|
|
|
|
|
|
|
Definitions
|
|
|
|
|
|
|
|
Description and
Class
|
|
|
|
|
|
|
|
Contract Price
and Terms of Payment
|
|
|
|
|
|
|
|
Adjustment of
Contract Price
|
|
|
|
|
|
|
|
Approval of
Plans and Drawings and Inspection during Construction
|
|
|
|
|
|
|
|
Modifications
|
|
|
|
|
|
|
|
Trials and
Acceptance
|
|
|
|
|
|
|
|
Delivery
|
|
|
|
|
|
|
|
Delays and
Extension of Time for Delivery (Force Majeure)
|
|
|
|
|
|
|
|
Warranty of
Quality
|
|
|
|
|
|
|
|
Rescission by
Owner
|
|
|
|
|
|
|
|
Owner’s
Default
|
|
|
|
|
|
|
|
Insurance
|
|
|
|
|
|
|
|
Law and Dispute
Resolution
|
|
|
|
|
|
|
|
Right of
Assignment
|
|
|
|
|
|
|
|
Taxes and
Duties
|
|
|
|
|
|
|
|
Patents,
Trademarks, copyrights, etc
|
|
|
|
|
|
|
|
Owner Furnished
Equipment
|
|
|
|
|
|
|
|
Notice
|
|
|
|
|
|
|
|
Interpretation
|
|
|
|
|
|
|
|
Effective Date
of Contract
|
|
|
|
|
|
|
|
Indemnities/Liabilities
|
Page 2
This CONTRACT,
entered into this ___ by and between., a corporation organised and
existing under the laws of Singapore, having its principal office
at (hereinafter called the “Builder”), the party of the
first part, and a corporation organised and existing under the laws
of Delaware having its principal office at (hereinafter called the
“Owner” or “Buyer”), the party of the
second part,
In
consideration of the mutual covenants herein contained, the Builder
agrees to erect, launch, equip and complete at its premises, in
Singapore (hereinafter called the “Shipyard”) and sell
and deliver to the Owner one (1) unit of Anchor Handling
Tug/Supply vessel more fully described in Article 1 hereof
(hereinafter called the “Vessel”), and the Owner agrees
to purchase and take delivery of the Vessel from the Builder and to
pay for the same, all upon the terms and conditions hereinafter set
forth.
Page 3
In this
Contract, the following terms shall have the meaning set forth
below:
|
1.
|
|
“Contract” or
“this Contract” shall, unless the context otherwise
requires, mean this Contract together with any addendum to this
Contract, which may be mutually agreed between the Parties in
writing.
|
|
|
|
|
|
2.
|
|
“Parties” shall mean the
Builder and the Owner or Buyer.
|
|
|
|
|
|
3.
|
|
“Classification Society”
shall mean American Bureau of Shipping.
|
|
|
|
|
|
4.
|
|
“Contract Price” shall
mean price in Article 2 subject to adjustment only in
accordance with Articles 3 and 5 of this Contract.
|
|
|
|
|
|
5.
|
|
“Protocol of Delivery and
Acceptance” shall mean the Protocol to be executed by the
Builder and the Owner on delivery of the Vessel as referred to in
Article 6 and 7.
|
|
|
|
|
|
6.
|
|
“Owner’s Loose
Supplies” shall mean loose items to be furnished by the Owner
as referred to in the Contract, and as per Exhibit
“D”.
|
|
|
|
|
|
7.
|
|
“Sea Trials” shall have
the meaning set forth in Article 6 hereof.
|
|
|
|
|
|
8.
|
|
“Builder’s Bank”
shall mean:
|
|
|
|
|
|
|
|
for
payments due to the Builder, or any other first class bank
nominated by the Builder and approved by the Owner.
|
|
|
|
|
|
9.
|
|
“Owner’s Bank”
shall mean:
|
|
|
|
for
payments due to the Owner, or any other first class bank nominated
by the Owner and approved by the Builder.
