How to write a ship sales contract

How to write a purchase and sale contract for a ship? From what aspects should I write, let’s take a look at the editor’s sharing today.

A ship sales contract mainly consists of four parts. First, clarify the parties to the contract, Party A and Party B, then determine the specific terms of contract performance (time limit, amount, location, method, etc.), then determine the rights and obligations of Party A and Party B, liability for breach of contract, and other supplementary provisions, and finally confirm with the signature and seal of Party A and Party B.

Sample copy of the sale and purchase contract for ships (1)

Party A:

Legal address:

Business license number:

Party A’s representative:

Party B’s:

Legal address:

Business license number:

Party B’s representative:

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After full negotiation between Party A and Party B, Party A is willing to sell and Party B is willing to buy the "___________" round (hereinafter referred to as "the round"), and reached the following agreement:

Risk Warning: Subject Matter Information

In a sales contract, the type of subject matter should be specified in the contract. Prevent disputes arising from unclear product agreements.

The quantity and price should be clear, including the unit of measurement of the amount. Most matters should be agreed upon by both parties. At the same time, the unit price, total price, currency, payment method and procedure of the subject matter, etc. need to be indicated. It must be filled in clearly and without ambiguity.

1. Overview of the ship

Ship name: __________; Ship type: __________; Ship registration: _________; Class: _______; Overall length: ________; Width: ________; Depth: ________; Gross tonnage: _______; net tonnage: _____________; deadweight tonnage: ________; manufacturer: _______; year of construction: _________.

2. Property rights/operating rights

1. Party A confirms that it has complete ownership of the round under this contract.

2. Party A confirms that the ship is not under a bareboat charter.

3. Ship price

The total selling price of this ship is RMB (or USD) _________.

Risk Warning: Price Payment

In practice, some sales contracts simply stipulate the amount of the contract payment, but do not stipulate the payment time and method of payment. This loophole would provide payers with an excuse to withhold or delay payments indefinitely.

In addition, the buyer should try to use bank transfer to pay for goods. Clarify the specific time limit and conditions for payment, and make it as simple, clear and easy to implement as possible to avoid the risk that the collection party cannot claim the payment because it cannot prove that the payment conditions have been met. Set clear liability for breach of contract for late payment to effectively urge or deter contract payers.

IV. Deposit

In order to ensure the strict performance of this contract, Party B agrees to pay the deposit in RMB (or US dollars) by bank draft within _____ banking days after the contract is signed. )________ deposit will be remitted to the account designated by Party A. The account is as follows:

Account name: ____________________________.

Account opening bank: __________________.

5. Payment

Party B shall remit the remaining ship payment in RMB (or USD)_______________ and the remaining oil payment to the above designated party A _____ days before the actual delivery bank and submit a copy of the bank voucher to Party A.

VI. Ship survey

Party B has inspected the ship under the arrangement of Party A on _____month_____day, _______year, and agrees to inspect the ship as it was at the time of survey Condition pick up ship.

Risk Warning: Performance Period, Place and Method

Performance period, place and method must be clear. Whether the fulfillment method is delivery or self-pickup not only involves the bearing of transportation costs, but also It will involve the issue of bearing the risk of damage or loss of goods during transportation; unclear performance time limit will seriously affect the smooth performance and implementation of the contract content, resulting in disputes such as overdue delivery. Likewise, unclear contract performance locations can easily lead to disputes.

For example: some contracts make vague stipulations on the performance period, such as "Performance will be completed within one month", but there is no agreement on when one month will start. This can easily lead to ambiguity between the two parties, and both parties will make decisions that are unfair to themselves. Favorable interpretation; if the time limit is made clear and it is agreed that "the performance will be completed before a certain day of a certain year, a certain month," then ambiguity will be avoided.

7. Delivery time and place

Risk warning: delivery place

The "delivery place" should be clearly agreed because it involves the interests of both parties Realization and risk bearing of subject matter damage or loss. 1. Under normal circumstances, the ownership of the subject matter is transferred upon delivery, and the risk assumption is transferred accordingly. For example, if it is agreed in the contract that the delivery location is the seller's warehouse, it means that once the goods leave the warehouse, the risk of damage or loss will be transferred to the buyer. Therefore, when signing the contract, the choice of delivery location must be Should be treated with caution.

