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TIME CHARTER
2003 Standard Form
Issued by China Maritime Arbitration Commission£¨CMAC£©
This Charter Party, made and concluded in this day of Between
Owners of the Vessel described below, and
Charterers.
Description of Vessel
Name Flag Built (year).
Port and number of Registry Classed in
Deadweight long*/metric* tons (cargo and bunkers, including
freshwater and stores not exceeding long*/metric* tons) on
a salt water draft of
on summer freeboard.
Capacity cubic feet grain cubic feet bale space.
Tonnage GT/GRT.
Speed about knots, fully laden, in good weather conditions
up to and including maximum Force on the Beaufort wind scale,
on a consumption of about long*/metric* tons of
*Delete as appropriate.
For further description see Appendix "A" (if applicable
)
1. Duration
The Owners agree to let and the Charterers agree to hire the
Vessel from the time of delivery for a period of
within below - mentioned trading limits.
2. Delivery
The vessel shall be placed at the disposal of the Charterers
at
the vessel on her delivery shall be ready to receive cargo
with clean- swept holds and tight, staunch, strong and in
every way fitted for ordinary cargo service, having water
ballast and with sufficient power to operate all cargo- handling
gear simultaneously.
The Owners shall give the Charterers not less than days notice
of expected date of delivery.
3. On-Off Hire Survey
Prior to delivery and redelivery the parties shall, unless
otherwise agreed, each appoint surveyors, for their respective
accounts, who shall not later than a first loading port/last
discharging port respectively, conduct joint on -hire /off
-hire surveys, for the purpose of ascertaining quantity of
bunkers on board and the condition of the Vessel. A single
report shall be prepared on each occasion and signed by each
surveyor, without prejudice to his right to file a separate
report setting forth items upon which the surveyors cannot
agree. If either party fails to have a representative attend
the survey and sign the joint survey report, such party shall
nevertheless be bound for all purposes by the findings in
any report prepared by the other party. On -hire survey shall
be on Charterers' time and off hire survey on Owners' time.
4. Dangerous Cargo/Cargo Exclusions
(a) The vessel shall be employed in carry lawful merchandise
excluding any goods of a dangerous, injurious, flammable or
corrosive nature unless carried in accordance with the requirements
or recommendations of the competent authorities of the country
of the Vessel's registry and of ports of shipment and discharge
and of any intermediate countries or ports through whose waters
the Vessel must pass. Without prejudice to the generality
of the foregoing, in addition the following are specifically
excluded: livestock of any description, arms, ammunition,
explosives, nuclear and radioactive materials,
(b)If IMO- classified cargo is agreed to be carried, the
amount of such cargo shall be limited to tons and the Charterers
shall provide the Master with any evidence he may reasonably
stowed in accordance with IMO regulations, failing which the
Master is entitled to refuse such cargo or, if already loaded,
to unload it at the Charterers' risk and expense.
5. Trading Limits
The vessel shall be employed in such lawful trades between
safe orts and safe places within
excluding
as the Charterers shall direct.
6. Owners to Provide
The Owners shall provide any pay for the insurance of the
Vessel, except as otherwise provided, and for al provisions,
cabin, deck, engine-room and other necessary stores, including
boiler water; shall pay for wages, consular shipping and discharging
fees of the crew and charges for port services pertaining
to the crew; shall maintain the vessel's class and keep her
in a thoroughly efficient state in hull, machinery and equipment
for and during the service, and have a full complement of
officers and crew.
7. Charterers to provide
The Charterers, while the vessel in on hire, shall provide
and pay for all the bunkers except as otherwise agreed; shall
pay for port charges (including compulsory watchmen and cargo
watch men and compulsory garbage disposal ), all communication
expenses pertaining to the Charterers' business at cost, pilotages,
towages, agencies, commissions, consular charges(except those
pertaining to individual crew members or flag of the Vessel),
and all other usual expenses except those stated in Clause
6, but when the Vessel puts into a port for causes for which
the Vessel is responsible (other than by stress of weather),
then all such charges incurred shall be paid by the Owners.
