Судоводы - 9 семестр / Видищева Т.В., Монастырская О.И. - English in Maritime Business and Law (2014)

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PART II

“BARECON 89" Standard Bareboat Charter

(c) Payment of Hire torthe Inst and last north s Hre iflessthan a lull mcnth shall be calculated propoitionaly accordins to the number of days in the particular calendar month and advance payment to be effected accordingly

(d) Shouldthe Vessel be lost or missing. Hire to oease from the date and time

(o) Time shall be of the essence in relation to payment of Hire hereunder. In default of payment beyond a period of seven running days, the Owner shal have the right to withdraw the Vessel from the service of the Charterers without noting any pretest and without interference by eny other toimalty whatsoever, and shall, without prejudice to any other claimthe Owners may otherwise have against the Charterers under the Chatter, be entitled to damages in respect ol all costs and lasses incurred as a resut of the Charterers' default and the ensuing withdrawal of the Vessel

(f)Anydelay in payment of Hire shall entile the Owners to an interest at the rate per annum as agreed in Box 22. If Box 22 has not been filled in the current market rate in the country where the Owners have their Principal Place of Business shall apply.

11.Mortgage

(a)Ownerswarramthattheyhavenot effected any mortgage of the Vessel.

(b)The Vessel chartered under this Charter is financed by a mortgage according to the Deed(s) ol Covenant annexed to this Charter and as stated in Box 26 By their counter-signature on the Deed(s) of Covenant the Charterers undertake to have acquainted themselves with all terns, conditions and provisions of the said Oeed(s) of Covenant The Charterers

undertake that they will comply wth all such instructions or directions in regard to the employment, insurance, repairs and maintenance of the Vessel, etc., as bid down in the Deed(s) of Covenant or as may be directed from time to time during the currency of the Charter by the Mortgage^) in conformitywiththe Dced(s) ofCovenant

(c) The Owners warrant that they have not effect any mortgage(s) other than stated in Bax26 and that theywill not effect any other mortgage(s) withouttoe prior consent ofthe Charterers

Clauses 11(a) anti 11(b) aw alternatives: indbate atternaUve

12. Insurance and Repairs

(a) During toe Charter period the Vessel shall be kept insured by the Charterersat their expense against marine, warand Protection and Indemnity risksinsuch form asthe Owners shallinwritingapprove, whichapproval shall not be unreasonablywithheld. Such marine, wer and P. and I. aisurance shal be arranged bythe Charterers to protectthe interestsat both the Owners and the Chatterers and mortgagees (ifany), and the Chatterers shal be at liberty to protect under such Insurance the interests of any managers they may appoint AH Insurance policies shall be intoe joint names of Owners and the Charterersas their interests mayappear.

the Owners shall notifythe Charterers whereupon the Charterers shall rectify the position within seven nrnning days, falling which Owners shal have the right to wtodraw the Vessel from the service of toe Charterers without prejudice to any claim the Owners may otherwise have against the

The Charterers shal. subject to toe approval of the Owners and the Underwriters, effect all insured repairs and shal undertake settlement of al costs in connection with such repairs as well as insured charges expenses end liabilities (reimbursement to be secured by toe Charterers from the Underwriters) to the extend of coverage under toe insurance herein provided

The Charterers also to remain responsible for and to affect repairs and settlement of costs and expenses incurred thereby in respect of all other repairs net covered by the risurance and/or not exceeding any passible franchlse(6) or deductibles provided lor in the Insurance.

All time used for repairs under toe provisions of sub-clause (a) of this Clause and lor lepairs of latent defects according to Clausa 2 above including any deviation shallcountas timeon hire and shall formpart ofthe Charter period.

(b) Under conditions of the above insurances permit addlional insurance to be placed by the parties, such cover shall be limited to the amount for each party set out in Box 26 and Box 29. respectively The Owners or the Charterers as the case may be shall immediatelyfurnish the other partywith particulars of the additional insurance effected, including copies of any cover notes or policies and the written consent of the insurers of any such required insurance in anycase wheretoe consent of such insurers isnecessary.

(c) Should the Vessel became an actual, constructive, compromised or agreed total loss under the insurances required under sub-clause (a) of Clause 12. allinsurance paymentsforsuch lossshall be padtotoe Mortgagee, if any. in the manner described in the Deedfs) tit Covenant who she! distribute the noneys betwreen themselves, the Owners and the Charterers according to their respective interests. The Charterers undertake to notifythe Owners and the Mortgagee, if any, of any occurrences in consequence tit which toe Vessel is likelyto become a Total Loss as defined in this Clause.

(d)It toe Vessel becomes an actual, constructive, compromised or agreed total loss under toe insurances arranged by toe Charterers In accordance with sub-clause (a) of this Clause, this Charter shall terminate as of toe date of

(e)The Owners shall upon the request of too Charterers, promptly execute such documents as may be required to enable the Charterers to abandon toe

Vessel to Insurers and daim a constructive total loss

(I) For the purpose of insurance coverage against marine end war risks under the provisions of sub-clause (a) of this Clause, toe value ol toe Vessel Is toe sumIndicated In Box 27.

35914. Redellvery

360The Chattels shall at toe expiration of toe Charter period redeliver toe Vessel

361at a sale and ice-lree port or place as indicated in Box 18. The Charterers

362shall give the Ovmers not lessthan 30 running days' preliminary and not less

363than 14 days' definite notice ot expected date, range of ports ot redelivery or

364port or place of redelivery. Any changes thereafter in Vessel's position shall

365ba notified immediately to toe Owners.

366Should the Vessel be ordered on a voyage by which toe Charter period may

367	be exceeded the Charterers to have the use of the Vessel tom enable them

368to complete the voyage, provided it could be reasonably calculated that toe

369voyage would allow redeliveiy about the time fixed the termination of the

370Charter.

371The vessel shal be redelivered to the Owners in the same or as good

372structure, state, condition and class as that in which shewas delivered, (air

373wear and tear not affectingclass expected.

374The Vessel upon redeliveiyshall have her suivey cycles up to date and class

375certificatesvald for at least the number ol months agreed m Box 12..

37615. Nan-Uen and Indemnity

377	The Charters will not suffer, nor permit to be continued, any lien or
376	encumbrance incurred by them or thoir agents which nvght have pnonty over
379	the titleand interest of the Owners inthe Vessel.

360The Chaitereis further agree to fasten to the Vessel in a conspicuous place

361end to keep so fastened during the Charter penod a notice reading as

382 follow»:.

363' This Vessel b the propertyof (name ot Owners). It is under charter to (name

364of Charteiais) and bythe termof the Charter party neither the Chaitereis nor

365the Master have any right power or authonty to create, meur or pemna to be

366imposed onthe Vessel any lienwhatsoever."

367The Chaitereis shall indenvufy and hold the Owners haimiess against any

368lion ot whatsoever nature arising upon toe Vessel during the Charter period

3B0 while she is under the control ol toe Chaiteres. and against any ctalns

390against the Owners arsing out of or in relation to too operation on the Vessel

391by the Charterers Should the Vessel be arrested by reason of claims or

392liens arising out of her operation hereunder by the Charterers the Charterers

393that at their own expense take all reasonable steps to secure that within a

394reasonable time the Vessel it released and ot toe» own expense put up bail

305	to secure releaseof toe Vessel
366	1*. Lien
397	The Ownere to have a lien upon tallcaigoes and eub-freight» belonging to the
ggg	Chaiteres end eny Bit of Unding freightfor all claims under this Charter, end
300	the Charterers to have a Son on the Vessel tor all moneys paid (i advance

