Managing Post-Repair Warranties (Warranty Claims)
A post-repair defect becomes a supportable warranty claim when contract, notice, cause, exclusions, mitigation and evidence are handled within the applicable terms.
Operational Explanation
Warranty duration, commencement, remedies, exclusions and procedure are contractual and vary. Twelve months is common in some forms or agreements, not a universal rule. Prompt notice protects the position, but responsibility and remedy also depend on cause, terms, applicable law and the parties’ conduct.
Regulatory Reference
The signed contract, including warranty clauses and riders, and applicable law and jurisdiction govern. BIMCO REPAIRCON 2018 is one possible form, not an IMO rule and not a substitute for reviewing the negotiated text.
Under clause 10(b) of the REPAIRCON 2018 sample, written complaint must be received within the months entered in Box 13, running from Completion. Retain evidence of receipt and check the signed contract’s definitions, recipient, deadline and amendments. REPAIRCON 2018 sample, clause 10(b).
Sample clause 10(c) makes another repairer conditional on urgent repair and return being impracticable or uneconomic. Before committing costs, notify the contractor and seek help to minimise them. Reimbursement is conditional; document necessity and costs and check the signed terms. REPAIRCON 2018 sample, clause 10(c).
In the sample, 10(c)(ii) also requires reasonable endeavours to keep the cost at another repairer within the cost of the same work at the original yard. Clause 10(d) places the cost and responsibility of bringing the vessel to the chosen location, ready for guarantee work, on the owners. Check these conditions in the actual contract; do not assume reimbursement of every cost associated with a defect.
A contractual claim does not replace SOLAS I/11(c): the master or owner must report an accident or defect affecting ship safety or the efficiency or completeness of life-saving appliances or other equipment at the earliest opportunity to the Administration, nominated surveyor or RO responsible for the certificate. In a port of another Contracting Government, the competent port State authorities must also be informed immediately. Changes to surveyed items require Administration sanction under I/11(b). SOLAS I/11(b)–(c).
Scope of Application
Defects or disputed performance after yard work within the contract’s time and scope. Handling involves Company-designated functions and any experts, insurers or advisers required.
Procedure / How to Complete It
- Check clause, commencement, deadline, recipient and notice form.
- Send an accurate protective notice without waiting for unnecessary conclusions.
- Preserve the component, photographs, data, tests and evidence chain.
- Analyse cause, exclusions, operation, maintenance and mitigation duty.
- Agree inspection and remedy without unintentionally waiving rights.
Practical Example
After an anomaly in a replaced component, the Company checks the clause, notifies facts and reserves rights within the deadline, preserves the part and coordinates a joint inspection before destructive repair.
What Typically Goes Wrong
Common Mistakes Mistake Library
| Mistake | Consequence | How to avoid it |
|---|---|---|
| Assumed duration | Wrong deadline | Read clause and commencement |
| Cause asserted without analysis | Technical position weakened | Notify facts and preserve evidence |
What the PSCO Checks
Operational Tips
- Calendar deadlines and recipients from the signed contract.
- Use an evidence pack for each claim.
- Coordinate mitigation and preservation of rights.
Preparation checklist
- Clause and commencement checked
- Notice correctly sent
- Evidence preserved
- Cause and exclusions assessed
- Remedy and reservations recorded
FAQ
Related Topics
Last substantive revision of this page: 16 September 2026 · page fingerprint 559a25f075c6