Off-Hire. (a) On each and every occasion that there is loss of time (whether by way of interruption in the Vessel's service or, from reduction in the Vessel's performance, or in any other manner whatsoever): (i) due to deficiency of personnel or stores; repairs; gas-freeing for repairs; time in and waiting to enter dry-dock for repairs; breakdown (whether partial or total) of machinery, boilers or other parts of the Vessel or her equipment (including without limitation tank coatings); overhaul, maintenance or survey; collision, stranding, accident or damage to the Vessel; or any other cause whatsoever preventing the efficient working of the Vessel; and such loss continues for more than three consecutive hours (if resulting from interruption in the Vessel's service) or cumulates to more than three hours (if resulting from partial loss of service); or (ii) due to industrial action, refusal to sail, breach of orders or neglect of duty on the part of the master, officers or crew; or (iii) for the purpose of obtaining medical advice or treatment for or landing any sick or injured person (other than a Charterers' representative carried under Clause 18 hereof) or for the purpose of landing the body of any person (other than a Charterers' representative), and such loss continues for more than three consecutive hours; or (iv) due to any delay in quarantine arising from the master, officers or crew having had communication with the shore at any infected area without the written consent or instructions of Charterers or their agents, or to any detention by customs or other authorities caused by smuggling or other infraction of local law on the part of the master, officers, or crew; or (v) due detention of the Vessel by authorities at home or abroad attributable to legal action against or breach of regulations by the Vessel, the Vessel's owners, or Owners (unless brought about by the act or neglect of Charterers); or (vi) due to pre-docking and repair procedure including warming, gas freeing and inerting; or (vii) due to scheduled dry-docking and maintenance, maintaining, overhauling, repairing or dry-docking the Vessel and submitting her for survey; waiting for any of the aforesaid purposes; proceeding to or from, and whilst at, any port or place for any of the aforesaid purposes; or (viii) due to post-docking or repair procedure including ine1ting, gassing and cooling in excess of that undertaken for normal loading; or (ix) due to attack and/ or seizure by pirates, subject to sub-clause 69(g); or (x) due to late arrival for allocated opening for canal transit when such late arrival is due to Owners' negligence or Vessel breakdown. Time lost to be counted until next available arrival window of the Vessel as stated by the canal authority; or (xi) due to any other circumstances where the Vessel is off-hire under this chatter, then without prejudice to Charterers' rights under Clause 3 or to any other rights of Charterers hereunder, or otherwise, the Vessel shall be off-hire from the commencement of such loss of time until she is again ready and in an efficient state to resume her service from a position not less favourable to Charterers than that at which such loss of time commenced; provided, however, that any service given or distance made good by the Vessel whilst off-hire shall be taken into account in assessing the amount to be deducted from hire. (b) If the Vessel fails to proceed at any Guaranteed Speed (as defined in Appendix C A1ticle 2 (a) (iv)) pursuant to Clause 26 and Appendix C, and such failure arises wholly or partly from any of the causes set out in Clause 22(a) above, then the following provisions shall apply: (i) if the Vessel is unable to maintain a speed of at least 85% of the Guaranteed Speed under Clause 26 in wind and sea state not exceeding Beauf01t force 5, Charterers shall have the option to place the Vessel off-hire but any distance made good by the Vessel whilst off-hire shall be taken into account in accordance with Clause 22(a); (ii) except where Charterers have placed the Vessel off-hire pursuant to Clause 22(b)(i), failure of the Vessel to proceed at any Guaranteed Speed shall be dealt with under Clause 26 and Appendix C and the Vessel will not be off-hire under Clause 22. (c) Further and without prejudice to the foregoing, in the event of the Vessel deviating (which expression includes without limitation putting back, or putting into any port other than that to which she is bound under the instructions of Charterers) for any cause or purpose mentioned in Clause 22 (a), the Vessel shall be off-hire from the commencement of such deviation until the time when she is again ready and in an efficient state to resume her service from a position not less favourable to Charterers than that at which the deviation commenced, provided, however, that any service given or distance made good by the Vessel whilst so off-hire shall be taken into account in assessing the amount to be deducted from hire. If the Vessel, for any cause or purpose mentioned in Clause 22 (a), puts into any port other than the port to which she is bound on the instructions of Charterers, the port charges, pilotage and other expenses at such port shall be borne by Owners. Should the Vessel be driven into any port or anchorage by stress of weather hire shall continue to be due and payable during any time lost thereby. (d) If the Vessel's flag state becomes engaged in hostilities, and Charterers in consequence of such hostilities find it commercially impracticable to employ the Vessel and have given Owners written notice thereof then from the date of receipt by Owners of such notice until the termination of such commercial impracticability the Vessel shall be off-hire and Owners shall have the right to employ the Vessel on their own account. (e) Time during which the Vessel is off-hire under this Charter shall count as part of the charter period except where Charterers declare their option to add off-hire periods under Clause 7 (j). (f) All references to "time" in this Charter party shall be references to local time except where otherwise stated. Calculation of Charter Period shall be based on GMT in case there is a time difference between delivery location and redelivery location. (i) If as a consequence of any cause or purpose mentioned in this Clause 22 or in Clause 16 (c), the Vessel presents for loading with tank temperatures other than that which would otherwise allow bulk loading to commence within 1/2 (half) an hour after cooling of the loading arms, any time lost as a consequence thereof, including without limitation any time lost in additional cooling of tanks prior to loading shall count as off-hire and the cost of any LNG supplied for such additional cooling shall be paid for by Owners at the LNG Price. (ii) If any LNG is lost as Boil-Off during periods of off-hire, Owners shall reimburse Charterers for the LNG lost at the LNG Price. Where accurate measurement of LNG lost as Boil-Off during any such off-hire period is impossible for whatever reason, the LNG lost as Boil-Off shall be assumed to have occurred at a constant rate equal to that obtained by measurement between official gaugings of the cargo in question in accordance with Appendix C Article 8 (b). Where, due to the off-hire occurring during a ballast passage, all LNG Heel is lost as Boil-Off prior to the Vessel next commencing to load, such Boil-Off shall be deemed to have occurred at a constant rate equal to that which occurred during the Vessel's last previous ballast voyage. (h) If the Cargo Capacity of the Vessel is reduced for any reasons, Charterers shall have the option of putting the Vessel off-hire or using the Vessel, in which case hire shall be reduced pro rata to the reduction in the Vessel's Cargo Capacity from the commencement of loading at the loading port until the Vessel is again ready to load at the next loading port without such reduction in capacity. (i) The Vessel shall additionally be off-hire as provided in this Clause 22 whenever there is loss of time: (i) as a result of a boycott arising in connection with the business of Owners, the terms or conditions of employment of Owners' servants, or employment, trades, or cargoes of the Vessel other than under this Charter; (ii) due to restraint or interference in the Vessel's operation by any governmental authority in connection with the ownership, registration, or obligations of Owners or the Vessel, or stowaways, or in connection with smuggling or other prohibited activities, unless such restraint or interference involves a cargo carried under this Charter, or Charterers themselves, or the shippers or receivers of such a cargo; or (iii) due to strikes, labour boycotts or any other discrimination/difficulties against the Vessel because of previous trade and/or the ownership and/or flag and/or officers and crew and/or officers and crews' employment conditions; Without prejudice to and subject to any other provisions in this charter to the contrary, including, for the avoidance of doubt, Clause 66 (Consequential Losses), all losses, damages and expenses directly or indirectly incurred thereby (including bunkers consumed) shall be for Owners' account. (j) In the event that the Vessel is off-hire for any reason other than in connection with periodical dry-docking pursuant to Clause 24 for any period in excess of forty (40) consecutive days or exceeding sixty (60) days in any period of one hundred and twenty (120) days, Charterers shall have the option to terminate this charter by giving notice in writing with effect from any date stated in such notice provided that the Vessel is free of cargo (other than LNG Heel) at the time when such notice becomes effective. This Clause 22(j) is without prejudice to any other rights or obligations of Owners or Charterers under this Charter. For the purposes of this Clause 22(j), in the event of partial loss of service, the period of off-hire shall be the total period during which the Vessel is not fully efficient rather than the resulting loss of time.
Appears in 2 contracts
Samples: LNG Time Charter Party (Golar LNG LTD), LNG Time Charter Party (Golar LNG Partners LP)
Off-Hire. (a) On each and every occasion that there is loss of time (whether by way of interruption in the Vesselvessel's service or, from reduction in the Vesselvessel's performance, or in any other manner whatsoever):manner)
(i) due Due to deficiency of personnel or stores; repairs; gas-gas- freeing for repairs; time in and waiting to enter dry-dry dock for repairs; breakdown (whether partial or total) of machinery, machinery boilers or other parts of the Vessel vessel or her equipment (including without limitation tank coatings); overhaul, maintenance or survey; collision, stranding, accident or damage to the Vesselvessel; or any other similar cause whatsoever preventing the efficient working of the Vesselvessel; and such loss continues for more than three consecutive hours (if resulting from interruption in the Vesselvessel's service) or cumulates to more than three hours (if resulting from partial loss of service); or
(ii) due Due to industrial action, refusal to sail, breach of orders or neglect of duty on the part of the master, officers or crew; or;
(iii) for For the purpose of obtaining medical advice or treatment for or landing Landing any sick or injured person (other than a Chartererscharterers' representative carried under Clause 18 clause 17 hereof) or for the purpose of landing the body of any person (other than a Chartererscharterers' representative), and such loss continues for more than three consecutive hours; or;
(iv) due Due to any delay in quarantine arising from the master, officers or crew having had communication with the shore at any infected area without the written consent or instructions of Charterers charterers or their agents, or to any detention by customs or other authorities caused by smuggling or other infraction of local law on the part of the master, officers, or crew; or;
(v) due Due to detention of the Vessel vessel by authorities at home or abroad attributable to legal action against or breach of regulations by the Vesselvessel, the Vesselvessel's owners, or Owners owners (unless brought about by the act or neglect of Chartererscharterers); or
(vi) due to pre-docking and repair procedure including warming, gas freeing and inertingthen; or
(vii) due to scheduled dry-docking and maintenance, maintaining, overhauling, repairing or dry-docking the Vessel and submitting her for survey; waiting for any of the aforesaid purposes; proceeding to or from, and whilst at, any port or place for any of the aforesaid purposes; or
(viii) due to post-docking or repair procedure including ine1ting, gassing and cooling in excess of that undertaken for normal loading; or
(ix) due to attack and/ or seizure by pirates, subject to sub-clause 69(g); or
(x) due to late arrival for allocated opening for canal transit when such late arrival is due to Owners' negligence or Vessel breakdown. Time lost to be counted until next available arrival window of the Vessel as stated by the canal authority; or
(xi) due to any other circumstances where the Vessel is off-hire under this chatter, then without prejudice to Chartererscharterers' rights under Clause clause 3 or to any other rights of Charterers charterers hereunder, or otherwise, the Vessel vessel shall be off-hire from the commencement of such loss of time until she is again ready and in an efficient state to resume her service from a position geographical not less favourable to Charterers charterers than that at which such loss of time commenced; provided, however, that any service given or distance made good by the Vessel vessel whilst off-hire shall be taken into account in assessing the amount to be deducted from hire.
