DOCUMENTS TO BE DELIVERED TO THE BUYER Clause Examples
DOCUMENTS TO BE DELIVERED TO THE BUYER. The acceptance of the VESSEL by the BUYER shall be conditional upon receipt by the BUYER from the SELLER of authenticated documents, certificates as required in this Contract and also in the Specifications including but not limited to the following (subject to the provision contained in Article V-2 hereof) which shall accompany the aforementioned Protocol of Delivery and Acceptance:
(a) PROTOCOL OF TRIALS of the VESSEL made by the SELLER pursuant to the Specifications.
(b) PROTOCOL OF INVENTORY of the equipment of the VESSEL including spare parts and the like, all as specified in the Specifications made by the SELLER and confirmed by the Supervisor. The equipment of the VESSEL must follow international standard ISO and CB, GB, and first class Chinese shipbuilding practice.
(c) PROTOCOL OF STORES OF CONSUMABLE NATURE made by the SELLER and confirmed by the Supervisor referred to under Paragraph 4 of Article VI hereof.
(d) FINISHED DRAWINGS AND PLANS pertaining to the VESSEL as stipulated in the Specifications (If it is SELLER’s Obligation).
(e) PROTOCOL OF DEADWEIGHT AND INCLINING EXPERIMENT, made by the SELLER, TRIM AND STABILITY BOOKLET and LOADING MANUAL, and GRAIN LOADING STABILITY MANUAL, all approved by the Classification Society on behalf of the Flag State Administration.
(f) ALL CERTIFICATES required to be furnished upon delivery of the VESSEL pursuant to this Contract and the Specifications. Certificates shall be issued by relevant Authorities or Classification Society. The VESSEL shall comply with the above rules and regulations which are in force at the time of delivery of the VESSEL. All the certificates shall be delivered in one (1) original to the VESSEL and two (2) copies to the BUYER. If any permanent certificate or certificates are unable to be issued at the time of delivery of the VESSEL by the Classification Society or any third party other than the SELLER, then the provisional certificate or certificates issued by the Classification Society or such third party shall be furnished by the SELLER and acceptable to the BUYER provided that permanent certificates shall be furnished by the SELLER to the BUYER in any event before the expiry of such provisional certificates.
(g) DECLARATION OF WARRANTY issued by the SELLER that the VESSEL is delivered to the BUYER free and clear of any liens, charges, claims, mortgages, or other encumbrances upon the BUYER's title thereto, and in particular, that the VESSEL is absolutely free of all burdens in the...
DOCUMENTS TO BE DELIVERED TO THE BUYER. Upon delivery and acceptance of the VESSEL, the BUILDER shall deliver to the BUYER the following documents, which shall accompany the aforementioned PROTOCOL OF DELIVERY AND ACCEPTANCE :
(a) PROTOCOL OF TRIALS of the VESSEL made pursuant to this CONTRACT and the SPECIFICATIONS,
(b) PROTOCOL OF INVENTORY of the equipment of the VESSEL, including spare parts, all as specified in the SPECIFICATIONS,
(c) PROTOCOL OF STORES OF CONSUMABLE NATURE, such as all fuel oil and fresh water remaining in tanks if its cost is charged to the BUYER, and all consumed lubricating oils and greases if its cost is charged to the BUILDER, in each case under Article VI.4. hereof,
(d) DRAWINGS AND PLANS pertaining to the VESSEL as stipulated in the SPECIFICATIONS, which shall be furnished to the BUYER at no additional cost,
(e) ALL CERTIFICATES, clean and free of recommendations (unless otherwise mutually agreed by the parties), required to be furnished upon delivery of the VESSEL pursuant to this CONTRACT, the SPECIFICATIONS and the customary shipbuilding practice, including
(i) Classification Certificate
(ii) Safety Construction Certificate
(iii) Safety Equipment Certificate
(iv) Safety Radio Certificate (v) International Loadline Certificate
DOCUMENTS TO BE DELIVERED TO THE BUYER. Upon the delivery and the acceptance of the VESSEL, the Seller shall deliver to the Buyer the following documents, which shall accompany the PROTOCOL OF DELIVERY AND ACCEPTANCE: -
(i) Two (2) original BILL OF SALE to be notarized and apostilled.
(ii) PROTOCOL OF TRIALS of the VESSEL made pursuant to the Specifications.
(iii) PROTOCOL OF INVENTORY of the equipment of the VESSEL, including spare parts and the like all as specified in the Specifications.
(iv) PROTOCOL OF STORES OF CONSUMABLE NATURE referred to under the Paragraphs 3(b) and 6 of the Article VI hereof, including the original purchase price thereof.
(v) All Certificates required to be furnished by the Builder upon the delivery of the VESSEL pursuant to this Contract and the Specifications. It is agreed that if, through no fault on the part of the Seller, the classification certificate and/or other certificates are not available at the time of the delivery of the VESSEL, provisional certificates shall be accepted by the Buyer, provided that the Seller shall furnish the Buyer with formal certificates as promptly as possible after such formal certificates have been issued.
