Контракт на покупку яхты "Stream"

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Контракт на покупку яхты "Stream"

MEMORANDUM OF AGREEMENT
For Sale and Perchase of Leopard Sport 27m Motor Yacht

Name of Yacht STREAM Water line length: 21m25

Hull number 5 Port of Registri

Classification Type

WHERE LYING Cannes, France

The above together with together with any and all equipment, inventory, fixtures and/or accessories thereto and any and all books, plans, specifications, warranties, parts catalogues, technical and structural diagrams and the like is hereinafter referred to as “Motor Yacht”

BETWEEN THE UNDERSIGNED IT HAS BEEN AGREED AS FOLLOWS

1. Date of this Agreement: May___,1997

2. Name of Seller: S. N. P. Boat Service S. A. of Port Pierre Canto Boulevard de la Croisette 06400 Cannes France (hereinafter called “Seller”)

3. Name of Buyer: (hereinafter called “the Buyer”)

4. Seller and Buyer are each sometimes hereinafter referred to as “Party” or together as “Parties”

5. Purchase Price: Three million nine hundred fifty thousand Dollars (US) ($3, 950, 000) exclusive of VAT (if applicable)

6. Deposit: Seller acknowledges the receipt of a deposit by Buyer in the amount of eighty six thousand five hundred Dollars (US) ($86, 500), such deposit to be used as a credit against the purchase price of the Motor Yacht

7. Balance of Purchase Price: Upon the execution of this Agreement, Buyer will make payment to Seller in the amount of one million one hundred eighty five thousands Dollars (US) ($1, 185, 000), such amount to be applied as a credit against the purchase price of the Motor Yacht. The remaining sum will be due and payable upon the delivery and acceptance of the Motor Yacht.

8. Sea Trial and Condition Survey: To be completed at S. N. P Boat Services S. A. in Cannes, France no later than May 26, 1997 (the “Survey Date”)

9. Place of Completion: Cannes, France

10. Place of Delivery: Cannes, France

11. Completion Date: June 1, 1997 or such other date (if any) as may be agreed upon in writing by the Parties (hereinafter referred to as “the Completion Date”)

12. Special Conditions:

  1. The Motor Yacht shall have the characteristics and specifications set out in the Seller’s 17 page document entitled “Leopard Sport 27m Technical Specifications” (“the Specification”) a copy of which is annexed hereto as Appendix A and initialed by the Parties for identification purposes.
  2. The Motor Yacht shall have conform in all respects to the architectural plans and drawings (“the Plans”) a copy of which is annexed hereto as Appendix B and initialed by the Parties for identification purposes, and which will be delivered to the Buyer upon Completion
  3. The Bill of Sale to be signed and Completed by the Seller (“the Bill of Sale”) shall be in the Department of Transportation standard for ROS 20 (5/96)

(………………………………)

43. Notices: Any notice required to be given to or by the Seller or the Buyer shall be given in writing and shall be deemed to be properly given if proved to have been delivered personally or by courier or by registered post and properly addressed to the address of the addressee specified herein in Clause 2 and 3 respectively, or sent by fax to the correct fax number of the addressee hereinafter set out, and signatures by fax shall be binding. Notices shall be deemed to have been served on the date of personal courier service or 96 hours from posting as aforesaid or on the date immediately following fax transmission.

Service of any legal proceedings concerning or arising out of this Agreement shall be effected by causing the same to be delivered to the company secretary of the party to be served at its registered office or to such other addresses as may from time be notified in writing by the parties concerned.

Actual receipt of any notice by the addressee party shall thereby invalidate any claim of improper service.

The Seller: (33) 04 93 43 11 89

The Buyer: 7(095) 961-1325