Delivery and Redelivery. The Charterer, as bareboat charter operator of the Vessel before entry and inception of this Charter, is fully aware of the Vessel’s condition. The Charterer agrees that the Vessel’s condition is acceptable in every respect whatsoever and that the Vessel is in full compliance with this Charter. Accordingly, the Vessel shall be deemed delivered and taken over strictly “as is, where is” and, notwithstanding any term, condition, representation or warranty whatsoever (whether express or implied) to the contrary, the Charterer shall not have or assert (and hereby waives) all claims whatsoever against the Owner, whether known or unknown, suspected or unsuspected, accrued or unaccrued, with respect to the Vessel. The Charterer acknowledges and agrees that all conditions and recommendations of class shall be removed before the Vessel is redelivered to the Owner if it is not purchased pursuant to Part I Clause 7(f) of the Bareboat Charter. If any latent defect, deficiency or non-conformity should appear or arise during the Charter Term, the Charterer shall repair or replace the same at its cost and in its time. The Charterer agrees that the Owner shall not have any liability whatsoever to the Charterer if the Vessel should prove to be unsuitable for the Charterer’s purposes for any reason whatsoever, or if the Vessel should cease to be available to the Charterer for any reason whatsoever except where the Charterer is deprived of the use of the Vessel by an independent breach of this Charter by the Owner. At the end of the Charter Term the Charterer shall redeliver the Vessel to the Owner at the place of redelivery specified in Part I.
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Samples: Bareboat Charter Agreement (NCL CORP Ltd.), Bareboat Charter Agreement (NCL CORP Ltd.)
Delivery and Redelivery. The ChartererOWNER agrees to deliver the yacht in full commission and in proper working order, outfitted as bareboat a yacht of her size, type and accommodations, with full equipment, inclusive of that required by law, and fully furnished, including galley and dining utensils and blankets, staunch, clean and in good condition throughout and ready for service. Nevertheless, should it be impossible for the OWNER to make delivery as stipulated through causes beyond his control and should such delivery be not made within two (2) days thereafter, then this Agreement may be canceled by the CHARTERER and any charter operator money paid in advance shall be returned to him, which shall be CHARTERER'S sole remedy. The CHARTERER agrees to redeliver the yacht, her equipment and furnishings, free and clear of any indebtedness incurred for the CHARTERER'S account, at the expiration of this charter, to the OWNER, at his dock in as clean a state as when delivery was taken, ordinary wear and tear excepted. If the yacht is not redelivered in a clean condition, CHARTERER will be charged $250.00 for cleaning, which will be deducted from security and damage deposit. The CHARTERER is responsible for allowing sufficient time for redelivery, but should it be impossible for the CHARTERER to make redelivery of the Vessel before entry yacht as stipulated, he shall immediately notify OWNER, and inception he shall pay such demurrage pro rata to the OWNER for the time that such redelivery is delayed, and in addition thereto shall pay all costs of such redelivery, if any, except in the event of total loss to such yacht, in which event the rights and obligations of the parties shall be determined by other provisions of this Charter, is fully aware of the Vessel’s condition. The Charterer agrees that the Vessel’s condition is acceptable in every respect whatsoever and that the Vessel is in full compliance with this Charter. Accordingly, the Vessel shall be deemed delivered and taken over strictly “as is, where is” and, notwithstanding any term, condition, representation or warranty whatsoever (whether express or implied) to the contrary, the Charterer shall not have or assert (and hereby waives) all claims whatsoever against the Owner, whether known or unknown, suspected or unsuspected, accrued or unaccrued, with respect to the Vessel. The Charterer acknowledges and agrees that all conditions and recommendations of class shall be removed before the Vessel is redelivered to the Owner if it is not purchased pursuant to Part I Clause 7(f) of the Bareboat Charter. If any latent defect, deficiency or non-conformity should appear or arise during the Charter Term, the Charterer shall repair or replace the same at its cost and in its time. The Charterer agrees that the Owner shall not have any liability whatsoever to the Charterer if the Vessel should prove to be unsuitable for the Charterer’s purposes for any reason whatsoever, or if the Vessel should cease to be available to the Charterer for any reason whatsoever except where the Charterer is deprived of the use of the Vessel by an independent breach of this Charter by the Owner. At the end of the Charter Term the Charterer shall redeliver the Vessel to the Owner at the place of redelivery specified in Part I.Agreement.
