Common use of Approval of Plans and Drawings Clause in Contracts

Approval of Plans and Drawings. (a) The SELLER shall submit to the BUYER three (3) copies of the plans and drawings to be submitted thereto for its approval at its address as set forth in ARTICLE XVIII hereof. For those plans and drawings that have been approved as of the date of the Contract by the BUYER of Hull No. YZJ2004-680C and are unaffected by Specifications herein, the SELLER shall submit such plans and drawings to the BUYER within 45 days of date of the Contract. The BUYER shall have ninety (90) days thereafter to submit comments and return one plan or drawing, as the case may be, to the SELLER. For all other plans and drawings, to be approved hereunder, the BUYER shall, within twenty-one (21) days after receipt thereof, return to the SELLER one (1) copy of such plans and drawings with the BUYER’s approval or comments written thereon, if any, within the terms of the Specifications and the Contract. The SELLER must respond to the comments of the BUYER within twenty-one 21 days. Any alterations to the Specifications resulting from such comments shall be dealt with in accordance with ARTICLE V, Clause 1. If any modifications and or changes are made to the plans which have been reviewed or approved by the BUYER, the SELLER shall submit such plans either partially or totally to the BUYER for reapproval in accordance with this Clause. A list of the plans and drawings to be so submitted to the BUYER shall be mutually agreed upon between the parties hereto and such plans and drawings shall then constitute “Approved Drawings”. (b) In the event that the BUYER shall fail to return the plans and drawings to the SELLER by fax or otherwise within the time limit as hereinabove provided, such plans and drawings shall be deemed to have been automatically approved without any comment. (c) No act or omission of the BUYER in reviewing or approving the plans and/or drawings shall, in any way, diminish or impair the obligations and liabilities of the SELLER under the terms of this Contract.

Appears in 4 contracts

Samples: Ship Building Contract (Seaspan CORP), Ship Building Contract (Seaspan CORP), Ship Building Contract (Seaspan CORP)

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Approval of Plans and Drawings. As soon as possible after the Date of Contract the Builder shall put forward a proposed detailed building schedule, including a schedule for testing. The Buyer shall make its comment on the schedule as soon as possible and at the latest within 7 days. The schedules shall be issued by the Builder in writing not later than 30 days after the Date of Contract. (a) The SELLER In accordance with the construction schedule of the Vessel and provisions in the Specifications, the Builder shall submit to the BUYER three (3) Buyer 3 copies of the plans and drawings to be submitted thereto for its approval at its the address as set forth in ARTICLE XVIII Article XVII hereof. For those plans and drawings that have been approved The Builder shall send a notice by telefax (or by such other electronic means as of the parties may agree) to the Buyer giving the date of the Contract by the BUYER despatch of Hull No. YZJ2004-680C and are unaffected by Specifications herein, the SELLER shall submit such plans and drawings to the BUYER within 45 days of date of the Contract. The BUYER shall have ninety (90) days thereafter to submit comments and return one plan or drawing, as the case may be, to the SELLER. For all other plans and drawings, to be approved hereunder, and the BUYER shall, Buyer shall confirm receipt of such plans and drawings. The Buyer shall within twenty-one (21) days 14 Working Days after receipt thereof, return send to the SELLER one (1) Builder 1 copy of such plans and and/or drawings with the BUYERBuyer’s approval or comments (if any) written thereon, if any, within the terms of the Specifications and the Contract. The SELLER must respond to the comments of the BUYER within twenty-one 21 days. Any alterations to the Specifications resulting from such Such comments shall be dealt with in accordance with ARTICLE V, Clause 1. as complete as possible. (b) If any modifications and or changes are made to the plans which have been reviewed or approved by the BUYER, the SELLER shall submit such plans either partially or totally to the BUYER for reapproval in accordance with this Clause. A list of Buyer’s comments on the plans and drawings to be so submitted are unclear or unspecified, the Builder may by fax notice to the BUYER Buyer request a clarification, and failure by the Buyer or its Representative to respond to this request within 3 Working Days of receipt of such notice shall be mutually agreed upon between entitle the parties hereto and Builder to place its own reasonable interpretation on such plans and drawings shall then constitute “Approved Drawings”remarks, comments or amendments when implementing the same. (bc) If the Builder and the Buyer fail to agree whether such comments or remarks are of such a nature or extent as to constitute modification or change under Article VI hereof, the Builder shall nevertheless proceed with the construction based on the Buyer’s comments if so requested by the Buyer. If it is established by mutual agreement or by arbitration as per Article XIX, that the comments, remarks or amendments constitute a modification or change under Article VI, the Builder shall be entitled to an appropriate adjustment of the Contract Price, Delivery Date and/or the characteristics of the Vessel. Article VI clause 1, first paragraph to apply. (d) In the event that the BUYER shall fail Buyer fails to return the plans and drawings to the SELLER by fax or otherwise Builder within the time limit as hereinabove providedspecified in (a) above, the Builder shall by fax to the Buyer request the return of same within 3 days, failing which the Builder shall have the right to consider such plans and drawings shall be deemed to have been automatically as approved without any commentby the Buyer. (ce) No act The Buyer’s approval or omission non approval of drawings shall not affect any of the BUYER in reviewing Builder’s obligations hereunder, including the Builder’s obligation to deliver the Vessel fully approved by the Regulatory Bodies, or approving the plans and/or drawings shall, in any way, diminish or impair the obligations and liabilities of the SELLER Builder’s responsibility under the terms of this ContractArticle X hereof.

Appears in 2 contracts

Samples: Shipbuilding Contract (Petroleum Geo Services Asa), Shipbuilding Contract (Petroleum Geo Services Asa)

Approval of Plans and Drawings. The parties hereto shall, within thirty (a30) The SELLER shall submit days after signing of this Contract, mutually agree a Hat of all the plans and drawings, which are to be sent to the BUYER three for approval (3) copies hereinbelow called “the LIST”). Before arrival of the Supervisor at the SELLER’S Shipyard, the plans and drawings specified in the LIST shall be sent to be submitted thereto for its approval at its address as set forth in ARTICLE XVIII hereof. For those plans the BUYER, and drawings that have been approved as of the date of the Contract by the BUYER of Hull No. YZJ2004-680C and are unaffected by Specifications hereinshall, the SELLER shall submit within ten (10) days after receipt thereof (excluding mailing time), return such plans and drawings to submitted by the SELLER. with approval or remarks, if any. Such approvals and remarks shall he in accordance with the Contract and Specifications. Concurrently with the arrival of the Supervisor at the SELLER’s Shipyard, the BUYER within 45 days of date shall notify the SELLER in writing, stating the authority which the said Supervisor shall have and stating whether the Supervisor can, on behalf of the Contract. The BUYER shall have ninety (90) days thereafter to submit comments and return one plan BUYER, approve or drawingdisapprove, as the case may be, those plans and drawings specified in the LIST which have not yet been sent to the SELLERBUYER. For all other plans and drawings, to Should the Supervisor be approved hereunderso authorised by the BUYER, the BUYER Supervisor shall, within twenty-one five (215) days after receipt thereof, return to the SELLER one (1) copy of such those plans and ands drawings with the BUYER’s its approval or comments written thereonremarks, if any, within the terms of the Specifications and the Contract. The SELLER must respond to the comments of the BUYER within twenty-one 21 days. Any alterations to the Specifications resulting from such comments shall be dealt with in accordance with ARTICLE V, Clause 1. If any modifications and or changes are made to the plans which have been reviewed or approved by the BUYER, the SELLER shall submit such plans either partially or totally to the BUYER for reapproval in accordance with this Clause. A list of the plans and drawings to be so submitted to the BUYER shall be mutually agreed upon between the parties hereto and such plans and drawings shall then constitute “Approved Drawings”. (b) In the event that the BUYER shall fail to return the plans and drawings Unless notification is given to the SELLER by fax the Supervisor or otherwise the BUYER of approval or disapproval of any plans and drawings within the above-designated period of time limit as hereinabove providedfor each case, such the said plans and drawings shall be deemed to have been automatically approved, The plans and drawings approved without any comment. (c) No act or omission of by the BUYER or the Supervisor shall be final, and any alteration thereof shalt be regarded as modification specified in reviewing or approving the plans and/or drawings shall, in any way, diminish or impair the obligations and liabilities of the SELLER under the terms Article 5 of this Contract.

Appears in 2 contracts

Samples: Shipbuilding Contract (Aegean Marine Petroleum Network Inc.), Shipbuilding Contract (Aegean Marine Petroleum Network Inc.)