1. Delivery location: ____________________.

2. Delivery deadline: ______year_____month_____day.

3. Party A agrees that Party B, after paying the above deposit and signing the ship-following guarantee, can appoint _____ representatives to board the ship until delivery in order to familiarize themselves with the condition of the ship, but the ship-following personnel may not interfere or Interfering with the normal work of Party A’s crew. The cost and risk of the accompanying personnel shall be borne by Party B.

4. Party A shall notify Party B in writing of the 3-day delivery forecast and 1-day delivery confirmation of the ship. After receiving the 3-day delivery forecast notice, Party B shall immediately arrange to pay off the remaining ship. After Party B receives the 1-day delivery confirmation, Party B must pick up the ship within _____ days. When the ship is delivered, the ship must be in a safe, afloat and normally navigable condition. Party A will deliver the ship in the state confirmed during the ship's inspection, except for natural wear and tear.

5. After Party A confirms receipt of all ship payment and oil payment, the two parties will sign a handover agreement. After the handover agreement is signed by authorized representatives of both parties and stamped with official seals, the round will be officially handed over to Party B. All crew members of Party A shall leave the ship immediately. Party B shall bear the board, lodging and return fares of the crew members after leaving the ship, and shall be responsible for arranging the return of the crew members. Party B agrees to pay each crew member a subsidy of RMB (or USD) ______________.

6. Before delivery, if the ship suffers a total loss or a constructive total loss, this contract will be automatically terminated. Party A shall refund the full amount paid by Party B.

8. Spare parts and fuel

1. The ship, including the spare parts on board, will be handed over by Party A to Party B according to the list. Onboard books, information forms and documents belonging to Party A’s exclusive use are not included, nor are the crew’s personal luggage and belongings.

2. The remaining fuel oil, unused lubricating oil and food on board shall be received by Party B and paid according to the market price on the day of delivery, and shall be paid in one lump sum.

9. Documents

1. When delivering the ship, Party A shall provide Party B with the existing ship inspection certificate and technical drawings of the ship free of charge. If Party B makes a request, Party A shall provide Party B with other technical documents of the current round that it currently possesses in a timely manner. Including: the nationality certificate of the ship, the ship's ownership certificate, the ship's technical certificate, the radio license, the minimum safe manning certificate, the stability calculation sheet of the ship provided by the shipyard, etc.

2. When delivering the vessel, Party A shall submit the following documents to Party B: (1) Authorization letter; (2) Ordinary commercial invoice (excluding value-added tax). Party A shall submit the following documents to Party B after delivery: The deregistration of the round at the original registration authority shall be completed within _____ days. At the same time, Party B shall submit the following documents to Party A: (1) A copy of the business license; (2) Authorization letter; (3) The name, address, fax, telephone number, contact person and postal address of the registration authority where Party B registered the round. coding.

10. Debt

Before delivery, Party A promises that the ship will have no ship priority, ship mortgage or accompanying debt.

11. Expenses Agreement

Before delivery, all expenses incurred by the ship will be borne by Party A; after delivery, all expenses incurred by the ship will be borne by Party A. Party B shall bear it. Party A should go through the ship cancellation procedures with the original ship registration authority, and Party B should go through the ownership registration of the ship, and each party shall bear the costs.

12. Ship name and mark

After the ship is handed over, Party B shall not use the original chimney mark and (ship name).

13. Party B’s liability for breach of contract

1. If Party B fails to pay the deposit on time, Party A has the right to terminate the contract. Party B shall bear the losses suffered by Party A and the interest on all losses calculated at an annual interest rate of _____%.

2. If Party B fails to pay the ship price in accordance with the provisions of Article 5 of this contract within _____ days after receiving the ship delivery forecast, or fails to pay the ship price _____ after receiving the ship delivery confirmation If the ship is picked up within the day, Party A has the right to terminate the contract. The deposit and interest belong to Party A. If the deposit and interest income are not enough to make up for Party A's losses, Party B shall also compensate Party A for the resulting losses and bear the interest on all Party A's losses (calculated at an annual interest rate of _____%).

