Common use of Inspection by the Supervisor Clause in Contracts

Inspection by the Supervisor. The necessary inspections of the VESSEL, its machinery, equipment and 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 construction of the VESSEL is duly performed in accordance with 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. 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 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 authorized representative of the BUILDER. The BUILDER shall notify the Supervisor of the names of the persons who are from time to time authorized by the BUILDER for this purpose. It is agreed upon between the OWNER and the BUILDER 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 BUILDER's reasonable discretion in view of the construction schedule of the VESSEL. In the event that the Supervisor shall advise the BUILDER that he has discovered and believes the construction or materials do not or will not conform to the requirements of this Contract and the BUILDER shall not agree with the views of the Supervisor in such respect, either the OWNER or the BUILDER may either seek an opinion of the Classification Society or request an arbitration in accordance with 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 exist. If the 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 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 VESSEL 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: R&b Falcon Corp, R&b Falcon Corp

AutoNDA by SimpleDocs

Inspection by the Supervisor. The necessary inspections of the VESSEL, its machinery, equipment and outfitting 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 construction of the VESSEL is duly performed in accordance with this Contract and the Specifications. 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. The BUILDER shall give notice to the Supervisor, in advance of the date and place of such tests and inspections for the convenience of their attendance. Detailed procedures of the inspection and the tests thereof shall be in accordance with Specificationsthe SPECIFICATIONS . The 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 three(3) working days in advance as a minimum 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, within the limits of the authority conferred upon him by the OWNER, make decisions or give advice to shall notify the BUILDER on behalf of the OWNER promptly on all problems arising out of, or deficiencies 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 comply with should examine the deficiency and rectify. If any such demand of the BUYER’s supervisors discover any construction, material or workmanship which is not contradictory deemed 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 authorized representative of the BUILDER. The BUILDER shall notify the Supervisor of the names of the persons who are from time to time authorized by the BUILDER for this purpose. It is agreed upon between the OWNER and the BUILDER 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 BUILDER's reasonable discretion in view of the construction schedule of the VESSEL. In the event that the Supervisor shall advise the BUILDER that he has discovered and believes the construction or materials do not or will not conform to the requirements of this Contract and 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 not agree with the views of the Supervisor in correct such respectnon-conformity, either the OWNER or if the BUILDER may either seek an opinion of the Classification Society or request an arbitration agrees to his view. Any disagreement shall be resolved in accordance with the provisions Paragraph 1 of Article XII hereof. The Classification Society or the Arbitration Board shall determine whether or not a nonconformity with the provisions of this Contract exist. If the 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 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 VESSEL 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 completeXII.

Appears in 2 contracts

Samples: Construction and Sale (Danaos Corp), Construction and Sale (Danaos Corp)

Inspection by the Supervisor. The necessary inspections of the VESSEL, its machinery, equipment and outfitting 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 construction of the VESSEL is duly performed in accordance with this Contract and the Specifications. 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. The BUILDER shall give notice to the Supervisor, in advance of the date and place of such tests and inspections for the convenience of their attendance. Detailed procedures of the inspection and the tests thereof shall be in accordance with Specificationsthe SPECIFICATIONS . The 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. XXXXX’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 three(3) working days in advance as a minimum 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, within the limits of the authority conferred upon him by the OWNER, make decisions or give advice to shall notify the BUILDER on behalf of the OWNER promptly on all problems arising out of, or deficiencies 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 comply with should examine the deficiency and rectify. If any such demand of the BUYER’s supervisors discover any construction, material or workmanship which is not contradictory deemed 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 authorized representative of the BUILDER. The BUILDER shall notify the Supervisor of the names of the persons who are from time to time authorized by the BUILDER for this purpose. It is agreed upon between the OWNER and the BUILDER 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 BUILDER's reasonable discretion in view of the construction schedule of the VESSEL. In the event that the Supervisor shall advise the BUILDER that he has discovered and believes the construction or materials do not or will not conform to the requirements of this Contract and 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 not agree with the views of the Supervisor in correct such respectnon-conformity, either the OWNER or if the BUILDER may either seek an opinion of the Classification Society or request an arbitration agrees to his view. Any disagreement shall be resolved in accordance with the provisions Paragraph 1 of Article XII hereof. The Classification Society or the Arbitration Board shall determine whether or not a nonconformity with the provisions of this Contract exist. If the 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 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 VESSEL 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 completeXII.

