6745831 awes shipbuilding contract

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    PREFACE PREFACEDuring the 124 AWES StandingCommittee Meeting, held in December1995 in Belfast, it was decided toelaborate a new issue of the StandardShipbuilding Contract of AWES, asproposed by the Director. The aim was to

    prepare a new text to substitute the lastone drafted back in 1972. Since then andafter a long process of consultations,exchanges and several ad-hoc meetingsthe new text, as presented now, has beenworked out.

    I firstly have to acknowledge with thanksthe effort carried out by the Drafting Groupmade up by:

    Dr. Michael Baumhauer

    Mr. Jyrki HeinimaaDr. Mathias MnchauMr. Jos Esteban PrezMr. Michael PrehnMr. Ruud SchoutenDr. Stefan Schrandt

    Vadm. Renato SicurezzaMr. Taavi SoininvaaraMr. Wim TimmersDr. Giuseppe Volp

    to complete this specialized task while

    attending their daily work within a spirit offull co-operation and openness to dialogueat the two decisive meetings in Hamburgand Barcelona.

    Special mention deserves Dr. MathiasMnchau, as diligent and effectivecoordinator during the final productionphase. I hope that this Standard ContractForm be useful to all shipyards of theAWES Associations, with this intention wehave worked.

    Jos Esteban PrezAWES DIRECTOR

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    INDEX INDEXARTICLE 1: SUBJECT OF CONTRACTpar. a Vessel's description and main characteristics........................................9par. b Yard Number........................................................................................10

    par. c Vessel's Registration and Classification...............................................10par. d Decisions of the Classification Society.................................................10par. e Subcontracting .....................................................................................10

    ARTICLE 2: INSPECTION AND APPROVALpar. a Inspection during Construction.............................................................11par. b Approval ................................................................

    ...............................11

    ARTICLE 3: MODIFICATIONSpar. a Purchaser's Modifications.....................................................................13par. b Contractor's Modifications ....................................................................13par. c Modifications by Regulatory Bodies and Classification Society ...........13par. d Payment for adjustments of price.........................................................14par. e Information ...........................................................................................14

    ARTICLE 4: TRIALSpar. a Notice ...................................................................................................15par. b Weather Conditions..............................................................................15par. c Carrying out..........................................................................................15par. d Method of Acceptance or Rejection .....................................................15par. e Effect of Acceptance ............................................................................16par. f Surplus Consumable Stores.................................................................16

    ARTICLE 5: GUARANTEE FOR SPEED, CARGO CARRYINGCAPACITYAND FUEL CONSUMPTIONpar. a Speed...................................................................................................17par. b Deadweight capacity ............................................................................17par. c Grain/bale capacity...............................................................................18

    par. d Fuel Consumption ................................................................................18

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    ARTICLE 6: DELIVERY OF THE VESSELpar. a Time and Place of Delivery .................................................................20par. b Delivery Documentation .......................................................................20par. c Liquidated Damages and Premiums ....................................................21

    par. d Force Majeure ......................................................................................21par. e Permissible Delay.................................................................................21

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    ARTICLE 7: PRICEpar. a Contract Price.......................................................................................23par. b Instalments...........................................................................................23par. c Payment procedures ......................................................

    ......................23par. d Payment for Modifications....................................................................23par. e Payment for liquidated Damages and Premiums .................................23par. f Prompt Payment...................................................................................24

    ARTICLE 8: PROPERTYpar. a General Plans, Specifications and Working Drawings .........................25

    par. b Property in the Vessel ..........................................................................25

    ARTlCLE 9:INSURANCE........................................................................................26

    ARTlCLE 10:DEFAULT BY THE PURCHASER.......................................................27

    ARTlCLE 11:DEFAULT BY THE CONTRACTOR....................................................28

    ARTlCLE 12: GUARANTEEpar. a Extent of Guarantee .............................................................................29par. b Guarantee Engineer.............................................................................30

    ARTlCLE 13:CONTRACT EXPENSES.....................................................................31

    ARTICLE 14:PATENTS.............................................................................................32

    ARTICLE 15: INTERPRETATION, REFERENCE TOEXPERT AND ARBITRATIONpar. a Interpretation ........................................................................................33par. b Reference to experts assessment......................................................33

    par. c Arbitration.............................................................................................33

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    ARTICLE 16:CONDITION FOR THE CONTRACT TOBECOME EFFECTIVE.........................................................................35

    ARTICLE 17:LEGAL DOMICILE..................................................................

    .............36

    ARTICLE 18:ASSIGNMENT .....................................................................................37

    ARTlCLE 19:LIMITATION OF LIABILITY.................................................................38

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    ARTlCLE 20: ADDRESSES FOR CORRESPONDENCE..............................................par. a Contractor's addresses.........................................................................39par. b Purchaser's addresses.........................................................................40

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    CONTRACT CONTRACTBetween: .....................................................................................................................................................................................................................................................................................................................................................................

    ..................................................................

    ................................................................................

    ..................................................................a company organized and existing under the laws of ..................................................................................................................................................................................................................with its registered office in .........................................................................................................hereinafter called the "PURCHASER"and................................................................................

    ..................................................................................................................................................

    ..................................................................

    ................................................................................

    ..................................................................

    ................................................................................

    ..................................................................a company organized and existing under the laws of ..................................................................................................................................................................................................................with its registered office in..........................................................................................................

    hereinafter called the "CONTRACTOR",

    IT IS HEREBY AGREED AND STIPULATED AS FOLLOWS:

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    ARTICLE 1: SUBJETCT OF CONTRACT ARTICLE 1: SUBJETCT OF CONTRACT

    (a) VESSEL's description and maincharacteristics

    The CONTRACTOR undertakes to build atthe CONTRACTOR's yard in .......................................................... (hereinafter calledthe"Shipyard") and to deliver to thePURCHASER, who orders andundertakes to accept delivery of....................................................................................................................................................................................................................................................................................................................................................of approximately.........................................

    ........................................................................................................................................metric tons deadweight, hereinafter calledthe "VESSEL", subject to and inaccordance with this CONTRACT andrelevant specification(s) No (s) ..................dated ....................... and general plan(s)No(s) ..........................................................signed by both parties (together the"Specifications"), which form an integralpart of this CONTRACT, although notattached hereto.

    In the event of any conflict between thisCONTRACT and the Specifications theprovisions of this CONTRACT shallprevail. In the event of any conflictbetween the specification(s) and thegeneral plan(s) the provisions of thespecification(s) shall prevail.

