Common use of RESPONSIBILITY OF THE BUYER Clause in Contracts

RESPONSIBILITY OF THE BUYER. The BUYER shall, at its cost and expense, supply all the BUYER's supplies as specified in Paragraph 0.16 of the SPECIFICATIONS (hereinafter called the "BUYER'S SUPPLIES"), to the BUILDER at the SHIPYARD in good condition ready for installation and in accordance with the time schedule to be furnished by the BUILDER to meet the building schedule of the VESSEL. In order to facilitate the installation of the BUYER'S SUPPLIES by the BUILDER, the BUYER shall furnish the BUILDER with the necessary plans, instruction books, test report and all test certificates required by the BUILDER and shall cause the representative(s) of the makers of the BUYER'S SUPPLIES to give the BUILDER any advice, instructions or assistance which the BUILDER may reasonably require in the installation or adjustment thereof at the SHIPYARD, all without cost or expense to the BUILDER. The BUYER shall be liable for any expense incurred by the BUILDER for repair of the BUYER'S SUPPLIES due to defective design or materials, poor workmanship or performance or due to damage in transit and the DELIVERY DATE of the VESSEL shall be extended for the period of such repair if such repair shall affect the delivery of the VESSEL. Commissioning into good order of the BUYER'S SUPPLIES during and after installation on board shall be made at the BUYER's expense by the representative of respective maker or the person designated by the BUYER in accordance with the BUILDER's building schedule. Should the BUYER fail to deliver to the BUILDER the BUYER'S SUPPLIES and the necessary document or advice for such supplies within the time specified by the BUILDER, the DELIVERY DATE of the VESSEL shall automatically be extended for the period of such delay if such delay in delivery shall affect the delivery of the VESSEL. In such event, the BUYER shall pay to the BUILDER all losses and damages sustained by the BUILDER due to such delay in the delivery of the BUYER'S SUPPLIES and such payment shall be made upon delivery of the VESSEL, provided, however, that the BUILDER shall have (a) furnished the BUYER with the time schedule referred to above, two (2) months prior to installation of the BUYER'S SUPPLIES and (b) given the BUYER written notice of any delay in delivery of the BUYER'S SUPPLIES and the necessary document or advice for such supplies as soon as the delay occurs which might give rise to a claim by the BUILDER under this Paragraph. Furthermore, if the delay in delivery of the BUYER'S SUPPLIES and the necessary document or advice for such supplies should exceed ten (10) days from the date specified by the BUILDER, the BUILDER shall be entitled to proceed with construction of the VESSEL without installation of such items (regardless of their nature or importance to the BUYER or the VESSEL) in or on the VESSEL without prejudice to the BUILDER's right hereinabove provided, and the BUYER shall accept the VESSEL so completed.

Appears in 9 contracts

Sources: Shipbuilding Contract (DHT Holdings, Inc.), Shipbuilding Contract (DHT Holdings, Inc.), Shipbuilding Contract (DHT Holdings, Inc.)

RESPONSIBILITY OF THE BUYER. The BUYER shall, at its cost shall undertake and expense, supply all assure that the BUYER's supplies as specified in Paragraph 0.16 of the SPECIFICATIONS (hereinafter called the "BUYER'S SUPPLIES"), to the BUILDER at the SHIPYARD in good condition ready for installation and ’S REPRESENTATIVE shall carry out his duties hereunder in accordance with the time schedule normal shipbuilding practice and in such a way so as to be furnished by avoid any unnecessary and unreasonable increase in building cost, delay in the BUILDER to meet construction of the building VESSEL, and/or any disturbance in the construction schedule of the VESSELBUILDER. In order The BUILDER has the right to facilitate request the installation BUYER to replace the BUYER’S REPRESENTATIVE who is deemed unsuitable and unsatisfactory for the proper progress of the BUYER'S SUPPLIES VESSEL’s construction. The BUYER shall investigate the situation by sending its representative (s) to the SHIPYARD, if necessary, and if the BUYER considers that such BUILDER’s request is justified, the BUYER shall furnish the BUILDER with the necessary planseffect such replacement as soon as conveniently arrangeable. The BUILDER’s employees, instruction booksagents, test report subcontractors and so forth shall at all test certificates required by the BUILDER and shall cause the representative(s) of the makers of the BUYER'S SUPPLIES to give the BUILDER any advice, instructions or assistance which the BUILDER may reasonably require in the installation or adjustment thereof at the SHIPYARD, all without cost or expense to times remain under the BUILDER’s responsibility. The BUYER shall not be liable for any expense incurred by the BUILDER for repair of the BUYER'S SUPPLIES due to defective design or materials, poor workmanship or performance or due to damage in transit and the DELIVERY DATE of the VESSEL shall be extended for the period of such repair if such repair shall affect the delivery of the VESSEL. Commissioning into good order of the BUYER'S SUPPLIES during and after installation on board shall be made at the BUYER's expense by the representative of respective maker or the person designated by the BUYER in accordance with the BUILDER's building schedule. Should the BUYER fail to deliver to the BUILDER the BUYER'S SUPPLIES and the necessary document or advice for such supplies within the time specified by the BUILDER, or the DELIVERY DATE BUILDER’s employees, agents, subcontractors and so forth for personal injuries, including death, during the time they, or any of the VESSEL shall automatically be extended for the period of such delay if such delay in delivery shall affect the delivery of them, are on the VESSEL. In such event, or within the BUYER shall pay to premises of either the BUILDER all losses or his subcontractors, or are otherwise engaged in and damages sustained by about the BUILDER due to such delay in the delivery of the BUYER'S SUPPLIES and such payment shall be made upon delivery construction of the VESSEL, providedunless, however, that such personal injuries, including death are caused by the BUILDER shall have (a) furnished the BUYER with the time schedule referred to above, two (2) months prior to installation gross negligence of the BUYER'S SUPPLIES and (b) given , its employees including the BUYER’S REPRESENTATIVE and his assistants or agents. The BUYER written notice shall not be liable to the BUILDER, or the BUILDER’s employees, agents, subcontractors and so forth for damages to, or loss or destruction of any delay in delivery property of the BUILDER, or the BUILDER’s employees, agent, subcontractors and so forth unless such damages, loss or destruction were caused by the gross negligence of the BUYER'S SUPPLIES and the necessary document , or advice for such supplies as soon as the delay occurs which might give rise to a claim by the BUILDER under this Paragraph. Furthermore, if the delay in delivery of the BUYER'S SUPPLIES and the necessary document its employees or advice for such supplies should exceed ten (10) days from the date specified by the BUILDER, the BUILDER shall be entitled to proceed with construction of the VESSEL without installation of such items (regardless of their nature or importance to the BUYER or the VESSEL) in or on the VESSEL without prejudice to the BUILDER's right hereinabove provided, and the BUYER shall accept the VESSEL so completedagents.

Appears in 6 contracts

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

RESPONSIBILITY OF THE BUYER. The BUYER shall, at its own risk, cost and expense, supply all the BUYER's ’s supplies as specified in Paragraph 0.16 0.16.1 of the SPECIFICATIONS (hereinafter called the "BUYER'S ’S SUPPLIES"), to the BUILDER at the SHIPYARD in good proper condition ready for installation and in accordance with the time schedule to be furnished by the BUILDER to meet the building schedule of the VESSELsixty (60) days from signing this Contract. In order to facilitate the installation of the BUYER'S ’S SUPPLIES by the BUILDER, the BUYER shall furnish the BUILDER with the necessary plans, instruction books, test report and all test certificates required by the BUILDER and shall cause the representative(s) of the makers of the BUYER'S ’S SUPPLIES to give the BUILDER any advice, instructions or assistance which the BUILDER may reasonably require in the installation or adjustment thereof at the SHIPYARD, all without cost or expense to the BUILDER. The BUYER shall be liable for any expense incurred by the BUILDER for repair of the BUYER'S ’S SUPPLIES due to defective design or materials, poor workmanship or performance or due to damage in transit and the DELIVERY DATE of the VESSEL shall be extended for the period of such repair if such repair shall affect the delivery of the VESSEL. Commissioning into good order of the BUYER'S ’S SUPPLIES during and after installation on board shall be made at the BUYER's ’s expense by the representative of respective maker or the person designated by the BUYER in accordance with the BUILDER's ’s building schedule. Should the BUYER fail to deliver to the BUILDER the BUYER'S ’S SUPPLIES and the necessary document or advice for such supplies within the time specified by the BUILDER, the DELIVERY DATE of the VESSEL shall automatically be extended for the period of such delay if such delay in delivery shall affect the delivery of the VESSEL. In such event, the BUYER shall pay to the BUILDER all losses and damages sustained by the BUILDER due to such delay in the delivery of the BUYER'S ’S SUPPLIES and such payment shall be made upon delivery of the VESSEL, provided, however, that the BUILDER shall havehave : (a) furnished the BUYER with the time schedule referred to above, two (2) months prior to installation of the BUYER'S ’S SUPPLIES and (b) given the BUYER written notice of any delay in delivery of the BUYER'S ’S SUPPLIES and the necessary document or advice for such supplies as soon as the delay occurs which might give rise to a claim by the BUILDER under this Paragraph. Furthermore, if the delay in delivery of the BUYER'S ’S SUPPLIES and the necessary document or advice for such supplies should exceed ten twenty (1020) days from the date specified by the BUILDER, the BUILDER shall be entitled to proceed with construction of the VESSEL without installation of such items (regardless of their nature or importance to the BUYER or the VESSEL) in or on the VESSEL without prejudice to the BUILDER's ’s right hereinabove provided, and the BUYER shall accept the VESSEL so completed.

Appears in 5 contracts

Sources: Shipbuilding Contract (Danaos Corp), Shipbuilding Contract (Danaos Corp), Shipbuilding Contract (Danaos Corp)

RESPONSIBILITY OF THE BUYER. The BUYER shall, at its cost and expense, supply all of the BUYER's supplies items to be furnished by the Buyer as specified in Paragraph 0.16 of the SPECIFICATIONS (hereinafter called the "BUYER'S ’S SUPPLIES"), to the BUILDER at the SHIPYARD in good perfect condition ready for installation and in accordance with the time schedule to be furnished by the BUILDER to meet the they building schedule of the VESSEL. In order to facilitate the installation of the BUYER'S ’S SUPPLIES by the BUILDER, the BUYER shall furnish the BUILDER with the necessary plans, instruction books, test report and all test certificates required by the BUILDER and shall cause the representative(s) of the makers of the BUYER'S ’S SUPPLIES to give the BUILDER any advice, instructions or assistance which the BUILDER may reasonably require in the installation or adjustment thereof at the SHIPYARD, all without cost or expense to the BUILDER. The BUYER shall be liable for any expense incurred by the BUILDER for repair of the BUYER'S ’S SUPPLIES due to defective design or materials, poor workmanship or performance or due to damage in transit and the DELIVERY DATE of the VESSEL shall be extended for the period of such repair if such repair shall affect the delivery of the VESSEL. Commissioning If necessary, the commissioning into good order of the BUYER'S ’S SUPPLIES during and after installation on board shall be made at the BUYER's ’s expense by the representative of respective maker or the person designated by the BUYER in accordance with the BUILDER's ’s building schedule. Should the BUYER fail to deliver to the BUILDER the BUYER'S ’S SUPPLIES and the necessary document or advice for such supplies within the time specified by the BUILDER, the DELIVERY DATE of the VESSEL shall automatically be extended for the period of such delay if such delay in delivery shall affect the delivery of the VESSEL. In such event, the BUYER shall pay to the BUILDER all losses and damages sustained by the BUILDER directly related to the VESSEL due to such delay in the delivery of the BUYER'S ’S SUPPLIES and such payment shall be made upon delivery of the VESSEL, provided, however, that the BUILDER shall have: (a) furnished the BUYER with the time schedule referred to above, two (2) months prior to installation of the BUYER'S ’S SUPPLIES and (b) given the BUYER written notice of any delay in delivery of the BUYER'S ’S SUPPLIES and the necessary document or advice for such supplies as soon as the delay occurs which might give rise to a claim by the BUILDER under this Paragraph. Furthermore, if the delay in delivery of the BUYER'S ’S SUPPLIES and the necessary document or advice for such supplies should exceed ten (10) days from the date specified by the BUILDER, the BUILDER shall be entitled to proceed with construction of the VESSEL without installation of such items (regardless of their nature or importance to the BUYER or the VESSEL) in or on the VESSEL without prejudice to the BUILDER's right ’s rights as hereinabove provided, and the BUYER shall accept the VESSEL so completed.

