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中船总造船合同版本 本文简介：SHIPBUILDINGCONTRACTFORCONSTRUCTIONOFVESSEL(HULLNO.______)BETWEENasBUYERandCHINASHIPBUILDINGTRADINGCOMPANY,LIMITEDandSHIPYARDCollectivelyasSELLERCONTE
中船总造船合同版本 本文内容：
SHIPBUILDING
CONTRACT
FOR
CONSTRUCTION
OF
VESSEL
(HULL
NO.
______)
BETWEEN
as
BUYER
and
CHINA
SHIPBUILDING
TRADING
COMPANY,LIMITED
and
SHIPYARD
Collectively
as
SELLER
CONTENTS
ARTICLE
Page
No.
I
DESCRIPTION
AND
CLASS
6
1.
Description
……………………………6
2.
Class
and
Rules
…………………6-7
3.
Principal
Particulars
and
Dimensions
of
the
Vessel……………….7
4.
Guaranteed
Speed
.……………………7
5.
Guaranteed
Fuel
Consumption
.………………………7
6.
Guaranteed
Deadweight
……………………7-8
7.
Subcontracting
.………………………8
8.
Registration
………………………8
II
CONTRACT
PRICE
AND
TERMS
OF
PAYMENT
9
1.
Contract
Price
.………………………….9
2.
Currency
…………………….9
3.
Terms
of
Payment
………………….9-10
4.
Method
of
Payment
.………………10-11
5.
Prepayment
.………………….12
6.
Security
for
Payment
of
Instalments
before
Delivery
…………….12
7.
Refunds
……………12-13
III
ADJUSTMENT
OF
THE
CONTRACT
PRICE
14
1.
Delivery
……………….14-16
2.
Insufficient
Speed
………………….16
3.
Excessive
Fuel
Consumption
…………….16-17
4.
Deadweight
.………………….17
5.
Effect
of
Rescission
.……………17-18
IV
SUPERVISION
AND
INSPECTION
19
1.
Appointment
of
the
BUYER
s
supervisor
19
2.
Approval
of
Plans
and
Drawings
…………………19
3.
Supervision
and
Inspection
by
the
Supervisor
.……………19-20
4.
Liability
of
the
SELLER
.……………….20-21
5.
Salaries
and
Expenses
………………….21
6.
Report
of
Progress
.…………………….21
7.
Replacement
of
Supervisor
.………………….21
V
MODIFICATIONS,CHANGES
AND
EXTRAS
22
1.
How
Effected
…………………….22
2.
Changes
in
Class,etc.
.………………22-23
3.
Substitution
of
Materials
and/or
Equipments
………………….23
4.
BUYER
s
Supplied
Items
.………………23-24
ARTICLE
Page
No.
VI
TRIALS
25
1.
Notice
25-26
2.
How
Conducted
.……………………26
3.
Trial
Load
Draft
……………………26
4.
Method
of
Acceptance
or
Rejection
……………….26-27
5.
Disposition
of
Surplus
Consumable
Stores
……………………27
6.
Effect
of
Acceptance
.………………27-28
VII
DELIVERY
29
1.
Time
and
Place
…………………29
2.
When
and
How
Effected
…………………….29
3.
Documents
to
be
Delivered
to
the
BUYER
.………………29-30
4.
Title
and
Risk
…………………….
30
5.
Removal
of
VESSEL
.………………………31
6.
Tender
of
the
VESSEL
…………………….31
VIII
DELAYS
AND
EXTENSION
OF
TIME
FOR
DELIVERY
32
1.
Causes
of
Delay
.…………………….
32
2.
Notice
of
Delay
…………………….32
3.
Right
to
Cancel
for
Excessive
Delay
………………….32-33
4.
Definition
of
Permissible
Delay
.……………………33
IX
WARRANTY
OF
QUALITY
34
1.
Guarantee
of
Material
and
Workmanship
……………….34
2.
Notice
of
Defects
.……………………34
3.
Remedy
of
Defects
………………34-35
4.
Extent
of
the
SELLER
s
Liability
………………….35-36
5.
Guarantee
Engineer
…………………………36
X
CANCELLATION,REJECTION
AND
RESCISSION
BY
THE
BUYER
37
XI
BUYER
s
DEFAULT
38
1.
Definition
of
Default
………………………………………….38
2.
Notice
of
Default
.………………………………………….38
3.
Interest
and
Charge
………………………………38-39
4.
Default
before
Delivery
of
the
VESSEL
………………………………39
5.
Sale
of
the
VESSEL
.………………………39-40
ARTICLE
Page
No.