    Notwithstanding the above, it isunderstood that the foregoingspecification(s) and general plan(s) arecomplementary and that everything

    contained in the general plan(s) and notmentioned in the specification(s) and viceversa is to be understood as included inboth the foregoing documents.

    The VESSEL shall have the dimensionsand characteristics stated in theSpecifications, including the followingmain particulars:

    ...length between perpendiculars,approximately: ....................................

    ............................................................

    -....breadth moulded, approximately:

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    ..............................................................

    ..............................................................

    ..............................................................

    ...depth to ........................ deck frombase line, approximately: ...............................................................................

    ...design draft in salt water,approximately: ................................................................................................

    ...scantling draft: .............................................................................................................................................................

    ...deadweight at design draft (specific

    gravity 1.025): ............................................................................................................................................................

    ...main propulsion plant: ....................................................................................

    ...type: ...........................................................................................................................................................................

    ... maximum continuous rating: ..............................................................KWatt

    ...trial speed of the VESSEL with a cleanhull, on even keel at the design draft,with the main propulsion machinery

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    developing an output of ... KWatt(measured at the outgoing shaft)under good conditions, viz. wind notexceeding 2 beaufort and in calm,deep,current free water ..................................................................................

    ............................................................knots ...................................................

    ... other main particulars of the VESSEL............................................................

    (b) Yard NumberThe VESSEL shall, for the purpose ofidentification only, be known as YardNumber ..........................................................................................................................

    (c) VESSEL's Registration and

    Classification

    The VESSEL shall comply with the laws,rules, regulations and enactmentspublished and in force in ....................... on........................................................................................................................................as stated in the Specifications.

    The VESSEL shall be built under thesurvey of ....................................................

    (hereinafter the "Classification Society") to

    ....................................................................Class and in accordance with normalshipbuilding practices in ............................for new vessels of the type and generalcharacteristics of the VESSEL. TheVESSEL shall also comply with the rules,regulations and requirements of otherrelevant authorities as set out in theSpecifications (hereinafter the "Regulatory

    Bodies"). Classification, survey and testingcharges relating to the CONTRACTOR'sobligations and items of supply under thisCONTRACT shall be for the account ofthe CONTRACTOR. The registration ofthe VESSEL shall be carried out by the

    PURCHASER and the costs andexpenses thereof shall be forPURCHASER's account.

    (d) Decisions of theClassification

    Society

    The decisions of the Classification Society

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    shall be final and binding on bothcontracting parties as to the VESSEL'scompliance or non-compliance with therules and regulations, observance ofwhich is to be controlled by theClassification Society.

    (e) SubcontractingThe CONTRACTOR has the right tosubcontract part of the work to thirdparties.

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    ARTICLE 2: INSPECTION AND APPROVAL ARTICLE 2: INSPECTION AND APPROVAL(a) Inspection during ConstructionThe PURCHASER shall have the right tohave the VESSEL and all engines,machinery, outfit and equipment intendedtherefore inspected during construction by

    one or more (up to a maximum of ...)authorized representative(s) (jointly the"Representative") to whom theCONTRACTOR shall grant free access forsuch purposes during working hours to theVESSEL and to the Shipyard andworkshops, save and except areas whichare controlled for purposes of nationalsecurity. The CONTRACTOR will obtainfor the PURCHASER's right of access tosubcontractors premises as far aspossible. The inspection will be at the

    PURCHASER's risk and expense.

    The CONTRACTOR will make availablefor the PURCHASER's Representativeappropriate office space at the Shipyardfurnished with telephone, fax and otherbasic office facilities at CONTRACTOR'scosts and expenses. Alltelecommunication charges shall be foraccount of the PURCHASER.

    The PURCHASER's Representativewhose name, duties and extent of

    authority are to be made known inadvance, shall observe the works' rulesprevailing at the CONTRACTOR's and theSUBCONTRACTOR's premises. He shalladdress his remarks exclusively to theCONTRACTOR's appointedrepresentative(s) whose name(s) shall bemade known to the PURCHASER.

    During construction of the VESSEL, theCONTRACTOR shall give thePURCHASER's Representativereasonable advance notice of importanttests and inspections in order to enablehim to attend. Failure of theRepresentative to be present at such testsand inspections after due notice shall bedeemed to be a waiver of this right to bepresent.

    Should the PURCHASER elect to use asthe Representative to firms or personsother than or in addition to its full timeemployees, different or in addition to theones established in the provisions of this

    CON-TRACT, admittance of such firms orpersons and their duties shall be subjectto the CONTRACTOR's prior written

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    approval, which shall not be unreasonablywithheld.

    (b) ApprovalThe CONTRACTOR shall send to thePURCHASER (or its Representative) forapproval three copies of the drawings and

    the technical information of machinery andequipment, for which such approval isrequired by the Specifications. One of thethree copies so submitted shall be

    returned, either approved, orsupplemented with remarks andamendments, to reach the

    CONTRACTOR within ... days from thedate of receipt by the PURCHASER orwithin ... days after despatch by the

    CONTRACTOR, whichever is the sooner,and if this is not done within this time limitthe drawings and technical information

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    shall be regarded as approved, unlessadditional time is specifically requested inwriting by the PURCHASER and agreed inwriting by the CONTRACTOR.

    If the drawings and technical information

    are returned to the CONTRACTOR withinthe said time limit supplemented withremarks and amendments by thePURCHASER and if the said remarks andamendments are not of such a nature orextent as to constitute modifications underArticle 3 hereof, then the CONTRACTORshall start or continue production on thebasis of the corrected or amendeddrawings and technical information. Incase of any dispute concerning thedrawings and/or technical information

    which can not be solved by negotiationsthe dispute shall be referred to expertsassessment in accordance with Art. 15(b)of the CONTRACT. Any delay caused bysuch dispute shall be Permissible Delay(see Art. 6 (e)).

    There is attached to the Specifications aMakers' List of major items on which thePURCHASER and CONTRACTOR agreeon one or more suppliers and/orsubcontractors. The CONTRACTOR shallbe free to choose any of the proposed

    suppliers and/or subcontractors. Shouldthe PURCHASER prefer a particularsupplier and/or subcontractor other thanthe one actually chosen by theCONTRACTOR (whether or not originallyproposed by the CONTRACTOR) andshould the PURCHASER's preferenceinvolve a cost change the CONTRACTORshall quote the amount of such costchange to the PUR-CHASER who shallthen have the option to notify theCONTRACTOR within ... days from the

    date of receipt of such notice by thePURCHASER of the CONTRACTOR'schosen (selected) suppliers and/orsubcontractors or within ... days fromdespatch on the CONTRACTOR's notice,whichever is the sooner, that it insists onits preference, and in such case theamount of the cost change shall be addedto or de-ducted from the contract price.Failing any action by the PURCHASER orin case of dissent, the CON-TRACTORshall, subject to the CONTRACTOR's

    guarantee liability under Article 12 hereof,be free to use any of the suppliers and/orsubcontractors proposed.

