Common use of Responsibility of BUYER Clause in Contracts

Responsibility of BUYER. (a) The BUYER shall, at its own risk, cost and expense, supply and deliver to the BUILDER all of the items to be furnished by the BUYER as specified in the SPECIFICATINS (herein called the BUYER’s Supplies) at warehouse or other storage of the Shipyard in the proper condition ready for installation in or on the VESSEL, in accordance with the time schedule designated and advised by the BUILDER to the BUYER within 60 days from signing this Contract. (b) In order to facilitate installation by the BUILDER of the BUYER’s Supplies in or on the VESSEL, the BUYER shall furnish the BUILDER with necessary specifications, plans, drawings, instruction books, manuals, test reports and certificates required by the rules and regulations of the SPECIFICATIONS . If so requested by the BUILDER, the BUYER shall, without any charge to the BUILDER, cause the representatives of the manufacturers of the BUYER’s Supplies to assist the BUILDER in installation thereof in or on the VESSEL and/or to carry out installation thereof by themselves or to make necessary adjustments at the Shipyard. (c) Any and all of the BUYER’s Supplies shall be subject to the BUILDER’s reasonable right of rejection, as and if they are found to be unsuitable or in improper condition for installation. (d) Should the BUYER fail to deliver any of the BUYER’s Supplies within the time designated, the Delivery Date shall be automatically extended for a period which actually caused the delay in the delivery of the VESSEL. (e) If delay in delivery of any of the BUYER’s Supplies exceeds thirty (30) days, then, the BUILDER shall be entitled to proceed with construction of the VESSEL without installation thereof in or on the VESSEL as hereinabove provided, and the BUYER shall accept and take delivery of the VESSEL so constructed, unless such delay is caused by Force Majeure in which case the provision Paragraph 1(d) of this Article shall apply.

Appears in 4 contracts

Samples: Construction Contract, Construction Contract (Danaos Corp), Construction Contract (Danaos Corp)

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Responsibility of BUYER. (a) The BUYER Buyer shall, at its own risk, cost and expense, supply and deliver to the BUILDER Builder all of the items (including funnel xxxx, ship name and other information necessary for the timely construction of the Vessel) to be furnished by the BUYER Buyer as specified set out in the SPECIFICATINS specifications (herein called the BUYER“Buyer’s Supplies) at warehouse or other storage of the Shipyard in the proper good condition ready for installation or use in or on the VESSELVessel, in accordance with the time schedule designated and advised by Builder to meet the BUILDER to building schedule of the BUYER within 60 days from signing this ContractVessel. (b) In order to facilitate installation or use by the BUILDER Builder of the BUYERBuyer’s Supplies in or on the VESSELVessel, the BUYER Buyer shall furnish the BUILDER Builder with necessary specifications, plans, drawings, instruction books, manuals, test reports and certificates required by the rules and regulations of the SPECIFICATIONS Builder. If Buyer, if so requested by the BUILDERBuilder, the BUYER shall, without any charge to the BUILDERBuilder, cause the representatives of the manufacturers of the BUYERBuyer’s Supplies to assist the BUILDER Builder in installation thereof in or on the VESSEL Vessel and/or to carry out installation thereof by themselves or to make necessary adjustments adjustments, tests and inspection thereof at the Shipyard. (c) Any and all of the BUYERBuyer’s Supplies shall be subject to the BUILDERBuilder’s reasonable right of rejection, as and if they are found to be unsuitable or in improper condition for installationinstallation or use. However, if so requested by Buyer, Builder may repair or adjust Buyer’s Supplies without prejudice to Builder’s other rights hereunder and without being responsible for any consequences arising therefrom. In such case, Buyer shall reimburse Builder for all costs and expenses incurred by Builder in such repair or adjustment and the Delivery Date shall be postponed for any period of delay in the construction of the Vessel caused by the making of such repair or adjustment. (d) Should the BUYER Buyer fail to deliver any of the BUYERBuyer’s Supplies within the time designateddesignated by Builder, the Delivery Date shall be automatically extended for a the period which actually caused the of such delay in delivery of Buyer’s Supplies if such delay in delivery shall affect the Vessel’s construction or the Delivery Date of the Vessel. In such event, Buyer shall be responsible for all direct losses and direct damages incurred by Builder related to the Vessel by the reason of such delay in delivery of Buyer’s Supplies and such payment shall be made upon delivery of the VESSELVessel. (e) If delay in delivery of any of the BUYERBuyer’s Supplies exceeds thirty fifteen (3015) days, then, the BUILDER then Builder shall be entitled to proceed with construction of the VESSEL Vessel without installation thereof in or on the VESSEL Vessel, without prejudice to Builder’s other rights as hereinabove provided, and the BUYER Buyer shall accept and take delivery of the VESSEL Vessel as so constructed, unless such delay is caused by Force Majeure in which case the provision Paragraph 1(d) of this Article shall apply.

Appears in 4 contracts

Samples: Shipbuilding Contract (Gener8 Maritime, Inc.), Shipbuilding Contract (Gener8 Maritime, Inc.), Shipbuilding Contract (Gener8 Maritime, Inc.)

Responsibility of BUYER. (a) The BUYER shall, at its own risk, cost and expense, supply and deliver to the BUILDER SELLER all of the items to be furnished by the BUYER as specified in the SPECIFICATINS Specifications (herein called the BUYER’s Supplies) at a warehouse or other storage facility of the Shipyard in the proper condition ready for installation in or on the VESSEL, in accordance with the time schedule designated and advised by the BUILDER to the BUYER within 60 days from signing this Contractby the SELLER. (b) In order to facilitate installation by the BUILDER SELLER of the BUYER’s Supplies in or on the VESSEL, the BUYER shall furnish the BUILDER SELLER with necessary specifications, plans, drawings, instruction books, manuals, test reports and certificates required by the rules and regulations of the SPECIFICATIONS Specifications. If so requested by the BUILDERSELLER, the BUYER shall, without any charge to the BUILDERSELLER, cause the representatives of the manufacturers of the BUYER’s Supplies to assist the BUILDER SELLER in installation thereof in or on the VESSEL and/or to carry out installation thereof by themselves or to make necessary adjustments at the Shipyard. (c) Any and all of the BUYER’s Supplies shall be subject to the BUILDERSELLER’s reasonable right of rejection, as and if they are found to be unsuitable or in improper condition for installation. However, if so requested by the BUYER, the SELLER may repair or adjust the BUYER’s Supplies without prejudice to the SELLER’s other rights hereunder and without being responsible for any consequences arising therefrom. (d) Should the BUYER fail to deliver any of the BUYER’s Supplies within the time designateddesignated by one (1) month prior notice to the BUYER by the SELLER, the Delivery Date shall be automatically extended for a period which actually caused the delay in the delivery of the VESSEL. (e) If delay in delivery of any of the BUYER’s Supplies exceeds thirty twenty (3020) days, then, then the BUILDER SELLER shall be entitled to proceed with construction of the VESSEL without installation thereof in or on the VESSEL as hereinabove provided, and the BUYER shall accept and take delivery of the VESSEL so constructed, unless such delay is caused by Force Majeure any of the events referred to in ARTICLE VIII in which case the provision Paragraph of Clause 1(d) of this Article ARTICLE XVI shall apply. (f) The SELLER shall not be liable under ARTICLE IX for any defects in the BUYER’s Supplies (if any) but the SELLER shall be liable under ARTICLE IX for any Defect(s) in respect of installation of the BUYER’s Supplies and their adaptation to the VESSEL.

Appears in 4 contracts

Samples: Ship Building Contract (Seaspan CORP), Ship Building Contract (Seaspan CORP), Ship Building Contract (Seaspan CORP)

