The Ship Sale and Purchase Agreement is a crucial document used in maritime transactions where ownership of a vessel is being transferred from one party to another under Swiss law. Despite being landlocked, Switzerland maintains a significant maritime presence and has developed comprehensive maritime legislation. This agreement is essential for documenting vessel sales, ensuring compliance with Swiss Maritime Navigation Act and international maritime conventions. It includes detailed provisions covering vessel specifications, purchase price, payment terms, inspection rights, delivery conditions, warranties, and transfer of title. The document is particularly important for international maritime transactions involving Swiss-flagged vessels or Swiss parties, and must comply with both Swiss contract law principles and international maritime standards. It serves as the primary reference document throughout the vessel transfer process, from initial agreement through to final delivery and registration.
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1. Parties: Identification of seller and buyer with full legal names and addresses
2. Background: Context of the transaction, including vessel identification and parties' intentions
3. Definitions: Definitions of key terms used throughout the agreement
4. Sale and Purchase: Core agreement to sell and purchase the vessel
5. Purchase Price: Price, currency, and payment terms including deposit arrangements
6. Inspections: Pre-purchase inspection rights, underwater inspection, and sea trial provisions
7. Condition at Delivery: Required condition of vessel upon delivery, including class requirements
8. Delivery: Time and place of delivery, delivery procedures and documentation
9. Representations and Warranties: Seller's and buyer's representations regarding vessel and authority
10. Title and Risk: Transfer of title, risks, and encumbrances
11. Documentation: Required certificates, registrations, and closing documents
12. Default: Consequences of default by either party
13. Governing Law and Jurisdiction: Swiss law as governing law and jurisdiction provisions
14. Notices: Communication procedures between parties
15. General Provisions: Standard boilerplate clauses including amendments, severability, and entire agreement
1. Broker's Commission: Include when a broker is involved in the transaction
2. Sanctions Compliance: Include for international transactions to ensure compliance with trade sanctions
3. Crew: Include when existing crew contracts need to be addressed
4. Tax Provisions: Include detailed tax provisions for cross-border transactions
5. Confidentiality: Include when parties require specific confidentiality obligations
6. Environmental Compliance: Include specific environmental requirements if vessel operates in regulated waters
7. Vessel Management: Include if interim management arrangements are needed between signing and delivery
1. Vessel Details: Detailed specifications of the vessel including registration, class, and technical details
2. Vessel Documents: List of certificates, documents, and plans to be delivered with the vessel
3. Protocol of Delivery and Acceptance: Form of protocol to be signed at delivery
4. List of Excluded Items: Items not included in the sale
5. List of Bunkers and Lubricants: Inventory and pricing of remaining bunkers and lubricants
6. Form of Bill of Sale: Template bill of sale compliant with Swiss law requirements
7. List of Required Closing Documents: Detailed list of documents required from each party at closing
8. Form of Power of Attorney: Template power of attorney for vessel transfer and registration
Relevant legal definitions
Clauses
Relevant Industries
Maritime Transport
Shipping
International Trade
Logistics
Marine Insurance
Maritime Law
Ship Building
Offshore Energy
Fishing Industry
Cruise and Tourism
Port Operations
Maritime Security
Relevant Teams
Legal
Maritime Operations
Finance
Risk and Compliance
Technical Operations
Commercial
Insurance
Documentation
Treasury
Asset Management
Due Diligence
Marine Engineering
Relevant Roles
Maritime Lawyer
Ship Broker
Maritime Operations Manager
Fleet Manager
Vessel Purchase Manager
Maritime Surveyor
Ship Registration Officer
Maritime Insurance Manager
Compliance Officer
Chief Financial Officer
Technical Superintendent
Marine Engineer
Commercial Director
Risk Manager
Documentation Officer
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