Approval of Plans and Drawings. The parties hereto shall, within thirty (30) days after the Effective Date of this Contract, mutually agree a list of all the plans and drawings, which are to be sent to the BUYER for approval (herein below called the "LIST"). The plans and drawings specified in the LIST shall be sent to the BUYER, and the BUYER shall, within fourteen (14) days after receipt thereof (excluding mailing time), return such plans and drawings submitted by the SELLER with approval or remarks, if any. The SELLER shall take due note of the BUYER's remarks and amendments (if any) on plans and drawings submitted pursuant to this Article and, if such remarks or amendments are not of such a nature or extent as to constitute modifications of the Specifications within the meaning of Article V hereof, then the SELLER shall commence or continue construction of the VESSEL in accordance with the corrected or amended plans and drawings. Unless notification is given to the SELLER by the BUYER of approval or disapproval of any plans and drawings within the above designated period of time for each case, the said plans and drawings shall be deemed to have been automatically approved. But the SELLER shall notify the BUYER by telefax within five (5) days of the elapse of the above designated period of time. The plans and drawings approved by the BUYER shall be final, and any alteration thereof as confirmed in writing by the BUYER shall be regarded as modification specified in Article V of this Contract.
Appears in 7 contracts
Samples: Shipbuilding Contract (TBS International PLC), Contract (TBS International LTD), Contract (TBS International LTD)
Approval of Plans and Drawings. (a) The parties hereto shallSELLER 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 thirty 45 days of date of the Contract. The BUYER shall have ninety (3090) days after thereafter to submit comments and return one plan or drawing, as the Effective Date of this Contractcase may be, mutually agree a list of to the SELLER. For all the other plans and drawings, which are to be sent to the BUYER for approval (herein below called the "LIST"). The plans and drawings specified in the LIST shall be sent to the BUYERapproved hereunder, and the BUYER shall, within fourteen twenty-one (1421) days after receipt thereof (excluding mailing time)thereof, return to the SELLER one (1) copy of such plans and drawings submitted by with the SELLER with BUYER’s approval or remarkscomments written thereon, if any, within the terms of the Specifications and the Contract. The SELLER shall take due note 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's remarks and amendments (if any) on , 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 pursuant to this Article and, if such remarks or amendments are not of such a nature or extent as to constitute modifications of the Specifications within the meaning of Article V hereof, then the SELLER shall commence or continue construction of the VESSEL in accordance with the corrected or amended plans and drawings. Unless notification is given to the SELLER by BUYER shall be mutually agreed upon between the BUYER of approval or disapproval of any plans parties hereto and drawings within the above designated period of time for each case, the said such plans and drawings shall be deemed to have been automatically approved. But the SELLER shall notify the BUYER by telefax within five (5) days of the elapse of the above designated period of time. The plans and drawings approved by the BUYER shall be final, and any alteration thereof as confirmed in writing by the BUYER shall be regarded as modification specified in Article V of this Contractthen constitute “Approved Drawings”.
Appears in 4 contracts
Samples: Construction Of (Seaspan CORP), Seaspan CORP, Seaspan CORP
Approval of Plans and Drawings. (a) The parties hereto shall, within thirty BUILDER shall submit to the BUYER four (304) days after the Effective Date copies each of this Contract, mutually agree a list of all the plans and drawings, which are drawings to be sent to the BUYER submitted thereto for its approval (herein below called the "LIST")at its address as set forth in Article XVIII hereof. The plans and drawings specified in the LIST shall be sent to the BUYER, and the BUYER shall, within fourteen three (143) days weeks after the date of receipt thereof before keel-laying of the VESSEL, and/or within two (excluding mailing time)2) weeks after the date of receipt after keel-laying of the VESSEL, return by courier service to the BUILDER two (2) copies of such plans and drawings submitted by including one (1) copy to be transferred to the SELLER REPRESENTATIVE (as defined hereinafter) with the BUYER’s approval or remarksqualified approval with comments written thereon, if any. The SELLER BUILDER shall take due note give reply regarding BUYER’s comments within two (2) weeks from the date of receipt. If the BUILDER fails to reply, the BUYER's remarks and amendments (if any) on ’s approval comments shall be deemed accepted by the BUILDER. In case the said plans and drawings submitted pursuant shall not be returned to this Article andthe BUILDER from the BUYER within 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 status of approval and if such remarks or amendments are not of such a nature or extent as to constitute modifications of the Specifications within the meaning of Article V hereof, then the SELLER shall commence or continue construction of the VESSEL in accordance with the corrected or amended plans and drawings. Unless notification is given to the SELLER by the BUYER of approval or disapproval of any plans and drawings are not returned to the BUILDER within further five (5) days after the above designated period of time for each caseBUILDER’s telefax, the said such plans and drawings shall be deemed to have been automatically approved. But the SELLER shall notify the BUYER by telefax within five (5) days of the elapse of the above designated period of time. The plans and drawings approved by the BUYER shall be final, and any alteration thereof as confirmed in writing by the BUYER shall be regarded as modification specified in Article V of this Contractwithout comments unless otherwise agreed.
