Delivery and Acceptance. 1.1 The date on which the Ship shall be ready for delivery is October 22, 2015 (the “Delivery Date”). The Ship shall not be delivered before the Delivery Date without the express written approval of the Buyer. When: (i) the Builder has completed the building work in conformity with this Contract, the Plans and the Specification; (ii) all tests have been performed and completed in a manner satisfactory to the Buyer; (iii) the Ship has been freed from all Defects (apart from Defects which qualify as minor and insignificant Defects, as defined in Clause 1.6, and Defects for which there will be a reduction in the Contract Price in accordance with Article 6 Clause 2); and (iv) the Ship (a) has been cleaned and prepared (in accordance with the Builder’s usual practices and to their usual standards for ships of this type) to take on a full complement of passengers, officers, crew and staff, and (b) is in all other respects ready to commence operations as a luxury cruise ship, the Builder shall tender the Ship for delivery to the Buyer safely afloat alongside a safe and accessible quay at the Delivery Port where there must be sufficient water for the Ship always to remain afloat and from where there must be direct, free, unimpeded, safe and lawful access to international waters provided that the Builder shall have given to the Buyer not less than (a) 365 (three hundred and sixty five) days, 180 (one hundred and eighty) days, ninety (90) days prior written notice of the date on which the Builder in its good faith assessment expects to tender the Ship for delivery to the Buyer in accordance with this Contract, and (b) 15 (fifteen) days definite prior written notice of the date on which the Builder will tender the Ship for delivery to the Buyer in accordance with this Contract. 1.2 The Builder shall deliver the Ship to the Buyer free and clear of all encumbrances whatsoever. 1.3 On delivery of the Ship the Builder shall also deliver the following documents (together, the “Delivery Documents”): (i) a protocol of delivery and acceptance in a mutually agreed form confirming delivery of the Ship to, and acceptance and taking possession of the Ship by, the Buyer pursuant to this Contract, executed in duplicate by the Builder and stating the date and (local) time of such delivery and acceptance; (ii) a declaration of warranty by the Builder in a mutually agreed form confirming that the Ship is delivered to the Buyer free and clear of all encumbrances whatsoever (including, without limitation, all liabilities of the Builder to the Refund Guarantors, the Builder’s financiers and its subcontractors, and all liabilities arising from the construction of the Ship or the operation of the Ship for the purposes of the tests or otherwise before delivery) and that the Ship is absolutely free of all burdens in the nature of imposts, taxes or other charges imposed by the national, provincial, local or port authorities of the country where the Ship was built and (if different) the country in which the Ship is delivered to
Appears in 2 contracts
Sources: Shipbuilding Contract (NCL CORP Ltd.), Shipbuilding Contract (NCL CORP Ltd.)
Delivery and Acceptance. 1.1 The date on which the Ship shall be ready for delivery is October 22shall be a calendar date during the period from February 1, 2015 2017 until and including April 28, 2017. Subject to Clause 16 in Article 14, by July 8, 2013 (at latest) the Builder shall propose for the Buyer’s approval (not to be unreasonably withheld or delayed) a date for delivery of the Ship within the above period. The date approved in writing by the Buyer or otherwise agreed in writing between the Buyer and the Builder shall be the “Delivery Date”). The Ship shall not be delivered before the Delivery Date without the express written approval of the Buyer. When:
(i) the Builder has completed the building work in conformity with this Contract, the Plans and the Specification;
(ii) all tests have been performed and completed in a manner satisfactory to the Buyer;
(iii) the Ship has been freed from all Defects (apart from Defects which qualify as minor and insignificant Defects, as defined in Clause 1.6, and Defects for which there will be a reduction in the Contract Price in accordance with Article 6 Clause 2); and
(iv) the Ship (a) has been cleaned and prepared (in accordance with the Builder’s usual practices and to their usual standards for ships of this type) to take on a full complement of passengers, officers, crew and staff, and (b) is in all other respects ready to commence operations as a luxury cruise ship, the Builder shall tender the Ship for delivery to the Buyer safely afloat alongside a safe and accessible quay at the Delivery Port where there must be sufficient water for the Ship always to remain afloat and from where there must be direct, free, unimpeded, safe and lawful access to international waters provided that the Builder shall have given to the Buyer not less than (a) 365 (three hundred and sixty five) days, 180 (one hundred and eighty) days, ninety (90) days prior written notice of the date on which the Builder in its good faith assessment expects to tender the Ship for delivery to the Buyer in accordance with this Contract, and (b) 15 (fifteen) days definite prior written notice of the date on which the Builder will tender the Ship for delivery to the Buyer in accordance with this Contract.
1.2 The Builder shall deliver the Ship to the Buyer free and clear of all encumbrances whatsoever.
1.3 On delivery of the Ship the Builder shall also deliver the following documents (together, the “Delivery Documents”):
(i) a protocol of delivery and acceptance in a mutually agreed form confirming delivery of the Ship to, and acceptance and taking possession of the Ship by, the Buyer pursuant to this Contract, executed in duplicate by the Builder and stating the date and (local) time of such delivery and acceptance;
(ii) a declaration of warranty by the Builder in a mutually agreed form confirming that the Ship is delivered to the Buyer free and clear of all encumbrances whatsoever (including, without limitation, all liabilities of the Builder to the Refund Guarantors, the Builder’s financiers and its subcontractors, and all liabilities arising from the construction of the Ship or the operation of the Ship for the purposes of the tests or otherwise before delivery) and that the Ship is absolutely free of all burdens in the nature of imposts, taxes or other charges imposed by the national, provincial, local or port authorities of the country where the Ship was built and (if different) the country in which the Ship is delivered to the Buyer, executed in triplicate and notarised and legalised in accordance with the Buyer’s instructions;
(iii) a detailed inventory showing the machinery and equipment installed on the Ship and the spares, stores and other consumable items delivered with the Ship;
(iv) the makers’ certificates, subcontractors’ instruction books, and all of the Classification Society, trading and other certificates (each free of conditions, qualifications, recommendations, reservations and restrictions) required to be supplied upon delivery of the Ship pursuant to this Contract and the Specification;
(v) a protocol showing the results of the tests;
(vi) a non-registration or deletion certificate issued by the District Court of Emden, Germany;
(vii) a commercial invoice for the Ship and all other amounts payable by the Buyer on delivery;
(viii) a builder’s certificate and a ▇▇▇▇ of sale, each in a form acceptable to the Buyer, each executed in quadruplicate and notarised and legalised in accordance with the Buyer’s instructions, and such other written instruments (each notarised and legalised in accordance with the Buyer’s instructions) as may be necessary or desirable, in the reasonable opinion of the Buyer, to confirm that full and clean title in the Ship has been vested in the Buyer;
(ix) a full set of the specified construction documents (each in three (3) white prints, one of each of which will be on board the Ship at delivery);
(x) one CD-ROM of the principal delivery drawings and plans relating to the Ship approved by the Classification Society;
(xi) such further certificates and/or other documents as may be necessary or desirable, in the reasonable opinion of the Buyer, in connection with the Buyer’s ownership, registration and/or financing of the Ship;
(xii) such documents as may be necessary or desirable, in the reasonable opinion of the Buyer, to prove the authority of the Builder’s representatives below senior management to sign the documents to be executed on behalf of the Builder in connection with delivery of the Ship.
