breakdown clause; off-hire clause

简明释义

停租条款

英英释义

例句

1.The breakdown clause allowed the contractor to extend the deadline without penalties due to unforeseen circumstances.

该故障条款允许承包商因不可预见的情况延长截止日期而不受惩罚。

2.The contract included a breakdown clause to ensure that the client would not be penalized for delays caused by equipment failure.

合同中包含了一个故障条款，以确保客户不会因设备故障造成的延误而受到惩罚。

3.The breakdown clause proved essential when the machinery broke down unexpectedly during production.

当机器在生产过程中意外故障时，故障条款显得至关重要。

4.In our agreement, the off-hire clause clearly states the conditions under which the equipment can be considered off-hire.

在我们的协议中，停租条款明确规定了设备可以被视为停租的条件。

5.According to the off-hire clause, the rental fees would be waived if the vessel was out of service for more than 24 hours.

根据停租条款，如果船只停用超过24小时，租金将被免除。

作文

In the realm of contracts, especially in the maritime and equipment leasing industries, specific clauses are essential for protecting the interests of both parties involved. Two such clauses are the breakdown clause and the off-hire clause. Understanding these terms is crucial for anyone engaged in contractual agreements, as they can significantly impact financial liabilities and operational efficiency.A breakdown clause refers to a provision within a contract that outlines the responsibilities and liabilities of the parties involved in the event of equipment failure or malfunction. This clause is particularly important in contexts where machinery or vessels are rented or leased. For instance, if a ship experiences a mechanical failure while under lease, the breakdown clause specifies whether the owner or the lessee is responsible for repairs and any associated costs. Such a clause helps mitigate risks by clearly defining the actions to be taken when unexpected breakdowns occur.On the other hand, the off-hire clause is closely related but serves a different purpose. This clause stipulates the conditions under which a vessel or equipment is considered 'off-hire,' meaning it is not available for use due to breakdowns or repairs. When a piece of equipment is off-hire, the lessee typically does not have to pay for its use during the period it is out of service. This clause is vital for ensuring fairness in rental agreements, as it protects the lessee from incurring costs for equipment that is not operational.To illustrate the importance of these clauses, consider a shipping company that leases a cargo ship. If the ship breaks down at sea, the breakdown clause would determine who is responsible for the repair costs. Meanwhile, the off-hire clause would ensure that the shipping company does not have to pay for the days the ship is being repaired and is therefore unavailable for shipping goods. Without these clauses, disputes could arise regarding liability and payment during periods of equipment failure.Moreover, the inclusion of these clauses in contracts promotes transparency and trust between parties. By clearly outlining the expectations and responsibilities associated with equipment malfunctions, both lessors and lessees can engage in their agreements with greater confidence. This clarity not only facilitates smoother transactions but also fosters long-term business relationships built on mutual understanding and respect.In conclusion, the breakdown clause and the off-hire clause are indispensable components of contracts in various industries. They serve to protect both parties from unforeseen circumstances that could lead to financial losses or disputes. As businesses continue to navigate complex contractual landscapes, a thorough understanding of these clauses will empower them to make informed decisions and maintain operational efficiency. Therefore, it is imperative for professionals in relevant fields to familiarize themselves with these terms and their implications, ensuring they are well-equipped to handle potential challenges arising from equipment breakdowns or malfunctions.

在合同领域，特别是在海事和设备租赁行业，特定条款对于保护双方的利益至关重要。两个这样的条款是故障条款和停租条款。理解这些术语对于任何参与合同协议的人来说都是至关重要的，因为它们可能会显著影响财务责任和运营效率。故障条款是指合同中规定的条款，概述了在设备故障或失灵时各方的责任和义务。这个条款在机器或船舶被租用或租赁的情况下尤为重要。例如，如果一艘船在租赁期间发生机械故障，故障条款将明确规定业主或承租人对维修和相关费用的责任。这种条款有助于通过清楚地定义在意外故障发生时应采取的措施来降低风险。另一方面，停租条款与之密切相关，但目的不同。该条款规定了在设备因故障或维修而被视为“停租”的条件。当设备处于停租状态时，承租人通常不需要支付其使用费用。这一条款对于确保租赁协议的公平性至关重要，因为它保护了承租人在设备无法使用期间不承担费用。为了说明这些条款的重要性，可以考虑一家租赁货船的航运公司。如果船在海上发生故障，故障条款将决定谁负责维修费用。同时，停租条款将确保航运公司在船只维修期间不必支付租金，因为船只无法用于运输货物。如果没有这些条款，关于责任和支付的问题可能会引发争议。此外，这些条款的纳入促进了双方之间的透明度和信任。通过清楚地概述与设备故障相关的期望和责任，出租方和承租方可以更有信心地进行交易。这种清晰不仅促进了更顺利的交易，也培育了建立在相互理解和尊重基础上的长期商业关系。总之，故障条款和停租条款是各行业合同中不可或缺的组成部分。它们旨在保护双方免受可能导致财务损失或争议的不可预见情况的影响。随着企业继续在复杂的合同环境中航行，全面理解这些条款将使他们能够做出明智的决策并保持运营效率。因此，相关领域的专业人士必须熟悉这些术语及其含义，以确保他们能够有效应对设备故障或失灵带来的潜在挑战。