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.
Appears in 3 contracts
Samples: Shipbuilding Contract (Seaspan CORP), Shipbuilding Contract (Seaspan CORP), Shipbuilding Contract (Seaspan CORP)
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 anyway 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.
Appears in 1 contract
Samples: Shipbuilding Contract (Seaspan CORP)
GUARANTEE OF MATERIAL AND WORKMANSHIP. (a) The BUILDER, for the period of twelve (12) months from the date of delivery and acceptance of the VESSEL to by the BUYER (the “Guarantee Period”)BUYER, 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 thereof that are manufactured, installed, supplied or furnished and/or incorporated by the BUILDER under this CONTRACT against all defects which are directly due to omissions, non-conformitiesdefective materials, defective materials or equipment, faulty design and/or performancedesign, construction miscalculations, miscalculation and/or poor workmanship (collectivelyworkmanship, provided such defects have not been caused after delivery and acceptance of the “Defects”)VESSEL by perils of the sea, rivers or navigation, 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 willful neglect or by alteration or addition by the BUYER not previously approved by the BUILDER unless such event was caused by an act or omission of 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 the Guarantee Period a period of twelve (12) months on the basis as laid down in this Article.
(b) Paragraph. The BUILDER shall pass guarantees repairs and/or replacements to the BUYER information about any claims VESSEL made under this guarantee for a further period of twelve (12) months from the date of such repair or replacement provided that the maximum period of guarantee shall not exceed eighteen (18) months in total from the date of delivery and acceptance of the VESSEL by the BUYER. The BUILDER agrees that upon the expiry of this guarantee it shall assign (to the extent to which it may validly do so) to the BUYER, all rights, title and interest that the BUILDER may have against subcontractors for Defect(s) in deliveries and to all guarantees or warranties given by the supplier of any of the appurtenances and materials used in the construction and/or operation of the VESSEL. The BUILDER agrees to render to the VESSELBUYER all reasonable assistance in making any claim or taking any action against any such supplier, without in any way diminishing the BUILDER’s guarantee as aforesaid.
(c) If the normal guarantee period stipulated by manufacturers which claim 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 action shall be made available to and/or taken at the BUYER’S sole expense. The BUYER shall meet all reasonable expenses incurred by the BUILDER without in rendering any additional cost assistance requested by the BUYER pursuant to the BUYERthis Paragraph.
Appears in 1 contract