Appears in 2 contracts
Samples: Shipbuilding Contract (Safe Bulkers, Inc.), Shipbuilding Contract (Safe Bulkers, Inc.)
Approval of Plans and Drawings. The parties hereto shall, within thirty (30) days after the Effective Date signing of this Contract, mutually agree a list Hat of all the plans and drawings, which are to be sent to the BUYER for approval (herein below hereinbelow called “the "LIST"”). The Before arrival of the Supervisor at the SELLER’S Shipyard, the plans and drawings specified in the LIST shall be sent to the BUYER, and the BUYER shall, within fourteen ten (1410) days after receipt thereof (excluding mailing time), return such plans and drawings submitted by the SELLER SELLER. with approval or remarks, if any. The SELLER Such approvals and remarks shall take due note of the BUYER's remarks and amendments (if any) on plans and drawings submitted pursuant to this Article and, if such remarks or amendments are not of such a nature or extent as to constitute modifications of the Specifications within the meaning of Article V hereof, then the SELLER shall commence or continue construction of the VESSEL he in accordance with the corrected Contract and Specifications. Concurrently with the arrival of the Supervisor at the SELLER’s Shipyard, the BUYER 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 BUYER, approve or amended disapprove, as the case may be, those plans and drawingsdrawings specified in the LIST which have not yet been sent to the BUYER. Should the Supervisor be so authorised by the BUYER, the Supervisor shall, within five (5) days after receipt thereof, return those plans ands drawings its approval or remarks, if any. Unless notification is given to the SELLER by the Supervisor or the BUYER of approval or disapproval of any plans and drawings within the above above-designated period of time for each case, the said plans and drawings shall be deemed to have been automatically approved. But the SELLER shall notify the BUYER by telefax within five (5) days of the elapse of the above designated period of time. , The plans and drawings approved by the BUYER or the Supervisor shall be final, and any alteration thereof as confirmed in writing by the BUYER shall shalt be regarded as modification specified in Article V 5 of this Contract.
Appears in 2 contracts
Samples: Aegean Marine Petroleum Network Inc., Aegean Marine Petroleum Network Inc.
Approval of Plans and Drawings. The parties hereto shall, within thirty (30) days after the Effective Date signing of this Contract, mutually agree a list of all the plans and drawings, which are to be sent to the BUYER for approval (herein below hereinbelow called “the "LIST"”). The Before arrival of the Supervisor at the BUILDER’s Shipyard, the plans and drawings specified in the LIST shall be sent to the BUYER, and the BUYER shall, within fourteen ten (1410) days after receipt thereof (excluding mailing time), return such plans and drawings submitted by the SELLER with approval or remarks, if any. The SELLER Such approval and remarks shall take due note of the BUYER's remarks and amendments (if any) on plans and drawings submitted pursuant to this Article and, if such remarks or amendments are not of such a nature or extent as to constitute modifications of the Specifications within the meaning of Article V hereof, then the SELLER shall commence or continue construction of the VESSEL be in accordance with the corrected Contract and the Specifications. 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 and stating whether the Supervisor can, on behalf of the BUYER, approve or amended disapprove, as the case may be, those plans and drawingsdrawings specified in the LIST which have not yet been sent to the BUYER. Should the Supervisor be so authorised by the BUYER, the Supervisor shall, within five (5) days after receipt thereof, return those plans and drawings with approval or remarks, if any. Unless notification is given to the SELLER BUILDER by the Supervisor or the BUYER of approval or disapproval of any plans and drawings within the above above-designated period of time for each case, the said plans and drawings shall be deemed to have been automatically approved. But the SELLER shall notify the BUYER by telefax within five (5) days of the elapse of the above designated period of time. The plans and drawings approved by the BUYER or the Supervisor shall be final, and any alteration thereof as confirmed in writing by the BUYER shall be regarded as modification specified in Article V 5 of this Contract.