209

			PART	II
		“BARECON 89” Standard Bareboat Charter
400		and not earned.	460	24.	War
			481		(a) The Vessel unless the consent of the Owners be firs; obtained not to be
401	IT.	Salvage	462		ordered nor continue to any place cr cn any voyage nerr be used on any
			463		service which will bring her within a acne which is dangerous as a result of
402		All salvage and towage performed by the Vessel shall be tor the Charterers
			464		any actual or threatened act of war. war. hostilities, warlikeoperations, acts of
		benefit and the cost of repainng damage occasioned thereby shall be borne
l a			465		piracy or of hostilityor malidous damage against this or any other vessel or its
		by Ihe Charterers
			466		cargo by any person, body or State whatsoever, revolution, evil war. crvl
a	18.	Wreck Removal	467		commotion or the operation of international law. nor be exposed in any wayto
			466		any risks or penalties whatsoever consequent upon the moostion of
l a		In the event of the Vessel becoming a wreck or obstruction to navigation the	469		Sanctions, nor cany any goods that may in any way expose her to any risks of
		Charterers shall indemnify the Owners against any sums whatsoever which	470		seizure, capture, penalties or any other interference any kind Wiatsoever by
s ê		the Owners shall become liable to pay and shall pay in consequence of the	471		the belligerent or fighting powers or parties or by any Government or Ruler.
		Vessel becoming a week or obstruction to navigation.	472		(b) The Vessel to have libertyto comply with any orders or directions as to
	19.	General Average	473		departure, arrival, routes, ports of can. stoppages, destination, delivery or in
È I			474		any other wise whatsoever given by the Government of the nation under
		General Average, if any, shall be adjusted according to the York-Antwerp	475		whose flag the Vessel sails or any other Government or any person (or body)
S		Rules 1974 or any subsequent modification thereof current at the time of the	476		acting or purporting to act with the authority of such Government or by any
s S			477		committee or poison having under the terms of the war risks insurance on the
		The Chatter Hire not to contributeto General Average.	478		vessel toe nghttogive any such orders or directions.
			479		(c) In toe event of outbreak of war (whether there be a declaration cf war or
»	20.	Assignment and Sub-Demise	430		net) between ant two or more of toe countries as stated in Box 31. beto the
5s		The Charterers shall not assign this Charter nor sub-demise the Vessel	481		Owners and toe Charterers shall have toe nght to cancel this Charter.
		except with the prior consent in wilting of the Owneis which shall not be	482		whereupon the Charterers shall redeliver (he vessel to the Owners in
s s		unreasonably withheld and subject to such terms and conditions as the	483		accordance with Clause 14. if she has cargo on board after discharge thereof
		Owners shall approve.	434		at destination, or if debarred under this Clause horn reaching or entering it at
			485		a near open and state port as directed by the Owners, or if she has no cargo
	21.	Bills of Lading	486		on board, at the port at which she then s or вat sea at a near open and sate
			487		port as directed by the Owners In all cases hire shall continue to be paid in
		The Charterers are to procure that all Bills of Lading issued for carriage of	488		accordance withClause 10 and except as aforesaid all other provisions of this
		goods under this Charter shall contain a Paramount Clause incorporatingany	489		Charter shall apply until redelrvery.
		legislation relating to carrier's liability tor cargo cempulsonly applicable in the
		trade; if no such legslabon exists, the Bills of Landing shall incorporate the	490	as.	CotniTrissian
		BritishCarriage of goods by Sea Act The Bills of lading shall also contain the	491	----- The Owners to pay a eomm ccian al toe tala indicaied at Bax 33 to toe
		amended newJason Clause and the Both-to Blame CoDisbn Clause
		The Charterers agree to ndemnity the Owneis against all consequences or	492		Brakotc narnod n Bex 32 an any hire paid under too Thartnr tort in па п ае
		liaUitics arising from the Master, officers or agents Bills of landing or other
		documents.	495
ê			497	----- Should toe parties agree to cancel toe Chatter, the Owr ets-to indemnify tos
			496		В-т^тпг nnn -it twy Ітгтт т* шттпгппг hut in rurh n~r “-----------------—1
			499		Isenteed-toe brokerage af one year's Hire.

8 8 § s a s ê a a s è i $ i £ t î s & Ê i ê ê § Ê I a ê

	(Optional onlytoapplyifSox25(ИМin)	SCO
		501
	(a) In toe event of toe Requisition for toe Hite of the Vessel by any	502
		504
	governmental or other competent authority (hereinafter referred to as
	'Requisition ter Hire") irrespective oftoe dale during the Charter pared whan	505
	'Requisition tor Hire’ may occur and irrespective of he length thereof and	507
	whether or not it be for an indefinite or a limited period of time, and
	Irrespective of whether it may or wil remain inforce for toe remainder tor toe	508
	Charter period, this Charter shall not be deemed thereby or thereupon to be
	frustrated or otherwise terminated and toe Charterers shall continue to pay
	toe stipulated hire inthe manner provided by this Charter until toe time when
	the Charter would have termnated pursuant to any of the provisions hereof
	compensation received or receivable by the Owners shall be payable to toe
	Charterers during trio remainder of the Charter period or the period of the
	■RequisJion for Hire"whichever to be shorter
	The Hire under this Charter shall be payable to the Owners from the same
	time as the requisition Hire is payable to the Charterers
	(b) In the event of the Owners being deprived of their ownership in the Vessel
	by any Compulsory Acquisition of the Vessel or requisition for titJo by ary
	governmental or other oompetent authority (hereinafter referred to as
	"Compulsory Acquisition"), then, irrespective of the date during toe Charter
	period when "Compulsory Acquisition* may occur, this Charter shall tie	523
	deemed terminated as of the date of such "Compulsory Acquisition*. In such

event Chatter Hireto be considered as earned and to be paid up to toe date and timeofsuch'Compulsory Acquisition".

26.Law andArbitration

28.1. This Charter shal be governed by English law and any dispute arisr.g out cf this Charter shal be refferred to arbitration in London, one arbitrator

being appointed by each party, in accordance with Arbitration Acts 1950 and 1979 or any statutory modification or re-enactment thereof for the tene beng in force. On toe receipt by one party cf the nemrnaton in writing of the other party’s arbitrator, that party shal appoint their arbitrator within fourteen days, failing which toe decision of toe sngle Arbitrator appointed shall apply. IItwo Arbitrators property appointed shall rot agree they shall appoint an umpire whose decision shall be final

“BARECON 89" Standart Bareboat Charter

PART III

PROVISION TO APPLY FOR NEWBUILDING VESSELS ONLY

(Optional, onlyh> apply <1eipresslyagreed andslated inBox35)

PART IV

HIRE/PURCHASE AGREEMENT

(•Optional, onlytoapplyt expresslyagreedsndstaledinBox30)

25

26

27

28

'tde fordotation»I Ilia Vaasol from Bio Ship's Regeloi

32

33

34

35

36

37

38

39

40

42

43

PART V

PROVISION TO APPLY FOR VESSELS REGISTERED IN A BAREBOAT CHARTER REGISTRY

{Optional, onlytoapplydexpresslyagreedandslatedInBox40)

1 Definitions

3 hereby assigned lo them:

8 of the Vesselare regtCeied as Owners and to whichjurisdiction and control of the 10 Mortgage

12

13
15
16
17
18	rant ol the Voaaal beleg delaled hem the Bareboat Chatter Ro.«*«y-
19
20
21
22

2 1 1

1 Shpbioktv

3 Owncrs/PInce o(business (Cl 1)

5 Vossofs numo (Cl 1)

7 DWTalltold on summerload lino in metric tons (nbt.) (Cl 1)

9Expected ready toload (obi.)(Cl 1)

10Loadng portorplnco (Cl 1)

APPENDICE 9Il

RECOMMENDED	TSsgS'
THEBALTIC AND INTERNATIONAL MARITIME COUNCIL
UNIFORM GENERALCHARTER(AS REVISED «22. «70 and 1M4)
(To ba uaad for tradn for which no specially approved form la In fdren)
CODENAME: -GENCON-	Partl
2 Place and date
4 Chanorers/Plaoe ofbusiness (Cl. 1)
6 GT/NT(Cl. 1)
8 Prosont position (Cl 1)
11 Discharging port or place (Cl. 1)

