Common use of Inspection by Representative Clause in Contracts

Inspection by Representative. (a) The necessary inspections of the VESSEL, its machinery, equipment and outfitting shall be carried out by the Classification Society, Regulatory Bodies 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. The Representative shall have, during construction of the VESSEL, the right and obligation to attend such tests, trials and inspections of the VESSEL, its machinery and equipment as are mutually agreed between the BUYER and the BUILDER. The BUILDER shall give notice to the Representative reasonably in advance of the date and place of any tests and inspections to enable him to attend. (b) In the event that the Representative discovers any design, construction or material or workmanship which in his opinion does not conform to the requirements of this Contract and/or the Specifications, the Representative shall promptly give the BUILDER a notice in writing as to such non-conformity. Upon receipt of such notice from the Representative, the BUILDER shall correct such non-conformity, if the BUILDER agrees with his view. (c) During all working hours during the construction of the VESSEL and until delivery thereof, the Representative shall be given free and ready 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, including the workshops, stores and offices of the BUILDER, and the premises of the Subcontractors doing work or storing materials in connection with the VESSEL’s construction. (d) Inspection as described in this Clause shall not lead to any alteration or change of the BUILDER’s obligations under this Contract. Ulstein Verft AS X.X. Xxx 000, X-0000 Xxxxxxxxxx, Xxxxxx Tel. +00 0000 0000. Fax +00 0000 0000 Ent. No: 912 447 561 xxx.xxxxxxx.xxx

Appears in 4 contracts

Samples: Memorandum of Agreement (Nordic American Offshore Ltd.), Memorandum of Agreement (Nordic American Offshore Ltd.), Memorandum of Agreement (Nordic American Offshore Ltd.)

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Inspection by Representative. (a) The necessary inspections of the VESSEL, its machinery, equipment and outfitting shall be carried out by the Classification Society, Regulatory Bodies 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. The Representative shall have, during construction of the VESSEL, the right and obligation to attend such tests, trials and inspections of the VESSEL, its machinery and equipment as are mutually agreed between the BUYER and the BUILDER. The BUILDER shall give notice to the Representative reasonably in advance of the date and place of any tests and inspections to enable him to attend. (b) In the event that the Representative discovers any design, construction or material or workmanship which in his opinion does not conform to the requirements of this Contract and/or the Specifications, the Representative shall promptly give the BUILDER a notice in writing as to such non-conformity. Upon receipt of such notice from the Representative, the BUILDER shall correct such non-conformity, if the BUILDER agrees with his view. (c) During all working hours during the construction of the VESSEL and until delivery thereof, the Representative shall be given free and ready 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, including the workshops, stores and offices of the BUILDER, and the premises of the Subcontractors doing work or storing materials in connection with the VESSEL’s construction. (d) Inspection as described in this Clause shall not lead to any alteration or change of the BUILDER’s obligations under this Contract. Ulstein Verft AS X.X. Xxx 000, X-0000 Xxxxxxxxxx, Xxxxxx Tel. +00 0000 0000. Fax +00 0000 0000 Ent. No: 912 447 561 xxx.xxxxxxx.xxxxxx.xxxxxxx.xxx Shipbuilding Contract

Appears in 1 contract

Samples: Memorandum of Agreement

Inspection by Representative. (a) The necessary inspections inspection of the VESSELVessel, its machinery, equipment and outfitting outfittings shall be carried out by the Classification Society, Regulatory Bodies and the Representative and/or an inspection team of the BUILDER 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. The Representative shall haveand his assistants shall, during the construction of the VESSELVessel, have the right and obligation to attend such all tests, trials and inspections undertaken in respect of the VESSELVessel, its machinery machinery, equipment and equipment as are mutually agreed between the BUYER and the BUILDERoutfittings. The BUILDER Builder shall give reasonably notice to the Representative reasonably in advance of the date and place of any such tests and inspections to the Representative to enable him or any of his assistants to attend. (b. Failure of the Representative or his assistant(s) to be present at such tests and inspections after due notice to him as above provided shall be deemed to be a waiver of his right to be present. The Builder shall seek to arrange with its Subcontractors that the Representative or his assistants have a similar right of inspection and supervision in respect of the work performed by the Subcontractors. In the event that the Representative discovers any design, construction or material or workmanship which in his opinion does not conform to the requirements of this Contract and/or the SpecificationsContract, the Representative shall promptly give as soon as possible advise the BUILDER a notice in writing as to Builder of such non-conformity. Upon receipt Unless the Builder agrees to rectify the matter, a notice thereof (which may be included in minutes of such notice from the Representative, the BUILDER shall correct such non-conformity, if the BUILDER agrees with his view. (cmeeting or similar) During all working hours during the construction of the VESSEL and until delivery thereof, the Representative shall be given free and ready 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, including the workshops, stores and offices of the BUILDER, and the premises of the Subcontractors doing work or storing materials in connection with the VESSEL’s construction. (d) Builder. Inspection as described in this Clause clause shall not lead to constitute any alteration or change of changes in the BUILDER’s obligations Builder's obligation under this the Contract. Ulstein Verft AS X.X. Xxx 000, X-0000 Xxxxxxxxxx, Xxxxxx Tel. +00 0000 0000. Fax +00 0000 0000 Ent. No: 912 447 561 xxx.xxxxxxx.xxx.

