Method of Acceptance or Rejection. (a) Upon completion of the trial run, the SELLER shall give the BUYER a notice by telex or facsimile confirmed in writing of completion of the trial run and promptly provide the BUYER with all protocols and records of tests and trials, as and if the SELLER considers that the results of the trial run prove conformity of the VESSEL to this Contract and Specifications. The BUYER shall, within six (6) working days after receipt of the aforementioned records of tests and trials from the SELLER, notify the SELLER by telex or facsimile confirmed in writing of its acceptance or rejection of the VESSEL’s conformity to this Contract and the Specifications. (b) Should the records of tests and trials indicate that the VESSEL does not conform to the requirements of this Contract or the Specifications and if the SELLER agrees with the BUYER’s notice of non-conformity, then the SELLER shall promptly take the necessary steps to correct such non-conformity and notify the BUYER promptly in writing or by telex or facsimile confirmed in writing advising the BUYER of the estimated additional time required for the necessary alterations to correct such non-conformity. Upon completion of correction of such non-conformity, new trial run or runs as necessary will be made to prove conformity of the VESSEL to this Contract and Specifications if so found necessary by the SELLER, the Classification Society and the Representatives. The SELLER shall notify the BUYER of the time and place of any new trial run no less than five (5) working days beforehand, unless otherwise mutually agreed to. All provisions of the trial run shall apply to such new trial run. Notwithstanding the aforesaid, the BUYER may accept the VESSEL qualifying its acceptance by reservations regarding works or parts which have not been completed or properly installed prior to such acceptance. In the event that BUYER makes such qualified acceptance the parties will reach an agreement in writing, prior to the delivery of the VESSEL, as to how and when to remedy the items being the subject of the qualified acceptance, at the SELLER’s cost and expense, either before or after the delivery, as quickly as possible, without delaying the date of delivery and without causing the BUYER inconvenience in the operation of the VESSEL. (c) In the event that the SELLER fails to correct any non-conformity of which it has been given notice by the BUYER, which non-conformity has been confirmed by the Classification Society, the BUYER shall indicate what aspect of the VESSEL does not conform to this Contract and/or the Specifications and the SELLER shall promptly correct those non-conformities. (d) In the event that the BUYER fails to give notice to the SELLER by fax and/or telex confirmed in writing of the VESSEL within the period as provided in the above Sub-clause (a) or (b), the BUYER shall be deemed to have accepted the VESSEL. (e) Any dispute between the SELLER and the BUYER as to the conformity or non-conformity of the VESSEL to the requirements of this Contract and/or the Specifications shall be submitted for final decision in accordance with ARTICLE XII hereof.
Appears in 4 contracts
Samples: Ship Building Contract (Seaspan CORP), Ship Building Contract (Seaspan CORP), Ship Building Contract (Seaspan CORP)
Method of Acceptance or Rejection. (a) Upon completion of the trial run, the SELLER BUILDER shall give the BUYER a notice by telex or facsimile confirmed in writing of completion of the trial run and promptly provide together with written reports recording off all the BUYER with all protocols and records of tests and trials, as and if the SELLER BUILDER considers that the results of the trial run prove indicate conformity of the VESSEL to this Contract and the Specifications. The BUYER shall, within six five (65) working banking days after receipt of the aforementioned records of tests and trials such notice from the SELLER, BUILDER notify the SELLER BUILDER by telex or facsimile confirmed in writing telefax of its acceptance or of its rejection of the VESSEL’s conformity to this Contract and Trial Run results, together with the Specificationsreasons therefor.
(b) Should However, should the records result of tests and trials the Trial Run indicate that the VESSEL or any part thereof including its equipment does not conform to the requirements of this Contract or Contract, the Specifications and if the SELLER agrees BUILDER shall investigate together with the BUYER’s notice of non-conformity, then REPRESENTATIVE the SELLER shall promptly take the necessary steps to correct such non-conformity and notify the BUYER promptly in writing or by telex or facsimile confirmed in writing advising the BUYER of the estimated additional time required for the necessary alterations to correct such non-conformity. Upon completion of correction cause of such non-conformityconformance and determine the proper steps to be taken to remedy the same and make whatever corrections and alterations and/or re-Trial Run or Trial Runs as may be necessary without extra cost to the BUYER, new trial run or runs as necessary will be made to prove conformity and upon notification by the BUILDER of the VESSEL to this Contract and Specifications if so found necessary by the SELLER, the Classification Society and the Representatives. The SELLER shall notify completion of such alterations or corrections and/or re-Trial or re-Trials the BUYER of the time and place of any new trial run no less than shall, within five (5) working days beforehandbusiness days, unless otherwise mutually agreed to. All provisions notify the BUILDER by telefax (confirmed in writing) of its acceptance of the trial run shall apply to such new trial run. Notwithstanding the aforesaid, the BUYER may accept the VESSEL qualifying its acceptance by reservations regarding works or parts which have not been completed or properly installed prior to such acceptance. In the event that BUYER makes such qualified acceptance the parties will reach an agreement in writing, prior to the delivery of the VESSEL, as to how and when to remedy the items being the subject rejection of the qualified acceptanceTrial Run results, at together with the SELLER’s cost reason therefore, taking into account the alterations and expense, either before corrections and/or retrial or after retrials by the delivery, as quickly as possible, without delaying the date of delivery and without causing the BUYER inconvenience in the operation of the VESSELBUILDER.
(c) In the event that the SELLER fails to correct any non-conformity of which it has been given notice by the BUYER, which non-conformity has been confirmed by the Classification Society, the BUYER shall indicate what aspect of the VESSEL does not conform to this Contract and/or the Specifications and the SELLER shall promptly correct those non-conformities.
(d) In the event that the BUYER fails to give notice to notify the SELLER BUILDER by fax and/or telex confirmed in writing facsimile of the VESSEL acceptance, or the rejection of the trial run together with the reason therefor within the period as provided in the above Sub-clause paragraph (a) or (b), the BUYER shall be deemed to have accepted the VESSEL.
(ed) Any dispute arising between the SELLER parties hereto as to whether the VESSEL and the BUYER its equipment and machinery comply with this Contract and/or Specifications, or as to the conformity result of any trial run of the VESSEL, or non-conformity relating to the BUYER’s rejection to take delivery of the VESSEL, shall be resolved in accordance with Article XIII.
(e) Nothing herein shall preclude the BUYER from accepting the VESSEL with its qualifications and/or remarks following the Trial Run and/or further tests or trials as aforesaid and the BUILDER shall be obliged to comply with and/or remove such qualifications and/or remarks (if such qualifications and/or remarks are reasonably acceptable to the BUILDER) at the time before effecting delivery of the VESSEL to the requirements of BUYER under this Contract and/or the Specifications shall be submitted for final decision in accordance with ARTICLE XII hereofContract.
Appears in 2 contracts
Samples: Shipbuilding Contract (Safe Bulkers, Inc.), Shipbuilding Contract (Safe Bulkers, Inc.)
Method of Acceptance or Rejection. (a) Upon completion of the trial run, the SELLER BUILDER shall give the BUYER a notice by telex or facsimile fxxxxxxxx/email confirmed in writing of completion of the trial run and promptly provide together with the BUYER with all protocols and records prompt result of tests and trialstrial run, as and if the SELLER BUILDER considers that the results of the trial run prove indicate conformity of the VESSEL to this Contract and the Specifications. The BUYER shall, within six three (63) working days after receipt of the aforementioned records of tests and trials such notice from the SELLERBUILDER, notify the SELLER BUILDER by telex or facsimile confirmed in writing facsimile/email of its acceptance or rejection of the VESSEL’s conformity to this Contract and the Specifications.
(b) Should However, should the records results of tests and trials the trial run indicate that the VESSEL VESSEL, or any part or equipment thereof, does not conform to the requirements of this Contract or and/or the Specifications Specifications, and if there is no disagreement or argument among the SELLER agrees with BUILDER and the BUYER as to the non-conformity specified in the BUYER’s 's notice of non-conformityrejection, then then, the SELLER BUILDER shall promptly take the necessary steps to correct such non-conformity and notify the BUYER promptly in writing or by telex or facsimile confirmed in writing advising the BUYER of the estimated additional time required for the necessary alterations to correct such non-conformity. Upon completion of correction of such non-conformity, new trial run the BUILDER shall give the BUYER a notice thereof by facsimile/e-mail confirmed in writing. The BUYER shall, within three (3) days after its receipt of such notice from the BUILDER, notify the BUILDER, of its acceptance or runs as necessary rejection of the VESSEL. Notwithstanding the above, if the non-conformities are of minor importance or relate to insubstantial items, which will be made to prove conformity mutually agreed between the BUYER and the BUIDLER, not affecting Class, the seaworthiness or the operation of the VESSEL but the BUILDER is unable to this Contract and Specifications if so found necessary by rectify the SELLERmatter within a reasonable time, the Classification Society and BUILDER shall nevertheless have the Representatives. The SELLER shall notify right to require the BUYER to take delivery of the time Vessel, on condition that the BUILDER shall undertake to remedy the non-conformities or insubstantial items for its own cost and place of any new trial run no less than five (5) working days beforehandexpenses as soon as possible during the Warranty Period, unless otherwise mutually agreed to. All provisions of the trial run shall apply to such new trial run. Notwithstanding the aforesaidagreed, whereupon the BUYER may shall accept the VESSEL qualifying its acceptance by reservations regarding works or parts which have not been completed or properly installed prior to such acceptance. In the event that BUYER makes such qualified acceptance the parties will reach an agreement in writing, prior to the delivery of the VESSEL, as to how and when to remedy the items being the subject of the qualified acceptance, at the SELLER’s cost and expense, either before or after the delivery, as quickly as possible, without delaying the date of delivery and without causing the BUYER inconvenience in the operation of the VESSELVessel.
(c) In the any event that the SELLER fails to correct any non-conformity of which it has been given notice by BUYER rejects the BUYER, which non-conformity has been confirmed by the Classification SocietyVESSEL, the BUYER shall indicate in its notice of rejection in what aspect of respect the VESSEL VESSEL, or any part or equipment thereof does not conform to this Contract and/or the Specifications and the SELLER shall promptly correct those non-conformitiesSpecifications.
(d) In the event that the BUYER fails to give notice to notify the SELLER BUILDER by fax and/or telex fxxxxxxxx/email confirmed in writing of the acceptance, or the rejection together with the reason therefor of the VESSEL within the period as provided in the above Sub-clause paragraph (a) or (b), the BUYER shall be deemed to have accepted the VESSEL.
(e) Any dispute arising between the SELLER and the BUYER parties hereto as to the conformity or non-conformity result of any trial run of the VESSEL VESSEL, or relating to the requirements BUYER’s rejection to take delivery of this Contract and/or the Specifications VESSEL, shall be submitted for final decision resolved in accordance with ARTICLE XII hereofArticle XIII. The decision of the arbitration shall be final and binding upon the both parties.
