You are on page 1of 15

RIDER CLAUSES TO XXXXXX/NHL DEVELOPMENT

CHARTER PARTY DATED XXTH JUNE, 2015

Clause 30 Shipments Period


6 (Six) plus/minus 2 (two) shipments, in Charterers’ option, for July 2015 /
January 2016

Clause 31 Loading Ports


1 safe anchorage 1 safe port Adang Bay, Indonesia, or in Charterers’ option,
1 safe anchorage 1 safe port Samarinda, Indonesia, or in Charterers’ option,
1 safe anchorage 1 safe port Taboneo, Indonesia, or in Charterers’ option,
1 safe anchorage 1 safe port Satui, Indonesia, or in Charterers’ option,
1 safe berth 1 safe port NPLCT, Indonesia, or in Charterers’ option,
1 safe berth 1 safe port TBCT, Indonesia
Charterers to have option to declare other loading port(s) than the above, in
which case Charterers/Owners to discuss and mutually agree the relevant freight
rate to make the same daily earning on open book basis.

Clause 32 Owners Warranty


Owners/Master/Vessel to comply with all rules, regulations and requirements,
and to satisfy themselves as to all drafts and other restrictions at the load and
discharge port terminal/facilities/appliances.
Vessel shall be single-deck self trimming bulk carrier, gearless, suitable for
Coal in main holds only and full compliant with port restrictions/regulations. In
case vessel has any problem incurred due to vessel`s equipment, it is Owner`s
responsibility and time/expenses required to settle such problem.

Clause 33 Taxes and Dues


All taxes and/or dues on cargo to be for Charterers’ account. Tax on freight, if
any, to be for Owners’ account. (Charterers confirm that tax on freight at the
port(s) of discharge in the Republic of Korea not to be imposed.)

Clause 34 Nomination and ETA Notice


Charterers to give tentative schedule of each shipment 30 days prior to the 1st
day of the relevant laycan as guidance and in good faith only. Charterers to
declare 7 (seven) days spread laycan with loading port of each shipment with 20
days notices, and Owners to nominate performing vessel latest 14 days prior to
the 1st day of the relevant laycan. Further, Owners have right to substitute
performing vessel latest 7 days prior to the 1st day of the relevant laycan at load
port.
Charterers to confirm their acceptance of performing vessel within 1 working
day after Owners’ nomination with supporting documents and questionnaire if
required.
If Owners fail to nominate performing vessel 7days prior to 1st day of the
relevant laycan at load port, Charterers can propose a suitable vessel and owners
to take the vessel on their account but the hire should be reasonable.

Owners and/or Master to give 7/4/3/2/1 days notice of ETA at the both ends to
Charterers and agents. 7 days notices to be accompanied by estimated cargo
quantity and stowage plan.
Charterers to be kept well advised about any alterations of vessel`s position and
Owners/Master to communicate to Charterers the date when the vessel leaves
the previous port of call.
Upon completion of loading, Master to cable immediately to Charterers and
Port Agents at load and discharge giving vessel`s sailing date, exact quantity of
cargo loaded and vessel`s expected arrival date and draft at first port of
discharging.

Clause 35 Notice of Readiness


(a) Vessel shall arrive with clean ballast only. After the vessel has arrived at the
port of loading and is ready to load, a Notice of Readiness shall be given by the
Master to Supplier/Charterer by email, telex, fax or other appropriate method.
The vessel shall be deemed ready within the meaning of this paragraph upon
arrival at the port of loading subject to holds being cleaned and free pratique
being granted.
At loading port, Notice of Readiness shall be tendered during office hours (See
clause42), whether in berth or not, whether in port or not, whether in free
pratique or not, whether in customs cleared or not
Laytime shall commence at loading ports following such Notice of Readiness at
the expiration of twelve hours, unless sooner commenced, if used, actual time
used shall count.
(b) At the port of discharge, Notice of Readiness to be tendered and accepted
during normal office hours 0900-1700 Monday through Friday whether in berth
or not, whether in port or not, whether in free pratique or not, whether in
customs cleared or not. Laytime shall commence after twelve hours turn time
unless sooner commenced, if used, actual time used to count. If after berthing
the vessel is found not granted on arrival at the berth, laytime shall be deemed
not to have commenced until the vessel is in fact in free partique and in all
respects ready to discharge then laytime to be commenced 12 hours after the
Notice of Readiness was tendered, unless sooner commenced, if used, actual
time used shall count.
Clause 36 Early loading
In the event that vessel arrives at the load port prior to the commencement of
her laydays it is understood that she may only tender her Notice of Readiness on
the first layday unless otherwise agreed by Charterers.
Notwithstanding the turn time, for an early arrival, time to count on loading
commenced or commencement of laydays whichever is the sooner.
If the vessel arrives outside of her laydays and Charterers accept the Notice of
Readiness, the vessel to be loaded in regular turn. For a late arrival,
notwithstanding the turn time only actual time used to be counted.