Approval of Plans and Drawings. (a) The SELLER Seller shall submit to the BUYER three (3) copies Buyer each of the plans and drawings relating to be submitted thereto the VESSEL through electric-drawing-approval-system for its approval at its address as set forth in ARTICLE XVIII hereof. For those plans and drawings that have been approved as of the date of the Contract by the BUYER of Hull No. YZJ2004-680C and are unaffected by Specifications herein, the SELLER shall submit such plans and drawings to the BUYER within 45 days of date of the Contractapproval. The BUYER shall have ninety (90) days thereafter to submit comments and return one plan or drawing, as the case may be, to the SELLER. For all other plans and drawings, to be approved hereunder, the BUYER Buyer shall, within twenty-twenty- one (21) days after receipt thereofdispatch by the electric-drawing-approval-system, return to the SELLER one (1Seller comments sheet(s) copy of for such plans and drawings with the BUYERBuyer’s approval or comments if any written thereon, if any, within the terms of the Specifications and the Contract. The SELLER must respond to the comments of the BUYER within twenty-one 21 days. Any alterations to the Specifications resulting from such comments shall be dealt with in accordance with ARTICLE V, Clause 1. If any modifications and or changes are made to the plans which have been reviewed or approved by the BUYER, the SELLER shall submit such plans either partially or totally to the BUYER for reapproval in accordance with this Clause. A list of the plans and drawings to be so submitted to the BUYER Buyer shall be mutually agreed upon between the parties hereto hereto. (b) When and if the Representative is sent by the Buyer to the Shipyard in accordance with the Paragraph 2 of this Article, then after his arrival at the Shipyard, the Seller may submit the plans and drawings in the agreed list, which have not been submitted to the Buyer, to the Representative for its approval, unless otherwise agreed upon between the parties hereto. The Representative shall, within seven (7) days after receipt thereof, return to the Seller comments sheet(s) for such plans and drawings with his approval or comments if any written thereon. Approval by the Representative of the plans and drawings submitted to him shall then constitute “Approved Drawings”be deemed to be the approval thereof by the Buyer for all purpose of this Contract. (bc) In the event that the BUYER Buyer or the Representative shall fail to return the plans and drawings comments sheet(s) to the SELLER by fax or otherwise Seller within the time limit as hereinabove provided, such plans and drawings shall be deemed to have been automatically approved without any commentcomment by the Buyer. (cd) No act or omission of The plans and drawings approved by the BUYER Buyer shall be final and any alteration thereof shall be regarded as modifications specified in reviewing or approving the plans and/or drawings shall, in any way, diminish or impair the obligations and liabilities of the SELLER under the terms of this ContractArticle V hereof.

Appears in 2 contracts

Samples: Sale and Purchase Agreement, Sale and Purchase Agreement

Approval of Plans and Drawings. (a) The SELLER BUILDER shall submit to the BUYER three two (32) copies each of the plans and drawings to be submitted thereto for its approval at its address as set forth in ARTICLE Article XVIII hereof. For those plans and drawings that have been approved as of the date of the Contract by the BUYER of Hull No. YZJ2004-680C and are unaffected by Specifications herein, the SELLER shall submit such plans and drawings to the BUYER within 45 days of date of the Contract. The BUYER shall have ninety (90) days thereafter to submit comments and return one plan or drawing, as the case may be, to the SELLER. For all other plans and drawings, to be approved hereunder, the BUYER shall, within twentythree (3) weeks after the date of receipt before keel-one laying of the VESSEL and within two (212) days weeks after the date of receipt thereof, return to after keel-laying of the SELLER one (1) copy VESSEL inform the BUILDER of such plans and drawings with the BUYER’s approval or comments written thereonapproval with comments, if any, within the terms of the Specifications and the Contract. The SELLER must respond to the comments of the BUYER within twenty-one 21 days. Any alterations to the Specifications resulting from such comments shall be dealt with in accordance with ARTICLE V, Clause 1. If any modifications and or changes are made to the plans which have been reviewed or approved by the BUYER, the SELLER shall submit such plans either partially or totally to the BUYER for reapproval in accordance with this Clause. A list of the plans and drawings to be so submitted to the BUYER shall be mutually subject to BUILDER’s standard. (b) When and if the Representative (as defined hereinafter) shall have been sent by the BUYER to the SHIPYARD in accordance with Paragraph 2 of this Article, the BUILDER may, at the BUYER’s consent, submit the remainder, if any, of the plans and drawings in the list, to the Representative for his approval, unless otherwise agreed upon between the parties hereto and such hereto. The Representative shall, within two (2) weeks after receipt thereof, inform the BUILDER of his approval or approval with comments, if any. Approval by the Representative of the plans and drawings duly submitted to him shall then constitute “Approved Drawings”be deemed to be the approval by the BUYER for all purpose of this Contract. (bc) In the event that the BUYER or the Representative shall fail to return inform the plans and drawings to BUILDER of the SELLER by fax BUYER’s approval or otherwise approval with comments if any within the time limit as hereinabove providedspecified, such plans and drawings shall be deemed to have been automatically approved without any comment. (c) No act or omission of . The plans and drawings so approved by the BUYER or the Representative shall be final and any alteration thereof shall be regarded as modifications specified in reviewing or approving the plans and/or drawings shall, in any way, diminish or impair the obligations and liabilities of the SELLER under the terms of this ContractArticle V hereof.

Appears in 2 contracts

Samples: Shipbuilding Contract (Scorpio Bulkers Inc.), Shipbuilding Contract (Scorpio Bulkers Inc.)

Approval of Plans and Drawings. (a) The SELLER BUILDER shall obtain the approval from the BUYER for the plans and drawings in accordance with the Specifications. The BUILDER shall submit to the BUYER three Three (3) copies of the plans and drawings to be submitted thereto for its approval at its address as set forth in ARTICLE XVIII hereof. For those plans and drawings that have been approved as each of the date of the Contract by the BUYER of Hull No. YZJ2004-680C and are unaffected by Specifications herein, the SELLER shall submit such plans and drawings to the BUYER within 45 days of date of the Contract. The BUYER shall have ninety (90) days thereafter to submit comments and return one plan or drawing, as the case may be, to the SELLER. For all other plans and drawings, to the list of which shall be approved hereundermutually agreed upon between the parties hereto, the for its approval. The BUYER shall, within twentyTwenty-one two (2122) calendar days after receipt thereof, return to the SELLER one BUILDER One (1) copy of such plans and drawings with the BUYER’s ’S approval or comments (if any) written thereon, if any, within the terms of the Specifications and the Contract. The SELLER must respond to the comments of the BUYER within twenty-one 21 days. Any alterations to the Specifications resulting from such comments shall be dealt with in accordance with ARTICLE V, Clause 1. If any modifications and or changes are made to the plans which have been reviewed or approved by the BUYER, the SELLER shall submit such plans either partially or totally to the BUYER for reapproval in accordance with this Clause. A list of the plans and drawings to be so submitted to the BUYER shall be mutually agreed upon between the parties hereto and such plans and drawings shall then constitute “Approved Drawings”. (b) In the event that the BUYER shall fail to return the plans and drawings to the SELLER by fax or otherwise BUILDER within the time limit as hereinabove above provided, the BUILDER shall deem that such plans and drawings shall be deemed to have been automatically approved or confirmed without any comment. comment In the event the Classification Society or any Regulatory Body advises the BUILDER that it has written comments to the plans and drawings or wishes to modify the plans and drawings, the BUILDER shall notify the BUYER of such developments and within two (c2) No act or omission working days of receipt of such developments, provide the BUYER with copies of the comments or requested modifications. The BUYER shall within five (5) working days after receipt notify the BUILDER whether it accepts such comments or modifications. If any comments are made or modifications requested by the Classification Society or by another Regulatory Body, the BUILDER will make suitable amendments and resubmit these to the BUYER for approval. Approval or non approval of a plan or drawing by the BUYER shall in reviewing or approving the plans and/or drawings shallno way diminish, in any way, diminish affect or impair the obligations and liabilities obligation, guarantee or undertaking of the SELLER under BUILDER as regards the design and construction of the VESSEL and to deliver the same in accordance with the terms of this Contracthereof.

