Common use of Guarantee Engineer Clause in Contracts

Guarantee Engineer. The SELLER shall at the request of the BUYER nominate for BUYER’s acceptance and, when judged satisfactory, appoint one or two Guarantee Engineer(s) (the “Guarantee Engineer”) to serve the VESSEL as the SELLER's representative(s) for a period of six (6) months from the delivery of the VESSEL with BUYER'S option up to twelve months (12). The BUYER, and its employees, shall give such Guarantee Engineer(s) full co-operation in carrying out his/their duties as the representative(s) of the SELLER on board the VESSEL. The BUYER shall accord the Guarantee Engineer(s) the treatment comparable to the VESSEL's Chief Engineer, and shall provide him with accommodation and subsistence at no cost to the SELLER and/or the Guarantee Engineer(s). The BUYER shall pay to the Guarantee Engineer(s) the sum of United States Dollars Two Thousand Five Hundred only (US$2,500) per month to cover his/their miscellaneous expenses including wages and also the BUYER shall pay the expense of repatriation to Shanghai, the People's Republic of China by air upon termination of his/their service, the expense of his/their communications with the SELLER when made in performance of his/their duties as the Guarantee Engineer(s) and the expenses, if any, of his/their medical and hospital care. The BUYER, its successor(s) and/or assign(s), shall be liable to and indemnify the SELLER and/or the Guarantee Engineer(s) for personal injuries, including death and damages to, or loss or destruction of property of the Guarantee Engineer(s), if such death, injuries, damages, loss and/or destruction were caused by gross negligence or wilful misconduct of the BUYER, its successor(s) and/or assign(s) or its employees and/or agents. Pertaining to the detailed particulars of this paragraph, an agreement will be made according to this effect between the parties hereto upon delivery of the VESSEL.

Appears in 7 contracts

Samples: Shipbuilding Contract (TBS International PLC), Contract (TBS International LTD), Contract (TBS International LTD)

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Guarantee Engineer. The SELLER BUILDER shall at have the request of the BUYER nominate for BUYER’s acceptance and, when judged satisfactory, right to appoint one or two a Guarantee Engineer(s) (the “Guarantee Engineer”) Engineer to serve on the VESSEL as the SELLER's representative(s) its representative for a period of six Three (3) months from the date the VESSEL is delivered. However, if the BUYER and the BUILDER shall deem it necessary to keep the Guarantee Engineer on the VESSEL for a longer period, then he shall remain on board the VESSEL after the said Three (3) months, but not longer than Six (6) months from the delivery of the VESSEL with BUYER'S option up to twelve months (12)VESSEL. The BUYER, and its employees, shall give such Guarantee Engineer(s) Engineer full co-operation cooperation in carrying out his/their his duties as the representative(s) representative of the SELLER BUILDER on board the VESSEL. The Guarantee Engineer shall sign BUYER’s Indemnity Forms and shall at all times deemed to be an employee of the BUILDER. The BUYER shall accord the Guarantee Engineer(s) the Engineer treatment comparable to the VESSEL's ’s Chief Engineer, and shall provide him with accommodation board and subsistence lodging at no cost to the SELLER BUILDER and/or the Guarantee Engineer(s)Engineer. The While the Guarantee Engineer is on board the VESSEL, the BUYER shall pay to the Guarantee Engineer(s) BUILDER the sum of Seven Thousand United States Dollars Two Thousand Five Hundred only (US$2,500US$ 7,000.-) per month as a compensation for a part of cost and charges to cover his/their miscellaneous expenses including wages be borne by the BUILDER in connection with Guarantee Engineer and also the BUYER shall pay the expense expenses of his repatriation to ShanghaiSeoul, the People's Republic of China Korea by air upon termination of his/their his service, the expense expenses of his/their communications his communication with the SELLER when made BUILDER incurred in performance of his/their performing his duties as the Guarantee Engineer(s) and the expenses, if any, of his/their his medical and hospital care. The BUYER, its successor(s) and/or assign(s), shall be liable to and indemnify care in the SELLER and/or the Guarantee Engineer(s) for personal injuries, including death and damages to, or loss or destruction of property of the Guarantee Engineer(s), if such death, injuries, damages, loss and/or destruction were caused by gross negligence or wilful misconduct of the BUYER, its successor(s) and/or assign(s) or its employees and/or agentsVESSEL’s hospital. Pertaining to the detailed particulars of this paragraphParagraph, an agreement will be made according to this effect between the parties hereto upon delivery of the VESSEL.. (End of Article)

