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BPVOY4

VOYAGE CHARTER PARTY

© BP SHIPPING LIMITED 1st Edition - June 1998

Registered in England and Wales: No. 140132

Registered Office:- Breakspear Park, Breakspear Way, Hemel Hempstead, Herts, HP2 4UL.

 

INDEX TO CLAUSES - BPVOY4

 

Clause

 

Page

1.

Condition of Vessel

5

2.

Chartering Questionnaire

5

3.

Loading/Compliance with Charterers’ Voyage Orders

5

4.

Estimated Times of Arrival

6

5.

Loading and Discharge Port/Shifting

7

6.

Notice of Readiness ("NOR")

7

7.

Laytime/Demurrage

8

8.

Cargo Transfers

9

9.

Documentation

11

10.

Drugs & Alcohol Policy

11

11.

Cleaning of Vessel's Tanks, Pumps and Pipelines

11

12.

Inert Gas System ("IGS")

12

13.

Closed Cargo Operations

12

14.

Oily Residues/Clean Ballast

12

15.

Agency

13

16.

Cancellation

13

17.

Half Laytime/Half Demurrage/Force Majeure

14

18.

Suspension of Laytime/Demurrage

14

19.

Loading and Discharge of Cargo and Crude Oil Washing and Stripping

15

20.

Claims Time Bar

18

21.

Slack Tanks/Even Keel

18

22.

Revised Charterers’ Voyage Orders for Loading or Discharge Ports

19

23.

Vessel/Cargo Inspections/Bunker Surveys

19

24.

Maintenance of Cargo Temperature

20

25.

Cargo Heating

20

26.

Liberty

21

27.

Traffic Separation and Routeing

21

28.

Ice on Voyage and Ice at Loading and Discharge Ports

21

29.

Quarantine

22

30.

Bills of Lading and Indemnities

22

31.

Freight Rate

23

32.

Address Commission

24

33.

Cargo Retention

24

34.

Dues and Other Charges

24

35.

Cargo Insurance

25

36.

Coding of Cargo Documentation - US Customs Regulations

25

37.

USCG Certificate of Financial Responsibility/USCG Regulations

26

38.

Exceptions

26

39.

War Risks

26

40.

Both-to-Blame Collision

28

41.

General Average

29

42.

New Jason

29

43.

Clause Paramount

29

44.

Oil Pollution Insurance

29

45.

Oil Pollution Prevention

30

46.

Lien

30

47.

Sub-Letting

31

48.

Administration

31

49.

Law

31

Codeword for this Charterparty "BPVOY4"

VOYAGE CHARTER PARTY

1 Date .......................................

2

It is this day agreed between .....................................................................................................

 

 

 

 

 

 

 

 

 

 

 

 

 

 

3

of .................................................................................................................................................................

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

4

.....................................................................................................................................................................

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

5

("Owners") being owners/disponent owners of the

motor/steam

tank

vessel

(delete

as

6

applicable) called .......................................................................................................................

 

 

 

 

 

 

 

 

 

 

 

 

 

(“Vessel")

7

and ...............................................................................................................................................................

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

8

of .................................................................................................................................................................

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

9

.....................................................................................................................................................................

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

10

("Charterers") that the service for which provision is

herein made shall be subject to the

11

terms and conditions of this Charter which comprises PART 1 and PART 2 and the “BP

12

Shipping Questionnaire”

(which

term

shall mean

the

document

attached as

Appendix 1

13

of this

Charter or

such

subsequent

editions

of

the

BP

Shipping

Questionnaire

as

 

may

14

be correct as at the date of this Charter).

 

 

 

 

 

 

 

 

 

 

 

 

 

 

15

Unless

the context

otherwise

requires, words

denoting

the

singular include

the

plural

16

and vice versa.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

17

In the event of any conflict between the provisions

of

PART

1

and

PART

2

of

this

18

Charter, the provisions of PART 1 shall prevail.

 

 

 

 

 

 

 

 

 

 

 

 

 

19

In the event of any conflict between the provisions of PART 1 or PART 2 of this Charter

20

and any provisions in the BP Shipping Questionnaire,

the

provisions

of

PART

1

or

21

PART 2 of this Charter shall prevail.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

22

PART 1

23A. Name of Vessel ..........................................................................................................................................

24B. Description of Vessel

25Owners undertake that the Vessel conforms to the following description:-

26

(1)

Summer Deadweight (SDWT) on assigned summer freeboard

....................................... Tonnes

27

(2)

Salt Water draught (on SDWT) ........................................................................................

 

Metres

28

(3)

Flag ................................................................................................................................................

 

 

 

29

(4)

Year Built ......................................................................................................................................

 

 

 

30

(5)

Length Overall ..................................................................................................................

 

 

Metres

31

(6)

Beam ..................................................................................................................................

 

 

Metres

32

(7)

Cargo tank capacity at 98% excluding slop tanks ......................................................

Cu. Metres

33

(8)

Capacity of slop tanks at 98% ....................................................................................

 

Cu. Metres

34

(9)

The Vessel is (delete as applicable) ..........

Segregated Ballast Tanker (SBT)/Clean Ballast Tanker

 

(CBT)

 

 

 

 

35

(10)

Crude Oil Washing (COW) (delete as applicable) ..............................................................

YES/NO

36

(11)

Inert Gas System (IGS) (delete as applicable) .....................................................................

YES/NO

37

(12)

Closed Cargo Operations (delete as applicable) ..................................................................

YES/NO

38

(13)

The Vessel has (delete as applicable) .................................................

 

Double Bottom/Double Sides

39

(14)

Tonnes Per Centimetre Immersion (TPC) ........................................................................

Tonnes

40

(15)

Bow to Centre of Manifold (BCM) ..................................................................................

 

Metres

41

(16)

Derricks/Cranes - Number and Capacity ......................................................................................

 

42

 

........................................................................................................................................................

 

 

 

43

 

........................................................................................................................................................

 

 

 

44

(17)

Tongue Type Bow Chain Stoppers:-

 

 

45

 

(a) Number ...................................................................................................................................

 

 

 

46

 

(b) Safe Working Load ....................................................................................................

 

Tonnes

47

 

(c) Nominal Diameter of Chain ................................................................................

 

Millimetres

48

(18)

Keel to Top of Mast (KTM) .............................................................................................

 

Metres

49

(19)

Tank Coatings (Type) ....................................................................................................................

 

 

50

(20)

Heating Coils (Type) .....................................................................................................................

 

 

51

(21)

Classification Society and Class Notation ....................................................................................

 

52

(22)

Gross Tonnage (GT) .........................................................................................................

 

Tonnes

53

(23)

Suez Canal Net Registered Tonnage (SCNRT) ...............................................................

Tonnes

54

(24)

Panama Canal Net Registered Tonnage (PCNRT) ..........................................................

Tonnes

55

(25)

Charter Speed (weather and safe navigation permitting) .....................

Knots (“Charter Speed”)

56

(26)

Maximum Speed (weather and safe navigation permitting) ............

Knots (“Maximum Speed”)

57

(27)

Last Cargoes:- (a)

Last ...............................................................................................................

 

 

58

 

(b)

Second Last ...................................................................................................

 

 

59

 

(c)

Third Last .....................................................................................................

 

 

60

C. Cargo Quantity .........................................................................................................................................

 

 

 

61

.....................................................................................................................................................................

 

 

 

 

62

D. Cargo Description .....................................................................................................................................

 

 

 

63

.....................................................................................................................................................................

 

 

 

 

64

.....................................................................................................................................................................

 

 

 

 

65

E. Loading Port(s)/Range(s) at Charterers' option ....................................................................................

 

66

 

.....................................................................................................................................................................

 

 

67

 

.....................................................................................................................................................................

 

 

68

F. Discharge Port(s)/Range(s) at Charterers' option .................................................................................

 

 

69

 

.....................................................................................................................................................................

 

 

70

 

.....................................................................................................................................................................

 

 

71

 

.....................................................................................................................................................................

 

 

72

 

.....................................................................................................................................................................

 

 

73

G. Laydays

 

 

74

 

Commencing: 0001 hours local time on ...........................................................

("Commencement Date")

75

 

Cancelling: 1600 hours local time on ........................................................................

 

("Cancelling Date")

76

 

Vessel expected ready to load ..............................................

hours local time on

.......................... based

77

 

on following current itinerary .....................................................................................................................

 

 

78

 

.....................................................................................................................................................................

 

 

79

H. Freight Rate ...............................................................................................................................................

 

 

80

 

..........................................................................................................................................

 

(“Freight Rate”)

81

 

Increase of Freight Rate applicable to increased speed per knot, or pro rata, between

82

 

Charter Speed and Maximum Speed:-

 

 

83

 

.....................................................................................................................................................................

 

 

84

 

Overage (if any) at 50% of Freight Rate

 

 

85

I.

Laytime ...............................................................................................................................

 

running hours

86

J.

Demurrage .........................................................................................................

US $ per day or pro rata

87

K. Owners' Payment Details .........................................................................................................................

 

 

88

 

.....................................................................................................................................................................

 

 

89

 

.....................................................................................................................................................................

 

 

90

 

.....................................................................................................................................................................

 

 

91

 

.....................................................................................................................................................................

 

 

92

L. Additional Clauses ....................................................................................................................................

 

 

93

 

.....................................................................................................................................................................

 

 

94

 

.....................................................................................................................................................................

 

 

95

 

.....................................................................................................................................................................

 

 

96

 

.....................................................................................................................................................................

 

 

97

M. The "BP Shipping Questionnaire" was last completed and submitted to Charterers on .......................

98

 

........................................ and, were applicable, was confirmed as accurate on ........................................

 

99

 

 

 

 

 

 

 

PART 2

 

 

 

 

 

 

 

 

100

1.

CONDITION OF VESSEL

 

 

 

 

 

 

 

 

 

 

101

 

Owners

shall, before, at the commencement

of, and

throughout the voyage carried

102

 

out hereunder, exercise due diligence to make and maintain the Vessel, her tanks,

103

 

pumps,valves and pipelines tight, staunch, strong, in

good order and

condition,

in

104

 

every way fit for the voyage and fit to carry the cargo stated in Sections C and D of

105

 

PART

1, with the Vessel's machinery, boilers

and hull in a fully efficient state,

and

106

 

with a full complement of Master, officers and crew who are fully qualified (as

107

 

evidenced by internationally recognised certification and, where

applicable,

108

 

endorsements), and are experienced and competent

to

serve

in

the

capacity

for

109

 

which

they

 

are

hired.

Owners

undertake

that the Vessel shall be

operated

in

110

 

accordance with the recommendations set out in the 1996 Edition of ISGOTT, as

111

 

amended from time to time.

 

 

 

 

 

 

 

 

 

 

 

112

2.

CHARTERING QUESTIONNAIRE

 

 

 

 

 

 

 

 

113

 

2.1

Prior to agreement being reached between Owners and Charterers on the terms

114

 

 

and conditions of this Charter, Owners have either:-

 

 

 

 

 

 

115

 

 

2.1.1

completed

and

submitted, or have authorised their brokers

to complete

116

 

 

 

 

and submit, the BP Shipping Questionnaire; or

 

 

 

 

 

117

 

 

2.1.2

confirmed,

or

have authorised their brokers to confirm, in writing to

118

 

 

 

 

Charterers that each and every response given by Owners in the BP

119

 

 

 

 

Shipping Questionnaire last completed and submitted to Charterers in

120

 

 

 

 

respect of the Vessel remains

correct and accurate in

every particular;

121

 

 

in each case on the date stated in Section M of PART 1.

 

 

 

 

 

122

 

2.2

Notwithstanding the date on which the BP Shipping Questionnaire was last

123

 

 

completed by Owners and submitted to Charterers in respect of the

Vessel, it is

124

 

 

a condition of this Charter that the responses in the BP Shipping Questionnaire

125

 

 

are correct as at the date hereof.

If any response proves

to be

incorrect, and as

126

 

 

a consequence Charterers are likely to,

or do, suffer prejudice or

are likely

to,

127

 

 

or do, incur loss, damage, cost or expense, Charterers shall be entitled either:-

128

 

 

2.2.1

to

cancel

this

Charter forthwith without prejudice to any other rights

129

 

 

 

 

available to them under this Charter or otherwise under English law; or

130

 

 

2.2.2

to recover, by deduction from freight or otherwise, the said loss, damage,

131

 

 

 

 

cost and expense.

 

 

 

 

 

 

 

 

 

132

3.

LOADING/COMPLIANCE

WITH

CHARTERERS’

VOYAGE

ORDERS

133

 

3.1

Subject to the provisions of this Charter the Vessel shall proceed to the loading

134

 

 

port

(the

term "port"

shall

include

any

port, berth,

dock,

loading or discharging

135

 

anchorage or offshore location, submarine line, single point or single buoy

136

 

mooring facility, alongside vessels or lighters, or any other place whatsoever as

137

 

the context requires) stated in Section E of PART 1, or to such other port

138

 

(always within the Ranges stated in Section E of PART 1) as is separately or

139

 

subsequently

identified

in Charterers’ Voyage Orders (which term shall mean

140

 

any written instruction issued by Charterers in respect of the Vessel at any time

141

 

during the period of this Charter, including any amendments, corrections or

142

 

revisions thereto), or so near thereto as she may safely reach and there load the

143

 

cargo stated in Sections C and D of PART 1 subject to any clarification of cargo

144

 

loading instructions as may be provided in Charterers’ Voyage Orders.

 

 

145

3.2

Owners undertake that the Vessel is able to load, carry and discharge the

146

 

quantities, grades and segregations of cargo stated in Sections C and D of PART

147

 

1, without loading on top of tank washings ("slops"). Charterers shall not be

148

 

liable for any loss, damage (including deadfreight), cost or expense incurred by

149

 

Owners by reason of the Vessel being unable to load in accordance with this

150

 

undertaking.

Loading

on top of slops shall not be permitted

without

151

 

Charterers’ prior agreement in writing.

 

 

152

 

The cargo loaded on board the Vessel shall not exceed the quantity which she

153

 

can reasonably stow and carry

over and above her equipment and

provisions

154

 

and shall in any case

not exceed the quantity permitted by the International

155

 

Load Line Convention, 1966, or any modification or amendment thereof as may

156

 

be applicable to the voyage to be performed hereunder.

 

 

157

3.3

Owners undertake that the Vessel shall, upon completion of loading the cargo,

158

 

proceed at the speed stated in Section B.25 of PART 1 ("Charter Speed"), or at

159

 

such her speed, not exceeding the speed stated in Section B.26 of PART 1

160

 

(“Maximum Speed”), as may be stated in Charterers' Voyage Orders, to the

161

 

discharge port stated in Section F of PART 1, or to such other port or location

162

 

permitted under this Charter, in accordance with Charterers’ Voyage

Orders, or

163

 

so near thereto as she

may safely reach, and deliver the cargo in consideration

164

 

of the payment of freight as provided in Clause 31.

