Extent of Builder’s Responsibility. (a) The BUILDER shall have no responsibility or liability for any other defect whatsoever in the VESSEL than the Defects specified in Paragraph 1 of this Article. Nor the BUILDER shall in any circumstance be responsible or liable for any consequential or special loss, damage or expense including but not limited to loss of time, loss of profit of earning or demurrage directly or indirectly occasioned to the BUYER by reason of the Defects specified in Paragraph 1 of this Article or due to repairs or other works done to the VESSEL to remedy such Defects.
(b) The BUILDER shall not be responsible for any defect in any part of the VESSEL which may, subsequently to delivery of the VESSEL, have been replaced or repaired in any way by any other contractor unless the BUILDER has not objected the contractor to perform guarantee repairs, or for any defect which have been caused or aggravated by omission or improper use and maintenance of the VESSEL on the part of the BUYER, its servants or agents or by ordinary wear and tear or by any other cause beyond the control of the BUILDER.
(c) The guarantee contained as hereinabove in this Article replaces and excludes any other liability, guarantee, warranty and/or condition imposed or implied by the law, customary, statutory or otherwise, by reason of the construction and sale of the VESSEL by the BUILDER for and to the BUYER.
Extent of Builder’s Responsibility. (a) After delivery of the VESSEL the BUILDER shall have no responsibility for any other DEFECTS whatsoever in the VESSEL than the DEFECTS specified in paragraph 1 of this Article IX and Article VI. 5(d). The BUILDER shall have no liability whatsoever in any circumstances whatsoever to the BUYER or to any third party for anything except the cost of repairing the DEFECT itself. The BUILDER shall not in any circumstances be responsible or liable for any consequential or special losses, damages or expenses including, but not limited to, loss of time, loss of profit or earning or demurrage directly or indirectly occasioned to the BUYER or any third party by reason of the DEFECTS specified in paragraph 1 of this Article or due to repairs or other works done to the VESSEL to remedy such DEFECTS or any other consequential or special losses, damages or expenses related to any liability, cost or expense whatsoever or howsoever arising in connection with any damage to the VESSEL or to any cargo or to any other property owned by the BUYER or any third party caused as a result of the DEFECT and after delivery the BUYER shall hold the BUILDER harmless and indemnify the BUILDER against any such claim from the BUYER or any third party whatsoever in respect of any such matters and in respect of any other claims relating to the VESSEL for which the BUILDER does not expressly give an warranty to the BUYER under this Article.
(b) The BUILDER shall not be responsible for any DEFECTS in any part of the VESSEL which may subsequent to delivery of the VESSEL have been replaced or in any way repaired by any persons other than the BUILDER and/or its nominated sub-contractors, or for any DEFECTS which have been caused or aggravated by omission or improper use and maintenance of the VESSEL on the part of the BUYER, its servants or agents or by ordinary wear and tear or by any other circumstances beyond the control of the BUILDER.
(c) The guarantee contained as hereinabove in this Article replaces and excludes any other liability, guarantee, warranty and/or condition whether expressly set out in this CONTRACT or imposed or implied by the law, customary, statutory or otherwise, by reason of the construction and sale of the VESSEL by the BUILDER for and to the BUYER. Any major parts or materials (including painting or coating) replaced during the Guarantee Period under Paragraph 1 of this Article shall be guaranteed for a further twelve (12) months, but not more than eighteen (18) months...
Extent of Builder’s Responsibility. (a) Builder shall have no responsibility or liability whatsoever for or in relation to any defects in the Vessel other than the defects specified and guaranteed against in Article IX.1, and Builder shall not be liable in any circumstances whatsoever for any liability or loss other than the relevant cost of remedying the defect or any other consequential or special losses, damages or expenses including, but not limited to, loss of time, loss of profit or earnings or demurrage directly or indirectly occasioned to Buyer by reason of the defects specified in Article IX.1 or owing to repairs or other works done to the Vessel to remedy such defects.
(b) Builder shall not be responsible for any defects in any part of the Vessel which may subsequent to delivery of the Vessel have been replaced or in any way repaired by any other contractors (except those approved by Builder), nor for any defect which has been caused by omission or improper use and maintenance of the Vessel on the part of Buyer, its servants or agents or by ordinary wear and tear or by perils of the sea, rivers or navigations or by accidents or fire or by any other circumstances whatsoever beyond the control of Builder.
(c) The undertakings contained in this Article replace and exclude any other liability, guarantee, warranty and/or condition imposed or implied by the law, customary, statutory or otherwise, by reason of the construction and/or sale of the Vessel by Builder for and to Buyer.
Extent of Builder’s Responsibility. (a) The BUILDER shall have no responsibility or liability for any defects whatsoever in the VESSEL other than the defects specified in this Article. Nor shall the BUILDER in any circumstances be responsible or liable for any consequential or special losses, damages or expenses including, but not limited to, loss of time, loss of profit or earnings directly or indirectly occasioned to the BUYER due to the defects specified in this Article or due to repairs or other works done to the VESSEL to remedy such defects.
