Time Charter Party MARCH 28TH,2007
SHELLTIME
4
MARCH 28TH,2007
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IT
IS THIS DAY AGREED between Shinyo
Loyalty Limited
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good
motor
vessel
called M/T
Shinyo Splendor
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(hereinafter
referred to as “Charterers”) Sinochem
International Oil Company ( Beijing ) to present a Letter of
Acknowledgement, as an appendix to this Charter
party:
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Description
and
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1.
At the date of delivery of the vessel under this charter
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Condition
of
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(a)
she shall be classed: DNV
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Vessel
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(b)
she shall be in every way fit to carry no
heat crude
petroleum
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(c)
she shall be tight, staunch, strong, in good order and condition,
and in
every way fit for the
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service,
with her machinery, boilers hull and other equipment (including but
not
limited to hull stress calculator
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and
radar) 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
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at
sea - fuel oil with a maximum viscosity of 380 Centistokes
at 50 degrees Centigrade/
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for
auxiliaries
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in
port - marine diesel oil/
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(f)
she shall comply with the regulations in force so as to enable her
to pass
through the Suez and
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Panama
Canals by day and night without delay in good weather and sea
condition;
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(g)
she shall have on board all certificates, documents and equipment
required
from time to time by
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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
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Shipboard
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2.
(a) At the date of delivery of the vessel under this charter
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Personnel
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(i)
she shall have a full and efficient complement of master, officers
and
crew for a vessel of her
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and
their Duties
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tonnage,
who shall in any event be not less than the number required by the
laws of
the flag state and who shall be
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trained
to operate the vessel and her equipment competently and
safely;
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(ii)
all shipboard personnel shall hold valid certificates of competence
in
accordance with the
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requirements
of the law of the flag state;
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(iii)
all shipboard personnel shall be trained in accordance with the relevant
provisions of the
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International
Convention on Standards of Training, Certification and Watchkeeping
for
Seafarers, 1978;
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(iv)
there shall be on board sufficient personnel with a good working
knowledge
of the English
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language
to enable cargo operations at loading and discharging places to be
carried
out efficiently and safely and
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to
enable communications between the vessel and those loading the vessel
or
accepting discharge therefrom to be
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carried
out quickly and efficiently.
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(b)
Owners guarantee that throughout the charter service the master shall
with
the vessel’s officers
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and
crew, unless otherwise ordered by Charterers,
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(i)
prosecute all voyages with the utmost despatch;
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(ii)
render all customary assistance; and
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(iii)
load and discharge cargo as rapidly as possible when required by
Charterers or their agents
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to
do so, by night or by day, but always in accordance with the laws
of the
place of loading or discharging (as the
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case
may be) and in each case in accordance with any applicable laws of
the
flag state.
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3.
(i) Throughout the charter service Owners shall, whenever the passage
of
time, wear and tear or any
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event
(whether or not coming within Clause 27 hereof) required steps to
be taken
to maintain or restore the
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conditions
stipulated in Clauses 1 and 2(a), exercise due diligence so to maintain
or
restore the vessel.
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(ii)
If at any time whilst the vessel is on hire under this charter the
vessel
fails to comply with the
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requirements
of Clauses 1, 2(a) ,3(i) or
10 then hire shall be reduced to the extent necessary to indemnify
Charterers
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If and to the extent that such failure affects the time taken by
the
vessel to perform any services
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under
this charter, hire shall be reduced by an amount equal to the value,
calculated at the rate of hire, of the time
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so
lost.
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Any
reduction of hire under this sub-Clause (ii) shall be without prejudice
to
any other remedy
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available
to Charterers, but where such reduction of hire is in respect of
time
lost, such time shall be excluded
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from
any calculation under Clause 24.
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(iii)
If Owners are in breach of their obligation under Clause
3(i) Charterers may so notify Owners in
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writing:
and if, after the expiry of 30 days following the receipt by Owners
of any
such notice, Owners have failed
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to
demonstrate to Charterers’ reasonable satisfaction the exercise of due
diligence as required in Clause 3(i), the
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vessel
shall be off-hire, and no further hire payments shall be due, until
Owners
have so demonstrated that they
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are
exercising such due diligence.
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Furthermore, at
any time while the vessel is off-hire under this Clause 3 Charterers
have
the
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option
to terminate this charter by giving notice in writing with effect
from the
date on which such notice of
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termination
is received by Owners or from any later date stated in such notice.
This
sub-Clause (iii) is without
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prejudice
to any rights of Charterers or obligations of Owners under this charter
or
otherwise (including without
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limitation
Charterers rights under Clause 21 hereof).
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Period
Trading
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4.
Owners agree to let and Charterers agree to hire the vessel for a
period
of firm
7 years, with chopt 3 years, plus / minus 45 days on final
period
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Limits
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commencing
from the time and date of delivery of the vessel, for the purpose
of
carrying all lawful merchandise
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(subject
always to Clause 28) including in particular
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in
any part of the world, as Charterers shall direct, subject to the
limits
of the current
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any
subsequent amendments thereof
.Notwithstanding
the foregoing, but subject to Clause 35. Charterers
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may
order the vessel to ice-bound waters or to any part of the world
outside
such limits provided that Owners
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consent
thereto (such consent not to be unreasonably withheld) and that Charterers
pay for any insurance
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premium
required by the vessel’s underwriters as a consequence of such
order.
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Charterers
shall use due diligence to ensure that the vessel is only employed
between
and at safe places
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(which
expression when used in this charter shall include ports, berths,
wharves,
docks, anchorages, submarine
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lines,
alongside vessels or lighters, and other locations including locations
at
sea) where she can safely lie always
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afloat.
Notwithstanding anything contained in this or any other clause of
this
charter
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the
safety of any place to which they order the vessel and shall be under
no
liability in respect thereof except for
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loss
or damage caused by their failure to exercise due diligence as aforesaid.
Subject as above, the vessel shall be
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loaded
and discharged at any places as Charterers may direct, provided that
Charterers shall exercise due
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diligence
to ensure that any ship-to-ship transfer operations shall conform
to
standards not less than those set out
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in
the latest published edition of the ICS/OCIMF Ship-to Ship Transfer
Guide
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The
vessel shall be delivered by Owners at a safe port one safe
berth
World Wide, but within IWL
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at
Owners’ option and redelivered to Owners at one safe port one safe berth
World
Wide, but within IWL
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at
Charterers’ option.
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Laydays/
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5.
The vessel
shall
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Cancelling
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have
the option of cancelling this charter if the vessel is not ready
and at
their disposal on or before
30 June 2007
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Owners
to
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6.
Owners undertake to provide and to pay for all provisions, wages,
and
shipping and discharging fees
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Provide
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and
all other expenses of the master, officers and crew; also, except
as
provided in Clauses 4 and 34 hereof, for all
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insurance
on the vessel, for all deck, cabin and engine-room stores, and for
water except
for tank cleaning ,
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for
all drydocking, overhaul,
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maintenance
and repairs to the vessel; and for all fumigation expenses and de-rat
certificates. Owners’
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obligations
under this Clause 6 extend to all liabilities for customs or import
duties
arising at any time during the
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performance
of this charter in relation to the personal effects of the master,
officers and crew, and in relation to
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the
stores, provisions and other matters aforesaid which Owners are to
provide
and pay for and Owners shall
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refund
to Charterers any sums Charterers or their agents may have paid or
been
compelled to pay in respect of
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any
such liability. Any amounts allowable in general average for wages
and
provisions and stores shall be credited
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to
Charterers insofar as such amounts are in respect of a period when
the
vessel is on-hire.
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Charterers
to
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7.
Charterers shall provide and pay for all fuel (
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Provide
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Pilotage
and shall pay agency fees, port
charges, commissions, expenses of loading and unloading cargoes,
canal
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dues and
all charges other than those payable by Owners in accordance with
Clause 6
hereof, provided that all
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charges for
the said items shall be for Owners’ account when such items are consumed,
employed or incurred for
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Owners’
purposes or while the vessel is off-hire (unless such items reasonably
relate to any service given or
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distance
made good and taken into account under Clause 21 or 22); and provided
further that any fuel used in
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connection
with a general average sacrifice or expenditure shall be paid for
by
Owners.
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Rate
of
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8.
Subject as herein provided, Charterers shall pay for the use and
hire of
the vessel at the rate of USD39,500
per day pro rata for the firm 7 years period;USD39,000 for optional
3
years.
per
day, and pro rata for any part of a day,
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Hire
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from
the time and date of her delivery (
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Payment
of
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9.
Subject to Clause 3(iii), payment of hire shall be made in immediately
available funds to
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Hire
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Account
HSBC
Bank USA, New York, (Swift: XXXXXX00
In
favour of DVB Group Merchant Bank (Asia) Ltd. (Swift:
DVKBSGSG)
Account
No. 000.305.189
For
credit to Shinyo Loyalty Limited with A/C No. 190.000.2914 (Earning
Account)
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In
30 days per calendar month in advance less:
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(i)
any hire paid which Charters reasonably estimate to relate to off-hire
periods, and
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(ii) any
amounts disbursed on Owners’ behalf, any advances and commission thereon,
and
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charges
which are for Owners’ account pursuant to any provision hereof, and
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(iii)
any amounts due or reasonably estimated to become due to Charterers
under
Clause 3(ii) or
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24
hereof,
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any
such adjustments to be made at the due date for the next monthly
payment
after the facts have been
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ascertained.
Charterers shall not be responsible for any delay or error by Owners’ bank
in crediting Owner’
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account
provided that Charterers have made proper and timely
payment.
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In
default of such proper and timely payment,
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(a)
Owners shall notify Charterers of such default and Charterers shall
within
seven days of receipt of
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such
notice pay to Owners the amount due including interest, failing which
Owners may withdraw the vessel from
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the
service of Charterers without prejudice to any other rights Owners
may
have under this charter or otherwise;
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and
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(b)
Interest on any amount due but not paid on the due date shall accrue
from
the day after that date
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up
to and including the day when payment is made, at a rate per annum
which
shall be 1% above the U.S. Prime
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Interest
Rate as published by the
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or,
if no such interest rate is published on that day, the interest rate
published on the next preceding day on which
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such
a rate was so published, computed on the basis of a 360 day year
of twelve
30-day months, compounded
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semi-annually.
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Space
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10.
