TIME CHARTER
New York Produce Exchange Form
November 6th, 1913, Amended October 20th, 1921; August 6th, 1931;
October 3rd, 1946, June 12th, 1981
OWNERS DESCRIPTION THIS CHARTER PARTY, made and concluded in ____________,
this ____ day of ___________, 199_ between
__________________ OF OWNERS OF (SEE CLAUSE 28 FOR
DESCRIPTION OF VESSEL, THE ACCURACY OF WHICH IS WARRANTED
BY OWNERS) now and
CHARTERERS _________________ CHARTERERS of ________________________.
DURATION The Owners agree to let and the Charterers agree to hire
the vessel from the time of delivery for (SEE CLAUSE 62)
within below mentioned trading limits.
SUBLET Charterers shall have liberty to sublet the vessel for all
or any part of the time covered by this Charter, but
Charterers shall remain responsible for the fulfillment of
this Charter.
DELIVERY The Vessel shall be placed at the disposal of the Charters
at ____________________________. The Vessel on her delivery
shall be in all respects ready to receive cargo with clean
holds and tight, staunch, strong and in every way fitted
for service UNDER THIS CHARTER AND HAVING BUNKERS ON BOARD
AS REQUIRED BY CLAUSE 3, AND having water ballast and with
sufficient power to operate all cargo-handling gear
simultaneously (and with full complement of officers and
crew for a vessel of her tonnage), PROVIDED ALWAYS THAT NO
DANGEROUS CARGO ACT OR OMISSION OF CHARTERERS OR THEIR AGENTS IN CARRYING
OUT THE ON-HIRE SURVEY OR IN ACCEPTING DELIVERY OF THE
VESSEL SHALL BE DEEMED TO CONSTITUTE ANY WAIVER OF OWNERS'
OBLIGATIONS UNDER THIS CHARTER, to be employed in carrying
lawful merchandise excluding any goods of a dangerous,
injurious, flammable or corrosive nature unless carried in
accordance with ANY APPLICABLE requirements of the proper
authorities of the state of the vessel's registry and of
the states of ports of shipment and discharge and of any
intermediate states or ports through whose waters the
vessel must pass. Without prejudice to the generality of
the foregoing, in addition the following are specifically
excluded: livestock of any CARGO EXCLUSIONS description,
arms, ammunition, explosives.
TRADING LIMITS The vessel shall be employed in such lawful trades
between safe ports and places as the Charterers or their
agents shall direct, on the following conditions:
OWNERS TO 1. The Owners shall provide and pay for the insurance
PROVIDE of the vessel and for all provisions, cabin, deck,
engine-room and other necessary stores, including ALL FRESH
water; shall pay for wages, consular shipping and
discharging fees of the crew and charges for port services
pertaining to the crew (INCLUDING WITHOUT LIMITATION
GARBAGE REMOVAL AND GANGWAY WATCHMEN); shall maintain
vessel's class AT ALL TIMES WITH A CLASSIFICATION SOCIETY
WHICH IS A MEMBER OF THE INTERNATIONAL ASSOCIATION OF
CLASSIFICATION SOCIETIES and SHALL USE DUE DILIGENCE TO
keep her in a thoroughly efficient state in hull, machinery
and equipment for and during the service AND IN FULL
COMPLIANCE WITH ALL CURRENT AND FUTURE APPLICABLE
CONVENTIONS AND/OR LAWS AND/OR REGULATIONS AND/OR
REQUIREMENTS OF THE VESSEL'S STATE(S) OR PLACES(S) OF
REGISTRY AND/OR OWNERSHIP OR OF ANY STATES OR PLACES OR
AREAS TO OR THROUGH WHICH SHE MAY BE DIRECTED UNDER THIS
CHARTER (INCLUDING ST. LAWRENCE SEAWAY, WELLAND CANAL,
PANAMA CANAL, SUEZ CANAL AND ANY OTHER CANAL, PASSAGE OR
RESTRICTED WATERWAY WITH THE LIMITATIONS OF WHICH THE
VESSEL'S DIMENSIONS ARE CONSISTENT), AND ADEQUATELY MANNED
SO AS TO ENSURE THAT THE VESSEL IS ABLE TO OPERATE
CONTINUOUSLY AND WITHOUT INTERRUPTION.
CHARTERERS 2. The Charterers, while the vessel is on hire, shall
TO provide and pay for all the fuel except as otherwise
PROVIDE agreed, port charges, COMPULSORY pilotages, towages,
agencies, commissions, consular charges (except those
pertaining to individual crew members or flag of the
vessel), and all other usual expenses except those stated
in Clause 1, but when the vessel puts into a port for
causes for which CHARTERERS ARE NOT responsible, then all
such charges incurred shall be paid by the Owners.
Fumigations ordered because of cargoes BEING CARRIED OR
PREVIOUSLY carried or ports PREVIOUSLY visited while vessel
is employed under this Charter shall be for Charterers'
account. All other fumigations shall be for OWNERS'
account.
Charterers shall provide necessary dunnage and
shifting boards, also any extra fittings requisite for a
special trade or unusual cargo, but Owners shall allow them
the use of any dunnage and shifting boards already aboard
vessel.
BUNKERS 3. The Charterers on delivery, and the Owners on
ON redelivery, shall take over and pay for all fuel and diesel
DELIVERY oil remaining on board the vessel as hereunder. The vessel
shall be delivered with: BUNKERS - QUANTITIES TO BE AGREED
THREE WEEKS PRIOR DELIVERY of PLATT'S PRICE AT NEAREST MAIN
AND BUNKERING PORT per ton. The vessel shall be redelivered
REDELIVERY with: QUANTITIES OF FUEL AND DIESEL ABOUT SAME AS ON
DELIVERY. PRICES ON REDELIVERY TO BE THE SAME AS ON
DELIVERY. (*Same tons apply throughout this clause)
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RATE OF 4. The Charters shall pay for the use and hire of the
HIRE said vessel IN ACCORDANCE WITH CLAUSE 63 commencing on and
from the HOUR GMT of her delivery, as aforesaid, and at and
after the same rate for any part of a DAY; hire shall
continue until the hour GMT of the day of her redelivery in
like good order and condition, ordinary wear and tear
excepted, to the Owners (unless vessel lost) at DROPPING
REDELIVERY LAST OUTER SEA/SEAWAY PILOT SAFE PORT WORLDWIDE IN
AREAS AND CHARTERERS' OPTION ANY TIME DAY OR NIGHT SUNDAYS HOLIDAY
NOTICES INCLUDED. SEE ALSO CLAUSE 64 REGARDING SEASONAL REDELIVERY
OPTIONS unless otherwise mutually agreed. DURING THE LAST
VOYAGE UNDER THIS CHARTER Charterers shall KEEP Owners
NOTIFIED OF VESSEL'S ITINERARY AND BERTHING/DISCHARGING
PROSPECTS AND ANTICIPATED DATE AND PLACE of vessel's
expected date of redelivery and probable port.
