Code Word for this Charter Party
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Code
Word for this Charter Party
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“SHELLTIME
4”
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Issued
December 1984
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13th
June 2007
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IT
IS THIS DAY AGREED between Shinyo Dream
Limited
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1
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of
Hong Kong (hereinafter referred to as “Owners”) being
Owners of the
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2
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good
Hong Kong Flag Vessel called “
C. Dream (to be renamed) “
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3
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(hereafter
referred to as “the vessel” ) described as per Clause 1 hereof and
SK Shipping Company Limited or
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4
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its
nominee of Seoul, Republic of Korea (hereinafter
referred to as “Charterers”) :
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5
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Description
and
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1.
At the date of delivery of the vessel under this Charter
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6
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Condition
of
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(a)
she shall be classed : “ABS”
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7
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Vessel
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(b)
she shall be in every way fit to carry no heat crude
petroleum and/or its products and/or
crude
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8
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condensate
including orimulsion within vessel's natural segregation and in
compliance
with vessel's
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loading
manual, IOPP certificate. (see rider clause 45)
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(c
)
she shall be tight, staunch, strong, in good order and condition,
and in
every way fit for the
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9
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service
with her machinery, boilers, hull and other equipment (including
but not
limited to hull stress calculator
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10
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and
radar) in a good and efficient state :
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11
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(d)
her tanks, valves and pipelines shall be oil-tight :
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12
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(e)
she shall be in every way fitted for burning
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13
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at
sea or in port - heavy fuel oil with a maximum viscosity
of 380 Centistokes at 50 degrees
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14
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Centigrade
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15
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for
auxiliaries.
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16
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17
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(f)
she shall comply with the regulations in force so as to enable
her to pass
through the Suez
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18
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19
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(g)
she shall have on board all certificates, documents and equipment
required
from time to time by
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20
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any
applicable law to enable her to perform the charter service without
delay
:
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21
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(h)
she shall comply with the description in Form B appended hereto,
provided
however that if there
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22
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is
any conflict between the provisions of Form B and any other provision,
including this Clause 1 of this charter
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23
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such
other provision shall govern.
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24
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Shipboard
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2.
(a) At the date of delivery of the vessel under this charter and
throughout the charter period
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25
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Personnel
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(
i
) she shall have a full and efficient complement of master, officers
and
crew for a vessel of her
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26
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And
other Duties
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tonnage
who shall in any event be not less than the number required by
the laws of
the flag state and who shall be
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27
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trained
to operate the vessel and her equipment competently and safely
:
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28
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(
ii
) all shipboard personnel shall hold valid certificates of competence
in
accordance with the
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29
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requirements
of the law of the flag state :
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30
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(iii)
all shipboard personnel shall be trained in accordance with the
relevant
provisions of the
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31
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International
Convention on Standards of Training, Certification and Watchkeeping
for
Seafarers,
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32
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(iv)
there shall be on board sufficient personnel with a good working
knowledge
of the English
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33
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language
to enable cargo operations at loading and discharging places to
be carried
out efficiently and safely and
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34
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to
enable communications between the vessel and those loading the
vessel or
accepting discharge therefrom to be
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35
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carried
out quickly and efficiently.
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36
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(b)
Owners guarantee that throughout the charter service the master
shall with
the vessel’s officers
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37
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and
crew, unless otherwise ordered by Charterers,
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38
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(
i
) prosecute all voyages with the utmost despatch :
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39
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(ii)
render all customary assistance ; and
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40
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(iii)
load and discharge cargo as rapidly as possible when required by
Charterers or their agents
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41
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to
do so, by night or by day but always in accordance with the laws
of the
place of loading or discharging (as the
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42
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case
may be) and in each case in accordance with any applicable laws
of the
flag state.
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43
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Duty
to
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3.
(
i ) Throughout the charter service Owners shall, whenever the passage
of
time, wear and tear or any
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44
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Maintain
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event
(whether or not coming within Clause 27 hereof) requires steps
to be taken
to maintain or restore the
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45
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Conditions
stipulated in Clauses 1 and 2 (a) exercise due diligence so to
maintain or
restore the vessel.
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46
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(ii)
If any time whilst the vessel is on hire under this charter the
vessel
fails to comply with the
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47
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requirements
of Clauses 1, 2(a) or 10 then hire shall be reduced to the extent
necessary to indemnify Charterers
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48
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for
such failure. If and to the extent that such failure affects the
time
taken by the vessel to perform any services
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49
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under
this charter, hire shall be reduced by an amount equal to the value,
calculated at the rate of hire, of the time
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50
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so
lost.
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51
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Any
reduction of hire under this sub-clause (ii) shall be without prejudice
to
any other remedy
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52
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available
to Charterers, but where such reduction of hire is in respect of
time
lost, such time shall be excluded
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53
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from
any calculation under Clause 24.
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54
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1
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(iii)
If Owners are in breach of their obligation under Clause 3( I)
Charterers
may so notify Owners in
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55
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writing
and if, after the expiry of 30 days following the receipt by Owners
of any
such notice, Owners have failed
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56
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to
demonstrate to Charterers reasonable satisfaction the exercise
of due
diligence as required in Clause 3 ( I), the
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57
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vessel
shall be off-hire, and no further hire payments shall be due, until
Owners
have so demonstrated that they
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58
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are
exercising such due diligence. (see rider clause
72)
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59
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Excluding
periodical / emergency dry-docking and acts of God, in case of
the
vessel’s off-hire under this Clause 3
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60
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exceeding
consecutively 60 days,
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61
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Charterers
have the option to terminate this charter by giving notice in writing
with
effect from the date on which
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62
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such
notice of termination is received by Owners or from any later date
stated
in such notice. This sub-Clause (iii)
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63
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is
without prejudice to any rights of Charterers or obligations of
Owners
under this charter or otherwise (including
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64
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without
limitation Charterers rights under Clause 21 hereof)
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Period
Trading
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4.
Owners agree to let and Charterers agree to hire the vessel for
a period
of 10 years +/- 30 days at
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65
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Limits
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Charterer’s
option Limits commencing from the time and date of delivery of
the vessel, for the purpose of carrying
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66
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all
lawful merchandise as mentioned in line 8 above (subject
always to Clause 28) including in particular
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67
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in
any part of the world, as Charterers shall direct, subject to the
limits
of the current British Institute Warranties
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68
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and
any subsequent amendments thereof.
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69
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70
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71
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72
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Charterers
shall use due diligence to ensure that the vessel is only employed
between
and at safe places
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73
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(which
expression when used in this charter shall include ports, berths,
wharves,
docks, anchorages, submarine
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74
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lines,
alongside vessels or lighters, and other locations including locations
at
sea) where she can safely lie always
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75
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afloat.
Notwithstanding anything contained in this or any other clause
of this
charter, Charterers do not warrant
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76
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the
safety of any place to which they order the vessel and shall be
under no
liability in respect thereof except for
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77
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loss
or damage caused by their failure to exercise due diligence as
aforesaid.
Subject as above, the vessel shall be
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78
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loaded
and discharged at any places as Charterers may direct , provided
that
Charterers shall exercise due
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79
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diligence
to ensure that any ship-to-ship transfer operations shall conform
to
standards not less than those set out
|
80
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in
the latest published edition of the ICS/OCIMF Ship-to-Ship Transfer
Guide.
(see rider clause 53)
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81
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The
vessel shall be delivered by Owners at
|
82
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East
range at Owners’ option any time day or night
SHINC and redelivered to Owners at
|
83
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anchorage
within the trading Area at Charterers’ option any time
day or night SHINC
|
84
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Laydays/
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5.
The vessel will be back-to-back delivered to Charterers upon its
redelivery from ▇▇▇▇▇. The vessel shall
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85
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Cancelling
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not
be delivered to Charterers before
12th February
2009
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86
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Owners
to
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6.
Owners undertake to provide and to pay for all provisions, wages,
and
shipping and discharging fees
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87
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Provide
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and
all other expenses of the master, officers and crew; and also except
as
provided in Clauses 4 and 34 hereof for all
|
88
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insurance
on the vessel, for all deck, cabin and engine-room stores, and
for
water; except that used for tank
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89
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cleaning
and any potential purchase of freshwater for this purpose shall
be
authorized by Charterers and
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for
their account for all drydocking, overhaul
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maintenance
and repairs to the vessel; and for all fumigation expenses and
de-rat
certificates Owners
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90
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obligations
under this Clause 6 extend to all liabilities for customs or import
duties
arising at any time during the
|
91
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performance
of this charter in relation to the personal effects of the master,
officers and crew, and in relation to
|
92
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the
stores, provisions and other matters aforesaid which Owners are
to provide
and pay for and Owners shall
|
93
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refund
to Charterers any sums Charterers or their agents may have paid
or been
compelled to pay in respect of
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94
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any
such liability. Any amounts allowable in general average for wages
and
provisions and stores shall be credited
|
95
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to
Charterers insofar as such amounts are in respect of a period when
the
vessel is on-hire.
|
96
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Charterers
to
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7.
Charterers shall provide and pay for all fuel (
|
97
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Provide
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pilotage
and shall pay agency fees, port charges, commissions, expenses
of loading
and unloading cargoes, canal
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98 | |
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Dues
and all charges other than those payable by Owners in accordance
with
Clause 6 hereof, provided that all
|
99
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charges
for the said terms shall be for Owners’ account when such items are
consumed, employed or incurred for
|
100 | ||
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Owners’
purposes or while the vessel is off-hire (unless such items reasonably
relate to any service given or
|
101
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distance
made good and taken into account under Clause 21 or 22); and provided
further that any fuel used in
|
102
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connection
with a general average sacrifice or expenditure shall be paid for
by
Owners.
|
103
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Rate
of
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8.
Subject as herein provided, Charterers shall pay for the use and
hire of
the vessel at the rate of
|
104
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Hire
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…
per day and pro rata for any part of a day, from the time and date
of her
delivery (local
|
105
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time)
until the time and date of her re-delivery (local time) to Owners.
(see rider clause 83, 87)
|
106
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Payment
of
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9.
|
107
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Hire
|
DVB
Group Merchant Bank (Asia) Ltd. Singapore in favour of “ Shinyo Dream
Limited “
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USD
A/C Number of ‘ 190.001.5935’ (Earning A/C)
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via
HSBC Bank USA, New York, SWIFT Code of ▇▇▇▇▇▇▇▇
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in
favor of DVB Group Merchant Bank (Asia) Ltd.
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A/C
No. 000.305.189 (SWIFT Code: ▇▇▇▇▇▇▇▇)
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For
credit to Shinyo Dream Limited A/C No. of ‘ 190.001.5935’ with hire of C.
Dream
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|
108
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In
“US Dollars ($)” per calendar month in advance,
less:
|
109
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(
i
) any hire paid which Charterers reasonably estimate to relate
to off-hire
periods, and
|
110
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(ii
) any properly documented amounts disbursed on Owners’
behalf, any advances and commission
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thereon,
and
|
111
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charges
which are for Owners’ account pursuant to any provision hereof, and
|
112
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2
|
(iii)
any amounts due or reasonably estimated to become due to Charterers
under
Clause 3 (iii) or
|
113
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|
24
hereof,
|
114
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any
such adjustments to be made at the due date for the next monthly
payment
after the facts have been
|
115
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||
|
ascertained.
