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Page 391

Index

“Accept/except” basis

Access to ship's communications system

buyer's on-board representatives

Additional clauses

back-to-back sales –

cumulative rights and remedies

force majeure –

intellectual property rights

partial invalidity –

postdelivery trading restrictions

third-party rights –

trading and green recycling provisions –

Additional flagging documents

delivery documents

Advance funding arrangements

conditional transfers –

“hold to order” mechanism –

Agreement to buy

sale and purchase –

Agreement to sell

sale and purchase –

Anti-corruption

right to claim damages –

Anti-money laundering (AML)

Anti-technicality clause

delivery documents –

arbitral tribunal –

Arbitration Act 1999

choice of governing law and

Nipponsale 1999 –

Singapore Ship Sale Form 2011

commencement of

expertise of arbitrators –

resolving disputes by

Arbitration Act 1996

Arbitration proceedings

“As-is” rule

condition of vessel at delivery –

Back-to-back sales

Banking Days –

Bareboat registration

delivery documents –

Law And Arbitration Clause 2022 –

BIMCO Electronic Signature Clause 2021

BIMCO Law And Arbitration Clause 2020

arbitral tribunal –

Arbitration Act 1999

arbitration procedure under Shipsale ,

choice of governing law and arbitration

Nipponsale 1999 –

Singapore Ship Sale Form 2011

construction –

expertise of arbitrators –

governing law –

resolving disputes

by mediation –

small and intermediate claims –

of confidentiality

no right to terminate

right to damages

of warranty –

Breach date rule

seller s’ termination rights

commercial invoice

delivery stage ,

joint survey –

price calculation

timing of payment

Buyer's obligation

Buyer's on-board representatives

access to ship's communications system

expense and risk

familiarisation

health and safety

letter of indemnity –

no interference

Buyer's options upon receipt

Buyer's own works

dry-dock inspection

Buyer's rights of attendance

dry-dock inspection

Cancelling date

buyer's options upon receipt

consequences of buyer accept –

definitions and interpretation –

delivery notices

failure to give NOR –

seller restriction

seller's right to propose –

Carbon emissions

additional clauses and provisions

Carbon Intensity Indicator (CII)

additional clauses and provisions

Certificate of deletion

delivery documents

Certificate of good standing

delivery documents

Certificate or transcript of registry

delivery documents –

post-delivery obligations

Change of name and funnel markings

Nipponsale 1999 –

post-delivery obligations –

Saleform 2011 –

“Charter free”

condition of vessel at delivery –

small and intermediate –

ship's society records –

Classification Society , ,

post-delivery obligations

Class maintained

condition of vessel at delivery –

Class maintenance certificate

delivery documents –

Commercial invoice

delivery documents

no notice of readiness before –

Conditional transfers

advance funding arrangements –

Condition of vessel at delivery

“as-is” rule –

“charter free” –

class maintained –

disclosure amendment

distinguishing between –

fair wear and tear

free from arrest, detention or restraint

free from charges or encumbrances

free from debts whatsoever

free from liens –

free from mortgages and other security interests

free of average damage affecting class –

free of stowaways

indemnity distinct

intermediate term –

no duty to disclose –

no duty to report class matters –

seller's indemnity –

statutory implied terms –

time of inspection –

valid certificates –

warranties –,

Confidentiality

no right to terminate

right to damages

clause survives termination

documents and information

obligations imposed on seller and buyer only

permitted disclosures –

press releases and announcements

total loss of ship

Consequences of buyer accepting new cancelling date

vessel delay –

Consequences of buyer terminating sale agreement

Constructive total loss (CTL)

Continuous synopsis record

delivery documents –

Contract formation –

first basic requirement

second basic requirement –

third basic requirement

COVID-19 pandemic

health and safety

ship sale transactions –

Credit transfers

Currency of claim

Damage affecting ship class

dry-dock inspection –

buyer's right to claim –

Declaration of class

delivery documents –

Deduction of bank charges

Nipponsale 1999

Definitions –

Deliverable condition

delivery notices –

closing agenda –

documentary closing

physical meeting –

Notice of Readiness

physical handover of ship –

pre-delivery meeting

pre-delivery steps –

Delivery documents –

additional flagging documents

bill of sale –

certificate of deletion

certificate of good standing

certificate or transcript of registry –

class maintenance certificate –

commercial invoice

continuous synopsis record –

declaration of class –

evidence of corporate authority –

exchange of copies, drafts or samples

freedom to trade and operate

letter to satellite communication provider –

no grounding letter –

power of attorney

seller's documents

technical documents

Delivery notices

cancelling date

deliverable condition –

“intention” only –

itinerary and seller's “intention”