The whole reach, burthen and decks of the vessel and any passenger
accommodation (including
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Available
to
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Owners’
suite) shall be at Charterers’ disposal, reserving only proper and
sufficient space for the vessel’s master,
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Charterers
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officers,
crew, tackle, apparel, furniture, provisions and stores, provided
that the
weight of stores on board shall
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not,
unless specially agreed, exceed 400
tonnes
at any time during the charter period.
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Overtime
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133
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134
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135
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Instructions
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12.
Charterers shall from time to time give the master all requisite
instructions and sailing directions, and
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and
Logs
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he
shall keep a full and correct log of the voyage or voyages, which
Charterers or their agents may inspect as
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required,
The master shall when required
furnish Charterers or their agents with a true copy of such log and
with
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properly
completed loading and discharging port sheets and voyage reports
for each
voyage and other returns as
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Charterers
may require. Charterers shall be entitled to take copies at Owners’
expense of any such documents
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which
are not provided by the master.
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Xxxx
of
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13.
(a) The
master (although appointed by Owners) shall be under the orders and
direction of
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Lading
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Charterers
as regards employment of the vessel, agency and other arrangements,
and
shall sign bills of lading as
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Charterers
or their agents may direct (subject always to Clauses 35(a) and 40)
without prejudice to this charter.
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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
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the
extent that the terms of such bills of lading fail to conform to
the
requirements of this charter, or (except as
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provided
in Clause 13(b)) from the master otherwise complying with Charterers
or
their agents’ orders:
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(ii)
from any irregularities in papers supplied by Charterers or their
agents.
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(b)
Notwithstanding the foregoing, Owners shall not be obliged to comply
with
any orders from
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Charterers
to discharge all or part of the cargo
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(i)
at any place other than that shown on the xxxx of lading
and/or
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(ii)
without presentation of an original xxxx of lading
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unless
they have received from Charterers both written confirmation of such
orders and an
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indemnity
in a form acceptable to Owners.
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Conduct
of
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14.
If Charterers complain of the conduct of the master or any of the
officers
or crew, Owners shall
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Vessel’s
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immediately
investigate the complaint, If the complaint proves to be well founded,
Owners shall, without delay.
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Personnel
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make
a change in the appointments and Owners shall in any event communicate
the
result of their investigations
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to
Charterers as soon as possible.
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Bunkers
at
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15.
Charterers shall accept and pay for all bunkers on board at the time
of
delivery, and Owners shall on
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Delivery
and
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redelivery
(whether it occurs at the end of the charter period or on the earlier
termination of this charter) accept
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Redelivery
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and
pay for all bunkers remaining on board,
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164
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165
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166
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167
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Stevedores,
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16.
Stevedores when required shall be employed and paid by Charterers,
but
this shall not relieve Owners
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Pilots,
Tugs
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from
responsibility at all
times for proper stowage, which must be controlled by the master
who shall
keep a strict
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account
of all cargo loaded and discharged. Owners hereby indemnify Charterers,
their servants and agents
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against
all losses, claims, responsibilities and liabilities arising in any
way
whatsoever from the employment of
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pilots,
tugboats or stevedores, who although employed by Charterers shall
be
deemed to be the servants of and in
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the
service of Owners and under their instructions (even if such pilots,
tugboat personnel or stevedores are in fact
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the
servants of Charterers their agents or any affiliated company); provided,
however, that
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(i)
the foregoing indemnity shall not exceed the amount to which Owners
would
have been
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entitled
to limit their liability if they had themselves employed such pilots,
tugboats or stevedores, and
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(ii)
Charterers shall be liable for any damage to the vessel caused by
or
arising out of the use of
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stevedores,
fair wear and tear excepted, to the extent that Owner are unable
by the
exercise of due diligence to
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obtain
redress therefore from stevedores.
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Supernumeraries
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17.
Charterers may send representatives in the vessel’s available
accommodation upon any voyage made
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under
this charter, Owners finding provisions and all requisites as supplied
to
officers, except liquors. Charterers
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paying
at the rate of USD 20
per day for each representative while on board the vessel.
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Sub-letting
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18.
Charterers may sub-let the vessel, but shall always remain responsible
to
Owners for due fulfillment of
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183
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this
charter.
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Final
Voyage
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19.
If when a payment of hire is due hereunder Charterers reasonably
expect to
redeliver the vessel before
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the
next payment of hire would fall due, the hire to be paid shall be
assessed
on Charterers’ reasonable estimate of
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the
time necessary to complete Charterers’ programme up to redelivery, and
from which estimate Charterers
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may
deduct amounts due or reasonably expected to become due for
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(i) disbursements
on Owners’ behalf or charges for Owners’ account pursuant to any
provision
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hereof,
and
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(ii)
bunkers on board at redelivery pursuant to Clause 15.
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Promptly
after redelivery any overpayment shall be refunded by Owners or any
underpayment made
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good
by Charterers.
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If
at the time this charter would otherwise terminate in accordance
with
Clause 4 the vessel is on a
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ballast
voyage to a port of redelivery or is upon a laden voyage, Charterers
shall
continue to have the use of the
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vessel
at the same rate and conditions as stand herein for as long as necessary
to complete such ballast voyage, or
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to
complete such laden voyage and return to a port of redelivery as
provided
by this charter, as the case may be.
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Loss
of
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20.
Should the vessel be lost, this charter shall terminate and hire
shall
cease at noon on the day of her loss;
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198
|
|
Vessel
|
shoud
the vessel be a constructive total loss, this charter shall terminate
and
hire shall cease at noon on the day on
|
199
|
|
which
the vessel’s underwriters agree that the vessel is a constructive total
loss; should the vessel be missing, this
|
200
|
|
|
charter
shall terminate and hire shall cease at noon on the day on which
she was
last heard of. Any hire paid in
|
201
|
|
|
advance
and not earned shall be returned to Charterers and Owners shall reimburse
Charterers for the value of
|
202
|
|
|
the
estimated quantity of bunkers on board at the time of termination,
at the
price paid by Charterers at the last
|
203
|
|
|
bunkering
port.
|
204
|
|
|
Off-hire
|
21.
(a) On each and every occasion that there is loss of time (whether
by way
of interruption in the
|
205
|
|
vessel’s
service or, from reduction in the vessel’s performance, or in any other
manner)
|
206
|
|
|
(i)
due to deficiency of personnel or stores; repairs; gas-freeing for
repairs; time in and waiting
|
207
|
|
|
to
enter dry dock for repairs; breakdown (whether partial or total)
of
machinery, boilers or other parts of the
|
208
|
|
|
vessel
or her equipment (including without limitation tank coatings); overhaul,
maintenance or survey; collision,
|
209
|
|
|
standing,
accident or damage to the vessel; or any other similar cause preventing
the efficient working of the
|
210
|
|
|
vessel;
|
211
|
|
|
|
212
|
|
|
(ii)
due to industrial action, refusal to sail, breach of orders or neglect
of
duty on the part of the
|
213
|
|
|
master,
officers or crew; or
|
214
|
|
|
(iii)
for the purpose of obtaining medical advice or treatment for or landing
any sick or injured
|
215
|
|
|
person
(other than a Charterers’ representative carried under Clause 17 hereof)
or for the purpose of landing the
|
216
|
|
|
body
of any person (other than a Charterers’ representative),
|
217
|
|
|
|
218
|
|
|
(iv)
due to any delay in quarantine arising from the master, officers
or crew
having had
|
219
|
|
|
communication
with the shore at any infected area without the written consent or
instruction of Charterers or
|
220
|
|
|
their
agents, or to any detention by customs or other authorities caused
by
smuggling or other infraction of local
|
221
|
|
|
law
on the part of the master, officers, or crew; or
|
222
|
|
|
(v)
due to detention of the vessel by authorities at home or abroad
attributable to legal action
|
223
|
|
|
against
or breach of regulations by the vessel, the vessel’s owners, or Owners
(unless brought about by the act or
|
224
|
|
|
neglect
of Charterers); then
|
225
|
|
|
without
prejudice to Charterers’ rights under Clause 3 or to any other rights of
Charterers
|
226
|
|
|
hereunder
or otherwise the vessel shall be off-hire from the commencement of
such
loss of time until she is again
|
227
|
|
|
ready
and in an efficient state to resume her service from a position not
less
favourable to Charterers than that at
|
228
|
|
|
which
such loss of time commenced; provided, however, that any service
given or
distance made good by the
|
229
|
|
|
vessel
whilst off-hire shall be taken into account in assessing the amount
to be
deducted from hire.
|
230
|
|
|
(b)
If the vessel fails to proceed at any guaranteed speed pursuant to
Clause
24, and such failure
|
231
|
|
|
arises
wholly or partly from any of the causes set out in Clause 21(a) above,
then the period for which the vessel
|
232
|
|
|
shall
be off-hire under
this Clause 21 shall be the difference between
|
233
|
|
|
(i)
the time the vessel would have required to perform the relevant service
at
such guaranteed
|
234
|
|
|
speed,
and
|
235
|
|
|
(ii)
the time actually taken to perform such service (including any loss
of
time arising from
|
236
|
|
|
interruption
in the performance of such service).
|
237
|
|
|
For
the avoidance of doubt, all time included under (ii) above shall
be
excluded from any
|
238
|
|
|
computation
under Clause 24.
|
239
|
|
|
(c)
Further and without prejudice to the foregoing, in the event of the
vessel
deviating (which
|
240
|
|
|
expression
includes without limitation putting back, or putting into any port
other
than that to which she is bound
|
241
|
|
|
under
the instructions of Charterers) for any cause or purpose mentioned
in
Clause 21(a), the vessel shall be
|
242
|
|
|
off-hire
from the commencement of such deviation until the time when she is
again
ready and in an efficient state
|
243
|
|
to
resume her service from a position not less favourable to Charterers
than
that at which the deviation
|
244
|
|
|
commenced,
provided, however, that any service given or distance made good by
the
vessel
|
245
|
|
|
shall
be taken into account in assessing the amount to be deducted from
hire.If
the vessel, for any cause or
|
246
|
|
|
purpose
mentioned in Clause 21(a), puts into any port other than the port
to which
she is bound on the
|
247
|
|
|
instructions
of Charterers, the port charges, pilotage and other expenses at such
port
shall be borne by Owners.
|
248
|
|
|
Should
the vessel be driven into any port or anchorage by stress of weather
hire
shall continue to be due and
|
249
|
|
|
payable
during any time lost thereby.
|
250
|
|
|
(d)
If the vessel’s flag state becomes engaged in hostilities, and Charterers
in consequence of such
|
251
|
|
|
hostilities
find it commercially impracticable to employ the vessel and have
given
Owners written notice thereof
|
252
|
|
|
then
from the date of receipt by Owners of such notice until the termination
of
such commercial impracticability
|
253
|
|
|
the
vessel shall be off-hire and Owners shall have the right to employ
the
vessel on their own account.
|
254
|
|
|
(e)
Time
during which the vessel is off-hire under this charter shall count
as part
of the charter
|
255
|
|
|
period. however
Charterers shall have the option to add off-hire period(s) to the
Charter
Period. Such option to be declared latest 2 months before the end
of
Charter.
|
256
|
|
|
Periodical
|
22.