Risk reminder: Liability for breach of contract

Liability for breach of contract must be stipulated so that when a breach of contract occurs, it can be effectively implemented to avoid disputes. Many contracts do not stipulate liability for breach of contract or the stipulations are too vague and unworkable. For example, some contracts stipulate that "violation of the contract stipulations will result in the payment of liquidated damages of 100,000 yuan." This agreement is too general and difficult to operate in practice.

Specifically, it should be clear which stipulations of the contract are violated and what liability for breach of contract should be borne, such as: inconsistent quality, inconsistent quantity, failure to pay in full on time, failure to deliver in time, etc. Different breach of contract situations should Formulate corresponding liability for breach of contract. In addition, the amount of liquidated damages must be specific and digital to facilitate claims against the defaulting party.

14. Party A’s liability for breach of contract

If Party A fails to notify Party B to pick up the ship in the manner and time limit specified in this contract, Party B has the right to terminate the contract. After Party A receives the notice of termination of the contract from Party B, it shall return all the ship price (including deposit) and interest (calculated at an annual interest rate of _____%) received within _____ banking working days.

15. Force Majeure

1. If an earthquake, fire, tsunami, war or other force majeure occurs during the execution of this contract and causes Party A to be unable to perform the contract, Party A shall notify it immediately Party B terminates the contract.

2. In addition, if Party A is unable to deliver the ship on the date stipulated in the terms of the contract due to other special reasons such as typhoons, strong winds greater than the wind resistance of the ship, fog, fog and regulations of national government agencies, Party A shall Notify Party B _____ days in advance and propose a new delivery date. Party B has the right to choose to cancel the contract or retain the contract. If Party B chooses to cancel the contract, this contract will be terminated immediately; if Party B chooses to retain the contract, Party B shall accept the new delivery date proposed by Party A.

Risk Warning: Dispute Resolution Methods

Once a dispute arises between the parties to the contract, if negotiation fails, they can only resort to arbitration institutions or courts. So which method to choose specifically requires agreement between the parties. If you choose an arbitration institution, you must make it clear which arbitration committee it is. Otherwise, the terms of the agreement will be invalid due to unclear agreement.

Of course, both parties can also agree on the court with jurisdiction, but the agreed court can only choose one of the courts where the defendant is located, the court where the plaintiff is located, the court where the contract is performed, the court where the contract is signed, or the court where the subject matter is located. You cannot choose at will, otherwise the clause will be invalid.

16. Arbitration

If a dispute arises during the interpretation and performance of this contract, it will in principle be resolved by both parties through negotiation; if the negotiation fails to reach an agreement, it will be submitted to _______ arbitration The committee conducts arbitration. This arbitration is final.

17. Supplementary Provisions

1. This contract will come into effect after it is signed and sealed by the authorized representatives of both parties.

2. For matters not covered in this contract, Party A and Party B can negotiate and sign a supplementary agreement. The supplementary agreement has the same legal effect as this contract.

3. This contract is made in ___ copies, and each party holds ______ copies.

Risk warning: evidence retention

Pay attention to retaining and collecting the contract and attachments, as well as supplementary agreements, delivery orders, purchase and sale vouchers, invoice receipt records, and correspondence between the two parties formed during the performance of the contract. Letters, memoranda, meeting minutes, faxes, traffic tickets, transportation bills, phone records, emails and other written, video, and audio recording materials may all become powerful factual evidence in the event of a dispute.

Party A:

Party A’s representative:

_______month____day of _____

Party B:

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Representative of Party B:

____month______year____

Sample of the purchase and sale contract for the ship (2)

Establishment The parties to the contract, ____________ Co., Ltd. (hereinafter referred to as Party A) and ____________ Co., Ltd. (hereinafter referred to as Party B), hereby enter into this contract regarding the sale and purchase of ships. The terms are as follows:

Article 1: Party A and Party B agree on relevant matters Postscript is about the purchase and sale of the ship, Party A sells and Party B buys.

