipbrokers' Association. Any insertion or deletion to the form must be clearly visible. In the event of any modification made to the pre-printed text of this document which is not clearly visible, the text of the original approved document shall apply. BIMCO and the Norwegian Shipbrokers' Association assume no responsibility for any loss, damage or expense as a result of discrepancies between the original approved document and this computer generated document. condition/recommendation* by the Classification Society or the relevant authorities at the time of delivery. The Sellers shall notify the Buyers of any matters to their knowledge prior to delivery which upon being reported to the Classification Society would lead to the withdrawal of the Vessels Class or to the imposition of a recommendation relating to her Class. "inspection" in this Clause 11, shall mean the Buyers' inspection according to Clause 4(a) or 4(b) (Inspections), if applicable. If the Vessel is taken over without inspection, the date of this Agreement shall be the relevant date. *Notes and memoranda, if any, in the surveyor's report which are accepted by the Classification Society without condition/recommendation are not to be taken into account.

Appears in 4 contracts

Samples: Memorandum of Agreement (Euronav NV), Memorandum of Agreement (Euronav NV), Memorandum of Agreement (Euronav NV)

AutoNDA by SimpleDocs

Condition on delivery. The Vessel with everything belonging to her shall be at the Sellers' risk and expense until she is delivered to the Buyers, and shall be delivered fully in accordance with the Shipbuilding Contract and this Agreement (including but not limited to clause 22 – Modifications). but subject to the terms and conditions of this Agreement she shall be delivered and taken over as she was at the time of inspection, fair wear and tear excepted. The Sellers shall act with due diligence and in good faith to protect the Buyers’ interest in the Vessel and shall only accept delivery of the Vessel from the Builder when the Vessel is fully in accordance with the Shipbuilding Contract and this Agreement (including but not limited to clause 22 – Modifications). However, the Vessel shall be delivered free of cargo and free of stowaways with her Class maintained without condition/recommendation*, save for minor conditions/recommendations that are i) normally seen on newbuildings, ii) not overdue, and iii) does not affect the Vessel’s ability to trade. The Vessel shall be delivered free of average damage affecting the Vessel's ’s class, and with her interim classification certificates and national, international, trading and statutory national certificates, as well as all other certificates the Vessel had at the time of inspectioninspection delivery of the Vessel from the Builder to the Sellers, valid and unextended without condition/recommendation* by the Classification Society (save for a period minor conditions/recommendations as set out above in line 315) or the relevant authorities at the time of six delivery. All relevant certificates and documents shall state that the Vessel is delivered in 2015. If the Sellers pursuant to the Shipbuilding Contract have to accept provisional or interim certificates, the Sellers undertake to provide the Buyers with formal and final and unextended certificates as soon as possible. If the Vessel is delivered with minor conditions/recommendations that are i) normally seen on newbuildings, ii) not overdue and iii) does not affect the Vessels ability to trade, the Sellers undertake to provide the Buyers with formal, final and unextended certificates as soon as possible. For the avoidance of doubt, all costs in connection with the provision of formal, final and unextended certificates shall be for the Sellers account. “inspection” in this Clause 11, shall mean the Buyers’ inspection according to Clause 4(a) or 4(b) (6) months Inspections), if applicable. if the Vessel is taken over without inspection the date of this Agreement shall be the relevant date. *Notes and memoranda, if any, in the surveyor’s report which are accepted by the Classification Society without condition/recommendation are not to be taken into account. This document is a computer generated SALEFORM 2012 form printed by authority of the Norwegian Shipbrokers' Association. Any insertion or deletion to the form must be clearly visible. In the event of any modification made to the pre-printed text of this document which is not clearly visible, the text of the original approved document shall apply. BIMCO and the Norwegian Shipbrokers' Association assume no responsibility for any loss, damage or expense as a result of discrepancies between the original approved document and this computer generated document. condition/recommendation* by the Classification Society or the relevant authorities at the time of delivery. The Sellers shall notify the Buyers of any matters to their knowledge prior to delivery which upon being reported to the Classification Society would lead to the withdrawal of the Vessels Class or to the imposition of a recommendation relating to her Class. "inspection" in this Clause 11, shall mean the Buyers' inspection according to Clause 4(a) or 4(b) (Inspections), if applicable. If the Vessel is taken over without inspection, the date of this Agreement shall be the relevant date. *Notes and memoranda, if any, in the surveyor's report which are accepted by the Classification Society without condition/recommendation are not to be taken into account.

