Inspection by the Supervisor. The necessary inspections of the DRILLSHIP, its machinery, equipment and outfittings shall be carried out by the Classification Society, other regulatory bodies and/or the Supervisor throughout the entire period of construction in order to ensure that the design, construction, building, launching, equipping, testing and completion of the DRILLSHIP is duly performed in accordance with the Contract and the Specifications. The BUILDER shall give a written notice to the Supervisors reasonably in advance of the date and place of tests and inspections for the convenience of their attendance. Failure of the Supervisors to be present at such tests and inspections after due notice to them as above provided, shall be deemed to be a waiver of their right to be present. In such cases, the BUYER shall be obliged to accept the results of such tests and inspections on the basis of the BUILDER’s certificate subject to acceptance by the Classification Society. Whether or not the Supervisors have been present, the BUILDER shall promptly deliver to the BUYER or the Supervisors a copy of the results of all tests and inspections. For tests or inspections outside the Shipyard sufficient advance notice to allow for the Supervisor to arrange transportation shall be given. This advance notice should not be less than three (3) days for tests or inspection that require air travel for attendance. The inspection schedule must be reasonable at all times in order to allow the Supervisor to carry out their duties properly and inspections must be spread over reasonable time, but in follow building schedule at the same rate. BUILDER may request BUYER’s Supervisor to attend the inspection and tests during public holidays and weekends and/or Company holidays in order to keep BUILDER’s construction schedule. BUYER’s Supervisor shall fully cooperate with BUILDER and promptly attend such inspection/tests including those for surface preparation and painting work, which are especially vulnerable to weather condition and time interval. However, BUILDER shall keep such inspection and tests to a minimum and only when the inspection and tests affect BUILDER’s construction schedule. The BUILDER’s prior notice of such inspection/test schedule shall be informed to the BUYER’s Supervisor one (1) day in advance as a minimum. If any of the BUYER’s Supervisors discover any construction, material or workmanship which is not deemed to conform to the requirements of this Contract and/or the Specifications, the BUYER’s Supervisors shall promptly give the BUILDER a notice in writing that such alleged non-conformity exists. Upon receipt of such notice from the BUYER’s Supervisor, the BUILDER shall correct such non-conformity, if the BUILDER agrees to his view. Any disagreement shall be resolved in accordance with Paragraph 1 of Article XII and shall to the extent possible not prevent the progress of the construction and the timely delivery of the DRILLSHIP.
Appears in 2 contracts
Samples: Construction Contract (DryShips Inc.), Construction Contract (DryShips Inc.)
Inspection by the Supervisor. The necessary inspections of the DRILLSHIPVESSEL, its machinery, equipment and outfittings shall be carried out by the Classification Society, other applicable regulatory bodies and/or an inspection team of the Supervisor BUILDER throughout the entire period of construction in order to ensure that the design, construction, building, launching, equipping, testing and completion construction of the DRILLSHIP VESSEL is duly performed in accordance with the this Contract and the Specifications. The Supervisor shall have, during construction of the VESSEL, the right to attend such tests and inspections of the VESSEL, its machinery and equipment within the premises of either the BUILDER or its subcontractors and shall have the right to inspect any work in progress or materials utilized in connection with the construction of the VESSEL, wherever such work is being done or such materials are stored, Detailed procedures of the inspection and the tests thereof shall be in accordance with the Specifications. The BUILDER shall give a written reasonable advance notice to the Supervisors reasonably in advance Supervisor of the date and place of tests such tests, trials and inspections for inspections, which may be attended by him, including, when relevant, a description of the convenience test, procedure and level of their attendanceperformance to be reached in order to comply with the Specifications. Failure of by the Supervisors Supervisor to be present at such tests tests, trials and inspections after due notice to them him as above provided, aforesaid shall be deemed to be a waiver of their the Supervisor’s right to be present. In such cases, case the BUYER shall number of assistants as mentioned hereinabove would not be obliged sufficient to accept the results of such tests and inspections on the basis of meet the BUILDER’s certificate subject to acceptance by the Classification Society. Whether or not the Supervisors have been present’S schedule of tests, trials and inspection, the BUILDER shall promptly deliver to either reschedule these tests, trials and inspection or may accept that the BUYER increase the number of assistants as necessary. Upon completion of each test, trial or inspection, the Supervisors BUILDER shall provide the Supervisor with a copy of the results of all tests and inspectionsBUILDER’S report relating to that test, trial or inspection. For tests or inspections outside the Shipyard sufficient advance notice to allow for If the Supervisor to arrange transportation shall be given. This advance notice should not be less than three (3) days for tests or inspection that require air travel for attendance. The inspection schedule must be reasonable at all times in order to allow the Supervisor to carry out their duties properly and inspections