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Londand the Documentary Committee of The Japan Shipping Exchange Inc., Tokyo


⇐ ПредыдущаяСтр 14 из 21Следующая ⇒





1. Shipbroker RECOMMENDED THE BALTIC AND INTERNATIONAL MARITIME CONFERENCE UNIFORM GENERAL CHARTER (AS REVISED 1922, 1976 and 1994) (To be used for trades for which no specially approved form is in force) CODE NAME: “GENCON” Part I
  2. Place and date
3. Owners / Place of business (Cl. 1) 4. Charterers / Place of business (Cl. 1)
5. Vessel’s name (Cl. 1) 6. GT/ NT (Cl. 1)
7. DWT all told on summer load line in metric tons (abt.) (Cl. 1) 8. Present position (Cl. 1)
9. Expected ready to load (abt.) (Cl. 1)  
10. Loading port or place (Cl. 1) 11. Discharging port or place (Cl. 1)  
12. Cargo (also state quantity and margin in Owners’ option, if agreed: if full and completed cargo not agreed state “ part cargo” (Cl. 1)
13.Freight rate (also state whether freight prepaid or payable on delivery) (Cl. 4)   14. Freight payment (state currency and method of payment: also beneficiary and bank account) (Cl. 4)
15. State if Vessel’s cargo gear shall not be used (Cl. 5) 16. Laytime (if separate laytime for load. and disch. is agreed, fill in a) and b). If total laytime for load. and disch., fill in c) only) (Cl. 6)  
17. Shippers/Place of business (Cl. 6)   a) Laytime for loading
18. Agents (loading) (Cl. 6)   b) Laytime for discharging
19. Agents (discharging) (Cl. 6)   c) Total laytime for loading and discharging
20. Demurrage rate and manner payable (loading and discharging) (Cl. 7) 21. Cancelling date (Cl. 9)
  22. General Average to be adjusted at (Cl. 12)
23. Freight Tax (state if for the Owners’ account (Cl. 13 (c)) 24. Brokerage commission and to whom payable (Cl. 15)
25. Law and Arbitration (state 19 (a), 19 (b) or 19 (c) of Cl. 19; if 19 (c) agreed also state Place of Arbitration) (if not filled in 19 (a) shall apply (Cl. 19)    
  (a) State maximum amount for small claim/shortened arbitration (Cl. 19) 26. Additional clauses covering special provisions, if agreed.
       

 

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.

 

Signature (Owners) Signature (Charterers)

 