12. Cargo (also stato quantity and margin in Owners'option, ifagreed iffull and complete cargo notagreed slate'part cargo') (Cl. 1)

13. Freight rate (also stole whether freightprepaid or payable on delivery) (Cl. 4)

15. Stateifvessel's cargo handing gearshall not be used (Cl. 5)

17 Shippers/Plaoe ofbusiness (Cl. 6)

18. Agents (loading) (Cl. 6)

19Agents (dscharging) (Cl. 6)

20Demurrage rate and mannerpayable (loadng and discharging) (Cl 7)

14. Freight payment (state cunency and method ofpayment; also beneficiary and

bank account) (Cl. 4)

16. Laytime (ifseparate laytime forload, and dsch. is agreed; fill in a) andb). If total laytimeforload,and dsch., fillin c) only) (Cl. 6)

a)Laytimeforloading

b)Laytime fordischarging

c)Total laytime forloadnganddischarging

21 Cancelling date(Cl. 9)

22 General Averageto beadjusted at (Cl 12)

23. Freight Tax(stale ifforthe Owners'aocount) (Cl. 13(c))			24. Brokerage commission and to whom payable (Cl. 15)
25. Law and Artxtratai (state 19(a), 19(b)or19(c) ofCL 19 if 19(c) agreed
	also slate Plaoe of Arbitration) (ifnot filled	in 19(a) shallepply) (Cl. 19)
'	(a)Statemaximum amount forsmall daims/shortened	arbitration (Cl. 19)	26. Addition^clauses covering special provisions, ifagreed

Il is mutually agreedlhal this Contract shallbeperformed street to lhaconditions contained in Ihis ChanerParty which shall indudePart I aswell asPat II. Intheevent ofaconflict ofconditions, theprovisions ofPartI shallprevailoverthose ofPart II to the extentofsuch conflict.

Signature(Owners)

Signature (Charterers)

P rin te d b y T h e B IM C O C h a rte r P a rty E d ito r

212

PART II

‘Gencon“ Charter (As Revised 1922,1976 and 1994)

1,	5 B agreedtshreen (he wry morxionod m Bax 3 os (heOners of (ho Vessel
	named n Box & ofthe GLUT Mealed in Box 6andcanying about Ihenumber		2
	or TOXTK tons o( dsadwoghi rapacity at told on summer toeime staled in Box		3
	? tttnn posten os stated n Box 8 ond expected ready to load under this		4
	Chaner Party aCctl the dale retestedin Box 9, and the party mentioned as the		5
	Charterers r Box 4that'		6
	1 he sad Vessel shal. as soon as her poor commitments have been completed.		7
	proceed to thelosing pcr;s) or pare(s) stated in Box 10orsonear thereto es		8
	she nay safety get and 5e atasys afloat, end there Iced a (Id and conpiete		9
	cargo (if shipment of deck cargo agreed someto be et IheCharterers' risk and		10
	responstoilty) as stated in Box 12, which the Charterers bind themselves to		11
	ship, and tekyg sc loaded theVessel shal proceed to the dscharging port(s) or		12
	ptece(s) stated r Bax 11 as oxtered on sgnmg № of Ladng. or so near		13
	thereto as she maysafety gal andte always atoal. and there deliver the catgo		14
2.	Owners' ReepontlMftyCtout*		15
	Ths Ownare are to be responsible for toss of or damage to the goods or for		16
	defy in delivery ol the goods arty in casethe loss, damage or delay has been		17
	caused by personal wait of due rfigence on the part of the Owners or their		18
	Vanags icmaketr» Vessel it at respects seaworthy andto secure that she is		19
	property named, equipped and supplied, or by the personal act or deteiit of		20
	theOners orthe»Manager.		21
	.Arc the Owners are nd responsible for toss, damage or delay arising from any		22
	other causewhatsower, even from the neglect or default ofIheMaster or crew		23
	or sore after parson employed by the Owners on board or ashore for whose		24
	ads they would, but for thrs Clause, be responsible, or from unseaworthmess of		25
	the Vessel	on tedrg or commencement of the voyage or at any time	26
	wtesoever.		27
3.	DmtatianCliusa		28
	The Vessel has tfoerty tocal al any pert or ports in any order, forany purpose,		29
	to sat wihout pflets, to tow ardor assist Vessels in al situations, and also to		30
	dsvace forthe puposaofsaving ifeancta property.		3t
4.	PaymentofFreight		32
	(a) Thefreightat iie rare sreted in 3ax 13 shal bepaid In cash catenated on Ihe		33
	n£sn <*Ertiycfcarga		34
	(b) &®S5t If sccordng to Box 13 freight is to bepeidonshipmenl.it shal be		35
	deemed earned andnon-returnable.Vesselandbrcargo lostornot lost.		38
	\’€&wr theOwnere nor theiragents shal be required to sigt or endorse bills of		37
	tadng showing freight prepaid unless lha freight due to the Owners has		38
	actuatybeen pad		39
	;c) On datterv. If according lo Bor 13 freight, or pert thereof, is payable at		40
	drsW y	1 shal not be deemed earned irtfl the cargo is thus delivered.	41
	Nctwihstandng the provisions under (a), if freight or pert thereof is payable at		42
	daKery ol he ago the Charterers stei have the option of paying the freight		43
	on dakverad weighl/qurtiy provided such option is declared before breaking		44
	buk and the weighUqjantiy can be ascertained by otEcial weighing machine.		45
	orl dal suveyortaty.		46
	Cash forVesseTs ordrary dsbursemens e thepat of loadng to ba advanced		47
	by lha Charterers, if required, al highest cuter« rste of exchange, subject lo		48
	twoR peroerltocoverinssianee andotherexpenses.		49
5.	LMdlng/Dlschaging		50
	fa)Ctrsfsiffeks		51
	The cargo shal be btoçtrt into the hekfe. loaded, stowed andbr trimmed.		52
	afied. tashed andbr sacued and taken tom thetrxete and dschargedby the		53
	Cnsterers. flea of any risk, katxcy end expense wtasce/er lo Ihe Owners.		54
	The Charterers shal provide and fey at dunage material as required for the		55
	proper stowage and protection of the cargo on board, IheOwners aiming the		56
	ise of al droage salable on boerd TheCharterers shal be responstte for		57
	andpeyHe cost ofremoving ther damageafter dschargeof Ihe cargo under		58
	this CharierPartyandtinetocoure inti dunnagehas been removed.		59
	ДО CargoHandingGear		60
	Unless de Vessel s geedessor triess i hasbeanagreed between theparties		61
	ths *e Vessers gear shal not be used and stated as such n 6« 15. the		62
	Owners shat throughout the diraccn of tcadng/dschaiging give free usa or		63
the Vassa’s cargo hanhtg gear and of suffiraant motive power k> «perde al			64
	such cage handing gear. At such equipment to be in good working order. 65
	Urrtess causedby negtgence of the stevedores, line losl by beakdawn of the		66
Vëssefs cargo hanefing gear or macive power - po rata the total lurtber of			67
cranas/Wrtches required ac that time for the loadngfdschargng of cargo			68
irrier ths Charier Party - shal not tart as tayame a time on demuiage			69
On reqresl the Owners shal pranda free cf charge aanementemchmen from			70
the crew lo tperae foe Vessefs cargo hanc&ng gear, ufess local regtiarions			71
profit* this, n which toner evert shore fabouersshal befortheaccount ofthe			72

Charterers. OanemerVwutrimen shal be infer lha Charterers’ nsk and 73 responsforty and as stevedores to be deemed as thee servants tu shal 74