(a) Owners have the right and obligation to drydock the vessel at
regular
intervals of as
per class requirement
|
000
|
|
Xxxxxxxxxx
|
Xx
each occasion Owners shall propose to Charterers a date and
port on
which they wish to
|
258
|
|
drydock
the vessel, not less than 70
days
before such date, and Charterers shall
|
259
|
|
|
take
all reasonable steps to make the vessel available as near to such
date and
port as
|
260
|
|
|
practicable.
|
261
|
|
|
Owners
shall put the vessel in drydock at their expense as soon as practicable
after Charterers
|
262
|
|
|
place
the vessel at Owners’ disposal clear of cargo other than tank washings and
residues. Owners shall be
|
263
|
|
|
responsible
for and pay for the disposal into reception facilities of such tank
washings and residues and shall have
|
264
|
|
|
the
right to retain any monies received therefor,
without
prejudice to any claim for loss of cargo under any xxxx of
|
265
|
|
|
lading
or this charter.
|
266
|
|
|
(b)
If a periodical drydocking is carried out in the port offered by
Charterers (which must have
|
267
|
|
|
suitable
accommodation for the purpose and reception facilities for tank washings
and residues), the vessel shall
|
268
|
|
|
be
off-hire from the time she arrives at such port until drydocking
is
completed and she is in every way ready to
|
269
|
|
|
resume
Charterers’ service and is at the position at which she went off-hire or a
position no less favourable to
|
270
|
|
|
Charterers,
whichever she first attains. However,
|
271
|
|
|
(i)
provided that Owners exercise due diligence in gas-freeing, any time
lost
in gas-freeing to
|
272
|
|
|
the
standard required for entry into drydock for cleaning and painting
the
hull shall not count as off-hire, whether
|
273
|
|
|
lost
on passage to the drydocking port or after arrival there (notwithstanding
Clause 21), and
|
274
|
|
|
(ii)
any additional time lost in further gas-freeing to meet the standard
required for hot work or
|
275
|
|
|
entry
to cargo tanks shall count as off-hire, whether lost on passage to
the
drydocking port or after arrival there.
|
276
|
|
|
Any
time which, but for sub-Clause (i) above, would be off-hire, shall
not be
included in any
|
277
|
|
|
calculation
under Clause24.
|
278
|
|
|
The
expenses of gas-freeing, including without limitation the cost of
bunkers,
shall be for
|
279
|
|
|
Owners
account.
|
280
|
|
|
(c)
If Owners require the vessel, instead of proceeding to the offered
port,
to carry out periodical
|
281
|
|
|
drydocking
at a special port selected by them, the vessel shall be off-hire
from the
time when she is released to
|
282
|
|
|
proceed
to the special port until she next presents for loading in accordance
with Charterers’
instructions,
|
283
|
|
|
provided,
however, that Charterers shall credit Owners with the time which
would
have been taken on passage at
|
284
|
|
|
the
service speed had the vessel not proceeded to drydock. All fuel consumed
shall be paid for by Owners but
|
285
|
|
|
Charterers
shall credit Owners with the value of the fuel which would have been
used
on such notional passage
|
286
|
|
|
calculated
at the guaranteed daily consumption for the service speed, and shall
further credit Owners with any
|
287
|
|
|
benefit
they may gain in purchasing bunkers at the special port.
|
288
|
|
|
(d)
Charterers shall, insofar as cleaning for periodical drydocking may
have
reduced the amount of
|
289
|
|
|
tank-cleaning
necessary to meet Charterers’ requirements, credit Owners with the value
of any bunkers which
|
290
|
|
|
Charterers
calculate to have been saved thereby, whether the vessel drydocks
at an
offered or a special port.
|
291
|
|
|
Ship
Inspection
|
23.
Charterers shall have the right at any time during the charter period
to
make such inspection of the
|
292
|
|
vessel
as they may consider necessary. This right may be exercised as often
and
at such intervals as Charterers in
|
293
|
|
|
their
absolute discretion may determine and whether the vessel is in port
or on
passage. Owners affording all
|
294
|
|
necessary
co-operation and accommodation on board provided, however,
|
295
|
|
|
(i)
that neither the exercise nor the non-exercise, nor anything done
or not
done in the exercise
|
296
|
|
|
or
non-exercise, by Charterers of such right shall in any way reduce
the
master’s or Owners’ authority over, or
|
297
|
|
|
responsibility
to Charterers or third parties for, the vessel and every aspect of
her
operation, nor increase
|
298
|
|
|
Charterers’
responsibilities to Owners or third parties for the same;
and
|
299
|
|
|
(ii)
that Charterers shall not be liable for any act, neglect or default
by
themselves, their
|
300
|
|
|
servants
or agents in the exercise or non-exercise of the aforesaid
right.
|
301
|
|
|
Detailed
|
24
(a) Owners guarantee that the speed and consumption of the vessel
shall be
as follows:
|
302
|
|
Description
|
|
303
|
|
and
Performance
|
|
304
|
|
|
305
|
|
|
|
306
|
|
|
The
speed and consumption of MT Shinyo Splendor upto BF 5 shall be warranted
as:
First
4 years,
|
307
|
|
Av
Speed
|
Consumption (M/tDay)
for M/E
|
|
Consumption
(M/t Day) for Aux.Engines
|
|
|||||||||
|
(Knots)
|
Laden
|
|
Ballast
|
|
HFO
|
|
MGO
|
||||||
|
16.5
|
-
|
97
|
1
|
2
|
|||||||||
|
16
|
-
|
90
|
1
|
2
|
|||||||||
|
15.5
|
-
|
83
|
1
|
2
|
|||||||||
|
15
|
95
|
77
|
1
|
2
|
|||||||||
|
14.5
|
90
|
73
|
1
|
2
|
|||||||||
|
14
|
86
|
67
|
1
|
2
|
|||||||||
|
13.5
|
79
|
62
|
1
|
2
|
|||||||||
|
13
|
71
|
57
|
1
|
2
|
|||||||||
The
next 3 years, as well as option 3
years
|
Av
Speed
|
Consumption
(M/tDay) for M/E
|
Consumption
(M/t Day) for Aux.Engines
|
|
||||||||||
|
(Knots)
|
Laden
|
Ballast
|
HFO
|
MGO
|
|||||||||
|
16.5
|
-
|
98
|
1
|
2
|
|||||||||
|
16
|
-
|
92.5
|
1
|
2
|
|||||||||
|
15.5
|
-
|
85
|
1
|
2
|
|||||||||
|
15
|
96
|
77.5
|
1
|
2
|
|||||||||
|
14.5
|
92
|
74
|
1
|
2
|
|||||||||
|
14
|
88.5
|
68.5
|
1
|
2
|
|||||||||
|
13.5
|
82
|
63
|
1
|
2
|
|||||||||
|
13
|
74
|
57.5
|
1
|
2
|
|||||||||
|
The
foregoing bunker consumptions are for all purposes except cargo heating
and tank cleaning
|
308
|
|||
|
and
shall be pro-rated between the speeds shown.
|
309
|
|||
|
The
service speed of the vessel is knots
laden and
knots in ballast and in the absence
|
310
|
|||
|
of
Charterers’ orders to the contrary the vessel shall proceed at the service
speed. However if more than one
|
311
|
|||
|
laden
and one ballast speed are shown in the table above Charterer shall
have
the right to order the vessel to
|
312
|
|||
|
steam
at any speed within the range set out in the table (the “ordered
speed”).
|
313
|
|||
|
If
the vessel is ordered to proceed at any speed other than the highest
speed
shown in the table,
|
314
|
|||
|
and
the average speed actually attained by the vessel during the currency
of
such order exceeds such ordered
|
315
|
|||
|
speed
plus 0.5 knots (the “maximum recognized speed”), then for the purpose of
calculating any increase or
|
316
|
|||
|
decrease
of hire under this Clause 24 the maximum recognized speed shall be
used in
place of the average speed
|
317
|
|||
|
actually
attained.
|
318
|
|||
|
For
the purposes of this charter the “guaranteed speed” at any time shall be
the then-current
|
319
|
|||
|
ordered
speed or the service speed, as the case may be
|
320
|
|||
|
The
average speeds and bunker consumptions shall for the purposes of
this
Clause 24 be
|
321
|
|
calculated
by reference to the observed distance from pilot station to pilot
station
on all sea passages during each
|
322
|
|||
|
period
stipulated in Clause 24 (c), but excluding any time during which
the
vessel is (or but for Clause 22(b) (i)
|
323
|
|||
|
would
be) off-hire and also excluding “Adverse Weather Periods”, being (i) any
periods during which reduction
|
324
|
|||
|
of
speed is necessary for safety in congested waters or in poor visibility
(ii) any days, noon, when winds
|
325
|
|||
|
exceed
force
|
326
|
|||
|
(b) If
during any year from the date on which the vessel enters service
(anniversary to anniversary)
|
327
|
|||
|
the
vessel falls below or exceeds the performance guaranteed in Clause
24(a)
then if such shortfall or excess
|
328
|
|||
|
results
|
329
|
|||
|
(i)
from a reduction or an increase in the average speed of the vessel,
compared to the speed
|
330
|
|||
|
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
|
331
|
|||
|
case
may be, shall be deducted from or added to the hire paid:
|
332
|
|||
|
(ii)
from an increase or a decrease in the total bunkers consumed, compared
to
the total bunkers
|
333
|
|||
|
which
would have been consumed had the vessel performed as guaranteed in
Clause
24(a), an amount equivalent
|
334
|
|||
|
to
the value of the additional bunkers consumed or the bunker saved,
as the
case may be, based on the average
|
335
|
|||
|
price
paid by Charterers for the vessel’s bunkers in such period, shall be
deducted from or added to the hire paid.
|
336
|
|||
|
The
addition to or deduction from hire so calculated for laden and ballast
mileage respectively
|
337
|
|||
|
shall
be adjusted to take into account the mileage steamed in each such
condition during Adverse Weather
|
338
|
|||
|
Periods,
by dividing such addition or deduction by the number of miles over
which
the performance has been
|
339
|
|||
|
calculated
and multiplying by the same number of miles plus the miles steamed
during
the Adverse Weather
|
340
|
|||
|
Periods,
in order to establish the total addition to or deduction from hire
to be
made for such period.
|
341
|
|||
|
Reduction
of hire under the foregoing sub-Clause (b) shall be without prejudice
to
any other
|
342
|
|||
|
remedy
available to Charterers.
|
343
|
|||
|
(c)
Calculations under this Clause 24 shall be made for the year periods
terminating on each
|
344
|
|||
|
successive
anniversary of the date on which the vessel enters service, and for
the
period between the last such
|
345
|
|||
|
anniversary
and the date of termination of this charter if less than a year.
