## Table of Contents

1. Introduction
2. Definitions
3. Sale and Purchase
4. Purchase Price and Payment
5. Delivery and Title Transfer
6. Warranties and Representations
7. Disclaimer of Warranties
8. Risk of Loss
9. Default and Remedies
10. Termination
11. Governing Law and Dispute Resolution
12. Entire Agreement
13. Notices
14. Severability
15. Waiver
16. Binding Effect
17. Counterparts
18. Miscellaneous
19. Conclusion

## Introduction

This sample boat sales agreement document is intended to provide a general framework for the sale and purchase of a boat in Kenya. It is important to note that this is a sample document and may not be suitable for all transactions. It is highly recommended that you consult with a qualified legal professional to ensure that the agreement is tailored to your specific needs and circumstances.

## Definitions

For the purposes of this Agreement, the following terms shall have the meanings ascribed to them below:

* **"Buyer"** means [Buyer's Name], residing at [Buyer's Address].
* **"Seller"** means [Seller's Name], residing at [Seller's Address].
* **"Boat"** means the [Boat Type] boat, with hull identification number [Hull ID Number], as described in the attached Schedule A.
* **"Purchase Price"** means the sum of [Amount] Kenyan Shillings (KES).
* **"Closing Date"** means the date on which the Buyer takes possession of the Boat.

## Sale and Purchase

1. The Seller agrees to sell and the Buyer agrees to purchase the Boat on the terms and conditions set forth in this Agreement.

## Purchase Price and Payment

1. The Purchase Price shall be paid by the Buyer to the Seller as follows:
    * [Payment Schedule and Method]

## Delivery and Title Transfer

1. The Seller shall deliver the Boat to the Buyer on the Closing Date at [Delivery Location].
2. The Seller shall provide the Buyer with all necessary documents to transfer title to the Boat to the Buyer, including but not limited to:
    * [List of Documents]

## Warranties and Representations

1. The Seller warrants and represents to the Buyer that:
    * The Seller has full right, power, and authority to sell the Boat.
    * The Boat is free and clear of any liens, encumbrances, or other security interests.
    * The Boat is in good working order and condition, except as disclosed in writing to the Buyer.
    * The Boat complies with all applicable laws and regulations.

## Disclaimer of Warranties

1. THE BOAT IS SOLD "AS IS" AND "WHERE IS" WITH NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

## Risk of Loss

1. The risk of loss or damage to the Boat shall pass to the Buyer upon delivery of the Boat to the Buyer.

## Default and Remedies

1. If either party defaults in the performance of its obligations under this Agreement, the non-defaulting party shall have the right to pursue all available remedies at law or equity, including but not limited to:
    * Termination of this Agreement.
    * Specific performance.
    * Damages.

## Termination

1. This Agreement may be terminated by either party upon written notice to the other party if:
    * The other party breaches any material provision of this Agreement and fails to cure such breach within [Number] days after written notice of such breach.
    * The other party becomes insolvent or bankrupt.

## Governing Law and Dispute Resolution

1. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Kenya.
2. Any dispute arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the Arbitration Act, 1995. The arbitration shall be conducted in [Location] and the language of the arbitration shall be English.

## Entire Agreement

1. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.

## Notices

1. All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered personally, sent by certified mail, return receipt requested, or sent by overnight courier service, addressed as follows:
    * If to the Buyer: [Buyer's Address]
    * If to the Seller: [Seller's Address]

## Severability

1. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

## Waiver

1. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any other or subsequent breach.

## Binding Effect

1. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.

## Counterparts

1. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

## Miscellaneous

1. This Agreement may be amended only by a written instrument signed by both parties.
2. This Agreement shall not be assigned by either party without the prior written consent of the other party.

## Conclusion

This sample boat sales agreement document is intended to provide a general framework for the sale and purchase of a boat in Kenya. It is important to note that this is a sample document and may not be suitable for all transactions. It is highly recommended that you consult with a qualified legal professional to ensure that the agreement is tailored to your specific needs and circumstances.


## Sample Boat Sales Agreement

### Table of Contents

1.  Parties
2.  Description of the Boat
3.  Purchase Price and Payment Terms
4.  Delivery and Title Transfer
5.  Warranties and Representations
6.  Inspection and Condition of the Boat
7.  Default and Remedies
8.  Governing Law and Dispute Resolution
9.  Entire Agreement
10. Notices
11.  Signatures

### 1. Parties

This Boat Sales Agreement ("Agreement") is made and entered into as of [Date] by and between:

*   **Seller:** [Seller Full Name], residing at [Seller Address], hereinafter referred to as "Seller."
*   **Buyer:** [Buyer Full Name], residing at [Buyer Address], hereinafter referred to as "Buyer."

