CLAUSE 29 PERFORMING VESSEL
- MASTER'S FULL NAME: XXXXXXXXXXXX
- OWNERS FULL STYLE: ………………..
DISPONENT OWNERS FULL STYLE (IF TIME CHARTERED): NIL
- MANAGERS FULL STYLE: …………………………………….. |
- H & M UNDERWRITERS: XXXXXXXXXXXXX
- H & M VALUE: H&M : XXXXXXXXXXXXXX
- CLASSIFICATION SOCIETY: ……………….
TPC ON DWT. XXXXX
- SPEED LADEN/ BALAST MAX: XXXXX
- SPEED LADEN/ BALAST MAX: XXXXX
- LAST 3 CARGOES: XXXXXXXXXXXX
- VESSEL POSITION AND FULL
ITINERARY AND LAST DISC PORT AGENT DETS:
XXXXXXXXX
- GRAIN LOAD CERTS REVERT
- CREW LIST: WILL SEND UPON FIXING
- CARGO STOWAGE PLAN: REVERT
- CREW LIST: WILL SEND UPON FIXING
- CARGO STOWAGE PLAN: REVERT
ows to provide
following certs to be
provided by owners/master/agents IF REQUIRED:
-Declaration certifying that
the transporting vessel is not on the black list of the Arab boycott of Israel,
is not Israeli owned and will not call any Israeli port during its voyage
-Certificate confirming that
: vessel is registered A1 as per Lloyd’s register or equivalent; IACS
registered, ISM certificate is required; Vessel is grainfitted , single deck
bulk carrier,
OWNERS CONFIRM AND GUARANTEE
FLWNG :
- ISM COMPLIANT AND VALIDITY PERIOD:
OWNERS WARRANT THAT VESSEL IS BOTH ISM
COMPLIANT AND FULLY YEAR 2000 COMPLIANT IN ACCORDANCE WITH BIMCO ISM AND YEAR
2000 CLAUSES.
THE CHARTERPARTY TO SHOW THE FOLLOWING
CLAUSE
“ 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 CHARTERPARTY, THE OWNER WILL ENSURE THAT
THE COMPANY ( AS DEFINED IN THE ISM CODE) HOLDS A VALID DOCUMENT OF COMPLIANCE
( DOC) AND THAT THE VESSEL HOLDS A VALID SAFETY MANAGEMENT CERTIFICATE ( SMC).”
- OWNERS WARRANT VESSEL IS FULLY P&I COVERED AND CLASSED FOR
THE DURATION OF THE VOYAGE AND THAT THEY HAVE PAID THEIR CALLS. ALSO
OWNERS GUARANTEE THAT VESSEL IS INSURED FOR HER FULL TONNAGE WITH A
REPUTABLE AND RECOGNISED P&I CLUB IN RESPECT OF ALL RISKS INCLUDING IN
PARTICULAR LIABILITY FOR CLAIMS MADE AGAINST OWNERS IN RESPECT OF DAMAGE
TO AND/OR LOSS OF CARGO AND UNDERTAKE TO MAINTAIN SUCH HULL AND MACHINERY
AND P&I INSURANCE IN FORCE THROUGHOUT THE CURRENCY OF THIS CHARTER
PARTY. IN THE EVENT OF THE VESSEL’S ENTRY BEING TRANSFERRED TO
ANOTHER P&I CLUB, OWNERS UNDERTAKE TO GIVE CHARTERERS IMMEDIATE NOTICE
OF SUCH TRANSFER. OWNERS CONFIRM THAT THEY HAVE PAID THEIR CALLS AND THAT
VESSEL IS FULLY ENTERED WITH PANDI CLUB AND WILL REMAIN FULLY COVERED FOR
THE DURATION OF THE VOYAGE.
- OWNERS WARRANT THAT DURING THE CURRENCY OF THIS CHARTER PARTY
PERIOD, VESSEL’S OWNERSHIP, REGISTRATION AND FLAG NOT TO BE CHANGED AND/OR
TRANSFERRED.
- OWNERS GUARANTEE THAT NOMINATED PERFORMING VESSEL AND / OR ANY
OTHER VESSEL BELONGS TO OWNERS IS FREE OF LIENS AND / OR ARREST. ALSO THAT
NOMINATED VESSEL WILL NOT BE SOLD OR SCRAPPED OR REDELIVERED DURING THE
CURRENCY OF THIS CONTRACT.
- VESSEL IS IN POSSESSION OF ACCURATE AND VALID HYDROSTATIC
CALBRATION TABLES.
- VESSEL AND OWNERSHIP IS COVERED BY ADEQUATE OIL POLLUTION
CONTENGENCY PLANS AND VESSEL IS FULLY INSURED FOR ANY OIL SPILLAGE AT
PORTS AND COUNTRIES OF THIS VOYAGE.
·
VESSEL AND OWNERSHIP SHALL COMPLY AT THEIR RISK AND
EXPENSE WITH THE RULES AND REGULATIONS RELEVANT TO WATER AND / OR AIR POLLUTION
AT PORTS UNDER THIS CHARTER PARTY. IN NO CASE SHALL CHARTERERS BE LIABLE FOR
DEMURRAGE AS A RESULT OF OWNERS’ FAILURE TO COMPLY WITH SUCH RULES AND
REGULATIONS.
- OWNERS
TO ALSO GURANTEE THAT ALL VESSEL'S CRANE(S) ARE IN GOOD WORKING AND
OPERATING CONDITION THROUGH OUT LOADING AND DISCHARGE OF THE INTENDED
CARGO Owners undertake to make vessel gears available for /discharging
operation if requested by charterers, and to provide four gangs to be
work simultaneously at bends.
Owners Guarantee to produce valid cargo
gear certificate from
class.
- OWNERS GUARANTEE THAT VESSEL'S HATCH COVERS TO BE WATER TIGHT
THROUGHOUT THE CHARTER PERIOD. CHARTERERS / SHIPPERS/ THEIR SURVEYOR, HAVE
THE RIGHT TO CARRY OUT ULTRASONIC TEST, OR HOSE TEST BEFORE COMMENCEMENT
OF LOADING ON ALL HATCHES. TIME LOST FOR RECTIFYING ANY DEFECTED HATCH
COVER TO BE FOR OWNERS TIME / COST. VESSEL HOLDS / HATCHES INSPECTION TO
BE CARRIED OUT BY THE SHIPPERS’ APPOINTED INTERNATIONAL SURVEYOR AND IN
THE PRESENCE OF THE MASTER.
- OWNERS TO BE FULLY RESPONSIBLE FOR ANY LOSS OF TIME
DUE TO VESSELS DETENTION, ARREST ETC FOR NON PAYMENT OF PORT DUES, CREW
WAGES, CLASS MAINTENANCE INCLUDING SUPPLEMENTARY CALLS, FLAG
REGISTRATION, BUNKER PAYMENT, AGENCY DUES, ETC.
OWNERS TO FURNISH THE FOLLOWING TOGETHER
WITH THEIR FIRST COUNTER:
- VALID COPY OF CARGO GEAR TACKLE CERTIFICATES AS ISSUED BY
VESSEL’S CLASSIFICATION SOCIETY AND TEST CERTIFICATES OF LIFTING APPLIANCE
IF REQUIRED BY PORT AUTHORITIES.
- VALID COPIES OF THE FOLLOWING CERTIFICATES FOR THE DURATION OF
THE INTENDED VOYAGE UPTO COMPLETION OF DISCHARGE OF THE CARGO:
-
CLASS CERTIFICATE.