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    It is agreed that all contact with theCONTRACTOR's suppliers concerningsupplies intended for the VESSEL underthis CONTRACT shall be made throughthe CONTRACTOR.

    The above approvals do not diminish theCONTRACTOR's responsibility for theconstruction of the VESSEL.

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    ARTICLE 3: MODIFICATIONS ARTICLE 3: MODIFICATIONS(a) PURCHASERs ModificationsThe PURCHASER may request theCONTRACTOR in writing to makemodifications to the Specifications and theCONTRACTOR will agree to carry out

    such modifications provided that suchmodifications or an accumulation of suchmodifications will not in theCONTRACTOR's judgement adverselyaffect the CON-TRACTOR's planning orprogramme in relation to theCONTRACTOR's other commitments andprovided that the CONTRACTOR and thePURCHASER fully agree expressly and inwriting within 10 days from the despatch ofthe CONTRACTOR's notification upon the

    (a) adjustment of price, (b) adjustment ofDelivery Date, (c) adjustment ofdeadweight and/or grain/bale capacity, (d)adjustment of speed requirements and (e)any other adjustment of the CONTRACTand/or Specifications.The PURCHASER will keep modificationsto Specifications to a minimum. TheCONTRACTOR has the right to continueproduction on the basis of theSpecifications until agreement has beenreached as above stated.

    (b) CONTRACTOR's ModificationsThe CONTRACTOR may seek thePURCHASER's approval to makechanges to the Specifications. Theseproposed changes will be dealt with in themanner as described in paragraph (a) ofthis Article.

    The CONTRACTOR is entitled to makeminor changes to the Specifications anddrawings, not affecting the VESSEL'sperformance characteristics if suchchanges are found necessary to suit theShipyard's local conditions and facilities,the availability of materials and equipment,the introduction of improved productionmethods or otherwise.

    (c) Modifications by Regulatory Bodiesand Classification Society

    In the event that subsequent to the datestated in Article 1 paragraph (c) anymodifications, deletions or additions aremade to the laws, rules, regulations and

    enactments applicable to the VESSEL ortheir interpretation or their application(including withdrawal of provisional

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    approvals of the Classification Societyand/or additional requirements of saidSociety as compared with the basis of thisCONTRACT and/or similar measures ofother bodies as referred to in Article 1,paragraph (c) ), and such modifications,deletions or additions are compulsory for

    the VESSEL, the CONTRACTOR willeffect them and will state the (a)adjustment of price, (b) adjustment ofDelivery Date, (c) adjustment ofdeadweight and/or grain/bale capacity, (d)adjustment of speed requirements and (e)any other adjustment of the CONTRACTand/or Specifications all as may beappropriate in the circumstances. Anysuch adjustment of the Delivery Date shallconstitute Permissible Delay.

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    The adjustment of the Delivery Date shallinclude any adjustment needed by reasonof delay caused by the interpretation orconsideration of modifications, deletions oradditions.

    The CONTRACTOR may require that thePURCHASER shall first apply for a formalwaiver of compliance with suchmodifications, deletions or additions fromthe Classification Society or RegulatoryBodies authorized to make suchmodifications by whom the modifications,deletions or additions have beenpromulgated should the PURCHASERconsider that the operation of the VESSELin its intended service would so permit ofsuch waiver. In such agreement the

    CONTRACTOR will fix a time limit afterwhich, if the waiver has not yet beenobtained, the CONTRACTOR will go onwith the required modifications, deletionsor additions. Any additional cost causedby the application for such waiver whetheror not obtained shall be for account of thePURCHASER and the date of delivery ofthe VESSEL shall be extended by the timenecessary as a result of the application forwaiver.

    In the event that modifications, deletions

    or additions referred to in this paragraph

    (c) above are not compulsory for theVESSEL, such modifications, deletions oradditions shall not be effected unless thePURCHASER requests them to be madeunder the provision of paragraph (a)above.(d) Payment for adjustments of priceThe adjustments of price made underparagraphs (a), (b) and (c) above shall bepaid by the PURCHASER in accordancewith paragraph (d) of Article 7 in so far asthey cause an increase in the price. If theadjustments cause a reduction in pricesuch adjustment shall be credited by theCONTRACTOR to the PURCHASERagainst the payments by thePURCHASER.

    (e) InformationWhen required the CONTRACTOR shallfurnish reasonable information relating tothe adjustments of price and other effectsof modifications referred to in this Article.

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    ARTICLE 4: TRIALS ARTICLE 4: TRIALS(a) NoticeThe CONTRACTOR shall before delivery,with not less than ... days written notice tothe PURCHASER notify the time andplace for the trial run for the VESSEL and

    the PURCHASER shall promptlyacknowledge receipt of such notice. ThePURCHASER shall have the right to haveits Representative on board the VESSELto witness the trial run. Failure inattendance of the Representative at thetrial run without any valid reason after duenotice to the PURCHASER shall bedeemed to be a waiver by thePURCHASER of its right to be present. Insuch case the PURCHASER shall beobligated to accept the results of the trial

    run on basis of a certificate of theCONTRACTOR confirmed by theClassification Society stating the results ofthe trial run.

    (b) Weather ConditionsThe trial run shall be carried out underfavourable weather conditions. Any delayin delivery caused by delay of the trial rundue to unfavourable weather conditionsshall be Permissible Delay.

    (c) Carrying Out

    The trial run shall be carried out in thepresence of representatives from theClassification Society and/or Regulatory

    Bodies, and shall be conducted in amanner and to an extent prescribed in theSpecifications and shall prove theVESSEL's proper functioning andfulfilment of the performance requirementsfor the trials set forth in this CONTRACTand the Specifications.

    The methods to be used will be selectedby the CONTRACTOR to suit theVESSEL's trial trip program.

    The CONTRACTOR has the right tosubcontract speed and powermeasurements to an independent modelbasin or research institute.

    The CONTRACTOR shall be entitled to

    conduct preliminary sea trials.

    The CONTRACTOR shall have the right to

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    repeat any trial whatsoever.

    All expenses except those of thePURCHASER's Representative and itsassistant(s) in connection with the trial runshall be for the account of theCONTRACTOR, including without

    limitation all necessary crew.

