Charter Party

Charter Party

The major operation under this function is to find continued and suitable employment for the ships to maximise revenue earnings. These operations are therefore primarily concerned with finding suitable cargoes for ships irrespective of whether the ships are owned or are hired. These operations are concerned with evaluating intended voyages to maximise earning so as to pay for the cost of ship, cost of its operations and to make some profit.

Charter Party

There are many mutually agreed arrangements between the owners of cargo or shippers and the ship owners or ship operators for transportation of cargoes. The terms and conditions for carriage of cargo can either be on liner terms or under different charter party terms that primarily depend upon the types of ships and cargo.

(a) Description of the ship (b) Description of the trade (c ) Description of time period . Three important elements are.Charter Party      Charter party is a contract between the shipowner and the Charterer.

Its normal for owners to provide all the details of the ship with a guarantee about its accuracy. An example such as Shell time and Inter tank having appropriate format which is required to contain several pages of information required ship details .Charter Party     Description of the Ship The type of ship to be hired/chartered very much depends on the nature and whereabouts of the intended trade.

(1) General Arrangement Plan .      .including loading scale (2) Detailed Cargo manifold arrangement Drawing (3) Pumping Arrangement Plan (4) Plan of Cargo Tank Ventilating System (5) Manufacturers Characteristics Curves of Pumps if centrifugal pumps are installed.Charter Party   Description of the Ship Many Charterers require the following plans to be supplied by the Owners.

Charter Party     Description of the Ship Cubic Capacity Speed and Consumption Constant Weights .

Charter Party   Description of the Ship These. number of hatches and holds. cargo space in bail and grain capacities. dead weight. apart from the name of the ship. maximum dimensions. For example some bulk cargoes may require that the holds be equipped with carbon-di-oxide fire protection system. or special requirement of cargo securing in the holds. flag. maximum draught. speed. fresh water allowance. include – year of built. compliance with international regulations for carriage of specialised cargo and such other important details relevant for the intended cargo and trade. type and safe working load of cargo gear. fuel consumption.  .

Charter Party            Description of the Ship Name of the Ship Year of Build Name and location of Owners Flag Class Call Letters GRT/NRT Summer Deadweight Fresh Water Allowance Fresh Water Allowance .

Charter Party     Description of the Ship Cubic Capacity Speed and Consumption Constant Weights .

Owners will negotiate an entry to that effect the berths and ports to which the vessel will trade are safe and ship will remain afloat.Charter Party    Description of the Trade As much as Charterer is interested to know the details of the ship in the same way the Owner is interested to know about the type of trade the ship will be engaged in. .

W.a trading area defined by Underwriters to prevent the more serious risk of ship causality loss.Charter Party    Description of the Trade The Charter Party will guarantee that the vessel will trade within the Institute Warranty Limits(I. .L). The dangerous areas such as war zones and ice bound areas may be excluded from the charter party.

and logs. sulphur.Charter Party    Description of the Trade The Charter Party shall also include certain exclusions for the cargo to be loaded such as asphalt in bulk .livestock explosives .scrap .a modern phenomena often included in the cargo exclusion clause is nuclear products.pitch in bulk .fish meal . In addition . .

Charter Party   Description of the Period The period of charter commences with vessel’s delivery to the Charterers and .like all charters with vessel’s delivery to the Charterers and like all charters. this delivery is either spot .

The charter by demise is not very frequent in normal day-to-day business but a number of ships are chartered on a so-called ‘bareboat’ basis.  . Non-demise and Demise Charter. The charterer thus takes over almost all of the owner’s functions except for the payment of the capital costs and the hull and machinery insurance premiums. This kind of charter ordinarily means that the vessel is put at the disposal of a charterer with out any crew.Types of Charter Parties  There are two types of charters.

often with the intention that the charterer should become the owner of the ship in due course. . Thus a contract for the purchase of a ship by installments will often incorporate a demise charter into the contract.Type of Charter parties    Reason for Demise Charters( Bare Boat Charters) Demise charters are created not so much with a view to the carriage of goods but more as part of a complicated financing arrangement .

Type of Charter Parties     Demise Charter A variant of this would be for a financing bank lend the funds required to buy the ship . Demise charters are also concluded between two associated companies for tax or employment reasons. . This would enable the bank to avoid not only the operating costs but also the liabilities which it would otherwise have to bear in relation to the operation of the ship under a mortgage.the bank then acquiring the ownership of the ship but demise chartering it to the borrower for the period of the loan.

(1) Time Charters i.e. (2) Voyage Charter contracts for the use of the ship and her crew to carry an agreed cargo on an agreed voyage regardless for the payment of freight ( and possibly other remuneration such as demurrage if the loading/discharging is delayed beyond the time agreed for such operations) . There are two types. contracts for the use of the ship and her crew for a specified period of time within agreed trading limits as directed by the time charterer in consideration for the payment of hire.Type of Charter parties     Charter parties other than Demise.

loading and discharging expenses etc. . The freight is paid on per tonne of cargo (DWT) bases or on lump sum basis. The ship owner provides for all the ship’s costs with its crew. port dues. canal dues. water. in return the charterer pays him the hire charges for carrying the cargo as per described or utilised cargo capacity of the ship.Type of Charter parties    Voyage Charter: Voyage charter is an engagement of a vessel for a single voyage between declared ports to transport full shipload of cargo or a certain quantity of cargo. expenses for fuel.

the ‘demurrage and despatch’ clauses for compensation to the affected parties are inserted in charter party.Type of Charter parties   Voyage Charter: To compensate for the delays that may be encountered in cargo loading/discharging operations. .