1. It is agreed between the party mentioned in Box 3 as the Owners of the Vessel   6. Laytime  
  named in Box 5, of the GT/NT indicated in Box 6 and carrying about the number     * (a) Separate laytime for loading and discharging  
  of metric tons of deadweight capacity all told on summer loadline states in Box     The cargo shall be loaded within the number of running days/hours as  
  7, now in position as stated in Box 8 and expected ready to load under this     indicated in Box 16, weather permitting, Sundays and holidays excepted,  
  Charter Party about the date indicated in Box 9, and the party mentioned as the     unless used, in which event time actually used shall count.  
  Charterers in Box 4 that:     The cargo shall be discharged within the number of running days/hours as  
  The said Vessel shall, as soon as her prior commitments have been completed,     indicated in Box 16, weather permitting, Sundays and holidays excepted,  
  proceed to the loading port(s) or place(s) stated in Box 10 or so near thereto as     unless used, in which event time used shall count.  
  she may safely get and lie always afloat, and there load a full and complete     * (b) Total laytime for loading and discharging  
  cargo (if shipment of deck cargo agreed same to be at Charterers’ risk and     The cargo shall be loaded and discharge within the number of total running  
  responsibility) as stated in Box 12, which the Charterers being themselves to     days / hours as indicated in Box 16, weather permitting, Sundays and holidays  
  ship, and being so loaded the Vessel shall proceed to the discharging port(s) or     excepted, unless used, in which event time actually used shall count.  
  place(s) stated in Box 11 as ordered on signing Bill(s) of Lading, or so near     (c) Commencement of laytime (loading and discharging)  
  thereto as she may safely get and lie always afloat, and there deliver the cargo.     Laytime for loading and discharging shall commence at 13.00 hours, if notice of  
        readiness is given up to and including 12.00 hours, and at 6 hours next  
2. Owners’ Responsibility Clause     working day if notice given during office hours after 12.00 hours. Notice of  
  The Owners are to be responsible for loss of or damage to the goods or for     readiness at loading port to be given to the Shippers named in Box 17 or if not  
  delay in delivery of the goods only in case the loss, damage or delay has been     named, to the Charterers or their agents named in Box 18. Notice of readiness  
  caused by personal want of due diligence on part of the Owners or their     at the discharging port to be given to the Receivers or, if not known, to the  
  Manager to make the Vessel in all respects seaworthy and to secure that she is     Charterers or their agents named in Box 19.  
  properly manned, equipped and supplied or by the personal act or default of     If the loading/discharging berth is not available on the Vessel’s arrival at or off  
  the Owners or their Manager.     the port of loading/discharging, the Vessel shall be entitled to give notice of  
  And the Owners are not responsible for loss, damage or delay arising from any     readiness within ordinary office hours on arrival there, whether in free pratique  
  other cause whatsoever, even from the neglect or default of the Owners or crew     or not, whether customs cleared or not. Laytime or time on demurrage shall  
  or some other person employed by the Owners on board or ashore for whose     then count as if she were in berth and in all respects ready for loading/  
  acts they would, but for this clause, be responsible, or from unseaworthiness of     discharging provided that the Master warrants that she is in fact ready in all  
  the Vessel on loading or commencement of the voyage or at any time     respects. Time used in moving from the place of waiting to the loading/  
  whatsoever.     discharging berth shall not count as laytime.  
        If, after inspection, the Vessel is found not to be ready in all respects to load/  
3. Deviation Clause     discharge time lost after the discovery thereof until the Vessel is again ready to  
  The Vessel has liberty to call at any port or ports in any order, for any purpose,     load/discharge shall not count as laytime.  
  to sail without pilots, to tow and/or assist Vessels in all situations, and also to     Time used before commencement of laytime shall count.  
  deviate for the purpose of saving life and / or property.     * Indicate alternative (a) or (b) as agreed, in Box 16.  
           