    (d) Method of Acceptance or RejectionUpon completion of the trial run and whenthe trial results are available, and if theCONTRACTOR considers the resultsthereof demonstrates that the VESSELconforms to the CONTRACT, theCON-TRACTOR shall immediately givethe PURCHASER a written notice of

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    completion stating that the VESSEL isready for delivery. The PURCHASER shallupon receipt of this notice and the testresults notify the CONTRACTOR in writingof its acceptance or rejection of theVESSEL being in conformity with the

    CONTRACT.

    If the results of the trial run demonstratethat the VESSEL or any part or equipmentthereof does not conform to therequirements of the CONTRACT, theCONTRACTOR shall take all necessarysteps to rectify such non-conformity. Ifnecessary, the CONTRACTOR shall for itsown account carry out a further trial run toascertain that the VESSEL conforms tothe terms of the CONTRACT. Upon

    demonstration by the CONTRACTOR thatthe deficiencies have been corrected, anotice thereof stating that the VESSEL isready for delivery shall be given to thePURCHASER, who shall then uponreceipt of such notice together with thenew test results notify the CONTRACTORof its acceptance or rejection.

    If the PURCHASER for any reason rejectsthe VESSEL, the PURCHASER shall in itsnotice of rejection give particulars of thereason in such detail as can reasonably

    be expected. The PURCHASER shall beobliged to take delivery of the VESSEL if itis in conformity with the CONTRACT,unless there are any deficiencies orconditions or recommendations imposedby the Classification Society and/orRegulatory Bodies preventing theVESSEL to carry out its intendedoperation. If the deficiencies or theconditions/recommendations are of minorimportance and do not prevent safeoperation of the VESSEL, the

    CONTRACTOR may require thePURCHASER to take delivery of theVESSEL provided the CONTRACTORundertakes for its own account to remedythe deficiency or fulfill the requirement assoon as possible, however latest by theend of the guarantee period.

    If the CONTRACTOR disputes the

    rejection by the PURCHASER, the caseshall be submitted for final decision byarbritation in accordance with Art. 15

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    hereof.

    (e) Effect of AcceptanceAcceptance of the VESSEL as providedabove, shall be final and binding and shallpreclude the PURCHASER from refusingformal delivery on basis of any alleged

    deficiency in any parts of the VESSELwhich were tested during the trial run,provided all other procedual requirementsfor delivery have been met.

    (f) Surplus Consumable StoresAny fuel oil, lubricating oil, grease, freshwater or other consumable storesfurnished by the CONTRACTOR for thetrial run, remaining on board the VESSELat the time of delivery shall be purchasedby the PURCHASER from the

    CONTRACTOR at the original purchaseprice thereof, and payment effected by thePURCHASER on delivery of the VESSEL.

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    ARTICLE 5: GUARANTEE FOR SPEED, CARGO CARRYING,CAPACITY AND FUEL CONSUMPTIONARTICLE 5: GUARANTEE FOR SPEED, CARGO CARRYING,CAPACITY AND FUEL CONSUMPTIONSubject to the proviso contained in Article7 (e) the rights and obligations of the

    CONTRACTOR and PURCHASER inregard of VESSEL's speed, deadweight,capacity and consumption of fuel of thepropulsion plant are delimited as follows.

    (a) SpeedFor the purpose of determining theVESSEL's actual trial speed, the speed ofthe VESSEL recorded on the official seatrials under Article 4 shall be adjusted as ifthe official sea trials had been carried outin the conditions specified in Article 1,

    paragraph (a), the actual trial speed socomputed shall be compared with the trialspeed under Article 1, paragraph (a) and ifthe actual trial speed shall be the lesser,for causes for which the CONTRACTOR isliable, the CONTRACTOR shall pay to thePURCHASER as liquidated damages thefollowing amounts:

    -for the first two tenths (2/10 ths) of a

    knot of less speed: ................ nothing-for each successive whole one tenth

    (1/10 th) knot thereafter (fractions

    being disregarded) of less speed: .....

    Should the deficiency in VESSEL's speedfor causes for which the CONTRACTOR isliable be more than ... knot(s), then thePURCHASER, as an alternative toreceiving the above mentioned liquidateddamages, shall have the option toterminate this CONTRACT, with theconsequences provided for in Article 11,save and except that the CONTRACTOR

    shall have the right to remedy thedeficiency and repeat the trial.

    Should the actual trial speed of theVESSEL determined or computed asprovided in this Article when comparedwith the trial speed under Article 1,paragraph (a) be greater thePURCHASER shall pay to theCONTRACTOR the following premiums:

    -....for the first two tenths (2/10 ths) of aknot of more speed: ................... nothing

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    -....for each successive whole one tenth(1/10 th) knot thereafter (fractions beingdisregarded) of more speed: ...................

    (b) Deadweight capacityShould the VESSEL's deadweightdetermined as stated in the Specifications,

    in salt water of 1,025 specific gravity onthe design draft of ............... for causes forwhich the CONTRACTOR is liable, be lessthan ... percent of the deadweightspecified in Article 1 then theCONTRACTOR shall pay to thePURCHASER as liquidated damages anamount equal to ... for each metric ton ofdeadweight less than ... percent of thespecified deadweight disregardingfractions of a metric ton.

    Should the VESSEL's deadweight forcauses, for which the CONTRACTOR isliable, be less than ... percent of thespecified deadweight, the PURCHASER,as an alternative to receiving the abovementioned liquidated damages shall have

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    the option to terminate this CONTRACTwith the consequences provided for inArticle 11, save and except that theCONTRACTOR shall have the right toremedy the deficiency and repeat the trial.

    Should the VESSEL's deadweight bemore than ... percent of the specifieddeadweight, the PURCHASER shall payto the CONTRACTOR a premium equal to......... for each metric ton of deadweight inexcess of ... percent of the specifieddeadweight disregarding fractions of ametric ton.

    (c) Grain/bale CapacityThe net capacity of the cargo holds, viz: .......................................................................

    ........................................................................................................................................grain/bale/ 100 percent full shall be ...........cubic metres.

    Should the VESSEL's capacity, for causesfor which the CONTRACTOR is liable, beless than ... percent of the specifiedcapacity, the CONTRACTOR shall pay tothe PURCHASER as liquidated damagesan amount equal to .................. (theCONTRACT price as specified in Article 7,paragraph (a) divided by the specified

    capacity) for each cubic metre of capacityless than ... percent of the specifiedcapacity, disregarding fractions of a cubicmetre.

