EXCESSIVE FUEL CONSUMPTION. (a) The CONTRACT PRICE shall not be affected or changed by reason of the fuel consumption of the VESSEL's main engine, as determined by the engine manufacturer's shop trial as per the SPECIFICATIONS being more than the guaranteed fuel consumption of the VESSEL's main engine, if such excess is not more than six per cent (6%) over the guaranteed fuel consumption.
(b) However, if the actual fuel consumption as determined by the shop trial is greater than the six percent (6%) over the guaranteed fuel consumption of the VESSEL's main engine, then the CONTRACT PRICE shall be reduced by U.S. Dollars Forty Five Thousand (US$ 45,000) for each full one per cent (1%) increase in fuel consumption in excess of the said six per cent (6%) increase in fuel consumption, with fractions of less than one per cent (1%) being regarded as a full one per cent (1%) of deficiency. However, unless the parties agree otherwise, the total amount of reduction from the CONTRACT PRICE shall not exceed the amount due to cover the excess of ten per cent (10%) over the guaranteed fuel consumption of the VESSEL's main engine at the rate of reduction as specified above.
(c) If such actual fuel consumption exceeds the guaranteed fuel consumption (shop trial) of the VESSEL's main engine by more than ten per cent (10%), the BUYER, at its option, may, subject to the BUILDER's right to effect alterations or corrections as specified in Article VI.5. hereof, reject the VESSEL and cancel this CONTRACT or may accept the VESSEL at a reduction in the CONTRACT PRICE as above provided for the ten per cent (10%) increase only.
EXCESSIVE FUEL CONSUMPTION. If the fuel consumption of any of the Vessel’s six main engines on the test bed using the fuel specified in Box 4C(vii) exceeds the figure stated in Box 4C(iv) the following shall apply:
(a) There shall be no adjustment of the Contract Price except to the extent provided in Sub-clause 9(b).
(b) If the excess fuel consumption for any engine is greater than the specified fuel consumption (including the tolerance set out in the Specifications) the Contract Price shall be reduced by the amount stated in Box 14(i) for each whole percentage for each engine as liquidated damages up to a maximum amount as stated in Box 14(ii). If the excess fuel consumption would entitle the Buyer to a reduction in the Contract Price greater than the maximum amount stated in Box 14(ii) (or more than [REDACTED] for one engine), the Buyer shall have the option to (i) accept the main engine(s) at a reduction in the Contract Price corresponding to the maximum amount stated in Box 14(ii), or (ii) reject the main engine(s) and require the Builder to rectify the deficiency and repeat the trial or replace the main engine(s) with one(s) that conforms to the requirements of the Contract, before the date on which sea trials are to be conducted. The time taken to rectify the deficiency and repeat the trial or replace the main engine(s) shall not be a Permissible Delay - the Buyer shall have the right to terminate the Contract for delay if/when the conditions in Clause 39(a)(iii) are fulfilled. The Buyer has the right to reject the main engine(s) as long as the excess fuel consumption would entitle the Buyer to a reduction in the Contract Price greater than the maximum amount stated in Box 14(ii) (or more than [REDACTED] for one engine).
EXCESSIVE FUEL CONSUMPTION. If the actual fuel consumption of the Main Engine as determined by shop test in manufacturer’s works, as per the Specifications, is greater than the Guaranteed Fuel Consumption, as specified and required under the provisions of this Contract and the Specifications, the BUYER may reject the Main Engine. The SELLER may then, at its option, either (i) rectify the deficiency in the Main Engine in order so that it complies with the requirements of the Contract and the Specifications or (ii) replace it with a Main Engine that does so comply.
EXCESSIVE FUEL CONSUMPTION. (a) The Contract Price of the VESSEL shall not be affected nor changed if the actual fuel consumption of the Main Engine, as determined by shop trial in manufacturer’s works, as per the Specifications, is greater than the guaranteed fuel consumption as specified and required under the provisions of this Contract and the Specifications if such actual excess is equal to or less than Five percent (5%).
(b) However, if the actual fuel consumption as determined by shop trial is greater than Five percent (5%) above the guaranteed fuel consumption then, the Contract Price shall be reduced by the sum of United States Dollars for each full one percent (1%) increase in fuel consumption in excess of the above said Five percent (5%) (fractions of one percent to be prorated).
(c) If as determined by shop trial such actual fuel consumption of the Main Engine is more than Ten percent (10%) in excess of the guaranteed fuel consumption, i.e. the fuel consumption exceeds , the BUYER may, subject to the SELLER’s right to effect replacement of a substitute engine or alterations of corrections as specified in the following sub-paragraph of Article III 3 (c) hereof, at its option, rescind or cancel this Contract by giving notice, in accordance with the provisions of Article X of this Contract and the terms of Article X Paragraph 2 and Paragraph 3 shall apply, or may accept the VESSEL at a reduction in the Contract Price by United States Dollars being the maximum. If as determined by shop trial such actual fuel consumption of the Main Engine is more than Ten percent (10%) in excess of the guaranteed fuel consumption, i.e. the fuel consumption exceeds , the SELLER shall notify the same to the BUYER and may investigate the cause of the non-conformity and the proper steps may promptly be taken to remedy the same and to make whatever corrections and alterations and / or re-shop trial test or tests as may be necessary to correct such non-conformity without extra cost to the BUYER. Upon completion of such alterations or corrections of such nonconformity, the SELLER shall promptly perform such further shop trial or trials or any other tests, as may be deemed necessary to prove the fuel consumption of the Main Engine’s conformity with the requirement of this Contract and the Specifications and if found to be satisfactory, give the BUYER notice by telefax confirmed in writing of such correction and as appropriate, successful completion accompanied by copies of such results, and the BUYER...