Appears in 4 contracts

Sources: Shipbuilding Contract (Quintana Maritime LTD), Shipbuilding Contract (Quintana Maritime LTD), Shipbuilding Contract (Quintana Maritime LTD)

RESPONSIBILITY OF THE BUYER. (i) The BUYER shall, at its cost Buyer shall undertake and expense, supply all assure that the BUYER's supplies as specified in Paragraph 0.16 of the SPECIFICATIONS (hereinafter called the "BUYER'S SUPPLIES"), to the BUILDER at the SHIPYARD in good condition ready for installation and Buyer’s Representative shall carry out his duties hereunder in accordance with the time schedule normal international shipbuilding practice and in such way so as to be furnished by avoid any unnecessary increase in building cost, delay in the BUILDER to meet construction of the building Vessel and/or any disturbance in the construction schedule of the VESSELBuilder. In order to facilitate the installation The Buyer’s Representative shall carry out inspection of the BUYER'S SUPPLIES by Vessel during the BUILDER, the BUYER shall furnish the BUILDER with the necessary plans, instruction books, test report and all test certificates required by the BUILDER and shall cause the representative(s) whole period of the makers construction including Saturdays and Sundays. The Builder shall endeavour to carry out inspections in normal working hours. Tests beyond normal working hours shall be treated as the exception, necessary for the timely construction of the BUYER'S SUPPLIES to give the BUILDER any advice, instructions or assistance which the BUILDER may reasonably require in the installation or adjustment thereof at the SHIPYARD, all without cost or expense to the BUILDER. The BUYER shall be liable for any expense incurred by the BUILDER for repair of the BUYER'S SUPPLIES due to defective design or materials, poor workmanship or performance or due to damage in transit and the DELIVERY DATE of the VESSEL shall be extended for the period of such repair if such repair shall affect the delivery of the VESSEL. Commissioning into good order of the BUYER'S SUPPLIES during and after installation on board shall be made at the BUYER's expense by the representative of respective maker or the person designated by the BUYER in accordance with the BUILDER's building schedule. Should the BUYER fail to deliver to the BUILDER the BUYER'S SUPPLIES and the necessary document or advice for such supplies within the time specified by the BUILDER, the DELIVERY DATE of the VESSEL shall automatically be extended for the period of such delay if such delay in delivery shall affect the delivery of the VESSELvessel. In such eventcases the Builder will provide transport to and from the Shipyard for the Supervisor free of charge. The Builder has the right to reasonably request the Buyer to replace the Buyer’s Representative who is deemed unsuitable and unsatisfactory for the proper progress of the Vessel’s construction. The Buyer shall investigate the situation by sending another representative to the Shipyard if necessary, and if the Buyer considers that such Builder’s notice is justified, the BUYER Buyer shall pay effect a replacement as soon as conveniently arrangeable. (ii) The Builder’s employees, agents, subcontractors and so forth shall at all times remain as the employees of the Builder. The Buyer shall not be liable to the BUILDER all losses Builder, or the Builder’s employees, agents, subcontractors and damages sustained by so forth for personal injuries, including death, during the BUILDER due to such delay time they, or any of them, are on the Vessel, or within the premises of either the Builder or his subcontractors, or are otherwise engaged in and about the delivery construction of the BUYER'S SUPPLIES and such payment shall be made upon delivery of the VESSELVessel, providedunless, however, that such personal injuries, including death are caused by the BUILDER shall have (a) furnished the BUYER with the time schedule referred to above, two (2) months prior to installation negligence of the BUYER'S SUPPLIES and (b) given Buyer, its employees or agents. The Buyer shall not be liable to the BUYER written notice Builder, or the Builder’s employees, agents, subcontractors and so forth for damages to, or loss or destruction of any delay in delivery property of the BUYER'S SUPPLIES Builder, or the Builder’s employees, agent, subcontractors and the necessary document so forth unless such damages, loss or advice for such supplies as soon as the delay occurs which might give rise to a claim destruction were caused by the BUILDER under this Paragraph. Furthermore, if the delay in delivery negligence of the BUYER'S SUPPLIES and the necessary document Buyer, or advice for such supplies should exceed ten (10) days from the date specified by the BUILDER, the BUILDER shall be entitled to proceed with construction of the VESSEL without installation of such items (regardless of their nature its employees or importance to the BUYER or the VESSEL) in or on the VESSEL without prejudice to the BUILDER's right hereinabove provided, and the BUYER shall accept the VESSEL so completedagents.

Appears in 4 contracts

Sources: Shipbuilding Contract (Ardmore Shipping Corp), Shipbuilding Contract (Ardmore Shipping Corp), Shipbuilding Contract (Ardmore Shipping Corp)

RESPONSIBILITY OF THE BUYER. The BUYER shall, at its cost and expense, supply all the BUYER's ’s supplies as specified mentioned in Paragraph 0.16 of the SPECIFICATIONS SPECIFICATIONS, if any, (hereinafter called the "BUYER'S ’S SUPPLIES"), to the BUILDER at the SHIPYARD in good perfect condition ready for installation and in accordance with the time schedule to be furnished by the BUILDER to meet the building schedule of the VESSEL. In order to facilitate the installation of the BUYER'S ’S SUPPLIES by the BUILDER, the BUYER shall furnish the BUILDER with the necessary plans, instruction books, test report and all test certificates required by the BUILDER and shall cause the representative(s) of the makers of the BUYER'S ’S SUPPLIES to give the BUILDER any advice, instructions or assistance which the BUILDER may reasonably require in the installation or adjustment thereof at the SHIPYARD, all without cost or expense to the BUILDER. The BUYER shall be liable for any expense incurred by the BUILDER for repair of the BUYER'S ’S SUPPLIES due to defective design or materials, poor workmanship or performance or due to damage in transit and the DELIVERY DATE of the VESSEL shall be extended for the period of such repair if such repair shall affect the delivery of the VESSEL. Commissioning into good order of the BUYER'S ’S SUPPLIES during and after installation on board shall be made at the BUYER's ’s expense by the representative of respective maker or of the person designated by the BUYER in accordance with the BUILDER's ’s building schedule. Should the BUYER fail to deliver to the BUILDER the BUYER'S ’S SUPPLIES and the necessary document or advice for such supplies within the time specified by the BUILDER, the DELIVERY DATE of the VESSEL shall automatically be extended for the period of such delay if such delay in delivery shall affect the delivery of the VESSEL. In such event, the BUYER shall pay to the BUILDER all losses and damages sustained by the BUILDER due to such delay in the delivery of the BUYER'S ’S SUPPLIES and such payment shall be made upon delivery of the VESSEL, provided, however, that the BUILDER shall havehave : (a) furnished the BUYER with the time schedule referred to above, two (2) months prior to installation of the BUYER'S ’S SUPPLIES and (b) given the BUYER written notice of any delay in delivery of the BUYER'S ’S SUPPLIES and the necessary document or advice for such supplies as soon as the delay occurs which might give rise to a claim by the BUILDER under this Paragraph. Furthermore, if the delay in delivery of the BUYER'S ’S SUPPLIES and the necessary document or advice for such supplies should exceed ten (10) days from the date specified by the BUILDER, the BUILDER shall be entitled to proceed with construction of the VESSEL without installation of such items (regardless of their nature or importance to the BUYER or the VESSEL) in or on the VESSEL without prejudice to the BUILDER's ’s right hereinabove provided, and the BUYER shall accept the VESSEL so completed.

Appears in 3 contracts

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

RESPONSIBILITY OF THE BUYER. The BUYER shall, at its cost and expense, supply all the BUYER's supplies ’S SUPPLIES as specified in Paragraph 0.16 0.15 of the FULL SPECIFICATIONS (hereinafter called the "BUYER'S ’S SUPPLIES"), to the BUILDER at the SHIPYARD in good proper condition ready for installation and in accordance with the time schedule to be furnished to the BUYER by the BUILDER to meet the building schedule of the VESSEL. In order to facilitate the installation of the BUYER'S ’S SUPPLIES by the BUILDER, the BUYER shall furnish the BUILDER with the necessary plans, instruction books, test report and all test certificates required by the BUILDER and shall cause the representative(s) of the makers of the BUYER'S ’S SUPPLIES to give the BUILDER any advice, instructions or assistance which the BUILDER may reasonably require in the installation or adjustment thereof at the SHIPYARD, all without cost or expense to the BUILDER. The BUYER shall be liable for any expense incurred by the BUILDER for repair of the BUYER'S ’S SUPPLIES due to defective design or materials, poor workmanship or performance or due to damage in transit and the DELIVERY DATE of the VESSEL shall be extended for the period of such repair if such repair shall affect the delivery of the VESSEL. Commissioning into good order of the BUYER'S ’S SUPPLIES during and after installation on board shall be made at the BUYER's ’s expense by the representative of respective maker or the person designated by the BUYER in accordance with the BUILDER's ’s building schedule. Should the BUYER fail to deliver to the BUILDER the BUYER'S ’S SUPPLIES and the necessary document or advice for such supplies within the time specified by the BUILDER, the DELIVERY DATE of the VESSEL shall automatically be extended for the period of such delay if such delay in delivery shall affect the delivery of the VESSEL. In such event, the BUYER shall pay to the BUILDER all losses and damages sustained by the BUILDER due to such delay in the delivery of the BUYER'S ’S SUPPLIES and such payment shall be made upon delivery of the VESSEL, provided, however, that the BUILDER shall havehave : (a) furnished the BUYER with the time schedule referred to above, two (2) months prior to installation of the BUYER'S ’S SUPPLIES and (b) given the BUYER written notice of any delay in delivery of the BUYER'S ’S SUPPLIES and the necessary document or advice for such supplies as soon as the delay occurs which might give rise to a claim by the BUILDER under this Paragraph. Furthermore, if the delay in delivery of the BUYER'S ’S SUPPLIES and the necessary document or advice for such supplies should exceed ten twenty (1020) days from the date specified by the BUILDER, the BUILDER shall be entitled to proceed with construction of the VESSEL without installation of such items (regardless of their nature or importance to the BUYER or the VESSEL) in or on the VESSEL without prejudice to the BUILDER's ’s right hereinabove provided, and the BUYER shall accept the VESSEL so completed.