-
REGISTRATION CERTIFICATE
-
P&I CLUB & H&M
CERTIFICATES.
-
CARRYING DANGEROUS GOODS
CERTIFICATE
-
BC CODE – CARRIAGE OF SOLID BULK
CARGOES.
-
STABILITY INFO FOR GRAIN LOADING
CERTIFICATE.
-
INT’L ANTI-FOULING CERT.
-
INT’L SEWAGE POLLUTION PREVENTION CERT.
-
INT’L AIR POLLUTION PREVENTION CERT.
-
INT’L OIL POLLUTION PREVENTION
CERT.
-
INT’L LOAD LINE CERT.
-
INT’L SHIP SECURITY CERT.
-
ISOLAS – CERT OF COMPLIANCE
-
SAFETY MANAGEMENT CERT. SMC
-
CARGO SHIP SAFETY RADIO CERT.
-
CARGO SHIO SAFETY EQUIPMENT CERT.
-
CARGO SHIP SAFETY CONSTRUCTION
CERT.
-
ITC – INTERNATIONAL TONNAGE CERT.
-
MINIMUM SAFE MANNING CERT.
- VESSEL’S P&I CLUB CORRESPONDENTS AT LOAD AND DISCHARGE
PORTS.
- OWNERS / OPERATORS/ MANAGERS TO CONFIRM ON THEIR LETTER HEAD
PAPERS THAT THEY ARE NEITHER BANKRUPT, INSOLVENT NOR ARE THEY IN DEFAULT
OF ANY PAYMENTS DUE FROM THEM AS OF THE C/P DATE.
- OWNERS CONFIRM THAT THE VESSEL WILL NOT BE SOLD / SCRAPPED /
REDELIVERED TILL COMPLETION OF DISCHARGE AT THE NOMINATEDM
DISCHARGE PORT.
- VESSEL TO MAINTAIN HER CLASS THROUGHOUT THE DURATION OF THIS
CHARTER AND UPTO COMPLETION OF DISCHARGE OF HER ENTIRE CARGO.
- ALSO OWNERS GUARANTEE THAT VESSEL IS INSURED FOR HER FULL
TONNAGE IN RESPECT OF ALL RISKS INCLUDING IN PARTICULAR LIABILITY FOR
CLAIMS MADE AGAINST OWNERS IN RESPECT OF DAMAGE TO AND/OR LOSS OF CARGO
AND UNDERTAKE TO MAINTAIN SUCH HULL AND MACHINERY AND P&I INSURANCE IN
FORCE THROUGHOUT THE CURRENCY OF THIS CHARTER PARTY. IN THE EVENT OF THE VESSEL’S ENTRY BEING
TRANSFERRED TO ANOTHER P&I CLUB, OWNERS UNDERTAKE TO GIVE CHARTERERS
IMMEDIATE NOTICE OF SUCH TRANSFER.
- OWNERS WARRANT THAT DURING THE CURRENCY OF THIS CHARTER PARTY
PERIOD, VESSEL’S OWNERSHIP, REGISTRATION AND FLAG NOT TO BE CHANGED AND/OR
TRANSFERRED.
- LOADING & DISCHARGING: ( OWNS TO CHECK – CONFIRM FLWNG ) : -
a.
UPON ARRIVAL AT LOADING PORT, VESSEL SHALL HAVE HER
GEARS STOWED CLEAR OF THE HATCH OPENINGS, AND HATCHES SHALL BE OPEN AND VESSEL
READY TO LOAD IN ALL RESPECTS AS FAR AS WEATHER PERMITS.
b. OWNERS GUARANTEE THAT VESSEL'S HATCH
COVERS TO BE WATER TIGHT THROUGHOUT THE CHARTER PERIOD. CHARTERERS / SHIPPERS/
THEIR SURVEYOR, HAVE THE RIGHT TO CARRY OUT HOSE TEST (IF ALLOWED BY PORT
AUTHORITIES) OR ULTRASONIC-LEAKAGE TEST BEFORE
COMMENCEMENT OF LOADING ON ALL HATCHES. TIME LOST FOR RECTIFYING ANY DEFECTED
HATCH COVER TO BE FOR OWNERS TIME / COST.
c. VESSEL HOLDS / HATCHES INSPECTION TO BE
CARRIED OUT BY SURVEYOR AND THE PRESENCE
OF THE MASTER. FAILING WHICH TIME LOST
FROM DISCOVERING SAME THEREOF UNTIL VESSEL IS IN FACT READY TO COMMENCE LOADING
SHALL NOT COUNT AS LAY TIME
d. NOTICE OF READINESS AT LOAD PORT CAN BE
TENDERED ON ARRIVAL BEFORE SHIPPERS SURVEYOR CARRIES OUT THE HOLDS SURVEY. IN
CASE OF REJECTION OF HOLDS, ALL TIME NOT TO COUNT UNTIL VESSEL PASSES HOLDS
INSPECTION.
e.
IN CASE VESSEL FAILS SECOND INSPECTION THEN
OWNERS TO BE RESPONSIBLE FOR ALL COSTS INCURRED FROM
ARRIVAL UNTIL SHE IS APPROVED
BY THE SURVEYOR. CHARTERERS SHALL NOT LIABLE FOR ANY TIME OR
COSTS IF THE VESSEL IS REJECTED BY THE SURVEYORS.
f. IN CASE OF DISPUTE FOR CLEAN HOLDS AND OR
WATERTIGHT HATCH COVERS, INDEPENDENT SURVEYOR TO BE JOINTLY APPOINTED /
APPROVED BY CHARTERERS / OWNERS WHOSE
FINDING IS BINDING ON BOTH PARTIES AND WHOSE FEES TO BE SHARED
BY CHARTERERS AND OWNERS 50 / 50
.
g. TIME SPENT WITH HOLDS INSPECTION, INITIAL
AND FINAL DRAFT SURVEY SHALL NOT COUNT AS LAYTIME BENDS. TIME USED FOR
INTERMEDIATE DRAFT SURVEY IT WILL BE ON CHARTERERS ACCOUNT IF ORDERED BY
CHARTERER AND ON VESSEL/OWNERS ACCOUNT IF ORDERED BY VESSEL/OWNER
h.
TIME SPENT TRIMMING THE VESSEL TO THE SATISFACTION OF
THE MASTER OR THE SEAPORTS AUTHORITY SHALL NOT COUNT AS USED LAYTIME, AND ALL
COSTS ASSOCIATED THEREWITH SHALL BE FOR OWNER'S ACCOUNT.
i.
AT ALL TIMES THE
VESSEL'S MASTER SHALL BE RESPONSIBLE FOR AND SHALL SUPERVISE THE SAFE STOWAGE
AND TRIM OF THE CARGO AND VESSEL AND SHALL ASSIGN ONE OF HIS OFFICERS TO
CONTROL ALL VESSEL OPERATIONS DURING LOADING AND DISCHARGING.
j. LOADING/ DISCHARGING SHALL NOT TAKE PLACE DURING
RAIN, AND PRECIPITATION. THE MASTER IS RESPONSIBLE FOR STOPPING AND STARTING
LOADING/ DISCHARGING OPERATIONS DURING ANY PERIOD OF PRECIPITATION/RAIN TIME
LOST DUE TO PRECIPITATION AND BAD WEATHER INCL RAIN SHALL NOT COUNT AS USED
LAYTIME
k. THE LAYTIME SHALL BE DEEMED COMPLETED AND LAYTIME
SHALL CEASE UPON COMPLETION OF LOADING&DISCHARGING BY GRABS OR RETRACTION
OF THE LOADING&DISCHARGING BOOM/UNLOADING BOOM BENDS.
l. THE VESSEL MUST COMPLY WITH ALL RULES AND REGULATIONS
OF LOAD PORT AS WELL AS ANY OTHER APPLICABLE REGULATIONS, PORT LIMITATIONS,
RESTRICTIONS, PRACTICES AND PROCEDURES OF THE LOADING PORT.
m.