Appears in 6 contracts

Samples: Construction and Sale (Danaos Corp), Construction and Sale (Danaos Corp), Construction and Sale (Danaos Corp)

Guarantee Engineer. The SELLER BUILDER shall at have the request of the BUYER nominate for BUYER’s acceptance and, when judged satisfactory, right to appoint one or two a Guarantee Engineer(s) (the “Guarantee Engineer”) Engineer to serve on the VESSEL as the SELLER's representative(s) its representative for a period of six Three (3) months from the date the VESSEL is delivered. However, if the BUYER and the BUILDER shall deem it necessary to keep the Guarantee Engineer on the VESSEL for a longer period, then he shall remain on board the VESSEL after the said Three (3) months, but not longer than Six (6) months from the delivery of the VESSEL with BUYER'S option up to twelve months (12)VESSEL. The BUYER, and its employees, shall give such Guarantee Engineer(s) Engineer full co-operation cooperation in carrying out his/their his duties as the representative(s) representative of the SELLER BUILDER on board the VESSEL. The Guarantee Engineer shall sign BUYER’s Indemnity Forms and shall at all times deemed to be an employee of the BUILDER. The BUYER shall accord the Guarantee Engineer(s) the Engineer treatment comparable to the VESSEL's ’s Chief Engineer, and shall provide him with accommodation board and subsistence lodging at no cost to the SELLER BUILDER and/or the Guarantee Engineer(s)Engineer. The While the Guarantee Engineer is on board the VESSEL, the BUYER shall pay to the Guarantee Engineer(s) BUILDER the sum of United States Dollars Two Six Thousand and Five Hundred only (US$2,500US$ 6,500.-) per month as a compensation for a part of cost and charges to cover his/their miscellaneous expenses including wages be borne by the BUILDER in connection with Guarantee Engineer and also the BUYER shall pay the expense expenses of his repatriation to Shanghai, the People's Republic of China Korea by air upon termination of his/their his service, the expense expenses of his/their communications his communication with the SELLER when made BUILDER incurred in performance of his/their performing his duties as the Guarantee Engineer(s) and the expenses, if any, of his/their his medical and hospital care. The BUYER, its successor(s) and/or assign(s), shall be liable to and indemnify care in the SELLER and/or the Guarantee Engineer(s) for personal injuries, including death and damages to, or loss or destruction of property of the Guarantee Engineer(s), if such death, injuries, damages, loss and/or destruction were caused by gross negligence or wilful misconduct of the BUYER, its successor(s) and/or assign(s) or its employees and/or agentsVESSEL’s hospital. Pertaining to the detailed particulars of this paragraphParagraph, an agreement will be made according to this effect between the parties hereto upon delivery of the VESSEL.. (End of Article)