Appears in 2 contracts
Samples: Shipbuilding Contract (Globus Maritime LTD), Shipbuilding Contract (Globus Maritime LTD)
Method of Acceptance or Rejection. (a) Upon completion of the trial run, the SELLER BUILDER shall give the BUYER a notice by telex or facsimile confirmed in writing of completion of the trial run and promptly provide the BUYER with all protocols and records of tests and trialsrun, as and if the SELLER BUILDER considers that the results of the trial run prove indicate conformity of the VESSEL to this Contract and the Specifications. The BUYER shall, within six three (63) working banking days after receipt of the aforementioned records of tests and trials such notice from the SELLERBUILDER, notify the SELLER BUILDER by telex or facsimile confirmed in writing of its acceptance or rejection of the VESSEL’s conformity to this Contract and the Specifications.
(b) Should However, should the records results of tests and trials the trial run indicate that the VESSEL VESSEL, or any part or equipment thereof, does not conform to the requirements of this Contract or and/or the Specifications Specifications, and if there is no disagreement or argument among the SELLER agrees with BUILDER and the BUYER as to the non-conformity specified in the BUYER’s notice of non-conformityrejection, then then, the SELLER BUILDER shall promptly take the necessary steps to correct such non-conformity and notify the BUYER promptly in writing or by telex or facsimile confirmed in writing advising the BUYER of the estimated additional time required for the necessary alterations to correct such non-conformity. Upon completion of correction of such non-conformity, new trial run the BUILDER shall give the BUYER a notice thereof by facsimile confirmed in writing. The BUYER shall, within three (3) banking days after its receipt of such notice from the BUILDER, notify the BUILDER, of its acceptance or runs as necessary will be made to prove conformity rejection of the VESSEL to this Contract and Specifications if so found necessary by the SELLER, the Classification Society and the Representatives. The SELLER shall notify the BUYER of the time and place of any new trial run no less than five (5) working days beforehand, unless otherwise mutually agreed to. All provisions of the trial run shall apply to such new trial runVESSEL. Notwithstanding the aforesaidabove, if the BUYER may accept non-conformities are of minor importance and do not affect Class or, in the VESSEL qualifying its acceptance by reservations regarding works or parts which have not been completed or properly installed prior to such acceptance. In the event that BUYER makes such qualified acceptance the parties will reach an agreement in writing, prior to the delivery reasonable judgment of the VESSELBUYER, as to how and when to remedy the items being the subject of the qualified acceptance, at the SELLER’s cost and expense, either before or after the delivery, as quickly as possible, without delaying the date of delivery and without causing the BUYER inconvenience in the operation of the VESSELVESSEL in its intended trade but the BUILDER is unable to rectify the matter within a reasonable time, the BUILDER shall nevertheless have the right to require the BUYER to take delivery of the Vessel, on condition that the BUILDER shall undertake to remedy the non-conformities for its own cost and expenses as soon as possible, whereupon the BUYER shall accept delivery of the Vessel.
(c) In the any event that the SELLER fails to correct any non-conformity of which it has been given notice by BUYER rejects the BUYER, which non-conformity has been confirmed by the Classification SocietyVESSEL, the BUYER shall indicate in its notice of rejection in what aspect of respect the VESSEL VESSEL, or any part or equipment thereof does not conform to this Contract and/or the Specifications and the SELLER shall promptly correct those non-conformitiesSpecifications.
(d) In the event that the BUYER fails to give notice to notify the SELLER BUILDER by fax and/or telex facsimile confirmed in writing of the acceptance, or the rejection together with the reason therefor of the VESSEL within the period as provided in the above Sub-clause paragraph (a) or (b), the BUYER shall be deemed to have accepted the VESSEL.
(e) Any dispute arising between the SELLER and the BUYER parties hereto as to the conformity or non-conformity result of any trial run of the VESSEL VESSEL, or relating to the requirements BUYER’s rejection to take delivery of this Contract and/or the Specifications VESSEL, shall be submitted for final decision resolved in accordance with ARTICLE XII hereofArticle XIII. The decision of the arbitration shall be final and binding upon the both parties.
Appears in 2 contracts
Samples: Shipbuilding Contract (Scorpio Bulkers Inc.), Shipbuilding Contract (Scorpio Bulkers Inc.)
Method of Acceptance or Rejection. (a) Upon completion of the trial runsea trial, the SELLER Builder shall give the BUYER Buyer’s Representative a notice by telex or facsimile confirmed in writing of completion of the sea trial run and promptly provide the BUYER with all protocols and records of tests and trials, as and if the SELLER considers that report containing the results of all tests performed during such trial as per the trial run prove conformity of Specification (“the VESSEL to this Contract and SpecificationsSea Trial Reports”). The BUYER Thereafter the Buyer shall, within six three (63) working days after receipt of the aforementioned records of tests and trials such report from the SELLERBuilder, notify the SELLER Seller and the Builder by telex or facsimile cable confirmed in writing of its acceptance or rejection of the VESSEL’s conformity to this Contract and the SpecificationsVessel.
(b) Should If the records of tests and trials indicate that Buyer rejects the VESSEL does not conform to the requirements of this Contract or the Specifications and if the SELLER agrees with the BUYER’s notice of non-conformity, then the SELLER shall promptly take the necessary steps to correct such non-conformity and notify the BUYER promptly in writing or by telex or facsimile confirmed in writing advising the BUYER of the estimated additional time required for the necessary alterations to correct such non-conformity. Upon completion of correction of such non-conformity, new trial run or runs as necessary will be made to prove conformity of the VESSEL to this Contract and Specifications if so found necessary by the SELLERVessel, the Classification Society and the Representatives. The SELLER shall notify the BUYER of the time and place of any new trial run no less than five (5) working days beforehand, unless otherwise mutually agreed to. All provisions of the trial run shall apply to such new trial run. Notwithstanding the aforesaid, the BUYER may accept the VESSEL qualifying its acceptance by reservations regarding works or parts which have not been completed or properly installed prior to such acceptance. In the event that BUYER makes such qualified acceptance the parties will reach an agreement in writing, prior to the delivery of the VESSEL, as to how and when to remedy the items being the subject of the qualified acceptance, at the SELLER’s cost and expense, either before or after the delivery, as quickly as possible, without delaying the date of delivery and without causing the BUYER inconvenience in the operation of the VESSEL.
(c) In the event that the SELLER fails to correct any non-conformity of which it has been given notice by the BUYER, which non-conformity has been confirmed by the Classification Society, the BUYER Buyer shall indicate in its notice in what aspect of respect the VESSEL Vessel or any part thereof does not conform to this Contract and/or the Specifications Specifications. If the Seller and the SELLER shall promptly correct those Builder are in agreement with the Buyer’s contention as to such non-conformitiesconformity, the Builder shall make such alterations or corrections as may be necessary to rectify such non-conformity and shall arrange a further sea trial or test whichever is appropriate to demonstrate that the Vessel conforms to the Specifications to be attended by the Buyer’s Representative and/or his assistants and/or Class Representative. Following the Sea Trial or test the Builder shall deliver to the Buyer an amended Sea Trial Report or a report of the test results whichever is applicable. The Buyer shall, within three (3) Business Days after receipt of such amended Sea Trial Report notify the Seller of its acceptance or rejection of the Vessel. If the Buyer rejects the Vessel, the Buyer shall indicate in its notice in what respect the Vessel or any part thereof does not conform to this Contract and/or the Specifications. The Buyer shall accept the Vessel after repair of the Vessel and successful testing or sea trial as above.
(dc) In If the event that the BUYER Buyer fails to give notice to notify the SELLER by fax and/or telex confirmed Seller or the Builder in writing of its acceptance or rejection of the VESSEL Vessel together with the reasons therefore within the period as provided in the above Sub-clause paragraph (a) or (b), the BUYER Buyer shall be deemed to have accepted the VESSELVessel.
(ed) Any dispute arising between the SELLER and parties hereto as the BUYER as to the Vessel’s conformity or non-conformity of the VESSEL to the requirements of this Contract and/or the Specifications shall be submitted for final decision resolved in accordance with ARTICLE XII the provisions of Article XIII hereof.
Appears in 2 contracts
Samples: Ship Sales Contract (Safe Bulkers, Inc.), Ship Sales Contract (Safe Bulkers, Inc.)
Method of Acceptance or Rejection. (a) Upon completion of the sea trial run, the SELLER shall give the BUYER a notice by telex or facsimile confirmed in writing of completion of and when the trial run and results are available, Builder shall promptly provide the BUYER with all protocols and records of tests and trials, as and if the SELLER considers that the results of the trial run prove conformity tests to Buyer in writing. If the Builder considers the results thereof demonstrates that the Vessel conforms with the Contract, the Builder shall promptly give the Buyer a written notice of completion stating when the VESSEL Vessel is ready for delivery. This notice shall state where and when the vessel shall be available for delivery, which shall be at least fifteen (15) days after the notice is given (unless Buyer consents in writing to this Contract and Specificationsa shorter period). The BUYER shall, Buyer shall within six two (62) working days after receipt of this notice (and the aforementioned records of tests and trials from the SELLER, test results) notify the SELLER by telex or facsimile confirmed Builder in writing of its acceptance or rejection of the VESSEL’s conformity to this Contract and the SpecificationsVessel.
(b) Should If the records results of tests and trials indicate the sea trial demonstrate that the VESSEL Vessel or any part or equipment thereof does not conform to the requirements of this the Contract or the Specifications and if the SELLER agrees with the BUYER’s notice of non-conformity, then the SELLER Builder shall promptly take the all necessary steps to correct such non-conformity and notify the BUYER promptly in writing or by telex or facsimile confirmed in writing advising the BUYER of the estimated additional time required for the necessary alterations to correct rectify such non-conformity. If necessary the Builder shall for its own account carry out further sea trial in accordance with this Article VII to ascertain that the Vessel complies with the terms of the Contract. Upon completion of correction demonstration by the Builder that the deficiencies have been corrected, Builder shall give a notice thereof, with the results of such nonre-conformity, new trial run or runs as necessary will be made to prove conformity test in writing and of the VESSEL readiness of the Vessel for delivery, to this Contract and Specifications if so found necessary by the SELLERBuyer, who shall then within two (2) days after receipt of such notice together with the Classification Society and the Representatives. The SELLER shall new test results notify the BUYER Builder of its acceptance or rejection of the time and place of any new trial run no less than five (5) working days beforehand, unless otherwise mutually agreed to. All provisions of the trial run shall apply to such new trial run. Notwithstanding the aforesaid, the BUYER may accept the VESSEL qualifying its acceptance by reservations regarding works or parts which have not been completed or properly installed prior to such acceptance. In the event that BUYER makes such qualified acceptance the parties will reach an agreement in writing, prior to the delivery of the VESSEL, as to how and when to remedy the items being the subject of the qualified acceptance, at the SELLER’s cost and expense, either before or after the delivery, as quickly as possible, without delaying the date of delivery and without causing the BUYER inconvenience in the operation of the VESSELVessel.
(c) In If the event that Buyer for any reason rejects the SELLER fails Vessel, the Buyer shall state in which respects the Vessel does not confirm to correct any the requirements of the Contract with sufficient specificity to allow the Builder to consider whether there is a non-conformity of which it has been given notice by the BUYER, which non-conformity has been confirmed by the Classification Society, the BUYER shall indicate what aspect of the VESSEL does not conform to this Contract and/or the Specifications and the SELLER shall promptly correct those non-conformitiesor not.