Charterers shall not be responsible for any delay or error by Owners’ bank
crediting Owners’
|
116
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account
provided that Charterers have made proper and timely
payment.
|
117
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In
default of such proper and timely payment,
|
118
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(a)
Owners shall notify Charterers of such default and Charterers shall
within
seven days of receipt of
|
119
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such
notice pay to Owners the amount due including interest, failing
which
Owners may withdraw the vessel from
|
120
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the
service of Charterers without prejudice to any other rights Owners
may
have under this charter or otherwise;
|
121
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and
|
122
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(b)
Interest on any amount due but not paid on the due date shall accrue
from
the day after that date
|
123
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up
to and including the day when payment is made, at a rate per annum
which
shall be 1 % above the ▇.▇.▇▇▇▇▇
|
124
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Interest
Rate as published by the Chase Manhattan Bank in New York at 12.00
New
York time on the due date
|
125
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Or,
if no such interest rate is published on that day, the interest
rate
published on the next preceding day on which
|
126
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Such
a rate was so published, computed on the basis of a 360 day year
of twelve
30-day months compounded
|
127
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Semi-annually.
|
128
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Space
|
10.
The whole reach, burthen and decks of the vessel and any passenger
accommodation (including
|
129
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Available
to
|
Owners’
Suite) shall be at Charterers disposal, reserving only proper and
sufficient space for the vessel’s master,
|
130
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Charterers
|
officers,
crew, tackle, apparel, furniture, provisions and stores, provided
that the
weight of stores on board shall
|
131
|
|
|
not,
unless specially agreed, exceed 800 metric tones
excluding fresh water at any time during the charter
period.
|
132
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Overtime
|
11.
|
133
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|
|
134
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|
135
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Instructions
|
12.
Charterers shall from time to time give the master all requisite
instructions and sailing directions, and
|
136
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|
and
Logs
|
he
shall keep a full and correct log of the voyage or voyages, which
Charterers or their agents may inspect as
|
137
|
|
|
required.
The master shall when required furnish Charterers or their agents
with a
true copy of such log and with
|
138
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||
|
properly
completed loading and discharging port sheets and voyage reports
for each
voyage and other returns as
|
139
|
||
|
Charterers
may require. Charterers shall be entitled to take copies at Owners
expense
of any such documents
|
140
|
||
|
Which
are not provided by the master.
|
141
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|
Bills
of
|
13.
( a ) The master (although appointed by Owners) shall be under
the orders
and direction of
|
142
|
|
|
Lading
|
Charterers
as regards employment of the vessel, agency and other arrangements
and
shall sign bills of lading as
|
143
|
|
|
Charterers
or their agents may direct (subject always to Clauses 35 (a) and
40)
without prejudice to this charter
|
144
|
||
|
Charterers
hereby indemnify Owners against all consequences or liabilities
that may
arise in accordance with
|
145
|
||
|
Owner’s
P&I Club wording.
|
|||
|
(
i
) from signing bills of lading in accordance with the directions
of
Charterers or their agents to
|
146
|
||
|
the
extent that the terms of such bills of lading fail to conform to
the
requirements of this charter, or (except as
|
147
|
||
|
provided
in Clause 13 (b) from the master otherwise complying with Charterers
or
their agents orders:
|
148
|
||
|
(ii)
from any irregularities in papers supplied by Charterers or their
agents.
|
149
|
||
|
(b) Notwithstanding the foregoing, Owners shall not be obliged
to comply
with any orders from
|
150
|
||
|
Charterers
to discharge all or part of the cargo
|
151
|
||
|
(i
)
at any place other than that shown on the ▇▇▇▇ of lading and/or
|
152
|
||
|
(ii)
without presentation of an original ▇▇▇▇ of lading
|
153
|
||
|
unless
they have received from Charterers both written confirmation of
such
orders and an
|
154
|
||
|
indemnity
in a form acceptable to Owners. (see rider clause
60)
|
155
|
||
|
Conduct
of
|
14.
If Charterers complain of the conduct of the master or any of the
officers
or crew, Owners shall
|
156
|
|
|
Vessel’s
|
immediately
investigate the complaint. If the complaint proves to be well founded,
Owners shall, without delay,
|
157
|
|
|
Personnel
|
make
a change in the appointments and Owners shall in any event communicate
the
result of their investigations
|
158
|
|
|
to
Charterers as soon as possible.
|
159
|
||
|
Bunkers
at
|
15.
Charterers shall accept and pay for all bunkers on board at the
time of
delivery, and Owners shall on
|
160
|
|
|
Delivery
and
|
redelivery
(whether it occurs at the end of the charter period or on the earlier
termination of this charter) accept.
|
161
|
|
|
Redelivery
|
and
pay for all bunker remaining on board at actual price with
supporting documents.
|
162
|
|
|
|
|||
|
|
163
|
||
|
|
164
|
||
|
|
165
|
||
|
|
166
|
||
|
|
167
|
||
|
account
prior to delivery without interference to the vessel’s operations. Supply
quantity shall be subject to
|
|||
|
Owners’
consent, in light of Owners’ voyage-economics. Owners option to supply
bunkers on Owners account prior to redelivery without interference
to
vessel’s operations. Supply quantity shall be subject to Owners’ consent,
in light of Charterer’s voyage-economics.
|
3
|
Stevedores,
|
16.
Stevedores when required shall be employed and paid by Charterers,
but
this shall not relieve Owners
|
168
|
|
|
Pilots,
Tugs
|
from
responsibility at all times for proper stowage, which must be controlled
by the master who shall keep a strict
|
169
|
|
|
account
of all cargo loaded and discharged. Owners hereby indemnify Charterers,
their servants and agents
|
170
|
||
|
against
all loses, claims, responsibilities and liabilities arising in
any way
whatsoever from the employment of
|
171
|
||
|
pilots,
tugboats or stevedores, who although employed by Charterers shall
be
deemed to be the servants of and in
|
172
|
||
|
the
service of Owners and under their instructions (even if such pilots,
tugboat personnel or stevedores are in fact
|
173
|
||
|
the
servants of Charterers their agents or any affiliated company)
: provided,
however, that
|
174
|
||
|
(i)
the foregoing indemnity shall not exceed the amount to which Owners
would
have been
|
175
|
||
|
entitled
to limit their liability if they had themselves employed such pilots,
tugboats or stevedores, and
|
176
|
||
|
(ii)
Charterers shall be liable for any damage to the vessel caused
by or
arising out of the use of
|
177
|
||
|
stevedores,
fair wear and tear excepted, to the extent that Owners are unable
by the
exercise of due diligence to
|
178
|
||
|
obtain
redress therefore from stevedores.
|
179
|
||
|
Supernumeraries
|
17.
Charterers may send max three representatives with due pre-notice
to Owners and Master in the vessel’s
|
180
|
|
|
available
accommodation upon any voyage made under this charter, Owners finding
provisions and all requisites
|
181
|
||
|
as
supplied to officers, except liquors and any bonded store
Charterers paying at the rate of US$20 per
day
|
182
|
||
|
for
each representative while on board the vessel.
|
|||
|
Sub-letting
|
18.
Charterers may sublet the vessel with Owners consent, which shall
not be
unreasonably withheld, but shall
|
183
|
|
|
always
remain responsible to Owners for due fulfillment of this
charter.
|
184
|
||
|
Final
Voyage
|
19.
If when a payment of hire is due hereunder Charterers reasonably
expect to
redeliver the vessel before
|
185
|
|
|
the
next payment of hire would fall due, the hire to be paid shall
be assessed
on Charterers’ reasonable estimate of
|
186
|
||
|
the
time necessary to complete Charterers’ programme up to redelivery and from
which estimate Charterers
|
187
|
||
|
may
deduct amounts due or reasonably expected to become due for
|
188
|
||
|
(i)
disbursements on Owners’ behalf or charges for Owners’ account pursuant to
any provision
|
189
|
||
|
hereof,
and
|
190
|
||
|
(ii)
bunkers on board at redelivery pursuant to clause 15.
|
191
|
||
|
Promptly
after redelivery and overpayment shall be refunded by Owners or
any
underpayment made
|
192
|
||
|
good
by Charterers.
|
193
|
||
|
If
at the time this charter would otherwise terminate in accordance
with
Clause 4 the vessel is on a
|
194
|
||
|
ballast
voyage to a port or redelivery or is upon a laden voyage. Charterer
shall
continure to have the use of the
|
195
|
||
|
vessel
at the same rate and conditions as stand herein for as long as
necessary
to complete such ballast voyage or
|
196
|
||
|
to
complete such laden voyage and return to a port of redelivery as
provided
by this charter, as the case may be
|
197
|
||
|
Loss
of
|
20.
Should the vessel be lost, this charter shall terminate and hire
shall
cease at noon on the day of her loss
|
198
|
|
|
Vessel
|
should
the vessel be a constructive total loss, this charter shall terminate
and
hire shall cease at noon on the day on
|
199
|
|
|
which
the vessel’s underwriters agree that the vessel is a constructive total
loss should the vessel be missing this
|
200
|
||
|
charter
shall terminate and hire shall cease at noon on the day on which
she was
last heard of. Any hire paid in
|
201
|
||
|
advance
and not earned shall be returned to Charterers and Owners shall
reimburse
Charterers for the value of
|
202
|
||
|
the
estimated quantity of bunkers on board at the time of termination
at the
price paid by Charterers at the last
|
203
|
||
|
bunkering
port.
|
204
|
||
|
Off-hire
|
21.
(a) On each and every occasion that there is loss of time (whether
by way
of interruption in the
|
205
|
|
|
Vessel’s
service or, from reduction in the vessel’s performance, or in any other
manner)
|
206
|
||
|
(i)
due to deficiency of personnel or stores; repair; gas-freeing for
repairs;
time in and waiting
|
207
|
||
|
to
enter dry dock for repairs; breakdown (whether partial or total)
of
machinery, boilers or other parts of the
|
208
|
||
|
vessel
or her equipment
|
209
|
||
|
stranding,
accident or damage to the vessel; or any other similar cause preventing
the efficient working of the
|
210
|
||
|
vessel;
and such loss continues for more than three consecutive hours (if
resulting from interruption in the vessel’s
|
211
|
||
|
service)
or cumulates to more than three hours (if resulting from partial
loss of
service) ; or
|
212
|
||
|
(ii)
due to industrial on board action, refusal to sail,
breach of orders or neglect of duty on the part
|
213
|
||
|
of
the master, officer or crew; or
|
214
|
||
|
(iii)
for the purpose of obtaining medical advice treatment for or landing
any
sick or injured
|
215
|
||
|
person
(other than a Charterers’ representative carried under Clause 17 hereof)
or for the purpose of landing the
|
216
|
||
|
body
of any person (other than a Charterers’ representative ) and such loss
continues for more than three
|
217
|
||
|
consecutive
hours; or
|
218
|
||
|
(iv)
due to any delay in quarantine arising from the master, officers
or crew
having had
|
219
|
||
|
communication
with the shore at any infected area without the written consent
or
instructions of Charterers or
|
220
|
||
|
their
agents or to any detention by customs or other authorities caused
by
smuggling or other infraction of local
|
221
|
||
|
law
on the part of the master, officers or crew; or
|
222
|
||
|
(v)
due to detention of the vessel by authorities at home or abroad
attributable to legal action
|
223
|
||
|
against
or breach of regulations by the vessel ,the vessel’s owners, or Owners
(unless brought about by the act or
|
224
|
||
|
neglect
of Charterers ); then
|
225
|
||
|
without
prejudice to Charterers’ rights under Clause 3 or to any other rights of
Charterers
|
226
|
||
|
hereunder
or otherwise the vessel shall be off-hire from the commencement
of such
loss of time until she is again
|
227
|
||
|
ready
and in an efficient state to resume her service from a position
not less
favourable to Charterers than that at
|
228
|
||
|
which
such loss of time commenced; provided, however that any service
given or
distance made good by the
|
229
|
||
|
vessel
whilst off-hire
|
230
|
||
|
(b) If the vessel fails to proceed at any guaranteed speed pursuant
to
Clause 24 and such failure
|
231
|
||
|
arises
wholly or partly from any of the causes set out in Clause21 (a)
above,
then the period for which the vessel
|
232
|
||
|
shall
be off-hire under this Clause 21 shall be the difference between
|
233
|
||
|
|
|||
|
|
(i)
the time the vessel would have required to perform the relevant
service at
such guaranteed
|
234
|
|
|
speed
and
|
235
|
||
|
(ii)
the time actually taken to perform such service (including any
loss of
time arising from
|
236
|
||
|
interruption
in the performance of such service)
|
237
|
||
|
For
the avoidance of doubt, all time included under (ii) above shall
be
excluded from any
|
238
|
||
|
computation
under Clause 24.
