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

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151

The Vessel shall hove the liberty to sail

with or

without pilots,

to

tow

and

to

be

towed,

to

assist

vessels

in distress, and to deviate for the

purpose of saving life and property.

17. Thatshould any - dispute nriso between

Ownorc

and the Charterers,

the

matter

in dispute -shall bo referred

to ■three-persene-at New York,

one to be--appointed by eaoh--of

the parties

horoto,

and the third by the twoso chocon,

their decision or thot of any two of them, sludl-be-final, aHd-for

the purpose of onforoing any award, this ageeinent may be mode a rule of the Court Tho Arbitrators chnll be oommeroial men-.See Clause 63

18.

That

the

Owners shall

have a lien upon all

cargoes,

and all

sub-freight for

any

amounts due under this Charter, including General Aver­

age contributions, and the Charterers to have a lien

on the Ship for all monies paid in

advance and not earned,

and

any

overpaid hire or excess

deposit to be returned at once. Charterers will not

suffer, nor permit to be continued, any lien or encumbrance

incurred by them or their agents, which

might have priority over the title and interest ofthe Owners of the Vessel.

deducting

Owners’

and

Charterers’ expenses and

19. That all derelicts and salvage shall be

for Owners’ and Charterers’ equal benefit after

Crew’s proportion

General

Average

shall

be

adjusted, stated

and settled according

to Ruloa 1 to

15,-if>oluMve,

17 to 22,

inclusive, and Rule F of

York-Antwerp

Rules

1974 as amended 1990, in London English Law to apply, at

cuoh

portor

place

in

the United States ns maybe selected -by - the

v York.

In

suoh

adjustment disbursements

in—foreign

'

oteo -shoH-—be

exohanged

: the rate prevailing on the datec

made -and

altowoi

for

damage to

cargo

olaimed in

foreign ourrenoy-shall-b

bond

-■ prevailing

on

the

last day of <

the port—or-place of final

targe

of ouoh

oorgo from the shiprAverage agreer

end

ouoh additioi

may—be required by—the t

of

furnished

before

deliver y -of the goods. Sueh^ash deposit a

Kwrity

for

i~

the geod9 and

for

any

salvage and s

il charges i

required,

be

made

by

thegoods,

shippers, .

fo of the goods to the

- before delivery. -Sueh -i

- bepeynblo

of

the

adjuster pending

tho

adjuster

remitted

the

deponit shall

bo

held -in a speeial account at the

place -of-adju;

oottloment

of theGeneral .

if -any,

shall be paid in

of

noeident,

■

the

consequence

of whioh,

i

- of

the

voyage -resulting

for which,-—or--for

■pnymei

r jointly - and severally,

batewith- the--earner

-HI - general average

of

any—sacrifices,

goods.

If

expenses

of

o

general - overage :

: may

be

made

<

incurred,

and shall

pay

salvageand speoial

targes I

a

salving -

owned or operated by the oarrier,

- fuHy -i

the

same

manner as if suoh salving ship or

ships belonged tostrongera.

See also Clause 58. Hire and bunkers not to contribute to GeneralAverage.

20.

Fuel

used

by

the vessel

while off hire, also

for

cooking, condensing

water, or

for grates and stoves to be agreed to as to quantity; and the

cost of replacing same, to be allowed by Owners.

21.

Thatas- ■ the

vessel

may

be ■ from

time

to time employed in tropioal waters during the term of this Charter,-

pkioe

olenned

and

painted

Charterers and

Captain

oink

necessary;-

evety

six months, reckoning i

ieof last painting! and payment of the hire tobe suspended until ehe is again in proper a

Ifor theservi08.

22.

Owners

shall maintain the gear of the

ship as fitted, providing |

alings

and

blocks,

If vessel ■ is

fitted with dorrioks capable—

heavier

lifts.—Owners

i

provide neoessory-gear let

—otherwise equipment and—gear for heavier lifts

shall—be -for Charterers’

aoe<

Owners

also

to

provide

on

the

vessel

lanterns and oil for

night

work,

and vessel

to

give

use

of electric light

when so fitted,

but any

additional

lights

over

those

on

board

to be at Charterers' expense. The

Charterers to have the use of any gear on board the vessel.