HIRE PAYMENT 5. Payment of hire shall be made so as to be received
AND by Owners or their designated payee in _________________ ,
COMMENCEMENT in United States Currency, in funds available to the Owners
on the due date, semi-monthly in advance DISCOUNTLESS
EXCEPT WHERE OTHERWISE SPECIFIED IN THIS CHARTER PARTY OR
AGREED TO BY OWNERS, and for the last half month or part of
same the approximate amount of hire, and should same not
cover the actual time, hire shall be paid for the balance
day by day as it becomes due, if so required by Owners.
CHARTERS SHALL HAVE THE RIGHT TO WITHHOLD FROM HIRE ANY
OFF-HIRE AND ASSOCIATED EXPENSE, ESTIMATED OWNERS'
DISBURSEMENT, FINES, DEBTS, DAMAGES AND ESTIMATED VALUE OF
REDELIVERY BUNKERS. Failing the punctual and regular
payment of the hire, or on any REPUDIATORY breach of this
Charter, the Owners shall (SUBJECT TO CLAUSE 48) be at
liberty to withdraw the vessel from the service of the
Charterers without prejudice to any claims they (the
Owners) may otherwise have on the Charterers.
CASH Cash for vessel's ordinary disbursements at any port
ADVANCES may, AT THE DISCRETION OF CHARTERERS be advanced, as
required by the MASTER, by the Charterers or their agents,
subject to 2 1/2 percent commission and such advances shall
be deducted from the hire. The Charterers, however, shall
in no way be responsible for the application of such
advances.
BERTHS 6. Vessel shall be loaded and discharged in any dock
or at any ANCHORAGE, MOORING, berth or place that
Charterers or their agents may direct, provided the vessel
can safely lie always afloat at any time of tide, except at
such places where it is customary for similar size vessels
to safely lie aground.
SPACES 7. ALWAYS SUBJECT TO SAFETY, THE whole reach of the
AVAILABLE vessel INCLUDING ITS holds, decks, and usual places of
loading, also accommodations for supercargo, if carried,
shall be at the Charterers' disposal, reserving only proper
and sufficient space for ship's officers, crew, tackle,
apparel, furniture, provisions, AND stores.
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PROSECUTION 8. The MASTER shall prosecute his voyages with THE
OF VOYAGES UTMOST despatch, and shall render all customary assistance
with ship's crew and boats (INCLUDING, WITHOUT LIMITATION,
SWEEPING AND CLEANING HOLDS AND REMOVAL OF DUNNAGE), SEE
CLAUSE 49. The MASTER (although appointed by the Owners)
shall be under the orders and directions of the Charterers
as regards employment and agency (SEE CLAUSE 31); and
Charterers are to perform all cargo handling at their
expense under the supervision AND RESPONSIBILITY of the
MASTER, AND ALWAYS AT OWNERS' RISK AS TO THE TRIM,
STABILITY AND SAFETY OF THE VESSEL. THE MASTER is to sign
the bills of lading for cargo as presented in conformity
BILLS with mate's or tally clerk's receipts. However, at
OF Charterers' option, the Charterers or their agents may sign
LADING bills of lading on behalf of the MASTER always in
conformity with the mate's AND/or tally clerk's receipts.
All bills of lading shall be without prejudice to this
Charter and the Charterers shall indemnify the Owners
against all consequences or liabilities which may arise
from any inconsistency between this Charter and any bills
of lading or waybills signed by the Charterers or their
agents or by the MASTER at their request, UNLESS ARISING
FROM THE ACT OR OMISSION OF THE MASTER OR THE OWNERS OR
THEIR SERVANTS OR AGENTS.
CONDUCT OF 9. If the Charterers shall have reason to be
CAPTAIN dissatisfied with the conduct of the MASTER or officers,
the Owners shall, on receiving particulars of the
complaint, investigate the same, and, if necessary, make a
change in the appointments. THIS PROVISION SHALL BE WITHOUT
PREJUDICE TO ANY OF THE RIGHTS WHICH CHARTERERS MAY HAVE
UNDER THIS CHARTER.
SUPERCARGO 10. The Charterers are entitled to appoint a
AND supercargo, who shall accompany the vessel and see that
MEALS voyages are prosecuted with UTMOST despatch. He is to be
furnished with free accommodation and same fare as provided
for MASTER'S table. Owners shall victual pilots and customs
officers, and also, when authorized by Charterers or their
agents, shall victual tally clerks, stevedore's foremen,
etc., for all such victualling. SEE CLAUSE 55.
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SAILING 11. The Charterers shall furnish the MASTER from time
ORDERS to time with all requisite instructions and sailing
AND LOGS directions, in writing (OR, IF GIVEN ORALLY, TO BE
CONFIRMED IN WRITING), and the MASTER shall keep full,
COMPLETE and correct deck and engine logs of the voyage or
voyages IN THE ENGLISH LANGUAGE, which are to be patent to
the Charterers or their agents UPON DEMAND BOTH BEFORE AND
AFTER REDELIVERY, and furnish the Charterers, their agents
or supercargo, when required, with a true AND COMPLETE copy
of such deck and engine logs, showing the course of the
vessel, distance run and the consumption of fuel AND DIESEL
OIL, TOGETHER WITH ALL OTHER INFORMATION WHICH MAY BE
RELEVANT TO THE ASSESSMENT OF THE VESSEL'S PERFORMANCE.
PROMPTLY AT THE END OF EACH SEA PASSAGE (WHICH EXPRESSION
SHALL BE DEEMED TO INCLUDE PASSAGES WITHIN THE GREAT LAKES
AND ST. LAWRENCE SEAWAY) THE MASTER SHALL COMPLETE AN
ABSTRACT OF LOG(S) IN CHARTERER'S FORM.
VENTILATION 12. The MASTER shall use diligence in THE caring for
AND IN the ventilation of the cargo.
CONTINUATION 13. The Charterers shall have the option of continuing
this Charter for a further period of (SEE CLAUSE 62).
LAYDAYS/ 14. If required by Charterers, time shall not commence
CANCELLING before and should vessel not have given written notice of
readiness on or before , 199 but not later than LOCAL TIME
Charterers or their agents shall have the option of
cancelling this Charter at any time.