must be spread over reasonable time, but in follow building schedule at the same rate. BUILDER may request BUYER’s Supervisor to attend the inspection and tests during public holidays and weekends and/or Company holidays in order to keep BUILDER’s construction schedule. BUYER’s Supervisor shall fully cooperate with BUILDER and promptly attend such inspection/tests including those for surface preparation and painting work, which are especially vulnerable to weather condition and time interval. However, BUILDER shall keep such inspection and tests to a minimum and only when the inspection and tests affect BUILDER’s construction schedule. The BUILDER’s prior notice of such inspection/test schedule shall be informed to the BUYER’s Supervisor one (1) day in advance as a minimum. If any of the BUYER’s Supervisors discover discovers any construction, material or workmanship workmanship, which is not deemed to conform to the requirements of this Contract and/or the Specifications, the BUYER’s Supervisors Supervisor shall promptly give the BUILDER a notice in writing that such specifying the alleged non-conformity existsconformity. Upon receipt of such notice from the BUYER’s Supervisor, the BUILDER shall correct such non-conformity, if the BUILDER agrees to his view. Any disagreement shall be resolved in accordance with Paragraph 1 of Article XII and shall to XII. If the extent possible not prevent Classification Society or the progress arbitrator enters a determination in favor of the construction BUYER, then in such case the BUILDER shall correct such non-conformity, or in the BUYER’s option the BUILDER shall make fair and reasonable adjustment of the Contract Price to be mutually agreed between the BUILDER and the timely delivery BUYER in lieu of such corrections. The attendance or lack of attendance of of the DRILLSHIPSupervisor or his assistants at any test or inspection shall, in no way, diminish or affect the liability of the BUILDER under this Contract.
Appears in 2 contracts
Samples: Shipbuilding and Construction Agreement (Stolt Nielsen S A), Shipbuilding and Construction Agreement (Stolt Nielsen S A)
Inspection by the Supervisor. The necessary inspections of the DRILLSHIPVESSEL, its machinery, equipment and outfittings shall be carried out by the Classification Society, other regulatory bodies and/or an inspection team of the Supervisor BUILDER throughout the entire period of construction in order to ensure that the design, construction, building, launching, equipping, testing and completion construction of the DRILLSHIP VESSEL is duly performed in accordance with the this Contract and the SpecificationsSPECIFICATIONS The Supervisor shall have, during construction of the VESSEL, the right to attend such tests and inspections of the VESSEL, its machinery and equipment within the premises of either the BUILDER or its subcontractors. The BUILDER shall give a written notice to the Supervisors reasonably Supervisor, in advance of the date and place of such tests and inspections for the convenience of their attendance. Failure Detailed procedures of the Supervisors to be present at such inspection and the tests and inspections after due notice to them as above provided, thereof shall be deemed to be a waiver of their right to be present. In such cases, in accordance with the BUYER shall be obliged to accept the results of such tests and inspections on the basis of the BUILDER’s certificate subject to acceptance by the Classification Society. Whether or not the Supervisors have been present, the BUILDER shall promptly deliver to the BUYER or the Supervisors a copy of the results of all tests and inspections. For tests or inspections outside the Shipyard sufficient advance notice to allow for the Supervisor to arrange transportation shall be given. This advance notice should not be less than three (3) days for tests or inspection that require air travel for attendanceSPECIFICATIONS . The inspection schedule must be reasonable at all times in order to allow the Supervisor to carry out their duties properly and inspections must be spread over reasonable time, but in follow building schedule at the same rate. BUILDER may request BUYER’s Supervisor supervisor to attend the inspection and tests during public holidays and weekends and/or Company holidays in order to keep BUILDER’s construction schedule. BUYER’s Supervisor supervisor shall fully cooperate with BUILDER and promptly attend such inspection/tests including those for surface preparation and painting work, which are especially vulnerable to weather condition and time interval. However, BUILDER shall keep such inspection and tests to a minimum and only when the inspection and tests affect BUILDER’s construction schedule. The BUILDER’s prior notice of such inspection/test schedule shall be informed to the BUYER’s Supervisor one (1supervisor three(3) day working days in advance as a minimumminimum The Supervisor shall be entitled to request copies of all test results and trials as soon as required for the performance of his duties. The Supervisor shall notify the BUILDER of deficiencies in the construction of the VESSEL or materials. The BUILDER should examine the deficiency and rectify. If any of the BUYER’s Supervisors supervisors discover any construction, material or workmanship which is not deemed to conform to the requirements of this Contract and/or the SpecificationsSPECIFICATIONS , the BUYER’s Supervisors supervisors shall promptly give the BUILDER a notice in writing that such alleged non-conformity exists. Upon receipt of such notice from the BUYER’s Supervisorsupervisor, the BUILDER shall correct such non-conformity, if the BUILDER agrees to his view. Any disagreement shall be resolved in accordance with Paragraph 1 of Article XII and shall to the extent possible not prevent the progress of the construction and the timely delivery of the DRILLSHIPXII.