23.

Vessel

to work

night

and day, if

required

by

Charterers, and all

winches

to be

at Charterers'

disposal

during

loading and discharging;

steomer -to—provide one winohmnn -per-- hatch to work winohes day and night,

os

requirod.—Charterers—agreeing- to

pay

offioers, engineers, winehmen,

deck hands and donkeymen forovertime work done

in aooordance with the

port,

labor

from

driving—

tVinohmen

to

be—paid by Charterers. In the event

of a disabled winch

or winches, or

insufficient power to operate winches, Owners to pay for shore engine, or engines, in lieu thereof, if required, and pay any loss of time occasioned.

-

2

4

. .....................................‘

'

220

152	the Aot of	Congress	of the United Statos approved - on	the—13*	day	of February,—1893,- ■and entitled ''AnAct-
153	aspect	of all	cargo shipped under this charter to	from	the	United States o f—America. It is further subject to the following clauses, both
154	of which ore to be inoluded in-all bills oClading issued hereunder:
155			U. S. A. Clause Paramount

156-This-bill of lading shall hove effect subjeot to the provisions of the Carriage of Goodo by Sea Act of the United -States, approved April

15716, 1936, which shall bo deemed to be incorporated hereinrand nothing hereincontained shall be deemed a surrender by the carrier of

158any of its righto o

159be-repugnant to said Aot to any extent, such-term shall be-vokl to that extent, but no-fortheir

160

Both-t ■Blame Collision Clause

161

If the ship-e

s intooollision with a

s of the goods oarried

162

Master, mai

»TrpHot or the servants of the Carrier in the navigation o

it of the si

j, the o

163

hereunder will indemnity the Carrier against all loss or liability to the o

n carrying ship or

her

<

» far a

ich loss

164

>r damage to, or ary olaim-whatsa

fr-of-the e

s o f said goods, paid or payable by-the other or non-

165

y irtg ship or-her o

othe-o

5 o f said goodo and set -off, reoouped or recovered

by-the

other-e

t-oortying ship or her

166

s port of their olaim against the carrying ehtp-e

167

25. The

vessel

shall

not be required to enter any- ice-bound - port,

or any

port

where

lights or

light-ships

have

been or are about to be with­

168

drawn by reason

of ice,

or

where

there

is risk

that in

the ordinary

course

o f things

the

vessel

will

not

be

able on account o f ice to safely enter the

169

port or to get out after having completed loading or discharging. Vessel not to break/force ice norfollow an ice breaker.

170

26. Nothing herein stated is to be construed as a demise

o f

the

vessel

to

the Time

Charterers.

The

owners

to remain responsible for the

171

navigation o f the vessel, acts ofpilots and/or tug boats, insurance, crew, and all other matters, same as when trading for their own account.

172

27. A commission o f 244-1.25 per cent is payable by the Vessel and Owners to .URGjShmt.&AxxJPAttKM................................................................................................

173

on hire earned and paid under this Charter, and also upon any continuation or extension o f this Charter.

174

175

28. An address commission

o f

2 lA

per cent

payable

to .£ /(arf£ tf/$ ............

on

the

hire

earned

and

paid

under

this

Charter.

Clauses 29 to ,.7.7,.inclusive together with New Both to Blame Collision Clause, Netv Jason Clause, Baltime War Clause as attached hereto, are deemed to befully incorporated in this charter party.

OWNERS

DIAMANT CO. LTD. FOR AND ON BEHALF OF

INDUSTRIAL CARRIERS INC.

APPENDICE 11

C/P DATED:

M/V “ ,

F I X T U R E N O T E

M V ..................................

FLG COMMON WEALTH OF DOMINICA BLT 76VGEN CGO/ SID /BOX DOUBLE SKIN DWT 4650 MT ON 7,13 DRFT

CLASS PRS/AMERICAN CLUB GRAIN/BALE 165,000 CBFT

GRAIN FITTED GRT/NRT:2657/1290 1 HO/HADIMS OF HATCH:45,15X11 M MACGREGOR ; LOA/B/D82,06/14,30/7,13m - GLESS

ALL ABT

- Owners: "................." Panama

-Managers: "Golden Management Maritime Corp” - St Vincent

-IMO number:..................