Appears in 3 contracts

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

RESPONSIBILITY OF THE BUYER. (a) The BUYER shall, at its own risk, cost and expense, supply and deliver to the SHIPYARD all of the BUYER's supplies items to be furnished by the BUYER as specified in Paragraph 0.16 the Specifications (herein called throughout this Contract the “BUYER’s Supplies”) at the warehouse or other storage of the SPECIFICATIONS (hereinafter called the "BUYER'S SUPPLIES"), to the BUILDER at the SHIPYARD in good the proper condition ready for installation and in or on the VESSEL, in accordance with the time schedule to be furnished designated by the BUILDER to meet the building schedule of the VESSEL. BUILDER. (b) In order to facilitate installation by the installation BUILDER of the BUYER'S SUPPLIES by ’s Supplies in or on the BUILDERVESSEL, the BUYER shall furnish the BUILDER with the necessary specifications, plans, drawings, instruction books, manuals, test report reports and all test certificates required by the rules and regulations. The BUYER, if so requested by the BUILDER and shall in writing, shall, without any charge to the BUILDER, cause the representative(s) representatives of the makers manufacturers of the BUYER'S SUPPLIES ’s Supplies to give assist the BUILDER any advice, instructions in installation thereof in or assistance which on the BUILDER may reasonably require in the VESSEL and/or to carry out installation thereof by themselves or adjustment to make necessary adjustments thereof at the SHIPYARD, . (c) Any and all without cost or expense of the BUYER’s Supplies shall be subject to the BUILDER’s reasonable right of rejection, as and if they are found to be unsuitable or in improper condition for installation. The However, if so requested by the BUYER, the BUILDER shall repair or adjust the BUYER’s Supplies without prejudice to the BUILDER’s other rights hereunder and without being responsible for any consequences therefrom. In such case, the BUYER shall be liable reimburse the BUILDER for any expense all costs and expenses incurred by the BUILDER for in such repair of the BUYER'S SUPPLIES due to defective design or materials, poor workmanship or performance or due to damage in transit adjustment and the DELIVERY DATE of the VESSEL Delivery Date shall be extended postponed for the a period of time necessary for such repair or replacement, if such repair shall affect the delivery of the VESSEL. Commissioning into good order of the BUYER'S SUPPLIES during and after installation on board shall be made at the BUYER's expense by the representative of respective maker or the person designated by the BUYER in accordance with the BUILDER's building schedule. BUILDER requests. (d) Should the BUYER fail to deliver to the BUILDER any of the BUYER'S SUPPLIES and the necessary document or advice for such supplies ’s Supplies within the time specified designated by the BUILDER, the DELIVERY DATE of the VESSEL Delivery Date shall be automatically be extended for the a period of such delay if in delivery, provided that such delay in delivery shall affect the delivery of the VESSEL. In such event, the BUYER shall be responsible and pay to the BUILDER for all losses and damages sustained incurred by the BUILDER due to by reason of such delay in the delivery of the BUYER'S SUPPLIES ’s Supplies and such payment shall be made upon delivery of the VESSEL, provided, however, that the BUILDER shall have (a) furnished the BUYER with the time schedule referred to above, two (2) months prior to installation of the BUYER'S SUPPLIES and (b) given the BUYER written notice of any . If delay in delivery of the BUYER'S SUPPLIES and the necessary document or advice for such supplies as soon as the delay occurs which might give rise to a claim by the BUILDER under this Paragraph. Furthermore, if the delay in delivery any of the BUYER'S SUPPLIES and the necessary document or advice for such supplies should exceed ten ’s Supplies exceeds thirty (1030) days from the date specified by the BUILDERdays, then, the BUILDER shall be entitled to proceed with construction of the VESSEL without installation of such items (regardless of their nature or importance to the BUYER or the VESSEL) thereof in or on the VESSEL VESSEL, without prejudice to the BUILDER's right ’s other rights as hereinabove provided, and the BUYER shall accept and take delivery of the VESSEL so completedconstructed.

Appears in 2 contracts

Sources: Shipbuilding Contract (Safe Bulkers, Inc.), Shipbuilding Contract (Safe Bulkers, Inc.)

RESPONSIBILITY OF THE BUYER. The BUYER Buyer shall, at its cost own risk and expenseexpenses, supply supply/arrange all of the BUYER's supplies Buyer’s supplies, as specified in Paragraph 0.16 of the SPECIFICATIONS (hereinafter called the "BUYER'S SUPPLIES")Specifications, to the BUILDER Builder at the SHIPYARD Shipyard in good proper condition ready for installation and in accordance with the time schedule to be furnished by the BUILDER Builder to meet the building schedule of the VESSELVessel. Such schedule to be advised by the Builder within six (6) months after this Contract becomes effective according to Article 20. In order to facilitate the installation of the BUYER'S SUPPLIES Buyer’s supplies by the BUILDERBuilder, the BUYER Buyer shall furnish the BUILDER Builder with the necessary relevant plans, instruction instructions books, test report reports and all test certificates required by the BUILDER Builder and shall use its reasonable endeavours to cause the representative(s) representatives of the makers of the BUYER'S SUPPLIES these articles, if necessary, to give the BUILDER Builder any advice, instructions instruction or assistance which the BUILDER Builder may reasonably require in the installation or adjustment thereof at the SHIPYARDShipyard, all without cost or expense to the BUILDERBuilder. The BUYER Buyer shall be liable for any expense incurred by the BUILDER Builder for repair of the BUYER'S SUPPLIES Buyer’s supplied items, if any, due to defective design or materials, poor workmanship or performance or due to damage in transit and the DELIVERY DATE of the VESSEL shall be extended for the period of such repair if such repair shall affect the delivery of the VESSEL. Commissioning into good order of the BUYER'S SUPPLIES during and after installation on board shall be made at the BUYER's expense by the representative of respective maker or the person designated by the BUYER in accordance with the BUILDER's building schedule. transit; Should the BUYER Buyer fail to deliver to the BUILDER the BUYER'S SUPPLIES and the necessary document or advice for Builder such supplies items within the time specified by the BUILDERschedule referred to in this Article, the DELIVERY DATE Delivery Date of the VESSEL Vessel shall automatically be extended for to the period of such delay if extent that such delay in delivery shall affect the delivery of the VESSELVessel. In such event, to the BUYER extent that such failure was in the control of the Buyer and occurred as a result of the negligence of the Buyer, the Buyer shall pay to the BUILDER Builder all reasonable documented losses and damages sustained by the BUILDER Builder due to such delay in the delivery of the BUYER'S SUPPLIES Buyer’s supplies and such payment shall be made upon delivery of the VESSELVessel, provided, however, that the BUILDER Builder shall have (a) furnished the BUYER with the time schedule referred to above, two (2) months prior to installation of the BUYER'S SUPPLIES and (b) promptly have given the BUYER Buyer written notice of any delay in delivery of the BUYER'S SUPPLIES and the necessary document or advice for such Buyer’s supplies as soon as the delay occurs which might give rise to a claim by the BUILDER Builder under this the Paragraph. Furthermore, if the delay in delivery of the BUYER'S SUPPLIES and the necessary document or advice for such Buyer’s supplies should exceed ten (10) working days from the date specified by the BUILDERBuilder, the BUILDER Builder shall be entitled to proceed with construction of the VESSEL Vessel without installation of such items (regardless of their nature or importance to the BUYER Buyer or the VESSELVessel) in or on the VESSEL Vessel without prejudice to the BUILDER's Builder’s right hereinabove provided, and the BUYER Buyer shall accept the VESSEL Vessel so completedcompleted otherwise in accordance with this Contract.

Appears in 2 contracts

Sources: Shipbuilding Contract (Ardmore Shipping Corp), Shipbuilding Contract (Ardmore Shipping Corp)

RESPONSIBILITY OF THE BUYER. (a) The BUYER shall, at its own risk, cost and expense, supply and deliver to the SHIPYARD all of the BUYER's supplies items to be furnished by the BUYER as specified in Paragraph 0.16 the Specifications (herein called throughout this Contract the “BUYER’s Supplies”) at the warehouse or other storage of the SPECIFICATIONS (hereinafter called the "BUYER'S SUPPLIES"), to the BUILDER at the SHIPYARD in good the proper condition ready for installation and in or on the VESSEL, in accordance with the time schedule to be furnished designated by the BUILDER to meet the building schedule of the VESSEL. BUILDER. (b) In order to facilitate installation by the installation BUILDER of the BUYER'S SUPPLIES by ’s Supplies in or on the BUILDERVESSEL, the BUYER shall furnish the BUILDER with the necessary specifications, plans, drawings, instruction books, manuals, test report reports and all test certificates required by the BUILDER rules and shall regulations. The BUYER, if so requested by the BUILDER, shall, without any charge to the BUILDER, cause the representative(s) representatives of the makers manufacturers of the BUYER'S SUPPLIES ’s Supplies to give assist the BUILDER any advice, instructions in installation thereof in or assistance which on the BUILDER may reasonably require in the VESSEL and/or to carry out installation thereof by themselves or adjustment to make necessary adjustments thereof at the SHIPYARD, . (c) Any and all without cost or expense of the BUYER’s Supplies shall be subject to the BUILDER’s reasonable right of rejection, as and if they are found to be unsuitable or in improper condition for installation. The However, if so requested by the BUYER, the BUILDER shall repair or adjust the BUYER’s Supplies without prejudice to the BUILDER’s other rights hereunder and without being responsible for any consequences therefrom. In such case, the BUYER shall be liable reimburse the BUILDER for any expense all costs and expenses incurred by the BUILDER for in such repair of the BUYER'S SUPPLIES due to defective design or materials, poor workmanship or performance or due to damage in transit adjustment and the DELIVERY DATE of the VESSEL Delivery Date shall be extended postponed for the a period of time necessary for such repair or replacement, if such repair shall affect the delivery of the VESSEL. Commissioning into good order of the BUYER'S SUPPLIES during and after installation on board shall be made at the BUYER's expense by the representative of respective maker or the person designated by the BUYER in accordance with the BUILDER's building schedule. BUILDER requests. (d) Should the BUYER fail to deliver to the BUILDER any of the BUYER'S SUPPLIES and the necessary document or advice for such supplies ’s Supplies within the time specified designated by the BUILDER, the DELIVERY DATE of the VESSEL Delivery Date shall be automatically be extended for the a period of such delay if in delivery, provided that such delay in delivery shall affect the delivery of the VESSEL. In such event, the BUYER shall be responsible and pay to the BUILDER for all losses and damages sustained incurred by the BUILDER due to by reason of such delay in the delivery of the BUYER'S SUPPLIES ’s Supplies and such payment shall be made upon delivery of the VESSEL, provided, however, that the BUILDER shall have (a) furnished the BUYER with the time schedule referred to above, two (2) months prior to installation of the BUYER'S SUPPLIES and (b) given the BUYER written notice of any . If delay in delivery of the BUYER'S SUPPLIES and the necessary document or advice for such supplies as soon as the delay occurs which might give rise to a claim by the BUILDER under this Paragraph. Furthermore, if the delay in delivery any of the BUYER'S SUPPLIES and the necessary document or advice for such supplies should exceed ten ’s Supplies exceeds thirty (1030) days from the date specified by the BUILDERdays, then, the BUILDER shall be entitled to proceed with construction of the VESSEL without installation of such items (regardless of their nature or importance to the BUYER or the VESSEL) thereof in or on the VESSEL VESSEL, without prejudice to the BUILDER's right ’s other rights as hereinabove provided, and the BUYER shall accept and take delivery of the VESSEL so completedconstructed.

Appears in 2 contracts

Sources: Shipbuilding Contract (Scorpio Bulkers Inc.), Shipbuilding Contract (Scorpio Bulkers Inc.)