Appears in 2 contracts

Samples: Shipbuilding and Construction Agreement (Stolt Nielsen S A), Shipbuilding and Construction Agreement (Stolt Nielsen S A)

Approval of Plans and Drawings. (a) The SELLER BUILDER shall submit to the BUYER three (3) copies in PDF format of the plans and drawings to be submitted thereto in accordance with the Specifications for its approval at its address as set forth in ARTICLE XVIII hereof. For those plans and drawings that have been approved as of the date of the Contract by the BUYER of Hull No. YZJ2004-680C and are unaffected by Specifications herein, the SELLER shall submit such plans and drawings to the BUYER within 45 days of date of the Contractapproval. The BUYER shall have ninety (90) days thereafter to submit comments and return one plan or drawing, as after the case may be, to the SELLER. For all other plans and drawings, to be approved hereunder, the BUYER shalldate of receipt, within twenty-one three (213) days weeks before the keel laying of the VESSEL and within two (2) weeks after receipt thereof, return to the SELLER one (1) copy keel laying of such plans and drawings with the VESSEL inform the BUILDER of the BUYER’s 's approval or approval with comments written thereon, if any, within as described in the terms of the Specifications and the Contract. The SELLER must respond to the comments of the BUYER within twenty-one 21 days. Any alterations to the Specifications resulting from such comments shall be dealt with in accordance with ARTICLE V, Clause 1. If any modifications and or changes are made to the plans which have been reviewed or approved by the BUYER, the SELLER shall submit such plans either partially or totally to the BUYER for reapproval in accordance with this ClauseSpecifications. A list of the plans and drawings to be so submitted to the BUYER for its approval shall be mutually agreed upon between the parties hereto and such plans and drawings shall then constitute “Approved Drawings”hereto. (b) When and if the Representative (as defined hereinafter) shall have been sent by the BUYER to the SHIPYARD in accordance with Paragraph 2 of this Article, the BUILDER may, at the BUYER's written consent, submit the remainder, if any, of the plans and drawings in the list, to the Representative for his approval, The Representative shall, within two (2) weeks after receipt thereof, inform the BUILDER of the BUYER's approval or approval with comments, if any. Approval by the Representative of the plans and drawings duly submitted to him at the BUYER’s consent shall be deemed to be the approval by the BUYER for all purpose of this Contract. (c) In the event that the BUYER or the Representative shall fail to return inform the plans and drawings to BUILDER of the SELLER by fax BUYER’s approval or otherwise approval with comments if any within the time limit as hereinabove providedspecified, such plans and drawings shall be deemed to have been automatically approved without any comment. (c) No act or omission of . The plans and drawings so approved by the BUYER or the Representative shall be final and any alteration thereof shall be regarded as modifications specified in reviewing or approving the plans and/or drawings shall, in any way, diminish or impair the obligations and liabilities of the SELLER under the terms of this ContractArticle V hereof.

Appears in 2 contracts

Samples: Shipbuilding Contract (Globus Maritime LTD), Shipbuilding Contract (Globus Maritime LTD)

Approval of Plans and Drawings. (a) The SELLER BUILDER shall submit to the BUYER three four (34) copies each of the plans and drawings to be submitted thereto for its approval at its address as set forth in ARTICLE Article XVIII hereof. For those plans and drawings that have been approved as of The BUYER shall, within three (3) weeks after the date of receipt before keel-laying of the Contract VESSEL, and/or within two (2) weeks after the date of receipt after keel-laying of the VESSEL, return by courier service to the BUYER BUILDER two (2) copies of Hull No. YZJ2004-680C and are unaffected by Specifications herein, the SELLER shall submit such plans and drawings including one (1) copy to be transferred to the REPRESENTATIVE (as defined hereinafter) with the BUYER’s approval or qualified approval with comments written thereon, if any. The BUILDER shall give reply regarding BUYER’s comments within two (2) weeks from the date of receipt. If the BUILDER fails to reply, the BUYER’s approval comments shall be deemed accepted by the BUILDER. In case the said plans and drawings shall not be returned to the BUILDER from the BUYER within 45 days of date the time limit as hereinabove provided, the BUILDER shall give the BUYER notice by telefax and the BUYER shall acknowledge and inform the BUILDER of the Contract. The BUYER status of approval and if such plans and drawings are not returned to the BUILDER within further five (5) days after the BUILDER’s telefax, such plans and drawings shall be deemed to have been automatically approved without comments unless otherwise agreed. (b) When and if the REPRESENTATIVE (as defined hereinafter) shall have ninety (90) days thereafter been sent by the BUYER to the SHIPYARD in accordance with Paragraph 2 of this Article, the BUILDER may, however at the BUYER’s express written consent only, submit comments the remainder, if any, of the plans and return one plan or drawing, as drawings in the case may beagreed list, to the SELLERREPRESENTATIVE for his approval. For all other plans and drawings, to be approved hereunder, the BUYER The REPRESENTATIVE shall, within twenty-one two (212) days weeks after receipt thereof, return to the SELLER BUILDER one (1) copy of such plans and drawings with the BUYER’s his approval or qualified approval with comments written thereon, if any, within the terms of the Specifications and the Contract. The SELLER must respond to the comments of the BUYER within twenty-one 21 days. Any alterations to the Specifications resulting from such comments shall be dealt with in accordance with ARTICLE V, Clause 1. If any modifications and or changes are made to the plans which have been reviewed or approved Approval by the BUYER, the SELLER shall submit such plans either partially or totally to the BUYER for reapproval in accordance with this Clause. A list REPRESENTATIVE of the plans and drawings duly submitted to him shall be deemed to be so submitted to the approval by the BUYER shall be mutually agreed upon between the parties hereto and such plans and drawings shall then constitute “Approved Drawings”for all purposes of this Contract. (bc) In the event that the BUYER or the REPRESENTATIVE shall fail to return the plans and drawings to the SELLER by fax or otherwise BUILDER within the time limit as hereinabove providedspecified, such plans and drawings shall be deemed to have been automatically approved without any comment. The approval of plans and drawings by the BUILDER shall not alter or diminish the responsibility of the BUILDER to design and construct the VESSEL in accordance with the Contract, the Specifications and Plans. (cd) No act or omission of All documents, drawings, calculations, instruction manuals, etc. which are submitted to the BUYER BUYER, shall be in reviewing or approving the plans and/or drawings shall, in any way, diminish or impair the obligations and liabilities of the SELLER under the terms of this ContractEnglish only.

Appears in 1 contract

Samples: Shipbuilding Contract (Safe Bulkers, Inc.)

Approval of Plans and Drawings. The parties hereto shall, within thirty (a30) The SELLER shall submit days after signing of this Contract, mutually agree a list of all the plans and drawings, which are to be sent to the BUYER three for approval (3) copies hereinbelow called “the LIST”). Before arrival of the Supervisor at the BUILDER’s Shipyard, the plans and drawings specified in the LIST shall be sent to be submitted thereto for its approval at its address as set forth in ARTICLE XVIII hereof. For those plans the BUYER, and drawings that have been approved as of the date of the Contract by the BUYER of Hull No. YZJ2004-680C and are unaffected by Specifications hereinshall, the SELLER shall submit within ten (10) days after receipt thereof (excluding mailing time), return such plans and drawings to submitted by the SELLER with approval or remarks, if any. Such approval and remarks shall be in accordance with the Contract and the Specifications. Concurrently with the arrival of the Supervisor at the BUILDER’s Shipyard, the BUYER within 45 days of date shall notify the BUILDER in writing, stating the authority which the said Supervisor shall have and stating whether the Supervisor can, on behalf of the Contract. The BUYER shall have ninety (90) days thereafter to submit comments and return one plan BUYER, approve or drawingdisapprove, as the case may be, those plans and drawings specified in the LIST which have not yet been sent to the SELLERBUYER. For all other plans and drawings, to Should the Supervisor be approved hereunderso authorised by the BUYER, the BUYER Supervisor shall, within twenty-one five (215) days after receipt thereof, return to the SELLER one (1) copy of such those plans and drawings with the BUYER’s approval or comments written thereonremarks, if any, within the terms of the Specifications and the Contract. The SELLER must respond Unless notification is given to the comments of BUILDER by the Supervisor or the BUYER within twenty-one 21 days. Any alterations to the Specifications resulting from such comments shall be dealt with in accordance with ARTICLE V, Clause 1. If of approval or disapproval of any modifications and or changes are made to the plans which have been reviewed or approved by the BUYER, the SELLER shall submit such plans either partially or totally to the BUYER for reapproval in accordance with this Clause. A list of the plans and drawings to be so submitted to the BUYER shall be mutually agreed upon between the parties hereto and such plans and drawings shall then constitute “Approved Drawings”. (b) In the event that the BUYER shall fail to return the plans and drawings to the SELLER by fax or otherwise within the above-designated period of time limit as hereinabove providedfor each case, such the said plans and drawings shall be deemed to have been automatically approved. The plans and drawings approved without any comment. (c) No act or omission of by the BUYER or the Supervisor shall be final, and any alteration thereof shall be regarded as modification specified in reviewing or approving the plans and/or drawings shall, in any way, diminish or impair the obligations and liabilities of the SELLER under the terms Article 5 of this Contract.

Appears in 1 contract

Samples: Shipbuilding Contract (Aegean Marine Petroleum Network Inc.)

