Code word for this Charter Party
Exhibit 4.28
Code word for this Charter Party
"SHELLTIME 4"
Issued December 1984 amended December 2003
LONDON – 14th February 2022
IT IS THIS DAY AGREED between Malibu Warrior Inc.
of Xxxxxxxx Islands (hereinafter referred to as "Owners"), being owners of the
good motor/stream* vessel called Eco Xxxxxxx Hills (ex. Hull S875) – IMO No. 9794068
(hereinafter referred to as "the Vessel") described as per Clause 1 hereof and Trafigura Maritime Logistics Pte Ltd.
of Singapore (hereinafter referred to as "Charterers"):
Description and Condition of Vessel |
1 |
As the date of delivery of the vessel under this charter and throughout the charter period: |
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(a) | she shall be classed by a Classification Society which is a member of the International Association of Classification Societies; | ||
(b) | she shall be in every way fit to carry |
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Charts have the right to load five (5) grades of |
Charterers shall have the option to load and carry CPP (including but not limited to gasoil/ulsd /gasoline/jet) without option to trade the vessel in CPP. Always in compliance with the attached vessel's "Tank Coating Resistance List" provided by Paint Manufacturer and Shipyard (Vessel's PSPC COT – Certified Coating System is BANNOH 1500 (QD)).
In such case, if any fresh water rinsing/ tank cleaning/ preparation for such cargoes, including any time (if needed) will be for charterers account.
(c) |
she shall be tight, staunch, strong, in good order and condition, and in every way fit for the service, with her machinery, boilers, hull and other equipment (including but not limited to hull stress calculator, radar, computers and computer systems) in a good and efficient state: |
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(d) |
her tanks, valves and pipelines shall be oil-tight; |
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(e) |
she shall be in every way fitted for burning, in accordance with the grades specified in Clause 29 hereof: |
(i) |
at sea, fuel oil for main propulsion and fuel oil/marine gasoil |
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(ii) |
in port, fuel oil/marine gasoil |
(f) |
she shall comply with the regulations in force so as to enable her to pass through the Suez and Panama Canals by day and night without delay; |
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(g) |
she shall have on board all certificates, documents and equipment required from time to time by any applicable law to enable her to perform the charter service without delay; |
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(h) |
she shall comply with the description in the OCIMF Harmonised Vessel Particulars Questionnaire appended hereto as Appendix A, provided however that if there is any conflict between the provisions of this questionnaire and any other provision, including this Clause 1, of this charter such other provisions shall govern; |
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(i) | her ownership structure, flag, registry, classification society and management company shall not be changed without Charterers prior consent which not to be unreasonably withheld: |
Safety Management |
(j) |
Owners will operate: |
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(i) | a safety management system certified to comply with the International Safety Management Code (ISM Code) for the Safe operation of Ships and for Pollution Prevention; | |||
(ii) | a documented safe working procedures system (including procedures for the identification and mitigation of risks); | |||
(iii) | a documented environmental management system; | |||
(iv) | documented accident/incident reporting system complaint with flag state requirements; |
Code word for this Charter Party
"SHELLTIME 4"
Issued December 1984 amended December 2003
Charterers may at any time request an inspection of the relevant compliance documentation and/or safety management certificate and upon receipt of such a request the Owners shall forthwith provide the same.
(k) |
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(l) |
Owners shall maintain Health Safety Environmental (HSE) records sufficient to demonstrate compliance with the requirements of their HSE system and of this charter. Charterers reserve the right to confirm compliance with HSE requirements by audit of Owners. |
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(m) |
Owners will arrange at their expense for a SIRE inspection to be carried out at intervals of |
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VESSEL 2 – 3 (ECO XXXXXXX HILLS AND ECO BELL AIR) – BOTH VESSELS TO BE DELIVERED WITH VALID PHYSICAL DISCHARGE SIRE INSPECTIONS MAXIMUM 4 MONTHS OLD ON DELIVERY. |
Shipboard Personnel and their Duties |
2 |
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(a) | At the date of delivery of the vessel under this charter and throughout the charter period: | |||
(i) | she shall have a full and efficient complement of master, officers and crew for a vessel of her tonnage, who shall in any event be not less than the number required by the laws of the flag state and who shall be trained to operate the vessel and her equipment competently and safely; | |||
(ii) | all shipboard personnel shall hold valid certificates of competence in accordance within the requirements of the law of the flag state; | |||
(iii) | all shipboard personnel shall be trained in accordance with the relevant provisions of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1995 or any additions, modifications or subsequent versions thereof; | |||
(iv) | there shall be on board sufficient personnel with a good working knowledge of the English language to enable cargo operations at loading and discharging places to be carried out efficiently and safely and to enable communications between the vessel and those loading the vessel or accepting discharge there from to be carried out quickly and efficiently. | |||
(v) | the terms of employment of the vessels staff and crew will always remain acceptable to The International Transport Workers Federation and the vessel will at all times carry a Blue Card; | |||
(vi) | the nationality of the vessels officers given in the OCIMF Vessel Particulars. Questionnaire referred to in Clause 1 (h) will not change without Charterers prior agreement. | |||
(b) | Owners guarantee that throughout the charter service the master shall with the vessel's officers and crew, unless otherwise ordered by Xxxxxxxxxx; | |||
(i) | prosecute all voyages with the utmost despatch; | |||
(ii) | render all customary assistance; and | |||
(iii) | load and discharge cargo as rapidly as possible when required by Charterers or their agents to do so, by night or by day, but always in accordance with the laws of the place of loading or discharging (as the case may be) and in each case in accordance with any applicable laws of the flag state. | |||
Code word for this Charter Party
"SHELLTIME 4"
Issued December 1984 amended December 2003
Duty to Maintain |
3 | |||
(a) |
Throughout the charter service Owners shall, whenever the passage of time, wear and tear or any event (whether or not coming within Clause 27 hereof) requires steps to be taken to maintain or restore the conditions stipulated in Clauses 1 and 2(a) exercise due diligence so to maintain or restore the vessel, |
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(b) | If at any time whilst the vessel is on hire under this charter the vessel fails to comply with the requirements of Clauses 1.2(a) or 10 then hire shall be reduced to the extent necessary to indemnify Charterers for such failure. If and to the extent that such failure affects the time taken by the vessel to perform any services under this charter, hire shall be reduced by an amount equal to the value, calculated at the rate of hire, of the time so lost. | |||
Any reduction of hire under this sub-Clause (b) shall be without prejudice to any other remedy available to Charterers, but where such reduction of hire is in respect of time lost, such time shall be excluded from any calculation under Clause 24. | ||||
(c) | If Owners are in breach of their obligation under Clause 3(a). Charterers may so notify Owners in writing and if, after the expiry of 30 days following the receipt by Owners of any such notice, Owners have failed to demonstrate to Charterers' reasonable satisfaction the exercise of due diligence as required in Clause 3(a), the vessel shall be off-hire, and no further hire payments shall be due, until Owners have so demonstrated that they are exercising such due diligence. | |||
(d) | Owners shall advise Charterers immediately, in writing, should the vessel fail an inspection by, but not limited to, a government and/or port state authority, and /or terminal and/or major charter or similar tonnage, Owners shall simultaneously advise Charterers of their proposed course of action to remedy the defects which have caused the failure of such inspection. | |||
(e) | If, in Charterers reasonably held view: | |||
(i) | failure of an inspection, or, | |||
(ii) | any serious finding of an inspection, | |||
referred to in Clause 3 (d) prevents normal commercial operations then Charterers have the option to place the vessel off-hire 30 days after from the date and time that the vessel fails
such inspection, or becomes commercially inoperable, until the date and time that the vessel passes a re-inspection provided vessel's trading patterns permit a re-inspection and providing SIRE regulation permit |
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(f) | Furthermore, at any time while the vessel is off-hire for a period of more than 15 continuous days under this Clause 3 (with the exception of Clause 3 (d) and (e) |
Period Trading Limits and Safe Places |
4 |
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(a) | Owners agree to let and Charterers agree to hire the vessel for a period of minimum 20 months to maximum 26 months |
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In any part of the world, as Charterers shall direct, subject to the limits of the current British Institute Warranties and any subsequent amendments thereof. |
Code word for this Charter Party
"SHELLTIME 4"
Issued December 1984 amended December 2003
Trading area: trading worldwide, always within INL and any subsequent amendments thereof, excluding Alaska, Burma (Myanmar), Chinese
river ports, Cuba, Eritrea, Iran, Israel, Lake Maracaibo, Orinoco River, inner ports and berths in Nigeria (except Port Xxxxxxxx, xxxxx and Lagos ports
permitted provided vessel uses and anchors in the sea; else Gulf of Guinea clause incorporated in to this xxxxxx shall apply), North Korea, Somalia, South Sudan, Sudan or Syria, Turkish occupied Cyprus, war and warlike areas, any
trade with or which involves Cuba or with any person (whether an individual or entity) who are incorporated and/or based and/or managed and/or operated from Cuba or acting on behalf of a person based in Cuba; or beneficially or legally owned (in
whole or in part) or controlled by or acting on behalf of the Cuban government; or beneficially or legally owned or controlled by any person incorporated and/or based and/or managed and/or operated from Cuba. The Charter warrants
that they shall not utilise the vessel or permit the vessel to be utilised in any trade: (a) which is unlawful AND/OR VIOLATES ANY US/US/EU SANCTIONS OR UN/US/EU BOYCOTT; or (b) with or which involves Iran, South Sudan, Sudan, Syria,
North Korea or any other country over which the united states, or the European union, or the united nations, or other national supranational or international body/organization, maintain or impose an embargo, boycott, economic sanctions (including
comprehensive country wide economic sanctions) or other restrictions, whenever enacted and in force; or (e) which involves the carriage of any cargo which originates in or is exported from or to such countries and/or any trade with or for any
person (whether an individual or entity, including but not limited to all sub-charterers, shippers, receivers, other cargo interests) who are (i) incorporated and/or based and/or managed and/or operated from any such countries or otherwise acting
on behalf of a person (whether an individual or entity) who is based within such country; or (ii) beneficially or legally owned (in whole or in part) or controlled by or acting on behalf of the government of such countries; or (iii) beneficially or
legally owned or controlled by any person (whether an individual or entity) incorporated and/or based and/or managed and/or operated from such countries.
