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Bpvoy5 Form
Bpvoy5 Form
Bpvoy5 Form
February 2016
© BP Shipping Limited
Registered in England and Wales: No. 140132
Registered Office: Chertsey Rd, Sunbury upon Thames, Middlesex TW16 7BP, UK
BPVOY5 – Voyage Charter Party
Clause Index
# Clause page no. # Clause page no.
1. Condition of Vessel 9 35. Established Threat of Piracy 31
2. Compliance 9 36. War Risks Additional Expenditure 32
3. Ethical Policy and Anti-Corruption 10 37. Quarantine 32
4. Chartering Questionnaires 11 38. Address Commission 32
5. Loading / Compliance With 11 39. Claims Time Bar 32
Voyage Orders
40. Certificates of Financial Responsibility 32
6. Estimated Time of Arrival 12 (COFRs)
7. Cancellation 12 41. ITOPF, P&I and Oil Pollution 33
8. Agency 13 42. TOPIA and STOPIA 33
9. Loading and Discharge Port / Shifting 13 43. US Customs Regulations – Coding 34
10. Notice of Readiness (NOR) 14 44. ISPS, MTSA and CBP 34
11. Laytime / Demurrage 15 45. Drugs and Alcohol Policy 35
12. Laytime / Demurrage Not To Count 16 46. Exclusions 35
13. Ship to Ship Transfers 16 47. Both-to-Blame 35
14. Loading and Discharge of Cargo 17 48. General Average 36
15. Inert Gas System (IGS) 18 49. New Jason 36
16. Closed Cargo Sampling 19 50. Clause Paramount 36
17. Oily Residues and Ballast Water 19 51. Lien 37
18. Crude Oil Washing (COW) 19 52. Sub-Letting / Assignment 37
19. Hydrogen Sulphide and Mercaptans 20 53. Remeasurement 37
20. Cargo Temperature 20 54. Administration 37
21. Cargo Retention 20 55. Communications 37
22. Even Keel 21 56. Baltic Routeing 37
23. Under Keel Clearance 21 57. Magellan Straits 37
24. Revised Voyage Orders 22 58. Turkish Straits 37
25. Interim Ports 22 59. Carriage of Cargo Additive 38
26. Backloading 23 60. Confidentiality 38
27. Virtual Arrival 23 61. Law and Jurisdiction 38
28. Freight and Dues 23
29. Vessel / Cargo Inspections / 24
Bunker Surveys
30. Bills of Lading 25
31. Additional Cargo Operations 26
and Indemnities
32. Liberty 27
33. Ice 27
34. War Risks 29
and:
of: (“Charterers”)
That the service as described below shall be performed subject to the terms and conditions of this Charter,
which consists of Part 1 and Part 2 and the completed questionnaire on the latest version of Intertanko
Standard Tanker Voyage Chartering Questionnaire 1988 (“the Q88”) attached to this Charter.
Commercial Operator
(if different from Owners):
Registered Owner
(if different from Owners):
Part 1
A. Name of Vessel:
B. Description of Vessel:
Owners undertake that throughout service under with Charter the Vessel shall conform to the following
description :
(1) Summer Deadweight (SDWT) on assigned summer freeboard: tonnes
(2) Salt Water draught (on SDWT): metres
(3) Length overall: metres
(4) Beam: metres
(5) Flag:
(6) Year built:
(7) Cargo tank capacity at 98% excluding slop tanks: cubic metres
(8) Capacity of slop tanks at 98%: cubic metres
Available for cargo / Not available for cargo (delete as applicable)
(9) IMO Number:
(10) Crude Oil Washing (COW): Yes / No (delete as applicable)
(11) Inert Gas System (IGS) (SOLAS compliant): Yes / No (delete as applicable)
(12) Closed Cargo Operations: Yes / No (delete as applicable)
(13) Tonnes Per Centimetre Immersion (TPC): tonnes/cm
(14) Bow to Centre of Manifold (BCM): metres
(15) Cranes (number and capacity):
(16) Tongue Type Bow Chain Stoppers:
(a) Number:
(b) Safe Working Load: tonnes
(c) Nominal Diameter of Chain: millimetres
(17) Keel to Top of Mast (KTM): metres
(18) Tank Coatings (type):
(19) Heating System (type/material):
(a) Maximum temperature at which cargo can be loaded:
(b) Maximum temperature at which cargo can be maintained (Clause 20):
(20) Classification Society:
(21) Gross Tonnage (GT)
(22) Suez Canal Net Tonnage (SCNT):
(23) Panama Canal Net Tonnage (PCNT):
(24) USCG Certificate of Compliance (COC) expiry date:
(25) International Ship Security Certificate expiry date:
(26) Percentage of Maximum Continuous Rating (MCR): 85 %
(27) Charter Speed (“Charter Speed”): knots
(28) Maximum Speed (“Maximum Speed”): knots
(29) Last Cargoes:
(a) Last cargo:
(b) Second Last:
(c) Third Last:
C. Cargo Quantity:
D. Cargo Description:
G. Laycan:
L. Charterers’ Casualty and Emergency Response Contacts and Procedures as per Voyage
Orders.