Fumigations ordered because of illness of the crew shall be
for the Owners' account. Fumigations ordered because of cargoes
carried or ports visited while the vessel is employed under
this Charter Party shall be for the Charterers' account. All
other fumigations shall be for the Charterers' account after
the vessel had been on charter for a continous period of six
months or more.
The Charterers shall provide and pay for necessary dunnage
and also any extra fittings requisite for a special trade
or unusual cargo, but the Owners shall allow them the use
of any dunnage already aboard the Vessel. Prior to redelivery
the Charterers shall remove their dunnage and fittings at
their cost and in their time.
8. Performance of Voyages
(a) The Master shall perform the voyages with due dispatch,
and shall render all customary assistance with the Vessel's
crew. The Master shall be conversant with eth English language
and (although appointed by the Owners) shall be under the
orders and directions of the Charterers as regards employment
and agency; and the Charterers shall perform all cargo handling,
including but not limited to loading, stowing, trimming, lashing,
securing, dunnaging, unlasing, discharging, and tallying,
at their risk and expense, under the supervision of the Master.
(b) If the Charterers shall have reasonable cause to be dissatisfied
with the conduct of the Master or officers, the Owners shall,
on receiving particulars of the complaint, investigate the
same, and, if necessary, make a change in the appointments.
9. Bunkers
(a) the Charterers on delivery, and the Owners on redelivery,
shall take over and pay for all fuel and diesel oil remaining
on board the Vessel as hereunder. The vessel shall be delivered
with: long*/metric* tons of fuel oil at the price of per ton;
tons of diesel oil at the price of per ton. The vessel shall
be redelivered with: tons of fuel oil at the price of per
ton;
tons of diesel oil at the price of per ton.
*Same tons apply throughout this clause.
(b) The Charterers shall supply bunkers of a quality suitable
for burning in the vessel's engines and auxiliaries and which
conform to the specification(s) as set out in Appendix A.
The Owners reserve their right to make a claim against the
Charterers for any damage to the main engines or the auxiliaries
caused by the use of unsuitable fuels or fuels not complying
with the agreed specification(s). additionally, if bunker
fuels supplied do not conform with the mutually agreed specification(s)
or otherwise prove unsuitable for burning in the Vessel's
engines or auxiliaries, the Owners shall not be held responsible
for any reduction in the Vessel's speed performance and /or
increased bunker consumption, nor for any time lost and any
other consequences.
9. Rate of Hire/Redelivery Areas and Notices
The Charterers shall pay for the use and hire of the said
Vessel at the rate of $ U.S. currency, daily, or $ U.S. currency
per ton on the Vessel's total deadweight carrying capacity,
including bunkers and stores, on summer freeboard, per 30
days, commencing on and from the day of her delivery, as aforesaid,
and at and after the same rate for any part of a month; hire
shall continue until the hour of the day of her redelivery
in like good order and condition, ordinary wear and tear excepted,
to the Owners (unless Vessel lost) at
unless otherwise mutually agreed.
The Charterers shall give the Owners not less than days notice
of the Vessel's expected date and probable port of redelivery.
For the purpose of hire calculations, the times of delivery,
redeliver or termination of charter shall be adjusted to GMT.
11. Hire Payment
(a) Payment
Payment of Hire shall be made so as to be received by the
Owners or their designated payee in , viz
in currency, or in United States Currency, in funds available
to the Owners on eth due date, 15 days in advance, and for
the last month or part of same the approximate amount of hire,
and should same not cover eth actual time, hire shall be paid
for eth balance day by day as it becomes due, if so required
by the Owners. Failing the punctual and regular payment of
the hire, or on any fundamental breach whatsoever of this
Charter Party, the Owners shall be at liberty to withdraw
the Vessel from the service of the Charterers without prejudice
to any claims they (the Owners ) may otherwise have on the
Charterers.