XII
INSURANCE
41
1.
Extent
of
Insurance
Coverage
.…………………
41
2.
Application
of
Recovered
Amount
………………41-42
3.
Termination
of
the
BUILDER
s
Obligation
to
Insure
……………42
XIII
DISPUTES
AND
ARBITRATION
43
1.
Proceedings
.……………………43
2.
Alternative
Arbitration
by
Agreement
.…………………43
3.
Notice
of
Award
………………43-44
4.
Expenses
.…………………44
5.
Award
of
Arbitration
.…………………44
6.
Entry
in
Court
.…………………44
7.
Alteration
of
Delivery
Time
.…………………44
XIV
RIGHT
OF
ASSIGNMENT
45
XV
TAXES
AND
DUTIES
46
1.
Taxes
.…………………….
.46
2.
Duties
…………………
46
XVI
PATENTS,TRADEMARKS
AND
COPYRIGHTS
47
XVII
NOTICE
48-49
XVIII
EFFECTIVE
DATE
OF
CONTRACT
50
XIX
INTERPRETATION
51-52
1.
Law
Applicable
……………
……51
2.
Discrepancies
.……………………51
3.
Definition
.………….…51-52
Exhibit
“A“:
IRREVOCABLE
LETTER
OF
GUARANTEE
NO.
53-54
Exhibit
“B“:
IRREVOCABLE
LETTER
OF
GUARANTEE
FOR
THE
2ND,3RD
AND
4TH
INSTALMENTS
55-57
SHIPBUILDING
CONTRACT
FOR
CONSTRUCTION
OF
ONE
__________________
DEADWEIGHT
___________________________________
(HULL
NO.
______)
This
CONTRACT,entered
into
this
___
day
of
_____
by
and
between
___________________,a
corporation
organized
and
existing
under
the
Laws
of
____________,having
its
registered
office
at
_______________
(hereinafter
called
the
“BUYER“)
on
one
part;
and
CHINA
SHIPBUILDING
TRADING
COMPANY,LIMITED,a
corporation
organized
and
existing
under
the
Laws
of
the
People
s
Republic
of
China,having
its
registered
office
at
10,YueTan
BeiXiaoJie,Beijing
100861,the
People
s
Republic
of
China
(hereinafter
called
“CSTC“),and
_______
SHIPYARD,a
corporation
organized
and
existing
under
the
Laws
of
the
People
s
Republic
of
China,having
its
registered
office
at____________________,the
People
s
Republic
of
China
(hereinafter
called
the
“BUILDER“)
on
the
other
part.
CSTC
and
the
BUILDER
are
hereinafter
collectively
called
the
“SELLER“WITNESSETH
In
consideration
of
the
mutual
covenants
contained
herein,the
SELLER
agrees
to
build,launch,equip
and
complete
at
the
BUILDER
s
Shipyard
and
to
sell
and
deliver
to
the
BUYER
after
completion
and
successful
trial
one
(1)
_______________________________________
Vessel
as
more
fully
described
in
Article
I
hereof,to
be
registered
under
the
flag
of
_______
and
the
BUYER
agrees
to
purchase
and
take
delivery
of
the
aforesaid
VESSEL
from
the
SELLER
and
to
pay
for
the
same
in
accordance
with
the
terms
and
conditions
hereinafter
set
forth.
ARTICLE
I
DESCRIPTION
AND
CLASS
1.
DESCRIPTION:
The
VESSEL
is
a
metric
tons
deadweight,at
designed
draft
moulded
of
_____
meters
(hereinafter
called
the
“VESSEL“)
of
the
class
described
below.
The
VESSEL
shall
have
the
BUILDER
s
Hull
No.
______
and
shall
be
constructed,equipped
and
completed
in
accordance
with
the
following
“Specifications“:
(1)
Specification
(Drawing
No.
)
(2)
General
Arrangement
(Drawing
No.
)
(3)
Midship
Section
(Drawing
No.
)
(4)
Makers
list
(Drawing
No.
)
attached
hereto
and
signed
by
each
of
the
parties
to
this
Contract
(hereinafter
collectively
called
the
“Specifications“),making
an
integral
part
hereof.
2.
CLASS
AND
RULES
The
VESSEL,including
its
machinery
and
equipment,shall
be
constructed
in
accordance
with
the
rules
and
regulations
of
________________________
(hereinafter
called
the
“Classification
Society“)
and
shall
be
distinguished
in
the
record
by
the
symbol
of
_____
+___,___,___,___,___,___,and
shall
also
comply
with
the
rules
and
regulations
as
fully
described
in
the
Specifications.
