Common use of Notices, time and place of delivery Clause in Contracts

Notices, time and place of delivery. a) The Sellers shall keep the Buyers well informed of the Vessel’s itinerary and shall provide the Buyers with 20, 15, 10, 7, 5 and 3 days’ notice of the estimated time of arrival and 1 day’s definite notice of the time of arrival at the intended place of delivery. When the Vessel is at the place of delivery and in every respect physically ready for delivery in accordance with this Agreement, and subject to the Parties having procured the Charterer’s and the Buyers’ execution of the Charterparty respectively, the Sellers shall give the Buyers a written Notice of Readiness for delivery. b) The Vessel shall be delivered charter-free (subject to the Buyers’ obligations to charter the Vessel to the This document is a computer generated SALEFORM 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 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. Charterer at the time of delivery in accordance with the Charterparty without prejudice to the provisions of Clause 5(a) hereof) and taken over safely afloat at a safe and accessible berth or accessible buoy or anchorage worldwide in the Sellers’ option. Expected time of delivery: between 15th of September and 31st of October 2014, in the Sellers’ option. Date of cancelling (see Clauses 5c), 6b)(iii) and 14): 31st of October 2014, in the Buyers’ option (“Cancelling Date”). c) If the Sellers anticipate that, notwithstanding the exercise of due diligence by them, the Vessel will not be ready for delivery by the Cancelling Date they may notify the Buyers in writing stating the date when they anticipate that the Vessel will be ready for delivery and propose a new cancelling date. Upon receipt of such notification the Buyers shall have the option of either cancelling this Agreement in accordance with Clause 14 within 5 days of receipt of the notice or of accepting the new date as the new cancelling date. If the Buyers have not declared their option within 5 days of receipt of the Sellers’ notification or if the Buyers accept the new date, the date proposed in the Sellers’ notification shall be deemed to be the new cancelling date and shall be substituted for the Cancelling Date stipulated in line 61. If this Agreement is maintained with the new cancelling date all other terms and conditions hereof including those contained in Clauses 5 a) and 5 c) shall remain unaltered and in full force and effect. Cancellation or failure to cancel shall be entirely without prejudice to any claim for damages the Buyers may have under Clause 14 for the Vessel not being ready by the original cancelling date. d) Should the Vessel become an actual, constructive or compromised total loss before delivery the Deposit together with interest earned shall be released immediately to the Buyers whereafter this Agreement shall be null and void.

Appears in 1 contract

Samples: Memorandum of Agreement for Sale and Purchase of Ships (Product Shipping Ltd.)