At any time after the expiry of the grace period provided
in Sub-clause 11 (b) hereunder and while the hire is outstanding,
the Owners shall, without prejudice to the liberty to withdraw,
be entitled to withhold the performance of any and all of
their obligations hereunder and shall have no responsibility
whatsoever for any consequences thereof, in respect of which
the Charterers hereby indemnify the Owners, and hire shall
continue to accrue and any extra expenses resulting from such
withholding shall be for the Charterers' account.
(b) Grace Period
Where there is failure to-make punctual and regular payment
of hire due to oversight, negligence, errors or omissions
on the part of the Charterers of their bankers, the Charterers
shall be given by the Owners clear banking days (as recognized
at the agreed place of payment) written notice to rectify
the failure, and when so rectified within those days following
the Owner's notice, the payment shall stand as regular and
punctual.
Failure by the Charterers to pay the hire within days of their
receiving the Owners' notice as provided herein, shall entitle
the Owners to withdraw as set forth in Sub-clause 11 (a) above.
(c) Last Hire Payment
Should the Vessel be on her voyage towards port of redelivery
at the time the last and/or the penultimate payment of hire
is/are due, said payment(s) is/are to be made for such length
of time as the Owners and the Charterers may agree upon as
being the estimated time necessary to complete the voyage,
and taking into account bunkers actually on board; to be taken
over by the Owners and estimated disbursements for the Owners'
account before redelivery. Should same not cover the actual
time, hire is to be paid for the balance, day by day, as it
becomes due. When the Vessel has been redelivered , any difference
is to be refunded by the Owners or paid by the Charterers,
as the case may be .
(d) Cash Advances
Cash for the Vessel's ordinary disbursements at any port may
be advanced by the Charterers, as required by the Owners,
subject to 2 ~ percent commission and such advances shall
be deducted from the hire. The Charterers, however, shall
in no way be responsible for the application of such advances.
12. Berths
The Vessel shall be loaded and discharged in any safe dock
or at any safe berth or safe place that Charterers or their
agents may direct, provided the Vessel can safely enter, lie
and depart always afloat at any time of tide.
13. Spaces Available
(a) The whole reach of the Vessel's holds, decks, and other
cargo spaces (not more than she can reasonably and safely
stow and carry) , also accommodations for supercargo, if carried,
shall be at the Charterers' disposal, reserving only proper
and sufficient space for the vessel" s ott1cers, crew,
tackle, apparel, furniture, provisions , stores and fuel.
(b) In the event of deck cargo being carried, the Owners are
to be and are hereby indemnified by the Charterers for any
loss and/or damage and/or liability of whatsoever nature caused
to the Vessel as a result of the carriage of deck cargo and
which would not have arisen had deck cargo not been loaded.
14. Supercargo and Meals
The Charterers are entitled to appoint a supercargo, who shall
accompany the Vessel at the Charterers' risk and see that
voyages are performed with due despatch. He is to be furnished
with free accommodation and same fare as provided for the
Master's table. the Charterers paying at the rate of per day.
The Owners shall victual pilots and customs officers. and
also. when authorized by the Charterers or their agents. shall
victual tally clerks. stevedore's foreman. etc. , Charterers
paying at the rate of per meal for all such victualing.
15. Sailing Orders and Logs
The Charterers shall furnish the Master from time to time
with all requisite instructions and sailing directions. in
writing. in the English language. and the Master shall keep
full and correct deck and engine logs of the voyage or voyages.
which are to be patent to the Charterers or their agents.
and furnish the Charterers, their agents or supercargo, when
required, with a true copy of such deck and engine logs, showing
the course of the Vessel , distance run and the consumption
of bunkers. Any log extracts required by the Charterers shall
be in the English language.
16. Delivery/ Cancelling
If required by the Charterers, time shall not commence before
and should the Vessel not be ready for delivery on or before
but not later than hours, the Charterers shall have the option
of cancelling this Charter Party.