1.4 If, at the time when the Builder tenders delivery of the Ship to the Buyer, the Ship is complete (meaning that she has been designed, engineered, built, launched, equipped, outfitted, finished and tested in accordance with this Contract and the Specification), and if such tender is accompanied by a tender of delivery of a complete and proper set of the Delivery Documents, the Ship and the Delivery Documents (including any interim documents if the requirements of minor and insignificant defects are met and provided that the Builder has used its best efforts to obtain final documents before delivery) shall thereupon be accepted by the Buyer but if, at such time, the Ship and/or the Delivery Documents are not complete, the Buyer shall be entitled to refuse acceptance of the same by delivering to the Builder, within two (2) working days from (and including) the date of such tender, a written notice describing those aspects of the Ship and/or the Delivery Documents which are not complete. Any final documents not delivered to the Buyer at delivery of the Ship shall be delivered as soon as practicable thereafter and in any event within a period that is reasonably acceptable to the Buyer.
1.5 Notwithstanding any provision to the contrary in this Clause 1, if the Ship is complete but for minor and insignificant Defects, the Buyer shall accept delivery subject to:
(i) an agreed reduction in the Contract Price; or
(ii) in the Buyer’s option, the Builder undertaking to correct—at the Builder’s entire risk and expense, without any interruption to the Ship’s service to its passengers, and in accordance with a remedial plan and timetable acceptable to the Buyer (acting reasonably) – the minor and insignificant Defects described in a list which shall be prepared by the Buyer and agreed with the Builder at or before delivery.
Appears in 2 contracts
Sources: Shipbuilding Contract (NCL CORP Ltd.), Shipbuilding Contract (NCL CORP Ltd.)
Delivery and Acceptance. 1.1 The date on which the Ship shall be ready for delivery is October 22, 2015 [*] (the “"Delivery Date”"). The Ship shall not be delivered before the Delivery Date without the express written approval of the Buyer. When:
(i) the Builder has completed the building work in conformity with this Contract, the Plans and the Specification;
(ii) all tests have been performed and completed in a manner satisfactory to the Buyer;
(iii) the Ship has been freed from all Defects (apart from Defects which qualify as minor and insignificant Defects, as defined in Clause 1.6, and Defects for which there will be a reduction in the Contract Price in accordance with Article 6 Clause 2); and
(iv) the Ship (a) has been cleaned and prepared (in accordance with the Builder’s 's usual practices and to their usual standards for ships of this type) to take on a full complement of passengers, officers, crew and staff, and (b) is in all other respects ready to commence operations as a luxury cruise ship, the Builder shall tender the Ship for delivery to the Buyer safely afloat alongside a safe and accessible quay at the Delivery Port where there must be sufficient water for the Ship always to remain afloat and from where there must be direct, free, unimpeded, safe and lawful access to international waters provided that the Builder shall have given to the Buyer not less than (a) 365 (three hundred and sixty five) days, 180 (one hundred and eighty) days, ninety (90) days prior written notice of the date on which the Builder in its good faith assessment expects to tender the Ship for delivery to the Buyer in accordance with this Contract, and (b) 15 (fifteen) days definite prior written notice of the date on which the Builder will tender the Ship for delivery to the Buyer in accordance with this Contract.
1.2 The Builder shall deliver the Ship to the Buyer free and clear of all encumbrances whatsoever.
1.3 On delivery of the Ship the Builder shall also deliver the following documents (together, the “"Delivery Documents”"):
(i) a protocol of delivery and acceptance in a mutually agreed form confirming delivery of the Ship to, and acceptance and taking possession of the Ship by, the Buyer pursuant to this Contract, executed in duplicate by the Builder and stating the date and (local) time of such delivery and acceptance;
(ii) a declaration of warranty by the Builder in a mutually agreed form confirming that the Ship is delivered to the Buyer free and clear of all encumbrances whatsoever (including, without limitation, all liabilities of the Builder to the Refund Guarantors, the Builder’s 's financiers and its subcontractors, and all liabilities arising from the construction of the Ship or the operation of the Ship for the purposes of the tests or otherwise before delivery) and that the Ship is absolutely free of all burdens in the nature of imposts, taxes or other charges imposed by the national, provincial, local or port authorities of the country where the Ship was built and (if different) the country in which the Ship is delivered to the Buyer, executed in triplicate and notarised and legalised in accordance with the Buyer's instructions;
(iii) a detailed inventory showing the machinery and equipment installed on the Ship and the spares, stores and other consumable items delivered with the Ship;
(iv) the makers' certificates, subcontractors' instruction books, and all of the Classification Society, trading and other certificates (each free of conditions, qualifications, recommendations, reservations and restrictions) required to be supplied upon delivery of the Ship pursuant to this Contract and the Specification;
(v) a protocol showing the results of the tests;
(vi) a non-registration or deletion certificate issued by the District Court of Emden, Germany;
(vii) a commercial invoice for the Ship and all other amounts payable by the Buyer on delivery;
(viii) a builder's certificate and a b▇▇▇ of sale, each in a form acceptable to the Buyer, each executed in quadruplicate and notarised and legalised in accordance with the Buyer's instructions, and such other written instruments (each notarised and legalised in accordance with the Buyer's instructions) as may be necessary or desirable, in the reasonable opinion of the Buyer, to confirm that full and clean title in the Ship has been vested in the Buyer;
(ix) a full set of the specified construction documents (each in three (3) white prints, one of each of which will be on board the Ship at delivery);
(x) one CD-ROM of the principal delivery drawings and plans relating to the Ship approved by the Classification Society;
(xi) such further certificates and/or other documents as may be necessary or desirable, in the reasonable opinion of the Buyer, in connection with the Buyer's ownership, registration and/or financing of the Ship;
(xii) such documents as may be necessary or desirable, in the reasonable opinion of the Buyer, to prove the authority of the Builder's representatives below senior management to sign the documents to be executed on behalf of the Builder in connection with delivery of the Ship.