Claims in
respect of reduction of hire
|
346
|
|||
|
arising
under this Clause during the final year or part year of the charter
period
shall in the first instance be settled
|
347
|
|||
|
in
accordance with Charterers’ estimate made two months before the end of the
charter period. Any necessary
|
348
|
|||
|
adjustment
after this charter terminates shall be made by payment by Owners
to
Charterers or by Charterers to
|
349
|
|||
|
Owners
as the case may require.
|
350
|
|||
|
Payments
in respect of increase of hire arising under this Clause shall be
made
promptly after
|
351
|
|||
|
receipt
by Charterers of all the information necessary to calculate such
increase. Not
withstanding anything in this Clause 24, over the full duration of
the
Charter Party, Charterers shall not pay more than the rates provided
for
the use and hire of the vessel and will not pay for any possible
bunker
saving, even when same has not resulted from a decrease in
speed.
|
352
|
|||
|
Salvage
|
25.
subject to the provisions of Clause 21 hereof, all loss of time and
all
expenses (excluding any damage to
|
353
|
||
|
or
loss of the vessel or tortious
liabilities to third parties) incurred in, saving
or attempting to save life or in
|
354
|
|||
|
successful
or unsuccessful attempts at salvage shall be borne equally by Owners
and
Charterers provided that
|
355
|
|||
|
Charterers
shall not be liable to contribute towards any salvage payable by
Owners
arising in any way out of
|
356
|
|||
|
services
rendered under this Clause 25.
|
357
|
|||
|
all
salvage and all proceeds from derelicts shall be divided equally
between
Owners and Charterers
|
358
|
|||
|
after
deducting the master’s, officers’ and crew’s share.
|
359
|
|||
|
Lien
|
26.
Owners shall have a lien upon all cargoes and all freight, sub-freight
and
demurrage for any amounts
|
360
|
||
|
due
under this charter; and Charterers shall have a lien on the vessel
for all
monies paid in advance and not
|
361
|
|||
|
earned,
and for all claims for damages arising from any breach by Owners
of this
charter.
|
362
|
|||
|
Exceptions
|
27.
(a) The vessel, her master and Owners shall not, unless otherwise
in this
charter expressly provided,
|
363
|
||
|
be
liable for any loss or damage or delay or failure arising or resulting
from any act, neglect or default of the
|
364
|
|||
|
master,
pilots, mariners or other servants of Owners in the navigation or
management of the vessel; fire, unless
|
365
|
|||
|
caused
by the actual fault or privity of Owners; collision or stranding;
dangers
and accidents of the sea; explosion,
|
366
|
|||
|
bursting
of boilers, breakage of shafts or any latent defect in hull, equipment
or
machinery; provided, however,
|
367
|
|||
|
that
Clause 1,2,3 and 24 hereof shall be unaffected by the foregoing.
Further,
neither the vessel, her master or
|
368
|
|
Owners,
nor Charterers shall, unless otherwise in this charter expressly
provided,
be liable for any loss or damage
|
369
|
|||
|
or
delay or failure in performance hereunder arising or resulting from
act of
God, act of war, seizure under legal
|
370
|
|||
|
process,
quarantine restrictions, strikes, lock-outs, riots, restrains of
labour,
civil commotions or arrest or
|
371
|
|||
|
restraint
of princes, rulers or people.
|
372
|
|||
|
(b)
The vessel shall have liberty to sail with or without pilots, to
tow or go
to the assistance of vessels
|
373
|
|||
|
in
distress and to deviate for the purpose of saving life or
property.
|
374
|
|||
|
(c)
Clause 27(a) shall not apply to or affect any liability of Owners
or the
vessel or any other relevant
|
375
|
|||
|
person
in respect of
|
376
|
|||
|
(i)
loss or damage caused to any berth, jetty, dock, dolphin, buoy, mooring
line, pipe or crane
|
377
|
|||
|
or
other works or equipment whatsoever at or near any place to which
the
vessel may proceed under this charter,
|
378
|
|||
|
whether
or not such works or equipment belong to Charterers, or
|
379
|
|||
|
(ii)
any claim (whether brought by Charterers or any other person) arising
out
of any loss of or
|
380
|
|||
|
damage
to or in connection with cargo. All such claims shall be subject
to the
Hague-Visby Rules or the Hague
|
381
|
|||
|
Rules
or
the Hamburg Rules,
as
the case may be, which ought pursuant to Clause 38 hereof to have
been
incorporated in the relevant xxxx
|
382
|
|||
|
of
lading (whether or not such Rules were so incorporated) or, if no
such
xxxx of lading is issued, to the
|
383
|
|||
|
Hague-Visby
Rules, unless
the Hamburg Rules compulsorily apply to the claim, in which case
to the
Hamburg Rules
|
384
|
|||
|
(d)
In particular and without limitation, the foregoing subsections (a)
and
(b) of this Clause shall not
|
385
|
|||
|
apply
to or in any way affect any provision in this charter relating to
off-hire
or to reduction of hire.
|
386
|
|||
|
Injurious
|
28.
No acids, explosives or cargoes injurious to the vessel shall be
shipped
and without prejudice to the
|
387
|
||
|
Cargoes
|
foregoing
any damage to the vessel caused by the shipment of any such cargo,
and the
time taken to repair such
|
388
|
||
|
damage,
shall be for Charterers’ account. No voyage shall be undertaken, nor any
goods or cargoes loaded, that
|
389
|
|||
|
would
expose the vessel to capture or seizure by rules or
governments.
|
390
|
|||
|
Grade
of
|
29.
Charterers shall supply marine diesel oil/fuel oil with a maximum
viscosity of 380 Centistokes
at 50
|
391
|
||
|
Bunkers
|
degrees
Centigrade /
|
392
|
||
|
the
vessel to be supplied with more expensive bunkers they shall be liable
for
the extra cost thereof.
|
393
|
|||
|
Charterers
warrant that all bunkers provided by them in accordance herewith
shall be
of a quality
|
394
|
|||
|
complying
with the International Marine Bunker Supply Terms and Conditions
of Shell
International Trading
|
395
|
|||
|
Company
and with its specification for marine fuels as amended from time
to
time.
|
396
|
|||
|
Disbursements
|
30.
Should the master require advances for ordinary disbursements at
any port,
Charterers or their agents
|
397
|
||
|
shall
make such advances to him, in consideration of which Owners shall
pay a
commission of two and a half per
|
398
|
|||
|
cent,
and all such advances and commission shall be deducted from hire.
|
399
|
|||
|
Laying-up
|
31.
Charterers shall have the option, after consultation with Owners,
of
requiring Owners to lay up the
|
400
|
||
|
vessel
at a safe place
nominated by Charterers , in which case the hire provided for under
this
charter shall be
|
401
|
|||
|
adjusted
to reflect any net increases in expenditure reasonably incurred or
any net
saving which should
|
402
|
|||
|
reasonably
be made by Owners as a result of such lay-up, Charterers may exercise
the
said option any number of
|
403
|
|||
|
times
during the charter period.
|
404
|
|||
|
Requisition
|
32.
Should the vessel be requisitioned by any government, de facto or
de jure,
during the period of this
|
405
|
||
|
charter,
the vessel shall be off-hire during the period of such requisition,
and
any hire paid by such government in
|
406
|
|||
|
respect
of such requisition period shall be for Owners’ account. Any such
requisition period shall count as part of
|
407
|
|||
|
the
charter period.
|
408
|
|||
|
Outbreak
of War
|
33.
If war or hostilities
break out between any two or more of the following
countries:U.S.A.,
|
409
|
||
|
P.R.C.,
U.K.,
|
410
|
|||
|
Additional
War
|
34.
If the vessel is ordered to trade in areas where there is war (de
facto or
de jure) or threat of war,
|
411
|
||
|
Expenses
|
Charterers
shall reimburse Owners for any additional insurance premia, crew
bonuses
and other expenses which
|
412
|
||
|
are
reasonably incurred by Owners as a consequence of such orders, provided
that Charterers are given notice of
|
413
|
|||
|
such
expenses as soon as practicable, and provided further
|
414
|
|||
|
that
Owners obtain from their insurers a waiver of any subrogated rights
against Charterers in respect of any
|
415
|
|||
|
claims
by Owners under their war risk insurance arising out of compliance
with
such orders.
|
416
|
|||
|
War
Risks
|
|
417
|
||
|
|
418
|
|||
|
|
419
|
|||
|
|
420
|
|||
|
|
421
|
|
|
422
|
|||
|
|
423
|
|||
|
|
424
|
|||
|
|
425
|
|||
|
|
426
|
|||
|
|
427
|
|||
|
|
428
|
|||
|
|
429
|
|||
|
|
430
|
|||
|
|
431
|
|||
|
|
432
|
|||
|
|
433
|
|||
|
|
434
|
|||
|
|
435
|
|||
|
|
436
|
|||
|
|
437
|
|||
|
|
438
|
|||
|
|
439
|
|||
|
|
440
|
|||
|
|
441
|
|||
|
|
442
|
|||
|
|
443
|
|||
|
|
444
|
|||
|
|
445
|
|||
|
|
446
|
|||
|
Both
to Blame
|
36.
