Common use of Crew Management Clause in Contracts

Crew Management. 1. The Captain appointed by Party B must obey Party A’s commands, strictly implement Party A’s or the lessee’s instructions, and be responsible to Party A. Party B’s crew members must comply with management and shall not refuse work or work negligently under any pretext or reason. If there is sufficient evidence that Party B’s crew members are unsuitable or do not meet Party A’s requirements, or requests leave without justification, Party A shall provide relevant materials to Party B for unconditional replacement. Costs incurred for crew changes, such as travel expenses for embarkation and disembarkation, shall be borne by Party B. 2. Party B’s crew members must comply with the laws, regulations, and public morals of the port state or region and respect local customs. They must strictly adhere to Party A’s rules and regulations, comply rigorously with SMS requirements, perform all ship-related duties diligently to ensure the normal effective operation of SMS on the vessel. Party B’s crew members are prohibited from organizing or participating in riots or strikes, gambling, purchasing or carrying weapons, theft, smuggling, drug trafficking, illegal immigration, extradition, and other illegal activities. In the event of any of the aforementioned actions, Party B shall bear only the repatriation expenses of the crew members. 3. Both parties shall strengthen communication after the crew is dispatched. Party A When the vessel returns to domestic ports, representatives from both sides shall board the vessel to understand the situation and handle related issues. Any expenses incurred shall be borne respectively by both parties. 4. During the employment period, the crew members from Party B are considered employees of Party A. They shall not participate in ITF disputes or disclose Party A’s business confidential information without authorization. 5. Crew members from Party B shall attach great importance to PSC inspections, conduct self-inspections as required by Party A, facilitate inspections, and address any identified deficiencies promptly. 6. Onboard maritime books, spare parts, machinery, equipment, materials, fuel, and living facilities shall not be intentionally damaged, wasted, taken away, or sold by the crew members from Party B. In case of violation, Party A reserves the right to hold Party B’s crew members financially liable. 7. During navigation or when berthing in ports, the vessel must strictly adhere to duty schedules, maintain the normal operation of mechanical and electrical equipment, ensure smooth communication and safety of vessel contacts as per Party A’s SMS requirements. Crew members shall perform routine maintenance to keep vessel equipment in good condition. 8. If a crew member from Party B intentionally conceals chronic illnesses (such as heart disease, hypertension, diabetes, etc.) before boarding, which were not detected during medical examinations, leading to their inability to perform duties or recurrence of old illnesses resulting in early repatriation or other consequences, Party B shall bear the expenses incurred. 9. When crew members carry luggage by airplane, train, or ship, they shall comply with the respective weight limits set by airlines, railways, or ships. Any excess baggage fees shall be borne by the crew members themselves.