1.4 If, at the time when the Builder tenders delivery of the Ship to the Buyer, the Ship is complete (meaning that she has been designed, engineered, built, launched, equipped, outfitted, finished and tested in accordance with this Contract and the Specification), and if such tender is accompanied by a tender of delivery of a complete and proper set of the Delivery Documents, the Ship and the Delivery Documents (including any interim documents if the requirements of minor and insignificant defects are met and provided that the Builder has used its best efforts to obtain final documents before delivery) shall thereupon be accepted by the Buyer but if, at such time, the Ship and/or the Delivery Documents are not complete, the Buyer shall be entitled to refuse acceptance of the same by delivering to the Builder, within two (2) working days from (and including) the date of such tender, a written notice describing those aspects of the Ship and/or the Delivery Documents which are not complete. Any final documents not delivered to the Buyer at delivery of the Ship shall be delivered as soon as practicable thereafter and in any event within a period that is reasonably acceptable to the Buyer.
1.5 Notwithstanding any provision to the contrary in this Clause 1, if the Ship is complete but for minor and insignificant Defects, the Buyer shall accept delivery subject to:
(i) an agreed reduction in the Contract Price; or
(ii) in the Buyer's option, the Builder undertaking to correct - at the Builder's entire risk and expense, without any interruption to the Ship's service to its passengers, and in accordance with a remedial plan and timetable acceptable to the Buyer (acting reasonably) – the minor and insignificant Defects described in a list which shall be prepared by the Buyer and agreed with the Builder at or before delivery.
1.6 The expression "minor and insignificant Defects" means those Defects which in and of themselves until they have been remedied, and which in the course and process of being remedied:
(i) do not and will not adversely affect the seaworthiness of the Ship; or
(ii) do not and will not prevent the unrestricted use of the Ship in its intended service and purpose; or
(iii) do not and will not (a) prevent the use of any of the Ship's cabins and public areas, or (b) in any other way adversely affect the comfort and safety of the Ship's passengers; or
(iv) do not and will not affect the safety of the Ship's crew members or their ability to carry out their duties in a safe working environment and with appropriate accommodation; or
(v) do not and will not adversely affect the operational efficiency of the Ship; or
(vi) do not and will not involve any condition, qualification, recommendation, reservation or restriction in relation to any certificate issued (or to be issued) by the Classification Society or any Regulatory Authority or any other specified person which in the opinion of the Buyer (acting in good faith) is or could be material in a commercial or technical sense.
Appears in 2 contracts
Sources: Shipbuilding Contract (Norwegian Cruise Line Holdings Ltd.), Shipbuilding Contract (Norwegian Cruise Line Holdings Ltd.)
Delivery and Acceptance. 1.1 The date on which the Ship shall be ready for delivery is October 22, 2015 14 April 2006 (the “"Delivery Date”"). The Ship shall not be delivered before the Delivery Date this date without the express written approval of the Buyer. When:
(i) the Builder has completed the building work in conformity with this Contract, the Plans and the Specification;
(ii) all tests have been performed and completed in a manner satisfactory to the Buyer;
(iii) the Ship has been freed from all Defects (apart from Defects which qualify as minor and insignificant Defects, as defined in Clause clause 1.6, and Defects for which there will be a reduction in the Contract Price in accordance with Article 6 Clause clause 2); and
(iv) the Ship (a) has been cleaned and prepared (in accordance with the Builder’s 's usual practices and to their usual standards for ships of this type) to take on a full complement of passengers, officers, crew and staff, and (b) is in all other respects ready to commence operations as a luxury cruise ship, the Builder shall tender the Ship for delivery to the Buyer safely afloat alongside a safe and accessible quay at the Delivery Port where there must be sufficient water for the Ship always to remain afloat and from where there must be direct, free, unimpeded, safe and lawful access to international waters provided that (a) the Builder shall have given to the Buyer not less than (a) 365 (three hundred and sixty five) days, 180 (one hundred and eighty) days, days and ninety (90) days estimated, followed by 15 (fifteen) days definite, prior written notice of the date on which the Builder in its good faith assessment expects to tender the Ship for delivery to the Buyer in accordance with this Contractdelivery, and (b) 15 (fifteen) days definite prior written notice with effect from service of the date on which 90 (ninety) day estimated notice referred to above, the Builder will tender shall have allowed designated employees of the Ship Star Cruises Group to attend the Shipyard and to be present during tests and for delivery to the Buyer in accordance with this Contractfamiliarisation purposes.
1.2 The Builder shall deliver the Ship to the Buyer free and clear of all encumbrances whatsoever.
1.3 On delivery of the Ship the Builder shall also deliver the following documents (together, the “"Delivery Documents”"):
(i) a protocol of delivery and acceptance in a mutually agreed form confirming delivery of the Ship to, and acceptance and taking possession of the Ship by, the Buyer pursuant to this Contract, executed in duplicate by the Builder and stating the date and (local) time of such delivery and acceptance;
(ii) a declaration of warranty by the Builder in a mutually agreed form confirming that the Ship is delivered to the Buyer free and clear of all encumbrances whatsoever (including, without limitation, all liabilities of the Builder to the Refund Guarantors, the Builder’s financiers and its subcontractors, subcontractors and all liabilities arising from the construction of the Ship or the operation of the Ship for the purposes of the tests or otherwise before deliverytests) and that the Ship is absolutely free of all burdens in the FIRST ORIGINAL nature of imposts, taxes or other charges imposed by the nationalnation, provincialcity, local county, state or port authorities of delivery, executed in triplicate and notarised and legalised in accordance with the Buyer's instructions;
(iii) a detailed inventory showing the machinery and equipment installed on the Ship and the spares, stores and other consumable items delivered with the Ship;
(iv) the makers' certificates, subcontractors' instruction books, and all of the country where Classification Society, trading and other certificates (each free of conditions, qualifications, recommendations, reservations and restrictions) required to be supplied upon delivery of the Ship was built pursuant to this Contract and the Specification;
(if differentv) a protocol showing the country in which results of the tests;
(vi) such documents signed by the Builder as the Buyer may reasonably require to procure the deletion of the Ship is delivered tofrom the Registry of Ships under Construction;
(vii) a commercial invoice for the Ship and all other amounts payable by the Buyer on delivery;
(viii) a builder's certificate and a bill of sale, each in a form acceptable to the Buyer, e▇▇▇ executed in quadruplicate and notarised and legalised in accordance with the Buyer's instructions, and such other written instruments (each notarised and legalised in accordance with the Buyer's instructions) as may be necessary or desirable, in the reasonable opinion of the Buyer, to confirm that full and clean title in the Ship has been vested in the Buyer;
(ix) a full set of the specified construction documents (each in three (3) white prints, one of each of which will be on board the Ship at delivery);
Appears in 1 contract
Delivery and Acceptance. 1.1 The date on which the Ship shall be ready for delivery is October 22, 2015 10 April 2014 (the “Delivery Date”). The Ship shall not be delivered before the Delivery Date this date without the express written approval of the Buyer. When:
(i) the Builder has completed the building work in conformity with this Contract, the Plans and the Specification;
(ii) all tests have been performed and completed in a manner satisfactory to the Buyer;
(iii) the Ship has been freed from all Defects (apart from Defects which qualify as minor and insignificant Defects, as defined in Clause 1.6, and Defects for which there will be a reduction in the Contract Price in accordance with Article 6 Clause 2); and
(iv) the Ship (a) has been cleaned and prepared (in accordance with the Builder’s usual practices and to their usual standards for ships of this type) to take on a full complement of passengers, officers, crew and staff, and (b) is in all other respects ready to commence operations as a luxury cruise ship, the Builder shall tender the Ship for delivery to the Buyer safely afloat alongside a safe and accessible quay at the Delivery Port where there must be sufficient water for the Ship always to remain afloat and from where there must be direct, free, unimpeded, safe and lawful access to international waters provided that the Builder shall have given to the Buyer not less than (a) 365 (three hundred and sixty five) days, 180 (one hundred and eighty) days, ninety (90) days and 15 (fifteen) days definite, prior written notice of the date on which the Builder in its good faith assessment expects to tender the Ship for delivery to the Buyer in accordance with this Contract, and (b) 15 (fifteen) days definite prior written notice of the date on which the Builder will tender the Ship for delivery to the Buyer in accordance with this Contractdelivery.