If sanctions are lifted against Venezuela or Iran, owners will consider calling but cannot confirm it nor guarantee it. The parties to discuss openly. Owners confirm no premiums will be asked to add Venezuela and/or Iran if/when sanctions are lifted provided P&I / Class / Flag allows to re-instate these countries in the trading range.
Notwithstanding the foregoing, but subject to Clause 35, Charterers may not order the vessel to ice-bound waters. Vessel shall not be required to force ice, nor follow ice-breaker(s). Vessel to trade always within INL and shall not be required to enter any Ice bond port, or any port where lights or lightships have been or are about to be withdrawn by reason of ice, or where there is risk in the ordinary cause of things the vessel will not be able on account of ice to safely enter the port or to depart after having completed loading or discharging or to any part of the world outside such limits provided that Owners consent thereto (such consent not to be unreasonably withheld) and that Charterers pay for any insurance premium required by the Vessel's underwriters as a consequence of such order.
(b) |
Any time during which the vessel is off-hire under this charter may be added to the charter period in Charterers option up to the total amount of time spent
off-hire. In such cases the rate of hire will be that prevailing at the time the vessel would, but for the provisions of this Clause, have been redelivered. Xxxxxxxxx's to declare whether or not they will exercise this option a minimum of 1
month |
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(c) |
Charterers shall use due diligence to ensure that the vessel is only employed between and at safe places (which expression when used in this charter shall include parts, berths, wharves, docks, anchorages, submarine lines, alongside vessels or lighters, and other locations including locations at sea) where she can safely lie always afloat. Notwithstanding anything contained in this or any other clause of this charter. Charterers do not warrant the safety of any place to which they order the vessel and shall be under no liability in respect thereof except for loss or damage caused by their failure to exercise due diligence as aforesaid. Subject as above, the vessel shall be loaded and discharged at any places as Charterers may direct, provided that Charterers shall exercise due diligence to ensure that any ship-to-ship transfer operations shall conform to standards not less than those set out in the latest published edition of the ICS/OCIMF Ship to Ship Transfer Guide. |
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(d) |
Unless otherwise agreed, the vessel shall be delivered by Owners |
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(e) |
The vessel will deliver with virgin tanks (VSL. NO 2+3 WILL DELIVER WITH COTs free of last DPP cargo) AND FREE OF SLOPS and will redeliver with last
3 cargoes. DPP |
Code word for this Charter Party
"SHELLTIME 4"
Issued December 1984 amended December 2003
(f) |
Owners are required to give Charterers 30/20/15 approximate and then definite 10/7/5/3/2/1 days prior notice of delivery including port and last 3 cargoes. Charterers are required to give Owners 30/20/15 approximate days notice of re-delivery and then 10/7/5/3/2/1 definite days prior notice of redelivery including port and last 3 cargoes. |
Laydays/ Cancelling |
5 |
The vessel shall not be delivered to Charterers before 14th April 2022.
And Charterers shall have the option of cancelling this xxxxxx if the vessel is not ready and as their disposal on or before 30th June 2022. |
Owners to Provide |
6 | Owners undertake to provide and to pay for all provisions, wages (including but not limited to all overtime payments), and shipping and discharging fees and all other expenses of the master, officers and crew; also, except as provided in Clauses 4 and 34 hereof, for all insurance on the vessel, for all deck, cabin and engine-room stores, and for water except fresh water used for cleaning of tanks between cargoes and/or for Charterers purpose. Charterers to provide fresh water if vessel doing coastal voyage or if vessel unable to generate fresh water due to Charterers trading patterns; for all drydocking overhaul, maintenance and | |
repairs to the vessel; and for all fumigation expenses and de-rat certificates. Owners' obligations under this Clause 6 extend to all liabilities for customs or import duties arising at any time during the performance of this charter in relation to the personal effects of the master, officers and crew, and in relation to the stores, provisions and other matters aforesaid which Owners are to provide and pay for and Owners shall refund to Charterers any sums Charterers or their agents may have paid or have been compelled to pay in respect of any such liability. Any amounts allowable in general average for wages and provisions and stores shall be credited to Charterers in so far as such amounts are in respect of a Period when the vessel is co-hire. |
Charterers to Provide |
7 | ||
(a) |
Charterers shall provide and pay for all fuel |
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accordance with Clause 6 hereof, provided that all charges for the said items shall be for Owners' account when such items are consumed, employed or incurred for Owners' purposes or while the vessel is off-hire (unless such items reasonably relate to any service given or distance made good and taken into account under Clause 21 or 22); and provided further that any fuel used in connection with a general average sacrifice or expenditure shall be paid for by Owners. | |||
(b) | In respect of bunkers consumed for Owners purposes these will be charged on each occasion by Charterers on a first-in-first-out basis valued on the prices actually paid by Charterers. | ||
(c) | If the trading limits of this charter include ports in the United States of America and/or its protectorates then Charterers shall reimburse Owners for port specific charges relating to additional premiums charged by providers of oil pollution cover, when incurred by the vessel calling at ports in the United States of America and/or its protectorates in accordance with Charterers orders. |
Code word for this Charter Party
"SHELLTIME 4"
Issued December 1984 amended December 2003
Rate of Hire |
8 |
Subject as herein provided, Charterers shall pay for the use and hire of the vessel at the rate of United States Dollars GROSS 24,000 for the firm period
and USD 24,000 for the optional period, from time and date of her delivery ( |
Payment of Hire |
9 |
Subject to Clause 3 (c) and 3 (e), payment of hire shall be made in immediately available founds to: |
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Account: | ||||
TBA in United States Dollars per calendar month in advance on the last business day of the previous month free of bank charges, less: Except for 1st payment which is to be remitted within two (2) business days of receiving vessel's delivery certificate from Owners, including bankers XXX, and to cover time from delivery until end of month in progress." | ||||
(i) | any hire paid which Charterers reasonably estimate to relate to off-hire periods, and | |||
(ii) | any amounts disbursed on Owners' behalf, any advances and commission thereon, and charges which are for Owners' account pursuant to any provision hereof, and | |||
(iii) | any amount due or reasonably estimated to become due to Charterers under Clause 3 (c) or 24 hereof, | |||
any such adjustments to be made at the due date for the next monthly payment after the facts have been ascertained. Charterers shall not be responsible for any delay or error by Owners' bank in crediting Owners' account provided that Charterers have made proper and timely payment. | ||||
In default of such proper and timely payment: | ||||
(a) | Owners shall notify Charterers of such default and Charterers shall within seven working days of such notice pay to Owners the amount due including interest, failing which Owners may withdraw the vessel from the service of Charterers without prejudice to any other rights Owners may have under this charter or otherwise; and | |||
(b) | Interest on any amount due but not paid on the due date shall accrue from the date after that date up to and including the day when payment is made, at a rate per annum which shall be 1% above the U.S. Prime Interest Rate as published by the Chase Manhattan Bank in New York at 12.00 New York time on the due date, or, if no such interest rate is published on that day, the interest rate published on the next proceeding day on which such a rate was published, computed on the basis of a 360 day year of twelve 30-day months, compounded semi-annually. |
Space Available to Charterers |
10 |
The whole reach, burthen and decks of the vessel and any passenger accommodation (including Owner's suite) shall be at Charterers' disposal, reserving only proper and sufficient space for the vessel's master, officer, crew, tackle, apparel, furniture provisions and stores, provided that the weight of stores on board shall not, unless specially agreed, 400 metric tonnes at any time during the charter period. |
Segregated Ballast |
11 |
In connection with the Council of the European Union Regulation on the Implementation of IMO resolution a747(18) Owners will ensure that the following entry is made on the International Tonnage Certification (1969) under the section headed "remarks"; |
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"The segregated ballast tanks comply with the Regulation 13 of Annex 1 of the International Convention for the prevention of pollution from ships, 1973 as modified by the Protocol of relating thereto, and the total tonnage of such tanks exclusively used for the carriage of segregated water ballast is *TBA*. The reduced gross tonnage which should be used for the calculation of tonnage based fees is *TBA*". |
Code word for this Charter Party
"SHELLTIME 4"
Issued December 1984 amended December 2003
Instructions And Logs |
12 |
Charterers shall from time to time give the master all requisite instructions and sailing directions, and the master shall keep a full and correct log of the voyage or voyages, which Charterers or their agents may inspect as required. The master shall when required furnish Charterers or their agents with a true copy of such log and with properly completed loading and discharging port sheets and voyage reports for each voyage and other returns as Charterers may require. Charterers shall be entitled to take copies at Owners' expense of any such documents which are not provided by the master. |
Bills of Lading | 13 | ||||
(a) |
The master (although appointed by Owners) shall be under the orders and direction of Charterers as regards employment of the vessel, agency and other arrangements, and shall sign Bills of Lading as Charterers or their agents may direct (subject always to Clause 35(a) and 40) without prejudice to this charter, Charterers hereby indemnify Owners against all consequences or liabilities that may arise; |
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(i) | From signing Bills of Lading in accordance with the directions of Charterers, or their agents, to the extent that the terms of such Bills of Lading fail to conform to the requirements of this charter, or (except as provided in Clause 13(b) from the master otherwise complying with Charterers or their agents order. | ||||
(ii) | from any irregularities in papers supplied by Charterers or their agents. | ||||
(b) If Charterers by telex, facsimile or other form of written communication that specifically refers to this Clause request Owners to discharge a quantity of cargo either without
Bills of Lading and/or at a discharge place other than that named in a Bill of Lading and/or that is different from the Bill of Lading quantity, then Owner shall discharge such cargo in accordance with Charterer's instructions in
consideration of receiving the following indemnity which shall be deemed to be given by an authorised officer of the Charterers on each and every such occasion |
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Code word for this Charter Party
"SHELLTIME 4"
Issued December 1984 amended December 2003
