Pre-delivery Services Clause Samples
The Pre-delivery Services clause defines the obligations and activities that must be completed by a party before the formal delivery of goods or services. Typically, this includes tasks such as inspections, testing, documentation preparation, or obtaining necessary approvals to ensure the deliverables meet agreed standards. By outlining these requirements, the clause helps ensure that all preconditions are satisfied before final delivery, reducing the risk of disputes and ensuring a smoother handover process.
Pre-delivery Services. For the acquisition of any Vessel, the Manager shall oversee and supervise, in all material respects, the construction of any newbuilding Vessel or the acquisition of any existing Vessel to be purchased and made subject to this Agreement, as the case may be, prior to its delivery, including the following (collectively, the “Pre-delivery Services”), as applicable:
(a) negotiating the shipbuilding contract and specifications and related documentation;
(b) attending to plan approval for the design of the newbuilding Drybulk Carrier;
(c) arranging for and supervising alterations and changes to the newbuilding Drybulk Carrier;
(d) liaising with the ship builder, supervising the ship builder’s progress and overseeing construction to ensure the ship builder is constructing the newbuilding Drybulk Carrier in accordance with the relevant shipbuilding contract, design and specifications;
(e) negotiating the purchase and sale agreement and related documentation;
(f) liaising with classification societies, suppliers and other service providers;
(g) procuring, supervising and managing suitably qualified Crew to test the Vessel in the water prior to delivery;
(h) attending to the purchasing and other activities related to the Pre-delivery Purchases and Expenses; and
(i) arranging for registration of the Vessel under the relevant flag and in accordance with Applicable Laws and registration of the Vessel with the relevant classification society and other authorities as may be required for obtaining trading, canal and other marine certificates for the Vessel.
Pre-delivery Services. The Manager shall oversee and supervise, in all material respects, the construction of the New Build or the acquisition of any Vessel to be purchased and made subject to this Agreement, as the case may be, prior to its delivery, including but not limited to the following, as applicable:
(a) negotiating the ship building contract and specifications and related documentation;
(b) attending to plan approval for the design of the New Build;
(c) liaising with the ship builder and supervising the ship builder’s progress with respect to the New Build and reviewing the general operation and efficiency of the ship builder;
(d) arranging for and supervising alterations and changes to the New Build;
(e) overseeing construction to ensure the ship builder is constructing the New Build in accordance with the relevant ship building contract, design and specifications;
(f) negotiating the purchase and sale agreement and related documentation;
(g) liaising with classification societies, suppliers and other service providers;
(h) procuring, supervising and managing suitably qualified Crew to test the New Build in the water prior to delivery;
(i) attending to the purchasing and other activities related to the Pre-Delivery Purchases and Expenses; and
(j) arranging for registration of the Vessel under the relevant flag and in accordance with Applicable Laws and registration of the Vessel with the relevant classification society and other authorities as may be required for obtaining trading, canal, and other marine certificates for the Vessel; (collectively, the “Pre-delivery Services”).
Pre-delivery Services. In addition to any Strategic Services (as defined in the IPO Management Agreement), the Manager shall provide to the Company the services set out in this Section 4.
Pre-delivery Services. For any New Build, the Manager will oversee and supervise, in all material respects, or procure a third party to oversee and supervise, the design and construction of such New Build prior to its delivery and liaise, or procure a third party to liaise, with the shipbuilder, classifications societies, suppliers and other service providers to ensure that the New Build is being constructed in accordance with the relevant shipbuilding contract and classification society requirements (the “Pre-delivery Services”). For the avoidance of doubt, none of the Administrative Services Fee, Management Services Fees, the commissions set forth in Sections 8.1(c) or 8.1(d) or the Technical Services Fees are inclusive of compensation or fees for the provision of Pre-delivery Services by the Manager or any third party procured by the Manager. Compensation, fees and other amounts payable with respect to the provision of Pre-delivery Services by the Manager or any third party shall be separately negotiated and agreed between the Company and the Manager and any third party procured to provide such services, as applicable.
Pre-delivery Services. For any New Build, the Manager will oversee and supervise, in all material respects, the design and construction of a New Build prior to its delivery and liaise with the ship builder, classifications societies, suppliers and other service providers to ensure that the New Build is being constructed in accordance with the relevant ship building contract and classification society. The Manager will consult with and obtain the approval of the Company with respect to all material decisions to be made regarding any New Build.
Pre-delivery Services. The Supplier will perform the following Services (the “Pre-Delivery Services”):
(a) Shop Drawings and Product Literature
Pre-delivery Services. Prior to final delivery to the Buyer, each vehicle, piece of equipment or attachment shall be serviced and inspected by the Seller or his agent. Inspection must include the following (as applicable to the type of equipment):
i. Dealer and vehicle identification including Year, Make, Model, complete VIN number and City purchase order number;
ii. Check-off of service and inspection performed including a list of all fluids including type weight and specification that are in the equipment as delivered for all fluid compartments;
iii. The vehicle’s crankcase, differential and transmission, and other chassis fluid compartments shall be filled to the manufacturer’s recommended capacity;
iv. Fuel tank shall be filled to at least register a minimum of ¼ full on the fuel gauge (unless restricted by the commercial carrier) when the vehicle arrives at the delivery location;
v. The vehicle shall be clean and free from defects when delivered and should be ready for up-fitting or final delivery of a complete turnkey unit. Any defects or damage will be noted on the receiving report;
vi. Units delivered in an incomplete state, or which have deficiencies per the specifications, are subject to damage charges as noted in this Agreement.
Pre-delivery Services. Following a determination by NML in relation to the acquisition of any Vessel (whether a second hand purchase or otherwise), the Manager shall (or, subject to Clause 6, cause a sub-contractor to) oversee and supervise, in all material respects, the necessary management, technical and other vessel-related services, as the case may be, prior to its delivery, in relation to the acquisition of any Vessel to be purchased and made subject to this Agreement.