(a) Email
(b) Fax
(c) Telephone:
N. Additional Clauses:
Signatures
The parties have executed this Charter, consisting of the Preamble, Parts 1 and Part 2, on the date first
written above.
By:
(signature) (print)
By:
(signature) (print)
Part 2
1 1 Condition of Vessel
2 1.1 Owners shall, before, at the commencement of, and throughout the subject voyage
3 exercise due diligence to make and maintain:
4 a) the Vessel, her tanks, pumps, valves, sampling lines and pipelines tight, staunch,
5 strong, in good order and condition, in every way fit for the voyage and fit to carry
6 the cargo nominated by Charterers, and
7 b) the Vessel’s machinery, systems, boilers and hull in a fully efficient state, and with
8 a full complement of Master, officers and crew who are fully qualified (as
9 evidenced by internationally recognised certification and, where applicable,
10 endorsements), and are experienced and competent to serve in the capacity for
11 which they are employed.
12 1.2 Without prejudice to Clause 1.1, Owners shall present the Vessel for loading with her
13 tanks, pumps, valves, and pipelines properly prepared and in accordance with any
14 loading port or terminal requirements and ready to load any cargo falling within
15 Sections C and D of Part 1.
16 1.3 Without prejudice to any other rights or remedies whatsoever that may be available to
17 Charterers, any time used in preparing tanks, pumps, valves and pipelines under
18 Clause 1.2 shall not count as laytime or demurrage, and all costs and losses incurred
19 by reason of any such part of the Vessel being improperly prepared shall be for
20 Owners’ account.
21 2 Compliance
22 2.1 Nothing in this Charter is intended, and nothing shall be interpreted or construed, to
23 induce or require either party to act in any manner (including any failure to take any
24 action in relation to a transaction) which is inconsistent with, penalised by or
25 prohibited under any UK, EU or US laws, regulations, or other official UK, EU or US
26 government requirements applicable to such party, or any UN provision, relating to
27 foreign trade controls, export controls, embargoes or international boycotts of any
28 type.
29 2.2 Owners and the Vessel will comply with all applicable requirements stipulated in
30 respect of zones and/or areas regulated by regional and/or national and/or
31 international authorities.
32 2.3 Owners and the Vessel will comply with all applicable national and international rules,
33 statutes, orders, Conventions, resolutions, regulations, guidelines, codes and other
34 proscriptive provisions, including, but not limited to, the US Code of Federal
35 Regulations, including the US Federal Oil Pollution Act 1990 (“OPA 90”), Maritime
36 Transportation Security Act 2002 (“MTSA”) and Bureau of Customs, and Border
37 Protection Regulations for entering US ports and any US State port security and
38 customs regulations (“CBP”), and any such issued by the IMO, OCIMF, SIGTTO, the
39 UK Chamber of Shipping (or equivalent), the US Coast Guard (“USCG”) or the State
40 of the flag of the Vessel or that from which it is managed.
41 2.4 Owners will ensure that both the Vessel and “the Company” under the ISPS Code
42 (“ISPS”) and the “Owner” under MTSA will comply with all ISPS and MTSA
43 requirements, and will on request send Charterers a copy of the relevant International
44 Ship Security Certificate, or any Interim International Ship Security Certificate, and the
45 full style contact details of the Company Security Officer under ISPS.
46 2.5 All operations shall be carried out in accordance and compliance with all applicable
47 requirements under (for example, but without limitation) ISGOTT, MARPOL, MLC,
48 SOLAS, OCIMF, STCW, ICS and ISM.
49 2.6 The terms of employment of the Vessel’s Master, officers and crew shall at all times
50 remain acceptable to the International Transport Worker’s Federation (“ITWF”) and
51 the Vessel will at all times carry an ITWF Blue Card or equivalent certification
52 acceptable to the ITWF.
53 2.7 The Vessel shall have on board all such valid documentation as may from time to
54 time be required to enable it to enter, carry out all required operations at, and leave,
55 without let or hindrance, all ports to which she may be directed under this Charter.
56 Upon request, Owners will provide to Charterers a copy of any certificate or other
57 document and any full style contact details.