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Conduct of Xxxxxx's Personnel |
14 |
If Charterers complain of the conduct of the master or any of the officers or crew, Owners shall immediately investigate the complaint. If the complaint proves to be well founded, Owners shall, without delay, make a change in the appointments and Owners shall in any even communicate the result of their investigations to Charterers as soon as possible. |
Bunkers at Delivery and Redelivery |
15 |
Charterers shall accept and pay for all bunkers on board at the time of delivery, and Owners shall on redelivery (whether it occurs at the end of the charter or on the earlier termination of this charter) accept and pay for all bunkers remaining on board, at the price actually paid, on a first-in-first-out basis. Such prices are to be supported by paid invoices. | ||
Vessel to be delivered to and redelivered from the charter with, at least, a quantity of bunkers on board sufficient to Reach the nearest main bunkering port including safety margin. Notwithstanding anything contained in the charter unless otherwise agreed between Owners and Charterers all bunkers on board the vessel shall, throughout the duration of this charter, remain the property of Charterers and can only be purchased on the terms specified in the charter at the end of the charter period or, if earlier, at the termination of the Charter. | ||||
Stevedores, Pilots, Tugs |
16 | Stevedores when required shall be employed and paid by Charterers, but this shall not relieve Owners from responsibility at all times for proper stowage, which must be controlled by the master who shall keep a strict account of all cargo loaded and discharged, Owners hereby indemnify Charterers, their servants and agents against all losses, claims, responsibilities and liabilities arising in any way whatsoever from the employment of pilots, tugboats or stevedores, who although employed by Charterers shall be deemed to be the servants of and in the service of Owners and under their instructions (even if such pilots, tugboat personnel or stevedores are in fact the servant of Charterers their agents or any affiliated company); provided, however, that | ||
(a) | the foregoing indemnity shall not exceed the amount to which Owners would have been entitled to limit their liability if they had themselves employed such pilots, tugboats or stevedores, and | |||
(b) | Charterers shall be liable for any damage to the vessel caused by or arising out of the use of stevedores, fair wear and tear excepted, to the extent that Owners are unable by the exercise of due diligence to obtain redress therefore from stevedores. | |||
Super- Numeraries |
17 | Charterers may send representatives in the vessel's available accommodation upon any voyage made under this charter, Owners finding provisions and all requisites as supplied to
officers, except alcohol. Charterers paying at the rate of United States Dollars $30.00 |
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on board the vessel. Subject to accommodation at their own risk and expense. The representatives shall act as observers only and shall not interfere with the operation of the vessel. Upon boarding the vessel the representatives shall be required to sign owners indemnity wording. | ||||
Sub-letting/ Novation |
18 | Charterers may sub-let the vessel, but shall always remain responsible to Owners for due fulfilment of this charter. |
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Final Voyage |
19 | If when a payment of hire is due hereunder Charterers reasonably expect to redeliver the vessel before the last sufficient hires next payment of hire would fall due, the fire to be paid shall be assessed on Charterers' reasonable estimate of the time necessary to complete Charterers' programme up to redelivery, and from which estimate Charterers may deduct amounts due or reasonably expected to become due for; | ||
Code word for this Charter Party
"SHELLTIME 4"
Issued December 1984 amended December 2003
(a) |
disbursements on Owners' behalf or charges for Owners' account pursuant to any provision hereof, and |
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(b) |
bunkers on board at redelivery pursuant to Clause 15. |
Loss of Vessel |
20 | Should the Bessel be lost, this charter shall terminate and hire shall cease at noon on the day of her loss; should the vessel be a constructive total loss, this charter shall terminate and hire shall cease at noon on the day on which the vessel's underwriters agree that the vessel is a constructive total loss; should the vessel be missing, this charter shall terminate and hire shall cease at noon on the day on which she was last heard of. Any hire paid in advance and not earned shall be returned to Charterers and Owners shall reimburse Charterers for the value of the estimated quantity of bunkers on board at the time of termination, at the price paid by Charterers at the last bunkering port. | |
Off-hire | 21 | ||
(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); |
(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 similar cause
preventing the efficient working of the vessel; and such loss continues for more than |
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(ii) |
due to industrial action, refusal to sail, breach or orders or neglect of duty on the part of the master, officers or crew; or |
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(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
17 hereof) or for the purpose of landing the body of any person (other than a Charterers' representative), and such loss continues for more than |
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(iv) |
due to any delay in quarantine (excepting cases of Ebola) 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 |
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(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 the act or neglect of Charterers); then; |
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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 pursuant to Clause 24, and such failure arises wholly or partly from any of the causes set out in Clause 21 (a) above, then the period for which the vessel shall be off-hire under this Clause 21 shall be the difference between; |
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(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 24. |
Code word for this Charter Party
"SHELLTIME 4"
Issued December 1984 amended December 2003
(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 21 (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 accessing the amount to be deducted from hire. If vessel, for any cause or purpose mentioned in Clause 21 (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. |
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(d) |
If the vessel's flag state becomes engaged in International hostilities, and Charterers in consequence of such |
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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. | ||
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 4 (b). | ||
(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 4 (b). | |
(f) | All references to time in this charter party shall be references to local time except where otherwise stated. |
Periodical Drydocking |
22 | |||
(a) |
Owners have the right and obligation to drydock the vessel at regular intervals of |
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On each occasion Owners shall propose to Charterers a date on which they wish to drydock the vessel, not less than 90 |
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Owners shall put the vessel in drydock as their expense as soon as practicable after Charterers place the vessel at Owners' disposal clear of cargo and cargo stops |
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(b) | If a periodical drydocking is carried out in the port offered by Charterers (which must have suitable accommodation for the purpose and reception facilities for tank washings and residues), the vessel shall be off-hire from the time she arrives at such port until drydocking is completed and she is in every way ready to resume Charterers' service and is at the position at which she went off-hire or a position no less favourable to Charterers, whichever she first attains. However, | |||
(i) | provided that Owner exercise due diligence in gas-freeing, any time lost in gas-freeing to the standard required for entry into drydock for cleaning and painting the hull shall not count as off-hire, whether lost on passage to the drydocking port or after arrival there (notwithstanding Clause 21), and | |||
(ii) | any additional time lost in further gas-freeing to meet the standard required for hot work or entry to cargo tanks shall count as off-hire, whether lost on passage to the drydocking port or after arrival there. | |||
Any time which, but for sub-Clause (i) above, would be off-hire, shall not be included in any calculation under Clause 24. | ||||
The expenses of gas-freeing, including without limitation the cost of bunkers, shall be for Owners account. |
Code word for this Charter Party
"SHELLTIME 4"
Issued December 1984 amended December 2003
(c) |
If Owners require the vessel, instead of proceeding to be offered port, to carry out periodical drydocking at a special port selected by them, the vessel shall be off-hire from the time when she is released to proceed to the special port until she next presents for loading in accordance with Charterers' instructions, provided, however, that Charterers shall credit Owners with the time which would have been taken on passage at the service speed had the vessel not proceeded to drydock. All fuel consumed shall be paid for by Owners but Charterers shall credit Owners with the value of the fuel which would have been used on such notional passage calculated at the guaranteed daily consumption for the service speed, and shall further credit Owners wish any benefit they may gain in purchasing bunkers at the special port. |
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(d) | Charterers shall, insofar as cleaning for periodical drydocking may have reduced the amount of tank-cleaning necessary to meet Charterers' requirements, credit Owners with the value of any bunkers which Charterers calculate to have been saved thereby, whether the vessel drydocks at an offered or a special port. |
Ship Inspection |
23 |
Charterers shall have the right at any time during the charter period to make such inspection of the vessel as they may consider necessary. This right may be exercised as often and at such intervals as Charterers in their absolute discretion may determine and whether the vessel is in port or on passage. Owners affording all necessary co-operation and accommodation on board provided, however; |
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(a) | that neither the exercise nor the non-exercise, nor anything done or not done in the exercise or non-exercise, by Charterers of such right shall in any way reduce the master's or Owner's authority over, or responsibility to Charterers or third parties for, the vessel and every aspect of her operation, nor increase Charterers' responsibilities to Owners or third parties for the same; and; | ||||
(b) | that Charterers shall not be liable for any act, neglect or default by themselves their servants or agents in the exercise or non-exercise of the aforesaid right. | ||||
Detailed Descriptionand Performances |
24 | ||||
(a) | Owners guarantee that the Speed and consumption of the vessel shall be as follows: | ||||
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Code word for this Charter Party
"SHELLTIME 4"
Issued December 1984 amended December 2003
PER VESSEL DESCRIPTION PROVIDED FOR EACH SHIP
S/c as per attached (ABOVE) which includes consumption for scrubber.
Owner will guarantee consumptions as per attached for 13 knots laden and ballast AND 12.5+13.5 KTS LADEN and BALLAST.
FOLLOWING TO APPLY TO FIGURES IN CONSUMPTION TABLES:
All speed/consumption figures (12.5, 13, 13.5) are to be considered as WARRANTED FIGURES but about (+/- 0.5 knot for speed and +/- 5% for consumption) and always subject to no MORE THAN 0.5 KTS adverse currents max up to and including Beaufort force 4 and max sea state Xxxxxxx 3.