DOCUMENTS TO BE DELIVERED TO THE BUYER. Upon delivery and acceptance of each Vessel, the Builder shall provide and deliver to the Buyer at its expense the following documents, which shall accompany the Protocol of Delivery and Acceptance:
(a) Protocol of Trials made pursuant to the Specifications.
(b) Protocol of Inventory and Equipment of the Vessel, including spare parts and the like, all as specified in the Specifications.
(c) Protocol of Surplus Consumable Stores referred to under Article VII hereof.
(d) Drawings and Plans pertaining to the Vessel together with all necessary instruction manuals, as further stipulated in the Specifications.
(e) All Certificates including the Builder's Certificate are required to be furnished upon Delivery and Acceptance of the Vessel. It is agreed that if, through no fault on the part of the Builder, the Classification Certificate and/or other required certificates are not available at the time of delivery, provisional certificates shall be accepted by the Buyer, provided that the Builder at its expense shall furnish the Buyer with final certificates as promptly as possible. If final certificates are not provided or obtained within a reasonable time, the Buyer shall arrange to obtain the same at the cost of the Builder and the same shall be adjusted against final payment due, to be paid to the builder.
(f) Declaration of Warranty by the Builder that the Vessel is free and clear of any liens, claims, charges, mortgages and other encumbrances. The vessel shall be under performance warranty for a period of 1 year.
(g) Commercial invoice
(h) Xxxx of Sale or other relevant document that certifies that the title of the Vessel passes on to the Buyer.
DOCUMENTS TO BE DELIVERED TO THE BUYER. Acceptance of the Vessel by the Buyer shall be conditional upon receipt by the Buyer from the Builder of the following duly authenticated documents which shall accompany the aforementioned PROTOCOL OF DELIVERY AND ACCEPTANCE:
(i) PROTOCOL OF TRIALS of the Vessel made pursuant to this Contract and the Specifications,
(ii) PROTOCOL OF INVENTORY of the equipment of the Vessel including spare parts and the like as specified in the Specifications,
(iii) PROTOCOL OF STORES OF CONSUMABLE NATURE, such as all fuel oil, lubricating oil, and fresh water remaining in tanks if their cost is charged to the Buyer, but not water or oils or greases in the machinery which are on board and delivered to the Buyer with the Vessel at the price set forth in Article 6(g) hereof,
DOCUMENTS TO BE DELIVERED TO THE BUYER. Upon delivery and acceptance of the VESSEL, the BUILDER shall deliver to the BUYER the following documents, which shall accompany the aforementioned PROTOCOL OF DELIVERY AND ACCEPTANCE:
(a) PROTOCOL OF TRIALS of the VESSEL made pursuant to this CONTRACT and the SPECIFICATIONS,
(b) PROTOCOL OF INVENTORY of the equipment of the VESSEL, including spare parts, all as specified in the SPECIFICATIONS,
(c) PROTOCOL OF STORES OF CONSUMABLE NATURE, such as all fuel oil and fresh water remaining in tanks if its cost is charged to the BUYER under Article VI. 4. hereof,
(d) FINISHED DRAWINGS AND PLANS pertaining to the VESSEL as stipulated in the SPECIFICATIONS, which shall be furnished to the BUYER at no additional cost,
(e) ALL CERTIFICATES required to be furnished upon delivery of the VESSEL pursuant to this CONTRACT, the SPECIFICATIONS and the customary shipbuilding practice, including
(i) Classification Certificate
(ii) Safety Construction Certificate
(iii) Safety Equipment Certificate
(iv) Safety Radiotelegraphy Certificate
(v) International Loadline Certificate
(vi) International Tonnage Certificate
(vii) BUILDER’s Certificate (duly notarized and legalized)
(viii) Ship Sanitation Control Exemption Certificate
(ix) Classification Certificate for anchor, chains and mooring ropes, machinery and equipment
(x) Certificate for life-boats and life saving equipments
(xi) Certificates for navigation lights and special signal lights
(xii) International Oil Pollution Prevention Certificate
(xiii) Compass adjustment Certificate
(xiv) Suez Canal Tonnage Certificate
(xv) Deadweight Certificate
(xvi) Certificate for Provision Crane, Hose Handling Crane and Engine Room Crane
(xvii) International Air Pollution Prevention Certificate
(xviii) Coating Technical File
(xix) International Sewage Pollution Certificate
(xx) Class approved Loading Manual
(xxi) Certified Cargo oil tanks calibration
(xxii) Ballast Management Certificate
(xxiii) Emergency Towing System
(xxiv) Engine Technical File (NOx)
(xxv) Load Test certificates for all designated lifting lugs / points installed (more than 3.0 ton S.W.L) (issued by the BUILDER) The above list of Certificates and Documents is indicative and may possibly not include all the Required Certificates and Documents for the VESSEL as she is specified in her CLASSIFICATION notation to conduct unrestricted trade. However it is agreed that all the required CLASSIFICATION SOCIETY and Statutory Certificates and Documents should be furnished by the BU...