1.2 The Builder shall deliver the Ship to the Buyer free and clear of all encumbrances whatsoever.
1.3 On delivery of the Ship the Builder shall also deliver the following documents (together, the “Delivery Documents”):
(i) a protocol of delivery and acceptance in a mutually agreed form confirming delivery of the Ship to, and acceptance and taking possession of the Ship by, the Buyer pursuant to this Contract, executed in duplicate by the Builder and stating the date and (local) time of such delivery and acceptance;
(ii) a declaration of warranty by the Builder in a mutually agreed form confirming that the Ship is delivered to the Buyer free and clear of all encumbrances whatsoever (including, without limitation, all liabilities of the Builder to the Refund Guarantors, the Builder’s financiers and its subcontractors, and all liabilities arising from the construction of the Ship or the operation of the Ship for the purposes of the tests or otherwise before delivery) and that the Ship is absolutely free of all burdens in the nature of imposts, taxes or other charges imposed by the national, provincial, local or port authorities of the country where the Ship was built and (if different) the country in which the Ship is delivered to the Buyer, executed in triplicate and notarised and legalised in accordance with the Buyer’s instructions;
(iii) a detailed inventory showing the machinery and equipment installed on the Ship and the spares, stores and other consumable items delivered with the Ship;
(iv) the makers’ certificates, subcontractors’ instruction books, and all of the Classification Society, trading and other certificates (each free of conditions, qualifications, recommendations, reservations and restrictions) required to be supplied upon delivery of the Ship pursuant to this Contract and the Specification;
(v) a protocol showing the results of the tests;
(vi) a non-registration or deletion certificate issued by the District Court of Emden, Germany;
(vii) a commercial invoice for the Ship and all other amounts payable by the Buyer on delivery;
(viii) a builder’s certificate and a ▇▇▇▇ of sale, each in a form acceptable to the Buyer, each executed in quadruplicate and notarised and legalised in accordance with the Buyer’s instructions, and such other written instruments (each notarised and legalised in accordance with the Buyer’s instructions) as may be necessary or desirable, in the reasonable opinion of the Buyer, to confirm that full and clean title in the Ship has been vested in the Buyer;
(ix) a full set of the specified construction documents (each in three (3) white prints, one of each of which will be on board the Ship at delivery);
(x) one CD-ROM of the principal delivery drawings and plans relating to the Ship approved by the Classification Society;
(xi) such further certificates and/or other documents as may be necessary or desirable, in the reasonable opinion of the Buyer, in connection with the Buyer’s ownership, registration and/or financing of the Ship;
(xii) such documents as may be necessary or desirable, in the reasonable opinion of the Buyer, to prove the authority of the Builder’s representatives below senior management to sign the documents to be executed on behalf of the Builder in connection with delivery of the Ship.
1.4 If, at the time when the Builder tenders delivery of the Ship to the Buyer, the Ship is complete (meaning that she has been designed, engineered, built, launched, equipped, outfitted, finished and tested in accordance with this Contract and the Specification), and if such tender is accompanied by a tender of delivery of a complete and proper set of the Delivery Documents, the Ship and the Delivery Documents shall thereupon be accepted by the Buyer but if, at such time, the Ship and/or the Delivery Documents are not complete, the Buyer shall be entitled to refuse acceptance of the same by delivering to the Builder, within two (2) working days from (and including) the date of such tender, a written notice describing those aspects of the Ship and/or the Delivery Documents which are not complete.
1.5 Notwithstanding any provision to the contrary in this Clause 1, if the Ship is complete but for minor and insignificant Defects, the Buyer shall accept delivery subject to:
(i) an agreed reduction in the Contract Price; or
(ii) in the Buyer’s option, the Builder undertaking to correct—at the Builder’s entire risk and expense, without any interruption to the Ship’s service to its passengers, and in accordance with a remedial plan and timetable acceptable to the Buyer (acting reasonably) – the minor and insignificant Defects described in a list which shall be prepared by the Buyer and agreed with the Builder at or before delivery.
Appears in 1 contract
Delivery and Acceptance. 1.1 The date on which the Ship shall be ready for delivery is 1 October 22, 2015 2007 (the “Delivery Date”"DELIVERY DATE"). The Ship shall not be delivered before the Delivery Date this date without the express written approval of the Buyer. When:
(i) the Builder has completed the building work in conformity with this Contract, the Plans and the Specification;
(ii) all tests have been performed and completed in a manner satisfactory to the Buyer;
(iii) the Ship has been freed from all Defects (apart from Defects which qualify as minor and insignificant Defects, as defined in Clause 1.6, and Defects for which there will be a reduction in the Contract Price in accordance with Article 6 Clause 2); and
(iv) the Ship (a) has been cleaned and prepared (in accordance with the Builder’s 's usual practices and to their usual standards for ships of this type) to take on a full complement of passengers, officers, crew and staff, and (b) is in all other respects ready to commence operations as a luxury cruise ship, the Builder shall tender the Ship for delivery to the Buyer safely afloat alongside a safe and accessible quay at the Delivery Port where there must be sufficient water for the Ship always to remain afloat and from where there must be direct, free, unimpeded, safe and lawful access to international waters provided that (a) the Builder shall have given to the Buyer not less than (a) 365 (three hundred and sixty five) days, 180 (one hundred and eighty) days, days and ninety (90) days estimated, followed by 15 (fifteen) days definite, prior written notice of the date on which the Builder in its good faith assessment expects to tender the Ship for delivery to the Buyer in accordance with this Contractdelivery, and (b) 15 (fifteen) days definite prior written notice with effect from service of the date on which 90 (ninety) day estimated notice referred to above, the Builder will tender the Ship for delivery to shall have allowed designated representatives of the Buyer in accordance with this Contractto attend the Shipyard and to be present during tests and for familiarisation purposes.