### 2. Description of the Boat

The Seller agrees to sell and the Buyer agrees to purchase the following boat (the "Boat"):

*   **Make:** [Boat Make]
*   **Model:** [Boat Model]
*   **Year:** [Boat Year]
*   **Hull Identification Number (HIN):** [Boat HIN]
*   **Length:** [Boat Length]
*   **Engine:** [Boat Engine]
*   **Other Relevant Details:** [Boat Other Details]

### 3. Purchase Price and Payment Terms

The purchase price for the Boat (the "Purchase Price") is [Purchase Price] Kenyan Shillings (KSh).

*   **Payment Schedule:** The Buyer shall pay the Purchase Price as follows:
    *   [Payment Schedule Details]
*   **Method of Payment:** The Purchase Price shall be paid by [Payment Method]
*   **Late Payment:** If the Buyer fails to make any payment due under this Agreement by the due date, the Buyer shall pay a late payment fee of [Late Payment Fee] per day.

### 4. Delivery and Title Transfer

*   **Delivery:** The Seller shall deliver the Boat to the Buyer at [Delivery Location] on or before [Delivery Date].
*   **Title Transfer:** The Seller shall transfer title to the Boat to the Buyer upon full payment of the Purchase Price. The Seller shall provide the Buyer with all necessary documents to register the Boat in the Buyer's name.

### 5. Warranties and Representations

*   **Seller's Warranties:** The Seller warrants that:
    *   The Seller has full right, power, and authority to sell the Boat.
    *   The Boat is free and clear of any liens or encumbrances.
    *   The Boat is in good working order and condition, except as disclosed in writing to the Buyer.
*   **Seller's Representations:** The Seller represents that:
    *   The Boat has not been involved in any accidents or collisions.
    *   The Boat has been properly maintained and serviced.
    *   The Boat is in compliance with all applicable laws and regulations.

### 6. Inspection and Condition of the Boat

*   **Buyer's Inspection:** The Buyer shall have the right to inspect the Boat at [Inspection Location] on or before [Inspection Date].
*   **Condition of the Boat:** The Buyer acknowledges that the Boat is being sold "as is" and that the Buyer has inspected the Boat and is satisfied with its condition.

### 7. Default and Remedies

*   **Default:** This Agreement may be terminated by either party upon the occurrence of a material breach of this Agreement by the other party.
*   **Remedies:** In the event of a default by the Buyer, the Seller shall have the right to:
    *   Demand full payment of the Purchase Price.
    *   Repossess the Boat.
    *   Pursue any other legal remedies available to the Seller.
*   **Remedies:** In the event of a default by the Seller, the Buyer shall have the right to:
    *   Demand a refund of any payments made.
    *   Pursue any other legal remedies available to the Buyer.

### 8. Governing Law and Dispute Resolution

*   **Governing Law:** This Agreement shall be governed by and construed in accordance with the laws of Kenya.
*   **Dispute Resolution:** Any dispute arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the Arbitration Act, 1995. The arbitration shall be conducted in [City, Kenya] and the language of the arbitration shall be English.

### 9. Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.

### 10. Notices

All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered personally, sent by certified mail, return receipt requested, or sent by overnight courier service, addressed as follows:

*   **If to Seller:** [Seller Address]
*   **If to Buyer:** [Buyer Address]

### 11. Signatures

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

**Seller:**

[Seller Signature]

[Seller Printed Name]

**Buyer:**

[Buyer Signature]

[Buyer Printed Name]

***

This is a sample boat sales agreement and should be reviewed by a qualified legal professional before use. The specific terms of the agreement should be tailored to the specific circumstances of the transaction.

***

**Case Laws:**

*   **Mombasa Municipal Council v. Republic [1971] EA 400:** This case established the principle that a contract for the sale of goods must be in writing to be enforceable. This principle is relevant to the boat sales agreement as it ensures that the terms of the agreement are clearly documented and legally binding.
*   **Kenya Commercial Bank Ltd v. Trust Bank Ltd [2003] 1 EA 1:** This case highlighted the importance of clear and unambiguous language in contracts. The boat sales agreement should be drafted with clear and concise language to avoid any ambiguity or disputes.
*   **Kenya Power & Lighting Co. Ltd v. East African Power & Lighting Co. Ltd [1982] KLR 1:** This case emphasized the importance of adhering to the terms of a contract. The boat sales agreement should clearly outline the obligations of both the seller and the buyer to ensure that both parties fulfill their commitments.

**Sources:**

*   [The Law of Contract Act, Cap. 23, Laws of Kenya](http://www.kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=CAP.%2023)
*   [The Sale of Goods Act, Cap. 31, Laws of Kenya](http://www.kenyalaw.org:8181/exist/rest/db/kenyalex/Kenya/Legislation/English/Acts%20and%20Regulations/S/Sale%20of%20Goods%20Act%20Cap.%2031%20-%20No.%2033%20of%201930/docs/SaleofGoodsAct33of1930.pdf)
*   [The Arbitration Act, 1995](http://www.kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=Act%20No.%204%20of%201995)
*   [Kenya Law](https://kenyalaw.org/)

This sample boat sales agreement is intended to provide a general framework for such agreements. It is essential to consult with a qualified legal professional to ensure that the agreement is tailored to the specific circumstances of the transaction and complies with all applicable laws and regulations in Kenya.