Approval of Plans and Drawings. (a) The SELLER shall submit to the BUYER three (3) BUYER, by e-mail, copies of each of the plans and drawings to be submitted thereto for its approval at its address as set forth in ARTICLE Article XVIII hereof. For those plans and drawings that have been approved as of the date of the Contract by the BUYER of Hull No. YZJ2004-680C and are unaffected by Specifications herein, the SELLER shall submit such plans and drawings to the BUYER within 45 days of date of the Contract. The BUYER shall have ninety (90) days thereafter to submit comments and return one plan or drawing, as the case may be, to the SELLER. For all other plans and drawings, to be approved hereunder, the BUYER shall, within twenty-one five (215) days after receipt thereof, return to the SELLER SELLER, by e-mail, one (1) copy of such plans and drawings with the BUYER’s ’ s approval or comments written thereon, if any, within the terms of the Specifications and the Contract. The SELLER must respond to the comments of the BUYER within twenty-one 21 days. Any alterations to the Specifications resulting from such comments shall be dealt with in accordance with ARTICLE V, Clause 1. If any modifications and or changes are made to the plans which have been reviewed or approved by the BUYER, the SELLER shall submit such plans either partially or totally to the BUYER for reapproval in accordance with this Clause. A list of the plans and drawings to be so submitted to the BUYER shall be mutually agreed upon between the parties hereto hereto. The Buyer’s comments shall not conflict with Class rules and regulations and or with the Specification. The SELLER is entitled to refuse any amendment which will, in the judgment of the SELLER, cause unreasonable delay or disturbance to the SELLER’S construction schedule and/or planning or programme. (b) When and if the Representative (as hereinafter defined) shall have been sent by the BUYER to the Shipyard in accordance with Paragraph 2 of this Article, the SELLER may submit the remainder, if any, of the plans and drawings in the agreed list, to the Representative for his approval, unless otherwise agreed upon between the parties hereto. The Representative shall return to the SELLER one (1) copy of such plans and drawings with his approval or comments written thereon, if any, in the manner it would not cause any delay to the building schedule (max 5 days). Approval by the Representative of the plans and drawings duly submitted to him shall then constitute “Approved Drawings”be deemed to be the approval of the BUYER for all purposes of this Contract. (bc) In the event that the BUYER or its Representative shall fail to return the plans and drawings to the SELLER by fax or otherwise within the time limit as hereinabove provided, such plans and drawings shall be deemed to have been automatically approved without any comment. (cd) No act or omission of Approval by the BUYER in reviewing or approving and/or its representative of plans and drawings submitted by the plans and/or drawings shall, in any way, diminish or impair the SELLER shall not affect SELLER’S obligations and liabilities of the SELLER BUYER’s rights under the terms of this Contract.

Appears in 1 contract

Samples: Shipbuilding Contract (Aegean Marine Petroleum Network Inc.)

Approval of Plans and Drawings. (a) The SELLER shall submit to the BUYER three (3) copies of the plans and drawings to be submitted thereto for its approval at its address as set forth in ARTICLE XVIII hereof. For those plans and drawings that have been approved as of the date of the Contract by the BUYER of Hull No. YZJ2004-680C and are unaffected by Specifications herein, the SELLER shall submit such plans and drawings to the BUYER within 45 days of date of the Contract. The BUYER shall have ninety (90) days thereafter to submit comments and return one plan or drawing, as the case may be, to the SELLER. For all other plans and drawings, to be approved hereunder, the BUYER shall, within twenty-one Thirty (2130) days after receipt thereofthe effectiveness of this Contract, return to provide the SELLER one (1) copy of such plans and drawings with the BUYER’s approval or comments written thereon, if any, within the terms of the Specifications and the Contract. The SELLER must respond to the comments of the BUYER within twenty-one 21 days. Any alterations to the Specifications resulting from such comments shall be dealt with in accordance with ARTICLE V, Clause 1. If any modifications and or changes are made to the plans which have been reviewed or approved by the BUYER, the SELLER shall submit such plans either partially or totally to the BUYER for reapproval in accordance with this Clause. A list of the plans and drawings to be so submitted which are agreed between the SELLER and Hull No.YZJ2013-1088 Buyer to the BUYER shall be mutually for reference (hereinbelow called "the LIST"). It is expressly agreed upon between the parties hereto that, notwithstanding anything contained herein or herein-below to the contrary: (a) No drawings and/or plans shall be required to be submitted by the SELLER to the BUYER for approval provided that the drawings and/or plans used by and such applicable to the Hull No.YZJ2013-1088 vessel are or have been approved by the Hull No.YZJ2013-1088 Buyer and the Classification Society. However, the SELLER shall provide the BUYER with one copy of the drawing in electronic version (PDF) duly approved by the Classification Society (with the comments, if any). The SELLER will provide one set of hard and electronic copy (PDF) of drawing and/or plans and drawings shall then constitute “Approved Drawings”.in clean version to the BUYER’s site office (b) In the event that the BUYER shall fail to return the plans No model test and drawings to the SELLER by fax or otherwise within the time limit as hereinabove provided, such plans and drawings inclining test shall be deemed required for the VESSEL. The sea trial and mooring test shall be required to have been automatically approved without any commentbe performed as the subsequent vessel of the Hull No.YZJ2013-1088 Vessel. (c) No act or omission of modification to the BUYER in reviewing or approving the construction and/or plans and/or drawings shall be required or demanded by the BUYER during the construction period of the VESSEL. Shipbuilding Contract For Construction of One 82,000 DWT Bulk Carrier (Hull No.YZJ2013-1145) (d) If there is any modification to the construction and/or plans and/or drawings and/or Specifications as required by the Hull No.YZJ2013-1088 Buyer and there is any adjustment of any terms of the Contract for the Hull No.YZJ2013-1088 vessel, such adjustment/modification which will not affect the Contract Price, Delivery Date and the VESSEL’s performance, shall be correspondingly and automatically applied to the VESSEL In the event that there is any modification required by the Hull No.YZJ2013-1088 Buyer involves extra cost, the BUYER shall have the option to decide whether to apply the modification or not. The BUYER shall, in any way, diminish or impair the obligations and liabilities within three (3) days after receipt of the SELLER under SELLER’s notice of such above modification, reply the terms BUYER’s final decision on application or not. If the BUYER fails to reply the BUYER’s final decision on application or not within three (3) days as above, such modification will be deemed to be automatically rejected by the BUYER. (e) The BUYER undertakes to maintain sufficient number of this Contractthe supervisors at the BUILDER’s yard throughout the period of construction of the VESSEL so as to meet the SELLER’s requirements for inspection, survey and attending tests and/or trials, regardless whether such required inspection, survey and attending tests and/or trials will occur during the daytime or in the evening, during the weekend (Saturday and Sunday) or any public holiday.

Appears in 1 contract

Samples: Shipbuilding Contract (Paragon Shipping Inc.)

Approval of Plans and Drawings. (a) The SELLER shall submit to and the BUYER three (3) copies of agree that the Supervisor has authority to approve the plans and drawings to be submitted thereto for its approval at its address as set forth in ARTICLE XVIII hereof. For those plans and drawings that have been approved as on behalf of the date of the Contract by the BUYER of Hull NoBUYER. YZJ2004-680C and are unaffected by Specifications hereinPrior to starting work, the SELLER shall submit such plans and drawings to the BUYER within 45 days Supervisor and/or the Classification Society for approval in due time of date of the Contractdesign and construction schedules. The BUYER list of plans and drawings for approval shall have ninety (90) days thereafter to submit comments and return one plan or drawing, as the case may be, be submitted to the SELLERSupervisors in early stage of designing. For all other Two (2) copies of plans and drawings, to drawings for the Supervisor’s approval shall be approved hereunder, the BUYER shall, within twenty-one (21) days after receipt thereof, return submitted to the SELLER Supervisors not less than 30 running days before any construction work is commenced and one (1) copy of such with the Supervisor’s approved signature shall be returned to the SELLER. The SELLER’s standard plans and drawings with the BUYERand subcontractor’s approval or comments written thereon, if any, within the terms of the Specifications and the Contract. The SELLER must respond to the comments of the BUYER within twenty-one 21 days. Any alterations to the Specifications resulting from such comments shall be dealt with in accordance with ARTICLE V, Clause 1. If any modifications and or changes are made to the plans which have been reviewed or approved by the BUYER, the SELLER shall submit such plans either partially or totally to the BUYER for reapproval in accordance with this Clause. A list of the manufacturer’s plans and drawings to may be so submitted to the BUYER shall be mutually agreed upon between the parties hereto and such used as working plans or plans for approval. Upon receipt of plans and drawings for approval the Supervisors shall then constitute “Approved Drawings”. re-submit the plans with comments in writing to the Builder within fourteen (b14) In calendar days counting from date of receipt by the event that the BUYER shall fail to return the Supervisor. The plans and drawings to the SELLER by fax or otherwise within the time limit as hereinabove provided, such plans and drawings submitted for approval shall be deemed to have been automatically approved without any comment. comment if and when the Supervisors does not dispatch the approved plans and drawings within fourteen (c14) No act or omission calendar days counting from the date of receipt by the Supervisors unless the Supervisors on behalf of the BUYER has requested in reviewing or approving writing an ex-tension of the deadline to submit his comments and in such instance the Supervisors shall have a further seven (7) days from the date of such request to submit his comments. If the Supervisor’s comments on the plans and/or and drawings shallare unclear or unspecified, the SELLER may, by e-mail or fax, request clarification, and failure by the Supervisors or their representative to respond to this request within five (5) calendar days of receipt of such notice shall entitle the SELLER to place its own reasonable interpretation on such remarks, comments, amendments when implementing same. If any comments are made or modifications requested by the Classification Society or by another regulatory agency or entity the Supervisors and the SELLER will consult, and agreement as to how to modify the plans and drawings shall be reached in accordance with the terms of Article V of this Contract. The plans and drawings approved by the Supervisor shall be final and any wayalteration thereof shall be regarded as a modification specified in Article V of this Contract The Supervisors shall have the right to take photographs of the Vessel, diminish its materials, equipment and components for recording purposes throughout the construction period of the Vessel. the Supervisor’s approval of the plans as set out above shall in no way diminish, affect or impair the obligations and liabilities obligations, guarantees or undertakings of the SELLER in relation to the design, materials and construction of the Vessel or otherwise in any way whatsoever under the terms of this Shipbuilding Contract.

