Boat Purchase Agreement Template for Switzerland

A comprehensive legal agreement governed by Swiss law that facilitates the sale and purchase of marine vessels. This document outlines the terms and conditions of the vessel transfer, including purchase price, payment terms, warranties, and delivery conditions. It incorporates specific requirements of Swiss maritime law and the Swiss Code of Obligations, addressing vessel registration, transfer of title, and associated regulatory compliance. The agreement includes provisions for vessel inspection, condition assessment, and the transfer of associated documentation, while ensuring compliance with both federal and cantonal maritime regulations.

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What is a Boat Purchase Agreement?

The Boat Purchase Agreement is a crucial legal document used in Switzerland for the sale and transfer of marine vessels, whether for private or commercial use. It serves as the primary contract between seller and buyer, incorporating requirements from the Swiss Code of Obligations and maritime regulations. This document is essential for any boat transaction in Swiss jurisdiction, ensuring proper transfer of title, registration compliance, and clear documentation of vessel condition and included equipment. It addresses key aspects such as purchase price, payment terms, warranties, survey requirements, and delivery conditions, while accommodating both federal and cantonal maritime laws. The agreement can be used for various vessel types, from small recreational boats to larger commercial vessels, and includes necessary provisions for VAT compliance and maritime registry requirements.

What sections should be included in a Boat Purchase Agreement?

1. Parties: Identification of seller and buyer with full legal names, addresses, and contact details

2. Background: Context of the sale and brief description of the transaction

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: Agreed purchase price, payment terms, and method of payment

6. Deposit: Amount of deposit, when it's payable, and terms for holding and release

7. Conditions of Sale: Statement that vessel is sold 'as is' or with specific warranties

8. Seller's Representations and Warranties: Seller's declarations regarding vessel ownership, condition, and encumbrances

9. Buyer's Representations: Buyer's declarations regarding capacity to purchase and understanding of conditions

10. Transfer of Title: Process and timing for transferring vessel ownership and registration

11. Closing and Delivery: Details of closing process, delivery location, and timing

12. Risk and Insurance: Transfer of risk and insurance requirements during transition of ownership

13. Governing Law and Jurisdiction: Specification of Swiss law application and jurisdiction

14. Notices: How formal communications between parties should be made

15. Entire Agreement: Standard clause confirming this document represents the complete agreement

What sections are optional to include in a Boat Purchase Agreement?

1. Broker Involvement: Terms regarding broker's role and commission when a broker is involved in the sale

2. Financing Conditions: When buyer's purchase is subject to obtaining financing

3. Survey and Sea Trial: When purchase is conditional on satisfactory survey or sea trial

4. Equipment and Inventory: When specific equipment or inventory items need separate listing and conditions

5. Moorings and Berth: When transfer includes rights to moorings or berth

6. VAT Status: When vessel's VAT status needs specific documentation or clarification

7. International Registration: When vessel requires international registration transfer

8. Crew Contracts: When existing crew contracts need to be addressed

9. Training and Handover: When seller agrees to provide specific training or extended handover

What schedules should be included in a Boat Purchase Agreement?

1. Schedule 1 - Vessel Specifications: Detailed technical specifications of the vessel

2. Schedule 2 - Inventory List: Complete list of equipment, tools, and accessories included in the sale

3. Schedule 3 - Vessel Documents: List of all registration, safety, and maintenance documents

4. Schedule 4 - Condition Report: Current condition report or recent survey results

5. Schedule 5 - Payment Schedule: If payment is to be made in installments

6. Appendix A - Vessel Photographs: Recent photographs documenting vessel condition

7. Appendix B - Maintenance Records: History of maintenance and repairs

8. Appendix C - Registration Documents: Copies of current registration and title documents

9. Appendix D - Insurance History: Details of insurance history and claims

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Switzerland

Publisher

Genie AI

Cost

Free to use

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