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OFF-HIRE 15. In the event of the loss of time, CAUSED BY OR
ARISING from deficiency and/or default AND/OR BREACH OF
ORDERS AND/OR FAILURE TO WORK of MASTER, officers or crew
or deficiency of stores, FRESH WATER OR OTHER NECESSARIES,
fire, breakdown of or damages to, hull, machinery or
equipment, grounding, detention OR DELAY ARISING FROM THE
ARREST OF THE VESSEL OR FROM THE ACTION OF COMPETENT
AUTHORITIES OR by accidents to ship or cargo or by any
other cause WHATSOEVER (PROVIDED NOT RESULTING FROM THE
FAULT OF CHARTERERS OR THEIR SERVANTS OR AGENTS) preventing
the full working AND/OR USE of the vessel, the payment of
hire and overtime, if any, shall cease for the time thereby
lost. Should the vessel deviate or put back during a
voyage, contrary to the orders or directions of the
Charterers, for any reason WHATSOEVER PROVIDED NOT
RESULTING FROM THE FAULT OF CHARTERERS OR THEIR SERVANTS OR
AGENTS, the hire is to be suspended AND THE VESSEL SHALL BE
OFF-HIRE from the time of her deviating or putting back
until she is again in A position NO LESS FAVORABLE TO
CHARTERERS and the voyage resumed therefrom. All fuel used
AND EXPENSES INCURRED by the vessel while off hire shall be
for Owners' account AND MAY BE DEDUCTED FROM HIRE. In the
event of the vessel being driven into port or to anchorage
through EXCEPTIONAL stress of weather, trading to shallow
harbors or to rivers or ports with bars, any detention of
the vessel and/or expenses resulting from such detention
shall be for the Charterers' account
OFF-HIRE (CON'T) If upon ANY voyage the speed be reduced by defect in,
or breakdown OR CONDITION of, any part of her hull,
machinery or equipment, the VESSEL SHALL BE OFF-HIRE FOR
THE time so lost. OFF-HIRE UNDER THIS CLAUSE SHALL BE
WITHOUT PREJUDICE TO ANY OTHER RIGHTS WHICH CHARTERERS MAY
HAVE UNDER THIS CHARTER.
TOTAL 16. Should the vessel be lost, OR DECLARED A
LOSS CONSTRUCTIVE, ARRANGED OR COMPROMISED TOTAL LOST, money
paid in advance and not earned (reckoning from the date of
loss or being last heard of) shall be returned to the
Charterers at once TOGETHER WITH THE VALUE OF ESTIMATED
BUNKERS THEN ON BOARD COSTED AT THE PRICES OF THE VESSEL'S
MOST RECENT BUNKERING. A PROVISION OF SIMILAR EFFECT SHALL
BE INCLUDED BY OWNERS IN ANY ASSIGNMENT OF HIRE.
EXCEPTIONS The act of God, enemies, fire, restraint of princes,
rulers and people, and all dangers and accidents of the
seas, rivers, machinery, boilers and steam navigation, and
NON-NEGLIGENT errors of navigation throughout this Charter,
always mutually excepted.
LIBERTIES The vessel shall have the liberty to sail with our
without pilots, to tow and to be towed, to assist vessels
in distress, and to deviate for the purpose of saving life.
THE VESSEL SHALL BE OFF-HIRE AS PER CLAUSE 15 UNTIL IT HAS
RETURNED TO A POSITION NO LESS FAVORABLE TO CHARTERERS.
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ARBITRATION 17. THIS CHARTER SHALL BE GOVERNED BY ENGLISH LAW
SUBJECT TO THE GENERAL MARITIME LAW OF THE UNITED STATES OF
AMERICA AS APPLIED IN NEW YORK, any dispute OR DIFFERENCE
ARISING between Owners and the Charterers UNDER THIS
CHARTER, shall be referred to three persons at New York,
one to be appointed by each of the parties hereto, and the
third by the two so chosen; their decision, or that of any
two of them, shall be final and for the purpose of
enforcing any award may be made a rule of the Court. The
arbitrators shall be commercial men conversant with
shipping matters. THIS ARBITRATION SHALL BE CONDUCTED UNDER
THE RULES OF THE MARITIME ARBITRATORS IN NEW YORK.
CHARTERERS SHALL BE ENTITLED TO CONSOLIDATE PROCEEDINGS
INVOLVING RELATED CONTRACT DISPUTES WITH THIRD PARTIES
ARISING FROM COMMON QUESTIONS OF FACT OR LAW AND/OR TO HAVE
SUCH PROCEEDINGS CONDUCTED CONCURRENTLY WITH PROCEEDING
HEREUNDER. EITHER PARTY SHALL BE ENTITLED TO REQUEST THE
ARBITRATION PANEL TO DEAL FIRST WITH ISSUES OF LIABILITY
AND/OR PRELIMINARY POINTS OF LAW AND CONSTRUCTION AND TO
ISSUE AN INTERIM AWARD THEREON, AND THE PANEL SHALL NOT
DENY SUCH A REQUEST UNLESS IN THEIR JUDGMENT SUCH A
PROCEDURE MAY PREJUDICE THE RIGHTS OF EITHER PARTY.
LIENS 18. The Owners shall have a lien upon all cargoes and
all sub- freights BELONGING TO CHARTERERS for any amounts
due under this Charter, including general average
contributions, and the Charterers shall have a lien on the
ship for all monies paid in advance and not earned, and any
overpaid hire or excess deposit to be returned at once.
Charterers will not suffer, nor permit to be continued, any
lien or encumbrance incurred by them or their agents, which
might have priority over the title and interest of the
Owners in the vessel.
SALVAGE 19. All derelicts and salvage shall be for Owners' and
Charterers' equal benefit after deducting Owners' and
Charterers' expenses and crew's proportion.
GENERAL General average shall be adjusted IN NEW YORK, according to
AVERAGE York- Antwerp Rules 1974 OR YORK-ANTWERP RULES 1974 AS
AMENDED 1990 OR YORK-ANTWERP RULES 1994 IN CHARTERERS'
OPTION (IT BEING UNDERSTOOD THAT THE EXERCISE OF THIS
OPTION SHALL BE GOVERNED BY THE RELEVANT PROVISIONS OF THE
APPLICABLE SUB-CHARTER OR BILL OF LADING).
YORK- Charterers shall procure that all bills of lading
ANTWERP issued during the currency of the Charter will contain a
provision CONCERNING that general average WHICH IS
CONSISTENT WITH THE ABOVE and will include the "New Jason
Clause" as per Clause 23.
DRYDOCKING 20. The vessel was last drydocked (SEE CLAUSE 45.)
