Professional Documents
Culture Documents
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 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.
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.
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 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 57 Confidentiality
Terms and conditions of this Charter Party to be kept strictly private and
confidential.
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) 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