There are two important of the brief Multiform preamble however –the place and the date of the charterparty.Type of Charter parties     Voyage Charterparty List of Charterparty Clauses 1. .This can be extensive in some charterparties .Preamble.In the Multiform much of what may be found in preambles of certain forms is contained in clause 1.

in the absence of a clause to the contrary. .English Law may be very likely prevail.the place where a contract is deemed to have may govern the law which is to be applied to that contract in the event of dispute. Thus if the place is London .Type of Charter parties     Voyage Charterparty List of Charterparty Clauses Place This can be important as .

.when all negotiating formalities are complete.Type of Charter parties   Voyage Charterparty Date equally important the date to be shown is that which by fixture negotiations are concluded with all subjects lifted-in other words .

printed part of the form than many (e.Type of Charter parties     Voyage Charterparty Clause 1 .g compare with AMWELSH).Name and brief description of vessel The Multiform allows for a more complete vessel description in the main . The position of the vessel when the contract is negotiated is also important .

. Condition of vessel It is usual for a shipowner to confirm that a vessel is in a suitable condition safely and properly to undertake the contractual voyage.Type of Charter parties    Voyage Charterparty Clause 2.

Cargo description-Commodity and nature of the goods to be carried eg bulk or bagged stowage factor( eg about 55 cubic feet per tonne) and either minimum/max quantity or cargo size margins and in whose option ( eg 12.Type of Charter parties    Voyage Charterparty Clause 2.5% or less in owners option) .000 tonnes.

mention of number of safe berths/anchorages charterers entitled to use at each place. Loading Places. .Type of Charter parties    Voyage Charterparty Clause 2.Names of loading place(s) and or range (eg Bordeaux/Hamburg range). whether vessel to remain always afloat or safely aground maximum/minimum available drafts.

Discharging places and port orders/rotation Clause 4.Laydays and Cancelling The spread of dates which a vessel is to present herself at the first (or sole) loading port .Type of Charterparties      Voyage Charterparty Clause 3.This spread should be entered in a contract as well as conditions under which the contract can be cancelled in the event that the vessel is unable to meet those dates. .

Type of Charterparties


Voyage Charterparty Clause 5; Freight the amount and currency of freight to whom ,where and when payable .The risk of vessel and /or cargo loss on passage in relation to freight should be specified-ie whether freight is deemed earned as cargo is loaded or upon delivery.

Type of Charterparties


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Voyage Charterparty Clause 6; Cost of Loading/Discharging which of the parties to the contract is to appoint and pay for cargo handling at each port. Clause 7; Notice of Readiness/Time CountingAn important clause in the calculation of laytime.

Type of Charterparties


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Voyage Charterparty Clause 8; Loading/Discharging Rates- the speed at which cargo-handling activities are to be performed. Clause 9; Demurrage/Despatch- daily amount of liquidated damages (demurrage) payable by a charterer in the event a vessel is detained in port beyond the maximum permitted laytime as well as any stipulations to despatch

Type of Charterparties    Voyage Charterparty Clause 10. .A shipowner/Master may be required to give comprehensive notices of a vessel’s expected arrival at the first (or sole) loading port .failing which the shipowner may face a penalty in the form of extra laytime allowed a charterer. Notices.

Ship’s Gear. .A normal clause in dry cargo shipping specifying that a vessel’s gear will be maintained to a high standard and specifying what happens in the event of gear breakdown resulting in extra expense.Type of Charterparties    Voyage Charterparty Clause 12.

Type of Charterparties     Voyage Charterparty Clause 14 & 15 Grab discharge/Stevedore damageOwners normally confirm that a vessel is suitable for grab discharge and formalities need to be set out in the event that a vessel suffers damage during the cargo handling processes. .

Type of Charterparties      Voyage Charterparty Clause 17. Clause 18 & 19. Overtime who is to pay for overtime. . Shifting/Seaworthy trim -Who is to pay shifting costs(if any) between berths also whether time so used is to count as laytime The vessel is to be left in safe seaworthy condition between the ports.

.bad condition etc. Cargo Separation and Tallying Where a vessel is to carry various parcels of cargo.it may not be possible for al separations between individual parcels to be natural.Type of Charterparties      Voyage Charterparty Clause 13 & 16. The tallying (checking) of cargo as it is loaded or discharged is frequently an expensive operation and cargo claims can arise for alleged short delivery .

Clause 21. Dues and Taxes –This clause specifies which party to the contract is responsible for taxes which may be levied against the vessel and/or her cargo and /or the freight.In any charter party it is advisable that reference be made as to which of the parties is responsible for the selection of an agent. . Port Agents.Type of Charterparties      Voyage Charterparty Clause 20.

Master or his/her agent to sign the bill of lading indicating the apparent condition of the cargo.Type of Charterparties    Voyage Charterparty Clause 22 & 34 Bills of Lading-The of lading to be presented to the Master or his/her agent upon completion of the loading . .

Type of Charterparties    Voyage Charterparty Clause 23.The MULTIFORM and AWELSH clauses between them cover several of these facets but nearly all of them.where cargo lightening is necessary a comprehensive clause covering all facets of this sometimes complex operation should be negotiated . Lightening. .

Clause 27. General Average. Strikes. . Both parties to a charterparty have risks and liabilities in the event of a strike.Type of Charterparties       Voyage Charterparty Clause 26. A clause specifying is to be adjusted and or paid irrespective of the ports of call involved and the laws relating to GA.

Exception.The rights of contracting parties to cancel the charter parties in case of events making its performance virtually impossible –eg Force Majeure or Acts of God. .Specifies the amount and to whom commissions and brokerages are payable .Type of Charterparties      Voyage Charterparty Clause 28.usually adding that commissions/brokerages are payable on freight .deadfreight and demurrage. Clause 31. Commission.