(b) If the Vessel fails to proceed at any Guaranteed Speed (as defined in Appendix C A1ticle 2 (a) (iv)) pursuant to Clause 26 and Appendix C, and such failure arises wholly or partly from any of the causes set out in Clause 22(a) above, then the following provisions shall apply:
(i) if the Vessel is unable to maintain a speed of at least 85% of the Guaranteed Speed under Clause 26 in wind and sea state not exceeding Beauf01t force 5, Charterers shall have the option to place the Vessel off-hire but any distance made good by the Vessel whilst off-hire shall be taken into account in accordance with Clause 22(a);
(ii) except where Charterers have placed the Vessel off-hire pursuant to Clause 22(b)(i), failure of the Vessel to proceed at any Guaranteed Speed shall be dealt with under Clause 26 and Appendix C and the Vessel will not be off-hire under Clause 22.
(c) Further and without prejudice to the foregoing, in the event of the Vessel vessel deviating (which expression includes without limitation putting back, or putting into any port other than that to which she is bound under the instructions of Chartererscharterers) for any cause or purpose mentioned in Clause 22 (aclause 21(a), the Vessel vessel shall be off-hire from the commencement of such deviation until the time when she is again ready and in an efficient state to resume her service from a position not less favourable to Charterers charterers than that at which the deviation commenced, provided, however, that any service given or distance made good by the Vessel vessel whilst so off-hire shall be taken into account in assessing the amount to be deducted from hire. If if the Vesselvessel, for any cause or purpose mentioned in Clause 22 clause 21 (a), puts into any port other than the port to which she is bound on the instructions of Chartererscharterers, the port charges, pilotage and other expenses at such port shall be borne by Ownersowners. Should the Vessel vessel be driven into any port or anchorage by stress of weather hire shall continue to be due and payable during any time lost thereby.
(dc) If the Vesselvessel's flag state becomes engaged in hostilities, and Charterers charterers in consequence of such hostilities find it commercially impracticable to employ the Vessel vessel and have given Owners owners written notice thereof then from the date of receipt by Owners owners of such notice until the termination of such commercial impracticability the Vessel vessel shall be off-hire and Owners owners shall have the right to employ the Vessel vessel on their own account.
(ed) Time during which the Vessel vessel is off-hire under this Charter charter shall count as part of the charter period except where Charterers charterers declare their option to add off-hire periods under Clause 7 clause 4 (jb).
(fe) All references to "“time" ” in this Charter charter party shall be references to local time except where otherwise stated. Calculation of Charter Period shall be based on GMT in case there is a time difference between delivery location and redelivery location.
(i) If as a consequence of any cause or purpose mentioned in this Clause 22 or in Clause 16 (c), the Vessel presents for loading with tank temperatures other than that which would otherwise allow bulk loading to commence within 1/2 (half) an hour after cooling of the loading arms, any time lost as a consequence thereof, including without limitation any time lost in additional cooling of tanks prior to loading shall count as off-hire and the cost of any LNG supplied for such additional cooling shall be paid for by Owners at the LNG Price.
(ii) If any LNG is lost as Boil-Off during periods of off-hire, Owners shall reimburse Charterers for the LNG lost at the LNG Price. Where accurate measurement of LNG lost as Boil-Off during any such off-hire period is impossible for whatever reason, the LNG lost as Boil-Off shall be assumed to have occurred at a constant rate equal to that obtained by measurement between official gaugings of the cargo in question in accordance with Appendix C Article 8 (b). Where, due to the off-hire occurring during a ballast passage, all LNG Heel is lost as Boil-Off prior to the Vessel next commencing to load, such Boil-Off shall be deemed to have occurred at a constant rate equal to that which occurred during the Vessel's last previous ballast voyage.
(h) If the Cargo Capacity of the Vessel is reduced for any reasons, Charterers shall have the option of putting the Vessel off-hire or using the Vessel, in which case hire shall be reduced pro rata to the reduction in the Vessel's Cargo Capacity from the commencement of loading at the loading port until the Vessel is again ready to load at the next loading port without such reduction in capacity.
(i) The Vessel shall additionally be off-hire as provided in this Clause 22 whenever there is loss of time:
(i) as a result of a boycott arising in connection with the business of Owners, the terms or conditions of employment of Owners' servants, or employment, trades, or cargoes of the Vessel other than under this Charter;
(ii) due to restraint or interference in the Vessel's operation by any governmental authority in connection with the ownership, registration, or obligations of Owners or the Vessel, or stowaways, or in connection with smuggling or other prohibited activities, unless such restraint or interference involves a cargo carried under this Charter, or Charterers themselves, or the shippers or receivers of such a cargo; or
(iii) due to strikes, labour boycotts or any other discrimination/difficulties against the Vessel because of previous trade and/or the ownership and/or flag and/or officers and crew and/or officers and crews' employment conditions; Without prejudice to and subject to any other provisions in this charter to the contrary, including, for the avoidance of doubt, Clause 66 (Consequential Losses), all losses, damages and expenses directly or indirectly incurred thereby (including bunkers consumed) shall be for Owners' account.
(j) In the event that the Vessel is off-hire for any reason other than in connection with periodical dry-docking pursuant to Clause 24 for any period in excess of forty (40) consecutive days or exceeding sixty (60) days in any period of one hundred and twenty (120) days, Charterers shall have the option to terminate this charter by giving notice in writing with effect from any date stated in such notice provided that the Vessel is free of cargo (other than LNG Heel) at the time when such notice becomes effective. This Clause 22(j) is without prejudice to any other rights or obligations of Owners or Charterers under this Charter. For the purposes of this Clause 22(j), in the event of partial loss of service, the period of off-hire shall be the total period during which the Vessel is not fully efficient rather than the resulting loss of time.
Appears in 2 contracts
Samples: Time Charter, Time Charter Party
Off-Hire. (a) On each and every occasion that there is loss of time or unavailability of the Vessel to Charterers (whether by way of interruption in the Vessel's ’s service or, from reduction in the Vessel's ’s performance, or in any other manner whatsoever):
(i) due to deficiency of personnel or stores; repairs; gas-freeing for repairs; time in and waiting to enter dry-dock for repairs; breakdown (whether partial or total) of machinery, boilers or other parts of the Vessel or her equipment (including without limitation tank coatings); overhaul, maintenance or survey; collision, stranding, accident or damage to the Vessel; or any other cause whatsoever preventing the efficient working of the Vessel; and such loss or unavailability continues for more than three six (6) consecutive hours (if resulting from interruption in the Vessel's ’s service) or cumulates to more than three six (6) hours (if resulting from partial loss of service); or
(ii) due to industrial action, refusal to sail, breach of orders or neglect of duty on the part of the master, officers or crew; or
(iii) for the purpose of obtaining medical advice or treatment for or landing any sick or injured person (other than a Charterers' ’ representative carried under Clause 18 hereof) or for the purpose of landing the body of any person (other than a Charterers' ’ representative), and such loss continues for more than three six (6) consecutive hours; or
(iv) due to any delay in quarantine arising from the master, officers or crew having had communication with the shore at any infected area without the written consent or instructions of Charterers or their agents, or to any detention by customs or other authorities caused by smuggling or other infraction of local law on the part of the master, officers, or crew; or
(v) due to detention of the Vessel by authorities at home or abroad attributable to legal action against or breach of regulations by the Vessel, the Vessel's owners, or Owners (unless brought about by the act or neglect of Charterers); or
(vi) due to pre-docking and repair procedure including warming, gas freeing and inertinginerting post arrival at the dry-dock port; or
(vii) due to scheduled dry-docking and maintenance, maintaining, overhauling, repairing or dry-docking the Vessel and submitting her for survey; waiting for any of the aforesaid purposes; proceeding to or from, and whilst at, any port or place for any of the aforesaid purposes; or
(viii) due to post-docking or repair procedure including ine1tinginerting, if such inerting is undertaken prior to sailing from the dry-dock port, gassing and cooling in excess of that undertaken for normal loading; or
(ix) due to attack and/ or seizure by pirates, subject to subany other circumstances where the Vessel is off-clause 69(g)hire under this Charter; or
(x) due to late arrival for allocated opening for canal transit when such late arrival is due to Owners' ’ negligence or Vessel breakdown. Time lost to be counted until next available arrival window of the Vessel as stated by the canal authority; or
(xi) due to any other circumstances where the Vessel is off-hire under this chatter, or then without prejudice to Charterers' ’ rights under Clause 3 or to any other rights of Charterers hereunder, or otherwise, the Vessel shall be off-hire from the commencement of such loss of time until she is again ready and in an efficient state to resume her service from a position not less favourable to Charterers than that at which such loss of time commenced; provided, however, that any service given or distance made good by the Vessel whilst off-hire shall be taken into account in assessing the amount to be deducted from hire.
(b) If the Vessel fails to proceed at any Guaranteed Speed (as defined in Appendix C A1ticle Article 2 (a) (iv)) pursuant to Clause 26 and Appendix C, and such failure arises wholly or partly from any of the causes set out in Clause 22(a) above, then the following provisions shall apply:
(i) if the Vessel is unable to maintain a speed of at least 85% of the Guaranteed Speed under Clause 26 in wind and sea state not exceeding Beauf01t Beaufort force 5, Charterers shall have the option to place the Vessel off-hire but any distance made good by the Vessel whilst off-hire shall be taken into account in accordance with Clause 22(a);
(ii) except where Charterers have placed the Vessel off-hire pursuant to Clause 22(b)(i), failure of the Vessel to proceed at any Guaranteed Speed shall be dealt with under Clause 26 and Appendix C and the Vessel will not be off-hire under Clause 22.
(c) Further and without prejudice to the foregoing, in the event of the Vessel deviating (which expression includes without limitation putting back, or putting into any port other than that to which she is bound under the instructions of Charterers) for any cause or purpose mentioned in Clause 22 (a), the Vessel shall be off-hire from the commencement of such deviation until the time when she is again ready and in an efficient state to resume her service from a position not less favourable to Charterers than that at which the deviation commenced, provided, however, that any service given or distance made good by the Vessel whilst so off-hire shall be taken into account in assessing the amount to be deducted from hire. If the Vessel, for any cause or purpose mentioned in Clause 22 (a), puts into any port other than the port to which she is bound on the instructions of Charterers, the port charges, pilotage and other expenses at such port shall be borne by Owners. Should the Vessel be driven into any port or anchorage by stress of weather hire shall continue to be due and payable during any time lost thereby.
(d) If the Vessel's ’s flag state becomes engaged in hostilities, and Charterers in consequence of such hostilities find it commercially impracticable to employ the Vessel and have given Owners Owners’ written notice thereof then from the date of receipt by Owners of such notice until the termination of such commercial impracticability the Vessel shall be off-hire and Owners shall have the right to employ the Vessel on their own account.
(e) Time during which the Vessel is off-hire under this Charter shall count as part of the charter period except where Charterers declare their option to add off-hire periods under Clause 7 4 (jb).
(f) All references to "“time" ” in this Charter party shall be references to local time except where otherwise stated. Calculation of Charter Period shall be based on GMT in case there is a time difference between delivery location and redelivery location.
(i) If as a consequence of any cause or purpose mentioned in this Clause 22 or in Clause 16 (c), the Vessel presents for loading with tank temperatures other than that which would otherwise allow bulk loading to commence within 1/2 (half) an hour after cooling of the loading arms, any time lost as a consequence thereof, including without limitation any time lost in additional cooling of tanks prior to loading shall count as off-hire and the cost of any LNG supplied for such additional cooling shall be paid for by Owners at the LNG Price.