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CARGO GEAR 21. Owners shall maintain the cargo-handling gear of
the ship which is as follows: (SEE CLAUSE 28) IN COMPLIANCE
WITH ALL APPLICABLE REGULATIONS AND REQUIREMENTS OF
RELEVANT FLAG AND PORT STATE AUTHORITIES. Owners shall also
provide on the vessel for night work lights as on board,
SUFFICIENT TO WORK ALL HATCHES SIMULTANEOUSLY. The
Charterers shall have the use of any gear on board the
vessel. If required by Charterers, the vessel shall work,
INCLUDING OPENING AND CLOSING OF HATCH COVERS, night and
day (INCLUDING WEEKENDS AND HOLIDAYS) and all cargo-
handling gear (WHICH EXPRESSION SHALL BE DEEMED TO INCLUDE
ANY MACHINERY ESSENTIAL FOR CARGO OPERATIONS, INCLUDING
WITHOUT LIMITATION MACHINERY FOR OPENING AND CLOSING HATCH
COVERS) shall be at Charterers' disposal AT ALL TIMES.
STEVEDORE In the event of disabled cargo-handling gear, or
STAND-BY insufficient power to operate the same, OR ANY OTHER CAUSE
WHATSOEVER ATTRIBUTABLE TO THE VESSEL OR OWNERS, the vessel
is to be considered to be off hire AS PER CLAUSE 15 FOR ANY
time SO lost to the Charterers AND/OR TO SUB-
CHARTERERS/SHIPPERS/RECEIVERS OF CARGO (WHETHER OR NOT THE
VESSEL IS THEN ON DEMURRAGE) and Owners to pay stevedore,
TUG, PILOT OR OTHER stand-by AND/OR CANCELLATION charges
occasioned thereby. If required by the Charterers, the
Owners are to bear the cost of hiring shore gear in lieu
thereof.
CREW OVERTIME 22. Reserved.
CLAUSES 23. The following clause (OR ONE OF SIMILAR EFFECT) is
to be included in all bills of lading issued hereunder:
PARAMOUNT This bill of lading shall have effect subject to the
provisions of the Carriage of Goods by Sea Act of the
United States, the Hague Rules, or the Hague-Visby Rules,
as applicable, or such other similar national legislation
as may mandatorily apply by virtue of origin or destination
of the bills of lading, which shall be deemed to be
incorporated herein and nothing herein contained shall be
deemed a surrender by the carrier of any of its rights or
immunities or an increase of any of its responsibilities or
liabilities under said applicable Act. If any term of this
bill of lading be repugnant to said applicable Act to any
extent, such term shall be void to that extent, but no
further.
This Charter is subject to the following clauses all
of which are to be included in all bills of lading issued
hereunder:
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NEW BOTH-TO-BLAME If the ship comes into collision with another ship as
COLLISION CLAUSE 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 goods carried
hereunder will indemnify the carrier against all loss or
liability to the other or non- carrying ship or her owners
insofar as such loss or liability represents loss of, or
damage to, or any claim whatsoever of the owners of said
goods, paid or payable by the other or non-carrying ship or
her owners to the owners of said goods 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 ships or
objects other than, or in addition to, the colliding ships
or objects are at fault in respect to a collision or
contact.
NEW In the event of accident, danger, damage or disaster
JASON before or after commencement of the voyage resulting from
CLAUSE any cause whatsoever, whether due to negligence or not, for
which, or for the consequences of which, the carrier is not
responsible, by statute, contract, or otherwise, the goods,
shippers, consignees, or owners of the goods 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
goods.
If a salving ship is owned or operated by the carrier,
salvage shall be paid for as fully as if salving ship or
ships belonged to strangers. Such deposit as the carrier or
his agents may deem sufficient to cover the estimated
contribution of the goods and any salvage and special
charges thereon shall, if required, be made by the goods,
shippers, consignees or owners of the goods to the carrier
before delivery.
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WAR (a) No contraband of war shall be shipped. Vessel
CLAUSES shall not be required, without the consent of Owners, which
shall not be unreasonably withheld, to enter any port or
zone which is involved in a state of war, warlike
operations, or hostilities, civil strife, insurrection or
piracy whether there be a declaration of war or not, where
vessel, cargo or crew might reasonably be expected to be
subject to capture, seizure or arrest, or to a hostile act
by a belligerent power (the term "power" meaning any de
jure or de facto authority or any purported governmental
organization maintaining naval, military or air forces).
(b) If such consent is given by Owners, Charterers
will pay the provable additional cost of insuring vessel
against hull war risks in an amount equal to the value
under her ordinary hull policy. In addition, Owners may
purchase and Charterers will pay for war risk insurance on
ancillary risks such as loss of hire, freight
disbursements, total loss, blocking and trapping, etc. If
such insurance is not obtainable commercially or through a
government program, vessel shall not be required to enter
or remain at any such port or zone.
(c) In the event of the existence of the
conditions described in (a) subsequent to the date of this
Charter, or while vessel is on hire under this Charter,
Charterers shall, in respect of voyages to any such port or
zone assume the provable additional cost of wages and
insurance properly incurred in connection with master,
officers and crew as a consequence of such war, warlike
operations or hostilities.
ICE 24. The vessel shall not be required to enter or
remain in any icebound port, nor any port where lights or
lightships have been or are about to be withdrawn by reason
of ice, nor where there is risk that in the ordinary course
of things the vessel will not be able on account of ice to
safely enter and remain in the port or to get out after
having completed loading or discharging: PROVIDED THAT
OWNERS SHALL NOT BE ENTITLED TO RELY ON THIS CLAUSE UNLESS
THE VESSEL HAS PROCEEDED AS CLOSE AS IT REASONABLY CAN TO
SUCH PORT AND THE MASTER, HAVING CONSULTED THE COMPETENT
AUTHORITIES, HAS RECEIVED THEIR ADVICE THAT TO PROCEED WILL
ENDANGER THE VESSEL. IT IS ACKNOWLEDGED BY BOTH PARTIES
THAT THE ULTIMATE DECISION WHETHER OR NOT TO PROCEED MUST
REST WITH THE MASTER ACTING REASONABLY. (SEE CLAUSE 50).
NAVIGATION 25. Nothing herein stated is to be construed as a
demise of the vessel to the Time Charterers. The Owners
shall remain responsible for the navigation of the vessel,
acts of pilots and tug boats, insurance, crew, and all
other similar matters, same as when trading for their own
account AND SHALL INDEMNIFY CHARTERERS AGAINST ANY CLAIMS
FROM THIRD PARTIES PROVIDED THESE THIRD PARTIES CLAIMS ARE
RESULTING FROM ACT OR OMISSION OR OWNERS IN RELATION TO THE
ABOVE WITHOUT PREJUDICE TO CLAUSE 48.