(d) In If the event non-conformity with the requirements of the Contract is of such a nature as to not materially interfere with the Vessel’s ability to operate in the luxury polar expedition cruise service, and the Builder is unable to rectify the matter within a reasonable time, the Builder may nevertheless require the Buyer to take delivery of the Vessel, provided that the BUYER fails Builder first:
(i) undertakes writing to give notice remedy the deficiency or fulfil the requirement for its own cost and expense and as soon as possible,
(ii) agrees in writing to indemnify the Buyer for any direct and documented loss incurred as a consequence thereof, including loss of time, and
(iii) provides a work guarantee or other security reasonably acceptable to Buyer in an amount sufficient to cover the expected cost (if accomplished by a third party in its own facility) of such deficiency. Whereupon the Buyer shall accept delivery of the Vessel.
(e) The Builder’s liability in respect of (d) (ii) above shall be [*].
(f) If the Builder disputes the rejection by the Buyer, the case shall be submitted for final decision by arbitration in accordance with Article XIX hereof.
(g) Failure in responding to the SELLER notice given by fax and/or telex confirmed in writing of the VESSEL within the period as provided in the above Sub-clause Builder under (a) or (b), the BUYER ) above shall be deemed to have accepted the VESSEL.
(e) Any dispute between the SELLER and the BUYER as to the conformity or non-conformity unconditional acceptance of the VESSEL to Vessel by the requirements of this Contract and/or the Specifications shall be submitted for final decision in accordance with ARTICLE XII hereofBuyer.
Appears in 2 contracts
Samples: Shipbuilding Contract (Lindblad Expeditions Holdings, Inc.), Shipbuilding Contract (Lindblad Expeditions Holdings, Inc.)
Method of Acceptance or Rejection. (a) Upon completion of the trial run, the SELLER BUILDER shall give the BUYER a notice by telex or facsimile confirmed in writing telefax of completion of the trial run and promptly provide the BUYER with all protocols and records of tests and trialsrun, as and if the SELLER BUILDER considers that the results of the trial run prove indicate conformity of the VESSEL to this Contract and the Specifications. The BUYER shall, within six (6Five(5) working days after receipt of the aforementioned records of tests and trials such notice from the SELLERBUILDER, notify the SELLER BUILDER by telex or facsimile confirmed in writing telefax of its acceptance or rejection of the VESSEL’s conformity to this Contract and the Specifications.
(b) Should However, should the records result of tests and trials indicate the trial run show that the VESSEL VESSEL, or any part or equipment thereof, does not conform to the requirements of this Contract and/or the Specifications, or the Specifications and if the SELLER agrees with BUILDER is in agreement to non conformity as specified in the BUYER’s notice of non-conformityrejection, then then, the SELLER BUILDER shall promptly take the necessary steps to correct such non-conformity and notify the BUYER promptly in writing or by telex or facsimile confirmed in writing advising the BUYER of the estimated additional time required for the necessary alterations to correct such non-conformity. Upon completion of correction of such non-conformity, new and re-test or trial run if necessary, the BUILDER shall give the BUYER a notice thereof by telefax. The BUYER shall, within Three(3) days after receipt of such notice from the BUILDER, notify the BUILDER of its acceptance or runs as necessary will be made to prove conformity rejection of the VESSEL to this Contract and Specifications if so found necessary by the SELLER, the Classification Society and the RepresentativesVESSEL. The SELLER shall notify the BUYER of the time and place of any new trial run no less than five (5) working days beforehand, unless otherwise mutually agreed to. All provisions of the trial run shall apply to such new trial run. Notwithstanding the aforesaidHowever, the BUYER may accept shall not be entitled to reject the VESSEL qualifying its acceptance by reservations regarding works reason of any minor or parts which have not been completed insubstantial defect or properly installed prior to such acceptance. In non-conformity judged from the event that BUYER makes such qualified acceptance the parties will reach an agreement in writing, prior to the delivery viewpoint of the VESSELnormal shipbuilding practice but in such case, the BUILDER shall correct and/or remedy such minor or insubstantial defect or non-conformity as to how and when to remedy soon as possible during the items being the subject of the qualified acceptance, at the SELLER’s cost and expense, either before or after the delivery, as quickly as possible, without delaying the date of delivery and without causing the BUYER inconvenience in the operation of the VESSELWarranty Period.
(c) In the any event that the SELLER fails to correct any non-conformity of which it has been given notice by BUYER rejects the BUYER, which non-conformity has been confirmed by the Classification SocietyVESSEL, the BUYER shall indicate in detail in its notice of rejection in what aspect of respect the VESSEL VESSEL, or any part or equipment thereof does not conform to this Contract and/or the Specifications and the SELLER shall promptly correct those non-conformitiesSpecifications.
(d) In the event that the BUYER fails to give notice to notify the SELLER BUILDER by fax and/or telex confirmed in writing telefax of the acceptance of or the rejection together with the reason therefor of the VESSEL within the period as provided in the above Sub-clause Paragraph (a) or (b), the BUYER shall be deemed to have accepted the VESSEL.
(e) Any dispute between the SELLER BUILDER and the BUYER as to the conformity or non-conformity of the VESSEL to the requirements of this Contract and/or the Specifications shall be submitted for final decision in accordance with ARTICLE Article XII hereof.
Appears in 2 contracts
Samples: Shipbuilding and Construction Agreement (Stolt Nielsen S A), Shipbuilding and Construction Agreement (Stolt Nielsen S A)
Method of Acceptance or Rejection. (a) Upon completion of the trial run, the SELLER Seller shall give the BUYER Buyer a notice by telex email or facsimile confirmed in writing writing, of completion of the trial run and promptly provide the BUYER with all protocols and records of tests and trialsrun, as and if the SELLER considers it is considered that the results of the trial run prove indicate conformity of the VESSEL to this Contract and the Specifications. The BUYER , the Buyer shall, within six three (63) working days Business Days after receipt of the aforementioned records of tests and trials such notice from the SELLERSeller, notify the SELLER Seller by telex email or facsimile confirmed in writing of its acceptance or rejection of the VESSEL’s conformity to this Contract and the Specifications.
(b) Should However, should the records results of tests and trials the trial run indicate that the VESSEL VESSEL, or any part or machinery, equipment and outfitting thereof, does not conform to the requirements of this Contract or and/or the Specifications and if the SELLER agrees with the BUYER’s notice of non-conformityin substantial aspect, then the SELLER Seller shall promptly cause the Builder to take the necessary steps to correct such non-conformity and notify the BUYER promptly in writing or by telex or facsimile confirmed in writing advising the BUYER of the estimated additional time required for the necessary alterations to correct such non-conformity. Upon completion of correction of such non-conformity, new trial the Seller shall give the Buyer a notice thereof in writing by email or facsimile. The Buyer shall, within three (3) Business Days after receipt of such notice from the Seller, notify the Seller by email or facsimile confirmed in writing of its acceptance or rejection of the VESSEL. For the avoidance of doubt, it is agreed that unless it is proved to be necessary the Seller may dispense with retrial run or runs as necessary will be made to prove conformity of the VESSEL to this Contract and Specifications if so found necessary by the SELLEReffect correction of non-conformity, provided the Classification Society and have no requirement for such retrial run. It is specifically agreed that non-conformity as entitling the Representatives. The SELLER Buyer to reject the VESSEL shall notify not embrace such minor or insubstantial degree of non-conformity that is as so judged from the BUYER view point of the time Builder’s latest standard shipbuilding and place of any new trial run no less than five (5) working days beforehand, unless otherwise mutually inspection practices; it being agreed to. All provisions of that the trial run Seller shall apply procure the Builder to such new trial run. Notwithstanding the aforesaid, the BUYER may accept the VESSEL qualifying its acceptance by reservations regarding works rectify non-conformity in minor or parts which have not been completed or properly installed prior to such acceptance. In the event that BUYER makes such qualified acceptance the parties will reach an agreement in writing, prior to insubstantial nature as soon as practicable after the delivery of the VESSEL, as to how and when to remedy the items being the subject of the qualified acceptance, at the SELLER’s cost and expense, either before or after the delivery, as quickly as possible, without delaying the date of delivery and without causing the BUYER inconvenience in the operation of the VESSEL.
(c) In the event that the SELLER fails to correct any non-conformity of which it has been given notice by Buyer rejects the BUYER, which non-conformity has been confirmed by the Classification SocietyVESSEL, the BUYER Buyer shall indicate in its notice of rejection in what aspect of respect the VESSEL or any part or machinery, equipment and outfitting thereof does not conform to this Contract and/or the Specifications and the SELLER shall promptly correct those non-conformitiesSpecifications.
(d) In the event that the BUYER Buyer fails to give notice to notify the SELLER Seller in writing, by fax and/or telex confirmed in writing email or facsimile of its acceptance of or rejection of the VESSEL together with the reason therefor within the period as provided in the above Sub-clause paragraph (a) or (b), the BUYER Buyer shall be deemed to have accepted the VESSEL.
(e) Any dispute arising between the SELLER and the BUYER parties hereto as to the conformity or non-conformity result of any trial run of the VESSEL to the requirements of this Contract and/or the Specifications shall be submitted for final decision by the arbitration in accordance with ARTICLE XII the Article XIII hereof.
Appears in 2 contracts
Samples: Sale and Purchase Agreement, Sale and Purchase Agreement
Method of Acceptance or Rejection. (ai) Upon If during sea trial any breakdowns occur entailing interruption or irregular performance which can be repaired on board, the trial shall be continued after repairs and be valid in all respects.
(j) As soon as practicable after satisfactory completion of the trial runsea trial, the SELLER BUILDER shall give the BUYER a report thereon and notice by telex or facsimile confirmed in writing of completion of the trial run and promptly provide the BUYER with all protocols and records of tests and trials, as and if the SELLER considers that the results of the sea trial run prove indicate conformity of the VESSEL DRILLSHIP to this Contract CONTRACT and Specificationsthe SPECIFICATIONS. The BUYER shall, within six seven (67) working days after receipt of the aforementioned records of tests and trials such notice from the SELLERBUILDER, notify the SELLER by telex or facsimile confirmed in writing BUILDER of its acceptance or rejection of the VESSEL’s DRILLSHIP on the basis of its conformity to with the requirements of this Contract CONTRACT and the SpecificationsSPECIFICATIONS.