58 2.8 Without prejudice to any other rights or remedies whatsoever which may be available
59 to Charterers, if Owners or Vessel breach any of the provisions in this Clause 2 any
60 resulting loss, damage or expense shall be for Owners’ account, any resulting delay
61 shall not count as laytime or demurrage, and Owners shall assume liability for and
62 shall indemnify, defend and hold harmless Charterers against any fines, penalties or
63 other regulatory measures, and related legal costs.
95 4 Chartering Questionnaires
96 It is a condition of this Charter that the responses in the attached Q88 are correct as at the
97 date of this Charter. If any response in the Q88, or any questionnaire provided to Charterers,
98 proves to be incorrect, and as a consequence Charterers are likely to, or do, suffer prejudice
99 or are likely to, or do, incur loss, damage, cost or expense, Charterers shall be entitled either
100 a) to cancel this Charter forthwith, without prejudice to any other rights available to them; or
101 b) to claim any such loss, damage, cost and expense.
158 7 Cancellation
159 7.1 Time shall be of the essence in relation to the arrival of the Vessel at the first loading
160 port. Owners shall advise Charterers promptly if at any time they or the Master have
161 reason to believe that the Vessel may not arrive at the first loading port by the
162 applicable Cancelling Date, being the Cancelling date stated in Section G of Part 1
163 or, as the case may be, any new cancelling date determined in accordance with
164 Clauses 7.5, 24.2, 33.4 g) and 58.2.
165 7.2 If at any time it appears to Charterers that the Vessel’s arrival at the first loading port
166 will be delayed beyond the applicable Cancelling Date, Charterers may require
167 Owners to notify Charterers in writing of the date and time that they expect the Vessel
168 to be ready to load. Owners shall provide such information in writing within 12 hours
169 of Charterers’ request.
170 7.3 If Owners do not respond in writing within the deadline under Clause 7.2, Charterers
171 shall have the option of cancelling this Charter, exercisable within 48 hours
172 (Saturdays, Sundays and holidays excluded) after the expiry of that deadline.
173 7.4 If the date and time notified by Owners in accordance with Clauses 7.1 or 7.2 falls
174 after the applicable Cancelling Date, or if the Vessel is not in fact ready to load by the
175 applicable Cancelling Date, then the Charterers shall have the option of cancelling
176 this Charter, exercisable within 48 hours (Saturday, Sunday and holidays excluded)
177 after such notification or within 48 hours (Saturday, Sunday and holidays excluded)
178 after the applicable Cancelling Date, whichever is earlier.
179 7.5 If Charterers do not exercise their option to cancel this Charter then the new
180 cancelling date for the purpose of this Clause 7 (but always without prejudice to
181 Clause 7.7) shall be 12 hours after the date and time notified by Owners, or such
182 other date and time as may be mutually agreed.
183 7.6 The exercise or non-exercise by Charterers of any option to cancel this Charter under
184 this Clause 7 shall be entirely without prejudice to any claim for damages which
185 Charterers may have arising by reason of the Vessel not being ready to load by the
186 applicable Cancelling Date.
187 7.7 If the Vessel arrives after the Cancelling Date stated in Section G of Part 1, or any
188 extended Cancelling Date under Clauses 24.2, 33.4 g) or 58.2, laytime shall
189 commence either when the Vessel commences loading or 24 hours after a valid NOR
190 has become effective under Clause 10.4, whichever first occurs. However, where
191 such arrival results solely from Charterers’ instructions under Clause 24, laytime shall
192 commence in accordance with Clause 10.4.
193 8 Agency
194 Charterers shall nominate Agents, who shall be employed and paid for by Owners, at loading
195 and discharge ports. The fees of such Agents should be competitive compared to those of
196 other agents in the port.
233 9.7 All time for shifting under this Clause 9 shall be accounted for in accordance with
234 Clause 11.
326 k) closure of, or any restriction of operation at, any port or terminal by order of any
327 local authority;
328 shall count as one half laytime or demurrage, provided always that both the cause of
329 the delay and the extent of the delay resulting could not reasonably have been
330 prevented by Charterers or Owners, as the case may be.
372 13.5 Charterers shall provide and pay for all necessary equipment, including fenders and
373 cargo hoses, and may at their expense engage supervisors to attend on board the
374 Vessel, including a mooring Master, to assist in the STS Operation.
375 13.6 Subject to all the exceptions and exclusions as to laytime or demurrage, the time
376 used at a STS Location shall count as laytime or demurrage (but without prejudice to
377 Clauses 13.7 and 13.8), and shall commence in accordance with
378 Clauses 11.3 a) and b) and end when both unmooring has been completed and any
379 fenders have been removed from the Vessel.
380 13.7 Notwithstanding Clause 11.4, any delay in the STS Operation arising from adverse
381 weather and/or sea state conditions shall count in full as laytime or demurrage.