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COMMISSIONS 26. A commission of percent is payable by the vessel
and Owners to on hire earned and paid under this Charter,
and also upon any continuation or extension of this
Charter.
ADDRESS 27. An address commission of is payable to CHARTERERS
on hire earned and paid under this Charter.
RIDER Rider Clauses NUMBER 28 THROUGH 64 as attached hereto are
incorporated in this Charter.
For CHARTERERS For OWNERS
This Charter is a computer-generated copy of the
ASBATIME (1981) form printed under license from
the Association of ShipBrokers and Agents
(U.S.A.), Inc., using software which is the
copyright of Strategic Software Limited.
IT IS A PRECISE COPY OF THE ORIGINAL DOCUMENT
(BUT EXCLUDING THE RIDER OF SUGGESTED ADDITIONAL
CLAUSES) WHICH CAN BE MODIFIED, AMENDED OR ADDED
TO ONLY BY THE STRIKING OUT OF ORIGINAL
CHARACTERS, OR THE INSERTION OF NEW CHARACTERS,
SUCH NEW CHARACTERS BEING HIGHLIGHTED BY USE OF
ITALICS.
28. VESSEL DESCRIPTION
(a) Call Sign:
Telex number:
Fax number:
Official number:
Lloyd's (IMO) number:
Year of Build:
Building Yard:
Class:
Classification Society:
ISM Auditor:
Flag:
Port of Registry:
Registered Owner:
Manager:
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(b) GRT: ____ NRT: ____
Panama GRT: ____ Suez GRT: ____
Panama NRT: ____ Suez NRT: ____
(c) Principal Dimensions:
Length Overall: ____ Metres
Length between Perpendiculars: ____ Metres
Breadth (extreme) ____ Metres
Depth (extreme) ____ Metres
Height from Keel to highest point: ____ Metres DF Antenna
Height from Keel to highest point with mast/antennas collapsed/
lowered: ____ Metres
(d) Deadweight: ___________________
(Metric Tons) (Metres)
Summer: ____ metric tons on ____ Metres
Winter: ____ metric tons on ____ Metres
Tropical: ____ metric tons on ____ Metres
Deadweight on ____ Metres Fresh Water: ____
Deadweight on ____ Metres Fresh Water: ____
Variation in Deadweight per Unit Immersion: TBA
- at Summer Draft: ____ Metric Tons per Centimetre
- at ___ Metres Fresh Water: ____ Metric Tons per Centimetre
(e) Number of Holds: ____
Number of Hatches: ____
Type & Make of Hatch Covers: ______________
Hatch Sizes: Hatch Cover Strength:
Length X Breadth (Metres) (Metric Tons/Square Metre)
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Cubic Capacity of Cargo Holds:
Grain (Cubic Metres) Bale (Cubic Metres)
Cargo Hold Dimensions:
Flat unobstructed Tank Top
Length X Breadth (Fwd) X Breadth (Aft) (Metres)
Tank Top Strength (Metric Tons / Square Metre):
Deck Strength :
Cargo Hold Ventilation System:
Cargo Hold Fire-fighting System:
(f) Cargo Gear:
Number of Cranes:
Lifting Capacity of Cranes (SWL): ____ Metric Tons
Location of Cranes (relative to Hatches):
Crane Type & Manufacturer:
Hoisting Speed: ____ (Metres / Minute)
Slewing Speed: ____ (Rotations / Minute)
Luffing Speed: ____ (Seconds)
Maximum radius:
Maximum radius at full load:
Minimum radius:
Details of Grab Fittings:
Details of Grab Control System:
Details of Grabs:
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(g) Container Capacity (TEU):
(h) Ballast Capacity:
Hold(s) used for Sea Ballast:
Draft in Light Ballast Condition - Sea Ballast Hold(s) empty:
Forward: Aft:
Aft:
Draft in Heavy Ballast Condition - Sea Ballast Hold(s) filled:
Forward: Aft:
Aft:
Number, Type & Capacity of Ballast Pumps:
Deballasting Capacity:
Ballasting Capacity:
(j) Distance from Waterline to top of highest point of vessel:
Heavy Ballast Condition (mast raised):
Heavy Ballast Condition (mast lowered):
Light Ballast Condition (mast raised):
Light Ballast Condition (mast lowered):
Distance from Waterline to top of hatch coaming:
Heavy Ballast Condition: Light Ballast Condition:
(k) Main Engine Type / Model:
Main Engine Manufacturer:
Main Engine Output at MCR:
Main Engine Output at CSO:
Capacity of Bunker Tanks (100%):
IFO TBA MDO TBA
(l) Speed / Consumption:
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Laden:
Ballast:
Port:
(m) Type of Propeller:
Make of Propeller:
Type of Rudder:
(n) Other Equipment (with full details):
Shaft Generator:
Bow Thruster:
(o) Specifications of fuel and diesel oil:
(p) The vessel's constant (including lubricating oils, provisions,
stores, fresh water and unpumpable ballast) not to exceed:
- St Lawrence Seaway / Great Lakes:
- Deep Sea:
(q) The vessel can load a full deadweight cargo with the following
holds empty:
(r) The vessel has ____________ holds which are suitable for
_________________________.
The vessel has ___________ bulkhead or hold stanchions.
The vessel is fully fitted for _____________________________.
(s) The vessel is approved for ______________________________________
_________________________________..
(t) The vessel shall be maintained as described throughout the term of
this Charter.
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29. HULL INSURANCE
Charterers shall reimburse any additional net insurance premium on Hull
and Machinery actually paid by Owners for breaching Institute Warranty
Limits provided: (a) that this Clause shall __________________________
______________________; (b) that such additional premium is not to
exceed that for minimum coverage under the London Underwriters Minimum
Scale on conditions no wider than their standard form of Institute Time
Clauses, less usual rebate: and (c) that such additional premium shall
be based on a value equal to the vessel's Hull & Machinery value.
If the vessel is redelivered in ________________________ , Owners shall
__________ _____________________________________. .
Charterers shall be credited with any return of insurance premiums
payable to Owners by Underwriters by reason of the vessel remaining in
port for such minimum period as may be provided in its insurance
policies.
Owners warrant that Hull and Machinery policies will contain waiver of
subrogation rights against Charterers and any sub-Charterers for loss
of or damage to the vessel and Owners further warrant that both Owners
and Underwriters waive claims against Charterers for damages however
caused. The Master shall exercise due diligence to avoid loss of or
damage to ship and cargo.