 

 

165

3.4

Charterers shall have the right at any time during the voyage to instruct Owners

166

 

to adjust the

Vessel's

speed.

Charterers shall not instruct Owners

to increase

167

 

the Vessel's speed such as to require the Vessel to proceed in excess of the

168

 

Maximum Speed.

If

Owners increase the speed of the Vessel in accordance

169

 

with Charterers’ Voyage Orders, any increase in the freight rate consequent

170

 

thereon shall be calculated in

accordance with the Example set out

in

Clause

171

 

31.

 

 

 

 

 

 

172

3.5

If the Vessel fails to maintain Charter Speed, or Owners fail to comply with any

173

 

instructions in Charterers’ Voyage Orders requiring an increase

of

speed

174

 

pursuant to this Clause 3, Owners shall, subject to Clause 38, be liable for all

175

 

loss, damage,

cost and

expense arising as a direct consequence thereof save to

176

 

the extent that Owners can prove that such failure was attributable either to

177

 

adverse weather

conditions and sea state or to the requirements for the safe

178

 

 

navigation of the

Vessel.

Charterers shall be entitled to

deduct any

such

loss,

179

 

 

damage, cost and expense from any demurrage due

to

Owners

hereunder

180

 

 

without prejudice

to any

other rights available to Charterers

under this Charter

181

 

 

or otherwise under English law.

 

 

 

 

 

182

4.

ESTIMATED TIMES OF ARRIVAL

 

 

 

 

 

183

 

4.1

If the Master fails to comply with any of the following provisions any delay

184

 

 

resulting therefrom, either at the loading or discharge port, shall not count as

185

 

 

laytime or, if the Vessel is on demurrage, as demurrage and Owners shall be

186

 

 

responsible for any additional loss, damage, cost and expense incurred by

187

 

 

Charterers arising from such non-compliance.

 

 

 

 

 

188

 

4.2

The Master shall send messages by telex to Charterers, the Agents (which term

189

 

 

wherever used in this Charter shall mean the Vessel's agents under Clause 15)

190

 

 

and to any other parties as required by Charterers (hereafter referred to

191

 

 

collectively as the “ETA Notify Parties”), advising the date and estimated time of

192

 

 

the Vessel's arrival ("ETA"). Such messages shall be sent upon the Vessel's

193

 

 

sailing from the last discharge port and seven (7) days

and seventy-two (72),

194

 

 

forty-eight (48) and twenty-four (24) hours prior to the Vessel's ETA at each

195

 

 

loading port.

If

the Vessel is at sea or elsewhere when

ordered

by

Owners to

196

 

 

proceed to a loading port the Master shall, if the Vessel is less than seven (7)

197

 

 

days or seventy-two (72), forty-eight (48) or twenty-four (24) hours from that

198

 

 

loading port, immediately notify the ETA Notify Parties of the Vessel's ETA at

199

 

 

that loading port.

Thereafter, the Master shall advise the

ETA Notify Parties of

200

 

 

the Vessel's ETA at such of the times as aforesaid as are applicable or

201

 

 

immediately provide them with such otherETAs as Charterers may require.

 

 

202

 

4.3

The Master shall send messages by telex to the ETA Notify Parties advising the

203

 

 

Vessel's ETA at each discharge port, together with information as to the Vessel's

204

 

 

expected arrival draught on even keel, immediately upon the Vessel leaving the

205

 

 

final loading port and thereafter, where applicable, seven (7) days, seventy-two

206

 

 

(72), forty-eight (48) and

twenty-four (24) hours prior to the Vessel's ETA at

207

 

 

each discharge port or immediately provide the ETA Notify Parties with such

208

 

 

other ETAs as Charterers may require.

 

 

 

 

 

209

 

4.4

The Master

shall

also advise the ETA Notify Parties by

telex of

any variation

210

 

 

of more than six (6) hours in estimated times of arrival at the loading and/or

211

 

 

discharge ports.

 

 

 

 

 

 

 

212

 

4.5

Charterers may require Owners to provide them with copies of all telexes

213

 

 

(showing answerbacks) to be sent under this Clause

4

and

Owners

shall

214

 

 

promptly comply with such requirement.

 

 

 

 

 

215

5.

LOADING AND DISCHARGE PORT/SHIFTING

 

 

 

 

 

216

 

5.1

The Vessel shall be loaded and discharged at any port in accordance with

217

 

 

Charterers’ Voyage Orders. Beforeinstructing Owners to direct

the

Vessel to

218

 

 

any port, Charterers shall exercise due diligence, to ascertain that the Vessel can

219

 

 

always lie safely afloat at such

port, but Charterers do not warrant the safety of

220

 

 

any

port and

shall be under

no

liability

in respect thereof

except

 

for loss

221

 

 

or damage caused by Charterers’ failure to exercise due diligence.

 

 

 

222

 

5.2

Charterers shall

have the option

of instructing Owners to load the

Vessel at

223

 

 

more than one berth at each loading port and to discharge at

more

than one

224

 

 

berth

at each

discharge port in which event Owners shall, in the first instance,

225

 

 

pay

expenses

arising from any of the following movements

of the

Vessel:-

226

 

 

5.2.1

unmooring

at, and pilotage and towage off, the first loading or discharge

227

 

 

 

 

berth;

 

 

 

 

 

 

 

 

 

 

228

 

 

5.2.2

mooring

and unmooring at, and pilotage and towage on to and off, any

229

 

 

 

 

intermediate

loading or discharge berth; and

 

 

 

 

230

 

 

5.2.3

mooring

at, and pilotage and towage on to, the last loading or discharge

231

 

 

 

 

berth

 

 

 

 

 

 

 

 

 

 

232

 

 

Charterers shall reimburse Owners in respect of expenses properly incurred,

233

 

 

arising

from

any of the aforementioned movements, upon presentation by

234

 

 

Owners of all supporting invoices evidencing prior payment by Owners.

 

 

235

 

5.3

Charterers shall reimburse Owners in respect of any dues and/or other charges

236

 

 

incurred in excess of those which would have been incurred if all the cargo

237

 

 

required to be loaded or discharged at the particular port had been loaded or

238

 

 

discharged at

the

first berth

only.

Time used on account of shifting shall count

239

 

 

as laytime or, if the Vessel is on demurrage, as demurrage, except as otherwise

240

 

 

provided in Clauses 17 and 18.2.

 

 

 

 

 

 

 

241

 

5.4

For the purpose of the payment

of freight, the places grouped in the

section

242

 

 

"Port and Terminal Combinations", in the "New Worldwide Tanker Nominal

243

 

 

Freight Scale" as amended from time to time ("Worldscale"), shall be considered

244

 

 

as berths within a single port and Charterers shall pay shifting expenses in

245

 

 

accordance with the provisions of this Clause 5.

 

 

 

 

246

6.

NOTICE OF READINESS ("NOR")

 

 

 

 

 

 

 

247

 

6.1

Upon

arrival

of the Vessel at each loading or discharge port the Master or

248

 

 

Agents

shall

tender NOR to Charterers or to their order when the Vessel is

249

 

 

ready in all respects to carry out Charterers' orders in accordance with the

250

 

 

provisions of

this Charter.

Such

NOR may be tendered either

by letter, telex,

251

 

 

facsimile or telephone (but if NOR is tendered by facsimile or telephone it shall

252

 

 

subsequently

be

confirmed

promptly by

telex).

Owners

shall

 

provide

253

 

 

Charterers with an NOR Certificate signed by the Master and a Terminal

254

 

 

representative in respect of each port at which the Vessel loads or discharges.

 

255

6.2

NOR shall not be tendered, nor shall the Vessel proceed to berth, prior to the

256

 

 

Commencement Date stated in Section G of PART 1 without Charterers' prior

257

 

 

agreement in writing.

 

 

 

 

 

 

 

 

258

 

6.3

Notwithstanding tender of a valid NOR by the Vessel such NOR shall not be

259

 

 

effective, or become effective, for the purposes of calculating laytime, or if the

260

 

 

Vessel is on demurrage, demurrage unless and until the

following

 

conditions

261

 

 

have been met:-

 

 

 

 

 

 

 

 

262

 

 

6.3.1 in the case of the Vessel proceeding directly to the loading or discharging

263

 

 

place, she is securely moored and her gangway, if it is to be used, is in

264

 

 

place; or

 

 

 

 

 

 

 

 

265

 

 

6.3.2 in the case of the Vessel not berthing upon arrival and being instructed to

266

 

 

anchor, she has completed anchoring at an anchorage where

 

vessels of

267

 

 

her type customarily anchor at the port or, if she has been instructed to

268

 

 

wait, she has reached the area within the port where vessels of her type

269

 

 

customarily wait; and

 

 

 

 

 

 

 

 

270

 

 

6.3.3 free pratique has been granted or is granted within six (6) hours of the

271

 

 

Master tendering NOR. If free pratique is not granted within six (6) hours

272

 

 

of the Master tendering NOR, through no fault of Owners, Agents, or

273

 

 

those on board the Vessel, the Master shall issue a protest in writing

274

 

 

("NOP") to the port authority and the facility at the port ("Terminal")

275

 

 

failing which laytime or, if the Vessel is on demurrage, demurrage shall

276

 

 

only commence when free

pratique

has

been granted;

and

277

 

 

6.3.4 in the case of calls at US ports, a US Coast Guard Tanker Vessel

278

 

 

Examination Letter ("TVEL") has been issued, or in the case of calls at

279

 

 

non-US ports where any similar certificate is required to be issued by a

280

 

 

state authority at those ports prior to loading or discharging

of cargo,

281

 

 

such certificate has been issued.

 

 

 

 

 

 

 

 

282

7.

LAYTIME/DEMURRAGE

 

 

 

 

 

 

 

 

283

 

7.1

Charterers shall be allowed the number of hours stated in Section I of PART 1,

284

 

 

together with any period of additional laytime arising under Clause 7.3.1, as

285

 

 

laytime for loading and discharging and for any other purposes of Charterers in

286

 

 

accordance with the provisions of this Charter.

 

 

 

 

 

 

 

287

 

7.2

Sundays and holidays shall be included in respect of laytime for loading and

288

 

 

discharging, unless loading or discharging on

the

Sunday or holiday

in question

289

 

 

is prohibited by law or regulation at the loading or discharge port.

 

Charterers

290

 

 

shall have the right to require the Vessel

to

load and

discharge

during

the

291

 

 

night, unless loading or discharging at

night

is

prohibited

by law or

regulation

292

 

 

at the loading or discharge port.

 

 

 

 

 

 

 

 

293

7.3

Subject as provided elsewhere in this Charter:-

294

 

 

7.3.1

laytime for the

purposes of loading shall not commence before 0600

295

 

 

 

hours local time on the Commencement Date stated in Section G of PART

296

 

 

 

1, unless with Charterers' prior agreement in writing, in which event

297

 

 

 

laytime shall commence when the Vessel commences

loading.

If the

298

 

 

 

Vessel, with Charterers' prior agreement in writing, has commenced

299

 

 

 

loading prior to 0600 hours local time on the Commencement Date, then

300

 

 

 

the time from the commencement of loading to 0600 hours local time on

301

 

 

 

the Commencement Date shall constitute additional laytime.

 

302

 

 

7.3.2

Laytime or, if the Vessel is on demurrage, demurrage shall commence, at

303

 

 

 

each loading and each discharge port, upon the expiry of six (6) hours

304

 

 

 

after a valid NOR has become effective as determined under Clause 6.3,

305

 

 

 

berth

or no berth, or when the Vessel commences loading, or

306

 

 

 

discharging, whichever first occurs.

 

 

307

 

 

7.3.3

Laytime or, if the Vessel is on demurrage, demurrage shall run until the

308

 

 

 

cargo

hoses have been finally disconnected upon completion of loading

309

 

 

 

or discharging, and the Master shall procure that hose disconnection is

310

 

 

 

effected promptly; provided always that if the Vessel

is detained solely

311

 

 

 

for the purposes of awaiting cargo documents at loadport for more than

312

 

 

 

three (3) hours beyond the final disconnection of cargo hoses, laytime or

313

 

 

 

if the Vessel is on demurrage, demurrage shall recommence after such

314

 

 

 

period of three (3) hours and terminate upon the completion of cargo

315

 

 

 

documentation.

If, after completion of loading or discharging, the Vessel

316

 

 

 

is required to proceed to an anchorage for Charterers' purposes, then the

317

 

 

 

time

spent moving from the berth to the anchorage shall not

count as

318

 

 

 

part of the period of three (3) hours referred to above or as laytime or, if

319

 

 

 

the Vessel is on demurrage, as demurrage.

 

 

320

 

7.4

Charterers shall pay demurrage at the rate stated in Section J of PART 1 per

321

 

 

running

day,

and pro rata for part of a running day, for all

time that loading

322

 

 

and discharging and any other time counting as laytime exceeds laytime under

323

 

 

this Clause 7. If, however, demurrage is incurred by reason of the causes

324

 

 

specified in

Clause 17,

the rate of demurrage shall be reduced to one-half of

325

 

 

the rate stated in Section J of PART 1 per running day, or pro rata for part of a

326

 

 

running day, for demurrage so incurred.

 

 

327

8.

CARGO TRANSFERS

 

 

 

328

 

8.1

Charterers shall have the option of transferring the whole or part of the cargo

329

 

 

(which shall include topping-off and lightening) to or from any other vessel

330

 

 

including, but not limited to, an ocean-going vessel, barge and/or lighter (the

331

 

 

“Transfer Vessel”). Such transfers may take place at an

In-port

Transfer

332

 

 

Position, an

Additional

Port Transfer Position and/or a Transshipment Area,

333

 

 

which

terms

shall have the following meanings when used

in this

Charter:-

334

 

 

8.1.1

“In-port Transfer Position”:-

 

 

335

 

 

 

A position within a nominated loading or discharge

port within the

336

 

 

Ranges stated in Sections E and F of PART 1 where part of the cargo is

337

 

 

transferred to or from a Transfer Vessel, provided that cargo operations

338

 

 

other than transfers to or from Transfer Vessels

also take place

within

339

 

 

this port.

 

 

 

 

 

 

 

 

 

 

340

 

8.1.2 “Additional Port Transfer Position”:-

 

 

 

 

 

 

 

 

 

341

 

 

A position at a port in the Ranges stated in Sections E and F of PART 1,

342

 

 

or en route thereto, where part of the cargo is transferred to or from a

343

 

 

Transfer Vessel, provided that the only cargo operations taking place at

344

 

 

this port are transfers to or from Transfer Vessels, but the position is not

345

 

 

the first or sole loading position or last or sole discharge position under

346

 

 

this Charter.

 

 

 

 

 

 

 

 

 

 

347

 

8.1.3

“Transshipment Area”:-

 

 

 

 

 

 

 

 

 

348

 

 

A position at a port in the Ranges stated in Sections E and F of PART 1,

349

 

 

where the whole or part of the cargo is transferred to or from a Transfer

350

 

 

Vessel, provided that the only cargo operations taking place at this port

351

 

 

are transfers to or from Transfer Vessels, and the position is the first or

352

 

 

sole loading position or last or sole discharge position under this Charter.