The total amount of the second transaction is ____________________ yuan. Party B shall pay Party A according to the following methods.

1. Pay a deposit of ____________ yuan today (contract date).

2. Party A must hand over the ship’s address mentioned below to Party B before _________year______month______day, and deliver the following registration documents and usage rights documents to Party B. The remaining balance unpaid by Party B shall be paid in full once the ship has been handed over and the transfer of ownership and fishing rights has been registered and certified by the shipping administration authority where the ship is located.

(1) Three copies of the minutes of all shareholders’ meetings in which Party A agrees to sell the subject matter of this contract.

(2) Three copies of the seal certificates of Party B’s company and legal representative.

(3) Three copies of the qualification certificate of the legal representative of Party B.

(4) Party B’s articles of association and three copies of the list of directors, supervisors and shareholders.

(5) Three copies of the household registration transcript of the legal representative of Party B.

(6) Three copies of Party B’s company license and business registration certificate.

(7) The original copy of the latest certificate of no tax arrears issued by the tax authority.

(8) Original ship ownership registration certificate.

(9) The original of the ship’s tonnage certificate.

(10) Original of ship’s nationality certificate.

(11) Original equipment catalog.

(12) Original voyage notebook.

(13)Originals of other documents required by law.

(14) Original ship inspection book.

(15) Original fishery license.

(16) Application for abandonment of fishing rights.

(17) Original ship radio station license.

(18) Contract fishing boat diagram. and imported equipment specifications.

(19) The original copy of the ship’s survey capability certificate.

(20) The cargo hold, refrigerated room and other parts for carrying cargo are suitable for carriage and the original certificate of warranty is required.

(21) The original copy of the certificate of compensation for salvage and salvage is not borne by the ship without *** and the general average liability is not borne.

Article 3 Party A shall transfer and register the ownership and fishing rights of the postscript ship to Party B at the same time that Party B pays the balance in Article 2(2).

Article 4 Before Party A hands over the ship to Party B, if there is any malfunction, damage or loss, Party A shall be responsible, which means that Party B is exempted from the obligation to pay the price.

Article 5 Party A guarantees that the performance of the postscript ship is consistent with the instructions, and must conduct a trial sea trial before delivery in Article 3 to prove its performance.

Article 6 Regarding the postscript, the quality and performance of the ship shall be guaranteed by Party A to Party B for a period of one year. During this period, if there is no fault of Party B or a natural failure occurs, Party A has the obligation to compensate for losses and make repairs.

Article 7 If the situation in Article 6 occurs, even though Party A has repaired or supplemented the ship completely, but the ship is still unable to continue operation or is in short supply, or its performance has been reduced for up to one month, Party B may Choose one of the following methods and make a request to Party A.

(1) Exchange for ships of the same type. The conditions are that Party B must pay the ship price for the length of time it has used the ship, and Party B shall pay Party A an amount equal to one-third of the total amount in Article 2 every six months.

(2) Return the ship. However, Party A may deduct the amount payable by Party B for using the ship as mentioned in (1) above, and the remaining deposit will be returned to Party B. Regarding the time of using the ship and its calculation method, regardless of whether Party B uses it or not, it is stipulated in Article 3 that the time of use starts from the date when Party A points out the delivery of the ship to the date when Party B requests to return the ship.

Article 8 If Party B fails to pay the balance in exchange for the ship before the date in Article 2, Party A does not need to remind, this contract will be deemed to be invalid, and Party A can move, sail and berth the ship at the original location. Home port.

Party B shall bear the aforementioned ship movement and navigation fees, as well as all costs required for berthing. In addition to the above rights, Party A can also confiscate the deposit as compensation for damages.

Article 9 If Party A fails to hand over the ship before the date listed in Article 2, Party B may urge Party A to hand over the ship within ten days. Within this period, if Party A still fails to make the payment, this contract will be deemed to be invalid. Party B may request Party A to return the deposit in Article 2 and damages equal to the deposit.

Article 10 Agreement

(1) Both parties agree to use ____________ port as the starting point. The fuel oil stored in the fishing vessel shall be returned to Party A.