382 13.8 Where the STS location is not included in the voyage on which freight is based,
383 laytime or demurrage shall commence on tendering a valid NOR.
419 14.5 Any additional time used because the Vessel is unable to discharge the full cargo
420 within 24 hours (or pro rata in the case of a part cargo) or to maintain an average
421 discharge pressure of 100 PSI at the Vessel’s manifold throughout the bulk discharge
422 (or fails to meet any lesser performance set by a Terminal restriction or arising from
423 physical attributes of the Terminal) shall be for Owners’ account and shall not count
424 as laytime or demurrage. Any such additional time is to be calculated using the
425 ASDEM Pumping Performance Formula for full or part cargo.
426 14.6 If the full cargo cannot be supplied to the Vessel at the rate requested by the Master
427 or within the time allowed in Clause 14.4 a), or if the Terminal is unable to receive the
428 full cargo within 24 hours or at an average discharge pressure of 100 PSI measured
429 at the Vessel’s manifold, the Master shall present a LOP to the Terminal, detailing any
430 Terminal restrictions and/or physical attributes as soon as they are imposed and/or
431 become apparent, and shall use all reasonable endeavours to have the LOP signed
432 by a Terminal representative. If the Master is unable to obtain a signature from a
433 Terminal representative, he shall endorse the Vessel’s copy of the said LOP with a
434 dated and timed statement recording the failure of the Terminal to sign the original
435 LOP. The Master shall ensure that any restrictions imposed by the Terminal or arising
436 from physical attributes of the Terminal are clearly recorded in the Vessel’s Pumping
437 Log.
438 14.7 Owners shall be allowed a maximum of two hours per segregated grade/parcel for
439 final draining and stripping, unless carried out concurrently with discharge of another
440 grade/parcel, and provided always that the Vessel maintains an average minimum
441 discharge pressure of 100 PSI during bulk discharge, or meets any lesser
442 performance set by a Terminal restriction or arising from physical attributes of the
443 Terminal. Any further time taken for final draining and stripping shall not count as
444 laytime or demurrage, even if bulk discharge is completed within 24 hours.
445 14.8 No claim by Owners in respect of additional time used in the cargo operations carried
446 out under this Clause 14 shall be considered by Charterers unless it is accompanied
447 by the following supporting documentation:
448 a) the Vessel’s Pumping Log signed by a senior officer of the Vessel and a Terminal
449 representative (if such a signature can be obtained) showing at hourly intervals
450 the pressure maintained at the Vessel’s manifold throughout the cargo operations;
451 and
452 b) copies of all LOPs issued, or received, by the Master in connection with the cargo
453 operations; and
454 c) copies of all other documentation, maintained by those on board the Vessel, or (to
455 the extent such can be obtained) by the Terminal, in connection with the cargo
456 operations.
462 15.2 If Charterers so require, Owners shall arrange for the Vessel’s tank(s) to be de-
463 pressurised to facilitate gauging and sampling, or to be gas-freed to facilitate
464 inspection. If such takes place after laytime or demurrage has commenced, any time
465 taken to de-pressurise, gauge, sample and re-pressurise, or to gas-free, inspect and
466 re-inert shall count as laytime or demurrage, provided that the tank(s) inspected are
467 approved by an independent surveyor appointed by Charterers. If tank(s) are
468 inspected and rejected, time used for gas-freeing shall not count towards laytime or
469 demurrage, and laytime or demurrage shall not commence or recommence, as the
470 case may be, until such tank(s) have been re-inspected, approved by Charterers’
471 inspector, and re-inerted. Charterers shall reimburse Owners for bunkers consumed
472 for gas-freeing/re-inerting.
552 21.2 Any ROB shall be regarded as liquid and pumpable if a) sampling and testing
553 (performed as soon as practicable after sampling) shows that it had a kinematic
554 viscosity of less than 600 centistokes at its temperature when sampled, or at the
555 temperature it would have had if Charterers’ heating instructions had been complied
556 with; or b) judged by the Surveyor to have been so at the time of the cargo tank
557 survey.
558 21.3 The Surveyor’s findings shall be final and binding upon Owners and Charterers, save
559 only in cases of obvious arithmetical error.
560 21.4 If Owners are liable to a Bill of Lading holder resulting from non-delivery of any cargo
561 in respect of which a deduction from freight is made under this Clause, Charterers will
562 indemnify Owners up to the total amount deducted.
563 21.5 This Clause refers solely to ROB from the cargo loaded under this Charter, and any
564 measured and reported volume on board prior to loading (which shall not include
565 slops) shall be deducted from any calculation made under this Clause.
