Common use of Divers Inspection Clause in Contracts

Divers Inspection. No drydocking, prior to the delivery of the Vessel, however the Buyers to have the option to arrange at their risk and expense at any convenient port before delivery or at the port of delivery an inspection of the Vessel’s underwater parts by divers appointed by Buyers and approved by Vessel’s Class, in the presence of the Class surveyor and Sellers’ and Buyers’ representatives, Buyers not to interfere at the video monitor or with the Class surveyor’s work. The Sellers shall notify Buyers as to the vessel’s itinerary for Buyers to decide the most convenient place for the underwater inspection to take place at Sellers time. Sellers to arrange Class Surveyor at Buyers expenses who shall be in attendance at the time of underwater inspection. Buyers shall in any event pay for the divers and the cost of Class attendance. The extent of the inspection and the conditions under which it is performed shall be to the satisfaction/requirement of the Class surveyor attending. The Class to be the sole arbitrator as to whether underwater damage, if any, will impose any condition of Class. If the conditions at the place of such inspection are not suitable for such inspection, the Sellers shall make the Vessel available at a suitable alternative nearby place. Should any damage be found to the underwater parts that will impose a condition of Vessel’s present class, then: a. In case vessel’s Class imposes a condition but does not require drydocking before next scheduled drydocking, Sellers have the option to repair same to Class satisfaction prior to delivery or to compensate the Buyers with the estimated cost to repair such damage in a way which is acceptable to the Vessel’s Class, which cost to be only the direct cost to repair such damage (i.e. excluding docking/undocking costs, tugs, loss of hire, deviation, etc), as per the average of 2 (two) quotations received from 1 (one) major reputable repair yard chosen by Buyers and 1 (one) major reputable repair yard chosen by Sellers, such repair yards to be located in China and capable of repair a vessel of such type; The average amount agreed shall be deducted from the Purchase Price at the time of delivery. b. In case that the rudder, propeller, bottom or other underwater parts below the summer load line be found broken, damaged or defective, so as to affect Vessel’s present class and must be immediately repaired, then clause 6B(ii) NSF 93 to be reinstated. In the event the Vessel is to be drydocked, the canceling date will be extended appropriately for the extra time taken to deliver the Vessel due to ballasting/drydocking/repairs to be carried out to Class’ satisfaction in accordance with this Agreement, [but such extension will not exceed in total 7 running days]. In case of drydocking, the Buyers may carry out cleaning/painting works at their sole risk and expense, subject to the Sellers’ approval, without interfering with the Sellers’ drydock works nor the classification surveyor’s work, if any, and without affecting Vessel’s timely delivery schedule. If however Buyers’ works are still in progress when Sellers have completed their works and they are ready in all respects to deliver the Vessel to the Buyers as per the Agreement, then Sellers shall tender final Notice of Readiness to the Buyers whilst the Vessel is in drydock and Buyers must take timely delivery of the Vessel whether on drydock or not, with undocking expenses only to be for Sellers’ account. The Class shall issue a Class Survey Record which indicates whether the Underwater Inspection has found any damage affecting class, and in the event that such damage is found, indicates whether it requires immediate rectification or whether it should be rectified during the next drydocking. This Class Survey Record will be issued immediately after the completion of the divers Underwater Inspection.