This also includes P&I bunkering clause sets out owners rights to deviate for bunkers during the contractual voyage.Type of Charterparties    Voyage Charterparty Clauses 32 & 33 Protecting Clauses-A set of clauses commonly included in the printed form of a charterparty or as additional clauses . .

Depending on the trade involved it may not be necessary for an ice clause to be included in a charter party . Ice.Most charterparties contain a cesser and lien clause and the MULTIFORM and AWELSH (clause 26) are no exceptions.great care should be taken over its wording. Clause 33.but where one is required .Type of Charterparties      Voyage Charterparty Clause 24. Lien and Cesser. .

. A war risk clause should provide a shipowner with the right to refuse to allow his vessel and her crew to enter or to remain in an area which has become dangerous due to warlike activity. War Risks.others to charterers and/or patently unsuitable for the purpose intended.Type of Charterparties     Voyage Charterparty Clause 33.War risks clauses should be examined in detail as some are unfair to shipowners .

Type of Charterparties   Voyage Charterparty Signature-No Charterparty is complete without the signatures of or on behalf of the parties concerned. .

the date of the charterparty and the names and domiciles of the contracting parties.The first page of the charterparty and covering a wide range of subjects within its text .not least the place where the contract is made . .Type of Charterparties   Time Charterparty Preamble .

Depending upon the complexity of the intended trade .with the important addition of speeds and bunker consumptions. .the description of the vessel may be more or less as for voyage charterparties .Type of Charterparties   Time Charterparty Vessel Description .

.The parties can agree an exact redelivery date .Type of Charterparties   Time Charterparty Duration of period .in the event of legal disputes.but in practice this is difficult to comply with and .The duration of a period time charter .

Type of Charterparties    Time Charterparty Clause 6. Trading Intentions/limits -The areas of the world in which the vessel is to be employed should be entered-eg worldwide but always within Institute Warranty Limits and parts of the world specifically excluded from the permissible trading area. .

Vessel condition-Just as for voyage charterparties an undertaking by the vessel’s owners that the vessel is in good condition. . Cargo Intention/exclusions.Type of Charterparties     Time Charterparty Clause 12.This includes details of cargoes which can and those which cannot be carried.

Type of Charterparties      Time Charterparty Clause 1. Charter’s responsibilities-Lists what a charterer is to provide. Owner’s Responsibilities-Lists what an owner is to provide. . Clause 2.

diesel and/or gas oil .and the prices per tonne of each being negotiated when fixing. Bunkers-It is common practice for time charterers to take over and pay the owner for the bunkers remaining on board a vessel upon delivery on to time charter .and for owners to act similarly upon redelivery . .Type of Charterparties    Time Charterparty Clause 3.the quantities of fuel .

5 and 29.Type of Charterparties    Time Charterparty Clause 4. Hire-Amount when .where and to whom hire is payable and arrangements for other payments .less deductions for items such as port expenses and cash for master Agreement for procedure incase of late payment of hire. .

Type of Charterparties


Time Charterparty Clause 15; Off-Hire- Provisions leading to off-hire situations –eg poor performance ,strike of crew ,drydocking etc- and appropriate deductions form hire payments. Vessel performance-This includes range of speed and consumptions say from 8 knots to 15 knots in both laden and ballast conditions

Type of Charterparties

Time Charterparty Cargo Claims ;For their mutual benefit it is important that the timecharterers and owners of the time chartered vessels reach an undertaking on how cargo claims will be handled.

Type of Charterparties


Time Charterparty Clause 8 &9; Master/Officers-The duties of a ship’s master are defined and it is spelt out that although a Master is the owner’s legal servant he must act under the orders of the charterers as far as the employment is concerned.

This is important in respect of off-hre claims and vessel’s performance.Type of Charterparties    Time Charterparty Clause 11. . Logbooks-The charterers normally add this clause that they have the right to check a vessel’s performance by reference to a specialised weather routing company eg Ocean routes and in the event that the log books and the independent reports disagree the independent reports take precedence over the log books .

Type of Charterparties      Time Charterparty Clause 10. Pollution-Many states are becoming extremely conscious of pollution of their waterways and coastlines and merchant ship owners must ensure that their vessels comply with a host of international and national legislation in connection with this subject. Clause 38. . Supercargo/Victualling-Spells out charterer’s right to appoint a supercargo and the costs of exercising this right with regard to meals and accommodation.

Clause 37.What most dry-cargo time charterparties do include .Type of Charterparties      Time Charterparty Clause 19. Laying up-Unlike tanker time charterparties it is only rarely that dry-cargo owner and time charterers consider the risks of a vessel laying up through lack of employment . Salvage-It seems fair that expenses and rewards in cases of salvage should be shared and this is normal practice.however is reference to what happens if a vessel is detained in port for periods in excess of 30 days .

Arbitration –an essential part of any contract For example incase ASBATIME specifies New York since the charterparty is drafted and published by a body of resident in New York.Type of Charterparties    Time Charterparty Clause 17. .

Lien-Just as an element of voyage charters each party’s right of lien must be considered and stipulated.Type of Charterparties      Time Charterparty Clause 18. . Exceptions-Similar to the voyage charter clause. Clause 16.

Bill of Lading-Specifies the manner in which bills of lading are to be drawn up .Type of Charterparties       Time Charterparty Clause 8.Not to be forgotten. Clause 35.the signing of same and protection for an owner in case of paper inconsistencies. Stevedore damage-Provision for notification of stevedore damage and repairs. Signature . .