Responsibility of BUYER. (a) The BUYER shall, at its own risk, cost and expense, supply and deliver to the BUILDER all of the items to be furnished by the BUYER as specified set out in the SPECIFICATINS SPECIFICATIONS (herein called the BUYER’s Supplies’S SUPPLIES”) at warehouse or other storage of the Shipyard SHIPYARD in the proper good condition ready for installation or use in or on the VESSELDRILLSHIP, in accordance with the time schedule designated and advised by the BUILDER to meet the BUYER within 60 days from signing this Contractbuilding schedule of the DRILLSHIP. (b) In order to facilitate installation or use by the BUILDER of the BUYER’s Supplies ’S SUPPLIES in or on the VESSELDRILLSHIP, the BUYER shall furnish the BUILDER with necessary specificationsSPECIFICATIONS, plans, drawings, instruction books, manuals, test reports and certificates required by the rules and regulations of the SPECIFICATIONS BUILDER. If BUYER, if so requested by the BUILDER, the BUYER shall, without any charge to the BUILDER, cause the representatives of the manufacturers of the BUYER’s Supplies ’S SUPPLIES to assist the BUILDER in installation thereof in or on the VESSEL DRILLSHIP and/or to carry out installation thereof by themselves or to make necessary adjustments adjustments, tests and inspection thereof at the ShipyardSHIPYARD. (c) Any and all of the BUYER’s Supplies ’S SUPPLIES shall be subject to the BUILDER’s reasonable right of rejection, as and rejection if they are found to be unsuitable or in improper condition for installationinstallation or use. However, if so requested by BUYER, BUILDER may repair or adjust BUYER’S SUPPLIES without prejudice to BUILDER’s other rights hereunder and without being responsible for any consequences arising therefrom. In such case, according to Articles V.4 and V.5, BUYER shall compensate BUILDER for all costs and expenses incurred by BUILDER in such repair or adjustment and the DELIVERY DATE shall be postponed for any period of delay in the construction of the DRILLSHIP caused by the making of such repair or adjustment. (d) Should the BUYER fail to deliver any of the BUYER’s Supplies ’S SUPPLIES within the time designateddesignated by BUILDER, the Delivery Date DELIVERY DATE shall be automatically extended for a the period which actually caused the of such delay in delivery of BUYER’S SUPPLIES if such delay in delivery shall affect the DRILLSHIP’s construction or the DELIVERY DATE of the DRILLSHIP. In such event, BUYER shall be responsible for all losses and damages incurred by BUILDER by the reason of such delay in delivery of BUYER’S SUPPLIES and such payment shall be made upon delivery of the VESSELDRILLSHIP. (e) If delay in delivery of any of the BUYER’s Supplies ’S SUPPLIES exceeds thirty fifteen (3015) days, then, then the BUILDER shall be entitled to proceed with construction of the VESSEL DRILLSHIP without installation thereof in or on the VESSEL DRILLSHIP, without prejudice to the BUILDER’s other rights as hereinabove provided, and the BUYER shall accept and take delivery of the VESSEL DRILLSHIP as so constructed, unless such delay is caused by Force Majeure in which case the provision Paragraph 1(d) of this Article shall apply.

Appears in 4 contracts

Samples: Construction Contract (Atwood Oceanics Inc), Construction Contract (Atwood Oceanics Inc), Construction Contract (Atwood Oceanics Inc)

Responsibility of BUYER. (a) The BUYER Buyer shall, at its own risk, cost and expense, supply and deliver to the BUILDER Builder all of the items to be furnished by the BUYER Buyer, as specified in the SPECIFICATINS (herein called the BUYER’s Supplies) Specifications and as defined in Article I, at warehouse or other storage facility of the Shipyard Builder in the a proper condition ready for installation in or on the VESSELVessel, in accordance with the time schedule designated and advised by the BUILDER Builder to the BUYER within 60 days from signing this ContractBuyer. (b) In order to facilitate installation by the BUILDER Builder of the BUYERBuyer’s Supplies in or on the VESSELVessel, the BUYER Buyer shall furnish the BUILDER Builder with necessary specifications, plans, drawings, instruction books, manuals, test reports and certificates required by the all applicable rules and regulations of the SPECIFICATIONS regulations. If so reasonably requested by the BUILDERBuilder, the BUYER shall, Buyer shall without any charge to the BUILDERBuilder, provided always that such installation is not Builder’s responsibility pursuant to the Specifications, cause the representatives of the manufacturers of the BUYERBuyer’s Supplies to assist the BUILDER Builder in installation thereof in or on the VESSEL Vessel and/or to carry out installation thereof by themselves or to make necessary adjustments at the ShipyardBuilder’s yard. (c) Any and all of the BUYERBuyer’s Supplies shall be subject to the BUILDERBuilder’s reasonable right of rejection, as when and if they are found to be unsuitable or in improper condition for installation. (d) Should the BUYER Buyer fail to deliver any of the BUYERBuyer’s Supplies within the time designated, the Delivery Date shall be automatically extended for a the period by which the failure actually caused the a delay in the delivery of the VESSELVessel. (e) If delay in delivery of any of the BUYERBuyer’s Supplies exceeds thirty (30) days, then, then the BUILDER Builder shall be entitled to proceed with construction of the VESSEL Vessel without installation thereof in or on the VESSEL Vessel as hereinabove provided, and the BUYER Buyer shall accept and take delivery of the VESSEL Vessel so constructed, unless such delay is caused by Force Majeure in which case the provision Paragraph Article XVI, 1(d) of this Article shall apply.

Appears in 3 contracts

Samples: Shipbuilding and Construction Agreement (Stolt Nielsen S A), Shipbuilding Contract (Petroleum Geo Services Asa), Shipbuilding Contract (Petroleum Geo Services Asa)

Responsibility of BUYER. (a) The BUYER Buyer shall, at its own risk, cost and expense, supply and deliver to the BUILDER Builder all items of equipment and supplies specified in the items to be Specifications as being furnished by the BUYER as specified in the SPECIFICATINS Buyer (herein called the BUYER“Buyer’s Supplies) at warehouse warehouses or other storage storages of the Shipyard or other places designated by the Builder in the proper condition ready for installation in or on the VESSEL, Vessel in accordance with the time schedule designated and advised by the BUILDER to the BUYER within 60 days from signing this ContractBuilder. (b) In order to facilitate installation by the BUILDER Builder of the BUYERBuyer’s Supplies in or on the VESSELVessel, the BUYER Buyer shall furnish the BUILDER Builder with necessary specifications, plans, drawings, instruction books, manuals, test reports and certificates required by the rules and regulations of the SPECIFICATIONS regulations. If The Buyer, if so requested by the BUILDERBuilder, the BUYER shall, without any charge to the BUILDERBuilder, cause the representatives representative of the manufacturers of the BUYERBuyer’s Supplies to assist the BUILDER Builder in installation thereof in or on the VESSEL Vessel and/or to carry out installation thereof by themselves or and/or to make necessary adjustments thereof at the ShipyardShipyard or other places designated by the Builder. (c) Any and all of the BUYERBuyer’s Supplies shall be subject to the BUILDERSeller’s and/or the Builder’s reasonable right of rejection, as and if they are found to be unsuitable or in improper condition for installation. (d) Should . However, if so requested by the BUYER fail Buyer, the Seller may cause the Builder to deliver any of repair or adjust the BUYERBuyer’s Supplies within without prejudice to the time designatedSeller’s and the Builder’s other rights hereunder and without being responsible for any consequences therefrom. In such case, the Buyer shall reimburse the Seller and/or the Builder for all costs and expenses incurred by the Seller and/or the Builder in such repair or adjustment and the Expected Delivery Date shall be automatically extended for a period which actually of time necessary for such repair or replacement. (d) Should the Buyer fail to deliver any of the Buyer’s Supplies within the time designated, and as a result of this delay the Builder cannot deliver the vessel on the Expected Delivery Date, the Expected Delivery Date shall be postponed by the period of the actual delay caused by the delay in the delivery of the VESSEL. (e) Buyer’s Supplies. If delay in delivery of any of the BUYERBuyer’s Supplies exceeds thirty (30) days, then, the BUILDER Seller and/or the Builder shall be entitled to proceed with construction of the VESSEL Vessel without installation thereof in or on the VESSEL as hereinabove provided, Vessel and the BUYER Buyer shall accept and take delivery of the VESSEL Vessel so constructed, unless such delay is caused by Force Majeure in which case otherwise mutually agreed upon between the provision Paragraph 1(d) of this Article shall applyparties hereto.

Appears in 2 contracts

Samples: Ship Sales Contract (Safe Bulkers, Inc.), Ship Sales Contract (Safe Bulkers, Inc.)

Responsibility of BUYER. (a) The BUYER shall, at its own risk, cost and expense, supply and deliver to the BUILDER SELLERS all of the items to be furnished by the BUYER as specified in the SPECIFICATINS Specifications (herein called the BUYER’s Supplies) at warehouse or other storage of the Shipyard in the proper condition ready for installation in or on the VESSEL, in accordance with the time schedule designated and advised by the BUILDER to the BUYER within 60 days from signing this ContractSELLERS. (b) In order to facilitate installation by the BUILDER SELLERS of the BUYER’s Supplies in or on the VESSEL, the BUYER shall furnish the BUILDER SELLERS with necessary specifications, plans, drawings, instruction books, manuals, test reports and certificates required by the rules and regulations of the SPECIFICATIONS regulations. If The BUYER, if so requested by the BUILDERSELLERS, the BUYER shall, without any charge to the BUILDERSELLERS, cause the representatives of the manufacturers of the BUYER’s Supplies to assist the BUILDER SELLERS in installation thereof in or on the VESSEL and/or to carry out installation thereof by themselves or to make necessary adjustments thereof at the Shipyard. (c) Any and all of the BUYER’s Supplies shall be subject to the BUILDER’s SELLERS’ reasonable right of rejection, as and if they are found to be unsuitable or in improper condition for installation. However, if so requested by the BUYER, the SELLERS may cause the BUILDER to repair or adjust the BUYER’s Supplies without prejudice to the SELLERS’ other rights hereunder and without being responsible for any consequences therefrom. In such case, the BUYER shall reimburse the SELLERS for all costs and expenses incurred by the SELLERS in such repair or adjustment and the Delivery Date shall be automatically postponed for a period of time necessary for such repair or replacement. (d) Should the BUYER fail to deliver any of the BUYER’s Supplies within the time designated, the Delivery Date shall be automatically extended for a period which actually caused the of such delay in delivery. In such event, the BUYER shall be responsible and pay to the SELLERS for all losses and damages incurred by the SELLERS by reason of such delay in delivery of the BUYER’s Supplies and such payment shall be made upon delivery of the VESSEL. (e) If delay in delivery of any of the BUYER’s Supplies exceeds thirty (30) days, then, the BUILDER SELLERS shall be entitled to proceed with construction of the VESSEL without installation thereof in or on the VESSEL VESSEL, without prejudice to the SELLERS’ other right as hereinabove provided, and the BUYER shall accept and take delivery of the VESSEL so constructed, unless such delay is caused by Force Majeure in which case the provision Paragraph 1(d) of this Article shall apply.

