FIXTURE NOTE

C/P DATE:

IT IS ON THIS DAY . 2017, MUTUALLY AGREED AND CONFIRMED BY AND BETWEEN

THE SIGNATORIES BELOW ON THE FOLLOWING TERMS AND CONDITIONS: -

1. OWNERS: COSCO SHIPPING BULK CO., LTD

2. CHARTERERS:
3. PERFORMING VESSEL: TBN
 THE VESSEL AGE TO BE NOMINATED SHALL NOT BE MORE THAN 20 YEARS AGE.
 OWNER TO NOMINATE PERFORMING VESSEL NOT LATER THAN 7 DAYS PRIOR TO
VESL’S ETA.
 OWNER HAS THE RIGHT TO SUBSTITUTE THE NOMINATED BY LATEST 7 DAYS
PIOR TO INITIAL
NOMINATED VESSEL’S ETA AT LOADPORT.
 VESSEL SHALL BE FULLY COVERED BY H&M INSURANCE AND WILL NOT BE
CHANGED SO
DURING CURRENCY OF THE C/P.
 VESSEL SHALL BE CLASSED AND REMAIN SO DURING THE CURRENCY OF THIS
C/P WITH A
MEMBER OF IACS.
 VESSEL SHALL BE FULLY P&I COVERED AND WILL REMAIN SO DURING THE
CURRENCY OF THIS C/P WITH A MEMBER OF INTERNATIONAL GROUP OF P&I
CLUB.
 FREE OF LIEN WARRANTY: VESSEL SHALL BE FREE OF ANY ENCUMBRANCE
AND/OR LIENS
AND/OR ARREST.
 NON-BLACKLISTED WARRANTY: VESSEL SHALL NOT BE BLACKLISTED BY
INDONESIA, VIETNAM, SINGAPORE, PRC, AS WELL AS BY ANY TERMINAL OR
ANCHORAGE IN ASSOCIATION WITH THE CURRENT VOYAGE.

4. CARGO: COAL IN BULK, 50,000MT±10% MOLOO.

5. LAYCAN: . 2018.

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6. LOAD PORT: 1SAP, 1SP MUARA BERAU, INDONESIA.
7. LOAD RATE: 8,000MT PWWD SSHINC.
8. DISCHARGE PORT: 1SB, 1SP, MUNDRA, INDIA.
9. DISCHARGE RATE: 5,000MT PWWD SSHINC.
10. FREIGHT RATE: US$
IF ANY ALTERNATION WITH LOAD AND DISCHARGE PORT(S), THE FREIGHT TO BE
CALCULATED BSS AN OPEN BOOK WITHOUT CONSIDERING REPOSITION BSS
MUTUALLY AGREED.

11. DEAD FREIGHT: IN CASE THE VESSEL ARRIVED AT THE LOAD PORT WITHIN
STIPULATED LAYCAN BUT THE CHARTERERS FAILED TO PROVIDE ENOUGH CARGO
DUE TO DRAFT RESTRICTION OR ANY OTHER REASON SO AS NOT TO LOAD THE
VESSEL AS PER THE MASTER’S DECLARATION IN ACCORDANCE WITH THIS C/P, THE
CHARTERERS HAVE TO PAY DEAD FREIGHT TO OWNERS AS PER THE CARGO
DECLARATION AND FREIGHT RATE CLAUSE.
12. DEMURRAGE/DESPATCH RATE: USD16,000.00 PER DAY OR PRORATA, DESPATCH
HALF DEMURRAGE.;
DEMURRAGE AT LOAD PORT TO BE SETTLED WITHIN 3 (THREE) WORKING DAYS
AFTER COMPLETION OF LOADING AND BEFORE COMMENCEMENT OF DISCHARGING
AT DIS PORT WITH SUPPORTING DOCUMENTS APPROVED BY BOTH PARTIES.
SHOULD THE CARGO BE NOT READY WITHIN 5 (FIVE) DAYS AFTER VESSEL’S
ARRIVAL AT LOAD PORT, THE CHARTERERS SHALL PAY THE ACCUMULATED
DEMURRAGE ON THE 6TH DAY AND EVERY 5 DAYS THEREAFTER AS IT FALLS DUE
AGAINST OWNERS INVOICE.
IF THE DEMURRAGE IS NOT RECEIVED ON OWNERS’ NOMINATED BANK ACCOUNT ON
THE DUE DAY, THE OWNERS WILL HAVE THE OPTION TO SAIL FROM THE LOAD PORT
WITH NO CARGO AND CLAIM FOR LOSS OR DAMAGES IN SO RELATION TO.
THE FINAL DEMURRAGE/DEPSPTCH AT DIS PORT TO BE SETTLED WITHIN 15
(FIFTEEN) DAYS AFTER COMPLETION OF DISCHARGING WITH SUPPORTING
DOCUMENTS APPROVED BY BOTH PARTIES.

