Common use of Off-Hire Clause in Contracts

Off-Hire. a. In the event of loss of time from breakdown of machinery, regulatory issues involving Vessel or Owners, collision, stranding, fire or other accident or damage to the Vessel, not caused by the fault of the Charterers, preventing the working of the Vessel for more than six (6) consecutive hours, provided that loss of time shall not be construed to include time spent performing voyage repairs, preventative maintenance or regulatory inspections during waiting periods where such work will not interfere with next arrival time specified in Charterers’ voyage orders, or in the event of loss of time from deficiency of men or stores, breach of orders or neglect of duty by the master, officers, or crew, or from deviation for the purpose of landing any injured or ill person on board other than any person who may be carried at Charterers’ request, payment of hire shall cease for all time lost until the Vessel is again ready and in an efficient state to resume her service and has regained a point of progress equivalent to that when the hire ceased hereunder: cost of fuel consumed while the Vessel is off hire hereunder, as well as all port charges, pilotages, and other expenses incurred during such period and consequent upon the putting in to any port or place other than to which the Vessel is bound, shall be borne by the Owners; but should the Vessel be driven into port or to anchorage by stress of weather or on account of accident to her cargo due to the negligence of the Charterers such loss of time , shall be for Charterers’ account. Vessel shall provide Charterers with written notice when the Vessel goes back on hire. If upon the voyage the speed of the Vessel be reduced or her fuel consumption increased by breakdown, casualty, or inefficiency of master, officers, or crew, so as to cause a delay of more than twenty-four hours in arriving at the Vessel’s next port or an excess consumption of more than one day’s fuel, hire for the time lost and cost of extra fuel consumed, if any, shall be borne by the Owner. Any delay by ice or time spent in quarantine shall be for Charterers’ account. Any loss of time through detention by authorities as a result of proven charges of smuggling or of other infractions of law by the master, officers, or any of the members of the crew shall be for Owners’ account.

Appears in 3 contracts

Samples: APT Sunshine State LLC, APT Sunshine State LLC, APT Sunshine State LLC

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Off-Hire. a. In the event of loss of time from breakdown of machinery, regulatory issues involving Vessel or Owners, collision, stranding, fire or other accident or damage to the Vessel, not caused by the fault of the Charterers, preventing the working of the Vessel for more than six (6) consecutive hours, provided that loss of time shall not be construed to include time spent performing voyage repairs, preventative maintenance or regulatory inspections during waiting periods where such work will not interfere with next arrival time specified in Charterers’ voyage orders, or in the event of loss of time from deficiency and/or default and/or strike of men or stores, breach of orders or neglect of duty by the master, officers, officers or crew, or deficiency of stores, fire, breakdown of, or damages to hull, machinery or equipment, grounding, detention by the arrest of the Vessel (unless such arrest is caused by events for which the Charterers, their servants, agents or subcontractors are responsible), or detention by average accidents to the Vessel or cargo unless resulting. from deviation inherent vice, quality or defect of the cargo, dry docking for the purpose of landing examination or painting bottom, or by any injured or ill person on board other than any person who may be carried at Charterers’ requestsimilar cause preventing the full working of the Vessel, the payment of hire and overtime, if any, shall cease for all the time lost until thereby lost. Should the Vessel deviate or put back during a voyage, contrary to the orders or directions of her Charterers, for any reason other than accident to the cargo or where permitted in Clause 22 hereunder, the hire is to be suspended from the time of her deviating or putting back until she is again ready in the same or equidistant position from the destination and in an efficient state to resume her service and has regained a point of progress equivalent to that when the hire ceased hereunder: cost of fuel consumed while voyage resumed therefrom. All bunkers used by the Vessel is while off hire hereundershall be for the Owners' account, as well as the Charterers shall be entitled to claim compensation for their loss and for all port charges, pilotages, and other expenses in incurred during such period and consequent upon together with interest. In the putting in to any port or place other than to which event of the Vessel is bound, shall be borne by the Owners; but should the Vessel be being driven into port or to anchorage by through stress of weather weather, trading to shallow harbors or on account of accident to her cargo due to the negligence rivers or ports with bars, any detention of the Charterers Vessel and/ or expenses resulting from such loss of time , detention shall be for before the Charterers' account. Vessel shall provide Charterers with written notice when the Vessel goes back on hire. If upon the voyage the speed of the Vessel be reduced or her fuel consumption increased by breakdown, casualtydefect in, or inefficiency breakdown of, any part of masterher hull, officersmachinery or equipment, the time so lost, and the cost of any extra bunkers consumed in consequence thereof, and all extra proven expenses may be deducted from the hire. Should the vessel be off hire for more than 15 consecutive days or accumulative total more than 30 days, the Charterers shall have the right to cancel this Charter Party and hire paid in advance is to be immediately refunded by the Owners. The charterers have the option to add on to the Charter period any off hire suffered by the vessel, or crewif the Charterers require, so the owners should provide same capacity vessel to replace above-vessel as to cause a delay of more than twenty-four hours in arriving at the Vessel’s next port or an excess consumption of more than one day’s fuel, hire for the time lost and cost of extra fuel consumed, if any, shall be borne by the Owner. Any delay by ice or time spent in quarantine shall be for Charterers’ account. Any loss of time through detention by authorities as a result of proven charges of smuggling or of other infractions of law by the master, officers, or any of the members of the crew shall be for Owners’ accountagreed mutually.

Appears in 1 contract

Samples: Time Charter (Sino Shipping Holdings Inc.)

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