In case of time charter the charterer takes a ship on daily hire basis for a specific time period and utilises it for number of voyages in declared geographical range of ports but is not bound to operate the vessel on fixed routes. The charterer has to ensure that the vessel is not required to sail beyond the International Warranty Limits or in war zones without the owner’s knowledge.Type of Charter parties    Time Charter: Time charter terms are for longer duration. for a few months to over a year and in certain cases for a number of years. .

and pro rata deductions are made from the time charter hire. In some charter parties a certain time period may be allowed for the regular routine maintenance. . beyond which the vessel becomes ‘off hire’.Type of Charter parties    Time Charter Decision for such operations is entirely the owner’s prerogative. Performance clauses are incorporated in time charter parties. Underperformance on account of speed. The time charter hires are payable in advance. excessive fuel consumption and deficiency in cargo handling rates make the owner liable for compensation to the charterer. generally on fortnightly basis.

Type of Charter parties .

e. round Atlantic voyage. (1) Trip Charters i.g.Type of Charter parties    Hybrid Charter parties It is becoming increasingly common to see charters which combine some of the aspects of both time and voyage charters .g. .e. Contracts obliging the charterer to pay hire for the time taken by the ship to complete a specified voyage e.

g. .Type of Charter parties    Hybrid Charter parties (2) Consecutive voyage charter parties e.e. four consecutive voyages between A and B (3) Slot Charters space sharing agreements i. agreements which enable liner operators to utilize empty space on their ships by allowing other operators to use some of the empty capacity in their vessels in exchange for the right to use an equivalent amount of space on the ships of such other operators.

Type of Charter parties   Hybrid Charter parties Slot Charters This form of arrangement is common in the container trade and remuneration is a complicated equation often calculated with regard to the net profit over a period by all the operators who are part of the arrangement. .

If the ship is time chartered .  . However if the market rate has increased .the time charter will prevent the Owner from exploiting the higher market rate. However the owner has to decide his chartering strategy in order to maximize his income .If the market rate goes down then the Owner will have benefited from the time charter.Ship Owner’s standpoint    From the ship-owners point of view a charter provides income.the income of the ship is guaranteed at a fixed period without the need to repeatedly find new employment. However during that period the market rate of hire may go up or down .

Ship Owner’s standpoint  The Owner may therefore prefer-if he feels that the market rate will improve in the future –to avoid committing his ship to a time charter and fix his ship instead for a voyage charter on the spot market and when lucrative fixtures become available. .

.The Charterers Requirement  The charterer is usually either a speculator on the chartering market who hopes to make a profit by a wise strategy of chartering and subchartering or is a trader who needs transportation for his cargo.

time charter) thereby knowing in advance what the transportation cost element of his cargo sale will be for that period when negotiating the price of the goods or alternatively .The Charterers Requirement   Example If the charterer is a trader who wishes to sell goods on CIF terms then .e. He may either decided to secure transportation for a period ( i.he may speculate on the market and secure transportation for a particular cargo to a particular destination.if he does not own a ship he will need to charter one in order to satisfy his obligation under the cargo sale contract to transport the goods to the buyer’s chosen port of delivery. .

voyage charter) Whether the charter is a time charter or a voyage charter the charter will be looking for terms which provide him with the maximum flexibility to control the employment of the ship since his transportation requirements may well change depending on the requirements of the cargo sale contract.The Charterers Requirement   He will negotiating the sale of that cargo ( i. .e.

Warranties and In nominate Terms Warranty is a term of less importance .Terms of the Charter   Conditions . .the breach of which will normally allow the innocent party to claim damages but not to terminate the contract.

.Warranties and In nominate Terms Condition is a term of such importance that any breach of it will entitle the innocent party to terminate the contract forthwith. (a) A statement that the ship is fully classed (b) The duty to proceed on a voyage without deviation. (c ) A statement that the vessel is expected ready to load by a certain date. Example.Terms of the Charter       Conditions .

(e) A statement that no dangerous on unlawful goods will be shipped .Warranties and In nominate Terms Conditions.Terms of the Charter      Conditions . (d) A statement relating to the ship’s flag in wartime. Example.

.Terms of Charter    Conditions .Warranties and In nominate Terms In nominate ( or Intermediate terms) In general it appears that terms relating to the vessel’s description will be treated as intermediate terms in which case the question of whether or not the charter can be terminated will depend upon the seriousness of the effect of the breach.

The court will not be over ready to do so and will certainly not do so merely to save one of the parties from a bad deal or to make the contract fairer Prima facie that which in any contract is left to be implied and need not be expressed is something so obvious that it goes without saying so that if while the parties were making their bargain . .the law may imply a term if it is necessary to do so it give business efficacy to the contract.an officious bystander were to suggest some express provision for it in their agreement.Terms which are implied by law    Even when the charter is silent on a particular issue .

(4) That the port nominated by the charter will be safe for the vessel .Terms which are implied by law      Examples (1) That the ship is seaworthy (2) That the owner will proceed with the voyage with reasonable dispatch (3) That the charterer will not ship dangerous cargo.

Chartering Operations   Liner Tramping .

Chartering Operations    Liner Operations Liner shipping is associated with fixed sailing schedules of vessels. . fixed routes and range of ports that are covered on the voyages. providing predetermined sailing frequencies. range of the sailing dates. The system comprises sharing of cargo capacities of member shipping lines on agreed tariff rates to organise reliable and regular sailing patterns.

Chartering Operations     Liner Operations The ships operating on liner terms may be general cargo ships carrying break bulk cargo. Ro-Ro vessels etc. When vessels are operated under liner terms the applicable freight rates are normally those that are negotiated and decided by the Liner Conferences. Liner vessels carry a mix of smaller parcels of different types of cargoes during the same voyage. These freight rates remain in force for long periods and have provisions of adjustments e.g. . The conferences publish the schedule of freight rates and conditions for carriage. container vessels. undue delays in some ports etc. surcharge for fuel prices.