1.2 The Builder shall deliver the Ship to the Buyer free and clear of all encumbrances whatsoever.
1.3 On delivery of the Ship the Builder shall also deliver the following documents (together, the “Delivery Documents”"DELIVERY DOCUMENTS"):
(i) a protocol of delivery and acceptance in a mutually agreed form confirming delivery of the Ship to, and acceptance and taking possession of the Ship by, the Buyer pursuant to this Contract, executed in duplicate by the Builder and stating the date and (local) time of such delivery and acceptance;
(ii) a declaration of warranty by the Builder in a mutually agreed form confirming that the Ship is delivered to the Buyer free and clear of all encumbrances whatsoever (including, without limitation, all liabilities of the Builder to the Refund Guarantors, the Builder’s 's financiers and its subcontractors, and all liabilities arising from the construction of the Ship or the operation of the Ship for the purposes of the tests or otherwise before delivery) and that the Ship is absolutely free of all burdens in the nature of imposts, taxes or other charges imposed by the national, provincial, local or port authorities of the country where the Ship was built and (if different) the country in which the Ship is delivered tois
Appears in 1 contract
Delivery and Acceptance. 1.1 The date on which the Ship shall be ready for delivery is October 22, 2015 at the Shipyard on the 31 May 2010 (the “Delivery Date”). The Ship shall not be delivered before the Delivery Date this date without the express written approval of the Buyer. When:
(i) the Builder has completed the building work Work in conformity compliance with this Contract, the Plans and the Specification;
(ii) all tests have been performed and completed in a manner satisfactory accordance with this Contract, the Plans and the Specification, the parties have agreed the Defects List, and the remedial plan and timetable referred to the Buyerin Article 6, Clause 1.15;
(iii) the Ship has been freed from all Defects (apart from Defects which qualify as minor and insignificant Defects, as defined in Clause 1.6, and Defects for which there will be a reduction in the Contract Price in accordance with Article 6 Clause 2); and
(iv) the Ship (a) has been cleaned and prepared (in accordance with the Builder’s usual practices and to their usual standards for ships of this type) has been cleaned and prepared so that she is ready to take on a full complement of passengers, officers, crew and staff, and (b) is in all other respects ready to commence operations enter service as a luxury passenger cruise ship;
(iv) the Builder has removed from the Ship all unused construction materials and debris, and otherwise left the Ship in a clean and safe ready for sea condition, the Builder shall tender the Ship for delivery to the Buyer safely afloat alongside a safe and accessible quay at the Delivery Port Shipyard where there must be sufficient water for the Ship always to remain afloat and from where there must be direct, free, unimpeded, safe and lawful access to international waters provided that the Builder shall have given to the Buyer not less than 15 (afifteen) 365 (three hundred and sixty five) daysWorking Days definite, 180 (one hundred and eighty) days, ninety (90) days prior written notice of the date on which the Builder in its good faith assessment expects to tender the Ship for delivery to the Buyer in accordance with this Contract, and (b) 15 (fifteen) days definite prior written notice of the date on which the Builder will tender the Ship for delivery to the Buyer in accordance with this Contractdelivery.
1.2 The Builder shall deliver the Ship to the Buyer with full title guarantee, and free and clear of all encumbrances (including, without limitation, all Mortgages) whatsoever.
1.3 On delivery of the Ship the Builder shall also deliver the following documents (together, the “Delivery Documents”):
(i) a protocol Protocol of delivery Delivery and acceptance Acceptance in a mutually agreed the form of Schedule 2 confirming delivery of the Ship to, and acceptance and taking possession of the Ship by, the Buyer pursuant to this Contract, executed in duplicate two original counterparts by the Builder and the Buyer and stating the date and (local) time of such delivery and acceptance;
(ii) a declaration of warranty by the Builder in a mutually agreed form confirming that the Ship is delivered to the Buyer free and clear of all encumbrances whatsoever (including, without limitation, all Mortgages and other obligations and all liabilities of the Builder to the Refund Guarantors, the Builder’s financiers and its subcontractors, and all liabilities arising from the financing, the construction of the Ship or the operation of the Ship for the purposes of the tests or otherwise before delivery) and that the Ship is absolutely free of all burdens in the nature of imposts, taxes or other charges imposed by the national, provincial, local or port authorities of France;
(iii) a detailed inventory showing the country where machinery and equipment installed on the Ship was built and the spares, stores and other consumable items delivered with the Ship;
(iv) the makers’ certificates, Subcontractors’ instruction books, and all of the Classification Society, trading and other certificates (each free of conditions, qualifications, recommendations, reservations and restrictions) required to be supplied upon delivery of the Ship pursuant to this Contract and the Specification, and the Buyer will accept provisional certificates provided that: (a) they do not to any extent impair the Buyer’s ability to register, finance, insure or operate the Ship in its intended service; and (if differentb) the country in which Builder undertakes to deliver fully compliant permanent certificates as soon as they are available from the relevant issuing authority;
(v) a protocol showing the results of the tests;
(vi) a non-registration or deletion certificate issued by the competent French authorities;
(vii) a commercial invoice for the Ship and all other amounts payable by the Buyer on delivery;
(viii) a builder’s certificate in a form acceptable to the Buyer, notarised and legalised in accordance with the Buyer’s instructions, and such other written instruments as may be strictly necessary, to confirm that full and clean title in the Ship has been vested in the Buyer and to enable the Buyer to register the Ship under the Flag State;
(ix) a full set of the drawings, plans and other construction documents provided for in the Specification;
(x) if required by the Buyer’s financiers, such documents as may be necessary to prove the authority of the parties’ respective representatives to sign the documents to be executed on behalf of the Builder and the Buyer in connection with delivery of the Ship.