Appears in 1 contract

Samples: Shipbuilding Contract (Scorpio Bulkers Inc.)

Approval of Plans and Drawings. (a) The SELLER shall submit to the BUYER three (3) copies of the plans and drawings to be submitted thereto for its approval at its address as set forth in ARTICLE XVIII hereof. For those plans and drawings that have been approved as of the date of the Contract by the BUYER of Hull No. YZJ2004-680C and are unaffected by Specifications herein, the SELLER shall submit such plans and drawings to the BUYER within 45 days of date of the Contract. The BUYER shall have ninety (90) days thereafter to submit comments and return one plan or drawing, as the case may be, to the SELLER. For all other plans and drawings, to be approved hereunder, the BUYER shall, within twenty-one Thirty (2130) days after receipt thereofthe effectiveness of this Contract, return to provide the SELLER one (1) copy of such plans and drawings with the BUYER’s approval or comments written thereon, if any, within the terms of the Specifications and the Contract. The SELLER must respond to the comments of the BUYER within twenty-one 21 days. Any alterations to the Specifications resulting from such comments shall be dealt with in accordance with ARTICLE V, Clause 1. If any modifications and or changes are made to the plans which have been reviewed or approved by the BUYER, the SELLER shall submit such plans either partially or totally to the BUYER for reapproval in accordance with this Clause. A list of the plans and drawings to be so submitted which are agreed between the SELLER and Hull No.YZJ2013-1088 Buyer to the BUYER shall be mutually for reference (hereinbelow called "the LIST"). It is expressly agreed upon between the parties hereto that, notwithstanding anything contained herein or herein-below to the contrary: (a) No drawings and/or plans shall be required to be submitted by the SELLER to the BUYER for approval provided that the drawings and/or plans used by and such applicable to the Hull No.YZJ2013-1088 vessel are or have been approved by the Hull No.YZJ2013-1088 Buyer and the Classification Society. However, the SELLER shall provide the BUYER with one copy of the drawing in electronic version (PDF) duly approved by the Classification Society (with the comments, if any). The SELLER will provide one set of hard and electronic copy (PDF) of drawing and/or plans and drawings shall then constitute “Approved Drawings”.in clean version to the BUYER’s site office (b) In the event that the BUYER shall fail to return the plans No model test and drawings to the SELLER by fax or otherwise within the time limit as hereinabove provided, such plans and drawings inclining test shall be deemed required for the VESSEL. The sea trial and mooring test shall be required to have been automatically approved without any commentbe performed as the subsequent vessel of the Hull No.YZJ2013-1088 Vessel. (c) No act or omission of modification to the BUYER in reviewing or approving the construction and/or plans and/or drawings shall be required or demanded by the BUYER during the construction period of the VESSEL. Shipbuilding Contract For Construction of One 82,000 DWT Bulk Carrier (Hull No.YZJ2013-1144) (d) If there is any modification to the construction and/or plans and/or drawings and/or Specifications as required by the Hull No.YZJ2013-1088 Buyer and there is any adjustment of any terms of the Contract for the Hull No.YZJ2013-1088 vessel, such adjustment/modification which will not affect the Contract Price, Delivery Date and the VESSEL’s performance, shall be correspondingly and automatically applied to the VESSEL In the event that there is any modification required by the Hull No.YZJ2013-1088 Buyer involves extra cost, the BUYER shall have the option to decide whether to apply the modification or not. The BUYER shall, in any way, diminish or impair the obligations and liabilities within three (3) days after receipt of the SELLER under SELLER’s notice of such above modification, reply the terms BUYER’s final decision on application or not. If the BUYER fails to reply the BUYER’s final decision on application or not within three (3) days as above, such modification will be deemed to be automatically rejected by the BUYER. (e) The BUYER undertakes to maintain sufficient number of this Contractthe supervisors at the BUILDER’s yard throughout the period of construction of the VESSEL so as to meet the SELLER’s requirements for inspection, survey and attending tests and/or trials, regardless whether such required inspection, survey and attending tests and/or trials will occur during the daytime or in the evening, during the weekend (Saturday and Sunday) or any public holiday.

Appears in 1 contract

Samples: Shipbuilding Contract (Paragon Shipping Inc.)

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Approval of Plans and Drawings. As soon as possible after the Date of Contract the Builder shall put forward a proposed detailed building schedule, including a schedule for testing. The Buyer shall make its comment on the schedule as soon as possible and at the latest within 7 days. The schedules shall be issued by the Builder in writing not later than 30 days after the Date of Contract. (a) The SELLER In accordance with the construction schedule of the Vessel and provisions in the Specifications, the Builder shall submit electronically to the BUYER three (3) copies of Buyer the plans and drawings to be submitted thereto for its approval at its the address as set forth in ARTICLE XVIII Article XVII hereof. For those plans and drawings that have been approved The Builder shall send a notice by telefax (or by such other electronic means as of the parties may agree) to the Buyer giving the date of the Contract by the BUYER despatch of Hull No. YZJ2004-680C and are unaffected by Specifications herein, the SELLER shall submit such plans and drawings to the BUYER within 45 days of date of the Contract. The BUYER shall have ninety (90) days thereafter to submit comments and return one plan or drawing, as the case may be, to the SELLER. For all other plans and drawings, to be approved hereunder, and the BUYER shall, Buyer shall confirm receipt of such plans and drawings. The Buyer shall within twenty-one (21) days 14 Working Days after receipt thereof, return send to the SELLER one (1) Builder 1 copy of such plans and and/or drawings with the BUYER’s Buyer's approval or comments (if any) written thereon, if any, within the terms of the Specifications and the Contract. The SELLER must respond to the comments of the BUYER within twenty-one 21 days. Any alterations to the Specifications resulting from such Such comments shall be dealt with in accordance with ARTICLE V, Clause 1. as complete as possible. (b) If any modifications and or changes are made to the plans which have been reviewed or approved by the BUYER, the SELLER shall submit such plans either partially or totally to the BUYER for reapproval in accordance with this Clause. A list of Buyer's comments on the plans and drawings to be so submitted are unclear or unspecified, the Builder may by fax notice to the BUYER Buyer request a clarification, and failure by the Buyer or its Representative to respond to this request within 3 Working Days of receipt of such notice shall be mutually agreed upon between entitle the parties hereto and Builder to place its own reasonable interpretation on such plans and drawings shall then constitute “Approved Drawings”remarks, comments or amendments when implementing the same. (bc) If the Builder and the Buyer fail to agree whether such comments or remarks are of such a nature or extent as to constitute modification or change under Article VI hereof, the Builder shall nevertheless proceed with the construction based on the Buyer's comments if so requested by the Buyer. If it is established by mutual agreement or by arbitration as per Article XIX, that the comments, remarks or amendments constitute a modification or change under Article VI, the Builder shall be entitled to an appropriate adjustment of the Contract Price, Delivery Date and/or the characteristics of the Vessel. Article VI clause 1, first paragraph to apply. (d) In the event that the BUYER shall fail Buyer fails to return the plans and drawings to the SELLER by fax or otherwise Builder within the time limit as hereinabove providedspecified in (a) above, the Builder shall by fax to the Buyer request the return of same within 3 days, failing which the Builder shall have the right to consider such plans and drawings shall be deemed to have been automatically as approved without any commentby the Buyer. (ce) No act The Buyer's approval or omission non approval of drawings shall not affect any of the BUYER in reviewing Builder's obligations hereunder, including the Builder's obligation to deliver the Vessel fully approved by the Regulatory Bodies, or approving the plans and/or drawings shall, in any way, diminish or impair the obligations and liabilities of the SELLER Builder's responsibility under the terms of this ContractArticle X hereof.

