Common use of RESPONSIBILITY OF THE BUILDER Clause in Contracts

RESPONSIBILITY OF THE BUILDER. The BUILDER shall be responsible for storing, safekeeping and handling the BUYER’S SUPPLIES which the BUILDER is required to install on board the VESSEL under Paragraph 0.15 of the FULL SPECIFICATIONS after delivery of such supplies to the SHIPYARD, and shall install such supplies on board the VESSEL at the BUILDER’s expense unless otherwise specified in the SPECIFICATIONS. However, the BUILDER shall not be responsible for the quality, performance or efficiency of any equipment included in the BUYER’S SUPPLIES and is under no obligation with respect to the guarantee of such equipment against any defects caused by poor quality, performance or efficiency of the BUYER’S SUPPLIES but the BUILDER shall be liable under Article IX for any defect(s) in respect of installation of the BUYER’S SUPPLIES to the VESSEL. If any of the BUYER’S SUPPLIES is lost or damaged while in the custody of the BUILDER, the BUILDER shall, if the loss or damage is due to wilful default or negligence on its part, be responsible for such loss or damage. (End of Article)

Appears in 4 contracts

Samples: Shipbuilding Contract (Seaspan CORP), Shipbuilding Contract (Seaspan CORP), Shipbuilding Contract (Seaspan CORP)

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RESPONSIBILITY OF THE BUILDER. The BUILDER shall be responsible for taking good care in storing, safekeeping and handling with reasonable care the BUYER’S SUPPLIES which the BUILDER is required to install in or on board the VESSEL under Paragraph 0.15 of the FULL SPECIFICATIONS after delivery of such supplies to the SHIPYARD, and shall install such supplies on board the VESSEL at the BUILDER’s expense unless otherwise specified in the SPECIFICATIONS. Upon arrival of such shipment of the BUYER’s Supplied Items, both parties shall undertake a joint unpacking inspection. If any damages are found to be not suitable for installation, the BUILDER shall be entitled to refuse to accept the BUYER’s Supplied Items. However, the BUILDER shall not be responsible for the quality, performance or and/or efficiency of any equipment included in of the BUYER’S SUPPLIES and is under no obligation with respect to the guarantee of such equipment the BUYER’S SUPPLIES against any defects caused by poor quality, performance or and/or efficiency of the BUYER’S SUPPLIES but the BUILDER shall be liable under Article IX for any defect(s) in respect of installation of the BUYER’S SUPPLIES to the VESSEL. If any of the BUYER’S SUPPLIES is lost or damaged while in the custody of the BUILDER, the BUILDER shall, if the loss or damage is due to wilful default or negligence on its part, be responsible for such loss or damageSUPPLIES. (End of ArticleARTICLE XII)

Appears in 1 contract

Samples: Shipbuilding Contract (Scorpio Bulkers Inc.)

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