FORM OF
EXHIBIT
10.5
ORIGINAL
|
||
FORM
OF
Code
word for this Charter Party
"SHELLTIME
4"
Issued
December 1984
LONDON,
31.10.2006
IT IS
THIS DAY AGREED between
Of Xxxxxxxx
Islands
(hereinafter referred to as "Owners"), being owners of the
good
motor tanker vessel
called
(hereinafter
referred to as "the vessel") described as per Additional Clauses Number 1,
hereof and
of
(hereinafter referred to as "Charterers"):
Description
and
Condition
of
Vessel
|
1. At the
date of delivery of the vessel under this charter
(a)
she shall be classed: (See additional clause
1)
(b)
she shall be in every way fit to carry crude petroleum and/or its clean and dirty
products; always
in accordance with vessel's class certificates, coating manufacturers
resistance list and the vessel's trim, stability and stress requirements,
maximum
3 grades (within
the vessel's natural segregations), but always excluding asphalt ,
bitumens, casinghead — LWSR permitted only if compatible with coating
manufacturers resistance list. Charterers not to re-dellver the vessel
with last cargo orimulsion, CBFS or LSWR.
|
(c) she
shall be tight, staunch, strong, in good order and condition, and in every
way fit for the service with her machinery, boilers, hull and other
equipment including but not limited the hull stress calculator and radar)
in a good and efficient state:
(d) her
tanks, valves and pipelines should be oil-tight;
(e) she
shall be in every way fitted for burning
at sea fuel oil
with a maximum viscosity of Centistokes at-50-dogreos
Contigrade/any
commercial grade of
fuel oil ("ACGFO") for main
propulsion, marine diesel oil/ ACGFO for
auxiliaries
In port
marine diesel oil/ ACGFO for auxiliaries:
IFO
and MGO as per clause 29 hereof
(f) she
shall comply with the regulations in force so as to enable her to pass
through the Suez and Panama Canals by day and night without
delay:
(g) she
shall have on board all certificates, documents and equipment required
from time to time by any applicable lawito enable her to perform the
charter service without delay:
(h) she
shall comply with the description in Intertanko Questionnaire 88
and OCIMF questionnaire Form B appended hereto,
provided however that if there is any conflict between the provision
of Form B Inertanko Questionnaire 88 and
OCIMF questionnaire and any other provision, including this Clause
I,of this charter such other provision shall govern. See vessel's description rider
Clause I,
|
|
Shipboard
Personnel
And
their Duties
|
2. (a) At the date of delivery of the
vessel under this charter and throughout the entire
period of this Charter Party
(i)
she shall have a full and efficient complement of master, officers and
crew for vessel of her tonnage, who shall in any event be not less than
the number required by the laws of the flag state and who shall be trained
to operate the vessel and her equipment competently and
safely;
(ii)
all shipboard personnel shall hold valid certificates of competence in
accordance with the requirements of the law of the flag
state;
(iii)
all shipboard personnel shall be trained in accordance with the relevant
provisions of the International Convention on Standards of Training,
Certification and Watchkeeping for Seafarers, 1978; as amended from time to
time.
(iv)
there shall be on board sufficient personnel with a good working knowledge
of the English language to enable cargo operations at loading and
discharging places to be carried out efficiently and safely and to enable
communications between the vessel and those loading the vessel or
accepting discharge therefrom to be carried out quickly and
efficiently.
(v)
All ship board personnel
will comply with the OCIMF Guidelines for the control of drugs and alcohol
on board ship.
(vi)
Owners guarantee that the Owners or management company as the case may be
shall always be in compliance with ISM Code or any future
equivalent.
(b) Owners
guarantee that throughout the charter service the master shall with the
vessel's officers and crew, unless otherwise ordered by
Charterers,
(i)
prosecute all voyages with the utmost despatch;
(ii) render all
customary assistance. And
(iii) load and
discharge cargo as rapidly as possible when required by Charterers or
their agents to do so , by night and day, but always in accordance with
the laws of the place of loading or discharging ( as the ease may be) and
in each case in accordance with any applicable laws of the flag
state.
|
Duty
to Maintain
|
3. (i)
Throughout the charter service Owners shall, whenever the passage of time,
wear and tear or any event (whether or not coming within Clause 27 hereof)
requires steps to be taken to maintain or restore the conditions
stipulated in Clause l and 2 (a), exercise due diligence so to maintain or
restore the vessel.
(ii) if
at any lime whilst the vessel is on hire under this charter the vessel
fails to comply with the requirements of clauses 1,2 (a) or 10 then hire
shall be reduced to the extent necessary to indemnify Charterers for such
failure. If and to the extent that such failure affects the time taken by
the vessel to perform any services under this charter, hire shall be
reduced by an amount equal to the value, calculated at the rate of hire,
of the time so lost.
Any
reduction of hire under this sub-Clause (ii) shall be without prejudice to
any other remedy available to Charterers, but such reduction of hire is in
respect of the time lost, such time shall be excluded from any calculation
tinder Clause 24.
(iii) If
owners are in breach of their obligation under Clause 3(i) Charterers may
also so notify Owners in writing: an if, after the expiry of 30 days
following the receipt by Owners of any such notice, Owners have failed to
demonstrate to Charterers' reasonable satisfaction the exercise of due
diligence as required in Clause 3 (i), the vessel shall be off-hire, and
no further hire payments shall be due, until Owners have so demonstrated
that they are exercising such due diligence.
Furthermore,
at any time while the vessel is off-hire under this Clause 3 Charterers
have the option to terminate this charter by giving notice in writing with
effect from the date on which such notice of termination is received by
owners or from any later date stated in such notice. This sub-Clause (iii)
is without prejudice to any rights of Charterers or obligations of Owners
under this charter of otherwise (including without limitation Charterers'
rights under Clause 21 hereof.
|
Period Training
Limits
|
|
4. Owners agree to let
and Charterers agree to hire the vessel for a period of See Additional Clause 23
(Period clause which will reflect agreement in main
terms)
commencing
from the time and date of delivery of the vessel, for the purpose of
carrying all lawful merchandise
(subject
always to Clause 28) including in particular . See Additional Clause 3
(Trading Limits)
In
any part of the world as Charterers shall direct, subject to the limits of
the current British Institute Warranties and any
subsequent amendments thereof, Notwithstanding the foregoing, but subject
to Clause 35, Charterers may order the vessel to ice bound
waters or to any part of the world outside such limits provided
that Owners consent thereto (such consent not to be unreasonably withheld)
and that Charterers pay for any insurance premium required by the vessel's
underwriters as a consequence of such order. (Including but not limited to,
extra premiums due under Owners loss of hire insurance
cover)
Charterers
shall use due diligence to ensure that the vessel is only employed between
and at safe places (which expression when used in this charter shall
include ports, berths, wharves, docks, anchorages, submarine lines,
alongside vessels or lighters, and other locations including locations at
sea) where she can safely lie always afloat. Notwithstanding
anything contained in this or any other clause of this charter, Charterers
do not warrant the safety of
any place to which they order the vessel and shall be under no liability
in respect thereof expect for loss or damage
caused by their failure to exercise due diligence as aforesaid. Subject as
above the vessel shall be loaded and discharged at any places as
Charterers may direct, provided that Charterers shall exercise due
diligence to ensure that any ship-to-ship transfer operations shall
conform to standards not less than those set out in the latest published
edition of the ICS/OCIMF Ship-to-ship Transfer Guide. Vessel not to be used as
storage tanker nor as
a shuttle vessel
for more than 2 months per year.
The
vessel shall be delivered by Owners in: DOP I SP/SA
MED/BSEA/UKCONT/USAC/USG CARIES/EAST COAST CANADA in Owner's option. It is
also Owners option to deliver the vessel at sea 5 days steaming south of
Los Angeles. Should Owners exercise such option and deliver the vessel at
this position then the Charterers will have the right to redeliver the
vessel at sea in the Pacific Ocean in a position which is no further from
Balbao than the delivery position, and
redelivered
to Owners at a port in dropping last outbound sea
pilot One (I) safe port United States Atlantic coast, United States Gulf
Caribbean, East coast Canada, Mediterranean, United Kingdom Continent
European Mediterranean
At
Charterers' option.
|
|
Laydays/
Cancelling
|
5. The vessel shall not
be delivered to Charterers before December 2006 — January 2007
to be narrowed (See also Rider Clause 37) and Charterers shall have
the option of cancelling this charter if the vessel is not ready and at
their disposal on or before
|
Owners
to
Provide
|
6. Owners undertake to
provide and to pay for all provisions, luboils, wages, and
shipping and discharging fees and all other expenses of the master,
officers and crew: also, except as provided in Clause 4 and 34 hereof, for
all insurance on the vessel, for all deck, cabin and engine-room stores,
and for water: for all dry-docking, overhaul maintenance and repairs to
the vessel: and for all fumigation expenses and de-rat certificates,
Owners' obligations under this Clause 6 extend to all liabilities for
customs or import duties arising at any time during the performance of
this charter in relation to the personal effects of the master, officers
and crew, and in relation to the stores provisions and other matters
aforesaid which Owners are to provide and paid for and Owners shall refund
the Charterers any sums Charterers or their agents may have paid or been
compelled to pay in respect of any such liability. Any amounts allowable
in general average for wages and provisions and stores shall be credited
to Charterers insofar as such amounts are in respect of a period when the
vessel is on-hire.
|
Charterers
to
Provide
|
7. Charterers shall
provide and pay for all fuel (except fuel used for domestic services),
towage and pilotage and shall pay agency fees, port charges, commissions,
expenses of loading and unloading cargoes, canal dues and tax/dues on cargo/freight
and all charges other than those payable by Owners in accordance
with Clause 6 hereof, provided that all charges for the said items shall
be for Owners' account when such items are consumed, employed or incurred
for Owners' purposes or while the vessel is off-hire (unless such items
reasonably relate to any service given or distance made good and taken
into account under Clause 21 or 22) : and
provided further that any fuel used in connection with a general average
sacrifice or expenditure shall be paid for by Owners. OPA charges for Charterers
account.
|
Rate
of
Hire
|
8. Subject as herein
provided, Charterers shall pay for the use and hire of the vessel at the
rate of USD
per day, and pro rata for any part of a day, from the time and date
of her delivery UTC (local time) until the
time and date of her redelivery (local time) to Owners.
|
Payment
of
Hire
|
9.
