Common use of DRYDOCKING Clause in Contracts

DRYDOCKING. Divers Inspection a)** The Sellers shall place the Vessel in drydock at the port of delivery for inspection by the Classification Society of the Vessel's underwater parts below the deepest load line, the extent of the inspection being in accordance with the Classification Society's rules. If the rudder, propeller, bottom or other underwater parts below the deepest load line are found broken, damaged or defective so as to affect the Vessel's class, such defects shall be made good at the Sellers' expense to the satisfaction of the Classification Society without condition/recommendation*. b)**(i) The Vessel is to be delivered without drydocking. However, the Buyers shall have the right at their expense to arrange for an underwater inspection in clear water, at the place of delivery, by a diver approved by the Classification Society prior to the delivery of the Vessel. The Sellers shall at their cost make the Vessel available for such inspection, which a surveyor of the Classification Society shall attend. The Buyers representatives have the right to be present during the underwater inspection.. The extent of the inspection and theconditions under which it is performed shall be to the satisfaction of the Classification Society. If the conditions at the port place of delivery are unsuitable for such inspection, in the opinion of the diver, theSellers shall make the Vessel available at a suitable alternative place near to the delivery port place. (ii) If the rudder, propeller, bottom or other underwater parts below the deepest load line are found broken, damaged or defective so as to affect the Vessel's class, then unless repairs can be carried out afloat to the satisfaction of the Classification Society, the Sellers shall arrange for the Vessel to be drydocked at their expense for inspection by the Classification Society of the Vessel's underwater parts below the deepest load line, the extent of the inspection being in accordance with the Classification Society's rules. If the rudder, propeller, bottom or other underwater parts below the deepest load line are found broken, damaged or defective so as to affect the Vessel's class, such defects shall be made good by the Sellers at their expense to the satisfaction of the Classification Society without condition/recommendation*. In such event the Sellers are to pay also for the cost of the underwater inspection and the Classification Society's attendance. (iii) If the Vessel is to be drydocked pursuant to Clause 6 b) (ii) and no suitable dry- docking facilities are available at the port place of delivery, the Sellers shall take the Vessel to a port place where suitable drydocking facilities are available, whether within or outside the delivery range as per Clause 5 b). Once drydocking has taken place the Sellers shall deliver the Vessel at a port place within the delivery range as per Clause 5 b) which shall, for the purpose of this Clause, become the new port place of delivery. In such event the cancelling date provided for in Clause 5 b) shall be extended by the additional time required for the drydocking and extra steaming, but limited to a maximum of 14 running days. c) If the Vessel is drydocked pursuant to Clause 6 a) or 6 b) above (i) the Classification Society may require survey of the tailshaft system, the extent of the survey being to the satisfaction of the Classification surveyor. If such survey is not required by the Classification Society, the Buyers shall have the right to require the tailshaft to be drawn and surveyed by the Classification Society, the extent of the survey being in accordance with the Classification Society's rules for tailshaft survey and consistent with the current stage of the Vessel's survey cycle. The Buyers shall declare whether they require the tailshaft to be drawn and surveyed not later than by the completion of the inspection by the Classification Society. The drawing and refitting of the tailshaft shall be arranged by the Sellers. Should any parts of the tailshaft system be condemned or found defective so as to affect the Vessel's class, those parts shall be renewed or made good at the Sellers' expense to the satisfaction of the Classification Society without condition/recommendation *. (ii) the expenses relating to the survey of the tailshaft system shall be borne by the Buyers unless the Classification Society requires such survey to be carried out, in which case the Sellers shall pay these expenses. The Sellers shall also pay the expenses if the Buyers require the survey and parts of the system are condemned or found defective or broken so as to affect the Vessel's class*. (iii) the expenses in connection with putting the Vessel in and taking her out of drydock, including the drydock dues and the Classification Society's fees shall be paid by the Sellers if the Classification Society issues any condition/recommendation* as a result of the survey or if it requires survey of the tailshaft system. In all other cases the Buyers shall pay the aforesaid expenses, dues and fees. (iv) the Buyers' representative shall have the right to be present in the drydock, but without interfering with the work or decisions of the Classification surveyor. (v) the Buyers shall have the right to have the underwater parts of the Vessel cleaned and painted, and to carry out other works on the vessel, at their risk and expense without interfering with the Sellers' or the Classification surveyor's work, if any, and without affecting the Vessel's timely delivery. If, however, the Buyers' work in drydock is still in progress when the Sellers have completed the work which the Sellers are required to do, the additional docking time needed to complete the Buyers' work shall be for the Buyers' risk and expense. In the event that the Buyers' work requires such additional time, the Sellers may upon completion of the Sellers' work tender Notice of Readiness for delivery whilst the Vessel is still in drydock, provided that the vessel is in all other respects ready for delivery, and the Buyers shall be obliged to take delivery in accordance with Clause 3, whether the Vessel is in drydock or not and irrespective of Clause 5 b). * Notes, if any, in the surveyor's report which are accepted by the Classification Society without condition/recommendation are not to be taken into account. ** 6 a) and 6 b) are alternatives; delete whichever is not applicable. In the absence of deletions, alternative 6 a) to apply.