Appears in 2 contracts

Samples: Construction and Sale (Danaos Corp), Construction and Sale (Danaos Corp)

Inspection by the Supervisor. The necessary inspections of the VESSEL, its machinery, equipment and outfitting 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 construction of the VESSEL is duly performed in accordance with 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. 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 reasonable advance notice to the Supervisor shall, within the limits of the authority conferred upon him date and place of such tests, trials and inspections, which may be attended by him, including, when relevant, a description of the test, procedure and level of performance to be reached in order to comply with the Specifications. Failure by the OWNERSupervisor to be present at such tests, make decisions or give advice trials and inspections after due notice 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 him as aforesaid shall be deemed to have been given by be a waiver of the OWNERSupervisor’s right to be present. THE OWNER's Supervisor shall notify In case the number of assistants as mentioned hereinabove would not be sufficient to meet the BUILDER’S schedule of tests, trials and inspection, the BUILDER promptly in writing shall either reschedule these tests, trials and inspection or may accept that the BUYER increase the number of his discovery assistants as necessary. Upon completion of any construction each test, trial or materialsinspection, which he believes do not or will not conform to the requirements BUILDER shall provide the Supervisor with a copy of the Contract BUILDER’S report relating to that test, trial 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 necessaryinspection. However, if If the Supervisor fails to submit to the BUILDER promptly discovers any such demand concerning alterations or changes with respect to the construction, arrangement material or outfit of the VESSEL which the Supervisor has examinedworkmanship, 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 comply with any such demand which is not contradictory deemed 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 authorized representative of the BUILDER. The BUILDER shall notify the Supervisor of the names of the persons who are from time to time authorized by the BUILDER for this purpose. It is agreed upon between the OWNER and the BUILDER 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 BUILDER's reasonable discretion in view of the construction schedule of the VESSEL. In the event that the Supervisor shall advise the BUILDER that he has discovered and believes the construction or materials do not or will not conform to the requirements of this Contract and and/or the Specifications, the Supervisor shall promptly give the BUILDER a notice in writing specifying the alleged non-conformity. Upon receipt of such notice from the Supervisor, the BUILDER shall not agree with the views of the Supervisor in correct such respectnon-conformity, either the OWNER or if the BUILDER may either seek an opinion of the Classification Society or request an arbitration agrees to his view. Any disagreement shall be resolved in accordance with the provisions Paragraph 1 of Article XII hereof. The Classification Society or the Arbitration Board shall determine whether or not a nonconformity with the provisions of this Contract existXII. If the Classification Society or the Arbitration Board arbitrator enters a determination in favor of the OWNERBUYER, then in such case the BUILDER shall make the necessary alterations or changescorrect such non-conformity, or if such alterations or changes cannot be made in time to meet the construction schedule for the VESSEL BUYER’s option the BUILDER shall make fair and reasonable adjustment of the Contract Price to be mutually agreed between the BUILDER and the BUYER in lieu of such alterations and changescorrections. If the Classification Society The attendance or the Arbitration Board enters a determination in favor lack of attendance of of the BUILDERSupervisor or his assistants at any test or inspection shall, then in no way, diminish or affect the time for delivery liability of the VESSEL 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 completeunder this Contract.