|
239
|
4
|
(c ) Further and without prejudice to the forgoing, in the event
the
vessel deviating (which
|
240
|
||
|
expression
includes without limitation putting back or putting into any port
other
than that to which she is bound
|
241
|
||
|
under
the instructions of Charterers) for any cause or purpose mentioned
in
Clause 21 (a), the vessel shall be
|
242
|
||
|
off-hire
from the commencement of such deviation until the time when she
is again
ready and in an efficient state
|
243
|
||
|
to
resume her service from a position not less favourable to Charterers
than
that at which the deviation
|
244
|
||
|
commenced
provided, however that any service given or distance made good
by the
vessel whilst so off-hire
|
245
|
||
|
shall
be taken into account in assessing the amount to be deducted from
hire. If
the vessel for any cause or
|
246
|
||
|
purpose
mentioned in Clause 21 (a) puts into any port other than the port
to which
she is bound on the
|
247
|
||
|
instructions
of Charterers the port charges, pilotage and other expenses at
such port
shall be borne by Owners.
|
248
|
||
|
should
the vessel be driven into any port or anchorage by stress of weather
hire
shall continue to be due and
|
249
|
||
|
payable
during any time lost thereby.
|
250
|
||
|
(d) If the vessel’s flag state becomes engaged in hostilities and
Charterers in consequence of such
|
251
|
||
|
hostilities
find it commercially impracticable to employ the vessel and have
given
Owners written notice thereof
|
252
|
||
|
then
from the date of receipt by Owners of such notice until the termination
of
such commercial impracticability
|
253
|
||
|
the
vessel shall not be off-hire unless Owners shall
|
254
|
||
|
(e)
|
255
|
||
|
|
256
|
||
|
which
shall be declared at least 2 months before the end of this
Charter.
|
|||
|
Periodical
|
22.
(a) Owners have the right and obligation to drydock the vessel
at regular
intervals of as recommended
|
257
|
|
|
Drydocking
|
by
the Classification Rules & Regulations.
|
||
|
On
each occasion Owners shall propose to Charterers a date on which
they wish
to
|
258
|
||
|
drydock
the vessel not less than about 90 days before such date
and Charterers shall offer a port for
|
259
|
||
|
such
periodical drydocking and shall take all reasonable steps to make
the
vessel available as near to such date as
|
260
|
||
|
practicable.
|
261
|
||
|
Owners
shall put the vessel in drydock at their expense as soon as practicable
after Charterers
|
262
|
||
|
place
the vessel at Owners’ disposal clear of cargo other than tank washings and
residues. Owners shall be
|
263
|
||
|
responsible
for an pay for the disposal into reception facilities of such tank
washings and residues and shall have
|
264
|
||
|
the
right to retain any monies received therefor, without prejudice
to any
claim for loss of cargo under any ▇▇▇▇ of
|
265
|
||
|
lading
or this charter.
|
266
|
||
|
(b) If a periodical drydocking is carried out in the port offered
by
Charterers (which must have
|
267
|
||
|
suitable
accommodation for the purpose and reception facilities for tank
washings
and residues) the vessel shall
|
268
|
||
|
be
off-hire from the time she arrives at such port until drydocking
is
completed and she is in every way ready to
|
269
|
||
|
resume
Charterers service and is at the position at which she went off-hire
or a
position no less favourable to
|
270
|
||
|
Charterers,
whichever she first attains. However
|
271
|
||
|
(i) provided that Owners exercise due diligence is gas-freeing,
any time
lost in gas-freeing to
|
272
|
||
|
the
standard required for entry into drydock for cleaning and painting
the
hull shall not count as off-hire, whether
|
273
|
||
|
lost
on passage to the drydocking port or after arrival there (notwithstanding
Clause 21) and
|
274
|
||
|
(ii) any additional time lost in further gas-freeing to meet the
standard
required for hot work or
|
275
|
||
|
entry
to cargo tanks shall count as off-hire, whether lost on passage
to the
drydocking port or after arrival there
|
276
|
||
|
Any time which, but for sub-Clause ( i ) above, would be off-hire,
shall
not be included in any
|
277
|
||
|
Calculation
under Clause 24.
|
278
|
||
|
The expenses of gas-freeing including without limitation the cost
of
bunkers shall be for
|
279
|
||
|
Owners
account.
|
280
|
||
|
( c) If Owners require the vessel, instead of proceeding to the
offered
port, to carry out periodical
|
281
|
||
|
drydocking
at a special port selected by them the vessel shall be off-hire
from the
time when she is released to
|
282
|
||
|
proceed
to the special port until she next presents for loading in accordance
with
Charterers instructions
|
283
|
||
|
provided,
however that Charterers shall credit Owners with the time which
would have
been taken on passage at
|
284
|
||
|
the
service speed had the vessel not proceeded to drydock. All fuel
consumed
shall be paid for Owners but
|
285
|
||
|
Charterers
shall credit Owners with the value of the fuel which would have
been used
on such notional passage
|
286
|
||
|
Calculated
at the guaranteed daily consumption for the service speed and shall
further credit Owners with any
|
287
|
||
|
benefit
they may gain in purchasing bunkers at the special port.
|
288
|
||
|
(d) Charterers shall insofar as cleaning for periodical drydocking
may
have reduced the amount of
|
289
|
||
|
tank-cleaning
necessary to meet Charterers requirements, credit Owners with the
value of
any bunkers which
|
290
|
||
|
Charterers
calculate to have been saved thereby whether the vessel drydocks
at an
offered or a special port.
|
291
|
||
|
Ship
Inspection
|
23.
Charterers shall have the right at any time during the charter
period
with due pre-notice to Owners
|
292
|
|
|
and
Master to make such inspection of the
|
|||
|
vessel
as they may consider necessary. This right may be exercised as
often and
at such intervals as Charterers in
|
293
|
||
|
their
absolute discretion may determine and whether the vessel is in
port or on
passage. Owners affording all
|
294
|
||
|
necessary
co-operation and accommodation on board provided, however,
|
295
|
||
|
(i)
that neither the exercise nor the non-exercise nor anything done
or not
done in the exercise
|
296
|
||
|
or
non-exercise, by Charterers of such right shall in any way reduce
the
master’s or Owners’ authority over or
|
297
|
||
|
responsibility
to Charterers or third parties for the vessel and every aspect
of her
operation nor increase
|
298
|
||
|
Charterers
responsibilities to Owners or third parties for the same and
|
299
|
||
|
(ii)
that Charterers shall not be liable for any act, neglect or default
by
themselves their
|
300
|
||
|
servants
or agents in the exercise or non-exercise of the aforesaid
right.
|
301
|
|
Detailed
|
24.
(a) Owners guarantee that the speed and consumption of the vessel
shall be
as follows : -
|
302
|
|||
|
Description
|
|||||
|
and
Performance
|
Average
speed
|
Maximum
average bunker consumption
|
303
|
||
|
in
knots
|
main propulsion | - auxiliaries |
304
|
||
|
fuel
oil/
|
fuel
oil/
|
305
|
|||
|
Laden
|
tonnes
per 24 hours
|
tonnes
per 24 hours
|
306
|
||
|
15
knots
|
about
96 m/t
|
about
3 m/t
|
|||
|
14
knots
|
about
83 m/t
|
about
3 m/t
|
|||
|
Ballast
|
|
|
307
|
||
|
17
knots
|
about
94 m/t
|
about
3 m/t
|
|||
|
16
knots
|
about
82 m/t
|
about
3 m/t
|
|||
|
15
knots
|
about
75 m/t
|
about
3 m/t
|
|||
5
|
The
foregoing bunker consumptions are for all purposes except cargo heating
and tank cleaning
|
308
|
||
|
and
shall be pro-rated between the speeds shown.
|
309
|
||
|
The
service speed of the vessel is about 15 knots laden and
about 16 knots in ballast and in the
absence
|
310
|
||
|
of
Charterers’ orders to the contrary the vessel shall proceed at the service
speed. However if more than one
|
311
|
||
|
laden
and one ballast speed are shown in the above table Charterers shall
have
the right to order the vessel to
|
312
|
||
|
steam
at any speed within the range set out in the table (the “ordered
speed”).
|
313
|
||
|
If
the vessel ordered to proceed at any speed other than the highest
speed
shown in the table,
|
314
|
||
|
and
the average speed actually attained by the vessel during the currency
of
such order exceeds such ordered
|
315
|
||
|
speed
plus 0.5 knots (the “maximum recognised speed”), then for the purpose of
calculating any increase or
|
316
|
||
|
decrease
of hire under this Clause 24 the maximum recognised speed shall be
used in
place of the average speed
|
317
|
||
|
actually
attained.
|
318
|
||
|
For
the purposes of this charter the “guaranteed speed” at any time shall be
the then-current
|
319
|
||
|
ordered
speed or the service speed, as the case may be
|
320
|
||
|
The
average speeds and bunker consumptions shall for the purposes of
this
Clause 24 be
|
321
|
||
|
calculated
by reference to the observed distance from pilot station to pilot
station
on all sea passages during each
|
322
|
||
|
period
stipulated in Clause 24 (c ) but excluding any time during which
the
vessel is (or but for Clause 22 (b) (I)
|
323
|
||
|
would
be) off-hire and also excluding “Adverse Weather Periods” being ( I ) any
periods during which reduction
|
324
|
||
|
of
speed is necessary for safety in congested and/or restricted
water or in poor visibility or current (ii)
any period
|
325
|
||
|
when
winds exceeds force
|
326
|
||
|
voyage
of less than 12 hours.
|
|||
|
(b)
If during any year from the date on which the vessel enters service
(anniversary to anniversary)
|
327
|
||
|
the
vessel falls below or exceeds the performance guaranteed in Clause
24 (a)
then if such shortfall or excess
|
328
|
||
|
results
|
329
|
||
|
(i)
from a reduction or an increase in the average speed of the vessel
compared to the speed
|
330
|
||
|
guaranteed
in Clause 24 (a) then amount equal to the value at the hire rate
of the
time so lost or gained as the
|
331
|
||
|
case
may be, shall be deducted from or added to the hire paid :
|
332
|
||
|
(ii)
from an increase or a decrease in the total bunkers consumed compared
to
the total bunkers
|
333
|
||
|
which
would have been consumed had the vessel performed as guaranteed in
Clause
24 (a), an amount equivalent
|
334
|
||
|
to
the value of the additional bunkers consumed or the bunkers saved,
as the
case may be based on the average
|
335
|
||
|
price
paid by Charterers for the vessel’s bunkers in such period, shall be
deducted from or added to
|
|||
|
the
hire paid.
|
336
|
||
|
The
addition to or deduction from hire so calculated for laden and ballast
mileage respectively
|
337
|
||
|
shall
be adjusted to take into account the mileage steamed in each such
condition during Adverse Weather
|
338
|
||
|
Periods,
by dividing such addition or deduction by the number of miles over
which
the performance has been
|
339
|
||
|
calculated
and multiplying by the same number of miles plus the miles steamed
during
the Adverse Weather
|
340
|
||
|
Periods,
in order to establish the total addition to or deduction from hire
to be
made for such period.
|
341
|
||
|
Reduction
of hire under the foregoing sub-clause (b) shall be without prejudice
to
any other
|
342
|
||
|
remedy
available to Charterers.
|
343
|
||
|
(
c)
Calculations under this Clause 24 shall be made for the yearly periods
terminating on each
|
344
|
||
|
successive
anniversary of the date on which the vessel enters service and for
the
period between the last such
|
345
|
||
|
anniversary
and the date of termination of this charter if less than a year.