(bk) Should If the records results of tests and trials the sea trial indicate that the VESSEL DRILLSHIP or any part or equipment thereof does not conform to the requirements of this Contract or CONTRACT and/or the Specifications and if the SELLER agrees with the BUYER’s notice of non-conformitySPECIFICATIONS, then the SELLER BUILDER shall promptly take the necessary steps to correct such non-conformity and notify the BUYER promptly in writing or by telex or facsimile confirmed in writing advising the BUYER of the estimated additional time required for the necessary alterations to correct such non-conformity. Upon completion of the correction of such non-conformity, new trial run BUILDER shall give BUYER notice thereof. BUYER shall, within seven (7) days after receipt of such notice from BUILDER, notify BUILDER of its acceptance or runs as necessary will be made to prove conformity rejection of the VESSEL DRILLSHIP. However, BUYER shall not be entitled to this Contract reject the DRILLSHIP by reason of any minor or insubstantial defect or non-conformity, which can be judged from the viewpoint of standard building practice as applied to international offshore drillships and Specifications if so found necessary by which does not effect the SELLERissuance of required certificates from the CLASSIFICATION SOCIETY and other regulatory bodies or the operability, function or performance of the DRILLSHIP, but in such case, the Classification Society and BUILDER shall not be released from its obligation to correct and/or remedy such minor or insubstantial non-conformity as far as practicable during the Representatives. The SELLER shall notify the BUYER of the time and place of any new trial run no less than five (5) working days beforehand, unless otherwise mutually agreed to. All provisions of the trial run shall apply to such new trial run. Notwithstanding the aforesaid, the BUYER may accept the VESSEL qualifying its acceptance by reservations regarding works or parts which have not been completed or properly installed prior to such acceptance. In the event that BUYER makes such qualified acceptance the parties will reach an agreement in writing, prior to the delivery of the VESSEL, as to how and when to remedy the items being the subject of the qualified acceptance, at the SELLER’s cost and expense, either before or after the delivery, as quickly as possible, without delaying the date of delivery and without causing the BUYER inconvenience in the operation of the VESSELWARRANTY PERIOD.
(cl) In the event If BUYER considers that the SELLER fails to correct any non-conformity of which it has been given notice by the BUYER, which non-conformity has been confirmed by the Classification Society, the BUYER shall indicate what aspect results of the VESSEL sea trial indicate that the DRILLSHIP or any part or equipment thereof does not conform to this Contract CONTRACT and/or the Specifications and SPECIFICATIONS, BUYER shall indicate in detail in a notice of rejection in what respect the SELLER shall promptly correct those non-conformitiesDRILLSHIP or any part or equipment thereof, does not in its opinion conform to this CONTRACT and/or the SPECIFICATIONS.
(dm) In the event that the If BUYER fails to give notice to the SELLER by fax and/or telex notify BUILDER in writing or email confirmed in writing of the VESSEL acceptance or rejection of the DRILLSHIP together with the reason therefore within the period as provided in the above Sub-clause Article VI.4 (ab) or (bc), the BUYER shall be deemed to have accepted the VESSELDRILLSHIP.
(en) Any BUILDER may dispute between the SELLER and the BUYER as to the conformity or non-conformity rejection of the VESSEL to DRILLSHIP by BUYER under this Article VI.4, in which case the requirements of this Contract and/or the Specifications matter shall be submitted for final decision by arbitration in accordance with ARTICLE XII hereofArticle XIII.
Appears in 2 contracts
Samples: Construction Contract (Atwood Oceanics Inc), Construction Contract (Atwood Oceanics Inc)
Method of Acceptance or Rejection. (a) Upon If during sea trial any breakdowns occur entailing interruption or irregular performance which can be repaired on board, the trial shall be continued after repairs and be valid in all respects.
(b) As soon as practicable after satisfactory completion of the trial runsea trial, the SELLER BUILDER shall give the BUYER a report thereon and notice by telex or facsimile confirmed in writing of completion of the trial run and promptly provide the BUYER with all protocols and records of tests and trials, as and if the SELLER considers that the results of the sea trial run prove indicate conformity of the VESSEL DRILLSHIP to this Contract CONTRACT and Specificationsthe SPECIFICATIONS. The BUYER shall, within six seven (67) working days after receipt of the aforementioned records of tests and trials such notice from the SELLERBUILDER, notify the SELLER by telex or facsimile confirmed in writing BUILDER of its acceptance or rejection of the VESSEL’s DRILLSHIP on the basis of its conformity to with the requirements of this Contract CONTRACT and the SpecificationsSPECIFICATIONS.
(bc) Should If the records results of tests and trials the sea trial indicate that the VESSEL DRILLSHIP or any part or equipment thereof does not conform to the requirements of this Contract or CONTRACT and/or the Specifications and if the SELLER agrees with the BUYER’s notice of non-conformitySPECIFICATIONS, then the SELLER BUILDER shall promptly take the necessary steps to correct such non-conformity and notify the BUYER promptly in writing or by telex or facsimile confirmed in writing advising the BUYER of the estimated additional time required for the necessary alterations to correct such non-conformity. Upon completion of the correction of such non-conformity, new trial run BUILDER shall give BUYER notice thereof. BUYER shall, within seven (7) days after receipt of such notice from BUILDER, notify BUILDER of its acceptance or runs as necessary will be made to prove conformity rejection of the VESSEL DRILLSHIP. However, BUYER shall not be entitled to this Contract reject the DRILLSHIP by reason of any minor or insubstantial defect or non-conformity, which can be judged from the viewpoint of standard building practice as applied to international offshore drillships and Specifications if so found necessary by which does not effect the SELLERissuance of required certificates from the CLASSIFICATION SOCIETY and other regulatory bodies or the operability, function or performance of the DRILLSHIP, but in such case, the Classification Society and BUILDER shall not be released from its obligation to correct and/or remedy such minor or insubstantial non-conformity as far as practicable during the Representatives. The SELLER shall notify the BUYER of the time and place of any new trial run no less than five (5) working days beforehand, unless otherwise mutually agreed to. All provisions of the trial run shall apply to such new trial run. Notwithstanding the aforesaid, the BUYER may accept the VESSEL qualifying its acceptance by reservations regarding works or parts which have not been completed or properly installed prior to such acceptance. In the event that BUYER makes such qualified acceptance the parties will reach an agreement in writing, prior to the delivery of the VESSEL, as to how and when to remedy the items being the subject of the qualified acceptance, at the SELLER’s cost and expense, either before or after the delivery, as quickly as possible, without delaying the date of delivery and without causing the BUYER inconvenience in the operation of the VESSELWARRANTY PERIOD.
(cd) In the event If BUYER considers that the SELLER fails to correct any non-conformity of which it has been given notice by the BUYER, which non-conformity has been confirmed by the Classification Society, the BUYER shall indicate what aspect results of the VESSEL sea trial indicate that the DRILLSHIP or any part or equipment thereof does not conform to this Contract CONTRACT and/or the Specifications and SPECIFICATIONS, BUYER shall indicate in detail in a notice of rejection in what respect the SELLER shall promptly correct those non-conformitiesDRILLSHIP or any part or equipment thereof, does not in its opinion conform to this CONTRACT and/or the SPECIFICATIONS.
(de) In the event that the If BUYER fails to give notice to the SELLER by fax and/or telex notify BUILDER in writing or email confirmed in writing of the VESSEL acceptance or rejection of the DRILLSHIP together with the reason therefore within the period as provided in the above Sub-clause Article VI.4 (ab) or (bc), the BUYER shall be deemed to have accepted the VESSELDRILLSHIP.
(ef) Any BUILDER may dispute between the SELLER and the BUYER as to the conformity or non-conformity rejection of the VESSEL to DRILLSHIP by BUYER under this Article VI.4, in which case the requirements of this Contract and/or the Specifications matter shall be submitted for final decision by arbitration in accordance with ARTICLE XII hereofArticle XIII.
Appears in 2 contracts
Samples: Construction Contract (Atwood Oceanics Inc), Construction Contract (Atwood Oceanics Inc)
Method of Acceptance or Rejection. (a) Upon completion of the trial runsea trial, the SELLER BUILDER shall give the BUYER a notice by telex or facsimile confirmed in writing telefax of completion of the trial run and promptly provide the BUYER with all protocols and records of tests and trialsrun, as and if the SELLER BUILDER considers that the results of the trial run prove indicate conformity of the VESSEL DRILLSHIP to this Contract and the Specifications. The BUYER shall, within six Five (65) working days after receipt of the aforementioned records of tests and trials such notice from the SELLERBUILDER, notify the SELLER BUILDER by telex or facsimile confirmed in writing telefax of its acceptance or rejection of the VESSEL’s DRILLSHIP's conformity to this Contract and the Specifications.
(b) Should However, if the records result of tests and trials indicate that the VESSEL sea trial is unacceptable, or if the DRILLSHIP, or any part or equipment thereof, (except a defect in the BUYER'S supplies not being the responsibility of the BUILDER) does not conform to the requirements of this Contract and/or the Specifications, or the Specifications and if the SELLER agrees with BUILDER is in agreement to nonconformity as specified in the BUYER’s 'S notice of non-conformityrejection, then then, the SELLER BUILDER shall promptly take the necessary steps to correct such non-conformity and notify the BUYER promptly in writing or by telex or facsimile confirmed in writing advising the BUYER of the estimated additional time required for the necessary alterations to correct such non-conformity. Upon completion of correction of such non-conformity, new and re-test or trial run or runs as necessary will be made to prove conformity of the VESSEL to this Contract and Specifications if so found necessary by the SELLERnecessary, the Classification Society and BUILDER shall give the RepresentativesBUYER notice thereof by telefax confirmed in writing. The SELLER shall notify the BUYER of the time and place of any new trial run no less than five shall, within Five (5) working days beforehandafter receipt of such notice from the BUILDER, unless otherwise mutually agreed to. All provisions notify the BUILDER of its acceptance or rejection of the trial run shall apply to such new trial run. Notwithstanding the aforesaid, the BUYER may accept the VESSEL qualifying its acceptance by reservations regarding works or parts which have not been completed or properly installed prior to such acceptance. In the event that BUYER makes such qualified acceptance the parties will reach an agreement in writing, prior to the delivery of the VESSEL, as to how and when to remedy the items being the subject of the qualified acceptance, at the SELLER’s cost and expense, either before or after the delivery, as quickly as possible, without delaying the date of delivery and without causing the BUYER inconvenience in the operation of the VESSELDRILLSHIP.
(c) In the event that the SELLER fails to correct any non-conformity of which it has been given notice by BUYER rejects the BUYER, which non-conformity has been confirmed by the Classification SocietyDRILLSHIP, the BUYER shall indicate in detail in its notice of rejection in what aspect respect the DRILLSHIP, or any part or equipment thereof (except a defect in the BUYER'S supplies not the responsibility of the VESSEL BUILDER) does not conform to this Contract and/or the Specifications and the SELLER shall promptly correct those non-conformitiesSpecifications.
(d) In the event that the BUYER fails to give notice to notify the SELLER BUILDER by fax and/or telex telefax confirmed in writing of the VESSEL acceptance of or the rejection together with the reason therefore of the DRILLSHIP within the period as provided in the above Sub-clause paragraph (a) or (b), the BUYER shall be deemed to have accepted the VESSELtrial results and/or the DRILLSHIP, as appropriate.
(e) Any dispute between the SELLER BUILDER and the BUYER as to the conformity or non-conformity nonconformity of the VESSEL DRILLSHIP to the requirements of this Contract and/or the Specifications shall be submitted for final decision in accordance with ARTICLE Article XII hereof.
(f) The BUYER shall not be entitled to refuse acceptance of the DRILLSHIP by reason of any minor or insubstantial non-conformity with this Contract and the Specifications. For the purpose of this Sub-paragraph, a minor or insubstantial nonconformity shall mean a non-conformity that does not impair the safe or efficient operation of the DRILLSHIP and shall exclude any non-conformities affecting compliance with the rules and regulations of the Classification Society and other relevant Regulatory Bodies of the DRILLSHIP as defined in the Specifications. The BUILDER shall remain obliged to correct and/or remedy such minor or insubstantial non-conformities as soon as reasonably possible following delivery of the DRILLSHIP.
