Description and Condition of Vessel. At the date of delivery of the Vessel under this charter and throughout the charter period: (a) she shall be classed by a classification society (“Classification Society”), which is a member of the International Association of Classification Societies; (b) if she is fifteen years old or over she shall obtain and maintain a LNG Condition Assessment Programme (“CAP”) of not less than two (2); (c) she shall be in every way fit to load, carry, discharge and measure Liquefied Natural Gas (“LNG”); (d) she shall be tight, staunch, strong, in good order and condition, and in every way fit for the service, with her machinery, boilers, hull and other equipment (including but not limited to hull stress calculator, radar, computers and computer systems) in a good and efficient state; (e) her tanks, valves and pipelines shall be liquid and gas tight; she shall have a working inert gas system and nitrogen generator with officers and crew experienced in the operation of both; (f) she shall be in every way fitted for burning fuels, in accordance with the grades specified in Clause 6 hereof: (i) at sea, fuel oil in any proportion with LNG Boil-Off or 100% LNG Boil-Off for main propulsion (allowing the use of diesel oil for pilot). When transiting and manoeuvring in restricted waters only dual fuel mode is permitted; Owners and Charterers will discuss in good faith future operational process changes to allow 100% boil-off during transiting and manoeuvring (provided it can be demonstrated to be safe and reliable for the proposed operating modes); and heavy fuel oil, marine diesel oil and marine gas oil for auxiliaries; (ii) in port, fuel oil in boilers; and fuel oil in any proportion with LNG Boil-Off or 100% LNG Boil-Off (however always using a minimal amount of diesel oil for pilot purposes) for power generation; (iii) in all cases able to comply with all national and international emissions compliance regulations applicable to Charterers’ required trading routes in force at the keel laying date for a minimum of six (6) days at NCR without burning LNG; although Charterers shall allow Owners to take advantage of all relevant national and international waivers that exist related to the year of construction for future changes in regulations. (iv) in all eases able to maintain continuous safe operation of the vessel and all auxiliary equipment during switchover between different types of fuel in any consumer. (g) she shall have all her instrumentation calibrated and certified in accordance with the requirements of the Vessel’s Classification Society; (h) she shall have her cargo measuring equipment calibrated by a recognised calibration company as referenced in Clause 57 hereof and certified in accordance with the requirements of the Vessel’s Classification Society; (i) she shall have her inter-barrier and insulation spaces prepared and performing as per international regulations, and her containment system design conditions (j) she shall comply with the regulations in force so as to enable her, if her size permits, to pass through the Suez Canal by day and night without delay; (k) she shall have on board all certificates, documents and equipment required from time to time by any applicable law to enable her to perform the charter service without delay. For the avoidance of doubt this will include, but will not be limited to, the Vessel’s Certificate of Financial Responsibility; (l) she shall comply with the description in the LNG Gas Form C appended to the Confirmation Memorandum, provided however that if there is any conflict between the provisions of this Form C and any other provision, including this Clause 1, of this charter such other provisions shall govern; (m) her ownership structure, flag, registry, Classification Society and management company shall not be changed without prior approval of Charterers, which shall not be unreasonably withheld. (n) Owners shall complete the daily VRS Lite ShipNet template (Charterers’ Voyage Management System) on board the Vessel. (o) Owners shall arrange at their expense for a Ship Inspection Report (SIRE) inspection to be carried out at intervals of six (6) months plus or minus thirty (30) days. Upon delivery, Owners shall be responsible for obtaining a non-operational SIRE inspection prior to or at the first loading under this charter. If a non-operational SIRE inspection is completed prior to the first loading then Owners are responsible for ensuring that a full operational SIRE inspection is carried out within three (3) months of the vessel delivery date or at first vessel discharge port, whichever is later. (p) Owners shall operate: (i) a Safety Management System (“SMS”) that shall comply as a minimum with the following regulations and/or industry standards, plus any additions, modifications or subsequent versions thereof: International Safety Management Code (“ISM Code”) for the Safe Operation of Ships and for Pollution Prevention, International Ship and Port Security Code (“ISPS”), International Convention for the Prevention of Pollution From Ships, 1973 as modified by the Protocol of 1978 (“MARPOL”), International Convention for Safety of Life at Sea, 1974 (“SOLAS”), International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1995 (“STCW”), best practice recommendations from the Tanker Management Self Assessment (“TMSA”), the International Safety Guide for Oil Tankers and Terminals (“ISGOTT”), Society of International Gas Tanker and Terminal Operators (“SIGTTO”) and the Code Of Safe Working Practices (“COSWOP”); (ii) a documented safe working procedures system within the SMS to address the Health Safety Security and Environment (“HSSE”) risks specific to the scope of work set out in this charter party and the management of controls to eliminate, reduce or mitigate these risks as low as reasonably practicable. Owners’ operations shall be certified, as a minimum to ISO:9001:2008; (iii) a documented environmental management system to protect environmental resources by applying best available techniques in to minimise or, where possible, eliminate any direct or indirect impact from operations; Owners shall meet the requirements of ISO 14001;2004 or demonstrate that plans are in place to obtain this certification within the next twelve (12) months from the charter start date, (iv) Owners and Charterers shall undertake to create and operate a Ship Energy Efficiency Management Plan (SEEMP) that is in line with the operating protocol for all Charterers owned fleet which is managed by Ceres LNG Services Ltd., of Bermuda, in accordance with IMO MEPC.1/Circ.683, to establish a mechanism for the company and / or the vessel to continuously improve the efficiency of ship operations. A key component of the SEEMP, the Energy Efficiency Operational Indicator (EEOI), shall be calculated in accordance with IMO MEPC.1/Circ.684. This plan and EEOI performance index shall be shared with the Charterers to facilitate a dialogue to collaborate on continuously improving the efficiency of ship operations and reduction of harmful emissions throughout the charter period; (v) a documented accident/incident reporting system compliant with flag state requirements. (q) Owners shall ensure that all crew are provided an orientation training programme for the Vessel with training relevant under the SMS. Owners shall ensure that all subcontractors visiting the Vessel shall receive a briefing or information on the parts of the SMS relevant to their visit and comply with the Owners’ HSSE policies and procedures during the visit. (r) Owners and Charterers shall discuss in good faith how the Vessel’s ballast water treatment system is fitted and operated in accordance with the International Convention for the Control and Management of Ships’ Ballast Water and Sediments and any additional national or local requirements that may be more stringent than the IMO requirements. The operation of this system shall not be the limiting factor for vessel loading or discharging times or any other vessel operation. Owners shall be allowed to take advantage of any IMO waivers that may be applicable in the fitting of such system. (s) At Charterers sole election and cost, the Vessel shall have a continuous emissions monitoring system on all exhaust gas emissions from non-emergency equipment to measure NOx, SOx and CO2 emissions, which shall be operated and maintained to the IMO NOx Technical Code, EU and the USA EPA guidelines for exhaust stack emissions monitoring, and shall have a tamper-proof design as per MARPOL requirements. (t) Owners shall take all necessary precautions and measures specific for piracy deterrence in piracy prone areas of the world. This shall include using reference material and industry guidelines such as OCIMF Best management Practices (BMP).
Appears in 3 contracts
Samples: Master Time Charter Party (GasLog Partners LP), Master Time Charter Party (GasLog Ltd.), Master Time Charter Party (GasLog Ltd.)
Description and Condition of Vessel. At the date of delivery of the Vessel under this charter and throughout the charter period:
(a) she shall be classed by a classification society (“Classification Society”)society, which is a member of the International Association of Classification Societies;
(b) if she is fifteen years old or over she shall obtain and maintain a LNG Condition Assessment Programme (“"CAP”") of not less than two (2)) for hull and machinery from a classification society other than the one that classes the ship;
(c) she shall be in every way fit to load, carry, discharge and measure Liquefied Natural Gas (“"LNG”");
(d) she shall be tight, staunch, strong, in good order and condition, and in every way fit for the service, with her machinery, boilers, hull and other equipment (including but not limited to hull stress calculator, radar, computers and computer systems) in a good and efficient state;
(e) her tanks, valves and pipelines shall be liquid and gas tight; she shall have a working inert gas system and nitrogen generator with officers and crew experienced in the operation of both;
(f) she shall be in every way fitted for burning fuels, in accordance with the grades specified in Clause 6 hereof:
(i) at sea, heavy fuel oil in any proportion with LNG Boil-Off gas or 100% LNG Boilboil-Off off gas for main propulsion (allowing the use of diesel oil propulsion, except for pilot). When transiting and manoeuvring maneuvering in restricted waters only dual when duel fuel mode only is permitted; Owners and Charterers will discuss in good faith future operational process changes to allow 100% boil-off during transiting and manoeuvring (provided it can be demonstrated to be safe and reliable for the proposed operating modes); permitted and heavy fuel oil, marine diesel oil and marine gas oil for auxiliaries;
(ii) in port, fuel oil in boilers; and heavy fuel oil in any proportion with LNG Boil-Off gas or 100% LNG Boil-Off boil off gas (however always using a minimal amount of whilst alongside, excluding maneuvering) in her boilers and marine diesel oil for pilot purposes) for power generationauxiliaries;
(iii) in all cases able to maintain continuous safe operation of the Vessel and all the auxiliary equipment during switchover between different types of fuel in the consumer;
(iv) in all cases able to comply with all national and international emissions compliance regulations applicable to Charterers’ Charterer's required trading routes in force for the Vessel to steam at the keel laying date Service Speed, as is defined in Clause 26, for a minimum total of six (6) days at NCR without burning LNG; although Charterers shall allow Owners to take advantage of all relevant national and international waivers that exist related to the year of construction for future changes in regulations.