Extension of Cancelling
If the Owners warrant that, despite the exercise of due diligence
by them, the Vessel will not be ready for delivery by the
cancelling date, and provided the Owners are able to state
with reasonable certainty the date on which the Vessel will
be ready, they may, at the earliest seven days before the
Vessel is expected to sail for the port or place of delivery,
require the Charterers to declare whether or not they will
cancel the Charter Party. Should the Charters elect not to
cancel, or should they fail to reply within two 'IS or by
the cancelling date, whichever shall.first occur, then the
seventh day after the expected date of readiness for delivery
as notified by the Owners shall replace the original cancelling
date.. Should the Vessel be further delayed, the Owners shall
be entitled to require further declarations of the Charterers
in accordance with this clause.
17 . Off. Hire
In the event of loss time from deficiency and/or default and/or
strike of officers or crew, or deficiency of stores , fire,
breakdown of, or damages to hull, machinery or equipment,
grounding, detention by the arrest of the Vessel ( unless
such arrest is caused by events for which the Charterers,
their servants, agents or subcontractors are responsible),
or detention by average accidents to the Vessel or cargo unless
resulting. from inherent vice, quality or defect of the cargo,
dry docking for the purpose of examination or painting bottom,
or by any other similar cause preventing the full working
of the Vessel , the payment of hire and overtime, if any,
shall cease for the time thereby lost. Should the Vessel deviate
or put back during a voyage, contrary to the orders or directions
of her Charterers, for any reason other than accident to the
cargo or where permitted in Clause 22 hereunder, the hire
is to be suspended from the time of her deviating or putting
back until she is again in the same or equidistant position
from the destination and the voyage resumed therefrom. All
bunkers used by the Vessel while off hire shall be for the
Owners' account. In the event of the Vessel being driven into
port or to anchorage through stress of weather, trading to
shallow harbors or to rivers or ports with bars, any detention
of the Vessel and/ or expenses resulting from such detention
shall befor the Charterers' account. If upon the voyage the
speed be reduced by defect in, or breakdown of, any part of
her hull, machinery or equipment, the time so lost, and the
cost of any extra bunkers consumed in consequence thereof,
and all extra proven expenses may be deducted from the hire.
18. Sublet
Unless otherwise agreed, the Charterers shall have the liberty
sublet the Vessel for all or any part of the time covered
by this charter Party, but the Charterers remain responsible
for the fulfillment of this Charter Party.
19. Drydocking
The Vessel was last drydocked
*(a) The Owners shall have the option to place the Vessel
in drydock during the currency of this Charter at a convenient
time and place, to be mutually agreed upon between the Owners
and the Charterers, for bottom cleaning and painting and/
or repair as required by class or dictated by circumstances.
* (b)Except in case of emergency no drydocking shall take
place during the currency of this Charter Party.
*Delete as appropriate
20. Total Loss
Should the Vessel be lost, money paid in advance and not earned
(reckoning from the date of loss or being last heard of) shall
be returned to the Charterers at once.
21. Exceptions
The act of God , enemies, fire, restraint of princes, rulers
and people, and all dangers and accidents of the seas, rivers,
machinery, boilers, and navigation, and errors of navigation
throughout this Charter, always mutually excepted.
22. Liberties
The Vessel shall have the liberty to sail with or without
pilots , to tow and to be towed, to assist vessels in distress,
and to deviate for the purpose of saving .life and property.
23. Liens
The Owners shall have a lien upon all cargoes and all sub-freights
and/or sub-hire for any amounts due under this Charter Party,
including general average contributions, and the Charterers
shall have a lien on the Vessel for all monies paid in advance
and not earned, and any overpaid hire or excess deposit to
be returned at once.