Claims in
respect of reduction of hire
|
346
|
||
|
arising
under this Clause during the final year or part year of the Charter
period
shall in the first instance be settled
|
347
|
||
|
in
accordance with Charterers estimate made two months before the end
of the
charter period. Any necessary
|
348
|
||
|
adjustment
after this charter terminates shall be made by payment by Owners
to
Charterers or by Charterers to
|
349
|
||
|
Owners
as the case may require.
|
350
|
||
|
Payments
in respect of increase of hire arising under this Clause shall be
made
promptly after
|
351
|
||
|
receipt
by Charterers of all the information necessary to calculate such
increase.
|
352
|
||
|
Salvage
|
25.
Subject to the provisions of Clause 21 hereof, all lost time and
all
expenses (excluding any damage to
|
353
|
|
|
or
loss of the vessel or tortious liabilities to third parties) incurred
in
saving or attempting to save life or in
|
354
|
||
|
successful
or unsuccessful attempts at salvage shall be borne equally by Owners
and
Charterers provided that
|
355
|
||
|
Charterers
shall not be liable to contribute towards any salvage payable by
Owners
arising in any way out of
|
356
|
||
|
Services
rendered under this Clause 25.
|
357
|
||
|
All
salvage and all proceeds from derelicts shall be divided equally
between
Owners and Charterers
|
358
|
||
|
after
deducting the master’s officers’ and crew’s share.
|
359
|
||
|
Lien
|
26.
Owners shall have a lien upon all cargoes and all freights, sub-freights
and demurrage for any amounts
|
360
|
|
|
due
under this charter and Charterers shall have a lien on the vessel
for all
monies paid in advance and not
|
361
|
||
|
earned
and for all claims for damages arising from any breach by Owners
of this
Charter,
|
362
|
||
|
Exception
|
27.
(a) The vessel, her master and Owners shall not unless otherwise
in this
charter expressly provided
|
363
|
|
|
be
liable for any loss or damage or delay or failure arising or resulting
from any act, neglect or default of the
|
364
|
||
|
master,
pilots, mariners or other servants of Owners in the navigation or
management of the vessel; fire, unless
|
365
|
||
|
caused
by the actual fault or privity of Owners; collision or stranding;
dangers
and accidents of the sea; explosion
|
366
|
||
|
bursting
of boilers, breakage of shafts or any latent defect in hull, equipment
or
machinery; provided however
|
367
|
||
|
that
Clauses 1,2,3 and 24 hereof shall be unaffected by the foregoing.
Further,
neither the vessel her master or
|
368
|
||
|
Owners
nor Charterers shall, unless otherwise in this charter expressly
provided
be liable for any loss or damage
|
369
|
||
|
or
delay or failure in performance hereunder arising or resulting from
act of
God, act of war, seizure under legal
|
370
|
||
|
process,
quarantine restrictions, strikes, lock-outs, riots, restrains of
labour,
civil commotions or arrest or
|
371
|
||
|
restraint
of princes, rulers or people.
|
372
|
6
|
(b)
The vessel shall have liberty to sail with or without pilots, to
tow or go
to the assistance of vessels
|
373
|
||
|
in
distress and to deviate for the purpose of saving life or
property.
|
374
|
||
|
(c)
Clause 27 (a) shall not apply to or affect any liability of Owners
or the
vessel or any other relevant
|
375
|
||
|
person
in respect of
|
376
|
||
|
(i)
loss or damage caused to any berth, jetty, dock, dolphin, buoy, mooring
line, pipe or crane
|
377
|
||
|
or
other works or equipment whatsoever at or near any place to which
the
vessel may proceed under this charter
|
378
|
||
|
whether
or not such works or equipment belong to Charterers, or
|
379
|
||
|
(ii)
any claim (whether brought by Charterers or any other person) arising
out
of any loss of or
|
380
|
||
|
damage
to or in connection with cargo. All such claims shall be subject
to the
Hague-Visby Rules or the Hague
|
381
|
||
|
Rules
as the case may be which ought pursuant to Clause 38 hereof to have
been
incorporated in the relevant ▇▇▇▇
|
382
|
||
|
of
lading (whether or not such Rules were so incorporated) or, if no
such
▇▇▇▇ of lading is issued to the
|
383
|
||
|
Hague-Visby
Rules.
|
384
|
||
|
(d)
In particular and without limitation, the foregoing subsections (a)
and
(b) of this Clause shall not
|
385
|
||
|
apply
to or in any way affect any provision in this charter relating to
off-hire
or to reduction of hire.
|
386
|
||
|
Injurious
|
28.
No acids, explosives or cargoes injurious to the vessel shall be
shipped
and without prejudice to the
|
387
|
|
|
Cargoes
|
forgoing
any damage to the vessel caused by the shipment of any such cargo
and the
time taken to repair such
|
388
|
|
|
Damage,
shall be for Charterers’ account. No voyage shall be undertaken, nor any
goods or cargoes loaded, that
|
389
|
||
|
would
expose the vessel to capture or seizure by rulers or governments.
(see rider clause 45)
|
390
|
||
|
Grade
of
|
29.
Charterers shall supply marine diesel oil/fuel oil with a maximum
viscosity of 380 centistokes at 50
|
391
|
|
|
Bunkers
|
degrees
Centigrade
|
392
|
|
|
the
vessel to be supplied with more expensive bunkers they shall be liable
for
the extra cost thereof
|
393
|
||
|
Charterers
warrant that all bunkers provided by them in accordance herewith
shall be
of a quality
|
394
|
||
|
complying
with the International Marine Bunker Supply Terms and Conditions
of Shell
International Trading
|
395
|
||
|
Company
and with its specification for marine fuels as amended from time
to
time.
|
396
|
||
|
Disbursements
|
30.
Should the master require advances for ordinary disbursements of
any port.
Charterers or their agents
|
397
|
|
|
shall
make such advances to him, in consideration of which Owners shall
pay a
commission of two and a half per
|
398
|
||
|
cent
and all such advances and commission shall be deducted from
hire.
|
399
|
||
|
Laying-up
|
31
|
400
|
|
|
|
401
|
||
|
|
402
|
||
|
|
403
|
||
|
|
404
|
||
|
Requisition
|
32.
Should the vessel be requisitioned by any government, de facto or
de jure
during the period of this
|
405
|
|
|
Charter
the vessel shall be off-hire during the period of such requisition
and any
hire paid by such government in
|
406
|
||
|
respect
of such requisition period shall be for Owners’ account. Any such
requisition period shall count as part of
|
407
|
||
|
the
charter period.
|
408
|
||
|
Outbreak
of War
|
33.
If war or hostilities break out between any two or more of the following
countries: U.S.A,
|
▇▇▇
|
|
|
▇▇▇▇▇,
▇▇▇▇▇, ▇.▇.▇, ▇.▇,
|
410
|
||
|
provided
that such war or hostility substantially affects the commercial trading
of
the vessel.
|
|||
|
Additional
War
|
34.
If the vessel is ordered to trade in areas where there is war
provided owners can obtain acceptable
|
411
|
|
|
Expenses
|
insurance
cover (de facto or de jure) or threat of war Charterers shall
reimburse Owners for any additional insurance
|
412
|
|
|
premia,
on vessel's hull and machinery, loss of earnings, crew
bonuses and other expenses which
|
|||
|
are
reasonably incurred by Owners as a consequence of such orders provided
that Charterers are given notice of
|
413
|
||
|
such
expenses as soon as practicable and in any event before such expenses
are
incurred and provided further
|
414
|
||
|
that
Owners obtain from their insurers a waiver of any subrogated rights
against Charterers in respect of any
|
415
|
||
|
claims
by Owners under their war risk insurance arising out of compliance
with
such orders.
|
416
|
||
|
War
Risks
|
35.
(a) The master shall not be required or bound to sign bills of lading
for
any place which in his or
|
417
|
|
|
Owners
reasonable opinion is dangerous or impossible for the vessel to enter
or
reach owing to any blockade,
|
418
|
||
|
War,
hostilities, war like operations, civil war, civil commotions or
revolutions.
|
419
|
||
|
(b)
If in the reasonable opinion of the master or Owners it becomes for
any of
the reasons set out in
|
420
|
||
|
Clause
35 (a) or by the operation of international law, dangerous, impossible
or
prohibited for the vessel to reach
|
421
|
||
|
or
enter or to load or discharge cargo, at any place to which the vessel
has
been ordered pursuant to this charter
|
422
|
||
|
(a
“place of peril”) then Charterers or their agents shall be immediately
notified by telex or radio messages and
|
423
|
||
|
Charterers
shall thereupon have the right to order the cargo, or such part of
it as
may be affected, to be loaded or
|
424
|
||
|
discharged,
as the case may be at any other place within the trading limits of
this
charter (provided such other
|
425
|
||
|
place
is not itself a place of peril). If any place of discharge is or
becomes a
place of peril and no orders have been
|
426
|
||
|
received
from Charterers or their agents within 48 hours after dispatch of
such
messages then Owners shall be at
|
427
|
||
|
liberty
to discharge the cargo or such part of it as may be affected at any
place
which they or the master may in
|
428
|
||
|
their
or his discretion select within the trading limits of this charter
and
such discharge shall be deemed to be due
|
429
|
||
|
fulfillment
of Owners’ obligations under this charter so far as cargo so discharged is
concerned.
|
430
|
7
|
(c)
The vessel shall have liberty to comply with any directions or
recommendations as to departure
|
431
|
||
|
arrival,
routes, ports of call , stoppages, destinations, zones, waters, delivery
or in any other wise whatsoever
|
432
|
||
|
given
by the government of the state under whose flag the vessel sails
or any
other government or local authority
|
433
|
||
|
or
by any person or body acting or purporting to act as or with the
authority
of any such government or local
|
434
|
||
|
authority
including any de facto government or local authority or by any person
or
body acting or purporting to
|
435
|
||
|
act
as or with the authority of any such government or local authority
or by
any committee or person having under
|
436
|
||
|
the
terms of the war risks insurance on the vessel the right to give
any such
directions or recommendations. If any
|
437
|
||
|
reason
of or in compliance with any such directions or recommendations anything
is done or is not done, such
|
438
|
||
|
shall
not be deemed a deviation.
|
439
|
||
|
If
any reason of or in compliance with any such direction or recommendation
the vessel does not
|
440
|
||
|
proceed
to any place of discharge to which she has been ordered pursuant
to this
charter the vessel may proceed
|
441
|
||
|
to
any place which the master or Owners in his or their discretion select
and
there discharge the cargo or such part
|
442
|
||
|
of
it as may be affected. Such discharge shall be deemed to be due
fulfillment of Owners’ obligations under this
|
443
|
||
|
charter
so far as cargo so discharged is concerned.
|
444
|
||
|
Charterers
shall procure that all bills of lading issued under this charter
shall
contain the Chamber of
|
445
|
||
|
Shipping
War Risks Clause 1952
|
446
|
||
|
Both
to Blame
|
36.