(iv) in all eases able to maintain continuous safe operation of the vessel and all auxiliary equipment during switchover between different types of fuel in any consumerdays.
(g) she shall have all her instrumentation calibrated and certified ce1iified in accordance with the requirements of the Vessel’s Classification Society's classification society;
(h) she shall have her cargo measuring equipment calibrated by a recognised calibration company as referenced in Clause 57 hereof and certified in accordance with the requirements of the Vessel’s Classification Society56 hereof;
(i) she shall have her inter-barrier and insulation spaces prepared and performing as per international regulations, and the most current cargo containment system licensor's requirements and/or her cargo containment system design conditionsconditions where no changes have been made to the regulations or licensors requirements since delivery;
(j) she shall comply with the regulations in force so as to enable her, if her size permits, to pass through the Suez Canal by day and night without delay;
(k) she shall have on board all certificatesce1iificates, documents and equipment required from time to time by any applicable law to enable her to perform the charter service without delay. For the avoidance of doubt this will include, but will not be limited to, the Vessel’s 's Certificate of Financial Responsibility;
(l1) she shall comply with the description in the LNG Gas Form C appended to the Confirmation Memorandumhereto as Appendix D, provided however that if there is any conflict between the provisions of this Gas Form C and any other provision, including this Clause 1, of this charter such other provisions shall govern;
(m) her ownership structure, flag, registry, Classification Society classification society and management company shall not be changed without Charterers' prior approval of Charterersconsent, which shall such consent not to be unreasonably withheld., save as permitted pursuant to the terms of the letter of quiet enjoyment executed pursuant to Clause 64;
(n) Owners shall complete the daily VRS Lite ShipNet Ship Net template (Charterers’ ' Voyage Management System) on board the Vessel.
(o) Owners shall arrange at their expense for a Ship Inspection Report (SIRE) inspection to be carried out at intervals of six (6) months plus or minus thirty (30) days. Upon delivery, Owners shall be responsible for obtaining a non-operational SIRE inspection prior to or at the first loading under this charter. If a non-operational SIRE inspection is completed prior to the first loading then Owners are responsible for ensuring that a full operational SIRE inspection is carried out within three (3) months of the vessel delivery date or at first vessel discharge port, whichever is later.
(p) Owners shall operate:
(i) a Safety Management System (“SMS”"MS") that shall comply as a minimum with and be registered to IS0:9001 :2008 and with the following regulations and/or industry standards, plus any additions, modifications or subsequent versions thereof: International Safety Management Code (“"ISM Code”") for the Safe Operation of Ships and for Pollution Prevention, International Ship and Port Security Code (“"ISPS”"), International Convention for the Prevention of Pollution From Ships, 1973 as modified by the Protocol of 1978 from Ships (“"MARPOL”"), International Convention for Safety of Life at Sea, 1974 (“"SOLAS”"), International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1995 (“"STCW”"), . Owners shall follow best practice recommendations from the Tanker Management Self Self-Assessment (“"TMSA”"), the International Safety Guide for Oil Tankers and Terminals (“"ISGOTT”"), Society of International Gas Tanker and Terminal Operators (“"SIGTTO”") and the Code Of of Safe Working Practices (“"COSWOP”)") or international equivalent;
(ii) a documented safe working procedures system within the SMS MS to address the Health Safety Security and Environment (“"HSSE”") risks specific to the scope of work set out in this charter party and the management of controls to eliminate, reduce or mitigate these risks as low as reasonably practicable. Owners’ operations shall be certified, as a minimum to ISO:9001:2008;
(iii) a documented environmental management system compliant with and registered to the ISO 14001:2004 standard to protect environmental resources by applying best available techniques in to minimise or, where possible, eliminate any direct or indirect impact from operations; Owners shall meet the requirements of ISO 14001;2004 or demonstrate that plans are in place to obtain this certification within the next twelve (12) months from the charter start date,;
(iv) Owners and Charterers shall undertake to create and operate a Ship Energy Efficiency Management Plan (SEEMP) that is in line with the operating protocol for all Charterers owned fleet which is managed by Ceres LNG Services Ltd., of Bermuda, in accordance with IMO MEPC.1/Circ.683, to establish a mechanism for the company and / or the vessel to continuously improve the efficiency of ship operations. A key component of the SEEMP, the Energy Efficiency Operational Indicator (EEOI), shall be calculated in accordance with IMO MEPC.1/Circ.684. This plan and EEOI performance index shall be shared with the Charterers to facilitate a dialogue to collaborate on continuously improving the efficiency of ship operations and reduction of harmful emissions throughout the charter period;
(v) a documented accident/incident reporting system compliant with flag state requirements.
(qp) Owners shall ensure that all crew are provided an orientation training programme arrange, at their expense, for a Ship Inspection Report (SIRE) inspection to be carried out at intervals of six months plus or minus thirty days, save where the Vessel with training relevant under is laid up, in which case the SMS. Owners shall ensure that all subcontractors visiting the Vessel shall receive a briefing or information on the parts calculation of the SMS relevant to their visit and comply with the Owners’ HSSE policies and procedures during the visit.
(r) Owners and Charterers shall discuss in good faith how the Vessel’s ballast water treatment system is fitted and operated in accordance with the International Convention for the Control and Management of Ships’ Ballast Water and Sediments and any additional national or local requirements that may be more stringent than the IMO requirements. The operation of this system such six month interval shall not be the limiting factor for vessel loading or discharging times or include any other vessel operationperiod of lay-up. Owners shall be allowed Charterers agree to take advantage of any IMO waivers that may be applicable assist owners in the fitting of such system.
(s) At Charterers sole election and costarranging SIRE inspections when requested by owners. Upon delivery under this charter, the Vessel shall have a continuous emissions monitoring system on all exhaust gas emissions from non-emergency equipment to measure NOx, SOx and CO2 emissions, which shall be operated and maintained to the IMO NOx Technical Code, EU and the USA EPA guidelines for exhaust stack emissions monitoring, and shall have a tamper-proof design as per MARPOL requirementsvalid operational SIRE report.
(t) Owners shall take all necessary precautions and measures specific for piracy deterrence in piracy prone areas of the world. This shall include using reference material and industry guidelines such as OCIMF Best management Practices (BMP).
Appears in 2 contracts
Samples: LNG Time Charter Party (Golar LNG LTD), LNG Time Charter Party (Golar LNG Partners LP)
Description and Condition of Vessel. At the date of delivery of the Vessel vessel under this charter and throughout the charter periodconsidering due diligence:
(a) she She shall be classed by a classification society LR (“Classification Society”sea also Annex-1), which is a member of the International Association of Classification Societies;.
(b) if she is fifteen years old or over she shall obtain and maintain a LNG Condition Assessment Programme (“CAP”) of not less than two (2);
(c) she She shall be in every way fit to loadcarry petroleum refined products (see rider clause no-62) always in accordance with vessel’s class certificates, carrycoating manufacturer’s resistance list and the vessel’s trim, discharge stability and measure Liquefied Natural Gas (“LNG”);stress requirements.
(dc) she She shall be tight, staunch, strong, in good order and condition, and in every way fit for the service, with her machinery, boilers, hull and other equipment (including but not limited to hull stress calculator, radar, computers and computer systems) in a good and efficient statestate subject to “due diligence” on vessel’s condition;
(ed) her Her tanks, valves and pipelines shall be liquid and gas oil- tight; she shall have a working inert gas system and nitrogen generator with officers and crew experienced in the operation of both;
(fe) she She shall be in every way fitted for burning fuelsburning, IFO & MGO in accordance with the grades specified in Clause 6 clause 29 hereof:
(if) at sea, fuel oil in any proportion with LNG Boil-Off or 100% LNG Boil-Off for main propulsion (allowing the use of diesel oil for pilot). When transiting and manoeuvring in restricted waters only dual fuel mode is permitted; Owners and Charterers will discuss in good faith future operational process changes to allow 100% boil-off during transiting and manoeuvring (provided it can be demonstrated to be safe and reliable for the proposed operating modes); and heavy fuel oil, marine diesel oil and marine gas oil for auxiliaries;
(ii) in port, fuel oil in boilers; and fuel oil in any proportion with LNG Boil-Off or 100% LNG Boil-Off (however always using a minimal amount of diesel oil for pilot purposes) for power generation;
(iii) in all cases able to comply with all national and international emissions compliance regulations applicable to Charterers’ required trading routes in force at the keel laying date for a minimum of six (6) days at NCR without burning LNG; although Charterers shall allow Owners to take advantage of all relevant national and international waivers that exist related to the year of construction for future changes in regulations.
