It is mutually agreed that this Contract shall be performed subject to the conditions contained in this Charter which shall include Part I as well as Part II.
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.
1.
| It is agreed between the party mentioned in Box 3 as the Owners of the Vessel
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| 6.
| Laytime
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| named in Box 5, of the GT/NT indicated in Box 6 and carrying about the number
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| | * (a) Separate laytime for loading and discharging
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| of metric tons of deadweight capacity all told on summer loadline states in Box
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| | The cargo shall be loaded within the number of running days/hours as
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| 7, now in position as stated in Box 8 and expected ready to load under this
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| | indicated in Box 16, weather permitting, Sundays and holidays excepted,
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| Charter Party about the date indicated in Box 9, and the party mentioned as the
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| | unless used, in which event time actually used shall count.
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| Charterers in Box 4 that:
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| | The cargo shall be discharged within the number of running days/hours as
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| The said Vessel shall, as soon as her prior commitments have been completed,
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| | indicated in Box 16, weather permitting, Sundays and holidays excepted,
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| proceed to the loading port(s) or place(s) stated in Box 10 or so near thereto as
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| | unless used, in which event time used shall count.
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| she may safely get and lie always afloat, and there load a full and complete
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| | * (b) Total laytime for loading and discharging
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| cargo (if shipment of deck cargo agreed same to be at Charterers’ risk and
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| | The cargo shall be loaded and discharge within the number of total running
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| responsibility) as stated in Box 12, which the Charterers being themselves to
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| | days / hours as indicated in Box 16, weather permitting, Sundays and holidays
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| ship, and being so loaded the Vessel shall proceed to the discharging port(s) or
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| | excepted, unless used, in which event time actually used shall count.
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| place(s) stated in Box 11 as ordered on signing Bill(s) of Lading, or so near
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| | (c) Commencement of laytime (loading and discharging)
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| thereto as she may safely get and lie always afloat, and there deliver the cargo.
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| | Laytime for loading and discharging shall commence at 13.00 hours, if notice of
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| | readiness is given up to and including 12.00 hours, and at 6 hours next
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2.
| Owners’ Responsibility Clause
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| | working day if notice given during office hours after 12.00 hours. Notice of
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| The Owners are to be responsible for loss of or damage to the goods or for
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| | readiness at loading port to be given to the Shippers named in Box 17 or if not
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| delay in delivery of the goods only in case the loss, damage or delay has been
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| | named, to the Charterers or their agents named in Box 18. Notice of readiness
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| caused by personal want of due diligence on part of the Owners or their
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| | at the discharging port to be given to the Receivers or, if not known, to the
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| Manager to make the Vessel in all respects seaworthy and to secure that she is
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| | Charterers or their agents named in Box 19.
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| properly manned, equipped and supplied or by the personal act or default of
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| | If the loading/discharging berth is not available on the Vessel’s arrival at or off
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| the Owners or their Manager.
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| | the port of loading/discharging, the Vessel shall be entitled to give notice of
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| And the Owners are not responsible for loss, damage or delay arising from any
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| readiness within ordinary office hours on arrival there, whether in free pratique
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| other cause whatsoever, even from the neglect or default of the Owners or crew
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| | or not, whether customs cleared or not. Laytime or time on demurrage shall
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| or some other person employed by the Owners on board or ashore for whose
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| | then count as if she were in berth and in all respects ready for loading/
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| acts they would, but for this clause, be responsible, or from unseaworthiness of
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| | discharging provided that the Master warrants that she is in fact ready in all
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| the Vessel on loading or commencement of the voyage or at any time
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| | respects. Time used in moving from the place of waiting to the loading/
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| whatsoever.
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| | discharging berth shall not count as laytime.
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| | If, after inspection, the Vessel is found not to be ready in all respects to load/
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3.
| Deviation Clause
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| discharge time lost after the discovery thereof until the Vessel is again ready to
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| The Vessel has liberty to call at any port or ports in any order, for any purpose,
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| load/discharge shall not count as laytime.