    Should the VESSEL's capacity, for causesfor which the CONTRACTOR is liable, beless than ... percent of the specifiedcapacity the PURCHASER, as analternative to receiving the above

    mentioned liquidated damages, shall havethe option to terminate this CONTRACTwith the consequences provided for inArticle 11, save and except that theCONTRACTOR shall have the right toremedy the deficiency and repeat the trial.

    Should the VESSEL's capacity be inexcess of ... percent of the specifiedcapacity, the PURCHASER shall pay tothe CONTRACTOR a premium equal to ...for each cubic metre of capacity in excessof ... percent of the specified capacity,disregarding fractions of a cubic metre.

    (d) Fuel ConsumptionFor the main propulsion plant test bed

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    trials shall be carried out at themanufacturers site in accordance with theSpecifications. During the test bed trialsthe specific fuel consumption shall beascertained and corrected to the designparameters.

    The fuel consumption of the mainpropulsion plant during the test bed trialsshall not exceed ... gram per shaft KW perhour using oil having a lower calorificvalue of .................... kcalories per kg. Incase the actual lower calorific value of thefuel used differs from the figuresmentioned in this paragraph, the fuelconsumption will be corrected accordingly.

    Should the corrected fuel consumption pergram per shaft KW per hour for causes for

    which the CONTRACTOR is liable, be inexcess of ... percent of the specified fuelconsumption, the CONTRACTOR shallpay to the PURCHASER, as liquidateddamages, an amount of .................. for

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    each gram per shaft KW metric per hour inexcess of ... percent of the specified fuelconsumption disregarding fractions of onegram.

    Should the corrected fuel consumption, for

    causes for which the CONTRACTOR isliable, be in excess of .... percent of thespecified fuel consumption, thePURCHASER, as an alternative toreceiving the above mentioned liquidateddamages, shall have the option to refusethe main propulsion machinery in whichevent the CONTRACTOR shall be allowedreasonable time to replace the same, saveand except that the CONTRACTOR shallhave the right to remedy the deficiencyand repeat the trial.

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    ARTICLE 6: DELIVERY OF THE VESSEL ARTICLE 6: DELIVERY OF THE VESSEL(a) Time and Place of DeliveryThe VESSEL shall be delivered to thePURCHASER at the Shipyard or otheragreed place on or before .................(the"Delivery Date") .......................................

    The Delivery Date as set out above shallbe subject to extension by the cumulativeamount of all Permissible Delays asprovided for in this CONTRACT.

    The PURCHASER shall take possessionof the VESSEL immediately upon deliveryand acceptance thereof and shall withreasonable despatch remove her from theShipyard. The VESSEL shall be deliveredto the PURCHASER free from all liens andencumbrances.

    (b) Delivery DocumentationUpon delivery and acceptance of theVESSEL, the CONTRACTOR shall deliverto the PURCHASER the followingdocuments, which shall accompany the

    Protocol of Delivery and Acceptance:

    Protocol of Trials of the VESSEL madepursuant to the Specifications.

    Protocol of Inventory of the equipment of

    the VESSEL, including spare parts andthe like, all as specified in theSpecifications.

    Protocol of Stores of consumablenature.

    All Certificates including the BuildersCertificate required to be furnished upondelivery of the VESSEL pursuant to thisCONTRACT and the Specifications. It isagreed that if the Classification Certificateand / or other Certificates are not availableat the time of delivery of the VESSEL,provisional Certificates shall be acceptedby the PURCHASER. The CONTRACTORshall provide the PURCHASER with theformal Certificates as promptly as possibleafter such formal Certificates have beenissued.

    Declaration of Warranty of theCONTRACTOR that the VESSEL isdelivered to the PURCHASER free andclear of any and all liens and other

    encumbrances upon the VESSEL and thePURCHASER's title hereto, and inparticular, that the VESSEL is absolutely

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    free of the burdens, in the nature ofimposts, taxes or charges imposed by thecity, state or country of the part of delivery,as well as of all liabilities arising from theconstruction or operation of the VESSELor trial runs or otherwise prior to delivery

    and acceptance.Drawings and Plans pertaining toVESSEL as stipulated inSpecifications.thetheCommercial Invoice.

    A protocol of delivery and acceptance willbe signed by the CONTRACTOR and thePURCHASER.

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    (c) Liquidated Damages and PremiumsShould the VESSEL, for causes for whichthe CONTRACTOR is liable not bedelivered on the Delivery Date, asextended for Permissible Delays under theterms of this CONTRACT, the

    CONTRACTOR shall subject to theproviso contained in Article 7 (e) pay tothe PURCHASER as liquidated damagesan amount of ........................ for eachworking day of delay, beginning on the ...day of delay, up to maximum of ... days.

    Should the delay in delivery for causes forwhich the CONTRACTOR is liable exceed360 days from the date set forth underparagraph (a) above as extended forpermissible extensions under the terms of

    this CONTRACT, the PURCHASER, as analternative to receiving the abovementioned liquidated damages, shall havethe option to terminate this CONTRACTwith the consequences provided for inArticle 11.

    Should the VESSEL be completed beforethe Delivery Date set forth underparagraph (a) , the PURCHASER shallsubject to the proviso contained in Article7 (e) pay to the CONTRACTOR apremium equal to ............................ for

    each working day of earlier delivery,beginning on the ... day after completion.

    (d) Force MajeureShould the construction or delivery of theVESSEL be delayed or any work requiredof the CONTRACTOR hereunder beprevented or hindered by events such as,but not limited to: Acts of God; war or

    other hostilities or preparations therefore,civil commotions, riots or insurrections;blockades; embargoes, export or importrestrictions; epidemics; strikes, lockouts orother labour disturbances or difficultieswhatsoever; earthquakes; landslides;floods; exceptional weather conditions notincluded in normal planning; prolongedfailure of electric current; damage by fire,lightning or explosion; accidental damageincluding damage to the VESSEL and timetaken to repair such damage; shortage ofmaterials and equipment or inability toobtain delivery thereof; rejection of ordefects in materials and equipment which

    could not have been detected; defects incastings or forgings; or any other delayswhatsoever provided in any such case that

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    the delay could not have been avoided byreasonable efforts on the part of theCONTRACTOR, or should theconstruction or delivery of the VESSEL bedelayed owing to causes of any of theforegoing kinds affecting theCONTRACTORs other commitments,

    then and in any such case the number ofdays of delay so caused shall bePermissible Delay and the VESSELsDelivery Date shall be postponed by thecumulative amount of such PermissibleDelays.

    Within ... days after the CONTRACTORbecoming aware of the extent of an eventof force majeure the CONTRACTOR shallnotify the PURCHASER in writing thereofindicating the extent of the delay so

    caused.