(ii) If any LNG is lost as Boil-Off during periods of off-hire, Owners shall reimburse Charterers for the LNG lost at the LNG Price, less any Boil-off consumed in distance made good during the off-hire period by Owners. Where accurate measurement of LNG lost as Boil-Off during any such off-hire period is impossible for whatever reason, the LNG lost as Boil-Off shall be assumed to have occurred at a constant rate equal to that obtained by measurement between official gaugings of the cargo in question in accordance with Appendix C Article 8 (b). Where, due to the off-hire occurring during a ballast passage, all LNG Heel is lost as Boil-Off prior to the Vessel next commencing to load, such Boil-Off shall be deemed to have occurred at a constant rate equal to that which occurred during the Vessel's ’s last previous ballast voyage.
(h) If the Cargo Capacity cargo capacity of the Vessel is reduced for any reasons, Charterers shall have the option of putting the Vessel off-hire or using the Vessel, in which case hire shall be reduced pro rata to the reduction in the Vessel's Cargo Capacity ’s cargo capacity from the commencement of loading at the loading port until the Vessel is again ready to load at the next loading port without such reduction in capacity. Notwithstanding the option granted to Charterers by the foregoing and subject to Chatterers’ need for transportation, Charterers may agree (such agreement not to be unreasonably withheld) to allow Owners to repair the tanks of the Vessel at the earliest opportunity.
(i) The Vessel shall additionally be off-hire as provided in this Clause 22 whenever there is loss of time:
(i) as a result of a boycott arising in connection with the business of Owners, the terms or conditions of employment of Owners' ’ servants, or employment, trades, or cargoes of the Vessel other than under this Charter;
(ii) due to restraint or interference in the Vessel's ’s operation by any governmental authority in connection with the ownership, registration, or obligations of Owners or the Vessel, or stowaways, or in connection with smuggling or other prohibited activities, unless such restraint or interference involves a cargo carried under this Charter, or Charterers themselves, or the shippers or receivers of such a cargo; or
(iii) due to strikes, labour boycotts or any other discrimination/difficulties against the Vessel because of Owners and/or their affiliates’ previous trade and/or the ownership and/or flag and/or officers and crew and/or officers and crews' ’ employment conditions; Without prejudice to and subject to any other provisions in this charter to the contrary, including, for the avoidance of doubt, Clause 66 (Consequential Losses), all losses, damages and expenses directly or indirectly incurred thereby (including bunkers consumed) shall be for Owners' ’ account.
(j) In the event that the Vessel is off-hire for any reason other than in connection with periodical dry-docking pursuant to Clause 24 for any period in excess of forty (40) consecutive days or exceeding sixty (60) days in any period of one hundred and twenty (120) days, Charterers shall have the option to terminate this charter by giving notice in writing with effect from any date stated in such notice provided that the Vessel is free of cargo (other than LNG Heel) at the time when such notice becomes effective. This Clause 22(j) is without prejudice to any other rights or obligations of Owners or Charterers under this Charter. For the purposes of this Clause 22(j), in the event of partial loss of service, the period of off-hire shall be the total period during which the Vessel is not fully efficient rather than the resulting loss of time.
Appears in 1 contract
Off-Hire. (a) On each and every occasion that there is loss of time (whether by way of interruption in the Vessel's service or’s service, from reduction in the Vessel's ’s performance, or in any other manner whatsoevermanner):
(i) due to deficiency of personnel or stores; repairs; gas-freeing for repairs; time in and waiting to enter dry-dry dock for repairs; breakdown (whether partial or total) of machinery, boilers or other parts of the Vessel or her equipment (including without limitation tank coatings); overhaul, maintenance or survey; collision, stranding, accident or damage to the Vessel; or from any other similar cause whatsoever preventing which prevents the efficient working of the Vessel; and such loss continues for more than three (3) consecutive hours (if resulting from interruption in the Vessel's ’s service) or cumulates to more than three (3) hours (if resulting from partial loss of service); or;
(ii) due to industrial action, refusal to sail, breach of orders or neglect of duty on the part of the masterMaster, officers or crew; or;
(iii) for the purpose of obtaining medical advice or treatment for or landing any sick or injured person (other than a Charterers' Charterer’s representative carried under Clause 18 hereof22) or for the purpose of landing the body of any person (other than a Charterers' Charterer’s representative), and such loss continues for more than three (3) consecutive hours; or;
(iv) due to any delay in quarantine arising from the masterMaster, officers or crew having had communication with the shore at any infected area without the written consent or instructions of Charterers Charterer or their its agents, or to any detention by customs or other authorities caused by smuggling or other infraction of local law on the part of the masterMaster, officers, or crew; or;
(v) due to detention of the Vessel by authorities at home or abroad attributable to legal action against or breach of regulations by the Vessel, the Vessel's owners, or Owners Owner (unless brought about by the act or neglect of CharterersCharterer); or;
(vi) due to pre-docking and repair procedure including warming, gas freeing and inerting; or;
(vii) due to scheduled dry-dry docking and maintenance, maintaining, overhauling, repairing or dry-dry docking the Vessel and submitting her for survey; waiting for any of the aforesaid purposes; proceeding to or from, and whilst at, any port or place for any of the aforesaid purposes; or;
(viii) due to post-docking or repair procedure including ine1tinginerting, gassing and cooling in excess of that undertaken for normal loading; or
(ix) due to attack and/ or seizure by pirates, subject to sub-clause 69(g); or
(x) due to late arrival for allocated opening for canal transit when such late arrival is due to Owners' negligence or Vessel breakdown. Time lost to be counted until next available arrival window of the Vessel as stated by the canal authority; or
(xi) due to any other circumstances where the Vessel is off-off hire under this chatterTime Charter Party, then without prejudice to Charterers' Charterer’s rights under Clause 3 or to any other rights provision of Charterers hereunder, this Time Charter Party or otherwise, the Vessel shall be off-hire off hire, and Hire shall not be payable, from the commencement of such loss of time until she is again ready and in an efficient state to resume her service from a position not less favourable to Charterers Charterer than that at which such loss of time commenced; provided, however, that any service given or distance made good by the Vessel whilst off-off hire shall be taken into account in assessing the amount to be deducted from hireHire.
(b) If the Vessel fails to proceed at any Guaranteed Speed (as defined in Appendix C A1ticle 2 (a) (iv)) pursuant to Clause 26 29 and Appendix C, and such failure arises wholly or partly from any of the causes set out in Clause 22(a) above25(a), then the following provisions shall apply:
(i) if the Vessel is unable to maintain a speed of at least eighty five percent (85% %) of the Guaranteed Speed under Clause 26 29 in wind and sea state not exceeding Beauf01t force Beaufort Force 5, Charterers provided that none of the Restricted Periods are applicable, Charterer shall have the option to place the Vessel off-off hire but any and Hire shall not be payable during the period that the Vessel is off hire. Any distance made good by the Vessel whilst off-off hire shall be taken into account in accordance with Clause 22(a)assessing the amount to be deducted from Hire;
(ii) except where Charterers have Charterer has placed the Vessel off-off hire pursuant to Clause 22(b)(i25(b)(i), failure of the Vessel to proceed at any Guaranteed Speed shall be dealt with under Clause 26 29 and Appendix C and the Vessel will not be off-off hire under this Clause 2225.
(c) Further and without prejudice to the foregoing, in the event of the Vessel deviating (which expression includes without limitation putting back, or putting into any port other than that to which she is bound under the instructions of CharterersCharterer) for any cause or purpose mentioned in Clause 22 (a25(a), the Vessel shall be off-off hire and Hire shall not be payable from the commencement of such deviation until the time when she is again ready and in an efficient state to resume her service from a position not less favourable to Charterers Charterer than that at which the deviation commenced, provided, however, that any service given or distance made good by the Vessel whilst so off-off hire shall be taken into account in assessing the amount to be deducted from hireHire. If the Vessel, for any cause or purpose mentioned in Clause 22 (a25(a), puts into any port other than the port to which she is bound on the instructions of CharterersCharterer, the port charges, pilotage and other expenses at such port shall be borne by OwnersOwner. Should the Vessel be driven into any port or anchorage by stress of weather hire weather, Hire shall continue to be due and payable during any time lost thereby.
(d) Provided that the approval of Charterer has first been obtained, which approval shall not be unreasonably withheld, Owner undertakes that all cleaning of boilers and overhauling of engines (“Maintenance and Repair”) shall be carried out as far as safe and possible concurrently with performance of the services provided under this Time Charter Party. Any time lost with the Maintenance and Repair shall be considered off-hire. Owner shall immediately inform Charterer of any delays to the redelivery of the Vessel as a result of the Maintenance and Repair.
(e) If the Vessel's ’s flag state becomes engaged in hostilities, and Charterers Charterer in consequence of such hostilities find finds it commercially impracticable to employ the Vessel and have has given Owners Owner written notice thereof then from the date of receipt by Owners Owner of such notice until the termination of such commercial impracticability the Vessel shall be off-off hire and Owners Hire shall not be payable, and Owner shall have the right to employ the Vessel on their its own account.
(ef) Time during which the Vessel is off-off hire under this Time Charter Party shall count as part of the charter period Charter Period except where Charterers declare their option Charterer exercises the Off Hire Extension Option pursuant to add off-hire periods under Clause 7 (j6(c).
(f) All references to "time" in this Charter party shall be references to local time except where otherwise stated. Calculation of Charter Period shall be based on GMT in case there is a time difference between delivery location and redelivery location.
(ig) If as a consequence of any cause or purpose mentioned in this Clause 22 25 or in Clause 16 (c20(c), the Vessel presents for loading with tank temperatures other than that which would otherwise allow bulk loading to commence within 1/2 thirty (half30) an hour minutes after cooling of the loading arms, any time lost as a consequence thereof, including without limitation any time lost in additional cooling of tanks prior to loading shall count as off-hire off hire, Hire shall not be payable during that time and the cost of any LNG supplied for such additional cooling shall be paid for by Owners Owner at the LNG Price.
(iih) If any LNG is lost as Boil-Off during periods of off-off hire, Owners Owner shall reimburse Charterers Charterer for the LNG lost at the LNG Price. Where accurate measurement of LNG lost as Boil-Off during any such off-off hire period is impossible for whatever reason, the LNG lost as Boil-Off shall be assumed to have occurred at a constant rate equal to that obtained by measurement between official gaugings of the cargo in question in accordance with Appendix C Article 8 (b8(b). Where, due to the off-off hire occurring during a ballast passage, all LNG Heel is lost as Boil-Off prior to the Vessel next commencing to load, such Boil-Off shall be deemed to have occurred at a constant rate equal to that which occurred during the Vessel's ’s last previous ballast voyage.
(h) If the Cargo Capacity of the Vessel is reduced for any reasons, Charterers shall have the option of putting the Vessel off-hire or using the Vessel, in which case hire shall be reduced pro rata to the reduction in the Vessel's Cargo Capacity from the commencement of loading at the loading port until the Vessel is again ready to load at the next loading port without such reduction in capacity.
(i) The Vessel shall additionally be off-hire as provided in this Clause 22 whenever there is loss of time:
(i) as a result of a boycott arising in connection with the business of Owners, the terms or conditions of employment of Owners' servants, or employment, trades, or cargoes of the Vessel other than under this Charter;
(ii) due to restraint or interference in the Vessel's operation by any governmental authority in connection with the ownership, registration, or obligations of Owners or the Vessel, or stowaways, or in connection with smuggling or other prohibited activities, unless such restraint or interference involves a cargo carried under this Charter, or Charterers themselves, or the shippers or receivers of such a cargo; or
(iii) due to strikes, labour boycotts or any other discrimination/difficulties against the Vessel because of previous trade and/or the ownership and/or flag and/or officers and crew and/or officers and crews' employment conditions; Without prejudice to and subject to any other provisions in this charter to the contrary, including, for the avoidance of doubt, Clause 66 (Consequential Losses), all losses, damages and expenses directly or indirectly incurred thereby (including bunkers consumed) shall be for Owners' account.
