Sale and Purchase of Ship - Duties of The Seller

Duties of The Seller

Fundamentally, the main duty of the seller is to deliver the ship in accordance with the terms, conditions and warranty of the contract. The time of delivery may or may not be an essential part of the contract depending on the clause of the contract. If the time of delivery is an essential part of the contact, the buyer can have the option to cancel the contract under the situation that the delivery is not made by the stipulation.

Furthermore, the seller is also has the obligation to avoid the misrepresentations. Although there is no general duty of disclosure and the buyer is free to investigations on the ship intended to be purchased, the seller should not induce the other party to enter the contract by making material representations which are not true. Statements or assurances made during negotiations leading to a contract may be either "terms" which form the express terms of the contract or just the statements which do not intend to be part of the contract, but help to induce the contract. Even the statement is untrue "Misrepresentation", it is difficult for the buyer to claim for remedies if this misrepresentation not become a contractual term.

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