Subject to Clause 3 (iii), payment of hire shall be in immediately
available funds to: In US$ to Owners designated Bank :
In U.S.A. Dollars per
calendar month in advance, less:
(i) any
hire paid which Charterers reasonably estimate to relate to off-hire
periods , and
(ii) any
amounts disbursed on Owners' behalf, any advances and commission thereon,
and charges which are
for
Owners' account pursuant to any provision hereof, and
(iii) any
amounts due or reasonably estimated to become due to Charterers under
Clause 3 (ii) or 24 hereof, any such adjustments to be made at the due
date for the next monthly payment after the facts have been ascertained,
Charterers shall not be responsible for any delay or error by Owners' xxxx
in crediting Owners' account provided that Charterers have made proper and
timely payment.
In
default of such proper and timely payment,
(a) Owners
shall notify Charterers of such default and Charterers shall within seven
days of receipt of
such
notice pay to Owners the amount due including interest, failing which
Owners may withdraw the
vessel
from the service of Charterers without prejudice to any other rights
Owners may have under this charter or otherwise : and
(b) Interest on any
amount due but not paid on the due date shall accrue from the days after
that date up to and including the day when payment is made, at a rate per
annum which shall be 1% above the U.S. Prime Interest Rate as published by
the Chase Manhattan Bank in New York at 12:00 New York time on the due
date; or, if no such interest rate is published on that day, the interest
rate published on the next preceding day on which such a rate was so
published, computed on the basis of a 360 day year of twelve 30 day
months, compounded semi-annually.
|
Space
Available
to
Charterers
|
10. The
whole reach, burthen and decks of the vessel and any passenger
accommodation (including Owners' suite shall be at Charterers' disposal,
reserving only proper and sufficient space for the vessel's master,
officers, crew, tackle, apparel, furniture, provisions and stores,
provided that the weight of stores on board shall not, unless specially
agreed, exceed 550
tonnes at any time during the charter period.
|
Overtime
|
11. Overtime
pay of the master, officers and crew in accordance with ship's articles,
even telecommunication
expenses and gratuities to third parties shall be for Owners Charterers'
account , when
incurred as a result of complying with the request of Charterers or
their agents, for loading, discharging, heating of cargo, bunkering or
tank cleaning. Charterers shall pay together
with hire lumpsum USD per
month covering all the above.
|
Instructions
And
Logs
|
12. Charterers
shall from time to time give the master all requisite instructions and
sailing directions, and he shall keep a full and correct log of the voyage
or voyages, which Charterers or their agents may inspect as required. The
master shall when required furnish Charterers or their agents with a true
copy of such log and with properly completed loading and discharging port
sheets and voyage reports for each voyage and other returns as Charterers
may require, Charterers shall be entitled to take copies at Owners'
expense of any such documents which are not provided by the master, Reports to be completed in
English.
|
Bills
of
Lading
|
13.
(a) The master (although appointed by Owners) shall be under the orders
and direction of Charterers as regards employment of the vessel, agency
and other arrangements, and shall sign bills of lading as Charterers or
their agents may direct ( subject always to Clauses 35 (a) and 40) without
prejudice to this charter, Charterers hereby indemnify Owners against all
consequences or liabilities that may arise
(i) from
signing bills of lading in accordance with the directions of Charterers or
their agents, to the extent that the terms of such bills of lading fail to
confonn to the requirements of this charter , or (except as provided in
Clause 13 (b) from the master otherwise complying with Charterers' or
their agents orders;
(ii) from
any irregularities in papers supplied by Charterers or their
agents.
(b)
Notwithstanding the foregoing, Owners shall not be obliged to comply with
any orders from Charterers to discharge all or part of the
cargo.
(i)
at any place other than that shown on the xxxx of lading
and/or
(ii)
without presentation of an original xxxx of lading
unless
they have received from Charterers both written confirmation of such orders and
an indemnity in the form acceptable to Owners. Invoking the letter of
Indemnity as per additional Clause Na. 25 of the
riders.
|
Conduct
of
Vessel's
personnel
|
14. If Charterers
complain of the conduct of the master or any of the officers or crew,
Owners shall immediately investigate the complaint. If the complaint
proves to be well founded , Owners shall, without delay, make a change in
the appointments and Owners shall in any event communicate the result of
their investigations to Charterers as soon as
possible.
|
Bunkers
at
Delivery
and
Redelivery
|
15. Charterers
shall accept and pay for all bunkers on board at the time of delivery, and
Owners shall on redelivery (whether it occurs at the end of the charter
period or on the early termination of this charter) accept and pay for all
bunkers remaining on board, at their respective purchase
price which to be supported by vouchers. at the then current
market prices at the port of delivery or redelivery, as the case may be,
or if such prices are not available payment shall be at the then current
market prices at the nearest port at which such prices are available
provided that if delivery or redelivery does not take place in a port
payment shall be at the price paid at the vessel's last port of bunkering
before delivery or redelivery, as the case may be, Owners shall give
Charterers the use and benefit of any fuel contracts that may have in
force from time to time, if so required by Charterers, provided supplies
agree.
|
Stevedores,
Pliots,Tugs
|
16. Stevedores
when required shall be employed and paid by Charterers, but this shall not
relieve Owners from responsibility at all times for proper
stowage, which must be controlled by the master who shall keep a strict
account of all cargo loaded and discharged, Owners hereby indemnify
Charterers, their servants and agents against all losses, claims,
responsibilities and liabilities arising in any way whatsoever from the
employment of pilots, tugboats or stevedores, who although employed by
Charterers shall be deemed to be the servants of and in the service of
Owners and under their instructions ( even if such pilots, tugboat
personnel or stevedores are in fact the servants of Charterers their
agents or any affiliated company): provided, however, that
(i) The
foregoing indemnity shall not exceed the amount to which Owners would have
been entitled to limit their liability if they had
themselves employed such pilots, tugboats or stevedores, and
(ii) Charterers
shall be liable for any damage to the vessel caused by or arising out of
the use of stevedores, fair wear and tear excepted, to the extent that
Owners arc unable by the exercise of due diligence to obtain redress
therefor from stevedores.
|
Supernumeraries
|
17. Charterers
may send representatives in the vessel's available accommodation upon any
voyage made under this charter, Owners finding provisions and all
requisites as supplied to officers, except liquors, Charterers paying at
the rate of US$
per day for each representative while on board the
vessel.
|
Sub-letting
|
18. Charterers
may sub-let the vessel, but shall always remain responsible to Owners for
due fulfilment of this charter.
|
FinalVoyage
|
19. If
when a payment of hire is due hereunder Charterers reasonably expect to
redeliver the vessel before the next payment of hire would fall due, the
hire to be paid shall be assessed on Charterers' reasonable estimate of
the time necessary to complete Charterers' programme up to redelivery, and
from which estimate Charterers may deduct amounts due or reasonably
expected to become due for
(i) Disbursements
on Owners' behalf or charges for Owners' account pursuant to any provision
hereof, and
(ii) Bunkers
on board at redelivery pursuant to Clause 15.
Promptly
after redelivery any overpayment shall be refunded by Owners or any
underpayment made good by Charterers.
If
at the lime this
charter would otherwise terminate in accordance with Clause 4 the vessel
is on a ballast voyage to a port of redelivery or is upon a laden voyage,
Charterers shall continue to have the use of the vessel at the same rate
and conditions as stand herein for as long as necessary to complete such
ballast voyage, or to complete such laden voyage and return to a port of
redelivery as provided by this charter, as the case may
be.
|
Loss
of
Vessel
|
20. Should
the vessel be lost, this charter shall terminate and hire shall cease at
noon on the day of her loss: should the vessel be a constmctive total
loss, this charter shall terminate and hire shall cease at noon on the day
on which the vessel's underwriters agree that the vessel is a constructive
total loss: should the vessel be missing, this charter shall terminate and
hire cease at noon on the day of which she was last heard of. Any hire
paid in advance and not earned shall be returned to Charterers and Owners
shall reimburse Charterers for the value of the estimated quantity of
bunkers on board at the time of termination, at the price paid by
Charterers at the last bunkering port.
|
Off-hire
|
21. (a) On each and
every occasion that there is loss of time (whether by way of interniption
in the vessel's service or, from reduction in the vessel's performance, or
in any other manner)
(i) Due
to deficiency of personnel or stores; repairs; gas-freeing for repairs;
time in and waiting to enter dry dock for repairs: breakdown (whether
partial or total) of machinery, boilers or other parts of the vessel or
her equipment (including without limitation tank coatings); overhaul,
maintenance or survey; time lost by vessel for obtaining
all necessary authorisation or certificates for trading, collision,
stranding, accident or damage to the vessel: or any other similar cause
preventing the efficient working of the vessel: and such loss continues
for more than three consecutive hours (if resulting from interruption in
the vessel's service) or cumulates to more than three hours (if resulting
from partial loss of service); or
(ii) Due
to industrial action, refusal to sail, breach of orders or neglect of duty
on the part of the master, officers or crew ; or
(iii) For
the purpose of obtaining medical advice or treatment for or landing any
sick or injured person (other than a Charterers' representative carried
under clause 17 hereof) or for the purpose of landing the body of any
person (other than a Charterers' representative), and such loss continues
for more than three consecutive hours; or
(iv)
Due to any delay in quarantine arising from the master, officers or crew
having had communication with the shore at any infected area without5 the
written consent or instructions of Charterers or their agents, or at any
detention by customs or other authorities caused by smuggling or other
infraction of local law on the part of the master , officers or crew;
or
|
(v) Due
to detention of the vessel by authorities at home or abroad attributable
to legal action against or breach of regulations by the vessel, the
vessel's owners, or Owners (unless brought about by the act or neglect of
Charterers);
(vi) Delay for failure in obtaining
M.O.C vetting approvals
See additional clause No. 22.4, then without prejudice to
Charterers' rights under clause 3 or to any other rights of Charterers
hereunder or otherwise the vessel shall be of from the commencement of
such loss of time until she is again ready and in efficient state to
resume her service from a position not less favourable to Charterers than
that at which such loss of time commenced; provided, however , that any
service given or distance made good by the vessel whilst off-hire shall be
taken into account in assessing the amount to be deducted from
hire.
