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 法律及新造船合同 | 新造船合同及点评 |  提纲挈领读懂造船合同--造船合同第06章,试航
 
提纲挈领读懂造船合同--造船合同第06章,试航
2019-08-29

主要内容

(1)试航通知7天,如果买方监造代表未到,则卖方可以在船级社见证下进行试航;
(2)试航时天气原因是为可允许延迟;
(3)卖方承担试航所有费用;
(4)买方提供润滑油和液压油,费用由卖方承担;
(5)可以重复试航;
(6)小缺陷不影响交船。

重点提示

(1)买方监造代表未能按时参加试航,交船期自动顺延 -- ARTICLE VI TRIALS - 1. NOTICE

The BUYER and the Supervisor shall receive from the SELLER at least fifteen (15) days notice in advance and seven (7) days definite notice in advance in writing or by telefax, email or telex confirmed in writing, of the time and place of the VESSEL"s sea trial as described in the Specifications (hereinafter referred to as "the Trial") and the BUYER and the Supervisor shall promptly acknowledge receipt of such notice. The BUYER"s representatives and/or the Supervisor shall be on board the VESSEL to witness such Trial, and to check upon the performance of the VESSEL during the same. Failure of the BUYER"s representatives to be present at the Trial of the VESSEL, after due notice to the BUYER and the Supervisor as provided above, shall have the effect to extend the date for delivery of the VESSEL by the period of delay caused by such failure to be present. However, if the Trial is delayed more than seven (7) days by reason of the failure of the BUYER"s representatives to be present after receipt of due notice as provided above, then in such event, the BUYER shall be deemed to have waived its right to have its representatives on board the VESSEL during the Trial, and the SELLER may conduct such Trial without the BUYER"s representatives being present, and in such case the BUYER shall be obliged to accept the VESSEL on the basis of a certificate jointly signed by the SELLER and the Classification Society certifying that the VESSEL, after the Trial subject to minor alterations and corrections as provided in this Article, if any, is found to conform to the Contract and Specifications.

翻译一下:如果试航通知已按上述方式确认,而买方代表未能如期参加试航,则交船期将根据试航的延迟而顺延。这句话重要吗?面临罚款甚至弃船风险时,这句话真的很值钱。前提是试航通知要及时通知到买方建造代表,试航通知留下相应的材料。

(2)卖方可以在船级社见证下进行试航 -- ARTICLE VI TRIALS - 1. NOTICE

The BUYER and the Supervisor shall receive from the SELLER at least fifteen (15) days notice in advance and seven (7) days definite notice in advance in writing or by telefax, email or telex confirmed in writing, of the time and place of the VESSEL"s sea trial as described in the Specifications (hereinafter referred to as "the Trial") and the BUYER and the Supervisor shall promptly acknowledge receipt of such notice. The BUYER"s representatives and/or the Supervisor shall be on board the VESSEL to witness such Trial, and to check upon the performance of the VESSEL during the same. Failure of the BUYER"s representatives to be present at the Trial of the VESSEL, after due notice to the BUYER and the Supervisor as provided above, shall have the effect to extend the date for delivery of the VESSEL by the period of delay caused by such failure to be present. However, if the Trial is delayed more than seven (7) days by reason of the failure of the BUYER"s representatives to be present after receipt of due notice as provided above, then in such event, the BUYER shall be deemed to have waived its right to have its representatives on board the VESSEL during the Trial, and the SELLER may conduct such Trial without the BUYER"s representatives being present, and in such case the BUYER shall be obliged to accept the VESSEL on the basis of a certificate jointly signed by the SELLER and the Classification Society certifying that the VESSEL, after the Trial subject to minor alterations and corrections as provided in this Article, if any, is found to conform to the Contract and Specifications.

标红的那段话是什么意思?

但是,如果买方代表延迟超过七(7)日未能参加试航,这将被视为买方放弃了参加试航的权利,建造方可在没有买方代表出席的情况下进行试航,在此情形下,如果建造方和船级社联合签署了证明本船性能,在试航后经过进行本章描述的细微差异调整后,符合本合同和技术规格书的证书,买方就必须接受本船。

通常情况下,买方代表不可能放弃见证试航的权利,卖方也不会舍弃买方代表,与船级社一同去试航。出现这种情况,真的有可能面临弃船的风险。尤其是面对第一次试航结果不理想的结果,买方、卖方对船舶建造发生重大分歧时,卖方执意在船舶调整后进行第二次试航,该条款起到重要保护作用。

(3)试航时天气原因是为可允许延迟 -- ARTICLE VI TRIALS - 1. NOTICE

In the event of unfavourable weather on the date specified for the Trial, the same shall take place on the first available day thereafter that the weather conditions permit. The parties hereto recognize that the weather conditions in Chinese waters in which the Trial is to take place are such that great changes in weather may arise momentarily and without warning and, therefore, it is agreed that if during the Trial of the VESSEL, the weather should suddenly become unfavourable, as would have precluded the continuance of the Trial, the Trial of the VESSEL shall be discontinued and postponed until the first favourable day next following, unless the BUYER shall assent by telefax or email and confirm in writing of its acceptance of the VESSEL on the basis of the Trial made prior to such sudden change in weather conditions. In the event that the Trial is postponed because of unfavourable weather conditions, such delay shall be regarded as a permissible delay, as specified in Article VIII hereof.