 

353

 

All transfers of cargo to or from Transfer Vessels shall be carried out in

354

 

accordance with the recommendations set out in the latest edition of the

355

 

"ICS/OCIMF Ship to Ship Transfer Guide (Petroleum)".

Owners

undertake that

356

 

the Vessel and her crew shall comply with such

recommendations,

and

357

 

similarly Charterers undertake that the Transfer Vessel and her

crew

shall

358

 

comply

with such recommendations. Charterers shall provide and pay for

all

359

 

necessary equipment including suitable fenders and

cargo hoses.

Charterers

360

 

shall have the right, at

their expense,

to

appoint

supervisory

personnel

to

361

 

attend on board the Vessel, including a mooring

master, to assist

in

such

362

 

transfers of cargo.

 

 

 

 

 

 

 

 

 

 

363

8.2

In-port Transfer Position.

 

 

 

 

 

 

 

 

 

 

364

 

An In-port Transfer Position shall not constitute

an

additional

loading

or

365

 

discharge port for the purposes of calculating freight and the freight rate for the

366

 

voyage shall be the same as if no cargo transfer

at such In-port Transfer

367

 

Position had taken place.

If the Vessel moves from an In-port Transfer Position

368

 

to berth, or vice versa, such movement shall not

be

deemed

to

 

constitute

369

 

shifting under Clause 5. Charterers shall reimburse

Owners for

any

additional

370

 

port costs incurred by Owners in complying with Charterers’ instructions under

371

 

this Clause 8.2.

 

 

 

 

 

 

 

 

 

 

372

 

Subject to the exceptions and exclusions of laytime and/or demurrage found

373

 

elsewhere in this Charter, including but not limited

to those under Clauses 17

374

 

and 18, the time used at

an In-port Transfer Position

shall count as laytime or,

375

 

if the Vessel is on demurrage, as demurrage. If an In-port Transfer

Position is

376

 

the first position at which loading or discharge takes place within that port then

377

 

laytime shall commence in accordance with Clauses 7.3.1 and 7.3.2.

 

If an

In-

378

 

port Transfer Position is

the last position

at

which

loading or discharge

takes

379

 

place within that port then laytime shall end when unmooring

has

been

380

 

completed and fenders have been removed from the Vessel.

 

 

 

 

 

 

381

8.3

Additional Port Transfer Position.

 

 

 

 

 

 

 

 

382

 

Except for the purposes of calculating laytime and/or demurrage, the Additional

383

 

Port Transfer Position shall not constitute

an

additional loading

or

discharge

384

 

port and the freight rate for the voyage shall be the same as if no cargo transfer

385

 

at such Additional Port Transfer Position had taken place.

 

 

 

 

 

 

386

 

Subject to the exceptions and exclusions of laytime and/or demurrage found

387

 

elsewhere

in this Charter (save that the provisions of Clause 18.1

shall

not

388

 

apply to this Clause 8.3), the time used at an Additional Port Transfer Position

389

 

shall count as laytime or, if the Vessel is on demurrage, as demurrage.

Laytime

390

 

or, if the Vessel is on demurrage, demurrage, shall commence when a

valid

391

 

NOR has been tendered at the Additional Port Transfer Position

and

has

392

 

become effective as determined under Clause 6.3, and

shall

end

when

393

 

unmooring has been completed and fenders have been removed

from

the

394

 

Vessel. For this purpose Charterers shall not have the benefit of

the

period

of

395

 

six (6) hours provided in Clause 7.3.2.

 

 

 

 

 

 

 

 

396

 

Any additional period by which the steaming time taken to reach

the

next

397

 

loading or discharge port via an Additional Port Transfer Position exceeds the

398

 

time that should have been taken had the Vessel proceeded to the next port

399

 

directly shall count as laytime or, if the Vessel is on demurrage, as demurrage.

 

 

400

 

Such additional period shall be the time required for the Vessel to steam the

401

 

additional distance at the average speed actually achieved by the Vessel during

402

 

the voyage or the Charter Speed as stated in Section B.25 of PART 1, whichever

403

 

is the higher.

 

 

 

 

 

 

 

 

 

 

404

 

Charterers

shall

pay Owners

for additional

bunkers

consumed

for

steaming

405

 

the additional distance at the price paid by Owners, net of all discounts and

406

 

rebates, for the last bunkers lifted.

 

 

 

 

 

 

 

 

 

407

 

Charterers shall reimburse Owners for any additional port costs incurred by

408

 

Owners in complying with Charterers’ instructions under this Clause 8.3.

 

 

 

409

8.4

Transshipment Area.

 

 

 

 

 

 

 

 

 

410

 

A Transshipment Area shall be deemed to be a port for the purposes of

411

 

calculating freight and the freight rate for the voyage shall be the rate as

412

 

published

in Worldscale for the relevant Transshipment Area.

If

a rate is

not

413

 

already published for the relevant Transshipment Area the rate shall be the rate

414

 

determined by Worldscale on the application of either party.

 

 

 

 

 

415

 

Subject to the exceptions and exclusions of laytime and/or demurrage found

416

 

elsewhere

in this Charter, including but not limited to those

under Clauses

17

417

 

and 18, the time used at a Transshipment Area shall count as laytime or, if the

418

 

Vessel is

on

demurrage, as

demurrage.

Laytime

or, if

the

Vessel

is

on

419

 

demurrage, demurrage, shall commence and end in accordance with Clause 7.3.

 

 

420

9.

DOCUMENTATION

 

 

 

 

 

 

 

 

421

 

9.1

Owners undertake that for the duration of this Charter the Vessel shall have on

422

 

 

board all such valid documentation as may, from time to time, be required to

423

 

 

enable the Vessel to enter, carry out all

required operations at, and leave,

424

 

 

without let or hindrance, all ports to which

the Vessel may be directed under

425

 

 

the

terms

of this Charter and Owners

hereby expressly undertake that:-

426

 

 

9.1.1

they shall be responsible for any loss, damage,

delay, cost or expense;

427

 

 

 

and

 

 

 

 

 

 

 

 

 

428

 

 

9.1.2

time shall not count as laytime or, if the Vessel is on demurrage, as

429

 

 

 

demurrage, during any period in which the Vessel is not fully and freely

430

 

 

 

available to Charterers,

 

 

 

 

 

 

 

431

 

 

as a result of action, or the threat thereof, taken against

her by any government,

432

 

 

government

organisation,

competent authority,

person

or

organisation,

owing

433

 

 

to her flag, failure to have on board valid documentation as aforesaid or any

434

 

 

dispute relating to the wages, or crew employment policy of Owners or to the

435

 

 

condition of the Vessel or her equipment.

 

 

 

 

 

 

436

10.

DRUGS AND ALCOHOL POLICY

 

 

 

 

 

 

 

437

 

10.1

Owners undertake that they have, and shall maintain for the duration of this

438

 

 

Charter, a policy on Drugs and Alcohol Abuse applicable to the Vessel (the "D

439

 

 

& A Policy") that meets or exceeds the standards in the OCIMF Guidelines for

440

 

 

the Control of Drugs and Alcohol Onboard Ship 1995 as amended from time to

441

 

 

time.

 

 

 

 

 

 

 

 

 

 

442

 

10.2

Owners shall exercise due diligence to ensure that the D & A Policy is

443

 

 

understood and complied with on and about

the

Vessel.

An actual impairment,

444

 

 

or any test finding of impairment, shall not in and of itself mean that Owners

445

 

 

have failed to exercise due diligence.

 

 

 

 

 

 

446

 

10.3

Owners undertake that to the best of their knowledge, information and belief,

447

 

 

having made due inquiry, neither the Master, nor any

officer or crew member

448

 

 

has any un-spent convictions whatsoever concerning drug or alcohol abuse.

 

449

11.

CLEANING OF VESSEL'S TANKS, PUMPS AND PIPELINES

 

 

 

450

 

Without prejudice to Clause 1, Owners shall exercise due diligence to ensure that the

451

 

Vessel

presents for loading with her tanks, pumps

and pipelines properly cleaned to

452

 

the satisfaction of

any inspector appointed by or

on

behalf of

Charterers and

ready

453

 

for loading the cargo described in Sections C and

D of PART 1. Any time used to

454

 

clean

tanks,

pumps

and pipelines to

Charterers'

inspector's satisfaction shall not

count

455

 

as laytime or, if the Vessel is

on

demurrage,

as

demurrage and shall, together with

456

 

any costs incurred in the foregoing operations, be for Owners' account.

 

 

457

12.

INERT GAS SYSTEM ("IGS")

 

 

 

 

 

 

 

 

 

458

 

12.1

Owners undertake that the Vessel is equipped with a fully functional IGS which

459

 

 

is in full working order, and is or is capable of being fully operational on the

460

 

 

date hereof and that they shall so maintain the IGS for the duration of this

461

 

 

Charter, and that the Master, officers and crew are properly qualified (as

462

 

 

evidenced by appropriate certification) and experienced in, the operation of the

463

 

 

IGS.

Owners further undertake that the Vessel shall arrive

at the

loading

port

464

 

 

with her cargo tanks fully inerted and that such tanks shall remain so inerted

465

 

 

throughout the voyage and

the subsequent discharging of the cargo. Any time

466

 

 

lost owing to deficient or improper operation of the IGS shall

not count as

467

 

 

laytime or, if the Vessel is on demurrage, as demurrage.

 

 

 

 

 

 

468

 

12.2

The Vessel's IGS shall fully comply with Regulation 62, Chapter II-2 of the

469

 

 

SOLAS Convention 1974 as modified by its Protocol of 1978 and any

470

 

 

subsequent amendments and Owners undertake that

the IGS shall be operated

471

 

 

by the Master, officers and crew in accordance with

the operational

procedures

472

 

 

as set out in the IMO publication entitled "Inert Gas Systems" (IMO 860E) as

473

 

 

amended from time to time.

 

 

 

 

 

 

 

 

 

474

 

12.3

If Charterers so require, Owners shall arrange for the Vessel's tanks to be de-

475

 

 

pressurised to facilitate gauging and sampling or to

be de-inerted or gas freed

476

 

 

to facilitate inspection, in each case in accordance with the

operational

477

 

 

procedures referred to in Clause 12.2.

Any time taken to

de-pressurise, gauge,

478

 

 

sample and re-pressurise, or to de-inert or gas

free, inspect and re-inert

479

 

 

thereafter shall count as laytime or, if the Vessel is

on

demurrage,

as

480

 

 

demurrage.

 

 

 

 

 

 

 

 

 

481

13.

CLOSED CARGO OPERATIONS

 

 

 

 

 

 

 

 

 

482

 

13.1

Owners undertake that the Vessel complies with, and shall be operated for the

483

 

 

duration of this Charter in accordance with, the

recommendations

regarding

484

 

 

closed loading and closed discharging operations as set out

in the

1996 Edition

485

 

 

of ISGOTT as amended from time to time.

 

 

 

 

 

 

 

 

486

 

13.2

If the Vessel has closed sampling equipment, such

equipment

shall be used,

487

 

 

when appropriate, during this Charter.

 

 

 

 

 

 

 

 

488

14.

OILY RESIDUES/CLEAN BALLAST

 

 

 

 

 

 

 

 

489

 

14.1

The Vessel shall arrive at the loading port with clean ballast as defined in

490

 

 

Regulation 1 (16) of Regulations for the Prevention of Pollution by Oil in Annex

491

 

 

1 of

MARPOL unless otherwise agreed.

Owners shall instruct

the

Master to

492

 

 

retain on board all oily residues of a persistent nature remaining in the Vessel

493

 

 

from

the previous cargo.

The Master

shall, during

tank

washing,

collect

the

494

 

 

resultant slops into one cargo tank and after maximum separation of the free

495

 

 

water,

discharge the water

so separated

overboard.

Upon

completion of

this

496

 

operation the Master shall notify Charterers by telex of the origin and estimated

497

 

tonnage of the slops remaining in the said cargo tank, giving

a

separate

498

 

estimated quantity for

both

oil and water.

The Master shall further advise

499

 

whether

during

deballasting

operations

it

will

be

necessary

to

transfer

any

500

 

quantity of ballast water into

the cargo

tank

containing

slops.

The

Master

shall

501

 

minimise the quantity of water retained which in any event shall not exceed

502

 

0.15% of the Vessel's current summer deadweight tonnage.

In

discharging

all

503

 

water separated

as aforesaid

the Master shall comply with the requirements of

504

 

the International Convention for the Prevention of Pollution from Ships 1973, as

505

 

amended by its Protocol of 1978 (MARPOL 73/78), insofar as these do not

506

 

conflict with any applicable law.

 

 

 

 

 

 

 

 

 

 

 

 

 

507

14.2

Upon the Vessel's arrival at

the loading port the Master, in conjunction with

508

 

cargo suppliers, shall arrange for the quantity of all segregated slops to be

509

 

measured (inclusive of any ballast water) and shall make a note in the Vessel's

510

 

ullage record of the quantity

so measured.

The

Master

shall

provide

Charterers

511

 

with a slops certificate countersigned by a Terminal representative.

 

 

 

 

 

 

 

512

14.3

Without prejudice to the provisions of Clause 3.2 Charterers shall be entitled to

513

 

instruct

Owners

to load the cargo on top of slops

from

previous

voyages and

514

 

to discharge such slops together with the

cargo loaded

hereunder,

in which

515

 

case freight shall be paid under Clause 31 at 50% of the Freight Rate stated in

516

 

Section H of PART 1 on the net oil quantity of slops, up to a tonnage

517

 

equivalent to 1% of the Vessel's summer deadweight; otherwise no freight shall

518

 

be payable on slops.

Notwithstanding the foregoing,

if

the provision

for freight

519

 

for the voyage is on a lump sum basis then Charterers shall have no liability to

520

 

pay freight on slops. Irrespective of whether Charterers exercise their right to

521

 

determine the disposal of slops, nothing herein shall give, or be construed as

522

 

giving, Owners permission to contravene any applicable laws, conventions or

523

 

regulations regarding the discharge of slops or oily residues.

 

If

Charterers

524

 

instruct Owners to discharge slops ashore at a loading

port

where

slop

525

 

reception facilities are available, the time used for discharging slops shall not

526

 

count against laytime or, if the Vessel is on demurrage, as demurrage and all

527

 

expenses incurred shall be for Owners' account.

 

 

 

 

 

 

 

 

 

 

 

 

528

 

If a Terminal representative

insists that ballast is discharged ashore and, as a

529

 

result thereof, a freight differential in Worldscale applies, Charterers shall not be

530

 

liable to pay the freight differential but, in

lieu

thereof,

shall

reimburse

Owners

531

 

in respect of the cost actually incurred by them, upon receipt by

Charterers

of

532

 

full supporting

documentation

from Owners.