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13. DEPOSIT: WITHIN 3 (THREE) DAYS AFTER CLEAN FIXTURE NOTE OF THIS C/P AND
BEFORE THE NOMINATION OF VESSEL, THE CHARTERERS TO PAY US$50,000.00
TO OWNERS’ NOMINATED BANK ACCOUNT AS DEPOSIT WHICH CAN BE OFFSET
TO THE FREIGHT ON FREIGHT PAYMENT.
IN CASE THE CHARTERERS FAIL TO PAY THE AFORE MENTIONED AMOUNT ON TIME,
THE OWNERS HAVE THE RIGHT TO CANCEL THIS C/P AND RESERVE THE RIGHT TO
CLAIM AGAINST THE CHARTERERS FOR THIS AMOUNT.
IN CASE THE OWNERS MISSED LAYCAN AS STATED ABOVE OR ADJUSTED BY
MUTUAL AGREEMENT, OR THE OWNERS CANCELED THE VESSEL NOMINATION BY
MISTAKE OR WILLINGLY, THE OWNERS SHOULD RETURN BACK DOUBLE THE SAID
DEPOSIT AMOUNT TO CHARTERERS.

14. PAYMENT: 100 PERCENT FREIGHT, TOGETHER WITH DEADFREIGHT IF ANY, LESS THE
DEPOSIT IN ADVANCE AFORE SAID AND LESS ADDRESS COMMISSIONS IF ANY, TO BE
PAID WITHIN 3 (THREE) BANKING DAYS AFTER COMPLETION OF LOADING AND/OR
SIGNING BILLS OF LADING BUT ALWAYS BEFORE BREAKING BULK.
THE OCEAN FREIGHT, WHETHER PAID OR NOT, SHALL BE DEEMED FULLY EARNED
AFTER THE CARGO BEING LOAED ON BOARD, NON-DEDUCTIBLE AND
NON-RETURNABLE IN ANY EVENT, EVEN THE VESSEL AND/OR CARGO LOST AND
SHALL BE PAID AS PER CALCULATION BY FREIGHT RATE AND THE BILL(S) OF
LADING QUANTITY.

15. VESSEL NOMINATION:

OWNERS SHALL NOMINATE THE VESSEL 7 (SEVEN) DAYS BEFORE THE 1ST LAY DAY
OF THE LAYCAN, AND CHATERER SHALL REPLY THE ACCEPTANCE OR REJECTION
OF THE NOMINATION WITHIN 24HOURS (SAT, SUN, HOLIDAY EXCLUDED) , WHICH
THE ACCEPTANCE MUST NOT BE UNREASONABLY WIHTHELD.
IN CASE THE CHARTERER FAIL TO REPLY REJECTION OF THE VESSEL NOMINATION
WITHIN 24 HOURS, THE VESSEL NOMINATION SHOULD BE DEEMED AS ACCEPTED BY
CHARTERERS.
THE OWNERS HAVE THE RIGHT TO SUBSTITUE THE NOMINATED VESSEL BY LATEST
5 (FIVE) WORKING DAYS PRIOR TO THE ORIGINAL VESSEL’S ETA AT LOAD PORT. THE
SUBSTITUTE VESSEL SHALL HAVE AN ETA IN THE LAYCAN AND SUCH ETA OF THE
SUBSTITUTE VESSEL NOT TO BE EARLIER THAN THAT OF THE PREVIOUSLY
NOMINATED VESSEL. THE SUBSTITUE VESSEL MUST BE PRESENTED WITHIN THE
ORIGINAL LAYCAN AGREED UPON.

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16. VESSEL NOTICE:
THE MASTER/AGENT TO GIVE CHARTERERS IN 7 (SEVEN) DAYS, 5 (FIVE) DAYS, 3
(THREE) DAYS, 2 (TWO) DAYS AND 24 (TWENTY FOUR) HOURS NOTICE OF ARRIVAL
AT LOADING PORT, AND TO GIVE ETA DIS PORT NOTICE ON SAILING FROM LOAD
PORT AND 5 (FIVE), 3 (THREE) DAYS, 2 (TWO) DAYS AND 24 (TWENTY FOUR) HOURS
NOTICE OF ARRIVAL AT DIS PORT.

