新造船英文合同
标准新造船合同(上海格式)3
THE SECOND PART: CHINA MARITIME ARBITRATION COMMISSION STANDARD NEWBUILDING CONTRACT (SHANGHAI FORM)(ENGLISH VERSION) CHINA MARITIME ARBITRATION COMMISSION (CMAC) STANDARD NEWBUILDING CONTRACT (HULL NO: ) THIS CONTRACT, is made this (date) day of (month), (year), by and between, (full name of the BUYER), a corporation organized and existing under laws of (country or area of the BUYER), having its principal office at (country or city), as one party (hereinafter called the “BUYER” or “Principal”), and (full name of the shipbuilding trading company) a corporation organised and existing under laws of P.R. China, having its principal office at P.R. China as well as (full name of the shipbuilder) a corporation organized and existing under laws of P.R. China, having its principal office at P.R. China, together as the other party (hereinafter called the “SELLER” or “BUILDER”). WITNESSTH: In consideration of the mutual covenants contained herein, the SELLER agrees to design, build ,equip, launch and complete at the SELLER’s shipyard and to sell to the BUYER after accomplishment and successful trial of (type, name and number of the vessels), The technical Specifications will be described in Article I of the Contract. The VESSEL will be registered under the flag of (name of flag country). 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. SECTION 1 VESSEL ARTICLE Ⅰ DESCRIPTION 1. HULL NUMBER The Vessel shall be constructed at SELLER’s shipyard or the shipyard specified by the SELLERS and shall have the BUILDER’s Hull No: . 2. PRINCIPAL TECHNICAL DOCUMENTATION The VESSEL shall be constructed, equipped and completed in accordance with the following principal technical documentation: (1) Specification (Drawing No. ) (2) General Arrangement (Drawing No. ) (3) Midship Section (Drawing No. ) (4) Makers list (Drawing No. ) 3. PRINCIPAL TECHNICAL PARAMETERS OF THE VESSEL The principal technical parameters of the VESSEL as per the Specifications are as below:Length overall abt. mLength between perpendiculars mBreadth, moulded mDepth, moulded mDesigned Draft mSpeed knotDeadweight tHold Capacity m3(2) Propelling Machinery:The VESSEL shall be equipped, in accordance with the Specifications, with set (s) . of Main Engine of type with MCR kW and rated revolution rpm. The technical parameters of the VESSEL shall be defined, measured, and approved in accordance with the “Specifications”:4. GUARANTEES(1) SpeedThe Builder guarantees that the trial speed, after correction, is to be not less than nautical miles per hour on the trial condition of the weather and clean hull as stipulated in the Specifications. The speed shall be corrected for wind speed and shallow water effect with the method as specified in the Specifications.(2) DeadweightThe term, “Deadweight”, as used in the Contract, shall be as defined in the Specifications.The Builder guarantees that the VESSEL is to have a deadweight of not less than metric tons at the designed loaded draft of meters in sea water of 1.025t/ m3 specific gravity. (3) Hold CapacityThe Builder guarantees that the VESSEL’s actual hold capacity is to be not less than m3as specified in the Specifications.(4) Fuel Oil ConsumptionThe Builder guarantees that the fuel oil consumption of the Main Engine at shop test 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.(5) The actual speed, deadweight,hold capacity and fuel oil consumption of the VESSEL shall be measured by the BUILDER in the presence of the BUYER’s supervisor(s) or the Representative authorized by the BUYER for purpose of confirmation or approval.Should there be any dispute between the BUILDER and the BUYER in such measurements, Classification Society shall be appointed to make remeasurements subject to the agreement by both parties. The result made by the Classification Society shall be final and binding to both parties.ARTICLEⅡCLASSIFICATION,RULES AND REGULATIONS1. The VESSEL, including its design construction inspection test and delivery shall conform toSociety”). and shall obtain the class notation of and shall also meet the requirementsof the regulations and the rules of the flag authorities as below:(1) The regulations and the rules having becoming effective on the date of the signing date ofsigning of the Contract, or(2) The regulations and the rules which have not been effective while have been officiallyapproved and published on the date of signing of the Contract and are to come into force pirot tothe delivery of the VESSEL.All the regulations, the rules and requirements of the flag authorities and the ClassificationSociety shall be unconditionally met.2. All the laws rules and regulations of the authorities shall be final and binding upon the partieshereto.3. All fees and charges incidental to Classification and to comply with the rules, regulations andrequirements of the Contract as described in the Specifications as well as royalties, if any,payable on account of the construction of the VESSEL shall be for the account of the BUILDER,except as otherwise provided and agreed herein.The key plans, materials and workmanship entering into the construction of the VESSEL shall atall times be subject to inspections and tests in accordance with the rules and regulations of theClassification Society.ARTICLEⅢDESIGN—LIABILITY IN THE DESIGN CONTRACTThe design of the VESSEL shall be carried out by a design company in accordance with theDesign Specifications based on the requirements of the BUYER. The design shall determine theperformance and technical parameters of the VESSEL (including navigation areas and shippingcourse, ship type, trading purpose, nationality and class, propelling equipment, speed andreserved power, endurance, deadweight, hold capacity and accommodation facilities), as well ascompliance with the rules and regulations of CLASSIFICATION SOCIETY and relevantauthorities. A design contract shall be executed by the PARTIES for quality assurance andclarification of the obligations.If the BUYER assigns design company from outside of China to design the VESSELthe BUYER shall enter into a design contract with this design company. Thereafter, theBUILDER enters into a subcontract with (the design company) for the detailed designand workshop design. In such event, the BUILDER shall undertake responsibility neither for anydefect of the VESSEL and mistake arising from the design, or any deficiency of speed,deadweight, fuel oil consumption and hold capacity due to non-compliance with the relevantregulations and rules, nor for any extension of the Delivery Time of the VESSEL due to the delayin the delivery of the drawings.If the design company is assigned by the BUILDER, the design contract shall be signed betweenthe BUILDER and this design company. In such event, the BUILDER shall undertakeresponsibility for any defect of the VESSEL and mistake arising from the design, or anywith the relevant regulations and rules, and for any extension of the Delivery Time of theVESSEL due to the delay in the delivery of the drawings.ARTICLEⅣENVIRONMENTAL PROTECTION1. IMO HAZARDOUS MATERIALS INVENTORYThe BUILDER shall, in accordance with the IMO Guidelines on Ship Recycling, withamendments in force as of the date of the Contract:(1) Endeavour to take due account of the Vessel’s Recycling disposal when designing andconstructing the Vessel;(2) Maximizing the use of the materials of green, low carbon and being recycled safely andenvironmental friendly;(3) Minimizing the use of the materials which have been known to be potentially hazardous tohuman health and the environment.In consultation with equipment manufactures, the BUILDER will provide the Buyer with a GreenPassport Statement of Compliance issued by the Classification Society containing informationincluding the Vessel’s hull number and main particulars and listing