Common use of BREACH OF WARRANTY CLAUSE Clause in Contracts

BREACH OF WARRANTY CLAUSE. If Owners are in breach of any of their representations and warranties, Charterers may so notify Owners in writing, and following the receipt by Owners of any such notice that Owners failed to exercise due diligence as required by their representations and warranties, the vessel shall be off-hire and no further payments shall be due until Owners have so demonstrated that they are exercising such due diligence. 84 INSPECTION CLAUSE Owners agree to allow Charterers or their designated representative access to the vessel on demand at any time during the term of the Charter Party, for the purposes of carrying out a full and detailed inspection into every aspect of the vessel's operation and maintenance. If as a result of such inspection the vessel is determined to be operating or maintained to a lesser standard than that existing at the time of delivery of the vessel to Charterers at the commencement of this Charter (the `'Delivery Standard") then Charterers may place the vessel off-hire until such time as the Owners return the vessel to the Delivery Standard as determined by Charterers. The vessel shall remain on-hire for 48 (forty-eight) hours after notice placing the vessel off-hire is given to allow Owners to review all deficiencies and to provide Charterers with an action plan. In enforcing this clause Charterers is to make allowances for fair wear and tear of the vessel.

Appears in 6 contracts

Samples: Time Charter Party (Arlington Tankers Ltd.), Time Charter Party (Arlington Tankers Ltd.), Time Charter Party (Arlington Tankers Ltd.)

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BREACH OF WARRANTY CLAUSE. If Owners are in breach of any of their representations and warranties, Charterers may so notify Owners in writing, and following the receipt by Owners of any such notice that Owners failed to exercise due diligence as required by their representations and warranties, the vessel shall be off-hire and no further payments shall be due until Owners have so demonstrated that they are exercising such due diligence. 84 INSPECTION CLAUSE Owners agree to allow Charterers or their designated representative access to the vessel on demand at any time during the term of the Charter Party, for the purposes of carrying out a full and detailed inspection into every aspect of the vessel's ’s operation and maintenance. If as a result of such inspection the vessel is determined to be operating or maintained to a lesser standard than that existing at the time of delivery of the vessel to Charterers at the commencement of this Charter (the `'‘’Delivery Standard"’’) then Charterers may place the vessel off-hire until such time as the Owners return the vessel to the Delivery Standard as determined by Charterers. The vessel shall remain on-hire for 48 (forty-eight) hours after notice placing the vessel off-hire is given to allow Owners to review all deficiencies and to provide Charterers with an action plan. For the purpose of this Clause the Delivery Standard is established by the report of Survey of the vessel dated ______________. In enforcing this clause Charterers is to make allowances for fair wear and tear of the vessel.

Appears in 1 contract

Samples: Agreement (Arlington Tankers Ltd.)

BREACH OF WARRANTY CLAUSE. If Owners are in breach of any of their representations and warranties, Charterers may so notify Owners in writing, and following the receipt by Owners of any such notice that Owners failed to exercise due diligence as required by their representations and warranties, the vessel shall be off-hire and no further payments shall be due until Owners have so demonstrated that they are exercising such due diligence. 84 INSPECTION CLAUSE Owners agree to allow Charterers or their designated representative access to the vessel on demand at any time during the term of the Charter Party, for the purposes of carrying out a full and detailed inspection into every aspect of the vessel's ’s operation and maintenance. If as a result of such inspection the vessel is determined to be operating or maintained to a lesser standard than that existing at the time of delivery of the vessel to Charterers at the commencement of this Charter (the `'‘’Delivery Standard"’’) then Charterers may place the vessel off-hire until such time as the Owners return the vessel to the Delivery Standard as determined by Charterers. The vessel shall remain on-hire for 48 (forty-eight) hours after notice placing the vessel off-hire is given to allow Owners to review all deficiencies and to provide Charterers with an action plan. For the purpose of this Clause the Delivery Standard is established by the report of Survey of the vessel dated October 31, 2004. In enforcing this clause Charterers is to make allowances for fair wear and tear of the vessel.

Appears in 1 contract

Samples: Time Charter Party (Arlington Tankers Ltd.)

BREACH OF WARRANTY CLAUSE. If Owners are in breach of any of their representations and warranties, Charterers may so notify Owners in writing, and following the receipt by Owners of any such notice that Owners failed to exercise due diligence as required by their representations and warranties, the vessel shall be off-hire and no further payments shall be due until Owners have so demonstrated that they are exercising such due diligence. 84 INSPECTION CLAUSE Owners agree to allow Charterers or their designated representative access to the vessel on demand at any time during the term of the Charter Party, for the purposes of carrying out a full and detailed inspection into every aspect of the vessel's ’s operation and maintenance. If as a result of such inspection the vessel is determined to be operating or maintained to a lesser standard than that existing at the time of delivery of the vessel to Charterers at the commencement of this Charter (the `'‘’Delivery Standard"’’) then Charterers may place the vessel off-hire until such time as the Owners return the vessel to the Delivery Standard as determined by Charterers. The vessel shall remain on-hire for 48 (forty-eight) hours after notice placing the vessel off-hire is given to allow Owners to review all deficiencies and to provide Charterers with an action plan. For the purpose of this Clause the Delivery Standard is established by the report of Survey of the vessel dated _____________. In enforcing this clause Charterers is to make allowances for fair wear and tear of the vessel.

Appears in 1 contract

Samples: Agreement (Arlington Tankers Ltd.)

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BREACH OF WARRANTY CLAUSE. If Owners are in breach of any of their representations and warranties, Charterers may so notify Owners in writing, and following the receipt by Owners of any such notice that Owners failed to exercise due diligence as required by their representations and warranties, the vessel shall be off-hire and no further payments shall be due until Owners have so demonstrated that they are exercising such due diligence. 84 INSPECTION CLAUSE Owners agree to allow Charterers or their designated representative access to the vessel on demand at any time during the term of the Charter Party, for the purposes of carrying out a full and detailed inspection into every aspect of the vessel's ’s operation and maintenance. If as a result of such inspection the vessel is determined to be operating or maintained to a lesser standard than that existing at the time of delivery of the vessel to Charterers at the commencement of this Charter (the `'‘’Delivery Standard"’’) then Charterers may place the vessel off-hire until such time as the Owners return the vessel to the Delivery Standard as determined by Charterers. The vessel shall remain on-hire for 48 (forty-eight) hours after notice placing the vessel off-hire is given to allow Owners to review all deficiencies and to provide Charterers with an action plan. For the purpose of this Clause the Delivery Standard is established by the report of Survey of the vessel dated November 1, 2005. In enforcing this clause Charterers is to make allowances for fair wear and tear of the vessel.

Appears in 1 contract

Samples: Time Charter Party (Arlington Tankers Ltd.)

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