(b) If
the vessel fails to proceed at any guaranteed speed pursuant to Clause 24,
and such failure arises wholly or partly from any of the causes set out in
Clause 21(a) above, then the period for which the vessel shall be off-hire
under this Clause 21 shall be the difference between
(i) the
time the vessel would have required to perform the relevant service at
such guaranteed speed, and
(ii) the
time actually taken to perform such service (including any loss of time
arising from interruption in the performance of such
service).
For
the avoidance of doubt, all time included under (ii) above shall be
excluded from any computation under Clause 24.
(c) Further
and without prejudice to the foregoing, in the event of the vessel
deviating (which expression includes without limitation putting back, or
putting into any port other than that to which she is bound under the
instructions of Charterers) for any cause or purpose mentioned in Clause
21 (a), the vessel shall be off-hire from the commencement of such
deviation until the time when she is again ready and in an efficient state
to resume her service from a position not less favourable to Charterers
than that at which the deviation commenced, provided, however, that any
service given or distance made good by the vessel whilst so off-hire shall
be taken into account in assessing the amount to be deducted from hire. If
the vessel, for any cause or purpose mentioned in Clause 21 (a), puts into
any port other than the port to which she is bound on the instructions of
Charterers, the port charges, pilotage and other expenses at such port
shall be borne by Owners. Should the vessel be driven into any port or
anchorage by stress of weather hire shall continue to be due and payable
during any time lost thereby.
(d)
If the vessel's flag state becomes engaged in hostilities, and Charterers
in consequences of such hostilities find it commercially impracticable to
employ the vessel and have given Owners written notice thereof, then from
the date of receipt by Owners of such notice until the termination of such
commercial impracticability the vessel shall be off-hire and Owners shall
have the right to employ the vessel on their own account.
(e) Time during
which the vessel is off hire under this charter shall count as part of the
charter period.
(e)
Time during which the vessel is off hire under this Charter Party shall
count as part of the Charter Period, but Charterers shall have the option,
in the event off-Hire period exceeds 20 days, to add such time over the
said allowance to the relevant Charter period, by notifying the Owners 30
days prior to the natural expiration of each Charter period, as the case
may be.
|
|
Periodical
Drydocking
|
22. (a) Owners have the
right and obligation to drydock the vessel at regular intervals of as
required by
Classification Society and in case of emergency. On each occasion
Owners shall propose to Charterers a date on which they wish to drydock
the vessel, not less than 90 days before such
date, and Charterers shall offer a port for such periodical drydocking and
shall take all reasonable steps to make the vessel available as near to
such date as practicable.
Owners
shall put the vessel in drydock at their expense as soon as practicable
after Charterers place the vessel at Owners' disposal clear of cargo other
than tank washings and residues. Owners shall be responsible for and pay
for the disposal into reception facilities of such tank washings and
residues and shall have the right to retain any monies received therefor,
without prejudice to any claim for loss of cargo under any xxxx of lading
or this charter.
(b) If a periodical
drydocking is carried out in the port offered by Charterers (which must
have suitable accommodation for the purpo0se and reception facilities for
tank washings an residues), the vessel shall be off hire from the time she
arrives at such port until drydocking is completed and she is in every way
ready to resume Charterers' service and is at the position at which she
went off hire or a position no less favourable to Charterers, whichever
she first attains. However
(i) provided that
owners exercise due diligence in gas freeing, any time lost in gas freeing
to the standard required for entry into drydock for cleaning or painting
the hull shall not count as off hire, whether, lost on passage to the
drydocking port or after arrival there (notwithstanding Clause 21),
and
(ii) any additional
time lost in further gas freeing to meet the standard required for hot
work or entry to cargo tanks shall count as off hire, whether lost on
passage to the drydocking port or after arrival there.
Any time which, but
for sub clause (i) above, would be off hire, shall not be included in any
calculation under Clause 24.
Time and The expenses
of gas-freeing, including without limitation the cost of bunkers, shall be
for Owners' account.
(c)
If Owners require the vessel, instead of proceeding to the
offered port, to carry out periodical drydocking at a special
port selected by them, the vessel shall be off-hire from the time when she
is released to proceed to the special port until she next presents for
loading in accordance with Charterers' instructions, provided, however,
that Charterers shall credit Owners with the time which would have been
taken on passage at the service speed had the vessel not proceeded to
drydock. All fuel consumed shall be paid for by Owners but Charterers
shall credit Owners with the value of the fuel which would have been used
of such notional passage calculated at the guaranteed daily consumption
for the service speed, and shall further credit Owners with any benefit
they may gain in purchasing bunkers at the special port.
(c) Charterers shall,
insofar as cleaning for periodical drydocking may have reduced the amount
of tank cleaning necessary to meet Charterers' requirements credit Owners
with the value of any bunkers which Charterers calculate to have been
saved thereby, whether the vessel drydocks at an offered or a special
port.
|
Ship
Inspection
|
23. Charterers
shall have the right at any time during the charter period to make such
inspection of the vessel as they may consider necessary. This right may be
exercised as often and at such intervals as Charterers in their absolute
discretion may determine and whether the vessel is in port or on passage.
Owners affording all necessary co-operation and accommodation on board
provided, however,
(i) That
neither the exercise nor the non-exercise, nor anything done or not done
in the exercise or non-exercise, by Charterers of such right shall in any
way reduce the master's or Owners' authority over, or responsibility to
Charterers or third parties for, the vessel and every aspect of her
operation, nor increase Charterers' responsibilities to Owners or third
parties for the same; and
(ii) That
Charterers shall not be liable for any act, neglect or default by
themselves, their
servants
or agents in the exercise or non-exercise of the aforesaid
right.
|
|
Detailed
Description
|
24. (a)
Owners guarantee that the speed and consumption of the vessel shall be as
follows:-
|
|
And
Performance
|
Average
speed
In
knots
Laden
|
Maximum
average bunker consumption
main
propulsion-auxiliaries
Fuel
oil/diesel
oil fuel oil/diesel oil
Tonnes tonnes
|
Ballast
|
||
See
Vessels Description Clause Number 1 and over performance Clause Number
26
The
foregoing bunker consumptions are for all purposes except cargo heating
and tank cleaning and shall be pro-rated between the speeds
shown.
The
service speed of the vessel is knots
laden and
knots in ballast and in the absence of Charterers' orders to the contrary
the vessel shall proceed at the service speed. However if more than one
laden and one ballast speed are shown in the table above Charterers shall
have the right to order the vessel to steam at any speed within the range
set out in the table (the "ordered speed").
If the vessel is
ordered to proceed at any speed other than the highest speed shown in the
table, and the average speed actually attained by the vessel during the
currency of such order exceeds such ordered speed plus 0.5 knots (the
"maximum recognised speed"), than for the purpose of calculating any
increase or decrease of hire under this Clause 24 the maximum recognized
speed shall be used in place of the average speed actually
attained.
For
the purposes of this charter the "guaranteed speed" at any time shall be
the then-current ordered speed or the service speed, as the case may
be
The
average speeds and bunker consumptions shall for the purposes of this
Clause 24 be calculated by reference to the observed distance from pilot
station to pilot station on all sea passages during each period stipulated
in Clause 24(c) , but excluding any time during which the vessel is (or-but-for
Clause 22 (b) (i) would
be) off-hire and also excluding "Adverse Weather Periods", being
(i) any periods during which reduction of speed is necessary for safety in
congested waters or in poor visibility (ii) any days, noon to noon, when
winds exceed force 8 5
on the Beaufort Scale for more than 12 hours.
(b)
If during any year from the date on which the vessel enters service
(anniversary to anniversary) the vessel falls below or-exceeds the
performance guaranteed in Clause 24 (a) then if such
shortfall or excess results
(i)From
a reduction or an increase in the average speed of the vessel, compared to
the speed guaranteed its Clause 24 (a), then an amount equal to the value
at the hire rate or the time so lost or gained, as
the case may be, shall be deducted from or added to
the hire paid;
(ii)
From an increase or a
decrease in the total bunkers consumed, compared to the total
bunkers which would have been consumed had the vessel performed as
guaranteed in Clause 24 (a), an amount equivalent to the value of the
additional bunkers consumed or the bunkers
saved, as the case may be, based on the average price paid by
Charterers for the vessel's bunkers in such period, shall be deducted from
or added to the hire paid.
The addition to
or deduction from hire so calculated for laden and ballast mileage
respectively shall be adjusted to take into account the mileage steamed in
each such condition during Adverse Weather Periods, by dividing such addition or deduction by
the number of miles over which the performance has been calculated and
multiplying by the same number of miles plus the miles steamed during the
Adverse Weather Periods, in order to establish the
total addition to or deduction from hire
to be made for such period.
Reduction
of hire under the foregoing sub-Clause (b) shall be without prejudice to
any other remedy available to Charterers.
(c) Calculations
under this Clause 24 shall be made for the yearly periods terminating on
each successive anniversary of the date on which the vessel enters
service, and for the period between the last such anniversary and the xxxx
of termination of this charter if less than a year. Claims in respect of
reduction of hire arising under this Clause during the final year or part
year of the charter period shall in the first instance be settled in
accordance with Charterers' estimate made two months before the end of the
charter period. Any necessary adjustment after this charter terminates
shall be made by payment by Owners to Charterers or by Charterers
to
(d)
Owners a
(e) the case
may require. Payments in respect increase of hire arising under this
Clause shall be made promptly after receipt by Charterers of all the
information necessary to calculate such increase.
|
Salvage
|
25. Subject
to the provisions of Clause 21 hereof, all loss of time and all expenses
(excluding any damage to or loss of the vessel or tortious liabilities to
third parties) incurred in saving or attempting to save life or in
successful or unsuccessful attempts at salvage shall be borne equally by
Owners and Charterers provided that Charterers shall not be liable to
contribute towards any salvage payable by Owners arising in any way out of
services rendered under this Clause 25.