DOCUMENTS TO BE DELIVERED TO THE BUYER. Upon delivery and acceptance of the VESSEL, the BUILDER shall deliver to the BUYER the following documents, which shall accompany the aforementioned PROTOCOL OF DELIVERY AND ACCEPTANCE:
(a) PROTOCOL OF TRIALS of the VESSEL made pursuant to this CONTRACT and the SPECIFICATIONS,
(b) PROTOCOL OF INVENTORY of the equipment of the VESSEL, including spare parts, all as specified in the SPECIFICATIONS,
(c) PROTOCOL OF STORES OF CONSUMABLE NATURE, such as all fuel oil and fresh water remaining in tanks if its cost is charged to the BUYER under Article VI. 4. hereof,
(d) DRAWING AND PLANS pertaining to the VESSEL as stipulated in the SPECIFICATIONS, which shall be furnished to the BUYER at no additional cost,
(e) ALL CERTIFICATES required to be furnished upon delivery of the VESSEL pursuant to this CONTRACT, the SPECIFICATIONS and the customary shipbuilding practice, including
(1) Classification certificate for Hull and Machinery
(2) Cargo Ship Safety Construction Certificate
(3) Cargo Ship Safety Equipment Certificate
(4) Cargo Ship Safety Radio Certificate
(5) Adjustment Certificate for Magnetic Compass
(6) Certificate for Navigation and Signal Lights required by COLREG
(7) International Load Line Certificate
(8) International Tonnage Certificate (9) I.O.P.P. Certificate (10) I.A.P.P. Certificate
DOCUMENTS TO BE DELIVERED TO THE BUYER. Upon Delivery and Acceptance of the VESSEL, the BUILDER shall deliver to the BUYER the following documents, which shall accompany the Protocol of Delivery and Acceptance:
(a) Protocol of Trials made pursuant to the Specifications.
(b) Protocol of Inventory and Equipment of the VESSEL, including spare parts and the like, all as specified in the Specifications.
(c) Protocol of Stores of consumable nature referred to under Article VI hereof which are payable by the BUYER to the BUILDER.
(d) Drawings and Plans pertaining to the VESSEL together with all necessary instruction manuals, as further stipulated in the Specifications.
(e) All Certificates including the BUILDER’s Certificate required to be furnished upon Delivery and Acceptance of the VESSEL pursuant to this Contract and the Specifications. It is agreed that if, through no fault on the part of the BUILDER, the Classification Certificate and/or other required certificates are not available at the time of delivery, provisional certificates shall be accepted by the BUYER, provided that the BUILDER shall furnish the BUYER with formal certificates as promptly as possible.
(f) Declaration of Warranty by the BUILDER that the VESSEL is free and clear of any liens, claims, mortgages and other encumbrances. Ulstein Verft AS X.X. Xxx 000, X-0000 Xxxxxxxxxx, Xxxxxx Tel. +00 0000 0000. Fax +00 0000 0000 Ent. No: 912 447 561 xxx.xxxxxxx.xxx
DOCUMENTS TO BE DELIVERED TO THE BUYER. At the Closing, the following shall be delivered to the Buyer:
(a) each Seller shall deliver to the Buyer stock certificates representing all of his or her Company Shares, endorsed in blank or accompanied by duly executed assignment documents;
(b) Caspian shall execute and deliver to the Buyer a lease agreement dated effective as of September 1, 2005 (the "FACILITY LEASE AGREEMENT") with the Buyer for the lease by Buyer of 25,700 square feet of the approximately 30,700 square foot facility located at 000 Xxxxxxx Xxxxx, a copy of which is attached hereto as EXHIBIT B;
(c) Xxxxxxx Xxxxx shall execute and deliver to the Buyer the employment agreement dated effective as of September 1, 2005 (the "EMPLOYMENT AGREEMENT") with the Buyer, a copy of which is attached hereto as EXHIBIT C;
(d) an opinion of Fenwick & West, LLP, counsel to the Company, a copy of which is attached hereto as EXHIBIT D;
(e) resignations, effective as of the Effective Date, of each director and officer of the Company and the Subsidiary;
(f) copies of all consents required to effectuate this Agreement; and
(g) good standing certificate for the Company and the Subsidiary from the Secretary of State of California and from the appropriate state authorities in each jurisdiction in which the Company and the Subsidiary are qualified to do business, dated not more than thirty (30) days prior to the Closing Date.
DOCUMENTS TO BE DELIVERED TO THE BUYER. Acceptance of the Vessel by the Buyer shall be conditioned upon receipt by the Buyer of the following duly authenticated documents to be provided by the Seller and/or the Builder, which shall accompany the aforementioned PROTOCOL OF DELIVERY AND ACCEPTANCE:
(a) COMMERCIAL INVOICE.