4. Payment of Freight   7. Demurrage  
  (a) The freight at the rate stated in Box 13 shall be paid in cash calculated on the     Demurrage at the loading and discharging port is payable by the Charterers at  
  intaken quantity of cargo.     the rate stated in Box 20 in the manner stated in Box 20 per day or pro rata for  
  (b) Prepaid. If according to Box 13 freight is to be paid on shipment, it shall be     any part of a day. Demurrage shall fall due day by day and shall be payable  
  deemed earned and non-returnable, Vessel and/or cargo lost or not lost.     upon receipt of the Owners’ invoice.  
  Neither the Owners nor their agents shall be required to sign or endorse Bill(s) of     In the event the demurrage is not paid in accordance with the above, the  
  Lading showing freight prepaid unless the freight due to the Owners has     Owners shall give the Charterers 96 running hours written notice to rectify the  
  actually been paid.     failure. If the demurrage is not paid at the expiration of this time limit and if the  
  (c) On delivery. If according to Box 13 freight, or part thereof, is payable at     Vessel is in or at the loading port, the Owners are entitled at any time to  
  destination it shall not be deemed earned until the cargo is thus delivered.     terminate the Charter Party and claim damages for any losses caused thereby.  
  Notwithstanding the provisions under (a), if freight or part thereof is payable on        
  delivery of the cargo the Charterers shall have the option of paying the freight   8. Lien Clause  
  on delivered weight/quantity provided such option is declared before breaking     The Owners shall have a lien on the cargo for freight and all sub-freight payable in  
  bulk and the weight/quantity can be ascertained by official weighing machine,     respect of the cargo, for freight, deadfreight, demurrage, claims for damages  
  joint draft survey or tally.     and for all other amounts due under this Charter Party including costs of  
  Cash for Vessel’s ordinary disbursements at the port of loading to be advanced     recovering same.  
  by the Charterers, if required, at highest current rate of exchange, subject to        
  two (2) per cent to cover insurance and other expenses.   9. Cancelling Clause  
        (a) Should the Vessel not be ready to load (whether in berth or not) on the  
5. Loading/Discharging Costs     cancelling date indicated in Box 21, the Charterers have the option of  
  (a) Costs/Risks     cancelling this Charter Party.  
  The cargo shall be brought into the holds, loaded, stowed and/or trimmed,     (b) Should the Owners anticipate that, despite the exercise of due diligence,  
  tallied, lashed and/or secured and taken from the holds and discharged by the     the Vessel will not be ready to load by the cancelling date, they shall notify the  
  Charterers, free of any risk, liability and expense whatsoever to the Owners.     Charterers thereof without delay stating the expected date of the Vessel’s  
  The Charterers shall provide and lay all dunnage material as required for the     readiness to load and asking whether the Charterers will excercise their option  
  proper stowage and protection of the cargo on board, the Owners allowing the     of cancelling the Charter Party, or agree to a new cancelling date.  
  use of all dunnage available on board. The Charterers shall be responsible for     Such option must be declared by the Charterers within 48 running hours after  
  and pay the cost of removing their dunnage after discharge of the cargo under     the receipt of the Owners’ notice. If the Charterers do not exercise their option  
  this Charter Party and time to count until dunnage has been removed.     of cancelling, then this Charter Party is deemed to be amended such that  
  (b) Cargo Handling Gear     the seventh day after the new readiness date stated in the Owners’ notification  
  Unless the Vessel is gearless or unless it has been agreed between the parties     to the Charterers shall be the new cancelling date.  
  that the Vessel’s gear shall not be used and stated as such in Box 15, the     The provisions of sub-clause (b) of this Clause shall operate only once, and in  
  Owners shall throughout the duration of loading/discharging give free use of     case of the Vessel’s further delay, the Charterers shall have the option of  
  the Vessel’s cargo handling gear and of sufficient motive power to operate all     cancelling the Charter Party as per sub-clause (a) of this Clause.  
  such cargo handling gear. All such equipment to be in good working order.        
  Unless caused by negligence of the stevedores, time lost by breakdown of the   10. Bill(s) of Lading  
  Vessel’s cargo handling gear or motive power – pro rata the total number of     Bill(s) of Lading shall be presented and signed by the Master as per the  
  cranes/winches required at that time for the loading/discharging of cargo     “Congenbill” Bill(s) of Lading form, Edition 1994, without prejudice to this Charter  
  under this Charter Party – shall not count as laytime or time on demurrage.     Party, or by the Owners’ agents provided written authority has been given by  
  On request the Owners shall provide free of charge cranemen/winchmen from     the Owners to the agents, a copy of which is to be furnished to the Charterers. The  
  the crew to operate the Vessel’s cargo handling gear, unless local regulations     Charterers shall indemnify the Owners against all consequences or liabilities  
  prohibit this, in which latter event shore labourers shall be for the account of the     that may arise from the signing of Bill(s) of Lading as presented to the extent that  
  Charterers. Cranemen/winchmen shall be under the Charterers’ risk and     the terms or contents of such Bill(s) of Lading impose or result in the imposition of  
  responsibility and as stevedores to be deemed as their servants but shall     more onerous liabilities upon the Owners than those assumed by the Owners  
  always work under the supervision of the Master.     under this Charter Party.  
  (c) Stevedore Damage        
  The Charterers shall be responsible for damage (beyond ordinary wear and   11. Both-to-Blame Collision Clause  
  tear) to any part of the Vessel caused by Stevedores. Such damage shall be     If the Vessel comes into collision with another vessel as a result of the  
  notified as soon as reasonably possible by the Master to the Charterers or their     negligence of the other vessel and any act, neglect or default of the Master,  
  agents and tot heir Stevedores, failing which the Charterers shall not be held     Mariner, Pilot or the servants of the Owners in the navigation or in the  
  responsible. The Master shall endeavour to obtain the Stevedores’ written     management of the Vessel, the owners of the cargo carried hereunder will  
  acknowledgement of liability.     indemnify the Owners against all loss or liability to the other or non-carrying  
  The Charterers are obliged to repair any stevedore damage prior to completion     vessel or her owners in so far as such loss or liability represents loss of, or  
  of the voyage, but must repair stevedore damage affecting the Vessel’s     damage to, or any claim whatsoever of the owners of said cargo, paid or  
  seaworthiness or class before the Vessel sails from the port where such     payable by the other on non-carrying vessel or her owners to the owners of said  
  damage was caused or found. All additional expenses incurred shall be for the     cargo and set-off, recouped or recovered by the other or non-carrying vessel  
  account of the Charterers and any time lost shall be for the account of and shall     or her owners as part of their claim against the carrying Vessel or the Owners.  
  be paid to the Owners by the Charterers at the demurrage rate.     The foregoing provisions shall also apply where the owners, operators or those  
        in charge of any vessel or vessels or objects other than, or in addition to, the  
        colliding vessels or objects are at fault in respect of a collision or contact.  