All
salvage and all proceeds from derelicts shall be divided equally between
Owners and Charterers after deducting the master's, officers' and crew's
share.
|
Lien
|
26. Owners shall have a lien upon all
cargoes and freights, sub-freights and demurrage for any amounts due under
this charter; and Charterers shall have a lien on the vessel for all
monies paid in advance and not earned, and for all claims for damages
arising from any breach by Owners of this charter.
|
Exceptions
|
27. (a) The
vessel, her master and Owners shall not, unless otherwise in this charter
expressly provided, be liable for any loss or damage or delay or failure
arising or resulting from any act, neglect or default of the master,
pilots, mariners or other servants of Owners in the navigation or
management of the vessel: fire, unless caused by the actual fault or
privity of Owners: collision or stranding; dangers and accidents of the
sea; explosion, bursting of boilers, breakage of shafts or any latent
defect in hull, equipment or machinery: provided, however that Clauses
1,2,3 and 24 hereof shall be unaffected by the foregoing. Further, neither
the vessel, her master or Owners, nor Charterers shall, unless otherwise
in this charter expressly provided, be liable for any loss or damage or
delay or failure in performance hereunder arising or resulting from act of
God, act of war, seizure under legal process, quarantine restrictions,
strikes, lock-outs, riots, restraints of labour, civil commotions or
arrest or restraint of princes, rulers or people.
(b) The
vessel shall have liberty to sail with or without pilots, to tow or go to
the assistance of vessels in distress and to deviate for the purpose of
saving life or property.
(e) Clause
27(a) shall not apply to or affect any liability of Owners or the vessel
or any other relevant person in respect of
(i) loss
or damage caused to any berth, jetty, dock, dolphin, buoy, mooring line
pipe or crane or other works or equipment whatsoever at or near any place
to which the vessel may proceed under this charter, whether or not such
works or equipment belong to Charterers, or
(ii) any
claim ( whether brought by Charterers or any other person) arising out of
any loss of or damage to or in connection with cargo. Any All
such claims shall be subject to the Hague-Visby Rules or the
Hague Rules, as the case may be, which ought pursuant to Clause 38 hereof
to have been incorporated in the relevant xxxx of lading (whether or not
such Rules were so incorporated) or, if no such xxxx of lading is issued,
to the Hague-Visby Rules.
(d) In
particular and without limitation, the foregoing subsections (a) and (b)
of this Clause shall not apply to
or in any way affect any provision in this charter relating to off-hire or
to reduction of hire.
|
Injurious
Cargoes
|
28. No acids,
explosives or cargoes injurious to the vessel shall be shipped and without
prejudice to the foregoing any damage to the vessel caused by the shipment
of any such cargo and the time taken to repair such damage, shall be for
Charterers' account. No voyage shall be undertaken, nor any goods or
cargoes loaded, that would expose the vessel to capture or seizure by
rulers or governments.
|
Grade
of Bunkers
|
29. Charterers
shall supply marine diesel oil/fuel oil with a maximum viscosity of 380
Centistokes at 50
degrees-Centigrade according
to RMG 35/ACGFO for
main propulsion and diesel oil/ACGFO according
to DMA for the auxiliaries. If Owners require the vessel to be
supplied with more expensive bunkers they shall be reliable for the extra
cost thereof. (See
also additional Clause 38).
Charterers warrant
that all bunkers provided by them in accordance herewith shall be of a
quality complying with the International Marine Bunker Supply Terms and
conditions of Shell International Trading Company and with its
specification for marine fuels as amended from time to
time.
|
Disbursements
|
30. Should
the master require advances for ordinary disbursements at any port,
Charterers or their agents shall make such advances to him, in
consideration of which Owners shall pay a commission of two and a half per
cent, and all such advantages and commissions shall be deducted from
hire.
|
Laying-up
|
31. Charterers shall
have the option, after consultation with Owners, of requiring Owners to
lay up the vessel at a safe places nominated by Charterers, in which case
the hire provided for under this charter shall be adjusted to reflect any
net increases in expenditure reasonably incurred or any net saving which
should reasonably be made by Owners as a result of such lay
up. Charters may exercise the said option any number of times
during the charter period.
|
Requisition
|
32. Should
the vessel be requisitioned by any government, de facto or de jure, during
the period of this charter, the vessel shall be off-hire during the period
of such requisition, and any hire paid by such government in respect of
such requisition period shall be or Owners' account. Any such requisition
period shall count as part of the charter
period.
|
Outbreak
of War
|
33. If war hostilities break out
between any two or more of the following countries: USA., Russia and CIS
States, PRC, UK, Netherlands, Germany, France, Italy in so far that such
areas have been declared War Risk areas by the War Risk rating committee
in London as recognised by the Lloyds of London both Owners and Charterers
have the right to cancel this Charter. However neither party shall be
entitled to terminate this Charter Party on account of minor and/or local
warlike operation or economic warfare anywhere which will not interfere
with the vessel's trade. This cancellation to be declared within a period
of 15 days from the date in which the Hull & Machinery insurers
officially report the outbreak of such war. If war or hostile
break out between two or more of the following countries: USA, U.S.S,R.,
P.R.C., U.K., Netherlands, both Owners and Charterers shall have the right
to cancel this charter.
|
Additional
War
Expenses
|
34. If the vessel is ordered to trade in
areas where there is war (de facto or de jure) or threat of war,
Charterers shall reimburse Owners for any additional insurance premia,
(net of discounts)
including Hail & Machinery and Loss of Hire, crew bonuses
and other expenses which are reasonably incurred by Owners as a
consequence of such orders, provided that Charterers are given notice of
such expenses as soon as practicable and in any event before such expenses
are incurred, and provided further that Owners obtain from their insurers
a waiver of any subrogated rights against Charterers in respect of any
claims by Owners under their war risk insurance arising out of compliance
with such orders.
|
War
Risks
|
35. See Rider
Clause 32 (a) The maser shall
not be required or bound to sign bills of lading for any place which in
his or Owners' reasonable opinion is dangerous or impossible for the
vessel to enter or reach owing to any blockade, war, hostilities, warlike
operations, civil war, civil commotions or
revolutions.
(b) If in the
reasonable opinion of the maser or Owners it becomes, for any of the
reasons set out in Clause 35(a) or by the operation of international law,
dangerous, impossible or prohibited for the vessel to reach or enter, or
to load or discharge cargo at, any place to which the vessel has been
ordered pursuant to this charter (a "place or period"), then Charterers or
their agents shall be immediately notified by telex or radio message, and
Charterers shall thereupon have the right to order the cargo, or such part
of it as may be affected, to be loaded or discharged, as the case may be,
at any other place within the trading limits of this charter (provided
such other place is not itself a place of peril). If any place of
discharge is or becomes a place of period, and no orders have been
received from Charterers or their agents within 48 hours after dispatch of
such messages, then Owners shall be at liberty to discharge the cargo or
such part of its as may be affected at any place which they or the maser
may in their or his discretion select within the trading limits of this
charter and such discharge shall be deemed to be due fulfillment of
Owners' obligations under this charter so far as the cargo so discharged
is concerned.
(c) The vessel shall
have liberty to comply with any directions and recommendations as to
departure, arrival, routes, ports of call, stoppages, destinations, zones,
waters, delivery or in any other wise whatsoever given by the government
of the state under whose flag the vessel sails or any other government or
local authority or by any person or body acting or purporting to act as or
with the authority of any such government or local authority or by any
committee or person having under the terms of the war risk insurance on
the vessel the rigt to give any such directions or
recommendations. If by reason of or in compliance with any such
directions or recommendations anything is done or is not done, such shall
not be deemed a deviation .
If by reasons of or
in compliance with any such direction or recommendation the vessel does
not proceed to any place of discharge to which she has been ordered
pursuant to this charter, the vessel may proceed to any place which the
maser or Owners in his or their discretion select and there discharge the
cargo or such part of it as may be affected. Such discharge
shall be deemed to be due fulfillment of Owners' obligations under this
charter so far as cargo so discharged is concerned.
Charterers shall
procure that all bills of lading issued under this charter shall contain
the Chamber of Shipping War Risks Clause 1952.
|
Both
to blame
Collision
Clause
|
36. If the liability for any collision in
which the vessel is involved while performing this charter falls to be
determined in accordance with the laws of the United States of America,
the following provision shall apply; "If the ship comes into collision
with another ship as a result of the negligence of the other ship and any
act, neglect or default of the master, mariner, pilot or the servants of
the carrier in the navigation or in the management of the ship, the owners
of the cargo carried hereunder will indemnify the carrier against all
loss, or liability to the other or non-carrying ship or her owners in so
far as such loss or liability represents loss of, or damage to, or any
claim whatsoever of the owners of the said cargo, paid or payable by the
other or non- carrying ship or her owners to the owners of the said cargo
and set off, recouped or recovered by the other or non-carrying ship or
her owners as part of their claim against the carrying ship or
carrier".
"The
foregoing provisions shall also apply where the owners, operators or those
in charge of any ship or ships or objects other than, or in addition to,
the colliding ships or objects are at fault in respect of a collision or
contract".
Charterers
shall procure that all bills of lading issued under this charter shall
contain a provision in the foregoing terms to be applicable where the
liability for any collision in which the vessel is involved falls to be
determined in accordance with the laws of the United States of
America.
|
New
Xxxxx
Clause
|
37. General average contributions shalt
be payable according to the York/Antwerp Rules, 1974,
1994, as amended from
time to time and shall be adjusted in London in accordance with
English law and practice but should adjustment be made in accordance with
the law and practice of the United States of America, the following
provision shall apply:
"In
the event of accident, danger, damage or disaster before or after the
commencement of the voyage, resulting from any cause whatsoever, whether
due to negligence or not, for which, or for the consequence of which, the
carrier is not responsible by statute, contract or otherwise, the cargo,
shippers, consignees or owners of the cargo shall contribute with the
carrier in general average to the payment of any sacrifices, losses or
expenses
|
of
a general average nature that may be made or incurred and shall pay
salvage and special charges incurred in respect of the cargo"
"If
a salving ship is owned or operated by the carrier, salvage shall be paid
for as fully as if the said salving ship or ships belonged to strangers,
such deposit as the earner or his agents may deem sufficient to cover the
estimated contribution of the cargo and any salvage and special charges
thereon shall, if required, be made by the cargo, shippers, consignees or
owners of the cargo to the carrier before delivery."