Any additional insurance levied on vessel and/or cargo and any time
lost by reason of vessel's age, flag, ownership, class or condition
shall be for Owners' account.
30. WAR RISK INSURANCE
Charterers will not instruct vessel to perform a voyage involving entry
into active war zones without Owners' prior consent, same not to be
unreasonably withheld. War Risk Insurance and any Crew War Bonus for
worldwide trading shall be for Owners' account. In the event that
Charterers employ the vessel in a trade for which an additional War
Risk Insurance Premium is payable, Charterers shall reimburse any
additional premium actually paid by Owners, the same to be based on the
vessel's Hull and Machinery value, but not to exceed the scale
published from time to time by the Institute of London Underwriters.
31. CHARTERERS' ORDERS / INDEMNITY
Charterers shall indemnify the Owners against the consequences of any
order as to the employment of the vessel which is inconsistent with
this Charter: provided always that no further indemnity beyond that
expressed in this Clause (or elsewhere in this Charter) shall be
implied against Charterers.
In the event that Charterers give an order under this Charter which
Owners consider to be improper or invalid and Owners elect not to treat
such order as being repudiatory, Owners shall forthwith use their best
efforts to negotiate with Charterers the terms of a reasonable
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indemnity to be given to Owners by Charterers covering the direct
consequences of obeying such order: provided that such indemnity shall
only apply in the event (and then only to the extent that) such order
is determined to be improper or invalid.
32. ROUTING
Charterers shall be entitled at any time and from time to time to make
available to the Master the advice of a reputable weather-routing
service, which advice the Master may elect to follow or not at his
discretion, provided always (a) that such discretion shall not be
exercised unreasonably and (b) that if the Master elects not to follow
such advice, he shall promptly notify Charterers of his intentions and
explain his reasons. It is understood that such weather-routing advice
shall be without prejudice to Owners' obligations under Clause 25 and
shall not be deemed to constitute any interference by Charterers in the
navigation or management of the vessel. Any time lost as a result of
the Master's failure to act reasonably in relation to such advice shall
count as off-hire under Clause 15.
33. DELIVERY OF CARGO WITHOUT BILLS OF LADING
In the event that the original Bill(s) of Lading are not available at
port(s) of discharge, Charterers shall be entitled to give the Master
instructions as to the delivery of the cargo. In this event, and
provided always that such delivery has been made by the Master pursuant
to the express orders of Charterers themselves, Charterers shall
indemnify and hold harmless the Master and Owners in respect of any
liability to the true Owner of the cargo.
Owners _______________ wording as attached is annexed to this Charter
Party. When required, same is to be issued on _________________ and
signed by an officer _________________ with the authority to do so.
34. MASTER'S DUTIES
Except where there exists a clear conflict between the interests of
Charterers and those of Owners, the Master shall always act reasonably
to protect the interests of Charterers, including (without limitation)
where there are apparent irregularities in Bills of Lading of which
Charterers may not be aware.
35. CHARTERERS' ACCESS TO VESSEL
Charterers and their agents or representatives shall at all times be
permitted access to all parts of the vessel which are placed at
Charterers' disposal under this Charter, and to all records and
certificates held on board, as required in order to ascertain its
fitness for service hereunder, it being understood that the expression
"representatives" shall include the representatives of any third party
(including surveyors representing cargo interests) having a legitimate
interest in the condition of the vessel and its fitness for service
under this Charter. Charterers or agents shall advise the Master and
Owners in advance the company and name of the third party
representative.
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36. HOSE-TESTING OF HATCH-COVERS
Without prejudice to any of their other rights under this Charter,
Charterers shall be entitled at any time to carry out ultrasonic, hose
or other testing of the vessel's hatch covers in order to establish
their watertight integrity, and any deficiencies shall promptly be made
good by Owners. The cost and time for such testing shall be borne by
Charterers unless any deficiency is found, in which case same shall be
for Owners' account and the vessel shall be off-hire for any time lost
thereby and any stevedore standby and /or cancellation charges and any
other costs incurred as a result of such deficiency shall be for
Owners' account.
37. MODIFICATIONS
Charterers shall have the right to crop or replace the mast and to make
other like structural modifications to the vessel if required for safe
access to particular ports and/or berths. Such work, and any work
necessary to restore the vessel, shall be carried out in Charterers'
time and at Charterers' risk and expense under the supervision of the
Master. It is understood that such restoration work may take place
before or after redelivery and shall where possible be carried out
concurrently with other Owners' work in order to minimize Charterers'
liability for loss of time. Charterers shall ensure that such
modifications do not affect the vessel's class and comply with all
applicable port and navigational requirements.
38. FUNNEL / HOUSE FLAG
Charterers shall have the right to fly their own houseflag, and
painting the funnel (or leaving the funnel as painted) in Charterers'
colours. The funnel shall be (re)painted to Owners' colours on
redelivery in Charterers' time and at Charterers' expense.
39. P & I CLUB
Owners shall throughout the term of this Charter keep the vessel
entered with full cover on standard terms in a Protection & Indemnity
Association ("P & I Club") which is a member of the International
Group. Owners shall at any time and from time to time provide
Charterers upon request with written confirmation of entry from such P
& I Club. The vessel is currently entered with .
Owners shall promptly notify Charterers in writing of any change of P &
I Club.
40. FINANCIAL RESPONSIBILITY
Owners warrant that at the time of delivery hereunder and throughout
the Charter period the vessel will fully comply with all applicable
conventions, statues, laws, regulations, and ordinances imposed by an
International, National, State, Provincial, or Local Governmental
Entity having jurisdiction over the vessel including without limitation
the United States Federal Water Pollution Control Act, the United
States Oil Pollution Act of 1990, Marpol 1973/1978 & SOLAS Convention
1974/1978/1983.
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Without prejudice to the generality of the foregoing, Owners warrant
that they will at their expense maintain and carry onboard all
necessary current certificates of financial responsibility as required
by all national, state, provincial and local Governments of any
jurisdiction whose laws are applicable to the vessel.
Any delays, losses, damages or expenses arising from Owners' failure to
comply with this clause shall be for Owners' account. Any time lost as
a result of Owners' failure to comply with the requirements of this
clause shall be deemed to be off-hire and Owners shall indemnify
Charterers against any losses, damages, penalties and expenses
whatsoever resulting therefrom.
41. OWNERSHIP/ FLAG / MANAGEMENT
Owners shall not sell the vessel or change its ownership or flag or
appoint new managers without the prior written consent of Charterers.