If the liability for any collision in which the vessel is involved
while
performing this charter falls to be
|
447
|
||
|
Collision
Clause
|
determined
in accordance with the laws of the United States of America, the
following
provision shall apply:
|
448
|
||
|
“If
the ship comes into collision with another ship as a result of the
negligence of the other ship and any
|
449
|
|||
|
act,
neglect or default of the master, mariner, pilot or the servants
of the
carrier in the navigation or in the
|
450
|
|||
|
management
of the ship, the Owners of the cargo carrier hereunder will indemnify
the
carrier against all loss, or
|
451
|
|||
|
liability
to the other or non-carrying ship or her Owners in so far as such
loss or
liability represents loss of, or
|
452
|
|||
|
damage
to, or any claim whatsoever of the Owners of the said cargo, paid
or
payable by the other or non-carrying
|
453
|
|||
|
ship
or her Owners to the Owners of the said cargo and set off, recouped
or
recovered by the other or non-carrying
|
454
|
|||
|
ship
or her Owners as part of their claim against the carrying ship or
carrier.”
|
455
|
|||
|
“The
forgoing provisions shall also apply where the Owners, operators
or those
in charge of any ship
|
456
|
|||
|
or
ships or objects other than, or in addition to, the colliding ships
or
objects are at fault in respect of a collision or
|
457
|
|||
|
contact.”
|
458
|
|||
|
Charterers
shall procure that all bills of lading issued under this charter
shall
contain a provision in the
|
459
|
|||
|
foregoing
terms to be applicable where the liability for any collision in which
the
vessel is involved falls to be
|
460
|
|||
|
determined
in accordance with the laws of the United States of
America.
|
461
|
|||
|
New
Xxxxx
|
37.
General average contributions shall be payable according to the
York/Antwerp Rules, 1974 as
amended 1990 and 1994 and
shall
|
462
|
||
|
Clause
|
be
adjusted in London in accordance with English law and practice but
should
adjustment be made in accordance
|
463
|
||
|
with
the law and practice of the United States of America, the following
provision shall apply:
|
464
|
|||
|
“In
the event of accident, danger, damage or disaster before or after
the
commencement of the
|
465
|
|||
|
voyage,
resulting from any cause whatsoever, whether due to negligence or
not, for
which, or for the
|
466
|
|||
|
consequence
of which, the carrier is not responsible by statute, contract or
otherwise, the cargo, shippers,
|
467
|
|||
|
consignees
or owners of the cargo shall contribute with the carrier in general
average to the payment of any
|
468
|
|
sacrifices,
losses or expenses of a general average nature that may be made or
incurred and shall pay salvage and
|
469
|
|||
|
special
charges incurred in respect of the cargo.”
|
470
|
|||
|
“If
a salving ship is owned or operated by the carrier, salvage shall
be paid
for as fully as if the said
|
471
|
|||
|
salving
ship or ships belonged to strangers. Such deposit as the carrier
or his
agents may deem sufficient to cover
|
472
|
|||
|
the
estimated contribution of the cargo and any salvage and special charges
thereon shall, if required, be made by
|
473
|
|||
|
the
cargo, shippers, consignees or owners of the cargo to the carrier
before
delivery.”
|
474
|
|||
|
Charterers
shall procure that all bills of lading issued under this charter
shall
contain a provision in the
|
475
|
|||
|
foregoing
terms, to be applicable where adjustment of general average is made
in
accordance with the laws and
|
476
|
|||
|
practice
of the United States of America.
|
477
|
|||
|
Clause
|
38.
Charterers shall
|
478
|
||
|
Paramount
|
following
clause:
|
479
|
||
|
“(1)
Subject to sub-clause (2) hereof, this xxxx of lading shall be governed
by, and have effect subject
|
480
|
|||
|
to,
the rules contained in the International Convention for the Unification
of
Certain Rules relating to Bills of
|
481
|
|||
|
Lading
signed at Brussels on 25th
August 1924 (hereafter the “Hague Rules”) as amended by the Protocol
signed
|
482
|
|||
|
at
Brussels on 23rd
February 1968 (hereafter the “Hague-Visby Rules”). Nothing contained
herein shall be
|
483
|
|||
|
deemed
to be either a surrender by the carrier of any of his rights or immunities
or any increase of any of his
|
484
|
|||
|
responsibilities
or liabilities under the “Hague-Visby Rules.”
|
485
|
|||
|
“(2)
If there is governing legislation which applies the Hague Rules
compulsorily to this xxxx of lading,
|
486
|
|||
|
to
the exclusion of the Hague-Visby Rules, then this xxxx of lading
shall
have effect subject to the Hague Rules.
|
487
|
|||
|
Nothing
herein contained shall be deemed to be either a surrender by the
carrier
of any of his rights or immunities
|
488
|
|||
|
or
an increase of any of his responsibilities or liabilities under the
Hague
Rules. If
there is governing legislation which applies the Hamburg Rules compulsory
to this Xxxx of Lading to the exclusion of the Hague Visby Rules
and the
Hague Rules, then this Xxxx of Lading shall have effect subject to
the
Hamburg 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 Hamburg
Rules.
|
489
|
|||
|
“(3)
If any term of this xxxx of lading is repugnant to the Hague-Visby
Rules,
or Hague Rules, or
Hamburg Rules if
|
490
|
|||
|
applicable,
such term shall be void to that extent but no further.”
|
491
|
|||
|
“(4)
Nothing in this xxxx of lading shall be construed as in any way
restricting, excluding or waiving the
|
492
|
|||
|
right
of any relevant party or person to limit his liability under any
available
legislation and/or law."
|
493
|
|||
|
TOXXXXX
|
00.
Owners warrant that the vessel is:
|
494
|
||
|
(i)
a tanker in
|
495
|
|||
|
(ii)
properly entered in Swedish
club P
& I Club
|
496
|
|||
|
and
will so remain during the currency of this charter.
|
497
|
|||
|
|
498
|
|||
|
|
499
|
|||
|
|
500
|
|||
|
|
501
|
|||
|
|
502
|
|||
|
|
503
|
|||
|
|
504
|
|||
|
|
505
|
|||
|
|
506
|
|||
|
|
507
|
|||
|
|
508
|
|||
|
|
509
|
|||
|
|
510
|
|||
|
|
511
|
|||
|
|
512
|
|||
|
|
513
|
|||
|
|
514
|
|||
|
|
515
|
|||
|
|
516
|
|
|
517
|
|||
|
|
518
|
|||
|
|
519
|
|||
|
|
520
|
|||
|
|
521
|
|||
|
|
522
|
|||
|
|
523
|
|||
|
|
524
|
|||
|
|
525
|
|||
|
|
526
|
|||
|
|
527
|
|||
|
Export
|
40.
The master shall not be required or bound to sign bills of lading
for the
carriage of cargo to any place to
|
528
|
||
|
Restrictions
|
which
export of such cargo is prohibited under the laws, rules or regulations
of
the country in which the cargo was
|
529
|
||
|
produced
and/or shipped.
|
530
|
|||
|
Charterers
shall
|
531
|
|||
|
clause:
|
532
|
|||
|
“If
any laws rules or regulations applied by the government of the country
in
which the cargo was
|
533
|
|||
|
produced
and/or shipped, or any relevant agency thereof, impose a prohibition
on
export of the cargo
|
534
|
|||
|
to
the place of discharge designated in or ordered under this xxxx of
lading,
carriers shall be entitled to
|
535
|
|||
|
require
cargo owners forthwith to nominate an alternative discharge place
for the
discharge of the
|
536
|
|||
|
cargo,
or such part of it as may be affected, which alternative place shall
not
be subject to the
|
537
|
|||
|
prohibition,
and carriers shall be entitled to accept orders from cargo owners
to
proceed to and
|
538
|
|||
|
discharge
at such alternative place. If cargo owners fail to nominate an alternative
place within 72
|
539
|
|||
|
hours
after they or their agents have received from carriers notice of
such
prohibition, carriers shall be
|
540
|
|||
|
at
liberty to discharge the cargo or such part of it as may be affected
by
the prohibition at any safe place
|
541
|
|||
|
on
which they or the master may in their or his absolute discretion
decide
and which is not subject to the
|
542
|
|||
|
prohibition,
and such discharge shall constitute due performance of the contract
contained in this xxxx
|
543
|
|||
|
of
lading so far as the cargo so discharged is concerned”.
|
544
|
|||
|
The
foregoing provision shall apply mutatis mutandis to this charter,
the
references to a xxxx of lading
|
545
|
|||
|
being
deemed to be references to this charter
|
546
|
|||
|
Law
and
|
41.
(a) This charter shall be construed and the relations between the
parties
determined in accordance
|
547
|
||
|
Litigation
|
with
the laws of England.
|
548
|
||
|
(b)
Any dispute arising under this charter shall be decided by the English
Courts to whose
|
549
|
|||
|
jurisdiction
the parties hereby agree.
|
550
|
|||
|
(c)
Notwithstanding the foregoing, but without prejudice to any party’s right
to arrest or maintain
|
551
|
|||
|
the
arrest of any maritime property, either party may, by giving written
notice of election to the other party, elect
|
552
|
|||
|
to
have any such dispute referred to the arbitration of a single arbitrator
in London in accordance with the
|
553
|
|||
|
provisions
of the Arbitration Acx 0000, or any statutory modification or re-enactment
thereof the time being
|
554
|
|||
|
In
force.
|
555
|
|||
|
(i)
A party shall lose its right to make such an election only
if:
|
556
|
|||
|
(a)
it receives from the other party a written notice of dispute which
-
|
557
|
|||
|
(1)
states expressly that a dispute has arisen out of this
charter:
|
558
|
|||
|
(2)
specifies the natures of the dispute: and
|
559
|
|||
|
(3)
refers expressly to this clause 41(c)
|
560
|
|||
|
and
|
561
|
|||
|
(b)
it fails to give notice of election to have the dispute referred
to
arbitration not later than
|
562
|
|||
|
30
days from the date of receipt of such notice of dispute.
|
563
|
|||
|
(ii)
The parties herby agree that either party may -
|
564
|
|||
|
(a)
appeal to the High Court on any question of law arising out of an
award:
|
565
|
|||
|
(b)
apply to the High Court for an order that the arbitrator state the
reasons
for his award:
|
566
|
|||
|
(c)
give notice to the arbitrator that a reasoned award is required:
and
|
567
|
|||
|
(d)
apply to the High Court to determine any question of law arising
in the
course of the
|
568
|
|||
|
reference.
|
569
|
|||
|
(d)
It shall be condition precedent to the right of any party ot a stay
of any
legal proceedings in
|
570
|
|||
|
which
maritime property has been, or may be, arrested in connection with
a
dispute under this charter, that that
|
571
|
|||
|
party
furnishes to the other party security to which that other party would
have
been entitled in such legal
|
572
|
|||
|
proceedings
in the absence of a stay.
|
573
|
|||
|
Construction
|
42.
