The Boat Sales Agreement is a critical legal document used in Belgium for transferring ownership of marine vessels between parties. It is essential for both private and commercial vessel sales, incorporating requirements from the Belgian Maritime Code, Civil Code, and relevant maritime regulations. The agreement should be used whenever a boat or vessel is being sold in Belgian jurisdiction, whether for personal or commercial use. It includes comprehensive details about the vessel, purchase terms, warranties, registration requirements, and transfer procedures. The document ensures compliance with Belgian maritime law while protecting both buyer's and seller's interests through clear terms and conditions. Special considerations are included for various vessel types, from small pleasure craft to larger commercial vessels, making it adaptable to different maritime sale scenarios.
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1. Parties: Identification of seller and buyer with full legal names, addresses, and registration numbers if companies
2. Background: Context of the sale and brief description of the vessel being sold
3. Definitions: Definitions of key terms used throughout the agreement
4. Vessel Description: Detailed description of the boat including make, model, year, registration number, and specifications
5. Purchase Price and Payment Terms: Agreement on price, payment method, and payment schedule
6. Condition of Vessel: Statement of the vessel's current condition and any known defects
7. Representations and Warranties: Seller's warranties regarding vessel ownership, condition, and encumbrances
8. Transfer of Title and Registration: Process and obligations for transferring vessel ownership and registration
9. Delivery and Acceptance: Terms for vessel delivery, inspection, and acceptance procedures
10. Risk and Insurance: Transfer of risk and insurance requirements during the sale process
11. Taxes and Costs: Allocation of taxes, registration fees, and other transaction costs
12. Governing Law and Jurisdiction: Specification of Belgian law as governing law and jurisdiction for disputes
13. Entire Agreement: Standard clause confirming the agreement represents the entire understanding between parties
1. Financing Conditions: Include when purchase is subject to buyer obtaining financing
2. Survey and Sea Trial: Include when sale is conditional on successful survey or sea trial
3. Broker Involvement: Include when a broker is involved in the transaction
4. Commercial Use Provisions: Include for vessels intended for commercial operation
5. Crew Contracts: Include when existing crew contracts are being transferred
6. Environmental Compliance: Include for vessels requiring specific environmental certifications
7. Security Interest: Include when seller is retaining security interest until full payment
8. International Registration: Include for vessels registered internationally or requiring international transfer
1. Schedule A - Vessel Specifications: Detailed technical specifications of the vessel
2. Schedule B - Inventory List: Complete inventory of equipment, tools, and accessories included in the sale
3. Schedule C - Maintenance Records: History of maintenance, repairs, and modifications
4. Schedule D - Current Registration Documents: Copies of current registration and ownership documents
5. Schedule E - Survey Report: Recent survey report if available
6. Schedule F - Insurance History: Details of insurance history and claims
7. Schedule G - Compliance Certificates: Relevant safety and regulatory compliance certificates
8. Appendix 1 - Photographs: Recent photographs of the vessel documenting its condition
9. Appendix 2 - Payment Schedule: Detailed payment schedule if payment is in installments
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