Appears in 1 contract
Samples: Shipbuilding Contract (Aegean Marine Petroleum Network Inc.)
Approval of Plans and Drawings. The parties hereto shall, within thirty Thirty (30) days after the Effective Date signing of this Contract, mutually agree a list of all the plans and drawings, which are to be sent to the BUYER for approval (herein below hereinbelow called “the "LIST"”). The Before arrival of the Supervisor at the BUILDER’s Shipyard, the plans and drawings specified in the LIST shall be sent to the BUYER, and the BUYER shall, within fourteen Fourteen (14) days after receipt thereof (excluding mailing time), return such plans and drawings submitted by the SELLER with approval or remarkscomments, if any. The SELLER Notwithstanding the above, the BUYER shall take due note 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 Supervisor can, on behalf of the BUYER's remarks and amendments (if any) on , give comments, as the case may be, which of the plans and drawings submitted pursuant specified in the LIST but not yet been sent to this Article andthe BUYER, nevertheless in line with the Supervisor’s authority. The Supervisor shall, within five (5) days after receipt thereof, return those plans and drawings with comments, if such remarks or amendments are not of such a nature or extent as to constitute modifications of the Specifications within the meaning of Article V hereof, then the SELLER shall commence or continue construction of the VESSEL in accordance with the corrected or amended plans and drawingsany. Unless notification is given to the SELLER BUILDER by the Supervisor or the BUYER of approval or disapproval of the comments to any plans and drawings within the above designated period of time for each case, the said plans and drawings shall be deemed to have been automatically approved. But the SELLER shall notify the BUYER by telefax within five (5) days of the elapse of the above designated period of time. The plans and drawings approved implemented for construction by the BUYER shall be final, and any alteration thereof as confirmed in writing by the BUYER shall be regarded as modification specified in Article V of this ContractBUILDER. Shipbuilding Contract Hull No.
Appears in 1 contract
Approval of Plans and Drawings. The parties hereto shall, within thirty (30) days after the Effective Date signing of this Contract, mutually agree a list of all the plans and drawings, which are to be sent to the BUYER for approval (herein below hereinbelow called “the "LIST"”). The , Before arrival of the Supervisor at the BUILDER’s Shipyard, the plans and drawings specified in the LIST shall be sent to the BUYER, and the BUYER shall, within fourteen ten (1410) days after receipt thereof (excluding mailing time), return such plans and drawings submitted by the SELLER with approval or remarks, if any. The SELLER Concurrently with the arrival of the Supervisor at the BUILDER’s Shipyard, the BUYER shall take due note notify the BUILDER in writing, stating the authority which the said Supervisor shall have and stating whether the Supervisor can, on behalf of the BUYER's remarks and amendments (if any) on , approve or disapprove, as the case may be, those plans and drawings submitted pursuant specified in the LIST which have not yet been sent to this Article andthe BUYER. Should the Supervisor be so authorised by the BUYER, the Supervisor shall, within ten (10) days after receipt thereof, return those plans and drawings with approval or remarks, if such remarks or amendments are not of such a nature or extent as to constitute modifications of the Specifications within the meaning of Article V hereof, then the SELLER shall commence or continue construction of the VESSEL in accordance with the corrected or amended plans and drawingsany. Unless notification is given to the SELLER BUILDER by the Supervisor or the BUYER of approval or disapproval of any plans and drawings within the above above-designated period of time for each case, the said plans and drawings shall be deemed to have been automatically approved. But the SELLER shall notify the BUYER by telefax within five (5) days of the elapse of the above designated period of time. The plans and drawings approved by the BUYER or the Supervisor shall be final, and any alteration thereof as confirmed in writing by the BUYER shall be regarded as modification specified in Article V 5 of this Contract.
Appears in 1 contract
Samples: Form of Shipbuilding Contract (Aegean Marine Petroleum Network Inc.)