Appears in 2 contracts

Samples: Ship Sale Contract (Globus Maritime LTD), Ship Sale Contract (Globus Maritime LTD)

Responsibility of BUYER. (a) The BUYER shall, at its own risk, cost and expense, supply and deliver to the BUILDER all of the items to be furnished by the BUYER as specified in the SPECIFICATINS Specifications (herein called the BUYER’s Supplies) at warehouse or other storage of the Shipyard in the proper condition ready for installation in or on the VESSEL, in accordance with the time schedule designated and advised by the BUILDER to the BUYER within 60 days from signing this ContractBUYER. (b) In order to facilitate installation by the BUILDER of the BUYER’s Supplies in or on the VESSEL, the BUYER shall furnish furmish the BUILDER with necessary specifications, plans, drawings, instruction books, manuals, test reports and certificates required by the rules and regulations of the SPECIFICATIONS Specifications. If so requested by the BUILDER, the BUYER shall, without any charge to the BUILDER, cause the representatives of the manufacturers of the BUYER’s Supplies to assist the BUILDER in installation thereof in or on the VESSEL and/or to carry out installation thereof by themselves or to make necessary adjustments at the Shipyard. (c) Any and all of the BUYER’s Supplies shall be subject to the BUILDER’s reasonable right of rejection, as and if they are found to be unsuitable or in improper condition for installation. (d) Should the BUYER fail to deliver any of the BUYER’s Supplies within the time designated, the Delivery Date shall be automatically extended for a period period, which actually caused the delay in the delivery of the VESSEL. (e) If delay in delivery of any of the BUYER’s Supplies exceeds thirty (30) days, then, the BUILDER shall be entitled to proceed with construction of the VESSEL without installation thereof in or on the VESSEL as hereinabove provided, and the BUYER shall accept and take delivery of the VESSEL so constructed, unless such delay is caused by Force Majeure Majeure. in which case the provision Paragraph 1(dl(d) of this Article shall apply.

Appears in 2 contracts

Samples: Shipbuilding and Construction Agreement (Stolt Nielsen S A), Shipbuilding and Construction Agreement (Stolt Nielsen S A)

Responsibility of BUYER. (a) The BUYER Buyer shall, at its own risk, cost and expense, supply and deliver to the BUILDER Builder all of the items to be furnished by the BUYER Buyer, as specified in the SPECIFICATINS (herein called Specifications Chapter M and as defined in Article I, at the BUYER’s Supplies) at warehouse or other storage facility of the Shipyard Builder in the a proper condition ready for installation in or on the VESSELVessel, in accordance with the a time schedule designated and advised to be provided within sixty (60) days after Date of Contract by the BUILDER to Buyer and approved by the BUYER within 60 days from signing this ContractBuilder. (b) In order for the Builder to facilitate installation by install the BUILDER of the BUYERBuyer’s Supplies in or on the VESSELVessel (if so agreed in writing between the Parties), the BUYER Buyer shall furnish the BUILDER Builder with necessary specifications, plans, drawings, instruction books, manuals, test reports and certificates required by the all applicable rules and regulations of the SPECIFICATIONS regulations. If so reasonably requested by the BUILDERBuilder, the BUYER shall, Buyer shall without any charge to the BUILDER, Builder cause the representatives of the manufacturers of the BUYERBuyer’s Supplies to assist the BUILDER Builder in installation thereof in or on the VESSEL Vessel and/or to carry out installation thereof by themselves or to make necessary adjustments at the ShipyardBuilder’s yard, in each case provided such service is customarily rendered by such representatives. (c) Any and all of the BUYERBuyer’s Supplies shall be subject to the BUILDERBuilder’s reasonable right of rejection, as when and if they are found to be unsuitable or in improper condition for installation. (d) Should the BUYER Buyer fail to deliver any of the BUYERBuyer’s Supplies within the time designateddesignated in the approved schedule, the Delivery Date any time actually lost shall be automatically extended for a period which actually caused the delay in the delivery Permissible Delay; provided that Buyer may by notice to Builder instruct that construction proceed without installation of the VESSELsuch late item(s). (e) If delay in delivery of any of the BUYERBuyer’s Supplies exceeds thirty ten (3010) days, then, then the BUILDER Builder shall be entitled to proceed with construction of the VESSEL Vessel without installation thereof in or on the VESSEL Vessel as hereinabove provided. In such event, or in the event of Buyer instructions pursuant to clause (d), and the BUYER Buyer shall accept and take delivery of the VESSEL Vessel so constructedconstructed with any unincorporated Buyer’s Supplies that were not installed by reason of the provisions of clause (d) or this clause (e) delivered as loose items or, unless such delay is caused by Force Majeure if undelivered, separately after the Delivery Date. (f) The Builder shall permit the Buyer’s personnel and/or Buyer’s subcontractors access to the relevant part of the Vessel for the purpose of installing and commissioning of the Buyer’s Supplies in accordance with the schedule set out in (a). Any installation and commissioning of the Buyer’s Supplies which case has an impact on the provision Paragraph 1(d) of this Article Delivery Date shall applybe deemed Permissible Delay.

Appears in 2 contracts

Samples: Shipbuilding Contract (Lindblad Expeditions Holdings, Inc.), Shipbuilding Contract (Lindblad Expeditions Holdings, Inc.)

Responsibility of BUYER. (a) The BUYER shall, at its own risk, cost and expense, supply and deliver to the BUILDER all of the items to be furnished by the BUYER as specified in the SPECIFICATINS (herein called the BUYER’s Supplies) at warehouse or other storage of the Shipyard in the proper condition ready for installation in or on the VESSEL, in accordance with the time schedule designated and advised by the BUILDER to the BUYER within 60 sixty (60) days from signing this Contract. (b) In order to facilitate installation by the BUILDER of the BUYER’s Supplies in or on the VESSEL, the BUYER shall furnish the BUILDER with necessary specifications, plans, drawings, instruction books, manuals, test reports and certificates required by the rules and regulations of the SPECIFICATIONS . If so requested by the BUILDER, the BUYER shall, without any charge to the BUILDER, cause the representatives of the manufacturers of the BUYER’s Supplies to assist the BUILDER in installation thereof in or on the VESSEL and/or to carry out installation thereof by themselves or to make necessary adjustments at the Shipyard. (c) Any and all of the BUYER’s Supplies shall be subject to the BUILDER’s reasonable right of rejection, as and if they are found to be unsuitable or in improper condition for installation. (d) Should the BUYER fail to deliver any of the BUYER’s Supplies within the time designated, the Delivery Date shall be automatically extended for a period which actually caused the delay in the delivery of the VESSEL. (e) If delay in delivery of any of the BUYER’s Supplies exceeds thirty (30) days, then, the BUILDER shall be entitled to proceed with construction of the VESSEL without installation thereof in or on the VESSEL as hereinabove provided, and the BUYER shall accept and take delivery of the VESSEL so constructed, unless such delay is caused by Force Majeure in which case the provision Paragraph 1(d) of this Article shall apply.

