Vessel Condition Clause Samples
The Vessel Condition clause defines the required state and maintenance standards of a vessel at the time of delivery and throughout the charter period. It typically specifies that the vessel must be seaworthy, properly equipped, and compliant with relevant regulations, and may outline inspection rights or procedures for reporting deficiencies. This clause ensures that the vessel is fit for its intended use, thereby protecting the interests of the charterer and minimizing disputes over operational readiness or safety.
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Vessel Condition. (a) Each Shipowner (i) at all times and without cost or expense to the Mortgagee, will maintain and preserve, or cause to be maintained and preserved, ordinary wear and tear and insured losses excepted, its Vessel or Vessels and all its equipment, outfit and appurtenances, other than Vessels in lay-up pursuant to the terms hereof, tight, staunch, strong, in good condition, working order and repair and in all respects seaworthy and fit for its intended service except to the extent it could not reasonably be expected to result in a Material Adverse Change, and (ii) will keep its Vessel or Vessels, or cause her to be kept and maintained, in such condition as will entitle her to maintain classification and rating for ships of the same age and type, free of notices, recommendations or qualifications which negatively affect such classification in the classification society indicated on Schedule I attached hereto and made a part hereof or Lloyds Registry of Shipping, Det norske Veritas, Bureau Veritas, American Bureau of Shipping, or any other member of the International Association of Classification Societies or such other classification society of like standing approved by the Mortgagee (acting at the direction of the Agent or the Trustee). No Shipowner will make, or permit to be made, any substantial change in the structure, type or speed of any Vessel that would materially diminish the value of any Vessel.
(b) Each Shipowner agrees to give the Mortgagee at least ten (10) days written notice of the actual date and place of any survey or drydocking of a Vessel for the purpose of repairs in an amount exceeding 20% of the Fair Market Value of such Vessel in order that the Mortgagee may have representatives present if desired.
(c) Each Shipowner agrees to submit its Vessel or Vessels regularly to such periodical or other surveys as may be required for classification purposes and will promptly supply to the Mortgagee copies of all reports issued in respect thereof.
(d) Each Shipowner shall comply in all material respects or use commercially reasonable efforts to procure that the operator of each of the Vessels, other than the Vessels in lay-up pursuant to the terms hereof, will comply in all material respects within the requisite applicable time limits for vessels of the same type, size, age and flag of the Vessels with the International Management Code for the Safe Operation of Ships and for Pollution Prevention (as the same may be amended from time to time, the “...
Vessel Condition. Licensee represents and warrants that the Vessel will be maintained in a seaworthy, operable condition and will maintain the Vessel's appearance, which will include regular cleaning, maintenance and/or replacement of all painted and varnished surfaces, all bright work, rigging, safety equipment and any other appurtenances of the Vessel. City shall be sole judge of the adequacy of the Vessel's condition, maintenance and appearance.
Vessel Condition. The Vessel and all auxiliary watercraft shall at all times remain operational and otherwise seaworthy. Vessel Owner shall well maintain the Vessel's appearance and the appearance of any dinghy or other auxiliary watercraft, including regular cleaning, maintenance and replacement of all painted and varnished surfaces, all bright work, canvas and similar covers, rigging, safety equipment and any other appurtenances of the Vessel. Varnish and similar coatings must be maintained in good, non-deteriorated condition, and the Vessel’s bottom must be cleaned at least every 90 days by Vessel Owner or a professional diver who has in effect worker compensation insurance coverage as an employee, or personal general liability insurance with a policy limit of not less than $500,000. Vessel Owner shall visit the Vessel at least every 30 calendar days to verify she is in good and safe condition, as required by this Agreement. The determination of adequacy of a ▇▇▇▇▇▇'s appearance is within the sole discretion of the Marina. If equipped with an engine or motor, it must be operable and capable of producing sufficient way to make the Vessel maneuverable. If the Vessel is a sailboat without an engine, she must be equipped with sails, and her standing and running rigging must be in good and serviceable condition. Vessel Owner shall comply with all local, state and federal statutes, ordinances and requirements pertaining to the seaworthiness, safety, operation and all other matters related to the Vessel while she is at the marina and elsewhere.