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    (e) Permissible Delay"Permissible Delay" means any delay onaccount of causes specified in paragraph

    (d) of this Article or any other delay byreason of events which permit adjustment

    or postponement of the Delivery Dateunder the terms of the CONTRACT.

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    ARTICLE 7: PRICE ARTICLE 7: PRICE(a) Contract PriceThe CONTRACT price is .........................(in words: ...............................................)

    (b) InstalmentsPayment of the CONTRACT price shall bemade by the PURCHASER to theCONTRACTOR by instalments as follows:

    .................................................................Bank guarantees for the differentinstalments have to be provided by thePURCHASER before the effective date ofthe CONTRACT as provided for in Article16 to the satisfaction of theCONTRACTOR.

    (c) Payment ProceduresExcept for the first instalment theCONTRACTOR shall notify thePURCHASER at least ten (10) days inadvance of the estimated dates of theinstalment payments falling due.

    All payments to the CONTRACTOR are tobe made in ..................................... at abank to be designated by theCONTRACTOR without any deductionwhatsoever on the dates on which the

    payments are due.

    Expenses for remitting payments and anyother expenses connected with suchpayments shall be for the account of thePURCHASER.

    (d) Payment for ModificationsThe sums due for modifications underArticle 3 of this CONTRACT shall be paidas follows:

    (I) 50 % on the date of agreement formodifications under Paragraph (a) and (b)of Article 3 or for modifications underparagraph (c) of Article 3 when theStatement of the adjustment of price ismade by the CONTRACTOR as the casemay be.(II) 50 %on the date of delivery of theVESSEL as part of the delivery instalment.(e) Payment for liquidated Damagesand PremiumsAny amounts for liquidated damages orany premiums under Article 5 and 6 shall

    be calculated and determined on deliveryof the VESSEL and the balance (of oneover the other) shall be paid to the party

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    entitled thereto on the VESSEL's delivery,provided that, if the balance exceeds 10percent of the CONTRACT price inparagraph (a) of this Article then thepayment shall be equal to 10 percent ofthis said price.

    The liquidated damages provided for inthis agreement shall be in full and finalsettlement and the PURCHASER hall notbe entitled to demand additionalindemnification.

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    (f) Prompt PaymentThe PURCHASER shall not delay anypayment in case of any disagreement asto the amount of the above liquidateddamages or premiums or in the event ofother exceptions or claims the

    PURCHASER may have asserted or mayintend to assert against theCONTRACTOR, whether in connectionwith this CONTRACT or otherwise withoutprejudice to the PURCHASER's right toapply subsequently to Arbitration. Theright of retention or set-off withcounterclaims of the PURCHASER isexcluded.

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    ARTICLE 8: PROPERTY ARTICLE 8: PROPERTY(a) General Plans, Specifications andWorking Drawings

    The CONTRACTOR retains all rights tothe Specifications, plans and working

    drawings, technical descriptions,calculations, test results and other datainformation and documents concerning thedesign and construction of the VESSELand the PURCHASER undertakestherefore not to bring them to theknowledge of third parties, without theprior written consent of theCONTRACTOR except if and to the extentnecessary in the normal operation orrepair of the VESSEL.

    (b) Property In the VESSELDuring construction the VESSEL shall bethe CONTRACTOR's property and theCONTRACTOR undertakes not to disposeof the VESSEL and not to allow anymortgage or lien being registered on theVESSEL except with the PURCHASER'sprior written consent.

    On delivery of the VESSEL to thePURCHASER every responsibility for thesafety and generally for the condition ofthe VESSEL is transferred to the

    PURCHASER, and thereafter allresponsibilities on the part of theCONTRACTOR shall cease with theexception of the guarantee obligationsprovided for in Article 12 hereof.

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    ARTICLE 9: INSURANCE ARTICLE 9: INSURANCEThe VESSEL and/or such parts as shallbe constructed and all materials, engines,machinery, outfit and equipment pertainingto this CONTRACT and within thepremises of the Shipyard shall

    immediately be marked with VESSEL'syardnumber and shall until delivery of theVESSEL be insured by theCONTRACTOR at CONTRACTOR'sexpense -policy being in the name of theCONTRACTOR -against all riskscustomarily insured against in .......shipbuilding industry including trials withthe exception of war risks and inaccordance with and subject to the termsof the usual construction policy for a totalof not less than the amount for the time

    being paid by the PURCHASER to theCONTRACTOR for the VESSEL. Ifconsidered necessary by theCONTRACTOR or if required by thePURCHASER war risks insurance for notless than the CONTRACT price to beeffected by the CONTRACTOR atPURCHASER's account up to the date ofdelivery to the extent that such insuranceis obtainable on the ...... insurance market.

    In the event of the VESSEL and/or suchparts materials etc. as aforesaid

    sustaining damage, including wardamage, before delivery of the VESSELthen any monies received in respect ofany insurance effected under this Articleshall be applied by the CONTRACTOR inmaking good such damages with all duedespatch during ordinary working hours ina reasonable and workmanlike mannerand the PURCHASER shall not on

    account of any such damage or any repairthereof be entitled to object to theVESSEL or to make any claim for allegedconsequential loss or depreciation.Underwriters are entitled to settle claimsconcerning repairable damage to theVESSEL directly with the CONTRACTOR,and make all payments on these claimsdirectly to the CONTRACTOR. TheCONTRACTOR shall be allowedadditional time equivalent to any delay indelivery caused by any such damage orany repair thereof.

    Should the VESSEL from any cause

    become or be deemed to be at any time aconstructive, arranged or compromisedtotal loss under the insurance policy, this

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    CONTRACT shall if not otherwise agreedbetween the parties thereupon absolutelycease and terminate without any liabilitywhatsoever on the part of theCONTRACTOR. In the event of such totalloss any insurance monies shall be paid tothe PURCHASER for reimbursement of

    the amount paid by the PURCHASER tothe CONTRACTOR hereunder; anybalance shall belong to theCONTRACTOR. Under no circumstancesshall the CONTRACTOR be liable toreplace the VESSEL.

    The CONTRACTOR's liability to thePURCHASER in respect of damage includingwar damage -or in respect of theconstructive, arranged or compromisedtotal loss of the VESSEL, shall not in any

    event extend further or otherwise than inthis Article provided.

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    ARTICLE 10: DEFAULT BY THE PURCHASER ARTICLE 10: DEFAULT BY THE PURCHASERShould the PURCHASER be in default inpayment of any CONTRACT instalmentand/or other amounts due under thisCONTRACT, then the PURCHASER shallpay to the CONTRACTOR -as from the

    due date -interest thereon at the rate of........................ percent per annum over ....