Charterers shall

only

be

liable

to

533

 

reimburse Owners for quantities of ballast discharged up to a maximum

534

 

equivalent to 30% of the Vessel's current summer deadweight.

 

 

 

 

 

 

 

 

535

14.4

Charterers shall have no liability to pay deadfreight to Owners pursuant to this

536

 

Clause

14 unless Charterers

have initially instructed Owners to load the cargo

537

 

on top of slops but have

subsequently

instructed

Owners

to

keep

slops

538

 

segregated.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

539

15.

AGENCY

 

 

 

 

 

 

 

540

 

Charterers shall nominate Agents at loading

and discharge ports

but

such Agents

shall

541

 

be employed, instructed and paid by Owners.

 

 

 

 

 

542

16.

CANCELLATION

 

 

 

 

 

 

 

543

 

16.1

Time shall be of the essence in relation to the arrival of the Vessel at the first

544

 

 

loading port under this Charter.

Owners undertake to advise Charterers

545

 

 

promptly if at any time Owners or the Master have reason to believe that the

546

 

 

Vessel may not arrive at the first loading port by the Cancelling Date stated in

547

 

 

Section G of PART 1 or by any new cancelling date determined under this

548

 

 

Clause 16.

 

 

 

 

 

 

 

549

 

16.2

If the Vessel is not ready to load by the Cancelling Date stated in Section G of

550

 

 

PART 1 or by any new cancelling date determined under this Clause 16

551

 

 

Charterers shall have the option of cancelling this Charter which option shall be

552

 

 

exercisable within forty-eight (48) hours after the Cancelling Date or any new

553

 

 

cancelling date determined under this Clause 16.

 

 

 

 

554

 

16.3

If at any time it appears to Charterers that the Vessel's arrival at the first loading

555

 

 

port will be delayed beyond the Cancelling Date,

or

beyond

any

new

556

 

 

cancelling

date determined

under

this Clause 16, Charterers may require

557

 

 

Owners to notify Charterers in writing of the date and time that they expect the

558

 

 

Vessel to be ready to load. In

such case, Owners shall provide such

559

 

 

information in writing within twelve (12) hours of Charterers' request.

 

 

560

 

 

If the date and time so notified by Owners falls after the Cancelling Date then

561

 

 

Charterers shall have the option of cancelling this Charter which option shall be

562

 

 

exercisable within ninety-six (96) hours (Sundays and holidays excepted) of receipt of

563

 

 

the said notice from Owners or

within forty-eight

(48)

hours

after

the

564

 

 

Cancelling Date, whichever is earlier.

 

 

 

 

 

565

 

 

If Charterers do not exercise their option to cancel this Charter then the new

566

 

 

cancelling date for the purpose of

this Clause 16 shall be twelve (12) hours

567

 

 

after the date and time notified by Owners, or such other date and time as may

568

 

 

be mutually agreed.

 

 

 

 

 

 

569

 

16.4

If Owners fail, or fail timeously, to respond in writing to Charterers when

570

 

 

required to do so under Clause 16.3, Charterers shall have the option of

571

 

 

cancelling this Charter, which option shall be exerciseable within ninety-six (96)

572

 

 

hours (Sundays and holidays excepted) after the period allowed for Owners’

573

 

 

response under Clause 16.3.

 

 

 

 

 

 

574

 

16.5

Whether or not Charterers exercise their option to cancel this Charter shall be

575

 

 

entirely without prejudice to any claim for damages which Charterers may have

576

 

 

in respect of the Vessel not being ready to load by the Cancelling Date stated in

577

 

 

Section G

of PART 1 or

by any

new cancelling date

determined

under

this

578

 

 

Clause 16.

 

 

 

 

 

 

 

 

 

 

579

 

16.6

Where the Vessel arrives after the Cancelling Date, or if the Vessel arrives by or

580

 

 

after any new cancelling date determined under this Clause 16, laytime shall

581

 

 

commence either when the Vessel commences

loading

or

twenty-four

(24)

582

 

 

hours after tendering of a valid NOR that

has become effective under Clause

583

 

 

6.3, whichever first occurs.

However,

where the

arrival of

the

Vessel after

the

584

 

 

Cancelling Date, or after the new cancelling date as the case may be, results

585

 

 

solely from Charterers' instructions under Clause

22.1, laytime

shall commence

586

 

 

in accordance with the provisions of Clauses 7.3.1 and 7.3.2.

 

 

 

 

 

587

17.

HALF LAYTIME/HALF DEMURRAGE/FORCE MAJEURE

 

 

 

 

 

588

 

Any

delay arising from adverse tidal conditions

which could not reasonably have

589

 

been

predicted,

adverse weather,

adverse sea

state conditions, blockage

of access to

590

 

a port due to casualty or wreck, fire, explosion,

breakdown or failure of equipment,

591

 

plant or machinery in or about any loading or discharge port, Act of God, act of war,

592

 

labour dispute, strike, riot, civil commotion, or arrest or restraint of princes, rulers or

593

 

peoples shall count as one half

laytime or, if

the

Vessel is on demurrage, at one half

594

 

of the demurrage rate provided always that the cause of the delay was not within the

595

 

reasonable control of Charterers or Owners, as the case may be, or their respective

596

 

servants or agents.

 

 

 

 

 

 

 

 

 

 

597

18.

SUSPENSION OF LAYTIME/DEMURRAGE

 

 

 

 

 

 

 

 

598

 

18.1

Time shall not count against laytime or, if the Vessel is on demurrage, as

599

 

 

demurrage when spent or lost:-

 

 

 

 

 

 

 

 

600

 

 

18.1.1

on an inward passage, including awaiting daylight, tide, opening of

601

 

 

 

locks, pilot or tugs or moving

from an anchorage, even if topping

602

 

 

 

off and/or lightening has taken place at that anchorage, until the

603

 

 

 

Vessel is securely moored and the Vessel's gangway, if it is to be

604

 

 

 

used, is in place at the berth or other loading or discharge port as

605

 

 

 

ordered by Charterers;

 

 

 

 

 

 

 

 

606

 

 

18.1.2

on an outbound passage to an In-port Transfer

Position,

which

607

 

 

 

passage shall be deemed to commence upon the disconnection of

608

 

 

 

cargo hoses and end upon the Vessel’s arrival

at

such

In-port

609

 

 

 

Transfer position; or

 

 

 

 

 

 

 

 

610

 

 

18.1.3

as a result of a labour dispute, or strike, involving tugs or pilots.

 

 

611

 

18.2

Nor shall time count against laytime or,

if the

Vessel

is on

demurrage, as

612

 

 

demurrage when spent or lost:-

 

 

 

 

 

 

 

 

613

 

 

18.2.1

as a result, whether directly or indirectly, of breakdown, defect,

614

 

 

 

deficiency or

inefficiency

of,

or other cause attributable to, the

615

 

 

 

Vessel, Master,

officers, crew,

Owners or their servants or

agents;

616

 

 

18.2.2

as a result of a labour dispute, or strike, involving

the

Master,

617

 

 

 

 

officers or crew of the Vessel;

 

 

 

 

 

 

618

 

 

18.2.3

in,

or

in connection with, the handling

of ballast

unless

this

is

619

 

 

 

 

carried

out concurrently with loading or discharging of cargo such

620

 

 

 

 

that no loss of time is involved;

 

 

 

 

 

 

621

 

 

18.2.4

in, or in connection with, the discharging of slops unless the

622

 

 

 

 

discharging is carried out concurrently with loading

or

discharging

623

 

 

 

 

of cargo such that no loss of time is involved; or

 

 

 

 

 

624

 

 

18.2.5

in cleaning tanks, pumps and pipelines under Clause 11.

 

 

 

 

 

625

 

18.3

Nothing

contained

in this Clause 18 shall be affected by the

provisions

of

626

 

 

Clause 38.

 

 

 

 

 

 

 

 

627

19.

PART A. LOADING AND DISCHARGE OF CARGO

 

 

 

 

 

 

628

 

19.1

For the purposes of this Clause 19:-

 

 

 

 

 

 

629

 

 

"full cargo"

 

shall mean the quantity of cargo stated in Section C of PART 1

630

 

 

 

 

 

 

or the total cargo actually loaded as ascertained by adding

631

 

 

 

 

 

 

together the quantities of cargo loaded under each Bill of

632

 

 

 

 

 

 

Lading issued under this Charter, whichever is the greater;

633

 

 

"part cargo"

 

shall mean either the total cargo actually loaded, if less than

634

 

 

 

 

 

 

the quantity stated in Section C of PART 1, or the quantity of

635

 

 

 

 

 

 

each parcel loaded or discharged separately,

as

the

context

636

 

 

 

 

 

 

may require;

 

 

 

 

 

 

637

 

 

"bulk

discharge"

shall mean the period of time taken by

the

Vessel

to

638

 

 

 

 

 

 

discharge the full cargo or part cargo, as the case may be,

639

 

 

 

 

 

 

excluding any time during which only tank stripping and/or

640

 

 

 

 

 

 

crude oil washing operations are being performed.

 

 

 

 

 

641

 

19.2

The

cargo shall

be pumped into the Vessel at the expense and risk of

642

 

 

Charterers and pumped out of the Vessel at the expense and risk of Owners, in

643

 

 

each case only as far as the Vessel's manifold.

 

 

 

 

 

 

644

 

 

Owners

shall,

if

requested, make available the personnel, equipment and

645

 

 

facilities on board the Vessel which are required for the connection and

646

 

 

disconnection of hoses for loading and discharging.

Any delay

resulting

from

647

 

 

the failure by Owners to provide such personnel, equipment and facilities shall

648

 

 

not count as laytime or, if the Vessel is on demurrage, as demurrage.

The

649

 

 

Master may require shore supervision of, and approval for, the connection and

650

 

 

disconnection of hoses.

 

 

 

 

 

 

651

19.3

Owners undertake that:-

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

652

 

19.3.1

the Vessel shall load cargo at the maximum safe rate and in any

653

 

 

event

shall

load

a full

cargo within a

maximum

period

of

twenty

654

 

 

-four (24) hours, or pro-rata in the case of a part cargo, provided

655

 

 

always

that

 

the

cargo

is

capable

of

being

supplied

within

such

656

 

 

time; and

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

657

 

19.3.2

the

Vessel

shall

discharge cargo at the maximum safe rate

and

in

658

 

 

any event shall, in the case of cargoes of one or more segregated

659

 

 

grades/parcels

discharged

concurrently

or

consecutively,

discharge

660

 

 

a full cargo within twenty-four (24) hours,

 

or pro rata in the

case

of

661

 

 

a part cargo, or shall maintain a minimum discharge pressure

of

662

 

 

seven

(7)

bar

at the Vessel's manifold throughout

the

bulk

663

 

 

discharge provided always that the cargo is capable

of

being

664

 

 

received

within

such time or at such pressure.

 

If

restrictions

 

are

665

 

 

imposed

by

the

Terminal during discharge, or if

 

physical

attributes

666

 

 

of the Terminal restrict the discharge rate or pressure, Owners shall

667

 

 

only

 

be

relieved

of the aforesaid obligation for the period

and

to

668

 

 

the

extent such

restrictions

or attributes

impede

the discharge

rate

669

 

 

or pressure.

 

The Terminal

shall have

the right

to

gauge

discharge

670

 

 

pressure at the Vessel's manifold.

 

 

 

 

 

 

 

 

 

 

 

 

 

671

19.4

Any additional time used as a result of the inability of the Vessel to

discharge

672

 

the full cargo within twenty-four (24) hours, or pro rata in the case of a part

673

 

cargo, or to maintain a minimum discharge pressure of seven (7) bar at the Vessel's

674

 

manifold throughout the discharge or

failure

by

the

Vessel

to

meet

any

675

 

lesser performance required pursuant to a restriction imposed by the Terminal,

676

 

shall be for Owners' account and shall not count as laytime or, if the

Vessel is

677

 

on demurrage, as demurrage.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

678

19.5

In the case of multiple grades of cargoes where

 

the

total

time

taken

to

679

 

discharge the full cargo is

in excess of twenty-four (24) hours (or pro

rata

in

680

 

the case of a part cargo) and the Vessel fails to maintain a minimum discharge

681

 

pressure of seven (7) bar throughout the discharge, each grade carried will be

682

 

assessed separately as follows:-

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

683

 

19.5.1

The

 

twenty-four

(24)

hours’ allowance

(pro

rated

in

the case

of

684

 

 

a part cargo) plus the appropriate crude

 

oil

washing

allowance,

if

685

 

 

any, calculated in accordance with Clause 19.8,

shall

 

be

686

 

 

apportioned

to each

grade,

which

is

discharged

consecutively,

in

687

 

 

the ratio that the quantity of that grade discharged bears to the total

688

 

 

quantity of all grades of cargo discharged consecutively.

This

ratio

689

 

 

shall be calculated by dividing the quantity of each grade that is

690

 

 

discharged consecutively by the aggregate

bill of

lading

quantities

691

 

 

for all grades discharged consecutively.

 

For

the

purposes

of

this

692

 

 

apportionment, where two (2) or more grades are discharged

693

 

 

concurrently,

the

quantities

so discharged

 

shall

be

aggregated

and

694

 

 

 

treated as one grade.

 

 

 

 

 

 

 

 

695

 

 

19.5.2

The allowance apportioned to each grade pursuant to Clause 19.5.1

696

 

 

 

shall then be offset against the total time actually taken to discharge

697

 

 

 

that

grade.

Any excess time will not count

against

used

laytime

or,

698

 

 

 

if the Vessel is on demurrage, as demurrage.

However, if

the

699

 

 

 

Vessel maintains a minimum discharge pressure of seven (7) bar

700

 

 

 

throughout the bulk discharge of a particular

grade

then the time

701

 

 

 

taken to discharge that grade will count in full

against

used laytime

702

 

 

 

or, if the Vessel is on demurrage, as demurrage.

 

 

 

 

 

 

 

703

 

19.6

If the full cargo cannot be delivered to the Vessel at the rate requested by the

704

 

 

Master or within the time allowed in Clause 19.3.1 or if the Terminal is unable

705

 

 

to receive the full cargo within twenty-four (24) hours or

at

a

discharge

706

 

 

pressure of seven (7) bar measured at the Vessel's manifold, the Master shall

707

 

 

present a Note of Protest (“NOP”) to a Terminal representative detailing any

708

 

 

Terminal restrictions and/or deficiencies as soon as they are imposed and/or

709

 

 

become apparent and shall use all reasonable endeavours to have

the NOP

710

 

 

signed

by the

Terminal representative.

If the Master

is unable

to obtain a

711

 

 

signature from the Terminal representative he shall present a further NOP

712

 

 

recording the failure of the Terminal representative to sign the original NOP.

In

713

 

 

the case of restrictions imposed by the Terminal or arising from physical

714

 

 

attributes of the Terminal, the Master shall ensure that

such

restrictions

are

715

 

 

clearly recorded in the Vessel's Pumping Log.