Appears in 1 contract

Samples: Construction Contract (Danaos Corp)

Responsibility of BUYER. (a) The BUYER shall, at its own risk, cost and expense, supply and deliver to the BUILDER all of the items to be furnished by the BUYER as specified in the SPECIFICATINS Specifications (herein called the BUYER’s Supplies) at warehouse or other storage of the Shipyard in the proper condition ready for installation in or on the VESSEL, in accordance with the time schedule designated and advised by the BUILDER to the BUYER within 60 days from signing this ContractBUILDER. (b) In order to facilitate installation by the BUILDER of the BUYER’s Supplies in or on the VESSEL, the BUYER shall furnish the BUILDER with necessary specifications, plans, drawings, instruction books, manuals, test reports and certificates required by the rules and regulations of the SPECIFICATIONS regulations. If The BUYER, if so requested by the BUILDER, the BUYER shall, without any charge to the BUILDER, cause the representatives of the manufacturers of the BUYER’s Supplies to assist the BUILDER in installation thereof in or on the VESSEL and/or to carry out installation thereof by themselves or to make necessary adjustments thereof at the Shipyard. (c) Any and all of the BUYER’s Supplies shall be subject to the SELLER’s and/or the BUILDER’s reasonable right of rejection, as and if they are found to be unsuitable or in improper condition for installation. However, if so requested by the BUYER, the SELLER may cause the BUILDER to repair or adjust the BUYER’s Supplies without prejudice to the SELLER’s and the BUILDER’s other rights hereunder and without being responsible for any consequences therefrom. In such case, the BUYER shall reimburse the SELLER and/or the BUILDER for all costs and expenses incurred by the SELLER and/or the BUILDER in such repair or adjustment and the Delivery Date shall be automatically postponed for a period of time necessary for such repair or replacement. (d) Should the BUYER fail to deliver any of the BUYER’s Supplies within the time designated, the Delivery Date shall be automatically extended for a period which actually caused the of such delay in delivery. In such event, the BUYER shall be responsible and pay to the SELLER and/or the BUILDER for all losses and damages incurred by the SELLER and/or the BUILDER by reason of such delay in delivery of the BUYER’s Supplies and such payment shall be made upon delivery of the VESSEL. (e) If delay in delivery of any of the BUYER’s Supplies exceeds thirty (30) days, then, the SELLER and/or the BUILDER shall be entitled to proceed with construction of the VESSEL without installation thereof in or on the VESSEL VESSEL, without prejudice to the SELLER’s and/or the BUILDER’s other right as hereinabove provided, and the BUYER shall accept and take delivery of the VESSEL so constructed, unless such delay is caused by Force Majeure in which case the provision Paragraph 1(d) of this Article shall apply.

Appears in 1 contract

Samples: Ship Sales Contract (Scorpio Bulkers Inc.)

Responsibility of BUYER. (a) The BUYER Buyer shall, at its own risk, cost and expense, supply and deliver to the BUILDER Builder all of the items to be furnished by the BUYER Buyer, as specified in the SPECIFICATINS (herein called Specifications Chapter M and as defined in Article I, at the BUYER’s Supplies) at warehouse or other storage facility of the Shipyard Builder in the a proper condition ready for installation in or on the VESSELVessel, in accordance with the a time schedule designated and advised to be provided within sixty (60) days after Date of Contract by the BUILDER to Buyer and approved by the BUYER within 60 days from signing this ContractBuilder. (b) In order for the Builder to facilitate installation by install the BUILDER of the BUYERBuyer’s Supplies in or on the VESSELVessel (if so agreed in writing between the Parties), the BUYER Buyer shall furnish the BUILDER Builder with necessary specifications, plans, drawings, instruction books, manuals, test reports and certificates required by the all applicable rules and regulations of the SPECIFICATIONS regulations. If so reasonably requested by the BUILDERBuilder, the BUYER shall, Buyer shall without any charge to the BUILDER, Builder cause the representatives of the manufacturers of the BUYERBuyer’s Supplies to assist the BUILDER Builder in installation thereof in or on the VESSEL Vessel and/or to carry out installation thereof by themselves or to make necessary adjustments at the Builder’s Shipyard, in each case provided such service is customarily rendered by such representatives. (c) Any and all of the BUYERBuyer’s Supplies shall be subject to the BUILDERBuilder’s reasonable right of rejection, as when and if they are found to be unsuitable or in improper condition for installation. (d) Should the BUYER Buyer fail to deliver any of the BUYERBuyer’s Supplies within the time designateddesignated in the approved schedule, the Delivery Date any time actually lost shall be automatically extended for a period which actually caused the delay in the delivery Permissible Delay; provided that Buyer may by notice to Builder instruct that construction proceed without installation of the VESSELsuch late item(s). (e) If delay in delivery of any of the BUYERBuyer’s Supplies exceeds thirty ten (3010) days, then, then the BUILDER Builder shall be entitled to proceed with construction of the VESSEL Vessel without installation thereof in or on the VESSEL Vessel as hereinabove provided. In such event, or in the event of Buyer instructions pursuant to clause (d), and the BUYER Buyer shall accept and take delivery of the VESSEL Vessel so constructedconstructed with any unincorporated Buyer’s Supplies that were not installed by reason of the provisions of clause (d) or this clause (e) delivered as loose items or, unless such delay is caused by Force Majeure if undelivered, separately after the Delivery Date. (f) The Builder shall permit the Buyer’s personnel and/or Buyer’s subcontractors access to the relevant part of the Vessel for the purpose of installing and commissioning of the Buyer’s Supplies in accordance with the schedule set out in (a). Any installation and commissioning of the Buyer’s Supplies which case has an impact on the provision Paragraph 1(d) of this Article Delivery Date shall applybe deemed Permissible Delay.

Appears in 1 contract

Samples: Shipbuilding Contract (Lindblad Expeditions Holdings, Inc.)

Responsibility of BUYER. (a) The BUYER Buyer shall, at its own risk, cost and expense, supply and deliver to the BUILDER Builder all of the items to be furnished by the BUYER Buyer, as specified in the SPECIFICATINS (herein called the BUYER’s Supplies) Specifications and as defined in Article I, at warehouse or other storage facility of the Shipyard Builder in the a proper condition ready for installation in or on the VESSELVessel, in accordance with the time schedule designated and advised by the BUILDER Builder to the BUYER within 60 days from signing this ContractBuyer. (b) In order to facilitate installation by the BUILDER Builder of the BUYER’s Buyer's Supplies in or on the VESSELVessel, the BUYER Buyer shall furnish the BUILDER Builder with necessary specifications, plans, drawings, instruction books, manuals, test reports and certificates required by the all applicable rules and regulations of the SPECIFICATIONS regulations. If so reasonably requested by the BUILDERBuilder, the BUYER shall, Buyer shall without any charge to the BUILDERBuilder, provided always that such installation is not Builder's responsibility pursuant to the Specifications, cause the representatives of the manufacturers of the BUYER’s Buyer's Supplies to assist the BUILDER Builder in installation thereof in or on the VESSEL Vessel and/or to carry out installation thereof by themselves or to make necessary adjustments at the ShipyardBuilder's yard. (c) Any and all of the BUYER’s Buyer's Supplies shall be subject to the BUILDER’s Builder's reasonable right of rejection, as when and if they are found to be unsuitable or in improper condition for installation. (d) Should the BUYER Buyer fail to deliver any of the BUYER’s Buyer's Supplies within the time designated, the Delivery Date shall be automatically extended for a the period by which the failure actually caused the a delay in the delivery of the VESSELVessel. (e) If delay in delivery of any of the BUYER’s Buyer's Supplies exceeds thirty (30) days, then, then the BUILDER Builder shall be entitled to proceed with construction of the VESSEL Vessel without installation thereof in or on the VESSEL Vessel as hereinabove provided, and the BUYER Buyer shall accept and take delivery of the VESSEL Vessel so constructed, unless such delay is caused by Force Majeure in which case the provision Paragraph provisions of Article XVI, 1(d) of this Article shall apply.

Appears in 1 contract

Samples: Shipbuilding Contract (Trico Marine Services Inc)

Responsibility of BUYER. (a) The BUYER shall, at its own risk, cost and expense, supply and deliver to the BUILDER all of the items to be furnished by the BUYER as specified in the SPECIFICATINS SPECIFICATIONS (herein called the BUYER’s Supplies) at warehouse or other storage of the Shipyard in the proper condition ready for installation in or on the VESSEL, in accordance with the time schedule designated and advised by the BUILDER to the BUYER within 60 days from signing this Contract. (b) In order to facilitate installation by the BUILDER of the BUYER’s Supplies in or on the VESSEL, the BUYER shall furnish the BUILDER with necessary specifications, plans, drawings, instruction books, manuals, test reports and certificates required by the rules and regulations of the SPECIFICATIONS . If so requested by the BUILDER, the BUYER shall, without any charge to the BUILDER, cause the representatives of the manufacturers of the BUYER’s Supplies to assist the BUILDER in installation thereof in or on the VESSEL and/or to carry out installation thereof by themselves or to make necessary adjustments at the Shipyard. (c) Any and all of the BUYER’s Supplies shall be subject to the BUILDER’s reasonable right of rejection, as and if they are found to be unsuitable or in improper condition for installation. (d) Should the BUYER fail to deliver any of the BUYER’s Supplies within the time designated, the Delivery Date shall be automatically extended for a period which actually caused the delay in the delivery of the VESSEL. (e) If delay in delivery of any of the BUYER’s Supplies exceeds thirty (30) days, then, the BUILDER shall be entitled to proceed with construction of the VESSEL without installation thereof in or on the VESSEL as hereinabove provided, and the BUYER shall accept and take delivery of the VESSEL so constructed, unless such delay is caused by Force Majeure in which case the provision Paragraph 1(d) of this Article shall apply.