596 a) Such information is or has been provided by or on behalf of the Charterers always
597 expressly without:
598 1) any liability or assumption of responsibility of whatsoever nature;
599 2) any warranty or representation whatsoever as to the content, completeness
600 and/or accuracy of any such information;
601 3) prejudice to, or waiver or variation of any kind of, Owners’ obligations
602 howsoever arising under the Charter.
603 b) Owners will not in any way rely upon any such information in rendering
604 performance and/or discharging any obligation howsoever arising under the
605 Charter.
606 23.5 Unless with Charterers’ prior agreement in writing, the Vessel shall not perform any
607 over the tide operation.
641 26 Backloading
642 26.1 At any load or discharge port within the Ranges stated in Sections E and F of Part 1,
643 Charterers may order the Vessel to discharge and backload a full or part cargo (falling
644 within Sections C and D of Part 1) for final discharge at a port within the Ranges
645 stated in Section F of Part 1.
646 26.2 If the Freight Rate stated in Section H of Part 1 is on a Worldscale basis, freight shall
647 be calculated in accordance with Worldscale for the whole Voyage on the largest
648 quantity of cargo carried at any stage of the Voyage or the minimum cargo quantity if
649 stated in Section C of Part 1 whichever is the greater.
650 26.3 Subject always to Clauses 11 and 12, all time used to backload cargo (including any
651 time spent shifting, or performing any required tank preparation) shall count as
652 laytime or demurrage, and Charterers shall reimburse additional port costs including
653 agency fees incurred by Owners and the cost of all bunkers consumed other than idle
654 bunkers during periods when laytime or demurrage is running.
689 28.4 Lump sum freight shall be in respect of the overall voyage, from the first loading port
690 to the final discharge port.
691 28.5 Freight shall not be due until, and shall be payable immediately after, completion of
692 discharge, on the gross quantity of cargo loaded as evidenced by the Bills of Lading,
693 less a) any sum derived from the operation of Clauses 21 and 38; b) any
694 disbursements or advances made to the Master or Agents; c) any sums payable by
695 Owners under this Clause 28 provided that no freight shall be payable on any
696 quantity that (at any stage of the voyage) submerges the marks appropriate under the
697 International Load Line Convention 1966.
698 28.6 All payments to Owners under this Charter shall be remitted to the account stated in
699 Section K of Part 1.
700 28.7 The Freight under this Charter shall be invoiced separately from other items claimed
701 by Owners.
702 28.8 If freight is based on Worldscale,
703 a) unless a due or charge is expressly stated under Section 5 of Part B of the
704 Preamble to Worldscale to be for Charterers’ account, any such due or charge
705 shall be for Owners’ account.
706 b) dues and other charges payable by Charterers under Section 5 of Part B of the
707 Preamble to Worldscale shall in the first instance be paid by Owners, and
708 Charterers shall reimburse Owners upon receipt of all supporting invoices.
709 c) if Charterers order the Vessel to load and/or discharge at additional ports, freight
710 shall be calculated by reference to the voyage performed.
711 28.9 If freight is not based on Worldscale but calculated on some other basis (such as,
712 without limitation, a lump sum amount or an amount per tonne):
713 a) Charterers shall not be liable for any costs covered by Worldscale under a fixed or
714 variable freight differential (Section D of Worldscale), such costs being deemed
715 to be included in the agreed freight. However Charterers shall be liable for any
716 due or charge which is expressly stated under Section 5 of Part B of the
717 Preamble to Worldscale to be for Charterers’ account.
718 b) if Charterers order the Vessel to load and/or discharge at additional ports, in the
719 absence of an agreed adjustment to the freight the provisions of Clause 25 shall
720 apply.
721 28.10 If a charge is imposed upon Charterers by reason of the Vessel’s prolonged
722 occupation of a berth for reasons beyond the control of Charterers, their servants or
723 agents, such charge shall be paid by Owners.
736 29.3 Charterers’ exercise of, or failure to exercise, any of their rights under this Clause 29
737 shall be entirely without prejudice to the respective rights and obligations of the
738 parties.
739 29.4 Any delay arising solely as a result of any inspection, survey or sampling under this
740 Clause 29 shall count as laytime or demurrage.
741 29.5 If Charterers require the Vessel to divert under this clause then any costs will be
742 calculated in accordance with Clause 24.3.
743 29.6 If, to facilitate access of their representative to the Vessel or other locations for the
744 purposes of Clause 29.1 and 29.2 (“the Purpose”), the Charterers furnish to the
745 Owners and/or their agents personal details (“Personal Data”) of their representative,
746 such as, without limitation, full name, date of birth, passport or similar identification
747 documentation, the Owners shall:
748 a) comply with all applicable Data Protection laws in connection with the Personal
749 Data;
750 b) only process or otherwise deal with the Personal Data in connection with and for
751 the fulfilment of the Purpose, and not otherwise;
752 c) procure that their agents or other persons in receipt of the Personal Data on
753 behalf of the Owners comply with Clause 29.6 a) and b).
