Common use of Deficiency in Fuel Consumption Clause in Contracts

Deficiency in Fuel Consumption. (a) If the fuel consumption on the test bed trials exceeds the figure stipulated in Article 3.4. by more than 5% but below 8%, FINC will pay as liquidated damages Euro 50.000,00 (fiftythousand) for each full percentage between the two figures per gram per kW per hour. (b) If the fuel consumption on the test bed exceeds the figure stipulated in Article 3.4. by more than 8%, the Owner may, at its option, (1) reject the main engine or (2) accept the main engine by cashing the maximum amount referred to above. If the Owner rejects the main engine and FINC as a consequence is unable to deliver the Ship within the contractual delivery time, the Owner may resolve the Contract.

Deficiency in Fuel Consumption. (a) If the fuel consumption on the test bed trials exceeds the figure stipulated in Article 3.4. by more than 5% but below 8%, FINC will pay as liquidated damages Euro 50.000,00 (fiftythousand) for each full percentage between the two figures per gram per kW per hour. (b) If the fuel consumption on the test bed exceeds the figure stipulated in Article 3.4. by more than 8%, the Owner ATL may, at its option, (1) reject the main engine or (2) accept the main engine by cashing the maximum amount referred to above. If the Owner ATL rejects the main engine and FINC as a consequence is unable to deliver the Ship within the contractual delivery time, the Owner ATL may resolve the Contract.

Deficiency in Fuel Consumption. (a) If the fuel consumption on the test bed trials exceeds the figure stipulated in Article 3.4. by more than 5% but below 8%, FINC will pay as liquidated damages Euro 50.000,00 (fiftythousand) for each full percentage between the two figures per gram per kW per hour. (b) If the fuel consumption on the test bed exceeds the figure stipulated in Article 3.4. by more than 8%, the Owner ATL-XXXXX may, at its option, (1) reject the main engine or (2) accept the main engine by cashing the maximum amount referred to above. If the Owner ATL-XXXXX rejects the main engine and FINC as a consequence is unable to deliver the Ship within the contractual delivery time, the Owner ATL-XXXXX may resolve the Contract.