### Sample Boat Sales Agreement

---

**BOAT SALES AGREEMENT**

**This Boat Sales Agreement ("Agreement") is made and entered into on [Date], by and between:**

**Seller:**
Name: [Seller's Full Name]  
Address: [Seller's Address]  
Phone: [Seller's Phone Number]  
Email: [Seller's Email Address]  

**Buyer:**
Name: [Buyer's Full Name]  
Address: [Buyer's Address]  
Phone: [Buyer's Phone Number]  
Email: [Buyer's Email Address]  

**1. Description of the Boat**

The Seller agrees to sell, and the Buyer agrees to purchase, the following boat ("Boat"):

- Make: [Boat Make]
- Model: [Boat Model]
- Year: [Year of Manufacture]
- Hull Identification Number (HIN): [HIN]
- Registration Number: [Registration Number]
- Engine Make and Model: [Engine Make and Model]
- Engine Serial Number: [Engine Serial Number]
- Length: [Length in Feet]
- Color: [Color]
- Accessories Included: [List of Accessories]

**2. Purchase Price**

The total purchase price for the Boat is Ksh [Purchase Price] ("Purchase Price"). The Purchase Price is payable as follows:

- Deposit: Ksh [Deposit Amount] payable on the signing of this Agreement.
- Balance: Ksh [Balance Amount] payable on or before [Date of Final Payment].

**3. Payment Method**

The Buyer shall pay the Purchase Price by [Payment Method, e.g., bank transfer, cheque, cash].

**4. Delivery**

The Seller agrees to deliver the Boat to the Buyer on [Delivery Date] at [Delivery Location]. The risk of loss or damage to the Boat shall pass to the Buyer upon delivery.

**5. Warranties**

The Seller warrants that:

- The Seller is the legal owner of the Boat and has the right to sell it.
- The Boat is free from any liens, encumbrances, or other claims.
- The Boat is in good working condition and has been maintained according to the manufacturer's recommendations.

**6. Inspection**

The Buyer has the right to inspect the Boat before the final payment. The Buyer acknowledges that they have inspected the Boat and accepts it in its current condition.

**7. Governing Law**

This Agreement shall be governed by and construed in accordance with the laws of Kenya.

**8. Dispute Resolution**

Any disputes arising out of or in connection with this Agreement shall be resolved through mediation. If mediation fails, the dispute shall be resolved through arbitration in accordance with the Arbitration Act of Kenya.

**9. Entire Agreement**

This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations, representations, or agreements, whether written or oral.

**10. Amendments**

Any amendments to this Agreement must be in writing and signed by both parties.

**11. Signatures**

IN WITNESS WHEREOF, the parties hereto have executed this Boat Sales Agreement as of the day and year first above written.

**Seller:**

_________________________  
[Seller's Full Name]  
Date: [Date]

**Buyer:**

_________________________  
[Buyer's Full Name]  
Date: [Date]

**Witness 1:**

_________________________  
[Witness 1 Full Name]  
Address: [Witness 1 Address]  
Date: [Date]

**Witness 2:**

_________________________  
[Witness 2 Full Name]  
Address: [Witness 2 Address]  
Date: [Date]

---

**Sources:**

- [Kenya Law Reports](http://www.kenyalaw.org:8181/exist/rest/db/kenyalex/Kenya/Legislation/English/Acts%20and%20Regulations/S/Sale%20of%20Goods%20Act%20Cap.%2031%20-%20No.%2033%20of%201930/docs/SaleofGoodsAct33of1930.pdf)
- [Kenya Law Reports - Arbitration Act](http://www.kenyalaw.org:8181/exist/rest/db/kenyalex/Kenya/Legislation/English/Acts%20and%20Regulations/A/Arbitration%20Act%20Cap.%2049%20-%20No.%204%20of%201995/docs/ArbitrationAct4of1995.pdf)
- [Kenya Law Reports - Law of Contract Act](http://www.kenyalaw.org:8181/exist/rest/db/kenyalex/Kenya/Legislation/English/Acts%20and%20Regulations/C/Contract%20Act%20Cap.%2023%20-%20No.%201%20of%201974/docs/ContractAct1of1974.pdf)

---

This sample Boat Sales Agreement is designed to provide a comprehensive framework for the sale and purchase of a boat in Kenya. It includes essential details such as the description of the boat, purchase price, payment method, delivery terms, warranties, inspection rights, governing law, dispute resolution, and signatures. It is advisable to consult with a legal professional to ensure that the agreement meets all legal requirements and adequately protects the interests of both parties.

Draft a sample boat sales agreement document

Ask a lawyer: Draft a sample boat sales agreement document

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Draft a sample boat sales agreement document