1	aVrays wak underlha siperviaonoftho Master.			75
	(c)	Stevedore Damage		76
	The Charterers shall be responsible tor damage (beyond ordinary wear and 77
	tear) to any pert of the Vessel caused by Stevedores Such damago shall bo			78
	notifed as soon as reasonably possible by ihe Master to the Charterers or thar			79
	agents and to their Stevedores, felling wtveh the Charterers shall nor be held			80
	responsible		The Master shall endeavour to obtain the Stevedores' written	81
	acknowledgementofliability			82
	The Charterers are obliged to repair any stevedore damage prior to oomplelion			83
	of the voyage, but must repair stevedore damago affecting the Vessefs			84
	seaworthiness or class before the Vessel sails from the port where such			85
	damage was caused or foutd. All addtional expenses incured shall be rot lha			86
	account oftheCharterers and any time lost shall be for the account of and shall			87
	bepaid toIheOwners by the Charterers al Ihedemurrage rate.			88
6.	Laytime			89
* (a)Separatelaytimeforloadinganddischarging				90
	The cago shall be loaded within the nunber of ruining days/houis as			91
	indcated in		Box 16, weather permitting. Sundays and holidays excepted.	92
	unless used, in which event time used shall count.			93
	The cargo shall be dscharged within Ihe nunber of running days/hours as			94
	indcated in		Box 16, weather permitting, Sundays and holidays excepted.	95
	unless used, in which even! time (feed shall court.			96
* (b) Totallaytimeforloadnganddischarging				97
	The cargo shdl be leaded and discharged within the nunber or total running			98
	days/hous as indcaled in Bax 16. weather permitting, Sundays and holidays			99
	excepted, unless used, in which eventline used shallcount.			100
	(c)	Commencementcflaytime(hatinganddscharging)		101
	Lsytime for loadng and dschargng shal commence al 13.00 hous. if notice ol			102
	readness is given tp to end inducing 1200 hours, and d 06.00 hours next 103
	working day if notice given during office hours after 12.00 hcuis. Notice of 104
	readnessal loadng port lo be given to the Snippers namedin Box 17 or if not			105
	named, to Ihe Charterers or liter agents named in Box 18. Notice or readness 106
	al the discharging port lo be given to the Receivers or, if not knmrn, to the			107
	Charterers ortheiragents named in Ba 19.			108
	If the toadng/dscherging berth is not avaiable on theVessel's arrival at a off 109
	the part of loadngtfscharging. the Vessel shall be emitted to give notice of 110
	readness within ordnary office hours on arrival Ihere, whether in free pratique 111
	or rud, whether customs cleared or not Laytime or time on demurrage shall 112
	then	count as if she were in berth and in all respects ready for loadng/		113
	dscharging provided that the Master warrants that she is in ted ready in all 114
	respeds. Tine used in moving from the place*of wafting to the loadng/ 115
	dscharging berth shal not couit aslaytime.			116
	ir, after inspection, Ihe Vessel is foutd not to be ready in all respects lo load/			117
	dscharge lime lest after Ihe dscovery thereof until theVessel is again ready to 118
	loadtdscharge shallnotcourtaslaytime.			119
	Timeused before commencementoflaytima shall count.			120
* Indicatealternative(a)or(b)as agreed, inBox 16.				121
7.	Demurrage			122
	Demurrage at the loading and dscharging port is payable by Ihe Charterers at 123
	therate sidedhr Bar 20in themamer stated inBax20 perdayorpro rate for			124
	any part of a day Demuiage shaft tell due day by day and shall be payable 125
	tponrecaplofthe Owners/invoice.			126
	In the event the demurrage is not paid in accordance with the above, the 127
	Owners shal give the Charterer 96 ruining hours written notice to rectify Ihe 128
	failure. Ifthedemuiageis notpaidal the«pidion ofthis timelimit andif the 129
	vessel is in a al Ihe loadng port, the Owners are entitled at any time (0 130
	terminate theCharter Party andclaim damages for any losses caused thereby. 131
8. LienClause				132
	The Owners shaft have a lien on the cargo and an ell sub-trergNs payable in 133
	respect of Ihe cargo, for freight, daadfreiglit. demurrage, dams for damages 134
	and for all other amounts die under ths Charter Party indudng costs ol			135
	recovering same.			136
9. CaneelOngClause				137
	(a) Shodd the vessel not be ready to load (whether in berth or not) on the 138
	cancelling dale indexed in Box 21. Ihe Charterers shaft have the option of 139
	cancslngthsCharterParly			140
	(b) Should ihe Owners a/tiqpae lhal, despite the exercise of due dtigence. 141
	IheVessel will not be ready lo load bythecanceling (tala. they shal notify the 142
	Charterers thereof without delay stating Ihe expected dale of the Vassals 143
	readness to load and asking whether the Charterers will axercse their option 144
	ofcanningtheCharter Party,oragroo to anew cancoErgdate.			145
	Such option must ba declared by tho Charterers within 48 running hous after 146

Ihe recept ol IheOwners' notice. If lha Charterers do not exerase their ephon 147 of canceling, then ths Charter Party shal be deemedto be amended such that 148

213

P A R T II

"Gencon" Charter (As Revised 1922,1976 and 1994)

Ihe seventh day after the new readness dato started in the Owners' notification 149

to the Charterersshall bethe new cancelling date.		150
The provisions of sutxlause (b) of this Clause shall operate only once, and in 151
case of Ihe Vessel's further delay, the Charterers shall have tho	option of 152
cancelling the Charter Party aspersit-dause (a) ofthis Clause		153
10. Bills of Lading		154
Bills of Lading shall be presented and signed by the Master as	per the 155
'Congerbill' Bill of Lading form, Edtion 1994, without prejudice to this Charter 156
Party, or by the Owners' agents provided written authority has been given by		157
Owners to the agents, a copy of which is to be furnished to Ihe Charterers. Tho		158
Charterers shall indemnify Ihe Owners against all consequences or liabilities 159
that may arise frem the signing of bills of ladng as presented to Ihe extent that		160
the terms or contents of such bills of lading impose or resdt in the imposition of 161
more onerous liabilities upon the Owners than those assumed by the Owners 162
underthis CharterParty.		163
11. Both-to-Blame CollisionClause		164
If the Vessel comes into collision with another vessel as a result of the 165
negligence of the other vessel and any act, neglect or default of Ihe Master,		166
Mariner, Pilot or Ihe servants of ihe Owners in the navigation or in Ihe		167

management of the Vessel, Ihe owners of Ihe cargo carried hereunder will	168
indemnify Ihe Owners against all loss or liability to the other or non-carrying	169
vessel or her owners in so far as such loss or liability represents loss of, or 170
damage to. or any claim whatsoever of the owners of said cargo, paid or	171
payable by theother or non-carrying vessel or her owners lo Ihe owners of said	172

cargo and set-off, recorded or recovered by the other or non-carrying vessel	173
or her owners as pan of their claim against Ihe carrying Vessel or the Owners.	174
The foregoing provisions shall also apply where Ihe owners, operators or those 175
in charge of any vessel or vessels or objects other than, or in addiion to, the 176
colliding vesselsorobjects areat fault in respectofa collision or contact.	177
12 General Averageand New Jason Clausa	178
General Average shall be adjusted in London unless otherwise agreed in Box 179
22 accordng to York-Antweip Rules 1994 and any subsequent modfication 180
thereof. Proprietors of cargo to pay the cargo's share in the general expenses	181
even if same have been necessitated through neglect or default of Ihe Owners' 182
servants (seeClause2).	183
If General Average is to be adjusted in accordance with the law andpractice of	184

the United Stales of America, Ihe following Clause shall apply 'In the event of 185 accident, danger, damage or disaster before or after the commencement of the 186 voyage, resulting from any cause whatsoever, whether due to negligence or 187 not, for which, or for Ihe consequence of which, the Owners are not 168 responsible, by statute, contract or otherwise, Ihe cargo shippers, consignees 189 or the owners of the cargo shall contribute with Ihe Owners in General Average 190 to Ihe payment of any sacrifices, losses or expenses of a General Average 191 nature that may be made or incurred and shall pay salvageand special charges 192 incurred in respect of ihe cargo. If a salving vessel is ownedor operatedby the 193 Owners, salvageshall bepaid foras fully as ifIhe saKl salving vessel orvessels 194 belonged to strangers. Such deposit as the Owners, or their agents, may deem 195 sufficient lo cover the estimated contribution of Ihe goods and any salvage and 196 special charges thereon shall, if required, be made by Ihe cargo, shppers, 197

consigneesorowners ofthegoods totheOwnersbeforedelivery *.	198
13. Taxes and Dues Clause	199
(a) On Vassal -The Owners shall pay all dues, charges andtaxes customarily 200
leviedonIheVessel, howsoevertheamours thereofmaybeassessed	201

(b) On camo -The Charterers shall pay all dues, charges, duties and taxes 202 customanly levied on the cargo, howsoever the amount thereof may be 203 204

(c) On freight -Unless otherwise agreed in Box 23. taxes levied on the freight 205

shall befortheCharterers’ accourS.	206
14.Agency	207

In every case the Owners shall appoint thar own Agent both at the port of 208

tearingandtheport ofdscharge.	209
15.Brokerage	210

A brokeragecommission at the ratestatedin Box 24 onthe freight, dead-freight 211

anddemurrageearnedis duetothepaitymentionedin Box 24.