这个不用解释吧,考虑到延期交船可能会被罚款,争取的每一天都是钱,很多钱。

(4)试航结束后,买方是否接受本船 -- ARTICLE VI TRIALS - 4. METHOD OF ACCEPTANCE OR REJECTION

(a) Upon notification of the SELLER of the completion of the Trial of the VESSEL, the BUYER or the BUYER"s Supervisor shall within six (6) days thereafter, notify the SELLER by telefax or email confirmed in writing of its acceptance of the VESSEL or of its rejection of the VESSEL together with the reasons therefor

在收到建造方本船试航完成通知后,买方或监造代表必须在六(6)个工作日内以传真或电传、并在其后以书面确认接受或拒收本船(并阐述理由)。

6天就让买方决定是否接受本船?好像苛刻了点吧,6天试航报告可能都没做好。但考虑到接受船舶的条件是(1)没到弃船期;(2)航速、载重吨、油耗等主要指标均满足技术规格书,其中载重吨在倾斜实验中已经验证,油耗是在主机厂台架试验已经验证,只有航速是在试航中完成。6天的时间已经可以验证本船是否具备交船条件,6天其实并不苛刻。如果买方实在觉得6天不够,多放宽点时间吧。

(5)卖方有消除缺陷,并重复试航的权利 -- ARTICLE VI TRIALS - 4. METHOD OF ACCEPTANCE OR REJECTION

(b) However, should the result of the Trial indicate that the VESSEL or any part thereof including its equipment does not conform to the requirements of this Contract and Specifications, then the SELLER shall investigate with the Supervisor the cause of failure and the proper steps shall be taken to remedy the same and shall make whatever corrections and alterations and/or re Trial or Trials as may be necessary without extra cost to the BUYER, and upon notification by the SELLER of completion of such alterations or corrections and/or re trial or re trials, the BUYER shall, within six (6) days thereafter, notify the SELLER by telefax or email confirmed in writing of its acceptance of its VESSEL or of the rejection of the VESSEL together with the reason therefor on the basis of the alterations and corrections and/or re trial or re trials by the SELLER.

然而,如果试航的结果表明本船或其任何部分(包括其设备)不符合本合同或技术规格书的要求,建造方必须与监造代表联合调查问题的原因,并在不给买方造成额外开支的情况下,采取适当的措施进行消缺,或必要时重复进行试航;在收到建造方本船消缺完成或重复试航完成的通知后,买方或监造代表必须在六(6)个工作日内以传真或电传、并在其后以书面确认接受或拒收本船,并在本船已消缺的基础上阐述理由。

(6)小缺陷不影响交船 -- ARTICLE VI TRIALS - 6. EFFECT OF ACCEPTANCE

If, at the time of delivery of the VESSEL, there are deficiencies in the VESSEL, such deficiencies should be resolved in such way that if the deficiencies are of minor importance, and do not in any way affect the safety or the operation of the VESSEL, its crew, passengers or cargo the SELLER shall be nevertheless entitled to tender the VESSEL for delivery and the BUYER shall be nevertheless obliged to take delivery of the VESSEL, provided that:

如果在本船交付时仍发现有缺陷,则解决方式为:如果缺陷是细微的,不影响到本船、船员、乘客和货物的安全和运行,则卖方仍然可以交付本船,买方则有义务接受本船交付,但前提条件是:

(i) the SELLER shall for its own account remedy the deficiency and fulfil the requirements as soon as possible, or
卖方必须尽快安排消缺并满足相关的要求;

(ii) if elimination of such deficiencies will affect timely delivery of the VESSEL, then the SELLER shall indemnify the BUYER for any direct cost reimbursement in association with remedying these minor non-conformities elsewhere from China as a consequence thereof, excluding, however, loss of time and/or loss of profit., provided always that, the amount of the indemnification shall be up to but under no circumstance exceeding US$ [ ].

如果这些消缺工作将影响到本船的及时交付,则卖方必须补偿买方由于此消缺工作在中国之外的所有直接损失,但不包括时间和利润的损失。

试航回来几百条意见等着消除是很正常的,“小缺陷不影响交船”是船厂生产部门喜欢引用的合同条款。但给交船工作带来巨大的麻烦,将心比心,还是应该本着交一艘好船给买方,尽量消除买方意见为好。

 
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