any and all equipment andsystems having been known to be potentially hazardous utilized in the construction of the Vessel.The list of the materials which are potentially hazardous shall contain the location and theapproximate quantity/volume of each material on board of the Vessel.2. Protective Coating StandardThe Vessel’s double-side skin spaces and dedicated seawater ballast tanks shall be coated inaccordance with the Specifications. The Protective Coating Standard should be in compliancewith the applicable laws, regulations, rules and requirements of the Classification Society and theRegulatory Authorities.3. Source of OriginIf so requested by the Buyer, the BUILDER shall identify the country of origin of the maincomponents listed in the Maker’s List and Specifications.SECTION 2 FINANCIALARTICLE V CONTRACT PRICE & TERMS OF PAYMENT1. CONTRACT PRICE:The purchase price of the Vessel is (Amount andCurrency, hereinafter called the “Contract Price”), net receivable by the BUILDER which isexclusive of the BUYER’s Supplies as provided in Article XI hereof, and shall be adjustedsubject to Article VI under the Contract.Any and all payments by the BUYER to the BUILDER under the Contract shall be made in(Currency and Symbol).3. TERMS OF PAYMENT:The Contract Price shall be paid by the BUYER to the BUILDER in installments as follows: (1) The 1st Installment:The sum of United States Dollars (USD ), representing . percent ( %) of the Contract Price, shall become due and payable and be paid by the BUYER concurrently within three (3) working days after the BUILDER issued the Letter of Refund Guarantee.(2) The 2nd Installment:The sun of United States Dollars (USD ), representing . percent ( %) of the Contract Price, shall become due and payable and be paid within three (3) business days after the cutting of the first steel plate of the Vessel. (3) The 3rd Installment:The sun of United States Dollars (USD ), representing . percent ( %) of the Contract Price, shall become due and payable and be paid within three (3) business days after keel-laying of the first section of the Vessel. (4) The 4th Installment:The sun of United States Dollars (USD ), representing . percent ( %) of the Contract Price, shall become due and payable and be paid within three (3) business days after launching of the Vessel.(5) The 5th Installment:The sun of United States Dollars (USD ), representing . percent ( %) of the Contract Price plus any increase or minus any decrease due to modifications and/or adjustments to the Contract Price in accordance with provisions of the relevant Article hereof, shall become due and payable and be paid by the BUYER to the BUILDER on date of delivery of the Vessel. The BUILDER shall send to the BUYER an email or facsimile demand for this installment ten (10) days prior to the scheduled date of delivery of the Vessel.(6) The 6th Installment:The sun of United States Dollars (USD ), representing .percent ( %) of the Contract Price shall be paid within three (3) working days after the expiration of the guarantee period of the Vessel.4. METHOD OF PAYMENT(1) 1st Installment:The BUYER shall remit the amount of this installment to the receiving bank nominated by the BUILDER (to name the bank here), for credit to the account of the BUILDER, within three (3)business days after receiving notice in writing from the BUILDER which should also beconfirmed and signed by the BUYER’s authorized representative (same as below)regarding(2) 2nd Installment:The BUYER shall remit the amount of this installment to the receiving bank nominated by theBUILDER, for credit to the account of the BUILDER, within three (3) business days afterreceiving notice in writing from the BUILDER regarding cutting steel of the Vessel.(3) 3rd Installment:The BUYER shall remit the amount of this installment to the receiving bank nominated by theBUILDER, for credit to the account of the BUILDER, within three (3) business days afterreceiving notice in writing from the BUILDER regarding keel-laying of the Vessel.(4) 4th Installment:The BUYER shall remit the amount of this installment to the receiving bank nominated by theBUILDER, for credit to the account of the BUILDER, within three (3) business days afterreceiving notice in writing from the BUILDER regarding launching of the Vessel.(5) 5th Installment (Payable upon delivery of the Vessel):The BUYER shall, at least three (3) bank business days prior to the scheduled date of delivery ofthe Vessel, make a cash deposit with the bank nominated by the BUILDER, covering the amountof this installment as adjusted in accordance with the provisions of the Contract as agreed by theParties hereto, with an irrevocable instruction that the said amount shall be released to theBUILDER against presentation by the BUILDER to the said Bank, of a copy of the Protocol ofDelivery and Acceptance signed by the BUYER’s authorized representative and the SELLER.Interest, if any, accrued from such deposit, shall be for the benefit on the BUYER.Unless otherwise provided in the Contract, the BUYER shall not defer or refuse payment of anyinstallment for the reason of any disputes or arguments of whatsoever nature between the Parties.(6) The 6th Installment:The BUYER shall remit the amount of this installment to the receiving bank nominated by theBUILDER, for credit to the account of the BUILDER within three (3) working days after receiptof the notice from the BUILDER stating the expiration of the guarantee period of the Vessel.5. PREPAYMENT:The BUYER shall have the obligation to make prepayment of any and all installments beforedelivery of the Vessel, by giving to the SELLER at least thirty (30) calendar days prior notice inwriting, without any price adjustment of the Vessel for such prepayment.6.SECURITY FOR PAYMENT OF INSTALLMENTS BEFORE DELIVERY:The BUYER shall, concurrently when the Contract being signed, deliver to the BUILDER anirrevocable and unconditional Letter of Guarantee in the from annexed hereto as Exhibit “B” infavor of the BUILDER issued by a first class international bank (hereinafter called the“Guarantor”) acceptable to BUILDER’s bank and the BUILDER. This guarantee shall secure theBUYER’s obligation for the payment of all 2nd, 3rd and 4th installments of the Contract Price.7. REFUNDSAll payments made by the BUYER prior to delivery of the Vessel shall be in the nature ofBUILDER, all in accordance with the specific terms of the Contract permitting such rescission orcancellation, the BUILDER shall refund to the BUYER the full amount of all sums already paidby the BUYER to the BUILDER under the Contract, together with interest (at the rate set out inrespective provision thereof) from the respective payment date(s) to the date of remittance bytelegraphic transfer of such refund to the account specified by the BUYER.As security to the BUYER, the BUILDER shall deliver to the BUYER, concurrently with theContract being signed, a Refund Guarantee to be issued by (to name bank here) in the form as perANNEX “A” annexed hereto.ARTICLE VI ADJUSTMENT OF THE CONTRACT PRICEThe Contract Price of the VESSEL shall be adjusted subject to (1) the actual technical particularsdifferent from the Specification and/or (2) the external changes in the market different from thesituation when signing the Contract . It is mutually agreed by both parties that the said technicalparticulars refer to the speed, the deadweight, the hold capacity, the fuel consumption of the mainengine, delivery time and other items, and the said external changes in the market refer to theprice of major materials and exchange rate. It is understood by both parties that the adjustment ofthe Contract Price refer to the increase or reduction of the Contract Price and any adjustment ofthe Contract Price is by way of liquidated damages and not by way of penalty.This Article specifies the amount of liquidated damages for the deficiency of abovementionedtechnical particulars and changes in the market as below.1. SPEED(1) If the reduction of the speed (as determined by the sea trial after correction according to theSpecifications, same is to apply to below) is less than three-tenths (3/10) of one knot below theguaranteed speed as specified in Paragraph 4 (1) of Article I, there shall be no adjustment of theContract Price.