航海英语 28.docx

1、航海英语 28Charter 13-2 Deck and Hull Maintenance1. Main clauses of ship repair contract 1.1 works authorization1. By requesting the Repairer to carry out the Works ,the customer authorizes the repairer to do all and things that are in the option of the repairer necessary or desirable to carry out and c

2、omplete the works including ,without limitation :(a) to operate the vessel or any machinery , part or device on or about the vessel ;and (b) to remove from the vessel any machinery, part or device.2. The Customer warrants to the Repairer that it has the authority to request the Repairer to carry out

3、 the works.3. Where the Customer is acting as an agent in requesting the Works, then the customer agrees to be jointly and severally liable with its principal for all amounts payable to the repairer arising out of the works and payable to these terms and conditions.4. Quotes for any works by the rep

4、airer are valid for the period stated in that quote unless otherwise advised by the repairer in writing.5. Prices or rates quoted are in Australian dollars and exclusive of all taxes ,duties or charges imposed by any government ,statutory authority or agency.6. The customer cannot withdraw a request

5、 for the works to be done or call for the works to cease before completion unless the repairer otherwise agrees in writing.1.2 Dockyard works Unless the repairer otherwise agrees in writing, where works are to be carried out to a vessel or any machinery, part or device on or about the vessel at a do

6、ckyard, slipway, wharf, jerry or any other place, the customer authorizes the repairer to move the vessel by whatever means and in whatever circumstances that the repairer considers appropriate.1.3 Payment The customer agrees to pay the full involved price, plus all other amounts payable to the repa

7、irer under these terms and conditions, relating to or arising out of the works for the customer, after which (but no before) the vessel or other goods upon which the works have been carried out will be available for collection by the customer. Unless otherwise agreed in writing by the repairer, if t

8、he customer fails to pay the full invoiced price of the works within the period stated on the repairers invoice, the customer shall be liable to pay interest on that amount at a rate equal to the benchmark rate quoted by national Australia bank limited from time to time plus 2% calculated on a daily

9、 basis from its due date for payment until the amount outstanding (plus interest) has been paid in full. Before marking payment, the customer must inspect the works and satisfy itself that the works have been carried out in a proper and satisfaction manner .By marking payment, the customer is taken

10、to have accepted that the works have been carried out in a proper and satisfactory manner. The vessel or other goods upon which the works have been carried out must be collected from the repairers worksite within as determined days after the invoice date or in accordance with other written notificat

11、ion by the repairer to the customer. If the vessel or goods are not collected in accordance with clause 1.4, then at the repairers option: 1) the repairer may charge the customer for storage costs at a rate of as determined % of the invoiced price of the works for each day that the vessel or goods r

12、emains uncollected ;or 2) upon notice in writing to the customer, the repairer may cancel the contract and charge a cancellation fee not to exceed as determined % of the invoiced priced of the works . Any works completion date quoted by the repairer is an estimate only and the repairer shall not be

13、liable for any failure to complete the works by that date. 1.4 Lien In addition to any workmans or repairers lien which the repairer may have over the vessel or other goods on which the works have been carried out, the repairer shall have a general lien over that vessel or other goods and all other

14、property of the customer that comes into the possession of the repairer for any reason until all amounts owing by the customer or owner of those assets to the repairer on any account whatsoever have been paid to the repairer. 1.5 Limitation of Liability Where the customer is a “consumer” as defined

15、by any relevant law such as the trade practice act 1974 (as amended) or similar state laws, then certain terms and rights (the prescribed terms) will be implied into these terms and conditions for the benefit of the consumer, which terms and rights and any liability of the Repairer flowing from them

16、 cannot be excluded, rescinded or modified by any provision of these Terms and conditions. Excepted for the Prescribed Terms, any terms, conditions or warranties not expressly stated in these terms and conditions do not form part of any contract between the repairer and the consumer regarding the wo