If the liability for any collision in which the vessel is involved
while
performing this charter falls to be
|
447
|
|
|
Collision
Clause
|
determined
in accordance with the laws of the United States of America the following
provision shall apply :
|
448
|
|
|
“If
the ship comes into collision with another ship as a result of the
negligence of the other ship and any
|
449
|
||
|
act,
neglect or default of the master, mariner, pilot or the servants
of the
carrier in the navigation or in the
|
450
|
||
|
management
of the ship the owners of the cargo carried hereunder will indemnify
the
carrier against all loss or
|
451
|
||
|
liability
to the other or non-carrying ship or her owners in so far as such
loss or
liability represents loss of, or
|
452
|
||
|
damage
to, or any claim whatsoever of the owners of the said cargo paid
or
payable by the other or non-carrying
|
453
|
||
|
ship
or her owners to the owners of the said cargo and set off recouped
or
recovered by the other or non-carrying
|
454
|
||
|
ship
or her owners as part of their claim against the carrying ship or
carrier.”
|
455
|
||
|
“The
forgoing provisions shall also apply where the owners, operators
or those
in charge of any ship
|
456
|
||
|
or
ships or objects other than, or in addition to, the colliding ships
or
objects are at fault in respect of a collision or
|
457
|
||
|
contact.”
|
458
|
||
|
Charterers
shall procure that bills of lading issued under this charter shall
contain
a provision in the
|
459
|
||
|
foregoing
terms to be applicable where the liability for any collision in which
the
vessel is involved falls to be
|
460
|
||
|
determined
in accordance with the laws of the United States of
America.
|
461
|
||
|
New
▇▇▇▇▇
|
37.
General average contributions shall be payable according to the York
Antwerp Rules, 1974,
|
462
|
|
|
Clause
|
as
amended 1994 and shall
|
||
|
be
adjusted in London in accordance with English law and practice but
should
adjustment be made in accordance
|
463
|
||
|
With
the law and practice of the United States of America, the following
provision shall apply:
|
464
|
||
|
“In
the event of accident, danger, damage or disaster before or after
the
commencement of the
|
465
|
||
|
voyage,
resulting from any cause whatsoever whether due to negligence or
not, for
which or for the
|
466
|
||
|
consequence
of which the carrier is not responsible by statute, contract or otherwise,
the cargo, shippers
|
467
|
||
|
consignees
or owners of the cargo shall continue with the carrier in general
average
to the payment of any
|
468
|
||
|
sacrifices,
losses or expenses of a general average nature that may be made or
incurred and shall pay salvage and
|
469
|
||
|
special
charges incurred in respect of the cargo.”
|
470
|
||
|
“If
a salving ship is owned or operated by the carrier, salvage shall
be paid
as fully as if the said
|
471
|
||
|
salving
ship or ships belonged to strangers. Such deposit as the carrier
or his
agents may deem sufficient to cover
|
472
|
||
|
the
estimated contribution of the cargo and any salvage and special charges
thereon shall, if required, be made by
|
473
|
||
|
the
cargo, shippers, consignees or owners of the cargo to the carrier
before
delivery.’’
|
474
|
||
|
Charterers
shall procure that all bills of lading issued under this charter
shall
contain a provision in the
|
475
|
||
|
foregoing
terms to be applicable where adjustment of general average is made
in
accordance with the laws and
|
476
|
||
|
practice
of the United States of America.
|
477
|
||
|
Clause
|
38.
|
▇▇▇
|
|
|
▇▇▇▇▇▇▇▇▇
|
|
479
|
|
|
|
480
|
||
|
|
481
|
||
|
|
482
|
||
|
|
483
|
||
|
|
484
|
||
|
|
485
|
||
|
|
486
|
||
|
|
487
|
||
|
|
488
|
||
|
|
489
|
||
|
|
490
|
||
|
|
491
|
||
|
|
492
|
||
|
|
493
|
||
|
(see
rider clause 76)
|
|||
|
▇▇▇▇▇▇▇
|
▇▇.
|
494
|
|
|
|
495
|
||
|
|
496
|
||
|
|
497
|
||
|
|
498
|
||
|
|
499
|
||
|
|
500
|
||
|
|
501
|
||
|
|
502
|
||
|
|
503
|
||
|
|
504
|
||
|
|
505
|
||
|
|
506
|
8
|
|
507
|
||
|
|
508
|
||
|
|
509
|
||
|
|
510
|
||
|
|
511
|
||
|
|
512
|
||
|
|
513
|
||
|
|
514
|
||
|
|
515
|
||
|
|
516
|
||
|
|
517
|
||
|
|
518
|
||
|
|
519
|
||
|
|
520
|
||
|
|
521
|
||
|
|
522
|
||
|
|
523
|
||
|
|
524
|
||
|
|
525
|
||
|
|
526
|
||
|
|
527
|
||
|
(see
rider clause 78)
|
|||
|
Export
|
40.
The master shall not be required or bound to sign bills of lading
for the
carriage of cargo to any place to
|
528
|
|
|
Restrictions
|
which
export of such cargo is prohibited under the laws, rules or regulations
of
the country in which the cargo was
|
529
|
|
|
produced
and/or shipped.
|
530
|
||
|
Charterers
shall procure that all bills of lading issued under this charter
shall
contain the following
|
531
|
||
|
Clause
:
|
532
|
||
|
“If
any laws rules or regulations applied by the government of the country
in
which the cargo was
|
533
|
||
|
produced
and/or shipped or any relevant agency thereof, impose a prohibition
on
export of the cargo
|
534
|
||
|
to
the place of discharge designated in or ordered under bills of lading,
carriers shall be entitled to
|
535
|
||
|
require
cargo owners forthwith to nominate an alternative discharge place
for the
discharge of the
|
536
|
||
|
cargo
or such part of it as may be affected which alternative place shall
not be
subject to the
|
537
|
||
|
prohibition
and carriers shall be entitled to accept orders from cargo owners
to
proceed to and
|
538
|
||
|
discharge
at such alternative place. If cargo owners fail to nominate an alternative
place within 72
|
539
|
||
|
hours
after they or their agents have received from carriers notice of
such
prohibition, carriers shall be
|
540
|
||
|
at
liberty to discharge the cargo or such part of it as may be affected
by
the prohibition at any safe place
|
541
|
||
|
on
which they or the master may in their or his absolute discretion
decide
and which is not subject to the
|
542
|
||
|
prohibition
and such discharge shall constitute due performance of the contract
contained in this ▇▇▇▇
|
543
|
||
|
of
lading so far as the cargo so discharged is concerned.”
|
544
|
||
|
The
forgoing provision shall apply mutatis mutandis to this charter,
the
references to a ▇▇▇▇ of lading
|
545
|
||
|
Being
deemed to be references to this charter.
|
546
|
||
|
Law
and
|
41.
(a) This charter shall be construed and the relations between the
parties
determined in accordance
|
547
|
|
|
Litigation
|
with
the laws of England.
|
548
|
|
|
(b)
Any dispute arising under this charter shall be decided by the English
Courts to whose
|
549
|
||
|
jurisdiction
the parties hereby agree.
|
550
|
||
|
(c)
Notwithstanding the foregoing but without prejudice to any party’s right
to arrest or maintain
|
551
|
||
|
the
arrest of any maritime property either party may by giving written
notice
of election to the other party elect
|
552
|
||
|
to
have any such dispute referred to the arbitration of a single arbitrator
in London in accordance with the
|
553
|
||
|
provisions
of the Arbitration ▇▇▇
|
554
|
||
|
for
the time being in force
|
555
|
||
|
(i)
A party shall lose its right to make such an election only if
:
|
556
|
||
|
(a)
it receives from the other party a written notice of dispute which
-
|
557
|
||
|
(1)
states expressly that a dispute has arisen out of this charter
:
|
558
|
||
|
(2)
specifies the nature of the dispute; and
|
559
|
||
|
(3)
refers expressly to this clause 4 (c )
|
560
|
||
|
and
|
561
|
||
|
(b)
it fails to give notice of election to have the dispute referred
to
arbitration not later than
|
562
|
||
|
30
days from the date of receipt of such notice of dispute.
|
563
|
||
|
(ii)
The parties hereby agree that either party may -
|
564
|
||
|
(a)
appeal to the High Court on any question of law arising out of an
award;
|
565
|
||
|
(b)
apply to the High Court for an order that the arbitrator state the
reasons
for his award;
|
566
|
||
|
(c
)
give notice to the arbitrator that a reasoned award is required ;
and
|
567
|
||
|
(d)
apply to the High Court to determine any question of law arising
in the
course of the
|
568
|
||
|
reference.
|
569
|
||
|
(d)
It shall be a condition precedent to the right of any party to a
stay of
any legal proceedings in
|
570
|
||
|
which
maritime property has been or may be arrested in connection with
a dispute
under this charter, that that
|
571
|
||
|
party
furnishes to the other party security to which that other party would
have
been entitled in such legal
|
572
|
||
|
proceedings
in the absence of a stay.
|
573
|
9
|
Construction
|
42.
The side headings have been included in this charter for convenience
of
reference and shall in no way
|
574
|
|
affect
the construction hereof.
|
575
|
|
|
Rider
Clauses (43-89) as attached are deemed to be incorporated in to this
Time
Charter Party
|
||
|
FOR
OWNERS
|
FOR
CHARTERERS
|
|
|
/s/ C.A.J. Vanderperre
|
/s/ Illegible | |
|
Shinyo
Dream Limited
|
SK
Shipping Company Limited
|
|
|
Name
: Capt. C.A.J. Vanderperre
|
Name
: Illegible
|
|
|
Rank
: Director
|
Rank
: Illegible
|
10
RIDER
CLAUSES (43~89) TO VANSHIP/SK SHIPPING SHELLTIME4 CHARTER PARTY
DATED
13TH
JUNE 2007
M.T.
“C. DREAM”(to be renamed)
| 43. |
NOTICE
OF DELIVERY / REDELIVERY:
|
Owners
to
give Charterers the following notices:
30/20/15/10/7/5
days approximate notice of delivery date and port.
3/2/1
day(s) definite notice of delivery date and port.
Charterers
to give Owners the following notices:
30/20/15/10/7/5
days approximate notice of redelivery date and port.
3/2/1
day(s) definite notice of redelivery date and port.
| 44. |
TRADING
AREA:
|
Charterers
warrant that the vessel will not be employed in any trade outside Institute
of
Warranties Limits (‘IWL’), nor in any trade with U.S.A. (Except LOOP, STS &
Lightering Areas designated by U.S.C.G. in U.S. Gulf and U.S.W.C.), Cuba,
Israel,
Ethiopia, Orinoco, Syria, Lebanon, Liberia, Libya, Albania, North Korea and
any
country which may time to time be prohibited by the vessel’s flag or the United
Nations. In any event vessel not to force ice nor follow ice breaker. Should
any
country(ies) or area(s) be subject to the United Nations sanction and
subsequently that sanction be removed in the future, such country(ies) or
area(s) should be reinstated to the trading limits provided that similar size
of
vessels operated by other reputable Owners also willing to trade those
country(ies) and/or area(s).
Charterers
have option to break Institute Warranty Limits in Alaska paying all additional
Premiums incurred as per invoices/vouchers from Owners Underwriters/Insurance
Brokers.
If
any
country adopt similar law like OPA90 or in other way and increase Owners
financial liability during the Charter Party period, and/or in case new
legislation enforced on the carriage of cargo defined on this Charter Party
to/from U.S. ports incur substantial risk or expenses for Owners, Owners have
the right to delete such country, area, region etc from the trading area, unless
Charterers elect to pay for all of such additional liabilities.