212

In case of norvaecution 1/3 of Ihe brokerage on Ihe estimated amount of 213 freight to be paid by the party responsble for such non-execution lo Ihe 214

Brokers as indemnity for the tatter's expenses and Work	In case of more 215
voyagestheamourt ofindemnity tobeagreed	216
1«.General StrikeClause	217

(a) Itthereis a strikeor (odc-om affectinga preventing Iheactual loadng ofthe 218 cargo, or anypart of it, whentheVessel isreadytoproceedfrom her last portor 219

□l any lino during tho voyago to tho poll or portc ol looting or oftix Iror omvol 220 there, tho Mastor or tho Owners may ask tiro Chartorms to docloro, that they 72i agroo to reckon tho laydays os If Ihoro woio no clrlko or lock-out Unloss tho 222 Charterers havo grvon such doclnrolion in writing (by lotogrnm, if noeoesnry) 223 within 24 hours, Ihe Owners shall have tho option ol cancelling this Charier 224 Party. II part cargo has olrondy boon loadod, tho Owners must proceed with 225

sane, (freight payable on loadod quantity only) having liberty to comptoto with	226
othercargo on theway fortheirown account.	22/
(b) If there is a strike or lock-out affecting or preventing the actual discharging	228

of thocargoon or aftor IhoVossd'c arrival at or off port of dischargo and samo 229 has not baen soltlod within 48 hours, Iho Chnrtorots shall havo Iho option of 230 keeping lira Vessol wailing unlit such striko or lock-out Is ol an ond against 231 paying half demurrage after oxpiratfcm of Iho limo providod lor dscharging 232 unlil Ihe slrike or lock-oul lerminales and thereafter foil demurrage shall bo 233 payable until the completion of dscharging, or of ordering Iho Vossol lo a safo 234 port where she can safety dscharge without risk of being detained by striko or 236 lock-out Such orders lo bo given within 48 hours after Ihe Master or Iho 236 Owners have given notice lo Ihe Charterers of the strike or lock-out affecting 237 the dscharge. On delivery of Ihe cargo at such port, all conditions of this 238 Charter Party and of Ihe Bill of Ladng shaJI apply and Ihe Vessel shall recelva 239

Ihe same freight as if she had dscharged al lire original port of destination,	240
except that if Ihe distance to Iho substituted port exceeds 100 nautical miles,	241
the freight on the cargo delivered al Ihe substituted port to bo inctoasod In	242
proportion.	243

(c) Excepl for Ihe obligations described above, neilher Iho Charterers nor Iho 244

Owners shall be responsible for Iho consoquonces of any slnkos or lock-oulB 245
preventing or affecting Iheactual loading or discharging ofIhocargo.				246
17. War Risks ("Voywar 1993')				247
(1)	ForIhepurposeofthis Clause, Ihewords:			248
	(a) The 'Owners' shall include the shipowners, bareboat charterers, 249
	dsponent owners, managers or other operators who are chargedwith the 250
	management ofthe Vessel, andIheMaster, and			251
	(b) 'War Risks' shall include any war (whether actual or threatened), act of 252
	war. civil war, hostilities, revolution, rebellion, civil commotion,			warlike 253
	operations, Ihe laying of mines (whether actual or roportod), acts of piracy, 254
	acts of terrorists, acts of hostility or		malicious damage, blockades 255
	(whether imposed against all Vessels		or imposed selectively	against 256
	Vessels of certain flags or ownership, or against cortaln cargoes or crews 257
	or otherwise howsower). by any person, body, terrorist or political group, 258
	or Ihe Government of any state whatsoever, which, in Ihe reasonable 259
	judgement of the Master and/or Ihe Owners, may be dangerous or are 260
	likely tobeor tobecomedangeroustotheVessel, her cargo, crew or other 261
	persons on boardtheVessel.			262
(2)	irat ary limebefore IheVessel commences bating, il appears that, In Ihe 263
	reasonijle judgement of the Master andfor the Owners, performance of 264
	theContractofCarriage, oranypart ofit, mayexpose, oris likely loexpose, 265
	the Vessel, her cargo, crew or other persons on board Ihe Vessel lo War 266
	Risks, the Owners may give notice lo Ihe Charterers cancelling this 267
	Contract of Carriage, or may refuse to perform such part of it as may 268
	expose, a may be likely to i	, Ihe Vessel, her cargo, crew or other 269
	persons on board the Vessel to War Risks: provided always that if this 270
	Contract of Carriage provides that loading or dscharging is lo take place 271
	within a rangeofports, andat theport a ports nominatedbyIheCharterers 272
	the Vessel, her cargo, crew, or other persons onboardthe Vessel may be 273
	exposed, or may be likely to be exposed, lo War Risks, the Owners shall 274
	first require Ihe Charterers to nominate any other safe port which lies 275
	within Ihe range for loadng or discharging, and may only cancel this 276
	Contract of Carriage if the Charterers shall not have nominated such safe 277
	portorportswithin 48hours ofreceipt ofnolico ofsuch requirement			278

(3) TheOwnersshall not be required tocontinuelo loadcargo for anyvoyago. 279

or tosirp Bills of Lading fa anyport or place, a to proceeda continueon	280
any voyage, or on any part Ihereof. or lo proceed through any canal a	281

waterway, a to proceed lo a remain at any port a placo whatsoever, 282 where it appears, either alter the loadng of the cargo commences, a at 283 arty stage of the voyage thereafter before the discharge of the cargo is 284 completed, that, in Ihe reasonable judgement of Ihe Mastor andfor the 285 Owrtere, IheVessel, ha cargo (a any part thereof), crew a other persons 286 onboardtheVessel (a anyonea moreofthem) maybe, a arelikely tobe. 267 exposed to War Risks. If it should so appear, tho Ownas may by notico 286 request Ihe Charterers to nominate a safo port for the dscharge of the 289 cargo a any pan thereof, and if within 48 hours of Ihe receipt of such 290 notice, the Charterers shall not have nominated such a port, the Ownas 291 may dschargethe cargoal any safeport ofthar chace (includng thepat 292 of loadng) in canploto fulftimont of tho Contract of Cartage Tho Ownas 293 shall be entitledto reaver from the Charterersthe extra «ponses ofsuch 294 dscharge and. if tho dischargo takoc place at any pot atha than tho 295 loading pat, to receive tho Ml freight aa though Ihe cage had boon 296