Appears in 1 contract

Samples: Shipbuilding Contract (Trico Marine Services Inc)

Inspection by Representative. (a) The necessary inspections of the VESSEL, its machinery, equipment and outfitting shall be carried out by the Classification SocietyCLASSIFICATION SOCIETY, Regulatory Bodies other regulatory bodies 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. The Representative REPRESENTATIVE and his assistant shall have, during construction of the VESSEL, the right and obligation to attend such tests, trials 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 SELLER shall cause the BUILDER shall to give a notice to the Representative REPRESENTATIVE reasonably in advance of the date and place of any such tests and inspections to enable be attended by him for his convenience. Failure of the REPRESENTATIVE to attend. (b) In be present at such tests and inspections after due notice to him as above provided shall be deemed to be a waiver of his right to be present. The REPRESENTATIVE shall notify the SELLER and/or the BUILDER promptly, in writing, in the event that the Representative he discovers any design, construction or material material, which he believes, does not or workmanship which in his opinion does will not 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 a or as the REPRESENTATIVE may deem necessary. The SELLER shall, provided that such notice in writing as to is received by the SELLER and/or the BUILDER without delay after discovery by the REPRESENTATIVE of such non-conformity. Upon receipt of such notice from the Representativeconformity 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 correct 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 non-conformitypurpose 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 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 agrees without delay any such demand concerning alterations with his view. (c) During respect to the building, arrangement or outfit of the VESSEL, 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 REPRESENTATIVE shall be 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 and until delivery thereof, the Representative REPRESENTATIVE and his assistant shall be given free and ready 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, including the workshopsyards, workshops and stores and offices of the BUILDER, and the premises of subcontractors of the Subcontractors BUILDER, who are doing work or storing materials in connection with the VESSEL’s construction. (d) Inspection as described in this Clause shall not lead to . In the event any alteration or change of disputes arise between the REPRESENTATIVE and the SELLER and/or the BUILDER’s obligations under this Contract, the BUYER and the SELLER and/or the BUILDER shall try to settle the dispute by negotiation. Ulstein Verft AS X.X. Xxx 000, X-0000 Xxxxxxxxxx, Xxxxxx Tel. +00 0000 0000. Fax +00 0000 0000 Ent. No: 912 447 561 xxx.xxxxxxx.xxxShould the dispute not be settled by the negotiation either the SELLER and/or the BUILDER or the BUYER may refer such dispute to arbitration as per Article XIII.

Appears in 1 contract

Samples: Ship Sales Contract (Scorpio Bulkers Inc.)

Inspection by Representative. (a) The necessary inspections inspection of the VESSELVessel, its machinery, equipment and outfitting outfittings shall be carried out by the Classification Society, Regulatory Bodies and the Representative and/or an inspection team of the BUILDER 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. The Representative shall haveand his assistants shall, during the construction of the VESSELVessel, have the right and obligation to attend such all tests, trials and inspections undertaken in respect of the VESSELVessel, its machinery machinery, equipment and equipment as are mutually agreed between the BUYER and the BUILDERoutfittings. The BUILDER Builder shall give reasonably notice to the Representative reasonably in advance of the date and place of any such tests and inspections to the Representative to enable him or any of his assistants to attend. (b. Failure of the Representative or his assistant(s) to be present at such tests and inspections after due notice to him as above provided shall be deemed to be a waiver of his right to be present. The Builder shall seek to arrange with its Subcontractors that the Representative or his assistants have a similar right of inspection and supervision in respect of the work performed by the Subcontractors. In the event that the Representative discovers any design, construction or material or workmanship which in his opinion does not conform to the requirements of this Contract and/or the SpecificationsContract, the Representative shall promptly give as soon as possible advise the BUILDER a notice in writing as to Builder of such non-conformity. Upon receipt of such Unless the Builder agrees to rectify the matter, a notice from the Representative, the BUILDER shall correct such non-conformity, if the BUILDER agrees with his view. thereof (cwhich may be included in minutes or meeting or similar) During all working hours during the construction of the VESSEL and until delivery thereof, the Representative shall be given free and ready access to the VESSEL, its engines Builder. Attendance at tests and accessories, inspection or non attendance at tests 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 workshops, stores and offices of the BUILDER, and the premises of the Subcontractors doing work or storing materials in connection with the VESSEL’s construction. (d) Inspection inspection as described in this Clause clause shall not lead to affect any alteration or change of the BUILDERBuilder’s obligations obligation under this the Contract. Ulstein Verft AS X.X. Xxx 000, X-0000 Xxxxxxxxxx, Xxxxxx Tel. +00 0000 0000. Fax +00 0000 0000 Ent. No: 912 447 561 xxx.xxxxxxx.xxx.

