War Risks. (a) The master shall not be required or bound to sign Bills of Lading for any place which in his or Owners’ reasonable opinion is dangerous or impossible for the Vessel to enter or reach owing to any blockade, war, hostilities, warlike operations, civil war, civil commotions, terrorism or piracy revolutions. (b) If in the reasonable opinion of the master or Owners it becomes, for any of the reasons set out in Clause 36 (a) or by the operation of international law, dangerous, impossible or prohibited for the Vessel to reach or enter, or to load or discharge cargo at, any place to which the Vessel has been ordered pursuant to this Charter (a “place of peril”), then Charterers or their agents shall be immediately notified in writing or by radio messages, and Charterers shall thereupon have the right to order the cargo, or such part of it as may be affected, to be loaded or discharged, as the case may be, at any other place within the trading limits of this Charter (provided such other place is not itself a place of peril). If any place of discharge is or becomes a place of peril, and no orders have been received from Charterers or their agents within 48 hours after dispatch of such messages, then Owners shall be at liberty to discharge the cargo or such part of it as may be affected at any place suitable for the discharge of LNG which they or the master may in their or his discretion select within the trading limits of this Charter and such discharge shall be deemed to be due fulfilment of Owners obligations under this Charter so far as cargo so discharged is concerned. (c) The Vessel shall have liberty to comply with any directions or recommendations as to departure, arrival, routes, ports of call, stoppages, destinations, zones, waters, delivery or in any other wise whatsoever given by the government of the state under whose flag the Vessel sails or any other government or local authority or by any person or body acting or purporting to act as or with the authority of any such government or local authority including any de facto government or local authority or by any person or body acting or purporting to act as or with the authority of any such government or local authority or by any committee or person having under the terms of the war risks insurance on the Vessel the right to give any such directions or recommendations. If by reason of or in compliance with any such directions or recommendations anything is done or is not done, such shall not be deemed a deviation. If by reason of or in compliance with any such direction or recommendation the Vessel does not proceed to any place of discharge to which she has been ordered pursuant to this Charter, the Vessel may proceed to any place which the master or Owners in his/her or their discretion select and there discharge the cargo or such part of it as may be affected. Such discharge shall be deemed to be due fulfilment of Owners’ obligations under this Charter so far as cargo so discharged is concerned. Charterers shall procure that all Bills of Lading issued under this Charter shall contain the Chamber of Shipping War Risks Clause 1952.
Appears in 3 contracts
Samples: LNG Time Charter Party (GasLog Partners LP), Master Time Charter Party (GasLog Ltd.), Master Time Charter Party (GasLog Ltd.)
War Risks. (a) a. The master shall not be required or bound to sign Bills bills of Lading lading for any place which in his or Owners’ reasonable opinion is dangerous or impossible for the Vessel to enter or reach owing to any blockade, war, hostilities, warlike operations, civil war, civil commotions, terrorism commotion or piracy revolutions.
(b) b. If in the reasonable opinion of the master or Owners it becomes, for any of the reasons set out in Clause 36 (a) or by under the operation of international law, dangerous, impossible or prohibited for the Vessel to reach or enter, enter or to load or discharge cargo at, any place to which the Vessel has been ordered pursuant to this Charter (a “place of peril”), then Charterers or their agents shall be immediately notified in writing by telex, email or by radio messages, and Charterers shall thereupon have the right to order the cargo, or such part of it as may be affected, to be loaded or discharged, as the case may be, at any other place within the trading limits of this Charter (provided such other place is not itself a place of peril). If any place of discharge is or becomes a place of peril, and no orders have been received from Charterers or their agents within 48 hours after dispatch of such messages, then Owners shall be at liberty to discharge the cargo or such part of it as may be affected at any place suitable for the discharge of LNG which they or the master may in their or his discretion select within the trading limits of this Charter and such discharge shall be deemed to be due fulfilment fulfillment of Owners Owners’ obligations under this Charter so far as cargo so discharged is concerned.