“physically ready for delivery” –

direct costs for repair work

dry-dock inspection

earliest date stated

place of delivery

underwater inspection

when and towhom –

anti-technicality clause –

fees charged by

holding agreement –

as part payment –

payment in full

received within three banking days –

satisfaction before –

Deposit account

definitions and interpretation

Deposit holding agreement

definitions and interpretation

Disruptive Banking Event

“Diver's inspection”

second-hand ship sale transactions

Documentary closing

physical meeting –

Dry-dock inspection

buyer negotiate –

buyer's own works

buyer's rights of attendance

damage affecting ship class –

delivery notices

seller obligation –

standard of repair –

tailshaft survey –

who bears cost –

Electronic Communications Act 2000 (ECA 2000)

Electronic documentary closing

Electronic signature

Electronic Communications Act 2000

execution process –

necessity of clause

Entire agreement

exclusion of statutory implied terms –

false statements

fraudulent misrepresentation

liability, exclusions and limitations of –

pre-contractual representations

purpose of provision –

sale and leaseback transactions

Sale of Goods Act 1977

ship sale transaction –

statutory implied terms

Escrow agreement see Deposit holding agreement

purchase price –

Shipsale , –,

Exclusion agreements

english law and arbitration

Exercise of due diligence

Failure to give notice of readiness

Saleform 2011 –

Singapore Ship Sale Form 2011

Failure to lodge deposit

deduction of bank charges

seller's right to cancel

seller's right to claim deposit amount –

seller's right to compensation

Failure to pay purchase price

seller's rights –

seller's rights –

Fair wear and tear

condition of vessel at delivery

Familiarisation

buyer's on-board representatives

Financial closing see Documentary closing

post-delivery obligations

Fraudulent misrepresentation

entire agreement and

Freedom to trade and operate

delivery documents

Free from arrest

condition of vessel at delivery

Free from charges

condition of vessel at delivery

Free from debts whatsoever

condition of vessel at delivery

Free from liens

condition of vessel at delivery –

Free from mortgages

condition of vessel at delivery

Free of average damage affecting class

condition of vessel at delivery –

condition of vessel at delivery

Free of stowaways

condition of vessel at delivery

Frustration, total loss and

Full free of bank charges

post-Brexit position

Rome Regulation , –

Rome Regulation 1I

Grossing-up provision

Gross tons/net tons (GT/NT)

ship sale agreement –

Shipsale , –,

Health and safety

buyer's on-board representatives

Holding agreement

“Hold to order” mechanism

advance funding arrangements –

Hong Kong Convention ,

purchase price –

Shipsale , –, –

Indemnity distinct

condition of vessel at delivery

breakage, damage

buyer's discretion –

buyer's obligation

buyer's rights during

classification-society-approved diver

classification society surveyor determines scope

condition of vessel at delivery –

diver's breakage, damage –

liability of classification societies –

location of –

no notice of readiness before completion –

seller's obligation

buyer's bargaining position

effect of acceptance –

failure to select alternative –

post-signing –

ship's classification society records –

three alternatives

underwater parts below –

underwater regime –

Intellectual property rights

Intermediate term

condition of vessel at delivery –

International Association of Classification Societies (IACS)

International Convention on Tonnage Measurement of Ships (1969)

International Maritime Organisation (IMO)

International Safety Management (ISM)

International Ship and Port Facility Security (ISPS)

Know Your Client (KYC) ,

delivery documents

Late delivery of ship

Law Reform Act 1943

delivery documents

Legally binding agreement –,

anti-corruption

buyer and seller –

Letter of indemnity

buyer's on-board representatives –

Letter to satellite communication provider

delivery documents –

of classification societies –

entire agreement –

Liquidated damages –

Nipponsale 1999 –

Singapore Ship Sale Form (SSF) 2011 –

LMAA intermediate claims procedure 2021

text of sample copy –

LMAA small claims procedure 2021

text of sample copy –

LMAA Terms and Procedures 2021

text of sample copy –

London Maritime Arbitrators Association (LMAA)

