Understanding on Clause 6 and 11 Member: Deng Zhipeng Qian Jintao Zheng Xinhong Ye Yingwei Miao Yu
Member: Deng Zhipeng Qian Jintao Zheng Xinhong Ye Yingwei Miao Yu
Clause 6.Dry-docking/Divers Inspection Clause 11.Condition on delivery
Clause 6. Dry-docking/Divers Inspection Clause 11. Condition on delivery
Clause 6.Dry-docking/Divers Inspection
Clause 6. Dry-docking/Divers Inspection
Clause 6.Dry-docking/Divers Inspection What is dry-docking and why it's needed Dry dock survey means examining the condition of hull bottom in a dry dock for the reason that vessel is easily damaged in daily operation and the buyer can't get the current condition of hull bottom in classification record. +How to operate dry dock survey? Seller invites surveyor and the buyer has a right to participate in the survey
Clause 6. Dry-docking/Divers Inspection What is dry-docking and why it’s needed ? Dry dock survey means examining the condition of hull bottom in a dry dock for the reason that vessel is easily damaged in daily operation and the buyer can't get the current condition of hull bottom in classification record. How to operate dry dock survey? Seller invites surveyor and the buyer has a right to participate in the survey
Existing problems: P1:Although the buyer is not allowed to make suggestions directly to the surveyor,in practice,buyers often impose on surveyors secretly, which will bring about great benefit to themselves.For example, buyers may force price down or require the sellers to afford part of repair cost because of the problem of vessel. Relevant Suggestions: Sellers need to pay great attention to this problem,and buyers are supposed to abide by to the items agreed upon in the contract
Existing problems: P1: Although the buyer is not allowed to make suggestions directly to the surveyor, in practice, buyers often impose on surveyors secretly, which will bring about great benefit to themselves. For example, buyers may force price down or require the sellers to afford part of repair cost because of the problem of vessel. Relevant Suggestions : Sellers need to pay great attention to this problem, and buyers are supposed to abide by to the items agreed upon in the contract
P2:If the damage affects the vessel's class,such defects shall be made good by the sellers at their expense to the satisfaction of the Classification Society without condition.However,it may cost a long period of time to repair,which means the seller may can't deliver the vessel before the cancelling date. Relevant Suggestions Sellers could arrange for dry dock survey as early as possible or invite a diver to make a in water prospection in advance,in case there is a damage or defect.a better choice is to negotiate with the buyer that postponing cancelling date if the vessel need repairing
P2: If the damage affects the vessel's class, such defects shall be made good by the sellers at their expense to the satisfaction of the Classification Society without condition. However, it may cost a long period of time to repair, which means the seller may can't deliver the vessel before the cancelling date. Relevant Suggestions : Sellers could arrange for dry dock survey as early as possible or invite a diver to make a in water prospection in advance, in case there is a damage or defect. a better choice is to negotiate with the buyer that postponing cancelling date if the vessel need repairing
Clause 6.Dry-docking/Divers Inspection What is divers inspection and why it's needed Divers inspection means inviting a diver to examine the vessel instead of examining the vessel in dry dock,for the reasons that the number of ports that can carry on dry dock survey is decreasing,and there is often no dry dock available unless waiting for a long time
What is divers inspection and why it’s needed ? Divers inspection means inviting a diver to examine the vessel instead of examining the vessel in dry dock, for the reasons that the number of ports that can carry on dry dock survey is decreasing, and there is often no dry dock available unless waiting for a long time. Clause 6. Dry-docking/Divers Inspection
Following are some questions that need to be defined: 1.Appoint the place and time for in water survey and the seller is supposed to carry the vessel to there in time. 2.The qualification of diver and who to afford the fee for entrust a diver 3.The appointment is conducted by the buyer or both the buyer and seller 4.Is surveyor from Classification Society needed to be on spot? 5.What if damage or defect is found at the bottom of vessel 6.Does the conclusion made by diver has the same legal validity as judgment from surveyor?
Following are some questions that need to be defined: 1. Appoint the place and time for in water survey and the seller is supposed to carry the vessel to there in time. 2. The qualification of diver and who to afford the fee for entrust a diver 3. The appointment is conducted by the buyer or both the buyer and seller 4. Is surveyor from Classification Society needed to be on spot? 5. What if damage or defect is found at the bottom of vessel ? 6. Does the conclusion made by diver has the same legal validity as judgment from surveyor?
Modification of NSF'2012 1.In both editions,buyers and sellers can choose either dry dock survey or in water survey.But if they do not make choice,then dry dock survey is given priority in 1993 edition,while in water survey is given priority in 2012 edition. Reason:the number of ports that can carry on dry dock survey is decreasing,and there is often no dry dock available unless waiting for a long time. 2.In 2012 edition,if in water survey is chosen "such option shall be declared latest 9 days prior to clause 5(b)of this agreement", which means,the buyer need to inform the seller to prepare for in water survey at least 9 days before. Reason:for fear that seller don't have enough time to arrange for the survey,and the buyer need to exercise the right in time
1. In both editions, buyers and sellers can choose either dry dock survey or in water survey. But if they do not make choice, then dry dock survey is given priority in 1993 edition, while in water survey is given priority in 2012 edition. Reason: the number of ports that can carry on dry dock survey is decreasing, and there is often no dry dock available unless waiting for a long time. 2.In 2012 edition, if in water survey is chosen "such option shall be declared latest 9 days prior to clause 5(b) of this agreement" , which means, the buyer need to inform the seller to prepare for in water survey at least 9 days before. Reason: for fear that seller don't have enough time to arrange for the survey, and the buyer need to exercise the right in time. Modification of NSF'2012
3.In 6b(ii)of 1993 edition,the reasons for extending the canceling date is dry-docking and extra steaming.While in 2012 edition,moving vessel and moving back when operating in water survey can also extending the canceling date. 4.New request added If there is damage on vessel,but Classification Society doesn't require reparation,the seller has the right to deliver the vessel in such condition, but reparation fee should be deduct from the price
3. In 6b(ii) of 1993 edition, the reasons for extending the canceling date is dry-docking and extra steaming. While in 2012 edition, moving vessel and moving back when operating in water survey can also extending the canceling date. 4.New request added： If there is damage on vessel, but Classification Society doesn't require reparation, the seller has the right to deliver the vessel in such condition, but reparation fee should be deduct from the price