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一份船舶建造合同

2009-03-24 法律英语 来源:互联网 作者:
y-docking charges) any defect against which the Yacht or any part or equipment thereof is guaranteed hereunder by making all necessary repairs and replacements in the Boatyard provided that if the Yacht cannot conveniently be brought to the Boatyard the Builder shall pay to the Buyer as full and final compensation the equivalent in United States dollars of the amount that the Builder would charge the Buyer on an arm’s length basis (including any attributable dry-docking charges) if the defects had been made good at the Boatyard, or the actual cost of repair, whichever is the lower.

  ARTICLE XIII – PATENTS, TRADE MARKS, COPYRIGHTS

  All documentation and drawings provided by the Buyer for the Builder shall remain the copyright of the Buyer. However for his own use in respect of and for the duration of this Contract only, the Builder has the permission of the Buyer to copy relevant documentation and drawings.

  ARTICLE XIV – LAW

  This Contract shall be construed and interpreted in accordance with the laws of Hong Kong and the Parties hereby submit to the exclusive jurisdiction of the Courts of the Hong Kong Special Economic Region of the Peoples Republic of China.

  ARTICLE XV – ASSIGNMENT

  Neither of the Parties hereto shall be entitled to assign or transfer or subcontract any of its rights or duties hereunder without the prior written consent of the other, provided that this Article shall not operate to prevent the Builder subcontracting the work.

  ARTICLE XVI – COMMUNICATIONS

  Unless expressly provided otherwise in this Contract, all notices and communications required to be given hereunder shall be in writing (which expression includes facsimile messages and email messages) and shall be addressed to the Buyer at: Ho Chi Minh City, Vietnam, Tel: +84-8-, fax: +84-8-, email KKK, and to the Builder at: , Kowloon, Hong Kong, Tel: +852-2314-7304, Fax: +852-, email: KKK. Each party shall bear all the costs of its own communications.

  ARTICLE XVII – WAIVER

  Any waiver, or neglect, or forbearance by either Party to require or enforce any of the provisions of this Contract, at any time, shall not prejudice or affect any right of that party afterwards to act strictly in accordance with the provisions herein contained.

  ARTICLE XVIII – ENTIRE CONTRACT

  This Contract constitutes the entire agreement between the Builder and the Buyer in relation to the construction and purchase of the Yacht and neither Party places any reliance whatsoever on any representations, statements or understandings, whether oral or in writing, made prior to the date of execution of this Contract, other than those representations, agreements, statements and understandings expressly incorporated in this Contract.

  ARTICLE XIX – DESIGN

  The Buyer accepts that the Yacht, as constructed by the Builder according to the Design Specifications, will be fit for the purpose intended by the Buyer.

  IN WITNESS WHEREOF the Parties hereto have subscribed this Contract by their representatives duly authorised in that behalf,

  ……………………………………………………………。

  for AAA‘S YACHT COMPANY (Signature and Date)

  ……………………………………………………………。

  WITNESS (Print Name, Address and Date)

  ……………………………………………………………。

  WITNESS (Signature and Date)

  ……………………………………………………………。

  Mr. BBB CC

  ……………………………………………………………。

  WITNESS (Print Name, Address and Date)

  ……………………………………………………………。

  WITNESS (Signature and Date)


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