Appears in 1 contract

Samples: Construction Contract (Danaos Corp)

Responsibility of BUYER. (a) The BUYER shall, at its own risk, cost and expense, supply and deliver to the BUILDER all of the items to be furnished by the BUYER as specified in the SPECIFICATINS Specifications (herein called the BUYER’s Supplies) at a warehouse or other storage facility of the Shipyard in the proper condition ready for installation in or on the VESSEL, in accordance with the time schedule designated and advised by the BUILDER to the BUYER within 60 days from signing this Contractby the BUILDER. (b) In order to facilitate installation by the BUILDER of the BUYER’s Supplies in or on the VESSEL, the BUYER shall furnish the BUILDER with necessary specifications, plans, drawings, instruction books, manuals, test reports and certificates required by the rules and regulations of the SPECIFICATIONS Specifications. If so requested by the BUILDER, the BUYER shall, without any charge to the BUILDER, cause the representatives of the manufacturers of the BUYER’s Supplies to assist the BUILDER in installation thereof in or on the VESSEL and/or to carry out installation thereof by themselves or to make necessary adjustments at the Shipyard. (c) Any and all of the BUYER’s Supplies shall be subject to the BUILDER’s reasonable right of rejection, as and if they are found to be unsuitable or in improper condition for installation. However, if so requested by the BUYER, the BUILDER may repair or adjust the BUYER’s Supplies without prejudice to the BUILDER’s other rights hereunder and without being responsible for any consequences arising therefrom. (d) Should the BUYER fail to deliver any of the BUYER’s Supplies within the time designateddesignated by three (3) months prior notice to the BUYER, the Delivery Date shall be automatically extended for a period which actually caused the delay in the delivery of the VESSEL. (e) If delay in delivery of any of the BUYER’s Supplies exceeds thirty (30) days, then, then the BUILDER shall be entitled to proceed with construction of the VESSEL without installation thereof in or on the VESSEL as hereinabove provided, and the BUYER shall accept and take delivery of the VESSEL so constructed, unless such delay is caused by Force Majeure in which case the provision Paragraph of Clause 1(d) of this Article shall apply. (f) The BUILDER shall not be liable under Article IX for any defects in the BUYER’s Supplies (if any) but the BUILDER shall be liable under Article IX for any Defect(s) in respect of installation of the BUYER’s Supplies and their adaptation to the VESSEL.

Appears in 1 contract

Samples: Ship Building Contract (Danaos Corp)

Responsibility of BUYER. (a) The BUYER shall, at its own risk, cost and expense, supply and deliver to the BUILDER all of the items to be furnished by the BUYER as specified in the SPECIFICATINS Specifications (herein called the BUYER’s Supplies) at warehouse or other storage of the Shipyard in the complete, proper condition ready for installation in or on the VESSELDRILLSHIP, in accordance with the time schedule designated and advised by the BUILDER to the BUYER within 60 days from signing this ContractBUYER. (b) In order to facilitate installation by the BUILDER of the BUYER’s ’S Supplies in or on the VESSELDRILLSHIP, the BUYER shall furnish the BUILDER with necessary specifications, plans, drawings, instruction books, manuals, test reports and certificates required by the rules and regulations of the SPECIFICATIONS Specifications. If so requested by the BUILDER, the BUYER shallBUYER, without any charge to the BUILDER, shall cause the representatives of the manufacturers of the BUYER’s Supplies to assist advise the BUILDER in installation thereof in or on the VESSEL and/or to carry out installation thereof by themselves or to make necessary adjustments at the ShipyardDRILLSHIP. (c) Any and all of the BUYER’s Supplies shall be subject to the BUILDER’s reasonable right of rejection, as and if they are found to be unsuitable or in improper condition for installation. (d) A delivery Schedule of the BUYER’s Supplies, if any of such have effect on the BUILDER’s construction of the DRILLSHIP, shall be finalized and settled within one hundred and fifty (150) calendar days from the date of the Contract signing. Should the BUYER fail to deliver any of the BUYER’s Supplies within the time designated, the Delivery Date shall be automatically extended for a period which that actually caused the delay in the delivery of the VESSELDRILLSHIP. (e) If delay in delivery of any of the BUYER’s Supplies Supplies, having effect on the BUILDER’s construction of the DRILLSHIP, exceeds thirty (30) days, then, the BUILDER shall be entitled to proceed with construction of the VESSEL DRILLSHIP without installation thereof in or on the VESSEL DRILLSHIP as hereinabove provided, and the BUYER shall accept and take delivery of the VESSEL DRILLSHIP so constructed, unless such delay is caused by Force Majeure in which case the provision Paragraph 1(d) of this Article shall apply.

Appears in 1 contract

Samples: Construction Contract (DryShips Inc.)

Responsibility of BUYER. (a) The BUYER Buyer shall, at its own risk, cost and expense, supply and deliver to the BUILDER Builder all of the items to be furnished by the BUYER Buyer as specified in the SPECIFICATINS Specifications (herein called the BUYER“Buyer’s Supplies) at warehouse or other storage of the Shipyard in the proper condition Shipyard, ready for installation in or on the VESSELVessel, in accordance with the time schedule designated by Builder. Builder shall assist Buyer in obtaining export licenses, customs’ clearance, the payment of import duties and advised by obtaining transportation from the BUILDER port of import of Buyer’s Supplies to the BUYER within 60 days from signing this ContractShipyard. (b) In order to facilitate installation by the BUILDER Builder of the BUYERBuyer’s Supplies in or on the VESSELVessel, the BUYER Buyer shall furnish the BUILDER Builder with necessary specifications, plans, drawings, instruction books, manuals, test reports and certificates required by the applicable rules and regulations of the SPECIFICATIONS regulations. If Buyer, if so requested by the BUILDERBuilder, the BUYER shall, without any charge to the BUILDERBuilder, use all reasonable endeavours to cause the representatives of the manufacturers of the BUYERBuyer’s Supplies to assist the BUILDER Builder in installation thereof in or on the VESSEL Vessel and/or to carry out installation thereof by themselves or to make necessary adjustments adjustment thereof at the Shipyard. (c) Any and all of the BUYERBuyer’s Supplies shall be subject to the BUILDERBuilder’s reasonable right of rejection, as and if they are found to be unsuitable or in improper condition for installation. However, if so requested by Buyer, Builder may repair or adjust Buyer’s Supplies without prejudice to Builder’s other rights hereunder. In such case, Buyer shall reimburse Builder for all documented costs and expenses reasonably incurred by Builder in such repair or adjustment and the Initial Acceptance Date and/or the Final Delivery Date shall be postponed for such period of time by which construction of the Vessel is unavoidably delayed in consequence thereof. (d) Should the BUYER Buyer fail to deliver any of the BUYERBuyer’s Supplies within fourteen (14) days of the time designated, the Initial Acceptance Date and/or the Final Delivery Date shall be automatically extended for a such period of time by which actually caused the delay in the delivery of the VESSEL. (e) If delay in delivery of any of the BUYER’s Supplies exceeds thirty (30) days, then, the BUILDER shall be entitled to proceed with construction of the VESSEL without installation thereof Vessel is unavoidably delayed in or on the VESSEL as hereinabove provided, and the BUYER shall accept and take delivery of the VESSEL so constructed, unless such delay is caused by Force Majeure in which case the provision Paragraph 1(d) of this Article shall applyconsequence thereof.

Appears in 1 contract

Samples: Shipbuilding Contract (Teekay LNG Finance Corp.)

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Responsibility of BUYER. (a) The BUYER Buyer shall, at its own risk, cost and expense, supply and deliver to the BUILDER Builder all of the items (including funnel xxxx, ship name and other information necessary for the timely construction of the Vessel) to be furnished by the BUYER Buyer as specified set out in the SPECIFICATINS specifications (herein called the BUYER“Buyer’s Supplies) at warehouse or other storage of the Shipyard in the proper good condition ready for installation or use in or on the VESSELVessel, in accordance with the time schedule designated and advised by Builder to meet the BUILDER to building schedule of the BUYER within 60 days from signing this ContractVessel. (b) In order to facilitate installation or use by the BUILDER Builder of the BUYERBuyer’s Supplies in or on the VESSELVessel, the BUYER Buyer shall furnish the BUILDER Builder with necessary specifications, plans, drawings, instruction books, manuals, test reports and certificates required by the rules and regulations of the SPECIFICATIONS Builder. If Buyer, if so requested by the BUILDERBuilder, the BUYER shall, without any charge to the BUILDERBuilder, cause the representatives of the manufacturers of the BUYERBuyer’s Supplies to assist the BUILDER Builder in installation thereof in or on the VESSEL Vessel and/or to carry out installation thereof by themselves or to make necessary adjustments adjustments, tests and inspection thereof at the Shipyard. (c) Any and all of the BUYERBuyer’s Supplies shall be subject to the BUILDERBuilder’s reasonable right of rejection, as and if they are found to be unsuitable or in improper condition for installationinstallation or use. However, if so requested by Buyer, Builder may repair or adjust Buyer’s Supplies without prejudice to Builder’s other rights hereunder and without being responsible for any consequences arising therefrom. In such case, Buyer shall reimburse Builder for all costs and expenses incurred by Builder in such repair or adjustment and the Delivery Date shall be postponed for any period of delay in the construction of the Vessel caused by the making of such repair or adjustment. (d) Should the BUYER Buyer fail to deliver any of the BUYERBuyer’s Supplies within the time designateddesignated by Builder, the Delivery Date shall be automatically extended for a the period which actually caused the of such delay in delivery of Buyer’s Supplies if such delay in delivery shall affect the Vessel’s construction or the Delivery Date of the Vessel. In such event, Buyer shall be responsible for all losses and damages incurred by Builder by the reason of such delay in delivery of Buyer’s Supplies and such payment shall be made upon delivery of the VESSELVessel. (e) If delay in delivery of any of the BUYERBuyer’s Supplies exceeds thirty Fifteen (3015) days, then, the BUILDER then Builder shall be entitled to proceed with construction of the VESSEL Vessel without installation thereof in or on the VESSEL Vessel, without prejudice to Builder’s other rights as hereinabove provided, and the BUYER Buyer shall accept and take delivery of the VESSEL Vessel as so constructed, unless such delay is caused by Force Majeure in which case the provision Paragraph 1(d) of this Article shall apply.