(c) c. The Vessel shall have liberty to comply with any directions or recommendations as to departure, arrival, routes, ports of call, stoppages, destinations, zones, waters, delivery or in any other wise whatsoever given by the government of the state under whose flag the Vessel sails or any other government or local authority or by any person or body acting or purporting to act as or with the authority of any such government or local authority including any de facto government or local authority or by any person or body acting or purporting to act as or with the authority of any such government or local authority or by any committee or person having under the terms of the war risks insurance on the Vessel the right to give any such directions or recommendations. If by reason of or in compliance with any such directions or recommendations anything is done or is not done, such shall not be deemed a deviation. If by reason of or in compliance with any such direction or recommendation the Vessel does not proceed to any place of discharge to which she has been ordered pursuant to this Charter, the Vessel may proceed to any place which the master or Owners in his/her his or their discretion select and there discharge the cargo or such part of it as may be affected. Such discharge shall be deemed to be due fulfilment fulfillment of Owners’ Owners obligations under this Charter so far as cargo so discharged is concerned. Charterers shall procure that all Bills All bills of Lading lading issued under this Charter shall contain the Chamber of Shipping War Risks Clause 1952.
Appears in 3 contracts
Samples: Time Charter Party (APT Sunshine State LLC), Time Charter Party (APT Sunshine State LLC), Time Charter Party (APT Sunshine State LLC)
War Risks. (a) 35.1 The master Master shall not be required or bound to sign Bills of Lading for any place which in his or Owners’ Owner’s reasonable opinion is dangerous or impossible for the Vessel to enter or reach owing to any blockade, war, hostilities, warlike operations, civil war, civil commotions, terrorism revolutions, act of piracy, acts of terrorists, acts of hostility or piracy revolutionsmalicious damage.
(b) 35.2 If in the reasonable opinion of the master Master or Owners Owner it becomes, for any of the reasons set out in Clause 36 (a) 35.1 or by the operation of international law, dangerous, impossible or prohibited for the Vessel to reach or enter, or to load or discharge cargo at, any place to which the Vessel has been ordered pursuant to this Charter (a “place of peril”), then Charterers Charterer or their its agents shall be immediately notified in writing or by radio messages, and Charterers Charterer shall thereupon have the right to order the cargo, or such part of it as may be affected, to be loaded or discharged, as the case may be, at any other place within the trading limits of this Charter (provided such other place is not itself a place of peril). If any place of discharge is or becomes a place of peril, and no orders have been received from Charterers Charterer or their its agents within 48 hours ***** after dispatch of such messages, then Owners Owner shall be at liberty to discharge the cargo or such part of it as may be affected at any place suitable for the discharge of LNG which they it or the master Master may in their its or his discretion select within the trading limits of this Charter and such discharge shall be deemed to be due fulfilment of Owners Owner’s obligations under this Charter so far as cargo so discharged is concerned.
(c) 35.3 The Vessel shall have liberty to comply with any directions or recommendations as to departure, arrival, routes, ports of or call, stoppages, destinations, zones, waters, delivery or in any other wise instructions whatsoever given by the government of the state under whose flag of the Vessel sails Registry or any other government or local authority Governmental Authority or by any person Person or body acting or purporting to act as or with the authority of any such government or local authority Governmental Authority including any de facto government or local authority Governmental Authority or by any person Person or body acting or purporting to act as or with the authority of any such government or local authority Governmental Authority or by any committee or person Person having under the terms of the war risks insurance on the Vessel the right to give any such directions or recommendations. If by reason of or in compliance with any such directions or recommendations anything is done or is not done, such shall not be deemed a deviation. If by reason reasons of or in compliance with any such direction or recommendation recommendations the Vessel does not proceed to any place of discharge to which she has been ordered pursuant to this Charter, the Vessel may proceed to any place which the master Master or Owners Owner in his/her his or their its discretion select and there discharge the cargo or such part of it as may be affected. Such discharge shall be deemed to be due fulfilment of Owners’ Owner’s obligations under this Charter so far as cargo so discharged is concerned. Charterers .
35.4 Charterer shall procure that all Bills of Lading issued under this Charter shall contain the Chamber of Shipping War Risks provisions equivalent to this Clause 195235.
