The Charter Agreement is a crucial commercial contract used when one party (the owner) grants temporary use of an asset to another party (the charterer) for a specified period and purpose. This document type is essential in various industries, particularly maritime, aviation, and heavy equipment sectors, where significant assets are chartered for commercial operations. Under Swiss law, the agreement must comply with the Swiss Code of Obligations and other relevant legislation, while often incorporating international commercial practices. The document typically includes comprehensive provisions for operational control, maintenance responsibilities, risk allocation, and financial terms. Charter Agreements can be structured as either 'wet' charters (including crew and operations) or 'dry' charters (asset only), with the documentation adjusted accordingly. The agreement's robust framework helps minimize disputes and ensures clear understanding of all parties' rights and obligations.
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1. Parties: Identification of the contracting parties including full legal names, addresses, and registration details
2. Background: Context of the agreement and brief description of the parties' intention to enter into a charter arrangement
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. Charter Period: Duration of the charter, including start date, end date, and any extension options
5. Delivery and Redelivery: Conditions and procedures for the delivery and return of the chartered asset
6. Charter Rates and Payment Terms: Detailed pricing structure, payment schedule, and payment methods
7. Operating Conditions: Permitted usage, geographical limitations, and operational requirements
8. Maintenance and Repairs: Responsibilities for maintenance, repairs, and technical management
9. Insurance: Required insurance coverage and responsibilities for obtaining and maintaining insurance
10. Liability and Indemnification: Allocation of risks and responsibilities between parties
11. Termination: Grounds for termination and consequences thereof
12. Force Majeure: Events constituting force majeure and their consequences
13. Governing Law and Jurisdiction: Applicable law and dispute resolution mechanisms
14. Notices: Communication procedures and contact details
15. General Provisions: Standard boilerplate clauses including assignment, amendments, and severability
1. Crew Provisions: Required for wet lease arrangements where crew is provided with the chartered asset
2. Fuel Arrangements: Specific provisions regarding fuel supply and cost allocation
3. Sub-charter Rights: Terms governing the right to sub-charter, if permitted
4. Purchase Option: Terms for potential purchase of the chartered asset
5. Environmental Compliance: Specific environmental requirements and responsibilities
6. Customs and Immigration: Required for international operations involving customs clearance
7. Training Requirements: Specific training obligations for personnel
8. Security Deposit: Terms regarding security deposit or other financial guarantees
1. Schedule 1 - Asset Specification: Detailed technical specifications of the chartered asset
2. Schedule 2 - Delivery Condition: Detailed description of required condition at delivery
3. Schedule 3 - Charter Rates: Detailed breakdown of rates, charges, and payment terms
4. Schedule 4 - Insurance Requirements: Specific insurance requirements and minimum coverage
5. Schedule 5 - Maintenance Schedule: Planned maintenance requirements and schedules
6. Schedule 6 - Operating Procedures: Detailed operational procedures and requirements
7. Schedule 7 - Form of Acceptance Certificate: Template for asset acceptance documentation
8. Schedule 8 - Approved Sub-charterers: List of pre-approved sub-charterers, if applicable
9. Appendix A - Contact Details: List of key contacts and communication protocols
10. Appendix B - Required Documentation: List of certificates and documents to be maintained
Relevant legal definitions
Clauses
Relevant Industries
Maritime Transport
Aviation
Logistics
Oil & Gas
Mining
Renewable Energy
Tourism & Travel
International Trade
Shipping
Yacht & Leisure
Defense & Military
Construction
Heavy Industry
Relevant Teams
Legal
Operations
Commercial
Risk Management
Finance
Procurement
Technical Operations
Compliance
Insurance
Asset Management
Business Development
Contract Administration
Quality Assurance
Relevant Roles
Chief Executive Officer
Chief Operating Officer
Fleet Manager
Operations Director
Commercial Director
Legal Counsel
Contract Manager
Risk Manager
Technical Manager
Charter Manager
Procurement Manager
Finance Director
Insurance Manager
Compliance Officer
Business Development Manager
Asset Manager
Maritime Operations Manager
Aviation Manager
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