Charterers
shall procure that all bills of lading issued under this charter shall
contain a provision in the foregoing terms, to be applicable where
adjustment of general average is made in accordance with the laws and
practice of the United States of America.
|
|
Clause
Paramount
|
38. Charterers shall procure that all
bills of lading issued pursuant to this charter shall contain the
following clause:
"(1)
Subject to sub-clause (2) hereof, this xxxx of lading shall be governed
by, and have effect subject to, the rules contained in the International
Convention for the Unification of Certain Rules relating to Bills of
Lading signed at Brussels on 25th August
1924 (hereafter the "Hague Rules") as amended by the Protocol signed at
Brussels on 23rd February
1968 (hereafter the "Hague-Visby Rules"). Nothing contained herein shall
be deemed to be either a surrender by the carrier of any of his rights or
immunities or any increase of any of his responsibilities or liabilities
under the "Hague-Visby Rules".
"(2)
If there is governing legislation which applies the Hague Rules
compulsorily to this xxxx of lading to the exclusion of the Hague-Visby
Rules, then this xxxx of lading shall have effect subject to the Hague
Rules. Nothing herein contained shall be demised to be either a surrender
by the carrier of any of his rights or immunities or an increase of any of
his responsibilities or liabilities under the Hague Rules."
"(3) If
any term of this xxxx of lading is repugnant to the Hague-Visby Rules or
Hague Rules if applicable, such term shall be void to that extent but no
further."
"(4) Nothing
in this xxxx of lading shall be construed as in any way restricting,
excluding or waiving the right of any relevant party or person to limit
his liability under any available legislation and/or law."
|
TOVALOP
|
39. Owners
warrant that the vessel is:
(i)
a tanker in
TOVALOP and.
(ii)
Properly enter in Steamship Mutual P&I
Club
and
will so remain during the currency of this charter. See ITOPF Clause
28
When an escape of
discharge of Oil occurs from the vessel and causes or threatens to cause
Pollution Damage, or when there is the Threat of an escape or discharge of
Oil (i.e. a grave and imminent danger of the escape or discharge of Oil
which, if it occurred, would create a serious danger of Pollution Damage,
whether or not an escape or discharge in fact subsequently occurs), then
Charterers may, at their option, upon notice to Owners or master,
undertake such measures as are reasonably necessary to prevent or minimize
such Pollution Damage or to remove the Threat, unless Owners promptly
undertake the same. Charterers shall keep Owners advised of the nature and
result of any such measures taken by them and, if time permits, the nature
of the measures intended to be taken by them.. Any of the aforementioned
measures taken by Charterers shall be deemed taken on Owners' authority as
Owners' agent, and shall be at Owners' expense except to the extent
that:
(1) any such escape
or discharge or Threat was caused or contributed to by Charterers,
or
(2) by reason of
the exceptions set out in Article III, paragraph 2, of the 1969
International Convention on Civil Liability for Oil Pollution
Damage. Owners are or, had the said Convention applied to such
escape or discharge or to the Threat, would have been exempt from
liability for the same, or
(3) the cost of
such measures together with all other liabilities, costs and expenses of
Owners arising out of or in connection with such escape or discharge or
Threat exceeds one hundred and sixty United States Dollars (US$106) per
ton of the vessel's Tonnage or sixteen million eight hundred thousand
United States Dollars (US$16,800,000), whichever is the lesser, save and
insofar as Owners shall be entitled in recover such excess under
either.
The 1971
International Convention on the Establishment of an International Fund for
Compensation for Oil Pollution Damage or under
CRISTAL;
PROVIDED ALWAYS
that if Owners in their absolute discretion consider said measures should
be discontinued, Owners shall so notify Charterers and thereafter
Charterers shall have no right to continue said measures under the
provisions of this Clause 39 and all further liability to Charterers under
this Clause 39 shall thereon cease.
The above
provisions are not in derogation of such other rights as Charterers or
Owners may have under this charter or may otherwise have no acquire by law
or any International Convention or TOVALOP.
The term "TOVALOP"
means the Tanker Owners' Voluntary Agreement Concerning Liability for Oil
Pollution dated 7th January 1969, as
amended from time to time, and the term "CRISTAL" means the Conmet
Regarding an Interim Supplement to Tanker Liability for Oil Pollution
dated 14th January 1971, as
amended from time to time. The term "Oil", "Pollution Damage",
and "Tonnage" shall for the purposes of this Clause 39 have the meaning
ascribe to them in TOVALOP
|
Export
Restriction
|
40. The master shall not
be required or bound to sign bills of lading for the carriage of cargo to
any place to which export of such cargo is prohibited under the laws,
rules or regulations of the country in which the cargo was produced and/or
shipped.
Charterers
shall procure that all bills of lading issued under this charter shall
contain the following clause:
"If
any laws rules or regulations applied by the government of the country in
which the cargo was produced and/or shipped, or any relevant agency
thereof, impose a prohibition on export of the cargo to the place of
discharge designated in or ordered under this xxxx of lading, carriers
shall be entitle to require cargo owners forthwith to nominate an
alternative discharge place for the discharge of the cargo, or such part
of it as may be affected, which alternative place shall not be subject to
the prohibition, and carriers shall be entitled to accept orders from
cargo owners to proceed to and discharge at such alternative place. If
cargo owners fail to nominate an alternative place within 72 hours after
they or their agents have received from carriers notice of such
prohibition, carriers shall be at liberty to discharge the cargo or such
part of it as may be affected by the prohibition at any
safe
|
place
on which they or the master may in their absolute discretion decide and
which is not subject to the prohibition, and such discharge shall
constitute due performance of the contract contained in this xxxx of
lading so far as the cargo so discharged is concerned".
The
foregoing provision shall apply mutatis mutandis to the charter, the
reference to a xxxx of lading being deemed to be references to this
chapter.
|
|
Law
and
Litigation
|
41. (a) This charter
shall be construed and the relations between the parties determined in
accordance with the laws of England.
(b)
Any dispute arising under this charter shall be decided by as per LMAA Arbitration Clause
(see clause 27 of the rider) the English Courts
to whos jurisdiction the parties hereby agree.
(c)
For smaller disputes
upto US$ 100,000 the small claim procedure laid by the London Maritime
Arbitrators Association and any subsequent amendment thereto shall
apply.
(d) Notwithstanding
for foregoing, but without prejudice to any party's right to arrest or
maintain the arrest of any maritime property, either party may, by giving
written notice of election to the other party, elect to have any such
dispute referred to the arbitration of a single arbitrator in London in
accordance with the provisions of the Arbitration Acx 0000, or any
statutory modification or re-enactment thereof for the time being in
force.
(i) A party shall
lose its right to make such an election only if:
(a) It receives
from the other party a written notice of dispute
which.
(1) States
expressly that a dispute has arisen out of this
charter;
(2) Specifies the
nature of the dispute; and
(3) Refers
expressly to this clause 41 (c)
and
(b) It fails to
give notice of election to have the dispute referred to arbitration not
later than 30 days from the date of receipt of such notice of
dispute
(ii) The parties
hereby agree that either party may
(a) appeal to High
Court on any question of law arising out of an award;
(b) apply to the
High Court for an order that the arbitrator state the reasons of his
award;
(c) give notice to
the arbitrator for that a reasoned award is required;
and
(d) It shall be a
condition precedent to the right of any party to a stay of any legal
proceedings in which maritime property has been, or may be, arrested in
connection with a dispute under this charter, that that party furnishes to
the other party security to which that other party would have been
entitled in such legal proceedings in the absence of a
stay.
|
Construction
|
42. The side headings have been included
in this charter for convenience of reference and shall in no way affect
the construction hereof.
"Charterers"
Additional Clauses from No.1 to No. 40 attached hereto are to be
incorporated into this Charter Party.
|
The
Owners :
|
|||
The
Charterers :
|
ADDITIONAL
CLAUSES
TIME CHARTER PARTY
DATED
1. VESSEL'S DESCRIPTION
CLAUSE
Owners
guarantee the following speed/consumption in moderate weather up to and
including Beaufort Scale Force 5 excluding voyages of less than 24 hours and
areas such as restricted channels and where slow speed is required by
authorities of the port. Calculation to be made from full away on leaving last
pilot to end of seapassage,
Class:
ABS +Al (E), Crude and Oil Product Carrier, +AMS, +ACCU, SH, SHCM, ReS, VBC(-L)
Deadweight:
72,515 mt
Gross
Tonnage: Net Tonnage:
|
41,526
mt
20,970
mt
|
Main
dimensions:
LOA:
227.8 Metres
LBP: 219
Metres
Beam:
32.24 Metres
Depth:
20.6 Metres
Cargo
cubic capacity (including slop tanks)(98%): 83,058.20 m3
Main
engine/power: MAN B&GW6S60MC — 14,100 BHP
Speed/consumption
All
consumption expressed in tonnes of IFO 380 per day, unless otherwise specified.
Consumption up to Beaufourt 5 included, at service speed.
Ballast
|
Laden
|
14.5
knots on 37.0 mt + 3.0 mt
|
14.0
knots on 37.0 mt + 3.0 mt
|
Maintain
Cargo Temperature upto 135 F
|
10
mt Ifo
|
Increase
Temperature from 44 To 66 C
|
|
(Air
0 Deg - Sea 5 Deg) in 96 Hours
|
120
mt Ifo/Total
|
Inerting
all tanks by IGS
|
20
mt Ifo per 36 Hrs or 13.3 mt Ifo per day
|
Diesel
generator idle
|
3.0
mt Ifo
|
Boilers
idle
|
4.0
mt Ifo
|
Discharging
in 24 hrs
|
32.0
mt Ifo + 12.0 Mt of mgo
|
Loading
|
10.0
mt Ifo
|
Ballasting/Deballasting
|
8.0 mt Ifo X 12 Hrs
|
|
|
Butterworth all tanks about 36 hrs
|
17.0 mt Ifo
|
Vessels full description as given and vessel speed and consumptions are
guaranteed as average speed for voyages over 24 hrs and subject to vessel not
remaining idle in tropical waters for more than 15 days, Actual speed and
consumptions are to be compared against the TCP figures above and shall be
mutually revised/agreed between Owners and Charterers after six months of
trading however final consumptions to be in line for with those of similar
vessels/engines. No claims in respect of the Vessel's performance shall be
submitted by either party during the first six months of trading. The speed and
consumption so agreed by Owners and Charterers to be included into an addendum
to be attached to this TCP.