Appears in 2 contracts
Samples: Time Charter Party (Golar LNG Partners LP), Time Charter Party (Golar LNG Partners LP)
War Risks. (a) The master shall not If any port of loading or of discharge named in this Charter Party or to which the Vessel may properly be required or bound ordered pursuant to sign the terms of the Bills of Lading for any place which in his or Owners’ reasonable opinion is dangerous or impossible for the Vessel to enter or reach be blockaded, or
(b) If owing to any blockade, war, hostilitieshostilitie, warlike operations, civil war, civil commotions, terrorism revolutions or piracy revolutions.
(b) If in the reasonable opinion of the master or Owners it becomes, for any of the reasons set out in Clause 36 (a) or by the operation of international law, dangerous, impossible law (a) entry to any such port of loading or of discharge or the loading or discharge of cargo at any such port be considered by the Master or Owners in his or their discretion dangerous or prohibited or (b) it be considered by the Master or Owners in his or their discretion dangerous or impossible for the Vessel to reach or enter, or to load any such port of loading or discharge cargo at, any place to which – the Vessel has been ordered pursuant to this Charter (a “place of peril”), then Charterers or their agents shall be immediately notified in writing or by radio messages, and Charterers shall thereupon have the right to order the cargo, or such part of it as may be affected, to be loaded or discharged, as the case may be, at any other place within the trading limits of this Charter (provided such other place is not itself a place of peril). If any place of discharge is or becomes a place of peril, and no orders have been received from Charterers or their agents within 48 hours after dispatch of such messages, then Owners shall be at liberty to discharge the cargo or such part of it as may be affected to be loaded or discharged at any place suitable other safe port of loading or of discharge within the range of loading or discharging ports respectively established under the provisions of the Charter Party (provided such other port is not blockaded or that entry thereto or loading or discharge or cargo thereat is not in the Master’s or Owner’s discretion dangerous or prohibited). If in respect of a port of discharge no orders be received from the Charterers within 48 hours after they or their agents have received from the Owners a request for the nomination of a substitute port, the Owners shall then be at liberty to discharge of LNG the cargo at any safe port which they or the master Master may in their or his discretion select decide on (whether within the trading limits range of this discharging ports established under the provisions of the Charter Party or not) and such discharge shall be deemed to be due fulfilment fulfillment of Owners obligations under this Charter the contract or contracts of affreightment so far as cargo so discharged is concerned. In the event of the cargo being loaded or discharged at any such other port within the respective range of loading or discharging ports established under the provisions of the Charter Party, the Charter Party shall be read in respect of freight and all other conditions whatsoever as if the voyage performed were that originally designated. In the event, however, that the Vessel discharges the cargo at a port outside the range of discharging ports established under the provisions of the Charter Party, freight shall be paid as for the voyage originally designated and all extra expenses involved in reaching the actual port of discharge and or discharging the cargo thereat shall be paid by the Charterers or Cargo Owners. In the latter event the Owners shall have a lien on the cargo for all such extra expenses.
(c) The Vessel shall have liberty to comply with any directions or recommendations as to departure, arrival, routes, ports of call, stoppages, destinations, zones, waters, delivery or in any other wise otherwise whatsoever given by the government of the state nations under whose flag the Vessel sails or any other government or local authority including any de faco government or local authority or by any person or body acting or purporting to act as or with the authority of any such government or local authority including any de facto government or local authority or by any person or body acting or purporting to act as or with the authority of any such government or local authority or by any committee or person having under the terms of the war risks insurance on the Vessel vessel the right to give any such directions or recommendations. If by reason of or in compliance with any such directions or recommendations recommendations, anything is done or is not done, done such shall not be deemed a deviation. If by reason of or in compliance with any such direction or recommendation the Vessel does not proceed to any place the port or ports of discharge originally designated or to which she has may have been ordered pursuant to this Charterthe terms of the Bills of Lading, the Vessel may proceed to any place safe port of discharge which the master Master or Owners in his/her his or their discretion select may decide on and there discharge the cargo or such part of it as may be affectedcargo. Such discharge shall be deemed to be due fulfilment fulfillment of Owners’ obligations under this Charter so far the contract or contracts of affreightment and the Owners shall be entitled to freight as cargo so discharged is concerned. Charterers shall procure that all if discharge has been effected at the port or ports originally designated or to which the vessel may have been ordered pursuant to the terms of the Bills of Lading issued under this Charter Lading. All extra expenses involved in reaching and discharging the cargo at any such other port of discharge shall contain be paid by the Chamber of Shipping War Risks Clause 1952Charterers and/or Cargo Owners and the Owners shall have a lien on the cargo for freight and all such expenses.