(2) However, if the reduction of the speed is greater than or equal to three-tenths (3/10) of oneknot below the guaranteed speed as specified in Paragraph 3 (1) of Article I, the Contract Priceshall be reduced as follows:In case of reduction of less than 0.3 knot USD 0In case of reductionat or above 0.30 but below 0.40 knot USDat or above 0.40 but below 0.50 knot USDat or above 0.50 but below 0.60 knot USDat or above 0.60 but below 0.70 knot USDat or above 0.70 but below 0.80 knot USDat or above 0.90 but below 1.00 knot USD(3) If the reduction in speed is greater than 1 knot below the guaranteed speed, the BUYER shallat his own discretion either reject the VESSEL or cancel the Contract in accordance with ArticleXXVII, or may accept the VESSEL at a reduction in the Contract Price as above provided, by(4) The BUILDER shall be entitled to carry out further sea trials after correcting the defectswhich result in the speed reduction to achieve the guaranteed speed as specified in theSpecification.(5) If the actual speed is more than the guaranteed speed as specified in the Specification, theBUYER shall provide bonus to the BUILDER as below method:If the increase of the speed is less than three-tenths (3/10) of one knot more than the guaranteedspeed, there shall be no adjustment of the Contract Price.Thereafter the Contract Price shall be increased by USD for each one-tenths (1/10) ofone knot more than the guaranteed speed, but the maximum amount shall not be more thanUnited States Dollars (USD ).2. DEADWEIGHT(1) If the actual deadweight of the VESSEL at design draft determined in accordance with theSpecifications is not less than 98% of the guaranteed deadweight ( metric ton), thereshall be no adjustment of the Contract Price.(2) The Contract Price shall be decreased by the sum of United States Dollars (USD )for each full metric ton of such reduction being less than 98% of the guaranteed deadweight( ) metric tons.(3) If the reduction in the VESSEL’S actual deadweight is greater than metric tonsbelow the guaranteed deadweight, the BUYER may, at its option, reject the VESSEL or cancelthe Contract in accordance with the provisions of Article XVII of the Contract, or may accept theVESSEL with reduction in the Contract Price up to the maximum amount of United StatesDollars (USD ).(4) If the increase of actual deadweight of the VESSEL at design draft determined in accordancewith the Specifications is less than 102% of the guaranteed deadweight ( metric ton),there shall be no adjustment of the Contract Price, while the Contract Price shall be increased bythe sum of United States Dollars (USD ) for each full metric ton of suchincrease being more than 102% of the guaranteed deadweight ( ) metric tons. But themaximum amount increased shall not be more than United States Dollars (USD ).3. HOLD CAPACITY(1) If the actual hold capacity of the VESSEL is not less than 98% of the guaranteed holdcapacity as specified in the Specification, there shall be no adjustment of the Contract Price.(2) If the actual hold capacity of the VESSEL is less than 98% of the hold capacity as specified inthe Specification, then for each full cubic meter thereafter below the hold capacity, the ContractPrice shall be reduced by the sum of USD for each full cubic meter as liquidateddamages up to a maximum amount United States Dollars (USD )(fractions of one percent to be prorated).(3) If the reduction of the VESSEL’S actual hold capacity is greater than below the holdcapacity as specified in the Specification, the BUYER may reject the VESSEL or cancel theContract.in the Specification, then for each full cubic meter thereafter above the hold capacity, theContract Price shall be increased by the sum of United States Dollars (USD )for each cubic meter. But the maximum amount increased shall not be more than United StatesDollars (USD ) (proportionally the amount less than 1 cubic meter can beexempted).4. EXCESSIVE FUEL CONSUMPTION OF THE MAIN ENGINE(1) If the actual fuel consumption of the Main Engine, as determined on the test bed is equal to orless than five percent (5%) of the guaranteed fuel consumption as specified under the provisionof the Contract and the Specifications, there shall be no adjustment of the Contract Price.(2) However, if the actual fuel consumption as determined by the test bed is greater than fivepercent (5%) above the guaranteed fuel consumption then, the Contract Price shall be reduced bythe sum of United States Dollars (USD) for each whole percentage (1%) increase infuel consumption in excess of the above said five (5%) (fractions of one percent to be prorated).(3) If as determined by test bed such actual fuel consumption of the Main Engines is greater thanten percent (10%). i.e. gram/bhp/h in excess of the guaranteed fuel consumption, theBUYER may reject the main engine or reject the VESSEL or cancel the Contract or may acceptthe VESSEL at a reduction in the Contract Price but the maximum reduction shall not be morethan United States Dollars (USD ).5. DELIVERY(1) There shall be no adjustment of the Contract Price for the first thirty (30) days of delay indelivery of the VESSEL beyond the Delivery Date as defined in Article XIV hereof ending as oftwelve o’clock midnight of the thirtieth (30th) day of delay.(2) If the delivery of the VESSEL is delayed more than thirty (30) days after the Delivery Date asdefined in Article XIV hereof, then, in such event, beginning at twelve o’clock midnight of thethirtieth (30th ) day after the date on which delivery is required under the Contract, the ContractPrice of the VESSEL shall be reduced by deducting the sum of United States Dollars(USD ) per day.Unless the parties hereto agree otherwise, the total reduction in the Contract Price shall bededucted from the fifth installment of the Contract Price and in any event (including the eventthat the BUYER consents to take the VESSEL at the later delivery date after the expiration of. days delay of delivery shall not be more than days at the abovespecified rate of reduction, that is United States Dollars (USD ) being themaximum.(3) If the delay in the delivery exceeds ( ) days (being the total of permissibleand non-permissible Delays) after the Delivery Date as defined in Article XIV, in such event, theBUYER may, at its option, terminate or cancel the Contract in accordance with the provisions ofArticle XIII. The BUILDER may at any time after the expiration of the aforementioned( ) days, if the BUYER has not served notice of cancellation pursuant to Article X, notifythe BUYER of the date upon which the SELLER estimates the VESSEL will be ready forshall, within thirty (30) days after such demand is received by the BUYER, either notify theSELLER of its decision to cancel the Contract, or consent to take delivery of the VESSEL at anagreed future date, it being understood and agreed by the parties hereto that, if the VESSEL is notdelivered by such future date, the BUYER shall have the same right of cancellation upon thesame terms, as herein provided.(4) The delivery of the VESSEL shall not be deemed delayed and the Contract Price shall not bereduced for any period when the Delivery Date of the VESSEL is extended by reason of causesand provisions of Articles XI, XIII. The Contract Price shall not be adjusted or reduced if thedelivery of the VESSEL is delayed by reason of permissible delays as defined in Article XVhereof.