(b) The BUILDER shall not be responsible for any defects in any part of the VESSEL which have been caused subsequent to delivery of the VESSEL by any replacement or repair work performed by any other contractor, or for any defects to the extent the same have been caused by use in excess of specified design limitations or improper maintenance of the VESSEL on the part of the BUYER, its servants or agents or by ordinary wear and tear.
(c) Subject always to the terms of Article XV, the warranty contained hereinabove in this Article replaces and excludes any other liability, guarantee, warranty and/or condition imposed or implied by the law, customary, statutory or otherwise, by reason of the construction and sale of the VESSEL by the BUILDER for and to the BUYER.
Extent of Builder’s Responsibility. Assignment
Extent of Builder’s Responsibility. (a) The liability of the Builder under this provision shall be limited to defects directly caused by defective design and/or material and/or workmanship as above provided. If the defect has led to damage to the Vessel or any part thereof, the repair obligation is limited to the repair or renewal of the defective part and/or of the Vessel's part or parts that has (have) been damaged as a direct and immediate consequence of the defect.
(b) The Builder shall be under no obligation with respect to defects discovered after the expiration of the period of guarantee specified above nor in any event shall the Builder be liable for any consequential damage or expense occasioned by any defect or for any loss of time in operating the Vessel or for any loss of time due to repair, or both, caused by any defect.
(c) In no event shall there be any liability for defects in the Vessel, or any part or equipment thereof, caused by perils of the sea, rivers or navigation or normal wear and tear or fire or accidents at sea or elsewhere or by mismanagement, accidents, negligence, willful neglect, alteration or addition on the part of the Buyer, its employees or agents or any person other than employees or agents of the Builder, on or doing work on the Vessel, including the Vessel's officers, crew and passengers.
(d) Likewise, the Builder shall not be liable for defects in the Vessel or any part or equipment thereof that are due to repairs which were made at the direction of the Buyer as hereinabove provided unless such repairs were made by the Builder or with the approval of the Builder.
Extent of Builder’s Responsibility. Save as provided for in this Article, the Builder shall have no responsibility whatsoever for Defects or the consequences thereof (including, without limitation, any direct or indirect loss of any type) that are discovered or occur after the Delivery and Acceptance of the Vessel.
Extent of Builder’s Responsibility. 1. Builder shall have no responsibility or liability for any other defects whatsoever in the Units other than the defects specified in Paragraph A of this Article. Nor shall Builder in any circumstances be responsible or liable for [**].
2. Builder shall not be responsible for any defects in any part of the Units which were, subsequent to delivery of the Units replaced or in any way repaired by any other contractor, or for any defects which have been caused or aggravated by omission or improper use and maintenance of the Units on the part of Buyer, its servants or agents or by ordinary wear and tear, the negligence or abuse of Buyer or the Unit’s crew or by any other circumstances whatsoever beyond the control of Builder.
3. The warranty contained in this Article replaces and excludes any other liability, guarantee, warranty and/or condition imposed or implied by the law, statutory or otherwise, by reason of the construction and sale of the Units for and to Buyer. BUILDER MAKES NO FURTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS OF THE UNITS, THEIR MACHINERY OR EQUIPMENT FOR A PARTICULAR PURPOSE, AND ALL SUCH FURTHER WARRANTIES ARE EXPRESSLY EXCLUDED. FURTHERMORE, BUILDER SHALL HAVE NO LIABILITY UNDER ANY CIRCUMSTANCES FOR MANUFACTURER’S STRICT LIABILITY IN CONNECTION WITH THE DESIGN, MANUFACTURE OR SALE OF THE UNITS.
Extent of Builder’s Responsibility. (a) Notwithstanding any other provisions of this Clause 10, the Parties agree that any defects (other than those affecting the Ice Coating or the performance of the Vessel during the Ice Trials which are to be rectified prior to commencement of the Ice Trials) in the Vessel discovered by Buyer between Initial Acceptance and Final Delivery shall be covered by the provisions of this Clause 10.
(b) Builder shall have no responsibility for any defects whatsoever in the Vessel other than the defects specified in this Clause. Nor shall Builder in any circumstances be responsible or liable for any (i) consequential or special losses, damages or expenses and, (ii) loss of time, loss of profit or earning or demurrage, directly or indirectly occasioned to Buyer by reason of the defects specified in this Clause.
(c) Builder shall not be responsible for any defects in any part of the Vessel which may subsequent to Final Delivery have been replaced or in any way repaired by any other contractor (other than repairs or replacements made pursuant to Clause 10.5(b)), or for any defects which have been caused or aggravated by omission or improper use and maintenance of the Vessel on the part of Buyer, its servants or agents or by ordinary wear and tear.
(d) The guarantee contained as hereinabove in this Clause replaces and excludes any other liability, guarantee, warranty and/or condition imposed or implied by the law, customary, statutory or otherwise, by reason of the construction and sale of the Vessel by Builder for and to Buyer.
Extent of Builder’s Responsibility. (a) The BUILDER shall have no responsibility or liability for any defects whatsoever in the VESSEL other than the defects specified in this Article. Nor shall the BUILDER in any circumstances be responsible or liable for any consequential or special losses, damages or expenses including, but not limited to, loss of time, loss of profit or earnings directly or indirectly