Appears in 2 contracts

Samples: Stolt Nielsen S A, Stolt Nielsen S A

Inspection by the Supervisor. The necessary inspections of the VESSELDRILLSHIP, its machinery, equipment and outfitting 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 construction design, construction, building, launching, equipping, testing and completion of the VESSEL DRILLSHIP is duly performed in accordance with the Contract and the Specifications. The Supervisor BUILDER shall have, during construction give a written notice to the Supervisors reasonably in advance of the VESSEL, date and place of tests and inspections for the right convenience of their attendance. Failure of the Supervisors to attend be present at such tests and inspections of the VESSELafter due notice to them as above provided, 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 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 given by present, the OWNERBUILDER shall promptly deliver to the BUYER or the Supervisors a copy of the results of all tests and inspections. THE OWNER's 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 notify the fully cooperate with BUILDER and promptly in writing of his discovery of any construction or materialsattend such inspection/tests including those for surface preparation and painting work, which he believes do not or will not conform are especially vulnerable to the requirements of the Contract or the Specifications weather condition 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 necessarytime interval. However, if BUILDER shall keep such inspection and tests to a minimum and only when the Supervisor fails to submit inspection and tests affect BUILDER’s construction schedule. The BUILDER’s prior notice of such inspection/test schedule shall be informed to the BUILDER promptly BUYER’s Supervisor one (1) day in advance as a minimum. If any such demand concerning alterations or changes with respect to of the BUYER’s Supervisors discover any construction, arrangement material 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 comply with any such demand workmanship which is not contradictory deemed 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 authorized representative of the BUILDER. The BUILDER shall notify the Supervisor of the names of the persons who are from time to time authorized by the BUILDER for this purpose. It is agreed upon between the OWNER and the BUILDER 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 BUILDER's reasonable discretion in view of the construction schedule of the VESSEL. In the event that the Supervisor shall advise the BUILDER that he has discovered and believes the construction or materials do not or will not conform to the requirements of this Contract and 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 not agree with the views of the Supervisor in correct such respectnon-conformity, either the OWNER or if the BUILDER may either seek an opinion of the Classification Society or request an arbitration agrees to his view. Any disagreement shall be resolved in accordance with the provisions Paragraph 1 of Article XII hereof. The Classification Society or and shall to the Arbitration Board shall determine whether or extent possible not a nonconformity with prevent the provisions of this Contract exist. If the Classification Society or the Arbitration Board enters a determination in favor progress of the OWNER, then in such case construction and 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 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 timely delivery of the VESSEL 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 completeDRILLSHIP.

Appears in 2 contracts

Samples: Construction and Sale (DryShips Inc.), Construction and Sale (DryShips Inc.)

Inspection by the Supervisor. The necessary inspections of the VESSEL, its machinery, equipment and outfitting 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 construction of the VESSEL is duly performed in accordance with this Contract and the Specifications. 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. The BUILDER shall give notice to the Supervisor, in advance of the date and place of such tests and inspections for the convenience of their attendance. Detailed procedures of the inspection and the tests thereof shall be in accordance with Specificationsthe SPECIFICATIONS . The 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. XXXXX’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 three(3) working days in advance as a minimum 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, within the limits of the authority conferred upon him by the OWNER, make decisions or give advice to shall notify the BUILDER on behalf of the OWNER promptly on all problems arising out of, or deficiencies 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 comply with should examine the deficiency and rectify. If any such demand of the BUYER’s supervisors discover any construction, material or 20 workmanship which is not contradictory deemed 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 authorized representative of the BUILDER. The BUILDER shall notify the Supervisor of the names of the persons who are from time to time authorized by the BUILDER for this purpose. It is agreed upon between the OWNER and the BUILDER 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 BUILDER's reasonable discretion in view of the construction schedule of the VESSEL. In the event that the Supervisor shall advise the BUILDER that he has discovered and believes the construction or materials do not or will not conform to the requirements of this Contract and 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 not agree with the views of the Supervisor in correct such respectnon-conformity, either the OWNER or if the BUILDER may either seek an opinion of the Classification Society or request an arbitration agrees to his view. Any disagreement shall be resolved in accordance with the provisions Paragraph 1 of Article XII hereof. The Classification Society or the Arbitration Board shall determine whether or not a nonconformity with the provisions of this Contract exist. If the 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 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 VESSEL 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 completeXII.

Appears in 1 contract

Samples: www.dieselduck.info

AutoNDA by SimpleDocs

Inspection by the Supervisor. The necessary inspections of the VESSEL, its machinery, equipment and outfitting 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 construction of the VESSEL is duly performed in accordance with 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 notice to the Supervisor, in advance of the date and place of such tests and inspections for the convenience of their attendance. Detailed procedures of the inspection and the tests thereof shall be in accordance with Specificationsthe SPECIFICATIONS . The 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 three(3) working days in advance as a minimum 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, within the limits of the authority conferred upon him by the OWNER, make decisions or give advice to shall notify the BUILDER on behalf of the OWNER promptly on all problems arising out of, or deficiencies 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 comply with should examine the deficiency and rectify. If any such demand of the BUYER’s supervisors discover any construction, material or workmanship which is not contradictory deemed 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 authorized representative of the BUILDER. The BUILDER shall notify the Supervisor of the names of the persons who are from time to time authorized by the BUILDER for this purpose. It is agreed upon between the OWNER and the BUILDER 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 BUILDER's reasonable discretion in view of the construction schedule of the VESSEL. In the event that the Supervisor shall advise the BUILDER that he has discovered and believes the construction or materials do not or will not conform to the requirements of this Contract and 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 not agree with the views of the Supervisor in correct such respectnon-conformity, either the OWNER or if the BUILDER may either seek an opinion of the Classification Society or request an arbitration agrees to his view. Any disagreement shall be resolved in accordance with the provisions Paragraph 1 of Article XII hereof. The Classification Society or the Arbitration Board shall determine whether or not a nonconformity with the provisions of this Contract exist. If the 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 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 VESSEL 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 completeXII.