 

12. General Average and New Jason Clause     expose, or may be likely to expose, the Vessel, her cargo, crew or other  
  General Average shall be adjusted in London unless otherwise agreed in Box     persons on board the Vessel to War Risks; provided always that if this  
  22 according to York-Antwerp Rules 1994 and any subsequent modification     Contract of Carriage provides that loading or discharging is to take place  
  thereof. Proprietors of cargo to pay the cargo’s share in the general expenses     within a range or ports, and at the port or ports nominated by the Charterers  
  even if same have been necessitated through neglect or default of the Owners’     the Vessel, her cargo, crew, or other persons onboard the Vessel may be  
  servants (see Clause 2).     exposed, or may be likely to be exposed, to War Risks, the Owners shall  
  If General Average is to be adjusted in accordance with the law and practice of     first require the Charterers to nominate any other safe port which lies  
  the United States of America, the following Clause shall apply: “In the event of     within the range for loading or discharging, and may only cancel this  
  accident, danger, damage or disaster before or after the commencement of the     Contract of Carriage if the Charterers shall not have nominated such safe  
  voyage, resulting from any cause whatsoever, whether due to negligence or     port or ports within 48 hours of receipt of notice of such requirement.  
  not, for which, or for the consequence of which, the Owners are not   (3) The Owners shall not be required to continue to load cargo for any voyage,  
  responsible, by statute, contract or otherwise, the cargo shippers, consignees     or to sign Bill(s) of Lading for any port or place, or to proceed or continue on  
  or the owners of the cargo shall contribute with the Owners in General Average     any voyage, or on any part thereof, or to proceed through any canal or  
  to the payment of any sacrifices, losses or expenses of a General Average     waterway, or to proceed to or remain at any port or place whatsoever,  
  nature that may be made or incurred and shall pay salvage and special charges     where it appears, either after the loading of the cargo commences, or at  
  incurred in respect of the cargo. If a salving Vessel is owned or operated by the     any stage of the voyage thereafter before the discharge of the cargo is  
  Owners, salvage shall be paid for as fully as if the said salving Vessel or Vessels     completed, that, in the reasonable judgement of the Master and/or the  
  belonged to strangers. Such deposit as the Owners, or their agents, may deem     Owners, the Vessel, her cargo (or any part thereof), crew or other persons  
  sufficient to cover the estimated contribution of the goods and any salvage and     on board the Vessel (or any one or more of them) may be, or are likely to be,  
  special charges thereon shall, if required, be made by the cargo, shippers,     exposed to War Risks. If it should so appear, the Owners may by notice  
  consignees of owners of the goods to the Owners before delivery.”     request the Charterers to nominate a safe port for the discharge of the  
        cargo or any part thereof, and if within 48 hours of the receipt of such  
13. Taxes and Dues Clause     notice, the Charterers shall not have nominated such a port, the Owners  
  (a) On Vessel – The Owners shall pay all dues, charges and taxes customarily     may discharge the cargo at any safe port of their choice (including the port  
  levied on the Vessel, howsoever the amount thereof may be assessed.     of loading) in complete fulfilment of the Contract of Carriage. The Owners  
  (b) On cargo – The Charterers shall pay all dues, charges, duties and taxes     shall be entitled to recover from the Charterers the extra expenses of such  
  customarily levied on the cargo, howsoever the amount thereof may be     discharge and, if the discharge takes place at any port other than the  
  assessed.     loading port, to receive the full freight as though the cargo had been  
  (c) On freight – Unless otherwise agreed in Box 23, taxes levied on the freight     carried to the discharging port and if the extra distance exceeds 100 miles,  
  shall be for the Charterers’ account.     to additional freight which shall be the same percentage of the freight  
        contracted for as the percentage which the extra distance represents to  
14. Agency     the distance of the normal and customary route, the Owners having a lien  
  In every case the Owners shall appoint his own Agent both at the port of     on the cargo for such expenses and freight.  
  loading and the port of discharging.   (4) If at any stage of the voyage after the loading of the cargo commences, it  
        appears that, in the reasonable judgement of the Master and/or the  
15. Brokerage     Owners, the Vessel, her cargo, crew or other persons on board the Vessel  
  A brokerage commission at the rate stated in Box 24 on the freight, deadfreight     may be, or are likely to be, exposed to War Risks on any part of the route  
  and demurrage earned is due to the party mentioned in Box 24.     (including any canal or waterway) which is normally and customarily used  