Shipping company may have a marketing department with professionals dedicated to canvassing for cargo and related documentation. .Chartering Operations     Liner Operations Marketing. advertising ship’s voyage schedules and direct contact with the clients. In context of shipping it refers to marketing of the ship’s services (space for cargo). Securing cargo for ships involves continuous market survey.

petroleum products. grain etc. . Tramping terms normally mean carriage of one commodity of cargo involving one shipper. one consignee and one bill of lading. coal. chemicals etc. Although at times there may be more number of consignees and cargo parcels carried under different bills of lading. or liquid bulk cargoes like crude oil.Chartering Operations    Operations on Tramping Terms Vessels operating on tramping terms are mostly those carrying bulk cargoes which may be dry bulk cargoes like ore.

between the ship owner or operating owner and the cargo owner or shipper.Chartering Operations   Operation on Tramping Terms The freight rate or hire rate of a vessel is agreed upon. . Negotiations are made through intermediaries known as the owner’s brokers and charterers’ agents who match requirements of cargoes with the ships and vice a versa.

The agreements for carriage of cargo between the owners and the charterers are known as charter parties. The standard formats of charter parties facilitate faster agreements as most terms and conditions are known to both the parties. . There are different types of charter parties for different types of cargoes. handling of cargoes etc. geographical locations.Chartering Operations     Operations on Tramping Terms They get paid for their services by way of brokerage and address commission respectively. terms for carriage.

Chartering Operations    Operations on Tramping Terms There are different types of charter parties for different types of cargoes. handling of cargoes etc. terms for carriage. . The standard formats of charter parties facilitate faster agreements as most terms and conditions are known to both the parties. geographical locations.

International Association of Independent Tanker Owners (INTERTANKO). Association of Shipbrokers and Agents USA etc. General Council of British Shipping (GCBS). Institute of Chartered Shipbrokers.Chartering Operations  Operations on Tramping Terms Standard formats have been developed or approved by internationally reputed institutions like Baltic and International Maritime Council (BIMCO). Amendments in a charter party is made as necessary for a specific voyage by inclusions/replacements/removal of clauses on the basis of agreements between the two parties for   .

Operations on Tramping Terms:     Voyage estimating: Voyage estimating is an important function under chartering and operations. Offers for prospective employment are compared on a common datum of earnings. the TC Rate or Daily Yield . Nett Daily Surplus. It involves estimation of expected revenue and expenses that will have to be incurred for making a prospective voyage and is an essential exercise to find the best option out of different alternatives that may be available for a ship’s employment. It is a process of estimating viability of a voyage. which may be either daily Gross Operating Profit (GOP) also called Gross Daily Surplus.

variation of draught that may be encountered due to the change in water density. This calculation involves taking into consideration the DWT. geographical areas the ship is required to trade. Then it becomes necessary to calculate the maximum quantity of cargo that can be carried for the purpose of voyage estimation. hold capacities. seasonal draught restrictions. available depths of water in the loading and discharging ports. stowage factor. quantity of fuel and water needed for the voyage and ship’s constants .Operations on Tramping Terms:   When whole ship is fixed on a voyage charter and the freight rates are applied on the basis of per tonne of cargo it becomes desirable to load maximum amount of cargo.

Operations on Tramping Terms:  . costs for river or canal transit as applicable.On the expense side the costs and time for cargo handling. are calculated to assess the voyage viability. cost of fuel. . vessel’s standing charges etc.

The expenses are termed as direct operating expenses (DOE). First are those that are incurred when the ship actually makes a voyage. The second types are those that need to be incurred irrespective of whether the vessel is sailing or not.Operations on Tramping Terms:     Operating Expenses: The expenses involved in ship operations are generally classified in two types. whether it is loaded with cargo or is on ballast. These are indirect operating expenses (IOE) also called standing charges or the running cost. .

g. This done for each of the prospective voyage to assess viability of voyages as well as to facilitate negotiations. Apart from providing a standard. with slightly varied freight rates e. For the purpose of voyage estimations standard forms are used by the estimators.Operations on Tramping Terms:    Number of estimations are made. The forms are also helpful in assessing the actual value of the estimations after the voyage has been completed as well as serve as a reference for future estimations . the use of forms provides and assurance to the estimator that no details are left out. in steps of 10 cents per tonne within the expected range.

Operations on Tramping Terms:   Computer Programmes: Custom built computer software programmes are now available for the purpose of voyage estimation. Based on the essential parameters programmed into it. the system provides available deadweight capacity once information such as draught. The computer database holds the ships’ particulars including fuel consumption at different speeds that in the normal range of operations. density of water and bunker remaining on board are entered while it picks up the constants form database and provides for these in the calculations .

Operations on Tramping Terms:     Computer Programmes: The programme provides shortest distances between link ports like Singapore. In case programmed for tankers it can provide tank wise capacities taking into consideration the volume variations due to temperatures as well as corrections for list and trim. requiring only additional distances to be entered in. Suez. It is integrated with updated information on the daily bunker prices at major bunker ports to provide suitable bunkering options on the ports en-route. Panama etc. The programme also calculates the ship’s draughts applicable to the load line zones deduced from the dates of the prospective voyage. .