Appears in 1 contract

Samples: Shipbuilding and Construction Agreement (Stolt Nielsen S A)

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Inspection by Representative. (a) The necessary inspections Builder shall provide unimpeded access for the inspection of the VESSELVessel, its machinery, equipment and outfitting shall be carried out 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 Classification Society, Regulatory Bodies and the Representative and/or an inspection team of the BUILDER 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. The Representative shall haveVessel, during construction of the VESSEL, have the right and obligation to attend such all tests, trials and inspections undertaken in respect of the VESSELVessel, its machinery machinery, equipment and equipment as are mutually agreed between the BUYER and the BUILDERoutfittings. The BUILDER Builder shall give reasonable notice to the Representative reasonably in advance of the date and place of any such tests and inspections to the Representative to enable him or any of his assistants to attend. (b. Failure of the Representative or his assistant(s) to be present at such tests and inspections after due notice to him as above provided shall be deemed to be a waiver of his right to be present. The Builder shall provide the Representative and/or his assistants with a similar right of inspection and supervision in respect of the work performed by the Subcontractor(s) of the construction of the 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 respect 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 in its or his opinion does not conform to the requirements of this the Contract and/or (including the Specificationsrequirements for subcontracting), Buyer, the Representative or his assistants shall promptly give as soon as possible advise the BUILDER a notice in writing as to Builder of such non-conformity. Upon receipt Unless the Builder agrees to rectify the matter, a notice thereof (which may be included in minutes of such notice from the Representative, the BUILDER shall correct such non-conformity, if the BUILDER agrees with his view. (cmeeting or similar) During all working hours during the construction of the VESSEL and until delivery thereof, the Representative shall be given free and ready access to the VESSEL, its engines 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 donedesign, 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 workshops, stores and offices standard required for due performance of the BUILDER, and the premises of the Subcontractors doing work or storing materials in connection with the VESSEL’s construction. (d) Inspection as described in this Clause shall not lead to any alteration or change of the BUILDER’s obligations under this Contract. Ulstein Verft AS X.X. Xxx 000, X-0000 Xxxxxxxxxx, Xxxxxx Tel. +00 0000 0000. Fax +00 0000 0000 Ent. No: 912 447 561 xxx.xxxxxxx.xxx.

Appears in 1 contract

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

Inspection by Representative. (a) The necessary inspections of the VESSEL, its machinery, equipment and outfitting outfittings shall be carried out by the Classification Society, Regulatory Bodies other regulatory bodies 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. The Representative shall have, during construction of the VESSEL, the right and obligation to attend such tests, trials tests and inspections of the VESSEL, its machinery and equipment as are mutually agreed between the BUYER and the BUILDER. The BUILDER shall give a notice to the Representative reasonably in advance of the date and place of any such tests and inspections to enable be attended by him for his convenience. Failure of the Representative to attend. (b) be present at such tests and inspections after due notice to him as above provided shall be deemed to be a waiver of his right to be present. In the event that the Representative discovers any design, construction or material or workmanship which in his opinion does 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 writing as to such non-conformity. Upon receipt of such notice from the Representative, the BUILDER shall correct such non-conformity, if it is found not to be in accordance with the BUILDER agrees with his view. (c) During Specifications, drawings, plans. In all working hours during the construction of the VESSEL and until delivery thereof, the Representative shall be given free and ready 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, including the yards, workshops, stores and offices office of the BUILDER, and the premises of subcontractors of the Subcontractors BUILDER who are doing work or storing materials in connection with the VESSEL’s construction. (d) Inspection as described in this Clause shall not lead to any alteration or change of the BUILDER’s obligations under this Contract. Ulstein Verft AS X.X. Xxx 000, X-0000 Xxxxxxxxxx, Xxxxxx Tel. +00 0000 0000. Fax +00 0000 0000 Ent. No: 912 447 561 xxx.xxxxxxx.xxx

Appears in 1 contract

Samples: Shipbuilding Contract (Tsakos Energy Navigation LTD)

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