第四章 议定赔偿.docVIP

第四章 议定赔偿（liquidated damage） 1. SAJ有关条文 这方面在SAJ是Article III如下： “The Contract Price shall be subject to adjustment, as hereinafter set forth, in the event of the following contingencies (it being understood by both parties that any reduction of the Contract Price is by way of liquidated damages and not by way of penalty): 1 Delivery: (a) No adjustment shall be made and the Contract Price shall remain unchanged for the first thirty (30) days of delay in delivery of the VESSEL beyond the Delivery Date as defined in Article VII hereof (ending as of twelve o’clock midnight of the thirtieth (30th) day of delay). (b) If the delivery of the VESSEL is delayed more than thirty (30) days after the Delivery Date, then, in such event, beginning at twelve o’clock midnight of the thirtieth (30th) day after the Delivery Date, the Contract Price shall be reduced by deducting therefrom as follows: 31st—60th day ￥ … per diem 61st—90th day ￥ …” 91st—120 day ￥ …” 121st—150th day ￥ …” 151st—180th day ￥ …” 181st—210th day ￥ …” However, the total reduction in the Contract Price shall not be more than as would be the case for a delay of hundred and eighty (180) days, counting from midnight of the thirtieth (30th) day after the Delivery Date at the above specified rate of reduction. … 2 Speed: (a) The Contract Price shall not be affected or changed by reason of the actual speed, as determined by the trial run, being less than three—tenths (3/10) of one (1) knot in actual speed below the guaranteed speed of the VESSEL. (b) However, commencing with and including such deficiency of three-tenth (3/10) of one knot in actual speed below the guaranteed speed of the VESSEL, the Contract Price shall be reduced as follows (but disregarding fractions of one—tenth (1/10) of a knot). For Three—tenths (3/10) of a knot … a total sum of ￥ … For Four—tenths (4/10) of a knot … a total sum of ￥ … For Five—ten