Clause 37 Despatch
The vessel shall close hatches and vacate the berth as soon as
loading/discharging is completed. Any demurrage, loss or damage incurred by
Shipper/Receivers/Charterers as a result of the vessel`s failure to vacate the
berth promptly shall be paid for Owners’ account.

Clause 38 ITF
Performing vessels to comply with ITF regulations or Bonafide Trade Union
agreement and any delay and/or extra expenses incurred due to vessel`s crew
wages and/or terms not complying with those laid down by the International
Transport Workers`s Federation(ITF) or due to vessel`s flag, age or ownership
to be for Owners’ account.

Clause 39 Shifting
If additional berth(s) are required by Charterers request or purpose, shifting to
be for Charterers’ account and time as to count Shifting by mooring lines
required while vessel on berth to be at Charterers` expense, unless done at
vessel`s request, but time to always count as laytime.

Clause 40
Vessel to provide all necessary light as on board for night work.

Clasue 41 Laytime
(a) Laytime to be non-reversible between loading and discharging ports.
(b) Shall not include any time during which the vessel is engaged in proceeding from
anchorage or from the pilot boarding area to the berth (all fast when
loading/discharge alongside a wharf) even if on demurrage;
(c) Shall not include any delays in the commencement of loading or interruptions to
loading caused or contributed to by or arising out of the deballasting of the vessel or
by any default of the vessel even if on demurrage;
(d) Shall not include any time used for extra trimming by the vessel's crews required
by the Master of the vessel even if on demurrage;
(e) Shall not include any time used for draft check;
(f) Shall not include all time to pass quarantine and to warp for loading.
(g) Shall not include any time used for moving ship loader at NPLCT
(h) shall cease on completion of loading /discharging
(i) Shall not include Christmas Day and New Year’s Day and Thanksgiving Holiday
at the port of loading/discharging unless worked.
(j) once demurrage, always demurrage under this Charter Party.
Time lost due to the causes stipulated in FORCE MAJEURE Clause herein.
Provided that the Charterer or the Charterers’ representative declares to the
Master of the vessel or his agent the situation is one of the Force Majeure events
pursuant to Force Majeure clause, the time from when Force Majeure event(s)
occur(s) to when the Force Majeure event terminates shall not count as laytime
upto maximum 6 days, unless vessel is already on demurrage, time to count as
time on demurrage.

Clause 42 Loading and Discharging Term


Loading Term at Adang Bay and Samarinda
16,000 metric tons per weather working day Sundays and Holidays included,
but excluding Super Holidays unless used. If used, actual time used to count.
NOR to be tendered during office hour (0900~1700 hours Monday to Friday,
0900~1200 hours Saturday)
12 hours turn time unless sooner commenced, if used, actual time used to count.
But laytime shall not counted during super holidays and count next morning
from 0800 hrs

Loading Term at Sauti


15,000 metric tons per weather working day Sundays and Holidays included,
but excluding Super Holidays unless used. If used, actual time used to count.
NOR to be tendered during office hour(0900~1700 hours Monday to Friday,
0900~1200 hours Saturday)
12 hours turn time unless sooner commenced, if used, actual time used to count.

Loading Term at Taboneo


15,000 metric tons per weather working day Sundays and Holidays included,
but excluding Super Holidays unless used. If used, actual time used to count.
NOR to be tendered any time day and night.(If the vessel arrives on Indonesia
holiday then NOR is deemed as received at 0900 hours on next day)
12 hours turn time unless sooner commenced, if used, actual time used to count.
But laytime shall not counted during super holidays and count next morning
from 0800 hrs
Loading Term at TBCT (Tanjung bara coal terminal)
35,000 metric tons per weather working day Sundays and Holidays included,
but excluding Super Holidays unless used. If used, actual time used to count.
NOR to be tendered during office hour (0800~1630 hours Monday to Friday,
0800~1200 hours Saturday)
12 hours turn time unless sooner commenced, if used, actual time used to count.