(ie delete reference to no swell,
The average speeds and bunker consumptions shall for the purposes of this Clause 24 be calculated by reference to the observed distance from
If at any time following the date upon which the vessel enters into service under this charter the performance of the vessel falls below the performance guaranteed in Clause 24 (a) as amended then if such shortfall results. |
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(i) | from a reduction in the average speed of the vessel, compared to the speed guaranteed in Clause 24 (a), then an amount equal to the value at the hire rate of the time so lost |
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(ii) | from an increase in the total bunkers consumed, compared to the speed guaranteed in Clause 24 (a) then an amount equal to the value at the hire rate of the time so lost or gained, as the case may be, shall be deducted from or added to the hire paid. | |||
The deduction from hire so calculated for laden and ballast mileage respectively shall be adjusted to take into account the mileage steamed in each such condition during Adverse Weather Periods, by
dividing such deduction by the number of miles over which the performance has been calculated and multiplying by the same number of miles plus the miles steamed during the Adverse Weather Periods, in order to establish the total |
Code word for this Charter Party
"SHELLTIME 4"
Issued December 1984 amended December 2003
Reduction of hire under the foregoing sub-Clause (b) shall be without prejudice to any other remedy available to Charterers. | ||||
(c) | Calculations under this Clause 24 shall be made for the yearly periods terminating on each successive anniversary of the date on which the vessel enters service, and for the period between the last such
anniversary and the date of termination of this charter if less than a year. Claims in respect of reduction of hire arising under this Clause during the final year or part year of the charter period shall in the first instance be settled in
accordance with Charterers' estimate made latest two months after |
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Over-performance not to be claimed by the Owners.
Above consumptions exclude manoeuvring within harbours, inland waterways, canals, etc. or under national lor international rules or regulations and are basis wind force not exceeding Beaufort 4.
and shall be pro-prated between the speeds shown.
The service speed of the vessel is 13.0 knots laden and 13
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Code word for this Charter Party
"SHELLTIME 4"
Issued December 1984 amended December 2003
Salvage |
25 |
Subject to the provisions of Clause 21 hereof, all loss of time and all expenses (excluding any damage to or loss of the vessel or tortious liabilities to third parties) incurred in saving or attempting to save life or in successful or unsuccessful attempts at salvage shall be borne equally by Owners and Charterers provided that Charterers shall not be liable to contribute towards any salvage payable by Owners arising in any way out of services rendered under this Clause 25. |
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All salvage and all proceeds from derelicts shall be divided equally between Owners and Charterers after deducting the master's, officers' and crew's share. | |||
Lien | 26 | Owners shall have a lien upon all cargoes and all sub-hires freights, sub-freights and demurrage for any amounts due under this charter; and Charterers shall have a lien on the vessel for all monies paid in advance and not earned, and for all proven claims for damages arising from any breach by Owners of this charter. | |
Exceptions | 27 |
(a) |
The vessel, her master and Owners shall not, unless otherwise in this charter expressly provided, be liable for any loss or damage or delay or failure arising or resulting from any act, neglect or default of the master, pilots, mariners or other servants of Owners in the navigation or management of the vessel; fire, unless caused by the actual fault or privity of Owners; collision or stranding; dangers and accidents of the sea; explosion, bursting of boilers, breakage of shafts or any latent defect in hull, equipment or machinery; provided, however, that Clause 1, 2, 3 and 24 hereof shall be unaffected by the foregoing. Further, neither the vessel, her master or owners, nor Charterers shall, unless otherwise in this charter expressly provided, be liable for any loss or damage or delay or failure in performance hereunder arising or resulting from act of God, act of war, seizure under legal process, quarantine restrictions, strikes, lock-outs, riots, restraints of labour, civil commotions or arrest or restraint of princes, rulers or people. |
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(b) |
The vessel shall have liberty to sail with or without pilots, to tow or go to the assistance of vessels in distress and to deviate for the purpose of saving life or property. |
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(c) |
Clause 27 (a) shall not apply to, or affect any liability of Owners or the vessel or any other relevant person in respect of; |
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(i) | loss or damage caused to any berth, jetty, dock, dolphin, buoy, mooring line, pipe or crane or other works or equipment whatsoever at or near any place to which the vessel may proceed under this charter, whether or not such works or equipment belong to Charterers, or | ||
(ii) | any claim (whether brought by Charterers or any other person) arising out of any loss of or damage to or in connection with cargo. All such claims shall be subject to the Hague – Visby Rules or the Hague Rules or the Hamburg Rules, as the case may be, which ought pursuant to Clause 38 hereof to have been incorporated to the relevant Bill of Lading (whether or not such Rules were so incorporated) or, if no such Bill of Lading is issued, to the Hague – Visby Rules unless the Hamburg Rules compulsorily apply in which case to the Hamburg Rules. | ||
(d) | In particular and without limitation, the foregoing subsections (a) and (b) of this Clause shall not apply to or in any way affect any provisions in this charter relating to off-hire or to reduction of hire. |
Injurious Cargoes |
28 |
No acids, explosives or cargoes injurious to the vessel shall be shipped and without prejudice to the foregoing any damage to the vessel caused by the shipment of any such cargo, and the time taken to repair such damage, shall be for Charterers' account. No voyage shall be undertaken, nor any goods or cargoes loaded, that would expose the vessel to capture or seizure by rulers or governments. |
Code word for this Charter Party
"SHELLTIME 4"
Issued December 1984 amended December 2003
Grade of Bunkers |
29 |
Charterers shall supply fuel oil with a maximum viscosity of 380 centistokes at 50 degrees centigrade and/or marine |
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Charterers warrant that all bunkers provided by them in accordance herewith shall be of a quality complying with the latest ISO Standard 8217 for Marine Residual Fuels and Marine Distillate Fuels as Applicable PROVIDED AVAILABLE, IF NOT THEN CHARTERERS SHALL BE ALLOWED TO DELIVERY LESSER SPECS. OWNERS AGREE TO ASSESS BIO BUNKERS ON A CASE BY CASE BASIS IN GOOD FAITH AND ALLOW CHARTERERS TO SUPPLY BIO FUELS PROVIDED TECHNICALLY AND REGULATORY FEASIBLE. | |||
Disbursements | 30 | Should the master require advances for ordinary disbursements at any port, Charterers or their agents shall make such advances to him, in consideration of which Owners shall pay a commission of two and a half per cent, and all such advances and commission shall be deducted from hire. | |
Laying-up | 31 | ||
Requisition | 32 | Should the vessel be requisitioned by any government, de facto or de jure, during the period of this charter, the vessel shall be off-hire during the period of such requisition and may hire paid by such Governments in respect of such requisition period shall be for Owners' account. Any such requisition period shall count as part of the charter period. | |
Outbreak of War |
33 | If war or hostilities break out between any |
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Additional War Expenses |
34 | If the vessel is ordered to trade in areas where there is war (de facto or de jure) or threat of war or if the area including transit thereof is subject to an additional premium by vessels underwriters, Charterers shall reimburse Owners for any additional insurance premia, against Owners written documentation, including but not limited to AWRP, War Loss of Hire, Kidnap and Xxxxxx, crew bonuses and other expenses which are reasonably incurred by Owners as a consequence of such orders, provided that Charterers are given notice of such expenses as soon as practicable and in any event before such expenses are incurred, and provided further that Owners obtain from their insurers a waiver or any subrogated rights against Charterers in respect of any claims by Owners under their war risk insurance arising out of compliance with such orders. | |
Any payments by Charterers under this clause will only be made against proven documentation. Any discount or rebate refunded to Owners, for whatever reason, in respect of additional war risk premium shall be passed on to Charterers. | |||
Code word for this Charter Party
"SHELLTIME 4"
Issued December 1984 amended December 2003
With reference to the Bimco war risk clause herein, it is understood and agreed that any payments made to owners by underwriters for loss of hire in case of seizure by pirates, shall be offset against any hire payments made by charts. | ||||
List of requested documents below: | ||||
- | Copy of proof for insured value i.e. certificate or similar showing same | |||
- | Original invoice from underwriters or insurance broker’s invoice showing amount charged | |||
- | Proof of discount granted or no claims bonus | |||
War Risks | 35 | |||
(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 or revolutions. | |||
(b) | If in the reasonable opinion of the master of Owners it becomes, for any of the reasons set out in Clause 35(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 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 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 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 or discharged is concerned. | |||
Charterers shall procure that all Bills of Lading issued under this charter shall contain the |
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Both to Blame Collision Clause |
36 | If the liability for any collision in which the vessel is involved while performing this charter falls to be determined in accordance with the laws of the United States of America, the following provision shall apply: | ||
"If the ship comes into collision with another ship as a result of the negligence of the other ship and any act, neglect or default of the master, mariner, pilot or the servants of the carrier in the navigation or in the management of the ship, the owners of the cargo carried hereunder will indemnify the carrier against all loss, or liability to the other or non-carrying ship or her owners in so far as such loss or liability represents loss of, or damage to, or any claim whatsoever of the owners of the said cargo, paid or be payable by the other non-carrying ship or her owners to the owners of the said cargo and set off, recouped or recovered by the other non-carrying ship or her owners as part of their claim against the carrying ship or carrier." |
Code word for this Charter Party
"SHELLTIME 4"
Issued December 1984 amended December 2003
"The foregoing provisions shall also apply where the owners, operators or those in charge of any ship or ships or objects other than, or in addition to, the colliding ships or objects are at fault in respect of a collision or contact." | ||||
Charterers shall procure that all Bills of Lading issued under this charter shall contain a provision in the foregoing terms to be applicable where the liability for any collision in which the vessel is involved falls to be determined in accordance with the laws of the United States of America. | ||||
New Xxxxx Xxxxxx |
37 | General average contributions shall be payable according to the York/Antwerp Rules, 1994, as amended from time to time, and shall be adjusted in London in accordance with English law and practice but should adjustment be made in accordance with the law and practice of the United States of America, the following provision shall apply: | ||
"In the event of accident, danger, damage or disaster before or after the commencement of the voyage, resulting from any cause whatsoever, whether due to negligence or not, for which, or for the consequence of which, the carrier is not responsible by statute, contract or otherwise, the cargo shippers, consignees or owners of the cargo shall contribute with the carrier in general average to the payment of any sacrifices, losses or expenses of a general average nature that may be made or incurred and shall pay salvage and special charges incurred in respect of the cargo." | ||||
If a salving ship is owned or operated by the carrier, salvage shall be paid for as fully as if the said salving ship or ships belonged to strangers. Such deposit as the carrier or his agents may deem sufficient to cover the estimated contribution of the cargo and any salvage and special charges thereon shall, if required, be made by the cargo, shippers, consignees or owners of the cargo to the carrier before delivery." | ||||
Charterers shall procure that all Bills of Lading issued under this charter shall contain a provision in the foregoing terms, to be applicable where adjustment of general average is made in accordance with the laws and practice of the United States of America. | ||||
Clause Paramount |
38 | Charterers shall procure that all Bills of Lading issued pursuant to this charter shall contain the following: | ||
"(1) Subject to sub-clause (2) or (3) hereof, this Bill of Lading shall be governed by, and have effect subject to, the rules contained in the International Convention for the Unification of Certain Rules relating to Bills of Lading signed at Brussels on 25th August 1924 (hereafter the "Hague Rules") as amended by the Protocol signed at Brussels on 23rd February 1968 (hereafter the "Hague-Visby Rules"). Nothing contained herein shall be deemed to be either a surrender by the carrier of any of his rights or immunities or any increase of any of his responsibilities or liabilities under the "Hague-Visby Rules".