(5) If the delivery of the VESSEL shall be made earlier than the Delivery Date as stipulated inArticle XIV, the BUILDER shall notify the BUYER and that such notification shall be given notless than ( ) days prior to the newly planned delivery date. A certain amount of bonusshall be given by the BUYER to the BUILDER as follows:In the event that the delivery shall be made within fifteen (15) days earlier than the Delivery Date,the Contract Price shall remain unchanged. In the event that the delivery shall be made more thanfifteen (15) days earlier than the specified Delivery Date, then a bonus shall be added to theContract Price at a rate of United States Dollars Only (USD ) per day for eachfull day earlier than the fifteenth (15th) day prior to the Delivery Date. The total increase of theContract Price for the earlier delivery shall be added to the fifth instalment of the Contract Price.While the maximum amount increased shall not be more than United States Dollars Only(USD )If the actual delivery time is after the Delivery Date as specified in Article XIV and before thepermissible extended delivery date, the BUILDER shall not be entitled to be given bonus asspecified in above paragraph 5 (5).(6) In the event that the BUILDER is unable to deliver the VESSEL on the newly planneddelivery date as declared, the VESSEL can, nevertheless, be delivered by the BUILDER at a dateafter such declared newly planned date.In such circumstances, and for the purpose of determining the liquidated damages to the BUYER(according to the provisions of Paragraph 1 (1) of this Article) and the BUYER’s right to cancelthe Contract (according to the provisions of Paragraph 1 (3) of this Article), the newly planneddelivery date declared by the BUILDER shall not be in any way be treated or be taken as havingsubstituted the original Delivery Date as defined in Article XIV. The BUYER’s aforesaid right forliquidated damages and to cancel the Contract shall be exercised to the extent as described inParagraph 4 (1), 4 (2) and/or 4 (3) of Article XIII.In whatever circumstances, the Delivery Date as defined in Article VII (not the newly planneddelivery date as declared by the BUILDER) shall be used to exercise the BUYER’s right forliquidated damages and to rescind the Contract and the BUILDER’s liability to pay the aforesaidliquidated damages resulting from the delay in delivery of the VESSEL as specified in paragraph5 (1), 5 (2), and 5 (3).as specified in Article XIV, the BUILDER shall be entitled to be given bonus as specified inabove paragraph 5 (5).6. MAJOR MATERIALS AND EQUIPMENTThe major materials and equipment referred in this paragraph refer to steels and main propulsionequipment.The Contract Price of this VESSEL is determined by the market price (basic price) of steels andmain propulsion equipment when signing the Contract.If the price difference between the actual purchase price contracted between the BUILDER andthe suppliers is % higher than the basic price, the price difference shall be shared by bothparties with the BUILDER undertaking % and the BUYER undertaking %.7.EXCHANGE RATEAs the construction will last for a long time and the fluctuation of the exchange rate betweenUSD and RMB may cause relevant financial changes of the parties, it is agreed that the exchangerate published by Bank of China on the date when the Contract signed will be deemed as areference, any price difference due to the fluctuation when paying each installment should beshared by 50% by each party. The maximum of the exchange rate fluctuation shall not exceed 2%of the Contract Price, the part more than 2% should be borne by the BUYER.8. OTHERS (OPTIONAL CLAUSE)The purpose of setting aside this clause is to allow the parties to insert special technicalrequirements for a particular type of vessel and adjustment of the Contract Price arising from thechanges (failure to meet or exceeding) in the values of the said special technical requirements.Any adjustment of the Contract Price made as per Paragraph 1. 2. 3. 4. 5 and 6 of this article shallbe specified in writing before the payment of the 5th installment.9. EFFECTIVENESS OF CONTRACT RESCISSIONIt is expressly understood and agreed by the parties hereto that in any case as stated above, if theBUYER rescinds or cancel the Contract pursuant to any provision under this Article, the BUYERshall be entitled to have its rights and compensation as set out in Article XXVII hereof shall notbe entitled to any liquidated damage or compensation whether described above or otherwise.ARTICLE VII TAXES AND DUTIES1. TAXESAll taxes, if any, including stamp duties, incurred in connection with this Contract in the People’sRepublic of China shall be borne by the BUILDER. The BUILDER shall bear all taxes and/orduties imposed upon the equipment and facilities procured by the BUILDER in the People’sRepublic of China for the construction of the VESSEL.2. DUTIESThe BUILDER shall indemnify the BUYER for, and hold it harmless against, any duties imposed。
国际造船合同范本
国际造船合同范本甲方(买方):______________地址:______________代表人:______________职务:______________乙方(卖方):______________地址:______________代表人:______________职务:______________鉴于甲方有意向购买船舶,乙方具有建造船舶的能力和资质,双方本着平等互利的原则,经协商一致,达成如下造船合同条款:第一条合同标的1.1 船名:______________;1.2 船型:______________;1.3 规格:______________;1.4 建造标准:按照国际海事组织(IMO)及其它相关国际公约和规范;1.5 建造地点:乙方船厂。
第二条合同价格2.1 合同总价为(大写)______________(¥______________);2.2 价格条款:FOB/CIF/其他(根据实际情况选择);2.3 付款方式:______________。
第三条付款条件3.1 预付款:合同签订后______________天内,甲方支付合同总价的______________%作为预付款;3.2 分期付款:根据船舶建造进度,甲方分______________次支付,每次支付合同总价的______________%;3.3 最终付款:船舶交付前,甲方支付剩余的合同价款。
第四条建造与交付4.1 乙方应按照合同规定的规格和标准建造船舶;4.2 预计交付日期为______________;4.3 交付地点:乙方船厂或双方协商的其他地点;4.4 交付条件:船舶建造完成并通过所有必要的检验。
第五条质量保证与验收5.1 乙方保证船舶建造质量符合合同规定的标准;5.2 甲方有权在建造过程中进行监督和检查;5.3 船舶交付前,甲方应进行验收,验收合格后签署验收证书。
第六条违约责任6.1 如乙方未能按时交付船舶,应向甲方支付违约金,违约金为每延迟一天支付合同总价的______________%;6.2 如甲方未能按时支付合同价款,应向乙方支付违约金,违约金为每延迟一天支付未付款项的______________%。
造船合同质量保证——中英文
造船合同质量保证——中英文第一篇:造船合同质量保证——中英文ARTICLE IXWARRANTY OF QUALITY(船舶建造合同)质量保证1.GUARANTEE OF MATERIAL AND WORKMANSHIP材料和工艺的保证The SELLER, for a period of twelve(12)months from the Delivery Date, guarantees the VESSEL, her hull and machinery and all parts and equipment thereof that are manufactured or furnished or supplied by the SELLER and /or its subcontractors under this Contract including material and equipment(excluding any parts for the VESSEL which have been supplied by or on behalf of the BUYER)against all defects which are due to defective materials and /or poor workmanship and/or faulty design and/or constructional miscalculation.在卖方将本船交付给买方后12个月内,卖方保证对本船,其船体、机械设备及其所有部件和所有由卖方和/或本合同中的其分包商制作完成或提供的包括材料、设备(但由买方或以买方名义提供的任何部件除外)发生因材料缺陷、制作工艺错误和/或设计错误和/或构建错误引起的缺陷承担责任。
Any additional guarantee period in excess of twelve(12)months offered by any manufacturer and/or SELLER’s subcontractors shall be automatically passed on to the BUYER, for which the SELLER shall arrange an agreement pass such additional guarantee to BUYER任何制造商和/或卖方的分包商提供的超过12个月的任何额外保证期应自动转让给买方,而卖方应为其安排协议来转让给买方的这种额外保证。
造船合同书范本
造船合同书范本英文回答:Shipbuilding Contract Template。
Purpose。
The purpose of this template is to provide a comprehensive framework for drafting and negotiating shipbuilding contracts. It is intended to be used as a starting point for drafting contracts specific to the individual needs of the parties involved.Essential Elements。
The essential elements of a shipbuilding contract typically include:Parties The names and addresses of the parties involved in the contract.Vessel Description A detailed description of the vessel to be built, including its dimensions, tonnage, propulsion system, and other relevant specifications.Delivery Date The date on which the vessel is scheduled to be delivered to the buyer.Purchase Price The total price to be paid for the vessel.Payment Schedule The terms and conditions for the payment of the purchase price.Warranties and Guarantees The warranties and guarantees provided by the shipyard for the vessel.Insurance The insurance coverage required for the vessel.Dispute Resolution The procedures for resolving any disputes that may arise under the contract.Additional Considerations。