RESPONSIBILITY OF THE BUYER. a. The BUYER shall, at its own risk, cost and expense, supply and deliver to the BUILDER all the BUYER's supplies as specified in Paragraph 0.16 of the SPECIFICATIONS items to be furnished by the BUYER according to an agreed list (hereinafter herein called the "BUYER'S SUPPLIES's Supplies"), to ) at a warehouse or other storage of the BUILDER at Shipyard in the SHIPYARD in good proper condition ready for installation and in or on the VESSEL, in accordance with the time schedule to be furnished scheduled designated by the BUILDER to meet the building schedule of the VESSEL. BUILDER. b. In order to facilitate installation by the installation BUILDER of the BUYER'S SUPPLIES by 's Supplies in or on the BUILDERVESSEL, the BUYER shall furnish the BUILDER with the necessary specifications, plans, drawings, instruction books, manuals, test report reports and all test certificates required by the BUILDER rules and shall regulations. The BUYER, if so requested by the BUILDER, shall, without any charge to the BUILDER, cause the representative(s) representatives of the makers manufacturers of the BUYER'S SUPPLIES 's Supplies to give assist the BUILDER any advicein installation thereof in or on the VESSEL and/or to carry out installation thereof by themselves or to make necessary adjustments thereof at the Shipyard. c. Any and all of the BUYER's Supplies shall be subject to the BUILDER's reasonable right of rejection, instructions as and if they are found to be unsuitable or assistance which in improper condition for installation. However, if so requested by the BUYER, the BUILDER may reasonably require in repair or adjust the installation or adjustment thereof at the SHIPYARD, all BUYER's Supplies without cost or expense prejudice to the BUILDER's other rights hereunder and without being responsible for any consequences therefrom. The In such case, the BUYER shall be liable reimburse the BUILDER for any expense all costs and expenses incurred by the BUILDER for in such repair of the BUYER'S SUPPLIES due to defective design or materials, poor workmanship or performance or due to damage in transit adjustment and the DELIVERY DATE of the VESSEL Delivery Date shall be extended automatically postponed for the a period of time necessary for such repair if such repair shall affect the delivery of the VESSEL. Commissioning into good order of the BUYER'S SUPPLIES during and after installation on board shall be made at the BUYER's expense by the representative of respective maker or the person designated by the BUYER in accordance with the BUILDER's building schedule. replacement. d. Should the BUYER fail to deliver to the BUILDER delivery any of the BUYER'S SUPPLIES and the necessary document or advice for such supplies 's Supplies within the time specified by the BUILDERdesignated, the DELIVERY DATE of the VESSEL Delivery Date shall be automatically be extended for the a period of such delay if such delay in delivery shall affect the delivery of the VESSELdelivery. In such event, the BUYER shall be responsible for and pay to the BUILDER all losses and damages sustained incurred by the BUILDER due to by reason of such delay in the delivery of the BUYER'S SUPPLIES 's Supplies and such payment shall be made upon delivery of the VESSEL, provided, however, that the BUILDER shall have (a) furnished the BUYER with the time schedule referred to above, two (2) months prior to installation of the BUYER'S SUPPLIES and (b) given the BUYER written notice of any . If delay in delivery of the BUYER'S SUPPLIES and the necessary document or advice for such supplies as soon as the delay occurs which might give rise to a claim by the BUILDER under this Paragraph. Furthermore, if the delay in delivery any of the BUYER'S SUPPLIES and the necessary document or advice for such supplies should exceed ten 's Supplies exceeds thirty (1030) days from the date specified by the BUILDERdays, then, the BUILDER shall be entitled to proceed with construction of the VESSEL without installation of such items (regardless of their nature or importance to the BUYER or the VESSEL) thereof in or on the VESSEL VESSEL, without prejudice to the BUILDER's right other rights as hereinabove provided, and the BUYER shall accept and take delivery of the VESSEL so completedconstructed.

Appears in 2 contracts

Sources: Shipbuilding Contract (Alexander & Baldwin Inc), Shipbuilding Contract (Alexander & Baldwin Inc)

RESPONSIBILITY OF THE BUYER. The BUYER Buyer shall, at its cost own risk and expenseexpenses, supply supply/arrange all of the BUYER's supplies Buyer’s supplies, as specified in Paragraph 0.16 of the SPECIFICATIONS (hereinafter called the "BUYER'S SUPPLIES")Specifications, to the BUILDER Builder at the SHIPYARD Shipyard in good proper condition ready for installation and in accordance with the time schedule to be furnished by the BUILDER Builder to meet the building schedule of the VESSELVessel, Such schedule to be advised by the Builder within six (6) months after this Contract becomes effective according to Article 20. In order to facilitate the installation of the BUYER'S SUPPLIES Buyer’s supplies by the BUILDERBuilder, the BUYER Buyer shall furnish the BUILDER Builder with the necessary relevant plans, instruction instructions books, test report reports and all test certificates required by the BUILDER Builder and shall use its reasonable endeavours to cause the representative(s) representatives of the makers of the BUYER'S SUPPLIES these articles, if necessary, to give the BUILDER Builder any advice, instructions instruction or assistance which the BUILDER Builder may reasonably require in the installation or adjustment thereof at the SHIPYARDShipyard, all without cost or expense to the BUILDERBuilder. The BUYER Buyer shall be liable for any expense incurred by the BUILDER Builder for repair of the BUYER'S SUPPLIES Buyer’s supplied items, if any, due to defective design or materials, poor workmanship or performance or due to damage in transit and the DELIVERY DATE of the VESSEL shall be extended for the period of such repair if such repair shall affect the delivery of the VESSEL. Commissioning into good order of the BUYER'S SUPPLIES during and after installation on board shall be made at the BUYER's expense by the representative of respective maker or the person designated by the BUYER in accordance with the BUILDER's building scheduletransit. Should the BUYER Buyer fail to deliver to the BUILDER the BUYER'S SUPPLIES and the necessary document or advice for Builder such supplies items within the time specified by the BUILDERschedule referred to in this Article, the DELIVERY DATE Delivery Date of the VESSEL Vessel shall automatically be extended for to the period of such delay if extent that such delay in delivery shall affect the delivery of the VESSELVessel. In such event, to the BUYER extent that such failure was in the control of the Buyer and occurred as a result of the negligence of the Buyer, the Buyer shall pay to the BUILDER Builder all reasonable documented losses and damages sustained by the BUILDER Builder due to such delay in the delivery of the BUYER'S SUPPLIES Buyer’s supplies and such payment shall be made upon delivery of the VESSELVessel, provided, however, that the BUILDER Builder shall have (a) furnished the BUYER with the time schedule referred to above, two (2) months prior to installation of the BUYER'S SUPPLIES and (b) promptly have given the BUYER Buyer written notice of any delay in delivery of the BUYER'S SUPPLIES and the necessary document or advice for such Buyer’s supplies as soon as the delay occurs which might give rise to a claim by the BUILDER Builder under this the Paragraph. Furthermore, if the delay in delivery of the BUYER'S SUPPLIES and the necessary document or advice for such Buyer’s supplies should exceed ten (10) working days from the date specified by the BUILDERBuilder, the BUILDER Builder shall be entitled to proceed with construction of the VESSEL Vessel without installation of such items (regardless of their nature or importance to the BUYER Buyer or the VESSELVessel) in or on the VESSEL Vessel without prejudice to the BUILDER's Builder’s right hereinabove provided, and the BUYER Buyer shall accept the VESSEL Vessel so completedcompleted otherwise in accordance with this Contract.

Appears in 2 contracts

Sources: Shipbuilding Contract (Ardmore Shipping Corp), Shipbuilding Contract (Ardmore Shipping Corp)

RESPONSIBILITY OF THE BUYER. (a) The BUYER shall, at its own risk, cost and expense, supply and deliver to the SHIPYARD all of the BUYER's supplies items to be furnished by the BUYER as specified in Paragraph 0.16 of the SPECIFICATIONS Specifications (hereinafter herein called throughout this Contract the "BUYER'S SUPPLIES's Supplies"), to ) at the BUILDER at warehouse or other storage of the SHIPYARD in good the proper condition ready for installation and in or on the VESSEL, in accordance with the time schedule to be furnished designated by the BUILDER to meet the building schedule of the VESSEL. BUILDER. (b) In order to facilitate installation by the installation BUILDER of the BUYER'S SUPPLIES by 's Supplies in or on the BUILDERVESSEL, the BUYER shall furnish the BUILDER with the necessary specifications, plans, drawings, instruction books, manuals, test report reports and all test certificates required by the BUILDER rules and shall regulations. The BUYER, if so requested by the BUILDER, shall, without any charge to the BUILDER, cause the representative(s) representatives of the makers manufacturers of the BUYER'S SUPPLIES 's Supplies to give assist the BUILDER any advice, instructions in installation thereof in or assistance which on the BUILDER may reasonably require in the VESSEL and/or to carry out installation thereof by themselves or adjustment to make necessary adjustments thereof at the SHIPYARD, . (c) Any and all without cost or expense of the BUYER's Supplies shall be subject to the BUILDER's reasonable right of rejection, as and if they are found to be unsuitable or in improper condition for installation. The However, if so requested by the BUYER, the BUILDER shall repair or adjust the BUYER's Supplies without prejudice to the BUILDER's other rights hereunder and without being responsible for any consequences therefrom. In such case, the BUYER shall be liable reimburse the BUILDER for any expense all costs and expenses incurred by the BUILDER for in such repair of the BUYER'S SUPPLIES due to defective design or materials, poor workmanship or performance or due to damage in transit adjustment and the DELIVERY DATE of the VESSEL Delivery Date shall be extended postponed for the a period of time necessary for such repair or replacement, if such repair shall affect the delivery of the VESSEL. Commissioning into good order of the BUYER'S SUPPLIES during and after installation on board shall be made at the BUYER's expense by the representative of respective maker or the person designated by the BUYER in accordance with the BUILDER's building schedule. BUILDER requests. (d) Should the BUYER fail to deliver to the BUILDER any of the BUYER'S SUPPLIES and the necessary document or advice for such supplies 's Supplies within the time specified designated by the BUILDER, the DELIVERY DATE of the VESSEL Delivery Date shall be automatically be extended for the a period of such delay if in delivery, provided that such delay in delivery shall affect the delivery of the VESSEL. In such event, the BUYER shall be responsible and pay to the BUILDER for all losses and damages sustained incurred by the BUILDER due to by reason of such delay in the delivery of the BUYER'S SUPPLIES 's Supplies and such payment shall be made upon delivery of the VESSEL, provided, however, that the BUILDER shall have (a) furnished the BUYER with the time schedule referred to above, two (2) months prior to installation of the BUYER'S SUPPLIES and (b) given the BUYER written notice of any . If delay in delivery of the BUYER'S SUPPLIES and the necessary document or advice for such supplies as soon as the delay occurs which might give rise to a claim by the BUILDER under this Paragraph. Furthermore, if the delay in delivery any of the BUYER'S SUPPLIES and the necessary document or advice for such supplies should exceed ten 's Supplies exceeds thirty (1030) days from the date specified by the BUILDERdays, then, the BUILDER shall be entitled to proceed with construction of the VESSEL without installation of such items (regardless of their nature or importance to the BUYER or the VESSEL) thereof in or on the VESSEL VESSEL, without prejudice to the BUILDER's right other rights as hereinabove provided, and the BUYER shall accept and take delivery of the VESSEL so completedconstructed.