  In case of non-execution at least 1/3 of the brokerage on the estimated amount of     in a voyage of the nature contracted for, and there is another longer route  
  freight to be paid by the party responsible for such non-execution to the     to the discharging port, the Owners shall give notice to the Charterers that  
  Brokers as indemnity for the latter’s expenses and work. In case of more     this route will be taken. In this event the Owners shall be entitled, f the total  
  voyages the amount of indemnity to be agreed.     extra distance exceeds 100 miles, to additional freight which shall be the  
        same percentage of the freight contracted for as the percentage which the  
16. General Strike Clause     extra distance represents to the distance of the normal and customary  
  (a) If there is a strike or lock-out affecting or preventing the actual loading of the     route.  
  cargo, or any part of it, when Vessel is ready to proceed from her last port or   (5) The Vessel shall have liberty: -  
  at any time during the voyage to the port or ports of loading or after her arrival     (a) to comply with all orders, directions, recommendations or advise as to  
  there, the Master or the Owners may ask Charterers to declare, that they     departure, arrival, routes, sailing in convoy, ports of call, stoppages  
  agree to reckon the laydays as if there were no strike or lock-out. Unless the     destinations, discharge of cargo, delivery or in any way whatsoever which  
  Charterers have given such declaration in writing (by telegram, if necessary)     are given by Government of the Nation under whose flag the Vessel  
  within 24 hours, the Owners shall have the option of cancelling this Charter     sails, or other Government to whose laws the Owners area subject, or any  
  Party. If part cargo has already been loaded, the Owners must proceed with     other Government which so required, or any body or group acting with the  
  same, (freight payable on loaded quantity only) having liberty to complete with     power to compel compliance with their orders or directions;  
  other cargo on the way for their own account.     (b) to comply with the orders, directions or recommendations of any war  
  (b) If there is a strike or lock-out affecting or preventing the actual discharging     risks underwriters who have the authority to give the same under the terms  
  of the cargo on or after Vessel’s arrival at or off port of discharge and same     of the war risks insurance;  
  has not been settled within 48 hours, the Charterers shall have the option of     (c) to comply with terns of any resolution of the Security Council of the  
  keeping the Vessel waiting until such strike or lock-out is at and end against     United Nations, any directives of the European Community, the effective  
  paying half demurrage after expiration of the time provided for discharging     orders of any other Supranational body which has the right to issue and  
  until the strike or lock-out terminates and thereafter full demurrage shall be     give the same, and with national laws aimed at enforcing the same to which the  
  payable until the completion of discharging, or of ordering the Vessel to a safe     Owners are subject, and to obey the orders and directions of those who  
  port where she can safely discharge without risk of being detained by strike or     are charged with their enforcement;  
  lock-out. Such orders to be given within 48 hours after the Master or the     (d) to discharge at any other port any cargo or part thereof which may  
  Owners have given notice to Charterers of the strike or lock-out affecting     render the Vessel liable to confiscation as a contraband carrier;  
  the discharge. On delivery of the cargo at such port, all conditions of this     (e) to call at any other port to change the crew or any part thereof or other  
  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  
  the same freight as if she had discharged at the original port of destination,     be subject to internment, imprisonment of other sanction;  
  except that if the distance of the substituted port exceeds 100 nautical miles,     (f) where cargo has not been loaded or has been discharged by the  
  the freight on the cargo delivered at the substituted port to be increased in     Owners under any provisions of this Clause, to load other cargo for the  
  proportion.     Owners’ own benefit and carry it to any other port or ports whatsoever,  
  (c) Except for the obligations described above, neither the Charterers nor the     whether backwards or forwards or in a contrary direction to the ordinary or  
  Owners shall be responsible for the consequences of any strikes or lock-outs     customary route.  
  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  
        Clause anything is done or not done, such shall not be deemed to be a  
17. War Risks (“Voywar 1993”)     deviation, but shall be considered as due fulfilment of the Contract of  
(1) For the purpose of this Clause, the words:     Carriage.  
  (a) The “Owners” shall include the shipowners, bareboat Charterers,        
  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  
  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  
  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.        