1.4 Acceptance of the Ship by the Buyer shall be accomplished by:
(i) the signature by the Buyer and the Builder of two (2) original counterparts of the Protocol of Delivery and Acceptance; and
(ii) payment by the Buyer to the Builder of that part of the Contract Price and all other sums that the Buyer is delivered torequired to pay upon delivery of the Ship pursuant to the provisions of this Contract.
1.5 The Buyer shall be afforded five (5) days free of any wharfage or any other charge, and up to three (3) further days at the usual wharfage fee charged by the relevant port authority, within which to remove the Ship from her point of delivery.
1.6 The following consumables remaining on board at delivery of the Ship shall be jointly inventoried by the Builder and the Buyer, and the Buyer shall pay for them at the Builder’s actual cost price: lubricating oils in storage tanks, fresh water, diesel oils and
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Delivery and Acceptance. 1.1 The date on which the Ship shall be ready for delivery is October 22, 2015 25 April 2013 (the “Delivery Date”). The Ship shall not be delivered before the Delivery Date this date without the express written approval of the Buyer. When:
(i) the Builder has completed the building work in conformity with this Contract, the Plans and the Specification;
(ii) all tests have been performed and completed in a manner satisfactory to the Buyer;
(iii) the Ship has been freed from all Defects (apart from Defects which qualify as minor and insignificant Defects, as defined in Clause 1.6, and Defects for which there will be a reduction in the Contract Price in accordance with Article 6 Clause 2); and
(iv) the Ship (a) has been cleaned and prepared (in accordance with the Builder’s usual practices and to their usual standards for ships of this type) to take on a full complement of passengers, officers, crew and staff, and (b) is in all other respects ready to commence operations as a luxury cruise ship, the Builder shall tender the Ship for delivery to the Buyer safely afloat alongside a safe and accessible quay at the Delivery Port where there must be sufficient water for the Ship always to remain afloat and from where there must be direct, free, unimpeded, safe and lawful access to international waters provided that the Builder shall have given to the Buyer not less than (a) 365 (three hundred and sixty five) days, 180 (one hundred and eighty) days, ninety (90) days and 15 (fifteen) days definite, prior written notice of the date on which the Builder in its good faith assessment expects to tender the Ship for delivery to the Buyer in accordance with this Contract, and (b) 15 (fifteen) days definite prior written notice of the date on which the Builder will tender the Ship for delivery to the Buyer in accordance with this Contractdelivery.
1.2 The Builder shall deliver the Ship to the Buyer free and clear of all encumbrances whatsoever.
1.3 On delivery of the Ship the Builder shall also deliver the following documents (together, the “Delivery Documents”):
(i) a protocol of delivery and acceptance in a mutually agreed form confirming delivery of the Ship to, and acceptance and taking possession of the Ship by, the Buyer pursuant to this Contract, executed in duplicate by the Builder and stating the date and (local) time of such delivery and acceptance;
(ii) a declaration of warranty by the Builder in a mutually agreed form confirming that the Ship is delivered to the Buyer free and clear of all encumbrances whatsoever (including, without limitation, all liabilities of the Builder to the Refund Guarantors, the Builder’s financiers and its subcontractors, and all liabilities arising from the construction of the Ship or the operation of the Ship for the purposes of the tests or otherwise before delivery) and that the Ship is absolutely free of all burdens in the nature of imposts, taxes or other charges imposed by the national, provincial, local or port authorities of the country where the Ship was built and (if different) the country in which the Ship is delivered to the Buyer, executed in triplicate and notarised and legalised in accordance with the Buyer’s instructions;
(iii) a detailed inventory showing the machinery and equipment installed on the Ship and the spares, stores and other consumable items delivered with the Ship;
(iv) the makers’ certificates, subcontractors’ instruction books, and all of the Classification Society, trading and other certificates (each free of conditions, qualifications, recommendations, reservations and restrictions) required to be supplied upon delivery of the Ship pursuant to this Contract and the Specification;
(v) a protocol showing the results of the tests;
(vi) a non-registration or deletion certificate issued by the District Court of Emden, Germany;
(vii) a commercial invoice for the Ship and all other amounts payable by the Buyer on delivery;
(viii) a builder’s certificate and a ▇▇▇▇ of sale, each in a form acceptable to the Buyer, each executed in quadruplicate and notarised and legalised in accordance with the Buyer’s instructions, and such other written instruments (each notarised and legalised in accordance with the Buyer’s instructions) as may be necessary or desirable, in the reasonable opinion of the Buyer, to confirm that full and clean title in the Ship has been vested in the Buyer;
(ix) a full set of the specified construction documents (each in three (3) white prints, one of each of which will be on board the Ship at delivery);
(x) one CD-ROM of the principal delivery drawings and plans relating to the Ship approved by the Classification Society;
(xi) such further certificates and/or other documents as may be necessary or desirable, in the reasonable opinion of the Buyer, in connection with the Buyer’s ownership, registration and/or financing of the Ship;
(xii) such documents as may be necessary or desirable, in the reasonable opinion of the Buyer, to prove the authority of the Builder’s representatives below senior management to sign the documents to be executed on behalf of the Builder in connection with delivery of the Ship.
1.4 If, at the time when the Builder tenders delivery of the Ship to the Buyer, the Ship is complete (meaning that she has been designed, engineered, built, launched, equipped, outfitted, finished and tested in accordance with this Contract and the Specification), and if such tender is accompanied by a tender of delivery of a complete and proper set of the Delivery Documents, the Ship and the Delivery Documents shall thereupon be accepted by the Buyer but if, at such time, the Ship and/or the Delivery Documents are not complete, the Buyer shall be entitled to refuse acceptance of the same by delivering to the Builder, within two (2) working days from (and including) the date of such tender, a written notice describing those aspects of the Ship and/or the Delivery Documents which are not complete.
1.5 Notwithstanding any provision to the contrary in this Clause 1, if the Ship is complete but for minor and insignificant Defects, the Buyer shall accept delivery subject to:
(i) an agreed reduction in the Contract Price; or
(ii) in the Buyer’s option, the Builder undertaking to correct - at the Builder’s entire risk and expense, without any interruption to the Ship’s service to its passengers, and in accordance with a remedial plan and timetable acceptable to the Buyer (acting reasonably) – the minor and insignificant Defects described in a list which shall be prepared by the Buyer and agreed with the Builder at or before delivery.