OWNERS WARRANTS THAT THE VESSEL IS CAPABLE OF LOADING
AT NIGHT AND SHALL MAKE AVAILABLE THE VESSEL'S ON-BOARD LIGHTING SUFFICIENT FOR
NIGHT WORK BOTH ON DECK AND IN HOLDS.
n. OWNERS / MASTER TO GIVE FIXTURE
NOTICE UPON CLEAN FIXTURE AND 5/3/2/1 NOTICE OF ARRIVAL AT LOAD PORT ALONGWITH
THE LIFTING QUANTITY/ STOWAGE PLAN.
o. OWNERS / MASTER TO 24 HRS DEFINITE
NOTICE OF ARRIVAL AT LOAD PORT.
p. OWNERS / MASTER TO GIVE ALSO 5/3/2/1
DAYS NOTICE OF ARRIVAL TO DISCHARGE PORT ALONGWITH THE LOADED QTTY/ STOWAGE
PLAN THEN 48/24 HRS DEFINITE NOTICE OF ARRIVAL AT DISCHARGE PORT.
q. ANY VARIATION OF 12 HOURS OR MORE IN THE
ARRIVAL TIME REQUIRE AN ADDITIONAL NOTIFICATION BY FAX/CABLE/E-MAIL.
r. HOLIDAYS AT BOTH ENDS SHALL MEAN PUBLIC,
BANK, MERCANTILE, CHARTER PARTY HOLIDAYS AND/OR ANY HOLIDAY OFFICIALLY DECLARED
BY THE RELEVANT LOCAL AUTHORITIES OR CHAMBER OF COMMERCE’S COMMITTEE AS CHAMBER
HOLIDAYS.
s. IN THE EVENT THE LOADING BERTH IS
OCCUPIED WHEN THE VESSEL HAS ARRIVED WITHIN THE PORT OR AT A CUSTOMARY WAITING
PLACE OUTSIDE THE LOADING PORT, THEN VESSEL MAY TENDER ASPER SYNA 2000 C/P
t. IF UPON VESSEL’S ARRIVAL AT OR OFF THE
PORT SHE IS PREVENTED FROM PROCEEDING TO THE LOADING/ DISCHARGING BERTH BY HER
INEFFECIENCY, WEATHER, TIDAL CONDITIONS, STRIKES TO TUGS OR PILOTS, OR
MANDATIORY REGULATIONS, NOTICE OF READINESS MAY BE GIVEN ONLY WHEN SUCH
HINDERANCE(S) HAS (HAVE) CEASED.
u. TIME USED FOR SHIFTING FROM ANY WAITING PLACE TO
LOADING BERTH, OBTAINING CLEARANCES AND GETTING THE VESSEL IN EVERY RESPECT
READY TO LOAD SHALL NOT COUNT AS LAYTIME OR AS DEMURRAGE IF THE VESSEL IS
ALREADY ON DEMURRAGE.
v. IF VESSEL SUBS FAILS FREE PRATIQUE FOR
REASONS RELATED TO VESSEL, CREW, INVALID CERTIFICATES, ETC. OR TO CLEANLINESS
CERTIFICATE THEN TIME TO CEASE FROM FAILURE UNTIL FULLY PASSED.
w. TIME USED BEFORE COMMENCEMENT OF LAY TIME
NOT TO COUNT, BOTH ENDS.
x. TRANS-SHIPMENT NOT ALLOWED, PART CARGO IS
NOT ALLOWED, ANY OTHER DECK CARGO, APART FROM CHARTERERS EMPTY BAGS, IS NOT
ALLOWED. NO CARGO TO BE LOADED IN DEEP TANKS, ALLEYS AND IN INACCESSIBLE
PLACES. IF LOADED, THEN UNLOADING TIME NOT TO COUNT. ALL DAMAGES TO SHIP DUE TO
DISCHARGING FROM SUCH PLACES WILL BE FOR OWNERS ACCOUNT/TIME AND LIABILITIES.
y. ON SAILING, MASTER TO SEND A CABLE, FAX,
E-MAIL TO CHARTERERS AND OTHER NOTIFY PARTIES WITH DETAILS OF CARGO LOADED AND
APPX ETA DISCHARGE PORT.
z. UPON COMPLETION OF LOADING MASTER TO
DIRECTLY PROCEED WITHOUT A DEVIATION TO DISCHPORT.
aa.
VESSEL TO ENSURE
THAT ALL HATCHES ARE IMMEDIATELY CLOSED IN THE EVENT OF RAIN, ANTICIPATION OF
RAIN, AND WHEN LOADING / DISCHARGING IS COMPLETED OR STOPPED AT EACH RESPECTIVE
HATCH.
CLAUSE
30 CARGO
FULL CAPACITY CORN IN BULK OF ABT 50 SF WOG
CLAUSE 31
CHARTERERS
MESSRS …………………………..
CLAUSE 32
LOADING AND DISC PORTS
LOAD PORT : 1 SB 1 P ROMANIA
WHERE ALL MARINE/PORT DOCKAGE DUES/EXPENSES/COST ON OWNERS ACCOUNT.
DISC PORT: 1 SB 1 EGYPT WHERE ALL MARINE/PORT DOCKAGE
DUES/EXPENSES/COST ON OWNERS ACCOUNT.
CLAUSE
33 LOADING
LOAD RATE 2000 WWD SSHEX EIU
AND HOLIDAYS EXCEPTED EVEN IF USED (FRIDAY 5PM –MONDAY 08AM), BSS 4 WORKABLE AND ACCESSIBLE HATCHES / HOLDS
AT THE COMMENCEMENT OF LOADING AND DURING THE LOADING OPERATION
PERIOD, IF LESS THAN 4 WORKABLE
AND ACCESSIBLE HATCHES / HOLDS AVAILABLE AND ACCESSIBLE OR IF THE
VESSEL IS OTHERWISE INCAPABLE OF BEING LOADED AT THE AFORESAID LOADING
RATE, THEN LOADING RATE SHALL BE REDUCED PROPORTIONALLY.
at loadport, TIME TO START
COUNTING WITHIN 24 HRS AFTER ACCEPTANCE OF THE VALID N.O.R. DURING ORDINARY
OFFICE HOURS (I.E. MONDAY TO FRIDAY FROM 8H00 TO 17H00) WIBON, WIPON, WIFPON, WCCON.FM
17H00 ON FRIDAYS OR DAYS PRECEDING HOLIDAYS UNTIL 08H00 ON MONDAYS OR THE FIRST
WD AFTER A HOLIDAY , WILL NOT COUNT AS LAY TIME, EIU.
