Common use of GUARANTEE OF MATERIAL AND WORKMANSHIP Clause in Contracts

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.

Appears in 5 contracts

Samples: Shipbuilding Contract (Danaos Corp), Shipbuilding Contract (Danaos Corp), Shipbuilding Contract (Danaos Corp)

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GUARANTEE OF MATERIAL AND WORKMANSHIP. The BUILDERBuilder, subject to Paragraph (c)(vi) of this Article, for the period of twelve (12) months from the date of delivery of the VESSEL Vessel to the BUYERBuyer, guarantees the VESSEL Vessel, painting and coatings thereof and her engine and engine, including all parts and equipment thereof that are manufactured or furnished or installed by the BUILDER Builder or its sub-contractors or its suppliers under this CONTRACT Contract (including the installation of Buyer’s supplies) against all defects which are directly due to faulty design, defective materials, construction miscalculation construction, miscalculation, faulty installation, poor workmanship and/or poor workmanship, or negligent or other improper acts or omissions on the part of the BUILDER Builder or its subcontractors subcontractors, provided reasons for such defects have not been caused by perils of the sea, rivers or navigationsnavigation, or by normal wear and tear, overloadingoverload, improper loading or stowage, corrosion of the materials other than related to lack of maintenanceif caused by the Buyer, fire, accidents at sea or elsewhereaccident, or by incompetence, mismanagement, negligence or wilful neglect or any by alteration or addition to by the VESSEL which has Buyer not previously been approved by the BUILDERBuilder. The BUILDER Builder will be responsible for all machinery or parts of machinery and all constructions which are supplied by sub-contractors and/or suppliers and/or manufacturers and will guarantee guarantees and warrants the above mentioned for a period of twelve (12) months on the basis as laid down specified in this Paragraph. Upon rectification of an item claimed under this guarantee, this item shall be covered Paragraph or for further twelve (12) months under such longer period as the same terms and conditions. However, this is limited to a maximum of Eighteen (18) months from Delivery Datemanufacturers and/or sub-contractors and/or suppliers thereof may provide.

Appears in 2 contracts

Samples: Shipbuilding Contract (Ardmore Shipping Corp), Shipbuilding Contract (Ardmore Shipping Corp)

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GUARANTEE OF MATERIAL AND WORKMANSHIP. The BUILDERBuilder, subject to Paragraph (c)(vi) of this Article, for the period of twelve (12) months from the date of delivery of the VESSEL Vessel to the BUYERBuyer, guarantees the VESSEL Vessel, painting and coatings thereof and her engine and engine, including all parts and equipment thereof that are manufactured or furnished or installed by the BUILDER Builder or its sub-contractors or its suppliers under this CONTRACT Contract (including the installation of Buyer’s supplies) against all defects which are directly due to faulty design, defective materials, construction miscalculation construction, miscalculation, faulty installation, poor workmanship and/or poor workmanship, or negligent or other improper acts or omissions on the part of the BUILDER Builder or its subcontractors sub-contractors, provided reasons for such defects have not been caused by perils of the sea, rivers or navigationsnavigation, or by normal wear and tear, overloadingoverload, improper loading or stowage, corrosion of the materials other than related to lack of maintenanceif caused by the Buyer, fire, accidents at sea or elsewhereaccident, or by incompetence, mismanagement, negligence or wilful neglect or any by alteration or addition to by the VESSEL which has Buyer not previously been approved by the BUILDERBuilder. The BUILDER Builder will be responsible for all machinery or parts of machinery and all constructions which are supplied by sub-contractors and/or suppliers and/or manufacturers and will guarantee guarantees and warrants the above mentioned for a period of twelve (12) months on the basis as laid down specified in this Paragraph. Upon rectification of an item claimed under this guarantee, this item shall be covered Paragraph or for further twelve (12) months under such longer period as the same terms and conditions. However, this is limited to a maximum of Eighteen (18) months from Delivery Datemanufacturers and/or sub-contractors and/or suppliers thereof may provide.

Appears in 2 contracts

Samples: Shipbuilding Contract (Ardmore Shipping Corp), Shipbuilding Contract (Ardmore Shipping Corp)

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