Appears in 5 contracts

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

Guarantee Engineer. The SELLER shall at the request of the BUYER nominate for BUYER’s acceptance and, when judged satisfactory, appoint one or two an English speaking Guarantee Engineer(s) (the “Guarantee Engineer”) Engineer to serve on the VESSEL as the SELLER's representative(s) its Representative for a period of three (3) months from the date the VESSEL is delivered. However, if the BUYER and the SELLER shall deem it necessary to keep the Guarantee Engineer on the VESSEL for a longer period, then he shall remain on board the VESSEL after the said three (3) months but not longer than six (6) months from the delivery of the VESSEL with BUYER'S option up to twelve months (12)VESSEL. The BUYER, and its employees, employees shall give such Guarantee Engineer(s) Engineer full co-operation cooperation in carrying out his/their his duties as the representative(s) representative of the SELLER on board the VESSEL. The BUYER shall accord the Guarantee Engineer(s) the Engineer treatment comparable to the VESSEL's ’s Chief EngineerEngineer as far as possible, and shall provide him with accommodation board and subsistence lodging at no cost to the SELLER and/or the Guarantee Engineer(s)Engineer. The SELLER and the BUYER shall, prior to delivery of the VESSEL, execute a separate agreement regarding the Guarantee Engineer. While the Guarantee Engineer is on board the VESSEL, the BUYER shall pay to the Guarantee Engineer(s) SELLER the sum of United States Dollars Two Thousand Five Hundred only (US$2,500) 2,500 per month to cover his/their miscellaneous and the expenses including wages and also the BUYER shall pay the expense of his repatriation to Shanghai, the People's ’s Republic of China by air (economy class) upon termination of his/their his service, the expense . The expenses of his/their communications his communication with the SELLER when made incurred in performance of his/their performing his duties as the Guarantee Engineer(s) shall be for SELLER’s account and the expenses, if any, of his/their his medical and hospital carecare in the VESSEL’s hospital shall be for BUYER’s account. Notwithstanding the above, the Guarantee Engineer shall remain at all times an employee of the SELLER. The BUYER, its successor(s) successors and/or assign(s), assigns shall be liable to and indemnify the SELLER and/or for damage or loss arising from personal injury or death of the Guarantee Engineer(s) for personal injuries, including death and damages to, Engineer or from loss or destruction of the property of the Guarantee Engineer(s), Engineer if such death, injuries, damages, loss and/or destruction were personal injury or property damage is caused by gross the negligence or wilful willful misconduct of the BUYER, its successor(s) and/or assign(s) successors or its assigns, employees and/or or agents. Pertaining to The BUYER shall be responsible for risk insurance for the detailed particulars Guarantee Engineer. (end of this paragraph, an agreement will be made according to this effect between the parties hereto upon delivery of the VESSEL.Article)

Appears in 4 contracts

Samples: Construction Of (Seaspan CORP), Seaspan CORP, Seaspan CORP

Guarantee Engineer. The SELLER shall BUILDER shall, at the request of the BUYER nominate for BUYER’s acceptance and, when judged satisfactoryOWNER, appoint one or a maximum of two (2) Guarantee Engineer(s) (the “Guarantee Engineer”) Engineers to serve on the VESSEL as the SELLER's representative(s) its representative for a period of six up to Three (3) months from the date the VESSEL is delivered. However, if the OWNER shall deem it necessary to keep the Guarantee Engineers on the VESSEL for a longer period, then they shall remain on board the VESSEL after the said three (3) months, up to but not longer than Six (6) months from the delivery of the VESSEL with BUYER'S option up to twelve months (12)VESSEL. The BUYEROWNER, and its employees, shall give such Guarantee Engineer(s) Engineers full co-operation cooperation in carrying out his/their duties as the representative(s) representative of the SELLER BUILDER on board the VESSEL. The BUYER OWNER shall accord the Guarantee Engineer(s) the Engineers treatment comparable to the VESSEL's Chief Engineer, and shall provide him with accommodation board and subsistence lodging at no cost to the SELLER and/or BUILDER or the Guarantee Engineer(s)Engineers. The BUYER BUILDER and the OWNER shall, prior to delivery of the VESSEL, execute a separate agreement regarding the Guarantee Engineers, including an appropriate mutual hold harmless agreement. While the Guarantee Engineers are on board the VESSEL, the OWNER shall pay to the Guarantee Engineer(s) Engineers the sum of United States Dollars Two Thousand Five Hundred only (US$2,500) 5,000 per month to cover his/month, the expenses of their miscellaneous expenses including wages and also the BUYER shall pay the expense of repatriation to Shanghai, the People's Republic of China Korea by air upon termination of his/their service, the expense expenses of his/their communications communication with the SELLER when made BUILDER incurred in performance of his/performing their duties as the Guarantee Engineer(s) and the expenses, if any, of his/their medical and hospital carecare in the VESSEL's hospital. BUILDER will have the option, at BUILDER's sole risk and expense, to place a maximum of two (2) Guarantee Engineers on board the VESSEL for a period of up to six (6) months. The BUYEROWNER will provide board, its successor(s) and/or assign(s)lodging, communications and general working support services at no cost to the BUILDER or the Guarantee Engineers but all other expenses shall be liable to and indemnify for the SELLER and/or the Guarantee Engineer(s) for personal injuries, including death and damages to, or loss or destruction sole account of property BUILDER. (End of the Guarantee Engineer(sArticle), if such death, injuries, damages, loss and/or destruction were caused by gross negligence or wilful misconduct of the BUYER, its successor(s) and/or assign(s) or its employees and/or agents. Pertaining to the detailed particulars of this paragraph, an agreement will be made according to this effect between the parties hereto upon delivery of the VESSEL.