 

 

 

 

 

 

 

716

 

19.7

No claim by Owners in respect of additional time used in the cargo operations

717

 

 

carried out under this Clause 19 shall be considered by Charterers unless it is

718

 

 

accompanied by the following supporting documentation:-

 

 

 

 

 

 

 

719

 

 

19.7.1

the Vessel's Pumping Log signed by a senior

officer of

the Vessel

720

 

 

 

and a Terminal representative showing at

hourly

intervals

the

721

 

 

 

pressure maintained at the Vessel's manifold throughout the cargo

722

 

 

 

operations; and

 

 

 

 

 

 

 

 

723

 

 

19.7.2

copies of all NOPs issued, or received, by the Master in connection

724

 

 

 

with the cargo operations; and

 

 

 

 

 

 

 

 

725

 

 

19.7.3

copies of

all other documentation maintained

by

those

on board

726

 

 

 

the Vessel or by the Terminal in connection with the cargo operations.

 

727

 

 

 

operations.

 

 

 

 

 

 

 

 

 

728

19.

PART B. CRUDE OIL WASHING AND STRIPPING

 

 

 

 

 

 

 

729

 

19.8

Owners undertake that the Vessel is equipped with a fully functional Crude Oil

730

 

 

Washing System and that the officers and crew are properly qualified (as

731

 

 

evidenced by appropriate certification) and experienced

in

the

operation

of

732

 

 

such system.

Whilst

Charterers may

instruct Owners

to

carry

out

additional

733

 

 

crude

oil washing in all tanks that contained the cargo

the

Master

shall, in

any

734

event, arrange for crude oil washing of the cargo tanks at the discharge port to

735

the MARPOL minimum standard, as set out in the Vessel's Crude Oil Washing

736

Operation and Equipment Manual.

 

 

 

 

 

737

When the Vessel carries out crude oil washing to the MARPOL minimum

738

standard, in the absence of instructions from Charterers to carry out additional

739

crude

oil

washing,

there

shall be no

increase in the

time allowed for discharge

740

of the

cargo.

If

Charterers

instruct Owners to carry out additional crude oil

741

washing then the period referred to in Clauses 19.3.2

or 19.5, as the case may

742

be, shall be increased by twenty-five per cent (25%).

 

743

Owners shall carry out crude oil washing

concurrently with discharge of the

744

cargo

and

the

Master shall

provide a crude oil washing log identifying each

745

tank washed, and stating whether such tank has been washed to the MARPOL

746

minimum standard or has been the subject of additional crude oil washing.

747

19.9 Owners shall, provided always that the Vessel maintains a minimum discharge

748

pressure

of seven (7)

bar

during bulk discharge or meets such lesser

749

performance required pursuant to a

restriction imposed by the Terminal or

750

arising from physical attributes of the Terminal, be

allowed a period of not

751

more than two (2) hours per segregated grade/parcel for final draining and

752

stripping purposes unless such final draining and stripping is carried out

753

concurrently with discharge of another grade/parcel.

Any time taken for final

754

draining and stripping purposes in excess of such allowance shall not count as

755

used laytime or, if the Vessel is on demurrage, as demurrage.

756

PUMPING ASSESSMENT - EXAMPLE

 

 

 

757

3 GRADES

 

 

 

 

 

 

 

 

 

758

 

 

(1) Fuel Oil

 

35,000 B/L

< 7 BAR

 

759

COW

(2) Arab Heavy

40,000 B/L

< 7 BAR

 

760

COW

(3) Arab Light

 

45,000 B/L

7 BAR

 

761

DISCHARGE TIME

 

 

 

 

 

 

 

762

(1)

00.00 1st June

 

11.50 1st June

 

 

 

763

 

 

11.50 1st June

 

12.00 1st June

Change Grade

764

(2)

12.00 1st June

 

04.50 2nd June

 

 

 

765

 

 

04.50 2nd June

 

05.00 2nd June Change Grade

766

(3)

05.00 2nd June

 

20.00 2nd June

 

 

 

767

 

 

Full

COW required therefore additional 25% Pumping Time allowed

768

 

 

 

 

 

 

 

 

Hrs

Mins

 

769

Grade (1)

35,000 MT

 

 

 

 

 

 

770

 

 

120,000MT X 24 Hours

07

00

 

Time Allowed

771

 

 

 

 

 

 

 

 

11

50

 

Time Taken

772

 

 

 

(A) Excess

04

 

50

 

< 7 BAR

 

 

773

 

 

Grade (2)

40,000 MT

 

 

 

 

 

 

 

774

 

 

 

120,000 MT X 30 Hours

10

 

00

 

Time Allowed

 

775

 

 

 

 

16

 

50

 

Time Taken

 

 

776

 

 

 

(B) Excess

06

 

50

 

< 7 BAR

 

 

777

 

 

Grade (3)

45,000 MT

 

 

 

 

 

 

 

778

 

 

 

120,000 MT X 30 Hours

11

 

15

 

Time Allowed

 

779

 

 

 

 

15

 

00

 

Time Taken

 

 

780

 

 

 

(C) Excess

00

 

00

 

7 BAR

 

 

781

 

 

Stripping

allowance given for grade (3) pumping in excess of seven (7) bar

782

 

 

 

 

Hrs

Mins

 

 

 

783

 

 

Total Excess Pumping Time =

 

 

 

 

 

 

 

784

 

 

 

(A) + (B) + (C)

11

 

40

 

 

 

 

785

20.

CLAIMS TIME BAR

 

 

 

 

 

 

 

786

 

20.1

Charterers shall be discharged and released from all liability in respect of any

787

 

 

claim for demurrage, deviation or detention which Owners may have under this

788

 

 

Charter unless a claim in writing has been

presented

to Charterers,

together

789

 

 

with all supporting documentation substantiating each

and every

constituent

790

 

 

part of the claim, within ninety (90) days of the completion of discharge of the

791

 

 

cargo carried hereunder.

 

 

 

 

 

 

 

792

 

20.2

Any other claim against Charterers for any and all other amounts which are

793

 

 

alleged to be for Charterers’ account under

this Charter shall be extinguished,

794

 

 

and Charterers shall be discharged from

all

liability

whatsoever

in

respect

795

 

 

thereof, unless such claim is presented

to Charterers, together with full

796

 

 

supporting documentation substantiating each and every constituent part of the

797

 

 

claim, within one hundred and eighty (180) days of the completion of discharge of

798

 

 

the cargo carried hereunder.

 

 

 

 

 

 

 

799

21.

SLACK TANKS/EVEN KEEL

 

 

 

 

 

 

 

800

 

21.1

Notwithstanding the provisions of Clause 31, if Charterers are unable to supply

801

 

 

the quantity of cargo stated in Section C of PART 1 the Vessel shall not be

802

 

 

required to proceed to sea until such of her

tanks are filled as will

place her in

803

 

 

a seaworthy condition, and freight shall be paid as if the Vessel had loaded the

804

 

 

quantity of cargo stated in Section C of PART 1.

 

 

 

 

 

805

 

21.2

If for any reason the Vessel is unable to trim to even keel for arrival at a

806

 

 

discharge port Owners shall notify Charterers by telex stating the Vessel's

807

 

 

expected arrival draught forward and aft.

Such notification shall be given as

808

 

 

soon as practicable after Owners have received Charterers’ Voyage

Orders and

809

 

 

no later than the Vessel’s departure from the loading port.

 

 

 

810

22.

REVISED CHARTERERS’ VOYAGE ORDERS FOR LOADING OR DISCHARGE

811

 

PORTS

 

 

 

 

 

 

 

 

812

 

22.1

If at any time after the date of this Charter, Charterers, notwithstanding that they

813

 

 

may

have

nominated a loading or discharge port, wish to

issue

revised

814

 

 

Charterers’

Voyage Orders and instruct Owners to stop and/or divert the Vessel

815

 

 

to an alternative port within any Ranges stated in Section E or F of PART 1, or

816

 

 

cause her to await orders at one or more locations, Owners shall issue such

817

 

 

revised instructions to the Master as are necessary to give effect to such revised

818

 

 

Charterers' Voyage Orders and the Master shall comply with such revised

819

 

 

instructions as soon as the Vessel is free of any previous charter commitments.

 

 

820

 

22.2

If:-

 

 

 

 

 

 

 

 

821

 

 

22.2.1

 

solely by reason of Owners’ compliance

with

such

revised

822

 

 

 

 

Charterers’ Voyage Orders, the Vessel suffers delay causing her

to

823

 

 

 

 

arrive at the nominated port after the Cancelling

Date stated

in

824

 

 

 

 

Section G of PART 1 or any new cancelling date determined under

825

 

 

 

 

Clause 16.1, then the

Cancelling Date or the

new cancelling date,

826

 

 

 

 

as the case may be, shall be extended by the period of such delay.

 

 

827

 

 

22.2.2

 

the Vessel arrives at the nominated port after the Commencement

828

 

 

 

 

Date stated in Section G of PART 1, then any period during which

829

 

 

 

 

the Vessel has been awaiting orders prior to

her arrival, less any

830

 

 

 

 

time by which the Vessel's arrival at the nominated port would, but

831

 

 

 

 

for Charterers' instructions to await orders, have preceded the

832

 

 

 

 

Commencement Date, shall count as laytime or, if the Vessel is on

833

 

 

 

 

demurrage, as demurrage.

 

 

 

 

 

834

 

 

22.2.3

 

the Vessel is, after loading, instructed by Owners to stop and await

835

 

 

 

 

orders at Charterers' request then all time

spent

by

the

Vessel

836

 

 

 

 

awaiting orders shall count as laytime or, if the Vessel is on

837

 

 

 

 

demurrage, as demurrage.

 

 

 

 

 

838

 

22.3

Any additional period by which the steaming time taken to reach the alternative

839

 

 

port exceeds the time that should

have been taken had

the Vessel

proceeded

840

 

 

to such port directly shall count as laytime or, if the Vessel is on demurrage, as

841

 

 

demurrage. Such additional period shall be the time required for the Vessel to

842

 

 

steam

the

additional distance at the average speed actually achieved by the

843

 

 

Vessel during the voyage or the Charter Speed as stated in Section B.25 of

844

 

 

PART 1, whichever is the higher.

Charterers shall pay

Owners for additional

845

 

 

bunkers consumed for steaming the additional distance at the price paid by

846

 

 

Owners, net of all discounts or rebates, for the last bunkers lifted.

 

 

 

 

847

23.

VESSEL/CARGO INSPECTIONS/BUNKER SURVEYS

 

 

 

 

 

848

23.1

Charterers shall be entitled to cause their representative (which term includes

849

 

 

any independent surveyor appointed by Charterers) to carry

out

inspections of

850

 

 

the Vessel and/or observe cargo operations and/or ascertain the quantity and

851

 

 

quality of the cargo, water and residues on board, including the taking of cargo

852

 

 

samples, inspection and copying of the Vessel’s logs, documents and records

853

 

 

(which shall include the personal notes of the crew, the rough log book and

854

 

 

computer generated data) at any loading and/or discharge

port.

Charterers'

855

 

 

representative may also conduct any of the aforementioned operations at or off

856

 

 

any other port to which Charterers

may require the Master to divert

the

Vessel

857

 

 

at any time after leaving any loading port.

Charterers shall

obtain

the

consent

858

 

 

of the owners of any cargo on board at the time before requiring the Vessel to

859

 

 

be diverted.

 

 

 

 

 

 

 

 

 

 

860

 

 

Charterers'

representative

shall be

entitled to survey, and take

samples

from,

861

 

 

any or all

of the Vessel's

cargo tanks, bunker fuel tanks

and non-cargo

spaces

862

 

 

at any place referred to above.

 

 

 

 

 

 

 

 

 

863

 

23.2

Charterers’ exercise of, or failure to exercise, any of their rights under the

864

 

 

foregoing provisions shall be entirely without prejudice to

the respective

rights

865

 

 

and obligations of the parties.

 

 

 

 

 

 

 

 

 

866

 

23.3

Any delay arising solely as a result of any inspection, survey or sampling under

867

 

 

Clause 23.1 shall count as laytime or, if the Vessel is on demurrage, as

868

 

 

demurrage.

 

 

 

 

 

 

 

 

 

 

869

 

23.4

Any delay arising from instructions from Charterers to Owners to divert the

870

 

 

Vessel shall be calculated by reference to the additional period by which the

871

 

 

steaming time taken to reach the

next loading

or discharge

port exceeds the

872

 

 

time that would have been taken had the Vessel proceeded

to

such

port

873

 

 

directly and Owners shall be compensated for such delay

and

bunkers

874

 

 

consumed for steaming during such additional period in accordance with the

875

 

 

provisions of Clause 22.3.

 

 

 

 

 

 

 

 

 

 

876

 

23.5

Charterers shall also reimburse Owners in respect of port expenses reasonably

877

 

 

incurred solely by reason of Charterers' instructions to divert the Vessel.

 

 

 

878

24.

MAINTENANCE OF CARGO TEMPERATURE

 

 

 

 

 

 

 

 

879

 

Charterers shall have the right to instruct

Owners to maintain the loaded

temperature

880

 

of the cargo up to a maximum of 60°C.

Owners

undertake that

the

Vessel is

capable

881

 

of maintaining the cargo temperature up to 60° throughout the laden voyage and

882

 

discharge of the cargo and that the Master shall advise Charterers, daily at noon local

883

 

time, of the temperature of such cargo in each of the Vessel's tanks.

If the Vessel fails

884

 

to maintain the

required temperature Owners shall be

responsible

for

any resulting

885

 

loss, damage, cost or expense incurred

by Charterers

(including,

without

limitation,

886

 

any requirement that the Vessel must vacate the berth) and any time lost thereby shall

887

 

not count as laytime or, if the Vessel is on demurrage, as demurrage.

 

 

 

 

 

 

888 25. CARGO HEATING

889

 

Charterers shall have the right to instruct Owners to raise the temperature of the cargo

890

 

above the loaded temperature up to a maximum temperature of 60°C in each of the

891

 

Vessel's cargo tanks provided always

that

the

length

of

the

voyage

is

such as

to

892

 

permit the temperature rise required.

In such case the Master shall advise Charterers

893

 

daily, at noon local time, of the temperature of the cargo in each of the Vessel's tanks.

 

 

894

 

Charterers shall reimburse Owners for the

cost of additional bunkers consumed

to

895

 

raise the temperature of the cargo

as aforesaid. The quantity of

bunkers

so

896

 

consumed shall be calculated in accordance with the following formulae,

as

897

 

substantiated by copies of the

Vessel's cargo ullage and tank

temperature

records

for

898

 

the entire laden voyage, copies of which are to be provided with Owners’ claim for

899

 

reimbursement.

