The Aircraft Purchase Agreement serves as the primary document governing the sale and transfer of aircraft ownership in the United States. This comprehensive agreement is essential for both new and used aircraft transactions, ensuring compliance with FAA regulations, federal transportation codes, and state laws. It protects both buyer and seller by clearly defining the terms of sale, including aircraft specifications, purchase price, payment terms, inspection rights, and warranties. The agreement must address various regulatory requirements specific to aviation transactions, including proper registration, airworthiness certificates, and title transfer procedures. Given the complex nature of aircraft transactions and the significant financial investment involved, this agreement typically requires careful consideration of technical, legal, and financial aspects, often involving multiple stakeholders including financial institutions, escrow agents, and aircraft inspectors.
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1. Parties: Identification of buyer and seller with full legal names and addresses
2. Background/Recitals: Context of the transaction and basic information about the aircraft
3. Definitions: Key terms used throughout the agreement including technical, legal, and regulatory definitions
4. Aircraft Description: Detailed specifications of the aircraft, including registration number, manufacturer, model, and serial numbers
5. Purchase Price and Payment Terms: Price, payment schedule, method of payment, and any escrow arrangements
6. Conditions Precedent: Requirements that must be met before closing, including regulatory approvals and inspections
7. Inspection and Acceptance: Terms for pre-purchase inspection and acceptance criteria
8. Title and Registration: Provisions for clear title transfer and registration requirements under FAA regulations
9. Representations and Warranties: Statements of fact and promises by both parties regarding the aircraft and transaction
10. Closing Procedures: Process and requirements for completing the transaction
1. Financing Provisions: Terms related to external financing and security interests
2. Export/Import Provisions: Requirements for international transfer and customs compliance
3. Escrow Arrangements: Terms for handling funds and documents through escrow services
4. Maintenance and Records Transfer: Specific requirements for maintenance status and records transfer
5. Training Provisions: Terms for pilot or maintenance training services
1. Schedule A - Aircraft Specifications: Detailed technical specifications of the aircraft
2. Schedule B - Equipment List: Inventory of included equipment and accessories
3. Schedule C - Maintenance Records: List of maintenance history and required documentation
4. Schedule D - Delivery Condition Requirements: Specific conditions the aircraft must meet at delivery
5. Schedule E - Form of Bill of Sale: Template for the FAA Bill of Sale
6. Schedule F - Certificate of Insurance: Proof of required insurance coverage
7. Schedule G - Pre-Purchase Inspection Protocol: Detailed inspection requirements and procedures
8. Schedule H - Payment Schedule: Detailed breakdown of payment terms and timelines
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