The side headings have included in this charter for convenience of
reference and shall in no way
|
574
|
||
|
affect
the construction hereof. Clause
43 to clause 79
are deemed to form part of this Charter Party and are entirely
incorporated into this Charter Party.
|
575
|
|
Charterers
|
Owners | ||
| /s/ Xxxxx Xxx | /s/ Capt. C.A.J. Vanderperre | ||
|
Printed
Name: Xxxxx Xxx
|
Printed Name: Capt. C.A.J. Vanderperre |
||
|
Title:
Deputy General Manager
|
Title: Director |
|
This
is a precise copy of the original document which can be modified,
amended
or added to only by the striking out of
|
||||
|
original
characters, or the insertion of new characters, such characters being
clearly highlighted by underlining or use of
|
||||
|
colour
or use of a larger font and marked as having been made by the licensee
or
end user as appropriate and not by the
|
||||
|
author.
|
MT
SHINYO SPLENDOR
TIME
CHARTER PARTY DATED MARCH 28TH,2007
The
following Clause
43
to clause 78 are entirely incorporated into this Charter Party:
43.
Clean Ballast
Owner
warrants that the Vessel will comply with all international and national
conventions, regulations, voluntary guidelines and laws that may from time
to
time be issued by the relevant and/or appropriate authority concerning the
control of ballast water discharge from ships. Under no circumstances can the
Vessel discharge dirty ballast or ballast deemed by the Owner to be clean
ballast, but carried in tanks which previously carried cargo, in or near any
coastal waters and at open sea only through the Oil Discharge Monitor.
44.
Ownership/Flag
Owners
undertake that the vessel will not change the flag, management or
classification, or be sold during the term of this Charter without the
Charterer’s prior written consent, which is not to be unreasonably witheld.
Owners are to be responsible for maintaining major acceptance/vettings etc.
after any of these changes, although Charterer shall endeavor to ensure that
the
vessel is suitably employed, any time-loss due to missing vettings etc to be
for
Owners account.
45.
House Flag/Charterers Markings/Name
Charterers
have the right of changing the vessel’s name, flying their house flat, to paint
funnel in their house colors and to paint their marks on ship’s sides during the
duration of this Charter Party. On or prior to vessels redelivery Charterers
shall remove their marks on ships side and funnel and change the vessel’s name
back to original in accordance with Owners’ request. Costs and time of
painting/re-painting as well as change of vessels documentation to be for
Charterers’ account.
Charterers
agree to name the vessel as Shinyo prefix, such name to be advised as soon
as
possible to be added after Shinyo.
46.
Certificate of Compliance - C.O.C.
Time
used
to obtain U.S.C.G. clearance and C.O.C. (Certificate of Compliance) (except
time
spent concurrent with cargo operations) are for owner’s account and shall count
as off-hire.
47.
Agency
All
Owners matters to be settled directly and Charterers not to be involved.
48.
Minimum Speed (slow speed & speed up)
Owner
agrees to allow Charterer to issue orders to slow down from min/max speeds
agreed in the speed/consumptions warranties. In case Charterers order vessel
to
proceed at speeds different from the speed/consumptions warranties given in
Clause 24 warranty is not to apply.
1
49.
Inert Gas System
Owner
warrants that the Vessel is equipped with an Inert Gas System (“IGS”), which is
fully functional, efficient, certified and in good working order, which is
in
use on the date of delivery of the Vessel hereof and shall so remain during
the
duration of this Charter Party. Owner also warrants that the Master, Officers
and crew are competent to operate the said system.
50.
Tracking systems
Charterers
have the option to enroll the vessel with various tracking systems at their
cost.
51.
Ship-to-Ship Transfer/Lightering
Owner
warrants that the vessel is capable of safely carrying out all procedures as
set
out in the latest revised edition of the ‘International Chamber of Shipping’ and
‘Oil Companies International Marine Forum Ship-To-Ship Transfer Guide
(Petroleum).’
Charterer
shall have the right to load or discharge the vessel via Ship-to-Ship
lighterage. Lightering and Ship-to-Ship transfer operations shall be performed
in accordance with, and meet or exceed, the standards in the latest OCIMF
guidelines for Ship-to-Ship transfers. Charterers shall provide at their expense
necessary equipment and facilities including fenders, hoses, mooring masters,
etc. for safe operations to Owners/Masters satisfaction which shall not be
unreasonably withheld. Charterers shall also provide representative (mooring
master and/or cargo co-coordinator) to board the vessel to give technical
assistance to perform Ship-to-Ship transfer for Charterers account. Ship-to-Ship
transfer operations should be performed only in ports or areas where vessel
can
continuously be safely afloat and permitted by relevant port authorities, and
if
in the US Gulf approved by U.S. Coast Guard/Port authorities to perform
Ship-to-Ship Transfer. Operations shall be made under control and supervision
of
the Master. Charterers shall notify Owners in advance when/where/how such
operations will be conducted and other information for the prior approval of
vessel’s underwriters. Additional insurance premium in connection with such
operations, if any, shall be for Charterers account.
52.
Eligibility
Owner
warrants that;
(i)
The
Vessel is in all respects eligible under applicable laws and regulations for
trading to the areas specified in Clause 4 and that at all necessary times
she
shall have on board all certificates (including International Tonnage
Certificate 1969) required for such service.
(ii)
Safety Management System (“SMS”) in accordance with the ISM Code will be in
operation throughout the term of this Charter. It is a condition of this Charter
that the Owner’s or “the company” (as defined by the ISM Code) shall have a
valid Document Of Compliance (“DOC”) and the Vessel shall have a valid Safety
Management Certificate (“SMC”).
(iii)
Throughout the period of this Charter the Vessel shall comply with the
requirements of SOLAS (IMO protocol of 1978 relating to the International
Convention for the Safety of Life at Sea, 1974) and MARPOL (IMO Protocol of
1978
relating to the International Convention for the Prevention of Pollution from
Ships 1983) and subsequent updates. Owner further warrants that with particular
reference to these protocols, and any further amendments or successors to these
protocols, the Vessel shall have on board all necessary certification of
compliance to enable the Vessel to trade at any place within the agreed trading
range of this Charter without any restriction.
2
(iv)
In
accordance with 19 CFR SS 4.7A and 178.2, as amended, Owners standard carrier
ALPHA (“SCAC”) which will prefix a Xxxx of Lading serial number and form a
“unique identifier” will be entered on all Bills of Lading, Cargo manifests,
Cargo declarations and other cargo documents relating to carriage of goods
to
the Unites States as may be provided for hereunder where Owners are to provide
and use their own SCAC code and bond.
(v)
During the term of this Charter the Vessel will comply, and if not in compliance
will hold necessary waivers, with all applicable United States Coast Guard
(“USCG”) Regulations in effect including, but not limited to, pollution and
safety regulations of the Code of Federal Regulations, as amended, and all
other
applicable state pollution and safety laws, rules and regulations as may be
promulgated and subsequent amendment thereto.
53.
Delivery and Redelivery on/off-hire Survey
Cost
and
time of On-hire and Off-hire surveys shall be split 50/50 between Charterers
and
Owners.
54.
Delivery and Redelivery notices
Owners
to
give to Charterers 60/30/20/15/12/10 days approximate notice of date of delivery
and 5/4/3/2/1 days definite notice of delivery.
Charterers
to give to Owners 60/30/20/15/12/10 days approximate notice of date of
redelivery and 5/4/3/2/1 days definite notice of redelivery.
55.
Assignment and Sublet
Notwithstanding
any other provisions of the Charter, Charterer may assign all of its rights
and
obligations under the Charter Party to any of Charterers associated or
affiliated companies. Charterers shall also have the right to sublet the vessel.
In the event of an assignment or sublet, Charterer shall always remain
responsible for the fulfillment of the Charter in all its terms and conditions.
56.
Hull and Machinery Insurance
Owner
warrants that it has in force and effect by the date of Vessel’s delivery under
this Charter, hull and machinery and ancillary risks insurance placed through
reputable brokers on institute clauses or equivalent for the value of about
USD
80 (Eighty) million
as shall from time to time be amended by the Owner. Owner furthermore warrants
that such insurance shall be maintained for the duration of this Charter.
3
57.
Oil Major Acceptance
Owners
advise that to the best of their knowledge the vessel is acceptable to 4 Oil
Companies at the time of fixing. Owners shall warrant to maintain minimum 4
Oil
Company approvals less than 2 years old at the date of delivery. Owners to
warrant that vessel maintains minimum 4 approvals and has minimum 1 SIRE report
filed that is less than 5
months
old during the currency of this Charter Party. In the event that the Charterers
trading pattern for the vessel requires the Owners to obtain any specific oil
company approval Owners shall endeavor to obtain said approvals without
delay.
Any
additional time, incurred by or associated with oil company inspections and
remedial measures of any defect as alleged by oil companies shall be for Owners
account including expenses and costs incurred by or associated with
above.
Furthermore,
Owners are aware of the increasing requirements imposed from various oil majors
in order to obtain single voyage approvals such as but not limited to acceptance
of technical managers, crew matrix's and technical upgrades on the vessel and
warrant that the vessel, crew and employed managers will be in compliance with
such requirements to enable free worldwide trade subject to trading
exclusion. Owners to make best endeavor to monitor the performance of ship
manager and make them to provide quality service as per prevailing industry
standard, meanwhile to assist Charterer in every respect they can.
58.
Pumping
Owner
warrants that throughout the charter period, the vessel shall discharge entire
homogeneous cargo within 24 hours or pro-rata if a part cargo is loaded,
including time for stripping, but excluding time for COW (8 hour additional
allowance for all tanks or pro rate if not all tanks), or maintain 100 psi
(except during stripping and COW) at ship’s rail provided shore facilities can
permit same. Should vessel fail to maintain the warranted rate of discharge
throughout as aforesaid, Charterers shall deduct the excess of discharge time,
plus excess bunkers consumed, from the hire.
Should
it
become necessary to withdraw the vessel from berth because of her failure to
maintain the discharge rate, all time and expenses incurred are to be for
Owner’s account until vessel re-berth and is securely moored and her gangway, if
to be used, is in place.
59.