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Notices, time and place of delivery. a) The Sellers shall keep the Buyers well informed of the Vessel’s itinerary and shall provide the Buyers with 20, 15, 10, 7, 5 and 3 days’ notice of the estimated time of arrival and 1 day’s definite notice of the time of arrival at the intended place of delivery. When the Vessel is at the place of delivery and in every respect physically ready for delivery in accordance with this Agreement, and subject to the Parties having procured the Charterer’s and the Buyers’ execution of the Charterparty respectively, the Sellers shall give the Buyers a written Notice of Readiness for delivery. b) The Vessel shall be delivered charter-free (subject to the Buyers’ obligations to charter the Vessel to the This document is a computer generated SALEFORM 1993 form printed by authority of the Norwegian Shipbrokers’ Shipbroker’s Association. Any insertion or deletion to the form must be clearly visible. In the event of any modification made to is the pre-printed text of this document which is not dearly 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. Charterer provide the Buyers with 30, 20, 10, 5 and 3 days approximate notice of the estimated time of arrival at the time intended place of drydocking/underwater inspection/ delivery. When the Vessel is at the place of delivery and in every respect physically ready for delivery in accordance with this Agreement, the Charterparty without prejudice to Sellers shall give the provisions Buyers a written Notice of Clause 5(aReadiness for delivery. b) hereof) The Vessel shall be delivered and taken over safely afloat at a safe and accessible berth or accessible buoy or anchorage at/in worldwide in the Sellers’ optionoption provided that the same is always within IWL but excluding areas breaching UN, USA or EU sanctions and also Bulgaria, Cambodia, Cuba, Georgia (Abkhazia), Great Lakes, Israel, former Yugosiavia. Ebola reported areas in West Africa, and war areas as may be declared by Sellers’ and/or Buyers’ war-risk underwriters from time to time and area(s) and/or country(ies) where the Vessel and/or Buyers could be boycotted as a result of Vessel calling at such area(s) or country(ies). Expected time of delivery: between 15th of Between 22 February 2015 and 30 September and 31st of October 20142015 on a banking day, i.e., Saturdays, Sundays, holidays excluded - in the Sellers’ option. The Sellers further undertake that the Vessel shall be delivered to the Buyers once the existing charterer, Xxxxxx X. Xxxxxx KG of Hamburg, Germany, redeliver the Vessel back to the Sellers according to the time charterparty dated 11 December 2003. Date of cancelling canceling (see Clauses 5c), 6b)(iii6b) (iii) and 14): 31st of October 2014, 30 September 2015 in the Buyers’ option (“Cancelling Date”)option. c) If the Sellers anticipate that, notwithstanding the exercise of due diligence by them, the Vessel will not be ready for delivery by the Cancelling Date canceling date they may notify the Buyers in writing stating the date when they anticipate that the Vessel will be ready for delivery and propose a new cancelling canceling date. Upon receipt of such notification the Buyers shall have the option of either cancelling canceling this Agreement in accordance with Clause 14 within 5 7 running5 banking days of receipt of the notice or of accepting the new date as the new cancelling canceling date. If the Buyers have not declared their option within 5 7 running5 banking days of receipt of the Sellers’ notification or if the Buyers accept the new date, the date proposed in the Sellers’ notification shall be deemed to be the new cancelling canceling date and shall be substituted for the Cancelling Date canceling date stipulated in line 61. If this Agreement is maintained with the new cancelling canceling date all other terms and conditions hereof including those contained in Clauses 5 a5a) and 5 c5c) shall remain unaltered and in full force and effect. Cancellation or failure to cancel shall be entirely without prejudice to any claim for damages the Buyers may have under Clause 14 for the Vessel not being ready by the original cancelling date. d) Should the Vessel become an actual, actual constructive or compromised total loss before delivery the Deposit dDeposit together with interest earned shall be released immediately to the Buyers whereafter this Agreement shall be null and void.

Appears in 1 contract

Samples: Memorandum of Agreement for Sale and Purchase of Ships (Cambridge Holdco, Inc.)

Notices, time and place of delivery. a) The Sellers shall keep the Buyers well informed Informed of the Vessel’s itinerary and shall provide the Buyers with 20, 15, 10, 7, 5 and 3 days’ notice of the estimated time of arrival and 1 day’s definite notice of the time of arrival at the intended place of delivery. When the Vessel is at the place of delivery and in every respect physically ready for delivery in accordance with this Agreement, and subject to the Parties having procured the Charterer’s and the Buyers’ execution of the Charterparty respectively, the Sellers shall give the Buyers a written Notice of Readiness for delivery. b) The Vessel shall be delivered charter-free (subject to the Buyers’ obligations to charter the Vessel to the This document is a computer generated SALEFORM 1993 form printed by authority of the Norwegian Shipbrokers’ Shipbroker’s Association. Any insertion or deletion to the form must be clearly visible. In the event of any modification made to is the pre-printed text of this document which is not dearly 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. Charterer provide the Buyers with 30, 20, 10, 5 and 3 days approximate notice of the estimated time of arrival at the time intended place of drydocking/underwater inspection/ delivery. When the Vessel is at the place of delivery and in every respect physically ready for delivery in accordance with this Agreement, the Charterparty without prejudice to Sellers shall give the provisions Buyers a written Notice of Clause 5(aReadiness for delivery. b) hereof) The Vessel shall be delivered and taken over safely afloat at a safe and accessible berth or accessible buoy or anchorage at/in worldwide in the Sellers’ optionoption provided that the same is always within IWL but excluding areas breaching UN, USA or EU sanctions and also Bulgaria, Cambodia, Cuba, Georgia (Abkhazia), Great Lakes, Israel, former Yugoslavia, Ebola reported areas in West Africa, and war areas as may be declared by Sellers’ and/or Buyers’ war-risk underwriters from time to time and area(s) and/or country(ies) where the Vessel and/or Buyers could be boycotted as a result of Vessel calling at such area(s) or country(ies). Expected time of delivery: between 15th of September Between 24 December 2014 and 31st of October 201430 June 2015 on a banking day, i.e., Saturdays, Sundays, holidays excluded - in the Sellers’ option. The Sellers further undertake that the Vessel shall be delivered to the Buyers once the existing charterer, Xxxxxx X. Xxxxxx KG of Hamburg, Germany, redeliver the Vessel back to the Sellers according to the time charterparty dated 11 December 2003. Date of cancelling canceling (see Clauses 5c), 6b)(iii6b) (iii) and 14): 31st of October 2014, 30 June 2015 in the Buyers’ option (“Cancelling Date”)option. c) If the Sellers anticipate that, notwithstanding the exercise of due diligence by them, the Vessel will not be ready for delivery by the Cancelling Date canceling date they may notify the Buyers in writing stating the date when they anticipate that the Vessel will be ready for delivery and propose a new cancelling canceling date. Upon receipt of such notification the Buyers shall have the option of either cancelling canceling this Agreement in accordance with Clause 14 within 5 7 running5 banking days of receipt of the notice or of accepting the new date as the new cancelling canceling date. If the Buyers have not declared their option within 5 7 running5 banking days of receipt of the Sellers’ notification or if the Buyers accept the new date, the date proposed in the Sellers’ notification shall be deemed to be the new cancelling canceling date and shall be substituted for the Cancelling Date canceling date stipulated in line 61. If this Agreement is maintained with the new cancelling canceling date all other terms and conditions hereof including those contained in Clauses 5 a5a) and 5 c5c) shall remain unaltered and in full force and effect. Cancellation or failure to cancel shall be entirely without prejudice to any claim for damages the Buyers may have under Clause 14 for the Vessel not being ready by the original cancelling date. d) Should the Vessel become an actual, actual constructive or compromised total loss before delivery the Deposit dDeposit together with interest earned shall be released immediately to the Buyers whereafter this Agreement shall be null and void.