(j) In the event that the Vessel is off-off hire for any reason other than in connection with periodical dry-dry docking pursuant to Clause 24 27 for any period in excess of forty ninety (4090) consecutive days or exceeding sixty (60) ***** days in any period of one three hundred and twenty sixty five (120365) days, Charterers Charterer shall have the option to terminate this charter Time Charter Party by giving written notice in writing with effect from any date stated in such notice provided that the Vessel is free of cargo (other than LNG Heel) at the time when such notice becomes effective. This Clause 22(j25(i) is without prejudice to any other rights or obligations of Owners Owner or Charterers Charterer under this CharterTime Charter Party. For the purposes of this Clause 22(j25(i), in the event of partial loss of service, the period of off-off hire shall be the total period during which the Vessel is not fully efficient efficient, rather than the resulting loss of time.
Appears in 1 contract
Off-Hire. (a) On each and every occasion that there is loss of time or when the Vessel is unavailable to Charterers (whether by way of interruption in the Vessel's ’s service or, from reduction in the Vessel's ’s performance, or in any other manner whatsoever):
(i) due to deficiency of personnel or stores; repairs; gas-freeing for repairs; time in and waiting to enter dry-dock for repairs; breakdown (whether partial or total) of machinery, boilers or other parts of the Vessel or her equipment (including without limitation tank coatings); overhaul, maintenance or survey; collision, stranding, accident or damage to the Vessel; or any other cause whatsoever preventing the efficient working of the Vessel; and such loss or unavailability continues for more than three six (6) consecutive hours (if resulting from interruption in the Vessel's ’s service) or cumulates to more than three six (6) hours (if resulting from partial loss of service); or
(ii) due to industrial action, refusal to sail, breach of orders or neglect of duty on the part of the master, officers or crew; or
(iii) for the purpose of obtaining medical advice or treatment for or landing any sick or injured person (other than a Charterers' ’ representative carried under Clause 18 hereof) or for the purpose of landing the body of any person (other than a Charterers' ’ representative), and such loss continues for more than three six (6) consecutive hours; or
(iv) due to any delay in quarantine arising from the master, officers or crew having had communication with the shore at any infected area without the written consent or instructions of Charterers or their agents, or to any detention by customs or other authorities caused by smuggling or other infraction of local law on the part of the master, officers, or crew; or
(v) due to detention of the Vessel by authorities at home or abroad attributable to legal action against or breach of regulations by the Vessel, the Vessel's owners, or Owners (unless brought about by the act or neglect of Charterers); or
(vi) due to pre-docking and repair procedure including warming, gas freeing and inertinginerting post arrival at the dry-dock port; or
(vii) due to scheduled dry-docking and maintenance, maintaining, overhauling, repairing or dry-docking the Vessel and submitting her for survey; waiting for any of the aforesaid purposes; proceeding to or from, and whilst at, any port or place for any of the aforesaid purposes; or
(viii) due to post-docking or repair procedure including ine1tinginerting, if such inerting is undertaken prior to sailing from the dry-dock port, gassing and cooling in excess of that undertaken for normal loading; or
(ix) due to attack and/ or seizure by pirates, subject to subany other circumstances where the Vessel is off-clause 69(g)hire under this Charter; or
(x) due to late arrival for allocated opening for canal transit when such late arrival is due to Owners' ’ negligence or Vessel breakdown. Time lost to be counted until next available arrival window of the Vessel as stated by the canal authority; or
(xi) due to any other circumstances where the Vessel is off-hire under this chatter, breakdown then without prejudice to Charterers' ’ rights under Clause 3 or to any other rights of Charterers hereunder, or otherwise, the Vessel shall be off-hire from the commencement of such loss of time until she is again ready and in an efficient state to resume her service from a position not less favourable to Charterers than that at which such loss of time commenced; provided, however, that any service given or distance made good by the Vessel whilst off-hire shall be taken into account in assessing the amount to be deducted from hire.
(b) If the Vessel fails to proceed at any Guaranteed Speed (as defined in Appendix C A1ticle Article 2 (a) (iv)) pursuant to Clause 26 and Appendix C, and such failure arises wholly or partly from any of the causes set out in Clause 22(a) above, then the following provisions shall apply:
(i) if the Vessel is unable to maintain a speed of at least 85% of the Guaranteed Speed under Clause 26 in wind and sea state not exceeding Beauf01t Beaufort force 5, Charterers shall have the option to place the Vessel off-hire but any distance made good by the Vessel whilst off-hire shall be taken into account in accordance with Clause 22(a);
(ii) except where Charterers have placed the Vessel off-hire pursuant to Clause 22(b)(i), failure of the Vessel to proceed at any Guaranteed Speed shall be dealt with under Clause 26 and Appendix C and the Vessel will not be off-hire under Clause 22.
(c) Further and without prejudice to the foregoing, in the event of the Vessel deviating (which expression includes without limitation putting back, or putting into any port other than that to which she is bound under the instructions of Charterers) for any cause or purpose mentioned in Clause 22 (a), the Vessel shall be off-hire from the commencement of such deviation until the time when she is again ready and in an efficient state to resume her service from a position not less favourable to Charterers than that at which the deviation commenced, provided, however, that any service given or distance made good by the Vessel whilst so off-hire shall be taken into account in assessing the amount to be deducted from hire. If the Vessel, for any cause or purpose mentioned in Clause 22 (a), puts into any port other than the port to which she is bound on the instructions of Charterers, the port charges, pilotage and other expenses at such port shall be borne by Owners. Should the Vessel be driven into any port or anchorage by stress of weather hire shall continue to be due and payable during any time lost thereby.
(d) If the Vessel's ’s flag state becomes engaged in hostilities, and Charterers in consequence of such hostilities find it commercially impracticable to employ the Vessel and have given Owners Owners’ written notice thereof then from the date of receipt by Owners of such notice until the termination of such commercial impracticability the Vessel shall be off-hire and Owners shall have the right to employ the Vessel on their own account.
(e) Time during which the Vessel is off-hire under this Charter shall count as part of the charter period except where Charterers declare their option to add off-hire periods under Clause 7 4 (jb).
(f) All references to "“time" ” in this Charter party shall be references to local time except where otherwise stated. Calculation of Charter Period shall be based on GMT in case there is a time difference between delivery location and redelivery location.
(i) If as a consequence of any cause or purpose mentioned in this Clause 22 or in Clause 16 (c), the Vessel presents for loading with tank temperatures other than that which would otherwise allow bulk loading to commence within 1/2 (half) an hour after cooling of the loading arms, any time lost as a consequence thereof, including without limitation any time lost in additional cooling of tanks prior to loading shall count as off-hire and the cost of any LNG supplied for such additional cooling shall be paid for by Owners at the LNG Price.
(ii) If any LNG is lost as Boil-Off during periods of off-hire, Owners shall reimburse Charterers for the LNG lost at the LNG Price, less any Boil-off consumed in distance made good during the off-hire period by Owners. Where accurate measurement of LNG lost as Boil-Off during any such off-hire period is impossible for whatever reason, the LNG lost as Boil-Off shall be assumed to have occurred at a constant rate equal to that obtained by measurement between official gaugings of the cargo in question in accordance with Appendix C Article 8 (b). Where, due to the off-hire occurring during a ballast passage, all LNG Heel is lost as Boil-Off prior to the Vessel next commencing to load, such Boil-Off shall be deemed to have occurred at a constant rate equal to that which occurred during the Vessel's ’s last previous ballast voyage.
(h) If the Cargo Capacity cargo capacity of the Vessel is reduced for any reasons, Charterers shall have the option of putting the Vessel off-hire or using the Vessel, in which case hire shall be reduced pro rata to the reduction in the Vessel's Cargo Capacity ’s cargo capacity from the commencement of loading at the loading port until the Vessel is again ready to load at the next loading port without such reduction in capacity. Notwithstanding the option granted to Charterers by the foregoing and subject to Charterers’ need for transportation, Charterers may agree (such agreement not to be unreasonably withheld) to allow Owners to repair the tanks of the Vessel at the earliest opportunity.
(i) The Vessel shall additionally be off-hire as provided in this Clause 22 whenever there is loss of time:
(i) as a result of a boycott arising in connection with the business of Owners, the terms or conditions of employment of Owners' ’ servants, or employment, trades, or cargoes of the Vessel other than under this Charter;
(ii) due to restraint or interference in the Vessel's ’s operation by any governmental authority in connection with the ownership, registration, or obligations of Owners or the Vessel, or stowaways, or in connection with smuggling or other prohibited activities, unless such restraint or interference involves a cargo carried under this Charter, or Charterers themselves, or the shippers or receivers of such a cargo; or
(iii) due to strikes, labour boycotts or any other discrimination/difficulties against the Vessel because of Owners and/or their affiliates’ previous trade and/or the ownership and/or flag and/or officers and crew and/or officers and crews' ’ employment conditions; Without prejudice to and subject to any other provisions in this charter to the contrary, including, for the avoidance of doubt, Clause 66 (Consequential Losses), all losses, damages and expenses directly or indirectly incurred thereby (including bunkers consumed) shall be for Owners' ’ account.
(j) In the event that the Vessel is off-hire for any reason other than in connection with periodical dry-docking pursuant to Clause 24 for any period in excess of forty ninety (4090) consecutive days or exceeding sixty ninety (6090) days in any period of one three hundred and twenty sixty five (120365) days, Charterers shall have the option to terminate this charter Charter by giving notice in writing with effect from any date stated in such notice provided that the Vessel is free of cargo (other than LNG Heel) at such date. If the time when Vessel is not free of cargo (other than LNG Heel) at such date then the notice becomes effectiveshall be deemed to be effective on the next date that the Vessel is free of cargo (other than LNG Heel). This Clause 22(j) is without prejudice to any other rights or obligations of Owners or Charterers under this Charter. For the purposes of this Clause 22(j), in the event of partial loss of service, the period of off-hire shall be the total period during which the Vessel is not fully efficient rather than the resulting loss of time.
(k) Notwithstanding any other provision of this Charter, the Charterers shall not be precluded, prevented or estopped from relying on, enforcing and enjoying the full benefit of any provision of this Charter concerning the condition or performance of the Vessel, including but not limited to any provision resulting in the Vessel being placed off-hire, by virtue of the fact that a breach or triggering of such provision occurred directly or indirectly as a result of the status or condition of the Vessel prior to delivery to the Charterers.
Appears in 1 contract
Off-Hire. (a) On each and every occasion that there is loss of time (whether by way of interruption in the Vessel's vessel’s service or, from reduction in the Vessel's vessel’s performance, or in any other manner whatsoever):manner)
(i) due to deficiency of personnel or stores; , repairs; gas-freeing for repairs; time in and waiting to enter dry-dock for repairs; breakdown (whether partial or total) of machinery, boilers or other parts of the Vessel vessel or her equipment (including without limitation tank coatings); equipment, overhaul, maintenance or survey; collision, stranding, accident or damage to the Vesselvessel; or any other similar cause whatsoever preventing the efficient working of the Vessel; and such loss continues for more than three consecutive hours (if resulting from interruption in the Vessel's service) or cumulates to more than three hours (if resulting from partial loss of service)vessel; or
(ii) due to industrial action, strike, refusal to sail, breach of orders or neglect of duty on the part of the master, officers or and crew; or
(iii) for the purpose of obtaining medical advice or treatment for or landing any sick or injured person (other than a Charterers' ’ representative carried under Clause 18 hereof) or for the purpose of landing the body of any person (other than a Charterers' ’ representative), and such loss continues for more than three consecutive hours; or
(iv) Vessel failed to meet requirement of loading location at port of call with respect to cleaning requirement of cargo tank.