Vessel
not to force ice nor follow ice breakers. Should the vessel be frozen in, hire
shall continue to be due and payable during any time lost thereby. In addition,
any damage to the vessel and/or property onboard caused by reason of the vessel
being frozen in, will be for Charterers’ account.
| 45. |
CARGOES:
|
The
vessel shall be in every way fit to carry No Heat and heated Crude Oil and/or
crude condensate and/or no heat Dirty Petroleum Products including Orimulsion,
maximum three (3) grades within the vessel’s natural segregation. If more than
three (3) grades loaded, then Texaco Compatibility Clause to be applied.
Charterers are aware that the vessel does not have heating coils in the tanks
except slop port tank.
Charterers
have option to carry Orimulsion cargo up to three (3) liftings per year,
thereafter subject to Owners’ prior approval which shall not be unreasonably
withheld. Charterers will issue a Letter of Indemnity (‘L.O.I.’) to Owners to
cover Owners’ concern for carriage of Orimulsion with following wordings. Also
Charterers may have their option to carry a small quantity of Crude Condensate,
provided such cargo will not be allocated in the same tank(s) in two consecutive
in a row, subject to Master’s consent.
<Wordings
of L.O.I to be issued by Charterers on carriage of Orimulsion>
“
Charterers hereby indemnify Owners against any damages to the Vessel’s
hull/equipments and
Charterers shall be fully responsible for all consequences, losses, cost and
time of any necessary repair as a result of loading Orimulsion cargo.
“
11
46. FINANCIAL
RESPONSIBILITY IN RESPECT OF POLLUTION:
Owners
warrant that throughout the currency of this Charter they will provide the
Vessel with following certificates:
(A)
Certificates issued pursuant to the Civil Liability Convention 1992
(“C.L.C.”)
(B)
Certificate of Financial Responsibility issued under the U.S. Oil Pollution
Act
1990
(C)
In
addition to the above, Owners further represent and warrant that they and the
vessel are and shall continue to be during the currency of the Charter in full
compliance with applicable Laws and Regulations, including applicable
International, National, State and Local Laws, related to Certificates of
Financial Responsibility and Spill Response Plans with respect to any oil
discharges and/or other pollution from the vessel, and shall have on board
all
required Certificates, Documents and Response Plans, if those are feasibly
available.
47. P
AND
I INSURANCE COST LIABILITY:
Owners
warrant that the vessel shall be properly entered in any P & I Club which is
a member of the International Group of P & I Clubs and to maintain the entry
during the Charter period and covered by full protection and indemnity insurance
against cargo loss or damage. Owners shall promptly furnish to Charterers proper
evidence of such insurance immediately upon Delivery of the vessel if required
by Charterers.
Owners
warrant that they will have in place, on Delivery to Time-Charterers, Cover
for
oil pollution for the maximum on offer through the International Group of P
& I Clubs (currently US$1,000,000,000 (One Billion U.S. Dollars) covered by
P & I Clubs arranged by London Market through P & I Club).
This
P
& I Insurance and Additional Oil Pollution Cover shall be at no cost to
Charterers (except as otherwise provided in this Clause).
48. COFR/OPA:
The
basic
COFR and other OPA costs shall be for Owner’ account and additional premiums
related to trading U.S.A. on voyage by voyage basis shall be for Charterers’
account. Charterers shall reimburse Owners for net surcharge of additional
premiums payable to P & I Club (i.e., cost of surcharges properly due and
paid by Owners under P & I insurance and additional oil pollution cover) for
U.S.A. voyages, and COFR cost payable basis by voyage by voyage related voyages
involving U.S.A. voyages. All other expenses in relation to oil pollution cover
for trading U.S.A. ports to be for Owners’ account.
49. SPILL
RESPONSE CONTINGENCY PLAN:
Owners
warrant that they have an “Oil Spill Response Contingency Plan” (hereinafter
called “Contingency Plan”) and that they will provide Charterers a copy of the
Contingency Plan prior to commencement of this Charter including phone numbers
of Key Owners’ contacts. Owners further warrant that, during this Charter Party,
the Contingency Plan will comply with all U.S. Federal and U.S. Coast Guard
Requirements.
50. IGS-COW
PUMPING:
Charterers
shall have the option to Crude Oil Washing (‘C.O.W.’) all parts of the vessel’s
cargo tanks. Owners warrant that the vessel is equipped with an Inert Gas System
(‘IGS’) and Crude Oil Washing System in good working order and the master,
officers and crew are competent to operate said systems. If requested by
Charterers or as required by International or Local Regulations, Owners agree
to
conduct Crude Oil Washing of all cargo tanks at discharge port(s) simultaneously
with cargo discharge operations upto Charterers’ reasonable satisfaction.
International or Local Regulations shall prevail over Charterers’ order if
conflict exists.
Owners
warrant that the vessel can discharge her entire cargo in maximum 24 hours
without Crude Oil Washing (or in maximum 34 hours with all tanks C.O.W. if
ordered by Charterers, or pro rata if fewer than all tanks C.O.W.), provided
shore facilities permit, or if the vessel is prevented or unable so to
discharge, then at least will be capable of maintaining an average pressure
of
100 P.S.I. at the vessel’s rail during the entire period of pumping (except COW
and Stripping), provided shore facilities permit. If cargo discharging rate
is
below the above warranted rate due to back pressure or if cargo pumping is
delayed due to the characteristics of the cargo being pumped or the conditions
at the receiving terminal, or otherwise if the pumping is interrupted for
reasons beyond the vessel’s control, then the guarantee shall be suspended for
particular discharge operation. Excess time for pumping caused by any
vessel-systems not being in good working order shall be treated as
off-hire.
12
The
vessel shall be equipped with Pressure Gauges at each discharge manifold which
will be maintained in a proper working condition.
51. DEBALLAST:
Owners
warrant the vessel able to discharge ballast and load back cargo simultaneously
with two valves segregation while maintaining minimum thirty percent(30%)
deadweight. Any delay due to non-compliance with this clause to be for Owners’
account.
52. OIL
MAJOR APPROVALS:
To
the
best of Owners’ knowledge, the vessel is acceptable to major oil companies, XXX,
XXX, XXX, XXX, XXX at the time of March 2009.
Owners
shall exercise their best endeavors so that the vessel shall maintain acceptable
to seven (7) Major Oil Companies such as ExxonMobil, Shell, ChevronTexaco,
BPAmoco, TotalFinaElf, Navion and BHP throughout the Charter Period, provided
the Vessel will be employed in such area where Owners can physically get
inspections arranged and the major oil companies invited to attend will come
on
board. The cost of seven inspections shall be for Owners’ account and the cost
of inspections for additional Major Oil Companies (if requested by Charterers)
shall be for Charterers’ account. Owners
shall exercise their best endeavors to maintain such approvals until the end
of
this Charter, provided always that Oil Companies named above in principle are
able to provide such approvals for vessels of this type, age and flag. If the
vessel is found by any of the Major Oil Companies to be unacceptable (otherwise
than by reason of a change of Major Oil Companies’ requirements or international
regulations), Owner will immediately, upon receipt of notice of such deficiency
use their best endeavors to rectify any outstanding deficiency and request
the
Major Oil Companies concerned for a re-inspection.
In
case
the vessel failed to maintain four (4) approvals of Exxon/Mobil, Shell,
Chevtexaco and BP/Amoco within 60 days from the failure of any one of them,
the
vessel shall be off-hire from the expiry of such 60 days until the vessel
restore all of four (4) approvals again, only if Charterers’
ability
to trade the vessel is prevented as a direct consequence of the vessel not
obtaining oil company approvals and only if Owners have not exercised their
best
endeavors to get the vessel inspected and approved subject of course to the
vessels trading pattern. Owners are obliged to present Charterers written proof
which demonstrates Owner’s best endeavors to secure oil companies vetting
inspections.
53. BERTHING
AND LIGHTERING:
The
vessel shall be loaded, discharged, or lightened at any suitable port, place,
berth, dock, anchorage, submarine pipeline, or alongside vessels or lighters,
while at anchorage or underway, as Charterers may direct.
When
the
vessel is employed as a lightering vessel, in order to assist the vessel, Master
and Owners in the lightering operation, whether at anchorage or underway,
Charterers may, at its option, provide and pay for lightering Master(s) and
lightering gang to be employed under the exclusive direction, supervision and
control of the vessel’s Master, who shall continue to be fully responsible for
the operation, management and navigation during the lightering operation.
Lightering
and ship-to-ship transfer operations shall be performed in accordance with,
and
meet or exceed, the standards in the Oil Companies International Marine Forum
(‘OCIMF’) guidelines. Charterers to provide and pay for all fenders and any
other equipment required for safe lightering operations in accordance with
OCIMF
guidelines. For lightering, Owners warrant the vessel and crew will meet all
requirements of Chapter 14 of Minimum Safety Criteria for Industry vessel’s in
Exxon Service, 1997 edition, except cargo handling port captain who is to be
arranged by Charterers and for Charterers’ account.
54. REMEASUREMENT
OF DEADWEIGHT:
At
the
time of Delivery under this Charter, the vessel has following three (3)
load-lines:
13
21.130
Meters Summer S.W. draft corresponding to 298,570 MTDW
▇▇.▇▇▇
▇▇▇▇▇▇ ▇.▇. draft corresponding to 279,987 MTDW
▇▇.▇▇▇
▇▇▇▇▇▇ ▇.▇. draft corresponding to 259,998 MTDW
Charterers
have the option of re-measuring the vessel for the purpose of satisfying certain
port/terminal regulations. All cost for certification and time to be for
Charterers’ account. Re-measuring is subject to Owners’ prior consent,
Charterers to advise such requirement sufficiently in advance. Time/cost for
re-measurement to be for Charterers’ account. The vessel shall be re-measured
back to the original deadweight at Charterers’ time and expense for
certification only before redelivery.
55. U.S.
COAST GUARD REGULATION:
The
vessel shall fully comply with Oil Pollution ▇▇▇ ▇▇▇▇ and the USCG Regulations
currently in force.
The
vessel shall have a valid certificate complying with the Regulations at all
times during the currency of this Charter Party. In this regard, whereas it
is
Owners’ sole responsibility to secure the inspection and obtain U.S.C.G.
TVEL/COC certificate or any similar certificate at non-U.S. ports at Owners’
time and expenses in quickest possible way upon the vessel’s arrival, any time
for obtaining such certificate up to 9 (nine) hours shall be considered as
off-hire. However, for any further time taking more than 9 (nine) hours, only
50% of such period shall be considered as off-hire (See
below example of time-sharing).
Also
any time consumed after the inspection for rectification of any deficiencies
noted during the inspection before the cargo operation begins shall be
considered as off-hire period unless such rectification time being incurred
concurrently with part of cargo operation and/or part of shifting to the
berth.
<Example
of time-sharing based on the 2nd paragraph as above>
-
Vessel
arrives: 0300hrs on 4th/Dec/2009
-
U.S.C.G. inspector gets onboard: 0800hrs on 4th/Dec/2009
-
U.S.C.G. inspection completes and Vessel obtains TVEL/COC cert.: 1500hrs on
4th/Dec/2009
By
the
above, total 12hrs spends after Vessel’s arrival till completion inspection and
obtaining the certificate.
Accordingly,
out of the total 12hrs time, the first 9hrs is for fully Owners’ time and also
Owners bear 50% of the remaining 3hrs (= 1.5hrs), whereas Charterers bear 1.5hrs
(= 50% of the remaining 3hrs).