Appears in 1 contract

Samples: Memorandum of Agreement (Cambridge Holdco, Inc.)

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Notices, time and place of delivery. a) The Sellers shall keep the Buyers well informed of the Vessel’s itinerary and shall provide the Buyers with 20, 15, 10, 7, 5 and 3 days’ notice of the estimated time of arrival and 1 day’s definite notice of the time of arrival at the intended place of delivery. When the Vessel is at the place of delivery and in every respect physically ready for delivery in accordance with this Agreement, and subject to the Parties having procured the Charterer’s and the Buyers’ execution of the Charterparty respectively, the Sellers shall Shall give the Buyers a written Notice notice of Readiness for delivery. b) The Vessel shall be delivered charter-free (subject to the Buyers’ obligations to charter the Vessel to the . This document is a computer generated SALEFORM 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 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. . b) The Vessel shall be delivered charter-free (subject to the Buyers’ obligations to charter the Vessel to the Charterer at the time of delivery in accordance with the Charterparty without prejudice to the provisions of Clause 5(a) hereof) and taken over safely afloat at a safe and accessible berth or accessible buoy or anchorage worldwide in the Sellers’ option. Expected time of delivery: between 15th of September and 31st of October 2014, in the Sellers’ option. Date of cancelling (see Clauses 5c), . 6b)(iii) and 14.14): 31st of October 2014, in the Buyers’ option (“Cancelling Date”). c) If the Sellers anticipate that, notwithstanding the exercise of due diligence by them, the Vessel will not be ready for delivery by the Cancelling Date they may notify the Buyers in writing stating the date when they anticipate that the Vessel will be ready for delivery and propose a new cancelling date. Upon receipt of such notification the Buyers shall have the option of either cancelling this Agreement in accordance with Clause 14 within 5 days of receipt of the notice or of accepting the new date as the new cancelling date. If the Buyers have not declared their option within 5 days of receipt of the Sellers’ notification or if the Buyers accept the new date, the date proposed in the Sellers’ notification shall be deemed to be the new cancelling date and shall be substituted for the Cancelling Date stipulated in line 61. If this Agreement is maintained with the new cancelling date all other terms and conditions hereof including those contained in Clauses 5 a) and 5 c) shall remain unaltered and in full force and effect. Cancellation or failure to cancel shall be entirely without prejudice to any claim for damages the Buyers may have under Clause 14 for the Vessel not being ready by the original cancelling date. d) Should the Vessel become an actual, constructive or compromised total loss before delivery the Deposit together with interest earned shall be released immediately to the Buyers whereafter this Agreement shall be null and void.

Appears in 1 contract

Samples: Memorandum of Agreement (Product Shipping Ltd.)

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