Common use of Extent of BUILDER’s Liability Clause in Contracts

Extent of BUILDER’s Liability. (a) After delivery of the VESSEL the responsibility of the BUILDER in respect of or in connection with the VESSEL or this CONTRACT shall be limited to the extent expressly provided in the Paragraph 4 of this Article. Except as expressly provided in this Paragraph, in no circumstances and on no ground whatsoever shall the BUILDER have any responsibility or liability whatsoever or howsoever arising in respect of or in connection with the VESSEL or this CONTRACT after the delivery of the VESSEL. Further, but without in any way limiting the generality of the foregoing, the BUILDER shall have no liability or responsibility whatsoever or howsoever arising for or in connection with any consequential or special losses, damages or expenses, any liability to any third party or any fine, compensation, penalty or other payment or sanction incurred by or imposed upon the BUYER or any other party whatsoever in relation to or in connection with this CONTRACT or the VESSEL. (b) The BUILDER shall be under no obligation with respect to defects discovered after the expiration of the period of guarantee specified above, nor in any event shall the BUILDER be liable for any worsening of defects after the expiry date of the guarantee (notwithstanding Paragraph 3 of this Article). (c) The BUILDER shall under no circumstances be liable for defects in the VESSEL or any part of equipment thereof caused by perils of the sea, rivers or navigation, or normal wear and tear, or fire or accidents at sea or elsewhere or by mismanagement, accident, negligence, wilful neglect, alteration or addition on the part of the BUYER, its employees or agents on or doing work on the VESSEL, including the VESSEL’s officers, crew and passengers. Likewise, the BUILDER shall not be liable for defects in the VESSEL or any part of equipment thereof that are due to repairs which were made by other than the BUILDER at the discretion of the BUYER as hereinabove provided. (d) The liability of the BUILDER provided for in this Article shall be limited to defects directly caused by defective materials, construction miscalculation and/or poor workmanship as above provided. The BUILDER shall not be obliged to repair, not be liable for, damage to the VESSEL or any part of the equipment thereof, which after delivery of the VESSEL, is caused other than by the defects of the nature specified above. The guarantees contained as hereinabove in this Article replace and exclude any other liability, guarantee, warranty and/or condition imposed or implied by statute, common law, custom or otherwise on the part of the BUILDER by reason of the construction and sale of the VESSEL for and to the BUYER.

Extent of BUILDER’s Liability. (a) After delivery of the VESSEL the responsibility of the BUILDER in respect of or in connection with the VESSEL or this CONTRACT shall be limited to the extent expressly provided in the Paragraph 4 of this Article. Except as expressly provided in this Paragraph, in no circumstances and on no ground whatsoever shall the BUILDER have any responsibility or liability whatsoever or howsoever arising in respect of or in connection with the VESSEL or this CONTRACT after the delivery of the VESSEL. Further, but without in any way limiting the generality of the foregoing, the BUILDER shall have no liability or responsibility whatsoever or howsoever arising for or in connection with any consequential or special losses, damages or expenses, any liability to any third party or any fine, compensation, penalty or other payment or sanction incurred by or imposed upon the BUYER or any other party whatsoever in relation to or in connection with this CONTRACT or the VESSEL. (b) The BUILDER shall be under no obligation with respect to defects discovered after the expiration of the period of guarantee specified above, nor in any event shall the BUILDER be liable for any worsening of defects after the expiry date of the guarantee (notwithstanding Paragraph 3 of this Article). (c) . The BUILDER shall be liable to the BUYER for the defects specified in Paragraph 1 of this ARTICLE provided that such liability of the BUILDER shall be limited to damage occasioned within the guarantee period specified in Paragraph 1 above. The BUILDER shall however be under no circumstances obligation for any remote and/or consequential damages occasioned by any defect or for any loss of time in operating or repairing the VESSEL, or both, caused by any defect. The BUILDER shall not be obliged to repair, or be liable for, damages to the VESSEL, or any part or equipment thereof, which after acceptance of the VESSEL by the BUYER are caused by other than the defects of the nature specified in Paragraph 1 above, nor shall there be any BUILDER's liability hereunder for defects in the VESSEL VESSEL, or any part of or equipment thereof thereof, caused by perils of the sea, rivers or navigation, or normal wear and tear, or fire or accidents at sea or elsewhere subsequent to acceptance of the VESSEL by the BUYER, or by mismanagement, accident, negligence, or wilful neglect, alteration or addition neglect on the part of the BUYER, its