-call sign"....................

OWNERS’ WARRANT THAT DURING THE CURRENCY OF THIS C/P:

-VSL HAS MACGREGOR HATCH COVERS

-ALL CERTIFICATES VALID ON BOARD

-VSL IS P+1 COVERED FOR ALL THE DURATION OF THE VOYAGE

-VSL HAS TWO BEAM IN THE MIDDLE OF HOLD FROM PORTSAID TO STARBOARD

-NO BAGGING/STRAPPING NEEDED AS VSL HAS TO LOAD UPTO FULL AND COMPLETE CARGO

-VESSEL IS SUITABLE FOR GRAB/PIPE LOAD/DISCHARGE AND FULLY GRAIN FITTED AND ISM FITTED

FOR:

- ACCT:.................................................

LAST FIVE FIXTURES

MV OLGA - L/D/P NIKOLAEV /IZMIR

2 471.520 MTS W BP-B/LDD 15/11/07

MV EMINE H - L/D/P NIKOLAEV /BANDIRMA 2428.475 MTS WBP - B/L DD 30/11/07

MV HUSEYN JAVID - L/D/P NIKOLAEV /BANDIRMA 2 768.473 MTS WBP - B/L DD 03/02/08

MV PALMALI DISCOVERY- L/D/P NIKOLAEV /EL DEKHEILA, EGYPT 6 643.940 MTS WBP- B/Ls DD 31/03/08, 02/04/08

MV PALMALI VOYAGER - L/D/P KHERSON/N1KOLAEV /EL DEKHEILA 6 569.518 MTS WBP - B/L DD 24/05/08

- CARGO: UPTO FULL AND COMPLETE CARGO BULK WBP, SF ABT 1.65 CBM WOG

221

VSL HAS ABT 165.000 CBFT GRAIN CAPA ALWAYS ACCORDING TO MASTER DESCRETION ON PERMISSIBLE DFT

-L/PORT PORT: KHERSON/UKRAINE

-D/PORT: 1 RANGE MED EGYPT IN CHOPT, TBA

-1/1 SAFE BERTH, IF 2ND BERTH USED SAME TO BE FOR CHARTS ACCOUNT AND

TIME TO COUNT

-L/C : 26 JUNE - 03 JULY 2008

-IF VSL DELAYS CHRTRS TO RESERVE THEIR RIGHT TO CANCEL WITHIN 24 HRS AFTER HAVING OWNS NOTICE FAILING

- LOAD/DISCH 1000/1000 PWWDS OF 24 CHRS SSHEX EIU

-AT L/PORT TIME FROM 17:00 FRIDAY OR DAY PRECEDING A LEGAL OR LOCAL HOLIDAY TILL 08:00 HRS MON OR

THE FWD NTC EIU. AT D/PORT TIME FROM THURSDAY 12.00 HRS OR DAY PRIOR LEGAL OR LOCAL HOLIDAY TILL 08.00 AM ON SATURDAY OR DAY AFTER LEGAL OR LOCAL HOLIDAY NTC EIU

-LAYTIME NON REVERSIBLE

-FRT RATE: 189 000 LSUM 1:1 BSS

-ANY EXTRA TRIMMING FOR ONR’S TIME AND EXPS

-FRT ALWAYS FIO SPOUT/GRAB/TRIMMED

-FREIGHT PAYABLE IN FULL LESS COMM W/I 3 BDAYS AFTER SIGNING AND RELEASING 'FREIGHT PAYABLE AS PER C/P' OR ‘FREIGHT PREPAID’ COB BS/L INTO THE DISPONENT OWNERS NOMINATED BANK IN USD CURR IAC BBB

-IF CHRTRS REQUIRE 'FREIGHT PREPAID' BS/L SAME TO REMAIN AT AGENTS CUSTODY TILL TILL OWNERS CONFIRMATION THAT FREIGHT HAS BEEN CREDITED TO THEIR ACCOUNT

-NO "SAID TO WEIGHT" TO BE INSERTED IN B/LS BUT CHARTS GTEE THAT THE VSL/ OWNERS WILL NOT BE RESPONSIBLE OF ANY SHORTAGE AT DISCH PORT