Appears in 2 contracts
Samples: Construction Contract (Danaos Corp), Construction Contract (Danaos Corp)
Inspection by the Supervisor. The necessary inspections of the DRILLSHIPVESSEL, its machinery, equipment and outfittings outfitting shall be carried out by the Classification Society, other regulatory bodies and/or the Supervisor throughout the entire period of construction in order to ensure that the design, construction, building, launching, equipping, testing and completion construction of the DRILLSHIP VESSEL is duly performed in accordance with the Contract Specifications. The Supervisor shall have, during construction of the VESSEL, the right to attend such tests and inspections of the VESSEL, its machinery and equipment within the premises of either the BUILDER or its subcontractors. Detailed procedures of the inspection and the tests thereof shall be in accordance with Specifications. The Supervisor shall, within the limits of the authority conferred upon him by the OWNER, make decisions or give advice to the BUILDER on behalf of the OWNER promptly on all problems arising out of, or in connection with, the construction of the VESSEL and generally act in a reasonable manner with a view to cooperating to the utmost with the BUILDER in the construction process of the VESSEL. The decision, approval or advice of the Supervisor within the limits of authority conferred on the Supervisor by the OWNER shall be deemed to have been given by the OWNER. THE OWNER's Supervisor shall notify the BUILDER promptly in writing of his discovery of any construction or materials, which he believes do not or will not conform to the requirements of the Contract or the Specifications and likewise advise and consult with the BUILDER on all matters pertaining to the construction of the VESSEL, as may be required by the BUILDER, or as he may deem necessary. However, if the Supervisor fails to submit to the BUILDER promptly any such demand concerning alterations or changes with respect to the construction, arrangement or outfit of the VESSEL which the Supervisor has examined, inspected or attended at the test thereof under this Contract or the Specifications, the Supervisor shall be deemed to have approved the same and shall be precluded from making any demand for alterations, changes, or complaints with respect thereto at a later date. The BUILDER shall give a written notice comply with any such demand which is not contradictory to this Contract, provided that any and all such demands by the Supervisor with regard to construction, arrangement and outfit of the VESSEL shall be submitted in writing to the Supervisors reasonably in advance of the date and place of tests and inspections for the convenience of their attendance. Failure of the Supervisors to be present at such tests and inspections after due notice to them as above provided, shall be deemed to be a waiver of their right to be present. In such cases, the BUYER shall be obliged to accept the results of such tests and inspections on the basis authorized representative of the BUILDER’s certificate subject . The BUILDER shall notify the Supervisor of the names of the persons who are from time to acceptance time authorized by the Classification SocietyBUILDER for this purpose. Whether or not It is agreed upon between the Supervisors have been present, OWNER and the BUILDER shall promptly deliver that the modifications, alterations or changes and other measures necessary to comply with such demand may be effected at a convenient time and place at the BUYER or the Supervisors a copy BUILDER's reasonable discretion in view of the results construction schedule of all tests and inspectionsthe VESSEL. For tests or inspections outside In the Shipyard sufficient advance notice to allow for event that the Supervisor to arrange transportation shall be given. This advance notice should advise the BUILDER that he has discovered and believes the construction or materials do not be less than three (3) days for tests or inspection that require air travel for attendance. The inspection schedule must be reasonable at all times in order to allow the Supervisor to carry out their duties properly and inspections must be spread over reasonable time, but in follow building schedule at the same rate. BUILDER may request BUYER’s Supervisor to attend the inspection and tests during public holidays and weekends and/or Company holidays in order to keep BUILDER’s construction schedule. BUYER’s Supervisor shall fully cooperate with BUILDER and promptly attend such inspection/tests including those for surface preparation and painting work, which are especially vulnerable to weather condition and time interval. However, BUILDER shall keep such inspection and tests to a minimum and only when the inspection and tests affect BUILDER’s construction schedule. The BUILDER’s prior notice of such inspection/test schedule shall be informed to the BUYER’s Supervisor one (1) day in advance as a minimum. If any of the BUYER’s Supervisors discover any construction, material or workmanship which is will not deemed to conform to the requirements of this Contract and/or the Specifications, the BUYER’s Supervisors shall promptly give the BUILDER a notice in writing that such alleged non-conformity exists. Upon receipt of such notice from the BUYER’s Supervisor, and the BUILDER shall correct not agree with the views of the Supervisor in such non-conformityrespect, if either the OWNER or the BUILDER agrees to his view. Any disagreement shall be resolved may either seek an opinion of the Classification Society or request an arbitration in accordance with Paragraph 1 the provisions of Article XII and hereof. The Classification Society or the Arbitration Board shall to determine whether or not a nonconformity with the extent possible not prevent provisions of this Contract exist. If the progress Classification Society or the Arbitration Board enters a