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Samples: Bareboat/Demise Charter Agreement
Delivery and Redelivery. The Charterer, as bareboat charter operator of the Vessel before entry and inception of this Charter, is fully aware of the Vessel’s condition. The Charterer agrees that the Vessel’s condition is acceptable in every respect whatsoever and that the Vessel is in full compliance with this Charter. Accordingly, the Vessel shall be deemed delivered and taken over strictly “as is, where is” and, notwithstanding any term, condition, representation or warranty whatsoever (whether express or implied) to the contrary, the Charterer shall not have or assert (and hereby waives) all claims whatsoever against the Owner, whether known or unknown, suspected or unsuspected, accrued or unaccrued, with respect to the Vessel. The Charterer acknowledges and agrees that at delivery the Vessel will be subject to certain conditions of class, that the Charterer will arrange for these conditions to be removed within the time allowed by the Classification Society and that in any event all conditions and recommendations of class shall be removed before the Vessel is redelivered to the Owner if it is not purchased pursuant to Part I Clause 7(f) of the Bareboat CharterOwner. If any latent defect, deficiency or non-conformity should appear or arise during the Charter Term, the Charterer shall repair or replace the same at its cost and in its time. The Charterer agrees that the Owner shall not have any liability whatsoever to the Charterer if the Vessel should prove to be unsuitable for the Charterer’s purposes for any reason whatsoever, or if the Vessel should cease to be available to the Charterer for any reason whatsoever except where the Charterer is deprived of the use of the Vessel by an independent breach of this Charter by the Owner. At the end of the Charter Term the Charterer shall redeliver the Vessel to the Owner at the place of redelivery specified in Part I.I free of class conditions or recommendations, free of average damage affecting class and otherwise in the same structure, state, order, condition and class as at the [*], fair wear and tear excepted.
Appears in 1 contract
Delivery and Redelivery. The ChartererOWNER agrees to deliver the Yacht in full commission and in proper working order, outfitted as bareboat a yacht of her size, type and accommodations, with full equipment, inclusive of that required by law, and fully furnished, including galley and dining utensils and blankets, staunch, clean and in good condition throughout and ready for service. Fuel and water tanks shall be completely full, and all safety equipment inspected and presented to the CHARTERER at the time of delivery. Nevertheless, should it be impossible for the OWNER to make delivery as stipulated through causes beyond his control by the date and time the CHARTERER requested, then this Agreement may be canceled by the CHARTERER and any charter operator money paid in advance shall be returned to the CHARTERER, which shall be the CHARTERER'S sole remedy. The CHARTERER agrees to redeliver the Yacht, her equipment, and furnishings, free and clear of any indebtedness incurred for the CHARTERER'S account, at the expiration of this charter, to the OWNER, at his dock, or mutually agreed upon location, in as clean a state as when delivery was taken, ordinary wear and tear excepted. If the Yacht is not returned in a clean condition, CHARTERER will be charged $350.00 for cleaning, which will be deducted from security and damage deposit. The CHARTERER is responsible for allowing sufficient time for redelivery, but should it be impossible for the CHARTERER to make redelivery of the Vessel before entry Yacht as stipulated, he shall immediately notify OWNER, and inception he shall pay such demurrage pro rata to the OWNER for the time that such redelivery is delayed, in the amount of $350 per hour, not to exceed $3500 per day, and in addition thereto shall pay all costs of such redelivery, if any, except in the event of total loss to such Yacht, in which event the rights and obligations of the parties shall be determined by other provisions of this Charter, is fully aware Agreement. The CHARTERER agrees to return the vessel with as much fuel as the CHARTERER received it with or pay the sum of $6.25 per gallon refueling fee. NAVIGATION LIMITS: The OWNER does not guarantee any destinations. The navigational limits of the VesselYacht are determined by the Yacht’s condition. The Charterer insurance policy; thus the CHARTERER agrees that to restrict the Vessel’s condition is acceptable in every respect whatsoever and that cruising of the Vessel is in full compliance with this Charter. Accordingly, the Vessel shall be deemed delivered and taken over strictly “as is, where is” and, notwithstanding any term, condition, representation or warranty whatsoever (whether express or implied) Yacht to the contrary, coastal and inland waters of the Charterer shall State of Florida not have or assert (and hereby waives) all claims whatsoever against the Owner, whether known or unknown, suspected or unsuspected, accrued or unaccrued, with respect to the Vesselexceed 25 miles from Florida shoreline at any time. The Charterer acknowledges and agrees that all conditions and recommendations of class shall be removed before the Vessel is redelivered to the Owner if it Night sailing is not purchased pursuant to Part I Clause 7(f) allowed and the CHARTERER should not navigate any unfamiliar or unlighted harbors except between the hour of the Bareboat Charter0900 and 1700. If any latent defect, deficiency or non-conformity should appear or arise during the Charter Term, the Charterer shall repair or replace the same at its cost and in its time. The Charterer agrees that the Owner shall not have any liability whatsoever to the Charterer if the Vessel should prove to be unsuitable for the Charterer’s purposes for any reason whatsoeverthe CHARTERER shall operate or take the Yacht outside the navigational limits herein, or if the Vessel should cease to be available without notice to the Charterer OWNER in writing and without proper insurance the CHARTERER shall be liable and responsible for any reason whatsoever except where all loss and damage to the Charterer yacht and the CHARTERER'S party, and all sums paid under this Agreement, including the security and damage deposit, shall be forfeited as damages. The Yacht has a range of 200 nautical miles when fuel tanks are full. The CHARTERER agrees and acknowledges this is deprived not a sailing vessel and if they run out of fuel, shall pay all expenses for towing and retrieval of the use of the Vessel by an independent breach of this Charter by the Owner. At the end of the Charter Term the Charterer shall vessel as well as any refueling charges or damages required to recover and redeliver the Vessel vessel to the Owner at the place of redelivery specified in Part I.OWNER.
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Samples: Bareboat/Demise Charter Agreement