Appears in 3 contracts

Samples: www.sec.gov, Memorandum of Agreement (Nordic American Offshore Ltd.), Memorandum of Agreement (Nordic American Offshore Ltd.)

Condition on delivery. The Vessel with everything belonging to her shall be at the Sellers' risk and expense until she is delivered to the Buyers, and shall be delivered fully in accordance with the Shipbuilding Contract and this Agreement (including but not limited to clause 22 – Modifications). but subject to the terms and conditions of this Agreement she shall be delivered and taken over as she was at the time of inspection, fair wear and tear excepted. The Sellers shall act with due diligence and in good faith to protect the Buyers’ interest in the Vessel and shall only accept delivery of the Vessel from the Builder when the Vessel is fully in accordance with the Shipbuilding Contract and this Agreement (including but not limited to clause 22 – Modifications). However, the Vessel shall be delivered free of cargo and free of stowaways with her Class maintained without condition/recommendation*, save for minor conditions/recommendations that are i) normally seen on newbuildings, ii) not overdue, and iii) does not affect the Vessel’s ability to trade. The Vessel shall be delivered free of average damage affecting the Vessel's ’s class, and with her interim classification certificates and national, international, trading and statutory national certificates, as well as all other certificates the Vessel had at the time of inspectioninspection delivery of the Vessel from the Builder to the Sellers, valid and unextended without condition/recommendation* by the Classification Society (save for a period minor conditions/recommendations as set out above in line 315) or the relevant authorities at the time of six delivery. All relevant certificates and documents shall state that the Vessel is delivered in 2015. If the Sellers pursuant to the Shipbuilding Contract have to accept provisional or interim certificates, the Sellers undertake to provide the Buyers with formal and final and unextended certificates as soon as possible. If the Vessel is delivered with minor conditions/recommendations that are i) normally seen on newbuildlngs, ii) not overdue and iii) does not affect the Vessels ability to trade, the Sellers undertake to provide the Buyers with formal, final and unextended certificates as soon as possible. For the avoidance of doubt, all costs in connection with the provision of formal, final and unextended certificates shall be for the Sellers account. “inspection” in this Clause 11, shall mean the Buyers’ inspection according to Clause 4(a) or 4(b) (6) months Inspections), if applicable. If the Vessel is taken over without inspection, the date of this Agreement shall be the relevant date. *Notes and memoranda, if any, in the surveyor’s report which are accepted by the Classification Society without condition/recommendation are not to be taken into account. This document is a computer generated SALEFORM 2012 form printed by authority of the Norwegian Shipbrokers' Association. Any insertion or deletion to the form must be clearly visible. In the event of any modification made to the pre-printed text of this document which is not clearly visible, the text of the original approved document shall apply. BIMCO and the Norwegian Shipbrokers' Association assume no responsibility for any loss, damage or expense as a result of discrepancies between the original approved document and this computer generated document. condition/recommendation* by the Classification Society or the relevant authorities at the time of delivery. The Sellers shall notify the Buyers of any matters to their knowledge prior to delivery which upon being reported to the Classification Society would lead to the withdrawal of the Vessels Class or to the imposition of a recommendation relating to her Class. "inspection" in this Clause 11, shall mean the Buyers' inspection according to Clause 4(a) or 4(b) (Inspections), if applicable. If the Vessel is taken over without inspection, the date of this Agreement shall be the relevant date. *Notes and memoranda, if any, in the surveyor's report which are accepted by the Classification Society without condition/recommendation are not to be taken into account.

Appears in 2 contracts

Samples: Memorandum of Agreement (Nordic American Offshore Ltd.), Memorandum of Agreement (Nordic American Offshore Ltd.)