"(2) If there is a governing legislation which applies to the Hague Rules compulsorily to this Bill of Lading to the exclusion of the Hague-Visby Rules, then this Bill of Lading shall have effect subject to the Hague Rules. Nothing herein contained shall be deemed to be either a surrender by the carrier of any of his rights or immunities or an increase of any of his responsibilities or liabilities under the Hague Rules."
"(3) If there is governing legislation which applies the United Nations Convention on the Carriage of Goods by Sea 1978 (hereafter the Hamburg Rules) compulsorily to this Bill of Lading, to the exclusion of the Hague-Visby Rules, then Bill of Lading shall have effect subject to the Hamburg Rules. Nothing therein contained shall be deemed to be either a surrender by the carrier of any of his rights or immunities or an increase of any of his responsibilities or liabilities under the Hamburg Rules."
"(4) If any term of this Bill of Lading is repugnant to the Hague-Visby Rules, or Hague Rules, or Hamburg Rules, as applicable, such term shall be void to that extent but no further." "Nothing in this Bill of Lading shall be construed as in any way restricting, excluding or waiving the right of any relevant party or person to limit his liability under any available legislation and/or law." This Charter shall be subject to Clause Paramount. |
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Insurance/ ITOPF |
39 | Owners warrant that the vessel is now, and will, throughout the duration of the charter: | ||
(a) | be owned or demise chartered by a member of the International Tanker Owners Pollution Federation Limited. |
Code word for this Charter Party
"SHELLTIME 4"
Issued December 1984 amended December 2003
(b) | be properly entered in BRITANNIA P&I Club P and I Club, being a member of the International Group of P and I Clubs; | ||||
(c) | have in place insurance cover for oil pollution for the maximum on offer through the International Group of P&I Clubs but always a minimum of United States Dollars 1,000,000,000 (one thousand million); | ||||
(d) | have in full force and effect Hull and Machinery insurance placed through reputable brokers on Institute Time Clauses or equivalent for the value of United States Dollars TBA as from time to time may be amended with Charterers approval, which shall not be unreasonably withheld. | ||||
Owners will provide, within a reasonable time following a request from Charterers to do so, documented evidence of compliance with the warranties given in this Clause 39. |
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Export Restrictions |
40 | The master shall not be required or bound to sign Bills of Lading for the carriage of cargo to any place to which export of such cargo is prohibited under the laws, rules or regulations of the country in which the cargo was produced and/or shipped. | |||
Charterers shall procure that all Bills of Lading issued under this charter shall contain the following clause: | |||||
"If any laws, rules or regulations applied by the government of the country in which the cargo was produced and/or shipped, or any relevant agency thereof, impose a prohibition on export of the cargo to the place of discharge designated in or ordered under this Bill of Lading, carriers shall be entitled to require cargo owners forthwith to nominate an alternative discharge place for the discharge of the cargo, or such part of it as may be affected, which alternative place shall not be subject to the prohibition, and carriers shall be entitled to accept orders from cargo owners to proceed to and discharge at such alternative place. If Cargo owners fail to nominate an alternative place within 72 hours after they or their agents have received from carriers notice of such prohibition, carriers shall be at liberty to discharge the cargo or such part of it as may be affected by the prohibition at any safe place on which they or the master may in their or his absolute discretion decide and which is not subject to the prohibition, and such discharge shall constitute due performance of the contract contained in this Bill of Lading so far as the cargo so discharged is concerned". | |||||
The foregoing provision shall apply mutates mutandis to this charter, the references to a Bill of Lading being deemed to be references to this charter. | |||||
Business Principles |
41 | ||||
Drugs and Alcohol |
42 | ||||
(a) | Owners warrant that they have in force an active policy covering the vessel which meets or exceeds the standards set out in the "Guidelines for the Control of Drugs and Alcohol on Board Ship" as published by the Oil Companies International Marine Forum (OCIMF) dated January 1990 (or any subsequent modification, version, or variation of these guidelines) and that this policy will remain in force throughout the charter period, and owners will exercise due diligence to ensure the policy is complied with. | ||||
(b) | Owners warrant that the current policy concerning drugs and alcohol on board is acceptable to ExxonMobil and will remain so throughout the charter period. | ||||
Oil Major Acceptability |
43 | ||||
Pollution and Emergency Response |
44 | Owners are to advise Charterers or organizational details and names of Owners personnel together with their relevant telephone/facsimile/e-mail/telex numbers, including the names and contact details of Qualified Individuals for OPA 90 response, who may be contacted on a 24 hour basis in the event of oil spills or emergencies. |
Code word for this Charter Party
"SHELLTIME 4"
Issued December 1984 amended December 2003
ISPS Code/US MTSA 2002 |
45 | ||||
(a) | |||||
(i) | From the date of coming into force of the International Code for the Security of Ships and of Port Facilities and the relevant amendments to Chapter XI of SOLAS (ISPS Code) and the US Maritime Transportation Security Act 2002 (MTSA) in relation to the Vessel and thereafter during the currency of this charter, Owners shall procure that both the Vessel and "the Company" (as defined by the ISPS Code) and the owner (as defined by the MTSA) shall comply with the requirements of the ISPS Code relating to the Vessel and "the Company" and the requirements of MTSA relating to the vessel and the owner. Upon request Owners shall provide documentary evidence of compliance with this Clause 45(a)(i). | ||||
(ii) | Except as otherwise provided in this charter, loss, damage, expense or delay, caused by failure on the part of Owners or "the Company"/owner to comply with the requirements of the ISPS Code/MTSA or this Clause shall be for Owners' account. | ||||
(b) | |||||
(i) | Charterers shall provide Owners/Master with their full style contact details and shall ensure that the contact details of all sub-charterers are likewise provided to Owners/Master. Furthermore, Charterers shall ensure that all sub-charter parties they enter into during the period of this charter contain the following provision: | ||||
"The Charterers shall provide the Owners with their full style contact details and, where sub-letting is permitted under the terms of the charter party, shall ensure that the contact details of all sub-charterers are likewise provided to the Owners". | |||||
(ii) | Except as otherwise provided in this charter, loss, damage, expense or delay, caused by failure on the part of Charterers to comply with this sub-Clause 45(b) shall be for Charterers' account. | ||||
(c) | Notwithstanding anything else contained in this charter cost or expenses related to security regulations or measures required by the port facility or any relevant authority in accordance with the ISPS Code/MTSA including, but not limited to, security guards, launch services, tug escorts, port security fees or taxes and inspections, shall be for Charterers' account, unless such costs or expenses result solely from Owners' negligence in which case such costs or expenses shall be for Owners account. All measures required by Owners to comply with the security plan required by the ISPS Code/MTSA shall be for Owners' account. | ||||
(d) | Notwithstanding any other provision of this charter, the vessel shall not be off-hire where there is a loss of time caused by Charterers failure to comply with the ISPS Code/MTSA (when in force). | ||||
(e) | If either party makes any payment which is for the other party's account according to this Clause, the other party shall indemnify the paying party. | ||||
Law and Litigation |
46 | (a) | This charter shall be construed and the relations between the parties determined in accordance with the laws of England. | ||
(b) | All dispute arising under this charter shall be referred to Arbitration in London in accordance with the Arbitration Act 1996 (or any re-enactment or modification thereof for the time being in force) subject to the following appointment procedure: | ||||
(i) | The parties shall jointly appoint a sole arbitrator not later than 28 days after service of a request in writing by either party to do so. | ||||
(ii) | If the parties are unable or unwilling to agree the appointment of a sole arbitrator in accordance with (i) then each party shall appoint one arbitrator, in any event not later than 14 days after receipt of a further request in writing by either party to do so. The two arbitrators so appointed shall appoint a third arbitrator before any substantive hearing or forthwith if they cannot agree on a matter relating to the arbitration. |
Code word for this Charter Party
"SHELLTIME 4"
Issued December 1984 amended December 2003
(iii) | If a party fails to appoint an arbitrator within the time specified in (ii) (the Party in Default), the party who has duly appointed his arbitrator shall give notice in writing to the Party in Default that he proposes to appoint his arbitrator to act as sole arbitrator. | ||||
(iv) | If the Party in Default does not within 7 days of the notice given pursuant to (iii) make the required appointment and notify the other party that he has done so the other party may appoint his arbitrator as sole arbitrator whose award shall be binding on both parties as if he had so appointed by agreement | ||||
(v) | Any Award of the arbitrator(s) shall be final and binding |
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(vi) | For the purposes of this clause 46(b) any requests or notices in writing shall be sent by fax, e-mail or telex and shall be deemed received on the day of transmission. | ||||
(c) | It shall be a condition precedent to the right of any party to a stay of any legal proceedings in which maritime property has been, or may be, arrested in connection with a dispute under this Charter, that that party furnishes to the other party security to which that other party would have been entitled in such legal proceedings in the absence of a stay. | ||||
Confidentiality | 47 | All terms and conditions of this charter arrangement shall be kept private and confidential. | |||
Construction | 48 | The side headings have been included in this charter for convenience of reference and shall in no way affect the construction hereof. | |||
Appendix A: | OCIMF Vessel Particulars Questionnaire for the vessel, as attached, shall be incorporated herein. | |
Additional Clauses: | As attached, shall be incorporated herein. |
SIGNED FOR OWNERS |
SIGNED FOR CHARTERERS | |||
Malibu Warrior Inc. | Trafigura Maritime Logistics PTE Ltd. | |||
FULL NAME |
FULL NAME | |||
Xxxxxxxxx Xxxxxxxx | ||||
POSITION | POSITION | |||
Attorney in fact | ||||
/s/ Xxxxxxxxx Iokomou | /s/ X. Xxxxxxxxxxxx |
A.