The Charterers will not directly or indirectly suffer, nor
permit to be continued, ally lien or encumbrance, which might
have priority over the title and interest of the Owners in
the Vessel. The Charterers undertake that during the period
of this Charter Party, they will not procure any supplies
or necessaries or services, including any port expenses and
bunkers, on the credit of the Owners or in the Owners' time.
24. Salvage
All derelicts and salvage shall be for the Owners' and the
Charterers' equal benefit after deducting Owners' and Charterers'
expenses and crew's proportion.
25. General Average
General average shall be adjusted according to York-Antwerp
Rules 1974, as amended 1990, or any subsequent modification
thereof, in
in currency.
The Charterers shall procure that all bills of lading issued
during the currency of the Charter Party will contain a provision
to the effect that general average shall be adjusted 'according
to York- .Antwerp Rules 1974, as amended 1990, or any subsequent
modification thereof and will include the "New Jason
Clause" as per Clause31 .
Time charter hire shall not contribute to general average.
26 . Navigation
Nothing herein stated is to be construed as a demise of the
Vessel to the Time Charterers. The Owners shall remain responsible
for the navigation of the Vessel , acts of pilots and tug
boats, insurance, crew, and all other matters, same as when
trading for their account.
27. Cargo Gear and Lights
The Owners shall maintain the cargo handling gear of the Vessel
which is as follows:
providing gear (for all derricks or cranes) capable of lifting
capacity as described. The Owners shall also provide on the
Vessel for night work lights as on board, but all additional
lights over those on board shall be at the Charterers' expense.
The Charterers shall have the use of any gear on board the
Vessel. If required by the Charterers, the Vessel shall work
night and day and all cargo handling gear shall be at the
Charterers' disposal during loading and discharging. In the
event of disabled cargo handling gear, or insufficient power
to operate the same, the Vessel is to be considered to be
off hire to the extent that time is actually lost to the Charterers
and the Owners to pay stevedore stand-by charges occasioned
thereby, unless such disablement or insufficiency of power
is caused by the Charterers' stevedores. If required by the
Charterers, the Owners shall bear the cost of hiring shore
gear in lieu thereto, in which case the Vessel shall remain
on hire.
28. Crew Overtime
In lieu of any overtime payments to officers and crew of work
ordered by the Charterers or their agents, the Charterers
shall pay the Owners, concurrently with the hire per month
or pro rata.
29. Bills of Lading
(a) The Master shall sign the bills of lading or waybills
for cargo as presented in conformity with mates or tally clerk's
receipts. However, the Charterers may sign bills of lading
or waybills on behalf of the Master, with the Owner's prior
written authority, always in conformity with mates or tally
clerk's receipts.
(b) All bills of lading or waybills shall be without prejudice
to this Charter Party and the Charterers shall indemnify the
Owners against all consequences or liabilities which may arise
from any inconsistency between this Charter Party and any
bills of lading or waybills signed by the Charterers or by
the Master at their requst.
( c ) Bill of lading covering deck cargo shall be claused
" Shipped on deck at Charterers' , Shippers' and Receivers'
risk, expense and responsibility, without liability on the
part of the Vessel , or her Owners for any loss, damage, expense
or delay howsoever caused. "
30. Protective Clause
This Charter Party is subject to the following clauses all
of which are also to be included in all bills of lading or
waybills issued hereunder:
(a) CLAUSE PARAMOUNT
"This bill of lading shall have effect subject to the
provisions of the Hague Rules, or the Hague- Visby Rules,
as applicable, or such other similar national legislation
as may mandatorily apply by virtue of origin or destination
of the bills of lading, which shall be deemed to be incorproated
herein and nothing herein contained shall be deemed a surrender
by the carrier of any of its rights or immunities or an increase
of any of its responsibilities or liabilities under said applicable
Act. If any term of this bill of lading be repugnant to said
applicable Act to any extent, such term shall be void to that
extent, but not further. "
and
(b) BOTH- TO-BLAME COLLISION CLAUSE
"If the ship comes into collision with another ship as
a result of the negligence of the other ship and any act,
neglect or default of the master, mariner, pilot or the servants
of the carrier in the navigation or in the management of the
ship, the Owners of the goods carried hereunder will indemnify
the carrier against all loss or liability to the other or
non-carrying ship or her Owners insofar as such loss or liability
represents loss of, or damage to, or any claim whatsoever
of the Owners of said goods, paid or payable by the other
or non-carrying ship or her Owners to the Owners of said goods
and set off, recouped or recovered by the other or non-carrying
ship or her Owners to the Owners of said goods and set off,
recouped or recovered by the other or non-carrying ship or
her Owners as part of their claim against the carrying ship
or carrier.