Appears in 2 contracts

Samples: R&b Falcon Corp, R&b Falcon Corp

Guarantee Engineer. The SELLER If requested by the Buyer, however such request shall be made at least three months prior to the request scheduled Delivery Date of the BUYER nominate for BUYER’s acceptance andVESSEL, when judged satisfactory, the BUILDER shall appoint one or two Guarantee Engineer(s) (the “Guarantee Engineer”) [***] 38/65 Shipbuilding Contract Hull No. 0120833 Engineer to serve the VESSEL as the SELLER's BUILDER’s representative(s) for a period of six Six (6) months from the delivery of the VESSEL with BUYER'S option up to twelve months (12)VESSEL. The BUYER, and its employees, shall give such Guarantee Engineer(s) full co-operation in carrying out his/their duties as the representative(s) of the SELLER BUILDER on board the VESSEL. The BUYER shall accord the Guarantee Engineer(s) the treatment comparable to the VESSEL's ’s Chief Engineer, and shall provide him with accommodation and subsistence at no cost to the SELLER BUILDER and/or the Guarantee Engineer(s). The BUYER shall pay to the Guarantee Engineer(s) the sum of United States Dollars Two Three Thousand Five Hundred only (US$2,500US$ 3,500.00) per month per person to cover his/their miscellaneous expenses including wages and also the BUYER shall pay the expense of repatriation to ShanghaiJingjiang, the People's ’s Republic of China by air upon termination of his/their service, the expense of his/their communications with the SELLER BUILDER when made in performance of his/their duties as the Guarantee Engineer(s) and the expenses, if any, of his/their medical and hospital care. The BUYER, its successor(s) and/or assign(s), shall be liable to and indemnify the SELLER BUILDER and/or the Guarantee Engineer(s) and/or the SELLER for personal injuries, including death and damages to, or loss or destruction of property of the Guarantee Engineer(s), if such death, injuries, damages, loss and/or destruction were caused by gross negligence or wilful misconduct of the BUYER, its successor(s) and/or assign(s) or its employees and/or agents. Pertaining to the detailed particulars of this paragraphParagraph, an agreement will be made according to this effect between the parties hereto upon delivery of the VESSEL.. [***] Shipbuilding Contract Hull No. 0120833

Appears in 2 contracts

Samples: Contract (Himalaya Shipping Ltd.), Contract (Himalaya Shipping Ltd.)