(iv) in all eases able to maintain continuous safe operation of the vessel and all auxiliary equipment during switchover between different types of fuel in any consumer.
(g) she shall have all her instrumentation calibrated and certified in accordance with the requirements of the Vessel’s Classification Society;
(h) she shall have her cargo measuring equipment calibrated by a recognised calibration company as referenced in Clause 57 hereof and certified in accordance with the requirements of the Vessel’s Classification Society;
(i) she shall have her inter-barrier and insulation spaces prepared and performing as per international regulations, and her containment system design conditions
(j) she She shall comply with the regulations in force so as to enable her, if her size permits, to pass through the Suez Canal and Panama canals by day and night without delay;
(kg) she She shall have on board all certificates, documents and equipment required from time to time by any applicable law to enable her to perform the charter service without delay. For the avoidance of doubt this will include, but will not be limited to, the Vessel’s Certificate of Financial Responsibility;
(lh) she She shall comply with the description in the LNG Gas Form C Annex-1 appended to the Confirmation Memorandumhereto, provided however that if there is any conflict between the provisions of this Form C Annex-1 and any other provision, including this Clause clause 1, of this charter such other provisions shall govern;
(mi) her Her ownership structure, flag, registry, Classification Society and management company classification society shall not be changed without prior approval of Charterers, which shall not be unreasonably withheld.changed;
(nj) Owners shall complete the daily VRS Lite ShipNet template (Charterers’ Voyage Management System) on board the Vessel.
(o) Owners shall arrange at their expense for a Ship Inspection Report (SIRE) inspection to be carried out at intervals of six (6) months plus or minus thirty (30) days. Upon delivery, Owners shall be responsible for obtaining a non-operational SIRE inspection prior to or at the first loading under this charter. If a non-operational SIRE inspection is completed prior to the first loading then Owners are responsible for ensuring that a full operational SIRE inspection is carried out within three (3) months of the vessel delivery date or at first vessel discharge port, whichever is later.
(p) Owners shall will operate:
(i) a Safety Management System A safety management system certified to comply with the international safety management code (“SMS”) that shall comply as a minimum with the following regulations and/or industry standards, plus any additions, modifications or subsequent versions thereof: International Safety Management Code (“ISM Codeism code”) for the Safe Operation safe operation of Ships ships and for Pollution Prevention, International Ship and Port Security Code (“ISPS”), International Convention for the Prevention of Pollution From Ships, 1973 as modified by the Protocol of 1978 (“MARPOL”), International Convention for Safety of Life at Sea, 1974 (“SOLAS”), International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1995 (“STCW”), best practice recommendations from the Tanker Management Self Assessment (“TMSA”), the International Safety Guide for Oil Tankers and Terminals (“ISGOTT”), Society of International Gas Tanker and Terminal Operators (“SIGTTO”) and the Code Of Safe Working Practices (“COSWOP”)pollution prevention;
(ii) a A documented safe working procedures system within (including procedures for the SMS to address the Health Safety Security identification and Environment (“HSSE”) risks specific to the scope mitigation of work set out in this charter party and the management of controls to eliminate, reduce or mitigate these risks as low as reasonably practicable. Owners’ operations shall be certified, as a minimum to ISO:9001:2008risks);
(iii) a A documented environmental management system; under implementation. Integrated management system to protect is under implementation by owners which incorporate environmental resources by applying best available techniques in to minimise ormanagement system, where possible, eliminate any direct or indirect impact from operations; Owners shall meet the requirements of ISO 14001;2004 or demonstrate that plans are in place to obtain this certification within the next twelve (12) months from the charter start date,also manuals already placed on board.
(iv) Owners and Charterers shall undertake to create and operate a Ship Energy Efficiency Management Plan (SEEMP) that is in line Documented accident/incident reporting system compliant with the operating protocol for all Charterers owned fleet which is managed by Ceres LNG Services Ltd., of Bermuda, in accordance with IMO MEPC.1/Circ.683, to establish a mechanism for the company and / or the vessel to continuously improve the efficiency of ship operations. A key component of the SEEMP, the Energy Efficiency Operational Indicator (EEOI), shall be calculated in accordance with IMO MEPC.1/Circ.684. This plan and EEOI performance index shall be shared with the Charterers to facilitate a dialogue to collaborate on continuously improving the efficiency of ship operations and reduction of harmful emissions throughout the charter period;
(v) a flag state requirements; documented accident/incident reporting system compliant with flag state requirements. Owner will arrange at xxxxxxxxx’s time & owner’s expenses a sire inspection at intervals of six months plus or minus thirty days if required.
(qv) Owners shall ensure that all crew are provided an orientation training programme for the Vessel with training relevant under the SMS. Owners shall ensure that all subcontractors visiting the Vessel shall receive a briefing or information on the parts of the SMS relevant maintain health safety environmental (“HSE”) records sufficient to their visit and comply demonstrate compliance with the Owners’ HSSE policies requirements of their HSE system and procedures during of this charter. Charterers reserve the visitright to confirm compliance with HSE requirements by audit of owners.
(rvi) Owners and Charterers shall discuss in good faith how the Vessel’s ballast water treatment system is fitted and operated in accordance with the International Convention will arrange at charterers time & owners expenses for the Control and Management a sire inspection to be carried out at intervals of Ships’ Ballast Water and Sediments and any additional national six months plus or local requirements that may be more stringent than the IMO requirements. The operation of this system shall not be the limiting factor for vessel loading or discharging times or any other vessel operation. Owners shall be allowed to take advantage of any IMO waivers that may be applicable in the fitting of such systemminus thirty days if required.
(svii) At Charterers sole election and cost, the Vessel shall have a continuous emissions monitoring system Description in above clause-1 are always “due diligence” on all exhaust gas emissions from non-emergency equipment to measure NOx, SOx and CO2 emissions, which shall be operated and maintained to the IMO NOx Technical Code, EU and the USA EPA guidelines for exhaust stack emissions monitoring, and shall have a tamper-proof design as per MARPOL requirements.
(t) Owners shall take all necessary precautions and measures specific for piracy deterrence in piracy prone areas of the world. This shall include using reference material and industry guidelines such as OCIMF Best management Practices (BMP).vessel’s condition;
Appears in 2 contracts
Samples: Time Charter, Time Charter Party
Description and Condition of Vessel. At the date of delivery Delivery Date (as defined in Clause 6) of the Vessel under this charter and throughout the charter periodTerm (as defined in Clause 5) of this Charter:
(a) she shall be classed by a classification society Det Norske Veritas (the “Classification Society”), which is a member of classification shall bear the International Association of Classification Societies;following notations: X1A1 Tanker for Liquefied gas, ship type 2G (Membrane tank, Maximum pressure 25 kPaG, Minimum temperature -163°C), NAUTICUS (Newbuilding) XXXX-0, XXX-0, CLEAN, E0, F-AMC, ICS, TMON, DYNPOS-AUT, STL, BIS, NAUT-AW
(b) if she is fifteen years old or over she shall obtain be in every way fit for the safe loading, discharging, handling and maintain a LNG Condition Assessment Programme carrying of liquefied natural gas (“CAPLNG”) in bulk at atmospheric pressure, the regasification of not less than two (2)LNG, and the discharge of regasified LNG;
(c) she shall be constructed to the requirements listed in every way fit the vessel specifications appended to load, carry, discharge the Building Contract (the “Specifications”) and measure Liquefied Natural Gas (“LNG”)the requirements of the Vessel’s Classification Society for vessels carrying LNG in bulk;
(d) she shall be tight, staunch, strong, in good order and condition, and in every way fit for the serviceservice of carrying and regasifying LNG and unloading LNG and regasified LNG, with her machinery, boilers, hull hull, cargo installation, including gauging and other equipment suitable for measuring the level and temperature of LNG loaded on board the Vessel, and any other equipment (including but not limited to hull stress calculator, radar, computers and computer systems) in a good and efficient state;
(e) her tanks, valves and pipelines shall be liquid liquid- and gas gas-tight; she shall have a working inert gas system and nitrogen generator with officers and crew experienced in the operation of both;
(f) she shall be in every way fitted for burning, as fuel, at sea and in port the fuels as set forth in Schedule I and capable of full operations when burning fuels, one hundred percent (100%) natural gas in accordance with lieu of fuel oil (except for the grades burning of pilot fuel as specified in Clause 6 hereof:
(i) at sea, fuel oil in any proportion with LNG Boil-Off or 100% LNG Boil-Off for main propulsion (allowing the use of diesel oil for pilot). When transiting and manoeuvring in restricted waters only dual fuel mode is permitted; Owners and Charterers will discuss in good faith future operational process changes to allow 100% boil-off during transiting and manoeuvring (provided it can be demonstrated to be safe and reliable for the proposed operating modesSchedule I); and heavy fuel oil, marine diesel oil and marine gas oil for auxiliaries;
(ii) in port, fuel oil in boilers; and fuel oil in any proportion with LNG Boil-Off or 100% LNG Boil-Off (however always using a minimal amount of diesel oil for pilot purposes) for power generation;
(iii) in all cases able to comply with all national and international emissions compliance regulations applicable to Charterers’ required trading routes in force at the keel laying date for a minimum of six (6) days at NCR without burning LNG; although Charterers shall allow Owners to take advantage of all relevant national and international waivers that exist related to the year of construction for future changes in regulations.