employees or agents, or of any persons other than employees, agents or sub-contractors of the BUILDER, on or doing work on on, the VESSEL, including the VESSEL’s 's officers, crew and passengers. Likewise, the BUILDER shall not be liable for defects in the VESSEL VESSEL, or any part of or equipment thereof that thereof, which are due to repairs repairs, which were made by other others than the BUILDER at the discretion direction of the BUYER. Should the facsimile/email advice of defects in guarantee period be noticed by the BUYER as hereinabove provided. (d) The liability to the BUILDER, notwithstanding the nature of such defects being in compliance with the Specifications described in Paragraph 1 of the Article as guarantee item or not, the BUILDER provided for in this Article shall be limited take active measures to defects directly caused by defective materials, construction miscalculation and/or poor workmanship as above providedassist the BUYER to remedy the defects. The BUILDER shall not be obliged to repair, not be liable for, damage to the VESSEL or any part of the equipment thereof, which after delivery of the VESSEL, is caused other than by the defects of the nature specified above. The guarantees guarantee contained as hereinabove in this the Article replace replaces and exclude excludes any other liability, guarantee, warranty and/or condition imposed or implied by statute, common the law, custom customary, statutory or otherwise on the part of the BUILDER by reason of otherwise, applying to the construction and sale of the VESSEL by the BUILDER for and to the BUYER. The BUYER shall be entitled on or after delivery and acceptance of the VESSEL to assign its rights under this Article to any purchaser or bareboat charterer or financier of the VESSEL with the prior written consent of the BUILDER which shall not be unreasonably withheld. Notice of any such assignment shall be given by the BUYER to the BUILDER. In case of an assignment, the BUYER shall remain liable under this Contract.

Extent of BUILDER’s Liability. (a) After delivery of the VESSEL the responsibility of the BUILDER in respect of or in connection with the VESSEL or this CONTRACT shall be limited to the extent expressly provided in the Paragraph 4 of this Article. Except as expressly provided in this Paragraph, in no circumstances and on no ground whatsoever shall the BUILDER have any responsibility or liability whatsoever or howsoever arising in respect of or in connection with the VESSEL or this CONTRACT after the delivery of the VESSEL. Further, but without in any way limiting the generality of the foregoing, the BUILDER shall have no liability or responsibility whatsoever or howsoever arising for or in connection with any consequential or special losses, damages or expenses, any liability to any third party or any fine, compensation, penalty or other payment or sanction incurred by or imposed upon the BUYER or any other party whatsoever in relation to or in connection with this CONTRACT or the VESSEL. (b) The BUILDER shall be under no obligation with respect to defects discovered after the expiration of the period Guaranteed Period specified above. The BUILDER shall be liable to the BUYER for the defects specified in Paragraph 1 of guarantee this ARTICLE provided that such liability of the BUILDER shall be limited to damage occasioned within the Guarantee Period specified in Paragraph 1 above. The BUILDER shall however be under no obligation for any remote and/or consequential damages occasioned by any defect or for any loss of time in operating or repairing the VESSEL, or both, caused by any defect. The BUILDER shall not be obliged to repair, or be liable for, damages to the VESSEL, or any part or equipment thereof, which after acceptance of the VESSEL by the BUYER are caused by other than the defects of the nature specified in Paragraph 1 above, nor in shall there be any event shall the BUILDER be liable for any worsening of defects after the expiry date of the guarantee (notwithstanding Paragraph 3 of this Article). (c) The BUILDER shall under no circumstances be liable BUILDER’s liability hereunder for defects in the VESSEL VESSEL, or any part of or equipment thereof thereof, caused by perils of the sea, rivers or navigation, or normal wear and tear, or fire or accidents at sea or elsewhere subsequent to acceptance of the VESSEL by the BUYER, or by mismanagement, accident, negligence, wilful neglect, alteration or addition willful neglect on the part of the BUYER, its employees or agents, or of any persons other than employees, agents or subcontractors of the BUILDER, on or doing work on on, the VESSEL, including the VESSEL’s officers, crew and passengers, other than the BUILDER, its employees, agents or subcontractors. Likewise, the BUILDER shall not be liable for defects in the VESSEL VESSEL, or any part of or equipment thereof thereof, that are due to repairs repairs, which were made by other others than the BUILDER and/or its subcontractors or with prior consent of the BUILDER at the discretion direction of the BUYER, as hereinabove, except in the event of default by the BUILDER of its obligations under Paragraph 3 of this Article. Should the facsimile