GUARANTEE OF MATERIAL AND WORKMANSHIP. The BUILDER, for the period of twelve (12) months from the date of delivery of the VESSEL to the BUYER, guarantees the VESSEL and all parts and equipment thereof that are manufactured or furnished or supplied by the BUILDER and/or its subcontractors under this CONTRACT against all defects which are due to defective materials, faulty design, poor workmanship and/or defective equipment, provided such defects have not been caused by perils of the sea, rivers or navigations, or by normal wear and tear, or by incompetence, mismanagement, negligence or wilful neglect of the BUYER, its employees or agents, or by fire or accidents at sea not themselves caused by defective materials, faulty design, poor workmanship and/or defective equipment. The BUILDER, for a further period of twelve (12) months in addition to the twelve (12) month period stipulated above, guarantees the main engine of the VESSEL, against all defects which are due to defective materials, faulty design, poor workmanship and/or defective equipment. Furthermore, for any item replaced or repaired, or any problem rectified in accordance with this Article, the BUILDER shall guarantee the aforementioned item(s) for a period of twelve (12) months from the date of completion or such repair or replacement, provided that such extended warranty period shall not exceed thirty-six (36) months in total from the actual date of delivery of the VESSEL.
GUARANTEE OF MATERIAL AND WORKMANSHIP. The BUILDER, for the period of twelve (12) months from the date of delivery of the VESSEL to the BUYER, guarantees the VESSEL and her engine and all parts and equipment thereof that are manufactured or furnished by the BUILDER under this CONTRACT against all defects which are directly due to faulty design, defective materials, construction miscalculation and/or poor workmanship, or negligent or other improper acts or omissions on the part of the BUILDER or its subcontractors provided such defects have not been caused by perils of the sea, rivers or navigations, or by normal wear and tear, overloading, improper loading or stowage, corrosion of the materials other than related to lack of maintenance, fire, accidents at sea or elsewhere, or by incompetence, mismanagement, negligence or wilful neglect or any alteration or addition to the VESSEL which has not previously been approved by the BUILDER. The BUILDER will be responsible for all machinery or parts of machinery and all constructions which are supplied by sub-contractors and will guarantee the above mentioned for a period of twelve (12) months on the basis as laid down in this Paragraph. Upon rectification of an item claimed under this guarantee, this item shall be covered for further twelve (12) months under the same terms and conditions. However, this is limited to a maximum of Eighteen (18) months from Delivery Date.
GUARANTEE OF MATERIAL AND WORKMANSHIP. (a) The BUILDER, for the period of twelve (12) months from the date of delivery of the VESSEL to the BUYER (the “Guarantee Period”), guarantees the VESSEL in her entirety and all parts and equipment thereof, including but without prejudice to the generality of the foregoing, the VESSEL’s design and all materials and parts manufactured, installed, furnished and/or incorporated by the BUILDER under this CONTRACT against all defects which are due to omissions, non-conformities, defective materials or equipment, faulty design and/or performance, construction miscalculations, and/or poor workmanship (collectively, the “Defects”). The BUILDER will be responsible for all machinery or parts of machinery and all constructions which are supplied by sub-contractors and will guarantee the above mentioned for the Guarantee Period on the basis as laid down in this Article.
(b) The BUILDER shall pass to the BUYER information about any claims that the BUILDER may have against subcontractors for Defect(s) in deliveries to the VESSEL, without in any way diminishing the BUILDER’s guarantee as aforesaid.
(c) If the normal guarantee period stipulated by manufacturers or suppliers of any components of machinery, materials, equipment, appurtenances or outfit furnished to the BUILDER and embodied in the VESSEL exceeds the Guarantee Period, the benefits of such extended guarantee rights shall be made available to the BUYER by the BUILDER without any additional cost to the BUYER.