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Delivery and Acceptance. 1.1 The date on which the Ship shall be ready for delivery is October 22, 2015 8 February 2007 (the “Delivery Date”"DELIVERY DATE"). The Ship shall not be delivered before the Delivery Date this date without the express written approval of the Buyer. When:
(i) the Builder has completed the building work in conformity with this Contract, the Plans and the Specification;
(ii) all tests have been performed and completed in a manner satisfactory to the Buyer;
(iii) the Ship has been freed from all Defects (apart from Defects which qualify as minor and insignificant Defects, as defined in Clause 1.6, and Defects for which there will be a reduction in the Contract Price in accordance with Article 6 Clause 2); and
(iv) the Ship (a) has been cleaned and prepared (in accordance with the Builder’s 's usual practices and to their usual standards for ships of this type) to take on a full complement of passengers, officers, crew and staff, and (b) is in all other respects ready to commence operations as a luxury cruise ship, the Builder shall tender the Ship for delivery to the Buyer safely afloat alongside a safe and accessible quay at the Delivery Port where there must be sufficient water for the Ship always to remain afloat and from where there must be direct, free, unimpeded, safe and lawful access to international waters provided that (a) the Builder shall have given to the Buyer not less than (a) 365 (three hundred and sixty five) days, 180 (one hundred and eighty) days, days and ninety (90) days estimated, followed by 15 (fifteen) days definite, prior written notice of the date on which the Builder in its good faith assessment expects to tender the Ship for delivery to the Buyer in accordance with this Contractdelivery, and (b) 15 (fifteen) days definite prior written notice with effect from service of the date on which 90 (ninety) day estimated notice referred to above, the Builder will tender shall have allowed designated employees of the Ship Star Cruises Group to attend the Shipyard and to be present during tests and for delivery to the Buyer in accordance with this Contractfamiliarisation purposes.
1.2 The Builder shall deliver the Ship to the Buyer free and clear of all encumbrances whatsoever.
1.3 On delivery of the Ship the Builder shall also deliver the following documents (together, the “Delivery Documents”"DELIVERY DOCUMENTS"):
(i) a protocol of delivery and acceptance in a mutually agreed form confirming delivery of the Ship to, and acceptance and taking possession of the Ship by, the Buyer pursuant to this Contract, executed in duplicate by the Builder and stating the date and (local) time of such delivery and acceptance;
(ii) a declaration of warranty by the Builder in a mutually agreed form confirming that the Ship is delivered to the Buyer free and clear of all encumbrances whatsoever (including, without limitation, all liabilities of the Builder to the Refund Guarantors, the Builder’s 's financiers and its subcontractors, and all FIRST ORIGINAL liabilities arising from the construction of the Ship or the operation of the Ship for the purposes of the tests or otherwise before delivery) and that the Ship is absolutely free of all burdens in the nature of imposts, taxes or other charges imposed by the national, provincial, local or port authorities of the country where the Ship was built and (if different) the country in which the Ship is delivered toto the Buyer, executed in triplicate and notarised and legalised in accordance with the Buyer's instructions;
(iii) a detailed inventory showing the machinery and equipment installed on the Ship and the spares, stores and other consumable items delivered with the Ship;
(iv) the makers' certificates, subcontractors' instruction books, and all of the Classification Society, trading and other certificates (each free of conditions, qualifications, recommendations, reservations and restrictions) required to be supplied upon delivery of the Ship pursuant to this Contract and the Specification;
(v) a protocol showing the results of the tests;
(vi) a non-registration or deletion certificate issued by the District Court of Emden, Germany;
(vii) a commercial invoice for the Ship and all other amounts payable by the Buyer on delivery;
(viii) a builder's certificate and a bill of sale, each in a form acceptable to the Buyer, ea▇▇ ▇xecuted in quadruplicate and notarised and legalised in accordance with the Buyer's instructions, and such other written instruments (each notarised and legalised in accordance with the Buyer's instructions) as may be necessary or desirable, in the reasonable opinion of the Buyer, to confirm that full and clean title in the Ship has been vested in the Buyer;
(ix) a full set of the specified construction documents (each in three (3) white prints, one of each of which will be on board the Ship at delivery);
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Delivery and Acceptance. 1.1 The date on which the Ship shall be ready for delivery is October 22, 2015 5 August 2005 (the “"Delivery Date”"). The Ship shall not be delivered before the Delivery Date this date without the express written approval of the Buyer. When:
(i) the Builder has completed the building work in conformity with this Contract, the Plans and the Specification;
(ii) all tests have been performed and completed in a manner satisfactory to the Buyer;
(iii) the Ship has been freed from all Defects (apart from Defects which qualify as minor and insignificant Defects, as defined in Clause clause 1.6, and Defects for which there will be a reduction in the Contract Price in accordance with Article 6 Clause clause 2); and
(iv) the Ship (a) has been cleaned and prepared (in accordance with the Builder’s 's usual practices and to their usual standards for ships of this type) to take on a full complement of passengers, officers, crew and staff, and (b) is in all other respects ready to commence operations as a luxury cruise ship, the Builder shall tender the Ship for delivery to the Buyer safely afloat alongside a safe and accessible quay at the Delivery Port where there must be sufficient water for the Ship always to remain afloat and from where there must be direct, free, unimpeded, safe and lawful access to international waters provided that (a) the Builder shall have given to the Buyer not less than (a) 365 (three hundred and sixty five) days, 180 (one hundred and eighty) days, days and ninety (90) days estimated, followed by 15 (fifteen) days definite, prior written notice of the date on which the Builder in its good faith assessment expects to tender the Ship for delivery to the Buyer in accordance with this Contractdelivery, and (b) 15 (fifteen) days definite prior written notice with effect from service of the date on which 90 (ninety) day estimated notice referred to above, the Builder will tender shall have allowed designated employees of the Ship Star Cruises Group to attend the Shipyard and to be present during tests and for delivery to the Buyer in accordance with this Contractfamiliarisation purposes.
