英文版船舶买卖合同7

　　3.3

　　ANY DECISION OF THE CLASSIFICATION SOCIETY WITH RESPECT TO THE TECHNICAL MATTERS OF ANY DISPUTE SHALL BE FINAL AND BINDING.

　　ARTICLE FOUR

　　SEA TRIAL

　　4.1

　　NOTICE

　　THE SELLER SHALL GIVE 15/10 DAYS ESTIMATE NOTICE AND 7/5/3/ DAYS DEFINETE NOTICE TO THE BUYER AND CLASSFICATION SOCIETTY BEFORE SEA TRIAL, THE SEA TRIALS SHALL START WHEN THE VESSEL IS COMPLETED AND SUITABLE FOR THE PURPOSE OF THE SEA-TRIALS ACCORDING TO THE SPECIFICATIONS.

　　THE SELLER SHALL NOTIFY THE BUYER AND THE CLASSIFICATION SOCIETY AS SOON AS POSSIBLE BUT AT LEAST 30 DAYS NOTICE IN ADVANCE AND IN ANY EVENT GIVE AT 7 WORKING DAYS CONFIRMING PRIOR NOTICE BY WRITING OF THE TIME AND PLACE OF THE TRIAL RUN OF THE VESSEL, AND THE BUYER SHALL HAVE ITS REPRESENTATIVES ON BOARD. THE SELLER SHOULD ARRANGE FOR THE CLASSIFICATION SOCIETY'S REPRESENTATIVE(S) AS CLASS SURVEYOR,TO ATTEND ON BOARD THE VESSEL TO WITNESS SUCH TRIAL RUN.

　　FAILURE IN ATTENDANCE OF THE BUYER'S REPRESENTATIVE(S) AT THE TRIAL RUN OF THE VESSEL FOR ANY REASON WHATSOEVER AFTER DUE NOTICE TO THE BUYER AS ABOVE PROVIDED SHALL BE DEEMED TO BE A WAIVER BY THE BUYER OF ITS RIGHT TO HAVE ITS REPRESENTATIVE(S). AND THE SELLER MAY CONDUCT THE TRIAL RUN WITHOUT ATTENDANCE OF THE BUYER'S REPRESENTATIVE(S), AND IN SUCH CASE THE BUYER SHALL BE OBLIGATED TO ACCEPT THE VESSEL ON THE BASIS OF A CERTIFICATE OF THE SELLER AND THE CLASSIFICATION SOCIETY REPRESENTATIVES THAT THE VESSEL, UPON TRIAL RUN, IS FOUND TO CONFORM TO THIS CONTRACT AND THE SPECIFICATIONS AND PLANS, IF SUCH IS FOUND TO BE THE CASE.

　　4.2

　　WEATHER CONDITION

　　ANY DELAY OF TRIAL RUN CAUSED BY BAD WEATHER CONDITION SHALL OPERATE TO POSTPONE THE FINAL DELIVERY DATE BY THE PERIOD OF DELAY INVOLVED AND SUCH DELAY SHALL BE DEEMED AS A PERMISSIBLE DELAY. THE SELLER SHOULD WITHIN THE SAME DAY AS THE COMMENCEMENTS OF SUCH DELAY ADVISE THE BUYER BY WRITTEN NOTICE OF ALL DETAILS CONCERNING THE DELAYING WEATHER CONDITIONS, TOGETHER WITH A CERTIFICATES ISSURED BY RELEVANT LOCAL AUTHORITY PROVING THE SAME.[page]

　　4.3

　　THE SELLER SHALL BE RESPONSIBLE FOR THE PREPARATION AND COSTS OF ANY FUEL, LUBRICATING OIL AND GREASE NECESSARY FOR THE SEA TRIAL.ALL EXPENSES IN CONNECTION WITH TRIAL RUN OF THE VESSEL ARE TO BE FOR THE ACCOUNT OF THE SELLER, WHO, DURING THE TRIAL RUN AND WHEN SUBJECTING THE VESSEL TO TRIAL RUN, IS TO PROVIDE, AT ITS OWN EXPENSE, THE NECESSARY CREW TO COMPLY WITH CONDITIONS OF SAFE NAVIGATION. THE TRIAL RUN SHALL BE CONDUCTED IN THE MANNER PRESCRIBED IN THE SPECIFICATIONS AND SHALL PROVE FULFILLMENT OF THE PERFORMANCE REQUIRED FOR THE TRIAL RUN AS SET FORTH IN THE SPECIFICATIONS.

　　THE COURSE OF TRIAL RUN SHALL BE DETERMINED BY THE SELLER AND SHALL BE CONDUCTED WITHIN THE TRIAL WATERS EQUIPPED WITH SPEED MEASURING FACILITIES.

　　THE QUANTITY OF ANY UNUSED OIL REMAINING ON BOARD AFTER THE SEA TRIAL SHALL BE AGREED AND SIGNED BY BOTH PARTIES AND ITS COSTS BE PAID BY THE BUYER TO THE SELLER BE CALCULATE ACCORDING TO PRICE OF THE OIL MARKET ON THE DAY OF FINAL DELIVERY.

　　4.4

　　THE RESULT OF SEA TRIAL MUST BE ACCEPTABLE TO CCS CLASS, AND SHALL INDICATE THAT THE VESSEL HAS BEEN BUILT IN COMPLIANCE WITH ALL RELEVANT CCS RULES UP TO THE KEEL LYING DATE FOR OCEAN GOING VESSELS APPLY, PROVIDE THAT THE ABOVE REQUIREMENTS ARE FULLFILLED. THE BUYER AND BUYER’S REPRESENTATIVE HAVE NO RIGHT TO INTERFERENCE THE SEA TRIAL.

　　HOWEVER, SHOULD THE RESULT OF THE TRIAL RUN INDICATE THAT THE VESSEL OR ANY PART THEREOF INCLUDING ITS EQUIPMENT DOES NOT CONFORM TO THE REQUIREMENTS OF THIS CONTRACT AND SPECIFICATIONS(SEE CLAUSE 1.1 OF THIS APPENDIX, MINOR CHANGES/AMENDMENTS EXCLUDED), THEN THE SELLER SHALL INVESTIGATE WITH THE SUPERVISOR THE CAUSE OF FAILURE AND TAKE PROPER STEPS TO REMEDY THE SAME AND SHALL MAKE WHATEVER CORRECTIONS AND ALTERATIONS AND/OR RE-TRIAL RUN OR RUNS AS MAY BE NECESSARY WITHOUT EXTRA COST TO THE BUYER, AND UPON NOTIFICATION BY THE SELLER OF COMPLETION OF SUCH ALTERATIONS OR CORRECTIONS AND IF NECESSARY RE-TRIALS, THE BUYER SHALL, WITHIN TWO (2) WORKING DAYS THEREAFTER, NOTIFY THE SELLER IN WRITING BY TELEX OR TELEFAX OF ITS ACCEPTANCE OF THE VESSEL OR OF THE REJECTION OF THE VESSEL TOGETHER WITH THE REASON THEREFORE ON THE BASIS OF THE ALTERATIONS AND CORRECTIONS AND IF NECESSARY RE-TRIALS BY THE SELLER[page]

　　ANY DISPUTE ARISING AMONG THE PARTIES HERETO AS TO THE RESULT OF ANY TRIAL RUN OR FURTHER TESTS OR TRIALS OF THE VESSEL, AS THE CASE MAY BE SHALL BE SOLVED BY REFERENCE TO ARBITRATION.

　　ARTICLE

　　FIVE

　　FORCE MAJEURE/PERMISSIBLE DELAY