Code word for thIs Charter Party

"SHELLVOY 5"
Issued July 1987
Voyage Charter Party
LONDON, 19
PREAMBLE
IT IS THIS DAY AGREED between 2

01 (hereinafter referred to as "Owners") being owners/disponcnt owners of the 3

motor/steam tank vessel called 4

(hereinafter referred to as "the vessel") 5

and of 6

(hercinaller referred to as "Charterers") 7

that the service for which provision is herein made shall be subject to the terms and conditions of this charter 8
which includes Part I and Part II In the event of any contlict between the provisions 01 Part ! and Part II hereof, 9
the provisions of Part J shall prevail \0

PART I II

(A) Description Owners guarnntee that at the date hereof the vessel: M
12
of vessel 13
(i) Is classed 14

(ii) Has a deadweight of tonnes (1000 kg) on a salHvater draft on assigned summer freeboard 15
of m 16

(iii) Has a capacity available for the cargo of tonnes (1000 kg) 5% more 01' less in Owners' 17
option 18

(iv) Is fully fitted with heating systems for all cargo tanks capable of maintaining cargo at a tcmperature of up 19
to degrees Celsius 20

(v) Has tanks coaled as fol1ows:~ 21

(vi) Is equipped with cranes/derricks capable of lining to and supporting at the vessel's port and starboard 22
manifolds submarine hoses of up to tonnes (1000 kg) in weight 23

(vii) Has cargo pumps capable of'dischurging a full cargo within hours or maintaining a back 24
pressure of at the vessel's manifold (provided shore facilities permit and the cargo docs not 25
have a kinematic viscosity exceeding 600 centistokes at the discharge tempelUture required by 26
Charterers) 27

(viii) Has or will have carried the following three cargoes immediately prior to loading under this charter:- 28
Last 29
2 M
3 31

(ix) Has a crude oil washing system complying with the requirements of the International Convention for the 32
Prevention of Pollution from Ships J 973 as modified by the Protocol of 1978 ("MARPOL- 73/78") 33

(x) Has an opcrational inert gas system 34

(xi) Has on board all papers and certificates required by any applicable law, in force as at the dale of Ihis 35
charIer, to enable the vessel to pcrform the charter service without any delay 36

(xii) Is entered in P&I Club 37

(8) Position/ Now Expected ready to load 38

Readiness 39

(Cl Layday, Commencing Noon Local Time on (Commencement Date) 40

Terminating Noon Local Timc on ("Iennination Date) 41
Issued July 1987 "SHELLVOY 5"

PART! PAGE 2

(D) loading 42
Port(s)! 43
Runge one or more ports at Charterers' option 44

(E) Discharging 45
Port(s)! 46
Range one or more ports at Charterers' option 47

(F) Cargo 48
description Charterers' option 49

Maximum temperature on loading degrees Celsius 50

(G) Freight rule At %) of the rule for the voyage as provided for in the Worldwide Tanker Nominal Freight Scale current at 51
the date of commencement of loading (hereinafter relen'ed to as "Worldscale") per ton (2240lbs)/tonne 52
(1000Kg) 53

(H) Freight 54
payable to 55

(I) Lay time running hours 56

(J) Demurrage 57
per day (or 58
pro rata) 59

(K) ETAs All radio messages sent by the masler to Charterers shall be addressed to 60

(l) Special 61
provisions 62

Signatures IN WITNESS WHEREOF, the parties have caused Ihis charter consisting of the Preamble, Parts I and JJ to be 63
execuled as of the day and year first above written 64

By 65

By 66
Issued July 1987 "SHELLVOY 5"
PART II 67

Condition Owners shall exercise due diligence to ensure that from the time when the obligation to proceed to the 68
of vessel loading port(s) attaches and throughout the charter service ~ 69
(a) the vessel and her hull, machinelY, boilers, tnnks, equipment nnd facilities arc in good order and 70
condition and in every way equipped and lit for the service required; :md 71
(b) the vessel has a full and efficient complement of master, oflicers and crew; 72
and to ensure thut before and ut the commencement of any laden voyage the vessel is in all respects fit to carry the 73
cargo specified in Part I(F) 74