    The CONTRACTOR shall be entitled toone days postponement of the DeliveryDate of the VESSEL for each day of delayin excess of two days in the payment ofthe aforesaid sums and if the delayexceeds 15 days as from the due date theCONTRACTOR shall have the option tosuspend the CON-TRACTOR's obligations

    under this CONTRACT until payment ofsuch sums and interest thereon has beenreceived by the CONTRACTOR.

    If the aforesaid delay exceeds 30 calendardays from the due date, theCONTRACTOR, even if it has elected tosuspend the work as aforesaid, may havethe right to terminate the CONTRACT bygiving notice in writing, which may be bytelefax if confirmed by letter, to thePURCHASER about such termination. Inthis event the CONTRACTOR shall be

    entitled to recover damages from thePURCHASER in respect of any loss thatthe CONTRACTOR has suffered byreason of the PURCHASERs default.

    In the event of termination of theCONTRACT as above provided, theCONTRACTOR is herewith irrevocablyauthorized by the PURCHASER to sell theVESSEL before or after having completedher without prejudice to any otherCONTRACTOR's rights.

    Should the PURCHASER fail to takedelivery of the completed VESSEL inaccordance with the terms of thisCONTRACT the amounts due on orrelated to delivery by the PURCHASER tothe CONTRACTOR shall be regarded ashaving fallen due upon receipt of writtennotice.

    The CONTRACTOR shall inform thePURCHASER about the dates on whichthe PURCHASER has to deliver its

    supplies (as specified in theSpecifications) at the Shipyard. Should theCONTRACTOR fail to deliver its supplies

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    within the designated delivery time, theincurred delay shall be Permissible Delay.

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    ARTICLE 11: DEFAULT BY THE CONTRACTOR ARTICLE 11: DEFAULT BY THE CONTRACTORIf in accordance with any of the provisionsof Article 5 or 6 the PURCHASER shall, asan alternative to receiving the liquidateddamages therein referred to, exercise theoption of the PURCHASER to terminate

    this CONTRACT, then, provided that theright of the PURCHASER to exercise thisoption is not disputed by theCONTRACTOR and subject to arbitrationunder Article 15 hereof, theCONTRACTOR shall be liable to repay tothe PURCHASER the amount of allmonies paid by the PURCHASER for oron account of the CONTRACT price of theVESSEL together with interest at the rateof ....................... percent per annum over.

    ............................ as from the date whensuch monies were paid by thePURCHASER to the CONTRACTOR up tothe date of the repayment thereof. Uponthe termination of the CONTRACT by thePURCHASER as aforesaid theCONTRACTOR shall irrevocably beauthorized by the PURCHASER to sell theVESSEL before or after completion and tokeep the proceeds.

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    ARTICLE 12: GUARANTEE ARTICLE 12: GUARANTEE(a) Extent of GuaranteeOn delivery of the VESSEL theCONTRACTOR shall be free of allresponsibility or liability whatsoever exceptfor the guarantee contained in this Article.

    The CONTRACTOR shall remedy at (oneof) its yard(s) and in the normal workinghours, by repairing or if necessaryreplacing at its own cost any defectsnotified in writing by the PURCHASER onthe VESSEL's delivery due to badworkmanship and/or use of defectivematerials or defects not discoverable ondelivery which become apparent duringthe period of ............. days from the dateof delivery of the VESSEL provided the

    defect is notified in writing within 30 daysfrom its discovery.

    The guarantee shall apply only to the workof the CONTRACTOR and of itssubcontractors and/or suppliers. TheCONTRACTOR's liability shall be limitedto the above mentioned obligations as toex-tent and duration and theCONTRACTOR and/or its subcontractorsand suppliers shall have no further liabilitywhatsoever for any direct or indirect loss,damages or expense in any way deriving

    from or connected with the above defectsand for defects due to normal wear andtear or overloading or due to corrosion ofthe materials or due to accidents, fire,improper loading or stowage of theVESSEL, mismanagement or negligencein the use and maintenance of theVESSEL.

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    Replacements and repairs pursuant to theCONTRACTOR's guarantee obligationsshall be subject to guarantee inaccordance with this article, provided thatthe guarantee period in regard to such

    replacements and repairs shall start at thedate of completion thereof and providedthat the total guarantee period shall neverexceed a period of two years after deliveryof the VESSEL.

    If the replacements or repairs under thisArticle cannot be conveniently made at(one of) the CONTRACTORs yard(s), thePURCHASER may have carried outelsewhere such repairs and/orreplacements; in such a case the

    CONTRACTOR is discharged from thisguarantee and shall reimburse thePURCHASER the documented expensesincurred by the PURCHASER, but such areimbursement shall not exceed theestimated costs of carrying out theguarantee work at the CONTRACTORsyard(s).

    In any event the VESSEL shall be taken atPURCHASER's cost and responsibility tothe place elected by the PURCHASERready in all respects for the guarantee

    work to be commenced.

    In the event that the guarantee periodprovided by manufacturers or suppliers ofvarious components of machinery,materials, equipment, appurtenances andoutfit furnished to the CONTRACTOR andembodied in the VESSEL exceeds theaforesaid guarantee period, suchextended guarantee rights are to beassigned and made available to the

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    PURCHASER by the CONTRACTOR tothe extent possible.

    The CONTRACTOR, at its own cost, is tohave the right to investigate the validity ofthe PURCHASER's claim either by the

    attendance aboard the VESSEL (withoutinterruption to the operation of theVESSEL) of an accredited representativeor, in the event it is practicable to do soafter suitable replacement is made, by theremoval from the VESSEL and thetransportation to the CONTRACTORsyard(s) of the defective part.

    This guarantee shall not apply to itemssupplied by the PURCHASER.

    (b) Guarantee EngineerDuring any time of the guarantee periodthe CONTRACTOR shall have the optionto place on board one or two GuaranteeEngineers who shall act asCONTRACTOR's observers and to whomevery assistance shall be granted for thefulfilment of their tasks. Should this optionbe exercised then such GuaranteeEngineers shall not be discharged withoutthe CONTRACTOR's approval.

    The PURCHASER shall ensure the said

    Engineers a status on board not inferior tothat due to the Chief Engineer and pay theCONTRACTOR a remuneration to beagreed upon.

    The presence on board of the GuaranteeEngineers shall in no way affectCONTRACTOR's and PURCHASER'sresponsibility as provided for in thisCONTRACT and the CONTRACTOR shallnot be liable for any faults or omissions onthe part of the Guarantee Engineer.

