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Common use of Terms of Delivery Clause in Contracts

Terms of Delivery. 34.1 The Vessel shall be delivered by the Owners to the Charterers under this Charter in the same condition as it was delivered by the Charterers to the Owners under the MOA, and the Charterers hereby acknowledge and agree that the Owners make no condition, term, representation, warranty, covenant, agreement or declaration, express or implied (and whether statutory or otherwise) as to the seaworthiness, merchantability, condition, design, operation, performance, class, capacity or fitness for use or as to the eligibility of the Vessel for any particular trade or operation or any other condition, term, representation or warranty whatsoever, express or implied, with respect to the Vessel. Acceptance of delivery by the Charterers or (as the case may be) deemed delivery of the Vessel to the Charterers under this Charter shall be irrevocable, final and conclusive proof and evidence that, for the purposes of the obligations and liabilities of the Owners hereunder or in connection herewith, the Vessel is at that time seaworthy, in accordance with the provisions of this Charter, in good working order and repair and free and clear of all Encumbrances and debts of whatsoever nature (other than the Mortgage). 34.2 The Charterers hereby waive all their rights in respect of any condition, term, representation or warranty express or implied (and whether statutory or otherwise) on the part of the Owners (except any representation or warranty as to the Owners' title and ownership over the Vessel) and all their claims against the Owners howsoever and whensoever the same may arise in respect of the Vessel or arising out of the operation or performance of the Vessel and the chartering thereof under this Charter (including in respect of the seaworthiness, condition, design, operation, fitness for use or otherwise with respect to the Vessel). In particular and without prejudice to the generality of the foregoing, the Owners shall be under no liability whatever and howsoever arising in relation to any injury, death, loss, damage or delay of, or to, or in connection with any vessel (including the Vessel) or any person or property whatsoever, whether on board the Vessel or elsewhere, irrespective of whether such injury, death, loss, damage or delay shall arise from the unseaworthiness of or any defect in the Vessel except if such injury, death, loss, damage or delay is caused by the Owners' misconduct, fault, fraud or negligence. For the purposes of this Clause "delay" shall include delay in relation to the Vessel (whether in respect of delivery of the Vessel to the Charterers under this Charter or otherwise) or any other delay whatsoever. The Charterers acknowledge that no representation has been made or will be made by or on behalf of the Owners in relation to the Vessel or any part thereof. 34.3 The Charterers agree that the Owners shall be under no liability to supply any replacement vessel or any piece or part thereof during any period when the Vessel is unusable and shall not be liable to the Charterers or any other person as a result of the Vessel being unusable.

Appears in 4 contracts

Samples: Bareboat Charter (DryShips Inc.), Bareboat Charter (DryShips Inc.), Bareboat Charter (DryShips Inc.)

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Terms of Delivery. 34.1 The Vessel shall be delivered by the Owners 35.1 Subject to clause 35.4 and 44.3 below, the Charterers under this Charter in the same condition as it was delivered by the Charterers to the Owners under the MOA, and the Charterers hereby acknowledge and agree that the Owners make no condition, term, representation, representation or warranty, covenant, agreement or declaration, express or implied (and whether statutory or otherwise) as to the seaworthiness, merchantability, condition, design, operation, performance, class, capacity or fitness for use of the Vessel or as to the eligibility of the Vessel for any particular trade or operation or any other condition, term, representation or warranty whatsoever, express or implied, with respect to the Vessel. Acceptance of delivery by the The Charterers or (as the case may be) deemed expressly agree to accept delivery of the Vessel to the Charterers under this Charter shall be irrevocable, final and conclusive proof and evidence that, for the purposes of the obligations and liabilities of the Owners hereunder whether or in connection herewith, not the Vessel is at that time seaworthy, in accordance with the provisions of this Charter, in good working order and repair and whether or not subject to any defect or inherent vice, and the Charterers agree to remedy any defects and inherent vices (even if not known or discoverable at the time of delivery) and to put the Vessel into seaworthy condition and good working order and repair the Vessel to the extent that this is not the case. The Charterers further acknowledge and agree that the Owners make no warranty regarding the Vessel being free and clear of all Encumbrances and debts any encumbrance, mortgage, charge, lien, security interest or debt of whatsoever nature (together “Liens”) other than that it shall be free of any Liens created by the Mortgage)Owners. 34.2 The 35.2 Subject to clause 35.4 hereof, and without prejudice to the provisions of Clause 35.1, the Charterers hereby waive all their rights in respect of any condition, term, representation representation, or warranty express or implied (and whether statutory or otherwise) on the part of the Owners (except any representation or warranty as to the Owners' title and ownership over the Vessel) and all their claims against the Owners howsoever and whensoever the same may arise at any time in respect of the Vessel or arising out of the operation or performance of the Vessel and the chartering thereof under this Charter (including in respect of the seaworthiness, condition, design, operation, fitness for use seaworthiness or otherwise with respect to of the Vessel). In ) and, in particular and without prejudice to the generality of the foregoing, the Owners shall be under no liability whatever whatsoever and howsoever arising in relation to respect of any losses, costs, charges, expenses, fees, payments, liabilities, penalties, fines, damages or other sanctions of a monetary nature in respect of the injury, death, loss, damage or delay of, of or to, to or in connection with any vessel person (including the Vesselwhich expression includes, but is not limited to, states, governments, municipalities and local authorities) or any person or property whatsoever, whether on board the Vessel or elsewhere, irrespective of whether or when or where such injury, death, loss, damage or delay shall arise from the unseaworthiness or of or any defect in the Vessel except if such injury, death, loss, damage or delay is caused by the Owners' misconduct, fault, fraud or negligence. For the purposes of this Clause "delay" whether it shall include delay in relation to the Vessel (whether in respect of delivery arise as a result of the Vessel to the Charterers under this Charter not being seaworthy or otherwise) otherwise or any other delay whatsoever. The Charterers acknowledge that no representation has been made of whether or will be made by or on behalf of the Owners in relation to not the Vessel or any part thereofthereof is in the possession or under the control of the Charterers provided always that nothing in this Clause 35 shall exclude any liability of the Owners for death or personal injury resulting from negligence or for damages as a consequence of the Owners’ breach of their obligations under Clauses 17(b), 40.2 or 40.3. However, to the extent that any liability of the Owners for death or personal injury is incurred other than by reason of wilful default or negligence on the part of the Owner, the Charterers hereby indemnify the Owners in respect of the same. 34.3 35.3 The Charterers agree that the Owners shall be under no liability to supply any replacement vessel or any piece or part thereof during any period when the Vessel is unusable and shall not be liable to the Charterers or any other person as a result of the Vessel being unusable. 35.4 Nothing contained in this Clause 35 shall be construed as a waiver of any rights or remedies of the Charterers at law or in equity against the Owners in respect of any fraudulent or wilful misconduct of the Owners.