CLAUSE 34
DISCHARGING
Discharging
rate 1500 mts pwwd fHEX EIU BSS 4
WORKABLE AND ACCESSIBLE HATCHES / HOLDS AT THE COMMENCEMENT OF DISCHARGING AND
DURING THE DISCHARGING OPERATION PERIOD, IF LESS THAN 4 WORKABLE AND
ACCESSIBLE HATCHES / HOLDS AVAILABLE AND ACCESSIBLE OR IF THE VESSEL IS
OTHERWISE INCAPABLE OF BEING DISCHARGED AT THE AFORESAID
DISCHARGING RATE, THEN DISCHARGING RATE SHALL BE REDUCED PROPORTIONALLY."
TIME TO START COUNTING WITHIN
24 HRS AFTER ACCEPTANCE OF THE VALID N.O.R. DURING ORDINARY OFFICE HOURS
WIBON, WIPON, WIFPON, WCCON. iN eGYPT FM 12H00 ON tHURSDAY OR THE 12:00
LT OF A DAY PRECEDING HOLIDAYS UNTIL 08H00AM ON SUNDAY OR UNTIL 08:00 HRS
THE FIRST WD AFTER A HOLIDAY, WILL NOT COUNT AS LAY TIME, EIU
OWNERS TO CHECK AND SATISTIFY THEIRSELVES
RESTRICTIONS BOTH ENDS.
CLAUSE 35 FRT PAYMENT
Frt usd …. PMT PAYABLE 100%
less comm within 3 bd fm s/r bls MARKED 'FREIGHT PAYABLE AS PER C/P' AND CLEAN
ON BOARD' IN CONFORMITY WITH MATES RCPT.
IF FREIGHT PREPAID BLS
REQUIRED , SAME TO REMAIN IN AGENTS HANDS UNTIL OWNERS DULY RECEIVED THE
FREIGHT IN THEIR BANK ACCT
-FREIGHT
DEEMED EARNED BY OWNERS UPON COMPLETION OF LOADING DISCOUNTLESS AND NON
RETURNABLE SHIP AND/OR CARGO LOST OR NOT LOST.
CLAUSE 36
DEMM AND BALANCE PAYMENT
Demurrage
usd 3000
PER
DAY PRORATA / FREE Desp bends
DEMM AT DISC PORT , IF ANY,
TO BE SETTLED W/I 20 DAYS AFTER COMPLETION OF DISCHARGING AND UPON RECEIPT OF
OWNERS FINAL FREIGHT ACCOUNT TOGETHER WITH DEMURRAGE CALCULATION, N.O.R, S.O.F (SIGNED BY MASTER,
AGENTS AND/OR SHIPPERS AT LOAD, AND RECEIVERS/OR AT DISCHARGE PORT), AND OWNERS
LAYTIME CALCULATIONS.
CLAUSE 37 taxes
Free exins due to age /flag/ownership
Any taxes/dues on cargo chrs account
Any taxes/dues on vessel and
frt owners account
CLAUSE 38
hold readiness
VSLS HOLDS UPON TENDERING NOR
TO BE CLEAN SWEPT SO AS TO RECEIVE BULK CORN CARGO. IN ALL RESPECTS FREE
OF SALT, LOOSE RUST SCALE AND PREVIOUS CGO RESIDUE TO THE SATISFACTION OF THE
INDEPENDANT SURVEYOR AND IF VSL FAILS TO PASS ANY HOLDS INSPECTION THEN TIME
NOT TO COUNT UNTIL THE VSL IS CLEAN.
CHARTERERS PRIVILEGE TO PLACE
BULLDOZERS / PAYLOADERS WITH WHEEL RUBBER IN HOLDS TO FACILITATE TRIMING DURING LOADING AND OR
DISCHARGE USING VESSEL'S GEAR TO PLACE / REMOVE SAME IN / FROM VESSEL, ALWAYS
TO VESSEL'S TANK TOP STRENGTH AND GEAR CAPACITY AT CHARTERERS' /SHIPPERS/
RECEIVERS COST.
CLAUSE 39 notices
MASTER/OWENRS MUST KEEP
CHARTERERS WELL INFORMED ABOUT VESSEL ITINERARY AND MUST GIVE NOTICES:
AT LOAD PORT:VESSEL TO
GIVE 5/3/2/1 DAY ESTIMATED TIME OF
ARRIVAL NOTICE.
DISC PORT: UPON DEPARTURE OF
LOAD PORT AND 5/ 3/2/1 DAYS NOTIFICATIONS
CLAUSE 40 qtty determination
CARGO TO BE DETERMINED AS PER
draft survey bends.
CLAUSE 41 nor tender
n.o.r. to be TENDERED AND accepted
w/w/w/w
CLAUSE 42 agents
At loading :
CLAUSE 43 cargo delivery
cargo to be discharged against LOI asper
ows’ p+I wording to be drawn by the chrs on their head letter and sign+stamp by
them only if no bills of lading available in disc port
CLAUSE 44
documentation
--
CERTIFICATE STATING THAT THE CARRYING
VESSEL IS SUBJECT TO INETRNATIONAL SAFETY MANAGEMENT CODE (ISM) AND CARRIES
VALID SAFETY MANAGEMENT CERTIFICATE (smc) AND DOCUMENT OF COMPLIANCE (DOC) FOR
THE PURPOSE OF PRESENTING THEM TO PORT AUTHORITIES AT PORT OF DISCHARGE. THE
CERTIFICATE MUST SHOW THE VESSEL NAME AND BL NO.
CLAUSE 45
ANY OF THE FOLLOWING CLAUSES ARE EXCEPTED, REGARDLESS OF WHERE THEY
OCCUR: “ON ACCOUNT OF FORCE MAJEURE CIRCUMSTANCES” STRIKES OF LOCKOUTS AT THE
SHIPPER’S OR SUPPLIERS MINES OR FACTORY, ON RAIL WAYS, TRUCKS, OR AT THE PORTS
OF LOADING OR DISCHARGING, WAR OR EFFECTS OF WAR, REVOLUTION, CIVIL COMMOTION;
BREAKDOWN ON OR STOPPAGE OR SHORTAGE OF RAILSWAYS, TRUCKS, INTERRUPTIONS,
STOPPAGE OR BREAKDOWN AT THE FACTORY OF THE SHIPPERS’ OF THE SUPPLIERS’ NOW OR
HEREAFTER UNDER CONTRACT; STOPPAGE OR DESTRUCTION OF GOODS IN TRANSIT;
EPIDEMIC, FROST, FIRE, CYCLONES, STORMS,
FLOODS, EARTHQUAKES, UNAVOIDABLE ACCIDENTS TO MACHINERY OR
EQUIPMENT,
OR OTHER UNAVOIDABLE HINDANCES OR DELAY IN MINING, MANUFACTURING,
TRANSPORTING,LOADING DISCHARGING OR RECEIVING THE MATERIAL OR GOODS; RESTRAINS
OF ESTABLISHED AUTHORITIES; ANY DELAY CAUSED BY THE VESSEL, MASTER OR CREW; AND
ANY OTHER CAUSES ARISING/HAPPENING WITHOUT THE FAULT OF THE FAULT OF THE
CHARTERERS PREVENTING OR DELAYING THE MINING OR MANUFACTURING, SUPPLYING,
TRANSPORTING, LOADING,DISCHARGING OR RECEIVING OF THE CARGO CHARTERERS SHALL
NOT BE LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANY SUCH EXPECTED CAUSES
AND TIME LOST BY REASON THEREOF
SHALL NOT COUNT AS USED LAYTIME ON DEMURRAGE. (ANY FORCE MAJEURE
SHALL NOT COUNT AS USED LAYTIME ON DEMURRAGE.)