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    ARTICLE 13: CONTRACT EXPENSES ARTICLE 13: CONTRACT EXPENSESAll taxes, duties, stamps and fees levied Any taxes, duties, stamps and feesby the Authorities in ................. and outside are to be borne by theconnected to this CONTRACT are to be PURCHASER.borne by the CONTRACTOR.

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    ARTICLE 14: PATENTS ARTICLE 14: PATENTSThe CONTRACTOR shall indemnify thePURCHASER against any infringement ofpatent rights by or in connection with theconstruction at the Shipyard, of theVESSEL, but no such liability shall lie with

    the CONTRACTOR with regard tocomponents and/or equipment and/ordesign supplied by the PURCHASER.

    Nothing contained herein shall beconstrued as transferring any patent ortrademark rights or copyright in equipmentcovered by the CONTRACT, and all suchrights including the design of the VESSELare hereby expressly reserved to the trueand lawful owners thereof.

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    ARTICLE 15: INTERPRETATION, REFERENCE TO EXPERT ANDARBITRATIONARTICLE 15: INTERPRETATION, REFERENCE TO EXPERT ANDARBITRATION(a) InterpretationThis CONTRACT supersedes all prior

    negotiations, representations,undertakings and agreements of anysubject matter to this CONTRACT.

    This CONTRACT and all otheragreements relating thereto shall beconstrued and interpreted under the lawsof ................................................................

    (b) Reference to experts assessmentSave as provided in Article 1 (e) shouldany dispute arise between the parties in

    regard to the construction of the VESSEL,engines materials or workmanship it shallforthwith be referred to an expertnominated by agreement between theparties hereto or failing such agreementby the ......................................................and his decision shall be final and bindingupon both parties hereto.

    (c) ArbitrationIn the event of any dispute or differencebetween the Parties hereto as to anymatter or thing arising out of or relating to

    this CONTRACT or its termination or anystipulation herein not already covered inparagraph b) above which cannot besettled by the parties themselves, theparties shall submit the matter in disputeto arbitration by three arbitrators, one ofthe arbitrators to be chosen by each party

    hereto and the third arbitrator by the twothus chosen.

    The arbitration shall be conducted at....................................................................under the laws of .......................................The party desiring such arbitration shallserve upon the other party written noticeof its desire, specifying the question(s) tobe arbitrated and naming the arbitratorchosen by it.

    The party so notified shall in turn notify inthe same way the name of its arbitratorand its own question(s), if any.

    In the event that one of the parties fails tochoose its arbitrator after having been duly

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    notified in writing by the other party to doso, within twenty (20) days after suchnotice, or in the event that two arbitratorschosen by both parties within a period of20 days after appointment of the secondarbitrator fail to select the third arbitratorthen respectively each party or the other

    party shall have the right to request thePresident of the .............................................................................................................to nominate the arbitrators for the openplace(s).

    The decision of the arbitrators shall befinal, conclusive and binding upon bothparties thereto.

    The Arbitrators so appointed shalldetermine which party, or the proper

    proportion which each party shall assumeof the expenses of such arbitration and thearbitration expenses so allocated shall be

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    paid directly by the party or parties bywhich such expenses are directed to bepaid.

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    ARTICLE 16: CONDITIONS FOR THE CONTRACT TO BECOMEEFFECTIVEARTICLE 16: CONDITIONS FOR THE CONTRACT TO BECOMEEFFECTIVEThis CONTRACT shall become effectivethe day after all the following conditions

    have been fulfilled:

    The PURCHASER and theCONTRACTOR shall notify each other inwriting, which may be by telefax ifconfirmed by letter, of the fulfilment of theabove conditions.

    Should any of the above conditions not befulfilled within .................... days from thedate of signature of this CONTRACT, thisCONTRACT shall not become effective

    and shall be regarded as never enteredinto; in such case no obligationswhatsoever shall remain between theparties.

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    ARTICLE 17: LEGAL DOMICILE ARTICLE 17: LEGAL DOMICILEFor all the purposes of this CONTRACT and the CONTRACTOR at its registeredthe PURCHASER elects its legal domicile office in ......................................................at its registered office in .......................... ....................................................................

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    ARTICLE 18: ASSIGNMENT ARTICLE 18: ASSIGNMENTNeither party shall be entitled to transferits rights unless prior written approval hasbeen obtained from the other party, whichshall not be unreasonably withheld. Bothparties shall have the right to study all

    documents relevant to such transfer andto renegotiate such terms and conditionsas it requires.

    All costs of any kind whatsoever, includinglegal and other costs in relation to suchassignment shall be borne and paid for bythe new party to the CONTRACT. Theoriginal party shall guarantee performanceand shall jointly and severally with the newparty be liable under the terms of theCONTRACT.

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    ARTICLE 19: LIMITATION OF LIABILITY ARTICLE 19: LIMITATION OF LIABILITYThe liability of the CONTRACTOR shall belimited to the remedies provided for thePURCHASER in this CONTRACT andthere shall be no further liabilitywhatsoever for any direct or indirect

    losses, damages or expenses derivingfrom the obligations of the CONTRACTORunder this CONTRACT.

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    ARTICLE 20: ADDRESSES FOR CORRESPONDENCE ARTICLE 20: ADDRESSES FOR CORRESPONDENCE(a) For practical purposes without it being a legal requirement the CONTRACTOR shall sendall letters and documents for the PURCHASER in connection with and required under this

    CONTRACT to the following addresses:(I) for all technical matters:address: ..............................................................................................................................att.......................................................................................................................................telephone: ...........................................................................................................................telefax: ...............................................................................................................................eMail: .................................................................................................................................

    (II) for all legal and financial matters:address: ..............................................................................................................................att.......................................................................................................................................telephone: ...........................................................................................................................telefax: ...............................................................................................................................eMail: .................................................................................................................................

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    (b) For practical purposes without it being a legal requirement the PURCHASER shall sendall letters and documents for the CONTRACTOR in connection with and required under thisCONTRACT to the following address:(I) for all technical matters:

    address: ..............................................................................................................................att.......................................................................................................................................telephone: ...........................................................................................................................telefax: ...............................................................................................................................eMail: .................................................................................................................................(II) for all legal and financial matters:address: .......................................................................

    .......................................................att.............................................................................

    ..........................................................telephone: ...........................................................................................................................telefax: ...............................................................................................................................eMail: .................................................................................................................................In witness whereof the parties have executed this CONTRACT by their duly authorisedrepresentatives as follows.

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