Appears in 1 contract
Method of Acceptance or Rejection. (a) a. Upon completion of the trial run, the SELLER BUILDER shall give the BUYER a written notice by telex or facsimile confirmed in writing of completion of the trial run and promptly provide the BUYER with all protocols and records of tests and trialsrun, as and if the SELLER BUILDER considers that the results of the trial run prove indicate conformity of the VESSEL to this Contract and Specificationsthe Specification. The BUYER shall, within six three (63) working days after receipt of the aforementioned records of tests and trials such notice from the SELLERBUILDER, notify provide the SELLER by telex or facsimile confirmed in writing BUILDER written notice of its acceptance intent to accept or rejection reject the VESSEL on the Contract Delivery Date.
b. However, should the results of the VESSEL’s conformity to this Contract and the Specifications.
(b) Should the records of tests and trials trial run indicate that the VESSEL VESSEL, or any part or equipment thereof, does not conform to the requirements of this Contract and/or the Specification, or the Specifications and if the SELLER agrees BUILDER is in agreement as to non-conformity as specified in the BUYER's notice of rejection, then, the BUILDER shall with the BUYER’s notice written concurrence of non-conformity, then the SELLER shall promptly BUYER take the necessary steps to correct such non-conformity and notify the BUYER promptly in writing or by telex or facsimile confirmed in writing advising the BUYER of the estimated additional time required for the necessary alterations to correct such non-conformity. Upon completion of correction of such non-conformity, the BUILDER shall give the BUYER written notice thereof. The BUYER shall, within two (2) days after receipt of such notice from the BUILDER, notify the BUILDER of its acceptance or rejection of the VESSEL. The BUYER may only demand a new trial run or runs as necessary will be made to if this is the only way the BUILDER can prove conformity of that the VESSEL to this Contract and Specifications if so found necessary by nonconformities have been corrected. In the SELLER, the Classification Society and the Representatives. The SELLER shall notify the BUYER of the time and place of any event a new trial run no less than five (5) working days beforehandtakes place, unless otherwise mutually agreed to. All the provisions of the set forth in Paragraphs 1, 2 and 3 hereof shall govern this trial run except that the BUILDER shall apply be entitled to give a written notice of two (2) days for such new trial run. Notwithstanding Upon completion of the aforesaidadditional trial run, the BUYER may accept the VESSEL qualifying its acceptance by reservations regarding works or parts which have not been completed or properly installed prior to such acceptance. In the event that BUYER makes such qualified acceptance the parties will reach an agreement in writing, prior to the delivery provisions of the VESSEL, as to how and when to remedy the items being the subject of the qualified acceptance, at the SELLER’s cost and expense, either before or after the delivery, as quickly as possible, without delaying the date of delivery and without causing the BUYER inconvenience in the operation of the VESSELParagraph 4 shall apply.
(c) c. In the any event that the SELLER fails to correct any non-conformity of which it has been given notice by BUYER rejects the BUYER, which non-conformity has been confirmed by the Classification SocietyVESSEL, the BUYER shall indicate specify in its notice of rejection in what aspect of respect the VESSEL VESSEL, or any part or equipment thereof does not conform to this the Contract and/or the Specifications and the SELLER shall promptly correct those non-conformities.
(d) d. In the event that the BUYER fails to give provide the BUILDER written notice to of the SELLER by fax and/or telex confirmed in writing acceptance of or the rejection together with the reason therefor of the VESSEL within the period as provided in the above Sub-clause subparagraphs (a) or (b), the BUYER shall be deemed to have accepted the VESSEL.
(e) Any e. The BUILDER may dispute between the SELLER and the BUYER as to the conformity or non-conformity rejection of the VESSEL to by the requirements of BUYER under this Contract and/or Paragraph 4, in which case the Specifications matter shall be submitted for final decision in accordance with ARTICLE XII Article XIV hereof.
Appears in 1 contract
Method of Acceptance or Rejection. (a) Upon If during any sea trial any breakdowns occur entailing interruption or irregular performance which can be repaired on board, the trial shall be continued after repairs and be valid in all respects. However, if the Vessel must return to a port to enable the breakdown to be remedied, then trials interrupted by such breakdown shall be repeated in their entirety and repaired equipment shall be fully re-tested.
(b) As soon as practicable after satisfactory completion of the trial run, the SELLER Builder shall give the BUYER Buyer a report thereon and notice by telex or facsimile confirmed in writing of completion of the trial run and promptly provide the BUYER with all protocols and records of tests and trials, as and if the SELLER that Builder considers that the results of the trial run prove indicate conformity of the VESSEL Vessel to this Contract and the Specifications. The BUYER Buyer shall, within six Three (63) working days after receipt of the aforementioned records of tests and trials such notice from the SELLERBuilder, notify the SELLER by telex or facsimile confirmed in writing Builder of its acceptance or rejection of the VESSEL’s Vessel on the basis of its conformity to with the requirements of this Contract and the Specifications.
(bc) Should If the records results of tests and trials the trial run indicate that the VESSEL Vessel, or any part or equipment thereof, does not conform to the requirements of this Contract or and/or the Specifications and if the SELLER agrees with the BUYER’s notice of non-conformitySpecifications, then the SELLER then, Builder shall promptly take the necessary steps to correct such non-conformity and notify the BUYER promptly in writing or by telex or facsimile confirmed in writing advising the BUYER of the estimated additional time required for the necessary alterations to correct such non-conformity. Upon completion of correction of such non-conformity, new trial run or runs as necessary will be made to prove conformity of the VESSEL to this Contract and Specifications if so found necessary by the SELLERBuilder shall give Buyer notice thereof. Buyer shall, the Classification Society and the Representatives. The SELLER shall notify the BUYER of the time and place of any new trial run no less than five within Two (52) working days beforehandafter receipt of such notice from Builder notify Builder of its acceptance or rejection of the Vessel. However, unless otherwise mutually agreed to. All provisions Buyer shall not be entitled to reject the Vessel by reason of any minor or insubstantial defect or non-conformity judged from the viewpoint of standard shipbuilding practice but in such case, the Builder shall not be released from its obligation to correct and/or remedy such minor or insubstantial non-conformity as far as practicable during the Warranty Period.
(d) If Buyer considers that the results of the trial run shall apply to such new trial run. Notwithstanding the aforesaid, the BUYER may accept the VESSEL qualifying its acceptance by reservations regarding works or parts which have not been completed or properly installed prior to such acceptance. In the event that BUYER makes such qualified acceptance the parties will reach an agreement in writing, prior to the delivery of the VESSEL, as to how and when to remedy the items being the subject of the qualified acceptance, at the SELLER’s cost and expense, either before or after the delivery, as quickly as possible, without delaying the date of delivery and without causing the BUYER inconvenience in the operation of the VESSEL.
(c) In the event indicate that the SELLER fails to correct Vessel or any non-conformity of which it has been given notice by the BUYER, which non-conformity has been confirmed by the Classification Society, the BUYER shall indicate what aspect of the VESSEL part or equipment thereof does not conform to this Contract and/or the Specifications and Specifications, Buyer shall indicate in detail in a notice of rejection in what respect the SELLER shall promptly correct those non-conformitiesVessel or any part or equipment thereof, does not in its opinion conform to this Contract and/or the Specifications.
(de) In the event that the BUYER If Buyer fails to give notice to the SELLER by fax and/or telex notify Builder in writing or telefax confirmed in writing of the VESSEL acceptance or rejection of the Vessel together with the reason therefor within the period as provided in the above Sub-clause Article VI.4 (ab) or (bc), the BUYER Buyer shall be deemed to have accepted the VESSELVessel.
(ef) Any Builder may dispute between the SELLER and the BUYER as to the conformity or non-conformity rejection of the VESSEL to Vessel by Buyer under this Article VI.4, in which case the requirements of this Contract and/or the Specifications matter shall be submitted for final decision by arbitration in accordance with ARTICLE XII hereofArticle XIII.
Appears in 1 contract
Method of Acceptance or Rejection. (a) a. Upon completion of the trial run, the SELLER BUILDER shall give the BUYER a written notice by telex or facsimile confirmed in writing of completion of the trial run and promptly provide the BUYER with all protocols and records of tests and trialsrun, as and if the SELLER BUILDER considers that the results of the trial run prove indicate conformity of the VESSEL to this Contract and Specificationsthe Specification. The BUYER shall, within six three (63) working days after receipt of the aforementioned records of tests and trials such notice from the SELLERBUILDER, notify provide the SELLER by telex or facsimile confirmed in writing BUILDER written notice of its acceptance intent to accept or rejection reject the VESSEL on the Contract Delivery Date.
b. However, should the results of the VESSEL’s conformity to this Contract and the Specifications.
(b) Should the records of tests and trials trial run indicate that the VESSEL VESSEL, or any part or equipment thereof, does not conform to the requirements of this Contract and/or the Specification, or the Specifications and if the SELLER agrees BUILDER is in agreement as to non-conformity as specified in the BUYER's notice of rejection, then, the BUILDER shall with the BUYER’s notice written concurrence of non-conformity, then the SELLER shall promptly BUYER take the necessary steps to correct such non-conformity and notify the BUYER promptly in writing or by telex or facsimile confirmed in writing advising the BUYER of the estimated additional time required for the necessary alterations to correct such non-conformity. Upon completion of correction of such non-conformity, the BUILDER shall give the BUYER written notice thereof. The BUYER shall, within two (2) days after receipt of such notice from the BUILDER, notify the BUILDER of its acceptance or rejection of the VESSEL. The BUYER may only demand a new trial run or runs as necessary will be made to if this is the only way the BUILDER can prove conformity of that the VESSEL to this Contract and Specifications if so found necessary by nonconformities have been corrected. In the SELLER, the Classification Society and the Representatives. The SELLER shall notify the BUYER of the time and place of any event a new trial run no less than five (5) working days beforehandtakes place, unless otherwise mutually agreed to. All the provisions of the set forth in Paragraphs 1, 2 and 3 hereof shall govern this trial run except that the BUILDER shall apply be entitled to give a written notice of two (2) days for such new trial run. Notwithstanding Upon completion of the aforesaidadditional trial run, the BUYER may accept the VESSEL qualifying its acceptance by reservations regarding works or parts which have not been completed or properly installed prior to such acceptance. In the event that BUYER makes such qualified acceptance the parties will reach an agreement in writing, prior to the delivery provisions of the VESSEL, as to how and when to remedy the items being the subject of the qualified acceptance, at the SELLER’s cost and expense, either before or after the delivery, as quickly as possible, without delaying the date of delivery and without causing the BUYER inconvenience in the operation of the VESSELParagraph 4 shall apply.
(c) c. In the any event that the SELLER fails to correct any non-conformity of which it has been given notice by BUYER rejects the BUYER, which non-conformity has been confirmed by the Classification SocietyVESSEL, the BUYER shall indicate specify in its notice of rejection in what aspect of respect the VESSEL VESSEL, or any part or equipment thereof does not conform to this Contract and/or the Specifications and the SELLER shall promptly correct those non-conformitiesContract.