 

 

Rider clauses to Carter party dated 12/08 2002 of MV Dmitriy Donskoy

 

Clause.26 Hire payment at rate USD 6 000.00 per day pro-rata less to be made to: JSC MURMANSK SHIPPING COMPANY.

First hire and next hire to be paid every 15 days. When payment is due Charterers are to send Owners a telex statement showing breakdown of hire and value date of remittance.

If Charterers make deductions from last hire remittance is respect of any anticipated Owners expenses incurred by Charterers agents, Charterers should advise owners by telex of a deyailid backup statement showing how the amount is arrived at.

 

Clause.27 Charterers have the right to withhold from charter hire during the period of this charter such amount due to them for non disputed off-hire including non disputed speed/performance claims and owners disbursements, but proper supporting vouchers to be sent to Owners promptly.

The timely and full payment of hire shell be a condition of of this Charter Party and owners shell be entitled to consider any default in payment as a repudiatorry breach of this Carter Party. Where there is a failure for any reason to make punctual and proper payment of hire the Charterers shell be given two banking days notice to rectify the failure and, if so rectified within those two days following Owners notice, the payment shell stand as punctual and proper. If, however, the Charterers fail to rectify their failure within two banking days the Owners shell have the continuing right to withdraw the vessel from the Charterers service at any time prior to the receipt of full payment of such hire, which right shell not be waived or lost by delay in its exercise and which right shell be without prejudice to ane rights the Owners may otherwise have under the charter.

 

Clause.28 Additionally to, hire, Charterers to pay USD 1 000 per month prorata to Master. Master/Crew.

 

Clause.29 Charterers to inform administration of the ports of call that all disbursements accounts are to be presented/sent to Cherters name. All Masters requirements as to service or agency for vessel are to be given on behalf of Charters. Cash and other Owners expenses advances to be deducted from the hire.