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| to sail without pilots, to tow and/or assist Vessels in all situations, and also to
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| Time used before commencement of laytime shall count.
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| deviate for the purpose of saving life and / or property.
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| | * Indicate alternative (a) or (b) as agreed, in Box 16.
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| |
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4.
| Payment of Freight
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| 7.
| Demurrage
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| (a) The freight at the rate stated in Box 13 shall be paid in cash calculated on the
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| | Demurrage at the loading and discharging port is payable by the Charterers at
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| intaken quantity of cargo.
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| | the rate stated in Box 20 in the manner stated in Box 20 per day or pro rata for
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| (b) Prepaid. If according to Box 13 freight is to be paid on shipment, it shall be
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| | any part of a day. Demurrage shall fall due day by day and shall be payable
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| deemed earned and non-returnable, Vessel and/or cargo lost or not lost.
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| | upon receipt of the Owners’ invoice.
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| Neither the Owners nor their agents shall be required to sign or endorse Bill(s) of
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| | In the event the demurrage is not paid in accordance with the above, the
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| Lading showing freight prepaid unless the freight due to the Owners has
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| | Owners shall give the Charterers 96 running hours written notice to rectify the
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| actually been paid.
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| | failure. If the demurrage is not paid at the expiration of this time limit and if the
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| (c) On delivery. If according to Box 13 freight, or part thereof, is payable at
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| | Vessel is in or at the loading port, the Owners are entitled at any time to
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| destination it shall not be deemed earned until the cargo is thus delivered.
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| | terminate the Charter Party and claim damages for any losses caused thereby.
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| Notwithstanding the provisions under (a), if freight or part thereof is payable on
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| |
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| delivery of the cargo the Charterers shall have the option of paying the freight
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| 8.
| Lien Clause
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| on delivered weight/quantity provided such option is declared before breaking
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| | The Owners shall have a lien on the cargo for freight and all sub-freight payable in
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| bulk and the weight/quantity can be ascertained by official weighing machine,
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| | respect of the cargo, for freight, deadfreight, demurrage, claims for damages
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| joint draft survey or tally.
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| | and for all other amounts due under this Charter Party including costs of
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| Cash for Vessel’s ordinary disbursements at the port of loading to be advanced
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| | recovering same.
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| by the Charterers, if required, at highest current rate of exchange, subject to
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| |
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| two (2) per cent to cover insurance and other expenses.
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| 9.
| Cancelling Clause
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| | (a) Should the Vessel not be ready to load (whether in berth or not) on the
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5.
| Loading/Discharging Costs
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| | cancelling date indicated in Box 21, the Charterers have the option of
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| (a) Costs/Risks
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| | cancelling this Charter Party.
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| The cargo shall be brought into the holds, loaded, stowed and/or trimmed,
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| | (b) Should the Owners anticipate that, despite the exercise of due diligence,
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| tallied, lashed and/or secured and taken from the holds and discharged by the
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| | the Vessel will not be ready to load by the cancelling date, they shall notify the
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| Charterers, free of any risk, liability and expense whatsoever to the Owners.
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| | Charterers thereof without delay stating the expected date of the Vessel’s
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| The Charterers shall provide and lay all dunnage material as required for the
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| | readiness to load and asking whether the Charterers will excercise their option
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| proper stowage and protection of the cargo on board, the Owners allowing the
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| | of cancelling the Charter Party, or agree to a new cancelling date.
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| use of all dunnage available on board. The Charterers shall be responsible for
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| | Such option must be declared by the Charterers within 48 running hours after
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| and pay the cost of removing their dunnage after discharge of the cargo under
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| | the receipt of the Owners’ notice. If the Charterers do not exercise their option
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| this Charter Party and time to count until dunnage has been removed.
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| | of cancelling, then this Charter Party is deemed to be amended such that
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| (b) Cargo Handling Gear
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| | the seventh day after the new readiness date stated in the Owners’ notification
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| Unless the Vessel is gearless or unless it has been agreed between the parties
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| | to the Charterers shall be the new cancelling date.