EXCESSIVE FUEL CONSUMPTION. (a) The Contract Price of the VESSEL shall not be affected nor changed if the actual fuel consumption of the Main Engine, as determined by shop trial in manufacturer's works, as per the Specifications, is greater than the Guaranteed Fuel Consumption as specified and required under the provisions of this Contract and the Specifications if such actual excess is equal to or less than six percent (6%).
(b) However, if the actual fuel consumption as determined by shop trial is greater than six percent (6%) above the Guaranteed Fuel Consumption then, the Contract Price shall be reduced by the sum of United States Dollars Sixty Thousand Only (US$60,000.00) for each full one percent (1%) increase in fuel consumption in excess of the above said six percent (6%) (fractions of one percent to be regarded as a full percent).
(c) If as determined by shop trial such actual fuel consumption of the Main Engine is more than ten percent (10%) in excess of the Guaranteed Fuel Consumption, i.e. the fuel consumption exceeds 175.01 gram/KW/hour, the BUYER may, subject to the BUILDER’s right to effect alternations of corrections as specified in the following sub-paragraph of Article III 3 (d) hereof, at its option, reject the VESSEL and rescind this Contract, in accordance with the provisions of Article X of this Contract or may accept the VESSEL at a reduction in the Contract Price by United States Dollars Two Hundred and forty Thousand (US$240,000.00) being the maximum.
EXCESSIVE FUEL CONSUMPTION. 2.3.1 - The BUILDER guarantees that the fuel consumption of each of the two (2) gas turbine generator sets at the test bed runs as stipulated in Article I.6 shall not exceed 242.2 grams per kW per hour. The Contract Price shall not be affected or changed if the actual fuel consumption of both generators is not greater than [ * ] above 242.2 grams per kW per hour.
EXCESSIVE FUEL CONSUMPTION. The Contract Price of the Vessel shall not be affected or changed if the fuel consumption of the main engine at the normal output during the shop trial, as determined in accordance with the Specifications, does not exceed three (3) percent above one hundred and sixty six point six grams per kilo watt per hour (166.6gr/kW/hr) at 42,700kW of main engine only on the basis of fuel oil of 42,700 kJ/kg in lower calorific value at 1.S.0. condition. In the event, however, that the fuel consumption exceeds three (3) percent, on the above specified conditions, the Contract Price shall be reduced, as liquidated damages by the sum of ****** for each full one (1) percent in excess of the above said three (3) percent. If the fuel consumption as above stated exceeds by seven (7) percent or more in excess of the above said three (3) percent, the Buyer at its option may accept the Vessel at a reduction in the Contract Price as above specified for a fuel consumption in excess of seven(7) percent above said three (3) percent, that is, at a total reduction of ******, or, subject to the provisions of Paragraph 4) of Article VII, may reject the Vessel and rescind this Contract, in which case the provisions in Paragraph 1) of this Article regarding the Buyer's rescission of the Contract shall be applied.
EXCESSIVE FUEL CONSUMPTION. (a) The Contract Price shall not be affected or changed, by reason of the fuel consumption of the main engine, as determined in accordance with the Specifications, being more than the Guaranteed Fuel Consumption, if such excess is not more than three percent (3%) over the Guaranteed Fuel Consumption.
(b) However, if such excess is more than three percent (3%), then, the Contract Price shall be reduced by deducting therefrom the amount of Seven Million One Hundred Thousand Japanese Yen (JPY7,100,000) for each one percent (1%) increase in fuel consumption above the aforesaid grace of three percent (3%) (fractions of one percent (1%) to be prorated). However, the maximum reduction in the Contract Price shall in no event be more than the amount in the case of an excess of eight percent (8%) over the aforesaid Guaranteed Fuel Consumption.
(c) If the fuel consumption of the main engine exceeds the Guaranteed Fuel Consumption by more than eight percent (8%), then, the Buyer shall have the option either to accept the Vessel at a maximum reduction in the Contract Price as above provided or to reject the Vessel and to rescind this Contract in accordance with provisions of Article X hereof as alternative to receiving the aforesaid liquidated damages.
EXCESSIVE FUEL CONSUMPTION. The Builder guarantees that the average fuel consumption of the 5 diesel engines at the test bed trial runs shall be 183 grams per kW (Kilowatt) per hour, using fuel oil which has a lower calorific value of 10,200 kcal per kg as stipulated in Article I.
EXCESSIVE FUEL CONSUMPTION. 2.3.1 The BUILDER guarantees that the fuel consumption of each of the two (2) gas turbine generator sets at the test bed runs as stipulated in Article I.6 shall not exceed 242.2 grams per kW per hour. The Contract Price shall not be affected or changed if the actual fuel consumption of both generators is not greater than [*] above 242.2 grams per kW per hour.
2.3.2 If the actual fuel consumption of either generator is over [*] greater than 242.2 grams per kW per hour, then, as sole compensation, the Contract Price shall be reduced by the sum of [*] for each full [*] increase in fuel consumption above said [*] (fractions of a percent to be prorated) for each generator. ------------ * TEXT OMITTED PURSUANT TO AN APPLICATION FOR AN ORDER FOR CONFIDENTIAL TREATMENT PURSUANT TO RULE 24b-2 UNDER THE SECURITIES AND EXCHANGE ACT OF 1934, AS AMENDED.
2.3.3 If such actual fuel consumption of either generator is more than [*] greater than 242.2 grams per kW per hour, then the SHIPOWNER may, at its option, as an alternative to receiving the above mentioned liquidated damages by way of Contract Price reduction, rescind this Contract in accordance with the provisions of and with the consequences provided for in Article XII.2