Loading Term at NPLCT


25,000 metric tons per weather working day Sundays and Holidays included,
but excluding Super Holidays unless used. If used, actual time used to count.
NOR to be tendered during office hour (0700~1600 hours Monday to Sunday,
excluding Super Holidays)
12 hours turn time unless sooner commenced, if used, actual time used to count.

Discharging Term
20,000 metric tons per weather working day Sundays and Holidays excluded,
unless used. If used time actual time used to count.
NOR to be tendered during office hour (0900~1700 hours Monday to Friday)
12 hours turn time unless sooner commenced, if used, actual time used to count.

Clause 43 Substitute vessel


Owners to be allowed to replace the nominated vessel with a substitute vessel
subject to Charterers’ prior approval which shall not be unreasonably with held.

Clause 44 Ship`s age


Owners not to nominate vessel aged more than 25 years but Owners to
nominate vessel aged upto maximum 15 years for NPLCT & TBCT loading
only. (NPLCT/TBCT terminal max 15 years but it is acceptable if vessel pass
terminal documents inspection)

Clause 45 Draft Survey


The quantity of coal loaded shall be determined by draft survey of the vessel
before and after loading. Such survey report shall be made by a certified
independent public marine surveyor.

Clause 46 Performing vessel / Nomination


Preforming Vessel : MV TBN
Owners have right to substitute the actual performing vessel latest by 7 days
prior to the 1st day of the relevant laycan at loading port, of which Charterers to
confirm their acceptance within 1 working day after the Owners nomination.
Performing vessel shall be :-
Gearless Single Deck Bulk Carrier

Maximum 25 years old with Rightship approved, except NPLCT/TBCT only


where maximum 15 years old. However, if the nominated vessel without
Rightship certificate is accepted by loading and discharge port vetting
inspections, the vessel is acceptable.

Suitable to trade the relevant voyage in every respect

The name, former name(s) and full description of the Vessels including but not
limited to the details set out below:
(a) Name (Ex Name)
(b) Year built
(c) Flag
(d) Register and changes in register
(e) Nationality of crew and Master
(f )Dimensions, specifications and gear, which includes:
DWT/GRT/NRT/ LOA/LBP
Beam
Number and dimensions of Holds and Hatches
Winch configurations
Deck gear (including cranes, derricks)
Number and capacity of grabs (if any)
Communication details, namely INMARSAT / SATCOM C / Call Sign (as
applicable)
Summer draft/grain cubic
(g) Confirmation of ITF certification and Certificate Number
(h) Shipowner's statement affirming vessel meets all SOLAS and Australian Hold
Ladder requirements
(i) Previous (discharge) port
(j) ETA and ETD at previous port
(k) Shipowner's statement and cooperation for Seller to have the option to
arrange for independent survey at previous port
(l) Previous cargo
(m) Laycan
(n) ETA at loadport
(o) Loadable quantity and hatch division
(p) Undertaking that ropes are up to standard
(q) Dates and details of previous AMSA inspections and detentions (if any)
(r) Date and place of latest vessel survey
(s) Classification society and changes
(t) Owner and changes
(u) Type and particulars of the Vessels, including estimated draft of arrival
The General Arrangement plans of all first time vessels to Charterer’s ports
should also be provided to Charterer prior to vessel's arrival at the Port of
Loading, wherever possible, for reference by the shiploading personnel.

Clause 47 Bill of Lading


(a) The form of Bill of Lading to be Owners’ form.
(b) Owners/Master to authorize Owners’ agent to sign Bill of Lading in
conformity with Mate’s receipt.
(c) Where Bill(s) of Lading show a destination and/or notify party and/or
Shipper and/or Consignee. Charterers are allowed to change the destination
and/or notify party and/or Shipper and/or Consignee, and have original Bill(s)
of Lading re-issued and signed by their agents against Charterers’ signed LOI in
Owners’ P&I Club wording but new set of bill(s) of lading should be signed by
owner’s agent.
(d) In the event when original Bill(s) of Lading is not available at discharging
port, Owners to allow discharging against Charterers' corporate Letter of
Indemnity issued in accordance with Owners' P&I Club wording.
E The original Bill(s) of Lading are always to be returned to the Owners or their
agents, prior to the issuing of the new Bill(s) of Lading and Charterers hereby
warrant that at no time shall there be more than one set of signed original Bill(s)
of Lading in circulation.