(v) Any additional charges levied by port / statutory authority on charterer during off hire period will be on owners account.
(vi) due to any delay in quarantine arising from the master, officers or crew having had communication with the shore at any infected area without the written consent or instructions of Charterers or their agents, or to any detention by customs or other authorities caused by smuggling or other infraction of local law on the part of the master, officers, or crewcrew or hijacked by pirates/terrorists; or
(vvii) due to detention of the Vessel vessel by authorities at home or abroad attributable to legal action against or breach of regulations by the Vesselvessel, the Vessel's owners, or vessel’s Owners (unless brought about by the act or neglect of Charterers); or
(vi) due to pre-docking and repair procedure including warming, gas freeing and inerting; or
(vii) due to scheduled dry-docking and maintenance, maintaining, overhauling, repairing or dry-docking the Vessel and submitting her for survey; waiting for any of the aforesaid purposes; proceeding to or from, and whilst at, any port or place for any of the aforesaid purposes; or
(viii) due to post-docking or repair procedure including ine1ting, gassing and cooling in excess of that undertaken for normal loading; or
(ix) due to attack and/ or seizure by pirates, subject to sub-clause 69(g); or
(x) due to late arrival for allocated opening for canal transit when such late arrival is due to Owners' negligence or Vessel breakdown. Time lost to be counted until next available arrival window of the Vessel as stated by the canal authority; or
(xi) due to any other circumstances where the Vessel is off-hire under this chatter, then without Without prejudice to Charterers' ’ rights under Clause 3 or to any other rights of Charterers hereunder, hereunder or otherwise, otherwise the Vessel vessel shall be off-off- hire from the commencement of such loss of time until she is again ready and in an efficient state to resume her service from a position not less favourable favorable to Charterers than that at which such loss of time commenced; provided, however, that any service given or distance made good by the Vessel vessel whilst off-hire shall be taken into account in assessing the amount to be deducted from hire.
(b) If the Vessel vessel fails to proceed at any Guaranteed Speed (as defined in Appendix C A1ticle 2 (a) (iv)) guaranteed speed pursuant to Clause 26 and Appendix C25, and such failure arises wholly or partly from any of the causes set out in Clause 22(a) above, then the following provisions period for which the vessel shall apply:
(i) if the Vessel is unable to maintain a speed of at least 85% of the Guaranteed Speed under Clause 26 in wind and sea state not exceeding Beauf01t force 5, Charterers shall have the option to place the Vessel off-hire but any distance made good by the Vessel whilst off-hire shall be taken into account in accordance with Clause 22(a);
(ii) except where Charterers have placed the Vessel off-hire pursuant to Clause 22(b)(i), failure of the Vessel to proceed at any Guaranteed Speed shall be dealt with under Clause 26 and Appendix C and the Vessel will not be off-hire under this Clause 2222 shall be the difference between
(i) the time the vessel would have required to perform the relevant service at such guaranteed speed and
(ii) the time actually taken to perform such service (including any loss of time arising from interruption in the performance of such service). For the avoidance of doubt, all time included under (ii) above shall be excluded from any computation under Clause 25.
(c) Further and without prejudice to the foregoing, in the event of the Vessel vessel deviating (which expression includes without limitation putting back, or putting into any port other than that to which she is bound under the instructions of Charterers) for any cause or purpose mentioned in Clause 22 (a22(a), the Vessel vessel shall be off-hire from the commencement of such deviation until the time when she is again ready and in an efficient state to resume her service from a position not less favourable favorable to Charterers than that at which the deviation commenced, provided, however, that any service given or distance made good by the Vessel vessel whilst so off-hire shall be taken into account in assessing the amount to be deducted from hire. If the Vesselvessel, for any cause or purpose mentioned in Clause 22 (a22(a), puts into any port other than the port to which she is bound on the instructions of Charterers, the port charges, pilotage and other expenses at such port shall be borne by Owners. Should the Vessel vessel be driven into any port or anchorage by stress of weather weather, hire shall continue to be due and payable during any time lost thereby.
(d) If the Vessel's vessel’s flag state becomes engaged in hostilities, and Charterers in consequence of such hostilities find it commercially impracticable to employ the Vessel vessel and have given Owners written notice thereof then from the date of receipt by Owners of such notice until the termination of such commercial impracticability the Vessel vessel shall be off-hire and Owners shall have the right to employ the Vessel vessel on their own account.
(e) Time during which the Vessel vessel is off-hire under this Charter charter shall count as part of the charter period except where Charterers declare their option to add off-hire periods under Clause 7 (j)period.
(f) All references Breakdown bunker consumption will be estimated on the actual. However, where the actual are not recorded in the ship log, bunker consumption as per port idle consumption declared by vessel owners in the technical bid shall apply. Such consumption during breakdown periods during voyages/port stay, other than planned repairs/dry- docking will be borne by Owners for which average Indian Coastal Bunker prices of all port locations on the date of occurrence to "time" in this Charter party shall be references to local time except where otherwise stated. Calculation of Charter Period shall be based on GMT in case there is a time difference between delivery location and redelivery locationapply.
(ig) If as a consequence In the event of any cause or purpose mentioned breakdown/vessels fault resulting in this Clause 22 or in Clause 16 (c)cancellation of inward/outward movement, the Vessel presents for loading with tank temperatures other than that which would otherwise allow bulk loading to commence within 1/2 (half) an hour after cooling completion of the loading armsrepairs / re- tendering of NOR, any time lost as a consequence thereof, including without limitation any time lost in additional cooling of tanks prior to loading shall count as off-hire and if the cost of any LNG supplied for such additional cooling shall be paid for by Owners at the LNG Price.
(ii) If any LNG POB is lost as Boil-Off during periods of off-hire, Owners shall reimburse Charterers for the LNG lost at the LNG Price. Where accurate measurement of LNG lost as Boil-Off during any such off-hire period is impossible for whatever reason, the LNG lost as Boil-Off shall be assumed to have occurred at a constant rate equal to that obtained by measurement between official gaugings of the cargo in question in accordance with Appendix C Article 8 (b). Where, due to earlier than 72 hrs then the off-hire occurring during a ballast passagewill be restricted to POB time. In case this POB is beyond 72 hrs from re-tendering of NOR, all LNG Heel is lost as Boilthen the additional cost & time beyond 72 hrs from re-Off prior to the Vessel next commencing to load, such Boil-Off shall tendering of NOR will be deemed to have occurred at a constant rate equal to that which occurred during the Vessel's last previous ballast voyageshared by charterers and owners on 50:50 basis.
(h) If the Cargo Capacity of the Vessel is reduced for any reasons, Charterers shall have the option of putting the Vessel off-hire or using the Vessel, in which case hire shall be reduced pro rata to the reduction in the Vessel's Cargo Capacity from the commencement of loading at the loading port until the Vessel is again ready to load at the next loading port without such reduction in capacity.
(i) The Vessel shall additionally be off-hire as provided in this Clause 22 whenever there is loss of time:
(i) as a result of a boycott arising in connection with the business of Owners, the terms or conditions of employment of Owners' servants, or employment, trades, or cargoes of the Vessel other than under this Charter;
(ii) due to restraint or interference in the Vessel's operation by any governmental authority in connection with the ownership, registration, or obligations of Owners or the Vessel, or stowaways, or in connection with smuggling or other prohibited activities, unless such restraint or interference involves a cargo carried under this Charter, or Charterers themselves, or the shippers or receivers of such a cargo; or
(iii) due to strikes, labour boycotts or any other discrimination/difficulties against the Vessel because of previous trade and/or the ownership and/or flag and/or officers and crew and/or officers and crews' employment conditions; Without prejudice to and subject to any other provisions in this charter to the contrary, including, for the avoidance of doubt, Clause 66 (Consequential Losses), all losses, damages and expenses directly or indirectly incurred thereby (including bunkers consumed) shall be for Owners' account.
(j) In the event that the Vessel is off-hire of vessels’ breakdown continuing for any reason other more than in connection with periodical dry-docking pursuant to Clause 24 for any period in excess of forty (40) consecutive days or exceeding sixty (60) days in any period of one hundred and twenty (120) 15 days, the Owners shall provide a substitute vessel within 15 days, after notice from the Charterers, failing which the Charterers shall have the an option to terminate this take substitute vessel/s on voyage charter/short term time charter from open market for product movement and any additional charge paid in procuring the substitute vessel/s shall be compensated by giving notice in writing with effect from any date stated in such notice provided that the Vessel is free of cargo (other than LNG Heel) at the time when such notice becomes effective. This Clause 22(j) is without prejudice to any other rights or obligations of Owners or recovered by the Charterers under this Charterfrom the amounts due to them. For the purposes of this Clause 22(j), in the event of partial loss of service, the period of off-hire The off hired vessel shall be taken back on hire only after the total period during which completion of the Vessel is not fully efficient rather than voyage of the resulting loss of time“substitute” vessel.