Appears in 1 contract

Samples: Construction and Sale (Danaos Corp)

Inspection by the Supervisor. The necessary inspections of the VESSELDRILLSHIP, its machinery, equipment and outfitting 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 construction of the VESSEL DRILLSHIP is duly performed in accordance with the Specifications. The Supervisor shall have, during construction of the VESSELDRILLSHIP, the right to attend such tests and inspections of the VESSELDRILLSHIP, 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 OWNERBUYER, make decisions or give advice to the BUILDER on behalf of the OWNER BUYER promptly on all problems arising out of, or in connection with, the construction of the VESSEL 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 VESSELDRILLSHIP. The decision, approval or advice of the Supervisor within the limits of authority conferred on the Supervisor by the OWNER BUYER shall be deemed to have been given by the OWNERBUYER. THE OWNERThe 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 VESSELDRILLSHIP, 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 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 comply with any such demand which is not contradictory to this ContractContract or the Specifications, provided that any and all such demands by the Supervisor with regard to construction, arrangement and outfit of the VESSEL DRILLSHIP shall be submitted in writing to the authorized representative of the BUILDER. The BUILDER shall notify the Supervisor of the names of the persons who are from time to time authorized by the BUILDER for this purpose. It is agreed upon between the OWNER BUYER and the BUILDER 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 BUILDER's reasonable discretion in view of the construction schedule of the VESSELvessel. In the event that the Supervisor shall advise the BUILDER that he has discovered and believes the construction or materials do not or will not conform to the requirements of this Contract or the Specifications, and the BUILDER shall not agree with the views of the Supervisor in such respect, either the OWNER BUYER or the BUILDER may either seek an opinion of the Classification Society or request an arbitration in accordance with 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 the Specifications exist. If the Classification Society or the Arbitration Board enters a determination in favor favour of the OWNERBUYER, 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 DRILLSHIP the BUILDER shall make fair and reasonable adjustment of the Contract Price in lieu of such alterations and changes. If the Classification Society or the Arbitration Board enters a determination in favor favour of the BUILDER, then the time for delivery of the VESSEL DRILLSHIP shall be extended for a period of delay in construction, if any, occasioned by such proceedings, and the OWNER 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. OWNERBUYER'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: R&b Falcon Corp

Inspection by the Supervisor. The necessary inspections of the VESSEL, its machinery, equipment and outfitting 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 construction of the VESSEL is duly performed in accordance with 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 notice to the Supervisor, in advance of the date and place of such tests and inspections for the convenience of their attendance. Detailed procedures of the inspection and the tests thereof shall be in accordance with Specificationsthe SPECIFICATIONS . The 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. XXXXX’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 three(3) working days in advance as a minimum 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, within the limits of the authority conferred upon him by the OWNER, make decisions or give advice to shall notify the BUILDER on behalf of the OWNER promptly on all problems arising out of, or deficiencies 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 comply with should examine the deficiency and rectify. If any such demand of the BUYER’s supervisors discover any construction, material or workmanship which is not contradictory deemed 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 authorized representative of the BUILDER. The BUILDER shall notify the Supervisor of the names of the persons who are from time to time authorized by the BUILDER for this purpose. It is agreed upon between the OWNER and the BUILDER 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 BUILDER's reasonable discretion in view of the construction schedule of the VESSEL. In the event that the Supervisor shall advise the BUILDER that he has discovered and believes the construction or materials do not or will not conform to the requirements of this Contract and 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 not agree with the views of the Supervisor in correct such respectnon-conformity, either the OWNER or if the BUILDER may either seek an opinion of the Classification Society or request an arbitration agrees to his view. Any disagreement shall be resolved in accordance with the provisions Paragraph 1 of Article XII hereof. The Classification Society or the Arbitration Board shall determine whether or not a nonconformity with the provisions of this Contract exist. If the 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 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 VESSEL 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 completeXII.

Appears in 1 contract

Samples: Construction and Sale (Danaos Corp)

Time is Money Join Law Insider Premium to draft better contracts faster.