(iv) in all eases able to maintain continuous safe operation of the vessel and all auxiliary equipment during switchover between different types of fuel in any consumer.Execution version re Hull 1689
(g) she shall have all her instrumentation calibrated and certified in accordance with the requirements of the Vessel’s Classification Society;
(h) she shall have her cargo measuring equipment calibrated by a recognised calibration company as referenced in Clause 57 hereof and certified in accordance with the requirements of the Vessel’s Classification Society;
(i) she shall have her inter-barrier and insulation spaces prepared and performing as per international regulations, and her containment system design conditions
(j) she shall comply with the regulations in force so as to enable her, if her size permits, to pass through the Suez Canal by day and night without delay;
(kh) she shall have on board all certificates, permits, records or other documents required by the conventions, laws, regulations or requirements referred to in Clause 2(l) below, including ISM Certification, and equipment required from time to time by any applicable law to enable her to perform perform, subject to the notice provisions set out in Clause 4(a), the charter service without delay. For the avoidance of doubt this will include, but will not be limited to, the Vessel’s Certificate of Financial Responsibility;
(li) she shall comply with the regulations in force so as to enable her to pass through the Suez Canal to the extent such regulations permit passage by LNG carriers;
(j) she shall comply with the description in the LNG Gas Form C appended to the Confirmation MemorandumSchedule I attached hereto; provided, provided however however, that if there is any conflict between the provisions of this Form C Schedule I and any other provision, including this Clause 1, provision of this charter Charter (including Clause 2, but excluding the Specifications which shall have a lower priority than Schedule I), such other provisions provision of this Charter shall govern;
(mk) she shall be capable of operating with no venting of boil-off gases to the atmosphere, but shall be capable of venting if circumstances so require and if governmental authorities and other authority and safety of the Vessel so permit; and
(l) she shall be in full compliance with all applicable international conventions, safety and security standards, applicable permits, laws, regulations, and/or other requirements of the country of her ownership structure, flag, registry, Classification Society her Flag State (as defined in Clause 14), and management company shall not any other country, port or place to which she may be changed without prior approval of Charterersordered hereunder, which shall not be unreasonably withheld.
(n) Owners shall complete the daily VRS Lite ShipNet template (Charterers’ Voyage Management System) on board the Vessel.
(o) Owners shall arrange at their expense for a Ship Inspection Report (SIRE) inspection to be carried out at intervals of six (6) months plus or minus thirty (30) days. Upon delivery, Owners shall be responsible for obtaining a non-operational SIRE inspection prior to or at the first loading under this charter. If a non-operational SIRE inspection is completed prior to the first loading then Owners are responsible for ensuring that a full operational SIRE inspection is carried out within three (3) months of the vessel delivery date or at first vessel discharge port, whichever is later.
(p) Owners shall operate:
(i) a Safety Management System (“SMS”) that shall comply as a minimum with the following and all applicable regulations and/or industry standards, plus any additions, modifications or subsequent versions thereof: International Safety Management Code (“ISM Code”) for the Safe Operation of Ships and for Pollution Prevention, International Ship and Port Security Code (“ISPS”), International Convention for the Prevention of Pollution From Ships, 1973 as modified by the Protocol of 1978 (“MARPOL”), International Convention for Safety of Life at Sea, 1974 (“SOLAS”), International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1995 (“STCW”), best practice recommendations from the Tanker Management Self Assessment (“TMSA”), the International Safety Guide for Oil Tankers and Terminals (“ISGOTT”), Society of International Gas Tanker and Terminal Operators (“SIGTTO”) and the Code Of Safe Working Practices (“COSWOP”);
(ii) a documented safe working procedures system within the SMS to address the Health Safety Security and Environment (“HSSE”) risks specific to the scope of work set out in this charter party and the management of controls to eliminate, reduce or mitigate these risks as low as reasonably practicable. Owners’ operations shall be certified, as a minimum to ISO:9001:2008;
(iii) a documented environmental management system to protect environmental resources by applying best available techniques in to minimise or, where possible, eliminate any direct or indirect impact from operations; Owners shall meet the requirements of ISO 14001;2004 any terminals or demonstrate that plans are facilities in place to obtain this certification within the next twelve (12) months from the charter start date,
(iv) Owners and Charterers shall undertake to create and operate a Ship Energy Efficiency Management Plan (SEEMP) that is in line with the operating protocol for all Charterers owned fleet which is managed by Ceres LNG Services Ltd., of Bermuda, such ports or places where she may load or discharge in accordance with IMO MEPC.1/Circ.683Schedule I, to establish a mechanism for the company and / or the vessel to continuously improve the efficiency of ship operations. A key component of the SEEMPAppendix 1, the Energy Efficiency Operational Indicator (EEOI), shall be calculated in accordance with IMO MEPC.1/Circ.684. This plan and EEOI performance index shall be shared with the Charterers to facilitate a dialogue to collaborate on continuously improving the efficiency of ship operations and reduction of harmful emissions throughout the charter period;
(v) a documented accident/incident reporting system compliant with flag state requirementsparagraph 1.
(q) Owners shall ensure that all crew are provided an orientation training programme for the Vessel with training relevant under the SMS. Owners shall ensure that all subcontractors visiting the Vessel shall receive a briefing or information on the parts of the SMS relevant to their visit and comply with the Owners’ HSSE policies and procedures during the visit.
(r) Owners and Charterers shall discuss in good faith how the Vessel’s ballast water treatment system is fitted and operated in accordance with the International Convention for the Control and Management of Ships’ Ballast Water and Sediments and any additional national or local requirements that may be more stringent than the IMO requirements. The operation of this system shall not be the limiting factor for vessel loading or discharging times or any other vessel operation. Owners shall be allowed to take advantage of any IMO waivers that may be applicable in the fitting of such system.
(s) At Charterers sole election and cost, the Vessel shall have a continuous emissions monitoring system on all exhaust gas emissions from non-emergency equipment to measure NOx, SOx and CO2 emissions, which shall be operated and maintained to the IMO NOx Technical Code, EU and the USA EPA guidelines for exhaust stack emissions monitoring, and shall have a tamper-proof design as per MARPOL requirements.
(t) Owners shall take all necessary precautions and measures specific for piracy deterrence in piracy prone areas of the world. This shall include using reference material and industry guidelines such as OCIMF Best management Practices (BMP).
Appears in 1 contract
Description and Condition of Vessel. At
1.1 Owner warrants that at the date of delivery of time that Owner is obliged to proceed to the Vessel under this charter and throughout the charter periodLoading Port:
(ai) she the Vessel shall be classed by a classification society (“Classification Society”), which is a member of the International Association of Classification Societies;
(bii) she shall be insured with reputable insurance underwriters to a level and extent which is not less than would generally be taken out on vessels of her type, including hull and machinery, protection and indemnity, pollution and such other coverage as is customary in the LNG industry. The Vessel shall be entered in the P&I Club, being a member of the International Group of P&I Clubs.