Appears in 1 contract

Samples: Shipbuilding Contract (Scorpio Bulkers Inc.)

Responsibility of BUYER. (a) The BUYER Buyer shall, at its own risk, cost and expense, supply and deliver to the BUILDER Builder all of the items (including, funnel xxxx, ship name and other information necessary for the timely construction of the Vessel) to be furnished by the BUYER Buyer as specified set out in the SPECIFICATINS specifications (herein called the BUYER“Buyer’s Supplies) at warehouse or other storage of the Shipyard in the proper good condition ready for installation or use in or on the VESSELVessel, in accordance with the time schedule designated and advised by Builder to meet the BUILDER to building schedule of the BUYER within 60 days from signing this ContractVessel. (b) In order to facilitate installation or use by the BUILDER Builder of the BUYERBuyer’s Supplies in or on the VESSELVessel, the BUYER Buyer shall furnish the BUILDER Builder with necessary specifications, plans, drawings, instruction books, manuals, test reports and certificates required by the rules and regulations of the SPECIFICATIONS Builder. If Buyer, if so requested by the BUILDERBuilder, the BUYER shall, without any charge to the BUILDERBuilder, cause the representatives of the manufacturers of the BUYERBuyer’s Supplies to assist the BUILDER Builder in installation thereof in or on the VESSEL Vessel and/or to carry out installation thereof by themselves or to make necessary adjustments adjustments, tests and inspection thereof at the Shipyard. (c) Any and all of the BUYERBuyer’s Supplies shall be subject to the BUILDERBuilder’s reasonable right of rejection, as and if they are found to be unsuitable or in improper condition for installationinstallation or use. However, if so requested by Buyer, Builder may repair or adjust Buyer’s Supplies without prejudice to Builder’s other rights hereunder and without being responsible for any consequences arising therefrom. In such case, Buyer shall reimburse Builder for all costs and expenses incurred by Builder in such repair or adjustment and the Delivery Date shall be postponed for any period of delay in the construction of the Vessel caused by the making of such repair or adjustment. (d) Should the BUYER Buyer fail to deliver any of the BUYERBuyer’s Supplies within the time designateddesignated by Builder, the Delivery Date shall be automatically extended for a the period which actually caused the of such delay in delivery of Buyer’s Supplies if such delay in delivery shall affect the Vessel’s construction or the Delivery Date of the Vessel. In such event, Buyer shall be responsible for all direct losses and direct damages incurred by Builder related to the Vessel by the reason of such delay in delivery of Buyer’s Supplies and such payment shall be made upon delivery of the VESSELVessel. (e) If delay in delivery of any of the BUYERBuyer’s Supplies exceeds thirty fifteen (3015) days, then, the BUILDER then Builder shall be entitled to proceed with construction of the VESSEL Vessel without installation thereof in or on the VESSEL Vessel, without prejudice to Builder’s other rights as hereinabove provided, and the BUYER Buyer shall accept and take delivery of the VESSEL Vessel as so constructed, unless such delay is caused by Force Majeure in which case the provision Paragraph 1(d) of this Article shall apply.

Appears in 1 contract

Samples: Shipbuilding Contract (Gener8 Maritime, Inc.)

Responsibility of BUYER. (a) The BUYER shall, at its own risk, cost and expense, supply and deliver to the BUILDER all of the items to be furnished by the BUYER as specified in the SPECIFICATINS Specifications (herein called the BUYER’s 'S Supplies) at warehouse or other storage of the Shipyard in the complete, proper condition ready for installation in or on the VESSELDRILLSHIP, in accordance with the time schedule designated and advised by the BUILDER to the BUYER within 60 days from signing this ContractBUYER. (b) In order to facilitate installation by the BUILDER of the BUYER’s 's Supplies in or on the VESSELDRILLSHIP, the BUYER shall furnish the BUILDER with necessary specifications, plans, drawings, instruction books, manuals, test reports and certificates required by the rules and regulations of the SPECIFICATIONS Specifications. If so requested by the BUILDER, the BUYER shallBUYER, without any charge to the BUILDER, shall cause the representatives of the manufacturers of the BUYER’s 'S Supplies to assist advise the BUILDER in installation thereof in or on the VESSEL and/or to carry out installation thereof by themselves or to make necessary adjustments at the ShipyardDRILLSHIP. (c) Any and all of the BUYER’s 'S Supplies shall be subject to the BUILDER’s 'S reasonable right of rejection, as and if they are found to be unsuitable or in improper condition for installation. (d) A delivery Schedule of the BUYER'S Supplies, if any of such have effect on the BUILDER'S construction of the DRILLSHIP, shall be finalized and settled within one hundred and eighty (180) calendar days from the date of the Contract signing. Should the BUYER fail to deliver any of the BUYER’s 's Supplies within the time designated, the Delivery Date shall be automatically extended for a period which that actually caused the delay in the delivery of the VESSELDRILLSHIP. (e) If delay in delivery of any of the BUYER’s Supplies 'S Supplies, having effect on the BUILDER'S construction of the DRILLSHIP, exceeds thirty (30) days, then, the BUILDER shall be entitled to proceed with construction of the VESSEL DRILLSHIP without installation thereof in or on the VESSEL DRILLSHIP as hereinabove provided, and the BUYER shall accept and take delivery of the VESSEL DRILLSHIP so constructed, unless such delay is caused by Force Majeure in which case the provision Paragraph 1(dl(d) of this Article shall apply.

Appears in 1 contract

Samples: Contract for Construction and Sale of a Drillsip (DryShips Inc.)

Responsibility of BUYER. (a) The BUYER shall, at its own risk, cost and expense, supply and deliver to the BUILDER all of the items to be furnished by the BUYER as specified in the SPECIFICATINS Specifications (herein called the BUYER’s Supplies) at warehouse or other storage of the Shipyard in the complete, proper condition ready for installation in or on the VESSELDRILLSHIP, in accordance with the time schedule designated and advised by the BUILDER to the BUYER within 60 days from signing this ContractBUYER. (b) In order to facilitate installation by the BUILDER of the BUYER’s Supplies in or on the VESSELDRILLSHIP, the BUYER shall furnish the BUILDER with necessary specifications, plans, drawings, instruction books, manuals, test reports and certificates required by the rules and regulations of the SPECIFICATIONS Specifications. If so requested by the BUILDER, the BUYER shallBUYER, without any charge to the BUILDER, shall cause the representatives of the manufacturers of the BUYER’s Supplies to assist advise the BUILDER in installation thereof in or on the VESSEL and/or to carry out installation thereof by themselves or to make necessary adjustments at the ShipyardDRILLSHIP. (c) Any and all of the BUYER’s Supplies shall be subject to the BUILDER’s reasonable right of rejection, as and if they are found to be unsuitable or in improper condition for installation. (d) A delivery Schedule of the BUYER’s Supplies, if any of such have effect on the BUILDER’s construction of the DRILLSHIP, shall be finalized and settled within one hundred and fifty (150) calendar days from the date of the Contract signing. Should the BUYER fail to deliver any of the BUYER’s Supplies within the time designated, the Delivery Date shall be automatically extended for a period which that actually caused the delay in the delivery of the VESSELDRILLSHIP. (e) If delay in delivery of any of the BUYER’s Supplies Supplies, having effect on the BUILDER’s construction of the DRILLSHIP, exceeds thirty (30) days, then, the BUILDER shall be entitled to proceed with construction of the VESSEL DRILLSHIP without installation thereof in or on the VESSEL DRILLSHIP as hereinabove provided, and the BUYER shall accept and take delivery of the VESSEL DRILLSHIP so constructed, unless such delay is caused by Force Majeure in which case the provision Paragraph 1(d) of this Article shall apply.

Appears in 1 contract

Samples: Construction Contract (DryShips Inc.)