Vessel Condition. All vessels shall be maintained in good, safe and seaworthy condition and shall not be allowed to become unsightly or be reduced to a dilapidated condition. Trash shall not be stored on deck nor shall laundry be hung from the vessel at any time.
Vessel Condition. Any and all boats, personal belongings and equipment must be well kept and maintained in operating condition or said equipment shall be removed, by the Lessor, from the Association’s docks after fifteen (15) day notice to Lessee. In addition, all boats requiring State Certification must be kept current.
Vessel Condition. LICENSEE represents and warrants that the Vessel is seaworthy, fully operable and will be maintained in a seaworthy, operable condition and will maintain the Vessel’s appearance, which will include regular cleaning, maintenance and/or replacement of all painted and varnished surfaces, all bright work, rigging, safety equipment and any other appurtenances of the Vessel. In addition, all houseboats moored on Bullards Bar Reservoir are required to have self-contained / closed water systems that do not allow any water to re-enter the lake
Vessel Condition. This storage agreement is contingent upon examination and approval of the vessel by the MARINA. Vessels not in good condition will not be admitted to Clarks ▇▇▇▇ ▇▇▇▇▇▇. Failure to maintain the vessel in good condition shall be cause for termination of the storage agreement. The condition of the vessel shall be appraised and determined by the MARINA, in its sole discretion. All decisions of condition and maintenance of good condition made by the MARINA shall be final and binding. M ARINA’S RULES AND REGULATIONS ▇▇▇▇▇▇'s Rules and Regulations ("Rules") are posted on premises of the marina. ▇▇▇▇▇▇ reserves the right to alter, amend and modify the Rules by posting new Rules or by furnishing a copy of the new Rules to CUSTOMER or the person in charge of the boat. CUSTOMER agrees to comply and to cause CUSTOMER's agents guests and employees to comply with the Rules to the same extent as though they were fully set forth herein. If CUSTOMER violates any of terms and conditions of this Lease or the Rules, MARINA shall have the right to terminate this Lease upon written notice to CUSTOMER. CUSTOMER must pay all charges due and remove the boat from the marina within 10 days of receipt of notice. If CUSTOMER fails to remove the boat and its equipment in a timely manner from the dock/storage space at the termination to this Lease, MARINA shall have the options of (i) charging CUSTOMER daily rent on a pro rata basis from the dock/storage space occupied; or (ii) taking possession of the boat and equipment and locking it to the dock/storage space occupied or (iii) moving the boat and equipment to another locations; or (iv) pursuing any other remedy available under law. ▇▇▇▇▇▇ shall have the right to retain custody of the boat until all charges due by CUSTOMER to MARINA have been paid in full. ▇▇▇▇▇▇'s tractor operator’s vision is limited during operation. All storage facilities are considered to be dangerous environments. CUSTOMER is not permitted to enter any storage area during operating hours without prior written consent from the MARINA. CUSTOMER must notify MARINA three hours prior to the time in which they would like their vessel available. If CUSTOMER would like the vessel available before 11:00 am notification must be delivered the previous day during operating hours. The following equipment must be stored on the vessel in an easily accessible location, and the equipment must be in good usable condition.
Vessel Condition. To the Knowledge of Transferor, such Transferor’s Transferor Vessel is in good condition, working order and repair, is classed by a classification society which is a member of the International Association of Classification Societies with respect to hull and machinery and in the highest classification and rating for vessels of similar age, size and description, and is in such condition to merit such classification and rating as of the relevant Vessel Delivery Date.
Vessel Condition. Vessels docked in the marina must be seaworthy and be capable of moving under their own power. No vessel shall create a fire hazard, a sinking hazard or an unsightly condition. All vessels shall be properly moored. All vessels shall be kept in a neat and sightly appearance.
Vessel Condition. The Owner shall maintain the Vessel in good and safe mechanical condition at all times. The Marina shall have the option to enter the Vessel for the purpose of preserving the safety of the Vessel or others, to move the Vessel, or to inspect the Vessel for unsafe conditions, illegal, or safety hazards.