Appears in 1 contract

Samples: Memorandum of Agreement (Mc Shipping Inc)

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DRYDOCKING. Divers Inspection a)** The In connection with the deliver the Sellers shall place the Vessel vessel in drydock at the port of delivery for inspection by the Classification Society of the Vessel's bottom and other underwater parts below the deepest load line, the extent of the inspection being in accordance with the Classification Society's rulesSummer Load Line. If the rudder, propeller, bottom or other underwater parts below the deepest load line are Summer Load Line be found broken, damaged or defective defective, so as to affect the Vessel's vessel’s clean certificate of class, such defects shall be made good at the Sellers' expense to 1) satisfaction without qualification on such underwater parts. 2) Whilst the satisfaction of the Classification Society without condition/recommendation*. b)**(i) The Vessel vessel is to be delivered without drydocking. Howeverin drydock, and if required by the Buyers shall have or the right at their expense to arrange for an underwater inspection in clear water, at the place of delivery, by a diver approved by the Classification Society prior to the delivery of the Vessel. The Sellers shall at their cost make the Vessel available for such inspection, which a surveyor of the Classification Society shall attend. The Buyers representatives have the right to be present during the underwater inspection.. The extent of the inspection and theconditions under which it is performed shall be to the satisfaction of the Classification Society. If the conditions at the port place of delivery are unsuitable for such inspection, in the opinion of the diver, theSellers shall make the Vessel available at a suitable alternative place near to the delivery port place. (ii) If the rudder, propeller, bottom or other underwater parts below the deepest load line are found broken, damaged or defective so as to affect the Vessel's class, then unless repairs can be carried out afloat to the satisfaction representative of the Classification Society, the Sellers shall arrange for the Vessel to be drydocked at their expense for inspection by the Classification Society of the Vessel's underwater parts below the deepest load line, the extent of the inspection being in accordance with the Classification Society's rules. If the rudder, propeller, bottom or other underwater parts below the deepest load line are found broken, damaged or defective so as to affect the Vessel's class, such defects shall be made good by the Sellers at their expense to the satisfaction of the Classification Society without condition/recommendation*. In such event the Sellers are to pay also for the cost of the underwater inspection and the Classification Society's attendance. (iii) If the Vessel is to be drydocked pursuant to Clause 6 b) (ii) and no suitable dry- docking facilities are available at the port place of delivery, the Sellers shall take the Vessel to a port place where suitable drydocking facilities are available, whether within or outside the delivery range as per Clause 5 b). Once drydocking has taken place the Sellers shall deliver the Vessel at a port place within the delivery range as per Clause 5 b) which shall, for the purpose of this Clause, become the new port place of delivery. In such event the cancelling date provided for in Clause 5 b) shall be extended by the additional time required for the drydocking and extra steaming, but limited to a maximum of 14 running days. c) If the Vessel is drydocked pursuant to Clause 6 a) or 6 b) above (i) the Classification Society may require survey of the tailshaft system, the extent of the survey being to the satisfaction of the Classification surveyor. If such survey