-AT THE TIME OF COMPLETE CARGO LOADING AND SEALING/ISSUING BS/L FDEDAN VA/OCLONL

-TIME START TO COUNT AFTER VALID NOR TENDERED DURING WORKING DAYS NORMAL OFFICE HRS

-A T L/PORT MON0800/FRI1700 AT D/PORT SAT0800/THUR1700, 08.00/14.00 RULE TO APPLY BENDS

-NOR CONSIDERED TO BE VALID IF GIVEN DURING LAYCAN, LOCAL WORKING DAYS/ OFFICE HOURS, WWWW EVEN BY VHF/RADIO/TLX.

-TIME USED BEFORE COMMENCMENT OF LAYTIME NTC BENDS

-TIME USED FOR PROCEEDING FROM ANCHORAGE/WAITING PLACE TO BERTH NTC AS LAYTIME BENDS

-TIME FOR DEBALLASTING AND DS NTC AS LTIME BENDS

-TIME TO COUNT AT L/PORT UNTIL CORRECTLY ISSUED CGO DOCS ARE ON BOARD EXCEPT FIRST 3 FREE RUNNING HRS NTC

-IF THE VSL AFTER BERTHING IS NOT FOUND READY IN ALL RESPECTS INITIAL N.O.R TO APPLY AND TIME NOT COUNT UNTILL SHE IS READY IN ALL RESPECTS TO LOAD

-MASTER HAS RIGHT TO REJECT DAMAGE CGO IF CHRTS REQUIRE COB BS/L SUB FOR MUTUAL AGREEMENT WITH 1ST CLASS SURVEYING COMPANY FOR CHARTS CHOICE AND ACC

-B/L QTTY TO BE AS PER DRAFT SURVEY (FIRST CLASS CHRTRS SURVEYOR)

-DEMM USD 4000 PDPR FREE DESPATCH BENDS

-DEMM IF ANY, TO BE SETTLED WITHIN 7 BDAYS UPON COMPLETION OF DISCHARGING AFTER OWNRS PRESENT LAYTIME CALCULATION SUCII AS (SOF+NOR+TS) DULY SIGNED/STAMPED BY MASTER AND AGENTS

-ONCE ON DEM, ALWAYS ON DEM

-CHAG BENDS

-L/PORT AGENT - -D/PORT AGENT - TBN

-FUMIGATION, IF ANY, FOR CHARTS ACCNT AND TIME LOST -TAXES/DUES ON CARGO/FRT TO BE FOR CHRTS ACNT

-TAXES/DUES ON VESSEL/FLAG/CREW/OWNERSHIPTO BE FOR OWRS' ACNT -THE VSL HOLDS TO BE DUTY CLEAN, SWEPT, DRY AND FREE OF SMELL

-1 SET OF ORIGINAL BS/L TO BE GIVEN TO VSL'S MASTER FOR DISCHARGING ALLOWENCE. IF BY ANY REASON CHARTS CAN NOT PUT ON BOARD ONE ORIGINAL B/L THAN VSL WILL DISCH AGAINST THE PRESENTATION OF ORIGINAL BS/L AT DISCHPORT. IAC OWNRS/MASTER NEVER TO ALLOW DISCH WITHOUT CHRTS CLEAR WRITTEN INSTRUCTION AND IN THIS CASE TIME WILL COUNT

-ARB/GA IN LONDON , Y/A 74 AS AMMD 90 , LMAA TERMS , ENGLISH LAW TO APPLY

-O/W AS PER SYNA 2000 C/P WITH LOGICAL ALTRS/DLNS/AMNDMS AMENDED

FROM FIXTURE RECAP AND TERMS OF FIXTURE RECAP PREVAIL ON TERMS OF C/P WITH BROKERAGE COMISSION 2,5% TO “M SHIPPING LTD” + 1,25% TO “PENCHART CO SA”, MINUS 1000.00 USD FROM 2,50% OF “M SHIPPING LTD” BROKERAGE COMMISSION TO OWNERS FAVOUR.