Appears in 1 contract
Samples: Tanker Voyage Charter Party
War Risks. (a) The master shall not be required or bound to sign Bills bills of Lading lading for any place which in his or Owners’ Owner’s reasonable opinion is dangerous or impossible for the Vessel to enter or reach owing to any blockade, war, hostilities, warlike operations, civil war, civil commotions, terrorism commotions or piracy revolutions.
(b) If in the reasonable opinion of the master or Owners Owner it becomes, for any of the reasons set out in Clause 36 (a38(a) or by the operation of international law, dangerous, impossible or prohibited for the Vessel to reach or enter, or to load or discharge cargo at, any place to which the Vessel has been ordered pursuant to this Charter (a “place of peril”), then Charterers Charterer or their its agents shall be immediately notified in writing by telex or by radio messages, and Charterers Charterer shall thereupon have the right to order the cargo, or such part of it as may be affected, to be loaded or discharged, as the case may be, at any other place within the trading limits of this Charter (provided such other place is not itself a place of peril). If any place of discharge is or becomes a place of peril, and no orders have been received from Charterers Charterer or their its agents within 48 ***** hours after dispatch of such messages, then Owners Owner shall be at liberty to discharge the cargo or such part of it as may be affected at any place suitable for the discharge of LNG which they Owner or the master may in their its or his discretion select within the trading limits of this Charter and such discharge shall be deemed to be due fulfilment fulfillment of Owners Owner’s obligations under this Charter so far as the cargo so discharged is concerned.
(c) The Vessel shall have liberty to comply with any directions or recommendations as to departure, arrival, routes, ports of call, stoppages, destinations, zones, waters, delivery or in any other wise whatsoever given by the government of the state under whose flag the Vessel sails Flag State or any other government or local authority or by any person or body acting or purporting to act as or with the authority of any such government or local authority including any de facto government or local authority or by any person or body acting or purporting to act as or with the authority of any such government or local authority or by any committee or person having under the terms of the war risks insurance on the Vessel the right to give any such directions or recommendations. If by reason of or in compliance with any such directions or recommendations anything is done or is not done, such shall not be deemed a deviation. If by reason of or in compliance with any such direction or recommendation the Vessel does not proceed to any place of discharge to which she has been ordered pursuant to this Charter, the Vessel may proceed to any place which the master or Owners Owner in his/her his or their its discretion select and there discharge the cargo or such part of it as may be affected. Such discharge shall be deemed to be due fulfilment fulfillment of Owners’ Owner’s obligations under this Charter so far as the cargo so discharged is concerned; provided, however, that Owner shall use reasonable endeavors to advise Charterer of the proposed alternative place of discharge and shall, insofar as is practicable in the circumstances, take into consideration any alternative proposal of Charterer. Charterers Charterer shall procure that all Bills bills of Lading lading issued under this Charter shall contain the Chamber of Shipping War Risks Clause 1952clauses consistent with Conwartime 2004, and any amendments thereof.
Appears in 1 contract
War Risks. (a) The master shall not be required or bound to sign Bills bills of Lading lading for any place which in his or Owners’ Owner’s reasonable opinion is dangerous or impossible for the Vessel to enter or reach owing to any blockade, war, hostilities, warlike operations, civil war, civil commotionscommotions or revolutions. 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, terrorism or piracy revolutionsAND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH FIVE ASTERISKS (*****).