Cleunliness 2 Whilst loading, canying and discharging cargo the muster shall ut u1\ times use due diligence to keep 75
of tanks the tanks, lines and pumps of the vessel c1enn for the cargo specified in Purt I(F) It shall be for the master alone to 76
decide whether the vessel's tunks, lines und pumps ure suitably clean However, the decision of the master shall 77
be without prejudice to the right of Charterers, should any contamimllion or damage subsequently be found, to 78
contend that the same was caused by inadequate cleaning andlor some breach of this or any other Clause of this 79
churter 80
Voyage 3 Subject to the provisions of' this charter the vessel shall perform her service with utmost despatch and 81
shall proceed to such berths as Charterers may specify, in any port or ports within Purt 1(0) nominated by 82
Charterers, or so ncar thereunto as she may safely get and there, always safely anoat, load a rull cargo, but not in 83
excess of the maximum quantity consistent with the Intemational Load Line Convention for the lime being in 84
force and, being so lotlded, proceed as ordered on signing bills of lading to such berths as Chalterels may specify, 85
in any port or ports within Ptlrt I(E) nominated by Churterers, or so netll' thereunto as she may safCly get and 86
there, always sufely an oat, discharge the cargo 87

Charterers shall nominate loading and discharging ports, and shall specify loading and discharging berths, in 88
sufficient time to avoid delay 01' deviation 10 the vessel Subjecl to the foregoing, and provided it docs not cause 89
delay or deviation to the vessel, Charterers shall have the option of ordering the vessel to safe areas at sea for 90
wireless orders 91

In this charter, "berth" means any berth, wharf, dock, anchorage, submtlrine line, a position alongside any 92
vessel or lighter or any other loading or discharging point whatsoever to which Charterers ure entitled to order the 93
vessel hereunder, and "port" menns any port or locution at sea to which the vessel may proceed in uccordance 94
with the terms of this chorter 95

Safe berth 4 Chorlerers shtlll exercise due diligence to order the vessel only to ports and berths which arc safe for 96
the vessel and to ensure that transhipment operations conform to standards not less than those set out in the latest 97
edition of ICS/OCIMF Ship·to~Shjp Transfer Guide (Petroleum) Notwithstanding anything contuined in this 98
charter, Charterers do not warrant the safety of any port, berth 01' transhipment opClation und Charterers shall 99
not be liuble for loss or uumage urising from uny unsofety if they can prove that due diligence was exercised in the 100
giving of the order 101

Freight 5 Freight shull be eamed concurrently with delivery 01 cargo at the nominated discharging port or ports 102
and shall be paid by Charterers to Owners without :lI1y deductions in United Stutes Dollars at the rutc(s) specified 103
in Part I(G) on the gross Bill or Lading quantity as furnished by the shipper (subject to Clauses 8 and 40), upon 104
receipt by Chnrterers of notice 01 completion of final discharge of corgo, provided that no freight shall be paynblc 105
on any quantity in excess of' thc moximum quantity consistent with the International Load Line Convention for 106
the time being in force 107

If the vessel is ordered to proceed on a voyuge for which a fixed differentia! is provided in Worldscale, such 108
fixed differential sholl be poyabJe without applying the percentage referred to in Part J(G) 109

If eargo is carried between ports andlol' by a route for which no freight rate is expressly quoted in 110
Worldscnle, then the ptlrties shall, in the absence of agreement us to the appropriate frcight rule, apply to III
Worldscale Association (London) Ltd, or Worldscale Association (NYC) Jne, for the determination of un 112
appropriate Worldscale freight rute 113

Sove in respect of the time when freight is earned, the location of ony transhipment ot seo pursuant to Clause 114
26(2) shnl1 not be an additional nominated port for the purposes of this charler (including this Cluuse 5) and the 115
freight rate for the voyage shall be the some ns jf such transhipment had not taken place 116