|
|
|
|
|
|
10.
|
|
“Representatives” shall
mean the person or persons duly authorised by the Owner to act as
its representative or representatives for construction supervision
in conformity with the stipulations of Article 4
hereof.
|
|
|
|
|
|
11.
|
|
“Specification” shall
mean ___dated ___, signed by both Parties and forming an integral
part of the Contract.
|
|
|
|
|
|
12.
|
|
“Contract Documents”
shall mean documents and drawings as per Exhibit “A”
signed by both Parties and forming an integral part of the
Contract.
|
Page 4
|
13.
|
|
“Working Days” shall
mean days other than Sundays and public holidays on which banks are
open for business in Singapore.
|
|
|
|
|
|
14.
|
|
“Delivery Documents”
shall mean the documents referred to in Exhibit
“B”.
|
|
|
|
|
|
15.
|
|
“Effective Date” shall
mean the date when the Contract becomes effective pursuant to
Article 20.
|
|
|
|
|
|
16.
|
|
“Vessel” shall mean the
New Building under Hull 310 as defined in the Contract and
Specification.
|
|
|
|
|
|
17.
|
|
“Delivery Date” shall
mean the date when the completed Vessel shall be delivered, as per
Article 7, subject to modifications only in accordance with
this Contract.
|
|
|
|
|
|
18.
|
|
“Owner’s Furnished
Equipment” (hereinafter shall be referred to as
“OFE”) shall mean all the equipment to be supplied by
the Owner as per Exhibit “G”.
|
|
|
|
|
|
19.
|
|
“Corporate Guarantee”
shall mean the Letter to be executed separately by the Builder and
the Owner as per Exhibit H.
|
Page 5
ARTICLE 1 — DESCRIPTION AND
CLASS
|
1.1
|
|
Description:
|
|
|
|
|
|
|
|
The
Vessel shall have the Builder’s Hull No. and shall be
constructed, equipped and completed in accordance with the
provisions of this Contract, and the Specifications and the General
Arrangement Plan (herein collectively called the
“Specifications”) signed by each of the Parties hereto
for identification and attached hereto and made an integral part
hereof.
|
|
|
|
|
|
1.2
|
|
Dimensions and
Characteristics:
|
|
|
|
|
|
|
|
Aside from the usual stability
booklet, the Builder shall produce loading curves for different
combination of cargoes for safe operation as approved by ABS as per
Exhibit J
|
|
|
|
|
|
|
|
The
details of the above particulars as well as the definitions and
method of measurements and calculations are as indicated in the
Specifications.
|
|
|
|
|
|
1.3
|
|
Classification, Rules and
Regulations:
|
|
|
|
|
|
|
|
The
Vessel, including its machinery, equipment and outfittings shall be
constructed in accordance with the rules (the edition and
amendments thereto which will enter into force on the date of this
Contract and under special survey of American Bureau of Shipping
(herein called the “Classification Society”), and shall
be distinguished in the register by the symbol of .
|
|
|
|
|
|
|
|
Decisions of the Classification
Society as to compliance or non-compliance with the classification
shall be final and binding upon both parties hereto.
|
|
|
|
|
|
|
|
The
Vessel shall also comply with the rules, regulations and
requirements of other regulatory bodies as described in the
Specifications in effect as of the date of this Contract. Any rules
and regulations known at the Contract date to be coming into force
prior to delivery date are also to be included.
|
|
|
|
|
|
|
|
All
fees and charges incidental to the classification and with respect
to compliance with the above-referred rules, regulations and
requirements for OFE shall be for account of the Owner.
|
Page 6
|
1.4
|
|
Subcontracting:
|
|
|
|
|
|
|
|
The
Builder may at its sole discretion and responsibility, subcontract
any portion of the construction work of the Vessel. The Owner has
the right to audit all Builder’s subcontractors, and be
granted full access to their premises for inspection and testing.