is not required by the Classification Society, the Buyers shall have the right to require the tailshaft to be drawn tail and surveyed by the Classification Society, the extent of the survey being in accordance with the Classification Society's rules for tailshaft survey and consistent with the current stage of the Vessel's survey cycle. The Buyers shall declare whether they require the tailshaft to be drawn and surveyed not later than by the completion of the inspection by the Classification Society. The drawing and refitting of the tailshaft shall be arranged by the Sellersshaft drawn. Should any parts of the tailshaft system same be condemned or found defective so as to affect the Vessel's vessel’s clean certificate to class, those parts it shall be renewed or made good at the Sellers' expense to the Classification Society’s satisfaction without qualification. The expenses of drawing and replacing the Classification Society without condition/recommendation *. (ii) the expenses relating to the survey of the tailshaft system tail and shaft shall be borne by the Buyers unless the Classification Society requires such survey the tail and shaft to be carried outdrawn (whether damaged or not), renewed or made good in which case event the Sellers shall pay these expenses. The Sellers shall also pay the expenses if the Buyers require the survey and parts of the system are condemned or found defective or broken so as to affect the Vessel's class*. (iii) the expenses in connection with putting the Vessel vessel in and taking her out of drydock, including the drydock dues and the Classification Society's Surveyor’s fees shall be paid by the Sellers if the rudder, propeller, bottom, other underwater parts below the Summer Loan Line or the tail and shaft be found broken, damaged or defective as aforesaid, or if the Classification Society issues any condition/recommendation* as a result of requires the survey tail end shaft to be drawn (whether damaged or if it requires survey of the tailshaft systemnot). In all other cases the Buyers shall pay the aforesaid expenses, dues and fees. (iv) During the above mentioned inspections by the Classification Society the Buyers' representative shall have the right to be present in the drydock, drydock but without interfering with the work or decisions Classification. Surveyors’ decisions. The Sellers shall bring the vessel to be drydock and from the drydock to the place of the Classification surveyor. (v) the Buyers shall have the right to have the underwater parts of the Vessel cleaned and painted, and to carry out other works on the vessel, delivery at their risk and expense without interfering with the Sellers' or the Classification surveyor's work, if any, and without affecting the Vessel's timely delivery. If, however, the Buyers' work in drydock is still in progress when the Sellers have completed the work which the Sellers are required to do, the additional docking time needed to complete the Buyers' work shall be for the Buyers' risk and own expense. In the event that the Buyers' work requires such additional time, the Sellers may upon completion of the Sellers' work tender Notice of Readiness for delivery whilst the Vessel is still in drydock, provided that the vessel is in all other respects ready for delivery, and the Buyers shall be obliged to take delivery in accordance with Clause 3, whether the Vessel is in drydock or not and irrespective of Clause 5 b). * Notes, if any, in the surveyor's report which are accepted by the Classification Society without condition/recommendation are not to be taken into account. ** 6 a) and 6 b) are alternatives; delete whichever is not applicable. In the absence of deletions, alternative 6 a) to apply.

Appears in 1 contract

Samples: Memorandum of Agreement (DryShips Inc.)