Oil Pollution Insurance / OPA 90 / COFR
Owner
warrants that throughout the term of this Charter the Vessel shall be entered
for standard oil pollution liability cover with a Protection & Indemnity
Club (“P&I Club”) belonging to the International Group of P & I Clubs in
compliance with this Clause. Owner shall promptly furnish evidence of the
Vessel’s entry into a P&I Club and the limits of oil pollution liability
cover afforded thereby
upon Charterers written request. Owner warrants that they have, and will
maintain throughout the period of this charter, Oil Pollution Insurance Cover
of
maximum cover available (currently US$ 1,000 Million) as and when it becomes
available from their P&I Club, or through underwriters acceptable to the
Owner, providing first class security. The fixed annual costs of entering and
maintaining compliance with the requirements of the US Oil Pollution Act of
1990
(“OPA90”) for the entire term of this Charter are the responsibility of the
Owner. All voyage and port call specific variable costs relating to these
certificates are the responsibility of the Charterer and shall be for their
account and shall be paid by the Charterers with next hire payment upon
presentation of Owner’s invoice including supporting documentation in a form
reasonably satisfactory to the Charterers.
4
Owner
warrants that throughout the term of this Charter they will provide the Vessel
with all necessary certificates including, but not limited to Certificate issued
pursuant to the Civil Liability Convention 1992 (“CLC”), as and when in force
and a Certificate of Financial Responsibility (“COFR”) issued pursuant to
section 1016 (a) of the Environmental Response, Compensation and Liability
Xxx
0000, as amended in accordance with Part 138 of Coasts Guard Regulations 33
CFR,
so long as these can be obtained by the Owner from the United States Coast
Guard. The costs of same to be for Owners account but voyage related costs
to be
for Charterers account.
60.
U.S.C.G. Notification
The
Vessel shall comply with all U.S. Coast Guard requirements with regard to
advance arrival notification including, but not limited to, disclosure of
Charterer’s name. U.S. Coast Guard may board the Vessel if the Charterer is
deemed to be within a “high risk” category. Any and all delays to the Vessel due
to such boarding or inspection shall count as time on-hire and all expenses
incurred due to such inspection to be for Charterer’s account and to be settled
by them directly or settled immediately upon receipt of Owner’s invoice with
supporting documents if such expenses are invoiced to the Owner.
61.
War Risks
a
Contraband
No
contraband of war shall be shipped, but petroleum and/or it products shall
not
be deemed contraband of war for the purposes of Clause 61.
b
War
Zones
The
Vessel shall not, however, be required, without the consent of Owner, which
shall not be unreasonably withheld, to enter any port, place, or zone that
is
involved in a state of war, warlike operations, or hostilities, civil war,
civil
strife, rebellion, or piracy, whether there be a declaration of war or not,
where it might reasonably be expected to be subject to capture, seizure or
arrest, or to a hostile act by a belligerent power (the term "power" meaning
any
de jure or de facto authority or any other purported governmental organization
maintaining naval, military or air forces).
5
War
Risk
Insurance
For
purposes of Clause 61, it shall be unreasonable for Owner to withhold consent
to
any voyage, route, or port or place of loading or discharge if insurance against
all risks defined in Clause 61b is then available commercially or under a
government program in respect to such voyage, route, or port or place of loading
or discharge. If such consent is given by Owner, Charterer shall pay any
provable additional cost of insuring the Vessel against hull war risks in an
amount equal to the insured value under its ordinary hull policy but not
exceeding U.S. dollars 80 Million. In addition, Owner may purchase war risk
insurance on ancillary risks such as loss of hire, freight disbursements, total
loss, etc., if it carries such insurance for ordinary marine hazards. Subject
to
the just-mentioned total insurance limitation of U.S. dollars 80 Million, the
provable additional costs of such ancillary insurances shall be for Charterer's
account. If such insurance is not obtainable commercially or through a
government program, the Vessel shall not be required to enter or remain at
any
such port, place, or zone. Owner shall obtain from insurers a waiver of any
subrogated rights against Charterer and its associated and affiliated companies
and their agents, directors, officers and employees in respect of any claims
under the war risks insurance arising out of Owner's compliance with Charterer's
orders.
d
Additional Costs
In
the
event of the existence of the conditions described in Clause 61b subsequent
to
the date of the Charter, or while Vessel is on hire under the Charter, Charterer
shall, in respect of voyages to any such port, place or zone, assume any
provable additional cost of wages and crew war bonus and insurance properly
incurred in connection with Master, officers and crew as a consequence of such
war, warlike operations or hostilities.
e
Hostile
Areas
Owner
shall have the option of adjusting the timing, speed, and routing of the inward
and outward passage through areas of hostility depending on the prevailing
pattern of hostilities. Owner shall keep Charterer advised of its plans to
transit areas of hostilities including any changes while in transit. The voyage
instruction procedures for the Vessel to transit a hostile area(s) shall be
as
follows:
Charterer
issues voyage instructions directly to the Vessel, with a copy to Owner.
Charterer's voyage instructions should include:
1)
specific ports to load/discharge and sequence of port calls
2)
required load/discharge dates
3)
cargo
grades and quantities
4)
bunkering details
5)
cargo
measurement and documentation requirements, etc.
6
Charterer's
voyage instructions to include advice to the Master that the specific sailing
instructions for the passage in and out and through the area of hostilities
will
be issued by Owner.
Owner,
upon receipt of Charterer's voyage instructions, shall determine the level
and
nature of risk in the hostile area(s) and issue specific cautionary sailing
instructions directly to the Vessel with copy to Charterer's office on an urgent
basis.
Owner's
specific cautionary sailing instructions shall include passage timing,
recommended routing, speed in and out and through the area(s) of hostilities,
and other specific cautionary instructions. It is agreed that speed warranty
is
waived but consumption warranty at Owner's/Vessel's chosen speed to still apply.
62.
Re-measurement
Charterer
has the right to request Owner to re-measure the Vessel up or down as the case
may be and as permitted by the Classification Society for the purpose of
satisfying certain port and/or terminal regulations. Such request, if any,
shall
be made in writing sufficiently in advance, but if any delay is occurred to
Vessel’s schedule due to late issuance of such dwt documentation, such delay
shall always be for Charterer’s account and all costs incurred to issue such
certification shall be for the Charterer’s account.
63.
Civil Liability Convention
Owner
warrants that the Vessel will have on board at the time of delivery under this
Charter and thereafter during the entire term of this Charter a valid
certificate as required by Article 7 of the International Convention of Civil
Liability for Oil Pollution Damage of 1969 as amended 1976 and 1992 (“CLC”).
64.
International Transport Worker’s Federation
The
terms
of employment of the Vessel’s officers and crew will always remain acceptable to
The International Transport Worker’s Federation.
65.
Drugs and Alcohol Policy
Owner
warrants that it has a policy on drug and alcohol abuse (“Policy”) applicable to
the Vessel, which meets or exceeds the standards in the Oil Companies
International Marine Forum (“O.C.I.M.F.”) guidelines for the control of drugs
and alcohol. Under the Policy, alcohol impairment shall be defined as a blood
content of 40 mg/100 ml or greater; the appropriate seafarers to be tested
shall
be all officers of the Vessel and the drug and alcohol testing and screening
shall include unannounced testing in addition to routine medical examinations.
An objective of the policy shall be that the frequency if the unannounced
testing be adequate to act as an effective abuse deterrent, and that all
officers be tested at least once a year through a combined program of
unannounced testing and routine medical examinations.
66.
Bills of Lading
a.
Signatures
The
Master as directed by Charterer or its agents, always within applicable laws
and
conventions, shall sign Bills of Lading. However, at Charterer’s option,
Charterer or its agents may sign Bills of Lading on behalf of the Master in
which case Charterer shall provide the Vessel or Owner with copies of the Bills
of Lading. All Bills of lading shall be without prejudice to the Charter, and
Charterer shall indemnify Owner against all consequences and liabilities which
may arise from any inconsistency between the Charter and any Bills of Lading
or
from any documents signed by Charterer or its agents, and from any documents
signed or action taken by the Master at their request, and which may arise
from
an irregularity in papers supplied by Charterer or its agents.
7
b.
Carriage of Cargo
Notwithstanding
anything in the Charter to the contrary, the carriage of cargo under the Charter
and under all Bills of lading issued for the cargo shall be subject to the
statutory provisions and other terms set forth or specified in this Clause
in
its entirety and such terms shall be incorporated verbatim, or be deemed
incorporated by reference, in any such Xxxx of Lading. In such Clauses and
in
any Act referred to therein, the word “Carrier” shall include Owner and any
chartered owner of the Vessel.
c.
Limitation of Liability
Any
provision of the Charter to the contrary notwithstanding, the Carrier shall
have
the benefits of all limitations of, and exemptions from, liability accorded
to
the owner or chartered owner of vessels by any statute or rule of law for the
time being in effect.
d.
Deviation
Subject
otherwise to the terms of this Charter, the Vessel shall have the liberty to
sail with or without pilots, to tow or be towed, to go to the assistance of
vessels in distress, to deviate for the purpose of saving life or property
or of
landing any ill or injured person on board, the cost of which shall be shared
fifty/fifty (50/50) between Owner and Charterer.
e.
Xxxx
of Lading Indemnity
If
Charterer requests Owner in writing to deliver a quantity of cargo at a
discharge port or place either:
(i)
Without prior presentation to the Vessel at the discharge port or place of
one
(1) of the original Bills of lading issued for the cargo, duly endorsed, and/or;
(ii)
At a
discharge port or place other than that specifically named in said Bills of
Lading, Owner shall deliver the cargo in accordance with Charterer’s request.
The indemnity set out in this clause sub paragraph f. below shall automatically
be deemed to be given by Charterer in favor of Owner, Vessel, any chartered
owner(s) of Vessel, Master, Vessel operators, agents and underwriters on each
occasion that Owner delivers the cargo pursuant to the Delivery Request.
8
f.
Form
of Indemnity
Throughout
the currency of this charter, Charterers are entitled to:
1.
instruct the Master to deliver the cargo on board without production of Original
Bills of Lading, or
2.
to
proceed to and discharge cargo at safe port or place other than that named
in
the Xxxx of Lading, or
3.
to
proceed to a port or place and discharge a different quantity of cargo than
that
stated in the Xxxx of Lading.
In
consideration for which, an original Letter of Indemnity shall be deemed to
have
been given and to be in full force and effect on each and every occasion when
discharge as aforesaid takes place. For sake of clarification, the deemed to
be
given Letter of Indemnity will have the same effect as if a hard copy Letter
of
Indemnity has been duly issued and signed by Charterers and delivered to owners
on each and every occasion the master is instructed to discharge in the
circumstances identified in 1-3 above or a combination of the circumstances
identified in 1-3 above.