The
requirements
of
the
authorities
as
fully
described
in
the
Specifications
including
that
of
the
Classification
Society
are
to
include
any
additional
rules
or
circulars
thereof
issued
and
become
effective
as
at
the
date
of
signing
this
Contract.
The
SELLER
shall
arrange
with
the
Classification
Society
to
assign
a
representative
or
representatives
(hereinafter
called
the
“Classification
Surveyor“)
to
the
BUILDER
s
Shipyard
for
supervision
of
the
construction
of
the
VESSEL.
All
fees
and
charges
incidental
to
Classification
and
to
comply
with
the
rules,regulations
and
requirements
of
this
Contract
as
described
in
the
Specifications
issued
up
to
the
date
of
this
Contract
as
well
as
royalties,if
any,payable
on
account
of
the
construction
of
the
VESSEL
shall
be
for
the
account
of
the
SELLER,except
as
otherwise
provided
and
agreed
herein.
The
key
plans,materials
and
workmanship
entering
into
the
construction
of
the
VESSEL
shall
at
all
times
be
subject
to
inspections
and
tests
in
accordance
with
the
rules
and
regulations
of
the
Classification
Society.
Decisions
of
the
Classification
Society
as
to
compliance
or
noncompliance
with
Classification
rules
and
regulations
shall
be
final
and
binding
upon
the
parties
hereto.
3.
PRINCIPAL
PARTICULARS
AND
DIMENSIONS
OF
THE
VESSEL
(a)
Hull:
Length
overall
abt.
___.__m
Length
between
perpendiculars
___.__m
Breadth
moulded
___.__m
Depth
moulded
___.__m
Design
Draft
moulded
___.__m
(b)
Propelling
Machinery:
The
VESSEL
shall
be
equipped,in
accordance
with
the
Specifications,with__________
_____
type
Main
Engine.
4.
GUARANTEED
SPEED
The
SELLER
guarantees
that
the
trial
speed,after
correction,is
to
be
not
less
than
____
nautical
miles
per
hour
on
the
loaded
condition
stipulated
in
the
Specification.
The
trial
speed
shall
be
corrected
for
wind
speed
and
shallow
water
effect.
The
correction
method
of
the
speed
shall
be
as
specified
in
the
Specifications.
5.
GUARANTEED
FUEL
CONSUMPTION
The
SELLER
guarantees
that
the
fuel
oil
consumption
of
the
Main
Engine
is
not
to
exceed
___._
grams/brake
horse
power/hour
at
normal
continuous
output
at
shop
trial
based
on
diesel
fuel
oil
having
a
lower
calorific
value
of
__,___
kilocalories
per
kilogram.
6.
GUARANTEED
DEADWEIGHT
The
SELLER
guarantees
that
the
VESSEL
is
to
have
a
deadweight
of
not
less
than
__,___
metric
tons
at
the
designed
loaded
draft
moulded
of
__.__
meters
in
sea
water
of
1.025
specific
gravity.
The
term,“Deadweight“,as
used
in
this
Contract,shall
be
as
defined
in
the
Specifications.
The
actual
deadweight
of
the
VESSEL
expressed
in
metric
tons
shall
be
based
on
calculations
made
by
the
BUILDER
and
checked
by
the
BUYER,and
all
measurements
necessary
for
such
calculations
shall
be
performed
in
the
presence
of
the
BUYER
s
supervisor(s)
or
the
party
authorized
by
the
BUYER.
Should
there
be
any
dispute
between
the
BUILDER
and
the
BUYER
in
such
calculations
and/or
measurements,the
decision
of
the
Classification
Society
shall
be
final.
7.
SUBCONTRACTING:
The
SELLER
may,at
its
sole
discretion
and
responsibility,subcontract
any
portion
of
the
construction
work
of
the
VESSEL
to
experienced
subcontractors,but
delivery
and
final
assembly
into
the
VESSEL
of
any
such
work
subcontracted
shall
be
at
the
BUILDER
s
Shipyard.
The
SELLER
shall
remain
responsible
for
such
subcontracted
work.
8.
REGISTRATION:
The
vessel
shall
be
registered
by
the
BUYER
at
its
own
cost
and
expenses
under
the
laws
of
______
at
the
time
of
delivery
and
acceptance
thereof.
ARTICLEII
CONTRACT
PRICE
&
TERMS
OF
PAYMENT
1.