Appears in 1 contract
Samples: Charter Party
Off-Hire. (a) On each and every occasion that there is loss of time (whether by way of interruption in the Vessel's ’s service or, or from reduction in the Vessel's ’s performance, or in any other manner whatsoevermanner):
(i) due to deficiency of personnel or stores; , repairs; gas-, gas freeing for repairs; , time in and waiting awaiting to enter dry-dock for repairs; breakdown (whether partial or total) of machinery, boilers or other parts of the Vessel or her equipment (including without limitation ballast tank coatings); overhaul, maintenance but excluding always a failure or surveybreakdown of the Regasification Components (in respect of which the provisions of Clause 27(g) shall apply); collision, stranding, accident or damage to the Vessel; Vessel or any other similar cause whatsoever preventing the efficient working of the Vessel; , and such loss continues for more than three ***** consecutive hours (if resulting from interruption in the Vessel's ’s service) or cumulates to more than three ***** hours (if resulting from partial loss of service); or
(ii) due to industrial action, refusal to sail, breach of orders or neglect of duty on the part of the master, officers or crew; or
(iii) for the purpose of obtaining medical advice or treatment for or landing any sick or injured person (other than a Charterers' representative Charterer’s representatives carried under Clause 18 hereof20) or for the purpose of landing the body of any person (other than a Charterers' representative), Charterer’s representatives carried under Clause 20) and such loss continues for more than three ***** consecutive hours, but no loss of time shall be counted for obtaining medical advice or treatment for the master, officers or crew as a result of their having had communication with the shore at any infected area subject to quarantine when such communication was with the written consent or instructions of Charterer or its agent; oror Execution version re Hull 1689
(iv) due to any delay in quarantine arising from the master, officers or crew having had communication with the shore at any infected area without the written consent or instructions of Charterers Charterer or their its agents, or to any detention by customs or other authorities caused by smuggling or other infraction of local law on the part of the master, officers, officers or crew; or
(v) due to detention (including denial of night transiting normally allowed LNG tankers at the port of destination of the Vessel) of the Vessel by authorities at home or abroad abroad, offshore or in port, attributable to legal action against against, or breach of regulations by the Vesselby, or inspections required of, the Vessel's owners, Vessel or Owners Owner (unless brought about by the act or neglect of CharterersCharterer); or
(vi) due except as provided in Clause 25(g), proceeding to pre-docking or from and repair procedure including warming, gas freeing and inertingwhile at any port or anchorage other than that to which the Vessel is bound under the instructions of Charterer for any reason other than stress of weather; or
(vii) except as provided in Clause 25(g), due to scheduled any repairing and unscheduled dry-docking and maintenancedocking, maintaining, overhauling, repairing or including time spent for pre-dry-docking the Vessel docking/repair procedure, including inerting, purging and submitting her for surveygas freeing; post-dry-docking/repair procedure, including inerting, purging and cooling in excess of that undertaken at normal loading, and waiting for any of the aforesaid purposes; proceeding to or from, and whilst at, any port or place for any of the aforesaid purposes; or;
(viii) due to post-docking or repair procedure including ine1ting, gassing and cooling requisition as specified in excess of that undertaken for normal loading; orClause 35;
(ix) due to attack and/ or seizure by pirates, subject to sub-clause 69(g); or
(x) due to late arrival for allocated opening for canal transit when such late arrival is due to Owners' negligence or Vessel breakdown. Time lost to be counted until next available arrival window of the Vessel as stated by the canal authority; or
(xi) due to any other circumstances where the Vessel is off-hire under this chatterCharter; or
(x) due to the circumstances under which the Vessel is off-hire as provided for in Clauses 7(e), 7(h), 7(k) and 7(o), then without prejudice to Charterers' Charterer’s rights under Clause 3 or to any other rights of Charterers hereunder, 4 or otherwise, the Vessel shall be off-hire from the commencement of such loss of time until she is again ready and in an efficient state to resume her service from a position not less favourable favorable to Charterers Charterer than that at which such loss of time commenced; provided, however, that any service given or distance made good by the Vessel whilst while off-hire (and the cost of bunkers, diesel oil, marine gas oil and boil-off which would have been used or lost to give such service or make good such distance while off-hire) shall be taken into account in assessing the amount to be deducted from hire, and provided further that all reasonable costs and expenses incurred in respect of any general maintenance works unrelated to any cause or event contemplated in this Clause 24(a) and conducted while the Vessel is off-hire shall, to the extent such costs and expenses are contemplated in Schedule III, constitute operating expenses forming part of the Variable Element of hire and shall be paid for in accordance with the provisions of Schedule III. Execution version re Hull 1689 SPECIFIC TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH FIVE ASTERISKS (*****).
(b) If the Vessel fails to proceed at any Guaranteed Speed (as defined in Appendix C A1ticle 2 (a) (iv)) pursuant to Clause 26 and Appendix C, and such failure arises wholly or partly from any of the causes set out in Clause 22(a) above, then the following provisions shall apply:
(i) if the Vessel is unable to maintain a speed of at least 85% of the Guaranteed Speed under Clause 26 in wind and sea state not exceeding Beauf01t force 5, Charterers shall have the option to place the Vessel off-hire but any distance made good by the Vessel whilst off-hire shall be taken into account in accordance with Clause 22(a);
(ii) except where Charterers have placed the Vessel off-hire pursuant to Clause 22(b)(i), failure of the Vessel to proceed at any Guaranteed Speed shall be dealt with under Clause 26 and Appendix C and the Vessel will not be off-hire under Clause 22.
(c) Further and without prejudice to the foregoing, in the event of the Vessel deviating (which expression includes without limitation putting back, or putting into any port other than that to which she is bound under the instructions of CharterersCharterer) for any cause or purpose mentioned in Clause 22 (a24(a), the Vessel shall be off-hire from the commencement of such deviation until the time when she is again ready and in an efficient state to resume her service from a position not less favourable favorable to Charterers Charterer than that at which the deviation commenced, ; provided, however, that any service given or distance made good by the Vessel whilst while so off-hire shall be taken into account in assessing the amount to be deducted from hire. If the Vessel, for any cause or purpose mentioned in Clause 22 (a24(a), puts into any port other than the port to which she is bound on the instructions of CharterersCharterer, the port charges, pilotage and other expenses at such port shall be borne by OwnersOwner. Should the Vessel be driven into any port or anchorage by stress of weather weather, hire shall continue to be due and payable during any time lost thereby.
(dc) If the Vessel's flag state ’s Flag State becomes engaged in hostilities, Owner shall, at the request of Charterer, change the Vessel’s flag to a flag of a state free of hostilities if it is reasonably practicable to do so. The costs of such change of flag shall be borne by Charterer. If Owner is unable to change the Vessel’s flag as aforesaid and Charterers Charterer, in consequence of such hostilities find hostilities, finds it commercially impracticable to employ the Vessel Vessel, and have has given Owners Owner written notice thereof thereof, then from the date of receipt by Owners Owner of such notice until the termination of such commercial impracticability impracticability, the Vessel shall be off-hire and Owners Owner shall have the right to employ the Vessel on their its own account.
(ed) Time during which the Vessel is off-hire under this Charter shall count as part of the charter period except where Charterers declare their option to add off-hire periods under Clause 7 (j)Initial Charter Period or any extension period, as applicable.
(f) All references to "time" in this Charter party shall be references to local time except where otherwise stated. Calculation of Charter Period shall be based on GMT in case there is a time difference between delivery location and redelivery location.
(ie) If as a consequence of any cause or purpose mentioned in this Clause 22 24 or in Clause 16 (c47(b), the Vessel presents for loading with tank temperatures other than that which would otherwise allow bulk loading to commence within 1/2 (half) an hour ***** minutes after cooling of the loading arms, any time lost as a consequence thereof, including including, without limitation limitation, any time lost in additional cooling of tanks prior to loading loading, shall count as off-hire and the cost of any LNG supplied for such additional cooling shall be paid for by Owners Owner at the LNG Price.
(ii) If any LNG is lost as Boil-Off during periods of off-hire, Owners shall reimburse Charterers for the LNG lost price paid by Charterer at the LNG Price. Where accurate measurement place of LNG lost as Boil-Off during any such off-hire period is impossible for whatever reason, the LNG lost as Boil-Off shall be assumed to have occurred at a constant rate equal to that obtained by measurement between official gaugings of the cargo in question in accordance with Appendix C Article 8 (b). Where, due to the off-hire occurring during a ballast passage, all LNG Heel is lost as Boil-Off prior to the Vessel next commencing to load, such Boil-Off shall be deemed to have occurred at a constant rate equal to that which occurred during the Vessel's last previous ballast voyage.
(h) If the Cargo Capacity of the Vessel is reduced for any reasons, Charterers shall have the option of putting the Vessel off-hire or using the Vessel, in which case hire shall be reduced pro rata to the reduction in the Vessel's Cargo Capacity from the commencement of loading at the loading port until the Vessel is again ready to load at the next loading port without such reduction in capacitycurrent loading.
(i) The In the event that the Vessel shall additionally be is off-hire as provided in this Clause 22 whenever there is loss by reason of time:
(i) any damage to the Vessel’s cargo containment system as a result of a boycott arising in connection Owner’s failure to comply with the business provisions of OwnersClause 45(a) for any period exceeding ***** months in any period of ***** years, Charterer shall have the terms or conditions of employment of Owners' servants, or employment, trades, or cargoes of the Vessel other than under option to terminate this Charter;.
(ii) due to restraint or interference in the Vessel's operation by any governmental authority in connection with the ownership, registration, or obligations of Owners or the Vessel, or stowaways, or in connection with smuggling or other prohibited activities, unless such restraint or interference involves a cargo carried under this Charter, or Charterers themselves, or the shippers or receivers of such a cargo; or
(iii) due to strikes, labour boycotts or any other discrimination/difficulties against the Vessel because of previous trade and/or the ownership and/or flag and/or officers and crew and/or officers and crews' employment conditions; Without prejudice to and subject to any other provisions in this charter to the contrary, including, for the avoidance of doubt, Clause 66 (Consequential Losses), all losses, damages and expenses directly or indirectly incurred thereby (including bunkers consumed) shall be for Owners' account.
(j) In the event that the Vessel is off-hire for any reason other than (i) in connection with periodical periodic dry-docking pursuant to Clause 24 25(a) or (ii) any Execution version re Hull 1689 SPECIFIC TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH FIVE ASTERISKS (*****). damage to Vessel’s cargo containment system for any reason other than Owner’s failure to comply with the provisions of Clause 45(a) for any period in excess of forty (40) consecutive days or exceeding sixty (60) days ***** months in any period of one hundred and twenty (120) days***** years, Charterers Charterer shall have the option to terminate this charter Charter.
(iii) Charterer may exercise its option to terminate in accordance with (i) or (ii) above by giving notice in writing writing, such notice to be served not later than ***** days after the date on which the Charterer’s option to terminate arises in accordance with (i) or (ii) above with the termination to take effect from any on the date stated in such notice notice, provided that the Vessel is free of cargo (other than LNG Heelheel) at the time date of termination; provided further that Owner shall have the right to provide a substitute vessel having a technical specification, performance capability and condition substantially equivalent to the Vessel to replace the Vessel during such extended period of off-hire as soon as possible but in any event not later than ***** days after the day on which the Charterer’s option to terminate arises in accordance with (i) or (ii) above (but in any event not later than the expiry of the ***** year period in (i) above or the ***** year period in (ii) above, as applicable), in which case Charterer shall not be entitled to terminate the Charter under this Clause 24(f). In the event Owner does not have access to such substantially equivalent vessel, Owner may nonetheless offer to Charterer its available vessel(s) and Charterer may accept such vessel(s). In any such case the parties shall agree upon such adjustments to the hire rate and/or such amendments to the performance warranties as stipulated in this Charter as are, when such notice becomes effectivecompared with the performance capabilities of the Vessel, commensurate with any excesses or deficiencies, as the case may be, in the performance capabilities of the substitute vessel. This Clause 22(j24(f) is without prejudice to any other rights or obligations of Owners Owner or Charterers Charterer under this Charter. For the purposes of this Clause 22(j24(f), in the event of partial loss of service, the period of off-hire shall be the total period during which the Vessel is not fully efficient rather than the resulting loss of time.
(g) Subject to Clause 47 and the proviso in Clause 24(a), all costs including but not limited to bunkers, diesel oil, marine gas oil, port charges and the costs of cool down and boil-off incurred during periods of off-hire shall be for Owner’s account. During periods of off-hire the actual boil-off shall be calculated for the entire period of off-hire. In the event that the actual boil-off cannot be, or has not been, determined for such period or a portion thereof, the boil-off rate per day shall be deemed to be equivalent to the maximum average daily boil-off provided for in Clause 27(a)(iii) for that portion of the period for which the actual boil-off cannot be, or has not been, determined.
(h) Owner shall be entitled to an allowance (“Off-hire Allowance”) of ***** days per year counted from the Delivery Date until the ***** anniversary thereof and thereafter for each *****-month period beginning on each anniversary of the Delivery Date. The Off-hire Allowance shall be applied in each such *****- Execution version re Hull 1689 SPECIFIC TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH FIVE ASTERISKS (*****). month period against the first ***** days when the Vessel is off-hire under this Clause 24. Notwithstanding the foregoing, the Off-hire Allowance may not be cumulated from year to year and may only be used in the *****month period in which it accrues. Owner shall promptly notify Charterer of any Off-hire Allowance taken and the reason therefor. During the Off-hire Allowance period, Charterer shall continue to pay hire, but such payment shall be the only obligation of Charterer, and specifically excluding payment of any bunkers, boil-off or any other costs and liabilities accruing from such period.