CHARTERERS

OWNERS

APPENDICE 12 RECAPITULATION MESSAGE

GOOD MORNING

BOOKED VESSEL BEFORE BUT SHE DELAYS THUS, OPEN ONCE AGAIN AS FOLL:

OFFER FIRM :

>

>- ACCT EGROTECH INVESTMENTS LTD., BVI

>- STEM WILL BE LIFTED W/N 6 HRS AFTER FIX MAIN TERMS

>- L/D l.SB AAAA NOVOROSSIYSK SHIP YARD/LA SPECIA

>- OWNERS TO SATISFY THEMSELVES WITH ALL RESTRICTIONS REGARDING

>LOA/BEAM/DRAFT/FLAG WITHOUT ANY RESPONSIBILITY WHATSOWEVER

>FROM THE CHRS BOTH AT LOADING AND DISCHARGE PORTS

>- 3500 MTS 2 PCT MOLCHOPT CGO OF STEEL BLOOMS (UW 8 MTS ,

>DIMS 0,33 m x 0,48 m x 5,6 m MAX 12 M)

>- LAYCAN SPOT/PPT

>- L/D 1200/1500 MTS PWWD OF 24 CONSEC HRS SSHEX UU (FRI 17.00/MON 08.00

>HRS) BENDS

>- DEM USD 2000 PDPR/FD BENDS

>- DEM IF ANY TO BE SETTLED WITHIN 10 DAYS AFTER OWNERS PRESENTATION

>OF SOF/NOR/TS TOGETHER WITH OWNERS' INVOICE AND LAYTIME CALCULATION

>BY FAX

>- FRT IDEA USD 20,00 PMT FIOS LSD BSS 1/1

>- 100 PCT FRT PAYABLE WITHIN 3 BANKING DAYS AFTER S/R CLEAN ON BOARD

BS/L MARKED 'FRT PAYABLE AS PER CP' BUT IN ANY CASE BBB.

>IF TRT PREPAID’ BS/L ARE REQUIRED BY CHRS THEN BS/L SHOULD BE KEPT IN

>OWNERS' AGENT S CUSTODY TILL RECEIPT BY THE OWNERS CHRS SWIFT COPY BY FAX OR E-MAIL THAT FRT REMITTED TO THE OWNERS BANK ACCT. FRT DEUSRBSLNRVAOCLONL

>- MASTER/OWNERS ARE NOT TO REJECT CARGO, I.E. ALL CARGO AVAILABLE TO BE

>LOADED

>- NOR TO BE TENDERED WWWW BENDS WITHIN ONLY OFFICE HRS 08.00/17.00

>MON TO FRI BY RADIO/CABLE/VHF/TLX AND LAYTIME AT LOADING AND DISCHARGE PORTS TO COMMENCE AT 14.00 HRS IF NOR IS GIVEN BEFORE NOON AND AT 08.00 HRS NEXT WORKING DAY IF NOR IS GIVEN AFTER NOON

>- CHRS AGENTS BENDS :

>- SUB PROFORMA D/A ACC

>- VSSL FREE OF ALL EXTRAINS ALL REQUERED CLASS PANDI CERTIFICATE TO BE

>PROVIDED UPON REQUEST

>- TAXES/DUES ON CARGO/FREIGHT TO BE FOR CHRS' ACCT

>- TAXES/DUES ON VSL/FLAG/CREW TO BE FOR OWNERS' ACCT

>- GA/ARB IF ANY IN LONDON, ENGLISH LAW TO APPLY, Y-A RULES '74 AS AMENDED

>'94, LMAA TERMS TO APPLY

>- OWISE GCN "94 CHRS PROFORMA WITH 3,75 PCT TTLIADCOM

>

> BRGDS

224

R E C A P I T U L A T I O N M E S S A G E

CREST OCEAN MARININ CO. L.L.C. (SH A RJA H ) UN ITED ARAB EMIRATES OCEAN CREST IN TERNA TIONA L(PAK ISTAN )

TEL: [phone] / FAX: [phone]

E M I o c i’csl(«)cim.ac / ocrcst@ em iratcs.nct.ae / chartering@ oci.com .pk (CHTNG) EME: snp($oci.com .pk (S& P) / tankcr@ oci.com .pk (TANKER)

EME: oeintl($(>ci.com.pk (OPS)

MSN: ocresl(</)ho lm ail.com (ONEY FOR M SN CHAT)