DRYDOCKING. Divers Inspection aFor the inspection by the Classification Society mentioned in (v) of the preamble of the Vessel’s bottom and other underwater parts below the summer lead line (“bottom and other underwater parts”)** The Sellers , the Seller shall place the Vessel in drydock at the port of delivery for inspection by the Classification Society of the Vessel's underwater parts below the deepest load line, the extent of the inspection being in accordance with the Classification Society's rulesor near thereto prior to delivery. If the rudder, propeller, bottom or other underwater parts below the deepest load line are be found broken, damaged or defective so as to affect the Vessel's ’s clean certificate of class, such defects the same shall be made good at the Sellers' expense to the Classification Society’s satisfaction of so as to retain the Classification Society Vessel’s class without condition/recommendation*qualification. b)**(i) The While the Vessel is to be delivered without drydocking. However, in drydock and if required by the Buyers shall have the right at their expense to arrange for an underwater inspection in clear water, at the place of delivery, by a diver approved by the Classification Society prior to the delivery of the Vessel. The Sellers shall at their cost make the Vessel available for such inspection, which a surveyor of the Classification Society shall attend. The Buyers representatives have the right to be present during the underwater inspection.. The extent of the inspection and theconditions under which it is performed shall be to the satisfaction of or the Classification Society. If the conditions at the port place of delivery are unsuitable for such inspection, in the opinion of the diver, theSellers shall make the Vessel available at a suitable alternative place near to the delivery port place. (ii) If the rudder, propeller, bottom or other underwater parts below the deepest load line are found broken, damaged or defective so as to affect the Vessel's class, then unless repairs can be carried out afloat to the satisfaction of the Classification Society’s surveyor, the Sellers shall arrange for the Vessel to be drydocked at their expense for inspection by the Classification Society of the Vessel's underwater parts below the deepest load line, the extent of the inspection being in accordance with the Classification Society's rules. If the rudder, propeller, bottom or other underwater parts below the deepest load line are found broken, damaged or defective so as to affect the Vessel's class, such defects tail-end shaft shall be made good by drawn, and should the Sellers at their expense to the satisfaction of the Classification Society without condition/recommendation*. In such event the Sellers are to pay also for the cost of the underwater inspection and the Classification Society's attendance. (iii) If the Vessel is to be drydocked pursuant to Clause 6 b) (ii) and no suitable dry- docking facilities are available at the port place of delivery, the Sellers shall take the Vessel to a port place where suitable drydocking facilities are available, whether within or outside the delivery range as per Clause 5 b). Once drydocking has taken place the Sellers shall deliver the Vessel at a port place within the delivery range as per Clause 5 b) which shall, for the purpose of this Clause, become the new port place of delivery. In such event the cancelling date provided for in Clause 5 b) shall be extended by the additional time required for the drydocking and extra steaming, but limited to a maximum of 14 running days. c) If the Vessel is drydocked pursuant to Clause 6 a) or 6 b) above (i) the Classification Society may require survey of the tailshaft system, the extent of the survey being to the satisfaction of the Classification surveyor. If such survey is not required by the Classification Society, the Buyers shall have the right to require the tailshaft to be drawn and surveyed by the Classification Society, the extent of the survey being in accordance with the Classification Society's rules for tailshaft survey and consistent with the current stage of the Vessel's survey cycle. The Buyers shall declare whether they require the tailshaft to be drawn and surveyed not later than by the completion of the inspection by the Classification Society. The drawing and refitting of the tailshaft shall be arranged by the Sellers. Should any parts of the tailshaft system same be condemned or found defective so as to affect the Vessel's ’s clean certificate of class, those parts it shall be renewed or made good at the Sellers' expense to the Classification satisfaction so as to retain the Vessel’s class without qualification. The cost of drawing and replacing the Classification Society without condition/recommendation *. (ii) the expenses relating to the survey of the tailshaft system tail end shaft shall be borne by the Buyers unless the Classification Society requires such survey the tail-end shaft to be carried outdrawn, made good or renewed. The expense of putting the Vessel in and taking her out of drydock and the drydock dues including the fee of the Classification Society’s surveyor shall be paid by the Buyers unless the rudder, propeller, bottom, other underwater parts of tail-end shaft be found broken, damaged or defective as aforesaid, in which case even the Sellers shall pay these expenses. The Sellers shall also pay the expenses if the Buyers require the survey and parts all costs of the system are condemned or found defective or broken so as to affect the Vessel's class*. (iii) the expenses in connection with putting transporting the Vessel in and taking her out of drydock, including to the drydock dues and from the Classification Society's fees shall be paid by drydock to the Sellers if the Classification Society issues any condition/recommendation* as a result place of the survey or if it requires survey of the tailshaft system. In all other cases the Buyers shall pay the aforesaid expenses, dues and fees. (iv) the Buyers' representative shall have the right to be present in the drydock, but without interfering with the work or decisions of the Classification surveyor. (v) the Buyers shall have the right to have the underwater parts of the Vessel cleaned and painted, and to carry out other works on the vessel, at their risk and expense without interfering with the Sellers' or the Classification surveyor's work, if any, and without affecting the Vessel's timely delivery. If, however, the Buyers' work in drydock is still in progress when the Sellers have completed the work which the Sellers are required to do, the additional docking time needed to complete the Buyers' work shall be for the Buyers' risk and expense. In the event that the Buyers' work requires such additional time, the Sellers may upon completion of the Sellers' work tender Notice of Readiness for delivery whilst the Vessel is still in drydock, provided that the vessel is in all other respects ready for delivery, and the Buyers shall be obliged to take delivery in accordance with Clause 3, whether the Vessel is in drydock or not and irrespective of Clause 5 b). * Notes, if any, in the surveyor's report which are accepted by the Classification Society without condition/recommendation are not to be taken into account. ** 6 a) and 6 b) are alternatives; delete whichever is not applicable. In the absence of deletions, alternative 6 a) to apply.

