Common use of Inspection by Representative Clause in Contracts

Inspection by Representative. The necessary inspection of the VESSEL shall be carried out by the BUYER's Representative, the Classification Society, other regulatory bodies and the inspection team of the BUILDER throughout the entire period of construction, in order to ensure that construction of the VESSEL is duly performed in accordance with this Contract and the Specifications. During construction of the VESSEL the Representative shall have the right to inspect all work in process, wherever in the BUILDER's facilities, or any of BUILDER's subcontractors' facilities, and to attend all tests and inspections of the VESSEL. The BUILDER's quality inspection organization shall not report directly to BUILDER's engineering or production organizations, and shall have a direct line of responsibility to BUILDER's executive management. The BUILDER shall give notice to the Representative at least one working day (24 hours) in advance of the date and place of such tests and inspections to be attended by him. Failure of the Representative to be present at such tests and inspections, without justifiable reason, after due notice to him as above provided shall be deemed to be a waiver of his right to be present. In such case, the BUYER shall be obligated to accept the results of such tests or inspections on the basis of the BUILDER's certificate, subject to any required approval of the Classification Society. Notwithstanding any provision to the contrary in this Contract, the presence or absence of BUYER's Representative from any such tests or inspections shall not serve to eliminate or reduce the obligations of the BUILDER elsewhere contained in this Contract. In the event that the Representative discovers any construction or material or workmanship which is not deemed to conform to the requirements of this Contract and/or the Specifications, the Representative shall promptly give the BUILDER notice in accordance with Article XXII as to such nonconformity. Upon receipt of such notice from the Representative, the BUILDER shall promptly correct such nonconformity. In all working hours during the construction of the VESSEL until delivery thereof, the Representative and his assistants shall be given free and ready access to the VESSEL, its equipment and accessories, and to any other place where work is being done or materials are being processed or stored in connection with the construction of the VESSEL, including the yards, workshops, stores and offices of the BUILDER, and the premises of subcontractors of the BUILDER who are doing work or storing materials in connection with the VESSEL's construction. If the BUILDER's Quality Assurance and Quality Control is found to miss a number of major discrepancies during the construction, the BUYER may as it may deem appropriate supplement the Quality Control coverage by contracting for an independent service. BUILDER shall be obligated to pay for all costs for the third party services and shall make necessary corrections or repairs to the construction for discrepancies discovered by the independent third party as if the discrepancies were found by BUILDER's own Quality Assurance and Quality Control organization.

Appears in 2 contracts

Samples: Performance Guarantee Agreement (Santa Fe International Corp/), Performance Guarantee Agreement (Santa Fe International Corp/)

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Inspection by Representative. The necessary inspection of the VESSEL VESSEL, its machinery, equipment and outfitting shall be carried out by the BUYER's Representative, the Classification Society, other regulatory bodies and the and/or an inspection team of the BUILDER throughout the entire period of construction, in order to ensure that the construction of the VESSEL is duly performed in accordance with this Contract and the SpecificationsSpecifications and the plans. During The REPRESENTATIVE and his assistants shall at all times during working hours during the construction until delivery and acceptance of the VESSEL the Representative shall VESSEL, have the right to inspect the VESSEL, and all work in processprogress, wherever in the BUILDER's facilities, or any materials utilized and quality of BUILDER's subcontractors' facilities, and to attend all tests and inspections of the VESSEL. The BUILDER's quality inspection organization shall not report directly to BUILDER's engineering or production organizations, and shall have a direct line of responsibility to BUILDER's executive management. The BUILDER shall give notice to the Representative at least one working day (24 hours) in advance of the date and place of such tests and inspections to be attended by him. Failure of the Representative to be present at such tests and inspections, without justifiable reason, after due notice to him as above provided shall be deemed to be a waiver of his right to be present. In such case, the BUYER shall be obligated to accept the results of such tests or inspections on the basis of the BUILDER's certificate, subject to any required approval of the Classification Society. Notwithstanding any provision to the contrary in this Contract, the presence or absence of BUYER's Representative from any such tests or inspections shall not serve to eliminate or reduce the obligations of the BUILDER elsewhere contained in this Contract. In the event that the Representative discovers any construction or material or workmanship which is not deemed to conform to the requirements of this Contract and/or the Specifications, the Representative shall promptly give the BUILDER notice in accordance with Article XXII as to such nonconformity. Upon receipt of such notice from the Representative, the BUILDER shall promptly correct such nonconformity. In all working hours during the construction of the VESSEL until delivery thereof, the Representative and his assistants shall be given free and ready access to the VESSEL, its equipment and accessories, and to any other place where work is being done or materials are being processed or stored in connection with the construction of thereof wherever such work is being done within the VESSEL, including the yards, workshops, stores SHIPYARD’s premises or such materials and offices of the BUILDERequipment are stored, and the premises premise of subcontractors of the BUILDER who are doing work or storing materials in connection with the VESSEL's ’s construction, for the purpose of determining the VESSEL is being constructed in accordance with the terms of this CONTRACT and the Specifications and Plans. The REPRESENTATIVE and his assistants shall have the unrestricted right to visit the VESSEL and all work in progress. The REPRESENTATIVE and his assistants shall also have the right to visit, with the BUILDER’s attendance or introduction as necessary, all property utilized in connection with the construction of the VESSEL, wherever and whenever such property is stored. The REPRESENTATIVE and his assistants may, with the BUILDER’s permission, visit all property of the BUILDER wherever any work for the VESSEL is to be done. Such permission shall not be unreasonably withheld by the BUILDER. The BUILDER shall give a notice to the REPRESENTATIVE and his assistant(s) at least twenty-four (24) hours advance for tests and inspections within the SHIPYARD stating particulars of any tests and inspections which may be attended by the REPRESENTATIVE and his assistants provided that in exceptional circumstances the manner in which such notice is given may be modified by mutual agreement. Also BUILDER shall give a notice to the REPRESENTATIVE and his assistants of the date and place of such tests and inspections including three (3) days prior notice of auxiliary engines test and seven (7) days prior notice of Main Engine tests. For tests and inspections outside the SHIPYARD, sufficient advance notice to allow for the REPRESENTATIVE and his assistants to arrange transportation shall be given. This advance notice should not be less than three (3) days for tests and inspections that require air travel for attendance. Any inspection schedule must be reasonable at all times in order to allow the REPRESENTATIVE and his assistants to carry out their duties properly and inspections must be evenly spread over a reasonable time. The inspection thus exercised on behalf of BUYER shall not alter or diminish the responsibility of BUILDER to construct VESSEL in accordance with the Contract, the Specifications and Plans. Once a test has been witnessed and approved by the BUYER’s REPRESENTATIVE, the same test should not have to be repeated, provided it has been carried out in compliance with the requirements of the Classification Society and Specifications. In the event that the BUYER’s REPRESENTATIVES discovers any construction or material or workmanship which does not conform to the requirements of this Contract and/or the Specifications, the BUYER’s REPRESENTATIVES shall promptly give the BUILDER a notice in writing as to such non-conformity. Upon receipt of such notice from the BUYER’s REPRESENTATIVES, the BUILDER shall correct such non-conformity or, if it does not, shall respond in writing within seven (7) working days of receipt of the notice stating the reasons why it does not agree. If there is any difference of opinion between the BUILDER's Quality Assurance parties as to the conformity of the VESSEL with the Contract and Quality Control is found the Specifications the parties shall try to miss settle the dispute by negotiation. Should the dispute not be settled by negotiation it may, if mutually agreed upon, be referred to the Classification Society or a number of major discrepancies during the construction, the BUYER may as it may deem appropriate supplement the Quality Control coverage by contracting for an independent service. BUILDER mutually agreed expert whose opinion shall be obligated final and binding upon the parties hereto, failing which the dispute shall be referred to pay for all costs for the third party services and shall make necessary corrections or repairs arbitration pursuant to the construction for discrepancies discovered by the independent third party as if the discrepancies were found by BUILDER's own Quality Assurance and Quality Control organizationArticle XIII hereof.

