第十章 质量担保.docVIP

第十章 质量担保 1. SAJ与NEWBUILDCON的有关条文 这在SAJ是Article IX如下： “1 Guarantee: Subject to the provisions hereinafter set forth, the BUILDER undertakes to remedy, free of charge to the BUYER, and defects in the VESSEL which are due to the defective material and/or bad workmanship on the part of the BUILDER and/or its subcontractors, provided that the defects are discovered within a period of twelve months after the date of delivery of the VESSEL and a notice thereof is duly given to the BUILDER as hereinafter provided. For the purpose of this Article, the VESSEL shall include her hull, machinery, equipment and gear, but excludes any parts for the VESSEL which have been supplied by or on behalf of the BUYER. 2 Notice of Defects: The BUYER shall notify the BUILDER in writing, or by cable confirmed in writing, of any defects for which claim is made under this guarantee as promptly as possible after discovery thereof. The BUYER’s written notice shall describe the nature and extent of the defects. The BUILDER shall have no obligation for any defects discovered prior to the expiry date of the said twelve (12) months period, unless notice of such defects is received by the BUILDER no later than thirty (30) days after such expiry date. 3 Remedy of Defects: (a) The BUILDER shall remedy at its expense, any defects against which the VESSEL is guaranteed under this Article, by making all necessary repairs or replacements at the Shipyard. (b) However, if it is impractical to bring the Vessel to the Shipyard, the BUYER may cause the necessary repairs or replacements to be made elsewhere which is deemed suitable for the purpose, provided that, in such event, the BUILDER may forward or supply replacement parts or materials to the VESSEL, unless forwarding or supplying thereof to the VESSEL would impair or delay the operation or working schedule of the VESSEL. In the event that the BUILDER proposes to cause the necessary repairs or replacements to be made to the VESSEL at any other sh