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.
Appears in 7 contracts
Samples: Construction Contract, Construction Contract (Danaos Corp), Construction Contract (Danaos Corp)
Extent of Builder’s Responsibility. (a) The BUILDER shall have no responsibility or liability for any other defect whatsoever in the VESSEL DRILLSHIP 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 DRILLSHIP to remedy such Defects.
(b) The BUILDER shall not be responsible for any defect in any part of the VESSEL DRILLSHIP which may, subsequently to delivery of the VESSELDRILLSHIP, have been replaced or repaired in any way by any other contractor unless the BUILDER has not objected the contractor to perform guarantee repairscontractor, or for any defect which have been caused or aggravated by omission or improper use and maintenance of the VESSEL DRILLSHIP on the part of the BUYER, its servants or agents or by ordinary wear and tear or by any other cause reason 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 DRILLSHIP by the BUILDER for and to the BUYER.
Appears in 4 contracts
Samples: Construction Contract (DryShips Inc.), Construction Contract (DryShips Inc.), Construction Contract (DryShips Inc.)
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 repairscontractor, 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.
Appears in 2 contracts
Samples: Shipbuilding and Construction Agreement (Stolt Nielsen S A), Shipbuilding and Construction Agreement (Stolt Nielsen S A)
Extent of Builder’s Responsibility. (a) The BUILDER shall have no responsibility or liability for any other defect defects whatsoever in the VESSEL than the Defects defects specified in Paragraph 1 of this Article. Nor the The BUILDER shall not in any circumstance circumstances be responsible or liable for any consequential or special losslosses, damage damages or expense including expenses including, but not limited to to, loss of time, loss of profit of or earning or demurrage directly or indirectly occasioned to the BUYER by reason of the Defects defects specified in Paragraph 1 of this Article or due to repairs or other works done to the VESSEL to remedy such Defectsdefects.
(b) The BUILDER shall not be responsible for any defect defects in any part of the VESSEL which may, may subsequently to delivery of the VESSEL, VESSEL have been replaced or repaired in any way repaired by any other contractor unless the BUILDER has not objected the contractor to perform guarantee repairscontractor, or for any defect 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 cause circumstances whatsoever beyond the control of the BUILDER.
(c) The guarantee contained as hereinabove herein above 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.
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Extent of Builder’s Responsibility. (a) The BUILDER shall have no responsibility or liability for any other defect whatsoever in the VESSEL DRILLSHIP 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 DRILLSHIP to remedy such Defects.
(b) The BUILDER shall not be responsible for any defect in any part of the VESSEL DRILLSHIP which may, subsequently to delivery of the VESSELDRILLSHIP, have been replaced or repaired in any way by any other contractor unless the BUILDER has not objected the contractor to perform guarantee repairscontractor, or for any defect which have been caused or aggravated by omission or improper use and maintenance of the VESSEL DRILLSHIP on the part of the BUYER, its servants or agents or by ordinary wear and tear or by any other cause reason 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 DRILLSHIP by the BUILDER for and to the BUYER.
Appears in 1 contract
Samples: Contract for Construction and Sale of a Drillsip (DryShips Inc.)