The foregoing provisions shall also apply where the Owners,
operators or those in charge of any ships or objects other
than, or in addition to, the colliding ships or objects are
at fault in respect to a collision or contact. "
and
(c) NEW JASON CLAUSE
"In the event of accident, danger, damage or disaster
before or after the commencement of the voyage resulting from
any cause whatsoever, whether due to negligence or not, for
which, or for consequences of which, the carrier is not responsible,
by statute, contract, or otherwise, the goods, shippers, consignees,
or
Owners of the goods shall contribute with the carrier in general
average to the payment of any sacrifices, losses, or expenses
of a general average nature that may be made or incurred,
and shall pay salvage and special charges incurred in respect
of the goods.
If a salving ship is owned or operated by the carrier, salvage
shall be paid for as fully as if salving ship or ships belonged
to strangers. Such deposit as the carrier or his agents may
deem sufficient to cover the estimated contribution of the
goods and any salvage and special charges thereon shall ,
if required be made by the good, shipper, consignees or Owners
of the goods to the carrier before delivery. "
and
(d) U.S. TRADE-DRUG-CLAUSE
"In pursuance of the provisions of the Criminal Law of
the People' Republic of China,Customs Law of the the People'
Republic of China and the Decision on Anti Drug Abuse issued
by the Standing Committee of the National People's Congress
,the Charterers warrant to exercise the highest degree of
care and diligence in preventing unmanifested narcotic drugs
and marijuana to be loaded or concealed on board the Vessel.
Non-compliance with the provisions of this clause shall amount
to breach of warranty for consequences of which the Charterers
shall be liable and shall hold the Owners, the Master and
the crew of the Vessel harmless and shall keep them indemnified
against all claims whatsoever which may arise and be made
against them individually or jointly. Furthermore, all time
lost and all expenses incurred , including fines as a result
of the Charterers' breach of the provisions of this clause
shall be for the Charterer's account and the Vessel shall
remain on hire.
Should the Vessel be arrested as a result of the Charterers'
non-compliance with the provisions of this clause, the Charterers
shall at their expense take all reasonable steps to secure
that within a reasonable time the Vessel is released and at
their expense put up the bails to secure release of the Vessel.
The Owners shall remain responsible for all time lost and
all expenses incurred, including fines, in the event that
unmanifested narcotic drugs and marijuana are found in the
possession or effects of the Vessel's personnel. "
and
(e) WAR CLAUSES
"(i) No contraband of war shall be shipped. The Vessel
shall not be required, without the consent of the Owners which
shall not be unreasonably withheld, to enter any port or zone
which is involved in a state of war, warlike operations, or
hostilities, civil strife, insurrection or piracy whether
there be a declaration of war
or not, where the Vessel , cargo or crew might reasonably
be expected to be subject to capture, seizure or arrest, or
to a hostile act by a belligerent power (the term "power"
meaning any de jure or defacto authority or any purported
governmental organization maintaining naval, military or air
forces).
(ii) If such consent is given by the Owners, the Charterers
will pay the provable additional cost of insuring the Vessel
against hull war risks in an amount equal to the value under
her ordinary hull policy but not exceeding a valuation of
In addition, the Owners may purchase and the Charterers will
pay for war risk insurance on ancillary risks such as loss
of hire, freight disbursements, total loss , blocking and
trapping, etc. If such insurance is not obtainable commercially
or through a government program, the Vessel shall not be required
to enter or remain at any such port or zone.
