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)

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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. 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. 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. 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. 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 for Sale and Purchase of Ships (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 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 conditionondition/recommendationrecommendation *, free of average damage affecting the Vessel's class, in full compliance with latest IMO/Marpol/SOLAS regulations 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, including continuous survey cycles, fully up to date, valid and unextended for a period of six at least 3 months (6) months without This document is a computer generated SALEFORM 2012 form printed by authority of the Norwegian Shipbrokers' Association. Any insertion or deletion Sellers guaranteeing that to the form must be clearly visible. In best of their knowledge the event of vessel's next safety equipment and safety radio annual surveys after delivery will not require major renewals/repairs), without 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 outstandings whatsoever and/or without 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. "inspectionInspection" 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 without inspection, the date of this Agreement shall be the relevant date. *Notes and memoranda* 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. 12. Name/markings Buyers to repaint stacks but have the right to maintain vessel's name. Upon delivery the Buyers undertake to change the name of the Vessel and alter funnel markings.

Appears in 1 contract

Samples: Memorandum of Agreement (Mc Shipping Inc)

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Condition on delivery. The Vessel with everything belonging to her will shall be at the Sellers' risk and expense expence until she is delivered to the Buyers, but subject to the the. terms and conditions of this Agreement she shall be delivered and taken over in the same condition as she was at the time of inspection, fair wear and tear excepted. However, the The Vessel shall is to be delivered free of cargo and free of stowaways with her Class class fully maintained without condition/recommendation*recommendation and with all survey cycles for hull and machinery up to date, and free of average damage affecting which is known to the Vessel's class, Sellers and which affects Class and with her classification certificates and all national, international, international and trading and statutory certificates, as well as all other certificates the Vessel had at the time of inspection, to be clean, unextended and valid for a minimum of 3 (three) months at the time of delivery without conditions/recommendations by Class or relevant authorities. The Vessel is to be delivered with current inventory of lashing equipment, which to be verified by a joint survey between the representatives of the Buyers and the Sellers. In case of insufficient lashings, the Sellers are to make cash compensation to the Buyers at the time of delivery.*, 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 for a period without condition/recommondation* by Class or the relevant-authorities at the time 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 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 1 contract

Samples: Memorandum of Agreement for Sale and Purchase of Ships (Diana Containerships Inc.)

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, 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 1 contract

Samples: Memorandum of Agreement

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