TO CHARTERING DESK

PES PPSOE SUITABLE TONNAGE :

CI1TRS : R0K1YAH TRADING INT'L

VESSEL PERFORMANCE: PLS ADV FULL DESCRIPTION OF VESSEL

01. CGO / QTTY :30,000MT OF STEEL PIPE 10% MOLCHOP ( MEAS : L. 15 M x DIAM 0.60 M @ 6,6 TON / PCS )

02.I GSP/BAAAA FUZHOU PORT, CHINA

03.1GSP/A AAAA SIBOLGA PORT - INDONESIA

04.LAYCAN: 1ST - 5TH OCTOBER 2006

05.LOAD/D1SCH RATE : 7000MT/4.000MT PER DAY SHINC

06.FREIGHT: USD 19 PMT BASIS 1/1 FIOST

07.PAYMENT : 100% FREIGHT LESS COMM 2.50% IS PAYABLE WITHIN 5 BANKING

AFTER COMPLE TION LOADING BY TELEGRAPHIC TRANSFER TO OWS NOMINATING BANK ACCOUNT AND SIGNING OR RELEASING ORI B(S)/L BUT ALWAYS BEFORE BREAKING BULK

FULL FREIGHT TO CONSIDERING AS EARNED DISCOUNTLESS NON RETURNABLE WHETHER VSL AND OR CARGO LOST OR NOT LOSE. OWNERS WILL GIVE FIRST NOTICE OF ETA LOADPORT WHEN VESSEL SAILING FROM LAST PORT AND THEREAFTER

EVERY DAY OWNERS WILL KEEP CHARTERERS FULLY INFORMED OF VESSELS POSITION/ETA AT ALL TIMES.

08DEM: USD8,500.- PD OR PRI HD.

DETENTION USD 5,000 PDPR IF ANY, AT DISPORT DEMURRAGE & DETENTION TO

BE SETTLED

W/l 15 WORK1NGDAYS AFTER COMPLETION OF DISCHARGE AND SUBMITTING RELEVANT STATEMENT OF FACTS AND THE SHEETS. IT IS ACCEPTABLE TO CHARTERERS THAT FINAL DEMURRAGE ACCOUNT CAN BE FORWARDED BY OWNERS BY FAX

09.DUNNAGE SEPARATION, LASHINQ UNLASHING & SECURING MATERIALS TOBE ARRANGE AND FULLY FOR CHARTS A/C

10.LAYTIME ‘’NON REVERSIBLE’’LAYTIME FOR LOADING AND DISCHARGING SHALL COMMENCED AT 1300 HRS

IF NOR TENDERED BFORE NOON AND 00.00HRS NEXT WORKING DAY IF NOR TENDERED AFTERNOON.

11.OWNER’S GUARANTEE THAT SHIP’S GEAR IN GOOD CONDITION WORKABLE FOR ARRANGE LOADING/DISCH

WORK AND IF NOT WORKABLE AND SHORE CRANE HIRE AT LOADING PORT AND

DISCH PORT TOBE FOR OWNERS ACCT.

12. LIGHTERAGE / LIGHTENING IF ANY, TOBE FOR CHARTERER ACCOUNT AT BOTH OF PORTS.

2 2 5

13.HATCH TOBE SWEPT CLEANED AND FREE OF OTHER CARGO AND DUST PRIOR LOADING

14.AGENT OWNERS BOTH ENDS

15.BILL OF LADINGS: CONGEN B/L TO BE USED, CARGO QTY ON B/L TO BE DETERMINATED BY SHIPPERS DRAFT SURVEY JOINTLY WITH MASTER AT L/PORT, OWS ARE NOT RESPONSIBLE FOR OUT TURN CARGO QTY AND QUALITY

16.OVERAGE PREMIUM FOR OWNERS ACCOUNT

17.CHARTERER’S RESPONSIBILITY FOR THE PERFORMANCE OF THIS FIXTURE AND TO PROVIDE THE FULL QUANTITY OF THE CARGO AS PER FIXTURE NOTE AND IN

THE EVENT THE CARGO SHORT SHIPPED OT NOT LOADED CHTR

TO PAY DEAD FREIGHT FOR TOTAL MINIMUM QUANTITY OF CARGO SHORT SHIPPED OR FOR CARGO NOT LOADED.