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| that the Vessel’s gear shall not be used and stated as such in Box 15, the
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| | The provisions of sub-clause (b) of this Clause shall operate only once, and in
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| Owners shall throughout the duration of loading/discharging give free use of
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| | case of the Vessel’s further delay, the Charterers shall have the option of
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| the Vessel’s cargo handling gear and of sufficient motive power to operate all
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| | cancelling the Charter Party as per sub-clause (a) of this Clause.
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| such cargo handling gear. All such equipment to be in good working order.
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| |
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| Unless caused by negligence of the stevedores, time lost by breakdown of the
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| 10.
| Bill(s) of Lading
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| Vessel’s cargo handling gear or motive power – pro rata the total number of
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| | Bill(s) of Lading shall be presented and signed by the Master as per the
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| cranes/winches required at that time for the loading/discharging of cargo
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| | “Congenbill” Bill(s) of Lading form, Edition 1994, without prejudice to this Charter
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| under this Charter Party – shall not count as laytime or time on demurrage.
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| | Party, or by the Owners’ agents provided written authority has been given by
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| On request the Owners shall provide free of charge cranemen/winchmen from
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| | the Owners to the agents, a copy of which is to be furnished to the Charterers. The
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| the crew to operate the Vessel’s cargo handling gear, unless local regulations
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| | Charterers shall indemnify the Owners against all consequences or liabilities
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| prohibit this, in which latter event shore labourers shall be for the account of the
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| | that may arise from the signing of Bill(s) of Lading as presented to the extent that
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| Charterers. Cranemen/winchmen shall be under the Charterers’ risk and
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| | the terms or contents of such Bill(s) of Lading impose or result in the imposition of
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| responsibility and as stevedores to be deemed as their servants but shall
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| | more onerous liabilities upon the Owners than those assumed by the Owners
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| always work under the supervision of the Master.
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| | under this Charter Party.
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| (c) Stevedore Damage
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| |
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| The Charterers shall be responsible for damage (beyond ordinary wear and
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| 11.
| Both-to-Blame Collision Clause
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| tear) to any part of the Vessel caused by Stevedores. Such damage shall be
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| | If the Vessel comes into collision with another vessel as a result of the
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| notified as soon as reasonably possible by the Master to the Charterers or their
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| | negligence of the other vessel and any act, neglect or default of the Master,
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| agents and tot heir Stevedores, failing which the Charterers shall not be held
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| | Mariner, Pilot or the servants of the Owners in the navigation or in the
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| responsible. The Master shall endeavour to obtain the Stevedores’ written
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| | management of the Vessel, the owners of the cargo carried hereunder will
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| acknowledgement of liability.
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| | indemnify the Owners against all loss or liability to the other or non-carrying
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| The Charterers are obliged to repair any stevedore damage prior to completion
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| | vessel or her owners in so far as such loss or liability represents loss of, or
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| of the voyage, but must repair stevedore damage affecting the Vessel’s
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| | damage to, or any claim whatsoever of the owners of said cargo, paid or
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| seaworthiness or class before the Vessel sails from the port where such
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| | payable by the other on non-carrying vessel or her owners to the owners of said
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| damage was caused or found. All additional expenses incurred shall be for the
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| | cargo and set-off, recouped or recovered by the other or non-carrying vessel
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| account of the Charterers and any time lost shall be for the account of and shall
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| | or her owners as part of their claim against the carrying Vessel or the Owners.
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| be paid to the Owners by the Charterers at the demurrage rate.
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| | The foregoing provisions shall also apply where the owners, operators or those
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| | in charge of any vessel or vessels or objects other than, or in addition to, the
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| | colliding vessels or objects are at fault in respect of a collision or contact.