214

PART II

		"Gencon" Charter (As Revised 1922. 1976 and 1994)
carried lo the dscharging port and if the extra distance exceeds 100 miles.			297	ofdestination				373
to addtional freight which shall be the same percentage of the freight 298				(b) If during discharging the Master for fear of Ihe Vessel being frozen in deems 374
	oortracted tor as the percentage which the extra distance represents to 299			it advisabletoleave, hehasliberty todosowithwhat cargo he has on boardand 375
the distance of the normal and customary route. Ihe Owners having a lien 300				loproceedtothenearestaccessibleportwhereshecansafelydischarge				376
	onthecargoforsuch expensesandfreight		301	(c) On delivery of thecargoal such port, all condlions ofthe Bill of Ladng shall 377
(4)	If at arty stage ol the voyage after the loading of the cargo commences, it 302			apply and Ihe Vessel shall receive Ihe same freight as if she had discharged at					378
	appears that, in the reasonable tudgemenl of the Master andtor the 303			the original pat of destination, except that if the distance of the substituted port					379
	Owners, the Vessel, her cargo, crew or other persons on board Ihe Vessel 304			exceeds 100 nautical miles, the freight on the cargo delivered at the sitetituied 380
	may be. or are likely to be. exposed to War Risks on any part of the route 305			port to beincreasedin proportion				381
	(including any canal or waterway) which is normally and customarily used 306
	in a voyage of the nature contracted for, and there is another longer route		307 19. Law and Arbitration						382
	tothe dscharging port, the Owners shall give notice to Ihe Charterers that		308	* (a) This Charter Party shall be governed by and construed in accordance with					383
	this route will be taken In this event IheOwnersshall beentitled, if Ihe total		309	English law and any dispute arising out of this Charier Party shall be referred lo 384
		extra distance exceeds 100 miles, lo additional freighl which shall be the 310		arbitration in London in accordance with the Arbitration Acts 1950 and 1979 or 385
		same percentage o! the freight contracted for as the percentage which the 311		any statutory mcdfication or reenactment thereof for the time being in force. 386
		extra distance represents to the dstance of Ihe normal and customary	312	Unless the parties agree upon a sole arbitrator, one arbitrator			shall	be 387
		route	313	appointed by each party and the arbitrators so appointed shall appoint a third 388
(5)		TheVessel shall haveliberty -	314	arbitrator, the decision of Ihe three-man tribunal thus constituted or any two of					389
		(a) to comply with all orders, dreclions, recommendations or advice as to 315		them, shall be final. On the receipt by one party of the nomination in writing or 390
		departure, arrival, routes, sailing in convoy, ports of call, stoppages, 316		the other parly's arbitrator, that party shall appoint		their arbitrator within 391
		destinations, discharge of cargo, delivery or in any way whatsoever which	317		fourteen days, failing which the decision of Ihe single arbitrator appointed shall 392
		are given by the Government of Ihe Nation under whose Hag the Vessel	318		befinal				393
		sails, or other Government to whose laws the Owners are subject, or any 319			For dsputes where the total amount clamed by ether party does nd exceed 394
		olher Government which so requires, or arty body or group acting with the	320		Ihe amount staled in Box 25** Ihe arbitration shall be conducted in accordance 395
		power locompelcompliancewith theirordersor dreclions.	321		with Ihe Small Claims Procedure of the London	Maritime	Arbitrators 396
		(b) to comply with Ihe orders, directions a recommendations of any war 322			Association				397
		risks underwriters who havethe authority togive the same under Ihe terms 323		* (b) Tfts Charier Party shall be governed by and construed in accordance with					398
		ofthewar risks msuance,	324		Title9 of Ihe United StatesCode andthe Maritime Law of the United Stales and 399
		(c) tocomplywiththetermsof any resolution of Ihe Security Council of Ihe 325			should any dspute ariseout of this Charier Party, the matter in dspule shall be 400
		United Nations, any directives of the European Ccmmunity. the effective 326			referred to three persons at New York, one to be appointed by each of the 401
		orders of any other Supranational body which has the right to issue and 327			parties hereto, and the third by the two so chosen; Iheir decision or that of any 402
		givethesame, andwith national lawsaimedat enforcing Ihe sametowhich 328			two of them shall be final, and fa purpose of enforcing any award,			this 403
		Ihe Ownersaresubject, andtoobey theorders anddreclions of thosewho 329			agreement may be made a rule of the Court. The proceedings shall			be 404
		arechargedwiththeir enforcement;	330		conducted in accordance with Ihe rules of Ihe Society of Maritime Arbitrators, 405
		(d) to dscharge at any other port any cargo or part thereof which may 331			Inc..				406
		rendertheVessel liabletoconfiscation asacontrabandcarrier;	332		Fa dsputes where the total amount claimed by either party does not exceed 407
		(e) to call at any other port to changethe crew or anypart thereof or other 333			the amount stated in Box 25** Ihe arbitration shall be conducted in accordance 408
		personsan boardtheVessel when there is reason tobelievethat theymay 334			with Ihe Shortened Arbitration Procedure of Ihe Society of Maritime Arbitrators, 409
		besubject lointernment, imprisonmeri orothersanctions.	335		Inc.				41C
		(f) where cargo has not been loaded or has been discharged by the 336		*	(c) Anydspute arising out ofthis Chaita Partyshall be referredto arbitration at 411
		Owners under any previsions of this Clause, to load other cargo for the 337			the place indicated in Box 25. subject to the procedures applicable there			The 412
		Owners! own benefit and carry il lo any other port or ports whatsoever, 338			lawsoftheplaceindcaledin Box25shall governthis Charter Party		__		413
		whether backwards or towards or in a contrary direction to theordnary or 339			(d) If Box 25 in Part 1 is not filled in. sub-clause (a) of this Clause shalfapply				414
(6)		customaryroute	340	*	(a), (b)and(c) arealternatives. IndicatealternativeagreedInBox25.				; 415
		If in compliancewith any of Ihe provisions of sub-clauses (2) to (5) of this 341		'**	Wherenofigureissuppled inBox25inPart 1, thisprovision onlyshallbe voidbut 416
		Clause anything is done or not done, such shall not be deemed to be a 342			Iheotherprovisions ofthis Clauseshallhave fullforceandremainineffect.				417
		deviation, but shall be considered as due fulfilment of the Contract of 343
		Carriage.	344
& General Ice Clause			345
Port ofloading			346
(a) In the event of Ihe loading port being inaccessible by reason of ice when the 347
Vessel is ready to proceedfrom her last port or at any time during the voyage or 348
on the Vessel's arrival or in case frost sets in after Ihe Vessel's arrival, Ihe 349
Master for fear of being frozen in is at liberty to leave without cargo, and Ibis 350
Charier Parlyshall benull andvoid.			351
(b) If during loadng the Master, for fear of the Vessel being frozen in, deems it 352
advisable to leave, he has liberty to do so with what cargo he has on board and 353
lo proceed to any other port or ports with option of completing cargo tor Ihe 354
Owners' benefit tor arty port or ports including port of discharge. Any part 355
cargo thus loaded under this Charter Party to be forwarded to destination at the 366
Vessel's expense but againsl payment of freight, provided that no extra 367
expenses be thereby caused to the Charterers, freighl being paid on quantity 358
delivered (in proportion if lumpsum), all olher conditions as per this Charter 359
Parly.			360
(c) In case of more than one loadng port, and if one or more of the ports are 361
closed by ice, the Master or Ihe Owners lo be at liberty either to load the part 362
cargo at the open port and fill up elsewhere for their own account as under 363
section (b) or to declare Ihe Charier Party mil and.void unless Ihe Charterers 364
agreetoload toil cargoat Iheopenport.			365
Port of dscharge			366
(a)		Should ice prevent the Vessel from reaching port of discharge the 367

Charterers shall have Ihe option of keeping Ihe Vessel waiting until Ihe re368 opening of navigation and paying demurrage or of ordering the Vessel to a safe 369 and immediately accessible port where she can safely dscharge without risk of 370 delention by ice Such orders lo be given wilhin 48 hours after the Maslcr or the 371 Owners have given notice to Ihe Charterers of the impossibility of reaching port 372

This eompulor gonoralad forma pnnlod by tuthonty ofBIMCO Any Insertion 01 deletion lo Itw formmustbo clearly visible Inwontolany modnation oolng mud» to mo prapnnloa tut olin* document wntft e noldoatly vtaioio. me ongnalBIMCO apprwod document«hallapply. GIMCO assume no raeponsiblity lor any loos or domng« caused osa rosuloldlsaopanclosbotweon ino originalOJMCO docunwni and mis

215

Time Charter

GOVERNMENT FORM

Approved by fhe New York Produce Exchange

November 6th, 1913 - Amended October 20th, 1921; August 6th, 1931; October 3rd, 1946

1

This Charter Party, made and concluded in......