Owners’
current LOI wordings below, which can be changed as and when determined by
Owners’ P+I Club.
A
STANDARD
FORM LETTER OF INDEMNITY TO BE GIVEN IN RETURN FOR DELIVERING CARGO WITHOUT
PRODUCTION OF THE ORIGINAL XXXX OF LADING
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 xxxx of lading]
Cargo:
[insert description of cargo]
Xxxx
of
lading: [insert identification numbers, date and place of issue]
The
above
cargo was shipped on the above ship by [insert name of shipper] and consigned
to
[insert name of consignee or party to whose order the xxxx of lading is made
out, as appropriate] for delivery at the port of [insert name of discharge
port
stated in the xxxx of lading] but the xxxx of lading has not arrived and we,
[insert name of party requesting delivery], hereby request you to deliver the
said cargo to [insert name of party to whom delivery is to be made] at [insert
place where delivery is to be made] without production of the original xxxx
of
lading.
9
MT
SHINYO SPLENDOR
TIME
CHARTER PARTY DATED MARCH 28TH,2007
In
consideration of your complying with our above request, we hereby agree as
follows:
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.
Yours
faithfully
For
and
on behalf of
[insert
name of Requestor]
The
Requestor
10
MT
SHINYO SPLENDOR
TIME
CHARTER PARTY DATED MARCH 28TH,2007
B
STANDARD
FORM LETTER OF INDEMNITY TO BE GIVEN IN RETURN FOR DELIVERING CARGO AT A PORT
OTHER THAN THAT STATED IN THE XXXX OF LADING
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 xxxx of lading]
Cargo:
[insert description of cargo]
Xxxx
of
lading: [insert identification number, date and place of issue]
The
above
cargo was shipped on the above ship by [insert name of shipper] and consigned
to
[insert name of consignee or party to whose order the xxxx of lading is made
out, as appropriate] for delivery at the port of [insert name of discharge
port
stated in the xxxx of lading] but we, [insert name of party requesting
substituted delivery], hereby request you to order the ship to proceed to and
deliver the said cargo at [insert name of substitute port or place of delivery]
against production of at least one original xxxx of lading.
In
consideration of your complying with our above request, we hereby agree as
follows:
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 xxxx 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.
11
MT
SHINYO SPLENDOR
TIME
CHARTER PARTY DATED MARCH 28TH,2007
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.
Yours
faithfully
For
and
on behalf of
[insert
name of Requestor]
The
Requestor
Signature
STANDARD
FORM LETTER OF INDEMNITY TO BE GIVEN IN RETURN FOR DELIVERING CARGO AT A PORT
OTHER THAN THAT STATED IN THE XXXX OF LADING AND WITHOUT PRODUCTION OF THE
ORIGINAL XXXX OF LADING
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 xxxx of lading]
Cargo:
[insert description of cargo]
Xxxx
of
lading: [insert identification number, date and place of issue]
The
above
cargo was shipped on the above vessel by [insert name of shipper] and consigned
to [insert name of consignee or party to whose order the bills of lading are
made out, as appropriate] for delivery at the port of [insert name of discharge
port stated in the bills of lading] but we, [insert name of party requesting
substituted delivery], hereby request you to order the vessel to proceed to
and
deliver the said cargo at [insert name of substitute port or place of delivery]
to [insert name of party to whom delivery is to be made] without production
of
the original xxxx of lading.
12
MT
SHINYO SPLENDOR
TIME
CHARTER PARTY DATED MARCH 28TH,2007
In
consideration of your complying with our above request, we hereby agree as
follows:
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.
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.
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.
Yours
faithfully
For
and
on behalf of
[insert
name of Requestor]
The
Requestor
Signature
13
67.
Air pollution
Owners
will, within vessels technical specification, comply with all applicable laws,
regulations and ordinances of any national, state, regional or local government
having jurisdiction regarding air pollution.
68.
Crude-Oil-Washing System
Owner
warrants that the Vessel is equipped with a certified Crude Oil Washing system
(“COW”), which is fully functional, efficient and in good working order. The
said system shall be in use on the date of delivery of the Vessel and shall
remain so during the duration of this Charter Party.
69.
Boycott
In
the
event of the vessel being subject to boycott, being delayed or rendered
inoperative by strikes, labor stoppages, or any other difficulties arising
from
vessel’s flag, ownership, crew or terms of employment of crew, or of chartered
vessel or any other vessel under the same ownership, operation or control,
such
time lost is to be considered as off-hire and all expenses incurred thereby,
including fuel consumed during such periods, to be for Owner’s account.
70.
Drawings and Certificates
The
Owner
shall send photo copies of the following plans and certificates to the Charterer
by courier before delivery or soonest possible after delivery of the Vessel
under this Charter:
Capacity
Plan, General Arrangement Plan, Mooring Plan, Cargo and Ballast Piping
Arrangement, as well as SMC, DOC, Suez Canal Certificate, ISPS Certificate
71.
Blending
Charterer
has the option to blend the cargo on board the Vessel, provided always that
such
blending is;
(i)
Within the technical capability of the Vessel;
(ii)
Harmless to the Vessel, her crew, its cargo tanks, cargo pumps and other cargo
handling systems;
(iii)
Provided that the Master considers it safe to do so and;
(iv)
Provided that on each occasion the Charterer provide the Owner with a Letter
of
Indemnity with a wording acceptable to Owner in which they indemnify the Owner,
Vessel and Master against any liability for
i.
Any
claims from any party and
ii.
For
cargo re-documentation that may arise as a result of this on board blending,
including claims from a third party.
For
the
avoidance of doubt, this indemnity is considered invoked by the Charterer
whenever a blending operation is carried out.
14
MT
SHINYO SPLENDOR
TIME
CHARTER PARTY DATED MARCH 28TH,2007
72.
New Regulations
In
the
event that there are any New Regulations adopted by any Port Authority or
recognized local body after the commencement of this Charter and for the
currency of this Charter, which increase the liability or expense of the Vessel
and/or require Owners to implement new measures or be responsible for new items,
taxes, certificates, adjustment to either vessel or management, the costs of
complying with the same to be for Charterers account including and not limited
to any time lost to the Vessel as a result of the same unless Charterers agree
to exclude such port/country or places affected by the New Regulations from
the
trading areas.
73.
Addition to Trading Limits
Should
Charterers wish to send the vessel to a country or a place outside the trading
limits or if during the course of this charter, political events in any country
make it generally acceptable to the tanker industry for said country to be
added
to the trading exclusion, or alternatively, if the tanker industry generally
accepts that it is no longer necessary for said country to be included in the
trading exclusions, then, both parties undertake to act reasonably in all
circumstances, in a spirit of good cooperation, to discuss and reach a
conclusion on the exclusion or inclusion of said country or a place within
the
trading limits of this charter party.
74.
Storage & underwater cleaning
The
Charterer has the option to employ the Vessel as a storage tanker for up to
a
maximum of 180 days during the term of this Charter. During such time(s) as
the
vessel is employed as a storage tanker, the Master will co-operate to keep
Vessel’s consumption to a minimum, always subject to Master’s discretion keeping
in mind safety of the Vessel and the cargo.
If
the
vessel is employed as a storage tanker, or remain idle for a period of 30 days
or more, the underwater parts becomes fouled by marine growth due to such
extended stay(s) and therefore the Owners will arrange for underwater cleaning
including polishing of the propeller at Charterers time and cost, the cost
of
which Charterers shall pay together with the next due hire payment, and all
time
used shall count as time on-hire.
Furthermore,
if the vessel is employed as a storage tanker or remain idle for a period of
30
days or more, the speed/consumption warranties as per Clause 43 herein are
automatically invalidated until such time as the Owners are able to carry out
a
complete underwater hull cleaning, including propeller polishing, as described
above.
75.
Cast Iron
The
Owner
warrants that all riser valves and fitting, outboard of the last fixed rigid
support to the ship’s deck that are used in the transfer of cargo or ballast,
will be made of steel or nodular iron and that only steel reducer or spacer
will
be used between the ship’s valve and the loading arm. The fixed rigid support
must be designed to prevent both lateral and vertical movement of the transfer
manifold.
15
MT
SHINYO SPLENDOR
TIME
CHARTER PARTY DATED MARCH 28TH,2007
76.
In Transit Loss Clause
Owner’s
to be responsible for any cargo in-transit loss exceeding 0.5% as determined
by
surveyor’s figures. Such losses to be deducted from hire subject to owner’s
approval which should not be unreasonably withheld once supporting documentation
is submitted by charterers at an amount equal to the FOB load port value of
such
cargo plus freight and insurance due with respect thereto.
77.
Law & Arbitration
This
agreement shall be governed by and construed in accordance with English law.
Any
dispute arising out of or in connection with this agreement shall be referred
to
arbitration in London under the latest version of the London Maritime
Arbitrators’ Association (“L.M.A.A.“) Terms then in force, before a sole
arbitrator who shall be an L.M.A.A. full member appointed either; by agreement
between the parties, or failing agreement within thirty’ (30) days after one
party serves on the other notice referring the matter to arbitration and
proposing one or more candidates for arbitrator, appointed on the application
of
either party by the President for the time being of the L.M.A.A. (“Arbitration
Provisions”).
The
language of the arbitration shall be English. The arbitration award shall be
final and binding on the parties and may be enforced by any court having
jurisdiction.
78.
Crew Operational Knowledge and English Speaking Clause
Owner
guarantees that there will be on board, at all times, sufficient personnel
with
a good working knowledge of the English language to enable cargo operations
at
loading or discharging places to be carried out efficiently.
79.
Commission Clause
2.5
pct
addcom deductible at source and 1.25 pct broker commission to Seagos payable
by
Owners.
16
 |
SINOCHEM INTERNATIONAL OIL CO.
15/F,Sinochem
Tower, No.
A2
Xxxxxxxxxxxx
Xxxxxx, Xxxxxxx 000000, Xxxxx
Tel:
8610-8807 9560 Fax:
8610-8807
9441 Telex: 222744 CHEMI CN
|
||
Letter
of
Acknowledgement
We
hereby
confirm and acknowledge that our wholly owned subsidiary, Sinochem
International Oil (London) Co., Ltd, has chartered
the vessel "Shinyo Xxxxxx" from Shinyo Loyalty Limited for
a
period of seven years at $39,500/day with charterers
option
for a
further
three years
at
$39,000/day as per the attached charterparty
dated
28th
March
2007."
Yours
faithfully
President
For
and
on behalf of
Sinochem
International
Oil Co.,