advice of defects in guarantee period be noticed by the BUYER as hereinabove provided. (d) The liability to the BUILDER, notwithstanding the nature of such defects being in compliance with the Specifications described in Paragraph 1 of the Article as guarantee item or not, the BUILDER provided for shall take active measures to assist the BUYER to remedy the defects in this Article shall be limited to defects directly caused by defective materials, construction miscalculation and/or poor workmanship as above providedthe quickest way. The BUILDER shall not be obliged to repair, not be liable for, damage to the VESSEL or any part of the equipment thereof, which after delivery of the VESSEL, is caused other than by the defects of the nature specified above. The guarantees guarantee contained as hereinabove in this Article replace (the “Guarantee”) replaces and exclude excludes any other liability, guarantee, warranty and/or condition imposed or implied by statute, common the law, custom customary, statutory or otherwise on the part of the BUILDER by reason of otherwise, applying to the construction and sale of the VESSEL by the BUILDER for and to the BUYER.

Extent of BUILDER’s Liability. (a) After delivery of the VESSEL the responsibility of the BUILDER in respect of or in connection with the VESSEL or this CONTRACT shall be limited to the extent expressly provided in the Paragraph 4 of this Article. Except as expressly provided in this Paragraph, in no circumstances and on no ground whatsoever shall the BUILDER have any responsibility or liability whatsoever or howsoever arising in respect of or in connection with the VESSEL or this CONTRACT after the delivery of the VESSEL. Further, but without in any way limiting the generality of the foregoing, the BUILDER shall have no liability or responsibility whatsoever or howsoever arising for or in connection with any consequential or special losses, damages or expenses, any liability to any third party or any fine, compensation, penalty or other payment or sanction incurred by or imposed upon the BUYER or any other party whatsoever in relation to or in connection with this CONTRACT or the VESSEL. (b) The BUILDER shall be under no obligation with respect to defects discovered after the expiration of the period of guarantee specified above, nor in any event shall the BUILDER be liable for any worsening of defects after the expiry date of the guarantee (notwithstanding Paragraph 3 of this Article). (c) . The BUILDER shall be liable to the BUYER for the defects specified in Paragraph 1 of this ARTICLE provided that such liability of the BUILDER shall be limited to damage occasioned within the guarantee period specified in Paragraph 1 above. The BUILDER shall however be under no circumstances obligation for any remote and/or consequential damages occasioned by any defect or for any loss of time in operating or repairing the VESSEL, or both, caused by any defect. The BUILDER shall not be obliged to repair, or be liable for, damages to the VESSEL, or any part or equipment thereof, which after acceptance of the VESSEL by the BUYER are caused by other than the defects of the nature specified in Paragraph 1 above, nor shall there be any BUILDER’s liability hereunder for defects in the VESSEL VESSEL, or any part of or equipment thereof thereof, caused by perils of the sea, rivers or navigation, or normal wear and tear, or fire or accidents at sea or elsewhere subsequent to acceptance of the VESSEL by the BUYER, or by mismanagement, accident, negligence, or wilful neglect, alteration or addition neglect on the part of the BUYER, its employees or agents, or of any persons other than employees, agents or sub-contractors of the BUILDER, on or doing work on on, the VESSEL, including the VESSEL’s officers, crew and passengers. Likewise, the BUILDER shall not be liable for defects in the VESSEL VESSEL, or any part of or equipment thereof that thereof, which are due to repairs repairs, which were made by other others than the BUILDER at the discretion direction of the BUYER. Should the facsimile advice of defects in guarantee period be noticed by the BUYER as hereinabove provided. (d) The liability to the BUILDER, notwithstanding the nature of such defects being in compliance with the Specifications described in Paragraph 1 of the Article as guarantee item or not, the BUILDER provided for in this Article shall be limited take active measures to defects directly caused by defective materials, construction miscalculation and/or poor workmanship as above providedassist the BUYER to remedy the defects. The BUILDER shall not be obliged to repair, not be liable for, damage to the VESSEL or any part of the equipment thereof, which after delivery of the VESSEL, is caused other than by the defects of the nature specified above. The guarantees guarantee contained as hereinabove in this the Article replace replaces and exclude excludes any other liability, guarantee, warranty and/or condition imposed or implied by statute, common the law, custom customary, statutory or otherwise on the part of the BUILDER by reason of otherwise, applying to the construction and sale of the VESSEL by the BUILDER for and to the BUYER.