781 30.7 If an original Bill of Lading is not available at any discharge port to which the Vessel
782 may be ordered by Charterers under this Charter, or if Charterers require Owners to
783 deliver cargo to a party or at a port other than as set out in the Bill of Lading, then
784 Owners shall nevertheless discharge such cargo in compliance with Charterers’
785 instructions, upon presentation by the consignee nominated by Charterers (“the
786 Receiver”) of reasonable identification to the Master and in consideration of
787 Charterers indemnifying Owners in the manner prescribed in the form of letter of
788 indemnity agreed and published from time to time by the International Group of P&I
789 Clubs addressing the relevant circumstances. Such indemnity shall be deemed to
790 have been given when Charterers issue instructions to Owners pursuant to this
791 Clause. Charterer’s liability under such indemnity shall a) in no case exceed twice the
792 CIF value of the cargo at the discharge port on completion of discharge; b) cease
793 three years after disconnection of hoses at the discharge port unless beforehand
794 Charterers have received from Owners written notice of a claim under it.
854 32 Liberty
855 32.1 The Vessel shall have liberty to sail with or without pilots, to tow or go to the
856 assistance of Vessels in distress and to deviate for the purpose of saving life and
857 property, or for any other reasonable purpose.
858 32.2 Unless with Charterers’ prior written consent, not to be unreasonably withheld, the
859 Vessel shall not after tendering NOR at the first loading port stop or deviate for
860 bunkering whilst laden, always without prejudice to Owners’ obligation under
861 Clause 6.2 to include details of and take into account anticipated bunkering
862 requirements in all ETAs.
863 33 Ice
864 33.1 If during passage to a port, the port is or becomes inaccessible by reason of ice, the
865 Master shall by email immediately request revised Voyage Orders. The accessibility
866 of the port shall be determined by the Master having regard to the Class and design
867 capability of the Vessel.
868 a) Pending receipt of revised Voyage Orders the Vessel shall remain outside the
869 area affected.
870 b) Upon receipt of the Master’s request for revised Voyage Orders, Charterers shall
871 instruct Owners to proceed to an alternative accessible port within the Charter
872 Ranges where there are facilities for loading or discharging the cargo.
873 c) Freight shall be paid at the Charter rate applicable to such alternative port, and
874 any time lost awaiting revised Voyage Orders shall count as laytime or
875 demurrage. Any additional time taken to steam to the alternative port compared to
876 the time it would have taken to proceed there directly (calculated by reference to
877 the Charter Speed) shall count as laytime or demurrage, and Charterers shall pay
878 Owners for the additional bunkers consumed.
879 33.2 If, on or after the Vessel's arrival at a port, there is a danger of the Vessel being
880 frozen in, the Vessel shall proceed to the nearest accessible position, and at the
881 same time the Master shall by email request revised Voyage Orders. Charterers shall
882 then order Owners either to:
883 a) proceed to an alternative accessible port, within the Charter Ranges, where there
884 is no danger of the Vessel being frozen in and where there are facilities for
885 loading or discharging cargo, and the sums payable in respect of freight,
886 additional steaming time and additional bunkers shall be calculated as in
887 Clause 33.1 c); or
888 b) return to and load or discharge at the port originally nominated, in which case if,
889 during any time until the Vessel passes the ice edge outbound, there is any delay
890 due solely to ice, such shall count as laytime or demurrage; or
891 c) remain at the accessible position and await orders, in which case any time doing
892 so shall count as laytime or demurrage.
893 Any costs incurred solely by reason of the Vessel proceeding to the nearest
894 accessible position to avoid being frozen in shall be borne equally between Owners
895 and Charterers.
896 33.3 Unless with Charterers' prior agreement in writing, the Vessel shall not transit the
897 Northern Sea Route or the Northwest Passage.
898 33.4 If the Vessel is ice classed or strengthened:
899 a) Charterers may require the Vessel to breach INC limits and/or follow ice-breakers,
900 subject always to the Vessel’s Class and design capability. Any extra insurance
901 premium, all ice dues and the costs of any ice-breakers or ice advisors shall be
902 for Charterers’ account;
903 b) the Vessel shall not enter areas where the published data (as issued by the local
904 coastguard and/or other competent authorities) indicates that the ice is thicker
905 than that for which the Vessel is classed;
906 c) the navigation and safety of the Vessel shall remain the responsibility of the
907 Master;
908 d) if the ice edge is not within port limits the Master shall give written notice to
909 Charterers of the Vessel’s arrival at the ice edge;
910 e) if the ice edge is within port limits, Clause 10 and all other charter provisions
911 including Clause 12 as to laytime and demurrage shall apply;
912 f) all time lost at the ice edge awaiting ice breakers and/or the arrival of the ice
913 advisor and/or pilot and all time lost in slow steaming due to ice conditions shall
914 count as laytime or demurrage;
915 g) if the Vessel is proceeding to the first load port and the ice edge is not within port
916 limits, the cancelling date shall be extended by the time lost under Clause 33.4 f).