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GENERAL TERMS
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3
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B.
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TRAFIGURA ADDITIONAL TERMS TO SHELLTIME 4
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3
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49.
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ON HIRE/OFF HIRE SURVEYS
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3
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50.
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INSPECTIONS
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3
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51.
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INSTRUCTIONS
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4
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52.
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CONTACT DETAILS
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4
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53.
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5
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54.
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OFF HIRE PROVISIONS
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5
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55.
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PUMPING CLAUSE
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5
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56.
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DRUG AND ALCOHOL CLAUSE
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6
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57.
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SHIP-TO-SHIP LIGHTERING
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6
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58.
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BUNKERS
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7
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59.
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ETA/TRACKING
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8
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60.
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ELIGIBILITY AND COMPLIANCE
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9
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61.
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XXX XXXXXX XXXXXXXX
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00
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62.
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INERT GAS SYSTEM
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11
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63.
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BALLAST CLAUSE
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11
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64.
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BROKERAGE COMMISSION CLAUSE
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11
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65.
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IN-TRANSIT LOSS CLAUSE
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12
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66.
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RETURN INSURANCE CLAUSE
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12
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67.
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CARGO RETENTION CLAUSE
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12
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68.
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HEATING CLAUSE
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12
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69.
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DELETED
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13
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70.
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CHARTERPARTY ADMINISTRATION
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13
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71.
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CARGO OPERATIONS
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13
|
72.
|
VESSEL MANAGEMENT CLAUSE
|
13
|
73.
|
AMS CLAUSE
|
14
|
74.
|
EU Advance Cargo Declaration Clause for Time Charter Parties
|
14
|
75.
|
SBT Clause
|
15
|
C.
|
OWNERS ADDITIONAL CLAUSES
|
16
|
1.
|
ISPS CLAUSE FOR TIME CHARTER PARTIES
|
16
|
2.
|
BUNKER QUALITY & SUPPLY
|
17
|
3.
|
BUNKER FUEL SULPHUR CONTENT CLAUSE
|
18
|
4.
|
SANCTIONS RELATED TRADING EXCLUSION
|
19
|
5.
|
Trafigura Sanctions Clause for Time Charterparties
|
19
|
6.
|
BIMCO Designated Entities Clause
|
22
|
7.
|
Gulf Of Guinea HRA
|
23
|
8.
|
STORAGE & UNDERWATER CLEANING CLAUSE
|
25
|
9.
|
WAR RISKS / PIRACY
|
26
|
10.
|
EBOLA CLAUSE
|
28
|
11.
|
ICE CLAUSE
|
29
|
12.
|
ANTI- BRIBERY, ANTI-CORRUPTION CLAUSE (ABC)
|
29
|
13.
|
SCRUBBER CLAUSE / EXHAUST GAS CLEANING SYSTEM
|
30
|
14.
|
BIMCO COVID-19 CREW CHANGE CLAUSE FOR TIME CHARTER PARTIES 2020:
|
31
|
15.
|
INFECTIOUS DISEASE CLAUSE
|
31
|
16.
|
OWNERS UNDER KEEL CLEARANCE AND AIR CLEARANCE POLICY
|
33
|
17.
|
AGM Clause
|
33
|
18
|
AIRDRAFT
|
33
|
19
|
KYC
|
34
|
20
|
XXXx
|
34
|
1. |
Charter to be based on Shelltime 4 Charter Party deleting any references to Shell International Trading and Shipping Company Limited and replacing with Trafigura Maritime Logistics Pte Ltd.
|
2. |
All negotiations and details of this Charter are to remain private and confidential by all parties concerned, except so far as concerns such information as is required to be disclosed by
either party to its employees, auditors, lawyers and affiliates who have a need to know such information in connection with the performance of this Charter, to any court or governmental authority requiring such, or to any other appropriate
third party to the extent necessary to comply with any legal or governmental requirement or to give commercial effect to the Charter.
|
3. |
In the event of a conflict of terms, the provisions of these Additional Clauses and Amendments to Shelltime 4 shall prevail over those of the standard Shelltime 4 form to the extent of such
conflict but no further.
|
4. |
In each and every case where there is reference in this Charter to correspondence by “telex”, it shall be read as correspondence by “e-mail or telex”.
|
49. |
ON HIRE/OFF HIRE SURVEYS
|
50. |
INSPECTIONS
|
(i) |
The Vessel's hull, machinery and equipment and living spaces;
|
(ii) |
The Vessel's operational procedures both in port and at sea; and
|
(iii) |
The Vessel's certificates, records and documents
|
51. |
INSTRUCTIONS
|
52. |
CONTACT DETAILS
|
53. |
TANK CLEANING
|
54. |
OFF HIRE PROVISIONS
|
55. |
PUMPING CLAUSE
|
56. |
DRUG AND ALCOHOL CLAUSE
|
57. |
SHIP-TO-SHIP LIGHTERING
|
58. |
BUNKERS
|
59. |
ETA/TRACKING
|
i. |
Immediately on leaving the final port of call on the previous voyage of the time and date of the vessel's expected arrival at the first loading port and shall further advise Charterers 72,
48, 36, and 24 hours before the expected arrival time/date.
|
ii. |
Immediately after departure from the final loading port, of the vessel's expected time of arrival at the first discharging port or the area at sea to which the vessel has been instructed to
proceed for wireless orders, and confirm or amend such advice not later than 72, 48, 36 and 24 hours before the vessel is due at such port or area;
|
iii. |
Immediately of any variation of more than six hours from expected times of arrival at loading or discharging ports, Quoin Island or such area at sea to Charterers;
|
iv. |
Immediately if any situation occurs after the date of this charter party which may result in tendering later than the cancelling date, or in damage to the vessel or cargo, or in tardy
performance of the voyage
|
60. |
ELIGIBILITY AND COMPLIANCE
|
61. |
OIL MAJORS APPROVAL
|
62. |
INERT GAS SYSTEM
|
63. |
BALLAST CLAUSE
|
64. |
BROKERAGE COMMISSION CLAUSE
|
65. |
IN-TRANSIT LOSS CLAUSE
|
66. |
RETURN INSURANCE CLAUSE
|
67. |
CARGO RETENTION CLAUSE
|
68. |
HEATING CLAUSE
|
69. |
DELETED
|
70. |
CHARTERPARTY ADMINISTRATION
|
71. |
CARGO OPERATIONS
|
i. |
Blend and/or circulate cargo onboard
|
ii. |
Load dyed cargo, provided the dye is customarily used or is suitable for use in said cargo
|
iii. |
Dye the cargo onboard the vessel provided this is carried out or supervised by qualified personnel
|
iv. |
Blend additives to the cargo at any point during the voyage, provided that the additive is one which is customarily used or is suitable for use in said cargo and carried out or supervised
by qualified personnel
|
v. |
Carry on board the vessel drums or other suitable containers of additive
|
vi. |
To breach vessel’s natural segregation
|
vii. |
To load and discharge freshwater or seawater shore line flush/plug before, during or after a loading operation
|
72. |
VESSEL MANAGEMENT CLAUSE
|
73. |
AMS CLAUSE
|
i. |
Have in place a SCAC (Standard Carrier Alpha Code);
|
ii. |
Have in place an ICB (International Carrier Bond); and
|
iii. |
Submit a cargo declaration by AMS (Automated Manifest System) to the US Customs.
|
74. |
EU Advance Cargo Declaration Clause for Time Charter Parties
|
75. |
SBT Clause
|
1. |
ISPS CLAUSE FOR TIME CHARTER PARTIES:
|
2. |
BUNKER QUALITY & SUPPLY:
|
3. |
BUNKER FUEL SULPHUR CONTENT CLAUSE:
|
4. |
SANCTIONS RELATED TRADING EXCLUSION:
|
5. |
Trafigura Sanctions Clause for Time Charterparties
|
1.1 |
Owners and Charterers respectively warrant that at the date of this fixture they are not and undertake that throughout the duration of this Charterparty they will not be:
|
(a) |
the subject of Sanctions; or
|
(b) |
an Affiliate of, or owned or controlled (whether individually or jointly) by a party or parties, which is/are the subject of Sanctions.
|
1.2 |
Each party warrants that, for the duration of the Charterparty, it shall comply with Sanctions applicable to it.
|
1.3 |
Notwithstanding anything in this clause to the contrary, neither Owners nor Charterers shall be required to do or omit to do anything which constitutes a violation of or would be in
contravention of, or expose it or the Vessel to risk of designation pursuant to Sanctions applicable to it.
|
1.4 |
Owners warrant that:
|
(a) |
As at the date of this Charterparty:
|
(i) |
Owners is able to accept the instructions and perform all obligations contemplated under this Charterparty; and
|
(ii) |
the vessel is able to accept the instructions and perform the services contemplated under this Charterparty.
|
(b) |
the vessel shall before and at the beginning of this Charterparty and throughout the duration of this Charterparty not be the target of Sanctions, nor be owned or controlled (whether
individually or jointly) by any party or parties, which is/are the subject of Sanctions.