Appears in 2 contracts

Sources: Shipbuilding Contract (Globus Maritime LTD), Shipbuilding Contract (Globus Maritime LTD)

RESPONSIBILITY OF THE BUYER. (a) The BUYER Buyer shall, at its own risk, cost and expense, supply and deliver to the Builder all of the BUYER's supplies items to be furnished by the Buyer as specified in Paragraph 0.16 the Specifications (herein called the “Buyer’s Supplies”) at warehouse or other storage of the SPECIFICATIONS (hereinafter called Shipyard in the "BUYER'S SUPPLIES"), to the BUILDER at the SHIPYARD in good proper condition ready for installation and in or on the VESSEL, in accordance with the time schedule to be furnished designated by the BUILDER to meet the building schedule of the VESSEL. Seller. (b) In order to facilitate installation by the installation Builder of the BUYER'S SUPPLIES by Buyer’s Supplies in or on the BUILDERVESSEL, the BUYER Buyer shall furnish the BUILDER Seller with the necessary specifications, plans, drawings, instruction books, manuals, test report reports and all test certificates required by the BUILDER rules and shall the regulations as specified in the Specifications. The Buyer, if so requested by the Seller, shall, without any charge to the Seller, cause the representative(s) of the makers manufacturer(s) of the BUYER'S SUPPLIES Buyer’s Supplies to give assist the BUILDER any advice, instructions Builder in installation thereof in or assistance which on the BUILDER may reasonably require in the VESSEL and/or to carry out installation thereof by themselves or adjustment to make necessary adjustments thereof at the SHIPYARD, Shipyard. (c) Any and all without cost or expense of the Buyer’s Supplies shall be subject to the BUILDERSeller’s reasonable right of rejection, as and if they are found to be unsuitable or in improper condition for installation. The BUYER shall be liable However, if so requested by the Buyer, the Seller may cause the Builder to repair or adjust the Buyer’s Supplies without prejudice to the Seller’s other rights hereunder and without being responsible for any expense consequences therefrom. In such case, the Buyer shall reimburse the Seller for all costs and expenses incurred by the BUILDER for Seller or the Builder in such repair of the BUYER'S SUPPLIES due to defective design or materials, poor workmanship or performance or due to damage in transit adjustment and the DELIVERY DATE of the VESSEL Delivery Date shall be automatically extended for the a period of time necessary for such repair if or adjustment provided that such repair period shall affect the delivery of the VESSEL. Commissioning into good order . (d) Should the Buyer fail to deliver any of the BUYER'S SUPPLIES during and after installation on board shall be made at Buyer’s Supplies within the BUYER's expense by the representative of respective maker or the person time schedule designated by the BUYER in accordance with the BUILDER's building schedule. Should the BUYER fail to deliver to the BUILDER the BUYER'S SUPPLIES and the necessary document or advice for such supplies within the time specified by the BUILDERSeller, the DELIVERY DATE of the VESSEL Delivery Date shall be automatically be extended for the a period of such delay if in delivery, provided that such delay in delivery shall affect the delivery of the VESSEL. In such event, the BUYER Buyer shall be responsible and pay to the BUILDER Seller for all proven losses and damages sustained damages, if any, directly incurred by the BUILDER due to Seller or the Builder by reason of such delay in the delivery of the BUYER'S SUPPLIES Buyer’s Supplies and such payment shall be made upon on or before the delivery of the VESSEL, provided, however, that . If delay in the BUILDER shall have (a) furnished the BUYER with the time schedule referred to above, two (2) months prior to installation delivery of any of the BUYER'S SUPPLIES and Buyer’s Supplies exceeds thirty (b30) given the BUYER written notice of any delay in delivery of the BUYER'S SUPPLIES and the necessary document or advice for such supplies as soon as the delay occurs which might give rise to a claim by the BUILDER under this Paragraph. Furthermoredays, if the delay in delivery of the BUYER'S SUPPLIES and the necessary document or advice for such supplies should exceed ten (10) days from the date specified by the BUILDERthen, the BUILDER Seller shall be entitled to cause the Builder to proceed with the construction of the VESSEL without installation of such items (regardless of their nature or importance to the BUYER or the VESSEL) thereof in or on the VESSEL VESSEL, without prejudice to the BUILDER's right Seller’s other rights as hereinabove provided, and the BUYER Buyer shall accept and take delivery of the VESSEL so completedconstructed.

Appears in 2 contracts

Sources: Sale and Purchase Agreement, Sale and Purchase Agreement

RESPONSIBILITY OF THE BUYER. The BUYER shall, at its cost and expense, supply all the BUYER's ’s supplies as specified in Paragraph 0.16 of the SPECIFICATIONS (hereinafter called the "BUYER'S ’S SUPPLIES"), to the BUILDER at the SHIPYARD in good condition ready for installation and in accordance with the time schedule to be furnished by the BUILDER to meet the building schedule of the VESSEL. In order to facilitate the installation of the BUYER'S ’S SUPPLIES by the BUILDER, the BUYER shall furnish the BUILDER with the necessary plans, instruction books, test report and all test certificates required by the BUILDER and shall cause the representative(s) of the makers of the BUYER'S ’S SUPPLIES to give the BUILDER any advice, instructions or assistance which the BUILDER may reasonably require in the installation or adjustment thereof at the SHIPYARD, all without cost or expense to the BUILDER. The BUYER shall be liable for any expense incurred by the BUILDER for repair of the BUYER'S ’S SUPPLIES due to defective design or materials, poor workmanship or performance or due to damage in transit and the DELIVERY DATE of the VESSEL shall be extended for the period of such repair if such repair shall affect the delivery of the VESSEL. Commissioning into good order of the BUYER'S ’S SUPPLIES during and after installation on board shall be made at the BUYER's ’s expense by the representative of respective maker or the person designated by the BUYER in accordance with the BUILDER's ’s building schedule. Should the BUYER fail to deliver to the BUILDER the BUYER'S ’S SUPPLIES and the necessary document or advice for such supplies within the time specified by the BUILDER, the DELIVERY DATE of the VESSEL shall automatically be extended for the period of such delay if such delay in delivery shall affect the delivery of the VESSEL. In such event, the BUYER shall pay to the BUILDER all losses and damages sustained by the BUILDER due to such delay in the delivery of the BUYER'S ’S SUPPLIES and such payment shall be made upon delivery of the VESSEL, provided, however, that the BUILDER shall have (a) furnished the BUYER with the time schedule referred to above, two (2) months prior to installation of the BUYER'S ’S SUPPLIES and (b) given the BUYER written notice of any delay in delivery of the BUYER'S ’S SUPPLIES and the necessary document or advice for such supplies as soon as the delay occurs which might give rise to a claim by the BUILDER under this Paragraph. Furthermore, if the delay in delivery of the BUYER'S ’S SUPPLIES and the necessary document or advice for such supplies should exceed ten (10) days from the date specified by the BUILDER, the BUILDER shall be entitled to proceed with construction of the VESSEL without installation of such items (regardless of their nature or importance to the BUYER or the VESSEL) in or on the VESSEL without prejudice to the BUILDER's ’s right hereinabove provided, and the BUYER shall accept the VESSEL so completed.

Appears in 1 contract

Sources: Shipbuilding Contract (DHT Holdings, Inc.)

RESPONSIBILITY OF THE BUYER. The BUYER shall, at its cost and expense, supply all the BUYER's ’s supplies as specified mentioned in Paragraph 0.16 of the SPECIFICATIONS SPECIFICATIONS, if any, (hereinafter called the "BUYER'S ’S SUPPLIES"), to the BUILDER at the SHIPYARD in good perfect condition ready for installation and in accordance with the time schedule to be furnished by the BUILDER to meet the building schedule of the VESSEL. In order to facilitate the installation of the BUYER'S ’S SUPPLIES by the BUILDER, the BUYER shall furnish the BUILDER with the necessary plans, instruction books, test report and all test certificates required by the BUILDER and shall cause the representative(s) of the makers of the BUYER'S ’S SUPPLIES to give the BUILDER any advice, instructions or assistance which the BUILDER may reasonably require in the installation or adjustment thereof at the SHIPYARD, all without cost or expense to the BUILDER. The BUYER shall be liable for any expense incurred by the BUILDER for repair of the BUYER'S ’S SUPPLIES due to defective design or of materials, poor workmanship or performance or due to damage in transit and the DELIVERY DATE of the VESSEL shall be extended for the period of such repair if such repair shall affect the delivery of the VESSEL. Commissioning into good order of the BUYER'S ’S SUPPLIES during and after installation on board shall be made at the BUYER's ’s expense by the representative of respective maker or of the person designated by the BUYER in accordance with the BUILDER's ’s building schedule. Should the BUYER fail to deliver to the BUILDER the BUYER'S ’S SUPPLIES and the necessary document or advice for such supplies within the time specified by the BUILDER, the DELIVERY DATE of the VESSEL shall automatically be extended for the period of such delay if such delay in delivery shall affect the delivery of the VESSEL. In such event, the BUYER shall pay to the BUILDER all losses and damages sustained by the BUILDER due to such delay in the delivery of the BUYER'S ’S SUPPLIES and such payment shall be made upon delivery of the VESSEL, provided, however, that the BUILDER shall have: (a) furnished the BUYER with the time schedule referred to above, two (2) months prior to installation of the BUYER'S ’S SUPPLIES and (b) given the BUYER written notice of any delay in delivery of the BUYER'S ’S SUPPLIES and the necessary document or advice for such supplies as soon as the delay occurs which might give rise to a claim by the BUILDER under this Paragraph. Furthermore, if the delay in delivery of the BUYER'S ’S SUPPLIES and the necessary document or advice for such supplies should exceed ten (10) days from the date specified by the BUILDER, the BUILDER shall be entitled to proceed with construction of the VESSEL without installation of such items (regardless of their nature or importance to the BUYER or the VESSEL) in or on the VESSEL without prejudice to the BUILDER's ’s right hereinabove provided, and the BUYER shall accept the VESSEL so completed.

Appears in 1 contract

Sources: Shipbuilding Contract (Gener8 Maritime, Inc.)

RESPONSIBILITY OF THE BUYER. The BUYER shall, at its cost and expense, supply all the BUYER's supplies as specified in Paragraph 0.16 of the SPECIFICATIONS (hereinafter called the "BUYER'S 's SUPPLIES"), to the BUILDER at the SHIPYARD in good perfect condition ready for installation and in accordance with the time schedule to be furnished by the BUILDER to meet the building construction schedule of the VESSEL. In order to facilitate the installation of the BUYER'S 's SUPPLIES by the BUILDER, the BUYER shall furnish the BUILDER with the necessary plans, instruction books, test report and all test certificates required by the BUILDER and shall cause the representative(s) of the makers of the BUYER'S 's SUPPLIES to give the BUILDER any advice, instructions or assistance which the BUILDER may reasonably require in the installation or adjustment thereof at the SHIPYARD, all without cost or expense to the BUILDER. The BUYER shall be liable for any expense incurred by the BUILDER for repair of the BUYER'S 's SUPPLIES due to defective design or materials, poor workmanship or performance or due to damage in transit and the DELIVERY DATE of the VESSEL shall be extended for the period of such repair if such repair shall affect the delivery of the VESSEL. Commissioning into good order of the BUYER'S 's SUPPLIES during and after installation on board shall be made at the BUYER's expense by the representative of respective maker or the person designated by the BUYER in accordance with the BUILDER's building construction schedule. Should the BUYER fail to deliver to the BUILDER the BUYER'S 's SUPPLIES and the necessary document or advice for such supplies within the time specified by the BUILDER, the DELIVERY DATE of the VESSEL shall automatically be extended for the period of such delay if such delay in delivery shall affect the delivery of the VESSEL, unless the BUYER notifies the BUILDER to proceed with construction without the late BUYER's SUPPLIES. In such event, the BUYER shall pay to the BUILDER all direct losses and damages sustained by the BUILDER due to such delay in the delivery of the BUYER'S 's SUPPLIES and such payment shall be made upon delivery of the VESSEL, provided, however, that the BUILDER shall have: (a) furnished the BUYER with the time schedule referred to above, two Two (2) months prior to installation of the BUYER'S 's SUPPLIES and (b) given the BUYER written notice of any delay in delivery of the BUYER'S 's SUPPLIES and the necessary document or advice for such supplies as soon as the delay occurs which might give rise to a claim by the BUILDER under this Paragraph. Furthermore, if the delay in delivery of the BUYER'S 's SUPPLIES and the necessary document or advice for such supplies should exceed ten twenty-one (1021) days from the date specified by the BUILDER, the BUILDER shall be entitled to proceed with construction of the VESSEL without installation of such items (regardless of their nature or importance to the BUYER or the VESSEL) in or on the VESSEL without prejudice to the BUILDER's right hereinabove provided, and the BUYER shall accept not be entitled to reject the VESSEL so completeddue to the absence of such item.

Appears in 1 contract

Sources: Shipbuilding Contract (Excelerate Energy, Inc.)