Appears in 1 contract

Samples: Shipbuilding Contract (Trico Marine Services Inc)

Approval of Plans and Drawings. The parties hereto shall, within thirty (a30) The SELLER shall submit days after signing of this Contract, mutually agree a list of all the plans and drawings, which are to be sent to the BUYER three for approval (3) copies hereinbelow called “the LIST”), Before arrival of the Supervisor at the BUILDER’s Shipyard, the plans and drawings specified in the LIST shall be sent to be submitted thereto for its approval at its address as set forth in ARTICLE XVIII hereof. For those plans the BUYER, and drawings that have been approved as of the date of the Contract by the BUYER of Hull No. YZJ2004-680C and are unaffected by Specifications hereinshall, the SELLER shall submit within ten (10) days after receipt thereof (excluding mailing time), return such plans and drawings to submitted by the SELLER with approval or remarks, if any. Concurrently with the arrival of the Supervisor at the BUILDER’s Shipyard, the BUYER within 45 days of date shall notify the BUILDER in writing, stating the authority which the said Supervisor shall have and stating whether the Supervisor can, on behalf of the Contract. The BUYER shall have ninety (90) days thereafter to submit comments and return one plan BUYER, approve or drawingdisapprove, as the case may be, those plans and drawings specified in the LIST which have not yet been sent to the SELLERBUYER. For all other plans and drawings, to Should the Supervisor be approved hereunderso authorised by the BUYER, the BUYER Supervisor shall, within twenty-one ten (2110) days after receipt thereof, return to the SELLER one (1) copy of such those plans and drawings with the BUYER’s approval or comments written thereonremarks, if any, within the terms of the Specifications and the Contract. The SELLER must respond Unless notification is given to the comments of BUILDER by the Supervisor or the BUYER within twenty-one 21 days. Any alterations to the Specifications resulting from such comments shall be dealt with in accordance with ARTICLE V, Clause 1. If of approval or disapproval of any modifications and or changes are made to the plans which have been reviewed or approved by the BUYER, the SELLER shall submit such plans either partially or totally to the BUYER for reapproval in accordance with this Clause. A list of the plans and drawings to be so submitted to the BUYER shall be mutually agreed upon between the parties hereto and such plans and drawings shall then constitute “Approved Drawings”. (b) In the event that the BUYER shall fail to return the plans and drawings to the SELLER by fax or otherwise within the above-designated period of time limit as hereinabove providedfor each case, such the said plans and drawings shall be deemed to have been automatically approved. The plans and drawings approved without any comment. (c) No act or omission of by the BUYER or the Supervisor shall be final, and any alteration thereof shall be regarded as modification specified in reviewing or approving the plans and/or drawings shall, in any way, diminish or impair the obligations and liabilities of the SELLER under the terms Article 5 of this Contract.

Appears in 1 contract

Samples: Shipbuilding Contract (Aegean Marine Petroleum Network Inc.)

Approval of Plans and Drawings. (a) The SELLER shall submit to the BUYER three (3) copies of the plans and drawings to be submitted thereto for its approval at its address as set forth in ARTICLE XVIII hereof. For those plans and drawings that have been approved as of the date of the Contract by the BUYER of Hull No. YZJ2004-680C and are unaffected by Specifications herein, the SELLER shall submit such plans and drawings to the BUYER within 45 days of date of the Contract. The BUYER shall have ninety (90) days thereafter to submit comments and return one plan or drawing, as the case may be, to the SELLER. For all other plans and drawings, to be approved hereunder, the BUYER shall, within twenty-one Thirty (2130) days after receipt thereofthe effectiveness of this Contract, return to provide the SELLER one (1) copy of such plans and drawings with the BUYER’s approval or comments written thereon, if any, within the terms of the Specifications and the Contract. The SELLER must respond to the comments of the BUYER within twenty-one 21 days. Any alterations to the Specifications resulting from such comments shall be dealt with in accordance with ARTICLE V, Clause 1. If any modifications and or changes are made to the plans which have been reviewed or approved by the BUYER, the SELLER shall submit such plans either partially or totally to the BUYER for reapproval in accordance with this Clause. A list of the plans and drawings to be so submitted which are agreed between the SELLER and Hull No.YZJ2013-1088 Buyer to the BUYER shall be mutually for reference (hereinbelow called "the LIST"). It is expressly agreed upon between the parties hereto that, notwithstanding anything contained herein or herein-below to the contrary: (a) No drawings and/or plans shall be required to be submitted by the SELLER to the BUYER for approval provided that the drawings and/or plans used by and such applicable to the Hull No.YZJ2013-1088 vessel are or have been approved by the Hull No.YZJ2013-1088 Buyer and the Classification Society. However, the SELLER shall provide the BUYER with one copy of the drawing in electronic version (PDF) duly approved by the Classification Society (with the comments, if any). The SELLER will provide one set of hard and electronic copy (PDF) of drawing and/or plans and drawings shall then constitute “Approved Drawings”.in clean version to the BUYER’s site office (b) In the event that the BUYER shall fail to return the plans No model test and drawings to the SELLER by fax or otherwise within the time limit as hereinabove provided, such plans and drawings inclining test shall be deemed required for the VESSEL. The sea trial and mooring test shall be required to have been automatically approved without any commentbe performed as the subsequent vessel of the Hull No.YZJ2013-1088 Vessel. (c) No act or omission of modification to the BUYER in reviewing or approving the construction and/or plans and/or drawings shall be required or demanded by the BUYER during the construction period of the VESSEL. Shipbuilding Contract For Construction of One 82,000 DWT Bulk Carrier (Hull No.YZJ2013-1142) (d) If there is any modification to the construction and/or plans and/or drawings and/or Specifications as required by the Hull No.YZJ2013-1088 Buyer and there is any adjustment of any terms of the Contract for the Hull No.YZJ2013-1088 vessel, such adjustment/modification which will not affect the Contract Price, Delivery Date and the VESSEL’s performance, shall be correspondingly and automatically applied to the VESSEL In the event that there is any modification required by the Hull No.YZJ2013-1088 Buyer involves extra cost, the BUYER shall have the option to decide whether to apply the modification or not. The BUYER shall, in any way, diminish or impair the obligations and liabilities within three (3) days after receipt of the SELLER under SELLER’s notice of such above modification, reply the terms BUYER’s final decision on application or not. If the BUYER fails to reply the BUYER’s final decision on application or not within three (3) days as above, such modification will be deemed to be automatically rejected by the BUYER. (e) The BUYER undertakes to maintain sufficient number of this Contractthe supervisors at the BUILDER’s yard throughout the period of construction of the VESSEL so as to meet the SELLER’s requirements for inspection, survey and attending tests and/or trials, regardless whether such required inspection, survey and attending tests and/or trials will occur during the daytime or in the evening, during the weekend (Saturday and Sunday) or any public holiday.

Appears in 1 contract

Samples: Shipbuilding Contract (Paragon Shipping Inc.)

Approval of Plans and Drawings. As soon as practical after the Date of Contract the Builder shall put forward a proposed detailed building schedule, including a schedule for testing. The Buyer shall make its comment on the schedule as soon as practical and at the latest within seven (7) days. The schedules shall be issued by the Builder in writing not later than thirty (30) days after the Date of Contract. Plans, documents and drawings which are identical to the corresponding plans, documents and drawings approved by the Buyer for Hull no.312 shall be deemed approved by the Buyer for the Vessel except where they relate to parts or aspects of the Vessel that by reason of the requirements of this Contract and/or applicable rules and regulations will differ from Hull no. 312. For Plans, documents and drawings which are not subject to such deemed approval, the following procedures shall apply: (a) The SELLER In accordance with the construction schedule of the Vessel and provisions in the Specifications, the Builder shall submit to the BUYER three (3) copies of Buyer the plans and drawings to be submitted thereto for its approval at in pdf format for ease of transmission and sharing. PIRns and drawings will be distributed through Synergi Project Exchange WEB-portal. The Buyer and its address as set forth in ARTICLE XVIII hereof. For those designated Representative(s) will receive a notification by e-mail for all plans and drawings that have been approved as distributed to the said WEB-portal. The Buyer shall within ten (10) Working Days after receipt of e-mail notification, set approval status or upload its comments (if any) for the date of the Contract by the BUYER of Hull No. YZJ2004-680C and are unaffected by Specifications herein, the SELLER shall submit such relevant plans and drawings to the BUYER within 45 days of date of the ContractSynergi Project Exchange WEB-portal. The BUYER shall have ninety (90) days thereafter to submit comments and return one plan or drawing, as the case may be, to the SELLER. For all other plans and drawings, to be approved hereunder, the BUYER shall, within twenty-one (21) days after receipt thereof, return to the SELLER one (1) copy of such plans and drawings with the BUYER’s approval or comments written thereon, if any, within the terms of the Specifications and the Contract. The SELLER must respond to the comments of the BUYER within twenty-one 21 days. Any alterations to the Specifications resulting from such Such comments shall be dealt with in accordance with ARTICLE V, Clause 1. as complete as possible. (b) If any modifications and or changes are made to the plans which have been reviewed or approved by the BUYER, the SELLER shall submit such plans either partially or totally to the BUYER for reapproval in accordance with this Clause. A list of Buyer’s uploaded comments on the plans and drawings to be so submitted are unclear or unspecified, the Builder may, by e-mail notice to the BUYER Buyer, request a clarification, and failure by the Buyer or its Representative to respond to this request within three (3) Working Days of receipt of such notice shall be mutually agreed upon between entitle the parties hereto and Builder to place its own reasonable interpretation on such plans and drawings shall then constitute “Approved Drawings”comments or amendments when implementing the same. (bc) If the Builder and the Buyer fail to agree whether such comments are of such a nature or extent as to constitute modification or change under Article VI hereof, the Builder shall nevertheless proceed with the construction based on the Buyer’s comments if so requested in writing by the Buyer. If it is established by mutual agreement or by arbitration as per Article XIX, that the Buyer’s uploaded comments, constitute a modification or change under Article VI, the Builder shall be entitled to an appropriate adjustment of the Contract Price, Delivery Date and/or the characteristics of the Vessel and Article VI, clause 1, first paragraph shall apply, (d) In the event that the BUYER shall fail Buyer fails to return set approval status or upload its comments (if any) for the relevant plans and drawings to the SELLER by fax or otherwise Synergi Project Exchange WEB-portal within the time limit as hereinabove providedspecified in (a) above, the Builder shall through Synergi Project Exchange WEB-portal or by e-mail to the Buyer request approval status or comments (if any) within three (3) days, failing which the Builder shall have the right to consider such plans and drawings shall be deemed to have been automatically as approved without any commentby the Buyer. (ce) No act The Buyer’s approval or omission non-approval of drawings shall not affect any of the BUYER in reviewing Builder’s obligations hereunder, including the Builder’s obligation to deliver the Vessel fully approved by the Regulatory Bodies, or approving the plans and/or drawings shall, in any way, diminish or impair the obligations and liabilities of the SELLER Builder’s responsibility under the terms of this ContractArticle X hereof.