Responsibility of BUYER. (a) The BUYER shall, at its own risk, cost and expenseexpenses, supply and deliver to the BUILDER all of the items to be furnished by the BUYER as specified in the SPECIFICATINS Specifications (herein hereinafter called the BUYER’s Supplies) at warehouse or other storage of the Shipyard SHIPYARD in the proper condition ready for installation in or on the VESSEL, in accordance with the time schedule designated and advised by the BUILDER to the BUYER within 60 days from signing this ContractBUILDER. (b) In order to facilitate installation by the BUILDER of the BUYER’s Supplies in or on the VESSEL, the BUYER shall furnish the BUILDER with necessary specifications, plans, drawings, instruction books, manuals, test reports and certificates required by the rules and regulations of the SPECIFICATIONS regulations. If The BUYER, if so requested by the BUILDER, the BUYER shall, without any charge to the BUILDER, cause the representatives of the manufacturers of the BUYER’s Supplies to assist the BUILDER in installation thereof in or on the VESSEL and/or to carry out installation thereof by themselves or to make necessary adjustments thereof at the ShipyardSHIPYARD. (c) Any and all of the BUYER’s Supplies shall be subject to the BUILDER’s reasonable right of rejection, as and if they are found to be unsuitable or in improper condition for installation. However, if so requested by the BUYER, the BUILDER may repair or adjust the BUYER’s Supplies without prejudice to the BUILDER’s other rights hereunder and without being responsible for any consequences therefrom. In such case, the BUYER shall reimburse the BUILDER for all costs and expenses incurred by the BUILDER in such repair or adjustment and the Delivery Date shall be automatically postponed for a period of time necessary for such repair or replacement. (d) Should the BUYER fail to deliver any of the BUYER’s Supplies within the time designated, the Delivery Date shall be automatically extended for a period which actually caused the of such delay in delivery. In such event, the BUYER shall be responsible and pay to the BUILDER for all losses and damages incurred by the BUILDER by reason of such delay in delivery of the BUYER’s Supplies and such payment shall be made upon delivery of the VESSEL. (e) . If delay in delivery of any of the BUYER’s Supplies exceeds thirty (30) days, then, the BUILDER shall be entitled to proceed with construction of the VESSEL without installation thereof in or on the VESSEL VESSEL, without prejudice to the BUILDER’s other rights as hereinabove herein above provided, and the BUYER shall accept and take delivery of the VESSEL so constructed, unless such delay is caused by Force Majeure in which case the provision Paragraph 1(d) of this Article shall apply.

Appears in 1 contract

Samples: Shipbuilding Contract (Scorpio Bulkers Inc.)

Responsibility of BUYER. (a) The BUYER shall, at its own risk, cost and expense, supply and deliver to the BUILDER all of the items to be furnished by the BUYER as specified in the SPECIFICATINS Specifications (herein called the BUYER’s 'S Supplies) at warehouse or other storage of the Shipyard in the complete, proper condition ready for installation in or on the VESSELDRILLSHIP, in accordance with the time schedule designated and advised by the BUILDER to the BUYER within 60 days from signing this ContractBUYER. (b) In order to facilitate installation by the BUILDER of the BUYER’s 'S Supplies in or on the VESSELDRILLSHIP, the BUYER shall furnish the BUILDER with necessary specifications, plans, drawings, instruction books, manuals, test reports and certificates required by the rules and regulations of the SPECIFICATIONS Specifications. If so requested by the BUILDER, the BUYER shallBUYER, without any charge to the BUILDER, shall cause the representatives of the manufacturers of the BUYER’s 'S Supplies to assist advise the BUILDER in installation thereof in or on the VESSEL and/or to carry out installation thereof by themselves or to make necessary adjustments at the ShipyardDRILLSHIP. (c) Any and all of the BUYER’s 'S Supplies shall be subject to the BUILDER’s 'S reasonable right of rejection, as and if they are found to be unsuitable or in improper condition for installation. (d) A delivery Schedule of the BUYER'S Supplies, if any of such have effect on the BUILDER'S construction of the DRILLSHIP, shall be finalized and settled within one hundred and fifty (150) calendar days from the date of the Contract signing. Should the BUYER fail to deliver any of the BUYER’s 'S Supplies within the time designated, the Delivery Date shall be automatically extended for a period which that actually caused the delay in the delivery of the VESSELDRILLSHIP. (e) If delay in delivery of any of the BUYER’s Supplies 'S Supplies, having effect on the BUILDER'S construction of the DRILLSHIP, exceeds thirty (30) days, then, the BUILDER shall be entitled to proceed with construction of the VESSEL DRILLSHIP without installation thereof in or on the VESSEL DRILLSHIP as hereinabove provided, and the BUYER shall accept and take delivery of the VESSEL DRILLSHIP so constructed, unless such delay is caused by Force Majeure in which case the provision Paragraph 1(d) of this Article shall apply.

Appears in 1 contract

Samples: Construction Contract (DryShips Inc.)

Responsibility of BUYER. (a) The BUYER shall, at its own risk, cost and expense, supply and deliver to the BUILDER all of the items to be furnished by the BUYER as specified in the SPECIFICATINS SPECIFICATIONS (herein called the BUYER’s Supplies) at warehouse or other storage of the Shipyard in the proper condition ready for installation in or on the VESSEL, in accordance with the time schedule designated and advised by the BUILDER to the BUYER within 60 sixty (60) days from signing this Contract. (b) In order to facilitate installation by the BUILDER of the BUYER’s Supplies in or on the VESSEL, the BUYER shall furnish the BUILDER with necessary specifications, plans, drawings, instruction books, manuals, test reports and certificates required by the rules and regulations of the SPECIFICATIONS SPECIFICATIONS. If so requested by the BUILDER, the BUYER shall, without any charge to the BUILDER, cause the representatives of the manufacturers of the BUYER’s Supplies to assist the BUILDER in installation thereof in or on the VESSEL and/or to carry out installation thereof by themselves or to make necessary adjustments at the Shipyard. (c) Any and all of the BUYER’s Supplies shall be subject to the BUILDER’s reasonable right of rejection, as and if they are found to be unsuitable or in improper condition for installation. (d) Should the BUYER fail to deliver any of the BUYER’s Supplies within the time designated, the Delivery Date shall be automatically extended for a period which actually caused the delay in the delivery of the VESSEL. (e) If delay in delivery of any of the BUYER’s Supplies exceeds thirty (30) days, then, the BUILDER shall be entitled to proceed with construction of the VESSEL without installation thereof in or on the VESSEL as hereinabove provided, and the BUYER shall accept and take delivery of the VESSEL so constructed, unless such delay is caused by Force Majeure in which case the provision Paragraph 1(d) of this Article shall apply.

Appears in 1 contract

Samples: Construction Contract (Danaos Corp)

Responsibility of BUYER. (a) The BUYER 1. Buyer shall, at its own risk, cost and expense, supply and deliver to the BUILDER Builder all of the items to be furnished by the BUYER Buyer as specified in the SPECIFICATINS Specifications (herein called the BUYER“Buyer’s Supplies) at a warehouse or other storage facility of the Shipyard in the proper condition ready for installation in or on the VESSELVessel, in accordance with the time schedule designated and advised by the BUILDER to the BUYER within 60 days from signing this ContractBuilder. (b) 2. In order to facilitate installation by the BUILDER Builder of the BUYERBuyer’s Supplies in or on the VESSELVessel, the BUYER Buyer shall furnish the BUILDER Builder with necessary specifications, plans, drawings, instruction books, manuals, test reports and certificates required by the rules and regulations of the SPECIFICATIONS for their installation. If Buyer, if so requested by the BUILDERBuilder, the BUYER shall, without any charge to the BUILDERBuilder, cause the representatives of the manufacturers of the BUYERBuyer’s Supplies to assist Builder in the BUILDER in installation thereof in or on the VESSEL Vessel and/or to carry out installation thereof by themselves or to make necessary adjustments thereof at the Shipyard. (c) 3. Any and all of the BUYERBuyer’s Supplies shall be subject to the BUILDERBuilder’s reasonable right of rejection, as and if they are found to be unsuitable or in improper condition for installation. However, if so requested by the Buyer, Builder may repair or adjust Buyer’s Supplies without prejudice to Builder’s other rights hereunder and without being responsible for any consequences therefrom. In such case, Buyer shall reimburse Builder for all costs and expenses incurred by Builder in such repair or adjustment and the Delivery Date shall be automatically postponed for a period of time necessary for such repair or replacement. (d) 4. Should the BUYER Buyer fail to deliver any of the BUYERBuyer’s Supplies within the time designated, the Delivery Date shall be automatically extended for a period which actually caused the of such delay in the delivery. In such event, Buyer shall be responsible for and pay to Builder all losses and damages incurred by Builder by reason of such delay in delivery of Buyer’s Supplies and such payment shall be made upon delivery of the VESSEL. (e) Vessel. If delay in delivery of any of the BUYERBuyer’s Supplies exceeds thirty (30) days, then, the BUILDER then Builder shall be entitled to proceed with construction of the VESSEL Vessel without installation thereof in or on the VESSEL Vessel, without prejudice to Builder’s other rights as hereinabove provided, and the BUYER Buyer shall accept and take delivery of the VESSEL Vessel so constructed, unless such delay is caused by Force Majeure in which case the provision Paragraph 1(d) of this Article shall apply.

