EST Flashcards
Features of ship building contract
A epilator
Act of God/ Force Majeure: Permissable delays clearly stipulated
Equipment: Buyer can supply own equipment but installation by builder
Possesssion: requiremnt of buyer taking possession of vesel clearly specified
Inspection, Test trials: buyer can inspect and test equipment on vessel during buidling
Governing law/dispute resolution: law, note reference to expert advice
Approval : approval requirement mentioned in newbuilding contracts
Termination: Circumstance that both parties can terminate the agreement
Other events: error, neglect of omission by other parties not accepted
Registration: buyer responsible for registration of vessel
Demolition Contract Clause
brewedp
Permanent Ballast: Stone or concrete, permanently kept on board, correct a list developed during building, no value, subtracted from ldt when selling scrap
Dispute resolution clause
Environment & safety practices in ship demolition and recycling to follow IMO guidelines
Buyer allowed to put watchmen on board at delivery place
Exemtioon for liability for loss of vessel before delivery mentioned
Buyer & Seller default remedy mentioned
Purpose of sale is for demolition mentioned
Materials for scrap
scrap steel- 85%
Cast iron- 5%
non ferrous material - 2%
non combustible fittings like furniture -8 %
Letter of credit
prevent fraud as buyer do not pay after delivery
payment arranged through letter of credit
seller deliver at designated point
proof of delivery through various financial documents
Reason for scrap
CARDS
Company policy to renew aged fleet
Age of vessel
Flag state requirement for registry
Obsolete design
not seaworthy
Caveat Venditor
seller beware
Freely transferable
no encumbrace and blacklist
seaworthy
Comparison of vessel calculation
Pro rate by size
Age= 5%
speed=2%
Precautions in valuation
assumed to be seaworthy, class maintained, freely transferable, no damage
no physical examination of ship (valuation based on class records and other documents)
no responsibility of accuracy of report (valuation figure not statement of fact)
matter of opinion
Methodology for valuation
Precautions (to list)
based on market comparison
compares ship type, size, speed, age
prices based on last sale, can go up or down
sources of data: vessel sold/for sale, volume of sale activity, market trends, day to day contacct worldwide for opinion
Type of valuation
Market valuation
past or present day value
demolition value
damaged value
Market valuation
most common
precuations (to list)
willing buyer and seller
Past or present day value
legal claim
bank financing
demolition value
lightweight and current demolition market price per lwt
damaged value
salvage claim
less repair, offhire cost during repair, towage, other expenses for sound trading conditions
Who need valuation
bank, lawyers, insurance underwriter, p&i club, average adjusters, ship owners, consortia investors
Assesment of risk
Initial discussion
Transaction structure
Credit assessment
Analysis of transaction
Initial discussion
send to managment
draft up facility
Transaction structure
loan amount, applicabiltty, interest rates, drawdown conditions, loan tenure, repayment, pre-payment, pricing cost, other conditions
Credit assessment
- 6C : character capacity capital company conditions collateral
- CAMPARI: character, ability, margin, purpose, amount, repayment, insurance
Analysis of transaction
Cash flow requirements
break even cost
secured/ unsecured
loan to value raio
balloning requrements
Specialist sector
Capital intensity
Volatile market
mobile assets (easy to change registry to FOC)
limited information (individual no transparency