(2) For the insurance of the subject matter of this contract, the beneficiary shall be changed to Party B at the same time as the delivery, and the insurance costs after the change shall be borne by Party B.

(3) All personnel (including crew members) employed by Party A shall be dismissed and borne by Party B at the same time as the subject matter of this contract is handed over.

(4) All expenses incurred before the handover of the subject matter of this contract, including employee wages, crew dividends, and all other debts and taxes, shall be the responsibility of Party A and shall have no involvement with Party B.

(5) Since the handover, there will be no disputes regarding the rights and responsibilities of the subject matter of this contract, and there will be no other established mortgages. If any other established mortgages occur, it shall be treated as a breach of contract.

(6) Party A guarantees that the subject matter of this contract is free of property disputes and that there are no other established mortgages. If any other established mortgage occurs, it shall be treated as a breach of contract.

(7) If Party A fails to pay all payables that involve Party B's rights and interests, Party B may advance the amount within the scope of the balance of the balance on behalf of Party A to offset the balance. The balance amount shall be handled by Party A.

(8) If this contract is involved in litigation, both parties agree to be governed by the ____________ court.

This contract is made in triplicate, and each party and witness shall hold one copy as evidence.

Seller (Party A)______________

Company name: ____________ Co., Ltd.

Company address: ____________________

Representative: __________________< /p>

Residential address: ____________________________

Uniform ID number: ______________

Business license number: ____________________

Buyer (Party B)______________

Company name: ____________ Co., Ltd.

Company address: ____________________

Representative: __________________

Residential address: __________________

Identity Unified ID number: ______________

Business license number: __________________

Witness: _______________________

Residential address: __________________

Unified ID number: ______________

_______month_______day of __________year

Sample copy of the sales contract for the ship (3)

No.: _________

< p>Entrusting party: _______________________________ (referred to as Party A)

Entrusted party: _________________________ (referred to as Party B)

According to the relevant national laws and regulations and the relevant provisions of this city, both parties A and B shall be equal and On a voluntary basis, it is agreed that Party B accepts Party A's entrustment to provide information intermediary services for Party A's sale of ships (hereinafter referred to as "the ship"), and agrees to sign the following agreement in order to abide by it.

1. Ship information

Ship name____________________; deadweight tonnage________(tons);

Total length____________(meters); molded width_________( meters);

Gross tonnage____________________; Net tonnage_________;

Full load draft____________________(meters);Main engine model/power_________;

Construction Time/Place ____________________; Quotation _________;

Others_______________________________

II. Entrustment Matters

Party A entrusts Party B to provide information intermediary for the ships it sells services, and handle ________ and other related matters. (①Provide a sample contract ②Collect and pay the ship payment)

3. Obligations of Party A

1. Party A truthfully provides Party B with the basic technical information of the ship (in the form of ship inspection certificate shall prevail) and quotation, as part of the basis for Party B to announce the ship sale information on behalf of Party A. The final ship price is agreed upon by Party A and the ship buyer, and the ship specifications are subject to inspection.

2. If the sale and purchase of the ship is completed, Party A shall pay Party B the agency fee.

3. After signing the sales contract, Party A shall submit a copy of the contract to Party B for record, so that Party B can assist in handling the relevant transaction procedures for the ship.

IV. Obligations of Party B

1. Within 5 days after both parties sign this contract, Party B shall publish relevant information about the ship on its website or bulletin; and

2. The ship buyer should be contacted about the survey of the ship based on the ship's dynamics, the buyer's effective contact information should be notified to Party A in a timely manner, and negotiations between Party A and Party B should be arranged at the same time.

5. Payment of fees

1. Party A shall pay Party B a fee equal to ________ (percent of the ship sales contract price) within 5 days after the signing of the ship sales contract. Pay agency fees.

2. Party B completes other matters entrusted and handled by Party A. Party A shall pay the agency fees to Party B after the completion of these matters.