arbitral tribunal –

intermediate claims procedure –

small claims procedure

Made without deduction, set-off or withholding

resolving disputes by –

Memorandum of Agreement

Memorandum of Agreement (MOA) ,

effectiveness –

Misleading statements

entire agreement and

buyer's right to claim compensation –

Nipponsale 1999 ,

buyer's right to claim compensation

change of name and funnel markings –

choice of governing law and arbitration –

confidentiality obligations

electronic signatures clause

failure to lodge deposit

deduction of bank charges

seller's right to cancel

seller's right to claim deposit amount –

seller's right to compensation

failure to pay purchase price

seller's rights –

liquidated damages –

resolving disputes by arbitration

resolving disputes in court –

text of sample copy –

vessel delay –

No duty to disclose

condition of vessel at delivery –

No duty to report class matters

condition of vessel at delivery –

No grounding letter

delivery documents –

of substitute buyers

Non-delivery of ship

Non-delivery of spare part

NOR see Notice of Readiness (NOR)

delivery documents

arbitration proceedings

and communications

compliance with provisions

deeming provisions

in English language –

express requirement to give

presumption of good service

Notice of readiness (NOR) , , ,

failure to give –

Oils and greases

excluded from sale

included from sale

joint survey –

price calculation

timing of payment

“Outright and definite”

Overriding compensatory principle –

Parallel registration see Bareboat registration

Partial invalidity

for bunkers, oils and greases

credit transfers –

full free of bank charges –

grossing-up provision –

made in immediately available funds

made without deduction, set-off or withholding

payable at delivery

permitted delays –

release of deposit –

release of interest

“sellers’ account”

taxes, fees and expenses

Permitted delays

Physical closing meeting

“Physically ready for delivery”

delivery notices –

Physical meeting

documentary closing –

Physical signature

change of name and funnel markings –

Classification Society

deactivating satellite communications system

familiarisation

ship insurances

Technical Documents –

third-party agreements

Postdelivery trading restrictions

Power of attorney

delivery documents

Pre-contractual representations

entire agreement and

Principle of corporate personality ,

address commission

broker claim commission –

broker s’ commission –

calculating commission

commission be earned

documenting commission arrangements –

excluded items –

fixed or subject to adjustment

included items –

no privity of contract –

S&P brokers entitlement

trust relationship

Recap message –

Registrar of Ships

Release of deposit

Release of interest

Resolving disputes

by mediation –

condition of vessel at delivery

Sale and leaseback transactions

entire agreement and

Sale and purchase brokers

Sale of Goods Act (SGA) 1979

delivery, definition of

entire agreement

sellers’ termination rights

Sanctioned Party

Sanctioning Authority

Sanctions clause

Satellite communications system

“Sellers’ account”

Seller's documents

delivery documents

Seller's indemnity

condition of vessel at delivery –

Seller's obligation

Seller's right to propose

vessel delay –

text of sample copy –

Singapore Chamber of Maritime Arbitration (SCMA)

Arbitration Rules

Single ship company

Spare parts and equipment –

“S&P brokers” see Sale and purchase brokers

Standard of repair

dry-dock inspection –

Statutory implied terms

condition of vessel at delivery

entire agreement and

Statutory surveys

Stores and provisions

contract formation –

no “subjects”

recap message –

sale agreement, effective date of

in ship sale transactions

survival of provisions –

Subject to contract ,

Survival of provisions –

Tailshaft survey

dry-dock inspection –

Taxes, fees and expenses

Technical Documents

post-delivery obligations –

Technical documents

delivery documents

Third-party agreements

post-delivery obligations

Third-party rights

Contracts (Rights of Third Parties) Act 1999

Timing of payment

oils and greases

and frustration

Nipponsale 1999 –

Saleform 2011 –

Singapore Ship Sale Form 2011 –

Transcript of register

Transfer by novation

Transfer of ownership

Underwater inspection

breakage, damage

buyer's rights during

classification-society-approved diver

classification society surveyor determines scope

delivery notices

diver's breakage, damage –

location of –

no notice of readiness before completion –

underwater parts below –

underwater regime –

Unfair Contract Terms Act 1977

Unfair Terms in Consumer Contracts Regulations 1999

Valid certificates

condition of vessel at delivery –

buyer's options upon receipt

consequences of buyer accepting new cancelling date –

consequences of buyer terminating sale agreement

exercise of due diligence

Nipponsale 1999 –

seller anticipates

seller exercise

seller may give notice

seller restriction

seller's right to propose –

Vessel's Flag Registry

acting as principal

condition of vessel at delivery –,

Sanctioned Party –

Without condition/recommendation –

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