Extent of BUILDER’s Liability. (a) After delivery of the VESSEL the responsibility of the BUILDER in respect of or in connection with the VESSEL or this CONTRACT shall be limited to the extent expressly provided in the Paragraph 4 of this Article. Except as expressly provided in this Paragraph, in no circumstances and on no ground whatsoever shall the BUILDER have any responsibility or liability whatsoever or howsoever arising in respect of or in connection with the VESSEL or this CONTRACT after the delivery of the VESSEL. Further, but without in any way limiting the generality of the foregoing, the BUILDER shall have no liability or responsibility whatsoever or howsoever arising for or in connection with any consequential or special losses, damages or expenses, any liability to any third party or any fine, compensation, penalty or other payment or sanction incurred by or imposed upon the BUYER or any other party whatsoever in relation to or in connection with this CONTRACT or the VESSEL. (b) The BUILDER shall be under no obligation with respect to defects discovered after the expiration of the period of guarantee specified above, nor in any event shall the BUILDER be liable for any worsening of defects after the expiry date of the guarantee (notwithstanding Paragraph 3 of this Article). (c) . The BUILDER shall be liable to the BUYER for the defects specified in Paragraph 1 of this ARTICLE provided that such liability of the BUILDER shall be limited to damage occasioned within the guarantee period specified in Paragraph 1 above. The BUILDER shall however be under no circumstances obligation for any remote and/or consequential damages occasioned by any defect or for any loss of time in operating or repairing the VESSEL, or both, caused by any defect. The BUILDER shall not be obliged to repair, or be liable for, damages to the VESSEL, or any part or equipment thereof, which after acceptance of the VESSEL by the BUYER are caused by other than the defects of the nature specified in Paragraph 1 above, nor shall there be any BUILDER’s liability hereunder for defects in the VESSEL VESSEL, or any part of or equipment thereof thereof, caused by perils of the sea, rivers or navigation, or normal wear and tear, or fire or accidents at sea or elsewhere subsequent to acceptance of the VESSEL by the BUYER, or by mismanagement, accident, negligence, or wilful neglect, alteration or addition neglect on the part of the BUYER, its employees or agents, or of any persons other than employees, agents or sub-contractors of the BUILDER, on or doing work on on, the VESSEL, including the VESSEL’s officers, crew and passengers. Likewise, the BUILDER shall not be liable for defects in the VESSEL VESSEL, or any part of or equipment thereof that are thereof, which arc due to repairs repairs, which were made by other others than the BUILDER at the discretion direction of the BUYER. Should the facsimile advice of defects in guarantee period be noticed by the BUYER as hereinabove provided. (d) The liability to the BUILDER, notwithstanding the nature of such defects being in compliance with the Specifications described in Paragraph 1 of the Article as guarantee item or not, the BUILDER provided for in this Article shall be limited take active measures to defects directly caused by defective materials, construction miscalculation and/or poor workmanship as above providedassist the BUYER to remedy the defects. The BUILDER shall not be obliged to repair, not be liable for, damage to the VESSEL or any part of the equipment thereof, which after delivery of the VESSEL, is caused other than by the defects of the nature specified above. The guarantees guarantee contained as hereinabove in this the Article replace replaces and exclude excludes any other liability, guarantee, warranty and/or condition imposed or implied by statute, common the law, custom customary, statutory or otherwise on the part of the BUILDER by reason of otherwise, applying to the construction and sale of the VESSEL by the BUILDER for and to the BUYER.