Divers Inspection. No drydocking, prior to the delivery of the Vessel, however the Buyers to have the option to arrange at their risk and expense at any convenient port before delivery or at the port of delivery an inspection of the Vessel’s underwater parts by divers appointed by Buyers and approved by Vessel’s Class, in the presence of the Class surveyor and Sellers’ and Buyers’ representatives, Buyers not to interfere at the video monitor or with the Class surveyor’s work. The Sellers shall notify Buyers as to the vessel’s itinerary for Buyers to decide the most convenient place for the underwater inspection to take place at Sellers time. Sellers to arrange Class Surveyor at Buyers expenses who shall be in attendance at the time of underwater inspection. Buyers shall in any event pay for the divers and the cost of Class attendance. The extent of the inspection and the conditions under which it is performed shall be to the satisfaction/requirement of the Class surveyor attending. The Class to be the sole arbitrator as to whether underwater damage, if any, will impose any condition of Class. If the conditions at the place of such inspection are not suitable for such inspection, the Sellers shall make the Vessel available at a suitable alternative nearby place. Should any damage be found to the underwater parts that will impose a condition of Vessel’s present class, then: a. In case vessel’s Class imposes a condition but does not require drydocking before next scheduled drydocking, Sellers have the option to repair same to Class satisfaction prior to delivery or to compensate the Buyers with the estimated cost to repair such damage in a way which is acceptable to the Vessel’s Class, which cost to be only the direct cost to repair such damage (i.e. excluding docking/undocking costs, tugs, loss of hire, deviation, etc), as per the average of 2 (two) quotations received from 1 (one) major reputable repair yard chosen by Buyers and 1 (one) major reputable repair yard chosen by Sellers, such repair yards to be located in China and capable of repair a vessel of such type; The average amount agreed shall be deducted from the Purchase Price at the time of delivery. b. In case that the rudder, propeller, bottom or other underwater parts below the summer load line be found broken, damaged or defective, so as to affect Vessel’s present class and must be immediately repaired, then clause 6B(ii) NSF 93 to be reinstated. In the event the Vessel is to be drydocked, the canceling date will be extended appropriately for the extra time taken to deliver the Vessel due to ballasting/drydocking/repairs drydocking repairs/ to be carried out to Class’ satisfaction in accordance with this Agreement, [but such extension will not exceed in total 7 running days]. In case of drydocking, the Buyers may carry out cleaning/painting works at their sole risk and expense, subject to the Sellers’ approval, without interfering with the Sellers’ drydock works nor the classification surveyor’s work, if any, and without affecting Vessel’s timely delivery schedule. If however Buyers’ works are still in progress when Sellers have completed their works and they are ready in all respects to deliver the Vessel to the Buyers as per the Agreement, then Sellers shall tender final Notice of Readiness to the Buyers whilst the Vessel is in drydock and Buyers must take timely delivery of the Vessel whether on drydock or not, with undocking expenses only to be for Sellers’ account. The Class shall issue a Class Survey Record which indicates whether the Underwater Inspection has found any damage affecting class, and in the event that such damage is found, indicates whether it requires immediate rectification or whether it should be rectified during the next drydocking. This Class Survey Record will be issued immediately after the completion of the divers Underwater Inspection.

Divers Inspection. No drydocking, prior to the delivery of the Vessel, however the Buyers to have the option to arrange at their risk and expense at any convenient port before delivery or at the port of delivery an inspection of the Vessel’s underwater parts by divers appointed by Buyers and approved by Vessel’s Class, in the presence of the Class surveyor and Sellers’ and Buyers’ representatives, Buyers not to interfere at the video monitor or with the Class surveyor’s work. The Sellers shall notify Buyers as to the vessel’s itinerary for Buyers to decide the most convenient place for the underwater inspection to take place at Sellers time. Sellers to arrange Class Surveyor at Buyers expenses who shall be in attendance at the time of underwater inspection. Buyers shall in any event pay for the divers and the cost of Class attendance. The extent of the inspection and the conditions under which it is performed shall be to the satisfaction/requirement of the Class surveyor attending. The Class to be the sole arbitrator as to whether underwater damage, if any, will impose any condition of Class. If the conditions at the place of such inspection are not suitable for such inspection, the Sellers shall make the Vessel available at a suitable alternative nearby place. Should any damage be found to the underwater parts that will impose a condition of Vessel’s present class, then: a. In case vessel’s Class imposes a condition but does not require drydocking before next scheduled drydocking, Sellers have the option to repair same to Class satisfaction prior to delivery or to compensate the Buyers with the estimated cost to repair such damage in a way which is acceptable to the Vessel’s Class, which cost to be only the direct cost to repair such damage (i.e. excluding docking/undocking costs, tugs, loss of hire, deviation, etc), as per the average of 2 (two) quotations received from 1 (one) major reputable repair yard chosen by Buyers and 1 (one) major reputable repair yard chosen by Sellers, such repair yards to be located in China and capable of repair a vessel of such type; The average amount agreed shall be deducted from the Purchase Price at the time of delivery. b. In case that the rudder, propeller, bottom or other underwater parts below the summer load line be found broken, damaged or defective, so as to affect Vessel’s present class and must be immediately repaired, then clause 6B(ii) NSF 93 to be reinstated. In the event the Vessel is to be drydocked, the canceling date will be extended appropriately for the extra time taken to deliver the Vessel due to ballasting/drydocking/repairs to be carried out to Class’ satisfaction in accordance with this Agreement, [but such extension will not exceed in total 7 running days]. In case of drydocking, the Buyers may carry out cleaning/painting works at their sole risk and expense, subject to the Sellers’ approval, without interfering with the Sellers’ drydock works nor the classification surveyor’s work, if any, and without affecting Vessel’s timely delivery schedule. If however Buyers’ works are still in progress when Sellers have completed their works and they are ready in all respects to deliver the Vessel to the Buyers as per the Agreement, then Sellers shall tender final Notice of Readiness to the Buyers whilst the Vessel is in drydock and Buyers must take timely delivery of the Vessel whether on drydock or not, with undocking expenses only to be for Sellers’ account. The Class shall issue a Class Survey Record which indicates whether the Underwater Inspection inspection has found any damage affecting class, and in the event that such damage is found, indicates whether it requires immediate rectification or whether it should be rectified during the next drydocking. This Class Survey Record will be issued immediately after the completion of the divers Underwater Inspection.