Appears in 2 contracts

Samples: Shipbuilding Contract (Safe Bulkers, Inc.), Shipbuilding Contract (Safe Bulkers, Inc.)

Inspection by Representative. The necessary inspection of the VESSEL VESSEL, its machinery, equipment and outfitting as more particularly detailed in the Specifications shall be carried out by the BUYER's Representative, the Classification Society, other regulatory bodies and the and/or an inspection team of the BUILDER throughout the entire period of construction, in order to ensure that the construction of the VESSEL is duly performed in accordance with this Contract and the Specifications. During The Representative shall during the construction until delivery and acceptance of the VESSEL the Representative shall VESSEL, have the right to inspect all work in process, wherever in the BUILDER's facilities, or any of BUILDER's subcontractors' facilities, and to attend all such tests and inspections of the VESSEL. The , its machinery and equipment as are mutually agreed between the BUYER and the BUILDER's quality inspection organization shall , however the BUILDER consent to such attendance not report directly to BUILDER's engineering or production organizations, and shall have a direct line of responsibility to BUILDER's executive managementbe unreasonably withheld. The BUILDER shall give a notice to the Representative at least one working day (24 hours) reasonably in advance for tests, trials and inspections within the SHIPYARD stating particulars of any tests, trials and inspections which may be attended by the Representative provided that in exceptional circumstances the manner in which such notice is given may be modified by mutual agreement. Also the BUILDER shall give a notice to the Representative of the date and place of such tests, trials and inspections including three (3) days prior notice of auxiliary engines test and seven (7) days prior notice of main engine tests. For tests, trials and inspections outside the SHIPYARD sufficient advance notice to allow for the Representative to arrange transportation shall be given. This advance notice should not be less than ten (10) days for tests and inspections to be attended by himthat require air travel for attendance. Failure of the Representative to be present at such tests tests, trials and inspections, without justifiable reason, inspections after due notice to him as above provided shall be deemed to be a waiver of his right to be present. In such case, the BUYER Representative shall be obligated to accept the results of such tests or inspections test, on the basis of the BUILDER's certificate, subject to any required approval of ’s report(s) that the Classification Society. Notwithstanding any provision said results have conformed to the contrary in requirements of this ContractContract and the Specifications, the presence or absence of BUYER's Representative from any such tests or inspections shall not serve to eliminate or reduce the obligations of and the BUILDER elsewhere contained shall be entitled to proceed with the construction schedule without further awaiting the particular inspection in this Contractquestion. In the event that the Representative discovers any construction or material or workmanship which is not deemed to conform to the requirements of this Contract and/or the Specifications, the Representative shall promptly give the BUILDER a notice in accordance with Article XXII writing as to such nonconformitynon-conformity. Upon receipt of such notice from the Representative, and provided there is no disagreement or argument between the BUILDER and the Representative, the BUILDER shall promptly correct such nonconformitynon-conformity. In all working hours during the construction of the VESSEL until delivery thereof, the Representative and his assistants shall be given free and ready access to the VESSEL, its equipment engines and accessories, and to any other place where work is being done done, or materials are being processed or stored stored, in connection with the construction of the VESSEL, including the yards, workshops, stores and offices of the BUILDER, and the premises of subcontractors of the BUILDER BUILDER, who are doing work or storing materials in connection with the VESSEL's ’s construction. If the BUILDER's Quality Assurance and Quality Control is found Representative fail to miss a number notify the BUILDER promptly within one (1) business days of major discrepancies during any such demand for correction with respect to the construction, arrangement or outfit of the BUYER may as it may deem appropriate supplement VESSEL, its engines or accessories, or any other items or matters in connection therewith, which the Quality Control coverage by contracting for an independent service. Representative have examined or inspected or attended at the test of under this Contract and the Specifications, the Representative shall be deemed to have approved the same test and/or inspection and the BUILDER shall be obligated entitled to pay for all costs for the third party services and shall make necessary corrections or repairs to proceed with the construction of the VESSEL without further awaiting the notice after the said test and/or inspection, only with the attendance and/or approval of the Classification Surveyor as far as required by Classification Society and the BUYER shall be obliged to accept the results of such test and inspections. In the event any disputes arise between the Representative and the BUILDER, the BUYER and the BUILDER shall try to settle the dispute by negotiations. Should the dispute not be settled by negotiation either the BUYER or the BUILDER may, with the agreement of the other party refer the matter for discrepancies discovered resolution by the independent third party Senior Principal Surveyor of the Classification Society as if the discrepancies were found by BUILDER's own Quality Assurance and Quality Control organizationprovided in Article I, or failing such agreement refer such dispute to arbitration as per Article XIII.