|
1.5 |
If at any time during the performance of this Charterparty any Sanctions are changed, or new Sanctions or other trade restrictions are imposed or become effective, or there is a change in
the interpretation of Sanctions, which would result in performance of this Charterparty contravening the provisions of Clause 1.2 or 1.3 then:
|
(a) |
either party shall be entitled to immediately suspend any affected performance obligation, providing the other party with written notification of the same, and, if appropriate, request or
issue (as the case may be) alternative voyage orders, which shall be given promptly by Xxxxxxxxxx, and:
|
(i) |
Charterers and Owners shall each be liable for 50% of all time for a period of up to 7 (seven) days following such written notification, pending receipt of Charterers' alternative voyage
orders;
|
(ii) |
thereafter, Charterers shall continue to pay hire and any additional costs that may be due as a result of any change in discharge port(s); and
|
(b) |
if the circumstances resulting in such suspension continue for more than 7 (seven) days from the date of such written notice and provided that:
|
(i) |
such circumstances are continuing; and
|
(ii) |
the nature of the circumstances are such that they go to the root of the parties’ ongoing obligations under this Charterparty, rendering it impossible for the parties to continue to perform
their ongoing obligations under this Charterparty, and which cannot be overcome by the parties taking reasonable measures, whether by issuing revised voyage orders or otherwise, always provided such measures are not in contravention of
Sanctions,
|
1.6 |
If at any time during the performance of this Charterparty, Owners become aware that Charterers are in breach of the warranties set out in Clause 1.1 and/or 1.2 (whether or not as a result
of any action and/or omission) then:
|
(a) |
Owners shall be entitled to immediately suspend any affected performance obligation, providing Charterers with written notification of the same, and, if appropriate, request alternative
voyage orders which shall be given promptly by Charterers, and:
|
(i) |
Charterers shall be liable for all time pending Owners’ receipt of Charterers’ alternative voyage orders;
|
(ii) |
thereafter, Charterers shall continue to pay hire and shall be liable for any losses that Owners suffer as a result of any change in discharge port(s); and
|
(b) |
if the circumstances resulting in such suspension continue for more than 7 days from the date of Owners’ written notice then, provided such circumstances are continuing, Owners shall be
entitled to terminate the Charterparty with immediate effect on written notice to Charterers, save that if cargo is on board, then, prior to such termination, the Vessel shall, provided such is not in contravention of Sanctions, be directed
to a safe port and there discharge the cargo (with termination effective on completion of discharge). Upon termination there shall be no further liability on either party save for any accrued rights or remedies including under this clause.
|
1.7 |
If at any time during the performance of this Charterparty, Charterers become aware that Owners are in breach of the warranties set out in Clause 1.1, 1.2 and/or 1.4 (whether or not as a
result of any action and/or omission) then:
|
(a) |
Charterers shall be entitled to immediately suspend any affected performance obligation, providing Charterers with written notification of the same, and, if appropriate, promptly issue
alternative voyage orders to Owners, and:
|
(i) |
Charterers shall not be obliged to pay hire pending issuance of Charterers’ alternative voyage orders;
|
(ii) |
thereafter, Charterers shall continue to pay hire and Owners shall be liable for any losses that Charterers suffer as a result of any change in discharge port(s); and
|
(b) |
if the circumstances resulting in such suspension continue for more than 7 days from the date of Charterers’ written notice then, provided such circumstances are continuing, Charterers
shall be entitled to terminate the Charterparty with immediate effect on written notice to Owners, save that if cargo is on board, then, prior to such termination, the Vessel shall, provided such is not in contravention of Sanctions, be
directed to a safe port and there discharge the cargo (with termination effective on completion of discharge). Upon termination there shall be no further liability on either party save for any accrued rights or remedies including under this
clause.
|
1.8 |
To the extent any payment would be in violation of or otherwise prohibited by Sanctions applicable to a party, any payment obligations arising prior to termination of the Charterparty
(including but not limited to hire) which have been incurred but not yet paid shall continue to be suspended in compliance with Clause 1.3, above, and shall not be affected by such termination.
|
1.9 |
In the event that a payment arising pursuant to this Charterparty cannot be made in United States Dollars due to applicable laws or Sanctions, the parties shall review and mutually agree in
writing the applicable payment settlement currency and the relative rate of exchange provided such does not contravene any Sanctions or applicable law, regulation or decree binding upon a party and shall amend, or procure the amendment of the
Charterparty accordingly. The rate of exchange is to be fixed using an internationally recognized and tradable daily fixation, the date of which shall be mutually agreed by the parties. If payment cannot be made in any currency by reason of
Sanctions, the paying party shall place the amount of funds in an interest bearing account until it is able to remit such funds to the receiving party, and the paying party shall account to the receiving party for any interest earned on such
funds.
|
1.10 |
For the purposes of this clause:
|
6. |
BIMCO Designated Entities Clause
|
7. |
Gulf Of Guinea HRA
|
8. |
STORAGE & UNDERWATER CLEANING CLAUSE:
|
9. |
WAR RISKS / PIRACY:
|
10. |
EBOLA CLAUSE:
|
11. |
ICE CLAUSE
|
12. |
ANTI- BRIBERY, ANTI-CORRUPTION CLAUSE (ABC)
|
13. |
SCRUBBER CLAUSE / EXHAUST GAS CLEANING SYSTEM
|
1.1 |
Without prejudice to the generality of clause 6, the Vessel shall be delivered with fully functional Certified EGC Technology for her Main and Auxiliary Engines The vessel to always follow
local legislation and regulations related to the use of the Exhaust Gas Cleaning System and Owners shall maintain the Certified EGC Technology in a thoroughly efficient state for and during the Charter Period. After 1st January 2020 any amount of sludge quantities generated as a result of higher than 0.5% Sulphur content in HFO supplied by charterers, to be disposed to shore facilities at charterers’ cost and time.
|
1.2 |
In the event of a Breakdown:
|
a. |
Owners shall immediately inform Xxxxxxxxxx, advising the extent and expected duration of the Breakdown, and shall during the continuance of the Breakdown, provide the Charterer with
reasonable updates.
|
b. |
Charterers shall, if necessary and at Owners’ written request, supply at the next convenient bunkering port fuel of such specification and grade that enables the Vessel’s compliance with
MARPOL Annex VI without use of the Certified EGC Technology. Such specification and grade to be notified in writing by Owners and to be in accordance the description in PART 1, Section I.
|
c. |
Owners shall indemnify Charterers in respect of any liability, loss, damage or expense of whatsoever nature arising out of and/or in connection with any Breakdown, including (but not in any
way limited to) any increased costs relating to fuel (whether pursuant to clause 18.2(b), or as a result of the Vessel burning more fuel or more fuel of a certain specification than would have been the case had there been no Breakdown).
|
d. |
If any Breakdown continues or is expected to continue for 45 days, then, without prejudice to any other
rights Charterers may have under this Charter, Charterers shall have the option of terminating this Charter by giving notice in writing to Owners. Termination shall take effect from the date on which such notice is received by Owners or from
any later date stated in such notice.
|
e. |
Upon termination in accordance with this Clause, Owners shall forthwith remit to Charterers any hire paid in advance and not earned as at the date of termination and any other monies owing,
including but not limited to the cost of bunkers on board at the time the Breakdown first occurred.
|
f. |
For the purposes of this clause and clause 31, “Breakdown” means any situation where the Certified EGC Technology breaks down, becomes unusable, loses certification or no longer conforms to
the relevant requirements of regulation 4 MARPOL Annex VI or such other Flag state accreditation, or fails to provide effective equivalence to the requirements of regulations 14.1 of MARPOL Annex VI when burning fuel her Main and Auxiliary
Engines with sulphur content in excess of 0.5%.
|
14. |
BIMCO COVID-19 CREW CHANGE CLAUSE FOR TIME CHARTER PARTIES 2020:
|
15. |
INFECTIOUS DISEASE CLAUSE:
|
16. |
OWNERS UNDER KEEL CLEARANCE AND AIR CLEARANCE POLICY
|
17. |
AGM Clause
|
To : | [insert name of Owners] | [insert date] |
The Owners of the [insert name of ship] | ||
[insert address]
|
||
Dear Sirs | ||
Ship: | [insert name of ship] | |
Charter Party: |
[insert details & date]
|
|
Voyage: |
[insert load and discharge ports as stated in the bill of lading] | |
Cargo(es): |
[quantity & type] | |
Bill of lading: | No. _______ dated ______ issued at ______ |
|
Bill of lading: | No. _______ dated ______ issued at ______ |
i. |
the details from the bill(s) of lading pursuant to which the cargoes were originally loaded, including the nature of the cargo, the original quantity loaded and the date and place of
loading; and
|
ii. |
the place and date that the blending took place.
|
To : |
[insert
name of Owners] |
[insert date] |
The Owners of the [insert name of ship] | ||
[insert address]
|
||
Dear Sirs | ||
Ship: |
[insert name of ship] | |
Charter Party: | [insert details & date] | |
Voyage: | [insert load and discharge ports as stated in the bill of lading] | |
Cargo(es): | [quantity & type] | |
Bill of lading: | No. _______ dated _______ issued at _______ |
To : | [insert name of Owners] | [insert date] |
The Owners of the [insert name of ship] | ||
[insert address] | ||
Dear Sirs | ||
Ship: | [insert name of ship] | |
Charter Party: | [insert details & date] | |
Voyage: | [insert
load and discharge ports as stated in the bill of lading] |
|
Cargo(es): |
[quantity & type] | |
Bill of lading: | No. ________ dated ______ issued at ______ |
|
Bill of lading: | No. ________ dated ______ issued at ______ |
To : | [insert name of Owners] | [insert date] |
The Owners of the [insert name of ship] | ||
[insert address] | ||
Dear Sirs | ||
Ship: | [insert name of ship] | |
Charter Party: | [insert details & date] | |
Voyage: | [insert
load and discharge ports as stated in the bill of lading] |
|
Cargo(es): |
[quantity & type] | |
Bill of lading: | No. ________ dated ______ issued at ______ |
To : | [insert name of Owners] | [insert date] |
The Owners of the [insert name of ship] | ||
[insert address] | ||
Dear Sirs | ||
Ship: | [insert name of ship] | |
Charter Party: | [insert details & date] | |
Voyage: | [insert load and discharge ports as stated in the bill of lading] |
|
Cargo(es): |
[quantity & type] | |
Bill of lading: | No. ________ dated ______ issued at ______ |
To : | [insert name of Owners] | [insert date] |
The Owners of the [insert name of ship] | ||
[insert address] | ||
Dear Sirs | ||
Ship: | [insert name of ship] | |
Charter Party: | [insert details & date] | |
Voyage: | [insert load and discharge ports as stated in the bill of lading] |
|
Cargo(es): |
[quantity & type] | |
Bill of lading: | No. ________ dated ______ issued at ______ |
To : | [insert name of Owners] | [insert date] |
The Owners of the [insert name of ship] | ||
[insert address] | ||
Dear Sirs | ||
Ship: | [insert name of ship] | |
Charter Party: | [insert details & date] | |
Voyage: | [insert load and discharge ports as stated in the bill of lading] |
|
Cargo(es): |
[quantity & type] | |
Bill of lading: | No. ________ dated ______ issued at ______ |
|
Bill of lading: | No. ________ dated ______ issued at ______ |
i.