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Guarantee Engineer. The SELLER BUILDERS shall at the request of the BUYER nominate for BUYER’s acceptance and, when judged satisfactory, appoint one or two Guarantee Engineer(s) (the “Guarantee Engineer”) to serve the VESSEL as the SELLER's BUILDERS’ representative(s) for a period of six up to twelve (612) months from the delivery of the VESSEL with BUYER'S option up to twelve months (12)as the SELLER may decide the period of his staying on the VESSEL. The BUYER, and its employees, shall give such Guarantee Engineer(s) full co-operation in carrying out his/their duties as the representative(s) of the SELLER BUILDERS on board the VESSEL. The BUYER shall accord the Guarantee Engineer(s) the treatment comparable to the VESSEL's ’s Chief Engineer, and shall provide him with accommodation and subsistence at no cost to the SELLER BUILDERS and/or the Guarantee Engineer(s). The BUYER shall pay to the Guarantee Engineer(s) the sum of United States Dollars Two Thousand Five Hundred only (US$2,500) per month to cover his/their miscellaneous expenses including wages and also the BUYER shall pay the expense of repatriation to ShanghaiBeijing, the People's ’s Republic of China by air upon termination of his/their service, the expense of his/their communications with the SELLER BUILDERS when made in performance of his/their duties as the Guarantee Engineer(s) and the expenses, if any, of his/their medical and hospital care. The BUYER, its successor(s) and/or assign(s), shall be liable to and indemnify the SELLER BUILDERS and/or the Guarantee Engineer(s) and/or the SELLER for personal injuries, including death and damages to, or loss or destruction of property of the Guarantee Engineer(s), if such death, injuries, damages, loss and/or destruction were caused by gross negligence or wilful misconduct of the BUYER, its successor(s) and/or assign(s) or its employees and/or agents. Pertaining to the detailed particulars of this paragraphParagraph, an agreement will be made according to this effect between the parties hereto upon delivery of the VESSEL. Date: 39/63 Shipbuilding Contract Hull No.

Appears in 1 contract

Samples: Shipbuilding Contract (Scorpio Bulkers Inc.)

Guarantee Engineer. The SELLER shall at have the request of the BUYER nominate right to arrange for BUYER’s acceptance and, when judged satisfactory, appoint one or two Guarantee Engineer(s) (the “Guarantee Engineer”) Engineer to serve on the VESSEL as the SELLER's representative(s) ’S representative for a period of six twelve (612) months months, at SELLER’s option, from the date of delivery of the VESSEL with BUYER'S option up to twelve months (12)VESSEL. The BUYER, BUYER and its employees, employees shall give such Guarantee Engineer(s) Engineer full co-operation cooperation in carrying out his/their his duties as the representative(s) representative of the SELLER on board onboard the VESSEL. The BUYER shall accord the Guarantee Engineer(s) Engineer the treatment comparable to the VESSEL's ’s Chief Engineer, and shall provide him with accommodation and subsistence at no cost to the SELLER and/or the Guarantee Engineer(s)Engineer. The BUYER may at its option terminate the stay of the Guarantee Engineer before the completion of one (1) year but in no event earlier than three (3) months after delivery of the VESSEL, with SELLER’s prior approval which not to be unreasonably withheld. The BUYER shall pay to the SELLER for the Guarantee Engineer(s) Engineer the sum of United States Dollars Two Thousand Five Hundred two thousand only (US$2,500USD 2,000.00) per month to cover his/their miscellaneous expenses including wages and the BUYER shall pay expense of repatriation of one person to Romania, by air upon termination of his service, and also the BUYER shall pay the expense of repatriation to Shanghai, the People's Republic of China by air upon termination of his/their service, the expense of his/their his communications with the SELLER when made in performance of his/their his duties as the Guarantee Engineer(s) Engineer and the expenses, if any, of his/their his medical and hospital care. The BUYER, its successor(s) and/or assign(s), BUYER shall be liable to and indemnify the SELLER and/or the Guarantee Engineer(s) Engineer for personal injuries, including death and damages to, or loss or destruction of property of the Guarantee Engineer(s)Engineer, if such death, death injuries, damages, loss and/or destruction were caused by gross negligence or wilful misconduct of the BUYER, its successor(s) and/or assign(s) or its employees and/or agents. In case the BUYER considers that the Guarantee Engineer is unsuitable for the job or is uncooperative with the VESSEL’s Chief Engineer, then the BUYER shall notify accordingly the SELLER and the SELLER shall assist to arrange replacement provided that such replacement is approved by the SELLER, and the crews certificates and passports of the replacing engineer(s) can be procured. Until the replacement is arranged as aforesaid, no replacement of the Guarantee Engineer on aboard shall be effected. Pertaining to the detailed particulars of this paragraph, an agreement a detailed Contract will be made according to this effect executed between the parties hereto Parties upon delivery of the VESSEL.