Appears in 2 contracts

Samples: Shipbuilding Contract (Scorpio Bulkers Inc.), Shipbuilding Contract (Scorpio Bulkers Inc.)

Inspection by Representative. The necessary inspection inspections of the VESSEL VESSEL, its machinery, equipment and outfittings shall be carried out by the BUYER's Representative, the Classification Society, other regulatory bodies and the and/or an inspection team of the BUILDER throughout the entire period of construction, in order to ensure that the construction of the VESSEL is duly performed in accordance with this Contract and the Specifications. During The Representative shall have, during construction of the VESSEL the Representative shall have VESSEL, the right to inspect all work in process, wherever in the BUILDER's facilities, or any of BUILDER's subcontractors' facilities, and to attend all such tests and inspections of the VESSEL. The , its machinery and equipment as are mutually agreed between the BUYER and the BUILDER's quality inspection organization shall not report directly to BUILDER's engineering or production organizations, and shall have a direct line of responsibility to BUILDER's executive management. The BUILDER shall give a notice to the Representative at least one working day (24 hours) reasonably in advance of the date and place of such tests and inspections to be attended by himhim for his convenience. Failure of the Representative to be present at such tests and inspections, without justifiable reason, inspections after due notice to him as above provided shall be deemed to be a waiver of his right to be present. In such case, the BUYER shall be obligated to accept the results of such tests or inspections on the basis of the BUILDER's certificate, subject to any required approval of the Classification Society. Notwithstanding any provision to the contrary in this Contract, the presence or absence of BUYER's Representative from any such tests or inspections shall not serve to eliminate or reduce the obligations of the BUILDER elsewhere contained in this Contract. In the event that the Representative discovers any construction or material or workmanship which is not deemed to conform to the requirements of this Contract and/or the Specifications, the Representative shall promptly give the BUILDER a notice in accordance with Article XXII writing as to such nonconformitynon-conformity. Upon receipt of such notice from the Representative, the BUILDER shall promptly correct such nonconformitynon-conformity, if it is found not to be in accordance with the Specifications, drawings, plans. In all working hours during the construction of the VESSEL until delivery thereof, the Representative and his assistants shall be given free and ready access to the VESSEL, its equipment engines and accessories, and to any other place where work is being done done, or materials are being processed or stored stored, in connection with the construction of the VESSEL, including the yards, workshops, stores and offices office of the BUILDER, and the premises of subcontractors of the BUILDER who are doing work or storing materials in connection with the VESSEL's ’s construction. If the BUILDER's Quality Assurance and Quality Control is found to miss a number of major discrepancies during the construction, the BUYER may as it may deem appropriate supplement the Quality Control coverage by contracting for an independent service. BUILDER shall be obligated to pay for all costs for the third party services and shall make necessary corrections or repairs to the construction for discrepancies discovered by the independent third party as if the discrepancies were found by BUILDER's own Quality Assurance and Quality Control organization.

Appears in 1 contract

Samples: Tsakos Energy Navigation LTD

Inspection by Representative. The necessary Builder shall provide unimpeded access for the inspection of the VESSEL shall be carried out Vessel, its machinery, equipment and outfittings (and to anywhere in the Builder’s Shipyard, the Hull Subcontractor’s shipyard and the Superstructure Subcontractor’s shipyard where there is work on or storage of items connected with construction of the Vessel) by the BUYER's Representative, the Classification Society, other regulatory bodies Regulatory Bodies and the inspection team Representative and/or his assistants (who for the purposes of the BUILDER this clause may include a representative of Buyer’s lenders) throughout the entire period of construction. The Representative and his assistants shall, in order to ensure that during the construction of the VESSEL is duly performed in accordance with this Contract and the Specifications. During construction of the VESSEL the Representative shall Vessel, have the right to inspect all work in process, wherever in the BUILDER's facilities, or any of BUILDER's subcontractors' facilities, and to attend all tests tests, trials and inspections undertaken in respect of the VESSELVessel, its machinery, equipment and outfittings. The BUILDER's quality inspection organization shall not report directly to BUILDER's engineering or production organizations, and shall have a direct line of responsibility to BUILDER's executive management. The BUILDER Builder shall give reasonable notice to the Representative at least one working day (24 hours) in advance of the date and place of any such tests and inspections to be attended by himthe Representative to enable him or any of his assistants to attend. Failure of the Representative or his assistant(s) to be present at such tests and inspections, without justifiable reason, inspections after due notice to him as above provided shall be deemed to be a waiver of his right to be present. In such case, The Builder shall provide the BUYER shall be obligated to accept the results Representative and/or his assistants with a similar right of such tests or inspections on the basis inspection and supervision in respect of the BUILDER's certificatework performed by the Hull Subcontractor and the Superstructure Subcontractor, subject and the Builder shall make reasonable efforts to any required approval cause its other Subcontractors to provide the Representative and/or his assistants with a similar right of inspection and supervision in respect of the Classification Society. Notwithstanding any provision to the contrary in this Contract, the presence or absence of BUYER's Representative from any work performed by such tests or inspections shall not serve to eliminate or reduce the obligations of the BUILDER elsewhere contained in this ContractSubcontractors. In the event that Buyer or the Representative on behalf of the Buyer discovers any design, construction or material or workmanship which is in its or his opinion does not deemed to conform to the requirements of this the Contract and/or (including the Specificationsrequirements for subcontracting), Buyer, the Representative shall promptly give the BUILDER notice in accordance with Article XXII as to such nonconformity. Upon receipt of such notice from the Representative, the BUILDER shall promptly correct such nonconformity. In all working hours during the construction of the VESSEL until delivery thereof, the Representative and or his assistants shall be given free and ready access to as soon as possible advise the VESSEL, its equipment and accessories, and to any other place where work is being done or materials are being processed or stored in connection with the construction Builder of the VESSEL, including the yards, workshops, stores and offices of the BUILDER, and the premises of subcontractors of the BUILDER who are doing work or storing materials in connection with the VESSEL's construction. If the BUILDER's Quality Assurance and Quality Control is found to miss a number of major discrepancies during the construction, the BUYER may as it may deem appropriate supplement the Quality Control coverage by contracting for an independent service. BUILDER shall be obligated to pay for all costs for the third party services and shall make necessary corrections or repairs to the construction for discrepancies discovered by the independent third party as if the discrepancies were found by BUILDER's own Quality Assurance and Quality Control organization.such non-

Appears in 1 contract

Samples: Shipbuilding Contract (Lindblad Expeditions Holdings, Inc.)