Appears in 1 contract

Samples: Safe Bulkers, Inc.

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DRYDOCKING. Divers Inspection a)** The In connection with the delivery the Sellers shall place the Vessel vessel in drydock at the port of delivery 44 for inspection by the Classification Society of the Vessel's bottom and other underwater parts below the deepest load line, the extent of the inspection being in accordance with the Classification Society's rulesSum- 45 mer Load Line. If the rudder, propeller, bottom or other underwater parts below the deepest load line are Summer Load 46 Line be found broken, damaged or defective defective, so as to affect the Vesselvessel's clean certificate of class, such 47 defects shall be made good at the Sellers' expense to 1) ______ 48 satisfaction without qualification on such underwater parts.2) ______ 49 Whilst the satisfaction vessel is in drydock, and if required by the Buyers or the representative of the Classification Society without condition/recommendation*. b)**(i) The Vessel is to be delivered without drydocking. However, the Buyers shall have the right at their expense to arrange for an underwater inspection in clear water, at the place of delivery, by a diver approved by the Classification Society prior to the delivery of the Vessel. The Sellers shall at their cost make the Vessel available for such inspection, which a surveyor of the Classification Society shall attend. The Buyers representatives have the right to be present during the underwater inspection.. The extent of the inspection and theconditions under which it is performed shall be to the satisfaction of the Classification Society. If the conditions at the port place of delivery are unsuitable for such inspection, in the opinion of the diver, theSellers shall make the Vessel available at a suitable alternative place near to the delivery port place. (ii) If the rudder, propeller, bottom or other underwater parts below the deepest load line are found broken, damaged or defective so as to affect the Vessel's class, then unless repairs can be carried out afloat to the satisfaction of the Classification Classifi- 50 cation Society, the Sellers shall arrange for the Vessel to be drydocked at their expense for inspection by the Classification Society of the Vessel's underwater parts below the deepest load line, the extent of the inspection being in accordance with the Classification Society's rules. If the rudder, propeller, bottom or other underwater parts below the deepest load line are found broken, damaged or defective so as to affect the Vessel's class, such defects shall be made good by the Sellers at their expense to the satisfaction of the Classification Society without condition/recommendation*. In such event the Sellers are to pay also for the cost of the underwater inspection and the Classification Society's attendance. (iii) If the Vessel is to be drydocked pursuant to Clause 6 b) (ii) and no suitable dry- docking facilities are available at the port place of delivery, the Sellers shall take the Vessel to a port place where suitable drydocking facilities are available, whether within or outside the delivery range as per Clause 5 b). Once drydocking has taken place the Sellers shall deliver the Vessel at a port place within the delivery range as per Clause 5 b) which shall, for the purpose of this Clause, become the new port place of delivery. In such event the cancelling date provided for in Clause 5 b) shall be extended by the additional time required for the drydocking and extra steaming, but limited to a maximum of 14 running days. c) If the Vessel is drydocked pursuant to Clause 6 a) or 6 b) above (i) the Classification Society may require survey of the tailshaft system, the extent of the survey being to the satisfaction of the Classification surveyor. If such survey is not required by the