6. Liability for breach of contract

(1) If Party A has any of the following circumstances, it shall bear liability for breach of contract, and the liquidated damages shall be ________% (one percent) of the subject amount. :

1. The ship-related information provided by Party A is inconsistent with the true and valid ship inspection certificate of the ship;

2. Party A excuses the intermediary failure and abandons Party B midway before trying to buy the ship. Party A will conduct private transactions on the same subject matter after this contract takes effect;

3. If Party A signs a sales contract with the ship buyer through other holding companies (at this time, Party B will be deemed to have completed the service of providing intermediary information) , Party A shall pay the intermediary fee in accordance with the provisions of this contract and bear liability for breach of contract);

4. Collusion with others to harm the interests of Party B;

5. Failure to pay the intermediary as agreed in the contract fees and agency fees;

6. Other behaviors that cause Party B to be unable to complete the entrusted matters.

(2) If Party B provides false information and causes damage to Party A’s interests, it shall bear corresponding liability for compensation and try its best to assist Party A in claiming compensation from the relevant responsible party.

7. Dispute Resolution Methods

If there is a contract dispute or other undisclosed matters, the two parties should negotiate to resolve it. If the negotiation fails, it will be resolved in accordance with item _________ agreed in this contract. :

1. Arbitrated by ________ Arbitration Committee;

2. File a lawsuit with the People's Court in accordance with the law.

8. Other Agreements_______________________________________________________________.

9. The contract takes effect

This contract will take effect after being signed by Party A and Party B, and will be valid until the date of payment of the agency fee. The contract is made in two copies, with each party holding one copy.

Party A (seal): _________ Party B (seal): _________

Representative (signature): ________ Representative (signature): _________

_________year____month____day______year____month____day

Sample Sales Contract Regarding Ships (V)

Seller (Party A ): __ Shipping Transport Co., Ltd.

Buyer (Party B): __ Tourism Development Co., Ltd.

(Party A) sold three passenger speedboats to __ Tourism Development Co., Ltd. (Party B), based on the principles of equality, voluntariness and trustworthiness, reached a ship sales contract through negotiation between the two parties:

1. Basic information of the ship:

(1) Port of registry: Ningde Port

(2) Ship gross tonnage: 35T; net tonnage 17T; no-load displacement: 15.41T; overall length: 20.5M; ship width: 3.7M; molded depth: 1.55M; number of passengers: 75 ;Host power: 250KW×2, hybrid skeleton type.

(3) Navigation area: quite sheltered

(4) Hull material: reinforced fiber

(5) Ship technical status: Safety certificate valid until 2026 Ending on April 18th

(6) Shipbuilding factory: Dongguan Jianglong Shipbuilding Co., Ltd.; Construction completion date: April 18th, 2006

II. Ship general sales Price and payment method:

(1) The total selling price of the ship is RMB 3.18 million (uppercase: RMB 311.8 million), and each ship is sold for RMB 1.06 million (uppercase: one One hundred and sixty thousand yuan).

(2) Party A must pay the ship purchase price in one lump sum, and Party B must provide a valid ship certificate.

3. Place, time and method of ship acceptance and handover:

(1) Delivery location: Ningde Port, Ningde City

(2) Ship delivery acceptance method : Party B will organize relevant personnel to conduct inspection and acceptance in accordance with the ship inspection certificate, ship ownership certificate, nationality certificate, etc. After Party B’s representative confirms the acceptance and the ship handover certificate is authenticated on site by both parties, Party B can receive the relevant certificates of the ship, and Party A should also Handed over together.

IV. The ship's items will be handed over as they are.

V. All claims and debts before the ship is handed over shall be the responsibility of Party A and have nothing to do with Party B.

6. Liability for breach of contract. Once a contract is signed, both parties must strictly perform it and shall not breach the contract. Otherwise, the defaulting party will compensate the non-breaching party for the economic losses.

7. This contract will come into effect upon signature by representatives of both parties A and B. The ownership of the ship will be vested in Party B after Party B pays off the purchase price and signs a ship handover certificate.

8. This contract is made in triplicate, with Party A and Party B each holding one copy and the maritime department, both of which have the same legal effect.

Party A:

Party B:

Representative:

Representative:

Account opening bank:

Account opening bank:

Account number:

Account number:

Date: _year_month_day

Date: _ Year_month_day

The above is what the editor shared today. I hope it can help everyone!