determination in favor of the OWNER, then in such case the BUILDER shall make the necessary alterations or changes, or if such alterations or changes cannot be made in time to meet the construction schedule for the VESSEL the BUILDER shall make fair and reasonable adjustment of the timely Contract Price in lieu of such alterations and changes. If the Classification Society or the Arbitration Board enters a determination in favor of the BUILDER, then the time for delivery of the DRILLSHIPVESSEL shall be extended for a period of delay in construction, if any, occasioned by such proceedings, and the OWNER shall compensate the BUILDER for the proven loss and damages (always excluding consequential damages) incurred to the BUILDER as a result of the dispute herein referred to. OWNER's Supervisor, at his discretion, may refuse to inspect or attend tests where adequate safety measures have not been implemented and in such event such tests/inspections shall not be deemed complete.
Appears in 2 contracts
Samples: Contract for Construction and Sale of Vessel (R&b Falcon Corp), Construction Contract (R&b Falcon Corp)
Inspection by the Supervisor. The necessary inspections of the DRILLSHIPVESSEL, its machinery, equipment and outfittings shall be carried out by the Classification Society, other regulatory bodies and/or an inspection team of the Supervisor BUILDER throughout the entire period of construction in order to ensure that the design, construction, building, launching, equipping, testing and completion construction of the DRILLSHIP VESSEL is duly performed in accordance with the this Contract and the SpecificationsSPECIFICATIONS The Supervisor shall have, during construction of the VESSEL, the right to attend such tests and inspections of the VESSEL, its machinery and equipment within the premises of either the BUILDER or its subcontractors. The BUILDER shall give a written notice to the Supervisors reasonably Supervisor, in advance of the date and place of such tests and inspections for the convenience of their attendance. Failure Detailed procedures of the Supervisors to be present at such inspection and the tests and inspections after due notice to them as above provided, thereof shall be deemed to be a waiver of their right to be present. In such cases, in accordance with the BUYER shall be obliged to accept the results of such tests and inspections on the basis of the BUILDER’s certificate subject to acceptance by the Classification Society. Whether or not the Supervisors have been present, the BUILDER shall promptly deliver to the BUYER or the Supervisors a copy of the results of all tests and inspections. For tests or inspections outside the Shipyard sufficient advance notice to allow for the Supervisor to arrange transportation shall be given. This advance notice should not be less than three (3) days for tests or inspection that require air travel for attendanceSPECIFICATIONS . The inspection schedule must be reasonable at all times in order to allow the Supervisor to carry out their duties properly and inspections must be spread over reasonable time, but in follow building schedule at the same rate. BUILDER may request BUYER’s Supervisor supervisor to attend the inspection and tests during public holidays and weekends and/or Company holidays in order to keep BUILDER’s construction schedule. BUYERXXXXX’s Supervisor supervisor shall fully cooperate with BUILDER and promptly attend such inspection/tests including those for surface preparation and painting work, which are especially vulnerable to weather condition and time interval. However, BUILDER shall keep such inspection and tests to a minimum and only when the inspection and tests affect BUILDER’s construction schedule. The BUILDER’s prior notice of such inspection/test schedule shall be informed to the BUYER’s Supervisor one (1supervisor three(3) day working days in advance as a minimumminimum The Supervisor shall be entitled to request copies of all test results and trials as soon as required for the performance of his duties. The Supervisor shall notify the BUILDER of deficiencies in the construction of the VESSEL or materials. The BUILDER should examine the deficiency and rectify. If any of the BUYER’s Supervisors supervisors discover any construction, material or workmanship which is not deemed to conform to the requirements of this Contract and/or the SpecificationsSPECIFICATIONS , the BUYER’s Supervisors supervisors shall promptly give the BUILDER a notice in writing that such alleged non-conformity exists. Upon receipt of such notice from the BUYER’s Supervisorsupervisor, the BUILDER shall correct such non-conformity, if the BUILDER agrees to his view. Any disagreement shall be resolved in accordance with Paragraph 1 of Article XII and shall to the extent possible not prevent the progress of the construction and the timely delivery of the DRILLSHIPXII.
Appears in 2 contracts
Samples: Construction Contract (Danaos Corp), Construction Contract (Danaos Corp)
Inspection by the Supervisor. The necessary inspections of the DRILLSHIP, its machinery, equipment and outfittings shall be carried out by the Classification Society, other regulatory bodies and/or the Supervisor throughout the entire period of construction in order to ensure that the design, construction, building, launching, equipping, testing and completion construction of the DRILLSHIP is duly performed in accordance with the Contract Specifications. The Supervisor shall have, during construction of the DRILLSHIP, the right to attend such tests and inspections of the DRILLSHIP, its machinery and equipment within the premises of either the BUILDER or its subcontractors. Detailed procedures of the inspection and the tests thereof shall be in accordance with Specifications. The Supervisor shall, within the limits of the authority conferred upon him by the BUYER, make decisions or give advice to the BUILDER on behalf of the