Notwithstanding, any such sub-contracting the builder shall remain
responsible for compliance with obligations of this contract as if
there had been no such sub-contracting.
|
|
|
|
|
|
1.5
|
|
Registration:
|
|
|
|
|
|
|
|
The
Vessel shall be registered by the Owner at its own cost and
expense.
|
|
|
|
|
|
1.6
|
|
Protection of
Equipment:
|
|
|
|
|
|
|
|
The
Builder warrants that all reasonable efforts will be made to
protect equipment during storage, installation and after placement
in the hull.
|
Page 7
ARTICLE 2 — CONTRACT PRICE
AND TERMS OF PAYMENT
|
2.1
|
|
Contract Price:
|
|
|
|
|
|
|
|
The
Contract Price of the Vessel is net receivable by the Builder, and
shall be subject to upward or downward adjustment, if any, as
hereinafter set forth in this Contract and as per
Exhibit I.
|
|
|
|
|
|
|
|
All
costs and fees, including taxes concerning payment imposed by
authorities inside/outside Singapore, incurred or imposed by reason
of the transfer of funds to the Builder referred to in paragraphs
below hereof shall be borne by the Owner.
|
|
|
|
|
|
2.2
|
|
Terms of Payment:
|
|
|
|
|
|
|
|
The
Contract Price shall be due and payable by the Owner to the Builder
in the instalments as follows:
|
|
|
a)
|
|
First Instalment:
|
|
|
|
|
|
|
|
|
|
percent of the Contract Only shall
be due and payable within Five (5) business days of Contract
signing and after receipt of faxed copy of the signed Corporate
Guarantee, or within Two (2) business days of receipt of the
original Corporate Guarantee, whichever is the later. The Corporate
Guarantee will be in the form as per Exhibit H.
|
|
|
|
|
|
|
|
b)
|
|
Second Instalment:
|
|
|
|
|
|
|
|
|
|
percent of the Contract price shall
be paid when the keel has been laid but in any case not earlier
than 4.months after the Contract Date.
|
|
|
|
|
|
|
|
c)
|
|
Third instalment:
|
|
|
|
|
|
|
|
|
|
percent of the Contract price shall
be paid upon delivery of the four (4) main-engines to
Builder’s premise or hull fully plated whichever is the
earlier, but in any case not earlier than 8 months after the
Contract Date.
|
|
|
|
|
|
|
|
d)
|
|
Fourth instalment:
|
|
|
|
|
|
|
|
|
|
percent of the Contract price, shall
be paid upon launching of the Vessel, but in in any case not
earlier than 12 months after the Contract Date.
|
|
|
|
|
|
|
|
e)
|
|
Fifth instalment:
|
|
|
|
|
|
|
|
|
|
percent of the Contract price, plus
any increase or minus any decrease due to adjustments of the
Contract Price under and pursuant to the provisions of this
Contract, shall be due and payable upon Delivery of the
Vessel.
|
|
|
2.3.1
|
|
In
respect of the 1st instalment, the Owner shall pay the Builder the
same within 5 Working Days from the date of the Contract and the
Owner shall furnish to the Builder an irrevocable and unconditional
Corporate
|
|
|
|
|
|
|
|
|
|
Guarantee (hereinafter called the
“Corporate Guarantee”) duly executed and issued within
5 working days by a guarantor acceptable to the Builder, covering
and guaranteeing the due performance of the Owner’s
obligations under
|
Page 8
|
|
|
|
this Contract including, but not
limited to, the payment of the Contract Price and taking delivery
of the Vessel in accordance with the provisions of this Contract
and substantially in the form annexed hereto as Exhibit H.