Dues and 6 Dues and other charges upon the vessel, including those assessed by rererence to the quantity of cargo 117
other charges loaded or dischorged, and any toxes on freight whatsoever shall be poid by Owners, and dues and other charges 118
upon the cargo shall be paid by Charterers However, notwithstanding the foregoing, where under a provision of 119
Worldscale a due or charge is expressly for the account of Owners or Challerers then such due or charge sholl be 120
payable in accordance with such provision 121

Loading and 7 fhe cnrgo shall be louded into the vessel at the expense of' Churterers and, up to the vessel's pennanent 122
dischurging hose connections, at Charterers' Jisk The cargo sholl be discharged from the vessel ul the expense 01 Owners 123
cargo and, up to the vessel's permanent hose connections, at O\VT!ers' risk O\VT!ers shall, unless otherwise notHied by 124
Charterers or their ogents, supply at O\VT!el's' expense all hands, equipment and facilities required on board for 125
mooring und unmooring and connecting and disconnecting hoses for loading ond discharging 126

Deadfreighl 8 Charterers need not supply a filII cargo, but if they do not freight shall nevertheless be paid as if the 127
 vessel had been loaded with a full cargo 128

The teml "lull cargo" as used throughout this charter means a cargo which. together with any collected 129
washings (as defined in Clause 40) retained on board pursuant to the requirements of MARPOl 73178. nils the 130
vessel to either her applicable de3dweight or her capacity stated in Part I{A)(iii), whichever is less. while leaving 131
sufficient space in the tanks for the expansion of cargo 132

Shifting 9 Charterers shall h,lYe the right to require the vessel to shift at ports of loading andlor discharging from a 133
loading or discharging berth within port limils and back to the same or to another such berth once or more otien 134
on payment of all additional cxpenses incurred For the purposes of freight payment and shifting the pl:lces 135
grouped in Pori and Temlinal Combinations in Worldscale are to bc considered as berths within a single POlt II 136
at any time before cargo operations are completed it becomes dangerous for the vessel to remain at the specified 137
berth as a result of wind or wateT' conditions, Charterers shall pny all additional expenses of shifting from any such 138
berth and bnek to that or any other specified berth within port limits (except to the extent that any fault of the 139
vessel contributed to such danger) 140

Subject to Clause 14(a) and (c) time spent shifting shall count against Jay time or if the vessel is on demurrage 141
for demurrage 142

Charterers' 10 If the vessel is delayed due to Charterers' breach of Clause 3 Charterers shaH. subject to the ternl::> 143
failure to give hereof, compensate Owners in accordance with Clause J 5(1) and (2) as if such delay were time exceeding the 144
orders laylime 145

f'he period 01 such delay shall be calculated 146

(i) frOOl 6 hours after Owners notify Charterers that the vessel is delayed awaiting nomination of' loading 147
port until such nomination has been received by Owners. 01 148
(ii) froOl 6 hours after the vessel gives notice of readiness at the loading port until commencement 01 149
loading ISO
us the cllse may be, subject always to the same exceptions as those set out in Clause 14 Any period of delay lSI
in respect of which Charterers pay compensation pursuant to this Clause 10 shaH be excluded Irom any 152
calculation of time for lay time or demurrage made under any other Clause of this charter 153

Periods of delay hereunder shall be cumulative for each port, and Owners may demand compensation after 154
the vessel has been delayed for a total of 20 running days, and thereafter atier each succeeding 5 running days of ISS
delay and at the end of any delay Each such demand shall show the period in respect of which compensation is 156
claimed and the amount due Charterers shal1 pay the full amount due within 14 duys after receipt of Owners' 157
demand Should Charterers fail to make any such payments Owners shall have the right to temlinate this charter 158
by giving written notice to Charterers or their agents, without prejudice 10 any claims which Charterers or 159
OWncrs may have against each other under this charter or otherwise 160

Laydays/ J I Should the vessel not be ready to load by noon local time on the termination date set out in Part J(C) 161
Termination Charterers shall have the option of terminating this charter unless the vessel has been delayed due to Charterers' 162
change of orders pursuant to Clause 26, in which case the Jaydays shall be extended by the period of 163
such delay 164