Inspection by Representative. The necessary inspection of the VESSEL shall be carried out by the BUYER's Representative, the Classification Society, other regulatory bodies and the inspection team of the BUILDER throughout the entire period of construction, in order to ensure that construction of the VESSEL is duly performed in accordance with this Contract and the Specifications. During construction of the VESSEL the Representative shall have the right to inspect all work in process, wherever in the BUILDER's facilities, or any of BUILDER's subcontractors' facilities, and to attend all tests and inspections of the VESSEL. The BUILDER's quality inspection organization shall not report directly to BUILDER's engineering or production organizations, and shall have a direct line of responsibility to BUILDER's executive management. The BUILDER shall give notice to the Representative at least one working day (24 hours) in advance of the date and place of such tests and inspections to be attended by him. Failure of the Representative to be present at such tests and inspections, without justifiable reason, after due notice to him as above provided shall be deemed to be a waiver of his right to be present. In such case, the BUYER shall be obligated to accept the results of such tests or inspections on the basis of the BUILDER's certificate, subject to any required approval of the Classification Society. Notwithstanding any provision to the contrary in this Contract, the presence or absence of BUYER's Representative from any such tests or inspections shall not serve to eliminate or reduce the obligations of the BUILDER elsewhere contained in this Contract. In the event that the Representative discovers any construction or material or workmanship which is not deemed to conform to the requirements of this Contract and/or the Specifications, the Representative shall promptly give the BUILDER notice in accordance with Article XXII as to such nonconformity. Upon receipt of such notice from the Representative, the BUILDER shall promptly correct such nonconformity. In all working hours during the construction of the VESSEL until delivery thereof, the Representative and his assistants shall be given free and ready access to the VESSEL, its equipment and accessories, and to any other place where work is being done or materials are being processed or stored in connection with the construction of the VESSEL, including the yards, workshops, stores and offices of the BUILDER, and the premises of subcontractors of the BUILDER who are doing work or storing materials in connection with the VESSEL's construction. If the BUILDER's Quality Assurance and Quality Control is found to miss a number of major discrepancies during the construction, the BUYER may as it may deem appropriate supplement the Quality Control coverage by contracting for an independent service. BUILDER shall be obligated to pay for all costs for the third party services and shall make necessary corrections or repairs to the construction for discrepancies discovered by the independent third party as if the discrepancies were found by BUILDER's own Quality Assurance and Quality Control organization.

Appears in 1 contract

Samples: Santa Fe International Corp/

Inspection by Representative. The necessary inspection of the VESSEL Vessel, its machinery, equipment and outfittings shall be carried out by the BUYER's Representative, the Classification Society, other regulatory bodies Regulatory Bodies and the inspection team of the BUILDER Representative and/or his assistants throughout the entire period of construction, in order to ensure that the Vessel is duly constructed in accordance with the Contract. Whilst the Vessel is under construction and until Delivery and Acceptance, the Representative and his assistants shall during all working hours be given free access to the Vessel, its engines and accessories, and to any other place where work is being done, or materials are being processed or stored in connection with the construction of the VESSEL is duly performed in accordance with this Contract Vessel, including the yards, workshops and offices of the Builder, and the Specificationspremises of the Subcontractors of the Builder who are doing work or storing materials in connection with the Vessel's construction. During The Representative and his assistants shall, during the construction of the VESSEL the Representative shall Vessel, have the right to inspect all work in process, wherever in the BUILDER's facilities, or any of BUILDER's subcontractors' facilities, and to attend all tests tests, trials and inspections undertaken in respect of the VESSELVessel, its machinery, equipment and outfittings. The BUILDER's quality inspection organization shall not report directly to BUILDER's engineering or production organizations, and shall have a direct line of responsibility to BUILDER's executive management. The BUILDER Builder shall give reasonably notice to the Representative at least one working day (24 hours) in advance of the date and place of any such tests and inspections to be attended by himthe Representative to enable him or any of his assistants to attend. Failure of the Representative or his assistant(s) to be present at such tests and inspections, without justifiable reason, inspections after due notice to him as above provided shall be deemed to be a waiver of his right to be present. In such case, The Builder shall seek to arrange with its Subcontractors that the BUYER shall be obligated to accept the results Representative or his assistants have a similar right of such tests or inspections on the basis inspection and supervision in respect of the BUILDER's certificate, subject to any required approval of work performed by the Classification Society. Notwithstanding any provision to the contrary in this Contract, the presence or absence of BUYER's Representative from any such tests or inspections shall not serve to eliminate or reduce the obligations of the BUILDER elsewhere contained in this ContractSubcontractors. In the event that the Representative discovers any design, construction or material or workmanship which is in his opinion does not deemed to conform to the requirements of this Contract and/or the SpecificationsContract, the Representative shall promptly give as soon as possible advise the BUILDER notice in accordance with Article XXII as to such nonconformity. Upon receipt Builder of such non-conformity. Unless the Builder agrees to rectify the matter, a notice from the Representative, the BUILDER shall promptly correct such nonconformity. In all working hours during the construction thereof (which may be included in minutes of the VESSEL until delivery thereof, the Representative and his assistants meeting or similar) shall be given free and ready access to the VESSEL, its equipment and accessories, and to Builder. Inspection as described in this clause shall not constitute any other place where work is being done or materials are being processed or stored changes in connection with the construction of Builder's obligation under the VESSEL, including the yards, workshops, stores and offices of the BUILDER, and the premises of subcontractors of the BUILDER who are doing work or storing materials in connection with the VESSEL's construction. If the BUILDER's Quality Assurance and Quality Control is found to miss a number of major discrepancies during the construction, the BUYER may as it may deem appropriate supplement the Quality Control coverage by contracting for an independent service. BUILDER shall be obligated to pay for all costs for the third party services and shall make necessary corrections or repairs to the construction for discrepancies discovered by the independent third party as if the discrepancies were found by BUILDER's own Quality Assurance and Quality Control organizationContract.