This Corporate Guarantee shall continue in full force and effect
until the full performance of the Owner’s obligations under
this Contract.
|
|
|
2.3.2
|
|
The
Owner shall pay the Builder the 2nd, 3rd, 4
th
, and 5
th
Instalments upon
presentation of the following respective documents:
|
|
|
a)
|
|
in
respect of the 2 nd instalment, payment within three
(3) Working Days of the date of presentation of stage
certificate signed by Classification Society’s, and
Builder’s representatives stating that the keel laying of the
Vessel has been laid in the form set out in Exhibit F and a
signed commercial invoice relating to the 2
nd
instalment; but not
earlier than 4 months after Contract date.
|
|
|
|
|
|
|
|
b)
|
|
in
respect of the 3 rd instalment, payment within three
(3) Working Days of the date of presentation of stage
certificate signed by Classification Society’s, and
Builder’s representatives stating that the main engines have
arrived to the Builder’s premises or hull are fully plated
whichever is the earlier in the form set out in Exhibit F and
a signed commercial invoice relating to the 3
rd
instalment; but not
earlier than 8 months after Contract date.
|
|
|
|
|
|
|
|
c)
|
|
in
respect of the 4 th instalment, payment within three
(3) Working Days of presentation of stage certificate signed
by Classification Society’s, and Builder’s
representatives stating that the Vessel has being launched in the
form set out in Exhibit F and a signed commercial invoice
relating to the 4 th instalment, but not earlier than
12 months after the Contract date.
|
|
|
|
|
|
|
|
d)
|
|
in
respect of the 5 th instalment, payment shall be made on
Delivery of the Vessel in accordance with Article 7,
presentation of a Protocol of Delivery and Acceptance of Vessel
signed by both the Owner’s and the Builder’s
representatives in the form set out in Exhibit E, and a signed
commercial invoice relating to the 5 th instalment.
|
|
|
|
All
amounts due and owing to the Builder and/or Owner shall be paid to
the Builder and/or Owner before the Vessel leaves the Shipyard. For
any disputed amount, Owner and/or Builder shall place such amount
into an interest bearing Bank Account in Singapore in the joint
names of the Owner and the Builder until resolution of the dispute.
In respect of 2 nd , 3 rd , and 4 th payment, the due date for the
payment is the date when the stage certificate is signed by the
relevant parties. For 5 th payment, the payment due date is the
date when the Protocol of Delivery and Acceptance is
signed.
|
|
2.4
|
|
Payment for
Modification
|
|
|
|
|
|
|
|
Any
sum due for modifications of this Contract shall be paid as
follows;
|
Page 9
|
a)
|
|
50%
within 15 days after agreement on modications have been
signed.
|
|
|
|
|
|
b)
|
|
Balance at delivery of the completed
vessel.
|
Page 10
ARTICLE 3 — ADJUSTMENT OF
CONTRACT PRICE
The Contract
Price shall be subject to adjustment, as hereinafter set forth, in
the event of the following contingencies (it being agreed and
understood by both parties that any reduction of the Contract Price
is by way of liquidated damages and not by way of
penalty):
|
3.1
|
|
Delivery:
|
|
|
|
|
|
a)
|
|
If
the delivery of the Vessel is delayed more than twenty-one
(21) days after the Delivery Date, then, in such event,
beginning at twelve o’clock midnight on the twenty first
(21 st ) day after the Delivery Date, the
Contract Price shall be reduced by deducting there from as
follows:
|
|
|
|
|
|
|
|
For
each day delay after the twenty first day after Delivery
Date per
day to be paid upto a maximum
of to
the Owner.
|
|
|
|
|
|
b)
|
|
If
delivery of the Vessel is made earlier than twenty-one
(21) days before the Delivery Date, then, in such event,
beginning at twelve o’clock midnight on the twenty second
(22 nd ) day before the Delivery Date, the
Contract Price of the Vessel shall be increased as
follows:
|
|
|
|
|
|
|
|
For
each day prior to the twenty first day before Delivery
Date per
day to be paid upto a maximum
of to
the Builder.