IN CASE OF EXTREME DIFFICULTIES, OR FORCE MAJEURE SITUATION, OWNERS
MUST CONSULT CHARTERERS AND BOTH PARTIES MUTUALLY AGREE A PLAN OF ACTION AND IN
WRITING.
CLAUSE46 arbitration
General average/arbitration
London/English law to apply
CLAUSE 47 commision
2.5% ttl on freight/demurrage/dead FREIGHT to be
DEDUCTED FROM FREIGHT
owners
charterers
REAL CHARTER PARTY (RECAP OF FIXTURE) FOR FULL CAPACITY CORN IN BULK OF ABT 50 SF WOG
CONTINENT GRAIN CHARTERPARTY
Code name: “SYNACOMEX 2000”
Adopted PARIS 1957 by SYNDICAT
NATIONAL DU COMMERCE EXTΙRIEUR DES CEREALES
amended 1960,1974,1990 and 2000
in agreement with COMITΙ CENTRAL DES ARMATEURS DE FRANCE
in cooperation with Chambre Arbitrale
Maritime de Paris and the French Chartering and S. & P. Brokers'
Association
PART l
1. Shipbroker(s) 2. Place and date of Charter Party
……………………………….. …………………………
3. Owners and place of business (state full
style and address) (Cl. 1) 4. Charterers and place of business (state full
style and address) (Cl. 1)
……………………………
………………………………..
5. Vessel’s name (Cl. 1) M/V ……………. (see cls 29) 6. First
layday date (Cl.
6) 23.11.2013 2013 00:01 LT
…………………………………………..
Cancelling date ………………………….. (Cl. 6)
………………………………………..
7.
Present position / expected ready to load (Cl. 1
8. Loading port(s) (Cl. 2) (see
cls 32)
1 SB 1 P ……………… ROMANIA
a)
Always afloat (*) b) "safely aground" (*)
10. Discharging port(s) (Cl. 3) (see
cls 32)
1 SB 1 P …………
EGYPT
Always afloat (*)
b) "safely aground" (*)
9. Advance notices (Cl. 7) see
cls 39
- at load port to:
-at
discharging port: number of days / to:
11. Cargo nature and quantities (Cl. 2) 12.
Freight rate (Cl. 4)
usd ……. USD/ MT
FCC CORN IN BULK
13. Freight rate payment (state currency and method of
payment, beneficiary 14. Loading rate (Cl. 5)
and bank account) (Cl. 4) (see
cls 35)
see cls 33
15. Discharging rate (Cl. 5)
See
cls 34
16. Demurrage / Despatch money (Cl. 9)
See cls 36
17. Agents at loading port(s) (Cl. 13) see cls42 18.
Agents at discharging port(s) (Cl. 13)
See
cls 42
19. Extra insurance, maximum (Cl. 14)see cls 37 20.
Brokerage commission and to whom payable (Cl. 15) see cls 47
21. Address Commission (Cl. 16) see cls 47
a) Deductible (*) b) Non-deductible (*)
22. Numbers of the additional clauses covering special
provisions, if any agreed cls 29-cls47 (included)
It is mutually agreed that this
Charter Party shall be performed subject to the conditions contained herein
consisting of PART I and PART II including additional clauses if any agreed and
stated in Box 22. In the event of a conflict of conditions, the provisions of
PART I shall prevail over those of PART II to the extent of such conflict but no further
For the Owners For the Charterers
………………………. ………………………………...
(*) Delete as appropriate; if no deletion, alternative
a) to apply.
This document is a
computer generated SYNACOMEX 2000 form printed by authority of SYNDICAT
NATIONAL DU COMMERCE EXTΙRIEUR
DES CEREALES (SYNACOMEX). Any insertion
or
deletion to the form must be clearly visible. In the event of any modification made to the pre-printed text of this document which is not clearly visible, the text of the original SYNACOMEX document
shall apply. BIMCO and SYNACOMEX assume no responsibility for any loss, damage or expense as a result of discrepancies between the original SYNACOMEX document and this computer
generated document.
deletion to the form must be clearly visible. In the event of any modification made to the pre-printed text of this document which is not clearly visible, the text of the original SYNACOMEX document
shall apply. BIMCO and SYNACOMEX assume no responsibility for any loss, damage or expense as a result of discrepancies between the original SYNACOMEX document and this computer
generated document.
PART ll
“SYNACOMEX 2000” Continent Grain Charterparty
1. Owners, Charterers 1
It is this day agreed
between the party designated in Box 3, 2
Owners of the Vessel
named and described in Box 5, being 3
now in position and
expected ready to load as mentioned in 4
Box 7, and the party designated in Box 4 as Charterers, THAT 5
2. Loading Port(s) and Cargo (Also see cls 32) 6
The said Vessel being
tight, staunch and in every way fit for 7
the voyage, shall
with all convenient speed proceed to the 8
place designated in Box 8, which in case of named port(s) 9
Owners acknowledge as
safe and suitable for this Vessel 10
been specifically
agreed in Box 8, in such safe berth, dock, 12
wharf or anchorage as
Charterers or their Agents or 13
Shippers may direct a
full and complete cargo of corn 14
11, in metric tons (5 % more or
less in Owners' option) in bulk. 16
Owners shall provide
and install at their risk and expense 20
and on their time all
that is required for safe stowage of 21
grain according to
local and international regulations. 22
The cargo shall not
exceed what the Vessel can reasonably 23
stow and carry over
and above her bunkers, apparel, stores, 24
provisions and
accommodation. The whole cargo shall be 25
carried and stowed
under deck in unobstructed main holds. 26
All cargo on board to
be delivered. 27
3. Discharging Port(s) (Also see cls 32) 35
Being so loaded, the
Vessel shall proceed with all convenient 36
speed direct to the
place designated in Box
10, which in 37
case of named port(s)
Owners acknowledge as safe and 38
suitable for this
Vessel, and there discharge the cargo 39
always afloat,
unless "safely aground" has been specifically 40
anchorage as
Charterers or their Agents or Receivers may 42
direct. Receivers
have the option of using a second safe 43
4. Freight (see cls 35) 47
The freight agreed
under this Charter Party shall be as 48
stated in Box 12, per metric ton on nett cargo loaded asper
draft survey 49
and shall be deemed
earned by the ows as cargo is loaded on board, 50
prepaid discountless
and non-returnable, Vessel and/or 51
cargo lost or not
lost. 52
The freight shall be
paid as specified in Box
13. 53
All charges and dues
levied on the cargo shall be for 54
Charterers' account
and those levied on the Vessel 55
howsoever assessed
shall be for Owners' account. 56
5. Loading and Discharging (see cls 33 -34) 57
Cargo shall be
loaded, spout-trimmed and/or stowed at the 58
risk and expense of
Shippers/Charterers at the average 59
rate stated in Box 14, weather permitting. 60
Cargo shall be
discharged at the risk and expense of 61
Receivers/Charterers
at the average rate stated in Box 15, 62
weather permitting. 63
Stowage shall be under
Master's direction and res- 64
ponsibility.