(iii) In the event of the existence of the conditions described
in (i) subsequent to the date of this Charter, or while the
Vessel is on hire under this Charter, the Charterers shall
, in respect of voyages to any such port or zone assume the
provable additional cost of wages and insurance properly incurred
in connection with master , officers and crew as a consequence
of such war, warlike operationsor hostilities.
(iv) Any war bonus to officers and crew due to the Vessel's
trading or cargo carried shall be for the Charterers's account.
"
31. War Cancellation
In the event of the outbreak of war ( whether there be a declaration
of war or not) between any two or more of the following countries:xxxxxxxxxxx,
either the Owners or the Charterers may cancel this Charter
Party .Whereupon, the Charterers shall redeliver the Vessel
to the Owners in accordance with Clause 101 if she has cargo
on board, after discharge thereof at destination, or, if debarred
under this Clause from reaching or entering it, at a near
open and safe port as directed by the Owners; or , if she
has no cargo on board, at the port at which she then is lor
, if at sea, at a near open and safe port as directed by the
Owners. In all cases hire shall continue to be paid in accordance
with Clause 11 and except as aforesaid all other provisions
of this Charter Party shall apply until redelivery.
32. Ice
The Vessel shall not be required to enter or remain in any
icebound port or area, nor any port or area where lights or
lightships have been or are about to be withdrawn by reason
of ice, nor where there is risk that in the ordinary course
of things the Vessel will not be able on account of ice to
safely enter and remain in the port or area or to get out
after having completed loading or discharging. Subject to
the Owners' prior approval the Vessel is to follow icebreakers
when reasonably required with regard to her size, construction
and ice class.
33. Requisition
Should the Vessel be requisitioned by the government of the
Vessel's flag during the period Of this Charter Party, the
Vessel shall be deemed to be off hire during the period of
such requisition , period any hire paid by the said government
in respect of such requisition period shall be retained by
the Owners. The period during which the Vessel is on requisition
to the said government shall count as part of the period provided
for in this Charter Party.
If the period of requisition exceeds months, either party
shall have the option of cancelling this Charter Party and
no consequential claim may be made by either party.
34. Stevedore Damage
Notwithstanding anything contained herein to the contrary,
the Charterers shall pay for any and all damage to the Vessel
caused stevedores provided the Master has notified the Charterers
and/ their agents in writing as soon as practical but not
later than 48 hours after any damage is discovered. Such notice
to specify the damage in detail and to invite Charterers to
appoint a surveyor to as the extent of such damage.
(a) In case of any and all damage(s) affecting the Vessel's
seaworthiness and/or the safety of the crew and/or affecting
the trading capabilities of the Vessel, the Charterers shall
immediately arrange for repairs of such damage(s) at their
expense and the Vessel is remain on hire until such repairs
are completed and if required passed by the Vessel's classification
society.
( b ) Any and all damage ( s ) not described under point (
a) above shall be repaired at the Charterers' option, before
or after redelivery concurrently with the Owners' work. In
such case no hire and /or expenses will be paid to the Owners
except and insofar as the time and/or the expenses required
for the repairs for which the Charterers are responsible,
exceed the time and/or expenses necessary to carry out the
Owners' work.
35. Cleaning of Holds
The Charterers shall provide and pay extra for sweeping and/or
washing and/ or cleaning of holds between voyages and/ or
between cargoes provided such work can be undertaken by the
crew and is permitted by local regulations, at the rate of
per hold.
In connection with any such operation, the Owners shall not
be responsible if the Vessel's holds are not accepted or passed
by the port or any other authority. The Charterers shall have
the option to re-deliver the Vessel with unclean/unswept holds
against a lumpsum payment of in lieu of cleaning.