Charterers undertake to obtain from all persons furnishing supplies, necessaries or services to the vessel during the currency of this charter a statement/certificate confirming:

(a) that the supplies, necessaries or services have been pre-paid of that the person furnishing the supplies, necessaries or services is relaying solely on the credit of the Charterers

(b) that any lien against the vessel is waived.

The vessel shell not be obliged to accept any supplies, necessaries or services ordered by the Charterers unless there is first delivered to the master or Chief Officer a suitably worded and executed written waiver of lien along the following lines, the vessel always remaining on hire and the Charterers undertaking to indemnify Owners against all and consequences of any delays, including but not limited to any liability anchored towards third parties.

Waiver wording:

The under signed hereby request that the (vessel name) accept (described supplies, necessaries, services) and in consideration of the vessel accepting such supplies, necessaries or services the undersigned hereby resents and warrants:

(1) that the aforesaid supplies, necessaries or services heave been furnished on the exclusive credit of the Charterers of the vessel and not on the credit of the vessel or her Owners;

(2) that the aforesaid supplies, necessaries or services have been fully paid for or suitable credit arrangements have been made with the Charterers of the vessel;

(3) that the undersigned claims no maritime lien or other tight on or other tight on or against the vessel or the Owners and any such claim, lien or right against the vessel in respect of such supplies, necessaries or services is irrevocably waived

(4) that the undersigned is and entitled to make, enter into and execute this statement on behalf of (name of supplier)

Charters to provide Owners with full details (name tel.fax) of their bunker suppliers and Charterers shell instruct their bunker suppliers to keep Owners advised of any out standing monies due for bunkers delivered to vessel. Charterers hereby authorized Owners to contact bunker suppliers directly at any time in order to receive information regarding Charters debts, if any.

 

Clause.30 Charterers tohave the option of loading deck cargo at there risk and expense but always at masters description in respect of vessels safety/

Shipments of dangerous goods, labeled and stowed according to IMO/MOPOG regulations, is to be agreed upon with the masters and approved by Owners.

Owners will inform Charters about all eventual changes which reflect to transport of dangerous immediately upon receiving of such facts.

 

Clause.31 Charterers to ensure that bunkers supplied during the currency of this charter shall be compatible with those bunkers already on board the vessel. Charterers to supply intermediate Marin Gas Oil within ISO 8217: 1996(E) designation DMA, except Sulfur which should be max – 0, 5% and Cetane number which should be min-45. IFO 180 CST RME 25. Specification of bunkers to be given to Master/Chief Engineer for their acceptance prior to delivery.

 

Clause.32 Upon fixing of vessel, the Owners or Master to give Charterers notice of delivery by telex.

 

Clause.33 Trading limits: As per vessels class. A) Arabian gulf, B) Libya, C) Congo, E) Sierra Leone, F) Yemen, G) All war or war-like risk zones, H) Nigeria

 

Clause.34 Period of validity of the present Charter 2+2+8 months in Charterers option Charterers should officially declare their intention to continue the charter, 15 days prior to the expiration of each period. Failure to do so, will result in Owners right to withdraw the vessel at the end of the respective period.

 

Clause.35 New Jason Clause, Both-to-Collision Clause, BIMCO Standard war Risks Clause for Time Charters 1993, General Paramount Clause, General Average Clause, BIMCO Stowaways Clause for the Time Charters to apply and form a part of this Charters Party and all Bills of Lading issued thereunder.

 

Clause.36 Any banks charges on the Owners territory to be for the Owners account, the seam on the Charterers territory to be for the Charterers account.

 

Clause.37 Description of vessel:

Appendix 3

Clause.38 Master to follow charterers instructions regarding regular reports and radio information. All expenses for vessels communications with Charterers and/or their agents and servants via vessels Inmarsat-C telex system and/or other radio stations will be reimbursed


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