Condition on delivery. 311 The Vessel with everything belonging to her shall be at the Sellers' risk and expense until she is 312 delivered to the Buyers, but subject to the terms and conditions of this Agreement she shall be 313 delivered and taken over as she was at the time of inspection, fair wear and tear excepted. 314 However, the Vessel shall be delivered free of cargo and free of stowaways with her Class 315 maintained without condition/recommendation*, free of average damage affecting the Vessel's 316 class, and with her classification certificates and national, international, trading and statutory national certificates, as well as all other 317 certificates the Vessel had at the time of inspection, valid and unextended for a period of six (6) months without This document is a computer generated SALEFORM 2012 form printed by authority of the Norwegian Shipbrokers' Association. Any insertion or deletion to the form must be clearly visible. In the event of any modification made to the pre-printed text of this document which is not clearly visible, the text of the original approved document shall apply. BIMCO and the Norwegian Shipbrokers' Association assume no responsibility for any loss, damage or expense as a result of discrepancies between the original approved document and this computer generated document. 318 condition/recommendation* by the Classification Society or the relevant authorities at the time 319 of delivery. The for at least 3 months after the date of delivery. Vessels Continuous Machinery Surveys to be valid and up to date. M/E Unit 5 is showing due which is presented to Class. Unit overhauling was completed by Sellers' Chief Engineer and report has been submitted to Class. Class does not require surveyor's attendance. All plans, drawings and instruction manuals (excluding ISM manuals, and any other company documents or software) which are on board shall be delivered to the Buyer's Master upon delivery of the vessel. All remaining plans, drawings, instruction manuals in the Sellers possession shall notify be forwarded to the Buyers of any matters technical management after delivery. Ships computers and network shall remain onboard but computer hard drives and server to their knowledge prior be removed, as per excluded items referred to delivery which upon being reported to the Classification Society would lead to the withdrawal of the Vessels Class or to the imposition of a recommendation relating to her Classin line 215. 320 "inspection" in this Clause 11, shall mean the Buyers' inspection according to Clause 4(a) or 321 4(b) (InspectionsInspection), if applicable. If the Vessel is taken over without inspection, the date of this 322 Agreement shall be the relevant date. 323 *Notes and memoranda, if any, in the surveyor's report which are accepted by the Classification 324 Society without condition/recommendation are not to be taken into account.

Appears in 2 contracts

Samples: First Original (DHT Holdings, Inc.), First Original (DHT Holdings, Inc.)

Condition on delivery. The Vessel with everything belonging to her shall be at the Sellers' risk and expense until she is delivered to the Buyers, but subject to the terms and conditions of this Agreement she shall be delivered and taken over with everything belonging to her in the same condition as she was at the time of inspection, fair wear and tear excepted. However, the Vessel shall be delivered free of cargo and free of stowaways with her Class maintained without condition/recommendation*, free of average damage affecting the Vessel's class, and with her classification certificates and national, international, trading and statutory certificates, as well as all other certificates the Vessel had at the time of inspection, valid and unextended for a period of six (6) months without This document is a computer generated SALEFORM 2012 form printed by authority of the Norwegian Shipbrokers' Association. Any insertion or deletion to the form must be clearly visible. In the event of any modification made to the pre-printed text of this document which is not clearly visible, the text of the original approved document shall apply. BIMCO and the Norwegian Shipbrokers' Association assume no responsibility for any loss, damage or expense as a result of discrepancies between the original approved document and this computer generated document. However, the Vessel shall be delivered free of cargo and free of stowaways with her present Class fully maintained without condition/recommendation*, and all survey cycles up to date and free of average damage affecting the Vessel’s class, and with her classification certificates and national, international and trading certificates per the documentary addendum referred to in Clause 8, as well as all other certificates the Vessel had at the time of inspection to be clean, valid and unextended until minimum 1st September 2018 without condition/ recommendation* by the Classification Society or the relevant authorities and which to be valid for a minimum period of at least three (3) months at the time of deliverydelivery (except any recommendations/conditions already imposed on the Vessel prior to inspection). The Sellers number/condition of lashing materials as of delivery shall notify be substantially same when the Buyers of any matters to their knowledge prior to delivery which upon being reported to the Classification Society would lead to the withdrawal of the Vessels Class or to the imposition of a recommendation relating to her Class. "inspection" in this Clause 11, shall mean Vessel was observe/inspected by the Buyers' inspection according , fair wear and tear excepted. Condition of such lashing materials is based on OSHA requirement. As to Clause 4(a) or 4(b) (Inspections)quantity, if applicable. If the Vessel is taken over without inspection, the date of this Agreement shall be the relevant date. *Notes and memoranda, if any, in the surveyor's report which are accepted fitted with lashing as per inventory provided by the Classification Society without condition/recommendation are not to Sellers. The lashing will be taken into accountconsidered Buyers’ stock as from the time of delivery of the Vessel.

Appears in 1 contract

Samples: Memorandum of Agreement (Performance Shipping Inc.)