Divers Inspection. No drydocking, prior to the delivery of the Vessel, however the Buyers to have the option to arrange at their risk and expense at any convenient port before delivery or at the port of delivery an inspection of the Vessel’s underwater parts by divers appointed by Buyers and approved by Vessel’s Class, in the presence of the Class surveyor and Sellers’ and Buyers’ representatives, Buyers not to interfere at the video monitor or with the Class surveyor’s work. The Sellers shall notify Buyers as to the vessel’s itinerary for Buyers to decide the most convenient place for the underwater inspection to take place at Sellers time. Sellers to arrange Class Surveyor at Buyers expenses who shall be in attendance at the time of underwater inspection. Buyers shall in any event pay for the divers and the cost of Class attendance. The extent of the inspection and the conditions under which it is performed shall be to the satisfaction/requirement of the Class surveyor attending. The Class to be the sole arbitrator as to whether underwater damage, if any, will impose any condition of Class. If the conditions at the place of such inspection are not suitable for such inspection, the Sellers shall make the Vessel available at a suitable alternative nearby place. Should any damage be found to the underwater parts that will impose a condition of Vessel’s present class, then: a. In case vessel’s Class imposes a condition but does not require drydocking before next scheduled drydocking, Sellers have the option to repair same to Class satisfaction prior to delivery or to compensate the Buyers with the estimated cost to repair such damage in a way which is acceptable to the Vessel’s Class, which cost to be only the direct cost to repair such damage (i.e. excluding docking/undocking costs, tugs, loss of hire, deviation, etc), as per the average of 2 (two) quotations received from 1 (one) major reputable repair yard chosen by Buyers and 1 (one) major reputable repair yard chosen by Sellers, such repair yards to be located in China and capable of repair a vessel of such type; The average amount agreed shall be deducted from the Purchase Price at the time of delivery. b. In case that the rudder, propeller, bottom or other underwater parts below the summer load line be found broken, damaged or defective, so as to affect Vessel’s present class and must be immediately repaired, then clause 6B(ii) NSF 93 to be reinstated. In the event the Vessel is to be drydocked, the canceling date will be extended appropriately for the extra time taken to deliver the Vessel due to ballasting/drydocking/repairs to be carried out to Class’ satisfaction in accordance with this Agreement, [but such extension will not exceed in total 7 running days]. In case of drydocking, the Buyers may carry out cleaning/painting works at their sole risk and expense, subject to the Sellers’ approval, without interfering with the Sellers’ drydock works nor the classification surveyor’s work, if any, and without affecting Vessel’s timely delivery schedule. If however Buyers’ works are still in progress when Sellers have completed their works and they are ready in all respects to deliver the Vessel to the Buyers as per the Agreement, then Sellers shall tender final Notice of Readiness to the Buyers whilst the Vessel is in drydock and Buyers must take timely delivery of the Vessel whether on drydock or not, with undocking expenses only to be for Sellers’ account. The Class shall issue a Class Survey Record which indicates whether the Underwater Inspection has found any damage affecting class, and in the event that such damage is found, indicates whether it requires immediate rectification or whether it should be rectified during the next drydocking. This Class Survey Record will be issued immediately after the completion of the divers Underwater Inspection.