Clause 48 Special Provisions


(a) Should any dispute arise between Owners and Charterers, the matter in
dispute shall be referred to three persons in London, one to be appointed by
each of the parties hereto, and the third by the two and for the purpose of
enforcing any award, this agreement may be made a rule of the court. The
arbitrators shall be commercial men. English law to be applied.
(b) Owners warrant that the vessel is entered with the protection and indemnity
insurer for the full coverage available for marine pollution risks. When an
escape or discharge of oil or other hazardous substances occurs from the vessel
and causes or threaten to cause pollution damage, or when there is a threat of an
escape or discharge of oil the escape or discharge of oil or other hazardous
substances (i.e. a grave and imminent danger of the escape or discharge which,
if it occurred, would create a serious danger of pollution damage), then Owners
shall immediately undertake such measures as are reasonably necessary to
prevent or minimize such damage or to remove the threat. Owners shall keep
Charterers advised of the nature and result of any such measures intended to be
taken by them. If charterers, their agent or any other party, to be imposed any
liability due to pollution of navigable water by the ship, owners should bear
corresponding responsibility according to relevant statute.
(c) Charterers intend to work bulldozer in vessel’s holds and discharge with
large shore grabs.
(d) Stevedore damage to be settled between Owners and stevedores directly.
However, Charterers always to render customary assistance for the solution.
(e) Compensation for failure of due non-performance of this agreement, proved
damages, not exceeding the estimated amount of freight, shall be borne by the
party originated.
(f) Overtime, if any, to be for the account of the party ordering the same. In the
event of overtime being ordered by the Port Authorities, the cost of the same to
be for Charterers’ account.
(g) Charterers’ agent at loading port and Charterers’ agent at disport.
(h) Any extra insurance premium on cargo loaded due to the vessel’s age
over/including 26 years to be borne by Owners but not to exceed US$3,000.
(i) Owners are responsible for all costs & losses incurred by vessels delayed for
loading schedule.

Clause 49 Demurrage
Demurrage written invoice together with full supporting documentation
(including but not limited to NOR, statements of facts and vessel timesheets at
loadport and discharge port, where appropriate and Master's protests if any) to
be submitted to Charterers as soon as possible after completion of discharge and
in any event by the date for settlement of the freight balance. Any claims for
demurrage must be made by invoice together with full supporting
documentation within 90 days of completion of discharge, provided the relevant
documentation has been received by the Owners from the load and discharge
port agents, failing which such claims shall be deemed waived by Owners and
barred.
Demurrage / Despatch Rate : US$ 9,000 DHD

Clause 50
From the date of coming into force of the International Safety Management
(ISM) code in relation to the vessel and thereafter during the currency of the
Charter Party, the Owners shall procure that the vessel and “the Company” (as
defined by the ISM code) shall comply with the requirements of the ISM code.
Upon request the Owners shall provide a copy of the relevant Document of
Compliance (DOC) and Safety Management Certificate (SMC) to the
Charterers.
Except as otherwise provided in this Charter Party, loss, damage, expense or
delay caused by failure on the part of “the Company” to comply with the ISM
code shall be for Owners` account.
Clause 51 War risk
Basic annual war risk insurance premium to be for Owners' account. Any
additional and or extra war risk insurance premium to be for Charterers'
account. Same to be substantiated by Bona Fide vouchers and subject to the
circumstances to be fully competitive and to include trapping / blocking and
loss of hire in case of blocking / trapping, and crew war bonus.
Subject to Owners' prior and final approval, which not to be unreasonably
withheld, and subject to Head-Owners' agreement, Charterers' option to provide
extra war risk insurance, and any insurance provided by Charterers or under
government program to provide similar terms and conditions as Owners' policy.