(b) If in the reasonable opinion of the master or Owners Owner it becomes, for any of the reasons set out in Clause 36 (a38(a) or by the operation of international law, dangerous, impossible or prohibited for the Vessel to reach or enter, or to load or discharge cargo at, any place to which the Vessel has been ordered pursuant to this Charter (a “place of peril”), then Charterers Charterer or their its agents shall be immediately notified in writing by telex or by radio messages, and Charterers Charterer shall thereupon have the right to order the cargo, or such part of it as may be affected, to be loaded or discharged, as the case may be, at any other place within the trading limits of this Charter (provided such other place is not itself a place of peril). If any place of discharge is or becomes a place of peril, and no orders have been received from Charterers Charterer or their its agents within 48 ***** hours after dispatch of such messages, then Owners Owner shall be at liberty to discharge the cargo or such part of it as may be affected at any place suitable for the discharge of LNG which they Owner or the master may in their its or his discretion select within the trading limits of this Charter and such discharge shall be deemed to be due fulfilment fulfillment of Owners Owner’s obligations under this Charter so far as the cargo so discharged is concerned.
(c) The Vessel shall have liberty to comply with any directions or recommendations as to departure, arrival, routes, ports of call, stoppages, destinations, zones, waters, delivery or in any other wise whatsoever given by the government of the state under whose flag the Vessel sails Flag State or any other government or local authority or by any person or body acting or purporting to act as or with the authority of any such government or local authority including any de facto government or local authority or by any person or body acting or purporting to act as or with the authority of any such government or local authority or by any committee or person having under the terms of the war risks insurance on the Vessel the right to give any such directions or recommendations. If by reason of or in compliance with any such directions or recommendations anything is done or is not done, such shall not be deemed a deviation. If by reason of or in compliance with any such direction or recommendation the Vessel does not proceed to any place of discharge to which she has been ordered pursuant to this Charter, the Vessel may proceed to any place which the master or Owners Owner in his/her his or their its discretion select and there discharge the cargo or such part of it as may be affected. Such discharge shall be deemed to be due fulfilment fulfillment of Owners’ Owner’s obligations under this Charter so far as the cargo so discharged is concerned; provided, however, that Owner shall use reasonable endeavors to advise Charterer of the proposed alternative place of discharge and shall, insofar as is practicable in the circumstances, take into consideration any alternative proposal of Charterer. Charterers Charterer shall procure that all Bills bills of Lading lading issued under this Charter shall contain the Chamber of Shipping War Risks Clause 1952.clauses consistent with Conwartime 2004, and any amendments thereof. Execution version re Hull 1689
Appears in 1 contract
War Risks. (a) The master shall not be required or bound to sign Bills bills of Lading lading for any place which in his or Owners’ reasonable opinion is dangerous or impossible for the Vessel vessel to enter or reach owing to any blockade, war, hostilities, warlike operations, civil war, civil commotions, terrorism commotions or piracy revolutions.
(b) If in the reasonable opinion of the master or Owners it becomes, for any of the reasons set out in Clause 36 (a36(a) or by the operation of international law, dangerous, dangerous impossible or prohibited for the Vessel vessel to reach or enter, or to load or discharge cargo at, any place to which the Vessel vessel has been ordered pursuant to this Charter charter (a “place of peril”), then Charterers or their agents shall be immediately notified in writing by telex or by radio messages, and Charterers shall thereupon have the right to order the cargo, or such part of it as may be affected, to be loaded or discharged, as the case may be, at any other place within the trading limits of this Charter charter (provided such other place is not itself a place of peril). If any place of discharge is or becomes a place of peril, and no orders order have been received from Charterers or their agents within 48 hours after dispatch of such messages, then Owners shall be at liberty to discharge the cargo or such part of it as may be affected at any place suitable for the discharge of LNG which they or the master may in their or his discretion select within the trading limits of this Charter charter and such discharge shall be deemed to be due fulfilment fulfillment of Owners Owners’ obligations under this Charter charter so far as cargo so discharged is concerned.