CONTRACT
PRICE:
The
purchase
price
of
the
vessel
is
United
States
Dollars
only
(USD
),net
receivable
by
the
Seller
(hereinafter
called
the
“Contract
Price”),which
is
exclusive
of
the
cost
for
the
BUYER’s
Supplies
as
provided
in
Article
V
hereof,and
shall
be
subject
to
upward
or
downward
adjustment,if
any,as
hereinafter
set
forth
in
this
Contract.
2.
CURRENCY:
Any
and
all
payments
by
the
BUYER
to
the
SEELER
under
this
Contract
shall
be
made
in
United
States
Dollars.
3.
TERMS
OF
PAYMENT
The
Contract
Price
shall
be
paid
by
the
BUYER
to
the
SELLER
in
instalments
as
follows:
(a)
1st
Instalment:
The
sum
of
United
States
Dollars
__________________________________
(US$
_________),representing
___
percent
(__%)
of
the
Contract
Price
shall
become
due
and
payable
and
be
paid
by
the
BUYER
on
or
before
this
Contract
becoming
effective
and
provided
that
the
SELLER
shall
have
submitted
to
the
BUYER
the
Refund
Guarantee
in
the
form
annexed
hereto
as
Exhibit”A”
issued
by
Bank
of
China,Head
Office,Banking
Department,Beijing,the
People’s
Republic
of
China,and
provided
further
that
the
SELLER
shall
have
RECEIVED
the
first
class
international
Bank’s
Letter
of
Guarantee
in
accordance
with
Paragraph
6
of
this
Article.
(b)
2nd
Instalment:
The
sum
of
United
States
Dollars
(US$
____),representing
_______
percent
(__%)
of
the
Contract
Price,shall
become
due
and
payable
and
be
paid
within
three
(3)
New
York
business
days
after
the
cutting
the
first
steel
plate
of
the
VESSEL
in
the
BUILDER’s
workshop.
The
SELLER
shall
notify
with
a
telex
or
telefax
notice
along
with
a
certificate
certified
by
the
BUYER’s
authorized
party
to
this
effect
to
this
effect
to
the
BUYER
stating
that
the
1st
steel
plate
has
been
cut
in
its
workshop
and
demand
for
payment
of
this
instalment
as
soon
as
the
cutting
of
the
steel
is
made.
(c)
3rd
Instalment:
The
sum
of
United
States
Dollars
(US$
)
representing
percent
(
%)
of
the
Contract
Price,shall
become
due
and
payable
and
be
paid
within
three
(3)
New
York
business
days
after
the
keel-laying
of
the
first
section
of
the
VESSEL.
The
keel-laying
shall
be
notified
by
the
SELLER
with
a
telex
or
telefax
notice
along
with
a
certificate
certified
by
the
BUYER’s
authorized
party
to
this
effect
to
this
effect
to
the
BUYER
stating
that
the
keel-laying
has
been
carried
out.
The
SELLER
shall
send
to
the
BUYER
a
telex
or
telefax
demand
for
payment
of
this
instalment
as
soon
as
the
keel-laying
is
carried
out.
(d)
4th
Instalment:
The
sum
of
United
States
Dollars
____________________
(US$
)
representing
percent
(
%)
of
the
Contract
Price,shall
become
due
and
payable
and
be
paid
within
three
(3)
New
York
business
days
after
the
launching
of
the
VESSEL.
The
launching
of
the
VESSEL
shall
be
notified
by
the
SELLER
with
a
telex
or
telefax
notice
along
with
a
certificate
certified
by
the
BUYER’s
authorized
party
to
this
effect
to
this
effect
to
the
BUYER
stating
that
the
launching
of
the
VESSEL
has
been
carried
out.
The
SELLER
shall
send
to
the
BUYER
a
telex
or
telefax
demand
for
payment
of
this
instalment
as
soon
as
the
VESSEL
is
launched.
(e)
5th
Instalment
(payment
upon
Delivery
of
the
VESSEL)
The
sum
of
United
States
Dollars
____________________
(US$
)
representing
percent
(
%)
of
the
Contract
Price,plus
any
increase
or
minus
any
decrease
due
to
modifications
and/or
adujstments
of
the
Contract
price
in
accordance
with
provisions
of
the
relevant
Articles
hereof,shall
become
due
and
payable
and
be
paid
by
the
BUYER
to
the
SELLER
concurrently
with
delivery
of
the
VESSEL.
The
SELLER
shall
send
to
the
BUYER
a
telex
or
telefax
demand
for
this
instalment
ten
(10)
days
prior
to
the
scheduled
date
of
the
VESSEL.
4.
METHOD
OF
PAYMENT
(a)
1st