Appears in 1 contract

Samples: Trico Marine Services Inc

Inspection by Representative. The necessary inspection inspections of the VESSEL Vessel, its machinery, equipment and outfitting shall be carried out by the BUYER's Representative, the Classification Society, other regulatory bodies and the and/or an inspection team of the BUILDER Builder throughout the entire period of construction, in order to ensure that the construction of the VESSEL Vessel is duly performed in accordance with this Contract and the Specifications. During The Representative shall have, during construction of the VESSEL the Representative shall have Vessel, the right to inspect all work in process, wherever in the BUILDER's facilities, or any of BUILDER's subcontractors' facilities, and to attend all such tests and inspections of the VESSELVessel, its machinery and equipment as are mutually agreed between the Owner and Builder. The BUILDER's quality inspection organization shall not report directly to BUILDER's engineering or production organizations, and shall have a direct line of responsibility to BUILDER's executive management. The BUILDER Builder shall give a notice to the Representative at least one working day (24 hours) reasonably in advance of the date and place of such tests and inspections to be attended by himhim for his convenience. Failure of the Representative to be present at such tests and inspections, without justifiable reason, inspections after due notice to him as above provided shall be deemed to be a waiver of his right to be present. In such case, but Buyers Representatives should get test results and does not waive the BUYER shall be obligated to accept the results yards obligations in terms of such tests or inspections on the basis of the BUILDER's certificate, subject to any required approval of the Classification Society. Notwithstanding any provision to the contrary in this Contract, the presence or absence of BUYER's Representative from any such tests or inspections shall not serve to eliminate or reduce the obligations of the BUILDER elsewhere contained in this Contractquality. In the event that the Representative discovers any construction or material or workmanship which is not deemed to conform to the requirements of this Contract and/or the Specifications, the Representative shall promptly give the BUILDER Builder a notice in accordance with Article XXII writing as to such nonconformitynon-conformity. Upon receipt of such notice from the Representative, the BUILDER Builder shall promptly correct such nonconformitynon-conformity, if the Builder agrees with the Representative’s view. In all working hours during the construction of the VESSEL Vessel until delivery thereof, the Representative and his assistants shall be given free and ready access to the VESSELVessel, its equipment engines and accessories, and to any other place where work is being done done, or materials are being processed or stored stored, in connection with the construction of the VESSELVessel, including the yards, workshops, stores and offices of the BUILDERBuilder, and the premises of subcontractors of the BUILDER Builder, who are doing work or storing materials in connection with the VESSEL's Vessel’s construction. If the BUILDER's Quality Assurance Representative shall comply with all yard rules and Quality Control is found to miss a number of major discrepancies during the construction, the BUYER may as it may deem appropriate supplement the Quality Control coverage by contracting for an independent service. BUILDER shall be obligated to pay for all costs for the third party services and shall make necessary corrections or repairs to the construction for discrepancies discovered by the independent third party as if the discrepancies were found by BUILDER's own Quality Assurance and Quality Control organization.regulations,

Appears in 1 contract

Samples: Shipbuilding Contract (Gulfmark Offshore Inc)

Inspection by Representative. The necessary inspection of the VESSEL Vessel, its machinery, equipment and outfittings shall be carried out by the BUYER's Representative, the Classification Society, other regulatory bodies Regulatory Bodies and the inspection team of the BUILDER Representative and/or his assistants throughout the entire period of construction, in order to ensure that the Vessel is duly constructed in accordance with the Contract. Whilst the Vessel is under construction and until Delivery and Acceptance, the Representative and his assistants shall during all working hours be given free access to the Vessel, its engines and accessories, and to any other place where work is being done, or materials are being processed or stored in connection with the construction of the VESSEL is duly performed in accordance with this Contract Vessel, including the yards, workshops and offices of the Builder and the SpecificationsHull Yard. During The Representative and his assistants shall, during the construction of the VESSEL the Representative shall Vessel, have the right to inspect all work in process, wherever in the BUILDER's facilities, or any of BUILDER's subcontractors' facilities, and to attend all tests tests, trials and inspections undertaken in respect of the VESSELVessel, its machinery, equipment and outfittings. The BUILDER's quality inspection organization shall not report directly to BUILDER's engineering or production organizations, and shall have a direct line of responsibility to BUILDER's executive management. The BUILDER Builder shall give reasonably notice to the Representative at least one working day (24 hours) in advance of the date and place of any such tests and inspections to be attended by himthe Representative to enable him or any of his assistants to attend. Failure of the Representative or his assistant(s) to be present at such tests and inspections, without justifiable reason, inspections after due notice to him as above provided shall be deemed to be a waiver of his right to be present. In such case, The Builder shall seek to arrange with its Subcontractors that the BUYER shall be obligated to accept the results Representative or his assistants have a similar right of such tests or inspections on the basis inspection and supervision in respect of the BUILDER's certificate, subject to any required approval of work performed by the Classification Society. Notwithstanding any provision to the contrary in this Contract, the presence or absence of BUYER's Representative from any such tests or inspections shall not serve to eliminate or reduce the obligations of the BUILDER elsewhere contained in this ContractSubcontractors. In the event that the Representative discovers any design, construction or material or workmanship which is in his opinion does not deemed to conform to the requirements of this Contract and/or the SpecificationsContract, the Representative shall promptly give as soon as possible advise the BUILDER notice in accordance with Article XXII as to such nonconformity. Upon receipt Builder of such non-conformity. Unless the Builder agrees to rectify the matter, a notice from the Representative, the BUILDER shall promptly correct such nonconformity. In all working hours during the construction of the VESSEL until delivery thereof, the Representative and his assistants thereof (which may be included in minutes or meeting or similar) shall be given free and ready access to the VESSEL, its equipment Builder. Attendance at tests and accessories, inspection or non attendance at tests and to inspection as described in this clause shall not affect any other place where work is being done or materials are being processed or stored in connection with the construction of the VESSEL, including Builder’s obligation under the yards, workshops, stores and offices of the BUILDER, and the premises of subcontractors of the BUILDER who are doing work or storing materials in connection with the VESSEL's construction. If the BUILDER's Quality Assurance and Quality Control is found to miss a number of major discrepancies during the construction, the BUYER may as it may deem appropriate supplement the Quality Control coverage by contracting for an independent service. BUILDER shall be obligated to pay for all costs for the third party services and shall make necessary corrections or repairs to the construction for discrepancies discovered by the independent third party as if the discrepancies were found by BUILDER's own Quality Assurance and Quality Control organizationContract.

