Managing Post-Repair Warranties (Warranty Claims)
Managing a post-repair defect means documenting facts, checking notice terms and receipt, preserving evidence and following the remedy. The claim outcome and the ship’s safe restoration require distinct evidence.
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.
The process starts with the observed anomaly: what fails, on which component, when and under what conditions. These facts allow an accurate notice while the cause is still being investigated. The dossier links original work, tests, communications and subsequent interventions so the person assessing the claim can follow the defect’s development.
The REPAIRCON sample covers work performed and materials and equipment supplied by the yard; 10(b) concerns defects existing at Redelivery or, if later, Completion. Discovering an anomaly after docking does not itself establish when and how the defect arose. Check coverage and conditions in the actual contract. REPAIRCON 2018, 10(a)–(b).
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).
The HSSC 2025 guidelines connect reporting a defect affecting safety or integrity with investigation and any necessary survey, which verifies effective repair and fitness for service. The claim decision does not replace this process. IMO A.1207(34), general part 4.7.2.
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.
Record sending and receipt as required by the contract. Update the dossier with responses, inspections, authorised interventions and documented costs; distinguish the observed defect, possible cause and established outcome. If safety is affected, manage applicable reports and technical action without waiting for commercial responsibility to be settled.
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.
The report retains component identification, date and conditions of the anomaly, data before dismantling, received communications and inspection results. After the remedy, record the tests performed and their outcome. Commercial acceptance of the claim does not itself demonstrate that the component is fit for service again.
What Typically Goes Wrong
Common Mistakes Mistake Library
| Mistake | Consequence | How to avoid it |
|---|---|---|
| Recording only sending when receipt is required | Receipt within the deadline may remain unsubstantiated, weakening the claim. | Check the contractual recipient, channel and deadline and retain the required evidence of receipt. |
| 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 sent and receipt checked under the contract
- Evidence preserved
- Cause and exclusions assessed
- Remedy and reservations recorded
FAQ
Related Topics
Certified substantive revision: 13 October 2026 · page fingerprint dae1447d7c77