Condition on delivery. The Vessel shall be delivered free of cargo, cargo residue and dunnage with clean decks as well as free of any leakages, free of any inappropriate substances and/or unrecorded slops and with the Vessel’s oil record book properly filled in. The Vessel with everything belonging to her shall be at the Sellers' risk and expense until she is delivered to the Buyers, but subject to the terms and conditions of this Agreement she shall be delivered and taken over as she was at the time of inspection, fair wear and tear excepted. However, the Vessel shall be delivered free of cargo and free of stowaways with her Class maintained without condition/recommendation*, free of average damage affecting the Vessel's class, and with her classification certificates and national, international, trading and statutory certificates, as well as all other certificates the Vessel had at the time of inspection, valid and unextended for a period of six (6) months without This document is a computer generated SALEFORM 2012 1993 form printed by authority of the Norwegian Shipbrokers' Association. Any insertion or deletion to the form must be clearly visible. In the event of any modification made to the pre-printed text of this document which is not clearly dearly visible, the text of the original approved document shall apply. BIMCO and the Norwegian Shipbrokers' Association assume no responsibility for any loss, damage or expense as a result of discrepancies between the original approved document and this computer generated document. delivered to the Buyers, but subject to the terms and conditions of this Agreement she shall be delivered and taken over as she was at the time of inspection referred to in Clause 4 a), fair wear and tear excepted. However, the Vessel shall be delivered with her class maintained without condition/recommendation*, free of average damage affecting the Vessel’s class, and with her classification certificates and all national and international trading/statutory certificates, as well as all other certificates the Vessel had at the time of inspection referred to in Clause 4 a), valid and unextended without condition/recommendation* and/or exemptions whatsoever by the Classification Society Class or the relevant authorities for a minimum period of 6 months from the date of delivery. All Vessel’s continuous survey cycles to be fully up to date at the time of delivery. The Sellers shall notify the Buyers of any matters to their knowledge prior to delivery which upon being reported to the Classification Society would lead to the withdrawal of the Vessels Class or to the imposition of a recommendation relating to her Class. "inspection" in this Clause 11, shall mean the Buyers' inspection according to Clause 4(a) or 4(b) (Inspections), if applicable. If the Vessel is taken over without inspection, the date of this Agreement shall be the relevant date. *Notes and memoranda, if any, in the surveyor's report which are accepted by the Classification Society without conditionwith no outstandings and/or conditions/recommendation are not to be taken into accountrecommendations.

Appears in 1 contract

Samples: Memorandum of Agreement (Product Shipping Ltd.)

Condition on delivery. The Vessel with everything belonging to her shall be at the Sellers' risk and expense until she is delivered to the Buyers, but subject to the terms and conditions of this Agreement she shall be delivered and taken over as she was at the time of inspectioninspection of the Vessel’s Class records, fair wear and tear excepted. However, the Vessel shall be delivered free of cargo and free of stowaways with her Class maintained without condition/recommendation*, free of average damage affecting the Vessel's ’s class, and with her classification certificates and national, international, trading and statutory national certificates, as well as all other certificates the Vessel had at the time of inspectioninspection of the Vessel’s Class records, valid for three (3) months and unextended for a period without condition/recommendation* by the Classification Society or the relevant authorities at the time of six (6) months without delivery. This document is a computer generated SALEFORM 2012 form printed by authority of the Norwegian Shipbrokers' Association. Any insertion or deletion to the form must be clearly visible. In the event of any modification made to the pre-printed text of this document which is not clearly visible, the text of the original approved document shall apply. BIMCO and the Norwegian Shipbrokers' Association assume no responsibility for any loss, damage or expense as a result of discrepancies between the original approved document and this computer generated document. condition/recommendation* by the Classification Society or the relevant authorities at the time of delivery. The Sellers shall notify the Buyers Classification Society of any matters coming to their knowledge prior to delivery which upon being reported to the Classification Society would lead to the withdrawal of the Vessels Vessel’s Class or to the imposition of a recommendation relating to her Class. "inspection" in this Clause 11, shall mean the Buyers' inspection according to Clause 4(a) or 4(b) (Inspections), if applicable. If the Vessel is taken over without inspection, the date of this Agreement shall be the relevant date. ** Notes and memoranda, if any, in the surveyor's ’s report which are accepted by the Classification Society without condition/recommendation are not to be taken into account.