 .Operations on Tramping Terms:   Computer Programs The programme provides a number of figures for TC rates based on small step variations (10 cents per tonne) of freight rates.

officially launched a year ago in Beijing. has just added NORGRAIN '89 to its innovative Internet Document Editing Application (idea). the world's largest shipping organisation.   " BIMCO NEWS RELEASE MONDAY 29TH JULY 2002“ BIMCO. but also ship management companies. port agents and law firms . The number of companies using idea now exceeds 200 and includes not only ship-owners and shipbrokers.

bills of lading and statements of fact. In addition to numerous conventional voyage and time charter parties. towage contracts. idea offers electronic versions of ship and crew management agreements. .

Among the documents currently available on the system are: . to which BIMCO will add new forms on a regular basis. BIMCO's idea comes with free access to a comprehensive library of popular standard shipping forms.

    Various BIMCO Contracts. AMWELSH 93 BALTIME 1939 BARECON 89 BIMCO STANDARD BUNKER CONTRACT 2001 BOXTIME BPTIME 3 CONGENBILL 1994     .

         Various BIMCO Contracts. CONLINEBILL 2000 CONLINEBOOKING 2000 CREWMAN A CREWMAN B FUELCON GENCON 94 GENTIME HEAVYCON .

.              Various BIMCO Contracts. HYDROCHARTER NORGRAIN 89 SALEFORM 87 SALEFORM 93 SHIPMAN 98 SLOTHIRE Statement of Facts (short form) SUPPLYTIME 89 SYNACOMEX 2000 TOWCON TOWHIRE VOLCOA WORLDFOOD 99.

.dk/idea.bimco. More information about BIMCO's idea can be obtained from BIMCO's web site at www.

Relationship between the Charter party and Bills of Lading

In the vast majority of cases a charterer is either a trader who is selling or buying goods or is someone acting for such a party vis-à-vis the ship-owner and the main purpose of a chartered ship is to carry goods to the satisfaction of a contract for the International sale of goods. The ability of the charterer to obtain a bill of lading from the ship is a fundamental requirement since without a bill of lading ,the trader will have great difficulty in selling the goods.

Relationship between the Charter party and Bills of Lading

Important points to remember The seller often knows nothing of the fundamental standing of the buyer and is taking the risk in considering his good unless he can reasonably certain of being paid for them. The obvious solution that of demanding payment in advance is unlikely to appeal to the buyer ,who may have no reason to trust the seller to ship goods of the promised quantity and description.

Relationship between the Charter party and Bills of Lading

Important points to remember The buyer is not usually present or represented at the load port and is not therefore in a position to inspect the goods. Furthermore even after the shipment so long as the cargo remains at sea its quantity and condition cannot be inspected by any further potential buyer.

Relationship between the Charter party and Bills of Lading    Important points to remember The cargo whilst at sea cannot be physically transferred to a new buyer. The only way in which the seller can effect a transfer of any part of such cargo is by transferring instead a document of title which is accepted as being the documentary equivalent of that cargo. .

possession of which proves entitlement to the goods. It is a transferable document of title .Relationship between the Charter party and Bills of Lading     The Bills of lading was invented to cure these difficulties and has the following functions. (1) It is a receipt given by the carrier for the goods which describes the apparent order and condition and quantity or weight of the goods on shipment .and (2) It is a contract of carriage which sets out the terms under which the goods are to be carried by the ship. .

.thereby transferring from one holder to another the right to obtain delivery of the goods from the ship.Relationship between the Charter party and Bills of Lading  Payment for the goods can therefore be made against the bill of lading and bill can be negotiated ( provided it has been made out to order) from one holder to another .

Since the sea waybill is neither negotiable nor a document of title it is not well suited to transactions involving documentary credits because banks tend to place great importance on security. However it is not treated as a document of title since unlike Bill of Lading it not negotiable and remains at all times a contract with the shipper. .Relationship between the Charter party and Bills of Lading    A sea waybill-otherwise known as a waybill is also a receipt and a contract of carriage.

For this reason they are used most often in the container trade .Relationship between the Charter party and Bills of Lading   Sea waybill should therefore be used only when there is no intention of on-selling the goods during the course of the voyage.

it will come into operation once those goods have been shipped.Relationship between the Charter party and Bills of Lading    Which is the governing contract of carriage-The Charter Party or the Bill of Lading? Since the bill of lading is a receipt for the shipment of goods . However if the vessel has been chartered it will probably come into operation as a result of orders which have already been given by the charterer under the charter party. .

the bill is to be treated as a receipt and a document of title-but not as a contract of carraige. . Accordingly the law has adopted a common sense approach and has held that when a bill of lading is held by a party who already has a charterparty contract with the person who is the carrier under the bill of lading .Relationship between the Charter party and Bills of Lading     Which is the governing contract of carriage-The Charter Party or the Bill of Lading? However since the Bill of Lading is also a contract of carriage of goods a potential conflict arises between the two contracts. It would be commercial nonsense for there to be two contracts between the same two parties for the carriage of the same goods on the same voyage.

.Relationship between the Charter party and Bills of Lading   Which is the governing contract of carriage-The Charter Party or the Bill of Lading? However once that Bill of Lading is endorsed to a party who is not a party to the charter party then in his hands .the bill of lading operates not only as a receipt and a document of title but also as a contract of carriage between him and the carrier.

Relationship between the Charter party and Bills of Lading     Which is the governing contract of carriage-The Charter Party or the Bill of Lading? This is explained by Evans LJ in the case of Island Archon Legal relations between shipowner and charterer are governed by their contract contained in the charterparty.then it contains or evidences a separate contract between the shipowner and that other person. . When a bill of lading is issued or is transferred to the owner or person entitled to possession of the cargo who is not the charterer .