..................................................................

day of...

Sg&atfoBC...

20.ÜI

2

BetweenAMf...

3

...Owners of the good .CXPJMSflgg.....................

SteamsWp/Motorship "JMxffff..

................................................ o f....................................

4

..... ....... tons gross register, and JUJiSJS............

tons net register, having engines of......................................................

indicated horse power

5

and with hull, machinery and equipment in a thoroughly efficient state, and classed .JBlWCfyUi.KArititf.........................................................

6

at...........................

of about .......

cubic feet metersgrain capacity and ..1*47.3*469..........

cubic feet meters bale capacity, and about

6

M 3 M .........

metric..................... ...........

tons of -32404bs.

7

deadweight capacity (cargo and bunkers, including fresh water and stores not exceeding .4ARjt№tTKAQI№....

one and one halfpercent of ship‘s deadweight capacity,

8

allowing a minimum of fifty tone) on a draft of,.J.9i69.Mlt(U№......

feet-......

;;;inohes on

........

Summer

freeboard salt water, molusive ofpermanentbunker

9

whteh areofthe capacity of about............. ......................................................

-tons-of fuel, and oapable-of-steaming, felly laden,- under goed weather

10

.-.knots o

n of about...

s-ef-fe

Welsh

cool best grade -fuel -oil best -grade Diesel oil, and a

10

further described in clause 62 thereof

11

12

............

and.jau:..............................................................................

Charterers

of the City of.M tUM QMm halUsUm fo.............

13

Wltnessoth. That the said Owners agree to

let, and the said Charterers

agree to hire the said

vessel, from the

time of delivery, for

NJ

14

about one Time-Charter trip via Safeport(s), Safe berth(s), Safe anchorage(s), always

afloat,

always within

Institute Warranty

Limits, fo r duration

15

about 40/60 days without guarantee, Charterers’ intention BHF (MOPA/O DAP) cargoes, within below

515

16

17

18

19

20

21

22

22

23

mentioned

trading

limits.

sublet

the

vessel

for all or

any part of the time

covered

by

this

Charter, but Charterers remaining responsible for

Charterers

to

have

liberty to

the fulfillment of this Charter Party.

Vessel to be placed at the disposal of the Charterers,* .,p<Kfjng£bm>.any.tim(ljJ((y.Pr.mghhjSMtd№.<Mft.ftQl}(i(US.jw;lufc(ii....

insuohdock

or at suoh wharf or

place -(where she may -safely lie,- alwayo afloat, atoll times of tide, except os otherwise-provided

in olauscNo.-6)ras

the Charterer!]

may direct. If-such dook,

wharf

or

plaoe be- not--available- time to oount

as—provided—for- in -elause No. S. Vessel

on her delivery to be

ready to

receive cargo with

clean-swept holds

and

tight,

staunch, strong and in

every

way

fitted

for the ordinary cargo service, having water

ballast, winches and

power, o r -if

not equipped -with- donkey boiler, -then -ether powef-sufficient to run all the winches

mone and the same

donkey-boiler

with sufficient steam

24time (and with full complement of competent and certificated officers, seamen, and engineers and-firemen for a vessel of her tonnage), to be employed, in carrying

24lawful merchandise,

25including petroleum or its produots, in proper containers, excluding See Clause 37..........................................................................................................

L NJT	26	(vessel -is -not	to bo employedin -the carriageof - bivo^gjagkybut- Charterers are to have the						privilege of shipping a small-number on deck at their-risk,-
	27	all -necessary fittings and other requirements			to be	for-	account o f -Charterers), ■ in -such - lawful trades, between safeport -and/or-porfe in British North
	28	America, ■ andfer-United		-States efAmeiioa,	ond/or—West		Indies,— and/or— Central—America,— and/or—Caribbean- Sea, and/or— Gulf—of				M exioo, and/or
	29	Mextoo,-and/or South'America r..............................................			and/or	Tasmania,...........		ir..— ........ .......................................	f.............. ..........	-—	and/or Europe
	30	and/or ■ Africa,	and/or Asia, and/or--Australia,					and/or New Zealand, but- exoluding—Magdalena -River, River— Sfc— Lawrencebetween
	31	October—3-1"— and May		15* — Hudson—Bay	and all	unsafe ports;also excluding,— when--out			of soason.— White -Sea,— Blaok	Sea—aad— *e—Bakk;
	32	The vessel shall trade in any part o f the world within Institute						Warranties Limits................................................................................................................................................................
	33
	34

10 APPENDICE

35as the Charterers »Mheii-Ageftte shell direct (see Clouse68), on the following conditions: .......................................................................................................

361. That the Owners shall provide and pay for all provisions, ell garbage removal, wages, also all consular fees necessitated because of the Vessel’s nationality

37

38

39

39

40

41

42

43

44

45

46

47

48

49

of flog and discharging fees of the Crew; shall pay for the insurance of the Vessel, also for all the cabin, deck, engine-room and other necessary stores, including

fresh and boiler water and maintain her class and keep the Vessel in a thoroughly efficient state in hull, machinery and equipment for and during the service.
2. That whilst on hire the Charterers shall provide and pay for all				the fuel except as otherwise	agreed.	Port Charges,		Compulsory Pilotages,		Agencies,
Commissions,	(except those pertaining to the Crew),	and	all	other usual expenses except	those before		stated,	but when the	Vessel	puts into
Consular Charges
a port for causes	for which Vessel is responsible, then	all	such	charges incurred shall be	paid by	the	Owners.	Fumigations	ordered	because of

illness of the crew or cargoes carried prior to delivery to be for Owners’ account. Fumigations ordered because of cargoes earned or ports crew visited while Vessel is

employed under this Charter to	be	for Charterers’ account.		vessel has been onCharter		for	a continuous period of out months or-more.
All othar-fumigations	to	be for Charterers’ -■ aoooimt after
Charterers are to provide necessary dunnage and shifting				boards, also any extrafittings			requisite ■ for	n speoial		trade-o r unusual cargo, but
Owners to allow- them-the--изо of any dunnoge and shifting			boards already aboard		vessel.	Charterers to have		the	privilege of using shifting-boards
fee-dunnage, they making-good-any damage thereto.			the	Owners, ottheport	of--re-delivery,- shalltake			over	and	pay -fer-all-fiiel-ramaining on
3. That the Charterers, atthe port of delivery, and

board the veaael at the ourrent prices in thoroapeotive ports, the Vessel to bedelivered with not loss than ..i.im..i.w;..n.i;mn.t.,iiuiuTu.i.i.u.v»mm. tons and not того than

50iwtono and-to be re delivered withnot к

514. That the Charterers shall pay for the use and hire of the said Vessel at the rate ofU&iJJM.(KYm .tf№ MQflri.№ i.an(l/tHndtedL.V.,&S..QlU!x).

52	................. , United States Currencyper day/pro rata, including overtime, per ton on V essel's--tetal deadweight-carrying oapaoity, including - bunkers ■ and
53	stores, on ■ i..numunnmmmn.m.mminm m iim iujim r summer freeboard, per Calendar Month;commencing on and from the day of her delivery, as aforesaid, and at
54	and after the same rate for anyport of a day month; hire to continue until the hour of the day ofher re-delivery, any time day or night Sundays and holidays

54included, in like good order and condition, ordinary

55wear and tear excepted, to the Owners (unless lost) at on dropping last outward Sea Pilot 1 Safe Port in Charterers' option o f India/Japan range port in 55

Charterers' option, any time day or night Sundays and Holidays included,

56

57

58

58

59

60

61

61

62

62

63

64

65

66

67

68

69

70

71

72

.............unless otherwisemutually agreed. GMT to apply both ends. Charterers are to giveOwners not loss then..................... days

notice of-Vessels expected date ofre delivery, and probable port

5.