Cargo System/pumps:
|
3 steam driven centrifugal pumps of 2,000 Cu M/hr each |
|
|
Ballast system/pumps:
|
2
electric driven centrifugal pumps of 1,200 Cu M/hr each
|
|
|
Auxiliary
boilers:
|
2
Aalborg 2.0 ton/hr x 16.6 Kg/cm2
|
Exhaust:
|
1 Kangrim 1.0 ton/hr x 6 Kg/em2
|
|
|
Mooring equipment: | according to OCIMF requirements |
Lifting equipment: | 1 hose handling crane 15 mt |
2. COFR
CLAUSE
If U.S.A.
trade all cost payable per call related to COFR and OPA 90 to be paid by
Charterers to Owners against relevant documents, Owners to pass any relevant
discount on the above to Charterers.
3. TRADING LIMITS
CLAUSE
Vessel to
trade between good and safe ports/places, always afloat, worldwide within the
current Institute Warranty Limits, however excluding: Albania, Turkish
controlled Cyprus, Arab League boycotted countries, Sierra Leone, Liberia,
Haiti, Orinoco river, Caripito, Somalia, Eritrea,Yugoslavia and former
Yugoslavian republics (but including Omisalj and Rijeka), North Korea, Kampuchea
and Vietnam, any voyage which will incur the risk of black listing and/or
boycotting, war zones as defined by Lloyds of London and any other areas to
which restrictions may be imposed by the United States, or the United Nations,
or the flag state, The vessel is not allowed to trade Cuba during the last 6
months of the c/p. The vessel can trade Israel on a case-by-case basis and
subject to the Owner's consent, Charterers may be allowed to order the ship to
any war zones as defined by Lloyd's of London upon payment by Charterers of any
additional insurance premiums required by the vessel's underwriters for such
breach subject to owners prior consent which shall not be unreasonably withheld.
Charterers may be allowed to breach Institute Warranty Limits, however breach of
IWL to be always subject to owners/head owners approval on a case by case basis
and upon payment by Charterers of any additional insurance premiums required by
the Vessel's Underwriters for such breach. Vessel not to force ice nor follow
ice-breakers,
4. EXXON DRUG
CLAUSE
Owners
warrant that it has a policy on drug and Alcohol abuse ("Policy") applicable to
the vessel which meets or exceeds the standards in the Oil International Marine
Forum Guidelines for the Control of Drug and Alcohol onboard Ship. Under the
Policy, alcohol impairment shall be defined as a blood alcohol content of 40
mg/I00 ml or greater; the appropriate seafarers to be tested shall be all
vessel's officers and the drug / alcohol testing and screening shall include
unannounced testing in addition to routine medical examinations. An objective of
the Policy should be that the frequency of the unannounced test be adequate to
be as an effective abuse deterrent, and that all officers to be tested at least
once a year through a combined program of announced testing, and routine medical
examinations. Owners further warrant that the policy will remain in effect
during the term of this charter and that the owners shall exercise due diligence
to ensure that the policy is complied with,
5. DETENTION
CLAUSE
Should
the vessel be seized or detained by any authority or arrested at the suit of any
party having or purporting to have a claim against any interest of the vessel
borne by the owner, hire shall not be payable in respect of any period during
which the vessel is not at Charterers' use and all extra expenses shall be for
Owners' account.
6. STS -
LIGHTERING CLAUSE
Owners
shall allow transfer of cargo between the vessel and another vessel made fast
alongside or while underway. However such procedure always subject to master's
approval and to be in accordance with the ICS/OCIMF Ship to Ship Transfer guide
(Petroleum), All extra equipment required and extra expenses incurred for such
transfer operation shall be provided by Charterers for their
account,
7. FINANCIAL
RESPONSIBILITY IN RESPECT OF POLLUTION CLAUSE
(1)Owners warrant that
throughout the currency of this Charter they will provide the vessel with
the following
certificates:
(a) Certificates
issued pursuant to the Civil Liability Convention 1969 (`CLC"), and pursuant to
the 1992 protocols to the CLC, as and when in force
(b) Certificates
issued pursuant to the Section 1016 (a) of the Oil Pollution Xxx 0000, and
Section 108 of the Comprehensive Environmental Response, Compensation and
Liability Xxx 0000, as amended in accordance with Part 138 of Coast Guard
Regulations 3 CFR, so long as these can be obtained by the owners from or by
(identify the applicable scheme or schemes)
(c) Any other
similar certificates of responsibility which may be required of Owners during
the currency of this Charter Party to the extent that such certification can be
readily and commercially obtained such that a prudent owner trading for his own
account would obtain such certification.
(2)
Notwithstanding anything whether printed or typed herein to the
contrary,
(a) save as
required for compliance with paragraph (1) hereof, owners shall not be required
to establish or maintain financial security or responsibility in respect of oil
or other pollution damage to enable the vessel lawfully to enter, remain or
leave any port, place, territorial or contiguous waters of any country, state or
territory in performance of this Charter
(b) Charterers
shall indemnify owners and hold them harmless in respect of any loss, damage,
liability or expense (including but not limited to the costs of any delay
incurred by the vessel as a result of any failure by the charterers promptly to
give alternative voyage orders) whatsoever and howsoever arising which owners
may sustain by reason of any requirement to establish or maintain financial
security or responsibility in order to enter, remain in or leave any port, place
or waters, other than to the extent provided in paragraph (1)
hereof.
(c) Owners
shall not be liable for any loss, damage, liability or expense whatsoever and
howsoever arising which charterers and/or the holders of any xxxx of lading
issued pursuant to this Charter may sustain by reason of any requirement to
establish or maintain financial security or responsibility in order to enter,
remain or leave any port, place or waters, other than to the extent provided in
paragraph (1) hereof.
(3)
|
Owners
warrant that they have and will maintain through the period of this
charter party
the Standard Oil Pollution Insurance cover issued by the vessel's P
& I club (currently USD One
billion)
|
(4)
|
if
requested by Charterers, Owners shall promptly furnish to the Charterers
proper evidence of such P & I Insurance and Excess Insurance
immediately upon signing this charter or any time during the charter term.
The above warranty is to be regarded as an essential part of this charter,
which is conditional on its truth or performance, so that the breach
entitles the charterers in eharterer's option, to terminate the charter
and/or recover any damages allowable in
Law.
|
Charterers
warrant that terms of this clause will be incorporated effectively into any xxxx
of lading issued pursuant to this charter,
8. NOTICE
CLAUSE
Owners
and Charterers to give delivery/re-delivery notices, respectively: 15, 10 days
approximate and 7, 5, 3, 2, 1 days definitive,
9. ENGLISH
LANGUAGE CLAUSE
Owners/Managers
undertake to have English speaking personnel available to ensure appropriate
communications between Chatterers/Owners/Managers/Agents/ Authorities/ Terminal
Officials.
10. CHANGE OF
OWNERSHIP CLAUSE
Throughout
the duration of this Charter party, the Owners shall have the right to sell the
vessel or to change management of the vessel, subject to the prior consent of
Charterers, which shall not be unreasonably withheld.
11. REMEASURING
CLAUSE
Owner
guarantee to immediately upon Charterers' request remeasure the vessel's DWT for
the purpose of satisfying certain port/terminal regulations; such remeasurement
will be performed by the Vessel's Registry subject availability and in
accordance to the Vessel's Flag state regulations. All time and expenses for
remeasurement to be for the Charterers' account against Owners' proper
documentation and invoice.
12. ITF
CLAUSE
Ref. to clause 1. Owners warrant that
the vessel has I.T.F. or
equivalent certificate on board. In any event of the vessel being delayed
by no compliance with the above or being rendered inoperative by strikes, labour
stoppages, or by any difficulties due to vessel flag, ownership, crew, terms of
employment of officers or, crew, or any other vessel under the same ownership,
operation or control, all time lost is to be considered as off hire and expenses
to be for Owners' account.
13. IGS/SBT/COW
SYSTEMS CLAUSE
Owners
warrant that the vessels is equipped with an inert gas system and segregated
ballast tanks on board the vessel and said system are in working order and shall
be operational during the duration of this charter,
In the
event is required by terminal personnel or independent inspectors to breach the
inert gas system for the purpose of gauging, sampling, temperature determination
or ascertaining remaining on board quantities after discharge, the master shall
comply with these requirements consistent with safe operation of the vessel and
regulations of the port.
If
requested by Charterers, Owners agree to conduct crude oil washing of all cargo
tanks at discharge port(s) simultaneously with discharge
operations.
If the
above systems are not in good working conditions due to the vessel/crew/Owners'
negligence and is causing delay in vessel's normal operations, the vessel will
be put off hire for such time actually lost and bunkers consumed shall be for
Owners' account.
14. HEATING
CLAUSE
Vessel to
load cargo up to and maximum 165 degrees Fahrenheit. Vessel to be able through
the time charter period to maintain the cargo temperature up to maximum of 135
degrees Fahrenheit. Vessel to heat up to 10 degrees Celsius in 96 hours, but
cargo temperature never to exceed 145 degrees
Fahrenheit.
15. CLEANING
VESSEL CLAUSE
Owners/Master
to be at Charterers' disposal for all tank cleaning making full use of the
vessel's crew and equipment. Owners, master and crew to use best endeavour to
minimise cleaning time and expenses.
16. CAST
IRON CLAUSE
Owners
warrant that all riser valves and fittings, outboard of the last fixed rigid
support to the vessel's deck that are used in the transfer of cargo or ballast
will be made of steel or nosular iron and that only one steel reducer or spacer
will be used between the vessel's valve and the loading arm. The fixed rigid
support must be designed to prevent both lateral and vertical movement of the
transfer manifold
17. CARGO
RETENTION CLAUSE
In the
event that any cargo remain on board upon completion of discharge, Charterers
shall have the right to claim against Owners an amount equal to the FOB port of
loading value of such cargo plus freight due with respect thereto, provided that
volume of such cargo is liquid, pumpable and reachable by vessel's normal
discharge equipment as determined by an independent surveyor. The independent
surveyor to be mutually agreed by both parties,
18. ELIGIBILITY
CLAUSE
Owners
warrant the vessel is in all respects eligible under applicable conventions,
laws and regulations for trading to the ports and places as specifies under this
time charter. Owners warrants that vessel should have onboard for inspection by
the appropriate authorities, all certificates, records, compliance letters,
contingency plans and other documents required for such service, including but
not limited to, the US Coast Guard Certificate of Financial Responsibility and
the Certificate required by the International Convention on Civil Liability for
Oil Pollution Damage 1969,
as amended.