Clause 52 General Average and the New Jason clause


General average shall be adjusted according to the York/Antwerp rules, 1974,
but where the adjustment is made in accordance with the law and practice of the
United States of America, the following clause shall apply;-
“In the event of accident, danger, damage or disaster before or after the
commencement of the voyage, resulting from any cause whatsoever, whether
due to negligence or not, for which, or for the consequence of which, the carrier
is not responsible, by statute, contract or otherwise, the goods, shippers,
consignees or owners of the goods shall contribute with the carrier in general
average to the payment of any sacrifices, losses, or expenses of a general
average nature that maybe made or incurred and shall pay salvage and special
charges incurred in respect of the goods.”
“If a salving ship is owned or operated by the carrier, salvage shall be paid for
as fully as if the said salving ship or ships belonged to strangers. Such deposit as
the carrier or his agents may deem sufficient to cover the estimated contribution
of the goods and any salvage and special charges thereon shall, if required, be
made by the goods, shippers, consignees or owners of the goods to the carrier
before delivery.”
And the Charterers shall procure that all Bills of Lading issued under this
Charter Party shall contain the same clause.

Clause 53 New Both-To-Blame Collision Clause


If the liability for any collision in which the vessel is involved while performing
this Charter Party falls to be determined in accordance with the laws of the
United States of America, the following clause shall apply:
“If the vessel comes into collision with another ship as a result of the negligence
of the other ship and act, neglect or default of the master, mariner, pilot or the
servants of the carrier in the navigation or in the management of the vessel, the
owners of the cargo carried hereunder will indemnify the carrier against all loss
or liability to the other or non-carrying ship or her owners in so far as such loss
or liability represents loss of, or damage to, or any claim whatsoever of the
owners of said cargo, paid or payable by the other or non-carrying ship or her
owners to the owners of said cargo and set-off, recouped or recovered by the
other or non-carrying ship or her owners as part of their claim against the
carrying vessel or carrier.”
“ The foregoing provisions shall also apply where the owners, operators or
those in charge of any ship or ships or objects other than, or in additional to, the
colliding ships or objects are at fault in respect to a collision or contact.”
And the Charterers shall procure that all Bills of Lading issued under this
Charter Party shall contain the same clause.

Clause 54 General Clause Paramount


The following clause shall apply in respect of all Charter Parties for shipments
from ports other than Canadian and U.S. ports:
This Charter Party is subject to all the terms and provisions of, and all the
exemptions from liability contained in the international convention of the
unification of certain rules of law relating to Bills of Lading dones in Brussels
25th August, 1924 as amended by the protocols done in Brussels 23rd February,
1968 and 21st December, 1979.
The following clause shall be included in all Bills of Lading issued hereunder:
“All terms provisions and conditions of the rules contained in the international
convention for the unification of certain rules relating to bills of lading dated
Brussels the 25th August, 1924 as amended by the protocol done in Brussels
23rd February,1968(Commonly known as “Hague-Visby Rules”) and by the
protocol done in Brussels 21st December, 1979, shall apply to the contract
evidenced by this bill of lading, but if in the country of shipment or delivery of
the cargo any special law has been enacted in order to incorporate the rules of
the said convention and/or of the said protocols, then all the term, provisions
and conditions of the said convention and of the said protocols, with and subject
to such modifications and additions, if any as, ate imposed by such special law
shall apply. Nothing herein contained shall be deemed to be a surrender by the
carrier of any of its rights or immunities or and increase of any of its
responsibilities under the said rules or enactments.
The carrier is to entitled in the benefit of all such privileges, rights and
immunities as are contained in the said rules or enactments as if the same were
herein specifically set out, and if anything herein contained by inconsistent with
the said rules or enactments, it shall to the extent of such inconsistency and no
further be null and void.”

Clause 55 Force Majeure


The term “Force Majeure” as used herein shall mean any cause(s) beyond the
reasonable control of either party involving this Article, which causes will
prevent either party from performing its obligations under this agreement, and
may include :
(a) Act of God; lightning; storm; fire; flood; slide; earthquake;
(b) War; insurrection; sabotage; blockade; riot or disorder;
(c) Orders or civil authority, including, without limitation, any regulation,
direction, order made by any governmental authority or person acting therefore,
which is complied with in good faith;
(d) Strike; lockout; and other industrial or labors disturbance;
(e) Explosion; breakdown or malfunction or damage to mine railroad, storage
facilities, processing plants, terminal of port facilities or coal
receiving/processing plant and facilities (provided, however, that such
breakdown, malfunction or damage was not caused by, and did not arise as a
result of, the intentional act or gross negligence of the party directly affected by
thereby, including such party’s officers, employees, representatives and any
other persons under its control). Provided, however, that the aforementioned
cause shall constitute Force Majeure only if, and to the extent that, performance
as contemplated in this Agreements is prevented or delayed.
In case of Force Majeure event occurs, Charterers to declare force majeure, as
promptly as possible, and give notice in writing within 24 hrs after occurrence
to Owners/Master or his agent, of particulars of the relevant event and provide
supporting evidence.
An occurrence of the force majeure event exceeding a period of 6 days directly
or indirectly affecting the performace of this charter party will entitle the
owners to cancel the relevent shipment.