18.OWNERS/MASTER WILL GIVE NOTICE 5/3/2/1 - 6 HOURS BEND.

19.OWNERS TO HOLD SHIPPER/STEVEDORE RESPONSIBLE FOR STEVEDORE DAMAGE TO SHIP CHARTERERS TO BE

LIABLE ON CLAIMS IF ANY FOR THE STEVEDORE DAMAGES AT BOTH ENDS

20.ANY TAXES AND/OR DUES ON CARGO AND/OR FREIGHT TO BE FOR CHARTERERS

ACCOUNT SAME ON IF ANY

TAXES AND/OR DUES ON VESSEL TO BE FOR OWNERS ACCOUNT”

21. CARGO TO BE DELIVERED TO RECEIVE AGAINST ORIGINAL B/L (S) OR RECEIVER'S LOI WITH BANK ENDORSEMENT

IN OWNER'S P&I (PROTECTION AND INDEMNITY) WORDING, LOI TO BE SIGNED BY BOTH CHRTRS AND RECEIVERS

22.OWNERS CONFIRM THAT VESSEL HAS BEEN COVERED UNDER P& I CLUB AND VALID SHIPPING CERTIFICATES

23.ANY DISPUTES ARISING UNDER THIS C.P. ARE TO BE REFERRED TO ARBITRATION IN SINGAPORE ACCORDING TO ENGLISH LAW

24.ALL OTHER TERMS AND CONDITIONS AS PER OWNERS EXECUTED C/P OR GENCON 1994

25.THIS FIXTURE IS SIGNED AND BINDING ON BOTH PARTIES, ANY CANCELLATION OF SHIPMENT THEREAFTER CHARTERER

IS LIABLE TO PAY DEADFREIGHT TO SHIPOWNER

26.ANY ALTERATION OF THIS FIXTURE NOTE WITHOUT SHIPOWNERS

ENDORSEMENT WILL BE INVALID

27. THIS FIXTURE NOTE COMES INTO EFFECT UPON DULY SIGNED BY THE APPOINTED REPRESENTATIVE OF BOTH PARTIES,

IT CAN BE ACCEPTABEL BY FAX WITH SIGNATURE AND STAMP.

28.SUB OWS MANAGEMENT APPROVAL OF CHRTRS/SHIPPERS TO BE LIFTED LATEST 24HRS AFTER CHRTRS LIFTING THEIR SUBS

29.TOTAL COMM 2.50%

END

PLS TO HEAR

BEST REGARDS

CREST OCEAN MARINE CO. LLC

AS AGENTS / BROKERS ONLY

226

			APPENDICE 13
	^ M	ML «		si
	S h a g a n g	Shi ppi ng	Co . ,	Ltd.
6/F, Hecny Tower, 9 Chatham Road South, Tsim Sha Tsui, Kowloon, Hong Kong
	Tel: [phone]	Fax: [phone]
T o : T h e o w n e r s o f th e M V M I N E R A L N I N G B O			D a t e : 1 l - A P R I L - 2 0 1 3
B o c im a r I n te r n a t io n a l n .v .
D e G e r la c h e k a a i 2 0
B E 2 0 0 0 A n t w e r p e n
D e a r S ir s
Ship :	M V M IN E R A L N IN G B O
Voyage :	F r o m P O R T H E D L A N ,W E S T A U S T R A L IA to M A IN P O R T S (S ), C H I N A
Cargo :	S P E C IA L F IN E S 5 0 ,0 0 0 W M T (S A ID T O W E IG H T )
	S P E C IA L F IN E S 40,O O O W M T(SA ID T O W E I G H T )
	S P E C IA L F IN E S 3 0 ,0 0 0 W M T (S A ID T O W E I G H T )
	S P E C IA L F IN E S 2 0 ,0 0 0 W M T (S A ID T O W E I G H T )
	S P E C IA L F IN E S 2 0 ,0 0 0 W M T (S A ID T O W E I G H T )
	S P E C IA L F IN E S 1 4 ,9 5 6 W M T (S A ID T O W E I G H T )
B ill o f lading:	B /L N o .l IS S U E D A T S H A N G H A I, C H I N A O N			2 7 M A R C H ,2 0 1 3
	B /L N o .2 IS S U E D A T S H A N G H A I, C H IN A O N 2 7 M A R C H ,2 0 1 3
	B /L N o .3 I S S U E D A T S H A N G H A I, C H I N A O N 2 7 M A R C H ,2 0 1 3
	B /L N o .4 I S S U E D A T S H A N G H A I, C H I N A O N 2 7 M A R C H ,2 0 1 3
	B /L N o .5 I S S U E D A T S H A N G H A I, C H I N A O N 2 7 M A R C H ,2 0 1 3
	B /L N o .6 I S S U E D A T S H A N G H A I , C H I N A O N 2 7 M A R C H ,2 0 1 3

