TECHNICAL  GUARANTEE Clause Samples

TECHNICAL  GUARANTEE. 24.1. The technical guarantee of the Ship shall have the not extendable validity of twelve (12) calendar months (except for those equipments for which the supplier grants a longer period ) commencing on the date of the Ship's delivery to the Owner. On Owner’s request, FINC shall, at its own expense, repair and/or replace at one of its Shipyards any part of its own supply (including the supply of its Sub-contractors and suppliers) for which the Owner notifies on delivery defects or deviations or which, during the foregoing guarantee period, show defects and deviations not remarkable on delivery, chargeable either to design, materials or workmanship, provided that such defects and deviations are notified in writing to FINC on delivery or, at the latest, within one (1) month from the date of their discovery and provided that the Owner can prove that such defects and deviations are attributable to FINC. Repairs and replacements carried out by FINC in accordance with this Article shall be covered by a prolongation of guarantee governed by all the provisions of this Article but the extent of the guarantee shall in no case exceed the time period of twentyfour (24) months from the date of Ship's delivery. In the event that the Ship should need to be dry-docked, solely for repairs or for replacements made necessary by defects or deviations attributable to FINC, pursuant to the provisions of this Article, the relevant expenses shall be borne by FINC exclusively. 24.2. Should it be necessary, owing to the conditions and location of the Ship or to avoid delays in carrying out urgent repairs or replacements, the Owner may have the repair and/or replacement work covered by FINC's guarantee carried out elsewhere from FINC's Shipyards, provided that the Owner previously notifies FINC, by letter or facsimile, about the type and extent of the defects or deviations to be remedied, stating the reason for necessity to have the work carried out elsewhere and provided the relevant approval from FINC is received by the Owner. In such a case, FINC shall reimburse to the Owner the documented expenses incurred by the Owner for such repairs and/or replacements. Such a reimbursement, however, shall not exceed the cost which FINC would have borne by carrying out the repairs and/or replacements at its Shipyards. If requested by FINC, the Owner shall return, at its care and expense, the parts replaced. FINC shall not have to make any reimbursement for works, repairs and/or replacements c...