1.2 The Builder shall deliver the Ship to the Buyer free and clear of all encumbrances whatsoever.
1.3 On delivery of the Ship the Builder shall also deliver the following documents (together, the “"Delivery Documents”"):
(i) a protocol of delivery and acceptance in a mutually agreed form confirming delivery of the Ship to, and acceptance and taking possession of the Ship by, the Buyer pursuant to this Contract, executed in duplicate by the Builder and stating the date and (local) time of such delivery and acceptance;
(ii) a declaration of warranty by the Builder in a mutually agreed form confirming that the Ship is delivered to the Buyer free and clear of all encumbrances whatsoever (including, without limitation, all liabilities of the Builder to the Refund Guarantors, the Builder’s financiers and its subcontractors, subcontractors and all liabilities arising from the construction of the Ship or the operation of the Ship for the purposes of the tests or otherwise before deliverytests) and that the Ship is absolutely free of all burdens in the FIRST ORIGINAL nature of imposts, taxes or other charges imposed by the nationalnation, provincialcity, local county, state or port authorities of delivery, executed in triplicate and notarised and legalised in accordance with the Buyer's instructions;
(iii) a detailed inventory showing the machinery and equipment installed on the Ship and the spares, stores and other consumable items delivered with the Ship;
(iv) the makers' certificates, subcontractors' instruction books, and all of the country where Classification Society, trading and other certificates (each free of conditions, qualifications, recommendations, reservations and restrictions) required to be supplied upon delivery of the Ship was built pursuant to this Contract and the Specification;
(if differentv) a protocol showing the country in which results of the tests;
(vi) such documents signed by the Builder as the Buyer may reasonably require to procure the deletion of the Ship is delivered tofrom the Registry of Ships under Construction;
(vii) a commercial invoice for the Ship and all other amounts payable by the Buyer on delivery;
(viii) a builder's certificate and a ▇▇▇▇ of sale, each in a form acceptable to the Buyer, each executed in quadruplicate and notarised and legalised in accordance with the Buyer's instructions, and such other written instruments (each notarised and legalised in accordance with the Buyer's instructions) as may be necessary or desirable, in the reasonable opinion of the Buyer, to confirm that full and clean title in the Ship has been vested in the Buyer;
(ix) a full set of the specified construction documents (each in three (3) white prints, one of each of which will be on board the Ship at delivery);
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Delivery and Acceptance. 1.1 The date on which the Ship shall be ready for delivery is October 22, 2015 at the Shipyard on 16th of November 2009 (the “Delivery Date”). The Ship shall not be delivered before the Delivery Date this date without the express written approval of the Buyer. When:
(i) the Builder has completed the building work Work in conformity compliance with this Contract, the Plans and the Specification;
(ii) all tests have been performed and completed in a manner satisfactory accordance with this Contract, the Plans and the Specification, the parties have agreed the Defects List, and the remedial plan and timetable referred to the Buyerin Article 6, Clause 1.15;
(iii) the Ship has been freed from all Defects (apart from Defects which qualify as minor and insignificant Defects, as defined in Clause 1.6, and Defects for which there will be a reduction in the Contract Price in accordance with Article 6 Clause 2); and
(iv) the Ship (a) has been cleaned and prepared (in accordance with the Builder’s usual practices and to their usual standards for ships of this type) has been cleaned and prepared so that she is ready to take on a full complement of passengers, officers, crew and staff, and (b) is in all other respects ready to commence operations enter service as a luxury passenger cruise ship;
(iv) the Builder has removed from the Ship all unused construction materials and debris, and otherwise left the Ship in a clean and safe ready for sea condition, the Builder shall tender the Ship for delivery to the Buyer safely afloat alongside a safe and accessible quay at the Delivery Port Shipyard where there must be sufficient water for the Ship always to remain afloat and from where there must be direct, free, unimpeded, safe and lawful access to international waters provided that the Builder shall have given to the Buyer not less than 15 (afifteen) 365 (three hundred and sixty five) daysWorking Days definite, 180 (one hundred and eighty) days, ninety (90) days prior written notice of the date on which the Builder in its good faith assessment expects to tender the Ship for delivery to the Buyer in accordance with this Contract, and (b) 15 (fifteen) days definite prior written notice of the date on which the Builder will tender the Ship for delivery to the Buyer in accordance with this Contractdelivery.
1.2 The Builder shall deliver the Ship to the Buyer with full title guarantee, and free and clear of all encumbrances (including, without limitation, all Mortgages) whatsoever.
1.3 On delivery of the Ship the Builder shall also deliver the following documents (together, the “Delivery Documents”):
(i) a protocol Protocol of delivery Delivery and acceptance Acceptance in a mutually agreed the form of Schedule 2 confirming delivery of the Ship to, and acceptance and taking possession of the Ship by, the Buyer pursuant to this Contract, executed in duplicate two original counterparts by the Builder and the Buyer and stating the date and (local) time of such delivery and acceptance;
(ii) a declaration of warranty by the Builder in a mutually agreed form confirming that the Ship is delivered to the Buyer free and clear of all encumbrances whatsoever (including, without limitation, all Mortgages and other obligations and all liabilities of the Builder to the Refund Guarantors, the Builder’s financiers and its subcontractors, and all liabilities arising from the financing, the construction of the Ship or the operation of the Ship for the purposes of the tests or otherwise before delivery) and that the Ship is absolutely free of all burdens in the nature of imposts, taxes or other charges imposed by the national, provincial, local or port authorities of France;
(iii) a detailed inventory showing the country where machinery and equipment installed on the Ship was built and the spares, stores and other consumable items delivered with the Ship;
(iv) the makers’ certificates, Subcontractors’ instruction books, and all of the Classification Society, trading and other certificates (each free of conditions, qualifications, recommendations, reservations and restrictions) required to be supplied upon delivery of the Ship pursuant to this Contract and the Specification, and the Buyer will accept provisional certificates provided that: (a) they do not to any extent impair the Buyer’s ability to register, finance, insure or operate the Ship in its intended service; and (if differentb) the country in which Builder undertakes to deliver fully compliant permanent certificates as soon as they are available from the relevant issuing authority;
(v) a protocol showing the results of the tests;
(vi) a non-registration or deletion certificate issued by the competent French authorities;
(vii) a commercial invoice for the Ship and all other amounts payable by the Buyer on delivery;
(viii) a builder’s certificate in a form acceptable to the Buyer, notarised and legalised in accordance with the Buyer’s instructions, and such other written instruments as may be strictly necessary, to confirm that full and clean title in the Ship has been vested in the Buyer and to enable the Buyer to register the Ship under the Flag State;
(ix) a full set of the drawings, plans and other construction documents provided for in the Specification;
(x) if required by the Buyer’s financiers, such documents as may be necessary to prove the authority of the parties’ respective representatives to sign the documents to be executed on behalf of the Builder and the Buyer in connection with delivery of the Ship.
1.4 Acceptance of the Ship by the Buyer shall be accomplished by:
(i) the signature by the Buyer and the Builder of two (2) original counterparts of the Protocol of Delivery and Acceptance; and
(ii) payment by the Buyer to the Builder of that part of the Contract Price and all other sums that the Buyer is delivered torequired to pay upon delivery of the Ship pursuant to the provisions of this Contract.
1.5 The Buyer shall be afforded five (5) days free of any wharfage or any other charge, and up to three (3) further days at the usual wharfage fee charged by the relevant port authority, within which to remove the Ship from her point of delivery.
1.6 The following consumables remaining on board at delivery of the Ship shall be jointly inventoried by the Builder and the Buyer, and the Buyer shall pay for them at the Builder’s actual cost price: lubricating oils in storage tanks, fresh water, diesel oils and
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