Should
new laws and/or regulations be introduced to the trade which incur significant
risk and/or expenses to Owners, then Charterers shall agree to discuss with
Owners in the spirit of this Charter in a bona fide to agree terms in order
to
comply with new requirement.
56. U.S.
CUSTOMS ADVANCE NOTIFICATION/AMS
(a)
If
the Vessel loads or carries cargo destined for the US or passing through US
ports in transit, the Charterers shall comply with the current US Customs
regulations (19 CFR 4.7) or any subsequent amendments thereto and shall
undertake the role of carrier for the purposes of such regulations and shall,
in
their own name, time and expense:
i)
Have
in place a SCAC (Standard Carrier Alpha Code);
ii)
Have
in place an ICB (International Carrier Bond);
iii)
Provide the Owners with a timely confirmation of i) and ii) above; and
iv)
Submit a cargo declaration by AMS (Automated Manifest System) to the US Customs
and provide the Owners at the same time with a copy thereof.
(b)The
Charterers assume liability for and shall indemnify, defend and hold harmless
the Owners against any loss and/or damage whatsoever (including consequential
loss and/or damage) and/or any expenses, fines, penalties and all other claims
of whatsoever nature, including but not limited to legal costs, arising from
the
Charterers’ failure to comply with any of the provisions of sub-clause (a).
Should such failure result in any delay then, notwithstanding any provision
in
this Charter Party to the contrary, the Vessel shall remain on hire.
(c)
If
the Charterers' ICB is used to meet any penalties, duties, taxes or other
charges which are solely the responsibility of the Owners, the Owners shall
promptly reimburse the Charterers for those amounts.
14
(d)
The
assumption of the role of carrier by the Charterers pursuant to this Clause
and
for the purpose of the US Customs Regulations (19 CFR 4.7) shall be without
prejudice to the identity of carrier under any ▇▇▇▇ of lading, other contract,
law or regulation
57. CARGO
RETENTION:
In
the
event that any liquid, pumpable, reachable cargo remains on board upon
completion of discharge, Charterers shall have the right to deduct from hire
an
amount equal to the FOB port of loading value of such cargo plus freight and
insurance due with respect thereto, provided that the volume of cargo remaining
on board is liquid and pumpable and reachable by vessel’s normal discharge
equipments as determined by an independent cargo surveyor. Any action or lack
of
action in accordance with this clause shall be without prejudice to any rights
or obligations of the parties non-liquid and/or un-pumpable remains shall not
be
considered as reachable cargo.
58. COMPLIANCE:
Owners
warrant that the vessel shall, during the period of this Charter, be subject
to
and comply with all applicable International Conventions, all applicable Laws,
Regulations and/or other requirements of the country of the Vessel’s registry
and of the port(s) and/or place(s) to where the vessel may be ordered hereunder,
and of terminals and/or facilities in such port(s) or place(s) where the vessel
shall load or discharge. If any amendments, changes and modifications etc.
to
the vessel’s hull, machinery and appurtenance etc. are required under the all
applicable International Conventions, all applicable Laws, Regulations and/or
other requirements of the country of the Vessel’s registry and of the port(s)
and/or place(s) to where the vessel may be ordered hereunder, and of terminals
and/or facilities in such port(s) or place(s) where the vessel shall load or
discharge and/or Major Oil Companies, then the Charterers are entitled to
require the Owners to carry out such amendments, changes and modifications
etc.
Any expenses, costs to be incurred by such amendments, changes and modifications
etc. shall be for the Owners’ account other than local regulation of any
specific port. . Any time lost due to such amendments, changes and modifications
etc. other than to the local regulation of any specific port shall be
off-hire.
59. SPILLAGE:
Prior
to
commencement of loading or discharging operations, all overboard lines to be
checked by the vessel to ensure that they are securely closed. The vessel to
take every precaution to avoid any spillage and/or leakage. If during loading
or
discharging operations there is any indication of spillage or leakage of oil,
the vessel shall immediately cease all pumping operations and notify the
terminal representative(s) and/or Charterers’ supervisor(s) to that effect. The
vessel shall not resume loading or discharging operations until a thorough
investigation is conducted and appropriate remedies are taken. All time used
therefore shall be for Owners’ account, provided such spillage or leakage of oil
is contributed to the Vessel’s fault.
60. LETTER
OF INDEMNITY FOR CARGO DELIVERY:
Pursuant
to Clause 13(b), subject to Owners receipt from Charterers a written invocation
of the Letter of Indemnity in the format as set forth hereunder in this Clause
prior to each discharge, Charterers shall have the right to demand that Owners
to discharge the cargo without Charterers/receivers presenting the original
▇▇▇▇(s) of Lading or at port other than stated in the original ▇▇▇▇(s) of Lading
with or without original ▇▇▇▇(s) of Lading.
<Invokation
format by Charterers’ Telex, E-Mail or Fax to be addressed/sent to Owners as
follow>
(pls
inform)
Charterers
shall indemnify and hold Owners harmless against any liability which Owners
might incur or suffer by reason of delivery of the cargo as provided under
Clause 13(b) which Owners would have been able to avoid if the original ▇▇▇▇(s)
of Lading had been surrendered to Owners on delivery of cargo at port(s) as
stated in the original ▇▇▇▇(s) of Lading.
Standard
Forms ‘Letter of Indemnity’ as per Attachment “A” is incorporated as part of
this Charter Party for:
A)
Discharge cargo without the original ▇▇▇▇(s) of Lading.
B)
The
cargo to be discharged at port other than that stated in the original ▇▇▇▇(s)
of
Lading.
15
C)
The
cargo to be discharged at port other than that stated in the original ▇▇▇▇(s)
of
Lading without original ▇▇▇▇(s) of Lading.
61. EXXON
DRUG AND ALCOHOL POLICY CLAUSE:
Owners
warrant that they have a policy on drug and alcohol abuse (“Policy”) applicable
to the vessel which meets or exceeds the standards in the Oil Companies
International Marine Forum Guidelines for the Control of Drugs and Alcohol
Onboard Ships. Under the policy, alcohol impairment shall be defined as a blood
alcohol content of 40mg/100ml or greater. The appropriate seafarers to be tested
shall be all vessel’s Officers and the drug/alcohol testing and screening shall
include random unannounced testing in addition to routine medical examinations.
An object of the Policy should be that the frequency of the random/unannounced
testing to be adequate to act as an effective abuse deterrent, and that all
Officers be tested at least once a year through a combined program of
random/unannounced testing and routine medical examinations.
Owners
further warrant that the Policy will remain in effect during the term of this
Charter and that Owners shall exercise due diligence to ensure that the Policy
is complied with. It is understood that an actual impairment or any test finding
of impairment shall not in and of itself mean the Owners have failed to exercise
diligence.
62. VESSEL
INSPECTION:
Owners
agree, subject to actual Owners’/Master’s prior consent which shall not be
unreasonably withheld, to allow Charterers or its designated representative
access to the vessel on demand at any time during the term of this Charter
Party, for the purpose of carrying out a full and detailed inspection, without
interrupting the Vessel’s normal operation and the Master’s proper conducting in
duty, into every aspect of the vessel’s operation and maintenance. If as a
result of such inspection the vessel is determined to be operating or maintained
to a lesser standard than that existing at the time of delivery of the vessel
to
Charterers at the commencement of this Charter, necessary recommendation to
rectify any such deficiencies will be given in writing to Owners for their
consideration, and Owners shall rectify in spirit of this Charter to conform
to
such standard provided always such necessary rectification as required are
practically and reasonably feasible by Owners/Master in time or at a
place.
Should
Owners fail to rectify such deficiencies, which are deemed to affect the
condition as set forth in Clause 3 of the printed form, to a reasonable
condition meeting the delivery standard, then Charterers may place the vessel
off-hire until the Vessel shall be returned to the said standard, in same manner
as set forth in the printed Clause 3 hereof.
63. VESSEL’S
CASUALITIES:
Master
shall inform Charterers immediately by telefax or telex (or e-mail) if any
situation occurs which results, or is likely to result in either delays or
damages to the vessel or machine systems, including but not limited to, failure
of inert gas system, cargo systems, or delays from proceeding to assistance
of
other vessels, or in damages to cargo, or in pollution, oil spill and/or oil
discharge.
64. CARGO
MANIFOLDS:
Owners
warrant that the vessel is equipped with pressure gauges fitted outboard of
the
valve at each discharge manifold connection. Such gauges shall be maintained
in
good working condition and each gauge shall have a valid test certificate.
The
vessel shall be equipped with sufficient number of cargo manifold reducing
pieces of steel or comparable material (but excluding aluminum and grey cast
iron) and which meet the most recent Oil Companies International Marine forum
(‘OCIMF’) standards, and shall have available appropriate flanges for cargo
hoses or arms at all manifold connections on each side of the
vessel.
65. DETENTION:
Should
the vessel be seized or detained by any authority or arrested at the suit of
any
party having or purporting to have a claim against any interest in the vessel
incurred by the actual Owners, hire shall not be payable in respect of any
period during which the Vessel is not at Charterers’ use and all extra expenses
shall be for Owners’ account.
16
66. MOORNING
AND HOSE:
Owners
shall, unless otherwise notified by Charterers or their agents and unless such
requests are unreasonable, supply at Owners’ expense all necessary hands,
equipment and facilities as fitted and stored on board required for mooring
and
unmooring and connecting and disconnecting hoses for loading and
discharging.
67. STORAGE
OPTION:
Charterers’
option to employ the vessel up to a maximum 90 days during the currency of
this
Charter as a storage vessel, and Owners/Master to cooperate to keep the vessel’s
bunker consumption to a minimum always subject to the vessel’s safety. However,
if the vessel is employed on storage or is idle for a period of 30 days or
more,
Owners to have the right to conduct underwater hull cleaning at Charterers’
expenses.
68. LAY
UP:
Charterers
shall have the option after consultation with Owners of laying-up the vessel
for
all or any portion of the term of this Charter in which case hire hereunder
shall continue to be paid, but there shall be credited against such hire the
whole amount of which Owners shall save (or reasonably should save) during
such
period of lay-up through reduction in expenses, less any extra expenses to
which
Owners incur as a result of such lay-up. The place of such lay-up shall be
subject to Owners’ approval of which approval not to be unreasonably withheld.
If the lay-up time exceeds a period of 60 days, the speed and consumption
warranty shall become suspended until such time when the cleaning of the vessel
has taken place. Cost and time of such cleaning shall be for Charterers’
account.
69. VESSEL
MANAGEMENT:
The
vessel shall not change the name, the Management Company and Classification
Society without Charterers’ prior agreement during the Charter
period.
70. SOLAS/MARPOL:
Owners
guarantee that throughout the charter period the vessel shall comply with the
requirements of solas (IMO Protocol of 1978 relating to the International
Convention for the Safety of Life at Sea, 1974) and MARPOL (IMO Protocol of
1978
relating to the International Convention for the Prevention of Pollution from
ships, 1983), and any future amendments or successors to these Protocols. Owners
further guarantee that with particular reference to these Protocols the vessel
shall have on board necessary certification of compliance to enable the vessel
to trade without restriction.
The
vessel shall have on board valid certificates of compliance of aforesaid
conventions at all times during the currency of this charter period. In no
case
shall Charterers be liable for loss of time and/or other expenses as a result
of
Owners’ failure to obtain or maintain the aforementioned
certificates.
