WHEREAS the Ship owners are the owners of a ship named.....................having registration No . ..........with the Registrar .......... hereinafter called the said ship.
AND WHEREAS the said ship had collision with another ship named ..........at ..........on ..........and sustained damages and is now at the dock of .....................
AND WHEREAS the Ship owners have settled with the owners of the ship ..........and the insurance company and in terms of the settlement the Ship owners have to get the repairs of the said ship at their own costs and expenses.
AND WHEREAS the said Ship owners require that the said ship be repaired so that the said ship can be put in use again.
AND WHEREAS the Shipbuilders have agreed to undertake the said repairs on the terms and conditions hereinafter appearing.
NOW IT IS HEREBY MUTUALLY AGREED BETWEEN THE PARTIES HERETO AS FOLLOWS:
(1)The Shipbuilders will undertake necessary repairs of all the damages caused to the said ship due to collision with best materials and workmanship to the satisfaction of the Ship owner's representatives and the Surveyors.
(2) The Shipbuilders will insure the said ship at their costs and expenses against all risks during the currency of this contract. The insured value of the said ship is Rs . .................
(3) The Shipbuilders undertake that after repairs, the said ship shall pass her No . ..........survey and the seaworthy certificate will be
obtained from the competent authority.
(4) The dock rent from ..........to .......... all fees of and all other charges will be borne by the Shipbuilders.
(5) The Shipbuilders will complete the work and deliver the said ship free of cost to the Shipowners on the ..........day of ..........20 ..........If the Shipbuilders are not able to complete the said work by the said date, they will be liable to pay liquidated damages of Rs . ..........per ..........day for every day if the said ship is not delivered to the Ship owners.
(6) The Ship owners will pay a sum of Rs . ..........to the Ship builders for the entire work, out of which a sum of Rs . ..........is being paid to them on the execution of these presents and the balance amount of Rs . .......... will be paid to the Shipbuilders on the delivery of he said ship duly repaired. If the repairs are completed before the stipulated date, the Ship owners shall pay Rs . ..........per day bonus for every day between the date of delivery and the said day of ...........20 ..........
(7) This Agreement shall be executed in duplicate. The original shall be retained by the Ship owners and the duplicate by the Ship builders.
(8) The stamp duty and all other expenses of this Agreement and duplicate thereof shall be borne and paid by the Ship owners
(9) The marginal notes and the catch lines hereto are meant only
for convenience of reference and shall not in any way be taken into account in the interpretation of these presents.
IN WITNESS WHEREOF the Ship owners and the Shipbuilders have caused their respective common seals to be hereunto affixed the day, month and year first hereinabove written.
WITNESSES The common seal of the within named Ship owners M/s. X Y Co. Ltd., was hereunto affixed pursuant to the Resolution of its Board of Directors passed on the
1 day of ..........20 ..........in the presence of S/Shri ..........and ..........the Directors of the company, who have signed in token thereof
2. The common seal of the within named Shipbuilders M/s A B & Co.
Ltd.,
was hereunto affixed pursuant to the Resolution of its Board of Directors passed on the ...........day of 20 ..........in the presence of S/Shri ..........a Director of the Company, who has signed in token thereof