In the event of breach of this undertaking, or in the event of change
in the beneficial ownership of a majority of the common shares of the
registered Owner, Charterers shall have the right to terminate this
Charter without prejudice to any of their accrued rights hereunder.
Should Charterers not be satisfied with the managers of the vessel
Charterers have the right to request a change in management to one of
the following management companies - V-Ships / Acomarit / Colombia Ship
Management.
42. ITF
Owners warrant that the Officers and crew of the vessel are covered for
the duration of the Charter Party by a Union Agreement(s) acceptable to
the ITF and that vessel will at all times carry appropriate documentary
proof of the same. Any loss of time as a result of non-compliance with
the provisions of this Clause shall be considered as off-hire under
Clause 15.
43. DRUGS / CONTRABAND / STOWAWAYS
Owners shall indemnify Charterers and hold them harmless in respect of
any claims and/or fines and/or penalties imposed in respect of any
actual or alleged presence on board the vessel in the custody of crew
members but not in the cargo of illegal drugs or contraband or
stowaways regardless of origin and undertake to provide such security
upon demand as may be required to avoid detention or delay to the
vessel. Any time lost in connection with or as a result of any actual
or alleged presence of illegal drugs or contraband or stowaways on
board the vessel shall count as off-hire and any costs incurred shall
be for Owners' account.
Should any stowaways be found Owners will undertake to provide security
as may be required to avoid delays or detention of the vessel.
Owners warrant that they have entered into a Sea Carrier Initiative
Agreement with United States Customs and undertake throughout the term
of this Charter to comply with all
19
provisions of the United States Anti-drug Act of 1986 and any amendment
or re-enactment thereof.
44. LOSS OF TIME
Any restriction on the full working or use of the vessel resulting
directly or indirectly from any action, whether official or not, which
may be taken against the Owners and/or the vessel and/or the Charterers
or the agents of any of them by any third party whatsoever (including
any state or local government authority or labour union) in connection
with or arising out of: (a) the vessel's registry or (b) the terms and
conditions under which the officers and crew are engaged or (c) any
non-compliance, whether actual or alleged, of the vessel or any part of
it or its equipment and outfit with any regulation or requirement of
any applicable authority or (d) any failure, whether actual or alleged,
of the Charterers to ensure that the vessel so complies shall remain
the responsibility of the Owners. The vessel shall be off hire for any
time thereby lost as per Clause 15 and any expenses resulting therefrom
shall be for the account of the Owners. Owners shall indemnify
Charterers and hold them harmless from any claims or fines which may be
brought or levied against Charterers or their servants or agents
whether in their own right or as deemed agents of the vessel or Owners
or in any other capacity whatsoever in respect of any of the matters
mentioned in this clause.
45. DRYDOCKING
The vessel shall be drydocked approximately every 24 - 36 months
thereafter at mutually convenient time(s) and place(s) consistent with
Charterers' trading requirements.
Owners shall give Charterers not less than 60 days notice of their
intention to put the vessel into drydock. Owners will exercise their
best efforts not to drydock the vessel during the Great Lakes
navigational season, however it is understood by both Charterers and
Owners that the vessel's regulatory entities (including class) may
insist that the vessel be drydocked during the Great Lakes navigational
season. It is further understood that if the vessel must drydock during
the Great Lakes navigational season, then the timing of such must be
mutually agreed between Owners and Charterers.
If after giving 60 days notice Owners elect to cancel or postpone the
drydocking (other than request or mutual agreement of the Charterers)
Owners shall indemnify Charterers against losses as a direct result of
this cancellation.
In the event of emergency drydock it is understood that Charterers
mutual consent and notices are not required (and paragraphs 1 and 2
above are inoperative), however Owners to advise Charterers immediately
the reason for the same and estimated duration. Owners also to keep
Charterers advised daily of progress/expected readiness of vessel.
46. STEVEDORE DAMAGE
Notwithstanding any other provision of this Charter to the contrary,
Charterers shall not be liable for damage caused by stevedores to the
vessel or its fittings or equipment unless (a)
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the Master has given proper notice in writing to the stevedores causing
such damage within 24 hours of its occurrence or in the case of hidden
damages as soon as practical however in any case always by the end of
the voyage concerned; (b) the Master has fully complied with the
relevant requirements of any Sub-Charter of which he is aware; and (c)
Charterers, together with any Sub-Charterers and other interested
parties, have been given the timely opportunity to survey the damage in
question both before and after repair.
47. CARGO LOSS OR DAMAGE
In the case of loss of or damage to any cargo carried under this
Charter, the Owners hereby authorize the Charterers and their agents at
their sole discretion to grant any extension of time of suit, provided
always that a similar extension has been or will be simultaneously
granted on behalf of the Charterers. Owners to be notified when
extensions have been granted on Owners' behalf. Such extension of time
shall be without prejudice to the rights and obligations of either
party under this Charter.
As between Owners and Charterers, liability for cargo claims shall be
apportioned in accordance with _________________________________.
48. PUNCTUAL PAYMENT
Should Charterers fail to make punctual payment of hire, and such
failure is due to oversight, negligence, error or omission of
Charterers or their employees, bankers or agents or for any reason
other than deliberate intent to withhold timely payment, Owners shall
give Charterers three (3) banking days notice to rectify such failure.
If the payment in question is made within such four banking days, such
payment shall be deemed to have been made punctually.
Any hire or other sum paid into escrow by Charterers pending the
resolution of any dispute shall count as properly paid.
49. HOLDS
Without prejudice to Owners' obligations as to the condition of the
vessel upon delivery, the vessel's cargo spaces shall be clean, dry and
free from rust, scale and partially detached coatings (flaking paint,
etc.) and in all respects ready to load a full cargo upon its arrival
at each of the loading port(s) on its first voyage under this Charter.
Owners shall not be responsible for the failure of the vessel to pass
subsequent pre-loading inspections under this Charter except to the
extent that such failure is due to the presence of rust, scale or
partially detached coatings in the cargo spaces.
The vessel's cargo spaces shall not be painted during the currency of
this Charter without Charterers' prior written consent.
Charterers shall have the option of redelivering the vessel with
unclean holds paying Owners the sum of US$___ per hold in lieu of
cleaning and removal of dunnage and other materials.
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Charterers also to pay US$ per hold for intermediate hold cleaning.
50. ICE
Owners acknowledge that the vessel's design and construction is such as
to allow ______________________ trading to ports in or accessible from
_____________________.
51. LAY-UP
The Charterers shall have the right at any time and from time to time
to require the vessel to be laid up and any resulting savings in
Owners' costs shall be credited to Charterers. The Owners shall
promptly consult with Charterers in good faith with a view to
establishing the most effective and economical procedure for such lay
up. The Owners shall at any time upon the request of Charterers provide
their best estimate of the savings which would be achievable by laying
up the vessel.