Owners
further warrant that the vessel does, and will comply with all applicable
conventions, laws, regulations and ordinances of any international, national
states or local government entity having jurisdiction including but not limited
to the US. Port and Tanker Safely Ad, as amended, the US Federal Water Pollution
Control Act as amended, the International Convention for the Prevention of
Pollution from Ships (MARPOL 1973) as amended together with 1978 protocol and
1984 amendments thereto and the International Convention for Safety of Life at
Sea (SOLAS 1974) as amended together with 1978 Protocol and 1981/1 983 amendment
thereto, IMO regulations.
Any
delays, losses, expenses or damages arising as a result of failure to comply
with this clause, shall be for Owner's account and charterers shall not be
liable for any delay caused by Vessel's failure to comply the above
warranties.
Notwithstanding
any other provisions to the contract, if during the currency of the Time Charter
party any laws and/or regulations are appraised and engaged prohibiting or
restricting the employment of the vessel in her reasonably intended trade,
Charterers shall without prejudice have the option to cancel the Time Charter
Party, unless Owners decide to make the vessel in full compliance with such laws
and/or regulations whereby the vessel can trade fully and freely according to
the terms of the Charter Party.
19. COMPLIANCES
WITH REGULATIONS CLAUSE
Owners
warrant that all trading certificates will remain valid during the course of
this Chatter Party and the vessel will comply with all regulations in force al
the ports within the trading range, as defined in C1.3 of this
rider. If vessel fails to comply with the above, any damages, costs, delays or
losses incurred will be, in any ease, for Owners account and Charterers shall
have the option to put the vessel off-hire. Vessel shall not be put off-hire for
alleged non-compliances only.
Should
new legislations, rules and regulations ho adopted by any country, government
body of other legislative authority so to affect the tradability of the vessel
to any country, port or place under the terms of this charter party, then Owners
and Charterers undertake to act reasonably in all circumstances, in a spirit of
good cooperation, to discuss and find the right solution(s).
20. LIBYAN
CERTIFICATE CLAUSE
If
required for calls to Libya, Charterers shall arrange for the Vessel's
certificates to be translated into the Arabic language for their risk and time,
and at Charterers' cost for the translation.
21. O.C.I.M.F.
CLAUSE
Ref, to
Clause 1, Owners warrant that the vessel fully complies with Standards and
Recommendations OCIMF for Oil Tankers, 1981 International safety Guide for Oil
Tankers and Terminals, Standards for Oil Tankers Manifold and Associated
Equipment (latest edition), Ship to Ship Transfer Guide (Petroleum) (latest
edition) and Recommendation for Equipment Employed in the mooring of the Ship at
single point Moorings (latest edition) and any future amendment
thereto.
Should
new legislations, rules and regulations adopted by any country, government body
of other legislative authority so to affect the tradability of the vessel to any
country, port or place under the terms of this charter party, then Owners and
Charterers undertake to act reasonably in all circumstances, in a spirit of good
cooperation, to discuss and find the right solution(s).
22. VETTING
CLAUSE
1..Throughout the duration of this
charter, owners to arrange for the following oil company inspections at
their time and expense: bp, shell, exxon/mobil, chevrontexaco and total, subject
always to (i) the vessel's trading pattern, (ii) the oil company's acceptance
criteria regarding new building vessels, (iii) the availability of inspectors at
that time and (iv) that owners requests for vetting inspections are not declined
unreasonably for oil companies' reasons.
2. however,
since the vessel is a new building, owners shall be granted a period of 3
(three) months from the completion of the first voyage under this charter to
have the vessels inspected by the majors listed above, but always subject to the
limitations provided in subparagraph (1) above.
3. if during
the charter period, the vessel is found to be unacceptable by any of the major
oil companies, listed in subparagraph (1) above, owners will immediately take
steps to rectify any outstanding deficiencies at owners' expense and shall have
the vessel re-inspected by the involved major oil company as soon as
practicable, but always subject to the limitations provided in subparagraph (1)
above.
4. in the
event that
(a) either
the vessel fails to obtain the acceptance(s) as per paragraph 2) above and she
remains unacceptable for one or more oil companies for sixty (60) days after the
time limit provided therein are expired, or
(b) the
vessel remains unacceptable for any of the above major oil companies as per
paragraph 1) above for 45 days after she has been found unacceptable as per
paragraph 3) above,
charterers
shall have the right to put the vessel off-hire until missing acceptance(s) are
reinstated, always subject to the limitations provided in subparagraph (1)
above
5 the
Owners will endeavour to arrange for newbuilding inspection from as many oil
companies as possible before delivery.
23. PERIOD AND
OPTION
Owners
agree to let and Charterers agree to hire the vessel for a period of five (5)
years plus/minus thirty (30) days in Charterers option.
24. PUMPING
CLAUSE
Owners
warrant vessel is capable of discharging her entire cargo within 24 hours or
maintain 100 PSI at ship's rail provided shore facilities are capable of
receiving same. If vessel fails to maintain this discharge rate, Owners are to
instruct master to clarify by protest letter or remarks in time sheets,
countersigned by receivers, the reason of such failure. If vessel's performance
is below above referenced standard and pumping is delayed due to vessel's
deficiency, owners shall be responsible for any excessive pumping time and
should it become necessary to withdraw the vessel from the berth all expenses
are to be for Owners' account and time to be considered off-hire. Additional
time to be allowed for COW in accordance with vessel's technical
description.
25. LOI
CLAUSE
STANDARD
FORM LETTER OF INDEMNITY TO BE GIVEN IN RETURN FOR DELIVERING CARGO WITHOUT
PRODUCTION OF THE ORIGINAL XXXX OF LADING
[P&I
wording to be included]
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
[P&I
wording to be included]
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.
[P&I
wording to be included]
26. OVERPERFORMANCES
CLAUSE
Notwithstanding
anything contained in clause 24 hereabove, Charterers will not pay more than the
rate provided in clause 8 and Owners are not entitled to ask compensation for
vessel overperformances.
27. LMAA
ARBITRATION CLAUSE
All
disputes or differences arising out of this contract which cannot be amicably resolved shall be
referred to arbitration in London. Unless the parties agree upon a sole
arbitrator, one arbitrator shall be appointed by each party. In the case of
arbitration on documents, if the two arbitrators so appointed are in agreement
their decision shall be final. In all other cases the arbitrators so appointed
shall appoint a third arbitrator and the reference shall be the three-man
tribunal thus constituted.
If either
the appointed arbitrators refuses to act or is incapable of acting, the party
who appointed him shall appoint a new arbitrator in his place.
If one
party fails to appoint an arbitrator, whether originally or by way of
substitution for two (2) weeks after the other party, having appointed his
arbitrator, has (by telex or letter) called upon the defaulting party to make
the appointment, the president for the time being of the London Maritime
Arbitrators Association, shall upon application of the other party, appoint an
arbitrator on behalf of the defaulting party and that arbitrator shall have the
like powers to act in the reference and make an award (and, if the case so
requires, the like duty in relation to the appointment of a third arbitrator) as
if he had been appointed in accordance with the terms of the
agreement,.
This
contract is governed by English Law and there shall apply to all proceedings
under this clause the Terms of the London Maritime Arbitrators Association
current at the time when the arbitration proceeding were commenced. All
appointees shall be member of the Association.
28. I.T.O.P.F.
CLAUSE
Notwithstanding
anything to the contrary in this Charter, there shall be no obligation upon the
Owner or the Vessel to be a participant in the tanker Owners voluntary agreement
concerning liability for oil pollution dated January 7th. 1969 as amended
("TOVALOP"). Owner, however, warrants that it is a member of the International
Tanker Owners Pollution Federation ("ITOPF") and that Owner will retain such
membership during the entire period of the services of the Vessel under this
Charter.
29. VESSEL'S
MAINTENANCE CLAUSE
Upon
reasonable notice, Owners to give to Charterers reasonable access to all
documents regarding the vessel's performances whether aboard, ashore in Owners'
or Owners Management's office together with reasonable access to the vessel for
inspection purposes.
Owners
and Charterers agree that a meeting will take place as often as necessary, but
al least twice a
year,
between Owners and Charterers' technical staff in order to review and ensure
prompt settlement of any technical problem that may have arisen,
During
the charter party period(s), the Charterers to have the option every six (6)
months to arrange for an independent surveyor to inspect the vessel at
Charterers cost and expenses. The copy of the inspection report to be supplied
to both Owners and Charterers.
30. VESSEL'S FLAG
AND CLASSIFICATION SOCIETY CLAUSE
For the
duration of the charter party period the Owners will register the vessel into
the Xxxxxxxx Islands Registry and fly its flag. The vessel was built and is
classed under ABS and the Owners intend to maintain this classification during
the period of the Charter Party. Owners have the option to change classification
within the IACS group for important reasons only.
War
Clause
(clause
n. 33 of Intertanktime 80 in substitution of 'War Risk Clause' n. 35 of
Shelltime 4)
31. ADDITIONAL
WAR EXPENSES CLAUSE
If the
Vessel is ordered to trade in areas were there is war (de facto or de jure) or
/and where the area in question has been declared additional war risk premium
areas by the Vessel's war risk insurers. Charterers shall reimburse Owners for
any additional insurance premia, crew bonuses and other expenses which are
reasonably incurred by Owners as a consequence of such orders, provided that
Charterers are given notice of such expenses as soon as practicable and in any
event when such expenses are incurred, and provided further that Owners obtain
from their insurers a waiver of any subrogated rights against Charterers in
respect of any claim by owners under their war risk insurance arising out
compliance with such orders. For the purpose of this Charter Party, Charterers
liability for war risk insurance premiums is to be based upon the insured value
of the Vessel, which at delivery is United States Dollars (insured value to be
advised) Charterers to benefit from rebates from hull insurers on war risk
insurance premiums.
32. WAR RISKS
CLAUSE
(a) The
Master shall not be required or bound to sign Bills of Lading for any place
which in his or Owners' reasonable opinion is dangerous or impossible for the
Vessel to enter or reach owing to any blockade, war, hostilities, warlike
operations, civil war, civil commotions, or revolutions.