Appears in 1 contract
Off-Hire. (a) On each and every occasion that there is loss of time or unavailability of the Vessel to Charterers (whether by way of interruption in the Vessel's ’s service or, from reduction in the Vessel's ’s performance, or in any other manner whatsoever):
(i) due to deficiency of personnel or stores; repairs; gas-freeing for repairs; time in and waiting to enter dry-dock for repairs; breakdown (whether partial or total) of machinery, boilers or other parts of the Vessel or her equipment (including without limitation tank coatings); overhaul, maintenance or survey; collision, stranding, accident or damage to the Vessel; or any other cause whatsoever preventing the efficient working of the Vessel; and such loss or unavailability continues for more than three ***** consecutive hours (if resulting from interruption in the Vessel's ’s service) or cumulates to more than three hours ***** (if resulting from partial loss of service); or
(ii) due to industrial action, refusal to sail, breach of orders or neglect of duty on the part of the master, officers or crew; or
(iii) for the purpose of obtaining medical advice or treatment for or landing any sick or injured person (other than a Charterers' ’ representative carried under Clause 18 hereof) or for the purpose of landing the body of any person (other than a Charterers' ’ representative), and such loss continues for more than three ***** consecutive hours; or
(iv) due to any delay in quarantine arising from the master, officers or crew having had communication with the shore at any infected area without the written consent or instructions of Charterers or their agents, or to any detention by customs or other authorities caused by smuggling or other infraction of local law on the part of the master, officers, or crew; or
(v) due to detention of the Vessel by authorities at home or abroad attributable to legal action against or breach of regulations by the Vessel, the Vessel's owners, or Owners (unless brought about by the act or neglect of Charterers); or
(vi) due to pre-docking and repair procedure including warming, gas freeing and inertinginerting post arrival at the dry-dock port; or
(vii) due to scheduled dry-docking and maintenance, maintaining, overhauling, repairing or dry-docking the Vessel and submitting her for survey; waiting for any of the aforesaid purposes; proceeding to or from, and whilst at, any port or place for any of the aforesaid purposes; or
(viii) due to post-docking or repair procedure including ine1tinginerting, if such inerting is undertaken prior to sailing from the dry-dock port, gassing and cooling in excess of that undertaken for normal loading; or
(ix) due to attack and/ or seizure by pirates, subject to subany other circumstances where the Vessel is off-clause 69(g)hire under this Charter; or
(x) due to late arrival for allocated opening for canal transit when such late arrival is due to Owners' ’ negligence or Vessel breakdown. Time lost to be counted until next available arrival window of the Vessel as stated by the canal authority; or
(xi) due to any other circumstances where the Vessel is off-hire under this chatter, or then without prejudice to Charterers' ’ rights under Clause 3 or to any other rights of Charterers hereunder, or otherwise, the Vessel shall be off-hire from the commencement of such loss of time until she is again ready and in an efficient state to resume her service from a position not less favourable to Charterers than that at which such loss of time commenced; provided, however, that any service given or distance made good by the Vessel whilst off-hire shall be taken into account in assessing the amount to be deducted from hire.
(b) If the Vessel fails to proceed at any Guaranteed Speed (as defined in Appendix C A1ticle Article 2 (a) (iv)) pursuant to Clause 26 and Appendix C, and such failure arises wholly or partly from any of the causes set out in Clause 22(a) above, then the following provisions shall apply:
(i) if the Vessel is unable to maintain a speed of at least 85% of the Guaranteed Speed under Clause 26 in wind and sea state not exceeding Beauf01t Beaufort force 5, Charterers shall have the option to place the Vessel off-hire but any distance made good by the Vessel whilst off-hire shall be taken into account in accordance with Clause 22(a);
(ii) except where Charterers have placed the Vessel off-hire pursuant to Clause 22(b)(i), failure of the Vessel to proceed at any Guaranteed Speed shall be dealt with under Clause 26 and Appendix C and the Vessel will not be off-hire under Clause 22.
(c) Further and without prejudice to the foregoing, in the event of the Vessel deviating (which expression includes without limitation putting back, or putting into any port other than that to which she is bound under the instructions of Charterers) for any cause or purpose mentioned in Clause 22 (a), the Vessel shall be off-hire from the commencement of such deviation until the time when she is again ready and in an efficient state to resume her service from a position not less favourable to Charterers than that at which the deviation commenced, provided, however, that any service given or distance made good by the Vessel whilst so off-hire shall be taken into account in assessing the amount to be deducted from hire. If the Vessel, for any cause or purpose mentioned in Clause 22 (a), puts into any port other than the port to which she is bound on the instructions of Charterers, the port charges, pilotage and other expenses at such port shall be borne by Owners. Should the Vessel be driven into any port or anchorage by stress of weather hire shall continue to be due and payable during any time lost thereby.
(d) If the Vessel's ’s flag state becomes engaged in hostilities, and Charterers in consequence of such hostilities find it commercially impracticable to employ the Vessel and have given Owners Owners’ written notice thereof then from the date of receipt by Owners of such notice until the termination of such commercial impracticability the Vessel shall be off-hire and Owners shall have the right to employ the Vessel on their own account.
(e) Time during which the Vessel is off-hire under this Charter shall count as part of the charter period except where Charterers declare their option to add off-hire periods under Clause 7 4 (jb).
(f) All references to "“time" ” in this Charter party shall be references to local time except where otherwise stated. Calculation of Charter Period shall be based on GMT in case there is a time difference between delivery location and redelivery location.
(i) If as a consequence of any cause or purpose mentioned in this Clause 22 or in Clause 16 (c), the Vessel presents for loading with tank temperatures other than that which would otherwise allow bulk loading to commence within 1/2 (half) an hour after cooling of the loading arms, any time lost as a consequence thereof, including without limitation any time lost in additional cooling of tanks prior to loading shall count as off-hire and the cost of any LNG supplied for such additional cooling shall be paid for by Owners at the LNG Price.
(ii) If any LNG is lost as Boil-Off during periods of off-hire, Owners shall reimburse Charterers for the LNG lost at the LNG Price, less any Boil-off consumed in distance made good during the off-hire period by Owners. Where accurate measurement of LNG lost as Boil-Off during any such off-hire period is impossible for whatever reason, the LNG lost as Boil-Off shall be assumed to have occurred at a constant rate equal to that obtained by measurement between official gaugings of the cargo in question in accordance with Appendix C Article 8 (b). Where, due to the off-hire occurring during a ballast passage, all LNG Heel is lost as Boil-Off prior to the Vessel next commencing to load, such Boil-Off shall be deemed to have occurred at a constant rate equal to that which occurred during the Vessel's ’s last previous ballast voyage.
(h) If the Cargo Capacity cargo capacity of the Vessel is reduced for any reasons, Charterers shall have the option of putting the Vessel off-hire or using the Vessel, in which case hire shall be reduced pro rata to the reduction in the Vessel's Cargo Capacity ’s cargo capacity from the commencement of loading at the loading port until the Vessel is again ready to load at the next loading port without such reduction in capacity. Notwithstanding the option granted to Charterers by the foregoing and subject to Chatterers’ need for transportation, Charterers may agree (such agreement not to be unreasonably withheld) to allow Owners to repair the tanks of the Vessel at the earliest opportunity.
(i) The Vessel shall additionally be off-hire as provided in this Clause 22 whenever there is loss of time:
(i) as a result of a boycott arising in connection with the business of Owners, the terms or conditions of employment of Owners' ’ servants, or employment, trades, or cargoes of the Vessel other than under this Charter;
(ii) due to restraint or interference in the Vessel's ’s operation by any governmental authority in connection with the ownership, registration, or obligations of Owners or the Vessel, or stowaways, or in connection with smuggling or other prohibited activities, unless such restraint or interference involves a cargo carried under this Charter, or Charterers themselves, or the shippers or receivers of such a cargo; or
(iii) due to strikes, labour boycotts or any other discrimination/difficulties against the Vessel because of Owners and/or their affiliates’ previous trade and/or the ownership and/or flag and/or officers and crew and/or officers and crews' ’ employment conditions; Without prejudice to and subject to any other provisions in this charter to the contrary, including, for the avoidance of doubt, Clause 66 (Consequential Losses), all losses, damages and expenses directly or indirectly incurred thereby (including bunkers consumed) shall be for Owners' ’ account.
(j) In the event that the Vessel is off-hire for any reason other than in connection with periodical dry-docking pursuant to Clause 24 for any period in excess of forty (40) consecutive days or exceeding sixty (60) days in any period of one hundred and twenty (120) days, Charterers shall have the option to terminate this charter by giving notice in writing with effect from any date stated in such notice provided that the Vessel is free of cargo (other than LNG Heel) at the time when such notice becomes effective. This Clause 22(j) is without prejudice to any other rights or obligations of Owners or Charterers under this Charter. For the purposes of this Clause 22(j), in the event of partial loss of service, the period of off-hire shall be the total period during which the Vessel is not fully efficient rather than the resulting loss of time.