船运英文合同范本
船运英文合同范本SHIPMENT CONTRACTThis Shipment Contract (the "Contract") is made and entered into as of [date] and between [shipper's name] (the "Shipper") and [carrier's name] (the "Carrier").1. Scope of ServicesThe Carrier agrees to transport the goods described in Appendix A attached hereto (the "Goods") from the port of loading [loading port name] to the port of discharge [discharge port name] in accordance with the terms and conditions of this Contract.2. Shipping ScheduleThe Carrier shall arrange for the shipment of the Goods in a timely manner and in accordance with the mutually agreed shipping schedule.3. Freight and PaymentThe Shipper shall pay the Carrier the freight charges as stipulated in Appendix B attached hereto. Payment shall be made within [number of days] days after the receipt of the invoice.4. InsuranceThe Shipper is responsible for obtning appropriate insurance coverage for the Goods during the shipment.5. Liability and IndemnificationThe Carrier shall be liable for any loss or damage to the Goods caused its negligence or flure to perform its obligations under this Contract. The Shipper shall indemnify the Carrier agnst any clms, losses, or damages arising from the Shipper's flure to provide accurate information or fulfill its obligations.6. Force MajeureNeither party shall be liable for any flure or delay in performance due to force majeure events beyond its reasonable control.7. TerminationEither party may terminate this Contract upon written notice in the event of a material breach the other party.8. Dispute ResolutionAny disputes arising under this Contract shall be resolved through negotiation. If negotiation fls, the dispute shall be submitted to arbitration in accordance with the rules of [arbitration institution name].9. Governing LawThis Contract shall be governed and construed in accordance with the laws of [applicable law jurisdiction].In witness whereof, the parties have executed this Contract as of the date first written above.Shipper: [Shipper's signature and detls]Carrier: [Carrier's signature and detls]Please note that this is just a basic example and actual contracts may vary depending on specific circumstances and requirements. It is advisable to consult with legal professionals for accurate and prehensive contracts.。
英文船舶合同范本
英文船舶合同范本SHIP SALE AND PURCHASE CONTRACTThis Ship Sale and Purchase Contract (the "Contract") is made and entered into on [date] and between:The Seller:Name: [Seller's Name]Address: [Seller's Address]Telephone: [Seller's Telephone Number]Fax: [Seller's Fax Number]E: [Seller's E Address]AndThe Buyer:Name: [Buyer's Name]Address: [Buyer's Address]Telephone: [Buyer's Telephone Number]Fax: [Buyer's Fax Number]E: [Buyer's E Address]1. Description of the ShipThe ship to be sold and purchased under this Contract is [ship's name], of [ship's type], built in [year of build] at [shipyard], with the following mn particulars:Length overall: [length]Breadth: [breadth]Depth: [depth]Gross tonnage: [gross tonnage]Net tonnage: [net tonnage]Mn engine: [engine detls]2. Purchase Price and Payment2.1 The purchase price of the ship is [amount in USD or other currency] (the "Purchase Price").2.2 The Buyer shall pay the Purchase Price as follows:An initial deposit of [percentage] of the Purchase Price, being [amount], within [number of days] days of the signing of this Contract.The balance of the Purchase Price shall be pd on the date of delivery of the ship.3. Delivery and Inspection3.1 The Seller shall deliver the ship to the Buyer at [delivery location] on or before [delivery date].3.2 The Buyer shall have the right to inspect the ship prior to delivery. Any deficiencies or damages identified during the inspection shall be rectified the Seller at the Seller's expense.4. Title and Risk4.1 Title to the ship shall pass from the Seller to the Buyer upon payment of the full Purchase Price.4.2 Risk of loss or damage to the ship shall pass to the Buyer upon delivery.5. Warranties and Representations5.1 The Seller warrants that the ship is free from any liens, encumbrances, or clms.5.2 The Seller represents that the ship is in good condition and seaworthy at the time of delivery.6. Breach and Remedies6.1 In the event of a breach of this Contract either party, the non-breaching party shall have the right to seek damages or specific performance as provided law.6.2 Any disputes arising out of or in connection with this Contract shall be resolved through arbitration in accordance with the rules of [arbitration institution].7. Miscellaneous7.1 This Contract shall be governed and construed in accordance with the laws of [jurisdiction].7.2 This Contract constitutes the entire agreement between the parties and supersedes all prior negotiations and understandings.IN WITNESS WHEREOF, the parties have executed this Contract as of the date first above written.The Seller: [Seller's Signature]The Buyer: [Buyer's Signature]。
船舶建造合同质量承诺书 (中英文)
WARRANTY OF QUALITY FOR WORKMANSHIP OF VESSEL1. GUARANTEE OF MATERIAL AND WORKMANSHIP 材料和工艺的保证The SELLER, for a period of twelve (12) months from the Delivery Date, guarantees the VESSEL, her hull and machinery and all parts and equipment thereof that are manufactured or furnished or supplied by the SELLER and /or its subcontractors under this Contract including material and equipment (excluding any parts for the VESSEL which have been supplied by or on behalf of the BUYER) against all defects which are due to defective materials and /or poor workmanship and/or faulty design and/or constructional miscalculation.在卖方将本船交付给买方后12个月内,卖方保证对本船,其船体、机械设备及其所有部件和所有由卖方和/或本合同中的其分包商制作完成或提供的包括材料、设备(但由买方或以买方名义提供的任何部件除外)发生因材料缺陷、制作工艺错误和/或设计错误和/或构建错误引起的缺陷承担责任。
Any additional guarantee period in excess of twelve (12) months offered by any manufacturer and/or SELLER’s subcontractors shall be automatically passed on to the BUYER, for which the SELLER shall arrange an agreement pass such additional guarantee to BUYER任何制造商和/或卖方的分包商提供的超过12个月的任何额外保证期应自动转让给买方,而卖方应为其安排协议来转让给买方的这种额外保证。
船舶公司英文合同模板
船舶公司英文合同模板Ship Company ContractThis Ship Company Contract (the "Contract") is made and entered into as of [Date], by and between [Ship Company Name], referred to as the "Company," and [Client Name], referred to as the "Client."1. ServicesThe Company agrees to provide ship transportation services to the Client, including shipping, loading, unloading, and transporting goods and/or passengers, as specified in the attached Schedule A. The Company shall perform these services with utmost care, professionalism, and in compliance with all applicable laws, rules, and regulations.2. VesselThe Company shall provide a suitable and seaworthy vessel (the "Vessel") for the transportation services. The Vessel shall be managed and operated by the Company's qualified and experienced crew, ensuring the safety and security of the Vessel, its cargo, and passengers.3. Obligations of the Companya) The Company shall ensure that the Vessel is properly maintained, inspected, and equipped with necessary safety equipment, in accordance with international maritime standards.b) The Company shall comply with all requirements imposed by port authorities, customs, immigration, and other relevant authorities.c) The Company shall provide necessary documents, licenses, permits, and certificates related to the Vessel, its crew, and the transportation services.d) The Company shall arrange for any necessary insurance coverage for the Vessel, its cargo, and passengers, reasonably