Appears in 1 contract

Samples: Stolt Nielsen S A

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Inspection by Representative. The Such necessary inspection inspections of the VESSEL its machinery, equipment and outfitting shall be carried out by the BUYER's Representative, the Classification Society, other regulatory bodies and the and/or an inspection team of the BUILDER throughout the entire period of construction, in order to ensure that the construction of the VESSEL is duly performed in accordance with this Contract and the Specifications. During Performance Standard for Protective Coating (PSPC) for ballast tanks required by IMO shall be applied to the VESSEL. Inspections thereto shall be carried out by the BUILDER’s qualified inspectors and be recorded in the Coating Technical File (CTF). Paint Maker’s inspector shall also attend such inspections. No applications for inspection shall be made to the Representative. However, the schedule of the inspections shall be notified to the Representative well in advance and the Representative shall be given a free access to the inspections. If any queries on quality criteria or procedures of inspection required by IMO PSPC, then the Representative can make comments for discussion with the BUILDER’s qualified inspectors. In any event, the BUILDER’s qualified inspectors shall be solely responsible for final judgment as to compliance with IMO PSPC of which judgment shall bind upon all the parties concerned. The Representative shall have, during construction of the VESSEL the Representative shall have vessel, the right to inspect all work in process, wherever in the BUILDER's facilities, or any of BUILDER's subcontractors' facilities, and to attend all such tests and inspections of the VESSEL. The , its machinery and equipment as are mutually agreed between the BUYER and the BUILDER's quality , without any disturbance in the inspection organization shall not report directly to BUILDER's engineering or production organizations, and shall have a direct line and/or the construction schedule of responsibility to BUILDER's executive management. the VESSEL The BUILDER shall give a notice to the Representative at least one working day (24 hours) reasonably in advance of the date and place of such tests and inspections to be attended by himmutually agreed between the parties for attendance of Representative. Failure of the Representative to be present at such tests and inspections, without justifiable reason, inspections after due notice to him of them as above provided shall be deemed to be a waiver of his their right to be present. In such case, the BUYER shall be obligated to accept the results of such tests or inspections on the basis of the BUILDER's certificate, subject to any required approval of the Classification Society. Notwithstanding any provision to the contrary in this Contract, the presence or absence of BUYER's Representative from any such tests or inspections shall not serve to eliminate or reduce the obligations of the BUILDER elsewhere contained in this Contract. In the event that the Representative discovers any construction or material or workmanship which is not deemed to conform to the requirements of this Contract and/or the Specifications, the Representative shall promptly give the BUILDER a notice in accordance with Article XXII writing as to such nonconformitynon-conformity. Upon receipt of such notice from the Representative, the BUILDER shall promptly correct such nonconformitynon-conformity, if the BUILDER agrees to their view or the BUILDER shall notify the Representative in writing of the extent to which the BUILDER does not agree such conditions requiring corrective measures. In all working hours during the construction of the VESSEL until delivery thereof, the Representative and his assistants shall be given free and ready access to the VESSEL, its equipment engines and accessories, and to any other place in the SHIPYARD where work is being done done, or materials are being processed or stored stored, in connection with the construction of the VESSEL, including the yards, workshops, workshops and stores and offices of the BUILDER, BUILDER and the premises of subcontractors of the BUILDER with prior consent of the SHIPYARD, which not be unreasonably withheld, who are doing work or storing materials in connection with the VESSEL's ’s construction. If the BUILDER's Quality Assurance and Quality Control is found to miss a number of major discrepancies during the construction, the BUYER may as it may deem appropriate supplement the Quality Control coverage by contracting for an independent service. BUILDER shall be obligated to pay for all costs for the third party services and shall make necessary corrections or repairs to the construction for discrepancies discovered by the independent third party as if the discrepancies were found by BUILDER's own Quality Assurance and Quality Control organization.

Appears in 1 contract

Samples: Construction and Sale (Scorpio Bulkers Inc.)

Inspection by Representative. The necessary inspection of the VESSEL Vessel, its machinery, equipment and outfittings shall be carried out by the BUYER's Representative, the Classification Society, other regulatory bodies Regulatory Bodies and the inspection team of the BUILDER Representative and/or his assistants throughout the entire period of construction, in order to ensure that the Vessel is duly constructed in accordance with the Contract. Whilst the Vessel is under construction and until Delivery and Acceptance, the Representative and his assistants shall during all working hours be given free access to the Vessel, its engines and accessories, and to any other place where work is being done, or materials are being processed or stored in connection with the construction of the VESSEL is duly performed in accordance with this Contract Vessel, including the yards, workshops and offices of the Builder, and the Specificationspremises of the Subcontractors of the Builder who are doing work or storing materials in connection with the Vessel’s construction. During The Representative and his assistants shall, during the construction of the VESSEL the Representative shall Vessel, have the right to inspect all work in process, wherever in the BUILDER's facilities, or any of BUILDER's subcontractors' facilities, and to attend all tests tests, trials and inspections undertaken in respect of the VESSELVessel, its machinery, equipment and outfittings. The BUILDER's quality inspection organization shall not report directly to BUILDER's engineering or production organizations, and shall have a direct line of responsibility to BUILDER's executive management. The BUILDER Builder shall give reasonably notice to the Representative at least one working day (24 hours) in advance of the date and place of any such tests and inspections to be attended by himthe Representative to enable him or any of his assistants to attend. Failure of the Representative or his assistant(s) to be present at such tests and inspections, without justifiable reason, inspections after due notice to him as above provided shall be deemed to be a waiver of his right to be present. In such case, The Builder shall seek to arrange with its Subcontractors that the BUYER shall be obligated to accept the results Representative or his assistants have a similar right of such tests or inspections on the basis inspection and supervision in respect of the BUILDER's certificate, subject to any required approval of work performed by the Subcontractors. The Representative may communicate direct with the Classification Society. Notwithstanding any provision to the contrary in this ContractSociety and all other Regulatory Bodies, the presence or absence of BUYER's Representative from any but such tests or inspections communication shall not serve unreasonably interfere with the Builder’s communication with these institutions. The Representative may also view relevant formal correspondence between these institutions and the Builder and to eliminate or reduce the obligations a reasonable extent obtain copies of the BUILDER elsewhere contained in this Contractsame. In the event that the Representative discovers any design, construction or material or workmanship which is in his opinion does not deemed to conform to the requirements of this Contract and/or the SpecificationsContract, the Representative shall promptly give as soon as possible advise the BUILDER notice in accordance with Article XXII as to such nonconformity. Upon receipt Builder of such non-conformity. Unless the Builder agrees to rectify the matter, a notice from the Representative, the BUILDER shall promptly correct such nonconformity. In all working hours during the construction thereof (which may be included in minutes of the VESSEL until delivery thereof, the Representative and his assistants meeting or similar) shall be given free and ready access to the VESSEL, its equipment and accessories, and to Builder. Inspection as described in this clause shall not constitute any other place where work is being done or materials are being processed or stored changes in connection with the construction of Builder’s obligation under the VESSEL, including the yards, workshops, stores and offices of the BUILDER, and the premises of subcontractors of the BUILDER who are doing work or storing materials in connection with the VESSEL's construction. If the BUILDER's Quality Assurance and Quality Control is found to miss a number of major discrepancies during the construction, the BUYER may as it may deem appropriate supplement the Quality Control coverage by contracting for an independent service. BUILDER shall be obligated to pay for all costs for the third party services and shall make necessary corrections or repairs to the construction for discrepancies discovered by the independent third party as if the discrepancies were found by BUILDER's own Quality Assurance and Quality Control organizationContract.