52. BUNKERS
Charterers shall be entitled to supply the vessel with bunkers of
higher quality and/or lower viscosity than specified in this Charter.
Owners warrant that the vessel is free from United States bunkering
restrictions.
Charterers shall have the right to bunker the vessel prior to delivery,
provided this does not interfere with Owners' operations. It is
understood that property in such bunkers shall remain with the
Charterers.
At the time of redelivery, the Master shall ensure that the disposition
of bunkers within the vessel is the same as at the time of delivery.
53. PLANS / LOADING MANUAL
Prior to delivery of the vessel, Owners shall provide Charterers with
copies of the vessel's General Arrangement and Capacity Plan (including
Deadweight Scale), Trim & Stability Book / Loading Manual, and any
other books, manuals or software which concern or affect the vessel's
cargo-carrying capabilities.
Prior to delivery, Owners shall also complete Charterers' standard
information questionnaire.
Owners warrant the accuracy (absent manifest error in documents which
have not been prepared by Owners) of any information provided to
Charterers under this Clause.
54. LOADING STEEL CARGO
Where the vessel is required to load steel cargo, Owners shall be
entitled to carry out a pre-loading survey for their account using a
P&I Club approved surveyor, a copy of whose
22
report is to be given to Charterers: provided that if Charterers wish
to arrange their own pre-loading survey, the same shall be considered a
joint survey, and Owners shall bear one half of the cost.
In any event, remarks on the mate's receipt(s) shall be limited to
those recorded in such pre-loading survey report.
55. COMMUNICATIONS
Whilst on hire, Charterers shall pay Owners a lump sum of US$ per month
(or pro rata), which shall cover all costs for cables, telexes, phone
calls, entertainment/victual expenses and representation on Charterers'
behalf. Master to send all cables/telexes as requested by Charterers or
Sub-Charterers.
56. ARBITRATION
Where the amount claimed or counter-claimed by either party is less
than US$ either party may require the arbitration to be conducted in
accordance with the Shortened Arbitration Procedure of the Society of
Maritime Arbitrators.
57. ON/OFF HIRE SURVEY
Joint on-hire and off-hire surveys shall be conducted at the inception
and termination of this Charter. A joint survey report shall be signed
by the Owners' surveyor (or the Master if no Owners' surveyor is
appointed) and by the Charterers' surveyor, but without prejudice to
the right of either to prepare a separate addendum recording any points
of disagreement. The on-hire survey shall be done in Owners' time, and
the off-hire survey in Charterers' time.
If available Charterers shall be entitled to have all or part of the
on-hire survey carried out at a port previous to the vessel's arrival
at the port or place of delivery under this Charter.
58. MISCELLANEOUS
The headings / titles used in this Charter are included for the sake of
convenience only and shall be disregarded for purposes of
interpretation or construction.
The failure of either party to enforce at any time any of the
provisions of this Charter shall not be construed as a waiver of any of
its rights. No waiver of any breach of this Charter shall be considered
a waiver of any other breach whether occurring earlier or later.
59. TERMINATION
Charterers shall be entitled to terminate this Charter in the event (a)
that any proceedings are commenced or instituted for the
reorganization, liquidation or involuntary dissolution of Owners or (b)
that Owners file for bankruptcy or court protection from their
creditors and/or notify their creditors that they are unable to meet
their financial obligations as they fall due
23
or (c) that Owners' P & I Club cover is withdrawn or reduced or (d) the
vessel's classification is suspended or withdrawn or (e) the vessel is
arrested by or on behalf of a secured creditor and/or (f) the vessel is
arrested by any party other than a secured creditor and such arrest is
not lifted within 10 banking days. Such right of termination and/or its
exercise shall be without prejudice to any other rights which
Charterers may have. Owners hereby authorize Charterers to contact the
vessel's Classification Society and P & I Club directly in order to
ascertain the status of its class and Club cover.
In the event that the Charterers are deprived of the full use of the
vessel as a result of any breach by the Owners of their obligations
under this Charter and/or the Vessel is off-hire for a period of days
at the first port of loading and/or the vessel is otherwise off-hire
for days or more in any day period, Charterers shall have the right to
terminate this Charter following completion of performance of their
intended voyage(s), such termination to be without prejudice to any
accrued rights whatsoever which either party may have under this
Charter.
60. ISM CODE
From the date of coming into force of the International Safety
Management ("ISM") Code in relation to the vessel and thereafter during
the currency of this Charter, Owners shall procure that both the vessel
and "the Company" (as that term is defined in the ISM Code) shall
comply with all of the requirements of the ISM Code. Upon request,
Owners shall provide to Charterers or at their direction a copy of the
relevant Document of Compliance ("DOC") and Safety Management
Certificate ("SMC").
Except as otherwise provided in the Charter, any loss, damage, expense
or delay resulting from any failure on the part of the Owners or "the
Company" to comply with the ISM Code shall be for Owners' account,
whether or not such consequences were reasonably foreseeable by Owners
either at the date of this Charter or at the time of such failure.
61. QUIET ENJOYMENT
This Charter is conditional upon the execution of a mutually
satisfactory tripartite agreement between Charterers, Owners and the
entity holding the first mortgage on the vessel, the purpose of which
shall be to assure the Charterers of their continued quiet enjoyment of
the Charter in the event of default by the Owners (or, if applicable,
by the then registered Owners of the vessel) under the mortgage or the
financial obligations which it secures.
62. TERM
The term of this Charter shall be as follows:
Timecharter period of __________ years _________ months plus/minus
_________ months in Charterers' option. Final redelivery window is
_____________________. Charterers shall have the option of adding any
or all time the vessel is off-hire (including any time lost through
breach of Owners obligations) to the term of this Charter, paying hire
at the
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rate which was payable at the time when such off-hire occurred, taken
in chronological sequence.
63. RATE(S) OF HIRE
Charterers shall pay hire for the use of the vessel at the following
rate:
US$ _____________ daily including overtime.
64. SEASONAL REDELIVERY OPTIONS
Within the period as outlined above, Charterers' option to redeliver
the vessels anytime during for a time up to the following year with
days notice to Owners. Owners to deliver the vessel back to Charterers
within giving regular advice plus day notice to Charterers. Charterers
may redeliver the vessel within the above dates dropping and Owners to
deliver back to Charterers arrival pilot station the same port or at a
mutually agreed port.
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