(d) d. In the event that the BUYER fails to give provide the BUILDER written notice to of the SELLER by fax and/or telex confirmed in writing acceptance of or the rejection together with the reason therefor of the VESSEL within the period as provided in the above Sub-clause subparagraphs (a) or (b), the BUYER shall be deemed to have accepted the VESSEL.
(e) Any e. The BUILDER may dispute between the SELLER and the BUYER as to the conformity or non-conformity rejection of the VESSEL to by the requirements of BUYER under this Contract and/or Paragraph 4, in which case the Specifications matter shall be submitted for final decision in accordance with ARTICLE XII Article XIV hereof.
Appears in 1 contract
Method of Acceptance or Rejection. (a) Upon completion of the sea trial run, the SELLER shall give the BUYER a notice by telex or facsimile confirmed in writing of completion of and when the trial run and results are available, Builder shall promptly provide the BUYER with all protocols and records of tests and trials, as and if the SELLER considers that the results of the trial run prove conformity tests to Buyer in writing. If the Builder considers the results thereof demonstrates that the Vessel conforms with the Contract, the Builder shall promptly give the Buyer a written notice of completion stating when the VESSEL Vessel is ready for delivery. This notice shall state where and when the Vessel shall be available for delivery, which shall be at least [*] after the notice is given (unless Buyer consents in writing to this Contract and Specificationsa shorter period). The BUYER shall, Buyer shall within six (6) working days [*] after receipt of this notice (and the aforementioned records of tests and trials from the SELLER, test results) notify the SELLER by telex or facsimile confirmed Builder in writing of its acceptance or rejection of the VESSEL’s conformity to this Contract and the SpecificationsVessel.
(b) Should If the records results of tests and trials indicate the sea trial demonstrate that the VESSEL Vessel or any part or equipment thereof does not conform to the requirements of this the Contract or the Specifications and if the SELLER agrees with the BUYER’s notice of non-conformity, then the SELLER Builder shall promptly take the all necessary steps to correct such non-conformity and notify the BUYER promptly in writing or by telex or facsimile confirmed in writing advising the BUYER of the estimated additional time required for the necessary alterations to correct rectify such non-conformity. If necessary the Builder shall for its own account carry out further sea trial in accordance with this Article VII to ascertain that the Vessel complies with the terms of the Contract. Upon completion of correction demonstration by the Builder that the deficiencies have been corrected, Builder shall give a notice thereof, with the results of such nonre-conformity, new trial run or runs as necessary will be made to prove conformity test in writing and of the VESSEL readiness of the Vessel for delivery, to this Contract and Specifications if so found necessary by the SELLERBuyer, who shall then within [*] after receipt of such notice together with the Classification Society and the Representatives. The SELLER shall new test results notify the BUYER Builder of its acceptance or rejection of the time and place of any new trial run no less than five (5) working days beforehand, unless otherwise mutually agreed to. All provisions of the trial run shall apply to such new trial run. Notwithstanding the aforesaid, the BUYER may accept the VESSEL qualifying its acceptance by reservations regarding works or parts which have not been completed or properly installed prior to such acceptance. In the event that BUYER makes such qualified acceptance the parties will reach an agreement in writing, prior to the delivery of the VESSEL, as to how and when to remedy the items being the subject of the qualified acceptance, at the SELLER’s cost and expense, either before or after the delivery, as quickly as possible, without delaying the date of delivery and without causing the BUYER inconvenience in the operation of the VESSELVessel.
(c) In If the event that Buyer for any reason rejects the SELLER fails to correct any non-conformity of which it has been given notice by the BUYER, which non-conformity has been confirmed by the Classification SocietyVessel, the BUYER Buyer shall indicate what aspect state in which respects the Vessel does not confirm to the requirements of the VESSEL does not conform Contract with sufficient specificity to this Contract and/or allow the Specifications and the SELLER shall promptly correct those non-conformitiesBuilder to consider whether there is a nonconformity or not.
(d) In If the event non-conformity with the requirements of the Contract is of such a nature as to not materially interfere with the Vessel’s ability to operate in the luxury polar expedition cruise service and the Buyer’s ability to draw upon its financing, and the Builder is unable to rectify the matter within a reasonable time, the Builder may nevertheless require the Buyer to take delivery of the Vessel, provided that the BUYER fails Builder first:
(i) undertakes writing to give notice remedy the deficiency or fulfil the requirement for its own cost and expense and as soon as possible,
(ii) agrees in writing to indemnify the Buyer for any direct and documented loss incurred as a consequence thereof, including loss of time, and
(iii) provides a work guarantee or other security reasonably acceptable to Buyer in an amount sufficient to cover the expected cost (if accomplished by a third party in its own facility) of such deficiency. Whereupon the Buyer shall accept delivery of the Vessel.
(e) The Builder’s liability in respect of (d) (ii) above shall be [*].
(f) If the Builder disputes the rejection by the Buyer, the case shall be submitted for final decision by arbitration in accordance with Article XIX hereof.
(g) Failure in responding to the SELLER notice given by fax and/or telex confirmed in writing of the VESSEL within the period as provided in the above Sub-clause Builder under (a) or (b), the BUYER ) above shall be deemed to have accepted the VESSEL.
(e) Any dispute between the SELLER and the BUYER as to the conformity or non-conformity unconditional acceptance of the VESSEL to Vessel by the requirements of this Contract and/or the Specifications shall be submitted for final decision in accordance with ARTICLE XII hereofBuyer.
Appears in 1 contract
Samples: Shipbuilding Contract (Lindblad Expeditions Holdings, Inc.)
Method of Acceptance or Rejection. (a) Upon completion of the trial runsea trial, the SELLER BUILDER shall give the BUYER a notice by telex or facsimile confirmed in writing telefax of completion of the trial run and promptly provide the BUYER with all protocols and records of tests and trialsrun, as and if the SELLER BUILDER considers that the results of the trial run prove indicate conformity of the VESSEL DRILLSHIP to this Contract and the Specifications. The BUYER shall, within six Five (65) working days after receipt of the aforementioned records of tests and trials such notice from the SELLERBUILDER, notify the SELLER BUILDER by telex or facsimile confirmed in writing telefax of its acceptance or rejection of the VESSELDRILLSHIP’s conformity to this Contract and the Specifications.
(b) Should However, if the records result of tests and trials indicate that the VESSEL sea trial is unacceptable, or if the DRILLSHIP, or any part or equipment thereof, (except a defect in the BUYER’s supplies not being the responsibility of the BUILDER) does not conform to the requirements of this Contract and/or the Specifications, or the Specifications and if the SELLER agrees with BUILDER is in agreement to nonconformity as specified in the BUYER’s notice of non-conformityrejection, then then, the SELLER BUILDER shall promptly take the necessary steps to correct such non-conformity and notify the BUYER promptly in writing or by telex or facsimile confirmed in writing advising the BUYER of the estimated additional time required for the necessary alterations to correct such non-conformity. Upon completion of correction of such non-conformity, new and re-test or trial run or runs as necessary will be made to prove conformity of the VESSEL to this Contract and Specifications if so found necessary by the SELLERnecessary, the Classification Society and BUILDER shall give the RepresentativesBUYER notice thereof by telefax confirmed in writing. The SELLER shall notify the BUYER of the time and place of any new trial run no less than five shall, within Five (5) working days beforehandafter receipt of such notice from the BUILDER, unless otherwise mutually agreed to. All provisions notify the BUILDER of its acceptance or rejection of the trial run shall apply to such new trial run. Notwithstanding the aforesaid, the BUYER may accept the VESSEL qualifying its acceptance by reservations regarding works or parts which have not been completed or properly installed prior to such acceptance. In the event that BUYER makes such qualified acceptance the parties will reach an agreement in writing, prior to the delivery of the VESSEL, as to how and when to remedy the items being the subject of the qualified acceptance, at the SELLER’s cost and expense, either before or after the delivery, as quickly as possible, without delaying the date of delivery and without causing the BUYER inconvenience in the operation of the VESSELDRILLSHIP.
(c) In the event that the SELLER fails to correct any non-conformity of which it has been given notice by BUYER rejects the BUYER, which non-conformity has been confirmed by the Classification SocietyDRILLSHIP, the BUYER shall indicate in detail in its notice of rejection in what aspect respect the DRILLSHIP, or any part or equipment thereof (except a defect in the BUYER’s supplies not the responsibility of the VESSEL BUILDER) does not conform to this Contract and/or the Specifications and the SELLER shall promptly correct those non-conformitiesSpecifications.
(d) In the event that the BUYER fails to give notice to notify the SELLER BUILDER by fax and/or telex telefax confirmed in writing of the VESSEL acceptance of or the rejection together with the reason therefore of the DRILLSHIP within the period as provided in the above Sub-clause paragraph (a) or (b), the BUYER shall be deemed to have accepted the VESSELtrial results and/or the DRILLSHIP, as appropriate.
(e) Any dispute between the SELLER BUILDER and the BUYER as to the conformity or non-conformity nonconformity of the VESSEL DRILLSHIP to the requirements of this Contract and/or the Specifications shall be submitted for final decision in accordance with ARTICLE Article XII hereof.
(f) The BUYER shall not be entitled to refuse acceptance of the DRILLSHIP by reason of any minor or insubstantial non-conformity with this Contract and the Specifications. For the purpose of this Sub-paragraph, a minor or insubstantial nonconformity shall mean a non-conformity that does not impair the safe or efficient operation of the DRILLSHIP and shall exclude any non-conformities affecting compliance with the rules and regulations of the Classification Society and other relevant Regulatory Bodies of the DRILLSHIP as defined in the Specifications. The BUILDER shall remain obliged to correct and/or remedy such minor or insubstantial non-conformities as soon as reasonably possible following delivery of the DRILLSHIP.
Appears in 1 contract
Method of Acceptance or Rejection. (a) Upon completion of the trial runsea trial, the SELLER BUILDER shall give the BUYER a notice by telex or facsimile confirmed in writing telefax of completion of the trial run and promptly provide the BUYER with all protocols and records of tests and trialsrun, as and if the SELLER BUILDER considers that the results of the trial run prove indicate conformity of the VESSEL DRILLSHIP to this Contract and the Specifications. The BUYER shall, within six Five (65) working days after receipt of the aforementioned records of tests and trials such notice from the SELLERBUILDER, notify the SELLER BUILDER by telex or facsimile confirmed in writing telefax of its acceptance or rejection of the VESSELDRILLSHIP’s conformity to this Contract and the Specifications.
