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造船合同的解除

 pdf CHN   pdf ENG

在目前艰难的航运市场下,船东与船厂因造船合同引起的纠纷并不少见。

如果延迟交船累计超过一定天数,买方可以解除造船合同。如果解除合同是合法的,买方有权要求退还所有合同解除前已支付的分期款项,(可能)包括从付款日到退还日分期款项利息。如果解除合同不合法,船厂有权保留已收到的分期款项并转售船舶,只有待其收回成本后,才会把结余归于买方。

详细信息请参阅附件。

 

Cancellation Rights in Shipbuilding Contracts

Disputes arousing under the shipbuilding contracts between shipyards and Owners are not uncommon in the current difficult shipping market.

Vessel’s buyer could cancel the shipbuilding contracts if the total accumulated delay in delivery exceeded a certain number of days. If the cancellations were lawful, the buyer would be entitled to a refund of all installments of the contract price which had been paid before the cancellation, together (potentially) with interest on those installments, from the date of payment to the date of repayment. If the cancellations were unlawful, the yard would be entitled to keep the installments and re-sell the vessel, crediting the buyer only with the balance of the proceeds of any such sale, after the yard has recouped its expenses.

See attached file: ALCO20150027 Cancellation Rights in Shipbuilding Contracts.pdf

 

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