(b) If in
reasonable opinion of the Master or Owners it becomes, for any of the reasons
set out in Clause 32 (a) or by the operation of international law, dangerous,
impossible or prohibited for the Vessel to reach or enter, or to load or
discharge cargo at, any place to which the Vessel has been ordered pursuant to
this Charter, (a "place of peril"), then Charterers or their agents shall be
immediately notified by telex or radio messages, and Charterers shall thereupon
have the right to order the cargo, or such part of it as may be affected, to be
loaded or discharged, as the case may be, at any other place within the trading
limits of this Charter (provided such other place is not itself a place of
peril). If any place of discharge is or become a place of peril, and no orders
have been received from Charterers or their agents within 48 hours after
dispatch of such messages, then Owners shall be at liberty to discharge the
cargo of such part of it as may be affected at any place which they or the
Master may in their or his descretion select within the trading limits of this
charter and such discharge shall be deemed to be due fulfilment of Owner's
obligations under this Charter so far as cargo so discharge is
concerned.
(c) The
Vessel shall have liberty to comply with any directions or recommendations as to
departure,
arrival,
routes, ports of call, stoppages, destinations, zones, water, delivery or any
other wise whatsoever given by the government of the state under whose flag of
the Vessel sails or any other government or local authority or by any person or
body acting or purporting to act as or with the authority of any such government
or local authority including de facto government or local authority or by any
committee or person having under the terms of war risks insurance
on the
Vessel the right to give any such directions or recommendations. If by reason of
or in compliance with any such directions or recommendations anything is done or
is not done, shall not be deemed a deviation.
If by
reason of or in compliance with any such direction or recommendation the Vessel
does not proceed to any place of discharge to which she has been ordered
pursuant to this Charter, the Vessel may proceed to any place which the master
or Owners in his or their opinion select and their discharge the cargo or such
part of it as may be affected.
Such
discharge shall be deemed to be due fulfilment of Owners' obligations under this
Charter so far as cargo so discharged is concerned.
Charterers
shall procure that all Xxxx of Lading issued under this Charter shall contain
the Chamber of Shipping War Risks clause 1952. See clause 31 (Additional War
Expenses).
Owners to
be entitled to insure their interest in the vessel for such terms as they deem
fit up to its total insured value and also in the hire against any of the risks
likely to be involved thereby, and Charterers shall make refund on demand of any
additional premium thereby incurred and
1
Notwithstanding the terms of Clause 20 hire shall be payable for all time lost
including any loss owing to loss or injury to the Master, officers or crew or to
refusal by the Master, officer or crew to proceed to such zone or to be exposed
of such risks.
2. In the
event of the wages of the Master and/or officers and/or crew and/or the cost of
provisions and/or stores for deck and/or engine room and/or insurance being
increased by reason of or during the existence of any of the matter mentioned in
Section (A) the amount of any increase shall be added to the hire and paid by
the Charterers on production of Owners' account thereof.
Furthermore,
notwithstanding any
other provision of this Charter Party, any war bonus payable to Master
and/or officers and/or crew shall be for Charterers' account,
33 VESSEL'S
TRACKING CLAUSE
It is
agreed that Charterers may from the time of fixing until completion of the
Charter period employ an Inmarsat C Tracking system on the Vessel. All
registration/communication costs relating to this tracking system will be for
the Charterers' account. Charterers will advise when the system is operative and
confirm termination upon completion of Charter. Owners to supply lnmarsat C
number (9 digits, beginning with 4), manufacturer, make etc, model No., terminal
S/W version prior to vessel's delivery.
00 XXX X&X
LIABILITIES INCLUSION CLAUSE
Owners to
ensure that Hull War Risk insurance incorporates provisions for War P & I
liabilities inclusion clause.
35 SECURITY
CLAUSE (replaced by Xxxxxx ISPS clause for
TCP)
(a) (i)
From the date of coming into force of the International Code for the Security of
Ships and of Port Facilities and the relevant amendments to Chapter XI of SOLAS
(ISPS Code) in relation to the Vessel and thereafter during the currency of this
Charter Party, the Owners shall procure that both the Vessel and "the Company"
(as defined by the ISPS Code) shall comply with the requirements of
the
ISPS Code
relating to the Vessel and "the Company". Upon request the Owners shall provide
a copy of the relevant International Ship Security Certificate (or the Interim
International Ship Security Certificate) to the Charterers. The Owners shall
provide the Charterers with the full style contact details of the Company
Security Officer (CSO),
(ii) Except as otherwise provided in this
Charter Party, loss, damage, expense or delay, excluding consequential loss,
caused by failure on the part of the Owners or "the Company" to comply with the
requirements of the ISPS Code or this Clause shall be for the Owners'
account.
(b) (i) The Charterers shall provide the CSO and
the Ship Security Officer (SSO)/Master with their full style contact details
and, where sub-letting is permitted under the terms of this Charter Party, shall
ensure that the contact details of all sub-charterers are likewise provided to
the CSO and the SSO/Master. Furthermore, the Charterers shall ensure that all
sub-charter parties they enter into during the period of this Charter Party
contain the following provision:
"The
Charterers shall provide the Owners with their full style contact details and,
where sub-letting is permitted under the terms of the charter party, shall
ensure that the contact details of all sub-charterers are likewise provided to
the Owners",
(ii) Except as otherwise provided in this
Charter Party, loss, damage, expense or delay, excluding consequential loss,
caused by failure on the part of the Charterers to comply with this Clause shall
be for the Charterers' account.
(c) Notwithstanding
anything else contained in this Charter Party all delay, costs or expenses
whatsoever arising out of or related to security regulations or measures
required by the port facility or any relevant authority in accordance with the
ISPS Code including, but not limited to, security guards, launch services, tug
escorts, port security fees or taxes and inspections, shall be for the
Charterers' account, unless such costs or expenses result solely from the
Owners' negligence. All measures required by the Owners to comply with the Ship
Security Plan shall be for the Owners' account.
(d) If either
party makes any payment which is for the other party's account according to this
Clause, the other party shall indemnify the paying party.
36. AIR POLLUTION
CLAUSE
Owners
will endeavour to comply with IMO Regulations regarding air pollution, however
Charterers always to provide bunkers to the Vessel in compliance with applicable
IMO Regulations.
37. LAY-CAN AND
NON-DELIVERY CLAUSE.
Deleted -
not
applicable
38. BUNKER
QUALITY CLAUSE
A.
|
charterers
to ensure that bunkers supplied during the currency of this charter shall
be suitable for the vessel's engines, charterers to supply: fueloil 380
cst (iso 8217:1996(e) (and as subsequently amended) (grade ring 35) and
mgo dma.
|
B.
|
without
prejudice to anything else contained in this charter party, the charterers
shall supply fuels of such specifications and grades to permit the vessel,
at all times, to comply with the maximum sulphur content requirements of
any emission control zone when the vessel is ordered to trade within that
zone.
the charterers also warrant that any bunker suppliers,
bunker craft operators and bunker surveyors used by the charterers to
supply such fuels shall comply with regulations 14 and 18 of marpol annex
vi, including the guidelines in respect of sampling and the provision of
bunker delivery notes. The Charterers shall indemnify, defend and hold
harmless the owners in respect of any
loss,
|
liability,
delay, fines, costs or expenses arising or resulting from the charterers'
failure to comply with this sub-clause (b).
C.
|
provided
always that the charterers have fulfilled their obligations in respect of
the supply of fuels in accordance with sub-clause (b), the owners warrant
that:
|
|
(i)
|
the
vessel shall comply with regulations 14 and 18 of marpol annex vi and with
the
|
requirements
of any emission control zone; and
(ii) the vessel
shall be able to consume fuels of the required sulphur content
when
ordered by the charterers to trade within any such zone
subject
to having supplied the vessel with fuels in accordance with sub-clause (b), the
charterers shall not otherwise be liable for any loss, delay, fines, costs or
expenses arising or resulting from the vessel's failure to comply with
regulations 14 and 18 of marpol annex vi.
D.
|
for
the purpose of this clause, "emission control zone" shall mean zones as
stipulated in marpol annex vi and/or zones regulated by regional and/or
national authorities such as, but not limited to, the eu and the us
environmental protection agency
|
E.
|
owners
use fobas (lloyds) petroleum services analysis or equivalent for
determining bunker quality which charterers also recognize. charterers
recognizing and accepting vps applied test methods and written sampling on
board procedures.
|
F.
|
should
any dispute arise as to the quality of bunkers supplied under this charter
party, then owners and charterers are to immediately agree an independent
surveying firm, specializing in bunker analysis to attend the vessel and
analyse bunkers on board following internationally recognized test methods
such asiso or similar. failing agreement within 72 hours of first
notification of suspected defect in supply owners shall have the right to
appoint their own surveyor whose findings shall be binding on both
parties. if the analysis shows that the supply is out of specification,
charterers to immediately arrange for replacement of the bunkers. all
time, costs, expenses, surveys to be for charterers account. should the
analysis confirm the supply is within specification, all time, costs,
expenses, surveys will be for owners
accounts,
|
G.
|
vessel
to keep some gasoil
on board for cleaning, manoevring and mandatory and operational
equipment.
|
39. MARINE GROWTH
CLAUSE
If the
Vessel stays or is laid up for more than 25 days in a port and/or anchorage
and/or berth, or 15 days in tropical waters then the Owners to notify the
Charterers that the vessel's performance may be affected. Owners will not be
responsible for changes in the Vessel's description of speed and consumptions.
Charterers to have the right to provide for scamping of underwater hull
(against acceptance of Owners letter of indemnity for damages to hull and or
paint (to be provided)), but Owners description to be re-instated only after the
certification by an independent surveyor confirming that the hull state is
recovered, except for fair wear and tear, as it was at the time of Vessel's
delivery,
40. ASSIGNMENT
AND SUBLET CLAUSE
Notwithstanding
any other provision of this charter, Charterers may assign all of their rights
and obligations under the charter to any of Charaterers' related or affiliated
company, subject to Owners approval which shall not be unreasonably withheld.
Charterers shall also have the right to sublet the
Vessel,
but in such an event, Charterers shall always remain responsible to Owners for
the fulfilment of charter in all its terms and conditions, save that the Owners
shall always be entitled to assign the benefit of this charter party to any
bank(s) or other institution(s) in connection with the vessel's
financing.