(b) Should However, if the records result of tests and trials indicate that the VESSEL sea trial is unacceptable, or if the DRILLSHIP, or any part or equipment thereof, (except a defect in the BUYER’S supplies not being the responsibility of the BUILDER) does not conform to the requirements of this Contract and/or the Specifications, or the Specifications and if the SELLER agrees with BUILDER is in agreement to non conformity as specified in the BUYER’s ’S notice of non-conformityrejection, then then, the SELLER BUILDER shall promptly take the necessary steps to correct such non-conformity and notify the BUYER promptly in writing or by telex or facsimile confirmed in writing advising the BUYER of the estimated additional time required for the necessary alterations to correct such non-conformity. Upon completion of correction of such non-conformity, new and re-test or trial run or runs as necessary will be made to prove conformity of the VESSEL to this Contract and Specifications if so found necessary by the SELLERnecessary, the Classification Society and BUILDER shall give the RepresentativesBUYER notice thereof by telefax confirmed in writing. The SELLER shall notify the BUYER of the time and place of any new trial run no less than five shall, within Five (5) working days beforehandafter receipt of such notice from the BUILDER, unless otherwise mutually agreed to. All provisions notify the BUILDER of its acceptance or rejection of the trial run shall apply to such new trial run. Notwithstanding the aforesaid, the BUYER may accept the VESSEL qualifying its acceptance by reservations regarding works or parts which have not been completed or properly installed prior to such acceptance. In the event that BUYER makes such qualified acceptance the parties will reach an agreement in writing, prior to the delivery of the VESSEL, as to how and when to remedy the items being the subject of the qualified acceptance, at the SELLER’s cost and expense, either before or after the delivery, as quickly as possible, without delaying the date of delivery and without causing the BUYER inconvenience in the operation of the VESSELDRILLSHIP.
(c) In the event that the SELLER fails to correct any non-conformity of which it has been given notice by BUYER rejects the BUYER, which non-conformity has been confirmed by the Classification SocietyDRILLSHIP, the BUYER shall indicate in detail in its notice of rejection in what aspect respect the DRILLSHIP, or any part or equipment thereof (except a defect in the BUYER’S supplies not the responsibility of the VESSEL BUILDER) does not conform to this Contract and/or the Specifications and the SELLER shall promptly correct those non-conformitiesSpecifications.
(d) In the event that the BUYER fails to give notice to notify the SELLER BUILDER by fax and/or telex telefax confirmed in writing of the VESSEL acceptance of or the rejection together with the reason therefore of the DRILLSHIP within the period as provided in the above Sub-clause paragraph (a) or (b), the BUYER shall be deemed to have accepted the VESSELtrial results and/or the DRILLSHIP, as appropriate.
(e) Any dispute between the SELLER BUILDER and the BUYER as to the conformity or non-non conformity of the VESSEL DRILLSHIP to the requirements of this Contract and/or the Specifications shall be submitted for final decision in accordance with ARTICLE Article XII hereof.
(f) The BUYER shall not be entitled to refuse acceptance of the DRILLSHIP by reason of any minor or insubstantial non-conformity with this Contract and the Specifications. For the purpose of this Sub-paragraph, a minor or insubstantial non conformity shall mean a non-conformity that does not impair the safe or efficient operation of the DRILLSHIP and shall exclude any non-conformities affecting compliance with the rules and regulations of the Classification Society and other relevant Regulatory Bodies of the DRILLSHIP as defined in the Specifications. The BUILDER shall remain obliged to correct and/or remedy such minor or insubstantial non-conformities as soon as reasonably possible following delivery of the DRILLSHIP.
Appears in 1 contract
Method of Acceptance or Rejection. (a) Upon completion of the trial runsea trials of the Vessel, the SELLER shall give immediate notice to the BUYER a notice by telex or facsimile confirmed in writing of completion of the trial run and promptly provide the BUYER with all protocols and records of tests and trialssea trial, as and if provided that the SELLER considers that the results of the trial run prove sea trials indicate conformity of the VESSEL to this Contract and Specificationsthe Specification, such notice shall be accompanied by test results in sufficient detail to enable the Buyer to make its own analysis. The BUYER shall, shall within six maximum there (63) working days after receipt of the aforementioned records of tests and trials such notice from the SELLER, SELLER notify the SELLER by telex or facsimile confirmed in writing writing, of its acceptance or rejection of the VESSEL’s conformity to this Contract and the Specifications.
(b) . Should the records results of tests and trials the trial run indicate that the VESSEL VESSEL, or any part or equipment thereof, does not conform to the requirements of this Contract or and/or the Specifications and if the SELLER agrees with the BUYER’s notice of non-conformity, Specification and/or Class then the SELLER shall promptly take the necessary steps to correct such non-conformity and notify the BUYER promptly in writing or by telex or facsimile confirmed in writing advising the BUYER of the estimated additional time required for the necessary alterations to correct such non-conformityforthwith. Upon completion of correction of such non-conformity, new trial run the SELLER shall conduct a further test and/or seatrial to enable the correction to be verified with the same provisions of the preceding paragraph relating to SELLER’s notice and BUYER’s acceptance or runs as necessary will be made to prove conformity rejection of the VESSEL to this Contract and Specifications if so found necessary by the SELLER, the Classification Society and the Representatives. The SELLER shall notify the BUYER of the time and place of any new trial run no less than five being also applicable in such an event.
(5b) working days beforehand, unless otherwise mutually agreed to. All provisions of the trial run shall apply to such new trial run. Notwithstanding the aforesaid, the BUYER may accept the VESSEL qualifying its acceptance by reservations regarding works or parts which have not been completed or properly installed prior to such acceptance. In the event that the BUYER makes such qualified acceptance the parties will reach an agreement in writing, prior to the delivery of rejects the VESSEL, as the BUYER shall indicate in its notice of rejection in what respect the VESSEL, or any part or equipment hereof does not conform to how this Contract and/or the Specification and when to the reasons based on which the SELLER cannot remedy the items being defect. Should any breakdowns occur during the subject Sea Trials, entailing their interruption or irregular performance, and breakdown cannot be repaired by the normal means available on board, the trial to affected will be cancelled and will be repeated by at the expense of the qualified acceptance, at SELLER. The time period required for the SELLER’s cost repairs will produce and expense, either before or after extension of the delivery, as quickly as possible, without delaying the delivery date of delivery and without causing to be agreed upon by the BUYER inconvenience in the operation and SELLER if caused by events which permit extension of the VESSELdelivery date under Article IX. If the breakdown is repaired by normal means available on board, the Sea Trial will be continued and considered as a valid trial.
(c) In the event that the SELLER fails to correct any non-conformity of which it has been given notice by the BUYER, which non-conformity has been confirmed by the Classification Society, the BUYER shall indicate what aspect of the VESSEL does not conform to this Contract and/or the Specifications and the SELLER shall promptly correct those non-conformities.
(d) In the event that the BUYER fails to give notice to notify the SELLER by fax and/or telex confirmed in writing writing, of the acceptance of or the rejection together with the reason there for of the VESSEL within the period as provided in the above Subsub-clause paragraphs (a) or (b), the BUYER shall be deemed to have accepted the VESSEL.
(ed) Any dispute between If the BUYER rejects the VESSEL pursuant to this Article, the SELLER and the BUYER as to the conformity or non-conformity of the VESSEL to the requirements of this Contract and/or the Specifications shall be submitted for final decision entitled to dispute such rejection in accordance with ARTICLE XII hereofArticle XIII of this Contract.
Appears in 1 contract
Samples: Shipbuilding Contract (Aegean Marine Petroleum Network Inc.)
Method of Acceptance or Rejection. (a) Upon completion of the trial run, the SELLER BUILDER shall give the BUYER a notice by telex or facsimile confirmed in writing of completion of the trial run and promptly provide the BUYER with all protocols and records of tests and trialsrun, as and if the SELLER BUILDER considers that the results of the trial run prove indicate conformity of the VESSEL DRILLSHIP to this Contract and the Specifications. The BUYER shall, within six Five (65) working days after receipt of the aforementioned records of tests and trials such notice from the SELLERBUILDER, notify the SELLER BUILDER by telex or facsimile telefax confirmed in writing of its acceptance or rejection of the VESSEL’s conformity to this Contract and the Specificationstrial results.
(b) Should However, if the records result of tests and trials indicate that the VESSEL trial run is unacceptable, or if the DRILLSHIP, or any part or equipment thereof, (except a defect in the BUYER's Supplies not the responsibility of the BUILDER) does not conform to the requirements of this Contract and/or the Specifications, or the Specifications and if the SELLER agrees with BUILDER is in agreement to non- conformity as specified in the BUYER’s 's notice of non-conformityrejection, then then, the SELLER BUILDER shall promptly take the necessary steps to correct such nonnon- conformity. The DRILLSHIP may be redocked in the event of unsatisfactory sea-conformity and notify the BUYER promptly in writing or by telex or facsimile confirmed in writing advising the BUYER of the estimated additional time required trial results for the necessary alterations to correct such non-conformitydynamic positioning and thruster systems, or other major system malfunction which cannot be repaired afloat. Upon completion of correction of such non-conformity, new and re- test or trial run or runs as necessary will be made to prove conformity of the VESSEL to this Contract and Specifications if so found necessary by the SELLERnecessary, the Classification Society and BUILDER shall give the RepresentativesBUYER notice thereof by telex or telefax confirmed in writing. The SELLER shall notify the BUYER of the time and place of any new trial run no less than five shall, within Five (5) working days beforehandafter receipt of such notice from the BUILDER, unless otherwise mutually agreed to. All provisions notify the BUILDER of its acceptance or rejection of the trial run shall apply to such new trial run. Notwithstanding the aforesaid, the BUYER may accept the VESSEL qualifying its acceptance DRILLSHIP's conformity by reservations regarding works telex or parts which have not been completed or properly installed prior to such acceptance. In the event that BUYER makes such qualified acceptance the parties will reach an agreement telefax confirmed in writing, prior to the delivery of the VESSEL, as to how and when to remedy the items being the subject of the qualified acceptance, at the SELLER’s cost and expense, either before or after the delivery, as quickly as possible, without delaying the date of delivery and without causing the BUYER inconvenience in the operation of the VESSEL.
(c) In the If any event that the SELLER fails to correct any non-conformity of which it has been given notice by BUYER rejects the BUYER, which non-conformity has been confirmed by the Classification SocietyDRILLSHIP, the BUYER shall indicate in detail in its notice of rejection in what aspect respect the DRILLSHIP, or any part or equipment thereof (except a defect in the BUYER's Supplies not the responsibility of the VESSEL BUILDER) does not conform to this Contract and/or the Specifications and the SELLER shall promptly correct those non-conformitiesSpecifications.
(d) In the event that the BUYER fails to give notice to notify the SELLER BUILDER by fax and/or telex or telefax confirmed in writing of the VESSEL acceptance of or the rejection together with the reason therefor of the DRILLSHIP within the period as provided in the above Sub-clause paragraph (a) or (b), the BUYER shall be deemed to have accepted the VESSELtrial results and/or the DRILLSHIP, as appropriate.
(e) Any dispute between the SELLER BUILDER and the BUYER as to the conformity or non-conformity of the VESSEL DRILLSHIP to the requirements of this Contract and/or the Specifications shall be submitted for final decision in accordance with ARTICLE Article XII hereof.
Appears in 1 contract
Samples: Contract for Construction and Sale of a Drilling Ship (R&b Falcon Corp)
Method of Acceptance or Rejection. (a) Upon completion of the trial runsea trial, the SELLER BUILDER shall give the BUYER a notice by telex or facsimile confirmed in writing telefax of completion of the trial run and promptly provide the BUYER with all protocols and records of tests and trialsrun, as and if the SELLER BUILDER considers that the results of the trial run prove indicate conformity of the VESSEL DRILLSHIP to this Contract and the Specifications. The BUYER shall, within six Five (65) working days after receipt of the aforementioned records of tests and trials such notice from the SELLERBUILDER, notify the SELLER BUILDER by telex or facsimile confirmed in writing telefax of its acceptance or rejection of the VESSEL’s DRILLSHIP's conformity to this Contract and the Specifications.