Shippers' and/or Charterers' representatives 65
have the right to be
on board the Vessel during loading, 66
discharging or
lightering for the purpose of inspecting the 67
cargo and/or
weighing. Charterers and Owners are allowed 68
to work overtime,
such expenses shall be for account of 69
the party ordering
same. If ordered by Port Authorities, 70
overtime shall be for
Charterers' account. Overtime services 71
rendered by ship's
crew shall be in all cases for Owners' 72
account. 73
6. Laydays, Cancelling 74
Charterers have the option of extending cancelling 75
this contract, such option to be declared , if demanded by owners 76
,at least 48 hours before vessel’s expected arrival at port of
loading 77
7. Vessel's Positions , Notices (see cls 39) 83
8. Laytime(see cls 33 -34) 93
Charterers or their
Agents have the privilege to inspect 103
Vessel's holds and
reject the notice when holds are not 104
clean, dry, odourless
and in all respects ready to receive 105
the cargo. 106
In case of dispute,
an independent surveyor shall decide 107
about Vessel's
readiness to load, the party in the wrong 108
bearing the costs. If
the rejection of notice of readiness is 109
undisputed or
confirmed by surveyor the laytime will only 110
start to count after
the Vessel has validly tendered again 111
when ready. 112
Only when the loading
and/or discharging berth is 113
unavailable, Master
may warrant that the Vessel is in all 114
respects ready and
may tender notice of readiness to load 115
and/or discharge from
any usual waiting place, whether in 116
port or not, whether
in free pratique or not, whether customs 117
cleared or not. 118
Any delays caused by
ice, floods, quarantine, or by cases 128
of "force
majeure" shall not count as laytime unless the 129
Vessel is already on
demurrage. 130
When Master has
tendered notice of readiness to load or 131
discharge from a
waiting place and Vessel is subsequently 132
found unready in
application of the above provisions, laytime 133
or time on demurrage
shall not count from the time the Vessel 134
is rejected until the
time she is accepted. Additionally, any 135
actual time lost on
account of Vessel's obtaining free pratique 136
or customs clearance
shall not count as laytime or time on 137
This document is a
computer generated SYNACOMEX 2000 form printed by authority of SYNDICAT
NATIONAL DU COMMERCE EXTΙRIEUR
DES CEREALES (SYNACOMEX). Any insertion
or
deletion to the form must be clearly visible. In the event of any modification made to the pre-printed text of this document which is not clearly visible, the text of the original SYNACOMEX document
shall apply. BIMCO and SYNACOMEX assume no responsibility for any loss, damage or expense as a result of discrepancies between the original SYNACOMEX document and this computer
generated document.
deletion to the form must be clearly visible. In the event of any modification made to the pre-printed text of this document which is not clearly visible, the text of the original SYNACOMEX document
shall apply. BIMCO and SYNACOMEX assume no responsibility for any loss, damage or expense as a result of discrepancies between the original SYNACOMEX document and this computer
generated document.
PART ll
“SYNACOMEX 2000” Continent Grain Charterparty
demurrage. 138
At all ports any time
lost shifting from waiting place to berth 144
shall not count as
laytime or as time on demurrage. 145
9. Demurrage, Despatch Money (see cls 36) 146
Demurrage is payable
by Charterers at the rate stated in 147
Box 16 per day of 24 consecutive hours
or pro rata. 148
Owners shall pay to
Charterers despatch money for laytime 149
saved in
loading/discharging at the rate stated in
Box 16 150
per day of 24
consecutive hours or pro rata. 151
10. Seaworthy Trim 152
If ordered to be
loaded or discharged at more than one 153
berth and/or port,
the Vessel is to be left in seaworthy trim 154
to Master's
reasonable satisfaction for the passage between 155
berths and/or ports
at Shippers’/Charterers'/Receivers' 156
expense, and time
used for placing Vessel in seaworthy 157
trim shall count as
laytime or time on demurrage. 158
11.
Fumigation 159
Charterers have the
liberty to fumigate the cargo on board 160
at loading and
discharging port(s) or places en route at 161
t sk and expense. Charterers are
responsible for 162
ensuring that
Officers and Crew as well as all other persons 163
on board the Vessel
during and after the fumigation are not 164
exposed to any health
hazards whatsoever. Charterers 165
undertake to pay
Owners all necessary expenses incurred 166
because of the
fumigation and time lost thereby shall count 167
as laytime or time on
demurrage. When fumigation has 168
been effected at
loading port and has been certified by 169
proper survey or by a
competent authority, Bills of Lading 170
shall not be claused
by Master for reason of insects having 171
been detected in the
cargo prior to such fumigation. 172
12. Lights and Gear 173
Whenever required,
Vessel shall supply free use of lights 174
as on board but
sufficient to carry on night work. 175
Provided described as
geared, Vessel, whenever required, 176
shall supply free use
of all cargo handling gear on board, in 177
good working order,
with the necessary power, and of 178
runners, ropes and
slings as on board. Shore hands shall 179
be used to drive the
gear, at Shippers'/Charterers'/ 180
Receivers' account.
Any time actually lost on account of 181
breakdown of Vessel's
gear shall not count as laytime or 182
time on demurrage and
any stevedore standby time charges 183
incurred thereby
shall be for Owners' account. 184
13. Agencies (see cls 42) 185
At loading port,
Vessel shall be consigned to the Agents 186
designated in Box 17. 187
At discharging port, Vessel shall be consigned
to the Agents 188
designated in Box 18. 189
14. Extra Insurance (see
cls 37) 190
15.
Brokerage 196
A brokerage commission as stated in Box 20 on the
gross 197
amount of freight, deadfreight and demurrage
earned, is 198
due to the party(ies) designated in Box 20 and is
deductible 199
from same unless "non-deductible"
has been specifically 200
agreed. 201
16.
Address Commission 202
An address commission as stated in Box 21 on the gross 203
amount of freight, deadfreight and demurrage
earned is 204
due to Charterers and is deductible from
freight, deadfreight 205
and demurrage. 206
17.
ISM Clause 207
From the date of coming into force of the
International Safety 208
Management (ISM) Code in relation to the
Vessel and 209
thereafter during the currency of this
Charter Party, the 210
Owners shall procure that both the Vessel and
"the 211
Company" (as defined by the ISM Code)
shall comply with 212
the requirements of the ISM Code. Upon
request the 213
Owners shall provide a copy of the relevant
Document of 214
Compliance (DOC) and Safety Management
Certificate 215
(SMC) to the Charterers. 216
Except as otherwise provided in this Charter
Party, loss, 217
damage, expense or delay caused by failure on
the part of 218
the Owners or "the Company" to
comply wth the ISM Code 219
shall be for the Owners' account. 220
18. Bills of Lading 221
The Master is to sign Bills of Lading as
presented without 222
prejudice to the terms, conditions and
exceptions of this 223
Charter Party. If the Master delegates the
signing of Bills of 224
Lading to his Agents, he shall give them
authority to do so 225
in writing, copy of which is to be furnished
to Charterers. 226
When Bills of Lading marked "Freight
prepaid" are required, 227
same shall be released by Owners immediately
upon receipt 228
of a telex from Charterers' Bank confirming
that freight 229
payable has been
irrevocably transferred. 230
20.