However, if Owners reasonably conclude that, despite the exercise of' due diligence, the vessel will not be 165
ready to load by noon on the termination date, OWners may, as soon as they arc able to state with reasonable ! 66
certainty a new date when the vessel will be ready, give notice to Charterers declaring the new readiness date and 167
asking Charterers to elect whether or not to terminate this charter Unless Charterers within 4 days after such J 68
notice or within 2 days after the termination date (whichever is earlier) declare this charter tCiminated, Part I(C) 169
shall be deemed to be amended sueh that the new readiness dale stated shall be the commencement date and the 170
second day thereafter shall be the termination date 171

The provisions of this Clause and the exercise or non·exercise by Charterers of their option to terminate 172
shall not prejudice any claims which Charterers or Owners may have against eaeh other 173

Lay time 12 The lay time for loading, discharging and al1 other Charterers' purposes whatsoever shaH be the 174
number of running hours specified in Part 1(1) Charterers shall have the right to load and discharge at all times, 175
including night, provided that they shall pay for all extra expenses incurred ashore 176

Notice 11 (I) Subject to the provisions of Clauses 13(3) and 14, if the vessel loads or discharges cargo other thun 177
of readinessl by transhipment at sea 178
Running time 179
(a) Time at euch loading or discharging port shaU commence to run 6 hours atier the vessel is in 180
all respects ready to load or discharge and written notice thereof has been tendered by the 181
master or Owners' agents to Charterers or their agents and the vessel is securely moored at 182
the speci!1ed loading or discharging berth However. if the vessel docs not proceed 183
immediately to such berth time shall commence to run 6 hours after (i) the vessel is lying in 184
the area where she was ordered 10 wait or, in the absence of any such specific order, in a 185
usual wailing area and (ii) written notice of readiness has been tendered and (iii) the 186
specified berth is accessible A loading or discharging berth shall be deemed inaccessible 187
only for so long as the vessel is or would be prevented from proceeding to it by bad weather. 188
tidal conditions, ice, awaiting daylight pilot or tugs, or port traffic control requirements 189
(except those requirements resulting from the unavailability of such berth or oCthe cargo) 190

If Charterers fail to specify a berth at any port, the first berth at which the vessel loads or 191
discharges the cargo or any part thereof shaH be deemed to be the specified berth at such 192
 port for the purposes of this Clause 193

Notice shall not be tendcred berore commencement of laydays and notice tendered by radio 194
shall qualify as written notice provided it is confirmed in writing as soon as rcasonably 195
possible J 96

(b) Time shall continue to run 197

(i) until cargo hoses have been disconnected, or 198

(in if the vessel is delayed for Charterers' purposes for more than one hoUl after 199
disconnection of cargo hoses, until the tennination of such delay provided that if the 200
vessel waits at any plaee other than the berth, time on passage to such other place, rrom 20 I
disconnecting of hoses to remooring/anchor:lge a\ such other place, shall not count 202

(2) If the vessel loads or discharges cargo by transhipment at sea time shall count rrom the arrival of 203
the vessel at the transhipment area or from commencement of the Jaydays, whichever is laler, and, subject to 204
Clause 14(c), shall run until transhipment has been completed and the vessels have separated 205

(3) Notwithstanding anything else in this Clause 13, if Charterers start loading or discharging the 206
vessel before time would otherwise start to run under this charter, time shall nlll from commencement of' such 207
loading or discharging 208

(4) for the purposes of this Clause 13 and of Clause 14 "time" shall mean lay time or time counting 209
for demurmge, as the case may be 2 I0

Suspension J4 Time shall not count when 211

or time 212
(a) spent on inward passage from the vesscl's wailing area to the loading or discharging berth 213
specified by Charterers, even if Iightcning occurred at such waiting area; or 214
(b) spent in handling ballast except to the extent that cargo operations arc carried on concurrently 215
and arc nol delayed thereby; or 216
(c) lost as a result of 217
(i) breach of this Charter by Owners; or 218
(ii) any cause attributable to the vessel, including breakdown or inefficiency of the vessel; or 219
(iii) strike, lock~out, stoppage or restraint of labour of master, officers or crew of the vessel or 220
tug boals or pilot 221