protecting against risks and liabilities.4. Obligations of the Clienta) The Client shall provide accurate and complete information regarding the cargo/passengers, including weight, dimensions, quantity, and any special requirements.b) The Client shall ensure that the cargo/passengers are properly packed, labeled, and ready for transportation in compliance with the applicable regulations and industry standards.c) The Client shall be responsible for any customs duties, taxes, fees, and any other charges related to the transportedcargo/passengers, unless otherwise agreed upon in writing.5. Paymenta) The Client shall pay the Company for the transportation services according to the rates specified in the attached Schedule B. Payment shall be made within [number of days] days from the receipt of the Company's invoice, unless otherwise agreed upon in writing.b) In case of events beyond the control of the Company, such as strikes, natural disasters, or political unrest, resulting in delays or cancellations, the Client shall be responsible for any additional costs incurred by the Company due to such events.6. Liability and Indemnificationa) The Company shall not be liable for any loss, damage, or delay in the transportation of cargo/passengers due to events beyond its control, including but not limited to acts of God, war, terrorism, strikes, or mechanical failures, unless caused by the Company's negligence or willful misconduct.b) The Client agrees to indemnify and hold harmless the Company from any claims, damages, liabilities, or expenses arising out of or related to the transportation services, unless caused by the Company's negligence or willful misconduct.7. TerminationEither party may terminate this Contract by giving [number of days] days written notice to the other party. In case of termination, the Client shall pay for the transportation services already provided by the Company, as well as any expenses incurred due to the termination.8. ConfidentialityBoth parties agree to keep any confidential information disclosed by the other party during the course of this Contract confidential and not to disclose or use it for any purpose other than the performance of this Contract, unless required by law.9. Governing Law and JurisdictionThis Contract shall be governed by and construed in accordance with the laws of [Jurisdiction]. Any disputes arising out of or in connection with this Contract shall be subject to the exclusive jurisdiction of the courts in [Jurisdiction].10. Entire AgreementThis Contract constitutes the entire agreement between the parties and supersedes any prior oral or written agreements, understandings, or representations.In witness whereof, the parties hereto have executed this Ship Company Contract as of the date first above written.[Ship Company Name]By: [Authorized Representative]Title: [Title][Client Name]By: [Authorized Representative]Title: [Title]。
造船合同范本中英
造船合同范本中英《造船合同》合同编号(Contract No.):________________甲方(船东):________________法定地址(Legal Address):________________法定代表人(Legal Representative):________________联系电话(Telephone Number):________________乙方(造船厂):________________法定地址(Legal Address):________________法定代表人(Legal Representative):________________联系电话(Telephone Number):________________鉴于甲方拟建造一艘船舶,并委托乙方承担该船舶的建造工作,双方经友好协商,达成如下协议:一、船舶概述1. 船舶名称(Vessel Name):________________2. 船舶类型(Vessel Type):________________3. 船舶规格(Vessel Specifications):包括总长、型宽、型深、吃水等详细参数4. 船舶用途(Vessel Purpose):________________二、合同价格及付款方式1. 合同总价(Total Contract Price):人民币/美元(大写)________________元整(小写:¥/$________________元)2. 付款方式(Payment Method):预付款(Advance Payment):合同签订后______个工作日内,甲方支付合同总价的______%作为预付款;进度款(Progress Payments):根据船舶建造进度,甲方分阶段支付合同总价的______%;交船款(Delivery Payment):船舶交付验收合格后______个工作日内,甲方支付合同总价的______%。
船舶建造合同 (版本之二,1--5章 中英文)
船舶建造合同(版本之二,1--5章中英文)SHIPBUILDING CONTRACT本合同由依照法律组建和存在,并以为注册营业地的为一方(以下简称"买方"),和依照中华人民共和国法律组建并存在,以中国为注册营业地的船厂为另一方(以下简称卖方)于年月日订立。
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 Shipyard, a corporation organized and existing under the Laws of People’s Republic of China, having its registered office at , the People’s Republic of China (hereinafter called the "Seller")兹证明WITNESSES鉴于本合同所含的双方的约定,卖方同意设计建造、下水、装配、完成一艘船,并在完工和试航成功后出售给买方,具体细节,将在第一条中说明。
本船将悬挂旗,买方同意向卖方购买和接收前述船舶,并根据以下条款中所述金额付款。
In consideration of the mutual covenants contained herein, the Seller agrees to build, launch, equip and complete at the Seller’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.第一条说明和船级ARTICLE I DESCRIPTION AND CLASS1说明1. DESCRIPTION:本船入级下述船级社,在设计吃水米时,载重量为公吨的船舶(以下简称本船),本船的卖方船号为,其建造、安装和完成应按下列技术规格书进行:The Vessel is a metric tons deadweight, at designed draft of meters (hereinafter called the "Vessel") of the class described below. The Vessel shall have the Seller’s Hull No. and shall be constructed, equipped and completed in accordance with the following "Specifications":(1)技术规格书(图号:)Specification (Drawing No. )(2)总布置图(图号:)General Arrangement (Drawing No. )(3)舯剖面图(图号:)Midship Section (Drawing No. )(4)厂商表(图号:)Makers list (Drawing No. )上述随附技术文件由本合同双方签字(以下合称为"说明书"),并作为合同整体的一部分。
合同范本15-标准新造船合同(上海格式中英文上部分.
STANDARD NEW-BUILDING CONTRACT ( SHANGHAI FORM ) CHINA MARITIME ARBITRATIONCOMMISSION (CMAC)第一节 船舶 SECTION 1 VESSEL第一条概述 Article I Description第二条 船级、规范和规定 Article II Classification, Rules and Regulations 第三条 设计一设计合同的责任 Article III Design-Liability in the Design Contract 环境保护 Article IVEnvironmental Protection 第二节 财务 SECTION 2 FINANCIAL第五条 合同价格和支付条件 Article V Contract Price &Terms of Payment第六条 合同价格的调整 Article VI Adjustment of the Contract Price第七条 税务和关税 Article VII Taxes and Duties第三节 生产 SECTION 3 PRODUCTION第八条 图纸的审批和认可 Article VIII Approval and Acceptance of plans and Drawings第九条 监造和检验 Article IX Supervision and Inspection第十条 分包 Article X Subcontracting第■—条买方供应品 Article XI Buyer.s Supplies第十二条修改、变更和加减账 Article XII Modfications,Changes and ExtrasArticle XIII Sea Trials ? 第四节 交船 SECTION 4 DELIVERY第十四条交船和交船文件 Article XIV Delivery and Delivery Documents 第十五条交船时间的推迟和延长 ( 不可抗力 )Article XV Delays & Extension of Time for Delivery(Force Majeure)第十六条产权和风险 Article XVI Title and Risk ?第十七条船舶的拥有和驶离 Article XVII Possession and Removal of Vessel 第十八条船舶登记 Article XVIII Vessel Registration ?第十九条质量保证 Article XIX Builder,s Gurantee of Quality 第二十条保修期和保证工程师 Article XX Guarantee Period and GuaranteeEngineer第四条第十三条试航第五节法律SECTION 5 LEGAL 第二—条适用法律Article XXI Law Applicable 第二十二条买方违约Article XXII Buyer,s Default ?第二十三条建造方违约Article XXIII Builder,s Default 第二十四条合同转让Article XXIV Assignment of the Contract 第二十五条船舶留置和抵押Article XXV Lien and Mortgage of the Vessel 第二十六条争议解决和仲裁Article XXVI Dispute Resolution and Arbitration 第二十七条合同中止和终止Article XXVII Suspension and Termination 第二十八条保险Article XXVIII Insurance- 第二十九条专利、商标和版权Article XXIX Patents,Trademarks and CopyrightsII第六节杂项SECTION 6 SUNDRY 第三十条通知和语言Article XXX Notice and Language 第三十一条选择权Article XXXI Option 第三十二条合同生效条件和日期Article XXXII Effective Conditions and Date of Contract 第三十三条完整的合同文件Article XXXIII Entire AgreementANNEXES 附件 A 建造方不可撤消的还款保函ANNEX A Builders Irrevocable Letter of Refund Guarantee附件 B 买方第二、第三、第四期不可撤消的付款保函ANNEX B Buyers Irrevocable Letter of Guarantee on the Second, Third and Fourth Installments 附件 C 技术说明书ANNEX C Specification 附件 D 总布置图和肿剖面图ANNEX D General Arrangement and Midship Drawing 附件 E 厂商表ANNEX E Maker,s List -附件F合同要素综合表(CMA标准新造船合同简易版)ANNEX F Comprehensive Table for the Contracts Element-船号: HULL NO:)。
船舶建造合同(版本之二,中英文)#
船舶建造合同(版本之二,1--5章中英文)SHIPBUILDING CONTRACT本合同由依照法律组建和存在,并以为注册营业地的为一方(以下简称"买方"),和依照中华人民共和国法律组建并存在,以中国为注册营业地的船厂为另一方(以下简称卖方)于年月日订立。
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 Shipyard, a corporation organized and existing under the Laws of People’s Republic of China, having its registered office at , the People’s Republic of China (hereinafter called the "Seller")兹证明WITNESSES鉴于本合同所含的双方的约定,卖方同意设计建造、下水、装配、完成一艘船,并在完工和试航成功后出售给买方,具体细节,将在第一条中说明。
