Aircraft Purchase And Sale Agreement Template for Ireland

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Key Requirements PROMPT example:

Aircraft Purchase And Sale Agreement

"I need an Aircraft Purchase and Sale Agreement under Irish law for the sale of a Boeing 737-800 commercial aircraft between our Irish leasing company and a European commercial airline, with delivery scheduled for March 2025 and including standard Cape Town Convention compliance provisions."

Document background
The Aircraft Purchase And Sale Agreement is a crucial document used in aviation transactions under Irish law, which is particularly significant given Ireland's position as a global hub for aircraft leasing and aviation finance. This agreement is utilized when transferring ownership of an aircraft between parties, whether for commercial airlines, private operators, or leasing companies. It includes detailed provisions covering aircraft specifications, purchase price, payment structures, delivery conditions, warranties, and technical acceptance procedures. The document must comply with Irish aviation regulations, EU legislation, and international treaties such as the Cape Town Convention. It's designed to protect both parties' interests while ensuring regulatory compliance in aircraft transfer transactions. The agreement's Irish jurisdiction is particularly advantageous due to Ireland's well-established legal framework for aviation transactions and its significant aviation industry expertise.
Suggested Sections

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

2. Background: Context of the transaction and brief description of the aircraft being sold

3. Definitions: Definitions of key terms used throughout the agreement

4. Sale and Purchase: Core agreement to sell and purchase the aircraft, including purchase price

5. Deposits and Payment Terms: Structure and timing of payments, including deposit arrangements

6. Conditions Precedent: Conditions that must be satisfied before closing

7. Pre-Delivery Inspection: Terms for technical inspection and acceptance testing of the aircraft

8. Delivery and Transfer of Title: Process and requirements for aircraft delivery and title transfer

9. Representations and Warranties: Statements of fact and promises by both parties

10. Technical Acceptance: Criteria and process for technical acceptance of the aircraft

11. Closing Procedure: Step-by-step process for completing the transaction

12. Default and Termination: Circumstances allowing termination and consequences of default

13. Indemnification: Mutual indemnification provisions

14. Insurance: Required insurance coverage during delivery and transfer

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

16. Governing Law and Jurisdiction: Choice of Irish law and jurisdiction provisions

17. Miscellaneous: Standard boilerplate provisions including entire agreement, amendments, etc.

Optional Sections

1. Financing Arrangements: Required when third-party financing is involved in the purchase

2. Export/Import Requirements: Needed when aircraft is being transferred between jurisdictions

3. Tax Indemnity: Detailed tax provisions when complex cross-border elements exist

4. Cape Town Convention Compliance: Specific provisions required for compliance with Cape Town Convention

5. Maintenance Program Transfer: Terms for transferring maintenance programs and records

6. Training and Support: When seller agrees to provide training or technical support post-sale

7. Escrow Arrangements: Details of escrow arrangement if being used for the transaction

8. Broker Provisions: Required when brokers are involved in the transaction

Suggested Schedules

1. Aircraft Specification: Detailed technical description of the aircraft, engines, and components

2. Aircraft Documents: List of required aircraft records, certificates, and documentation

3. Delivery Condition Requirements: Specific conditions the aircraft must meet at delivery

4. Form of Technical Acceptance Certificate: Template for documenting technical acceptance

5. Form of Bill of Sale: Template for the aircraft bill of sale

6. Form of Delivery Receipt: Template for acknowledging delivery of the aircraft

7. Pre-Delivery Inspection Protocol: Detailed procedures for the pre-delivery inspection

8. Warranty Assignment Forms: Forms for assigning manufacturer warranties

9. Closing Documents Checklist: List of all required documents for closing

10. Permitted Liens: List of any permitted liens or encumbrances on the aircraft

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 | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Aviation

Aerospace

Aircraft Leasing

Commercial Airlines

Private Aviation

Financial Services

Insurance

Legal Services

Aircraft Maintenance

Transportation

Defense

Manufacturing

Relevant Teams

Legal

Finance

Aviation Operations

Technical Operations

Compliance

Risk Management

Procurement

Contract Management

Fleet Management

Maintenance

Insurance

Technical Inspection

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Legal Counsel

Aviation Finance Manager

Fleet Acquisition Manager

Technical Operations Director

Compliance Officer

Risk Manager

Aircraft Sales Director

Procurement Manager

Contract Manager

Aviation Insurance Manager

Fleet Planning Director

Maintenance Planning Manager

Technical Inspector

Aviation Consultant

Industries
Cape Town Convention and Aircraft Protocol: International treaty governing security interests in aircraft equipment, which Ireland has ratified. Provides framework for registration of international interests in aircraft.
Irish Aviation Authority Act 1993: Primary legislation governing aviation in Ireland, including aircraft registration requirements and safety standards.
Sale of Goods Act 1893 (as amended): Governs contracts for the sale of goods in Ireland, including provisions about title, quality, and transfer of ownership.
EU Regulation 1008/2008: Common rules for operation of air services in the EU, including ownership and control requirements for aircraft operated by EU carriers.
International Interests in Mobile Equipment (Cape Town Convention) Act 2005: Irish legislation implementing the Cape Town Convention, providing for the registration and protection of international interests in aircraft.
Value Added Tax Act 2010: Governs VAT implications of aircraft sales and purchases in Ireland.
Air Navigation and Transport Acts 1936-1998: Framework legislation governing various aspects of aviation, including registration and nationality of aircraft.
European Communities (Civil Aviation) Regulations: Irish regulations implementing various EU aviation directives and regulations.
Contract Law (General): Irish common law principles governing formation and enforcement of contracts, including offer, acceptance, consideration, and remedies.
International Registry Regulations: Regulations governing the registration of international interests in aircraft equipment under the Cape Town Convention.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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