36. Taxes
Charterers to pay all local, State, National taxes and/ or
dues assessed on the Vessel or the Owners resulting from the
Charterers' orders herein, whether assessed during or after
the currency of this Charter Party including any taxes and/or
dues on cargo and/or freights and/or sub-freights and/or hire
{excluding taxes levied by the country of the flag of the
Vessel or the Owners}.
37. Charterers' Colors
The Charterers shall have the privilege of flying their own
house flag and painting the Vessel with their own markings.
The Vessel shall be repainted in the Owners' colors before
termination of the Charter Party. Cost and time of painting,
maintaining and repainting those changes effected by the Charterers
shall be for the Charterers' account.
38. Laid Up Returns
The Charterers shall have the benefit of any return insurance
premium receivable the the Owners from their underwriters
as and when received from underwriters by reason of the Vessel
being in port for a minimum period of 30 days if on full hire
for this period or pro rata for the time actually on hire.
39. Documentation
The Owners shall provide any documentation relating to the
Vessel that may be required to permit the Vessel to trade
within the agreed trade limits, including, but not limited
to certificates of financial responsibility for oil pollution,
provided such oil pollution certificates are obtainable from
the Owners' P &. I club, valid international tonnage certificate,
Suez and Panama tonnage certificates , valid certificate of
registry and certificates relating to the strength and/or
serviceability of the Vessel's gear.
40. Stowaways
(a) (i) The Charterers warrant to exercise due care and diligence
in preventing stowaways in gaining access to the Vessel by
mean of secreting away in the goods and/ or containers shipped
by the Charterers.
(ii) If, despite the exercise of due care and diligence by
the Charterers, stowaways have gained access to the Vessel
by means of secreting away in the goods and/ or containers
shipped by the Charterers, this shall amount to breach of
charter for the consequences of which the Charterers shall
be liable and shall hold the Owners sharmless and shall keep
them indemnified against all claims whatsoever which may arise
and be made against them. Furthermore, all time lost and all
expenses whatsoever and howsoever incurred , including fines,
shall be for the Charterers' account and the Vessel shall
remain on hire.
(iii) Should the Vessel be arrested as a result of the Charterers'
breach of charter according to sub-clause (a) (ii) above the
Charterers shall take all reasonable steps to secure that,
within a reasonable time, the Vessel is released and at their
expense put up bail to secure release of the Vessel.
(b) (i) If, despite the exercise of due care and diligence
by the Owners, stowaways have gained access to the Vessel
by means other than secreting away in the goods and/or containers
shipped by the Charterers, all time lost and all expenses
whatsoever and howsoever incurred, including fines, shall
be for the Owners' account and the Vessel shall be off hire.
(ii) Should the Vessel be arrested as a result of stowaways
having gained access to the Vessel by means other than secreting
away in the goods and/or containers shipped by the Charterers.
the Owners shall take all reasonable steps to secure that.
within a reasonable time. the Vessel is released and at their
expense put up bail to secure release of the Vessel.
41. Smuggling
In the event of smuggling by the Master. Officers and/or Crew.
the Owners shall bear the cost of any fines. taxes. or imposts
levied and the Vessel shall be off hire for any time lost
as a result thereof .
42. Commissions
A commission of percent is payable by the Vessel and the Owners
to
on hire
earned and paid under this Charter. and also upon any continuation
or extension of this Charter .
43. Address Commission
An address commission of percent is payable to on hire earned
and paid under this Charter ,and also upon any continuation
or extension of this Charter.
44. Arbitration
Any dispute arising from or in connection with this contract
shall be submitted to China Maritime Arbitration Commission
for atbitration which shall be conducted in accordance with
the Commision's arbitration rules in effect at the time of
applying for arbitration.The arbitral award is final and binding
upon both parties.
If mutually agreed,clauses to ,both inclusive,as attached
hereto are fully incorporated in this Charter Party.
APPENDIX"A"
To Charter Party dated Owners
Between Charterers and
Further details of the Vessel:
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