 

 

 

 

 

 

 

 

 

 

 

900

 

Single Hull:-

 

 

 

 

 

 

 

 

 

 

 

901

 

Bunkers consumed (MT) = Quantity of cargo (MT) subject to temperature increase

902

 

 

 

 

 

 

x

 

 

 

 

 

 

903

 

 

 

Increase in cargo temperature (°C) X 0.0001

 

904

 

Double Hull:-

 

 

 

 

 

 

 

 

 

 

 

905

 

Bunkers consumed (MT) = Quantity of cargo (MT) subject to temperature increase

906

 

 

 

 

 

 

x

 

 

 

 

 

 

907

 

 

 

Increase in cargo temperature (°C) X

0.00007

 

908

 

The price for the additional bunkers

consumed shall be the price paid

by

Owners,

909

 

net of all discounts or rebates, for the

last

bunkers lifted.

Upon presentation

of their

910

 

claim Owners shall provide Charterers with the invoices for the last bunkers lifted and

911

 

evidence of payment of same.

 

 

 

 

 

 

 

 

 

 

 

912

26.

LIBERTY

 

 

 

 

 

 

 

 

 

 

 

913

 

The Vessel shall have liberty to sail with or without pilots, to tow or go to

the

914

 

assistance of vessels in distress and to deviate for the purpose of saving life

and

915

 

property, or for any other reasonable purpose.

 

 

 

 

 

 

 

 

 

916

 

Unless specifically agreed to the contrary by Charterers, Owners undertake that

the

917

 

Vessel will not stop or deviate for the purpose of replenishing bunkers on a laden

918

 

passage.

 

 

 

 

 

 

 

 

 

 

 

919

27.

TRAFFIC SEPARATION AND ROUTEING

 

 

 

 

 

 

 

 

920

 

Owners shall instruct the Master to observe regulations and recommendations as

to

921

 

traffic separation and routeing as

issued,

from

time

to

time,

by

responsible

922

 

organisations or regulating authorities including, but not limited to, the IMO, the UK

923

 

Chamber of Shipping (or equivalent),

or as promulgated by the State of

the

flag

of

924

 

the Vessel or the State in which management of the Vessel is exercised.

 

 

 

 

925

28.

ICE ON VOYAGE AND

ICE AT

LOADING

OR

DISCHARGE

PORTS

926

28.1

If on passage to the loading or discharge port the Master finds that the port is

927

 

inaccessible owing to ice he shall immediately request Charterers by telex to

928

 

revise Charterers’ Voyage Orders and pending a response from Charterers the

929

 

Vessel shall remain outside the area of ice-bound water.

Any time lost awaiting

930

 

such revised Charterers’ Voyage Orders shall count as laytime or, if the Vessel is

931

 

on demurrage, as demurrage.

 

 

 

 

 

 

 

 

 

 

 

 

 

932

28.2

Upon receipt of such request Charterers shall instruct Owners to order

the

933

 

Vessel

to

proceed to an alternative ice-free and accessible port within

the

934

 

Ranges stated in Sections E and F of PART 1 and where there are facilities for

935

 

loading or

discharging the cargo, as the case may be. In this event freight shall

936

 

be paid at the rate applicable under this Charter to such alternative loading or

937

 

discharge

port. Any additional period by which the steaming time taken to

938

 

reach

 

the

alternative port exceeds the time

that should have

been

taken

had

939

 

the Vessel proceeded to such port directly shall count as laytime

or,

if

the

940

 

Vessel

is

on demurrage, as

demurrage.

Such additional

period

shall

be

the

941

 

time required for the Vessel to steam the additional

distance

at the

average

942

 

speed actually achieved by the

Vessel during

the voyage

or

the

Charter Speed

943

 

as stated in Section B.25 of PART 1, whichever is the

higher.

Charterers shall

944

 

pay Owners for additional bunkers consumed for

steaming

the

additional

945

 

distance at the price paid by Owners, net of all discounts or rebates, for the last

946

 

bunkers lifted.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

947

28.3

If, on or after the Vessel's arrival at the loading or discharge port, there is a

948

 

danger

of

her being frozen in, the Vessel shall proceed to the nearest safe

and

949

 

ice-free position and at the same time the Master shall request

Charterers

by

950

 

telex

 

to

revise

Charterers’

Voyage

Orders.

Upon

receipt

of

such

request

951

 

Charterers shall instruct Owners to order the Vessel either to proceed to an

952

 

alternative

ice-free and accessible port, within the Ranges stated in

Sections E

953

 

and F of PART 1, where there is no danger of the Vessel being frozen in

and

954

 

where there are facilities for loading or discharging cargo, or to return

to

and

955

 

load or discharge at the port originally nominated, or to remain at the safe and

956

 

ice-free position to await orders.

If the Vessel is ordered

to such

an

alternative

957

 

port

the

sums to be paid by Charterers to Owners in respect of freight,

958

 

additional steaming time and additional bunkers shall be calculated and

959

 

compensated in accordance with the provisions of Clause 28.2, but if Charterers

960

 

instruct Owners to load or discharge the Vessel

at

the

port

originally

961

 

nominated, then, subject to Clauses 7, 8, 17, 18 and 19 the whole of the time

962

 

from the receipt of NOR to load or discharge on the Vessel's first arrival at the

963

 

port

originally

nominated until

the

cargo

hoses have

been

disconnected after

964

 

the completion of loading or discharging shall count as laytime or, if the Vessel

965

 

is on demurrage, as demurrage.

Any delay caused by

ice at the port originally

966

 

nominated

after the final disconnection of the cargo hoses shall

count

as

967

 

laytime or, if the Vessel is on demurrage, as demurrage.

 

 

 

 

 

 

 

 

968

 

If Charterers instruct Owners to order the Vessel to remain at the safe and ice-

969

 

free position and await orders then any time lost awaiting orders shall count as

970

 

laytime or, if the Vessel is on demurrage, as demurrage.

 

 

 

 

 

 

 

 

971

29.

QUARANTINE

 

 

 

 

 

 

 

 

 

972

 

If Charterers require the Vessel to proceed to any port at which, at the time when the

973

 

Vessel is ordered to that port, there is quarantine then

time spent or lost whilst the

974

 

Vessel is detained due to such quarantine shall count as laytime or, if the Vessel is on

975

 

demurrage, as demurrage.

However,

if quarantine is subsequently declared

whilst the

976

 

Vessel

is on

passage to

such port Charterers shall not be liable

for any delay

caused

977

 

by such quarantine.

 

 

 

 

 

 

 

 

 

978

30.

BILLS OF LADING AND INDEMNITIES

 

 

 

 

 

 

979

 

30.1

Bills of Lading shall be signed as Charterers direct, without prejudice to this

980

 

 

Charter. Charterers hereby indemnify Owners:-

 

 

 

 

 

 

981

 

 

30.1.1

against all liabilities that may arise

from the signing of Bills of

982

 

 

 

Lading in accordance with the directions of Charterers to the extent

983

 

 

 

that the terms of such Bills of Lading impose more

onerous

984

 

 

 

liabilities than those assumed by Owners under the terms of thi

985

 

 

 

Charter;

and

 

 

 

 

 

 

 

986

 

 

30.1.2

against claims brought by holders of Bills of Lading against Owners

987

 

 

 

by reason of any

deviation required

by

Charterers

under

Clauses

988

 

 

 

22, 23 or 28.

 

 

 

 

 

 

 

989

 

30.2

All Bills of Lading issued under this Charter shall be deemed to contain War

990

 

 

Risks, Both-to-Blame Collision and New Jason clauses.

 

 

 

 

 

991

 

30.3

If a Bill of Lading is not available at any discharge port to which the Vessel may

992

 

 

be ordered by Charterers under this Charter or if Charterers require Owners to

993

 

 

deliver cargo to a party and/or at a port other than as set out in the Bills of

994

 

 

Lading, then Owners shall nevertheless discharge

such

cargo

in

compliance

995

 

 

with

Charterers'

instructions,

upon presentation

by

the

consignee

nominated

996

 

 

by Charterers ("the Receiver") of reasonable identification to the Master and in

997

 

 

consideration of Charterers undertaking:-

 

 

 

 

 

 

998

 

 

30.3.1

to indemnify Owners (which term shall, for the purpose of this

999

 

 

 

Clause, include Owners' servants and agents) and to hold Owners

1000

 

 

 

harmless

in respect

of any liability,

loss, damage, cost or expense

1001

 

 

 

of whatsoever nature which Owners may sustain by reason of

1002

 

 

 

delivering the cargo to the Receiver in accordance with Charterers'

1003

 

 

 

instructions;

 

 

 

 

 

 

 

1004

 

 

30.3.2

to provide Owners on demand, in

the event of any proceedings

1005

 

 

 

being commenced against Owners in

connection with the

delivery

1006

 

 

 

of the cargo as aforesaid, from time to time, with sufficient funds to

1007

 

 

 

defend the same;

 

 

 

 

 

 

 

1008

30.3.3

to provide Owners on demand with such bail or other security as

1009

 

 

 

 

 

may be required if, in connection with the delivery of the cargo as

1010

 

 

 

 

 

aforesaid,

the

Vessel,

or

any

other

vessel

or property

belonging

1011

 

 

 

 

 

to Owners, should be arrested or detained or, if

the

arrest

or

1012

 

 

 

 

 

detention

thereof

should

be threatened, in order to

prevent

such

1013

 

 

 

 

 

arrest or detention, or to secure the release of such

Vessel

or

1014

 

 

 

 

 

property and to indemnify Owners in respect of any loss, damage,

1015

 

 

 

 

 

cost

or

expense caused by such arrest or detention whether or

not

1016

 

 

 

 

 

the same be justified; and

 

 

 

 

 

 

 

 

 

 

 

1017

 

 

30.3.4

 

to produce and deliver to Owners all original Bills of Lading in

1018

 

 

 

 

 

respect of the cargo loaded by the Vessel as soon

as

same

shall

1019

 

 

 

 

 

have arrived and/or come into the possession

of

 

Charterers

1020

 

 

 

 

 

whereupon Charterers' liability hereunder shall cease.

 

 

 

 

 

 

1021

 

 

The

provisions

of

the foregoing

undertakings

shall

be

governed

by

English

1022

 

 

Law.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1023

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1024

31.

FREIGHT RATE

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1025

 

31.1

The Freight Rate shall be that stated in Section H of PART 1.

If

the

cargo

1026

 

 

quantity stated in Section C of PART 1 is a minimum quantity, then the freight

1027

 

 

payable for any cargo loaded in excess of the said minimum quantity shall,

1028

 

 

notwithstanding this Clause 31, be at the Overage rate stated in Section H of

1029

 

 

PART 1, unless a lump sum freight has been agreed in which case no Overage

1030

 

 

shall be

payable.

Where the Freight Rate stated in Section H

of

PART

1 is

1031

 

 

expressed as a percentage of Worldscale the Worldscale rate shall be the rate in

1032

 

 

force at the date of this Charter.

 

 

 

 

 

 

 

 

 

 

 

 

 

1033

 

31.2

If Charterers instruct Owners to order the Vessel to

increase speed

under

1034

 

 

Clause 3 the Freight Rate shall be increased as provided in Section H of PART 1

1035

 

 

for

each

knot

of

 

increased speed above the Charter

Speed

and

pro

 

rata

1036

 

 

for

fractions

of a

knot up to the Maximum Speed.

Such increase

shall

be

1037

 

 

calculated in accordance with the following example:

 

 

 

 

 

 

 

 

1038

 

 

 

 

Example:

The Vessel proceeds at Charter Speed of 10

knots,

the

rate

1039

 

 

 

 

for which is Worldscale 40. After 10 days the Master is instructed to

1040

 

 

 

 

complete the voyage at 12 knots.

The remainder of the voyage takes 20

1041

 

 

 

 

days.

The

increased speed option provides for a premium

of

0.5

of a

1042

 

 

 

 

Worldscale point per knot of increased speed over Charter Speed.

 

 

 

 

 

1043

 

 

 

 

The freight rate for the above voyage would be calculated as follows:

1044

 

 

 

 

Voyage freight rate =

(W40 x 10 days) + W41* x 20 days)

 

 

 

 

 

 

1045

 

 

 

 

 

 

 

 

 

 

 

 

 

30 (total voyage days)

 

 

 

 

 

 

1046

 

 

 

 

 

 

 

 

 

 

 

 

=

W40.67

 

 

 

 

 

 

 

 

 

1047

 

 

 

 

 

 

 

(*1 point premium for 12 knots Maximum Speed)

 

 

 

 

 

 

1048

 

 

If the

Vessel

 

fails

 

to maintain the speed ordered, due to breakdown

or

any

1049

 

 

other

reason

whatsoever

beyond

Charterers' control,

the

freight

rate

 

shall

be

1050

 

 

calculated based on the average speed actually achieved by the Vessel using BP

1051

 

 

Worldwide Marine Distance Tables to assess the length of the voyage between

1052

 

 

pilot stations at the loading and discharge ports but the freight rate shall not be

1053

 

 

less than the Freight Rate at Charter Speed.

 

 

1054

 

31.3

If a lump sum freight is agreed for the voyage this shall be in respect of the

1055

 

 

overall voyage of the Vessel from the first loading port to the final discharge

1056

 

 

port.

 

 

1057

 

 

Charterers shall be entitled to load and discharge at additional ports within the

1058

 

 

Ranges stated in Sections E and F of PART 1. If the lump sum freight stated in

1059

 

 

Section H of PART 1 specifically includes additional loading or discharge ports

1060

 

 

or if a further lump sum payment is agreed for additional loading or discharge

1061

 

 

ports then no other payment shall, subject to Clauses 5 and 34, be made by

1062

 

 

Charterers and laytime or, if the Vessel

is on demurrage, demurrage shall count

1063

 

 

in accordance with the provisions of this Charter.

1064

 

 

In the absence of any agreement in respect of lump sum freight for additional

1065

 

 

loading or discharge ports Charterers shall reimburse Owners for any additional

1066

 

 

port costs incurred by Owners in complying

with Charterers' instructions. Time

1067

 

 

used at the additional ports, including time which would otherwise be excluded

1068

 

 

under Clause 18.1 (subject to the exceptions and exclusions of laytime and/or

1069

 

 

demurrage found elsewhere in this Charter, including but not limited to those

1070

 

 

under Clauses 17 and 18) shall count

as laytime or, if the Vessel is on

1071

 

 

demurrage, as demurrage. Laytime, or,

if the Vessel is on demurrage,

1072

 

 

demurrage shall commence upon tender of a valid NOR which has become

1073

 

 

effective as determined under Clause 6.3 and shall end when cargo hoses have

1074

 

 

been finally disconnected. The provisions of Clause 22.3 shall also apply, and

1075

 

 

reference in Clause 22.3 to the term “alternative port” shall for the purposes of

1076

 

 

this Clause 31.3 be deemed to be a reference to “additional port”.

1077

 

31.4

Freight shall be payable immediately

after completion of discharge, on the

1078

 

 

gross quantity of cargo loaded by the Vessel as evidenced by the Bills of Lading

1079

 

 

furnished by the shippers, less any sum

derived from the operation of Clauses

1080

 

 

2, 32 and 33 and less any disbursements or advances made to the Master or

1081

 

 

Agents at loading and/or discharge ports, any sums payable by Owners under

1082

 

 

Clause 34, and any additional cargo insurance premium for Owners' account

1083

 

 

under Clause 35, provided that no freight shall be payable on any quantity that

1084

 

 

submerges, at any stage of the voyage, the marks appropriate under the

1085

 

 

International Load Line Convention, 1966, or any modification or amendment

1086

 

 

thereof, to the voyage to be performed under this Charter.