BUYER promptly on all problems arising out of, or in connection with, the construction of the DRILLSHIP and generally act in a reasonable manner with a view to cooperating to the utmost with the BUILDER in the construction process of the DRILLSHIP. The decision, approval or advice of the Supervisor within the limits of authority conferred on the Supervisor by the BUYER shall be deemed to have been given by the BUYER. The BUYER's Supervisor shall notify the BUILDER promptly in writing of his discovery of any construction or materials, which he believes do not or will not conform to the requirements of the Contract or the Specifications and likewise advise and consult with the BUILDER on all matters pertaining to the construction of the DRILLSHIP, as may be required by the BUILDER, or as he may deem necessary. However, if the Supervisor fails to submit to the BUILDER promptly any such demand concerning alterations or changes with respect to the construction, arrangement or outfit of the DRILLSHIP which the Supervisor has examined, inspected or attended at the test thereof under this Contract or the Specifications, the Supervisor shall be deemed to have approved the same and shall be precluded from making any demand for alterations, changes, or complaints with respect thereto at a later date. The BUILDER shall give a written notice comply with any such demand which is not contradictory to this Contract or the Specifications, provided that any and all such demands by the Supervisor with regard to construction, arrangement and outfit of the DRILLSHIP shall be submitted in writing to the Supervisors reasonably in advance of the date and place of tests and inspections for the convenience of their attendance. Failure of the Supervisors to be present at such tests and inspections after due notice to them as above provided, shall be deemed to be a waiver of their right to be present. In such cases, the BUYER shall be obliged to accept the results of such tests and inspections on the basis authorized representative of the BUILDER’s certificate subject . The BUILDER shall notify the Supervisor of the names of the persons who are from time to acceptance time authorized by the Classification SocietyBUILDER for this purpose. Whether or not It is agreed upon between the Supervisors have been present, BUYER and the BUILDER shall promptly deliver that the modifications, alterations or changes and other measures necessary to comply with such demand may be effected at a convenient time and place at the BUYER or the Supervisors a copy BUILDER's reasonable discretion in view of the results construction schedule of all tests and inspectionsthe vessel. For tests or inspections outside In the Shipyard sufficient advance notice to allow for event that the Supervisor to arrange transportation shall be given. This advance notice should advise the BUILDER that he has discovered and believes the construction or materials do not be less than three (3) days for tests or inspection that require air travel for attendance. The inspection schedule must be reasonable at all times in order to allow the Supervisor to carry out their duties properly and inspections must be spread over reasonable time, but in follow building schedule at the same rate. BUILDER may request BUYER’s Supervisor to attend the inspection and tests during public holidays and weekends and/or Company holidays in order to keep BUILDER’s construction schedule. BUYER’s Supervisor shall fully cooperate with BUILDER and promptly attend such inspection/tests including those for surface preparation and painting work, which are especially vulnerable to weather condition and time interval. However, BUILDER shall keep such inspection and tests to a minimum and only when the inspection and tests affect BUILDER’s construction schedule. The BUILDER’s prior notice of such inspection/test schedule shall be informed to the BUYER’s Supervisor one (1) day in advance as a minimum. If any of the BUYER’s Supervisors discover any construction, material or workmanship which is will not deemed to conform to the requirements of this Contract and/or or the Specifications, the BUYER’s Supervisors shall promptly give the BUILDER a notice in writing that such alleged non-conformity exists. Upon receipt of such notice from the BUYER’s Supervisor, and the BUILDER shall correct not agree with the views of the Supervisor in such non-conformityrespect, if either the BUYER or the BUILDER agrees to his view. Any disagreement shall be resolved may either seek an opinion of the Classification Society or request an arbitration in accordance with Paragraph 1 the provisions of Article XII hereof. The Classification Society or the Arbitration Board shall determine whether or not a nonconformity with the provisions of this Contract and shall to the extent possible not prevent Specifications exist. If the progress Classification Society or the Arbitration Board enters a determination in favour of the BUYER, then in such case the BUILDER shall make the necessary alterations or changes, or if such alterations or changes cannot be made in time to meet the construction schedule for the DRILLSHIP the BUILDER shall make fair and reasonable adjustment of the timely Contract Price in lieu of such alterations and changes. If the Classification Society or the Arbitration Board enters a determination in favour of the BUILDER, then the time for delivery of the DRILLSHIPDRILLSHIP shall be extended for a period of delay in construction, if any, occasioned by such proceedings, and the BUYER shall compensate the BUILDER for the proven loss and damages (always excluding consequential damages) incurred to the BUILDER as a result of the dispute herein referred to. BUYER's Supervisor, at his discretion, may refuse to inspect or attend tests where adequate safety measures have not been implemented and in such event such tests/inspections shall not be deemed complete.
