第十二章 船东违约的救济.docVIP

第十二章 船东违约的救济 1. SAJ与NEWBUILDCON的有关条文 这方面在SAJ是Article XI如下： “1 Definition of Default: The BUYER shall be deemed to be in default of performance of its obligations under this Contract in the following cases: (a) if the BUYER fails to pay any of the First, Second and Third Instalments to the BUILDER within three (3) days after such Instalment becomes due and payable under the provisions of Article II hereof, or (b) if the BUYER fails to pay the Fourth Instalment to the BUILDER concurrently with the delivery of the VESSEL by the BUILDER to the BUYER as provided in Article II hereof, or (c) if the BUYER fails to take delivery of the VESSEL, when the VESSEL is duly tendered for delivery by the BUILDER under the provisions of Article VII hereof. 2 Interest and Charge: If the BUYER is in default to payment as to any Instalment as provided in Paragraph (a) and (b) of this Article, the BUYER shall pay interest on such Instalment at the rate of … per cent (…%) per annum from the due date thereof to the date of payment to the BUILDER of the full amount including interest, in case the BUYER shall fail to take delivery of the VESSEL as provided in Paragraph 1 (c) of this Article, the BUYER shall be deemed in default of payment of the Fourth Instalment and shall pay interest thereon at the same rate as aforesaid from and including the day on which the VESSEL is tendered for delivery by the BUILDER. 3 Effect of Default: (a) If any default by the BUYER occurs as provided herein before, the Delivery Date shall be automatically postponed for a period of continuance of such default by the BUYER. (b) If any default by the BUYER continues for a period of fifteen (15) days, the BUILDER may, at its option, rescind this Contract by giving notice of such effect to the BUYER by cable confirmed in writing. Upon receipt by the BUYER of such notice of rescission, this Contract shall forthwith become null and void and any of the BUYER’s Supplies shall become the sole property of th