Appears in 1 contract

Samples: Bareboat Charter (NewLead Holdings Ltd.)

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Terms of Delivery. 34.1 The Vessel shall be delivered by the Owners to the Charterers under this Charter in the same condition as it was delivered by the Charterers to the Owners under the MOA, and the Charterers hereby acknowledge and agree that the Owners make no condition, term, representation, warranty, covenant, agreement or declaration, express or implied (and whether statutory or otherwise) as to the seaworthiness, merchantability, condition, design, operation, performance, class, capacity or fitness for use or as to the eligibility of the Vessel for any particular trade or operation or any other condition, term, representation or warranty whatsoever, express or implied, with respect to the Vessel. Acceptance of delivery by the Charterers or (as the case may be) deemed delivery of the Vessel to the Charterers under this Charter shall be irrevocable, final and conclusive proof and evidence that, for the purposes of the obligations and liabilities of the Owners hereunder or in connection herewith, the Vessel is at that time seaworthy, in accordance with the provisions of this Charter, in good working order and repair and free and clear of all Encumbrances and debts of whatsoever nature (other than the Mortgage). 34.2 The Charterers hereby waive all their rights in respect of any condition, term, representation or warranty express or implied (and whether statutory or otherwise) on the part of the Owners (except any representation or warranty as to the Owners' title and ownership over the Vessel) and all their claims against the Owners howsoever and whensoever the same may arise in respect of the Vessel or arising out of the operation or performance of the Vessel and the chartering thereof under this Charter (including in respect of the seaworthiness, condition, design, operation, fitness for use or otherwise with respect to the Vessel). In particular and without prejudice to the generality of the foregoing, the Owners shall be under no liability whatever and howsoever arising in relation to any injury, death, loss, damage or delay of, or to, or in connection with any vessel (including the Vessel) or any person or property whatsoever, whether on board the Vessel or elsewhere, irrespective of whether such injury, death, loss, damage or delay shall arise from the unseaworthiness of or any defect in the Vessel except if such injury, death, loss, damage or delay is caused by the Owners' misconduct, fault, fraud or negligence. For the purposes of this BBC Rider Clause "delay" shall include delay in relation to the Vessel (whether in respect of delivery of the Vessel to the Charterers under this Charter or otherwiseXxxxxxxxxx) or any other delay whatsoever. The Charterers acknowledge that no representation has been made or will be made by or on behalf of the Owners in relation to the Vessel or any part thereof. 34.3 The Charterers agree that the Owners shall be under no liability to supply any replacement vessel or any piece or part thereof during any period when the Vessel is unusable and shall not be liable to the Charterers or any other person as a result of the Vessel being unusable.(20180426)

Appears in 1 contract

Samples: Bareboat Charter (DryShips Inc.)

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