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12.
| General Average and New Jason Clause
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| | expose, or may be likely to expose, the Vessel, her cargo, crew or other
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| General Average shall be adjusted in London unless otherwise agreed in Box
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| | persons on board the Vessel to War Risks; provided always that if this
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| 22 according to York-Antwerp Rules 1994 and any subsequent modification
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| | Contract of Carriage provides that loading or discharging is to take place
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| thereof. Proprietors of cargo to pay the cargo’s share in the general expenses
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| | within a range or ports, and at the port or ports nominated by the Charterers
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| even if same have been necessitated through neglect or default of the Owners’
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| | the Vessel, her cargo, crew, or other persons onboard the Vessel may be
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| servants (see Clause 2).
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| | exposed, or may be likely to be exposed, to War Risks, the Owners shall
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| If General Average is to be adjusted in accordance with the law and practice of
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| | first require the Charterers to nominate any other safe port which lies
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| the United States of America, the following Clause shall apply: “In the event of
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| | within the range for loading or discharging, and may only cancel this
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| accident, danger, damage or disaster before or after the commencement of the
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| | Contract of Carriage if the Charterers shall not have nominated such safe
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| voyage, resulting from any cause whatsoever, whether due to negligence or
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| | port or ports within 48 hours of receipt of notice of such requirement.
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| not, for which, or for the consequence of which, the Owners are not
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| (3)
| The Owners shall not be required to continue to load cargo for any voyage,
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| responsible, by statute, contract or otherwise, the cargo shippers, consignees
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| | or to sign Bill(s) of Lading for any port or place, or to proceed or continue on
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| or the owners of the cargo shall contribute with the Owners in General Average
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| | any voyage, or on any part thereof, or to proceed through any canal or
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| to the payment of any sacrifices, losses or expenses of a General Average
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| | waterway, or to proceed to or remain at any port or place whatsoever,
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| nature that may be made or incurred and shall pay salvage and special charges
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| | where it appears, either after the loading of the cargo commences, or at
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| incurred in respect of the cargo. If a salving Vessel is owned or operated by the
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| | any stage of the voyage thereafter before the discharge of the cargo is
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| Owners, salvage shall be paid for as fully as if the said salving Vessel or Vessels
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| | completed, that, in the reasonable judgement of the Master and/or the
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| belonged to strangers. Such deposit as the Owners, or their agents, may deem
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| | Owners, the Vessel, her cargo (or any part thereof), crew or other persons
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| sufficient to cover the estimated contribution of the goods and any salvage and
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| | on board the Vessel (or any one or more of them) may be, or are likely to be,
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| special charges thereon shall, if required, be made by the cargo, shippers,
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| | exposed to War Risks. If it should so appear, the Owners may by notice
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| consignees of owners of the goods to the Owners before delivery.”
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| | request the Charterers to nominate a safe port for the discharge of the
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| |
| | cargo or any part thereof, and if within 48 hours of the receipt of such
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13.
| Taxes and Dues Clause
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| | notice, the Charterers shall not have nominated such a port, the Owners
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| (a) On Vessel – The Owners shall pay all dues, charges and taxes customarily
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| | may discharge the cargo at any safe port of their choice (including the port
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| levied on the Vessel, howsoever the amount thereof may be assessed.
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| | of loading) in complete fulfilment of the Contract of Carriage. The Owners
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| (b) On cargo – The Charterers shall pay all dues, charges, duties and taxes
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| | shall be entitled to recover from the Charterers the extra expenses of such
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| customarily levied on the cargo, howsoever the amount thereof may be
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| | discharge and, if the discharge takes place at any port other than the
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| assessed.
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| | loading port, to receive the full freight as though the cargo had been
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| (c) On freight – Unless otherwise agreed in Box 23, taxes levied on the freight
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| | carried to the discharging port and if the extra distance exceeds 100 miles,
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| shall be for the Charterers’ account.
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| | to additional freight which shall be the same percentage of the freight
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| | contracted for as the percentage which the extra distance represents to
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14.
| Agency
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| | the distance of the normal and customary route, the Owners having a lien
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| In every case the Owners shall appoint his own Agent both at the port of
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| | on the cargo for such expenses and freight.
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| loading and the port of discharging.