Appears in 1 contract

Samples: Petroleum Geo Services Asa

Inspection by Representative. The necessary Builder shall provide unimpeded access for the inspection of the VESSEL shall be carried out Vessel, its machinery, equipment and outfittings (and to anywhere in the Builder’s yard where there is work on or storage of items connected with construction of the Vessel) by the BUYER's Representative, the Classification Society, other regulatory bodies Regulatory Bodies and the inspection team of the BUILDER Representative and/or his assistants throughout the entire period of construction. The Representative and his assistants shall, in order to ensure that during the construction of the VESSEL is duly performed in accordance with this Contract and the Specifications. During construction of the VESSEL the Representative shall Vessel, have the right to inspect all work in process, wherever in the BUILDER's facilities, or any of BUILDER's subcontractors' facilities, and to attend all tests tests, trials and inspections undertaken in respect of the VESSELVessel, its machinery, equipment and outfittings. The BUILDER's quality inspection organization shall not report directly to BUILDER's engineering or production organizations, and shall have a direct line of responsibility to BUILDER's executive management. The BUILDER Builder shall give reasonable notice to the Representative at least one working day (24 hours) in advance of the date and place of any such tests and inspections to be attended by himthe Representative to enable him or any of his assistants to attend. Failure of the Representative or his assistant(s) to be present at such tests and inspections, without justifiable reason, inspections after due notice to him as above provided shall be deemed to be a waiver of his right to be present. In such case, The Builder shall provide the BUYER shall be obligated to accept the results Representative and/or his assistants with a similar right of such tests or inspections on the basis inspection and supervision in respect of the BUILDER's certificate, subject to any required approval work performed by the Subcontractor(s) of the Classification Society. Notwithstanding any provision to the contrary in this Contract, the presence or absence of BUYER's Representative from any such tests or inspections shall not serve to eliminate or reduce the obligations construction of the BUILDER elsewhere contained hull of the Vessel, and the Builder shall make reasonable efforts to cause its other Subcontractors to provide the Representative and/or his assistants with a similar right of inspection and supervision in this Contractrespect of the work performed by such Subcontractors. In the event that Buyer or the Representative on behalf of the Buyer discovers any design, construction or material or workmanship which is in its or his opinion does not deemed to conform to the requirements of this the Contract and/or (including the Specificationsrequirements for subcontracting), Buyer, the Representative shall promptly give the BUILDER notice in accordance with Article XXII as to such nonconformity. Upon receipt of such notice from the Representative, the BUILDER shall promptly correct such nonconformity. In all working hours during the construction of the VESSEL until delivery thereof, the Representative and or his assistants shall as soon as possible advise the Builder of such non-conformity. Unless the Builder agrees to rectify the matter, a notice thereof (which may be included in minutes of meeting or similar) shall be given free and ready access to the VESSEL, its equipment and accessories, and Builder. Neither any Inspection nor attendance of any test nor any failure to timely notify Builder of any defect or non-conformity shall relieve the Builder’s obligation under the Contract or operate as a waiver of any objection to any other place where work is being done design, construction, material or materials are being processed workmanship considered (or stored in connection with the construction later determined to be) non-conforming or not of the VESSEL, including the yards, workshops, stores and offices standard required for due performance of the BUILDER, and the premises of subcontractors of the BUILDER who are doing work or storing materials in connection with the VESSEL's construction. If the BUILDER's Quality Assurance and Quality Control is found to miss a number of major discrepancies during the construction, the BUYER may as it may deem appropriate supplement the Quality Control coverage by contracting for an independent service. BUILDER shall be obligated to pay for all costs for the third party services and shall make necessary corrections or repairs to the construction for discrepancies discovered by the independent third party as if the discrepancies were found by BUILDER's own Quality Assurance and Quality Control organizationthis Contract.

Appears in 1 contract

Samples: Option Agreement (Lindblad Expeditions Holdings, Inc.)