A charters a ship from her owner C Once the cargo has been shipped a bill of lading is signed by the ship’s master on behalf of his owner as carriers and released to A as shipper. .Relationship between the Charter party and Bills of Lading      Which is the governing contract of carriage-The Charter Party or the Bill of Lading? Example 1 A is a seller of goods on CIF terms to B .Under that contract it is the duty of A to arrange the transportation of the goods to B and in order to perform his duties under the sale of contract.

. When the bill of lading is endorsed by A to B pursuant to the contract of sale then .Relationship between the Charter party and Bills of Lading     Which is the governing contract of carriage-The Charter Party or the Bill of Lading? Example 1 Whilst the bill of lading is held by A it does not operate as a contract of carriage between A and C since there is already a Charterparty contract between those two parties.in the hands of B it operates as a contract of carriage between B and C since there is no charter party contract between B and C.

Relationship between the Charter party and Bills of Lading     Which is the governing contract of carriage-The Charter Party or the Bill of Lading? Example 2 A sells B on FOB terms . Whilst the bill of lading is held by A it operates as a contract of carriage between A and C since there is no charter party contract between A and C.  .In this case the duty to provide the transportation falls on B and he charters the ship C .Once the cargo has been shipped the master releases the bill of lading to A as shipper.

Once the bill is further endorsed by B to D it operates as a contract of carriage between D and C since there is no charter party contract between D and C.Relationship between the Charter party and Bills of Lading     Which is the governing contract of carriage-The Charter Party or the Bill of Lading? Example 2 Once the bill of lading is endorsed by A to B the bill of lading will not operate as a contract of carriage between B and C since there is already a charter party contract between B and C. .

Therefore unless the two contracts are on back to back terms there is a potential for confusion and conflict. .Relationship between the Charter party and Bills of Lading    Conflicting duties under the Charter Party and the Bill of Lading Once the cargo has been shipped under a Chartered vessel it is clear that the ship owner can be a party to different contracts( the charter party and the bill of lading) with two different contracting parties (the charterer under the charter party and the consignee under the bill of lading).

An order given by a charterer to change the port of discharge from Port A to B after the Bills of lading have been released for Port A would if the shipowner complied with them make him guilty of deviation under the bill of lading contract. This could seriously prejudice his P&I cover ( Insurance) .Relationship between the Charter party and Bills of Lading      Conflicting duties under the Charter Party and the Bill of Lading Example 1 Employment orders given by the charterer under the charter party may put the owner in breach of his obligations to the cargo owner under the bill of lading.

. For example an owner has the right under Clause 5 of the NYPE form of charter to withdraw the vessel from the charterer’s employment if hire has not punctually been paid.Relationship between the Charter party and Bills of Lading     Conflicting duties under the Charter Party and the Bill of Lading Example The issue of a bill of lading may seriously diminish the effectiveness of rights which the owner may have under the charter.

Relationship between the Charter party and Bills of Lading     Conflicting duties under the Charter Party and the Bill of Lading Example However if a bill of lading has been issued in the meantime a withdrawal may be not much use to the ship owner since he completely separate obligations to the cargo owner under the bills of lading will continue These obligations include the duty to proceed to and deliver the cargo at the port specified in the bill of lading even though the bill of lading freight may already have been pre-paid to the charterer and even though no further hire will be payable under the time charter. .

stevedoring charges and other costs which should have been for the time charterer’s account under the time charter if the charter had not been terminated by the withdrawal. .Relationship between the Charter party and Bills of Lading    Conflicting duties under the Charter Party and the Bill of Lading Example Indeed the owner may even have to pay out of his own pocket port expenses .

. shell and BP stopped sponsoring it. It is recognized by tax authorities in many countries for pricing of intra-company oil movements.Oil Tanker Freights   AVERAGE FREIGHT RATE ASSESSMENT (AFRA) Introduction     AFRA and its Terms of Reference was originally laid down and sponsored by Shell and subsequently BP for their internal use. It is now compiled by the London Tanker Brokers Panel and is based on information relating to transport agreements supplied by various oil companies and also from all known fixtures concluded on the open market. In 1982.

Oil Tanker Freights  AVERAGE FREIGHT RATE ASSESSMENT (AFRA)     Principle To establish an average transportation cost per ton in a given month for vessel in different size categories. Fixtures concluded during the period of assessment will not affect the result unless such vessel is actually performing a voyage during the assessment month. To represents the cost of all chartered tonnage actually operating in the month being assessed. . irrespective of when the vessel was fixed.

It takes into account transport costs on a worldwide basis including spot market factor for that month. It is also used for transactions between oil traders and also by government bodies .Oil Tanker Freights     Who uses AFRA and why? It removes the variable factors in shipping costs so that the rate paid by the affiliate reflects the cost of chartered tonnage operating in the month being calculated.

999 Large range 2 – 80.000/319.999 ULCC – 320.999 Large range 1 – 45.000 Medium range – 25.000/79.999 VLCC – 160.Oil Tanker Freights        AFRA rate DWT categories General purpose – 16.000/44.999 .500/24.000/159.000/549.

Components in each size category Company vessels Vessels on long term charter (>18 months) Vessels on short term charter (<18 months) Vessels on single voyage charter . petrochemicals. lube oils. Jones Act trade.Oil Tanker Freights          Vessels not included in the assessment Government-owned vessels except when on commercial charter Vessels employed in specialized trades such as the carriage of clean oils. etc. bitumen.S. Vessels employed in protected trades such as the U.

Vessels fixtures for each of the above four vessel categories are supplied by member companies who use AFRA and from report of fixtures concluded on the market for loading in the period under assessment. . It is the weighted average of commercially chartered tonnage as employed in the international transport of oil during the period considered. both dates inclusive.Oil Tanker Freights    The mechanics of AFRA The calculations are made for the period from the 16th of a month to the 15th of the next month.