Appears in 1 contract

Samples: Memorandum of Agreement (Euronav NV)

Condition on delivery. The Vessel with everything belonging to her shall be at the Sellers' Sellers risk and expense until she is delivered to the Buyers, but subject to the terms and conditions of this Agreement she shall be delivered and taken over as she was at the time of inspection, fair wear and tear exceptedexcepted charter free, cargo free, on a strictly “as is/where is” basis at the time of delivery and with all Vessel’s certificates to be delivered as on board at the time of delivery whether valid or expired. However, the Vessel shall be delivered free of cargo and free of stowaways with her Class class maintained Sellers shall provide class maintained certificate under lay-up condition. without condition/recommendation*, free of average damage affecting the Vessel's ’s class, and with her classification certificates and national, international, trading and statutory national certificates, as well as all other certificates the Vessel had at the time of inspection, valid and unextended for a period of six (6) months without This document is a computer generated SALEFORM 2012 form printed by authority of the Norwegian Shipbrokers' Association. Any insertion or deletion to the form must be clearly visible. In the event of any modification made to the pre-printed text of this document which is not clearly visible, the text of the original approved document shall apply. BIMCO and the Norwegian Shipbrokers' Association assume no responsibility for any loss, damage or expense as a result of discrepancies between the original approved document and this computer generated document. condition/recommendation* by the Classification Society Class or the relevant authorities at the time of delivery. The Sellers shall notify the Buyers of any matters to their knowledge prior to delivery which upon being reported to the Classification Society would lead to the withdrawal of the Vessels Class or to the imposition of a recommendation relating to her Class. ", “inspection" in this Clause 11, shall mean the Buyers' inspection according to Clause 4(a4 a) or 4(b) (Inspections4 b), if applicable, or the Buyers’ inspection prior to the signing of this Agreement. If the Vessel is taken over ever without inspection, the date of this Agreement shall be the relevant date. *Notes No warranty is given or to be implied as to the condition of the Vessel, her merchantability or fitness for purpose and memoranda, implied warranties in respect thereof are expressly excluded to the extent permitted by law. * Notes. if any, in the surveyor's ’s report which are accepted by the Classification Society without condition/recommendation are not to be taken into account.

Appears in 1 contract

Samples: Memorandum of Agreement (Freeseas Inc.)

AutoNDA by SimpleDocs

Condition on delivery. 311 The Vessel with everything belonging to her shall be at the Sellers' risk and expense until she is 312 delivered to the Buyers, but subject to the terms and conditions of this Agreement she shall be 313 delivered and taken over as she was at the time of inspection, fair wear and tear excepted. 314 However, the Vessel shall be delivered free of cargo and free of stowaways with her Class 315 maintained without condition/recommendation*, free of average damage affecting the Vessel's 316 class, and with her classification certificates and national, international, trading and statutory national certificates, as well as all other 317 certificates the Vessel had at the time of inspection, valid and unextended for a period of six (6) months without This document is a computer generated SALEFORM 2012 form printed by authority of the Norwegian Shipbrokers' Association. Any insertion or deletion to the form must be clearly visible. In the event of any modification made to the pre-printed text of this document which is not clearly visible, the text of the original approved document shall apply. BIMCO and the Norwegian Shipbrokers' Association assume no responsibility for any loss, damage or expense as a result of discrepancies between the original approved document and this computer generated document. 318 condition/recommendation* by the Classification Society or the relevant authorities at the time 319 of delivery. The In case class recommendation is newly added on the Vessel between the date of this contract and date of actual delivery for sale however such recommendation only calls for repair at the Vessel' s next schedule dock, the Sellers shall notify have the option either to repair same or to make a cash settlement to the Buyers in lieu of any matters such repairs with such settlement being based on average quotation received from minimum two reputable repair yards within the agreed delivery range. The way to their knowledge prior obtain quotation shall be based on repair plan in accordance with Class guidance and shall be disclosed to delivery which upon being reported to the Classification Society would lead to the withdrawal of the Vessels Class or to the imposition of a recommendation relating to her Classeach party. "320 “inspection" in this Clause 11, shall mean the Buyers' inspection according to Clause 4(a) or 321 4(b) (InspectionsInspection), if applicable. If the Vessel is taken over without inspection, the date of this 322 Agreement shall be the relevant date. *323 “Notes and memoranda, if any, in the surveyor's report which are accepted by the Classification 324 Society without condition/recommendation are not to be taken into account.

