The Purchase Agreement For Used Boats is a critical legal document used in Belgium for transactions involving second-hand watercraft. It serves as the primary contract between sellers and buyers of used boats, ensuring compliance with Belgian maritime law, vessel registration requirements, and consumer protection regulations. This document is essential when transferring ownership of any used pleasure craft, commercial vessel, or recreational boat in Belgian waters. It includes detailed provisions for vessel inspection, condition disclosure, equipment inventory, and title transfer procedures. The agreement helps protect both parties by clearly documenting the vessel's condition, included equipment, warranties, and sale terms, while ensuring compliance with Belgian registration and safety requirements.
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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 hull identification number
5. Purchase Price: Agreed purchase price, payment terms, and payment schedule
6. Condition of Vessel: Current condition of the vessel, known defects, and 'as-is' provisions
7. Seller's Representations: Seller's warranties regarding ownership, liens, and vessel condition
8. Buyer's Representations: Buyer's acknowledgments and confirmations regarding inspection and acceptance
9. Survey and Inspection: Terms for pre-purchase survey and inspection rights
10. Closing and Delivery: Process and requirements for completing the sale and transferring possession
11. Transfer of Title: Process for transferring legal ownership and registration
12. Risk and Insurance: Transfer of risk and insurance requirements during the sale process
13. Governing Law: Specification of Belgian law as governing law and jurisdiction
14. Entire Agreement: Standard clause confirming the agreement represents the complete understanding between parties
1. Broker Provisions: Include when a broker is involved in the sale, detailing broker's role and commission
2. Finance Conditions: Include when purchase is subject to buyer obtaining financing
3. VAT Status: Include for international sales or when VAT status needs clarification
4. Mooring Transfer: Include if current mooring rights are being transferred with the vessel
5. Training and Handover: Include if seller agrees to provide operational training to buyer
6. Warranty Period: Include if seller is providing any additional warranties beyond statutory requirements
7. Dispute Resolution: Include specific arbitration or mediation procedures if desired by parties
1. Schedule 1 - Vessel Specifications: Detailed technical specifications of the vessel
2. Schedule 2 - Inventory: Complete list of equipment, accessories, and spares included in sale
3. Schedule 3 - Condition Report: Detailed report on vessel's current condition and known issues
4. Schedule 4 - Historical Documents: Maintenance records, previous survey reports, and ownership history
5. Schedule 5 - Registration Documents: Copies of current registration and relevant certificates
6. Schedule 6 - Insurance History: Details of previous insurance claims and current insurance status
7. Appendix A - Payment Schedule: If payment is to be made in installments, detailed payment schedule
8. Appendix B - Photographs: Current photographs of vessel documenting condition at time of sale
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