GUARANTEE OF MATERIAL AND WORKMANSHIP. Subject to the provisions hereinafter set out, the SELLER hereby give a warranty against, and undertake to remedy or replace, free of charge to BUYER, any defects in the VESSEL, which are due to defective material and/or improper workmanship and/or faulty design or construction and/or miscalculation on the part of SELLER and/or its subcontractors and/or its employees and/or its agents or any other improper acts or omissions on the part of the SELLER and/or its subcontractors, provided that the defects shall have been discovered during a period of twelve (12) months after the actual Delivery Date (the “Warranty Period”) and provided that notice thereof shall have been duly given to SELLER as prescribed below. For the purpose of this Article, the VESSEL shall include, but are not limited to, her hull, machinery, engine, equipment and all parts and gear manufactured or furnished or supplied by the SELLER and/or the SELLER’s subcontractors, but excludes any parts for the VESSEL which have been supplied by the BUYER.
GUARANTEE OF MATERIAL AND WORKMANSHIP. Subject to the provisions hereinafter set forth, the SELLER undertake to remedy, free of charge to the Buyer, any defects in the VESSEL which are due to defective materials including major and minor equipment and/or poor workmanship on the part of the SELLER provided that (a) defects are discovered within a period of twelve (12) months after the date of delivery of the VESSEL and a notice thereof is duly given to the Seller as provided under Paragraph 2 of this Article; and (b) such defects have not been caused by perils of the sea, rivers or navigation, or by ordinary wear and tear, overload, improper loading or stowage, corrosion of the materials if caused by the BUYER’s, fire, accident, incompetence, mismanagement, negligence or willful neglect or by alteration or addition by the BUYER not previously approved by the SELLER. For the purpose of this Article, the VESSEL shall include her hull, machinery, equipment and gear, but excludes any parts of the VESSEL which have been supplied by or on behalf of the BUYER.
GUARANTEE OF MATERIAL AND WORKMANSHIP. The BUILDER, for the period of twelve (12) months from the date of delivery of the VESSEL to the BUYER, guarantees the VESSEL and all its parts, machinery and equipment thereof against all defects which are directly due to defective designs, materials, construction miscalculation and/or poor workmanship, provided such defects have not been caused by perils of the sea, rivers or navigations, or by normal wear and tear, overloading, improper loading or stowage, normal corrosion of the unprotected materials, fire, accident, incompetence, mismanagement, negligence or willful neglect or by alteration or addition by the BUYER not previously approved by the BUILDER. To the extent that any warranty or guarantee provided by any sub-contractor or supplier is of wider scope or remains in effect after the expiry of the twelve (12) month period laid down in this paragraph, such warranty or guarantee shall, on such expiry, be assigned to the BUYER.
GUARANTEE OF MATERIAL AND WORKMANSHIP. The BUILDER for the period of [***] months from the date of delivery of the VESSEL to the BUYER (such period, subject as further provided in this Article X the "Guarantee Period"), guarantees the VESSEL and all parts and equipment thereof against all defects which are directly due to defective design, materials, construction miscalculation and/or poor workmanship or omitted work. The BUILDER shall be entitled to perform its guarantee obligations under this Article through its affiliate company, Hyundai Global Service Co., Ltd. (hereinafter called "HGS") provided that (i) the BUILDER shall be jointly and severally liable with HGS for the performance of the guarantee obligations, (ii) the BUILDER shall procure that HGS performs the guarantee obligations promptly and in accordance with this Article X and (iii) if HGS shall cease to exist or operate, any notice to be given to HGS may instead by given to the BUILDER. For the avoidance of doubt, and without limiting the above, the BUILDER and HGS will be responsible for, and the guarantee obligations under this Article X extend to, all machinery or parts of machinery and all constructions which are supplied by subcontractors on the terms set out in this Article X. The guarantee obligations also apply to any defect in any repair, remedy or replacement effected by the BUILDER or HGS, and the Guarantee Period in respect of such repair, remedy or replacement shall end on the later of (i) [***] months after delivery of the VESSEL to the BUYER and (ii) [***] months after the completion of the repair, remedy or replacement, provided that the Guarantee Period shall not extend beyond [***] months from delivery of the VESSEL to the BUYER[***]. .. Without prejudice to any other rights the BUYER may have under this CONTRACT, following the expiry of the Guarantee Period, the BUILDER shall assign (to the extent to which it may validly do so, having used all reasonable efforts to procure that it may validly do so) to the BUYER, or as the BUYER may direct, the right, title and interest of the BUILDER in and to all residual guarantees or warranties given by the sub-contractors or suppliers of any of the materials or equipment used in the construction of the VESSEL.