Demurrage 15 (1) Charterers shall pay demurrage at the rate specified in Part I{J) 222

If the demurrage rate specified in ParI 10) is expressed as a percentage of WorldscaJe stich percentagc shall 223
be applied 10 the demurrage rule applicable to vessels of a similar size to the vessel as provided in Worldscale or, 224
for the purpose or clause 10 and/or if this charter is tcnninated prior to the commencement of loading, in the 225
Worldwide Tanker Nominal Freight Scale cutrent at the termination date specified in Pari !(C) 226

Demurrage shal! be paid per running day or pro rata for part thereof for all time which, under the provisions 227
of this charter, counts against lay time or for demurrage ami which exceeds the lay time specified in Part 1(1) 228
Charterers' liability for excecding the lay time shal1 be absolute and shall not in any case be subject to the 229
provisions of Clause 32 230

(2) If~ however, all or part of such demurrage arises out of' or results from fire or explosion at ports of 23 J
loading and/or discharging in or about the plant of' Charterers, shippers or consignees of the cargo (not being a 232
fire or explosion caused by the negligence or wilful act or omission of Charterers, shippers or consignees of 233
the cargo or their respective servants or agents), act of God, act oj war, riot, civil commotion, or arrest or 234
restraint of princes rulers or peoples, the rate of demurrage shall be reduced by half ror such demurragc or such 235
part thereof 236

(3) Owners shal1 notify Charterers within 60 days aller completion 01 discharge if demurrage has 237
been incurred and any demurrage claim together with supporting documentation shall be submitted within 90 238
days after completion of discharge If Owners fail to give notice of or to submit any such claim within the lime 239
limits aforesaid, Charterers' liability for such dcmurragc shall be extinguished 240

Vessel 16 Charterers shall have the right, but no duty, to have a representative attend on board the vessel at any 241
inspection loading and/or discharging ports (except locations at sea) and the master and Owners shall co~operate to facilitate 242
his inspection of the vessel and observntion of cargo operations However, such right, and the excrcise or 243
non~exercjse thereof, shall in no way reduce the mastcr's or Owners' authority over, or responsibility to 244
Charterers and third parties for, the vessel and every :lspect of her operation, not incre:lse Charterers' 245
responsibilities to Owners or third parties for the same 246

Cargo inspection 17 Without prejudice to Clause 2 hereof, Charterers shaH have the right to require inspection of the 247
vessel's tanks at loading and/OI' discharging ports (except locations at sea) 10 ascertain the quantity and quality of 248
the cargo, water and residues on board Depressurisation of the tanks to pennit inspection and/or ullaging shall 249
be carried out in accordance with the rceommendations in the latest edition of the Intell1ational Safi::ty Guide for 250
Oil Tankers and Tenninals Charterers shal1 also have the right to inspect and take samples from the bunker tanks 251
and other non~cargo spaces Any delay to the vessel caused by such inspection and measurement or associated 252
depressurising/repressurising of tanks shall count against lay time, or if the vessel is on demurrage, for demurrage 253

Cargo 18 The master shall ascertain the contents 01 all tanks before and after loading and before Dnd aner 254
measurement discharging, and sholl prepare lank*by*tank ullage reports of the cargo, waler and residues on board which shall 255
be promptly made available to Charterers or their representative if requesled Each such ullage report shaH show 256
actual ullage/dips, and densities at observed and standard temperature (15 deg Celsius) AI! quantities shall be 257
expressed in cubic metres 01 both observed and standard tempemlure 258