(c) The Vessel vessel shall have liberty to comply with any directions or recommendations as to departure, arrival, routes, ports of call, stoppagesstoppage, destinations, zones, waters, delivery or in any other wise otherwise whatsoever given by the government of the state under whose flag the Vessel vessel sails or any other government or local authority or by any person or body acting or purporting to act as or with the authority of any such government or local authority including any de facto government or local authority or by any person or body acting or purporting to act as or with the authority of any such government or local authority or by any committee or person having under the terms of the war risks insurance on the Vessel vessel the right to give any such directions or recommendations. If by reason of or in compliance with any such directions or recommendations anything is done or is not done, such shall not be deemed a deviation. If by reason of or in compliance with any such direction or recommendation the Vessel vessel does not proceed to any place of discharge to which she has been ordered pursuant to this Chartercharter, the Vessel vessel may proceed to any place which the master or Owners in his/her his or their discretion select and there discharge the cargo or such part of it its as may be affected. Such discharge shall be deemed to be due fulfilment fulfillment of Owners’ obligations under this Charter charter so far as cargo so discharged is concerned. Charterers shall procure that all Bills bills of Lading lading issued under this Charter charter shall contain the Chamber foregoing clause so far as applicable to Bills of Shipping War Risks Clause 1952Lading.
Appears in 1 contract
Samples: Charter Party
War Risks. (a) The master Master shall not be required or bound to sign Bills of Lading for any place which in his or Owners’ Owner’s reasonable opinion is dangerous or impossible for the Vessel to enter or reach owing due to any blockade, war, hostilities, warlike operations, civil war, civil commotions, terrorism revolutions, acts of piracy, acts of terrorists, acts of hostility or piracy revolutionsmalicious damage.
(b) If If, in the reasonable opinion of the master Master or Owners Owner it becomes, for any of the reasons set out in Clause 36 (a39(a) or by the operation of international law, dangerous, impossible or prohibited for the Vessel to reach or enter, or to load or discharge cargo at, any place to which the Vessel has been ordered pursuant to this Time Charter Party (a “place Place of perilPeril”), then Charterers Charterer or their agents its agent shall be immediately notified in writing or by radio messages, and Charterers Charterer shall thereupon have the right to order the cargo, or such part of it as may be affected, to be loaded or discharged, as the case may be, at any other place within the trading limits of set out in this Time Charter Party (provided such other place is not itself a place Place of perilPeril). If any place of discharge is or becomes a place Place of perilPeril, and no orders have been received from Charterers Charterer or their agents its agent within 48 forty eight (48) hours after dispatch of such messages, then Owners Owner shall be at liberty to discharge the cargo or such part of it as may be affected at any place suitable for the discharge of LNG which they it or the master Master may in their its or his discretion select within the trading limits of set out in this Time Charter Party, and such discharge shall be deemed to be due fulfilment of Owners Owner’s obligations under this Time Charter Party so far as cargo so discharged is concerned.
(c) The Vessel shall have liberty to comply with any directions or recommendations as to departure, arrival, routes, ports of call, stoppages, destinations, zones, waters, delivery or in any other wise matter whatsoever given by by:
(i) the government of the state under whose flag the Vessel sails or any other government or local authority authority, or by any person or body acting or purporting to act as or with the authority of any such government or local authority authority, including any de facto government or local authority or by any person or body acting or purporting to act as or with the authority of any such government or local authority or by authority; or
(ii) any committee or person having under the terms of the war risks insurance on the Vessel the right to give any such directions or recommendations. If .
(d) If, by reason of or in compliance with any such directions direction or recommendations recommendation in accordance with this Clause 39 anything is done or is not done, such shall not be deemed a deviation. If by reason of or in compliance with any such direction or recommendation the Vessel does not proceed to any place of discharge to which she has been ordered pursuant to this CharterTime Charter Party, the Vessel may proceed to any place which the master Master or Owners Owner in his/her his or their its discretion select and there discharge the cargo or such part of it as may be affected. Such discharge shall be deemed to be due fulfilment of Owners’ Owner’s obligations under this Time Charter Party so far as cargo so discharged is concerned. Charterers .
(e) Charterer shall procure that all Bills of Lading issued under this Charter shall contain the Chamber of Shipping War Risks provisions equivalent to this Clause 195239.