71. BIMCO
ISPS
a)
(i)
From the date of coming into force of the International Code for the Security
of
Ships and of Port Facilities and the relevant amendments to Chapter XI of SOLAS
(ISPS Code) in relation to the Vessel and thereafter during the currency of
this
Charter Party, the Owners shall procure that both the Vessel and 'the Company'
(as defined by the ISPS Code) shall comply with the requirements of the ISPS
Code relating to the Vessel and “the Company”. Upon request the Owners shall
provide a copy of the relevant International Ship Security Certificate (or
the
Interim International Ship Security Certificate) to the Charterers. The Owners
shall provide the Charterers with the full style contact details of the Company
Security Officer (CSO).
(ii)Except
as otherwise provided in this Charter Party, loss, damage, expense or delay,
excluding consequential loss, caused by failure on the part of the Owners or
“the Company” to comply with the requirements of the ISPS Code or this Clause
shall be for the Owners’ account.
(b)(i)
The Charterers shall provide the CSO and the Ship Security Officer (SSO)/Master
with their full style contact details and, where sub-letting is permitted under
the terms of this Charter Party, shall ensure that the contact details of all
sub-charterers are likewise provided to the CSO and the SSO/Master. Furthermore,
the Charterers shall ensure that all sub-charter parties they enter into during
the period of this Charter Party contain the following provision:
17
“The
Charterers shall provide the Owners with their full style contact details and,
where sub-letting is permitted under the terms of the charter party, shall
ensure that the contact details of all sub-charterers are likewise provided
to
the Owners”.
(ii)
Except as otherwise provided in this Charter Party, loss, damage, expense or
delay, excluding consequential loss, caused by failure on the part of the
Charterers to comply with this Clause shall be for the Charterers’ account.
(c)
Notwithstanding anything else contained in this Charter Party all delay, costs
or expenses whatsoever arising out of or related to security regulations or
measures required by the port facility or any relevant authority in accordance
with the ISPS Code including, but not limited to, security guards, launch
services, tug escorts, port security fees or taxes and inspections, shall be
for
the Charterers’ account, unless such costs or expenses result solely from the
Owners’ negligence. All measures required by the Owners to comply with the Ship
Security Plan shall be for the Owners’ account.
(d)
If
either party makes any payment which is for the other party’s account according
to this Clause, the other party shall indemnify the paying party.
72. ADDITION
TO CLAUSE 3 – In end of Line 59, to add and read as
follows:
Owners
shall, if known by them, advise Charterers immediately in writing, should the
vessel fail an inspection by, but not limited to, a governmental and/or port
state authority, and/or terminal. Owners shall simultaneously advise Charterers
of their proposed course of action to remedy the defects, which have caused
the
failure of such inspection, and it will be Owners’ responsibility to get the
vessel re-inspected subject to the Vessel’s trading pattern.
73. ELIGIBILITY:
Owners
warrant that neither the vessel or her Owners or Managers are on any black
or
boycott list that may hinder or prevent the Vessel from freely trading
throughout the duration of this Charter. Any delays incurred or time lost
resulting from any failure to comply with this clause shall be deemed to be
off-hire period.
74. BOYCOTT:
In
the
event of the vessel being subject to boycott, being delayed, or rendered
inoperative by strikes, labor stoppages, or any other difficulties whatsoever
and howsoever arising from vessel’s flag, ownership, management, crew, or terms
of employment of crew, or chartered vessel or any other vessel under the same
ownership, operation, or control, such time lost is to be considered as off
hire
and any proven direct expenses incurred on the vessel to be for Owner’s
account.
75. ON-HIRE
/ OFF-HIRE ▇▇▇▇▇▇▇ ▇.▇.▇. SURVEY:
Joint
survey to be carried out on delivery/redelivery to ascertain the bunker quantity
remained on board on delivery/redelivery by an independent surveyor who is
acceptable to both parties. Time/cost for delivery survey to be for Owner’s
account and time/cost for redelivery survey to be for Charterer’s
account.
76. AMENDED
CLAUSE 38:
The
Clause 38 of the Charter Party is amended by deleting its entirety (Lines 478
through 493 inclusive) and substituting the following:-
Charterers
shall procure that all Bills of Lading issued pursuant to the Charter shall
contain the following clause:-
“(1)
Subject to sub-clause (2) or (3) hereof, this ▇▇▇▇ of Lading shall be governed
by, and have the effect subject to the rules contained in the International
Convention for the Unification of certain
rules relating to Bills of Lading signed at Brussels on 25th August 1924
(hereafter the “Hague Rules”) as amended by the Protocol signed at Brussels on
23rd February 1968 (hereafter the “Hague-Visby Rules). Nothing contained herein
shall be deemed to be either a surrender by the carrier of any of his rights
or
immunities or any increase of any of his responsibilities or liabilities under
the Hague-Visby Rules.
18
(2)
If
there is governing legislation which applies the Hague Rules compulsorily to
this ▇▇▇▇ of Lading, to the exclusion of the Hague-Visby Rules, then this ▇▇▇▇
of Lading shall have effect subject to the Hague Rules. Nothing herein contained
shall be deemed to be either a surrender by the carrier of any of his rights
or
immunities or an increase of any of his responsibilities or liabilities under
the Hague Rules.
(3)
If
there is governing legislation which applies the United Nations Convention
on
the Carriage of Goods by Sea 1978 (hereafter the ‘Hamburg Rules’) compulsorily
to this ▇▇▇▇ of Lading to the exclusion of the Hague-Visby Rules, then this
▇▇▇▇
of Lading shall have effect subject to the Hamburg Rules. Nothing herein
contained shall be deemed to be either a surrender by the carrier of any of
his
rights or immunities or an increase of any of his responsibilities or
liabilities under the Hamburg Rules.
(4)
If
any term of this ▇▇▇▇ of Lading is repugnant to the Hague-Visby Rules, or Hague
Rules or Hamburg Rules, if applicable, such term shall be void to that extent
but no further.
(5)
Nothing in this ▇▇▇▇ of Lading shall be construed as in any way restricting,
excluding or waiving the right of any relevant party or person to limit his
liability under any available legislation and/or law.
77. HOUSE
FLAG/CHARTERERS’ MARKINGS:
Charterers
have the privilege of flying their house flag, to paint funnel in their house
colors and to paint their marks on ship’s sides. On or prior to the
vessel’s redelivery Charterers shall remove their marks on ship’s sides and
funnel in accordance with Owners’ request. Cost and time of painting/re-painting
to be for Charterers’ account. Upon Charterers’ request, Owners shall have the
vessel’s crew try best endeavor to perform re-painting work as far as concerning
work by ship’s hands is practically possible, and Charterers shall pay for all
time, expenses and materials whatsoever including reasonable payments to crew.
and
Owners shall discuss the issue of re-painting fees’ settlement at the time of
redelivery.
78. I.T.O.P.F.:
Owners
warrant that the vessel is a member of the International Tanker Owners Pollution
Federation (‘ITOPF’) and that Owners will retain such membership during the
entire period of this Charter Party.
79. ISM:
Owners
warrant that all times during the performance of this Charter the vessel shall
strictly adhere to and conform to the requirements of the ISM Code and shall
be
in possession of a valid Safety Management Certificate (‘SMC’). Owners further
warrant that at all times during the performance of this Charter the Owners
or
the Managers shall comply with the provision of the ISM Code and be in
possession of a Document of Compliance (‘DOC’).
80. OFFICERS/CREWS
:
Owners
will assign all officers who have enough knowledge and experience of tanker
operation, In case of replacement master and chief officer, owners shall give
due notice to charterers well in advance. If Charterers are not satisfied with
the conduct of master and senior officers, owners have to replace such senior
officers with experienced another senior officers within 2 voyages.
The
vessel will be manned with Master and Officers able to communicate both verbally
and in writing English ensuring smooth communication with Charterers, their
agents and shore personnel of suppliers and receivers.
81. I.T.F.:
Owners
warrant that the vessel’s officers and crew are members of a trade union or
similar organization recognized by and affiliated to the International Transport
Workers’ Federation (‘I.T.F.’), and that they shall retain such membership
throughout the duration of this Time Charter.
82. AGENTS:
Owners
to
appoint their own agents when and if required for the Owners’ business including
for major or extensive repairs, dry-docking and other extended off-hire, etc.
However, Charterers’ Agents to attend to minor matters for the vessel or crew,
such as postage, crew transportation, medical etc., on Owners’ behalf.
Charterers’ Agents may charge to Owners at the usual tariff for providing such
services.
19
| 83. |
BASE
& VARIABLE RATE WITH SETTLEMENT OF THE VARIABLE
RATE
|
Time
Charter Base Rate of US$30,000.00 per day or pro rata with Variable Rate to
be
applied throughout the period of the Charter as stated in Clause 4 of the
captioned Charter Party.
Variable
Hire shall be based on Actual Annual Net Average Daily Time Charter Earning
(“Actual Earning”), which means and shall be calculated as:
(1)
The
total earnings of Vessel actually achieved by Charterers for one year starting
on delivery or the anniversary of delivery of Vessel ; less
(2)
Any
operation costs and expenses including but not limited to port charge, bunker
cost, insurance premium, brokerage and/or address commission, any tax etc
payable by charterers; less
(3)
Any
cost for quotation of L.T.B.P. rate, if any.
Provided
that
In
case
the vessel is employed for the transportation of crude oil for SK Energy and/or
SK Incheon Oil or any other associated company of SK Shipping and/or SK Energy,
Charterers shall discuss the fixable rate with Owners before putting her on
subs, and in the event of disagreement the rate, then the applicable rate shall
be based on London Tanker Brokers Panel with the same date of putting on
subs.
If
the
Actual Earning is above Time Charter Base Rate, Variable Rate shall be as
follows;
|
US$30,000/d
< </= US$40,000/d
|
:
50/50% to Owners/Charterers
|
|
|
US$40,000/d
<
|
:
40% to Owners / 60% to Charterers
|
Settlement
of the Variable Rate
|
1)
|
Semi-annual
and annual provisional calculation sheets for the Actual Earning
shall be
made by Charterers to Owners within one month from the end of every
six
month period starting from the delivery of the Vessel.
|
|
|
2)
|
If
the voyage was ongoing at the end of the period, the annual provisional
calculation sheet for the Actual Earning shall be determined within
one
month from the completion of the voyage.
|
|
|
3)
|
The
semi-annual and annual provisional settlement of variable hire
shall be
paid within 7 banking days from the date upon which such figures
are
agreed.
|
|
|
4)
|
When
all claims including the demurrage of the year are settled, Charterers
shall provide final calculation sheet for the year and the balance
shall
be settled within 7 banking days from the date upon which such
figures are
agreed.
|
84. TAXES
AND/OR DUES
Any
taxes
and/or dues and/or charges on cargo and/or freight and/or the hire (including
any income tax levied on freight by authorities at load or discharge port(s))
to
be for Charterers’ account.
85. TELEXFAX/TELEX/E-MAIL
SYSTEMS:
The
vessel has an E-Mail system, a Telefax and a Telex machine on board, which
Owners shall maintain in good working order throughout the entire period of
this
Charter Party.
86. WATCHMEN:
Gangway
watchmen and fire watchmen to be for Owners’ account unless compulsory, in which
case cost to be for Charterers’ account.
87. OTHERS:
Victualling,
brokerage commission and a normal communication expenses shall be included
into
the Charter Hire payable by Owners but any extraordinary communication expenses
shall be borne by Charterers.
88. BROKERAGE
COMMISSION
1.25%
of
the T/C base rate with the variable hire earned by Owners to Neostar (or its
nominee) payable by Owners.
20
89. PRIVATE
AND CONFIDENTIAL:
All
terms
and conditions of this Charter agreement shall be kept Private and
Confidential.
End
of
Rider Clauses.
21