Clause 56 Freight Rate


US$ xx per metric ton FIOST basis 1/1 for loading at 1safe anchorage 1safe
port Adang Bay
US$ xx per metric ton FIOST basis 1/1 for loading at 1safe anchorage 1safe
port Samarinda
US$ xx per metric ton FIOST basis 1/1 for loading at 1safe anchorage 1safe
port Taboneo
US$ xx per metric ton FIOST basis 1/1 for loading at 1safe anchorage 1safe
port Satui
US$ xx per metric ton FIOST basis 1/1 for loading at 1safe berth 1safe port
TBCT
US$ xx per metric ton FIOST basis 1/1 for loading at 1safe berth 1safe port
NPLCT
Bunker Adjustment Factor : Freight rate to be adjusted by US$ 0.008 per metric
ton against US$ 1.00 of bunker price basis US$ 500 per metric ton of IFO 380
cst mean price of the PLATTS published bunker wire at Korea on the B/L date
or on the previous date if not available on the B/L date.
Payment of Freight : 100 percent freight shall be paid in cash in US Dollar in
full amount, to Owners’ nominated bank within Seven banking days after
completion of loading and releasing Bills of Lading marked ‘freight payable as
per Charter Party’ at the port of loading, but always before breaking bulk.
All freight/demurrage to be deemed earned upon cargo being loaded on board,
discountless, non-returnable, non-deductable, whether vessel and/or cargo lost
or not lost.
Demurrage / Despatch amount shall be paid within 60 days after completion of
discharging and Charterers and Owners mutual agreement on
demurrage/despatch amount.

Clause 57 Confidentiality
Terms and conditions of this Charter Party to be kept strictly private and
confidential.

Clause 58 Governing Law


English Law / in London

Clause 59 War Risks Clause for Voyage Chartering, 2004 (Code Name:
VOYWAR 2004)
(a) For the purpose of this Clause, the words: (i) "Owners" shall include the
shipowners, bareboat charterers, disponent owners, managers or other operators
who are charged with the management of the Vessel, and the Master; and (ii)
"War Risks" shall include any actual, threatened or reported:

War; act of war; civil war; hostilities; revolution; rebellion; civil commotion;
warlike operations; laying of mines; acts of piracy; acts of terrorists; acts of
hostility or malicious damage; blockades (whether imposed against all vessels
or imposed selectively against vessels of certain flags or ownership, or against
certain cargoes or crews or otherwise howsoever); by any person, body, terrorist
or political group, or the Government of any state whatsoever, which, in the
reasonable judgement of the Master and/or the Owners, may be dangerous or
are likely to be or to become dangerous to the Vessel, her cargo, crew or other
persons on board the Vessel.

(b) If at any time before the Vessel commences loading, it appears that, in the
reasonable judgement of the Master and/or the Owners, performance of the
Contract of Carriage, or any part of it, may expose, or is likely to expose, the
Vessel, her cargo, crew or other persons on board the Vessel to War Risks, the
Owners may give notice to the Charterers cancelling this Contract of Carriage,
or may refuse to perform such part of it as may expose, or may be likely to
expose, the Vessel, her cargo, crew or other persons on board the Vessel to War
Risks; provided always that if this Contract of Carriage provides that loading or
discharging is to take place within a range of ports, and at the port or ports
nominated by the Charterers the Vessel, her cargo, crew, or other persons
onboard the Vessel may be exposed, or may be likely to be exposed, to War
Risks, the Owners shall first require the Charterers to nominate any other safe
port which lies within the range for loading or discharging, and may only cancel
this Contract of Carriage if the Charterers shall not have nominated such safe
port or ports within 48 hours of receipt of notice of such requirement.