Appears in 1 contract
Samples: Contract for Construction and Sale of a Drilling Ship (R&b Falcon Corp)
Inspection by the Supervisor. The necessary inspections of the DRILLSHIPVESSEL, its machinery, equipment and outfittings shall be carried out by the Classification Society, other regulatory bodies and/or an inspection team of the Supervisor BUILDER throughout the entire period of construction in order to ensure that the design, construction, building, launching, equipping, testing and completion construction of the DRILLSHIP VESSEL is duly performed in accordance with the this Contract and the SpecificationsSPECIFICATIONS The Supervisor shall have, during construction of the VESSEL, the right to attend such tests and inspections of the VESSEL, its machinery and equipment within the premises of either the BUILDER or its subcontractors. The BUILDER shall give a written notice to the Supervisors reasonably Supervisor, in advance of the date and place of such tests and inspections for the convenience of their attendance. Failure Detailed procedures of the Supervisors to be present at such inspection and the tests and inspections after due notice to them as above provided, thereof shall be deemed to be a waiver of their right to be present. In such cases, in accordance with the BUYER shall be obliged to accept the results of such tests and inspections on the basis of the BUILDER’s certificate subject to acceptance by the Classification Society. Whether or not the Supervisors have been present, the BUILDER shall promptly deliver to the BUYER or the Supervisors a copy of the results of all tests and inspections. For tests or inspections outside the Shipyard sufficient advance notice to allow for the Supervisor to arrange transportation shall be given. This advance notice should not be less than three (3) days for tests or inspection that require air travel for attendanceSPECIFICATIONS . The inspection schedule must be reasonable at all times in order to allow the Supervisor to carry out their duties properly and inspections must be spread over reasonable time, but in follow building schedule at the same rate. BUILDER may request BUYER’s Supervisor supervisor to attend the inspection and tests during public holidays and weekends and/or Company holidays in order to keep BUILDER’s construction schedule. BUYERXXXXX’s Supervisor supervisor shall fully cooperate with BUILDER and promptly attend such inspection/tests including those for surface preparation and painting work, which are especially vulnerable to weather condition and time interval. However, BUILDER shall keep such inspection and tests to a minimum and only when the inspection and tests affect BUILDER’s construction schedule. The BUILDER’s prior notice of such inspection/test schedule shall be informed to the BUYER’s Supervisor one (1supervisor three(3) day working days in advance as a minimumminimum The Supervisor shall be entitled to request copies of all test results and trials as soon as required for the performance of his duties. The Supervisor shall notify the BUILDER of deficiencies in the construction of the VESSEL or materials. The BUILDER should examine the deficiency and rectify. If any of the BUYER’s Supervisors supervisors discover any construction, material or 20 workmanship which is not deemed to conform to the requirements of this Contract and/or the SpecificationsSPECIFICATIONS , the BUYER’s Supervisors supervisors shall promptly give the BUILDER a notice in writing that such alleged non-conformity exists. Upon receipt of such notice from the BUYER’s Supervisorsupervisor, the BUILDER shall correct such non-conformity, if the BUILDER agrees to his view. Any disagreement shall be resolved in accordance with Paragraph 1 of Article XII and shall to the extent possible not prevent the progress of the construction and the timely delivery of the DRILLSHIPXII.