Payment

of said hire

to

be

made to Owners * bank as per Clause 66

in

New York

in cash

in

United

States Currency,

every IS days

semi monthly

in advance, and for the last half month or

part

of same

the approximate

amount

of

hire,

and

should

same

not

cover

the

actual

time,

hire is

to be paid for the balance day by day, as it becomes

due, if so required by Owners, unless

bank guarantee

or

deposit

is made

by the Charterers,

otherwise

foiling

the punctual and regular payment of the

hire, or bank guarantee, or on

any repudiatory breach

of

this Charter

Party subject to Clause 43, the Owners

shall

be

at

liberty to withdraw

the

Vessel

from the service of the Char­

terers,

without

prejudice

to any

claim they

(the Owners)

may

otherwise

have

on

the

Charterers. First hire and value o f bunkers on delivery to be

paid within 3 banking days after Vessel's delivery. Time

to

count

from 7 a_m.

on

the

working day

following that

on-whioh

written

notice

of roodineag-has

been

given -to—Chorteroro

o r-their Agentebefore

A p.m-.,

but

if requiredby Charterers,-they

o-heve theprivilege-of ид

ssel at«

joh time used to о

a-hire.

Cash

for vessel's

ordinary

disbursements

at

any

port

may

be advanced

as

required by the

Captain,

by

the Charterers or their Agents, subject

to 2 1/2% commission and

such

advances

shall

be

deducted

from the

hire.

The

Charterers,

however,

shall

in

no way be responsible for the application

of such advances.

6. That the cargo

or cargoes be laden and/or

discharged

in any

dock

or

at

any wharfor place that Charterers or their

Agents may

direct, provided

the Vessel

can

safely

lie

always afloat

at

any

time of tide,

except

at such

places where it is customary for similar size Vessels to safely

lie aground.

,

7. That the whole reach

of the Vessel's Hold,

Decks, and usual places of

loading

(not

more

than

she can

reasonably stow and carry), also

accommodations

for

Supercargo,

if

carried,

shall

be

at

the

Charterers' disposal,

reserving only

proper

and

sufficient space for

Ship's

officers, crew,

218

73	tackle, apparel, furniture, provisions, stores nnd fuel, no passengers allowed. Charterers have the-privilege of-passengors as-far as aoconwnodations-allow. Charterers
74	paying Owners ....- ;.-...- per dayperpaasonger for Qooemmodatkma Qndmeal* However,- it is-agrood						that	in cose any fines -or extra expenses are
75	inourred in-the consequence of tire oatringe-efpassengera, Charterers oreto beaf-suoh-risk and expense.						shall	render	all	customary	assistance with ships crew and
76	8. That the Captain	shall prosecute	his voyages with the utmost despatch,			and
77	boats. The Captain (although	appointed by the	Owners), shall - be	under the	orders	and directions of			the	Charterers	as regards employment and
78	agency, and Charterers are to load, stow, and trim and discharge the cargo			at their	expense	under	the	supervision and responsibility of the Captain, who is
78	to sign Bills of Lading for
79	cargo as presented, in conformity with Male's or Tally Clerk's receipt* Charterers and/or their Agents are hereby authorized by Owners to sign on Master’s

behalf the original Bills o f Lading as presented in accordance with sighed M ate’s receipts withoutprejudice to the Charter, provided that such authorization can be specifically assigned by Charterers to their nominated Agent. Charterers, have the option to reissue secondfu ll set o f Original Bill(s) o f Lading strictly in conformity with thefü ll set o f thefirst Original Bill(s) o f Lading, except name o f Shippers/Constgnees and/or destination, which nuty be changed by Charterers. U tefirst set o f Original BlU(s) o f Lading to be destroyed and to be sent to Owners immediately. All risks/expenses and consequences arising therefrom to be fo r Charterers ’ account and responsibility. Discharging port(s) shown on BiU(s) o f Lading do not constitute a declaration o f discharging port(s) and Charterers to have the right to order the Vessel to any port(s) within terms o f this Charter Party. In this case Charterers to give prior notice thereof

well in

advance to Owners. Charterers hereby indemnify Owners against any claim and any additional expenses

brought by holder(s) o f Bill(s) o f Lading by

reason o f a change o f destination.

shall

have reason

to be dissatisfied with the

conduct

of the Captain,

Officers,

or

Engineers,

the Owners

shall on

80

9. That

if

the Charterers

81

receiving particulars of the complaint, investigate the same, and, if necessary, make a change in the appointments. But this provision does not affect Charterers’

81

right to advance any claim or require Arbitration under CL 17 on disputes regarding the conduct o f the Master in prosecution o f the voyage and in

81

carrying out the orders and directions o f the Charterers.

82

10. That

the Charterers

shall

have

permission

to appoint a Supercargo,

who

shall accompany the Vessel and see that voyages are prosecuted

83

with

the utmost

despatch. He

is

to

be furnished with free accommodation, and same fare as provided

for Captain's

table. Charterers paying at the

84

rate of $,XQ,00 per day. Owners to

victual Pilots and Customs Officers, and

also, when authorized

by

Charterers

or

their

Agents, to victual Tally

85

Clerks, Stevedore's Foreman, etc. but

max

3 persons

daily.

Charterers

paying

ot --the

current - rate

per

meal,

for

all suoh

victualling.

Cost for

85

Victualling/Cables/Entertainment to be US$ ..ltXQ.Q.,00per month/pro rata.

86

11. That the Charterers shall

furnish the Captain from time to

time with all

requisite

instructions and sailing

directions, in writing, and the

87

Captain shall keep a full and correct

Log of the voyage or voyages, which are to

be patent

to

the Charterers or their Agents, and furnish the Char-

88

terers,

their Agents

or Supercargo,

when

required, with

a true

copy of

daily Logs, showing the

course

of the Vessel

and distance run and the con-

89sumption of fuel.

9012. That die Captain shall use diligence in caring for the ventilation ofthe cargo by natural ventilation, weatherpermitted.

9113. That the Charterers shall havethe option of continuing thk?Chorter for a further period of ..................................................................

93

on giving '.written notice thereof to the Owners oHheir Agents .-««»...days previous to the expiration of the first named term, or any declared option.

94

14. That if required by Charterers, time not to commence before .2f£..S&R{emkier....

ZQ.Ql...................................

and should

Vessel

95

not have been delivered given written notioe ofreadiness on or before....

.

QX!?..Q.CfühGr../iüQ.l...........................

but not later than -4-12 p.m. Charterers or

96

their Agents to have the option of canceling this Charter ot any time not4eter-thnn the day ofVessel's readiness.

97

15. That

in the event of the loss

of time

from deficiency

Master, Officers or Crew, deficiency ot men ox

stores,

fire,

breakdown

or

damages

to

98

bull,

machineryor equipment, grounding, detention by average

accidents

to ship

or

cargo, drydocking

for

the

purpose

of examination

or

painting

99

bottom,

or

by

any

other cause preventing

the full

working

of

the vessel beyond Charterers control,

the

payment of

hire

shall

cease

for

the

time

100

thereby

lost, and

if upon the voyage the speed be reduced by defect

in

or

breakdown

of any part of her hull,

machinery

or equipment,

the

time

so

101

lost,

and

the cost of

any extra fuel consumed in consequence thereof, and all direct and consequential extraexpenses shall be deducted from the hire.

102

16. That should the Vessel be lost, money paid in advance and not earned

(reckoning from

the

date of loss or being

last

heard of)

shall

be

103

returned to

the

Charterers at once. The act of God, enemies,

fire, restraint of Princes, Rulers and People, and all

dangers

and accidents

of

the

Seas,

104

Rivers, Machinery, Boilers and Steam Navigation, and errors ofNavigation throughout this Charter Party, always mutually excepted.