《船舶采购、销售和运营 Ship Purchase, Sales and Operations》课程教学资源（PPT讲稿）The NSF 93 Items 船舶贸易

上浒文通大￥ Shanghai Jiao Tong University The NSF 93 Items 小组成员：代思宇杨羿帆陈熠画丛佳然曾亚东 2014年10月10日

The NSF 93 Items 小组成员：代思宇 杨羿帆 陈熠画 丛佳然 曾亚东 2014年10月10日

h 上游充通大￥ Introduction Shanghai Jiao Tong University the most common standard contract in the world's second-hand ship market several editions(1966,1983,1987,1993,2012) NSF93 refers to the edition revised in 1993 C 0 S C O

Shanghai Jiao Tong University Introduction the most common standard contract in the world's second-hand ship market several editions(1966,1983,1987,1993,2012) NSF93 refers to the edition revised in 1993

上游克通大睾 The、 Sample one-“GRIFFON” 后 Shanghai Jiao Tong University 2010.4.28 2010.5.1 a sale intention signed MOA of $22m 时出t谢0吨iugn9乐2是5m风gabe paid during three banking days the seller canceled the contract and asked for compensation 2010.5.6 2010.5.5 VEDIO the buyer did not pay the deposit

Shanghai Jiao Tong Un Tivers hity e Sample one——“GRIFFON” 2010.4.28 a sale intention of $22m 2010.5.1 signed MOA 2010.5.5 the deposit($ 2.156m) should be paid during three banking days the buyer did not pay the deposit 2010.5.6 the seller canceled the contract and asked for compensation

上浒充通大学 The、 Sample one.—“GRIFFON” Shanghai Jiao Tong University several reasons: 1.the unconditional claim(contract law), the deposit payment (Clause 2 in NSF93 ) debts or damages for breach of obligations 2.no exact words in clause 13 of NSF93 excludes the seller's rights to request a deposit 3."compensation"in clause 13 contains a deposit Clause13:Should the deposit not be paid in accordance with Clause 2, the Sellers have the right to cancel theagreement,and they shall be entitled to claim compensation for their losses and for all expenses incurred together with interest.(如果买方没有按照规定及时支付定金（见 第二条)，卖方有权取消该合同并可对给他们造成的损失而引起的一切费 用及其利息索赔。)

Shanghai Jiao Tong Un Tivers hity e Sample one——“GRIFFON” several reasons: 1.the unconditional claim(contract law), the deposit payment (Clause 2 in NSF93 ), debts or damages for breach of obligations 2.no exact words in clause 13 of NSF93 excludes the seller’s rights to request a deposit 3."compensation" in clause 13 contains a deposit Clause13:Should the deposit not be paid in accordance with Clause 2, the Sellers have the right to cancel theagreement, and they shall be entitled to claim compensation for their losses and for all expenses incurred together with interest. (如果买方没有按照规定及时支付定金（见 第二条），卖方有权取消该合同并可对给他们造成的损失而引起的一切费 用及其利息索赔。)

上游充通大 The Sample one “GRIFFON” 后 Shanghai Jiao Tong University In 1998,the court in Singapore made the decision in favor of the buyer controversy In a London arbitration in 2011,the arbitration tribunal support the seller. the:clause:13. the业eiss业liged toupay the er吵sit Only using clear words in the contract can exclude the seller's right to request the deposit

Shanghai Jiao Tong Un Tivers hity e Sample one——“GRIFFON” In 1998,the court in Singapore made the decision in favor of the buyer . In a London arbitration in 2011, the arbitration tribunal support the seller. If it is the buyer’s fault that leads to the cancellation of the contract before the buyer pays the deposit, then the buyer is still obliged to pay the deposit. Only using clear words in the contract can exclude the seller’s right to request the deposit. controversy

上浒充通大学 The Sample two-—Rich Ocean 后 Shanghai Jiao Tong University Time period of the accidents MOA 2011.12.25 2012.01.13 (checked well) (anchoring well) 2012.02.17 2012.02.15 (inform the buyer) (the delivery time of the Vessel)

Shanghai Jiao Tong University The Sample two——“Rich Ocean” Time period of the accidents 2011.12.25 2012.01.13 (checked well) (anchoring well) 2012.02.17 (the delivery time of the Vessel) MOA 2012.02.15 (inform the buyer)

h 上游充通大学 The S Sample two—Rich Ocean 后 Shanghai Jiao Tong University Not enough evidence to prove: The diesel engine was broken. There was once a significant damage The result: ©The plaintiff won

Shanghai Jiao Tong University The Sample two——“Rich Ocean” Not enough evidence to prove: The diesel engine was broken. There was once a significant damage The result: The plaintiff won

上海充通大学 The Sample two-"Rich Ocean 后 Shanghai Jiao Tong University The relationship with the NSF 93: The fifth item 5.Notices,.Time and P1 ace of Delivery交船地点和时间 51 a)The Sellers shall keep the Buyers well informed of the Vessel s itinerary and shall provide the Buyers with 3,2,and 1 days notice of the estimated time of arrival at the intended place of dry-docking/underwater inspection/delivery.卖方将随时报告买 方船舶的行程及预计的交接船地点及时间，并给买方/1和天之予预计交船通知及按照卖船的 条件及约束发出32/1天的确切交船通知。 The seller's act accords with the item

Shanghai Jiao Tong University The Sample two——“Rich Ocean” The relationship with the NSF 93: The fifth item The seller’s act accords with the item

上浒充通大？ The S Sample two-—Rich Ocean 后 Shanghai Jiao Tong University The relationship with the NSF 93: ©The sixth item 6.Dry-docking/Divers Inspection进船坞水下摸底80 a)**The Sellers shall place the Vessel in dry-dock at the port of delivery for inspection by the Cla ssification.Society of the Vessels underwater parts below the deepest load line,the extent of the in spection being in accordance with the Classification Society rules. 在交船时，卖方应在交船港将船舶入干以接受船级社对船底和夏季载重线以下的水下都分 的检验。 Even if the diesel engine may be broken at that time,it is not the seller's duty

Shanghai Jiao Tong University The Sample two——“Rich Ocean” The relationship with the NSF 93: The sixth item Even if the diesel engine may be broken at that time, it is not the seller’s duty

上浒充通大学 The S Sample two-"Rich Ocean Shanghai Jiao Tong University The relationship with the NSF 93: The eleventh item 11. Condition on Delivery 交船状况 The Vessel with everything belonging to her shall be at the Sellers'risk and expense until she is delivered to the Buyers,but subject to the terms and conditions of this Agreement she shall be delivered and taken over as she was at the time of inspection,fair wear and tear excepted. At the time of the inspection Does not accord with the MOA before

Shanghai Jiao Tong University The Sample two——“Rich Ocean” The relationship with the NSF 93: The eleventh item At the time of the inspection ? Does not accord with the MOA before