本船将悬挂旗,买方同意向卖方购买和接收前述船舶,并根据以下条款中所述金额付款。
In consideration of the mutual covenants contained herein, the Seller agrees to build, launch, equip and complete at the Seller’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.第一条说明和船级ARTICLE I DESCRIPTION AND CLASS1说明1. DESCRIPTION:本船入级下述船级社,在设计吃水米时,载重量为公吨的船舶(以下简称本船),本船的卖方船号为,其建造、安装和完成应按下列技术规格书进行:The Vessel is a metric tons deadweight, at designed draft of meters (hereinafter called the "Vessel") of the class described below. The Vessel shall have the Seller’s Hull No. and shall be constructed, equipped and completed in accordance with the following "Specifications":(1)技术规格书(图号:)Specification (Drawing No. )(2)总布置图(图号:)General Arrangement (Drawing No. )(3)舯剖面图(图号:)Midship Section (Drawing No. )(4)厂商表(图号:)Makers list (Drawing No. )上述随附技术文件由本合同双方签字(以下合称为"说明书"),并作为合同整体的一部分。
新造船标准合同
BIMCO标准新造船合同(中国版)壹2014-03-10Seaway Maritime波罗的海国际航运理事会标准新造船合同第一部分1.签约地点和日期(第3条,第44条(b)款,第47条)1.建造方名称、全称地址、联系方式(定义)名称:地址:国家:电话/传真:1.买方名称、全称地址、联系方式(定义)名称:地址:国家:电话/传真:本合同由第I部分包括表框34中说明的附加条款和第II部分及其附件所组成。
当第I部分和第II部分的条款不一致时,应以第I部分的条款为准。
经买方批准同意的规格书、厂商表、计划书和/或图纸应视为本合同的一部分,但当规格书、厂商表、计划书和/或图纸与本合同不一致时,应以本合同中的条款为准。
当规格书和厂商表的内容,与计划书和/或图纸的内容不一致时,应以规格书或者厂商表为准。
当计划书和/或图纸之间不一致时,应以后发日期的为准。
标准新造船合同第二部分定义本合同中:“银行工作日”即表框2和3所列地的银行的营业日,如汇款币种为美元时,即指纽约的营业日。
“建造方”即指表框2所列的公司,该公司根据表框2所列国家的法律组建并存续,其主营业地包括其人员在表框2所列地址。
如表框2所列公司超过一家,则它们应连带承担责任。
“买方”即指表框3所列的公司,该公司根据表框3所列国家的法律组建并存续,其主营业地包括其员工在表框3所列地址。
“买方代表”即指由买方指定并在本船建造期间驻厂的代表。
“买方供应品”即指买方根据技术规格书要求以自担风险自费提供的所有物品。
“船级社”即指表框8所列的船级社。
“合同价格”即指表框9所列的金额,可根据本合同条款予以调整。
“合同”即指本波罗的海航运理事会(BIMCO)的标准新造船合同,由包括附加条款(如同意)的第一部分、第二部分及包括技术规格书和厂商表的附件,以及所附的图表及图纸。
“合同交船日期”即指表框10所列的合同交船日期。
“缺陷”即指在设计、建造、材料和/或工艺方面所显示的由建造方或其分包方所承担的任何缺陷或不足。
造船合同英语
造船合同英语The art of shipbuilding is a testament to human ingenuity, combining centuries-old craftsmanship with modern engineering marvels.A shipbuilding contract is a meticulous agreement that outlines the specifications, timelines, and responsibilitiesof both the builder and the client, ensuring a vessel is crafted to the highest standards.Each contract is unique, tailored to the specific needsof the project, from the hull's design to the propulsion system, reflecting the client's vision and the builder's expertise.The negotiation process is crucial, as it sets the foundation for a successful partnership, addressing potential challenges and ensuring clear communication throughout the construction phase.Quality control is a vital aspect of the contract, with regular inspections and tests to guarantee the vessel's seaworthiness and adherence to maritime regulations.The contract also includes provisions for the deliveryand acceptance of the ship, marking the culmination of a collaborative effort between the builder and the client.Financial terms are clearly defined, detailing the payment schedule, milestones, and any penalties for delays or non-compliance with the agreed-upon specifications.Lastly, the contract must address the resolution of disputes, providing a framework for addressing any issuesthat may arise during the shipbuilding process, ensuring a fair and equitable outcome for all parties involved.。
英文船务合同范本
英文船务合同范本SHIPMENT CONTRACTThis Shipment Contract (the "Contract") is made and entered into as of [date] and between [Shipper's Name], a pany incorporated under the laws of [Shipper's Country] with its registered office at [Shipper's Address] (the "Shipper"), and [Carrier's Name], a pany incorporated under the laws of [Carrier's Country] with its registered office at [Carrier's Address] (the "Carrier").1. SERVICESThe Carrier agrees to provide transportation services for the goods of the Shipper from [Loading Port] to [Discharge Port] in accordance with the terms and conditions of this Contract.2. GOODSThe Shipper shall deliver to the Carrier the goods described in the shipping documents (the "Goods") in a proper and seaworthy condition. The Shipper warrants that the Goods are properly packaged, labeled, and marked for transportation.3. SHIPPING DATE AND VOYAGEThe Shipper shall notify the Carrier of the readiness of the Goods for shipment at least [number of days] days prior to the expected loading date. The Carrier shall schedule the vessel for loading and mence the voyage as soon as practicable after the Goods are ready for shipment.4. FREights and ChargesThe Shipper shall pay to the Carrier the freight and other charges as agreed in the rate schedule attached hereto as Appendix A. The freight and charges shall be pd within [number of days] days after the presentation of the invoice.5. LIABILITY AND INDEMNITY(a) The Carrier shall be liable for the loss of or damage to the Goods during the period of carriage, subject to the provisions of the applicable international conventions and laws.(b) The Shipper shall indemnify the Carrier agnst all clms, damages, losses, and expenses arising from or in connection with the Goods, including but not limited to clms for cargo damage, shortage, or delay, and any fines or penalties imposed the authorities.6. INSURANCEThe Shipper is responsible for obtning insurance coverage for the Goods. The Carrier shall not be liable for any loss or damage to the Goods that is covered the Shipper's insurance.7. NOTICESAll notices and munications required or permitted under this Contract shall be in writing and shall be deemed to have been duly given if delivered hand, sent registered , or transmitted facsimile or e to the addresses specified in this Contract.8. GOVERNING LAW AND DISPUTE RESOLUTION(a) This Contract shall be governed and construed in accordance with the laws of [Applicable Law Jurisdiction].(b) Any dispute arising out of or in connection with this Contract shall be resolved arbitration in accordance with the rules of the [Arbitration Institution]. The arbitration shall take place in [Arbitration Venue].9. MISCELLANEOUSThis Contract constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral. This Contract may not be modified or amended except a written instrument signed both parties.IN WITNESS WHEREOF, the parties have executed this Contract as of the date first above written.Shipper: [Shipper's Name]Signature: [Shipper's Signature]Date: [Date]Carrier: [Carrier's Name]Signature: [Carrier's Signature]Date: [Date]Please note that this is a basic template and may need to be customized to meet the specific requirements of your shipment. It is remended that you consult with a legal professional to ensure that the contract is valid and enforceable in your jurisdiction.。
船舶公司英文合同范本
船舶公司英文合同范本SHIP CHARTER CONTRACTThis Ship Charter Contract (the "Contract") is made and entered into on [Date] and between [Charterer's Name], a pany incorporated and existing under the laws of [Charterer's Country] with its registered office at [Charterer's Address] (hereinafter referred to as the "Charterer"), and [Owner's Name], a pany incorporated and existing under the laws of [Owner's Country] with its registered office at [Owner's Address] (hereinafter referred to as the "Owner").1. Vessel DescriptionThe Owner agrees to charter to the Charterer the vessel named [Vessel Name], of [Vessel Type], with a gross tonnage of approximately [Gross Tonnage], built in [Year of Build], and registered under the flag of [Flag State] at [Port of Registry] (the "Vessel").2. Charter PeriodThe charter period shall mence on [Commencement Date] and shall end on [Expiry Date], unless earlier terminated in accordance with the provisions of this Contract.3. Charter HireThe Charterer shall pay to the Owner a charter hire of [Charter Hire Amount] per [Charter Hire Period] in advance on or before [Payment Due Date] of each period.4. Delivery and RedeliveryThe Owner shall deliver the Vessel to the Charterer at [Delivery Port] on or before [Delivery Date], in a clean and seaworthy condition. The Charterer shall redeliver the Vessel to the Owner at [Redelivery Port] on or before [Redelivery Date], in the same condition as received, ordinary wear and tear excepted.5. Mntenance and ReprsDuring the charter period, the Charterer shall be responsible for the ordinary mntenance and running reprs of the Vessel. The Owner shall be responsible for major reprs and drydocking as required class and applicable regulations.6. InsuranceThe Owner shall mntn hull and machinery insurance on the Vessel for the full insured value. The Charterer shall be responsible for insuring the cargo and obtning liability insurance as required law.7. Cancellation and TerminationThis Contract may be cancelled or terminated either party in the event of a breach of any of its terms and conditions the other party, subject to prior written notice and an opportunity to cure the breach.8. Force MajeureNeither party shall be liable for any flure or delay in performing its obligations under this Contract to the extent such flure or delay is caused force majeure events beyond its reasonable control.9. Governing Law and JurisdictionThis Contract shall be governed and construed in accordance with the laws of [Applicable Law]. Any disputes arising out of or in connection with this Contract shall be submitted to the exclusive jurisdiction of the courts of [Jurisdiction].IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date first above written.[Charterer's Signature and Name][Owner's Signature and Name]Please note that this is a basic template and should be reviewed and tlored legal professionals to meet the specific circumstances and requirements of each transaction.。
新造船英文合同
(HULL NO. ) (船号:){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 ____________, a corporation organized and existing under the Laws of ____________, having its registered office at ____________ (hereinafter called the "Seller") 本合同由__________________(依照________国律组建和存续的一家公司,作为一方以下简称为“买方”)和__________________(________国律组建和存续的一家公司,作为一方以下简称为“卖方”)于____________日订立。
WITNESSES鉴于In consideration of the mutual covenants contained herein, the Seller agrees to build, launch, equip and complete at the Seller'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.考虑到本合同所含的双方承诺,卖方同意在卖方的船坞建造、下水、装配和完成一(1)艘____________船,并在完工和试航成功后将本船出售和交付给买方,本船的具体细节将在本合同第一条中说明。
船舶建造合同范本 中英文对照版
编号:_____________ 船舶建造合同卖方:___________________________买方:___________________________签订日期:_______年______月______日本合同由依照法律组建和存在,并以为注册营业地的为一方(以下简称"买方"),和依照中华人民共和国法律组建并存在,以中国为注册营业地的船厂为另一方(以下简称卖方)于年月日订立。
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 Shipyard, a corporation organized and existing under the Laws of People’s Republic of China, having its registered office at , the People’s Republic of China (hereinafter called the "Seller")兹证明WITNESSES鉴于本合同所含的双方的约定,卖方同意设计建造、下水、装配、完成一艘船,并在完工和试航成功后出售给买方,具体细节,将在第一条中说明。
本船将悬挂旗,买方同意向卖方购买和接收前述船舶,并根据以下条款中所述金额付款。
In consideration of the mutual covenants contained herein, the Seller agrees to build, launch, equip and complete at the Seller’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.第一条说明和船级ARTICLE I DESCRIPTION AND CLASS1 说明1. DESCRIPTION:本船入级下述船级社,在设计吃水米时,载重量为公吨的船舶(以下简称本船),本船的卖方船号为,其建造、安装和完成应按下列技术规格书进行:The Vessel is a metric tons deadweight, at designed draft of meters (hereinafter called the "Vessel") of the class described below. The Vessel shall have the Seller’s Hull No. and shall be constructed, equipped and completed in accordance with the following "Specifications":(1)技术规格书(图号:)Specification (Drawing No. )(2)总布置图(图号:)General Arrangement (Drawing No. )(3)舯剖面图(图号:)Midship Section (Drawing No. )(4)厂商表(图号:)Makers list (Drawing No. )上述随附技术文件由本合同双方签字(以下合称为"说明书"),并作为合同整体的一部分。
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(HULL NO. ) (船号:){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 ____________, a corporation organized and existing under the Laws of ____________, having its registered office at ____________ (hereinafter called the "Seller") 本合同由__________________(依照________国律组建和存续的一家公司,作为一方以下简称为“买方”)和__________________(________国律组建和存续的一家公司,作为一方以下简称为“卖方”)于____________日订立。
WITNESSES鉴于In consideration of the mutual covenants contained herein, the Seller agrees to build, launch, equip and complete at the Seller'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.考虑到本合同所含的双方承诺,卖方同意在卖方的船坞建造、下水、装配和完成一(1)艘____________船,并在完工和试航成功后将本船出售和交付给买方,本船的具体细节将在本合同第一条中说明。
本船将悬挂____________旗,买方同意向卖方购买和接收前述船舶,并按照以下条款和条件支付本船造船款。
ARTICLE I DESCRIPTION AND CLASS第一条说明和船级1. DESCRIPTION:1 说明The Vessel is a metric tons deadweight, at designed draft of meters (hereinafter called the "Vessel") of the class described below. The Vessel shall have the Seller's Hull No. and shall be constructed, equipped and completed in accordance with the following "Specifications":本船取得下述船级,在设计吃水____________米时,载重量为____________公吨的船舶(以下简称本船),本船的卖方船号为____________,其建造、安装和完成应按下列说明书进行:(1)Specification (Drawing No. )(1)技术规格书(图号:)(2)General Arrangement (Drawing No. )(2)总布置图(图号:)(3)Midship Section (Drawing No. )(3)舯横剖面图(图号:)(4)Makers list (Drawing No. )(4)厂商表(图号:)Attached hereto and signed by each of the parties to the Contract (hereinafter collectively called the "Specifications"), making an integral part hereof.上述随附技术文件由本合同双方签字(以下合称为"说明书"),并构成本合同一个组成部分。
2. CLASS AND RULES2 船级和规范The Vessel, including its machinery and equipment, shall 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 are regulations as fully described in the Specifications.本船(包括机器设备在内)的建造,应该按照__________________(以下简称"船级社")的规则和规范,而且本船应获得“__________________[例如:General Cargoship(杂货船)/Equipped for containers (为集装箱做好准备), Heavy Cargo(重型), Unrestricted Navigation(无限航区)]”的记录标记,并应符合说明书所规定的规则和规范。
The Seller shall arrange with the Classification Society assign a representative or representatives (hereinafter called the "Classification Surveyor") to the Seller's Shipyard for supervision of the construction of the Vessel.卖方应和船级社商定指派一名或多名代表(以下称"船级社验船师")到卖方的船坞对本船进行监造。
All fees and charges incidental to Classification and to comply with the rules, regulation and requirements of this Contract as described in the Specificationsissued up to the date of this Contract as well as design or other fees or 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. 所有和入级有关的费用与为满足本合同签署之日前出具的说明书中描述的本合同规则、规范和要求所发生的费用以及设计费等由于本船建造而应支付的费用或使用费(如果有)均应由卖方支付,除非本合同中另有规定和约定。
The key plans, materials and workmanship entering into the construction of Vessel shall at all times be subject to inspections and tests in accordance with the rules and regulations of the Classification Society. 作为本船建造过程的一部分的关键图纸、材料和工艺一直须按照船级社的规格和规范接受检查和实验。
Decisions of the Classification Society as to compliance or noncompliance with Classification rules and regulations shall be final and binding upon the parties hereto.船级社关于是否符合入级规则和规范的决定是终局性的,并对双方均有约束力。
3. PRINCIPAL PARTICULARS AND DIMENSIONS OF THE VESSEL3 本船主要技术参数和尺度(a) Hull:(a)船体:Length overall abt: . m总长:约 mLength between perpendiculars . m垂线间长: mBreadth . m型宽: mDepth . m型深: mDesign Draft . m设计吃水: m(b) Propelling Machinery(b)推进装置The Vessel shall be equipped, in accordance with the Specifications, with _________________type Main Engine.本船按说明书应配备一台_________________型主机。
4. GUARANTEED SPEED4 保证航速The Seller guarantees that the service speed, after correction, is to be not less than ___ nautical miles per hour on the design draft of ___m on even keel, including ___% service allowance (Sea Margin) as stipulated in the Specification. However, the guaranteed speed is subject to model tank tests and the result of model tank tests with correction, but in any event without alteration of principal particulars and dimensions and without increase of maximum power of the main engine, as specified in the Specification, shall be the final guaranteed speed. The service speed shall be corrected for wind speed and shallow water effect. 卖方保证在等吃水的情况下,在___米设计吃水时的服务航速(经修正后)不低于___节,包括说明书中规定的___%营运容差(海上功率裕度)。