Inspection by Representative. The necessary inspection of the VESSEL shall be carried out by the BUYER's Representative, the Classification Society, other regulatory bodies and the inspection team of the BUILDER throughout the entire period of construction, in order to ensure that construction of the VESSEL is duly performed in accordance with this Contract and the Specifications. During construction of the VESSEL the Representative shall have the right to inspect all work in process, wherever in the BUILDER's facilities, or any of BUILDER's subcontractors' facilities, and to attend all tests and inspections of the VESSEL. The BUILDER's quality inspection organization shall not report directly to BUILDER's engineering or production organizations, and shall have a direct line of responsibility to BUILDER's executive management. The BUILDER shall give notice to the Representative at least one working day (24 hours) in advance of the date and place of such tests and inspections to be attended by him. Failure of the Representative to be present at such tests and inspections, without justifiable reason, after due notice to him as above provided shall be deemed to be a waiver of his right to be present. In such case, the BUYER shall be obligated to accept the results of such tests or inspections on the basis of the BUILDER's certificate, subject to any required approval of the Classification Society. Notwithstanding any provision to the contrary in this Contract, the presence or absence of BUYER's Representative from any such tests or inspections shall not serve to eliminate or reduce the obligations of the BUILDER elsewhere contained in this Contract. In the event that the Representative discovers any construction or material or workmanship which is not deemed to conform to the requirements of this Contract and/or the Specifications, the Representative shall promptly give the BUILDER notice in accordance with Article XXII as to such nonconformity. Upon receipt of such notice from the Representative, the BUILDER shall promptly correct such nonconformity. In all working hours during the construction of the VESSEL until delivery thereof, the Representative and his assistants shall be given free and ready access to the VESSEL, its equipment and accessories, and to any other place where work is being done or materials are being processed or stored in connection with the construction of the VESSEL, including the yards, workshops, stores and offices of the BUILDER, and the premises of subcontractors of the BUILDER who are doing work or storing materials in connection with the VESSEL's construction. If the BUILDER's Quality Assurance and Quality Control is found to miss a number of major discrepancies during the construction, the BUYER may as it may deem appropriate supplement the Quality Control coverage by contracting for an independent service. BUILDER shall be obligated to pay for all costs for the third party services and shall make necessary corrections or repairs to the construction for discrepancies discovered by the independent third party as if the discrepancies were found by BUILDER's own Quality Assurance and Quality Control organization.,

Appears in 1 contract

Samples: Agreement (Santa Fe International Corp/)

Inspection by Representative. The necessary inspection inspections of the VESSEL VESSEL, its machinery, equipment and outfitting shall be carried out by the BUYER's Representative, the Classification SocietyCLASSIFICATION SOCIETY, other regulatory bodies and the and/or an inspection team of the BUILDER throughout the entire period of construction, in order to ensure that the construction of the VESSEL is duly performed in accordance with this Contract CONTRACT and the SpecificationsSPECIFICATIONS. During The REPRESENTATIVE and his assistant shall have, during construction of the VESSEL the Representative shall have VESSEL, the right to inspect all work in process, wherever in the BUILDER's facilities, or any of BUILDER's subcontractors' facilities, and to attend all such tests and inspections of the VESSEL, its machinery and equipment as are mutually agreed between the BUYER and the SELLER and/or the BUILDER. The BUILDER's quality inspection organization SELLER shall not report directly cause the BUILDER to BUILDER's engineering or production organizations, and shall have give a direct line of responsibility to BUILDER's executive management. The BUILDER shall give notice to the Representative at least one working day (24 hours) REPRESENTATIVE reasonably in advance of the date and place of such tests and inspections to be attended by himhim for his convenience. Failure of the Representative REPRESENTATIVE to be present at such tests and inspections, without justifiable reason, inspections after due notice to him as above provided shall be deemed to be a waiver of his right to be present. In such case, The REPRESENTATIVE shall notify the BUYER shall be obligated to accept the results of such tests or inspections on the basis of the BUILDER's certificate, subject to any required approval of the Classification Society. Notwithstanding any provision to the contrary in this Contract, the presence or absence of BUYER's Representative from any such tests or inspections shall not serve to eliminate or reduce the obligations of SELLER and/or the BUILDER elsewhere contained promptly, in this Contract. In writing, in the event that the Representative he discovers any construction or material material, which he believes, does not or workmanship which is will not deemed to conform to the requirements of this Contract CONTRACT or the SPECIFICATIONS; and shall likewise advise and consult with the SELLER and/or the SpecificationsBUILDER in all matters pertaining to the building of the VESSEL, as may be required by the Representative shall promptly give SELLER and/or the BUILDER or as the REPRESENTATIVE may deem necessary. The SELLER shall, provided that such notice is received by the SELLER and/or the BUILDER without delay after discovery by the REPRESENTATIVE of such non-conformity as aforesaid, cause the BUILDER to comply with any such demands concerning alterations, which in the judgment of the BUILDER are not contradictory to this CONTRACT or the SPECIFICATIONS, provided however, that any and all demands of the REPRESENTATIVE with regard to building, arrangement and outfitting of the VESSEL shall be in writing and shall be submitted to specially authorized representatives of the BUILDER, whom the SELLER shall cause the BUILDER to designate for such purpose and that the BUYER undertakes and assures the SELLER and/or the BUILDER that the REPRESENTATIVE and his assistant shall carry out their inspection in accordance with Article XXII usual shipbuilding practice and in such a way as to avoid increase in building costs and delays in the construction of the VESSEL. However, if the REPRESENTATIVE fail to submit to the SELLER and/or the BUILDER without delay any such nonconformity. Upon receipt demand concerning alterations with respect to the building, arrangement or outfit of such notice from the RepresentativeVESSEL, her engines or accessories, or any other items or matters in connection herewith, which the REPRESENTATIVE have examined or inspected or attended at the tests thereof under this CONTRACT or the SPECIFICATIONS, the BUILDER REPRESENTATIVE shall promptly correct such nonconformitybe deemed to have approved the same and shall be precluded from making any demand for alterations or other complaints with respect thereto at a later date. In all working hours during the construction of the VESSEL until delivery thereof, the Representative REPRESENTATIVE and his assistants assistant shall be given free and ready access to the VESSEL, its equipment engines and accessories, and to any other place where work is being done done, or materials are being processed or stored stored, in connection with the construction of the VESSEL, including the yards, workshops, workshops and stores and offices of the BUILDER, and the premises of subcontractors of the BUILDER BUILDER, who are doing work or storing materials in connection with the VESSEL's ’s construction. If In the event any disputes arise between the REPRESENTATIVE and the SELLER and/or the BUILDER's Quality Assurance and Quality Control is found to miss a number of major discrepancies during the construction, the BUYER may as it may deem appropriate supplement and the Quality Control coverage by contracting for an independent service. SELLER and/or the BUILDER shall try to settle the dispute by negotiation. Should the dispute not be obligated to pay for all costs for the third party services and shall make necessary corrections or repairs to the construction for discrepancies discovered settled by the independent third party negotiation either the SELLER and/or the BUILDER or the BUYER may refer such dispute to arbitration as if the discrepancies were found by BUILDER's own Quality Assurance and Quality Control organizationper Article XIII.

Appears in 1 contract

Samples: Construction and Sale (Scorpio Bulkers Inc.)

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