RESPONSIBILITY OF THE BUYER. The BUYER shall, at its own cost and expense, supply all the BUYER-supplied equipment ("BUYER's supplies Supplies"), as specified in Paragraph 0.16 of the SPECIFICATIONS (hereinafter called the "BUYER'S SUPPLIES")Specifications, to the BUILDER at the its SHIPYARD in good a condition ready to operate properly, ready for installation installation, and in accordance with the time schedule to be furnished by the BUILDER to meet the building schedule of the VESSEL. In order to facilitate the installation of the BUYER'S SUPPLIES 's Supplies by the BUILDER, the BUYER shall furnish the BUILDER at BUYER's expense with the necessary plans, instruction books, test report reports and all test certificates required by rules or regulations, and if so requested by the BUILDER and BUILDER, BUYER shall cause the representative(s) of the makers manufacturers of these articles to assist the BUYER'S SUPPLIES to give the BUILDER any advice, instructions or assistance which the BUILDER may reasonably require SHIPYARD in the installation or adjustment and/or to make necessary adjustments thereof at the SHIPYARD, all without cost or expense to the BUILDER. The BUYER shall be liable for any expense additional costs and delay incurred by the BUILDER for repair of the BUYER'S SUPPLIES 's Supplies due to defective design or materialsmaterial, poor workmanship or performance or due to damage in transit and the DELIVERY DATE of the VESSEL shall be extended for the period of such repair if such repair shall affect the delivery of the VESSEL. Commissioning into good order of the BUYER'S SUPPLIES during and after installation on board shall be made at the BUYER's expense by the representative of respective maker or the person designated by the BUYER in accordance with the BUILDER's building scheduletransportation. Should the BUYER fail to deliver to the BUILDER the BUYER'S SUPPLIES and the necessary document or advice for such supplies items within the time specified by the BUILDERspecified, the DELIVERY DATE of the VESSEL shall automatically be extended for the period of such delay if and such delay in delivery shall affect the delivery of the VESSEL. In such event, the BUYER shall pay to the BUILDER all losses and damages sustained by the BUILDER due to such delay in the delivery of the BUYER'S SUPPLIES and such payment shall be made upon effects delivery of the VESSEL, provided, however, that the BUILDER shall have (a) furnished the BUYER with shall be liable for additional costs and the time schedule referred to above, two (2) months prior to installation of the BUYER'S SUPPLIES and (b) given the BUYER written notice of any delay in delivery of the BUYER'S SUPPLIES and VESSEL shall be extended for a period equal to the necessary document or advice for period of such supplies as soon as the delay occurs which might give rise to a claim by the BUILDER under this Paragraphdelay. Furthermore, if If the delay in delivery of the BUYER'S SUPPLIES and the necessary document or advice for such supplies 's Supplies should exceed ten thirty (1030) days from the date specified by the BUILDERdays, the BUILDER shall be entitled to proceed with construction of the VESSEL in question without installation of such items (regardless of their nature in or importance to the BUYER or onto the VESSEL) in or on the VESSEL , without prejudice to the BUILDER's right hereinabove provided, and the BUYER shall accept the VESSEL so completedcompleted without the BUYER's Supplies, or if the BUYER's Supplies are later incorporated at BUYER's request, BUYER shall pay BUILDER any additional costs for the delay, including an extension of the Contract Delivery Date.

Appears in 1 contract

Sources: Master Shipbuilding Contract (American Classic Voyages Co)

RESPONSIBILITY OF THE BUYER. The BUYER shall, at its cost and expense, supply all the BUYER's ’s supplies as specified in Paragraph 0.16 1.7.2 of the SPECIFICATIONS (hereinafter called the "BUYER'S ’S SUPPLIES"), to the BUILDER at the SHIPYARD in good perfect condition ready for installation and in accordance with the time schedule to be furnished by the BUILDER to meet the building schedule of the VESSEL. In order to facilitate the installation of the BUYER'S ’S SUPPLIES by the BUILDER, the BUYER shall furnish the BUILDER with the necessary plans, instruction books, test report and all test certificates required by the BUILDER and shall cause the representative(s) of the makers of the BUYER'S ’S SUPPLIES to give the BUILDER any advice, instructions or assistance which the BUILDER may reasonably require in the installation or adjustment thereof at the SHIPYARD, all without cost or expense to the BUILDER. The BUYER shall be liable for any expense incurred by the BUILDER for repair of the BUYER'S ’S SUPPLIES due to defective design or materials, poor workmanship or performance or due to damage in transit and the DELIVERY DATE of the VESSEL shall be extended for the period of such repair if such repair shall affect the delivery of the VESSEL. Commissioning into good order of the BUYER'S ’S SUPPLIES during and after installation on board shall be made at the BUYER's ’s expense by the representative of respective maker or the person designated by the BUYER in accordance with the BUILDER's ’s building schedule. Should the BUYER fail to deliver to the BUILDER the BUYER'S ’S SUPPLIES and the necessary document or advice for such supplies within the time specified by the BUILDER, the DELIVERY DATE of the VESSEL shall automatically be extended for the period of such delay if such delay in delivery shall affect the delivery of the VESSEL. In such event, the BUYER shall pay to the BUILDER all losses and damages sustained by the BUILDER due to such delay in the delivery of the BUYER'S ’S SUPPLIES and such payment shall be made upon delivery of the VESSEL, provided, however, that the BUILDER shall have: (a) furnished the BUYER with the time schedule referred to above, two (2) months prior to installation of the BUYER'S ’S SUPPLIES and (b) given the BUYER written notice of any delay in delivery of the BUYER'S ’S SUPPLIES and the necessary document or advice for such supplies as soon as the delay occurs which might give rise to a claim by the BUILDER under this Paragraph. Furthermore, if the delay in delivery of the BUYER'S ’S SUPPLIES and the necessary document or advice for such supplies should exceed ten (10) days from the date specified by the BUILDER, the BUILDER shall be entitled to proceed with construction of the VESSEL without installation of such items (regardless of their nature or importance to the BUYER or the VESSEL) in or on the VESSEL without prejudice to the BUILDER's ’s right hereinabove provided, and the BUYER shall accept the VESSEL so completed.

Appears in 1 contract

Sources: Shipbuilding Contract (Knightsbridge Tankers LTD)

RESPONSIBILITY OF THE BUYER. The BUYER shall, at its cost and expense, supply all the BUYER's supplies as specified in Paragraph 0.16 of the SPECIFICATIONS supplies, if any, (hereinafter called the "BUYER'S SUPPLIES"), to the BUILDER at the SHIPYARD in good a condition ready for installation and in accordance with the time schedule to be furnished by the BUILDER to meet the building schedule of the VESSEL. In order to facilitate the installation of the BUYER'S SUPPLIES by the BUILDER, the BUYER shall furnish the BUILDER with the necessary plans, instruction books, test report and all test certificates required by the BUILDER and shall cause the representative(s) of the makers of the BUYER'S SUPPLIES to give the BUILDER any advice, instructions or assistance which the BUILDER may reasonably require in the installation or adjustment thereof at the SHIPYARD, all without cost or expense to the BUILDER. The BUYER shall be liable for any reasonable expense incurred by the BUILDER for repair of the BUYER'S SUPPLIES due to defective design or materials, poor workmanship or performance or due to damage in transit and the DELIVERY DATE of the VESSEL shall be extended for the period of such repair if such repair shall affect the delivery of the VESSEL. Commissioning into good order of the BUYER'S SUPPLIES during and after installation on board shall be made at the BUYER's expense by the representative of respective maker or of the person designated by the BUYER in accordance with the BUILDER's building schedule. Should the BUYER fail to deliver to the BUILDER the BUYER'S SUPPLIES and the necessary document or advice for such supplies within the time specified by the BUILDER, the DELIVERY DATE of the VESSEL shall automatically be extended for the period of such delay if such delay in delivery shall affect the delivery of the VESSEL. In such event, the BUYER shall pay to the BUILDER all direct losses and damages (not including consequential damages, indirect damages or loss of profit) sustained by the BUILDER due to such delay in the delivery of the BUYER'S SUPPLIES and such payment shall be made upon delivery of the VESSEL, provided, however, that the BUILDER shall havehave : (a) furnished the BUYER with the time schedule referred to above, two (2) months prior to installation of the BUYER'S SUPPLIES and (b) given the BUYER written notice of any delay in delivery of the BUYER'S SUPPLIES and the necessary document or advice for such supplies as soon as the delay occurs which might give rise to a claim by the BUILDER under this Paragraph. Furthermore, if the delay in delivery of the BUYER'S SUPPLIES and the necessary document or advice for such supplies should exceed ten (10) days from the date specified by the BUILDER, the BUILDER shall be entitled to proceed with construction of the VESSEL without installation of such items (regardless of their nature or importance to the BUYER or the VESSEL) in or on the VESSEL without prejudice to the BUILDER's right hereinabove provided, and the BUYER shall accept the VESSEL so completed.

Appears in 1 contract

Sources: Shipbuilding Contract (Capital Maritime & Trading Corp.)

RESPONSIBILITY OF THE BUYER. The BUYER Buyer shall, at its cost and expense, supply all articles to be supplied by the BUYER's supplies Buyer, as specified specifically listed in Paragraph 0.16 of the SPECIFICATIONS Specifications (hereinafter called referred to as the "BUYER'S SUPPLIESBuyer's Supplies"), to the BUILDER Seller at the SHIPYARD Shipyard in good perfect condition ready for installation and in accordance with the time schedule to be furnished by the BUILDER date designated by the Seller and/or the Builder to meet the building schedule of the VESSELVessel. In order to facilitate the installation of the BUYER'S SUPPLIES Buyer's Supplies by the BUILDERBuilder, the BUYER Buyer shall furnish the BUILDER Seller with the necessary plans, instruction books, test report reports and all test certificates required by rules or regulations, and if so requested by the BUILDER and Seller and/or the Builder, shall cause the representative(s) of the makers manufacturers of these articles to assist the BUYER'S SUPPLIES to give the BUILDER any advice, instructions or assistance which the BUILDER may reasonably require Builder in the installation or and/or make necessary adjustment thereof at the SHIPYARDShipyard, all without cost or expense to for the BUILDERBuyer's account. The BUYER Buyer shall be liable for any expense expenses incurred by the BUILDER Seller and/or the Builder for repair of the BUYER'S SUPPLIES Buyer's Supplies due to defective design material or materials, poor workmanship or performance or due to damage in transit and the DELIVERY DATE of the VESSEL shall be extended for the period of such repair if such repair shall affect the delivery of the VESSEL. Commissioning into good order of the BUYER'S SUPPLIES during and after installation on board shall be made at the BUYER's expense by the representative of respective maker or the person designated by the BUYER in accordance with the BUILDER's building scheduleunder transportation. Should the BUYER Buyer fail to deliver to the BUILDER Seller any item of the BUYER'S SUPPLIES and Buyer's Supplies including the necessary document or advice for such supplies within plans, instruction books, test reports and certificates mentioned above by the time specified designated by the BUILDERSeller and/or the Builder, the DELIVERY DATE delivery of the VESSEL Vessel shall automatically be extended for the a period of such delay if delay, provided such delay in delivery shall affect the delivery of the VESSELVessel. In such event, event the BUYER Buyer shall pay to the BUILDER Seller all losses and damages (except for the consequential loss or damage) sustained by the BUILDER Seller and/or the Builder due to such delay in the delivery of the BUYER'S SUPPLIES Buyer's Supplies, and such payment shall be made upon delivery of the VESSEL, provided, however, Vessel. In case that the BUILDER shall have (a) furnished the BUYER with the time schedule referred to above, two (2) months prior to installation of the BUYER'S SUPPLIES and (b) given the BUYER written notice of any delay in delivery of the BUYER'S SUPPLIES and the necessary document or advice for such supplies as soon as the delay occurs which might give rise to a claim by the BUILDER under this Paragraph. Furthermore, if the delay in delivery of the BUYER'S SUPPLIES and the necessary document or advice for such supplies Buyer's Supplies should exceed ten thirty (1030) days from beyond the date specified by the BUILDERfor delivery thereof, the BUILDER Seller shall be entitled to cause the Builder to proceed with construction of the VESSEL Vessel without installation of such items (regardless of their nature or importance to the BUYER or the VESSELitem(s) in or on onto the VESSEL Vessel, without prejudice to the BUILDERSeller's right hereinabove provided, and the BUYER Buyer shall accept the VESSEL Vessel so completed.. {N1783113.1.2}