17、rks. Subject to the Prescribed Terms, the liability of the repairer for any breach of any Prescribed Terms shall be limited to, at the option of the Repairer: (a) the replacement of the goods or the supply of equivalent goods; (b) the repair of the goods; (c) the payment of the cost of the replacing

18、 the goods or of acquiring equivalent goods; (d) the payment of the cost of repairing the goods; (e) the supply of the service again; (f) the payment of the cost of having the services supplied again, unless the Customer establishes that it is not fair and reasonable for the Repairer to rely on this

19、 term. Except as provided in these terms and conditions, the Repairer shall not in any circumstances be liable in contract, torn, negligence or otherwise for any loss or damage (including consequential, indirect, special, or economic loss or damage) which arises out of or in connection with the Work

20、s including, without limitation, any negligent act or omission on the part of the Repairer of any employee, agent of sub-contractor of the Repairer. The customer indemnifies the repairer for any liability in contract, tort, negligence or otherwise incurred by the repairer to any third person which a

21、rises out of or in connection with the works including, without limitation, any negligent act or omission on the part of the Repairer or any employee, agent or sub-contractor of the repairer. 1.6 Force majeure6. Force majeureIf the Repairer by reason of any matter beyond its control including, witho

22、ut limitation, any act of God, strike, lock-out or other interference with work, war (declared or undeclared), blockade, disturbance, lightning, fire, earthquake, storm, flood, explosion, governmental or quasi-governmental restraint, expropriation, prohibition, intervention, embargo, unavailability

23、or delay in availability of supplies, equipment or transport, refusal of or delay in obtaining governmental or quasi-governmental approvals, consents, permits, licences, authorities or allocations is unable to perform in whole or in part any obligation under these terms and conditions, the Repairer

24、shall be relieved of that obligation under these terms and conditions to the extent and for the period that it is not reasonably able to perform and shall not in any way be liable to the Customer in respect of such inability.7. Sub-contracting and indemnity7.1 The Repairer shall be entitled to sub-c

25、ontract on any terms the whole or any part of the Works and any and all acts or things that are in the opinion of the Repairer necessary or desirable to carry out and complete the Works.7.2 The Customer undertakes that no claim or allegation shall be made against any person by whomsoever the Works i

26、s performed or undertaken (including all sub-contractors of the Repairer), other than the Repairer, which imposes or attempts to impose upon any such person any liability whatsoever in connection with the Works, whether or not arising out of negligence on the part of such person and, if any such cla

27、im or allegation should nevertheless be made, to indemnify the Repairer against all consequences thereof.8. Liability of employees, agents and contractorsIt is hereby expressly agreed that every exemption from liability and every right, defence and immunity of whatsoever nature applicable to the Rep

28、airer or to which the Repairer is entitled hereunder shall also be available and shall extend to protect every Repairer or agent of the Repairer (including every independent contractor from time to time employed by the Repairer) while acting in the course of or in connection with his employment or e

29、ngagement. The Repairer is or shall be deemed to be acting as an agent or trustee on behalf of and for the benefit of all persons who are or might be employees or agents from time to time (including any independent contractors or subcontractors as aforesaid ) and all such persons shall to this exten

30、t be or be deemed to be parties to the contract en-id into by the Repairer.II Ship Repair and MaintenanceALL crew members, stevedores ,port hangs and other labors working in port and shipyard areas are kindly requested to use their efforts avoid potential health and environmental effects caused by s

31、everal key operations and processes in the shipyard industry.1. Abrasive blastingThis process generates particulate matter, spent slag and abrasives, and heavy metal such as lead , nickel l, zinc and copper, from the breakdown of the removed pigmented coating and substrate. Particulate matter and/or

32、 fine duet, causes respiratory end other human health problems If inhaled. The dust can also degrade air and water quality.Fugitive emissions from blasting operations can travel beyond the blasting area, carried by air or by water. They can migrate to other production arena causing worker exposure, and potential contamination of painting or other operations, contamination to storm drains, other drainage pathway*, sediment, and water. Air can carry fugitive blasting emissions outside the shipyard and impact the general public and environment.2. Marine coatingsConventional p