Appears in 1 contract

Samples: Shipbuilding Contract (Lindblad Expeditions Holdings, Inc.)

Approval of Plans and Drawings. As soon as practical after the Date of Contract the Builder shall put forward a proposed detailed building schedule, including a schedule for testing. The Buyer shall make its comment on the schedule as soon as practical and at the latest within seven (7) days. The schedules shall be issued by the Builder in writing not later than thirty (30) days after the Date of Contract. (a) The SELLER In accordance with the construction schedule of the Vessel and provisions in the Specifications, the Builder shall submit to the BUYER three (3) copies of Buyer the plans and drawings to be submitted thereto for its approval at in pdf format for ease of transmission and sharing. Plans and drawings will be distributed through Synergi Project Exchange WEB-portal. The Buyer and its address as set forth in ARTICLE XVIII hereof. For those designated Representative(s) will receive a notification by e-mail for all plans and drawings that have been approved as distributed to the said WEB-portal. The Buyer shall within ten (10) Working Days after receipt of e-mail notification, set approval status or upload its comments (if any) for the date of the Contract by the BUYER of Hull No. YZJ2004-680C and are unaffected by Specifications herein, the SELLER shall submit such relevant plans and drawings to the BUYER within 45 days of date of the ContractSynergi Project Exchange WEB-portal. The BUYER shall have ninety (90) days thereafter to submit comments and return one plan or drawing, as the case may be, to the SELLER. For all other plans and drawings, to be approved hereunder, the BUYER shall, within twenty-one (21) days after receipt thereof, return to the SELLER one (1) copy of such plans and drawings with the BUYER’s approval or comments written thereon, if any, within the terms of the Specifications and the Contract. The SELLER must respond to the comments of the BUYER within twenty-one 21 days. Any alterations to the Specifications resulting from such Such comments shall be dealt with in accordance with ARTICLE V, Clause 1. as complete as possible. (b) If any modifications and or changes are made to the plans which have been reviewed or approved by the BUYER, the SELLER shall submit such plans either partially or totally to the BUYER for reapproval in accordance with this Clause. A list of Buyer’s uploaded comments on the plans and drawings to be so submitted are unclear or unspecified, the Builder may, by e-mail notice to the BUYER Buyer, request a clarification, and failure by the Buyer or its Representative to respond to this request within three (3) Working Days of receipt of such notice shall be mutually agreed upon between entitle the parties hereto and Builder to place its own reasonable interpretation on such plans and drawings shall then constitute “Approved Drawings”comments or amendments when implementing the same. (bc) If the Builder and the Buyer fail to agree whether such comments are of such a nature or extent as to constitute modification or change under Article VI hereof, the Builder shall nevertheless proceed with the construction based on the Buyer’s comments if so requested in writing by the Buyer. If it is established by mutual agreement or by arbitration as per Article XIX, that the Buyer’s uploaded comments, constitute a modification or change under Article VI, the Builder shall be entitled to an appropriate adjustment of the Contract Price, Delivery Date and/or the characteristics of the Vessel and Article VI, clause 1, first paragraph shall apply. (d) In the event that the BUYER shall fail Buyer fails to return set approval status or upload its comments (if any) for the relevant plans and drawings to the SELLER by fax or otherwise Synergi Project Exchange WEB-portal within the time limit as hereinabove providedspecified in (a) above, the Builder shall through Synergi Project Exchange WEB-portal or by e-mail to the Buyer request approval status or comments (if any) within three (3) days, failing which the Builder shall have the right to consider such plans and drawings shall be deemed to have been automatically as approved without any commentby the Buyer. (ce) No act The Buyer’s approval or omission non-approval of drawings shall not affect any of the BUYER in reviewing Builder’s obligations hereunder, including the Builder’s obligation to deliver the Vessel fully approved by the Regulatory Bodies, or approving the plans and/or drawings shall, in any way, diminish or impair the obligations and liabilities of the SELLER Builder’s responsibility under the terms of this ContractArticle X hereof.

Appears in 1 contract

Samples: Shipbuilding Contract (Lindblad Expeditions Holdings, Inc.)

Approval of Plans and Drawings. The parties hereto shall, within Thirty (a30) The SELLER shall submit days after signing of this Contract, mutually agree a list of all the plans and drawings, which are to be sent to the BUYER three (3) copies hereinbelow called “the LIST”). Before arrival of the Supervisor at the BUILDER’s Shipyard, the plans and drawings specified in the LIST shall be sent to be submitted thereto for its approval at its address as set forth in ARTICLE XVIII hereof. For those plans the BUYER, and drawings that have been approved as of the date of the Contract by the BUYER of Hull No. YZJ2004-680C and are unaffected by Specifications hereinshall, the SELLER shall submit within Fourteen (14) days after receipt thereof (excluding mailing time), return such plans and drawings submitted by the SELLER with comments, if any. Notwithstanding the above, the BUYER shall nevertheless waive its right to comment on the plans and drawings if such plans and drawings have been previously applied to build other vessels with the same specification as that of the Vessel. Concurrently with the arrival of the Supervisor at the BUILDER’s Shipyard, the BUYER shall notify the BUILDER in writing, stating the authority which the said Supervisor shall have, with regard to the BUYER within 45 days of date Supervisor can, on behalf of the Contract. The BUYER shall have ninety (90) days thereafter to submit comments and return one plan or drawingBUYER, give comments, as the case may be, which of the plans and drawings specified in the LIST but not yet been sent to the SELLERBUYER, nevertheless in line with the Supervisor’s authority. For all other plans and drawings, to be approved hereunder, the BUYER The Supervisor shall, within twenty-one five (215) days after receipt thereof, return to the SELLER one (1) copy of such those plans and drawings with the BUYER’s approval or comments written thereoncomments, if any, within . Unless notification is given to the terms BUILDER by the Supervisor or the BUYER of the Specifications and the Contract. The SELLER must respond comments to the comments of the BUYER within twenty-one 21 days. Any alterations to the Specifications resulting from such comments shall be dealt with in accordance with ARTICLE V, Clause 1. If any modifications and or changes are made to the plans which have been reviewed or approved by the BUYER, the SELLER shall submit such plans either partially or totally to the BUYER for reapproval in accordance with this Clause. A list of the plans and drawings to be so submitted to the BUYER shall be mutually agreed upon between the parties hereto and such plans and drawings shall then constitute “Approved Drawings”. (b) In the event that the BUYER shall fail to return the plans and drawings to the SELLER by fax or otherwise within the above designated period of time limit as hereinabove providedfor each case, such the said plans and drawings shall be deemed to have been automatically approved without any commentimplemented for construction by the BUILDER. Shipbuilding Contract Hull No. (c) No act or omission of the BUYER in reviewing or approving the plans and/or drawings shall, in any way, diminish or impair the obligations and liabilities of the SELLER under the terms of this Contract.