1087

 

31.5

All payments due to Owners under this

Charter shall be remitted by Charterers

1088

 

 

to the account stated in Section K of PART 1.

 

1089

32.

ADDRESS COMMISSION

 

 

1090

Charterers shall deduct 1.25% address commission from freight (including fixed and

1091

 

variable freight differentials), and any deadfreight and demurrage payable under this

1092

 

Charter.

 

 

 

 

 

1093

33.

CARGO RETENTION

 

 

 

 

1094

 

33.1

If any quantity of cargo remaining on board

the

Vessel

("ROB")

upon

1095

 

 

completion of discharge is judged by an independent surveyor appointed by

1096

 

 

Charterers to be liquid, or if Charterers can show

that the ROB would have

1097

 

 

been liquid if Owners and/or the Master, officers and crew had followed

1098

 

 

Charterers' instructions for the management of the

cargo, then

Charterers

shall

1099

 

 

be entitled to deduct from freight the value of such quantity of cargo calculated

1100

 

 

on the basis of the free on board ("FOB") value at the loading port plus freight

1101

 

 

thereon calculated in accordance with Clause 31 hereof.

 

 

 

 

1102

 

33.2

For the purpose of this Clause 33, any quantity of ROB shall be regarded as

1103

 

 

liquid if sampling and testing, which testing shall be performed as soon as

1104

 

 

practicable after sampling, shows the ROB to have had a dynamic viscosity of

1105

 

 

less than 600 centipoise at its temperature when sampled from the Vessel's tank

1106

 

 

or, if Charterers' heating instructions have not been complied with, at the

1107

 

 

temperature that would have been applicable in the Vessel's tank if such

1108

 

 

instructions had been complied with.

 

 

 

 

1109

 

 

Any quantity of ROB which is of insufficient depth to be sampled shall also be

1110

 

 

regarded as liquid if the independent surveyor judges it to be liquid after using

1111

 

 

other means of testing including, without limitation, a representative number of

1112

 

 

dips across each tank.

 

 

 

 

1113

 

33.3

The independent surveyor's findings shall be final

and binding upon Owners

1114

 

 

and Charterers save for instances of arithmetical error in calculation.

 

 

1115

 

33.4

Charterers hereby agree to indemnify Owners against any liability to a Bill of

1116

 

 

Lading holder resulting from non-delivery of any

such cargo in respect of

1117

 

 

which a deduction from freight is made under this Clause 33 provided always

1118

 

 

that Charterers shall under no circumstances be liable

to indemnify Owners in

1119

 

 

an amount greater than the amount of freight so deducted.

 

 

 

1120

 

33.5

For the purpose of this Clause 33, slops shall not be included in the measured

1121

 

 

and reported liquid volume of oil on board the Vessel prior to loading.

 

1122

 

33.6

For the avoidance of doubt this Clause 33 refers

solely to liquid cargo ROB

1123

 

 

from the cargo loaded hereunder and any measured

volume of liquid oil on

1124

 

 

board the Vessel prior to loading shall be deducted from any calculation made

1125

 

 

under this Clause 33.

 

 

 

 

1126

34.

DUES AND OTHER CHARGES

 

 

 

 

1127

 

34.1

If, under Sections 4 and 5 of Part B of the Preamble of Worldscale, a due or

1128

 

 

charge is expressly stated to be for the account of Owners or

Charterers

then

1129

 

such due or charge shall be payable

accordingly.

Dues and other

charges

1130

 

payable by Charterers under Section 5 of Part B of the Preamble of Worldscale

1131

 

shall in the first instance be paid by Owners and Charterers shall reimburse

1132

 

Owners upon presentation of all supporting invoices by Owners.

 

 

 

 

 

1133

 

34.2 If freight for a voyage is not based on Worldscale but is calculated on some

1134

 

other basis such as, without limitation, an agreed lump sum amount or a per

1135

 

tonne

amount,

Charterers shall not

be liable for

any costs

covered

by

1136

 

Worldscale, under a fixed or variable freight differential (Section D of

1137

 

Worldscale), such costs being deemed to be included in the agreed freight.

 

1138

 

However Sections 4 and 5 of Part B of the Preamble of Worldscale shall still

1139

 

apply.

 

 

 

 

 

 

 

 

 

 

 

 

 

1140

 

34.3 If a charge is imposed upon Charterers by the owner of a berth by reason of

1141

 

prolonged occupation of the berth by

the

Vessel

for

reasons

beyond

the

1142

 

control of Charterers, their servants or agents then such charge shall be paid by

1143

 

Owners.

 

 

 

 

 

 

 

 

 

 

 

 

 

1144

35.

CARGO INSURANCE

 

 

 

 

 

 

 

 

 

 

 

 

1145

 

Any additional premiums which may be charged by cargo underwriters on any cargo

1146

 

insurance in respect of the cargo carried hereunder by reason

of the

Vessel's

age

1147

 

and/or condition shall be for Owners' account, and Charterers

shall

be entitled

to

1148

 

deduct the cost of any

such

additional

premium from freight

payable

under

Clause

1149

 

31.

 

 

 

 

 

 

 

 

 

 

 

 

 

1150

36.

CODING OF CARGO DOCUMENTATION - US CUSTOMS REGULATIONS

1151

 

36.1 If Charterers require the Vessel to discharge at a port within the jurisdiction of

1152

 

the US Customs Service, the Master shall insert Owners' Unique Identifier on

1153

 

each Bill of Lading accompanying a shipment of imported cargo in accordance

1154

 

with US Customs Regulations (19 CFR Parts 4 and 178).

Owners shall provide

1155

 

Charterers and Agents on request with details of their

Unique

Identifier

in

1156

 

respect of any cargo carried hereunder.

 

 

 

 

 

 

 

 

 

1157

 

36.2 If the Master fails to insert Owners' Unique Identifier under this Clause 36

1158

 

Owners shall be liable for any delays resulting therefrom and any time lost

1159

 

thereby shall not count as laytime or, if the Vessel is on demurrage, as

1160

 

demurrage.

 

 

 

 

 

 

 

 

 

 

 

 

1161

37.

UNITED STATES COAST GUARD (“USCG”) CERTIFICATE OF FINANCIAL

1162

 

RESPONSIBILITY/UNITED

STATES

COAST

GUARD

REGULATIONS

1163

 

37.1 Owners undertake that the Vessel shall carry on board a valid USCG Certificate

1164

 

of Financial Responsibility (“COFR”) as required under the US Federal Oil

1165

 

Pollution Act 1990 and that for the duration of this Charter the said COFR shall

1166

 

be maintained in all respects valid for trading to ports in

the

USA.

Owners

1167

 

further

undertake

that

the Vessel

shall

carry

on board

copies

of

the

Vessel's

1168

 

 

Federal Oil Spill Response Plan and any US State specific Response Plan

1169

 

 

(individually and collectively “Response Plan”) that have been approved by the

1170

 

 

USCG

or by

the appropriate State Authority respectively and that the Master

1171

 

 

shall operate the Vessel fully in accordance with the said Response Plan.

 

 

1172

 

37.2

Owners undertake that the Vessel shall for the duration of this Charter either

1173

 

 

comply with all applicable USCG Regulations or carry on board appropriate

1174

 

 

waivers from the USCG if in any respect whatsoever the Vessel does not so

1175

 

 

comply.

 

 

 

 

1176

38.

EXCEPTIONS

 

 

 

 

1177

 

38.1

The provisions of Articles III (other than Rule 8), IV, IV bis and VIII of the

1178

 

 

Schedule to the Carriage of Goods by Sea Act, 1971 of the United Kingdom

1179

 

 

shall apply to this Charter and shall be deemed to be inserted in extenso herein.

 

1180

 

 

This Charter

shall be deemed to be a contract for the carriage of goods by sea

1181

 

 

to which the

said Articles apply, and Owners shall be entitled to the

protection

1182

 

 

of the said Articles in respect of any claim made hereunder.

 

 

1183

 

38.2

Charterers shall not, unless expressly provided otherwise in this Charter, be

1184

 

 

responsible for any loss, damage, cost, expense, delay or failure in performance

1185

 

 

hereunder arising or resulting from Act of God, act of war, hostilities, seizure

1186

 

 

under

legal

process, quarantine restrictions,

labour disputes

or

strikes

1187

 

 

threatened or

actual, riots, civil commotions, arrest

or restraint of princes,

rulers

1188

 

 

or people.

 

 

 

 

1189

39.

WAR RISKS

 

 

 

 

 

1190

 

39.1

For the purpose of this Clause 39 the words:-

 

 

 

1191

 

 

"Owners"

shall include the shipowners, bareboat charterers,

disponent

1192

 

 

 

 

owners, managers or other operators who are charged with the

1193

 

 

 

 

management and/or operation of the Vessel, and the Master; and

1194

 

 

"War

Risks"

shall include any war (whether actual or threatened), act of war,

1195

 

 

 

 

civil war, hostilities, revolutions, rebellion, civil commotion, warlike

1196

 

 

 

 

operations, the laying of mines (whether actual or reported), acts

1197

 

 

 

 

of piracy, acts of terrorists, acts of hostility or malicious damage,

1198

 

 

 

 

blockades (whether imposed against all vessels or imposed

1199

 

 

 

 

selectively against vessels of certain flags or ownership, or against

1200

 

 

 

 

certain cargoes or crews or otherwise howsoever), by any person,

1201

 

 

 

 

body, terrorist or political group, of the Government of any state

1202

 

 

 

 

whatsoever, which, in the reasonable judgment of the Master

1203

 

 

 

 

and/or Owners, may be dangerous or are likely to be or to

1204

 

 

 

 

become dangerous to the Vessel, her cargo, crew or other persons

1205

 

 

 

 

on board the Vessel.

 

 

 

1206

39.2 If at any time before the Vessel commences loading, it appears, in the

1207

 

reasonable judgement of the Master and/or Owners, that performance of the

1208

 

contract of carriage, or any part of it, may expose, or is likely to expose, the

1209

 

Vessel, her cargo, crew or other persons on board the Vessel to War Risks,

1210

 

Owners may give notice to Charterers cancelling this Charter, or may refuse to

1211

 

perform such part of it as may expose, or may be likely to expose, the Vessel,

1212

 

her cargo, crew or other persons on board the Vessel to War Risks provided

1213

 

always that if either Section E or F of PART 1 provides for a loading or

1214

 

discharging Range, as the case may be, and the Vessel, her crew, other persons

1215

 

on board, or cargo may be exposed, or may be likely to be exposed, to War

1216

 

Risks, at the port originally nominated by Charterers, then Owners shall first

1217

 

require Charterers to nominate a safe port which lies within the relevant Range,

1218

 

and may only cancel this Charter if Charterers shall not

have

nominated such

1219

 

safe port within forty-eight (48) hours of receipt of such request.

 

 

 

 

 

 

1220

39.3

Owners shall not be required to continue to load cargo

for any voyage, or to

1221

 

sign Bills of Lading for any port, or to proceed or continue on any

voyage,

or

1222

 

on any part thereof, or to proceed through any canal or

waterway,

or

to

1223

 

proceed to or remain at any port whatsoever, where it appears, either after the

1224

 

loading of the cargo commences, or at any stage of

the

voyage

thereafter

1225

 

before the discharge of the cargo is completed, that, in

the

 

reasonable

1226

 

judgement of the Master and/or Owners, the Vessel, her cargo (or any part

1227

 

thereof), crew or other persons on board the Vessel (or

any one or more of

1228

 

them) may be, or are likely to be, exposed to War Risks.

If it should so appear,

1229

 

Owners may, by telex, request Charterers to nominate a safe port for the

1230

 

discharge

of the

cargo or any part thereof, and

if within

forty-eight (48) hours

1231

 

of the receipt of such telex, Charterers shall not have nominated such a port,

1232

 

Owners may discharge the cargo at any safe port of their choice (including the

1233

 

loading port) in complete fulfilment of their obligations under this Charter.

 

 

 

1234

 

Owners shall be entitled to recover from Charterers the extra expenses of such

1235

 

discharge and, if the discharge takes place at any port other

 

than

the

loading

1236

 

port, to receive the full freight as though the cargo had been carried to the

1237

 

discharge

port

originally nominated. Any additional

period

by

which

1238

 

the steaming time taken to reach the port at which the cargo is discharged exceeds

1239

 

the time which would have been taken had the Vessel

proceeded

to

the

1240

 

original discharge port directly, and bunkers

consumed

for

 

steaming

during

1241

 

such additional period, shall be calculated and compensated in accordance with

1242

 

the provisions of Clause 22.3.

 

 

 

 

 

 

 

 

1243

39.4

If at any stage of the voyage after the loading of the cargo commences, it

1244

 

appears, in the reasonable judgement of the Master and/or Owners, that the

1245

 

Vessel, her cargo, crew or other persons on board the Vessel may be, or are

1246

 

likely to be, exposed to War Risks on any part of the route (including any canal

1247

 

or waterway) which is normally and customarily used in a voyage of the nature

1248

 

contracted for, and there is another longer route to the discharge port, Owners

1249

 

may give notice to Charterers that this route should be taken.

In such case this

1250

 

Charter shall be

read in respect of freight and

all other

conditions

whatsoever

1251

 

as if the voyage performed were that originally designated.

 

 

 

 

 

 

 

1252

 

However

if the Vessel discharges the cargo at

a port outside the

Ranges stated

1253

 

in Section F of PART 1, freight shall be paid as for the voyage originally

1254

 

designated and any additional period by which

the steaming

time

taken

to

1255

 

reach the discharge port exceeds the time which would

have

been

taken

to

1256

 

reach the

originally designated discharge port directly, and

bunkers

consumed

1257

 

for steaming during such additional period,

shall

be

calculated

and

1258

 

compensated in accordance with the provisions of

Clause

22.3.

Any

additional

1259

 

port, canal or waterway expenses incurred by Owners as a result of the Vessel

1260

 

discharging outside the Ranges stated in Section F of PART 1 as aforesaid shall

1261

 

be for Charterers' account and Charterers shall reimburse

to

Owners

any

1262

 

amounts due under this Clause 39.4 upon receipt

of Owners'

invoice

together

1263

 

with full supporting documentation.