17. NOR: NOR SHALL BE TENDERED BY MASTER OR AGENT UPON VESSEL’S ARRIVAL AT
OUTER ANCHORAGE OF LOAD OR DIS PORT BY CABLE OR EMAIL AT ANY TIME (DAY,
NIGHT, SATURAY, SUNDAY, HOLIDAY INCLUDED), AND SHALL BE IN ALL RESPECTS
READY FOR LOADING OR DISCHARGING THE STIPULATED CARGO, WIPON, WIBON,
WIFON, WICON.

18. LAYTIME CALCULATION:

THE LAYTIME SHALL COMMENCE IN 12 HOURS TURN TIME AT BOTH ENDS UPON
TENDERING THE NOR, UNLESS THE LOADING/DISCHARGING IS SOONER
COMMENCED, IN SUCH CASE THE ACTUAL TIME USED TO COUNT.
THE LAYTIME SHALL CEASE TO COUNT UPON COMPLETION OF LOADING.
THE LAYTIME SHALL CEASE TO COUNT UPON COMPLETION OF DISCHARGING
OPERATION AND FINAL DRAFT SURVEY.
THE LAYTIME AT LOADING AND DISCHARGING PORT IS NON-REVERSIBLE.

19. B/L CLAUSE:

BILL(S) OF LADING SHALL BE SIGNED BY THE OWNERS’ AGENT AND SHALL BE
ALWAYS BE IN STRICT CONFORMITY WITH THE MATE’S RECEIPT.
BILL(S) OF LADING SHALL BE ISSUED WITHIN 1 (ONE) WORKING DAY FROM THE
DATE OF RECEIVING 100 PERCENT FREGHT PAYMENT, LESS THE DEPOSIT IN
ADVANCE AND LESS ADDRESS COMMISSIONS IF ANY, OR ALTERNATIVLY, WITHIN
1 (ONE) WORKING DAY FROM THE DATE OF REVEIVING THE CHARTERERS BANK
WRITTEN CONFIRMATION THAT 100 PERCENT FREIGHT, LESS THE DEPOSIT IN
ADVANCE AND LESS ADDRESS COMMISSIONS IF ANY, HAS BEEN IRREVOCABLY
TRANSFERRED TO OWNERS BANK.
“CLEAN ON BOARD” BILL(S) OF LADING SHALL ONLY BE SIGNED AND ISSUED TO
SHIPPERS AT LOAD PORT PROVIDED THAT THE MASTER HAS THE RIGHT TO REJECT
ANY UNSOUND CARGO AND SAME TO BE REPLACED BY CHARTERS/SHIPPERS AT

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 THEIR TIME, RISK AND EXPENSES AND ACCEPTED BY THE MASTER. IN CASE ANY
REMARKS IN MATE’S RECEIPT, “CLEAN ON BOARD” BILL(S) OF LADING SHALL NOT
BE ISSUED UNLESS THE CHARTERERS OR SHIPPERS SUBMIT THE LOI IN OWNER’S
WORDING COVERING THOSE REMARKS AND BEING ACCEPTED BY OWNERS.
IN CASE RECEIVER CANNOT SURRENDER ORIGINAL BILL(S) OF LADING TIMELY AT
DISCHARGE PORT, CHARTERERS, AT THEIR SOLE DISCRETION, HAS THE OPTION TO
1) USE SHIPPING GUARANTEE WHICH IS ISSUED BY RECEIVERS’ BANK IN CHINA;
2) DISCHARGE OF FULL CARGO UPON ARRIVAL AGAINST CHTRS LOI IN OWNERS
PNI CLUB WORDING AND SIGNED BY CHTRS ONLY, WHILE CARGO RELEASE
MUST BE AGAINST ORIGINAL BILLS OF LADING.
FOR ABOVE LOI CASES, OWNERS TO ACCEPT AS SUFFICIENT FAXED/OR BY
ELECTRONIC MAIL ATTACHMENT LOI. THE ORIGINAL TO FOLLOW BY SENDING
TO OWNERS’ OFFICE SOONEST THEREAFTER.

20. MATE’S RECEIPT: THE MATE’S RECEIPT SHALL BE SIGNED BY THE MASTER OF THE
VESSEL. THE “UNKNOWN” REMARKS ON CARGO QUALITY SHALL BE ACCEPTABLE
BY CHARTERERS/SHIPPERS, AND THE OWNERS/MASTER SHALL NOT BE HELD
RESPONSIBLE FOR CARGO QUATLITY AT ANY EVENT.