Appears in 1 contract

Samples: Shipbuilding Contract (Scorpio Bulkers Inc.)

Approval of Plans and Drawings. (a) The SELLER BUILDER shall submit to the BUYER three four (34) copies each of the plans and drawings to be submitted thereto for its approval at its address as set forth in ARTICLE Article XVIII hereof. For those plans and drawings that have been approved as of The BUYER shall, within three (3) weeks after the date of receipt before keel-laying of the Contract VESSEL, and/or within two (2) weeks after the date of receipt after keel-laying of the VESSEL, return by courier service to the BUYER BUILDER two (2) copies of Hull No. YZJ2004-680C and are unaffected by Specifications herein, the SELLER shall submit such plans and drawings including one (1) copy to be transferred to the REPRESENTATIVE (as defined hereinafter) with the BUYER’s approval or qualified approval with comments written thereon, if any. The BUILDER shall give reply regarding BUYER’s comments within two (2) weeks from the date of receipt. If the BUILDER fails to reply, the BUYER’s approval comments shall be deemed accepted by the BUILDER. In case the said plans and drawings shall not be returned to the BUILDER from the BUYER within 45 days of date the time limit as hereinabove provided, the BUILDER shall give the BUYER notice by telefax and the BUYER shall acknowledge and inform the BUILDER of the Contract. The BUYER status of approval and if such plans and drawings are not returned to the BUILDER within further five (5) days after the BUILDER’s telefax, such plans and drawings shall be deemed to have been automatically approved without comments unless otherwise agreed. (b) When and if the REPRESENTATIVE (as defined hereinafter) shall have ninety (90) days thereafter been sent by the BUYER to the SHIPYARD in accordance with Paragraph 2 of this Article, the BUILDER may, however at the BUYER’s express written consent only, submit comments the remainder, if any, of the plans and return one plan or drawing, as drawings in the case may beagreed list, to the SELLERREPRESENTATIVE for his approval. For all other plans and drawings, to be approved hereunder, the BUYER The REPRESENTATIVE shall, within twenty-one two (212) days weeks after receipt thereof, return to the SELLER BUILDER one (1) copy of such plans and drawings with the BUYER’s his approval or qualified approval with comments written thereon, if any, within the terms of the Specifications and the Contract. The SELLER must respond to the comments of the BUYER within twenty-one 21 days. Any alterations to the Specifications resulting from such comments shall be dealt with in accordance with ARTICLE V, Clause 1. If any modifications and or changes are made to the plans which have been reviewed or approved Approval by the BUYER, the SELLER shall submit such plans either partially or totally to the BUYER for reapproval in accordance with this Clause. A list REPRESENTATIVE of the plans and drawings duly submitted to him shall be deemed to be so submitted to the approval by the BUYER shall be mutually agreed upon between the parties hereto and such plans and drawings shall then constitute “Approved Drawings”. (b) for all purposes of this Contract. In the event that the BUYER or the REPRESENTATIVE shall fail to return the plans and drawings to the SELLER by fax or otherwise BUILDER within the time limit as hereinabove providedspecified, such plans and drawings shall be deemed to have been automatically approved without any comment. (c) No act . The approval of plans and drawings by the BUILDER shall not alter or omission diminish the responsibility of the BUYER BUILDER to design and construct the VESSEL in reviewing or approving accordance with the plans and/or drawings shallContract, in any way, diminish or impair the obligations Specifications and liabilities of the SELLER under the terms of this ContractPlans.

Appears in 1 contract

Samples: Shipbuilding Contract (Safe Bulkers, Inc.)

Approval of Plans and Drawings. (a) The SELLER 1. Builder shall submit to the BUYER three Buyer four (34) hard copies and one (1) electronic copy via e-mail or on CD-ROM of the plans plans, drawings, and drawings calculations required to be submitted thereto for its approval at its address as set forth in ARTICLE XVIII hereofreview. For those plans and drawings that have been approved as of the date of the Contract by the BUYER of Hull No. YZJ2004-680C and are unaffected by Specifications herein, the SELLER shall submit such plans and drawings to the BUYER within 45 days of date of the Contract. The BUYER shall have ninety (90) days thereafter to submit comments and return one plan Buyer or drawing, as the case may be, to the SELLER. For all other plans and drawings, to be approved hereunder, the BUYER Buyer’s designated Engineering representative shall, within twenty-twenty one (21) calendar days after earliest receipt thereof, return respond to Builder, either through hard copy or electronically via e mail, with Buyer’s comments, if any, either written on the plans thereon or in a comment letter referencing the plan, drawing or calculation. All hard copy drawing, plan and calculation submissions between Buyer and Builder will be by overnight delivery through a well established courier service, the cost of such courier service being borne by the sender. Buyer will, in response to any drawing, plan or calculation submission from Builder, designate each drawing formally as either “Approved without comment”, “Approved with Comments” or “Not Approved”. Builder and Buyer will coordinate their efforts to ensure that the twenty one (21) calendar day review time is reduced to the SELLER minimum interval consistent with effective review through mutually agreed drawing development and submission schedules and timely assignment of adequate personnel to the tasks of review. Builder may formally request expedited review for plans, drawings and calculations. Buyer agrees to consider each such request on a case by case basis and advise Builder of ability to meet the requested date and any delays to other review tasks but is in under no obligation to accept expedited review. Builder shall submit to the Regulatory Agencies, the plans, drawings and calculations that require their approval. Copies of all correspondence between the Builder and the Regulatory Agencies as well as all hard copies of plans, drawings and calculations returned stamped by the Regulatory Agencies shall be submitted immediately to the Buyer in hard copy or in electronic files shared through Builder’s electronic file system. 2. When and if Buyer’s Representative shall have been sent by Buyer to Builder in accordance with Paragraph B of this Article, Builder shall provide the Buyer’s Representative at any and all Builder sites where a Buyer’s Representative is assigned one (1) hard copy of such plans the latest revisions of all previously approved drawings. This Buyer’s Representative, regardless of where located, will be provided one information hard copy of all drawing, plan and calculation submissions to Buyer addressed in Subparagraph 1 above. 3. Plans, drawings with and calculations must be submitted for review and approval by the BUYER’s approval or comments written thereon, if any, within Owner and Regulatory Agencies prior to their use for the terms [****] Confidential Treatment construction of the Specifications vessel. Plans, drawings and calculations must be reviewed and returned by the Contract. The SELLER must respond to Owner within twenty one (21) calendar days of receipt by the comments of the BUYER within twenty-one 21 days. Any alterations to the Specifications resulting from such comments shall be dealt with in accordance with ARTICLE V, Clause 1Owner. If any modifications and the plans, drawings or changes calculations are made to the plans which have been reviewed or approved not returned by the BUYEROwner within twenty one (21) working days, the SELLER shall submit such plans either partially or totally to the BUYER for reapproval in accordance with this Clause. A list of the plans and drawings to be so submitted to the BUYER shall be mutually agreed upon between the parties hereto and such plans and drawings shall then constitute “Approved Drawings”. (b) In the event that the BUYER shall fail to return the plans and drawings to the SELLER by fax or otherwise within the time limit as hereinabove provided, such plans and drawings they shall be deemed to have been automatically approved without any commentbe approved. Should the Builder begin work covered by a plan, drawing, calculation, etc. being reviewed by the Owner prior to the Owner’s return of the drawing by the time specified herein, the Builder shall be responsible for all remediation and additional work to complete the work to satisfy the Owner’s comments within the scope of these Specifications with no additional cost to the Owner. The Builder is required to submit a plan, drawing or calculation for comment and approval by the Owner even if it is identical in every way to the original Contract Drawing. (c) No act 4. Approval of these drawings by the Buyer or omission the Regulatory Agencies shall not relieve the Builder of its responsibility to deliver a complete and operable Tug in accordance with the requirements of the BUYER Specifications. Construction errors and omissions must be corrected by the Builder in reviewing accordance with Article X prior to delivery, even if the item at hand was constructed as depicted on the plans, drawings or approving calculations approved by the plans and/or drawings shall, in any way, diminish Buyer or impair the obligations and liabilities Regulatory Agencies. In no case shall the approval of the SELLER drawings be interpreted as approval of errors or omissions. 5. Errors or inconsistencies in Buyer comments to drawings, plans and calculations submitted under Paragraph 3 above with regard to the terms specifications, contract drawings or any requirements of this Contractclass or regulatory authority will be brought to the immediate attention of the Buyer by the Builder with full delineation of the nature and scope of the error or inconsistency. Buyer direction to incorporate such errors or inconsistencies will be formally documented by Buyer to Builder with full acknowledgement of Builder’s notification. Buyer directed incorporation of such errors or inconsistencies may be the subject of an adjustment to contract price, if rejected by class or regulatory authority.

Appears in 1 contract

Samples: Shipbuilding Contract (Maritrans Inc /De/)

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