Appears in 1 contract
Samples: Construction Contract
Inspection by the Supervisor. The necessary inspections of the DRILLSHIPVESSEL, its machinery, equipment and outfittings shall be carried out by the Classification Society, other regulatory bodies and/or an inspection team of the Supervisor BUILDER throughout the entire period of construction in order to ensure that the design, construction, building, launching, equipping, testing and completion construction of the DRILLSHIP VESSEL is duly performed in accordance with the this Contract and the SpecificationsSPECIFICATIONS. The Supervisor shall have, during construction of the VESSEL, the right to attend such tests and inspections of the VESSEL, its machinery and equipment within the premises of either the BUILDER or its subcontractors. The BUILDER shall give a written notice to the Supervisors reasonably Supervisor, in advance of the date and place of such tests and inspections for the convenience of their attendance. Failure Detailed procedures of the Supervisors to be present at such inspection and the tests and inspections after due notice to them as above provided, thereof shall be deemed to be a waiver of their right to be present. In such cases, in accordance with the BUYER shall be obliged to accept the results of such tests and inspections on the basis of the BUILDER’s certificate subject to acceptance by the Classification Society. Whether or not the Supervisors have been present, the BUILDER shall promptly deliver to the BUYER or the Supervisors a copy of the results of all tests and inspections. For tests or inspections outside the Shipyard sufficient advance notice to allow for the Supervisor to arrange transportation shall be given. This advance notice should not be less than three (3) days for tests or inspection that require air travel for attendanceSPECIFICATIONS . The inspection schedule must be reasonable at all times in order to allow the Supervisor to carry out their duties properly and inspections must be spread over reasonable time, but in follow building schedule at the same rate. BUILDER may request BUYER’s Supervisor supervisor to attend the inspection and tests during public holidays and weekends and/or Company holidays in order to keep BUILDER’s construction schedule. BUYER’s Supervisor supervisor shall fully cooperate with BUILDER and promptly attend such inspection/tests including those for surface preparation and painting work, which are especially vulnerable to weather condition and time interval. However, BUILDER shall keep such inspection and tests to a minimum and only when the inspection and tests affect BUILDER’s construction schedule. The BUILDER’s prior notice of such inspection/test schedule shall be informed to the BUYER’s Supervisor one (1supervisor three(3) day working days in advance as a minimumminimum The Supervisor shall be entitled to request copies of all test results and trials as soon as required for the performance of his duties. The Supervisor shall notify the BUILDER of deficiencies in the construction of the VESSEL or materials. The BUILDER should examine the deficiency and rectify. If any of the BUYER’s Supervisors supervisors discover any construction, material or workmanship which is not deemed to conform to the requirements of this Contract and/or the SpecificationsSPECIFICATIONS , the BUYER’s Supervisors supervisors shall promptly give the BUILDER a notice in writing that such alleged non-conformity exists. Upon receipt of such notice from the BUYER’s Supervisorsupervisor, the BUILDER shall correct such non-conformity, if the BUILDER agrees to his view. Any disagreement shall be resolved in accordance with Paragraph 1 of Article XII and shall to the extent possible not prevent the progress of the construction and the timely delivery of the DRILLSHIPXII.
