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leⅢ.2航速不足2. INSUFFICIENT SPEED(1)如果實際航速(試航時根據(jù)技術(shù)說明書修正后的速度),則合同價格不應(yīng)改變。(a) The Contract Price of the Vessel shall not be affected nor changed by reason of the actual speed (as determined by the Trial Run after correction according to the Specifications) being less than of one knot below the guaranteed speed as specified in Paragraph 4 of Article I of this Contract.(2)如果本船的實際航速(試航時根據(jù)技術(shù)說明書修正后的速度),(),本合同價格應(yīng)作如下減少:(b) However, mencing with and including a deficiency of of one knot in actual speed (as determined by the Trial Run after correction according to the Specifications) below the guaranteed as specified in Paragraph 4, Article I of this Contract, the Contract Price shall be reduced as follows:(3)如果實際速度(試航時根據(jù)技術(shù)說明書修正后確定的速度)低于保證速度(節(jié))1節(jié)以上,則買方可自行選擇根據(jù)第十條拒絕接船和取消合同,或根據(jù)上述方式減少船價后接受本船,但最高扣除額不得超過美元(USD)。(c) If the deficiency in actual speed (as determined by the Trial Run after correction according to the Specifications) of the Vessel upon the Trial Run, is more than knot below the guaranteed speed of knots, then the Buyer may at its option reject the Vessel and rescind this Contract in accordance with provision of Article X of this Contract, or may accept the Vessel at a reduction in the Contract Price as above provided, by United States Dollars only (US$) being the maximum.3燃油消耗量3. EXCESSIVE FUEL CONSUMPTION(1)如果造機廠臺架試驗測出主機的實際燃油消耗值超出本合同及說明書規(guī)定的保證燃油消耗值等于或少于百分之(%),則合同價格不應(yīng)改變。(a) The Contract Price of the Vessel shall not be affected nor changed if the actual fuel consumption of the Main Engine, as determined by shop trial in manufacturer’s works, as per the Specifications, is greater than the guaranteed fuel consumption as specified and required under the provisions of this Contract and the Specifications if such actual excess is equal to or less than percent ( %).(2)如果臺架試驗測出主機的實際燃油消耗值超出保證燃油消耗值大于百分之(%),那么%以上的油耗按每超1%,合同價格減少美元(USD),(不足百分之一的部分按比例計算)。(b) However, if the actual fuel consumption as determined by shop trial is greater than percent ( %) above the guaranteed fuel consumption then, the Contract Price shall be reduced by the sum of United States Dollars (US$) for each full one percent (1%) increase in fuel consumption in excess of the above said percent ( %) (fractions of one percent to be prorated).(3)如果臺架試驗測得主機的實際燃油消耗值超出保證燃油消耗大于10%,即油耗超過克/制動馬力/小時,買方有權(quán)作出選擇,按第十條拒絕接船和取消本合同或減少船價后接受本船,最高減少金額為美元(USD)。(c) If as determined by shop trial such accrual fuel consumption of the Main Engine is more than the percent (10%) in excess of the guaranteed fuel consumption, . the fuel consumption exceeds gram/ BHP/ hour, the Buyer may, at its option, reject the Vessel and rescind this Contract, in accordance with the provisions of Article X of this Contract or may accept the Vessel at a reduction in the Contract Price by United States Dollars (US$) being the maximum.4載重量4. DEADWEIGHT(1)如果根據(jù)技術(shù)說明書在規(guī)定的設(shè)計吃水狀態(tài)下測得的實際載重量比保證載重量(噸)低噸以內(nèi),則合同價格不予減少。(a) In the event there is a deficiency in the actual deadweight if the Vessel determined as provided in the Specifications, the Contract Price shall not be decreased if such deficiency is ( ) metric tons or less below the guaranteed deadweight of metric tons at assigned designed draft.(2)如果載重量不足超過噸,每超過1噸,合同價格則減少美元(USD)。(b) However, the Contract Price shall be decreased by the sum of United States Dollars (US$) for each full metric ton of such deficiency being more than ( ) metric tons.(3)如果本船實際載重量低于保證載重量噸以上,則買方可根據(jù)本合同第十條所述拒絕接船和取消本合同,也可減價接受本船,合同價格減少最大不得超過美元(USD)。(c) In the event that there should be a deficiency in the Vessel’s actual deadweight which exceeds ( ) metric tons below the guaranteed deadweight, the Buyer may, at its option, reject the Vessel and rescind Contract in accordance with the provisions of Article X of this Contract, or may accept the Vessel with reduction in the Contract Price in the maximum amount of United States Dollars ( US$).(4)如果本船的實際載重,在規(guī)定設(shè)計吃水狀態(tài)下,超過噸的保證載重量,超過載重量噸以下,合同價格不予增加,超過噸的每1足噸合同價格增加美元(USD)。由于載重量增加而增加的合同價總數(shù)應(yīng)加在第五期付款中,但增加的數(shù)額不超過美元(USD)。(d) In the event that the actual deadweight of the Vessel is in excess of the guaranteed deadweight of metric tons at assigned designed draft, the Contract Price shall not be increased for the first ( ) metric tons in excess of the guaranteed deadweight of metric tons. However, the Contract Price shall be increased by the sum of United States Dollars (US$) for each full metric ton of the excess being more than ( ) metric tons. The total increase of the Contract Price for the increase of the deadweight shall be added to the fifth installment of the Contract Price, however, shall not be more than the sum of United States Dollars (US$).5解除合同的效力5. EFFECT OF RESCISSION雙方在此明確并同意在上述任何一種情形下,如果買方按合同本條條款規(guī)定解除本合同,買方僅享有第十條所規(guī)定的權(quán)利和賠償,無權(quán)享有上述或其他地方所敘述的任何補償或賠償。It is expressly understood and agreed by the parties hereto that in any case as stated herein, if the Buyer rescinds this Contract pursuant to any provision under this Article, the Buyer, save its rights and remedy set out in Article X hereof, shall not be entitled to any liquidated damages or pensation whether described above or otherwise.第四條監(jiān)造和檢查ARTICLEⅣSUPERVISION AND INSPECTION1買方監(jiān)造師的指派1. APPOINTMENT OF THE BUYER’S SUPERVISOR買方將自費按時委派一名或多名代表(以下稱為監(jiān)造師)。監(jiān)造師應(yīng)由買方書面委任,并常駐在賣方的船廠,負責(zé)對在建船及其主機、輔機進行檢驗和監(jiān)造。賣方保證為監(jiān)造師進入中國按時辦妥必要的簽證,監(jiān)造師應(yīng)遵守中華人民共和國法律、法規(guī)和規(guī)章,買方負責(zé)給予賣方申辦簽證通知。The Buyer shall send in good time to and maintain at the Seller’s Shipyard, at the Buyer’s own cost and expense, one or more representative(s) who shall be duly accredited in writing by the Buyer (such representative(s) being hereinafter collectively and individually called the Supervisor) to supervise and survey the construction by the Seller of the Vessel, her engines and accessories. The Seller herby warrants that, the necessary visa for the Supervisor to enter China will be issued in order to demand and without delay provided that the Supervisor meets with the rules, regulations and Laws of the People’s Republic of China. The Buyer under