(b) Should However, if the records result of tests and trials indicate that the VESSEL sea trial is unacceptable, or if the DRILLSHIP, or any part or equipment thereof, (except a defect in the BUYER'S supplies not being the responsibility of the BUILDER) does not conform to the requirements of this Contract and/or the Specifications, or the Specifications and if the SELLER agrees with BUILDER is in agreement to nonconformity as specified in the BUYER’s 'S notice of non-conformityrejection, then then, the SELLER BUILDER shall promptly take the necessary steps to correct such non-conformity and notify the BUYER promptly in writing or by telex or facsimile confirmed in writing advising the BUYER of the estimated additional time required for the necessary alterations to correct such non-conformity. Upon completion of correction of such non-conformity, new and re-test or trial run or runs as necessary will be made to prove conformity of the VESSEL to this Contract and Specifications if so found necessary by the SELLERnecessary, the Classification Society and BUILDER shall give the RepresentativesBUYER notice thereof by telefax confirmed in writing. The SELLER shall notify the BUYER of the time and place of any new trial run no less than five shall, within Five (5) working days beforehandafter receipt of such notice from the BUILDER, unless otherwise mutually agreed to. All provisions notify the BUILDER of its acceptance or rejection of the trial run shall apply to such new trial run. Notwithstanding the aforesaid, the BUYER may accept the VESSEL qualifying its acceptance by reservations regarding works or parts which have not been completed or properly installed prior to such acceptance. In the event that BUYER makes such qualified acceptance the parties will reach an agreement in writing, prior to the delivery of the VESSEL, as to how and when to remedy the items being the subject of the qualified acceptance, at the SELLER’s cost and expense, either before or after the delivery, as quickly as possible, without delaying the date of delivery and without causing the BUYER inconvenience in the operation of the VESSELDRILLSHIP.
(c) In the event that the SELLER fails to correct any non-conformity of which it has been given notice by BUYER rejects the BUYER, which non-conformity has been confirmed by the Classification SocietyDRILLSHIP, the BUYER shall indicate in detail in its notice of rejection in what aspect respect the DRILLSHIP, or any part or equipment thereof (except a defect in the BUYER'S supplies not the responsibility of the VESSEL BUILDER) does not conform to this Contract and/or the Specifications and the SELLER shall promptly correct those non-conformitiesSpecifications.
(d) In the event that the BUYER fails to give notice to notify the SELLER BUILDER by fax and/or telex telefax confirmed in writing of the VESSEL acceptance of or the rejection together with the reason therefore of the DRILLSHIP within the period as provided in the above Sub-clause paragraph (a) or (b), the BUYER shall be deemed to have accepted the VESSELtrial results and/or the DRILLSHIP, as appropriate.
(e) Any dispute between the SELLER BUILDER and the BUYER as to the conformity or non-conformity nonconformity of the VESSEL DRILLSHIP to the requirements of this Contract and/or the Specifications shall be submitted for final decision in accordance with ARTICLE Article XII hereof.
(f) The BUYER shall not be entitled to refuse acceptance of the DRILLSHIP by reason of any minor or insubstantial non-conformity with this Contract and the Specifications. For the purpose of this Sub-paragraph, a minor or insubstantial nonconformity shall mean a non-conformity that does not impair the safe or efficient operation of the DRILLSHIP and shall exclude any non-conformities affecting compliance with the rules and regulations of the Classification Society and other relevant Regulatory Bodies of the DRILLSHIP as defined in the Specifications. The BUILDER shall remain obliged to correct and/or remedy such minor or insubstantial non-conformities as soon as reasonably possible following delivery of the DRILLSHIP.
Appears in 1 contract
Method of Acceptance or Rejection. (a) Upon completion of the trial run, the SELLER BUILDER shall give the BUYER a notice by telex or facsimile confirmed in writing of completion of the trial run and promptly provide the BUYER with all protocols and records of tests and trials, as and if the SELLER BUILDER considers that the results of the trial run prove conformity of the VESSEL to this Contract and Specifications. The BUYER shall, within six Six (6) working days after receipt of the aforementioned records of tests and trials from the SELLERBUILDER, notify the SELLER BUILDER by telex or facsimile confirmed in writing of its acceptance or rejection of the VESSEL’s conformity to this Contract and the Specifications.
(b) Should the records of tests and trials indicate that the VESSEL does not conform to the requirements of this Contract or the Specifications and if the SELLER BUILDER agrees with the BUYER’s notice of non-conformity, then the SELLER BUILDER shall promptly take the necessary steps to correct such non-conformity and notify the BUYER promptly in writing or by telex or facsimile confirmed in writing advising the BUYER of the estimated additional time required for the necessary alterations to correct such non-conformity. Upon completion of correction of such non-conformity, new trial run or runs as necessary will be made to prove conformity of the VESSEL to this Contract and Specifications if so found necessary by the SELLERBUILDER, the Classification Society and the Representatives. The SELLER BUILDER shall notify the BUYER of the time and place of any new trial run no less than five (5) working days beforehand, unless otherwise mutually agreed to. All provisions of the trial run shall apply to such new trial run. Notwithstanding the aforesaid, the BUYER may accept the VESSEL qualifying its acceptance by reservations regarding works or parts which have not been completed or properly installed prior to such acceptance. In the event that BUYER makes such qualified acceptance the parties will reach an agreement in writing, prior to the delivery of the VESSEL, as to how and when to remedy the items being the subject of the qualified acceptance, at the SELLERBUILDER’s cost and expense, either before or after the delivery, as quickly as possible, without delaying the date of delivery and without causing the BUYER inconvenience in the operation of the VESSEL.
(c) In the event that the SELLER BUILDER fails to correct any non-conformity of which it has been given notice by the BUYER, which non-conformity has been confirmed by the Classification Society, the BUYER shall indicate what aspect of the VESSEL does not conform to this Contract and/or the Specifications and the SELLER BUILDER shall promptly correct those non-conformities.
(d) In the event that the BUYER fails to give notice to the SELLER BUILDER by fax and/or telex confirmed in writing of the VESSEL within the period as provided in the above Subsub-clause paragraph (a) or (b), the BUYER shall be deemed to have accepted the VESSEL.
(e) Any dispute between the SELLER BUILDER and the BUYER as to the conformity or non-conformity of the VESSEL to the requirements of this Contract and/or the Specifications shall be submitted for final decision in accordance with ARTICLE Article XII hereof.
Appears in 1 contract
Samples: Ship Building Contract (Danaos Corp)
Method of Acceptance or Rejection. (a) Upon completion of the trial runsea trial, the SELLER BUILDER shall give the BUYER a notice by telex or facsimile confirmed in writing telefax of completion of the trial run and promptly provide the BUYER with all protocols and records of tests and trialsrun, as and if the SELLER BUILDER considers that the results of the trial run prove indicate conformity of the VESSEL DRILLSHIP to this Contract and the Specifications. The BUYER shall, within six Five (65) working days after receipt of the aforementioned records of tests and trials such notice from the SELLERBUILDER, notify the SELLER BUILDER by telex or facsimile confirmed in writing telefax of its acceptance or rejection of the VESSEL’s DRILLSHIP's conformity to this Contract and the Specifications.
(b) Should However, if the records result of tests and trials indicate that the VESSEL sea trial is unacceptable, or if the DRILLSHIP, or any part or equipment thereof, (except a defect in the BUYER'S supplies not being the responsibility of the BUILDER) does not conform to the requirements of this Contract and/or the Specifications, or the Specifications and if the SELLER agrees with BUILDER is in agreement to non- conformity as specified in the BUYER’s 'S notice of non-conformityrejection, then then, the SELLER BUILDER shall promptly take the necessary steps to correct such non-conformity and notify the BUYER promptly in writing or by telex or facsimile confirmed in writing advising the BUYER of the estimated additional time required for the necessary alterations to correct such non-conformity. Upon completion of correction of such non-conformity, new and re-test or trial run or runs as necessary will be made to prove conformity of the VESSEL to this Contract and Specifications if so found necessary by the SELLERnecessary, the Classification Society and BUILDER shall give the RepresentativesBUYER notice thereof by telefax confirmed in writing. The SELLER shall notify the BUYER of the time and place of any new trial run no less than five shall, within Five (5) working days beforehandafter receipt of such notice from the BUILDER, unless otherwise mutually agreed to. All provisions notify the BUILDER of its acceptance or rejection of the trial run shall apply to such new trial run. Notwithstanding the aforesaid, the BUYER may accept the VESSEL qualifying its acceptance by reservations regarding works or parts which have not been completed or properly installed prior to such acceptance. In the event that BUYER makes such qualified acceptance the parties will reach an agreement in writing, prior to the delivery of the VESSEL, as to how and when to remedy the items being the subject of the qualified acceptance, at the SELLER’s cost and expense, either before or after the delivery, as quickly as possible, without delaying the date of delivery and without causing the BUYER inconvenience in the operation of the VESSELDRILLSHIP.
(c) In the event that the SELLER fails to correct any non-conformity of which it has been given notice by BUYER rejects the BUYER, which non-conformity has been confirmed by the Classification SocietyDRILLSHIP, the BUYER shall indicate in detail in its notice of rejection in what aspect respect the DRILLSHIP, or any part or equipment thereof (except a defect in the BUYER'S supplies not the responsibility of the VESSEL BUILDER) does not conform to this Contract and/or the Specifications and the SELLER shall promptly correct those non-conformitiesSpecifications.
(d) In the event that the BUYER fails to give notice to notify the SELLER BUILDER by fax and/or telex telefax confirmed in writing of the VESSEL acceptance of or the rejection together with the reason therefore of the DRILLSHIP within the period as provided in the above Sub-clause paragraph (a) or (b), the BUYER shall be deemed to have accepted the VESSELtrial results and/or the DRILLSHIP, as appropriate.
(e) Any dispute between the SELLER BUILDER and the BUYER as to the conformity or non-conformity nonconformity of the VESSEL DRILLSHIP to the requirements of this Contract and/or the Specifications shall be submitted for final decision in accordance with ARTICLE Article XII hereof.
(f) The BUYER shall not be entitled to refuse acceptance of the DRILLSHIP by reason of any minor or insubstantial non-conformity with this Contract and the Specifications. For the purpose of this Sub-paragraph, a minor or insubstantial nonconformity shall mean a non-conformity that does not impair the safe or efficient operation of the DRILLSHIP and shall exclude any non-conformities affecting compliance with the rules and regulations of the Classification Society and other relevant Regulatory Bodies of the DRILLSHIP as defined in the Specifications. The BUILDER shall remain obliged to correct and/or remedy such minor or insubstantial non-conformities as soon as reasonably possible following delivery of the DRILLSHIP.
Appears in 1 contract
Samples: Contract for Construction and Sale of a Drillsip (DryShips Inc.)