Classification Society, the Buyers shall have the right to require the tailshaft to be drawn and surveyed by the Classification Society, the extent of the survey being in accordance with the Classification Society's rules for tailshaft survey and consistent with the current stage of the Vessel's survey cycle. The Buyers shall declare whether they require the tailshaft to be drawn and surveyed not later than by the completion of the inspection by the Classification Society. The drawing and refitting of the tailshaft shall be arranged by the Sellerstail-end shaft drawn. Should any parts of the tailshaft system same be condemned 51 or found defective so as to affect the Vesselvessel's clean certificate of class, those parts it shall be renewed or made 52 good at the Sellers' expense to the Classification Society's satisfaction without qualification. 53 The expenses of drawing and replacing the Classification Society without condition/recommendation *. (ii) the expenses relating to the survey of the tailshaft system tail-end shaft shall be borne by the Buyers unless the 54 Classification Society requires such survey the tail-end shaft to be carried outdrawn (whether damaged or not), renewed or 55 made good in which case event the Sellers shall pay these expenses. 56 The Sellers shall also pay the expenses if the Buyers require the survey and parts of the system are condemned or found defective or broken so as to affect the Vessel's class*. (iii) the expenses in connection with putting the Vessel vessel in and taking her out of drydock, including the drydock dry - 57 dock dues and the Classification SocietySurveyor's fees shall be paid by the Sellers if the rudder, propeller, 58 bottom, other underwater parts below the Summer Load Line or the tail-end shaft be found broken, 59 damaged or defective as aforesaid or if the Classification Society issues any condition/recommendation* as a result of requires the survey tail-end shaft to be 60 drawn (whether damaged or if it requires survey of the tailshaft systemnot). In all other cases the Buyers shall pay the aforesaid expenses, dues 61 and fees. (iv) 62 During the above mentioned inspections by the Classification Society the Buyers' representative 63 shall have the right to be present in the drydock, drydock but without interfering with the work or decisions Classification Xxxxx- 64 yor's decisions. 65 The Sellers shall bring the vessel to the drydock and from the drydock to the place of the Classification surveyor. (v) the Buyers shall have the right to have the underwater parts of the Vessel cleaned and painted, and to carry out other works on the vessel, delivery at 66 their risk and expense without interfering with the Sellers' or the Classification surveyor's work, if any, and without affecting the Vessel's timely delivery. If, however, the Buyers' work in drydock is still in progress when the Sellers have completed the work which the Sellers are required to do, the additional docking time needed to complete the Buyers' work shall be for the Buyers' risk and own expense. In the event that the Buyers' work requires such additional time, the Sellers may upon completion of the Sellers' work tender Notice of Readiness for delivery whilst the Vessel is still in drydock, provided that the vessel is in all other respects ready for delivery, and the Buyers shall be obliged to take delivery in accordance with Clause 3, whether the Vessel is in drydock or not and irrespective of Clause 5 b). * Notes, if any, in the surveyor's report which are accepted by the Classification Society without condition/recommendation are not to be taken into account. ** 6 a) and 6 b) are alternatives; delete whichever is not applicable. In the absence of deletions, alternative 6 a) to apply.67

Appears in 1 contract

Samples: www.fleetle.com

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