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| (4)
| If at any stage of the voyage after the loading of the cargo commences, it
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| | appears that, in the reasonable judgement of the Master and/or the
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15.
| Brokerage
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| | Owners, the Vessel, her cargo, crew or other persons on board the Vessel
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| A brokerage commission at the rate stated in Box 24 on the freight, deadfreight
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| | may be, or are likely to be, exposed to War Risks on any part of the route
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| and demurrage earned is due to the party mentioned in Box 24.
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| | (including any canal or waterway) which is normally and customarily used
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| In case of non-execution at least 1/3 of the brokerage on the estimated amount of
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| | in a voyage of the nature contracted for, and there is another longer route
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| freight to be paid by the party responsible for such non-execution to the
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| | to the discharging port, the Owners shall give notice to the Charterers that
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| Brokers as indemnity for the latter’s expenses and work. In case of more
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| | this route will be taken. In this event the Owners shall be entitled, f the total
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| voyages the amount of indemnity to be agreed.
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| | extra distance exceeds 100 miles, to additional freight which shall be the
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| | same percentage of the freight contracted for as the percentage which the
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16.
| General Strike Clause
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| | extra distance represents to the distance of the normal and customary
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| (a) If there is a strike or lock-out affecting or preventing the actual loading of the
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| | route.
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| cargo, or any part of it, when Vessel is ready to proceed from her last port or
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| (5)
| The Vessel shall have liberty:-
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| at any time during the voyage to the port or ports of loading or after her arrival
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| | (a) to comply with all orders, directions, recommendations or advise as to
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| there, the Master or the Owners may ask Charterers to declare, that they
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| | departure, arrival, routes, sailing in convoy, ports of call, stoppages
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| agree to reckon the laydays as if there were no strike or lock-out. Unless the
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| | destinations, discharge of cargo, delivery or in any way whatsoever which
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| Charterers have given such declaration in writing (by telegram, if necessary)
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| | are given by Government of the Nation under whose flag the Vessel
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| within 24 hours, the Owners shall have the option of cancelling this Charter
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| | sails, or other Government to whose laws the Owners area subject, or any
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| Party. If part cargo has already been loaded, the Owners must proceed with
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| | other Government which so required, or any body or group acting with the
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| same, (freight payable on loaded quantity only) having liberty to complete with
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| | power to compel compliance with their orders or directions;
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| other cargo on the way for their own account.
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| | (b) to comply with the orders, directions or recommendations of any war
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| (b) If there is a strike or lock-out affecting or preventing the actual discharging
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| | risks underwriters who have the authority to give the same under the terms
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| of the cargo on or after Vessel’s arrival at or off port of discharge and same
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| | of the war risks insurance;
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| has not been settled within 48 hours, the Charterers shall have the option of
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| | (c) to comply with terns of any resolution of the Security Council of the
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| keeping the Vessel waiting until such strike or lock-out is at and end against
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| | United Nations, any directives of the European Community, the effective
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| paying half demurrage after expiration of the time provided for discharging
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| | orders of any other Supranational body which has the right to issue and
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| until the strike or lock-out terminates and thereafter full demurrage shall be
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| | give the same, and with national laws aimed at enforcing the same to which the
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| payable until the completion of discharging, or of ordering the Vessel to a safe
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| | Owners are subject, and to obey the orders and directions of those who
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| port where she can safely discharge without risk of being detained by strike or
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| | are charged with their enforcement;
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| lock-out. Such orders to be given within 48 hours after the Master or the
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| | (d) to discharge at any other port any cargo or part thereof which may
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| Owners have given notice to Charterers of the strike or lock-out affecting
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| | render the Vessel liable to confiscation as a contraband carrier;
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| the discharge. On delivery of the cargo at such port, all conditions of this
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| | (e) to call at any other port to change the crew or any part thereof or other
|
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| Charter Party and of the Bill(s) of Lading shall apply and Vessel shall receive
|
| | persons on board the Vessel there is reason to believe that they may
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| the same freight as if she had discharged at the original port of destination,
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| | be subject to internment, imprisonment of other sanction;
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| except that if the distance of the substituted port exceeds 100 nautical miles,
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| | (f) where cargo has not been loaded or has been discharged by the
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| the freight on the cargo delivered at the substituted port to be increased in
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| | Owners under any provisions of this Clause, to load other cargo for the
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| proportion.
