Common use of EXTENT OF THE BUILDER’S LIABILITY Clause in Contracts

EXTENT OF THE BUILDER’S LIABILITY. The Builder shall be under no obligation with respect to defects of whatsoever nature and howsoever caused discovered after the expiration of the period of guarantee specified above. In no event shall the Builder be liable for any consequential loss, damages or expenses occasioned by or connected with any defect, nor for a loss of time in operating the Vessel due to repairs caused by any defect. The Builder shall under no circumstances be liable for defects in the Vessel, or any part of equipment thereof, caused by perils of the sea or rivers, or navigation, or fire, or normal wear and tear, or accidents at sea or elsewhere or by mismanagement, accident, negligence, wilful neglect, alteration or addition on the part of the Buyer, its employees or agents on or doing work on the Vessel including Vessel’s officers, crew, and passengers. Likewise, the Builder shall not be liable for defects in the Vessel or any part of equipment thereof, that are due to repairs which were made by others than the Builder or its representative at the discretion of the Buyer, as hereinabove provided, subject to the end of the first paragraph of Article 9(a) hereof. The liability of the Builder provided for in this Article shall be limited to defects directly caused by defective materials, construction miscalculation, faulty installation, poor workmanship, and/or negligent or other improper acts or omissions on the part of the Builder or its sub-contractors, as above provided. The Builder shall not be obliged to repair, nor be liable for damage to the Vessel or any part of the equipment thereof, which after delivery of the Vessel, is caused other than by the defects of the nature specified in Article 9 (a). The guarantees contained as hereinabove in this Article replace and exclude any other liability, guarantee, warranty and/or condition imposed or implied by law, customary, statutory or otherwise on the part of the Builder by reason of the construction and sale of the Vessel for and to the Buyer.