Fuel Consumption Clause Samples

Fuel Consumption. 11.1. Fuel consumption varies according to Vehicle type, driving conditions, usage of air-conditioning and the way the Vehicle is driven. All Vehicles are serviced and mechanically fit at the beginning of every hire and as such our Vehicles are fuel efficient. Condor Campers does not refund any hire costs related to excess fuel consumption.

Fuel Consumption. The BUILDER shall have no liability for the fuel consumption except for such guarantees and undertakings as may be given by the main engine supplier, which shall be assigned to the BUYER.

Fuel Consumption. (a) The Contract Price shall not be affected or changed by reason of the actual specific fuel consumption of the Vessel’s main engine, as determined by a shop trial of the engine manufacturer according to the Specifications, exceeding the guaranteed specific fuel consumption of the Vessel’s main engine, if such excess is not more than five percent (5%) of the guaranteed specific fuel consumption in the conditions as set out in the Specifications. (b) If the actual specific fuel consumption exceeds five percent (5%) over the guaranteed specific fuel consumption of the Vessel’s main engine, the Contract Price shall be reduced by the sum of United States Dollars One Hundred Twenty Thousand only (USD120,000.-) for each full one percent (1%) increase in specific fuel consumption above said five percent (5%), fractions of less than 1% shall be regarded as a full one percent (1%), up to a maximum of nine percent (9%) above the guaranteed specific fuel consumption of the Vessel’s main engine. (c) If the actual specific fuel consumption exceeds nine percent (9%) above the guaranteed specific fuel consumption of the Vessel’s main engine, Buyer may, at its option and subject to the Builder’s right to effect alterations or corrections as specified in ARTICLE V of the Contract, reject the Vessel in accordance with Article VI.4 and terminate this Contract in accordance with the provisions of Article X, or accept the Vessel with a total reduction in the Contract Price of United States Dollars Four Hundred Eighty Thousand only (USD480,000.-).

Fuel Consumption. The specific fuel consumption of the main engine, when operating on, using corrected to a lower (net calorific value of 42,707 KJ / kg in accordance with I.S.O. — 3046/I ambient conditions and without attached pumps shall not exceed : 185gm/kWh with 5% tolerance.

Fuel Consumption. (a) The Original 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 Date: 13th November, 2013 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 Original Contract Price shall be reduced by the sum of United States Dollars Fifty Thousand only (USD50,000.00) for each one percent (1%) increase in fuel consumption in excess of the above said five percent (5%) (fractions of each 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 including permissible margin, the BUYER may, subject to the SELLER’s right to effect alterations or corrections, 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 Original Contract Price in the maximum amount of United States Dollars Two Hundred and Fifty Thousand Only (USD 250,000.00).

Fuel Consumption. Fuel consumption varies according to vehicle type, driving conditions and the how the vehicle is driven. Campervan Village Campervans run approx 6-12km/ L (subject to wind conditions and speed). All vehicles are serviced and mechanically fit at the beginning of every hire and as such our vehicles are fuel efficient. Campervan Village does not refund any hire costs related to excess fuel consumption.

Fuel Consumption. Fuel consumption will be measured for both the baseline engine (without the control system installed) and the engine with the control system installed to determine the effect of the technology on fuel consumption. The engine fuel consumption measurements will be made at maximum power at rated conditions and at peak torque at intermediate speed. Results of multiple tests, if available, will be averaged. The averaged results of multiple tests will be reported as a fractional increase or decrease relative to the baseline engine. Also reported will be fuel economy and BSFC from testing by the applicable FTP.

Fuel Consumption. The parties recognize that Owner will be damaged by an increase in fuel consumption above that which was guaranteed by Builder in the Contract Documents. Because such damages are difficult to ascertain, the parties agree that, in lieu of any other damages or claims arising in connection with the fuel consumption of the Unit, the following provisions shall apply: (i) The guaranteed total per diem average fuel consumption for main propulsion power only (calculated in accordance with Exhibit “H” attached hereto), excluding generators is 7,950 US Gallons Heavy Fuel Oil 380 cSt/50 deg C, and a fuel net calorific heat value of 42,700 kilojoules per kilogram, (in accordance with engine manufacturer’s specifications used for testing and developing performance curves). This rate of consumption is based on an average speed of twelve (12) knots (or lesser speed if a speed deficiency cannot be corrected by Builder) in the average of the optimally ballasted and loaded condition (0.86 specific gravity cargo) in a Beaufort Scale Force 5 condition. (ii) If, however, a Unit’s fuel consumption exceeds the guaranteed rate, or the adjusted rate as necessary for EPA Tier 2 modifications, by more than two hundred (200) gallons per day and it is proven that the Owner Furnished Engines are performing in accordance with the engine manufacturer’s published specific fuel consumption value, including tolerances current at the effective date of this Contract, Builder shall pay to Owner the sum of TEN THOUSAND DOLLARS AND NO CENTS (US$10,000.00) per each one percent (1%) above the guaranteed amount Not to exceed FIFTY THOUSAND DOLLARS AND NO CENTS (US$50,000.00). Owner’s right to such liquidated damages set forth in this Article shall be Owner’s sole and exclusive remedy for breach of the Performance Warranties set forth herein.

Fuel Consumption. The Builder shall have no liability for the fuel consumption except for such guarantees and undertakings as given by the main engine supplier and attached as Appendix VII, which shall be assigned to the Buyer If the actual fuel consumption of one or more of the engine(s) at [*],[*], as measured on test bed by the test cell power measurement system with a [*], as per Appendix VII, exceeds the figure(s) stipulated in Article II clause 2 (as further set out in Appendix VII), the Original Contract Price shall be reduced as described in Appendix VII. If the fuel consumption of one or more of the Vessel’s main engines exceeds the fuel consumption stipulated in Article II clause 2 as further described in Appendix VII, by [*] or more, the Buyer may, at its option, either: (i) in lieu of a reduction of the Contract Price as set out in Appendix VII, reject such engine(s) as exceeds the respective limit set out herein and receive new [*] engine(s) in compliance with the fuel consumption stipulated in Article II clause 2; or (ii) accept the relevant engine(s) as exceeds the respective limit set out herein at a reduction in the Original Contract Price corresponding to the maximum amount referred to in Appendix VII for the relevant engine(s) (being [*]. If the Buyer rejects one or more of the engine(s) pursuant to (i) above, any delay in the delivery of the Vessel resulting directly from the need to replace the Vessel’s main engine(s) shall be treated as a Permissible Delay in accordance with Article IX hereof.