(iii) if she is fifteen twenty years old or over she shall obtain have and maintain a LNG Condition Assessment Programme Program (“CAP”) of not less than two 2 (2two);
(civ) she shall be in every way fit to load, carry, discharge and measure Liquefied Natural Gas (“LNG”)LNG in international trade;
(dv) she shall be tight, staunch, strong, in good order and condition, and in every way fit for the service, with her machinery, boilers, hull and other equipment (including but not limited to hull stress calculator, radar, computers and computer systems) in a good and efficient state;
(evi) all her tanks, valves and pipelines shall be liquid and gas tight; she shall have a working inert gas system and nitrogen generator with officers and crew experienced in the operation of both;
(f) she shall be in every way fitted for burning fuels, in accordance with the grades specified in Clause 6 hereof:
(i) at sea, fuel oil in any proportion with LNG Boil-Off or 100% LNG Boil-Off for main propulsion (allowing the use of diesel oil for pilot). When transiting and manoeuvring in restricted waters only dual fuel mode is permitted; Owners and Charterers will discuss in good faith future operational process changes to allow 100% boil-off during transiting and manoeuvring (provided it can be demonstrated to be safe and reliable for the proposed operating modes); and heavy fuel oil, marine diesel oil and marine gas oil for auxiliaries;
(ii) in port, fuel oil in boilers; and fuel oil in any proportion with LNG Boil-Off or 100% LNG Boil-Off (however always using a minimal amount of diesel oil for pilot purposes) for power generation;
(iii) in all cases able to comply with all national and international emissions compliance regulations applicable to Charterers’ required trading routes in force at the keel laying date for a minimum of six (6) days at NCR without burning LNG; although Charterers shall allow Owners to take advantage of all relevant national and international waivers that exist related to the year of construction for future changes in regulations.
(iv) in all eases able to maintain continuous safe operation of the vessel and all auxiliary equipment during switchover between different types of fuel in any consumer.
(gvii) she shall have all her cargo measuring equipment and instrumentation calibrated and certified in accordance with the requirements of the Vessel’s Classification Society;
(hviii) she shall have her cargo measuring equipment calibrated by a recognised calibration company as referenced in Clause 57 hereof and certified in accordance with the requirements of the Vessel’s Classification Society;
(i) she shall have her inter-barrier and insulation spaces prepared and performing as per international regulations, and her containment system design conditions;
(jix) she shall comply with the regulations in force so as to enable her, if her size permits, to pass through the Suez Canal by day and night without delay;her
(kx) she shall have on board all certificates, documents and equipment required from time to time by any applicable law to enable her to perform the charter service without delay. For the avoidance of doubt this will include, but will not be limited to, the Vessel’s Certificate of Financial Responsibility;
(lxi) she shall comply with the description in the LNG Gas Form C appended to the Confirmation Memorandum, provided however that if there is any conflict between the provisions of this Form C and any other provision, including this Clause 1, of this charter such other provisions shall governhereto as Appendix A;
(mxii) her ownership structure, flag, registry, Classification Society classification society and management company shall not be changed without prior approval during the execution of Charterers, which this charter-party;
1.2 Owner warrants that it shall not be unreasonably withheldexercise due diligence to ensure that the requirements of Clause 1.1 remain satisfied for the duration of the Charter period.
(n) Owners shall complete the daily VRS Lite ShipNet template (Charterers’ Voyage Management System) on board the Vessel.
(o) Owners shall arrange at their expense for a Ship Inspection Report (SIRE) inspection to be carried out at intervals of six (6) months plus or minus thirty (30) days. Upon delivery, Owners shall be responsible for obtaining a non-operational SIRE inspection prior to or at the first loading under this charter. If a non-operational SIRE inspection is completed prior to the first loading then Owners are responsible for ensuring 1.3 Owner guarantees that a full operational SIRE inspection is carried out within three (3) months of the vessel delivery date or at first vessel discharge port, whichever is later.
(p) Owners shall it will operate:
(i) a Safety Management System (“SMS”) that shall safety management system certified to comply as a minimum with the following regulations and/or industry standards, plus any additions, modifications or subsequent versions thereof: International Safety Management Code (“ISM Code”) for the Safe Operation of Ships and for Pollution Prevention, International Ship ;
(ii) a documented safe working procedures system (including procedures for the identification and Port Security Code mitigation of risks);
(iii) a documented environmental management system;
(iv) a documented accident/incident reporting system compliant with flag state requirements;
1.4 Owner shall maintain Health Safety Environmental (“ISPSHSE”)) records sufficient to demonstrate compliance with the requirements of their HSE system and of this charter.
1.5 Owner warrants that at the time that Owner is obliged to proceed to the Loading Port:
(i) the Vessel shall have a full and efficient complement of master, International Convention officers and crew for a vessel of her tonnage, who shall in any event be not less than the Prevention of Pollution From Ships, 1973 as modified number required by the Protocol laws of 1978 the flag state and who shall be trained to operate the Vessel and her equipment competently and safely and in accordance with generally accepted international standards for LNG vessels;
(“MARPOL”), International Convention for Safety ii) all shipboard personnel shall hold valid certificates of Life at Sea, 1974 competence in accordance with the requirements of the law of the flag state and IMO’s SOLAS consolidated editions 2004 including later amendments;
(“SOLAS”), iii) all shipboard personnel shall be trained in accordance with the relevant provisions of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1995 (“STCW”)or any additions, best practice recommendations from the Tanker Management Self Assessment (“TMSA”), the International Safety Guide for Oil Tankers and Terminals (“ISGOTT”), Society of International Gas Tanker and Terminal Operators (“SIGTTO”) and the Code Of Safe Working Practices (“COSWOP”)modifications or subsequent versions thereof;
(ii) a documented safe working procedures system within the SMS to address the Health Safety Security and Environment (“HSSE”) risks specific to the scope of work set out in this charter party and the management of controls to eliminate, reduce or mitigate these risks as low as reasonably practicable. Owners’ operations shall be certified, as a minimum to ISO:9001:2008;
(iii) a documented environmental management system to protect environmental resources by applying best available techniques in to minimise or, where possible, eliminate any direct or indirect impact from operations; Owners shall meet the requirements of ISO 14001;2004 or demonstrate that plans are in place to obtain this certification within the next twelve (12) months from the charter start date,
(iv) Owners there shall be on board sufficient personnel with a good working knowledge of the English language to enable cargo operations at loading and Charterers discharging places to be carried out efficiently and safely and to enable communications between the Vessel and those loading the Vessel or accepting discharge therefrom to be carried out quickly and efficiently. Owner shall undertake ensure that the Vessel’s master and chief officer have attended a ship handling course acceptable to create Charterer and operate a Ship Energy Efficiency Management Plan (SEEMP) that is in line with the operating protocol for all Charterers owned fleet which is managed by Ceres LNG Services Ltd., of Bermuda, bridge resource management course in accordance with IMO MEPC.1/Circ.683, to establish a mechanism for the company and / or the vessel to continuously improve the efficiency of ship operations. A key component of the SEEMP, the Energy Efficiency Operational Indicator (EEOI), shall be calculated in accordance with IMO MEPC.1/Circ.684. This plan and EEOI performance index shall be shared with the Charterers to facilitate a dialogue to collaborate on continuously improving the efficiency of ship operations and reduction of harmful emissions throughout the charter periodguidelines set by IMO.;
(v) a documented accident/incident reporting system compliant with flag state requirements.
(q) Owners shall ensure that all crew are provided an orientation training programme for the Vessel with training relevant under the SMS. Owners shall ensure that all subcontractors visiting the Vessel shall receive a briefing or information on the parts terms of the SMS relevant to their visit and comply with the Owners’ HSSE policies and procedures during the visit.
(r) Owners and Charterers shall discuss in good faith how employment of the Vessel’s ballast water treatment system is fitted staff and operated in accordance with crew will always remain acceptable to the International Convention for Transport Worker’s Federation and the Control Vessel will at all times carry a blue card;
(vi) the xxxxxxx level and Management nationality of Ships’ Ballast Water and Sediments and any additional national or local requirements that may be more stringent than the IMO requirements. The operation of this system Vessel’s officers given in the Appendix A referred to in Clause 1.5 (iv) will not change without Charterer’s prior agreement which shall not be unreasonably withheld.
1.6 Owner warrants that it shall exercise due diligence to ensure that the limiting factor requirements of Clause 1.5 remain satisfied for vessel loading the duration of the Charter period.
1.7 Owner shall keep a strict account of all cargo loaded, boil-off, and cargo discharged.
1.8 Owner warrants that the Vessel has had a SIRE inspection and approval within the last [six (6) or discharging times Insert other number] months.
1.9 Owner warrants that any information provided on any questionnaire(s) requested by Charterer or any other vessel operation. Owners shall be allowed Vessel information/details provided by Owner to take advantage of any IMO waivers that may be applicable in Charterer is always complete and correct as at the fitting of such system.
(s) At Charterers sole election date hereof, and cost, from the Vessel shall have a continuous emissions monitoring system on all exhaust gas emissions from non-emergency equipment time when the obligation to measure NOx, SOx and CO2 emissions, which shall be operated and maintained proceed to the IMO NOx Technical CodeLoading Port attaches and throughout the charter period. This information is an integral part of this Charter but if there is any conflict between the contents of the questionnaire(s), EU and the USA EPA guidelines for exhaust stack emissions monitoringor information provided by Owner, and any other provisions of this Charter then the provisions of this Charter shall have a tamper-proof design as per MARPOL requirementsgovern.