Appears in 1 contract

Samples: Contract for the Construction and Sale of a Vessel (Trico Marine Services Inc)

Responsibility of BUYER. (a) The BUYER shall, at its own risk, cost and expense, supply and deliver to the BUILDER all of the items to be furnished by the BUYER as specified in the SPECIFICATINS Specifications (herein called the BUYER’s 'S Supplies) at warehouse or other storage of the Shipyard in the complete, proper condition ready for installation in or on the VESSELDRILLSHIP, in accordance with the time schedule designated and advised by the BUILDER to the BUYER within 60 days from signing this ContractBUYER. (b) In order to facilitate installation by the BUILDER of the BUYER’s 's Supplies in or on the VESSELDRILLSHIP, the BUYER shall furnish the BUILDER with necessary specifications, plans, drawings, instruction books, manuals, test reports and certificates required by the rules and regulations of the SPECIFICATIONS Specifications. If so requested by the BUILDER, the BUYER shallBUYER, without any charge to the BUILDER, shall cause the representatives of the manufacturers of the BUYER’s 's Supplies to assist advise the BUILDER in installation thereof in or on the VESSEL and/or to carry out installation thereof by themselves or to make necessary adjustments at the ShipyardDRILLSHIP. (c) Any and all of the BUYER’s 's Supplies shall be subject to the BUILDER’s 'S reasonable right of rejection, as and if they are found to be unsuitable or in improper condition for installation. (d) A delivery Schedule of the BUYER's Supplies, if any of such have effect on the BUILDER's construction of the DRILLSHIP, shall be finalized and settled within one hundred and fifty (150) calendar days from the date of the Contract signing. Should the BUYER fail to deliver any of the BUYER’s 's Supplies within the time designated, the Delivery Date shall be automatically extended for a period which that actually caused the delay in the delivery of the VESSELDRILLSHIP. (e) If delay in delivery of any of the BUYER’s Supplies 's Supplies, having effect on the BUILDER's construction of the DRILLSHIP, exceeds thirty (30) days, then, the BUILDER shall be entitled to proceed with construction of the VESSEL DRILLSHIP without installation thereof in or on the VESSEL DRILLSHIP as hereinabove provided, and the BUYER shall accept and take delivery of the VESSEL DRILLSHIP so constructed, unless such delay is caused by Force Majeure in which case the provision Paragraph 1(dl(d) of this Article shall apply.

Appears in 1 contract

Samples: Construction Contract (DryShips Inc.)

Responsibility of BUYER. Subject to clause 8.3, and provided that Completion or, where applicable, an Unwind Trigger has occurred, the Buyer will: (a) The BUYER shall, at its own risk, cost and expense, supply and deliver be liable to the BUILDER Seller for all of Losses and Liabilities (including legal costs on a solicitor client basis) whatsoever which the items to be furnished by the BUYER as specified in the SPECIFICATINS (herein called the BUYER’s Supplies) at warehouse Seller may suffer, sustain, pay or other storage of the Shipyard in the proper condition ready for installation in or on the VESSEL, in accordance with the time schedule designated and advised by the BUILDER to the BUYER within 60 days from signing this Contract.incur; and (b) In order to facilitate installation indemnify and save the Seller and its directors, officers, consultants and employees harmless from and against all Losses and Liabilities whatsoever which may be brought against or suffered by the BUILDER Seller, its directors, officers, servants, agents, consultants or employees or which they may sustain, pay or incur, as a direct result of the BUYER’s Supplies in any matter or on the VESSELthing arising out of, the BUYER shall furnish the BUILDER with necessary specificationsresulting from, plans, drawings, instruction books, manuals, test reports and certificates required by the rules and regulations of the SPECIFICATIONS . If so requested by the BUILDER, the BUYER shall, without any charge attributable to the BUILDER, cause the representatives of the manufacturers of the BUYER’s Supplies to assist the BUILDER in installation thereof in or on the VESSEL and/or to carry out installation thereof by themselves or to make necessary adjustments at the Shipyard.connected with: (c) Any the Sale Interest and/or the Option Interest (if the Option is exercised) and all of the BUYER’s Supplies shall be subject occurring subsequent to the BUILDER’s reasonable right of rejection, as and if they are found to be unsuitable or in improper condition for installation.Completion Date; or (d) Should a breach of a Buyer’s Warranty, except any Losses and Liabilities to the BUYER fail to deliver any extent that the same either are reimbursed (or reimbursable) by insurance maintained by the Seller, are caused by the breach of a Seller’s Warranty, are caused by the gross negligence or wilful misconduct of the BUYERSeller, its directors, officers, servants, agents, consultants, employees or assigns, or that result from the Seller's breach of any covenants or other obligations hereunder. Nothing in this clause operates either to limit any Seller’s Supplies within Warranty or to affect the time designatedBuyer's right to make a claim against the Seller for the breach of a Seller’s Warranty. Further, the Delivery Date shall be automatically extended for a period which actually caused the delay in the delivery responsibility of the VESSEL. (e) If delay in delivery Buyer prescribed by this clause does not provide an extension of any Buyer’s Warranty. The liability of the BUYER’s Supplies exceeds thirty (30) days, then, the BUILDER shall be entitled to proceed with construction of the VESSEL without installation thereof in or on the VESSEL as hereinabove provided, Buyer and the BUYER shall accept and take delivery of indemnity hereby granted by the VESSEL so constructed, unless such delay is caused by Force Majeure in which case Buyer to the provision Paragraph 1(d) of this Article shall applySeller applies only with respect to claims notified within 18 months following the Completion Date.

Appears in 1 contract

Samples: Agreement to Sell and Purchase

Responsibility of BUYER. (a) The BUYER shall, at its own risk, cost and expense, supply and deliver to the BUILDER all of the items to be furnished by the BUYER as specified in 3:01 General Part of the SPECIFICATINS SPECIFICATIONS (herein hereinafter called the BUYER’s Supplies’S SUPPLIES”) at warehouse or other storage of the Shipyard SHIPYARD or, if the SELLER and/or the BUILDER so requests, at premises of the BUILDER’s subcontractor in the proper condition ready for installation in or on the VESSEL, in accordance with the time schedule designated and advised by the BUILDER to SELLER and/or the BUYER within 60 days from signing this ContractBUILDER. (b) In order to facilitate installation by the BUILDER of the BUYER’s Supplies ’S SUPPLIES in or on the VESSEL, the BUYER shall furnish the SELLER and/or the BUILDER with necessary specifications, plans, drawings, instruction books, manuals, test reports and certificates required by the rules and regulations of the SPECIFICATIONS regulations. If The BUYER, if so requested by the SELLER and/or the BUILDER, the BUYER shall, without any charge to the SELLER and/or the BUILDER, cause the representatives of the manufacturers of the BUYER’s Supplies ’S SUPPLIES to assist the SELLER and/or the BUILDER in installation thereof in or on the VESSEL and/or to carry out installation thereof by themselves or to make necessary adjustments thereof at the ShipyardSHIPYARD or premises of the BUILDER’s subcontractor. (c) Any and all of the BUYER’s Supplies ’S SUPPLIES shall be subject to the SELLER’s and/or the BUILDER’s reasonable right of rejection, as and if they are found to be unsuitable or in improper condition for installation. However, if so requested by the BUYER, the SELLER may cause the BUILDER to repair or adjust the BUYER’S SUPPLIES without prejudice to the SELLER’s and/or the BUILDER’s other rights hereunder and without being responsible for any consequences therefrom. In such case, the BUYER shall reimburse the SELLER for all costs and expenses incurred by the SELLER and/or the BUILDER in such repair or adjustment and the DELIVERY DATE may be postponed up to a period of time necessary for such repair or replacement. (d) Should the BUYER fail to deliver any of the BUYER’s Supplies ’S SUPPLIES within the time designated, the Delivery Date DELIVERY DATE may be extended up to a period of such delay in delivery. In such event, the BUYER shall be automatically extended responsible and pay to the SELLER for a period which actually caused all losses and damages incurred by the SELLER and/or the BUILDER by reason of such delay in delivery of the BUYER’S SUPPLIES and such payment shall be made upon delivery of the VESSEL. (e) . If delay in delivery of any of the BUYER’s Supplies ’S SUPPLIES exceeds thirty fifteen (3015) days, then, the SELLER and/or the BUILDER shall be entitled to proceed with construction of the VESSEL without installation thereof in or on the VESSEL VESSEL, without prejudice to the SELLER’s and/or the BUILDER’s other rights as hereinabove provided, either; - i) without installation of such BUYER’S SUPPLIES in or on the VESSEL, or - ii) with installation of substitute for such BUYER’S SUPPLIES in or on the VESSEL, and the BUYER shall accept and take delivery of the VESSEL so constructed, unless . The cost of such delay is caused substitute provided in the above ii) shall be reimbursed by Force Majeure in which case the provision Paragraph 1(d) BUYER to the SELLER upon delivery of this Article shall applythe VESSEL.

Appears in 1 contract

Samples: Ship Sales Contract (Scorpio Bulkers Inc.)

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