Appears in 1 contract
War Risks. (a) The master shall not If any port of loading or of discharge named in this Charter Party or to which the Vessel may properly be required or bound ordered pursuant to sign the terms of the Bills of Lading for any place which in his be blockaded, or Owners’ reasonable opinion is dangerous or impossible for the Vessel to enter or reach (b)If owing to any blockade, war, hostilities, warlike operations, civil war, civil commotions, terrorism revolutions or piracy revolutions.
(b) If in the reasonable opinion of the master or Owners it becomes, for any of the reasons set out in Clause 36 (a) or by the operation of international law, dangerous, impossible law (a) entry to any such port of loading or of discharge or the loading or discharge of cargo at any such port be considered by the Master or Owners in his or their discretion dangerous or prohibited or (b) it be considered by the Master or Owners in his or their discretion dangerous or impossible for the Vessel to reach or enter, or to load any such port of loading or discharge cargo at, any place to which - the Vessel has been ordered pursuant to this Charter (a “place of peril”), then Charterers or their agents shall be immediately notified in writing or by radio messages, and Charterers shall thereupon have the right to order the cargo, or such part of it as may be affected, to be loaded or discharged, as the case may be, at any other place within the trading limits of this Charter (provided such other place is not itself a place of peril). If any place of discharge is or becomes a place of peril, and no orders have been received from Charterers or their agents within 48 hours after dispatch of such messages, then Owners shall be at liberty to discharge the cargo or such part of it as may be affected to be loaded or discharged at any place suitable other safe port of loading or of discharge within the range of loading or discharging ports respectively established under the provisions of the Charter Party (provided such other ports is not blockaded or that entry thereto or loading or discharge of cargo thereat is not in the Master’s or Owner’s discretion dangerous or prohibited). If in respect of a port of discharge no orders be received from the Charterers within 48 hours after they or their agents have received from the Owners a request for the nomination of a substitute port, the Owners shall then be at liberty to discharge of LNG the cargo at any safe port which they or the master Master may in their or his discretion select decide on (whether within the trading limits range of this discharging ports established under the provisions of the Charter Party or not) and such discharge shall be deemed to be due fulfilment of Owners obligations under this Charter so far as cargo so discharged is concerned.
(c) The Vessel shall have liberty to comply with any directions or recommendations as to departure, arrival, routes, ports of call, stoppages, destinations, zones, waters, delivery or in any other wise whatsoever given by the government fulfillment of the state under whose flag the Vessel sails contract or any other government or local authority or by any person or body acting or purporting to act as or with the authority contracts of any such government or local authority including any de facto government or local authority or by any person or body acting or purporting to act as or with the authority of any such government or local authority or by any committee or person having under the terms of the war risks insurance on the Vessel the right to give any such directions or recommendations. If by reason of or in compliance with any such directions or recommendations anything is done or is not done, such shall not be deemed a deviation. If by reason of or in compliance with any such direction or recommendation the Vessel does not proceed to any place of discharge to which she has been ordered pursuant to this Charter, the Vessel may proceed to any place which the master or Owners in his/her or their discretion select and there discharge the cargo or such part of it as may be affected. Such discharge shall be deemed to be due fulfilment of Owners’ obligations under this Charter affreightment so far as cargo so discharged is concerned. In the event of the cargo being loaded or discharged at any such other port within the respective range of loading or discharging ports established under the provisions of the Charter Party, the Charter Party shall be read in respect of freight and all other conditions whatsoever as if the voyage performed were that originally designated. In the event, however, that the Vessel discharges the cargo at a port outside the range of discharging ports established under the provisions of the Charter Party, freight shall be paid as for the voyage originally designated and all extra expenses involved in reaching the actual port of discharge and or discharging the cargo thereat shall be paid by the Charterers or Cargo Owners. In the latter event the Owners shall procure that have a lien on the cargo for all Bills of Lading issued under this Charter shall contain the Chamber of Shipping War Risks Clause 1952such extra expenses.
Appears in 1 contract
Samples: Charter Agreement