Yacht Delivery New Zealand Ltd

YACHT DELIVERY NEW ZEALAND LTD

VESSEL DELIVERY AGREEMENT

Yacht Delivery NZ Vessel Delivery Agreement.doc 03/04/2018 1

YACHT DELIVERY NEW ZEALAND LTD

Vessel’s Delivery Agreement

This agreement is made and entered into in New Zealand on this day of

Between:

Owner of Vessel

[hereinafter referred to as “Owner”]

[Brief description of vessel]

Registered to the port of

Call sign #

Gross tonnage

And: Yacht Delivery New Zealand Ltd [hereinafter referred to as “YDNZ”]

1. AGREEMENT

The Owner agrees to retain YDNZ to provide the services of a Captain and crew to deliver or operate aforesaid vessel from to . Distance, port-port nm.

2. DEFINITIONS

Delivery: Assuming command of the vessel, without passengers, only for the purpose of moving her on her hull, from point of departure to final destination.

Expenses: Expenses are defined as food, fuel, oil, supplies, customs and immigration fees, port fees, emergencies or transportation whether local or to and from the point of departure and of destination for the Captain and crew.

3. DELIVERY TERMS

3.1.1 The Owner shall pay the agreed passage/per nautical mile fee totalling NZ$______.

3.1.2 Estimated operation time is days sailing.

3.2 General inspection time by the Captain, lay days due to circumstances beyond the Captain’s control, and the Captain and crews’ travel time to and from the vessel are at an Agreed Daily Rate of NZ $ ______plus GST.

4. DELIVERY FEE

4.1 The fee specified in clause 3.1.1 and 3.2 will be paid to Yacht Delivery New Zealand on completion of a safe delivery.

4.2 Payment shall be made by cash or cheque in New Zealand dollars.

5. CREW

5.1 Crew members, required in addition to the Captain, will be retained by YDNZ to assist in the delivery of the said vessel.

5.2 The Owner may sail as crew.

6. INSPECTION AND EQUIPMENT FAILURE

6.1 The Owner and a surveyor of his nomination will represent the vessel to be seaworthy. However, if upon inspection and preparation or en route, working mechanical, electrical failure, loss or damage occurs or has occurred to the said vessel or its equipment which, in the Captain’s judgement, hinders her ability to make or continue a safe voyage, the Owner must correct it, or authorise corrective action at the Owner’s expense.

6.2 The voyage may be terminated by YDNZ if, in the Captain’s judgement, the vessel is considered unsafe, then YDNZ will be paid the daily fee plus all expenses incurred including the cost of a return airfare to the Captain’s home base. All remaining monies advanced in excess of what is due to YDNZ will be returned to the Owner or his agent by YDNZ.

7. EXPENSE MONEY

7.1 Adequate expense money will be made available in cash and/or cheque in the amount of NZ$ (Agreed Amount) in advance of the proposed departure of said vessel.

7.2 YDNZ will submit an itemised book with receipts, petty cash slips and invoices, where procurable, as basis for final accounting to the Owner.

7.3 If the expenses exceed the amount of the advance, then the Owner will provide funds to cover the deficiency.

7.4 If the voyage exceeds the estimated days, the Owner will provide the additional expense funds at an intermediate stop or at the conclusion, whichever is feasible first.

7.5 If the journey takes less time than estimated, YDNZ will promptly refund any monies due to the Owner.

8. MARINE INSURANCE

An insurance policy will be provided for the vessel by the Owner.

9. HOLD HARMLESS

9.1 YDNZ is not responsible for normal wear and tear, nor for equipment failure under prudent operation consistent with established practices, nor for loss resulting from acts of Mother Nature (i.e. lightening, hurricanes, etc).

9.2 YDNZ is not responsible for losses due to acts of war, piracy, government actions, or insurgencies, nor for damage to the vessel or injuries to the crew sustained therefrom, nor for the termination of the voyage caused as a practical consequence therefrom.

10. ILLEGAL ACTIVITIES

10.1 All obligations of YDNZ under this agreement will become null and void if the said vessel is engaged in any illegal activity or violation of the Zero Tolerance government regulations regarding transportation or use of illegal drugs or smuggling on board.

10.2 The Captain and crew will uphold the law and support the authorities conducting any investigation whether on land or on the high seas.

11. RULES OF RESPONSIBILITY

That the Owner, his guests and supplied crew will adhere to Rules of Responsibility as outlined by the YDNZ. These will include, but not be limited to:

(a) No excessive consumption of alcoholic beverages while vessel is underway.

(b) No smoking in the interior spaces.

(c) Presentation of all firearms for inspection, and

(d) The following of all reasonable instructions issued by the Captain.

12. ADDENDUM

12.1 That adequate berthing quarters will be available for the Captain and crew for the duration of the delivery.

12.2 That currently certified and dated lifesaving devices be onboard vessel prior to departure (i.e. SOLAS 4 - 6 person life raft [where applicable], EPIRB, SSB, VHF). If out of date, items will be acquired at the Owner’s expense. YDNZ can assist with locating these items at no extra cost.

13. ASSIGNMENT

13.1 YDNZ may assign these services to a sub-contractor and shall ensure that the services are provided, at YDNZ’s expense, by a competent and reliable relief person satisfactory to the Owner.

13.2 The Owner shall approve a competent and reliable relief person to perform the services.

14. ARBITRATION

If any dispute, question or difference arises between the parties concerning this agreement this question, dispute or difference shall be determined by the arbitration of a single arbitrator if the parties can agree upon one, or otherwise of two arbitrators, one to be appointed by each party and in the event of the two arbitrators failing to agree, by an umpire to be appointed by the two arbitrators and such arbitration shall be conducted under the provisions of the Arbitration Act 1996. This clause shall be deemed to be a submission to arbitration pursuant to the provisions set down in that Act.

15. JURISDICTION

It is understood and agreed that all rights and obligations of the parties to this contract, shall be governed and construed in accordance with the laws of New Zealand.

Owner Captain/YDNZ

Date: ………/……../……… Date: ……../………/………

POST DELIVERY STATEMENT (to be completed at end of delivery)

The vessel has been delivered to its final destination in good condition. YDNZ has been paid in full and holds no claim to the abovenamed vessel or its Owner.

Captain/YDNZ Owner/Agent

Date: ………/……../……… Date: ……../………/………

Yacht Delivery NZ Vessel Delivery Agreement.doc 03/04/2018