Modifications and Changes. (a) The Buyer shall have the right at any time to request reasonable modifications or changes in the Specification and/or Plans and Drawings. The Buyer shall request such modifications and/or changes in writing, giving sufficient particulars, documentation and details fully to describe the modifications and/or changes requested. (b) The Builder shall as soon as possible after receipt of the written request for modifications or changes, give the Buyer a written proposal of the consequences of implementing such modifications and/or changes. These consequences may include changes in the Contract Price, Delivery Date, capacity, draft, speed, fuel consumption, or any other provisions of this Contract. If in the Builder’s reasonable judgement, such modifications and/or changes will adversely affect the Builder’s planning or programme in relation to the Builder’s other commitments, the Builder shall notify the Buyer that it declines to give such a proposal for the requested modifications and/or changes or part thereof. (c) The Builder shall use reasonable efforts to minimize the extra costs, delay or other negative impact on the Vessel’s capacity, performance or other factors caused by the Buyer’s request. The Builder’s proposal shall be reasonable for such work. (d) On the basis of the Builder’s proposal the Buyer may elect in writing to agree to the necessary amendments to this Contract, in which case the Builder shall build the Vessel in accordance with this Contract so amended. (e) If the Buyer does not accept the Builder’s notice as provided in Clause 20(d) (Approvals) or if in the Buyer’s opinion the Builder’s proposal for modifications and/or changes under this Clause is unreasonable, the Buyer may, by giving notice to the Builder, order the Builder to proceed with the requested modifications and/or changes but the consequences of implementing such modifications and/or changes shall be decided in accordance with Clause 42 (Dispute Resolution). (f) If the Buyer elects not to continue with the request for modifications and/or changes, the Buyer shall notify the Builder accordingly. (g) If the Buyer does not respond within seven (7) running days after receipt of the Builder’s notice in Sub-clause (b), the Buyer shall be deemed to have withdrawn the request for modifications and/or changes.
Appears in 8 contracts
Samples: Shipbuilding Contract (Cadeler a/S), Shipbuilding Contract (Cadeler a/S), Shipbuilding Contract (Cadeler a/S)