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| | Owners’ own benefit and carry it to any other port or ports whatsoever,
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| (c) Except for the obligations described above, neither the Charterers nor the
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| | whether backwards or forwards or in a contrary direction to the ordinary or
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| Owners shall be responsible for the consequences of any strikes or lock-outs
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| | customary route.
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| preventing or affecting the actual loading or discharging of the cargo.
|
| (6)
| If in compliance with any of the provision of sub-clauses (2) to (5) of this
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|
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| Clause anything is done or not done, such shall not be deemed to be a
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|
17.
| War Risks (“Voywar 1993”)
|
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| deviation, but shall be considered as due fulfilment of the Contract of
|
|
(1)
| For the purpose of this Clause, the words:
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|
| Carriage.
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| (a) The “Owners” shall include the shipowners, bareboat Charterers,
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| |
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| disponent Owners, managers or other operators who are charged with the
|
| 18.
| General Ice Clause
|
|
| management of the Vessel, and the Master; and
|
| | Port of loading
|
|
| (b) “War Risks” shall include any war (whether actual or threatened), act of
|
| | (a) In the event of the loading port being inaccessible by reason of ice when the
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| war, civil war, hostilities, revolution, rebellion, civil commotion, warlike
|
| | Vessel is ready to proceed from her last port or at any time during the voyage or
|
|
| operations, the laying of mines (whether actual or reported), acts of piracy,
|
| | on Vessel’s arrival or incase frost sets in after Vessel’s arrival, the
|
|
| acts of terrorists, acts of hostility or malicious damage, blockades
|
| | Master for fear of being frozen in it at liberty to leave without cargo, and this
|
|
| (whether imposed against all Vessels or imposed selectively against
|
| | Charter Party shall be null and void.
|
|
| Vessels of certain flags or ownership, or against certain cargoes or crews
|
| | (b) If during loading the Master, for fear of Vessel being frozen in, deems it
|
|
| or otherwise howsoever), by any person, body, terrorist or political group,
|
| | advisable to leave, he has liberty to do so with what cargo he has on board and
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|
| or the Government of any state whatsoever, which in the reasonable
|
| | to proceed to any other port or ports with option of completing cargo for the
|
|
| judgement of the Master and/or the Owners, may be dangerous or are
|
| | Owners’ benefit for any port or ports including port of discharging. Any part
|
|
| likely to be or to become dangerous to the Vessel, her cargo, crew or other
|
| | cargo thus loaded under this Charter Party to be forwarded to destination at the
|
|
| persons on board the Vessel.
|
| | Vessel’s expense but against payment of freight, provided that no extra
|
|
(2)
| If at any time before the Vessel commences loading, it appears that, in the
|
| | expenses be thereby causes to the Charterers, freight being paid on quantity
|
|
| reasonable judgement of the Master and/or the Owners, performance of
|
| | delivered (in proportion if lumpsum), all other conditions as per this Charter Party.
|
|
| the Contract of Carriage, or any part of it, may expose, or is likely to expose,
|
| | Party.
|
|
| the Vessel, her cargo, crew or other persons on board the Vessel to War
|
| | (c) In case of more than one loading port, and if one or more of the ports are
|
|
| Risks, the Owners may give notice to the Charterers cancelling this
|
| | closed by ice, the Master or the Owners to be at liberty either to load the part
|
|
| Contract of Carriage , or may refuse to perform such part of it as may
|
| | cargo at the open port and fill up elsewhere for their own account as under
|
|
|
|
| | section (b) or to declare the Charter Party null and void unless Charterers
|
|
|
|
| | agree to load full cargo at the open port.