(t) Owners shall take all necessary precautions and measures specific for piracy deterrence in piracy prone areas of the world. This shall include using reference material and industry guidelines such as OCIMF Best management Practices (BMP).
Appears in 1 contract
Samples: LNG Carrier Voyage Charter Party
Description and Condition of Vessel. At the date of delivery Delivery Date (as defined in Clause 6) of the Vessel under this charter and throughout the charter periodTerm (as defined in Clause 5) of this Charter:
(a) she shall be classed by a classification society Det Norske Veritas (the “Classification Society”), which is a member of classification shall bear the International Association of Classification Societies;following notations: 1A1 Tanker for Liquefied gas, ship type 2G (Membrane tank, Maximum pressure 25 kPaG, Minimum temperature -163°C), NAUTICUS (Newbuilding) XXXX-0, XXX-0, CLEAN, E0, F-AMC, ICS, TMON, DYNPOS-AUT, STL, BIS, NAUT-AW
(b) if she is fifteen years old or over she shall obtain be in every way fit for the safe loading, discharging, handling and maintain a LNG Condition Assessment Programme carrying of liquefied natural gas (“CAPLNG”) in bulk at atmospheric pressure, the regasification of not less than two (2)LNG, and the discharge of regasified LNG;
(c) she shall be constructed to the requirements listed in every way fit the vessel specifications appended to load, carry, discharge the Building Contract (the “Specifications”) and measure Liquefied Natural Gas (“LNG”)the requirements of the Vessel’s Classification Society for vessels carrying LNG in bulk;
(d) she shall be tight, staunch, strong, in good order and condition, and in every way fit for the serviceservice of currying and regasifying LNG and unloading LNG and regasified LNG, with her machinery, boilers, hull hull, cargo installation, including gauging and other equipment suitable for measuring the level and temperature of LNG loaded on board ,the Vessel, and any other equipment (including but not limited to hull stress calculator, radar, computers and computer systems) in a good and efficient state;
(e) her tanks, valves and pipelines shall be liquid liquid- and gas gas-tight; she shall have a working inert gas system and nitrogen generator with officers and crew experienced in the operation of both;
(f) she shall be in every way fitted for burning, as fuel, at sea and in port the fuels as set forth in Schedule I and capable of full operations when burning fuels, one hundred percent (100%) natural gas in accordance with lieu of fuel oil (except for the grades burning of pilot fuel as specified in Clause 6 hereof:
(i) at sea, fuel oil in any proportion with LNG Boil-Off or 100% LNG Boil-Off for main propulsion (allowing the use of diesel oil for pilotSchedule I). When transiting and manoeuvring in restricted waters only dual fuel mode is permitted; Owners and Charterers will discuss in good faith future operational process changes to allow 100% boil-off during transiting and manoeuvring (provided it can be demonstrated to be safe and reliable for the proposed operating modes); and heavy fuel oil, marine diesel oil and marine gas oil for auxiliaries;
(ii) in port, fuel oil in boilers; and fuel oil in any proportion with LNG Boil-Off or 100% LNG Boil-Off (however always using a minimal amount of diesel oil for pilot purposes) for power generation;
(iii) in all cases able to comply with all national and international emissions compliance regulations applicable to Charterers’ required trading routes in force at the keel laying date for a minimum of six (6) days at NCR without burning LNG; although Charterers shall allow Owners to take advantage of all relevant national and international waivers that exist related to the year of construction for future changes in regulations.
(iv) in all eases able to maintain continuous safe operation of the vessel and all auxiliary equipment during switchover between different types of fuel in any consumer.
(g) she shall have all her instrumentation calibrated and certified in accordance with the requirements of the Vessel’s Classification Society;
(h) she shall have her cargo measuring equipment calibrated by a recognised calibration company as referenced in Clause 57 hereof and certified in accordance with the requirements of the Vessel’s Classification Society;
(i) she shall have her inter-barrier and insulation spaces prepared and performing as per international regulations, and her containment system design conditions
(j) she shall comply with the regulations in force so as to enable her, if her size permits, to pass through the Suez Canal by day and night without delay;
(kh) she shall have on board all certificates, permits, records or other documents required by the conventions, laws, regulations or requirements referred to in Clause 2(1) below, including ISM Certification, and equipment required from time to time by any applicable law to enable her to perform perform, subject to the notice provisions set out in Clause 4(a), the charter service without delay. For the avoidance of doubt this will include, but will not be limited to, the Vessel’s Certificate of Financial Responsibility;
(li) she shall comply with the regulations in force so as to enable her to pass through the Suez Canal to the extent such regulations permit passage by LNG coolers;
(j) she shall comply with the description in the LNG Gas Form C appended to the Confirmation MemorandumSchedule I attached hereto; provided, provided however however, that if there is any conflict between the provisions of this Form C Schedule I and any other provision, including this Clause 1, provision of this charter Charter (including Clause 2, but excluding the Specifications which shall have a lower priority than Schedule I), such other provisions provision of this Charter shall govern;
(mk) she shall be capable of operating with no venting of boil-off gases to the atmosphere, but shall be capable of venting if circumstances so require and if governmental authorities and other authority and safety of the Vessel so permit; and
(l) she shall be in full compliance with all applicable international conventions, safety and security standards, applicable permits, laws, regulations, and/or other requirements of the country of her ownership structure, flag, registry, Classification Society her Flag State (as defined in Clause 14), and management company shall not any other country, port or place to which she may be changed without prior approval of Charterersordered hereunder, which shall not be unreasonably withheld.
(n) Owners shall complete the daily VRS Lite ShipNet template (Charterers’ Voyage Management System) on board the Vessel.
(o) Owners shall arrange at their expense for a Ship Inspection Report (SIRE) inspection to be carried out at intervals of six (6) months plus or minus thirty (30) days. Upon delivery, Owners shall be responsible for obtaining a non-operational SIRE inspection prior to or at the first loading under this charter. If a non-operational SIRE inspection is completed prior to the first loading then Owners are responsible for ensuring that a full operational SIRE inspection is carried out within three (3) months of the vessel delivery date or at first vessel discharge port, whichever is later.
(p) Owners shall operate:
(i) a Safety Management System (“SMS”) that shall comply as a minimum with the following and all applicable regulations and/or industry standards, plus any additions, modifications or subsequent versions thereof: International Safety Management Code (“ISM Code”) for the Safe Operation of Ships and for Pollution Prevention, International Ship and Port Security Code (“ISPS”), International Convention for the Prevention of Pollution From Ships, 1973 as modified by the Protocol of 1978 (“MARPOL”), International Convention for Safety of Life at Sea, 1974 (“SOLAS”), International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1995 (“STCW”), best practice recommendations from the Tanker Management Self Assessment (“TMSA”), the International Safety Guide for Oil Tankers and Terminals (“ISGOTT”), Society of International Gas Tanker and Terminal Operators (“SIGTTO”) and the Code Of Safe Working Practices (“COSWOP”);
(ii) a documented safe working procedures system within the SMS to address the Health Safety Security and Environment (“HSSE”) risks specific to the scope of work set out in this charter party and the management of controls to eliminate, reduce or mitigate these risks as low as reasonably practicable. Owners’ operations shall be certified, as a minimum to ISO:9001:2008;
(iii) a documented environmental management system to protect environmental resources by applying best available techniques in to minimise or, where possible, eliminate any direct or indirect impact from operations; Owners shall meet the requirements of ISO 14001;2004 any terminals or demonstrate that plans are facilities in place to obtain this certification within the next twelve (12) months from the charter start date,
(iv) Owners and Charterers shall undertake to create and operate a Ship Energy Efficiency Management Plan (SEEMP) that is in line with the operating protocol for all Charterers owned fleet which is managed by Ceres LNG Services Ltd., of Bermuda, such ports or places where she may load or discharge in accordance with IMO MEPC.1/Circ.683Schedule I, to establish a mechanism for the company and / or the vessel to continuously improve the efficiency of ship operations. A key component of the SEEMPAppendix 1, the Energy Efficiency Operational Indicator (EEOI), shall be calculated in accordance with IMO MEPC.1/Circ.684. This plan and EEOI performance index shall be shared with the Charterers to facilitate a dialogue to collaborate on continuously improving the efficiency of ship operations and reduction of harmful emissions throughout the charter period;
(v) a documented accident/incident reporting system compliant with flag state requirementsparagraph 1.
(q) Owners shall ensure that all crew are provided an orientation training programme for the Vessel with training relevant under the SMS. Owners shall ensure that all subcontractors visiting the Vessel shall receive a briefing or information on the parts of the SMS relevant to their visit and comply with the Owners’ HSSE policies and procedures during the visit.
