Common use of Method of Acceptance or Rejection Clause in Contracts

Method of Acceptance or Rejection. (a) Upon satisfactory completion of the trials in terms of this Article, the Buyer shall immediately thereafter confirm in writing his acceptance of such completion of the trials. In case of non-acceptance the Buyer shall indicate in writing in what respect of the trials, the Vessels or any part thereof does not conform to the Specifications. The Builder shall rectify such Non-conformity at its own expense and perform such further tests as may be deemed necessary and prove to the satisfaction of the Regulatory Body/Statutory Authority/Classification Society/the Buyer that the requirements of the Specifications are complied with. The Builder will not be entitled to any extension of the Date of Delivery or for any increase in cost of the Vessels on this account. (b) The Buyer shall not be obliged to take delivery of the Vessels if it is not fully in conformity with the specifications including its agreed amendments, or if there are any conditions or recommendations made by the Classification Society and/or Regulatory Bodies or owners authorized representative. However, if the deficiencies or the conditions/recommendations are of minor importance, and the Builder is unable to comply the same within a reasonable time, the Builder may nevertheless require the Buyer to take delivery of the Vessel, provided the Builder undertakes to make good the deficiency or fulfil the requirement within the guarantee period.

Appears in 1 contract

Sources: Shipbuilding Contract