Appears in 1 contract

Samples: Memorandum of Agreement

Condition on delivery. The Vessel shall be delivered "as is" however with her class maintained, free of class conditions/recommendations affecting the class with all her National and International certificates clean and valid with at least two (2) months validitity at the time of delivery. CSM items to be also up to date without out-standings. (except it the vessel is in Special Survey Machinery Cycle and the CSM system is not applicable) All plans, drawings and instruction manuals (excluding ISM manuals) which are on board shall be delivered to the Buyers' Master as they are upon delivery of the Vessel. All remaining plans, drawings and instruction manuals in the Sellers' possession shall be forwarded to the Buyers' main office after delivery. Forwarding charges, if any, shall be for the Buyers account. Logbooks shall be retained by the Sellers. However the Buyers have the right to take photocopies of the available logbooks onboard before delivery at the Buyers' cost. The Vessel with everything belonging to her shall be at the Sellers' risk and expense until she is delivered to the Buyers, but subject to the terms and conditions of this Agreement she shall be delivered and taken over as she was at the time of inspection, fair wear and tear excepted. However, the Vessel shall be delivered free of cargo and free of stowaways with her Class class maintained without condition/recommendation*, free of average damage affecting the Vessel's class, and with her classification certificates and national, international, trading and statutory national certificates, as well as all other certificates the Vessel had at the time of inspection, valid and unextended for a period of six (6) months without This document is a computer generated SALEFORM 2012 form printed by authority of the Norwegian Shipbrokers' Association. Any insertion or deletion to the form must be clearly visible. In the event of any modification made to the pre-printed text of this document which is not clearly visible, the text of the original approved document shall apply. BIMCO and the Norwegian Shipbrokers' Association assume no responsibility for any loss, damage or expense as a result of discrepancies between the original approved document and this computer generated document. condition/recommendation* by the Classification Society Class or the relevant authorities at the time of delivery. The Sellers shall notify the Buyers of any matters to their knowledge prior to delivery which upon being reported to the Classification Society would lead to the withdrawal of the Vessels Class or to the imposition of a recommendation relating to her Class. "inspection" in this Clause 11, shall mean the Buyers' inspection according to Clause 4(a) or 4(b) (Inspections), if applicable. If the Vessel is taken over without inspection, the date of this Agreement shall be the relevant date. *Notes and memoranda, if any, in the surveyor's report which are accepted by the Classification Society without condition/recommendation are not to be taken into account.

Appears in 1 contract

Samples: Memorandum of Agreement (DryShips Inc.)

Condition on delivery. The vessel with everything belonging to her shall be at the Sellers' risk and expense until she is delivered to the Buyers, but subject to the terms and conditions of this Agreement she shall be delivered and taken over as she was at the time of inspection, fair wear and tear expected (other than for defective parts, if any, ascertained by the underwater survey, which shall be dealt with as per terms of Cl. 6 of this Agreement), with her class maintained without condition/recommendation (*),. and with her classification certificates and national certificates, as well as all other certificates, valid and un-extended without condition/recommendation by Class at time of delivery. All plans, drawings and instruction manuals (excluding ISM manuals) which are on board shall be delivered to the Buyers' Master as they are upon delivery of the Vessel. All remaining plans, drawings and instruction manuals in the Sellers' possession shall be forwarded to the Buyers' main office after delivery. Forwarding charges, if any, shall be for the Buyers account. Logbooks shall be retained by the Sellers. However the Buyers have the right to take photocopies of the available logbooks onboard before delivery at the Buyers' cost. The Vessel with everything belonging to her shall be at the Sellers' risk and expense until she is delivered to the Buyers, but subject to the terms and conditions of this Agreement she shall be delivered and taken over as she was at the time of inspection, fair wear and tear excepted. However, the Vessel shall be delivered free of cargo and free of stowaways with her Class class maintained without condition/recommendation*, free of average damage affecting the Vessel's class, and with her classification certificates and national, international, trading and statutory national certificates, as well as all other certificates the Vessel had at the time of inspection, valid and unextended for a period of six (6) months without This document is a computer generated SALEFORM 2012 form printed by authority of the Norwegian Shipbrokers' Association. Any insertion or deletion to the form must be clearly visible. In the event of any modification made to the pre-printed text of this document which is not clearly visible, the text of the original approved document shall apply. BIMCO and the Norwegian Shipbrokers' Association assume no responsibility for any loss, damage or expense as a result of discrepancies between the original approved document and this computer generated document. condition/recommendation* by the Classification Society Class or the relevant authorities at the time of delivery. The Sellers shall notify the Buyers of any matters to their knowledge prior to delivery which upon being reported to the Classification Society would lead to the withdrawal of the Vessels Class or to the imposition of a recommendation relating to her Class. "inspection" in this Clause 11, shall mean the Buyers' inspection according to Clause 4(a) or 4(b) (Inspections), if applicable. If the Vessel is taken over without inspection, the date of this Agreement shall be the relevant date. *Notes and memoranda, if any, in the surveyor's report which are accepted by the Classification Society without condition/recommendation are not to be taken into account.