|
|
|
|
|
|
c)
|
|
For
the purpose of this Article, the delivery of the Vessel shall be
deemed to be delayed when and if the Vessel, after taking into full
account all postponements of the Delivery Date by reason of
permissible delays as defined in Article 8 and/or any other
reasons under this Contract, is not delivered by the date upon
which delivery is required under the terms of this
Contract.
|
|
|
|
|
|
d)
|
|
If
the delay in delivery of the Vessel, after allowing for permissible
delays under Article 7 and 8, continues for a period of
120 days or more from the twenty first day after the Delivery
Date, in such event, and after such period has expired, the Buyer
may, at its option, rescind this Contract in accordance with the
provisions of Article 10 or accept the Vessel with a total
reduction in the Contract Price of five
(5) percent.
|
|
3.2
|
|
Performance:
|
|
|
|
|
|
a)
|
|
If
the Continuous Bollard Pull at 100% MCR at trial is less
than metric
tons (as corrected for enviromental conditions approved by Class),
then the Contract Price shall be reduced by deducting on a
cumaltive basis therefrom as follows:
|
|
|
|
|
|
|
|
If
the Bollard Pull drops
below metric
tons then the Owner has the right of recission as per the
provisions of Article 10.
|
Page 11
ARTICLE 4 — APPROVAL OF
PLANS AND DRAWINGS AND
INSPECTION DURING CONSTRUCTION
|
4.1
|
|
Approval of Plans and
Drawings:
|
|
|
|
|
|
a)
|
|
The
Builder shall submit to the Owner three (3) copies each of the
plans and drawings to be submitted thereto for its address as set
forth in Article 18 hereof. The Owner shall, within seven
(7) days after receipt thereof, return to the Builder one
(1) copy of such plans and drawings with the Owner’s
approval, such approval not to be unreasonably withheld, or
comments written thereon, if any. A list of the plans and drawings
to be so submitted to the Owner shall be mutually agreed upon
between the parties hereto.
|
|
|
|
|
|
b)
|
|
When and if the Representative (as
defined in Paragraph 2 of this Article) shall have been sent
by the Owner to the Shipyard in accordance with Paragraph 2 of
this Article, the Builder may submit the remainder, if any, of the
plans and drawings in the agreed list, to the Representative for
its approval, unless otherwise agreed upon between the parties
hereto. The Representative shall, within ten (10) days after
receipt thereof, return to the Builder one (1) copy of such
plans and drawings with his approval, such approval not to be
unreasonably withheld, or comments written thereon, if any.
Approval by the Representative of the plans and drawings duly
submitted to him shall be deemed to be the approval by the Owner
for all purposes of this Contract.
|
|
|
|
|
|
c)
|
|
In
the event that the Owner or the Representative shall fail to return
the plans and drawings to the Builder within the time limit as
hereinabove provided, such plans and drawings shall be deemed to
have been automatically approved without any comment.
|
|
|
|
|
|
4.2
|
|
Appointment of Owner’s
Representative:
|
|
|
|
|
|
|
|
The
Owner may send to and maintain at the Shipyard, at the
Owner’s own cost and expense, one representative who shall be
duly authorised in writing by the Owner (herein called the
“Representative”) to act on behalf of the Owner in
connection with modifications of the Specifications, approval of
the plans and drawings, attendance to the tests and inspections
relating to the Vessel, its machinery, equipment and outfitting,
and any other matters for which he is specifically authorised by
the Owner. From time to time more than one representative may be
present, however, only the appointed Representative can act on
behalf of the owner.
|
|
|
|
|
|
4.3
|
|
Inspection by
Representative:
|
|
|
|
|
|
|
|
The
necessary inspections of the Vessel, its machinery, equipment and
outfitting shall be carried out by the Classification Society,
other regulatory bodies and/or an inspection team of the Builder
throughout the entire period of construction, in order to ensure
that the construction of the Vessel is duly performed in accordance
with this Contract and the Specifications. The Representative shall
have, during construction of the Vessel, the right to attend such
tests and inspections of the Vessel, its machinery and equipment as
are mutually agreed between the Owner and Builder. The
Builder
|
Page 12
|
|
|
shall give a notice to the
Representative reasonably in advance of the date and place of such
tests and inspections to be attended by him for his convenience.