Deviation 234
Deviation in saving or attempting to save
life or property at 235
sea or for bunkering purposes or any other
reasonable 236
deviation shall not be deemed an infringement
of this 237
Charter Party and the Owners shall not be
liable for any 238
loss or damage resulting therefrom. 239
21. Lien Clause 240
The Owners shall have a lien on the cargo for
freight, 241
deadfreight, demurrage, and average
contribution due to 242
them under this Charter Party. 243
22. Responsibilities and Immunities 244
Except as otherwise provided and stipulated
in this Charter 245
Party, it is hereby expressly agreed that
this Charter Party 246
shall have effect subject to the provisions
of the Hague Rules 247
contained in the International Convention for
the Unification 248
of certain rules relating to Bills of Lading,
dated Brussels 249
the 25th August 1924, as enacted in the
country of shipment. 250
These rules shall apply to any Bill of Lading
issued under 251
this Charter Party. 252
When no such enactment is in force in the
country of 253
shipment, the corresponding legislation of
the country of 254
destination shall apply, but in respect of
shipments to which 255
no such enactments are compulsorily
applicable, the terms 256
of the said Convention shall apply. 257
In trades where the International Brussels
Convention 1924 258
as amended by the Protocol signed at Brussels
on February 259
23rd, 1968 - The Hague - Visby Rules - apply
compulsorily, 260
the provisions of the respective legislation
shall apply. 261
The Owners shall in no case be responsible
for loss of or 262
damage to cargo howsoever arising prior to
loading into 263
and after discharge from the Vessel. 264
This document is a computer generated
SYNACOMEX 2000 form printed by authority of SYNDICAT NATIONAL DU COMMERCE
EXTΙRIEUR DES CEREALES (SYNACOMEX). Any
insertion or
deletion to the form must be clearly visible. In the event of any modification made to the pre-printed text of this document which is not clearly visible, the text of the original SYNACOMEX document
shall apply. BIMCO and SYNACOMEX assume no responsibility for any loss, damage or expense as a result of discrepancies between the original SYNACOMEX document and this computer
generated document.
deletion to the form must be clearly visible. In the event of any modification made to the pre-printed text of this document which is not clearly visible, the text of the original SYNACOMEX document
shall apply. BIMCO and SYNACOMEX assume no responsibility for any loss, damage or expense as a result of discrepancies between the original SYNACOMEX document and this computer
generated document.
PART ll
“SYNACOMEX
2000” Continent Grain Charterparty
Save to the extent otherwise in this Charter
Party expressly 265
provided, neither party shall be responsible
for any loss or 266
damage or delay or failure in performance
hereunder 267
resulting from Act of God, war, civil
commotion, quarantine, 268
strikes, lockouts, arrest or restraint of
princes, rulers and 269
peoples or any other event whatsoever which
cannot be 270
avoided or guarded against. 271
23. Amended General Ice Clause 272
Port of Loading 273
a) In the event of the loading port being
inaccessible by 274
reason of ice when
Vessel is ready to proceed from her last 275
port or at any time
during the voyage or on Vessel's arrival 276
or in case frost sets
in after Vessel's arrival, the Master for 277
fear of being frozen
in is at liberty to leave without cargo, 278
and this Charter
Party shall be null and void. 279
b) If during the
loading the Master, for fear of Vessel being 280
frozen in, deems it
advisable to leave, he has liberty to do 281
so with what cargo he
has on board and to proceed to any 282
other port or ports
with option of completing cargo for 283
Owner's benefit to
any port or ports including port of 284
discharge. Any part
cargo thus loaded under this Charter 285
Party to be forwarded
to destination at Vessel's expense 286
but against payment
of freight, provided that no extra 287
expenses be thereby
caused to the Receivers, freight being 288
paid on quantity
delivered (in proportion if lumpsum), all 289
other conditions as
per Charter Party. 290
c n case of more than one loading port, and if
one or more 291
of the ports are
closed by ice, the Master or Owners to be 292
at liberty either to
load the part cargo at the open port and 293
fill up elsewhere for
their own account as under section b) 294
or to declare this
Charter Party null and void unless 295
Charterers agree to
load full cargo at the open port. 296
Port of Discharge 297
a) Should ice prevent
Vessel from reaching port of 298
discharge, Receivers
shall have the option of keeping Vessel 299
waiting until the
reopening of navigation and paying 300
demurrage, or of
ordering the Vessel to a safe and 301
immediately
accessible port where she can safely discharge 302
without risk of
detention by ice. Such orders to be given 303
within 48 hours after
Master or Owners have given notice 304
to Charterers of the
impossibility of reaching port of 305
destination. 306
b) If during
discharging the Master for fear of Vessel being 307
frozen in deems it
advisable to leave, he has liberty to do 308
so with what cargo he
has on board and to proceed to the 309
nearest accessible
port where she can safely discharge. 310
c) On delivery of the
cargo at such port, all conditions of 311
the Bill of Lading
shall apply and Vessel shall receive the 312
same freight as if
she had discharged at the original port of 313
destination, except
that if the distance of the substituted 314
port exceeds 100
nautical miles, the freight on the cargo 315
delivered at the
substituted port to be increased in 316
proportion. 317
24. Amended Centrocon Strike Clause 318
25. General Average
and New Jason Clause 341
General average shall
be adjusted according to the York- 342
Antwerp Rules 1994 or
any subsequent modification thereof, 343
26. Both-to-Blame Collision Clause 368
If the liability for any collision in which
the Vessel is involved 369
while performing this Charter Party falls to
be determined 370
in accordance with the laws of the United Kingdom and EnglishLaw to apply 371
the following Clause shall apply: 372
"If the ship comes into collision with
another ship as a result 373
of the negligence of the other ship and any
act, neglect or 374
default of the master, mariner, pilot or the
servants of the 375
carrier in the navigation or in the
management of the ship, 376
the owners of the goods carried hereunder
will indemnify 377
the carrier against all loss or liability to
the other or non- 378
carrying ship or her owners in so far as such
loss or liability 379
represents loss of or damage to or any claim
whatsoever 380
of the owners of the said goods, paid or
payable by the 381
other or non-carrying ship or her owners to
the owners of 382
the said goods and set off, recouped or
recovered by the 383
other or non-carrying ship or her owners as
part of their 384
claim against the carrying ship or carrier. 385
The foregoing provisions shall also apply
where the 386
Owners, Operators or those in charge of any
ship or ships 387
or objects other than, or in addition to, the
colliding ships or 388
objects are at fault in respect to a
collision or contact" 389
and the Charterers shall procure that all
Bills of Lading issued 390
under this Charter Party shall contain the
same Clause. 391
27. War risks ("Voywar 1993") 392
a) For the purpose of this Clause, the words: 393
(i) "Owners" shall include the
shipowners, bareboat 394
charterers, disponent-owners, managers or
other operators 395
who are charged with the management of the
Vessel, and 396
This document is a computer generated
SYNACOMEX 2000 form printed by authority of SYNDICAT NATIONAL DU COMMERCE
EXTΙRIEUR DES CEREALES (SYNACOMEX). Any
insertion or
deletion to the form must be clearly visible. In the event of any modification made to the pre-printed text of this document which is not clearly visible, the text of the original SYNACOMEX document
shall apply. BIMCO and SYNACOMEX assume no responsibility for any loss, damage or expense as a result of discrepancies between the original SYNACOMEX document and this computer
generated document.
deletion to the form must be clearly visible. In the event of any modification made to the pre-printed text of this document which is not clearly visible, the text of the original SYNACOMEX document
shall apply. BIMCO and SYNACOMEX assume no responsibility for any loss, damage or expense as a result of discrepancies between the original SYNACOMEX document and this computer
generated document.