Appears in 1 contract

Sources: Ship Sales Contract (International Shipholding Corp)

RESPONSIBILITY OF THE BUYER. The BUYER shall, at its cost and expense, supply all the BUYER's supplies ’S SUPPLIES as specified in Paragraph 0.16 0.15 of the FULL SPECIFICATIONS (hereinafter called the "BUYER'S ’S SUPPLIES"), to the BUILDER at the SHIPYARD in good proper condition ready for installation and in accordance with the time schedule to be furnished to the BUYER by the BUILDER to meet the building schedule of the VESSEL. In order to facilitate the installation of the BUYER'S ’S SUPPLIES by the BUILDER, the BUYER shall furnish the BUILDER with the necessary plans, instruction books, test report and all test certificates required by the BUILDER and shall cause the representative(s) of the makers of the BUYER'S ’S SUPPLIES to give the BUILDER any advice, instructions or assistance which the BUILDER may reasonably require in the installation or adjustment thereof at the SHIPYARD, all without cost or expense to the BUILDER. The BUYER shall be liable for any expense incurred by the BUILDER for repair of the BUYER'S ’S SUPPLIES due to defective design or materials, poor workmanship or performance or due to damage in transit and the DELIVERY DATE of the VESSEL shall be extended for the period of such repair if such repair shall affect the delivery of the VESSEL. Commissioning into good order of the BUYER'S ’S SUPPLIES during and after installation on board shall be made at the BUYER's ’s expense by the representative of respective maker or the person designated by the BUYER in accordance with the BUILDER's ’s building schedule. Should the BUYER fail to deliver to the BUILDER the BUYER'S ’S SUPPLIES and the necessary document or advice for such supplies within the time specified by the BUILDER, the DELIVERY DATE of the VESSEL shall automatically be extended for the period of such delay if such delay in delivery shall affect the delivery of the VESSEL. In such event, the BUYER shall pay to the BUILDER all losses and damages sustained by the BUILDER due to such delay in the delivery of the BUYER'S ’S SUPPLIES and such payment shall be made upon delivery of the VESSEL, provided, however, that the BUILDER shall havehave : (a) furnished the BUYER with the time schedule referred to above, two (2) months prior to installation of the BUYER'S ’S SUPPLIES and (b) given the BUYER written notice of any delay in delivery of the BUYER'S ’S SUPPLIES and the necessary document or advice for such supplies as soon as the delay occurs which might give rise to a claim by the BUILDER under this Paragraph. Furthermore, if the delay in delivery of the BUYER'S ’S SUPPLIES and the necessary document or advice for such supplies should exceed ten twenty (1020) days from the date specified by the BUILDER, the BUILDER shall be entitled to proceed with construction of the VESSEL without installation of such items (regardless of their nature or importance to the BUYER or the VESSEL) in or on the VESSEL without prejudice to the BUILDER's ’S right hereinabove provided, and the BUYER shall accept the VESSEL so completed.

Appears in 1 contract

Sources: Shipbuilding Contract (Seaspan CORP)

RESPONSIBILITY OF THE BUYER. The BUYER shall, at its cost and expense, supply all the BUYER's ’S supplies as specified in Paragraph 0.16 of the SPECIFICATIONS (hereinafter called the "BUYER'S ’S SUPPLIES"), to the BUILDER at the SHIPYARD in good perfect condition ready for the installation and in accordance with the time schedule to be furnished by the BUILDER to meet the building schedule of the VESSEL. In order to facilitate the installation of the BUYER'S ’S SUPPLIES by the BUILDER, the BUYER shall furnish the BUILDER with the necessary plans, instruction books, test report and all test certificates required by the BUILDER and shall use reasonable endeavours to cause the representative(s) of the makers of the BUYER'S ’S SUPPLIES to give the BUILDER any advice, instructions or assistance which the BUILDER may reasonably require in the installation or adjustment thereof at the SHIPYARD, all without cost or expense to the BUILDER. The BUYER shall be liable for any expense incurred by the BUILDER for repair of the BUYER'S ’S SUPPLIES due to defective design or materials, poor workmanship or performance or due to damage in transit and the DELIVERY DATE of the VESSEL shall be extended for the period of such repair if such repair shall affect the delivery of the VESSEL. Commissioning into good order of the BUYER'S ’S SUPPLIES during and after installation on board shall be made at the BUYER's expense ’S expenses by the representative of the respective maker or the person designated by the BUYER in accordance with the BUILDER's ’S building schedule. Should the BUYER fail to deliver to the BUILDER the BUYER'S ’S SUPPLIES and the necessary document or advice for such supplies within the time specified by the BUILDER, the DELIVERY DATE of the VESSEL shall automatically be extended for the period of such delay if such delay in delivery shall affect the delivery of the VESSEL. In such event, the BUYER shall pay to the BUILDER all losses and damages sustained by the BUILDER due to such delay in the delivery of the BUYER'S ’S SUPPLIES and such payment shall be made upon delivery of the VESSEL, VESSEL provided, however, that the BUILDER shall have (a) furnished the BUYER with the time schedule referred to above, two (2) months prior to installation of the BUYER'S SUPPLIES and (b) given the BUYER written notice of any delay in delivery of the BUYER'S SUPPLIES and the necessary document or advice for such supplies as soon as the delay occurs which might give rise to a claim by the BUILDER under this Paragraph. Furthermore, if the delay in delivery of the BUYER'S SUPPLIES and the necessary document or advice for such supplies should exceed ten (10) days from the date specified by the BUILDER, the BUILDER shall be entitled to proceed with construction of the VESSEL without installation of such items (regardless of their nature or importance to the BUYER or the VESSEL) in or on the VESSEL without prejudice to the BUILDER's right hereinabove provided, and the BUYER shall accept the VESSEL so completed.:

Appears in 1 contract

Sources: Shipbuilding Contract (Alma Maritime LTD)

RESPONSIBILITY OF THE BUYER. The BUYER shall, at its cost and expense, supply all the BUYER's ’s supplies as specified mentioned in Paragraph 0.16 of the SPECIFICATIONS SPECIFICATIONS, if any, (hereinafter called the "BUYER'S ’S SUPPLIES"), to the BUILDER at the SHIPYARD in good perfect condition ready for installation and in accordance with the time schedule to be furnished by the BUILDER to meet the building schedule of the VESSEL. In order to facilitate the installation of the BUYER'S ’S SUPPLIES by the BUILDER, the BUYER shall furnish the BUILDER with the necessary plans, instruction books, test report and all test certificates required by the BUILDER and shall cause the representative(s) of the makers of the BUYER'S ’S SUPPLIES to give the BUILDER any advice, instructions or assistance which the BUILDER may reasonably require in the installation or adjustment thereof at the SHIPYARD, all without cost or expense to the BUILDER. The BUYER shall be liable for any expense incurred by the BUILDER for repair of the BUYER'S ’S SUPPLIES due to defective design or materials, poor workmanship or performance or due to damage in transit and the DELIVERY DATE of the VESSEL shall be extended for the period of such repair if such repair shall affect the delivery of the VESSEL. Commissioning into good order of the BUYER'S ’S SUPPLIES during and after installation on board shall be made at the BUYER's ’s expense by the representative of respective maker or of the person designated by the BUYER in accordance with the BUILDER's ’s building schedule. Should the BUYER fail to deliver to the BUILDER the BUYER'S ’S SUPPLIES and the necessary document or advice for such supplies within the time specified by the BUILDER, BUILDER the DELIVERY DATE of the VESSEL shall automatically be extended for the period of such delay if such delay in delivery shall affect the delivery of the VESSEL. In such event, event the BUYER shall pay to the BUILDER all losses and damages sustained by the BUILDER due to such delay in the delivery of the BUYER'S ’S SUPPLIES and such payment shall be made upon delivery of the VESSEL, provided, however, that the BUILDER shall havehave : (a) furnished the BUYER with the time schedule referred to above, two (2) months prior to installation of the BUYER'S ’S SUPPLIES and (b) given the BUYER written notice of any delay in delivery of the BUYER'S ’S SUPPLIES and the necessary document or advice for such supplies as soon as the delay occurs which might give rise to a claim by the BUILDER under this Paragraph. Furthermore, if the delay in delivery of the BUYER'S ’S SUPPLIES and the necessary document or advice for such supplies should exceed ten (10) days from the date specified by the BUILDER, the BUILDER shall be entitled to proceed with construction of the VESSEL without installation of such items (regardless of their nature or importance to the BUYER or the VESSEL) in or on the VESSEL without prejudice to the BUILDER's ’s right hereinabove provided, and the BUYER shall accept the VESSEL so completed.

Appears in 1 contract

Sources: Shipbuilding Contract (Gener8 Maritime, Inc.)

RESPONSIBILITY OF THE BUYER. (a) The BUYER shall, at its own risk, cost and expense, supply and deliver all the BUYER's ’s supplies as specified in Paragraph 0.16 of the SPECIFICATIONS (hereinafter in this contract called the "BUYER'S ’S SUPPLIES"), ”) to the BUILDER at the SHIPYARD in good condition ready for installation in or on the VESSEL and in accordance with the time schedule to be furnished by the BUILDER to meet the building schedule of the VESSEL. . (b) In order to facilitate the installation of the BUYER'S ’S SUPPLIES by the BUILDERBUILDER in or on the VESSEL, the BUYER shall furnish the BUILDER with the necessary specifications, plans, drawings, instruction books, manuals, test report and all test certificates reasonably required by the BUILDER and shall cause the representative(s) of the makers of the BUYER'S ’S SUPPLIES to give the BUILDER any advice, instructions or assistance which the BUILDER may reasonably require in the installation or adjustment thereof at the SHIPYARD, all without cost or expense to the BUILDER. . (c) The BUYER shall be liable for any expense incurred by the BUILDER for repair of the BUYER'S ’S SUPPLIES due to defective design or materials, poor workmanship or performance or due to damage in transit and the DELIVERY DATE of the VESSEL shall be extended automatically postponed for the period of such repair if such repair shall is proven to affect the delivery of the VESSEL. . (d) Commissioning into good order of the BUYER'S ’S SUPPLIES during and after installation on board shall be made at the BUYER's ’s expense by the representative of respective maker or the person designated by the BUYER in accordance with the BUILDER's ’s building schedule. . (e) Should the BUYER fail to deliver to the BUILDER the BUYER'S ’S SUPPLIES and the necessary document or advice for such supplies within by the time date specified by the BUILDER, the DELIVERY DATE of the VESSEL shall automatically be extended postponed for the period of such delay if such delay in delivery shall is proven to affect the delivery of the VESSEL. In such event, the BUYER shall pay to the BUILDER all proven and reasonable losses and damages sustained by the BUILDER due to such delay in the delivery of the BUYER'S ’S SUPPLIES and such payment shall be made upon delivery of the VESSEL, provided, however, provided that the BUILDER shall have: (ai) furnished the BUYER with the time schedule referred to above, two (2) months prior to installation of the BUYER'S SUPPLIES ’S SUPPLIES; and (bii) given the BUYER written notice NOTICE of any delay in delivery of the BUYER'S ’S SUPPLIES and the necessary document or advice for such supplies as soon as the delay occurs which might give rise to a claim by the BUILDER under this ParagraphParagraph (e). Furthermore, if the delay in delivery of the BUYER'S ’S SUPPLIES and the necessary document or advice for such supplies should exceed ten fourteen (1014) days from the date specified by the BUILDER, the BUILDER shall be entitled to proceed with construction of the VESSEL without installation of such items (items, regardless of their nature or importance to the BUYER or to the VESSEL) , in or on the VESSEL without prejudice to the BUILDER's ’s right hereinabove providedprovided above, and the BUYER shall accept the VESSEL so completed.

Appears in 1 contract

Sources: Shipbuilding Contract (Scorpio Bulkers Inc.)