(r) Owners and Charterers shall discuss in good faith how the Vessel’s ballast water treatment system is fitted and operated in accordance with the International Convention for the Control and Management of Ships’ Ballast Water and Sediments and any additional national or local requirements that may be more stringent than the IMO requirements. The operation of this system shall not be the limiting factor for vessel loading or discharging times or any other vessel operation. Owners shall be allowed to take advantage of any IMO waivers that may be applicable in the fitting of such system.
(s) At Charterers sole election and cost, the Vessel shall have a continuous emissions monitoring system on all exhaust gas emissions from non-emergency equipment to measure NOx, SOx and CO2 emissions, which shall be operated and maintained to the IMO NOx Technical Code, EU and the USA EPA guidelines for exhaust stack emissions monitoring, and shall have a tamper-proof design as per MARPOL requirements.
(t) Owners shall take all necessary precautions and measures specific for piracy deterrence in piracy prone areas of the world. This shall include using reference material and industry guidelines such as OCIMF Best management Practices (BMP).
Appears in 1 contract
Description and Condition of Vessel. At the date of delivery of the Vessel under this charter and throughout the charter period:dated
(a) she She shall be classed by a classification society (“Classification Society”), which is a member of the International Association of Classification Societies;………………
(b) if she is fifteen years old or over she shall obtain and maintain a LNG Condition Assessment Programme (“CAP”) of not less than two (2);
(c) she She shall be in every way fit to loadcarry clean and/or dirty petroleum products including condensates but excluding alcohol and solvents. If the vessel is taken by the charterers for white oil service, carry, discharge and measure Liquefied Natural Gas (“LNG”);she will be released in white oil service & if the vessel is taken for black oil service she will be released in black oil service.
(dc) she She shall be tight, staunch, strong, in good order and condition, and in every way fit for the service, with her machinery, boilers, hull and other equipment (including but not limited to hull stress calculator, calculator and radar, computers and computer systems) in a good and efficient state;
(ed) her Her tanks, valves and pipelines shall be liquid and gas oil-tight; she shall have a working inert gas system and nitrogen generator with officers and crew experienced in the operation of both;
(fe) she She shall be in every way fitted for burning fuels, in accordance with the grades specified in Clause 6 hereof:
(i) at sea, fuel oil in any proportion with LNG Boil-Off or 100sea and at Port – VLSFO 0.5% LNG Boil-Off Sulphur for main propulsion (allowing the use of diesel oil for pilot). When transiting propulsion, boilers and manoeuvring in restricted waters only dual fuel mode is permitted; Owners and Charterers will discuss in good faith future operational process changes to allow 100% boil-off during transiting and manoeuvring (provided it can be demonstrated to be safe and reliable for the proposed operating modes); and heavy fuel oil, marine diesel oil and marine gas oil HFHSD/ MGO/ MDO for auxiliaries;
(ii) in port, fuel oil in boilers; and fuel oil in any proportion with LNG Boil-Off or 100% LNG Boil-Off (however always using a minimal amount of diesel oil for pilot purposes) for power generation;
(iii) in all cases able to comply with all national and international emissions compliance regulations applicable to Charterers’ required trading routes in force at the keel laying date for a minimum of six (6) days at NCR without burning LNG; although Charterers shall allow Owners to take advantage of all relevant national and international waivers that exist related to the year of construction for future changes in regulations.
(ivf) in all eases able to maintain continuous safe operation In case of the vessel and all auxiliary equipment during switchover between different types of fuel in any consumer.
(g) she shall have all her instrumentation calibrated and certified in accordance with the requirements of the Vessel’s Classification Society;
(h) she shall have her cargo measuring equipment calibrated by a recognised calibration company as referenced in Clause 57 hereof and certified in accordance with the requirements of the Vessel’s Classification Society;
(i) she shall have her inter-barrier and insulation spaces prepared and performing as per international regulationsvessels designated for overseas trade, and her containment system design conditions
(j) she shall comply with the regulations in force so as to enable her, if her size permits, to pass through the Suez Canal and Panama Canals by day and night without delay;
(kg) she She shall have on board all certificates, documents and equipment required from time to time by any applicable law to enable her to perform the charter service without delay. For the avoidance of doubt this will include, but will not be limited to, the Vessel’s Certificate of Financial Responsibility;
(lh) she She shall comply with be fully coiled and capable at all times for heating and maintaining cargo upto a temperature of 70 degree C @ 4 degree C raise per day. (Only for Black Oil vessels). Commencement of time at load port would be upon completion of loading of each cargo grade requiring heating . Completion of time at disport shall be upon the description in the LNG Gas Form C appended to the Confirmation Memorandum, provided however that completion of Ship’s ullaging before discharge of each cargo grade. Guaranteed bunker consumption for heating / maintaining cargo temp will be admissible only if there is any conflict between the provisions increase in cargo temp / no reduction in cargo temperature respectively. The heating/maintaining bunker will be proportionately allowed for cargo grade requiring heating / maintaining of this Form C and any other provision, including this Clause 1, of this charter such other provisions shall govern;
(m) her ownership structure, flag, registry, Classification Society and management company shall not be changed without prior approval of Charterers, which shall not be unreasonably withheldtemperature.
(ni) Owners shall complete guarantee that vessel will maintain positive segregation for the daily VRS Lite ShipNet template No. of grades (Charterers’ Voyage Management Systemminimum three grades segregation is required) on board as mentioned in their technical bid and that the Vessel.
(o) Owners shall arrange at their expense for a Ship Inspection Report (SIRE) inspection to be carried out at intervals vessel is capable of six (6) months plus or minus thirty (30) daysloading and discharging minimum 2 grades simultaneously by day as well as by night without damage of admixture. Upon delivery, Owners shall be responsible for obtaining a noncontamination that may occur on-operational SIRE inspection prior to or at the first loading under this charter. If a non-operational SIRE inspection is completed prior to the first loading then Owners are responsible for ensuring that a full operational SIRE inspection is carried out within three (3) months of board the vessel delivery date through malfunction/mal-operation/leakage of valves, bulkheads, manifold/s or at first vessel discharge port, whichever is laterpipelines.
(pj) Owners shall operate:
(i) a Safety Management System (“SMS”) that shall comply as a minimum with readily provide suitable substitute vessel/s, if the following regulations and/or industry standards, plus any additions, modifications or subsequent versions thereof: International Safety Management Code (“ISM Code”) for the Safe Operation of Ships and for Pollution Prevention, International Ship and Port Security Code (“ISPS”), International Convention for the Prevention of Pollution From Ships, 1973 as modified by the Protocol of 1978 (“MARPOL”), International Convention for Safety of Life at Sea, 1974 (“SOLAS”), International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1995 (“STCW”), best practice recommendations from the Tanker Management Self Assessment (“TMSA”), the International Safety Guide for Oil Tankers and Terminals (“ISGOTT”), Society of International Gas Tanker and Terminal Operators (“SIGTTO”) and the Code Of Safe Working Practices (“COSWOP”);
(ii) a documented safe working procedures system within the SMS vessel/s required to address the Health Safety Security and Environment (“HSSE”) risks specific be delivered to the scope of work set out in this charter party and the management of controls charterer is/are unavailable due to eliminate, reduce or mitigate these risks as low as reasonably practicable. Owners’ operations shall be certified, as a minimum to ISO:9001:2008;
(iii) a documented environmental management system to protect environmental resources by applying best available techniques in to minimise or, where possible, eliminate any direct or indirect impact from operations; Owners shall meet the requirements of ISO 14001;2004 or demonstrate that plans are in place to obtain this certification within the next twelve (12) months from the charter start date,
(iv) Owners and Charterers shall undertake to create and operate a Ship Energy Efficiency Management Plan (SEEMP) that is in line with the operating protocol for all Charterers owned fleet which is managed by Ceres LNG Services Ltd., of Bermuda, in accordance with IMO MEPC.1/Circ.683, to establish a mechanism for the company and / or the vessel to continuously improve the efficiency of ship operations. A key component of the SEEMP, the Energy Efficiency Operational Indicator (EEOI), shall be calculated in accordance with IMO MEPC.1/Circ.684. This plan and EEOI performance index shall be shared with the Charterers to facilitate a dialogue to collaborate on continuously improving the efficiency of ship operations and reduction of harmful emissions throughout the charter period;
(v) a documented accident/incident reporting system compliant with flag state requirements.
(q) Owners shall ensure that all crew are provided an orientation training programme for the Vessel with training relevant under the SMS. Owners shall ensure that all subcontractors visiting the Vessel shall receive a briefing or information on the parts of the SMS relevant to their visit and comply with the Owners’ HSSE policies and procedures during the visit.