Appears in 1 contract
Samples: Construction Contract (Danaos Corp)
Inspection by the Supervisor. The necessary inspections of the DRILLSHIPVESSEL, its machinery, equipment and outfittings shall be carried out by the Classification Society, other regulatory bodies and/or an inspection team of the Supervisor BUILDER throughout the entire period of construction in order to ensure that the design, construction, building, launching, equipping, testing and completion construction of the DRILLSHIP VESSEL is duly performed in accordance with the this Contract and the SpecificationsSPECIFICATIONS. The Supervisor shall have, during construction of the VESSEL, the right to attend such tests and inspections of the VESSEL, its machinery and equipment within the premises of either the BUILDER or its subcontractors. The BUILDER shall give a written notice to the Supervisors reasonably Supervisor, in advance of the date and place of such tests and inspections for the convenience of their attendance. Failure Detailed procedures of the Supervisors to be present at such inspection and the tests and inspections after due notice to them as above provided, thereof shall be deemed to be a waiver of their right to be present. In such cases, in accordance with the BUYER shall be obliged to accept the results of such tests and inspections on the basis of the BUILDER’s certificate subject to acceptance by the Classification Society. Whether or not the Supervisors have been present, the BUILDER shall promptly deliver to the BUYER or the Supervisors a copy of the results of all tests and inspections. For tests or inspections outside the Shipyard sufficient advance notice to allow for the Supervisor to arrange transportation shall be given. This advance notice should not be less than three (3) days for tests or inspection that require air travel for attendanceSPECIFICATIONS . The inspection schedule must be reasonable at all times in order to allow the Supervisor to carry out their duties properly and inspections must be spread over reasonable time, but in follow building schedule at the same rate. BUILDER may request BUYER’s Supervisor supervisor to attend the inspection and tests during public holidays and weekends and/or Company holidays in order to keep BUILDER’s construction schedule. BUYERXXXXX’s Supervisor supervisor shall fully cooperate with BUILDER and promptly attend such inspection/tests including those for surface preparation and painting work, which are especially vulnerable to weather condition and time interval. However, BUILDER shall keep such inspection and tests to a minimum and only when the inspection and tests affect BUILDER’s construction schedule. The BUILDER’s prior notice of such inspection/test schedule shall be informed to the BUYER’s Supervisor one (1supervisor three(3) day working days in advance as a minimumminimum The Supervisor shall be entitled to request copies of all test results and trials as soon as required for the performance of his duties. The Supervisor shall notify the BUILDER of deficiencies in the construction of the VESSEL or materials. The BUILDER should examine the deficiency and rectify. If any of the BUYER’s Supervisors supervisors discover any construction, material or workmanship which is not deemed to conform to the requirements of this Contract and/or the SpecificationsSPECIFICATIONS , the BUYER’s Supervisors supervisors shall promptly give the BUILDER a notice in writing that such alleged non-conformity exists. Upon receipt of such notice from the BUYER’s Supervisorsupervisor, the BUILDER shall correct such non-conformity, if the BUILDER agrees to his view. Any disagreement shall be resolved in accordance with Paragraph 1 of Article XII and shall to the extent possible not prevent the progress of the construction and the timely delivery of the DRILLSHIPXII.
Appears in 1 contract
Samples: Construction Contract (Danaos Corp)