 

 

 

 

 

 

 

 

 

 

 

 

 

1264

39.5

The Vessel shall have liberty:-

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1265

 

39.5.1

to comply

with all

orders,

directions,

recommendations

or

advice

1266

 

 

as to departure, arrival, routes, sailing in convoy, ports of call,

1267

 

 

stoppages,

destinations,

discharging

of

cargo,

delivery

or

in

any

1268

 

 

way whatsoever which are given by

the government of the state

1269

 

 

under whose flag the Vessel sails, or

other government

to whose

1270

 

 

laws Owners are subject, or any other government

 

which

so

1271

 

 

requires, or any body or group acting with the power to compel

1272

 

 

compliance with their orders or directions;

 

 

 

 

 

 

 

 

 

1273

 

39.5.2

to comply

with the orders,

direction

or recommendations

of

any

1274

 

 

war risks underwriters who have the

authority to give the same

1275

 

 

under

the

terms of the war risks insurance applicable to the Vessel;

1276

 

39.5.3

to comply

with the terms of any resolution of

the

Security

Council

1277

 

 

of the United Nations, any directives

of the European

Community,

1278

 

 

the effective orders of any other supranational body which has the

1279

 

 

right to issue and give the same, and with national laws aimed at

1280

 

 

enforcing the same to which Owners are subject, and to obey the

1281

 

 

orders and directions of those who are charged with their enforcement;

1282

 

 

enforcement;

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1283

 

39.5.4

to discharge at any other port any cargo or part thereof which may

1284

 

 

render

the

Vessel

liable

to

confiscation as

a

contraband

carrier;

1285

 

39.5.5

to call at any other port to change the crew or any part thereof or

1286

 

 

other persons on board the Vessel

if there is good reason to

1287

 

 

believe that they may be subject to

internment,

imprisonment

or

1288

 

 

other sanctions; and

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1289

 

39.5.6

if cargo has not been loaded or has

been discharged

by

Owners

1290

 

 

under this Clause 39, to load other cargo for

Owners'

own

benefit

1291

 

 

and carry it to any other port or

ports

whatsoever,

whether

1292

 

 

backwards

or forwards

or

in

a contrary direction

to the

ordinary or

1293

 

 

customary route.

 

 

 

 

 

 

1294

 

39.6

If in compliance with Clauses 39.2 to 39.5 anything is done or not done, such

1295

 

 

shall not be deemed to be a deviation, but shall be considered as due fulfilment

1296

 

 

by the party concerned of its obligations under this Charter.

 

 

 

 

 

1297

40.

BOTH-TO-BLAME COLLISION

 

 

 

 

 

 

1298

 

40.1

If the liability for any collision in which the Vessel is involved while performing

1299

 

 

this Charter falls to be determined in accordance with the laws of the USA, or

1300

 

 

the laws of any State which applies laws similar to those applied in the USA in

1301

 

 

the circumstances envisaged by this Clause 40, the following provision shall

1302

 

 

apply:-

 

 

 

 

 

 

1303

 

 

"If the Vessel comes into collision with another vessel as a result of the

1304

 

 

negligence of the other vessel and any act, neglect or default of the Master,

1305

 

 

mariner, pilot or the servants of the carrier in the

navigation

or

in

the

1306

 

 

management of the Vessel, the owners of the goods carried hereunder will

1307

 

 

indemnify the carrier against all loss or liability to the

other or non-carrying

1308

 

 

vessel or her owners in so far as such loss or liability represents loss

 

of,

or

1309

 

 

damage to, or any claim whatsoever of the owners of, said goods, paid or

1310

 

 

payable by the other or non-carrying vessel

or her owners to the

owners

of

1311

 

 

said goods and set off, recouped or recovered by the

other or non-carrying

1312

 

 

vessel or her owners as part of their claim against the carrying vessel or carrier.

 

1313

 

 

The foregoing provisions shall also apply where the owner, operators

or those

1314

 

 

in charge of any vessel or vessels or objects other than, or in addition to, the

1315

 

 

colliding vessels or objects are at fault in

respect of

collision or

contact."

1316

 

40.2

Whilst Charterers shall procure that all Bills of Lading issued under this Charter

1317

 

 

shall contain a provision in the foregoing terms, to be applicable where the

1318

 

 

liability for any collision in which the Vessel is involved falls to be determined

1319

 

 

under the preamble of this Clause 40, Charterers neither warrant nor undertake

1320

 

 

that such provision shall be effective. In the

event that

such provision

proves

1321

 

 

ineffective Charterers shall, notwithstanding anything to the contrary herein

1322

 

 

provided, not be obliged to indemnify Owners.

 

 

 

 

 

 

1323

41.

GENERAL AVERAGE

 

 

 

 

 

 

1324

 

General

Average shall be adjusted and settled in

London in

accordance

 

with

the

1325

 

York-Antwerp Rules, 1994 or any modification or re-enactment

thereof for

the time

1326

 

being in force.

 

 

 

 

 

 

1327

 

 

 

 

 

 

 

 

 

1328

42.

NEW JASON

 

 

 

 

 

 

1329

 

If, notwithstanding Clause 41, General Average is adjusted in accordance with the law

1330

 

and practice of the USA, the following provision shall apply:-

 

 

 

 

 

1331

 

"In

the event of accident, danger, damage or disaster before

or after

the

1332

 

commencement of the voyage, resulting from any cause whatsoever, whether due to

1333

 

negligence or not, for which, or for

the consequence

of

which, the carrier

is

not

1334

 

responsible, by statute, contract or

otherwise,

the cargo

shippers,

consignees

or

1335

 

owners of the cargo shall contribute

with

the

carrier

in

general

average

to

the

1336

 

payment of any sacrifices, losses or expenses of a general average nature that may be

1337

 

made or incurred and shall pay salvage and special charges incurred in respect of the

1338

 

cargo.

 

 

 

 

 

 

 

 

 

 

1339

 

If a salving ship is owned or operated by the carrier, salvage

shall be paid for as fully

1340

 

as

if the said salving ship or ships belonged to strangers.

Such deposit

as

the

carrier

1341

 

or

his agents may deem sufficient to

cover

the

estimated

contribution

of

the

cargo

1342

 

and any salvage and special charges thereon shall, if required, be made by the cargo

1343

 

shippers, consignees or owners of the cargo to the carrier before delivery".

 

 

 

 

 

1344

43.

CLAUSE PARAMOUNT

 

 

 

 

 

 

 

 

 

 

1345

 

All Bills of Lading issued under this Charter shall be deemed to contain the following

1346

 

Clause Paramount:-

 

 

 

 

 

 

 

 

 

 

1347

 

"CLAUSE PARAMOUNT

 

 

 

 

 

 

 

 

 

 

1348

 

(1)

This Bill of Lading shall have effect subject to any national law making the

1349

 

 

International Convention for the unification of certain rules of

law relating to

1350

 

 

bills of lading signed at Brussels on 25th August 1924 (The Hague Rules) or the

1351

 

 

Hague Rules as amended by the Protocol signed at Brussels on 23rd February

1352

 

 

1968 (The Hague/Visby Rules) compulsorily applicable to this Bill of Lading.

If

1353

 

 

any term of this Bill of Lading be repugnant to that legislation to any extent,

1354

 

 

such term shall be void to that extent but no further.

Neither the

Hague Rules

1355

 

 

nor the Hague/Visby Rules shall apply to this Bill of Lading where the goods

1356

 

 

carried hereunder consist of live animals or cargo which by this Bill of Lading is

1357

 

 

stated as being carried on deck and is so carried.

 

 

 

 

 

 

 

1358

 

(2)

Save where the Hague or Hague/Visby Rules apply by reason of (1) above, this

1359

 

 

Bill of Lading shall take effect subject to any national law in force at the port of

1360

 

 

shipment or place of issue of the Bill of Lading making the United Nations

1361

 

 

Convention on the Carriage of Goods by Sea 1978 (the Hamburg Rules)

1362

 

 

compulsorily applicable to this Bill of Lading in which case this Bill of Lading

1363

 

 

shall have effect subject to the Hamburg Rules which shall nullify

any

1364

 

 

stipulation derogating therefrom to the detriment of the shipper or consignee.

 

 

1365

 

(3)

Where the Hague, Hague/Visby or Hamburg Rules are not compulsorily

1366

 

 

applicable to this Bill of Lading, the carrier shall be entitled to the benefits of all

1367

 

 

privileges, rights and immunities contained in Articles I to VIII of the

1368

 

 

Hague/Visby Rules.

 

 

 

 

 

 

 

 

 

 

1369

 

(4)

Nothing in this Bill of Lading shall be construed as in any way restricting,

1370

 

 

excluding or waiving the right

of any relevant party or person

to

limit

his

1371

 

 

liability under any available legislation and/or law".

 

 

 

 

 

 

 

 

 

1372

44.

OIL POLLUTION INSURANCE

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1373

 

44.1

Owners warrant that they have, and shall maintain in

force

 

throughout

the

1374

 

 

period of this Charter, the following oil pollution insurances:-

 

 

 

 

 

 

 

 

1375

 

 

44.1.1

the

standard

oil

 

pollution

insurance

cover (currently US$500

1376

 

 

 

million) available, from time to time, from their Protection and

1377

 

 

 

Indemnity Club; and

 

 

 

 

 

 

 

 

 

 

 

 

1378

 

 

44.1.2

any

additional

oil

pollution

insurance

cover (currently US$200

1379

 

 

 

million) which is, or becomes, available from market, or

other

1380

 

 

 

sources provided always that the security of

the

provider

of

the

1381

 

 

 

cover is acceptable to Charterers.

 

 

 

 

 

 

 

 

 

 

1382

45.

OIL POLLUTION PREVENTION

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1383

 

45.1

Owners undertake that the Vessel:-

 

 

 

 

 

 

 

 

 

 

 

 

1384

 

 

45.1.1

is

a tanker owned by a member of

the

International

 

Tanker

1385

 

 

 

Owners

Pollution

Federation

Limited

and

 

will

so

 

remain

1386

 

 

 

throughout the period of this Charter.

 

 

 

 

 

 

 

 

 

1387

 

 

45.1.2

is entered in the P & I Club stated in Section 9.1 of the BP Shipping

1388

 

 

 

Questionnaire last

completed

by

or on behalf

of Owners

and will

1389

 

 

 

so remain unless Owners have given Charterers

prior

written

notice

1390

 

 

 

of

their

intention

 

to

change.

 

Owners

warrant

however,

that

the

1391

 

 

 

Vessel will only be entered in a P & I Club within the International

1392

 

 

 

Group of P & I Clubs.

 

 

 

 

 

 

 

 

 

 

 

 

1393

 

45.2

When an escape or discharge of Oil occurs from the Vessel and causes or

1394

 

 

threatens to cause Pollution Damage, or when there

is the Threat of an escape

1395

 

 

or discharge of Oil (i.e. a grave and imminent

danger of the escape or

1396

 

 

discharge

of

Oil

which,

if

it

occurred,

would

create

a

serious

 

danger

1397

 

 

of Pollution Damage, whether or not an escape or discharge in fact subsequently

1398

 

 

occurs), then upon notice to Owners or Master, Charterers shall have the right

1399

 

 

(but shall not be obliged) to place onboard the Vessel

and/or

have

in

1400

 

 

attendance

at

the incident one or more Charterers’

representatives

to

observe

1401

 

 

the measures

being taken by Owners and/or national or

local

authorities

or

1402

 

 

their respective servants, agents or contractors to prevent or minimise Pollution

1403

 

 

Damage and,

in Charterers’

absolute discretion, to

provide advice,

equipment

1404

 

 

or manpower or undertake such other measures,

at

Charterers’

risk

and

1405

 

 

expense, as are permitted under applicable law and as Charterers believe are

1406

 

 

reasonably necessary to prevent or minimise such

Pollution

Damage

or

to

1407

 

 

remove the Threat of an escape or discharge of Oil.

 

 

 

 

 

 

 

 

 

1408

45.3

The provisions of this Clause 45 shall be without prejudice to any other rights

1409

 

 

and/or

duties of Charterers or Owners whether arising under this Charter

or

1410

 

 

under applicable law or under any International Convention.

 

 

 

 

1411

 

45.4

In this Clause the terms "Oil", "Threat" and "Pollution Damage" shall have the

1412

 

 

same meaning as that defined in the Civil Liability Convention 1969 or any

1413

 

 

Protocol thereto.

 

 

 

 

 

1414

46.

LIEN

 

 

 

 

 

 

 

1415

 

Owners

shall

have a lien upon the cargo for all freight,

deadfreight, demurrage

and

1416

 

the cost of recovery thereof.

 

 

 

 

 

1417

47.

SUB-LETTING

 

 

 

 

 

1418

 

Charterers may sub-let the Vessel without prejudice to the respective rights and

1419

 

obligations of either party under this Charter.

 

 

 

 

 

1420

 

 

 

 

 

 

 

 

 

1421

48.

ADMINISTRATION

 

 

 

 

 

1422

 

48.1

Unless

otherwise specifically requested by either Owners or Charterers, no

1423

 

 

formal

charterparty shall be prepared and signed.

The

terms

and

conditions of

1424

 

 

this Charter shall be evidenced by a recap fixture telex ("Recap Fixture Telex")

1425

 

 

issued

by Charterers' broker to Owners and Charterers

and shall

be confirmed

1426

 

 

as correct by return telexes from both parties to the said broker who shall

1427

 

 

acknowledge receipt of such confirmation telexes to both parties within forty-

1428

 

 

eight (48) hours after the lifting of subjects and a charterparty in the format of

1429

 

 

this Charter, as modified by the Recap Fixture Telex and bearing the same date

1430

 

 

as the

Recap Fixture Telex, shall be deemed to have been signed by Owners

1431

 

 

and Charterers.

 

 

 

 

 

1432

 

48.2

If either party requires a formal charterparty to be prepared and signed then

1433

 

 

Owners shall procure that Owners' broker shall prepare a charterparty in the

1434

 

 

format of this Charter, as modified by the Recap Fixture Telex, and bearing the

1435

 

 

same date as the Recap Fixture Telex and shall arrange for signature thereof

by

1436

 

 

both Owners and Charterers.

 

 

 

 

 

1437

49.

LAW

 

 

 

 

 

 

 

1438

 

The construction, validity and performance of this Charter

shall

be

governed

by

1439

 

English Law.

The High Court in London shall have exclusive jurisdiction over any dispute

1440

 

which may arise out of this Charter.

 

 

 

 

 

1441

 

In Witness Whereof the parties have caused this Charter to be executed as of the date

1442

 

first above written

 

 

 

 

 

1443

 

........................................................................................................................................................

 

 

 

 

 

 

 

1444

 

for and on behalf of

 

 

 

 

 

1445

........................................................................................................................................................

1446

OWNERS

1447

........................................................................................................................................................

1448

for and on behalf of

1449

........................................................................................................................................................

1450

CHARTERERS

----------------------------------

This Charter Party is a computer generated copy of the BEEPEEVOY4 form printed under licence from BP Shipping Limited using software which is the copyright of Strategic Software Limited.

It is a precise copy of the original document which can be modified, amended or added to only by the striking out of original characters, or the insertion of new characters, such characters being clearly highlighted by underlining or use of colour or use of a larger font and marked as having been made by the licensee or end user as appropriate and not by the author.

APPENDIX 1

THE BP SHIPPING QUESTIONNAIRE