967 34.4 If at any time after the loading of the cargo commences, it appears, in the reasonable
968 judgment of the Owners, that the Vessel, her cargo, crew or other persons on board
969 is/are likely to be exposed to War Risks on any part of the route (including any canal
970 or waterway) which is normally and customarily used in a voyage of the nature
971 contracted for, and there is another longer route to the discharge port, Owners may
972 give notice to Charterers that this route should be taken. In such case this Charter
973 shall be read in respect of freight and all other conditions whatsoever as if the voyage
974 performed were that originally designated.
975 34.5 In all of the above events, the Vessel shall have liberty:
976 a) to comply with all orders, directions, recommendations or advices as to departure,
977 arrival, routes, sailing in convoy, ports of call, stoppages, destinations, discharging
978 of cargo, delivery or in any other way whatsoever which are given by the
979 government of the State under whose flag the Vessel sails, or other government
980 to whose laws Owners are subject, or with the requirements of any other
981 government or any legally established body or group acting with the power to
982 compel compliance with their orders or directions;
983 b) to comply with the orders, directions or recommendations of any war risks
984 underwriters who have the authority to give the same under the terms of the war
985 risks insurance applicable to the Vessel;
986 c) to comply with the terms of any resolution of the Security Council of the United
987 Nations, any directives of the European Community, the effective orders of any
988 other supranational body which has the right to issue and give the same, and with
989 national laws aimed at enforcing the same to which Owners are subject, and to
990 obey the orders and directions of those who are charged with their enforcement;
991 d) to discharge at any port any cargo or part thereof which may render the Vessel
992 liable to confiscation as a contraband carrier;
993 e) to call at any port to change the crew or any part thereof or other persons on
994 board the Vessel if there is good reason to believe that they may be subject to
995 internment, imprisonment or other sanctions;
996 f) to take whatever preventive measures may (in the reasonable judgment of the
997 Owners) be or prove necessary to protect the Vessel, her crew and cargo,
998 including but not limited to re-routeing, proceeding in convoy, using escorts,
999 avoiding day or night navigation, adjusting speed or course, or engaging security
1000 personnel or equipment on or about the Vessel.
1001 34.6 If Owners deploy armed or unarmed security personnel on or about the Vessel:
1002 a) Owners will advise Charterers accordingly and will indemnify and hold Charterers
1003 harmless for any and all costs, losses and/or damages arising out of and/or in
1004 connection with the carriage and/or any use of the security personnel’s weapons;
1005 b) all disbursement costs associated with such personnel shall be for Owners’
1006 account, and such personnel will be employed under the supervision, control and
1007 responsibility of the Master.
1008 34.7 Owners warrant that:
1009 a) they will follow the latest version of any relevant industry guidelines on the
1010 employment of a security team in existence at the time of signing of any security
1011 contract;
1012 b) weapons are carried, embarked, disembarked and moved between ports and/or
1013 places with the necessary licenses and in accordance with the laws of the Flag
1014 State and any other applicable national laws and will be declared by Owners at all
1015 ports designated by Charterers;
1016 c) the presence of security personnel is solely to protect the Vessel, her cargo, crew
1017 and other persons on board.
1018 34.8 If in compliance with Clause 34.5 anything is done or not done, such shall not be
1019 deemed to be a deviation, but shall be considered as due fulfilment by the party
1020 concerned of its obligations under this Charter.
1021 34.9 This Clause shall be incorporated into any Bill of Lading issued pursuant to this
1022 Charter.
1083 37 Quarantine
1084 If Charterers require the Vessel to proceed to any port at which, at the time the Vessel is
1085 ordered to that port, there is quarantine, any time spent or lost while the Vessel is detained
1086 due to such quarantine shall count as laytime or demurrage. However, if quarantine is
1087 declared while the Vessel is on passage to such port, Charterers shall not be liable for any
1088 delay caused by such quarantine.
1198 a) were registered with the IMO as ISPS Compliant Ports and acceptable by the US
1199 authorities under their security regime;
1200 b) if the Vessel conducted any ship to ship loading or transfer of goods, supplies,
1201 individuals or cargo, such has been carried out in accordance with the Vessel’s
1202 approved Ship Security Plan.