RESPONSIBILITY OF THE BUYER. The BUYER shall, at its cost and expense, supply all the BUYER's ’s supplies as specified in Paragraph 0.16 of the SPECIFICATIONS (hereinafter called the "BUYER'S ’S SUPPLIES"), if any, to the BUILDER at the SHIPYARD in good condition ready for installation and in accordance with the time schedule to be furnished by the BUILDER to meet the building schedule of the VESSEL. In order to facilitate the installation of the BUYER'S ’S SUPPLIES by the BUILDER, the BUYER shall furnish the BUILDER with the necessary plans, instruction books, test report and all test certificates required by the BUILDER and shall cause the representative(s) of the makers of the BUYER'S ’S SUPPLIES to give the BUILDER any advice, instructions or assistance which the BUILDER may reasonably require in the installation or adjustment thereof at the SHIPYARD, all without cost or expense to the BUILDER. The BUYER shall be liable for any expense incurred by the BUILDER for repair of the BUYER'S ’S SUPPLIES due to defective design or materials, poor workmanship or performance or due to damage in transit and the DELIVERY DATE of the VESSEL shall be extended for the period of such repair if such repair shall affect the delivery of the VESSEL. Commissioning into good order of the BUYER'S ’S SUPPLIES during and after installation on board shall be made at the BUYER's ’s expense by the representative of the respective maker or the person designated by the BUYER in accordance with the BUILDER's ’s building schedule. Should the BUYER fail to deliver to the BUILDER the BUYER'S ’S SUPPLIES and the necessary document or advice for such supplies within the time specified by the BUILDER, the DELIVERY DATE of the VESSEL shall automatically be extended for the period of such delay if such delay in delivery shall affect the delivery of the VESSEL. In such event, the BUYER shall pay to the BUILDER all losses and damages sustained by the BUILDER due to such delay in the delivery of the BUYER'S ’S SUPPLIES and such payment shall be made upon delivery of the VESSEL, provided, provided however, that the BUILDER shall have: (a) furnished the BUYER with the time schedule referred to above, two (2) months prior to installation of the BUYER'S ’S SUPPLIES and (b) given the BUYER written notice of any delay in delivery of the BUYER'S ’S SUPPLIES and the necessary document documents or advice for such supplies as soon as the delay occurs which might give rise to a claim by the BUILDER under this the Paragraph. Furthermore, if the delay in delivery of the BUYER'S ’S SUPPLIES and the necessary document documents or advice for such supplies should exceed ten (10) days from the date specified by the BUILDER, the BUILDER shall be entitled to proceed with construction of the VESSEL without installation of such items (regardless of their nature or importance to the BUYER or the VESSEL) in or on the VESSEL without prejudice to the BUILDER's ’s right hereinabove provided, and the BUYER shall accept the VESSEL so completed.

Appears in 1 contract

Sources: Shipbuilding Contract (Tsakos Energy Navigation LTD)

RESPONSIBILITY OF THE BUYER. The BUYER shall, at its cost and expense, supply all the BUYER's ’s supplies as specified in Paragraph 0.16 of the SPECIFICATIONS (hereinafter called the "BUYER'S ’S SUPPLIES"), to the BUILDER at the SHIPYARD in good perfect condition ready for the installation and in accordance with the time schedule to be furnished by the BUILDER to meet the building schedule of the VESSEL. In order to facilitate the installation of the BUYER'S ’S SUPPLIES by the BUILDER, the BUYER shall furnish the BUILDER with the necessary plans, instruction books, test report and all test certificates required by the BUILDER and shall use reasonable endeavours to cause the representative(s) of the makers of the BUYER'S ’S SUPPLIES to give the BUILDER any advice, instructions or assistance which the BUILDER may reasonably require in the installation or adjustment thereof at the SHIPYARD, all without cost or expense to the BUILDER. The BUYER shall be liable for any expense incurred by the BUILDER for repair of the BUYER'S ’S SUPPLIES due to defective design or materials, poor workmanship or performance or due to damage in transit and the DELIVERY DATE of the VESSEL shall be extended for the period of such repair if such repair shall affect the delivery of the VESSEL. Commissioning into good order of the BUYER'S ’S SUPPLIES during and after installation on board shall be made at the BUYER's expense ’s expenses by the representative of the respective maker or the person designated by the BUYER in accordance with the BUILDER's ’S building schedule. Should the BUYER fail to deliver to the BUILDER the BUYER'S ’S SUPPLIES and the necessary document or advice for such supplies within the time specified by the BUILDER, the DELIVERY DATE of the VESSEL shall automatically be extended for the period of such delay if such delay in delivery shall affect the delivery of the VESSEL. In such event, the BUYER shall pay to the BUILDER all losses and damages sustained by the BUILDER due to such delay in the delivery of the BUYER'S ’S SUPPLIES and such payment shall be made upon delivery of the VESSEL, VESSEL provided, however, that the BUILDER shall have (a) furnished the BUYER with the time schedule referred to above, two (2) months prior to installation of the BUYER'S SUPPLIES and (b) given the BUYER written notice of any delay in delivery of the BUYER'S SUPPLIES and the necessary document or advice for such supplies as soon as the delay occurs which might give rise to a claim by the BUILDER under this Paragraph. Furthermore, if the delay in delivery of the BUYER'S SUPPLIES and the necessary document or advice for such supplies should exceed ten (10) days from the date specified by the BUILDER, the BUILDER shall be entitled to proceed with construction of the VESSEL without installation of such items (regardless of their nature or importance to the BUYER or the VESSEL) in or on the VESSEL without prejudice to the BUILDER's right hereinabove provided, and the BUYER shall accept the VESSEL so completed.:

Appears in 1 contract

Sources: Shipbuilding Contract (Alma Maritime LTD)

RESPONSIBILITY OF THE BUYER. The BUYER shall, at its cost and expense, supply all the BUYER's supplies as specified in Paragraph 0.16 of the SPECIFICATIONS supplies, if any, (hereinafter called the "BUYER'S SUPPLIES"), to the BUILDER at the SHIPYARD in good a condition ready for installation and in accordance with the time schedule to be furnished by the BUILDER to meet the building schedule of the VESSEL. In order to facilitate the installation of the BUYER'S SUPPLIES by the BUILDER, the BUYER shall furnish the BUILDER with the necessary plans, instruction books, test report and all test certificates required by the BUILDER and shall cause the representative(s) of the makers of the BUYER'S SUPPLIES to give the BUILDER any advice, instructions or assistance which the BUILDER may reasonably require in the installation or adjustment thereof at the SHIPYARD, all without cost or expense to the BUILDER. The BUYER shall be liable for any reasonable expense incurred by the BUILDER for repair of the BUYER'S SUPPLIES due to defective design or materials, poor workmanship or performance or due to damage in transit and the DELIVERY DATE of the VESSEL shall be extended for the period of such repair if such repair shall affect the delivery of the VESSEL. Commissioning into good order of the BUYER'S SUPPLIES during and after installation on board shall be made at the BUYER's expense by the representative of respective maker or of the person designated by the BUYER in accordance with the BUILDER's building schedule. Should the BUYER fail to deliver to the BUILDER the BUYER'S SUPPLIES and the necessary document or advice for such supplies within the time specified by the BUILDER, the DELIVERY DATE of the VESSEL shall automatically be extended for the period of such delay if such delay in delivery shall affect the delivery of the VESSEL. In such event, the BUYER shall pay to the BUILDER all direct losses and damages (not including consequential damages, indirect damages or loss of profit) sustained by the BUILDER due to such delay in the delivery of the BUYER'S SUPPLIES and such payment shall be made upon delivery of the VESSEL, provided, however, that the BUILDER shall have: (a) furnished the BUYER with the time schedule referred to above, two (2) months prior to installation of the BUYER'S SUPPLIES and (b) given the BUYER written notice of any delay in delivery of the BUYER'S SUPPLIES and the necessary document or advice for such supplies as soon as the delay occurs which might give rise to a claim by the BUILDER under this Paragraph. Furthermore, if the delay in delivery of the BUYER'S SUPPLIES and the necessary document or advice for such supplies should exceed ten (10) days from the date specified by the BUILDER, the BUILDER shall be entitled to proceed with construction of the VESSEL without installation of such items (regardless of their nature or importance to the BUYER or the VESSEL) in or on the VESSEL without prejudice to the BUILDER's right hereinabove provided, and the BUYER shall accept the VESSEL so completed.

Appears in 1 contract

Sources: Shipbuilding Contract (Capital Maritime & Trading Corp.)

RESPONSIBILITY OF THE BUYER. The BUYER Buyer shall, at its cost and expense, supply all articles to be supplied by the BUYER's supplies Buyer, as specified specifically listed in Paragraph 0.16 of the SPECIFICATIONS Specifications (hereinafter called referred to as the "BUYER'S SUPPLIESBuyer's Supplies"), to the BUILDER Seller at the SHIPYARD Shipyard in good perfect condition ready for installation and in accordance with the time schedule to be furnished by the BUILDER date designated by the Seller and/or the Builder to meet the building schedule of the VESSELVessel. In order to facilitate the installation of the BUYER'S SUPPLIES Buyer's Supplies by the BUILDERBuilder, the BUYER Buyer shall furnish the BUILDER Seller with the necessary plans, instruction books, test report reports and all test certificates required by rules or regulations, and if so requested by the BUILDER and Seller and/or the Builder, shall cause the representative(s) of the makers manufacturers of these articles to assist the BUYER'S SUPPLIES to give the BUILDER any advice, instructions or assistance which the BUILDER may reasonably require Builder in the installation or and/or make necessary adjustment thereof at the SHIPYARDShipyard, all without cost or expense to for the BUILDERBuyer's account. The BUYER Buyer shall be liable for any expense expenses incurred by the BUILDER Seller and/or the Builder for repair of the BUYER'S SUPPLIES Buyer's Supplies due to defective design material or materials, poor workmanship or performance or due to damage in transit and the DELIVERY DATE of the VESSEL shall be extended for the period of such repair if such repair shall affect the delivery of the VESSEL. Commissioning into good order of the BUYER'S SUPPLIES during and after installation on board shall be made at the BUYER's expense by the representative of respective maker or the person designated by the BUYER in accordance with the BUILDER's building scheduleunder transportation. Should the BUYER Buyer fail to deliver to the BUILDER Seller any item of the BUYER'S SUPPLIES and Buyer's Supplies including the necessary document or advice for such supplies within plans, instruction books, test reports and certificates mentioned above by the time specified designated by the BUILDERSeller and/or the Builder, the DELIVERY DATE delivery of the VESSEL Vessel shall automatically be extended for the a period of such delay if delay, provided such delay in delivery shall affect the delivery of the VESSELVessel. In such event, event the BUYER Buyer shall pay to the BUILDER Seller all losses and damages (except for the consequential loss or damage) sustained by the BUILDER Seller and/or the Builder due to such delay in the delivery of the BUYER'S SUPPLIES Buyer's Supplies, and such payment shall be made upon delivery of the VESSEL, provided, however, Vessel. In case that the BUILDER shall have (a) furnished the BUYER with the time schedule referred to above, two (2) months prior to installation of the BUYER'S SUPPLIES and (b) given the BUYER written notice of any delay in delivery of the BUYER'S SUPPLIES and the necessary document or advice for such supplies as soon as the delay occurs which might give rise to a claim by the BUILDER under this Paragraph. Furthermore, if the delay in delivery of the BUYER'S SUPPLIES and the necessary document or advice for such supplies Buyer's Supplies should exceed ten thirty (1030) days from beyond the date specified by the BUILDERfor delivery thereof, the BUILDER Seller shall be entitled to cause the Builder to proceed with construction of the VESSEL Vessel without installation of such items (regardless of their nature or importance to the BUYER or the VESSELitem(s) in or on onto the VESSEL Vessel, without prejudice to the BUILDERSeller's right hereinabove provided, and the BUYER Buyer shall accept the VESSEL Vessel so completed.

Appears in 1 contract

Sources: Ship Sales Contract (International Shipholding Corp)