(c) The Owners shall not be required to continue to load cargo for any voyage,
or to sign Bills of Lading for any port or place, or to proceed or continue on any
voyage, or on any part thereof, or to proceed through any canal or waterway, or
to proceed to or remain at any port or place whatsoever, where it appears, either
after the loading of the cargo commences, or at any stage of the voyage
thereafter before the discharge of the cargo is completed, that, in the reasonable
judgement of the Master and/or the Owners, the Vessel, her cargo (or any part
thereof), crew or other persons on board the Vessel (or any one or more of
them) may be, or are likely to be, exposed to War Risks. If it should so appear,
the Owners may by notice request the Charterers to nominate a safe port for the
discharge of the cargo or any part thereof, and if within 48 hours of the receipt
of such notice, the Charterers shall not have nominated such a port, the Owners
may discharge the cargo at any safe port of their choice (including the port of
loading) in complete fulfilment of the Contract of Carriage. The Owners shall
be entitled to recover from the Charterers the extra expenses of such discharge
and, if the discharge takes place at any port other than the loading port, to
receive the full freight as though the cargo had been carried to the discharging
port and if the extra distance exceeds 100 miles, to additional freight which
shall be the same percentage of the freight contracted for as the percentage
which the extra distance represents to the distance of the normal and customary
route, the Owners having a lien on the cargo for such expenses and freight.

(d) If at any stage of the voyage after the loading of the cargo commences, it
appears that, in the reasonable judgement of the Master and/or the Owners, the
Vessel, her cargo, crew or other persons on board the Vessel may be, or are
likely to be, exposed to War Risks on any part of the route (including any canal
or waterway) which is normally and customarily used in a voyage of the nature
contracted for, and there is another longer route to the discharging port, the
Owners shall give notice to the Charterers that this route will be taken. In this
event the Owners shall be entitled, if the total extra distance exceeds 100 miles,
to additional freight which shall be the same percentage of the freight contracted
for as the percentage which the extra distance represents to the distance of the
normal and customary route.

(e) (i) The Owners may effect war risks insurance in respect of the Hull and
Machinery of the Vessel and their other interests (including, but not limited to,
loss of earnings and detention, the crew and their Protection and Indemnity
Risks), and the premiums and/or calls therefor shall be for their account.

(ii) If the Underwriters of such insurance should require payment of premiums


and/or calls because, pursuant to the Charterers' orders, or in order to fulfil the
Owners’ obligation under this Contract of Carriage, the Vessel is within, or is
due to enter and remain within, or pass through any area or areas which are
specified by such Underwriters as being subject to additional premiums because
of War Risks, then the actual premiums and/or calls paid shall be reimbursed by
the Charterers to the Owners within 14 days after receipt of the Owners’
invoice. If the Vessel discharges all of her cargo within an area subject to
additional premiums as herein set forth, the Charterers shall reimburse the
Owners for the actual additional premiums paid which may accrue from
completion of discharge until the Vessel leaves such area or areas referred to
above. The Owners shall leave the area as soon as possible after completion of
discharge.

(f) The Vessel shall have liberty:-

(i) to comply with all orders, directions, recommendations or advice as to


departure, arrival, routes, sailing in convoy, ports of call, stoppages,
destinations, discharge of cargo, delivery or in any way whatsoever which are
given by the Government of the Nation under whose flag the Vessel sails, or
other Government to whose laws the Owners are subject, or any other
Government which so requires, or any body or group acting with the power to
compel compliance with their orders or directions;

(ii) to comply with the orders, directions or recommendations of any war risks
underwriters who have the authority to give the same under the terms of the war
risks insurance;

(iii) to comply with the terms of any resolution of the Security Council of the
United Nations, the effective orders of any other Supranational body which has
the right to issue and give the same, and with national laws aimed at enforcing
the same to which the Owners are subject, and to obey the orders and directions
of those who are charged with their enforcement;
(iv) to discharge at any other port any cargo or part thereof which may render
the Vessel liable to confiscation as a contraband carrier;

(v) to call at any other port to change the crew or any part thereof or other
persons on board the Vessel when there is reason to believe that they may be
subject to internment, imprisonment or other sanctions;

(vi) where cargo has not been loaded or has been discharged by the Owners
under any provisions of this Clause, to load other cargo for the Owners' own
benefit and carry it to any other port or ports whatsoever, whether backwards or
forwards or in a contrary direction to the ordinary or customary route.

(g) If in compliance with any of the provisions of sub-clauses (b) to (f) of this
Clause anything is done or not done, such shall not be deemed to be a deviation,
but shall be considered as due fulfilment of the Contract of Carriage.

END

You might also like