GUARANTEE OF MATERIAL AND WORKMANSHIP. (a) The SELLER guarantees the VESSEL, her hull and machinery and all accessories, parts and equipment thereof that are manufactured or furnished or supplied by the BUILDER’s shipyard and/or subcontractors under this Contract, against all defects which are due to defective materials, and/or poor workmanship and/or inadequate or faulty design and/or constructional miscalculation on the part of the BUILDER’s shipyard and/or its subcontractors and which are discovered within a period of twelve (12) months following delivery to and acceptance by the BUYER of the VESSEL. This warranty includes any defects notified in writing by the BUYER on the VESSEL’s delivery due to such causes but excludes faults in design and construction where the BUILDER has altered the design and construction of the VESSEL as a result of calculations and plans provided by the BUYER.
(b) Replacement and repairs carried out by the SELLER under the guarantee shall be subject to guarantee in accordance with this Article IX, provided that the guarantee period in respect of such replacements and repairs shall start at the date of completion thereof and provided that the total guarantee period shall never exceed a period of Eighteen (18) months after delivery to and acceptance by the BUYER of the VESSEL.
GUARANTEE OF MATERIAL AND WORKMANSHIP. The BUILDER, for the period of twelve (12) months from the date of delivery of the VESSEL to the BUYER, guarantees the VESSEL and all parts and equipment thereof that are manufactured or furnished by the BUILDER under this CONTRACT against all defects which are directly due to defective materials, construction miscalculation and/or poor workmanship, provided such defects have not been caused by perils of the sea, rivers or navigations, or by normal wear and tear, overloading, improper loading or stowage, corrosion of the materials, fire, accidents at sea or elsewhere, or by incompetence, mismanagement, negligence or wilful neglect or any alteration or addition to the VESSEL which has not previously been approved by the BUILDER and provided that the cost of repairs of such defects is not recoverable from insurers. The BUILDER will be responsible for all machinery or parts of machinery and all constructions which are supplied by sub-contractors and will guarantee the above mentioned for a period of twelve (12) months on the basis as laid down in this Paragraph. The BUILDER further guarantee any repairs or replacements to the VESSEL made within the Guarantee Period of twelve (12) months by it pursuant to this Article IX for an independent period of twelve (12) months from the date of completion of such repairs or replacements provided that the total accumulated period of guarantee shall not exceed eighteen (18) months from the date of delivery of the VESSEL.
GUARANTEE OF MATERIAL AND WORKMANSHIP. The SELLER, for a period of months following delivery to the BUYER of the VESSEL, guarantees the VESSEL, her hull and machinery and all parts and equipment thereof that are manufactured or furnished or supplied by the SELLER and/or its sub-contractors (and, for the avoidance of doubt, its employees and/or agents) under this Contract including material, equipment (however excluding any parts for the VESSEL which have been supplied by or on behalf of the BUYER) against all defects which are due to defective materials, faulty design and/or poor workmanship. Notwithstanding the above, in the event that within the guarantee period of months any remedies are carried out or replacements are provided by the BUILDERS and/or its subcontractors, the guarantee period in respect to such repairs or replacements shall be extended for the period of months from the date upon which the same are carried out, provided that the total accumulated period of guarantee shall not exceed months from the date of delivery of the VESSEL.