Appears in 1 contract

Samples: Shipbuilding Contract (Aegean Marine Petroleum Network Inc.)

Guarantee Engineer. The SELLER shall at the request of the BUYER nominate for BUILDER may appoint subject to BUYER’s acceptance andagreement, when judged satisfactory, appoint one or two Guarantee Engineer(s) (the “Guarantee Engineer”) Engineer to serve the VESSEL as the SELLER's representative(s) BUILDER’s representative for a period of six three (63) months from the delivery of the VESSEL with BUYER'S option up to twelve months (12)VESSEL. The BUYER, and its employees, shall give such Guarantee Engineer(s) Engineer full co-operation cooperation in carrying out his/their his duties as the representative(s) representative of the SELLER BUILDER on board the VESSEL. The BUYER shall accord the Guarantee Engineer(s) Engineer the treatment comparable to the VESSEL's ’s Chief Engineer, and shall provide him with accommodation and subsistence at no cost to the SELLER BUILDER and/or the Guarantee Engineer(s)Engineer. The BUYER shall pay to the Guarantee Engineer(s) Engineer the sum of United States Dollars Two Thousand Five Hundred only (US$2,500) per month to cover his/their miscellaneous expenses including wages and also the BUYER shall pay the expense of Shipbuilding Contract For Construction of One 82,000 DWT Bulk Carrier (Hull No. ) repatriation to Shanghai, the People's Republic Country of China Construction by air upon termination of his/their his service, the expense of his/their his communications with the SELLER BUILDER when made in performance of his/their his duties as the Guarantee Engineer(s) Engineer. The Guarantee Engineer shall at all times remain the employee of the BUILDER and the expenses, if any, of his/their medical and hospital care. The BUYER, its successor(s) and/or assign(s), SELLER shall be liable to and indemnify the SELLER and/or the Guarantee Engineer(s) BUYER for all claims for his death or personal injuries, including death and damages toinjury, or loss of or destruction damage of his property of whilst on board the Guarantee Engineer(s), if VESSEL unless such death, injuries, damagesinjury, loss and/or destruction were caused by gross negligence or wilful damage has resulted from the willful misconduct of the BUYER, his crew or employees. The BUYER has the option in its successor(s) and/or assign(s) absolute discretion to require the SELLER to assign to it the SELLER’s rights against one or its employees and/or agentsmore of the SELLER’s sub­contractors at any time before or during the SELLER’s warranty period. Pertaining to If the detailed particulars of this paragraph, an agreement will be made according to this effect between the parties hereto upon option is exercised before delivery of the VESSEL., the SELLER shall deliver a validly executed assignment of such rights to the BUYER in accordance with the provisions of Article VII 3. If this option is exercised after delivery of the VESSEL, the SELLER shall deliver such an assignment within 21 days of receiving the BUYER’s written request to do so. Shipbuilding Contract For Construction of One 82,000 DWT Bulk Carrier (Hull No. )

Appears in 1 contract

Samples: Shipbuilding (Scorpio Bulkers Inc.)

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