Failure of the Representative to be present at such tests and
inspections after due notice to him as above provided shall be
deemed to be a waiver of his right to be present, but Buyers
Representatives should get test results and does not waive the
yards obligations in terms of quality.
|
|
|
|
|
|
|
|
In
the event that the Representative discovers any construction or
material or workmanship which is not deemed to conform to the
requirements of this Contract and/or the Specifications, the
Representative shall promptly give the Builder a notice in writing
as to such non-conformity. Upon receipt of such notice from the
Representative, the Builder shall correct such non-conformity, if
the Builder agrees with the Representative’s view.
|
|
|
|
|
|
|
|
In
all working hours during the construction of the Vessel until
delivery thereof, the Representative shall be given free and ready
access to the Vessel, its engines and accessories, and to any other
place where work is being done, or materials are being processed or
stored, in connection with the construction of the Vessel,
including the yards, workshops, stores and offices of the Builder,
and the premises of subcontractors of the Builder, who are doing
work or storing materials in connection with the Vessel’s
construction. Representative shall comply with all yard rules and
regulations,
|
|
4.4
|
|
Facilities:
|
|
|
|
|
|
|
|
The
Builder shall furnish the Representative and his assistant(s) with
adequate office space at no cost, and such other reasonable
facilities according to the Builder’s practice at or in the
immediate vicinity of the Shipyard as may be necessary to enable
them to effectively carry out their duties.
|
|
|
|
|
|
4.5
|
|
Liability of Builder:
|
|
|
|
|
|
|
|
The
Representative and his assistant(s) shall at all times be deemed to
be the employees of the Owner and not of the Builder.
|
|
|
|
|
|
4.6
|
|
Responsibility of
Owner:
|
|
|
|
|
|
|
|
The
Owner shall undertake and assure that the Representative shall
carry out his duties hereunder in accordance with the normal
shipbuilding practice of the Builder and in such a way as to avoid
any unnecessary increase in building cost, delay in the
construction of the Vessel, and/or any disturbance in the
construction schedule of the Builder.
|
|
|
|
|
|
|
|
The
Builder has the right to request the Owner to replace the
Representative if the Builder deems that the Representative is
unsuitable and unsatisfactory for the proper progress of the
Vessel’s construction. The Owner shall investigate the
situation by sending its representative(s) to the Shipyard if
necessary, and if the Owner considers that such Builder’s
request is justified, the Owner shall effect such replacement as
soon as can be conveniently arranged.
|
|
|
|
|
|
4.7
|
|
Construction
Schedule:
|
Page 13
|
|
|
Within thirty (30) days after
the effective date of this Contract, the Builder shall provide the
Owner with a Construction Schedule. At the beginning of every month
thereafter, the Builder shall provide the Owner with actual
progress plan. Furthermore the yard shall provide a dedicated
contact person who will be available to the Buyers Representative
during normal working hours plus one hour before start of each
workday.
|
ARTICLE 5 —
MODIFICATIONS
|
5.1
|
|
Modifications of
Specifications:
|
|
|
|
|
|
|
|
The
Specifications may be modified and/or changed by written agreement
of the parties hereto, provided that such modifications and/or
changes or an accumulation thereof will not, in the Builder’s
judgement, adversely affect the Builder’s planning or
program, and provided, further, that the Owner shall first agree,
before such modifications and/or changes are carried out, to
alterations in the Contract Price, the Delivery Date and other
terms and conditions of this Contract and Specifications occasioned
by or resulting from such modifications and/or changes.