CARGO QUANTITY TO BE ASCERTAINED BY THE WAY OF DRAFT SURVEY TO BE

CARRIED OUT BY INDIPENDENT SURVEYOR(S) APPOINTED BY
CHARTERES/SHIPPERS/RECEIVERS AT THEIR EXPENSES AND APPROVED BY
OWNERS AT BOTH ENDS. THE DRAFT SURVEY TO BE JOINED AND SUPERVISED
BY THE MASTER OR HIS REPRESENTATIVE ON BOARD, AND THE DRAFT SURVEY
REPORT SHOULD BE SIGNED BY THE MASTER OR HIS REPRESENTATIVE.

21. STEVEDORES DAMAGE: IF ANY AT LOAD PORT OR DISCHARGE PORT, TO BE

SETTLED BETWEEN OWNERS AND THE STEVEDORES, BUT CHARTERERS TO ASSIST
AT ALL POSSIBLE.

22. LIGHTERAGE: LIGHTERAGE/LIGHTENING, IF ANY AT BOTH ENDS TO BE ARRANGED

BY CHARTERERS/SHIPPERS/RECEIVERS AT THEIR RISKS, TIME AND EXPENSES.

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23. ALL CHARGES, TAXES, DUES EXPENSES LEVIED ON VESSEL/FREIGHT TO BE FOR
OWNER’S ACCOUNT, AND THE SAME ON CARGO TO BE FOR CHARTERERS’
ACCOUNT AT BOTH ENDS.

24. SHOULD THE VESSEL BE DETAINED BY AUTHORITIES AT LOAD AND/OR DIS PORTS,
THE DIRECT ACTUAL EXPENSES INCURED ON VESSEL TO BE FOR OWNERS’
ACCOUNT IF THE DETENTION OR ARREST CAUSED BY OWNERS AND/OR THEIR
EMPLOYEES. THE SAME TO BE FOR CHARTERERS/CONSIGNEES ACCOUNT IF THE
ARREST OR DETENTION CAUSED BY THE CHARTERERS/CONSIGNEES AND/OR THEIR
EMPLOYEES.

25. FINAL SETTLEMENT OF THE VOYAGE INCLUDING DEMURRAGE/DESPATCH

ACCOUNTS SHOULD BE WITHIN 15 (FIFTEEN) WORKING DAYS AFTER COMPLETION
OF DISCHARGE. OWNERS TO SUBMIT LAYTIME CALCULATIONS WITH SUPPORTING
DOCUMENTS (STATEMENTS OF FACTS, VALID NOTICES OF READINESS, ETC)
SOONEST ON COMPLETION OF DISCHARGE, THE CHARTERERS SHALL CHECK AND
REVERT WITH REASONABLE COMMENTS SO AS TO REACH THE AGREEMENT ON
LAYTIME CALCULATIONS ASAP.

26. AGENT: OWNERS’ AGENT AT BENDS.

27. COMMISSION: NIL.

28. NEW JASON CLAUSE, THE GENERAL PARAMOUNT CLAUSE, VOYWAW 2013, PIRACY
CLAUSE 2013, HIMALAYA CLAUSE, BOTH TO BLAME COLLISION CLAUSE, POLUTION
CLAUSE SHALL BE DEEMED TO BE INCORPORATED INTO THIS C/P.

29. G/A: GENERAL AVERAGE, IF ANY, THE YORK-ANTWERP RULES 1994 TO BE APPLIED.

30. ARBITRATION: ALL DISPUTES, CONTROVERSIES OF DEFFERENCE WHICH MAY ARISE

FROM OR BE IN RELATION TO THIS C/P, TO BE SETTLED IN HONGKONG AND THE
ENGLISH LAW TO APPLY, THE AWARD SHALL BE FINAL AND BINDING UPON BOTH
PARTIES.

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31. OTHERS AS PER GENCON CP94.

32. THE ABOVE CONTRACT WILL BE SIGNED BY FAX OR EMAIL AND HAS THE SAME
FORCE AND EFFECT AS ORIGINAL CONTRACT.

33. ALL NEGOTIATION /FIXTURE TO BE KEPT STRICTLY SECRET. ANY PARTY LEAKS
THE FIXTURE, THE OTHER PARTY HAS THE RIGHT TO INVESTIGATE AND AFFIX THE
RESPONSIBILITY

END

THE OWNER THE CHARTERER

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