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

Appears in 9 contracts

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

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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 gross negligence of the BUYER, its employees including the BUYER’S REPRESENTATIVE and his assistants or agents. The BUYER shall havenot be liable to the BUILDER, or the BUILDER’s employees, agents, subcontractors and so forth for damages to, or loss or destruction of 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, or its employees or agents. (End of Article)

Appears in 6 contracts

Samples: Gener8 Maritime, Inc., Gener8 Maritime, Inc., 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 :

Appears in 5 contracts

Samples: 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:

Appears in 4 contracts

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

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 :

Appears in 4 contracts

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

Appears in 3 contracts

Samples: Shipbuilding Contract (Gener8 Maritime, Inc.), Shipbuilding Contract (Gener8 Maritime, Inc.), Shipbuilding Contract (Gener8 Maritime, 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 havepromptly have given the Buyer written notice of any delay in delivery of the Buyer’s supplies as soon as the delay occurs which might give rise to a claim by the Builder under the Paragraph. Furthermore, if the delay in delivery of the Buyer’s supplies should exceed ten (10) working 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 Vessel) in or on the Vessel without prejudice to the Builder’s right hereinabove provided, and the Buyer shall accept the Vessel so completed otherwise in accordance with this Contract.

Appears in 2 contracts

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

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 havepromptly have given the Buyer written notice of any delay in delivery of the Buyer’s supplies as soon as the delay occurs which might give rise to a claim by the Builder under the Paragraph. Furthermore, if the delay in delivery of the Buyer’s supplies should exceed ten (10) working 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 Vessel) in or on the Vessel without prejudice to the Builder’s right hereinabove provided, and the Buyer shall accept the Vessel so completed otherwise in accordance with this Contract.

Appears in 2 contracts

Samples: Shipbuilding Contract (Ardmore Shipping Corp), Shipbuilding Contract (Ardmore Shipping 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 VESSELVessel. In case that the delay in delivery of such Buyer's Supplies should exceed thirty (30) days beyond the date specified for delivery thereof, the Seller shall be entitled to cause the Builder to proceed with construction of the Vessel without installation of such item(s) in or onto the Vessel, without prejudice to the Seller's right hereinabove provided, however, that and the BUILDER Buyer shall haveaccept the Vessel so completed. {N1783113.1.2}

Appears in 1 contract

Samples: International Shipholding 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 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:

Appears in 1 contract

Samples: 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 :

Appears in 1 contract

Samples: Capital Maritime & Trading 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"), 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:

Appears in 1 contract

Samples: 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:

Appears in 1 contract

Samples: Shipbuilding Contract (Alma Maritime LTD)

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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 VESSELVessel. In case that the delay in delivery of such Buyer's Supplies should exceed thirty (30) days beyond the date specified for delivery thereof, the Seller shall be entitled to cause the Builder to proceed with construction of the Vessel without installation of such item(s) in or onto the Vessel, without prejudice to the Seller's right hereinabove provided, however, that and the BUILDER Buyer shall haveaccept the Vessel so completed.

Appears in 1 contract

Samples: International Shipholding Corp

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:

Appears in 1 contract

Samples: Shipbuilding Contract (Excelerate Energy, 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"), 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:

Appears in 1 contract

Samples: 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:

Appears in 1 contract

Samples: Capital Maritime & Trading 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 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:

Appears in 1 contract

Samples: Shipbuilding Contract (Gener8 Maritime, 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 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 :

Appears in 1 contract

Samples: Shipbuilding Contract (Gener8 Maritime, 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, providedthe BUYER shall be liable for additional costs and the delivery of the VESSEL shall be extended for a period equal to the period of such delay. If the delay in delivery of the BUYER's Supplies should exceed thirty (30) days, however, that the BUILDER shall havebe entitled to proceed with construction of the VESSEL in question without installation of such items in or onto the VESSEL, without prejudice to the BUILDER's right hereinabove provided, and the BUYER shall accept the VESSEL so completed 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

Samples: 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 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

Appears in 1 contract

Samples: Shipbuilding Contract (DHT Holdings, Inc.)

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