T h e a b o v e ca r g o w a s	sh ip p ed o n th e a b o v e v e s s e l b y F O R T E S C U E M E T A L S
G R O U P L T D L E V E L 2 , 8 7 A D E L A I D E T E R R A N C E , E A S T P E R T H , W E S T E R N

A U S T R A L I A

a n d c o n s ig n e d

to T O

O R D E R

fo r

d e liv ery

at th e p ort o f M A I N

P O R T ( S ) ,

C H I N A

but th e

b ill

o f

lad in g h as

n o t arrived

a n d

w e , S H A G A N G

S H I P P I N G

C O ., L T D . h ere b y req u est y o u to d e liv e r th e sa id c a r g o to

O T I C M E T A L

C O ., L T D .

o r to su c h p arty a s

y o u

b e lie v e

to b e o r to

rep resen t

C I T I C M E T A L

C O .,

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M E T A L

C O .,

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C H I N A w ith o u t p r o d u c tio n o f th e o rig in a l b ill o f la d in g .

In c o n sid e r a tio n

o f y o u r c o m p ly in g w ith

o u r a b o v e

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h e r e b y a g r e e a s f o llo w s >

1. T o in d e m n ify y o u , y o u r ser v a n ts an d a g e n ts a n d to

h o ld

a ll o f y o u

h a r m le ss in

r e sp e c t

o f a n y lia b ility , lo s s , d a m a g e o r

e x p e n s e

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su sta in

b y r e a so n o f d e liv e r in g th e c a r g o

in a c c o r d a n c e

w ith o u r r e q u e st.

227

2.	In the event o f any proceedings being commenced against you or any of your servants
	or agents in connection with the delivery o f the cargo as aforesaid, to provide you or
	them on demand with sufficient funds to defend the same.
3.	If in connection with the delivery o f the cargo as aforesaid, the ship, or any other ship
	or property in the same or associated ownership, management or control, should be
	arrested or detained or should the arrest or detention thereof be threatened, or should

there be any interference in the use or trading o f the vessel (whether by virtue o f a caveat being entered on the ship’s registry or otherwise howsoever), to provide on demand such bail or other security as may be required to prevent such arrest or detention or to secure the release o f such ship or property or to remove such interference and to indemnify you in respect o f any liability, loss, damage or expense caused by such arrest or detention or threatened arrest or detention or such interference, whether or not such arrest or detention or threatened arrest or detention or such interference may be justified.

4.If the place at which we have asked you to make delivery is a bulk liquid or gas terminal or facility, or another ship, lighter or barge, then delivery to such terminal, facility, ship, lighter or barge shall be deemed to be delivery to the party to whom we have requested you to make such delivery.

5.As soon as all original bills of lading for the above cargo shall have come into our

possession, to deliver the same to you, or otherwise to cause all original bills o f lading to be delivered to you, whereupon our liability hereunder shall cease.

6.The liability of each and every person under this indemnity shall be joint and several and shall not be conditional upon your proceeding first against any person, whether or not such person is party to or liable under this indemnity.

7.This indemnity shall be governed by and construed in accordance with English law and each and every person liable under this indemnity shall at your request submit to the jurisdiction o f the High Court o f Justice of England.

Yours faithfully

For and on behalf of

Shagang Shipping Co., Ltd.

The Requestor

F a r a n d on be)

SHAGANG

*m m m

Signature

228