1215 46 Exclusions
1216 46.1 Articles III (other than Rule 8), IV, IV bis and VIII of the Schedule to the United
1217 Kingdom Carriage of Goods by Sea Act 1971 shall be deemed inserted in full into this
1218 Charter, which shall be deemed a contract for the carriage of goods by sea to which
1219 the said Articles apply, and Owners shall have the protection of those Articles in
1220 respect of any claim made under this Charter.
1221 46.2 Unless expressly provided otherwise in this Charter, Charterers shall not be
1222 responsible for any loss, damage, cost, expense, delay or failure in performance
1223 arising or resulting from act of God, natural events (such as storms, cyclones,
1224 earthquakes, tidal waves, floods, lightning), explosions, fires, destruction of pipelines
1225 and any other kind of installation, war (whether declared or not), civil war, civil
1226 commotions, riots and revolutions, hostilities, acts of piracy, acts of sabotage, lawful
1227 detention of the Vessel, quarantine restrictions, threatened or actual boycotts, lock-
1228 outs, strikes or any other labour dispute.
1229 47 Both-to-Blame
1230 47.1 If the liability for any collision in which the Vessel is involved while performing this
1231 Charter falls to be determined in accordance with the laws of the USA, or the laws of
1232 any State which applies laws similar to those applied in the USA in the circumstances
1233 envisaged by this Clause 47, the following provision shall apply:
1234 “If the Vessel comes into collision with another Vessel as a result of the negligence of
1235 the other Vessel and any act, neglect or default of the Master, mariner, pilot or the
1236 servants of the carrier in the navigation or in the management of the Vessel, the
1237 Owners of the goods carried hereunder will indemnify the carrier against all loss or
1238 liability to the other or non-carrying Vessel or her Owners in so far as such loss or
1239 liability represents loss of, or damage to, or any claim whatsoever of the Owners of
1240 said goods, paid or payable by the other or non-carrying Vessel or her Owners to the
1241 Owners of said goods and set off, recouped or recovered by the other or non-carrying
1242 Vessel or her Owners as part of their claim against the carrying Vessel or carrier.
1243 These provisions shall also apply where the Owner, operators or those in charge of
1244 any Vessel or Vessels or objects other than, or in addition to, the colliding Vessels or
1245 objects are at fault in respect of collision or contact.”
1246 47.2 While Charterers shall procure that all Bills of Lading issued under this Charter shall
1247 contain the above provision, to be applicable where the liability for any collision in
1248 which the Vessel is involved falls to be determined under the preamble of this
1249 Clause 47, Charterers do not undertake that such provision will be effective, and if it
1250 proves ineffective Charterers shall not be obliged to indemnify Owners.
1292 4) Nothing in this Bill of Lading shall be construed as in any way restricting, excluding or
1293 waiving the right of any relevant party or person to limit his liability under any
1294 available legislation and/or law”.
1295 51 Lien
1296 Owners shall have a lien upon the cargo for all freight, deadfreight, demurrage and the cost
1297 of recovery thereof.
1305 53 Remeasurement
1306 Charterers may request that the Vessel is remeasured to comply with particular port
1307 restrictions, and the reasonable time incurred and disbursement cost for any such
1308 remeasurement will be for Charterers' account.
1309 54 Administration
1310 This Charter shall not be issued in paper form unless required by either party. If so required,
1311 Owners or their brokers shall print the full Charter Party, bearing the date it was concluded
1312 and will arrange for signature by Owners and Charterers.
1313 55 Communications
1314 Unless expressly provided otherwise in this Charter, all communications from Owners shall
1315 be according to the Voyage Orders, and all communications from Charterers shall be to the
1316 details listed in Section M of Part 1 or via brokers.
1334 58.4 For any transit of the Strait of Istanbul or the Strait of Canakkale, Owners shall
1335 employ and pay for a Pilot.
1336 58.5 Owners shall upon Charterers' request, issue a copy non-negotiable Bill of Lading
1337 and cargo manifest bearing the name of the Turkish receiver. Such Bill of Lading shall
1338 be marked “For Customs Purposes Only” and “Not a Document of Title”. Charterers
1339 shall indemnify Owners for complying with this request in accordance with terms of
1340 indemnity set out at Clause 31.2.
1349 60 Confidentiality
1350 The details of this Charter, and the negotiations that led to it, are to remain private and
1351 confidential between the parties and must not be communicated to any third party, except
1352 such information required to be disclosed by either party to a) its employees, auditors,
1353 insurers, lawyers and affiliates who need to know it in connection with the performance of this
1354 Charter; b) any court or governmental authority requiring it; c) any other appropriate third
1355 party to the extent necessary to comply with any contractual, legal or governmental
1356 requirement, and in all cases on terms which to the fullest possible extent preserve
1357 confidentiality.