PART ll
“SYNACOMEX
2000” Continent Grain Charterparty
the Master; and 397
(ii) "War Risks" shall include any
war (whether actual or 398
threatened), act of war, civil war,
hostilities, revolution, 399
rebellion, civil commotion, warlike operations, the laying of 400
mines (whether actual or reported), acts of
piracy, acts of 401
terrorists, acts of hostility or malicious
damage, blockades 402
(whether
imposed against all vessels or imposed selectively 403
against vessels of certain flags or
ownership, or against 404
certain cargoes or crews or otherwise
howsoever), by any 405
person, body, terrorist or political group,
or the Government 406
of any state whatsoever, which, in the
reasonable judgement 407
of the Master and/or the Owners, may be dangerous or are 408
likely to be or to
become dangerous to the Vessel, her cargo, 409
crew or other persons
on board the Vessel. 410
b) If at any time
before the Vessel commences loading, it 411
appears that, in the
reasonable judgement of the Master 412
and/or the Owners,
performance of the Charter Party, or 413
any part of it, may
expose, or is likely to expose, the Vessel, 414
her cargo, crew or
other persons on board the Vessel to 415
War Risks, the Owners
may give notice to the Charterers 416
cancelling this
Charter Party, or may refuse to perform such 417
part of it as may
expose, or may be likely to expose, the 418
Vessel, her cargo,
crew or other persons on board the Vessel 419
to War Risks; provided
always that if this Charter Party 420
provides that loading
or discharging is to take place within a 421
range of ports, and at the port or ports nominated by the 422
Charterers the
Vessel, her cargo, crew, or other persons 423
onboard the Vessel
may be exposed, or may be likely to be 424
exposed, to War
Risks, the Owners shall first require the 425
Charterers to
nominate any other safe port which lies within 426
the range for loading
or discharging, and may only cancel 427
this Charter Party if
the Charterers shall not have nominated 428
such safe port or
ports within 48 hours of receipt of notice of 429
such requirement. 430
c) The Owners shall
not be required to continue to load 431
cargo for any voyage,
or to sign Bills of Lading for any port 432
or place, or to
proceed or continue on any voyage, or on 433
any part thereof, or
to proceed through any canal or 434
waterway, or to
proceed to or remain at any port or place 435
whatsoever, where it
appears, either after the loading of 436
the cargo commences,
or at any stage of the voyage 437
thereafter before the
discharge of the cargo is completed, 438
that, in the
reasonable judgement of the Master and/or the 439
Owners, the Vessel,
her cargo (or any part thereof), crew 440
or other persons on
board the Vessel (or any one or more 441
of them) may be, or
are likely to be, exposed to War Risks. 442
If it should so
appear, the Owners may by notice request 443
the Charterers to
nominate a safe port for the discharge of 444
the cargo or any part thereof, and if within 48 hours of the 445
receipt of such
notice, the Charterers shall not have 446
nominated such a
port, the Owners may discharge the cargo 447
at any safe port of
their choice (including the port of loading) 448
in complete
fulfilment of the Charter Party. The Owners shall 449
be entitled to
recover from the Charterers the extra expenses 450
of such discharge
and, if the discharge takes place at any 451
port other than the
loading port, to receive the full freight as 452
though the cargo had
been carried to the discharging port 453
and if the extra
distance exceeds 100 miles, to additional 454
freight which shall
be the same percentage of the freight 455
contracted for as the
percentage which the extra distance 456
represents to the
distance of the normal and customary 457
route, the Owners
having a lien on the cargo for such. 458
expenses and freight 459
d) If at any stage of
the voyage after the loading of the 460
cargo commences, it
appears that, in the reasonable 461
judgement of the
Master and/or the Owners, the Vessel, 462
her cargo, crew or
other persons on board the Vessel may 463
be, or are likely to
be, exposed to War Risks on any part of 464
the route (including
any canal or waterway) which is normally 465
and customarily used
in a voyage of the nature contracted 466
for, and there is
another longer route to the discharging 467
port, the Owners
shall give notice to the Charterers that 468
this route will be
taken. In this event the Owners shall be 469
entitled, if the
total extra distance exceeds 100 miles, to 470
additional freight
which shall be the same percentage of 471
the freight
contracted for as the percentage which the extra 472
distance represents
to the distance of the normal and 473
customary route. 474
e) The Vessel shall have
liberty:- 475
(i) to comply with
all orders, directions, recommendations 476
or advice as to
departure, arrival, routes, sailing in convoy, 477
ports of call,
stoppages, destinations, discharge of cargo, 478
delivery or in any
way whatsoever which are given by the 479
Government of the
Nation under whose flag the Vessel sails, 480
or other Government
to whose laws the Owners are subject, 481
or any other
Government which so requires, or any body or 482
group acting with the
power to compel compliance with their 483
orders or directions; 484
(ii) to comply with
the orders, directions or recom- 485
mendations of anywar
risks underwriters who have the 486
authority to give the
same under the terms of the war risks 487
insurance; 488
(iii) to comply with
the terms of any resolution of the Security 489
Council of the United
Nations, any directives of the European 490
Community, the
effective orders of any other Supranational 491
body which has the
right to issue and give the same, and 492
with national laws aimed
at enforcing the same to which 493
the Owners are
subject, and to obey the orders and 494
directions of those
who are charged with their enforcement; 495
(iv) o discharge at
any other port any cargo or part thereof 496
which may render the
Vessel liable to confiscation as a 497
contraband carrier; 498
(v) to call at any
other port to change the crew or any part 499
thereof or other
persons on board the Vessel when there is 500
reason to believe
that they may be subject to internment, 501
imprisonment or other
sanctions; 502
(vi) where cargo has
not been loaded or has been 503
discharged by the
Owners under any provisions of this 504
Clause, to load other
cargo for the Owners' own benefit 505
and carry it to any
other port or ports whatsoever, whether 506
backwards or forwards
or in a contrary direction to the 507
ordinary or customary
route. 508
f) If in compliance
with any of the provisions of sub-clauses 509
b) to e) of this
Clause anything is done or not done, such 510
shall not be deemed
to be a deviation, but shall be 511
considered as due
fulfilment of the Charter Party. 512
28. Arbitration (see cls 46) 513
Any dispute arising
out of the present contract shall be 514
referred to Arbitration
of "Chambre Arbitrale Maritime de 515
any disputes to
arbitration ceases twelve months after date 520
of completion of
discharge or, in case of cancellation or non- 521
performance, twelve
months after the cancelling date as per 522
Clause 6 or after the
actual date of cancellation whichever is 523
the later. Where this
provision is not complied with, the claim 524
shall be deemed to be
waived and absolutely barred. 525
This document is a
computer generated SYNACOMEX 2000 form printed by authority of SYNDICAT
NATIONAL DU COMMERCE EXTΙRIEUR
DES CEREALES (SYNACOMEX). Any insertion
or
deletion to the form must be clearly visible. In the event of any modification made to the pre-printed text of this document which is not clearly visible, the text of the original SYNACOMEX document
shall apply. BIMCO and SYNACOMEX assume no responsibility for any loss, damage or expense as a result of discrepancies between the original SYNACOMEX document and this computer
generated document.
deletion to the form must be clearly visible. In the event of any modification made to the pre-printed text of this document which is not clearly visible, the text of the original SYNACOMEX document
shall apply. BIMCO and SYNACOMEX assume no responsibility for any loss, damage or expense as a result of discrepancies between the original SYNACOMEX document and this computer
generated document.
good, who prepars the recap, and who prepares the fixture note
ReplyDelete