The Aircraft Purchase And Sale Agreement is a critical document used in aviation transactions under Swiss jurisdiction. It serves as the primary contract documenting the sale and transfer of aircraft ownership, incorporating requirements from Swiss federal laws, international aviation treaties, and the Cape Town Convention. This agreement is essential for both commercial and private aircraft transactions, providing comprehensive coverage of technical specifications, regulatory compliance, payment terms, and delivery conditions. It requires careful consideration of Swiss aviation regulations, export/import requirements, and international registration protocols. The document is typically used in high-value transactions and requires input from technical, legal, and financial experts to ensure all aspects of the aircraft transfer are properly addressed.
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1. Parties: Identification of seller and buyer with full legal names and addresses
2. Background: Context of the transaction, brief description of the aircraft, and purpose of the agreement
3. Definitions: Definitions of technical terms, aviation-specific terminology, and key concepts used throughout the agreement
4. Sale and Purchase: Core agreement to sell and purchase the aircraft, including identification of the specific aircraft
5. Purchase Price and Payment Terms: Purchase price, payment schedule, deposit requirements, and payment mechanisms
6. Conditions Precedent: Conditions that must be satisfied before closing, including regulatory approvals and technical inspections
7. Pre-Delivery Inspection: Rights and procedures for technical inspection of the aircraft before closing
8. Delivery and Acceptance: Process for physical delivery, technical acceptance, and transfer of title
9. Representations and Warranties: Seller's representations about the aircraft's condition, title, and compliance with regulations
10. Covenants: Ongoing obligations of both parties before and after closing
11. Indemnification: Mutual indemnification provisions for breaches and third-party claims
12. Default and Termination: Events of default, remedies, and termination rights
13. Miscellaneous: Standard legal provisions including governing law, notices, amendments, and entire agreement
1. Broker and Commission: Include when a broker is involved in the transaction to address commission payments and broker relationships
2. Aircraft Registration: Include detailed registration requirements when the aircraft needs to be registered in a different jurisdiction
3. Financing Provisions: Include when the purchase is subject to financing arrangements
4. Insurance: Include specific insurance requirements when the aircraft needs coverage during transition period
5. Tax Provisions: Include detailed tax provisions for complex cross-border transactions
6. Cape Town Convention: Include specific provisions when the transaction involves international interests under the Cape Town Convention
7. Escrow Arrangements: Include when using an escrow agent for the transaction
8. Training and Support: Include when the seller is providing additional training or technical support services
1. Aircraft Specification: Detailed technical description of the aircraft, including manufacturer, model, serial numbers, and engines
2. Aircraft Documents: List of all technical and maintenance records to be delivered with the aircraft
3. Delivery Condition Requirements: Specific requirements for the condition of the aircraft at delivery
4. Pre-Delivery Inspection Protocol: Detailed procedures for conducting the pre-delivery inspection
5. Form of Acceptance Certificate: Template for the technical acceptance certificate
6. Form of Bill of Sale: Template for the bill of sale transferring title
7. Payment Schedule: Detailed schedule of payment installments if applicable
8. Required Regulatory Approvals: List of necessary regulatory approvals and certificates
9. Warranty Assignments: Forms for assigning manufacturer and component warranties
10. Deregistration Power of Attorney: Form of power of attorney for aircraft deregistration
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