Appears in 1 contract

Samples: Memorandum of Agreement (DryShips Inc.)

Condition on delivery. The Vessel with everything belonging to her shall be at the Sellers' risk and expense until she is delivered to the Buyers, but subject to the terms and conditions of this Agreement she shall be delivered and taken over as she was at the time of inspection, fair wear and tear excepted. However, the Vessel shall be delivered with her class maintained without condition/recommendation*, free of average damage affecting the Vessel's class, and with her classification certificates and national certificates, as well as all other certificates the Vessel had at the time of inspection, valid and unextended without condition/recommendation* by Class or the relevant authorities at the time of delivery. "Inspection" in this Clause 11, shall mean the Buyers' inspection according to Clause 4 a) or 4 b), if applicable, or the Buyers' inspection prior to the signing of this Agreement. If the Vessel is taken over without inspection, the date of this Agreement shall be the relevant date. *Notes, if any, in the surveyor's report which are accepted by the Classification Society without condition/recommendation are not to be taken into account. 11.Condition on delivery The Vessel with everything belonging to her shall be at the Sellers' risk and expense until she is delivered to the Buyers, but subject to the terms and conditions of this Agreement she shall be delivered and taken over as she was at the time of inspection, fair wear and tear excepted. However, the Vessel shall be delivered free of cargo and free of stowaways with her cClass maintained without condition/recommendation*, free of average damage affecting the Vessel's class, and with her classification certificates and national certificates, as well as all other certificates the Vessel had at the time of inspection, valid and unextended without condition/recommendation* by the Classification SocietyClass or the relevant authorities at the time of delivery. "iInspection" in this Clause 11, shall mean the Buyers' inspection according to Clause 4 (a) or 4 (b) (Inspection), if applicable, or the Buyers' inspection prior to the signing of this Agreement. If the Vessel is taken over without inspection, the date of this Agreement shall be the relevant date. *Notes and memoranda, if any, in the surveyor's report which are accepted by the Classification Society without condition/recommendation are not to be taken into account. 11. Condition on delivery The Vessel with everything belonging to her shall be at the Sellers' risk and expense until she is delivered to the Buyers, but subject to the terms and conditions of this Agreement she shall be delivered and taken over as she was at the time of inspection, fair wear and tear excepted. However, the Vessel shall be delivered free of cargo and free of stowaways with her Class maintained without condition/recommendation*, free of average damage affecting the Vessel's class, and with her classification certificates and national, international, trading and statutory national certificates, as well as all other certificates the Vessel had at the time of inspection, valid and unextended for a period of six (6) months without This document is a computer generated SALEFORM 2012 form printed by authority of the Norwegian Shipbrokers' Association. Any insertion or deletion to the form must be clearly visible. In the event of any modification made to the pre-printed text of this document which is not clearly visible, the text of the original approved document shall apply. BIMCO and the Norwegian Shipbrokers' Association assume no responsibility for any loss, damage or expense as a result of discrepancies between the original approved document and this computer generated document. condition/recommendation* by the Classification Society or the relevant authorities at the time of delivery. The Sellers shall notify the Buyers of any matters to their knowledge prior to delivery which upon being reported to the Classification Society would lead to the withdrawal of the Vessels Class or to the imposition of a recommendation relating to her Class. "inspection" in this Clause 11, shall mean the Buyers' inspection according to Clause 4(a) or 4(b) (InspectionsInspection), if applicable. If the Vessel is taken over without inspection, the date of this Agreement shall be the relevant date. *Notes and memoranda, if any, in the surveyor's report which are accepted by the Classification Society without condition/recommendation are not to be taken into account.

Appears in 1 contract

Samples: www.bimco.org

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!