|
the details from the bill(s) of lading pursuant to which the cargoes were originally loaded, including the nature of the cargo, the original quantity loaded
and the date and place of loading; and
|
ii.
|
the place and date that the comingling took place.
|
To : | [insert name of Owners] | [insert date] |
The Owners of the [insert name of ship] | ||
[insert address] | ||
Dear Sirs | ||
Ship: | [insert name of ship] | |
Voyage: | [insert load and discharge ports as stated in the bill of lading] |
|
Cargo: |
[insert description of cargo]
|
|
Bill of lading: |
[insert identification numbers, date and place of
issue]
|
1. |
To indemnify you, your servants and agents and to hold all of you harmless in respect of any liability, loss, damage or expense of whatsoever nature which you may sustain by reason of
delivering the cargo in accordance with our request.
|
2. |
In the event of any proceedings being commenced against you or any of your servants or agents in connection with the delivery of the cargo as aforesaid, to provide you or them on demand
with sufficient funds to defend the same.
|
3. |
If, in connection with the delivery of the cargo as aforesaid, the ship, or any other ship or property in the same or associated ownership, management or control, should be arrested or
detained or should the arrest or detention thereof be threatened, or should there be any interference in the use or trading of the vessel (whether by virtue of a caveat being entered on the ship’s registry or otherwise howsoever), to
provide on demand such bail or other security as may be required to prevent such arrest or detention or to secure the release of such ship or property or to remove such interference and to indemnify you in respect of any liability, loss,
damage or expense caused by such arrest or detention or threatened arrest or detention or such interference, whether or not such arrest or detention or threatened arrest or detention or such interference may be justified.
|
4. |
If the place at which we have asked you to make delivery is a bulk liquid or gas terminal or facility, or another ship, lighter or barge, then delivery to such terminal, facility, ship,
lighter or barge shall be deemed to be delivery to the party to whom we have requested you to make such delivery.
|
5. |
As soon as all original bills of lading for the above cargo shall have come into our possession, to deliver the same to you, or otherwise to cause all original bills of lading to be
delivered to you, whereupon our liability hereunder shall cease.
|
6. |
The liability of each and every person under this indemnity shall be joint and several and shall not be conditional upon your proceeding first against any person, whether or not such
person is party to or liable under this indemnity.
|
7. |
This indemnity shall be governed by and construed in accordance with English law and each and every person liable under this indemnity shall at your request submit to the jurisdiction of
the High Court of Justice of England.
|
To : | [insert name of Owners] | [insert date] |
The Owners of the [insert name of ship] | ||
[insert address] | ||
Dear Sirs | ||
Ship: | [insert name of ship] | |
Voyage: | [insert load and discharge ports as stated in the bill of lading] |
|
Cargo: |
[insert description of cargo]
|
|
Bill of lading: |
[insert identification number, date and place of
issue]
|
1. |
To indemnify you, your servants and agents and to hold all of you harmless in respect of any liability, loss, damage or expense of whatsoever nature which you may sustain by reason of the
ship proceeding and giving delivery of the cargo against production of at least one original bill of lading in accordance with our request.
|
2. |
In the event of any proceedings being commenced against you or any of your servants or agents in connection with the ship proceeding and giving delivery of the cargo as aforesaid, to
provide you or them on demand with sufficient funds to defend the same.
|
3. |
If, in connection with the delivery of the cargo as aforesaid, the ship, or any other ship or property in the same or associated ownership, management or control, should be arrested or
detained or should the arrest or detention thereof be threatened, or should there be any interference in the use or trading of the vessel (whether by virtue of a caveat being entered on the ship’s registry or otherwise howsoever), to
provide on demand such bail or other security as may be required to prevent such arrest or detention or to secure the release of such ship or property or to remove such interference and to indemnify you in respect of any liability, loss,
damage or expense caused by such arrest or detention or threatened arrest or detention or such interference, whether or not such arrest or detention or threatened arrest or detention or such interference may be justified.
|
4. |
The liability of each and every person under this indemnity shall be joint and several and shall not be conditional upon your proceeding first against any person, whether or not such
person is party to or liable under this indemnity.
|
5. |
This indemnity shall be governed by and construed in accordance with English law and each and every person liable under this indemnity shall at your request submit to the jurisdiction of
the High Court of Justice of England.
|
To : | [insert name of Owners] | [insert date] |
The Owners of the [insert name of ship] | ||
[insert address] | ||
Dear Sirs | ||
Ship: | [insert name of ship] | |
Voyage: | [insert load and discharge ports as stated in the bill of lading] |
|
Cargo: |
[insert description of cargo]
|
|
Bill of lading: |
[insert identification number, date and place of
issue]
|
1. |
To indemnify you, your servants and agents and to hold all of you harmless in respect of any liability, loss, damage or expense of whatsoever nature which you may sustain by reason of the
ship proceeding and giving delivery of the cargo in accordance with our request.
|
2. |
In the event of any proceedings being commenced against you or any of your servants or agents in connection with the ship proceeding and giving delivery of the cargo as aforesaid, to
provide you or them on demand with sufficient funds to defend the same.
|
3. |
If, in connection with the delivery of the cargo as aforesaid, the ship, or any other ship or property in the same or associated ownership, management or control, should be arrested or
detained or should the arrest or detention thereof be threatened, or should there be any interference in the use or trading of the vessel (whether by virtue of a caveat being entered on the ship’s registry or otherwise howsoever), to
provide on demand such bail or other security as may be required to prevent such arrest or detention or to secure the release of such ship or property or to remove such interference and to indemnify you in respect of any liability, loss,
damage or expense caused by such arrest or detention or threatened arrest or detention or such interference, whether or not such arrest or detention or threatened arrest or detention or such interference may be justified.If the place at
which we have asked you to make delivery is a bulk liquid or gas terminal or facility, or another ship, lighter or barge, then delivery to such terminal,
facility, ship, lighter or barge shall be deemed to be delivery to the party to whom we have requested you to make such delivery.
|
4. |
As soon as all original bills of lading for the above cargo shall have come into our possession, to deliver the same to you, or otherwise to cause all original bills of lading to be
delivered to you.
|
5. |
The liability of each and every person under this indemnity shall be joint and several and shall not be conditional upon your proceeding first against any person, whether or not such
person is party to or liable under this indemnity.
|
6. |
This indemnity shall be governed by and construed in accordance with English law and each and every person liable under this indemnity shall at your request submit to the jurisdiction of
the High Court of Justice of England.
|
The Requestor
To : ______________ [insert name of owners] of the ______ [insert name of the vessel] | |
Dear Sirs, | |
Ship: | |
Charterparty:
|
|
Voyage: | |
Cargo: |
|
Bills of lading: |
|
Date:
|
|
***
|
1. |
That the reason for requesting you to carry one original of each set of the bills of lading on board the ship and to deliver same to our local discharge port agents as aforesaid is to
facilitate prompt delivery of the cargo to the receivers at the discharge port(s).
|
2. |
That we will ensure that lawful title to the cargo is properly passed to any intermediate buyers and/or holders of the bills of lading and/or the receivers at the discharge port(s),
notwithstanding that one original of each set of the bills of lading has been retained on board the ship and delivered to our local discharge port agents as aforesaid.
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3. |
That we will take the utmost care in assisting the Master in identifying the party(ies) to whom the original of each set of the bills of lading should be delivered at the discharge
port(s).
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4. |
To indemnify you, your servants and agents and to hold all of you harmless in respect of any liability, loss, damage or expense of whatsoever nature which you may sustain by reason of the
ship proceeding and giving delivery of the cargo in accordance with our above request, including any mis-delivery claims and/or claims in respect of the title to the cargo.
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5. |
In the event of any proceedings being commenced against you or any of your servants or agents in connection with the ship proceeding and giving delivery of the cargo as aforesaid, to
provide you or them on demand with sufficient funds to defend the same.
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6. |
If, in connection with the delivery of the cargo as aforesaid, the ship, or any other ship or property in the same or associated ownership, management or control, should be arrested or
detained or should the arrest or detention thereof be threatened, or should there be any interference in the use or trading of the vessel (whether by virtue of a caveat being entered on the ship’s registry or otherwise howsoever), to
provide on demand such bail or other security as may be required to prevent such arrest or detention or to secure the release of such ship or property or to remove such interference and to indemnify you in respect of any liability, loss,
damage or expense caused by such arrest or detention or threatened arrest or detention or such interference may be justified.
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7. |
To deliver all original bills of lading for the above cargo to you, or otherwise to cause all original bills of lading to be delivered to you.
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8. |
The liability of each and every person under this indemnity shall be joint and several and shall not be conditional upon your proceeding first against any person, whether or not such
person is party to or liable under this indemnity.
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9. |
This indemnity shall be governed by and construed in accordance with English law and the arbitration/jurisdiction clause of the Charterparty shall be incorporated herein with logical
amendments.
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