Appears in 1 contract
Off-Hire. (a) On each and every occasion that there is loss of time (whether by way of interruption in the Vessel's ’s service or, or from reduction in the Vessel's ’s performance, or in any other manner whatsoevermanner):
(i) due to deficiency of personnel or stores; , repairs; gas-, gas freeing for repairs; , time in and waiting awaiting to enter dry-dock for repairs; breakdown (whether partial or total) of machinery, boilers or other parts of the Vessel or her equipment (including without limitation ballast tank coatings); overhaulbut excluding always a failure or Execution version – Hull No. 1688 42 SPECIFIC TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION, maintenance or surveyAND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH FIVE ASTERISKS (*****). breakdown of the Regasification Components (in respect of which the provisions of Clause 27(g) shall apply); collision, stranding, accident or damage to the Vessel; Vessel or any other similar cause whatsoever preventing the efficient working of the Vessel; , and such loss continues for more than three ***** consecutive hours (if resulting from interruption in the Vessel's ’s service) or cumulates to more than three ***** hours (if resulting from partial loss of service); or
(ii) due to industrial action, refusal to sail, breach of orders or neglect of duty on the part of the master, officers or crew; or
(iii) for the purpose of obtaining medical advice or treatment for or landing any sick or injured person (other than a Charterers' representative Charterer’s representatives carried under Clause 18 hereof20) or for the purpose of landing the body of any person (other than a Charterers' representative), Charterer’s representatives carried under Clause 20) and such loss continues for more than three ***** consecutive hours, but no loss of time shall be counted for obtaining medical advice or treatment for the master, officers or crew as a result of their having had communication with the shore at any infected area subject to quarantine when such communication was with the written consent or instructions of Charterer or its agent; or
(iv) due to any delay in quarantine arising from the master, officers or crew having had communication with the shore at any infected area without the written consent or instructions of Charterers Charterer or their its agents, or to any detention by customs or other authorities caused by smuggling or other infraction of local law on the part of the master, officers, officers or crew; or
(v) due to detention (including denial of night transiting normally allowed LNG tankers at the port of destination of the Vessel) of the Vessel by authorities at home or abroad abroad, offshore or in port, attributable to legal action against against, or breach of regulations by the Vesselby, or inspections required of, the Vessel's owners, Vessel or Owners Owner (unless brought about by the act or neglect of CharterersCharterer); or
(vi) due except as provided in Clause 25(g), proceeding to pre-docking or from and repair procedure including warming, gas freeing and inertingwhile at any port or anchorage other than that to which the Vessel is bound under the instructions of Charterer for any reason other than stress of weather; or
(vii) except as provided in Clause 25(g), due to scheduled any repairing and unscheduled dry-docking docking, including time spent for pre-dry docking/repair procedure, including inserting, purging and maintenancegas freeing, maintaining, overhauling, repairing or post-dry-docking the Vessel docking/repair procedure, including inserting, purging and submitting her for survey; cooling in excess of that undertaken at normal loading, and waiting for any of the aforesaid purposes; proceeding to or from, and whilst at, any port or place for any of the aforesaid purposes; or;
(viii) due to post-docking or repair procedure including ine1ting, gassing and cooling requisition as specified in excess of that undertaken for normal loading; orClause 35;
(ix) due to attack and/ or seizure by pirates, subject to sub-clause 69(g); or
(x) due to late arrival for allocated opening for canal transit when such late arrival is due to Owners' negligence or Vessel breakdown. Time lost to be counted until next available arrival window of the Vessel as stated by the canal authority; or
(xi) due to any other circumstances where the Vessel is off-hire under this chatterCharter; or
(x) due to the circumstances under which the Vessel is off-hire as provided for in Clauses 7(e), 7(h), 7(k) and 7(o), Execution version – Hull No. 1688 43 SPECIFIC TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH FIVE ASTERISKS (*****). then without prejudice to Charterers' Charterer’s rights under Clause 3 or to any other rights of Charterers hereunder, 4 or otherwise, the Vessel shall be off-hire from the commencement of such loss of time until she is again ready and in an efficient state to resume her service from a position not less favourable favorable to Charterers Charterer than that at which such loss of time commenced; provided, however, that any service given or distance made good by the Vessel whilst while off-hire (and the cost of bunkers, diesel oil, marine gas oil and boil-off which would have been used or lost to give such service or make good such distance while off-hire) shall be taken into account in assessing the amount to be deducted from hire, and provided further that all reasonable costs and expenses incurred in respect of any general maintenance works unrelated to any cause or event contemplated in this Clause 24(a) and conducted while the Vessel is off-hire shall, to the extent such costs and expenses are contemplated in Schedule III, constitute operating expenses forming part of the Variable Element of hire and shall be paid for in accordance with the provisions of Schedule III.
(b) If the Vessel fails to proceed at any Guaranteed Speed (as defined in Appendix C A1ticle 2 (a) (iv)) pursuant to Clause 26 and Appendix C, and such failure arises wholly or partly from any of the causes set out in Clause 22(a) above, then the following provisions shall apply:
(i) if the Vessel is unable to maintain a speed of at least 85% of the Guaranteed Speed under Clause 26 in wind and sea state not exceeding Beauf01t force 5, Charterers shall have the option to place the Vessel off-hire but any distance made good by the Vessel whilst off-hire shall be taken into account in accordance with Clause 22(a);
(ii) except where Charterers have placed the Vessel off-hire pursuant to Clause 22(b)(i), failure of the Vessel to proceed at any Guaranteed Speed shall be dealt with under Clause 26 and Appendix C and the Vessel will not be off-hire under Clause 22.
(c) Further and without prejudice to the foregoing, in the event of the Vessel deviating (which expression includes without limitation putting back, or putting into any port other than that to which she is bound under the instructions of CharterersCharterer) for any cause or purpose mentioned in Clause 22 (a24(a), the Vessel shall be off-hire from the commencement of such deviation until the time when she is again ready and in an efficient state to resume her service from a position not less favourable favorable to Charterers Clatterer than that at which the deviation commenced, ; provided, ; however, that any service given or distance made good by the Vessel whilst while so off-hire shall be taken into account in assessing the amount to be deducted from hire. If the Vessel, for any cause or purpose mentioned in Clause 22 (a24(a), puts into any port other than the port to which she is bound on the instructions of CharterersCharterer, the port charges, pilotage and other expenses at such port shall be borne by OwnersOwner. Should the Vessel be driven into any port or anchorage by stress of weather weather, hire shall continue to be due and payable during any time lost thereby.
(dc) If the Vessel's flag state ’s Flag State becomes engaged in hostilities, Owner shall, at the request of Charterer, change the Vessel’s flag to a flag of a state free of hostilities if it is reasonably practicable to do so. The costs of such change of flag shall be borne by Charterer. If Owner is unable to change the Vessel’s flag as aforesaid and Charterers Charterer, in consequence of such hostilities find hostilities, finds it commercially impracticable to employ the Vessel Vessel, and have has given Owners Owner written notice thereof thereof, then from the date of receipt by Owners Owner of such notice until the termination of such commercial impracticability impracticability, the Vessel shall be off-hire and Owners Owner shall have the right to employ the Vessel on their its own account.
(ed) Time during which the Vessel is off-hire under this Charter shall count as part of the charter period except where Charterers declare their option to add off-hire periods under Clause 7 (j)Initial Charter Period or any extension period, as applicable.
(f) All references to "time" in this Charter party shall be references to local time except where otherwise stated. Calculation of Charter Period shall be based on GMT in case there is a time difference between delivery location and redelivery location.
(ie) If as a consequence of any cause or purpose mentioned in this Clause 22 24 or in Clause 16 (c47(b), the Vessel presents for loading with tank temperatures other than that which would otherwise allow bulk loading to commence within 1/2 (half) an hour ***** minutes after cooling of the loading arms, any time lost as a consequence thereof, including including, without limitation limitation, any time lost in additional cooling of tanks prior to loading loading, shall count as off-hire and the cost of any LNG supplied for such additional cooling shall be paid for by Owners Owner at the LNG Price.
(ii) If any LNG is lost as Boil-Off during periods of off-hire, Owners shall reimburse Charterers for the LNG lost price paid by Charterer at the LNG Priceplace of current loading. Where accurate measurement of LNG lost as Boil-Off during any such off-hire period is impossible for whatever reasonExecution version – Hull No. 1688 44 SPECIFIC TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION, the LNG lost as Boil-Off shall be assumed to have occurred at a constant rate equal to that obtained by measurement between official gaugings of the cargo in question in accordance with Appendix C Article 8 AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH FIVE ASTERISKS (b*****). Where, due to the off-hire occurring during a ballast passage, all LNG Heel is lost as Boil-Off prior to the Vessel next commencing to load, such Boil-Off shall be deemed to have occurred at a constant rate equal to that which occurred during the Vessel's last previous ballast voyage.
(h) If the Cargo Capacity of the Vessel is reduced for any reasons, Charterers shall have the option of putting the Vessel off-hire or using the Vessel, in which case hire shall be reduced pro rata to the reduction in the Vessel's Cargo Capacity from the commencement of loading at the loading port until the Vessel is again ready to load at the next loading port without such reduction in capacity.
(i) The In the event that the Vessel shall additionally be is off-hire as provided in this Clause 22 whenever there is loss by reason of time:
(i) any damage to the Vessel’s cargo containment system as a result of a boycott arising in connection Owner’s failure to comply with the business provisions of OwnersClause 45(a) for any period exceeding ***** months in any period of ***** years, Charterer shall have the terms or conditions of employment of Owners' servants, or employment, trades, or cargoes of the Vessel other than under option to terminate this Charter;.
(ii) due to restraint or interference in the Vessel's operation by any governmental authority in connection with the ownership, registration, or obligations of Owners or the Vessel, or stowaways, or in connection with smuggling or other prohibited activities, unless such restraint or interference involves a cargo carried under this Charter, or Charterers themselves, or the shippers or receivers of such a cargo; or
(iii) due to strikes, labour boycotts or any other discrimination/difficulties against the Vessel because of previous trade and/or the ownership and/or flag and/or officers and crew and/or officers and crews' employment conditions; Without prejudice to and subject to any other provisions in this charter to the contrary, including, for the avoidance of doubt, Clause 66 (Consequential Losses), all losses, damages and expenses directly or indirectly incurred thereby (including bunkers consumed) shall be for Owners' account.
(j) In the event that the Vessel is off-hire for any reason other than (i) in connection with periodical periodic dry-docking pursuant to Clause 24 25(a) or (ii) any damage to Vessel’s cargo containment system for any reason other than Owner’s failure to comply with the provisions of Clause 45(a) for any period in excess of forty (40) consecutive days or exceeding sixty (60) days ***** months in any period of one hundred and twenty (120) days***** years, Charterers Charterer shall have the option to terminate this charter Charter.
(iii) Charterer may exercise its option to terminate in accordance with (i) or (ii) above by giving notice in writing writing, such notice to be served not later than ***** days after the date on which the Charterer’s option to terminate arises in accordance with (i) or (ii) above with the termination to take effect from any on the date stated in such notice notice, provided that the Vessel is free of cargo (other than LNG Heelheel) at the time date of termination; provided further that Owner shall have the right to provide a substitute vessel having a technical specification, performance capability and condition substantially equivalent to the Vessel to replace the Vessel during such extended period of off-hire as soon as possible but in any event not later than ***** days after the day on which the Charterer’s option to terminate arises in accordance with (i) or (ii) above (but in any event not later than the expiry of the ***** year period in (i) above or the ***** year period in (ii) above, as applicable), in which case Charterer shall not be entitled to terminate the Charter under this Clause 24(f). In the event Owner does not have access to such substantially equivalent vessel, Owner may nonetheless offer to Charterer its available vessel(s) and Charterer may accept such vessel(s). In any such case the parties shall agree upon such adjustments to the hire rate and/or such amendments to the performance warranties as stipulated in this Charter as are, when such notice becomes effectivecompared with the performance capabilities of the Vessel, commensurate with any excesses or deficiencies, as the case may be, in the performance capabilities of the substitute vessel. This Clause 22(j24(f) is without prejudice to any other rights or obligations of Owners Owner or Charterers Charterer under this Charter. For the purposes of this Clause 22(j24(f), in the event of partial loss of service, the period of off-hire shall be the total period during which the Vessel is not fully efficient rather than the resulting loss of time.
(g) Subject to Clause 47 and the proviso in Clause 24(a), all costs including but not limited to bunkers, diesel oil, marine gas oil, port charges and the costs of cool down and boil-off incurred during periods of off-hire shall be for Owner’s account During periods of off-hire the actual boil-off shall be calculated for the entire period of off-hire. In the event that the actual boil-off cannot be, or has not been, determined for such period or a portion thereof, the boil-off rate per day shall be deemed to be equivalent to the maximum average daily boil-off provided for in Clause 27(a)(iii) for that portion of the period for which the actual boil-off cannot be, or has not been, determined. SPECIFIC TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH FIVE ASTERISKS (*****).
(h) Owner shall be entitled to an allowance (“Off-hire Allowance”) of ***** days per year counted from the Delivery Date until the ***** anniversary thereof and thereafter for each *****-month period beginning on each anniversary of the Delivery Date. The off-hire Allowance shall be applied in each such *****-month period against the first ***** days when the Vessel is off-hire under this Clause 24. Notwithstanding the foregoing, the Off-hire Allowance may not be cumulated from year to year and may only be used in the *****-month period in which it accrues. Owner shall promptly notify Charterer of any Off-hire Allowance taken and the reason therefor. During the Off-hire Allowance period, Charterer shall continue to pay hire, but such payment shall be the only obligation of Charterer, and specifically excluding payment of any bunkers, boil-off or any other costs and liabilities accruing from such period.
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