|
|
|
|
|
|
|
|
Such agreement may be effected by
exchange of letters signed by the authorised representatives of the
parties hereto or by faxes confirmed by such letters manifesting
agreements of the parties hereto which shall constitute amendments
to this Contract and/or the Specifications.
|
|
|
|
|
|
|
|
The
Builder may make minor changes to the Specifications, if found
necessary for introduction of improved production methods or
otherwise as long as they are of better or of equal quality,
provided that the Builder shall first obtain the Owner’s
approval which shall not be unreasonably withheld
|
|
|
|
|
|
5.2
|
|
Substitution of
Materials:
|
|
|
|
|
|
|
|
In
the event that any of the materials required by the Specifications
and the Makers’ List or otherwise under this Contract for the
construction of the Vessel cannot be procured in time or are in
short supply to maintain the Delivery Date of the Vessel, the
Builder may, provided that the Owner shall so agree in writing,
supply other materials from the Allowed Makers in the Makers’
List if applicable, capable of meeting the requirements of the
Classification Society and of the rules, regulations and
requirements with which the construction of the Vessel must comply.
Any agreement as to such substitution of materials shall be
effected in the manner provided in Paragraph 1 of this
Article.
|
|
|
|
|
|
|
|
For
equipment and material not specified in the the maker list, the
builder shall have the sole right to procure as long as these
equipment and material meet the classification, technical
specification and regulatory requirments.
|
Page 14
ARTICLE 6 — TRIALS AND
ACCEPTANCE
|
6.1
|
|
Notice:
|
|
|
|
|
|
|
|
The
Owner shall receive from the Builder at least fourteen
(14) days prior notice in writing or by fax confirming in
writing of the time and place of the trial run of the Vessel, and
the Owner shall promptly acknowledge receipt of such notice. The
Owner shall have its chosen Representative(s) on board the Vessel
to witness such trial run. Failure in attendance of the
Representative(s) of the Owner at the trial run of the Vessel for
any reason whatsoever after due notice to the Owner as above
provided shall be deemed to be a waiver by the Owner of its right
to have its Representative(s) on board the Vessel at the trial run,
and the Builder may conduct the trial run without the
Representative of the Owner being present, and in such case the
Owner shall be obligated to accept the Vessel on the basis of a
certificate of the Builder that the Vessel, upon trial run, is
found to conform to this Contract and the Specifications. Non
attendance by the Owner’s Representatives in no way reduces
the Builder’s obligations under this Contract.
|
|
|
|
|
|
6.2
|
|
Weather Condition:
|
|
|
|
|
|
|
|
The
trial run shall be carried out under the weather condition which is
deemed favourable enough by the judgement of the Builder. In the
event of unfavourable weather on the date specified for the trial
run, the same shall take place on the first available day
thereafter when favourable weather condition prevails. It is agreed
that, if during the trial run of the Vessel, the weather should
suddenly become so unfavourable that orderly conduct of the trial
run can no longer be continued, the trial run shall be discontinued
and postponed until the first day next following when favourable
weather conditions prevail, unless the Owner shall assent in
writing to acceptance of the Vessel on the basis of the trial run
already made before such discontinuance has occurred.
|
|
|
|
|
|
6.3
|
|
How Conducted:
|
|
|
|
|
|
a)
|
|
All
expenses in connection with the trial run are to be for the account
of the Builder and the Builder shall provide at is own expense the
necessary crew to comply with conditions of safe navigation. The
trial run shall be conducted in the manner prescribed in the
Specifications, and shall prove fulfilment of the performance
requirements for the trial run as set forth in the Specifications.
The course of trial run shall be determined by the
Builder.
|
|
|
|
|
|
b)
|
|
Without prejudice to the generality
of the foregoing, the Builder shall supply the fuel, lubricating
and hydraulic oils; and grease for initial filling of the systems,
including any systems associated with the OFE. The Builder shall
pay the cost of the quantities of fuel, lubricating and hydraulic
oils; and grease for initial fil
|
|