The weighted average rate in US dollars per ton for carrying a ton of oil on that standard voyage is estimated for each of the four vessel oil on that standard voyage is estimated for each of the four vessel types. For vessels that are on time charter. . the TCH/DWT /month is converted into cost per ton of cargo for the standard voyage.Oil Tanker Freights    AFRA Assessment steps The carrying capacity of each vessel operating during the assessment period is calculated using a standard voyage.

Oil Tanker Freights     AFRA Assessment steps An overall weighted average is calculated for each size group as follows: (Total carrying capacity of each size category) x (Weighted average rate for that size category) The values arrived are in US dollars per ton and are converted into WS index on the basis of the standard voyage used and are published as a WS Index Figure for each size category. .

Oil Tanker Freights     WORLD SCALE The WORLDSCALE Associations of London and New York jointly publish a book. The book is revised yearly to take account of changes in bunker prices and port dues. These “base” rates are given in US$ per tonne of cargo and take into account bunker prices. canal transit times and port charges. amendments are also published from time to time throughout the year. .000 voyage rates and distances. listed over 60.

It must be emphasized that these rates are nominal rates.000 per day fixed hire and performing a round voyage load/discharge and back to load port at 14.000 tonnes cargo capacity costing $ 12. in practice the ship-owner and charter will negotiate a rate for the particular voyage is question as a percentage of the nominal rate.5 knots on 55 tonnes of fuel oil per day. Thus if the voyage was fixed at WORLDSCALE 100 (WS 100) then the rate would be as published. If the voyage was fixed at WS 170 then it would be 170% of the published rate.Oil Tanker Freights    World Scale The rate is based on a standard vessel of 75. .

 . WORLDSCALE is based upon an average vessel earning an average rate with average rate with average costs. however there are problems.Oil Tanker Freights   World Scale This has proven to be a remarkably successful compromise between the charterer’s desire for flexible discharge options and the owners need for a fair predictable income for his vessel. The further your vessel is away from the WORLDSCALE average and the further away the market is from WS 100 then the greater the potential for distortions.

.Oil Tanker Freights   World Scale This is why when looking at fixture reports you may see a VLCC fixing at WS 60 whilst a product tanker is fixed at WS 200. the cost per tonne of cargo moved on a VLCC is much lower than the cost per tonne of cargo moved on a product tanker. Prudent owners will be aware of any distortions their particular vessel specifications and the state of the market may cause and will adjust their figures accordingly. thus the product tanker will attract a higher WORLDSCALE percentage.

The nominal rate for a voyage does not in itself have any significance as representing a fair or reasonable rate for the standard vessel or any other size and/or type of vessel at any particular time.Oil Tanker Freights     World Scale The new worldwide tanker nominal freight scale (WORLDSCALE) is intended merely as a standard of reference to assist subscribers to conduct business. . The responsibility of the associations is limited to providing subscribers with rates for voyages calculated in accordance with the basis of a calculation and to revising WORLDSCALE from time to time.

Thus WORLDSCALE 100 would mean the rate for the voyage in question as calculated and issued by the associations. However. while WORLDSCALE 175 would mean 175 per cent of that rate and WORLDSCALE 75 would mean 75 per cent of that rate. freight may of course by payable in any currency and the contracting parties should specify clearly the currency of payment and the method to be used to determine the rate of exchange to apply if the currency of payment is to be other than USD. Rates are calculated and quoted only in USD per tonne. .Oil Tanker Freights    World Scale Market levels of freight are to be expressed in terms of a percentage of the nominal freight rate.

000 per day is not intended to represent an actual level of operating costs. the fixed hire element of USD 12.Oil Tanker Freights     World Scale Basis of calculation All rate calculations. either for the standard vessel or for any other vessel under any flag. All of the factors shown are purely nominal and for rate calculation purposes only. In particular. which are made in USD. . nor to produce rates providing a certain level of income or margin of profit. are per tonne for a full cargo for the standard vessel based upon a round voyage from loading port or ports to discharging port or ports and return to first loading port using the under-mentioned factors.

5 knots Bunker consumption steaming 55 tonnes per day Purposes other than steaming 100 tonnes per round voyage . both voyage and reserve. water.Oil Tanker Freights        World Scale Standard vessel Total capacity 75. also see section 5 (2) of part A of the preamble).000 tonnes (i. Average service speed 14. and bunkers. the vessel’s capacity for cargo plus stores.e.

Oil Tanker Freights      World Scale In Port. . Additional 12 hours allowed for extra port involved on a voyage. Grade of Fuel Oil 380 CST Port Time 4 days for a voyage from one loading port to one discharging port.5 tonne for each port involved during the voyage.

000 Per day Bunker price 149.Oil Tanker Freights     World Scale Fixed Hire Element USD 12.75 per tonne This price represents the average worldwide bunker price for fuel oil (380 cst) during the period 1st October 1999 to 30th September 2000 as assessed by Cockett marine oil limited (of London) .

30 hours is allowed for each transit of the Suez Canal. Mileage is not taken into account in either case.Oil Tanker Freights        World Scale Port costs Port costs used are those assessed by the associations in the light of information available to them up to the end of September 2000. . the rate of exchange used for converting costs in a local currency to USD being the average applicable during September 2000. Canal transit time 24 hours is allowed for each transit of the Panama canal.

Oil Tanker Freights  World Scale Examples of Wet Fixtures Source Fair Play October 2008   .

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Examples of Time Charters

Baltic Dry Index; Source Fairplay October 2008

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Thank You & Any Questions .

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