|
|
| Port of discharge
|
| |
|
|
| (a) Should ice prevent Vessel from reaching port of discharge the
|
| |
|
|
| Charterers shall have the option of keeping Vessel waiting until the re-
|
| |
|
|
| opening of navigation and paying demurrage, or ordering the Vessel to a safe
|
| |
|
|
| and immediately accessible port where she can safely discharge without risk of
|
| |
|
|
| detention by ice. Such orders to be given within 48 hours after the Master or the
|
| |
|
|
| Owners have given notice to Charterers of the impossibility of reaching port
|
| |
|
|
| of destination.
|
| |
|
|
| (b) If during discharging the Master for fear of Vessel being frozen in deems
|
| |
|
|
| it advisable to leave, he has liberty to do so with what cargo he has on board and
|
| | |
|
| to proceed to the nearest accessible port where she can safely discharge.
|
| |
|
|
| (c) On delivery of the cargo at such port, all conditions of the Bill(s) of Lading shall
|
| |
|
|
| apply and Vessel shall receive the same freight as if she had discharged at
|
| |
|
|
| the original port of destination, except that if the distance of the substituted port
|
| |
|
|
| exceeds 100 nautical miles, the freight on the cargo delivered at the substituted
|
| |
|
|
| port to be increased in proportion.
|
| |
|
|
|
|
| |
|
|
19.
| Law and Arbitration
|
| |
|
|
*
| (a) This Charter Party shall be governed by and construed in accordance with
|
| |
|
|
| English law and any dispute arising out of this Charter Party shall be referred to
|
| |
|
|
| arbitration in London in accordance with the Arbitration Acts 1950 and 1979 or
|
| |
|
|
| any statutory modification or re-enactment thereof for the time being in force.
|
| |
|
|
| Unless the parties agree upon a sole arbitrator, one arbitrator shall be
|
| |
|
|
| appointed by each party and the arbitrators so appointed shall appoint a third
|
| |
|
|
| arbitrator, the decision of the three-man tribunal thus constituted or any two of
|
| |
|
|
| them, shall be final. On the receipt by one party of the nomination in writing of
|
| |
|
|
| the other party’s arbitrator, that party shall appoint their arbitrator within
|
| |
|
|
| fourteen days, failing which the decision of the single arbitrator appointed shall
|
| |
|
|
| be final.
|
| |
|
|
| For disputes where the total claimed by either party does not exceed the
|
| |
|
|
| amount stated in Box 25** the arbitration shall be conducted in accordance
|
| |
|
|
| with the Small Claims Procedure of the London Maritime Arbitrators
|
| |
|
|
| Association.
|
| |
|
|
*
| (b) This Charter Party shall be governed by and construed in accordance with
|
| |
|
|
| Title 9 of the United States Code and the Maritime Law of the United States and
|
| |
|
|
| should any dispute arise out of this Charter Party, the matter in dispute 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 purpose of enforcing any award, this
|
| |
|
|
| agreement may be made a rule of the Court. The proceedings shall be
|
| |
|
|
| conducted in accordance with the rules of the Society of Maritime Arbitrators,
|
| |
|
|
| Inc..
|
| |
|
|
| For disputes where the total amount claimed by either party does not exceed
|
| |
|
|
| the amount stated in Box 25** the arbitration shall be conducted in accordance
|
| |
|
|
| with the Shortened Arbitration Procedure of the Society of Maritime Arbitrators,
|
| |
|
|
| Inc..
|
| |
|
|
*
| (c) Any dispute arising out of this Charter Party shall be referred to arbitration at
|
| |
|
|
| the place indicated in Box 25, subject to the procedures applicable there. The
|
| |
|
|
| laws of the place indicated in Box 25 shall govern this Charter Party.
|
| |
|
|
| (d) If Box 25 in Part I is not filled in, sub-clause (a) of this Clause shall apply.
|
| |
|
|
*
| (a), (b) and (c) are alternatives; indicate alternative agreed in Box 25.
|
| |
|
|
* *
| Where no figure is supplied in Box 25 in Part i, this provision only shall be void but
|
| |
|
|
| the other provisions of this Clause shall have full force and remain in effect.
|
| |
|
|