(r) Owners and Charterers shall discuss in good faith how the Vessel’s ballast water treatment system is fitted and operated in accordance with the International Convention for the Control and Management of Ships’ Ballast Water and Sediments and any additional national or local requirements that may be more stringent than the IMO requirements. The operation of this system shall not be the limiting factor for vessel loading or discharging times dry-docking or any other reasons. The charter hire for the substitute vessel operation. Owners shall be allowed to take advantage computed basis equivalent per MT voyage cost methodology for the standard voyage used for evaluation of any IMO waivers that may be applicable the offers in the fitting relevant enquiry. In case the substitute vessel has a higher rate of such system.
(s) At Charterers sole election and costbunker consumption or port charges than the original vessel, the Vessel shall have a continuous emissions monitoring system on all exhaust gas emissions from non-emergency equipment to measure NOx, SOx charter hire would be suitably reduced and CO2 emissions, which shall be operated and maintained to the IMO NOx Technical Code, EU and the USA EPA guidelines for exhaust stack emissions monitoring, and shall have a tamper-proof design as per MARPOL requirementsvice versa.
(t) Owners shall take all necessary precautions and measures specific for piracy deterrence in piracy prone areas of the world. This shall include using reference material and industry guidelines such as OCIMF Best management Practices (BMP).
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Samples: Charter Party
Description and Condition of Vessel. At the date of delivery of the Vessel under this charter and throughout the charter period:
(a) she shall be classed by a classification society (“Classification Society”), which is a member of the International Association of Classification Societies;
(b) if she is fifteen years old or over she shall obtain and maintain a LNG Condition Assessment Programme (“CAP”) of not less than / worse than two (2);
(c) she shall be in every way fit to load, carry, discharge and measure Liquefied Natural Gas (“LNG”);
(d) she shall be tight, staunch, strong, in good order and condition, and in every way fit for the service, with her machinery, boilers, hull and other equipment (including but not limited to hull stress calculator, radar, computers and computer systems) in a good and efficient state;
(e) her tanks, valves and pipelines shall be liquid and gas tight; she shall have a working inert gas system and nitrogen generator with officers and crew experienced in the operation of both;
(f) she shall be in every way fitted for burning fuels, in accordance with the grades specified in Clause 6 hereof:
(i) at sea, fuel oil or marine diesel oil in any proportion with LNG Boil-Off or 100% LNG Boil-Off for main propulsion (allowing the use of diesel oil for pilot). When transiting and manoeuvring in restricted waters only dual fuel mode is permitted; Owners and Charterers will discuss in good faith future operational process changes to allow 100% boil-off during transiting and manoeuvring (provided it can be demonstrated to be safe and reliable for the proposed operating modes); and heavy fuel oil, marine diesel oil and marine gas oil for auxiliaries;
(ii) in port, fuel oil or marine diesel oil in boilers; and fuel oil or marine diesel oil in any proportion with LNG Boil-Off or 100% LNG Boil-Off (however always using a minimal amount of diesel oil for pilot purposes) for power generation;
(iii) in all cases able to comply with all national and international emissions compliance regulations applicable to Charterers’ required trading routes in force at the keel laying date for a minimum of six (6) days at NCR the Service Speed without burning LNG; although Charterers shall allow Owners to take advantage of all relevant national and international waivers that exist related to the year of construction for future changes in regulations.
(iv) in all eases cases able to maintain continuous safe operation of the vessel and all auxiliary equipment during switchover between different types of fuel in any consumer.
(g) she shall have all her instrumentation calibrated and certified in accordance with the requirements of the Vessel’s Classification Society;
(h) she shall have her cargo measuring equipment calibrated by a recognised calibration company as referenced in Clause 57 hereof and certified in accordance with the requirements of the Vessel’s Classification Society;
(i) she shall have her inter-barrier and insulation spaces prepared and performing as per international regulations, and her containment system design conditions
(j) she shall comply with the regulations in force so as to enable her, if her size permits, to pass through the Suez Canal and Panama Canal by day and night without delay;
(k) she shall have on board all certificates, documents and equipment required from time to time by any applicable law to enable her to perform the charter service without delay. For the avoidance of doubt this will include, but will not be limited to, the Vessel’s Certificate of Financial Responsibility;
(l) she shall comply with the description in the LNG Gas Form C appended to the Confirmation Memorandumhereto as Appendix B, provided however that if there is any conflict between the provisions of this Form C and any other provision, including this Clause 1, of this charter such other provisions shall govern;
(m) her ownership structure, flag, registry, Classification Society and management company shall not be changed without prior approval of Charterers, which shall not be unreasonably withheld.
(n) Owners shall complete the daily VRS Lite ShipNet template (Charterers’ Voyage Management System) complete, on board the Vessel, the daily template from Charterers’ voyage management system.
(o) Owners shall arrange at their expense for a Ship Inspection Report (SIRE) inspection to be carried out at intervals of six (6) months plus or minus thirty (30) days. Upon delivery, Owners shall be responsible for obtaining a non-operational SIRE inspection prior to or at the first loading under this charter. If a non-operational SIRE inspection is completed prior to the first loading then Owners are responsible for ensuring that a full operational SIRE inspection is carried out within three (3) months of the vessel delivery date or at first vessel discharge port, whichever is later.
(p) Owners shall operate:
(i) a Safety Management System (“SMS”) that shall comply as a minimum with the following regulations and/or industry standards, plus any additions, modifications or subsequent versions thereof: International Safety Management Code (“ISM Code”) for the Safe Operation of Ships and for Pollution Prevention, International Ship and Port Security Code (“ISPS”), International Convention for the Prevention of Pollution From Ships, 1973 as modified by the Protocol of 1978 (“MARPOL”), International Convention for Safety of Life at Sea, 1974 (“SOLAS”), International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1995 (“STCW”), best practice recommendations from the Tanker Management Self Assessment (“TMSA”), the International Safety Guide for Oil Tankers and Terminals (“ISGOTT”), Society of International Gas Tanker and Terminal Operators (“SIGTTO”) and the Code Of Safe Working Practices (“COSWOP”);
(ii) a documented safe working procedures system within the SMS to address the Health Safety Security and Environment (“HSSE”) risks specific to the scope of work set out in this charter party and the management of controls to eliminate, reduce or mitigate these risks as low as reasonably practicable. Owners’ operations shall be certified, as a minimum to ISO:9001:2008;
(iii) a documented environmental management system to protect environmental resources by applying best available techniques in to minimise or, where possible, eliminate any direct or indirect impact from operations; Owners shall meet the requirements of ISO 14001;2004 14001:2004 or demonstrate that plans are in place to obtain this certification within the next twelve (12) months from the charter start date,.
(iv) Owners and Charterers shall undertake to create and operate a Ship Energy Efficiency Management Plan (SEEMP) that is in line with the operating protocol for all Charterers owned fleet which is managed by Ceres LNG Services Ltd., of Bermuda), in accordance with IMO MEPC.1MEPC.l/Circ.683, to establish a mechanism for the company and / or the vessel to continuously improve the efficiency of ship operations. A key component of the SEEMP, the Energy Efficiency Operational Indicator (EEOI), shall be calculated in accordance with IMO MEPC.1/Circ.684. This plan and EEOI performance index shall be shared with the Charterers to facilitate a dialogue to collaborate on continuously improving the efficiency of ship operations and reduction of harmful emissions throughout the charter period;.
(v) a documented accident/incident reporting system compliant with flag state requirements.
(p) Owners shall arrange at their expense for a Ship Inspection Report (SIRE) inspection to be carried out at intervals of six months plus or minus thirty days, subject to Vessel’s trading pattern and availability of surveyors. Upon delivery, Vessel shall have a SIRE report, if this is not possible then a non operational inspection will be permitted provided a further vetting inspection is carried out at the first available opportunity and is conducted during cargo operations.
(q) Owners shall ensure that all crew are provided an orientation training programme for the Vessel with training relevant under the SMS. Owners shall ensure that all subcontractors visiting the Vessel shall receive a briefing or information on the parts of the SMS relevant to their visit and comply with the Owners’ HSSE policies and procedures during the visit.
(r) Owners and Charterers shall discuss in good faith how the Vessel’s ballast water treatment system is fitted and operated in accordance with the International Convention for the Control and Management of Ships’ Ballast Water and Sediments and any additional national or local requirements that may be more stringent than the IMO requirements. The operation of this system shall not be the limiting factor for vessel loading or discharging times or any other vessel operation. Owners shall be allowed to take advantage of any IMO waivers that may be applicable in the fitting of such system.
(s) At Charterers sole election and cost, the Vessel shall have a continuous emissions monitoring system on all exhaust gas emissions from non-emergency equipment to measure NOx, SOx and CO2 emissions, which shall be operated and maintained to the IMO NOx Technical Code, EU and the USA EPA guidelines for exhaust stack emissions monitoring, and shall have a tamper-proof design as per MARPOL requirements.
(t) Owners shall take all necessary precautions and measures specific for piracy deterrence in piracy prone areas of the world. This shall include using reference material and industry guidelines such as OCIMF Best management Practices (BMP).
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