Inert gas 19 rhe vessel's inert gas system (if any) shall comply with Regulation 62, Chapter 1l~2 of the 1974 Safety of 259
Life 01 Sea Convention as modified by the Protocol of 1978 and Owners warrant that such system shall be 260
operated in accordance with the guidance given in the IMO publication "Inert Gas Systems (1983)" Should the 261
inert gas system fail, Section 8 (Emergency Procedures) of the said IMO publication shall be strictly adhered to 262
and time lost as a consequence of such failure shall not count against loy time or, if the vessel is on demurrage, for 263
demurrage 264

Crude oil 20 If the vessel is equipped lor crude oil washing Charterers shall have the right 10 require the vessel to 265
washing crude oil wash those tanks in which the cargo is carried If cnlde oil washing is required by Charterers or any 266
competent authority, any additional discharging time thereby incurred shall count against laylime or, if the vessel 267
is on demurrage, for demurrage, and the number of hours specilied in Part I(A)(vii) shall be increased by 075 268
hours per cargo tank washed 269

Over age 21 Any additional insurance on the cargo required because 01 the age of the vessel shall be for Owners' 270
insurance account 271

Icc 22 Ihe vessel sholl not be required to force ice 01' to follow icebreukers If the master tinds that a 272
nominated port is inaccessible due to icc, the master shall immediately notify Charterers requesting revised 273
orders and shall remain outside the ice*bound area; and if after arrival at a nominated port there is danger of the 274
vessel being frozen in, the vessel shall proceed to the nearest safe and ice free position and at the same time 275
request Charterers to give revised orders 276

In either case if'the affectcd port is 277

(i) the first or only loading port ami no cargo has been loaded, Charterers shall either nominate another 278
port, or give notice cancelling this charter in which case they shall pay nt the demulTage rate in Part 1(1) 279
for the lime from the master's notilication uloresaid or from nolice of readiness on arrival, us the case 280
may be, until the time such cancellation notice is given; 281
(ii) a loading port and part of the cargo has been loaded, Charterers shal1 either nominate another port, or 282
order the vessel to proceed on the voyage without completing loading in which case Charterers shull 283
pay for any dead freight arising therefrom; 284
(iii) a discharging port, Charterers shall either nominate another porI or order the vessel to proceed to or 285
return to and discharge at the nominated port If the vessel is ordered to proceed to or return to u 286
nominated port, Chatterers shall benT the risk of the vessel being damaged whilst proceeding to or 287
returning to or at such port, and the whole period from the time when the master's request for revised 288
orders is rcceived by Charterers until the vessel can safely depart after completion of discharge shall 289
count against lay time or, if the vessel is on demurruge, for demUlrage 290

If; as a consequence of Charterers revising orders pursuant to this clause, the nominated port(s) or the 291
number or rotation of ports is changed, freight shall nevertheless be paid for the voyage which the vessel would 292
otherwise have performed had the orders not been so revised, such freight to be increased or reduced by the 293
amount by which, as a result of such revision of orders, 294
(a) the time used including any time awaiting revised orders (which shall be valued at the demUlTllge rale 295
in Part 1(1)), 296
(b) the bunkers consumed (which shall be valued at the bunker costs at the port at which bunkers were last 297
taken) and 298
(c) the port charges 299
for the voyage actually performed are greater or less than those that would have been incurrcd on the voyage 300
which, but for the revised orders under this Clause, the vessel would have perfomled 301

Quarantine 23 Time lost due to quarantine shall not count against lay time or for demurrage unless such quarantine 302
was in force at the time when the affected port was nominated by Charterers 303

Agency 24 The vessel's agents shall be nominated by Charterers at nominated ports of loading and dischurging 304

Such agents, although nominated by Charterers, shall be employed and paid by Owners 305

Charterers' 25 (1) (a) If the vessel, with the quantity of' cargo then on board, is unable due to inadequate depth o! 306
obligation at water in the port safely to reach any specified discharging berth and discharge the cargo there always safely afloal, 307
shallow draft Charterers shall specify a location within port limits where the vessel can discharge sufficient cargo into vessels or 308
portl lighters to enable the vcssel safely to reach and discharge cargo at such discharging berth, and the vessel shall 309
lightening in lighten at such location 310
port
(b) If the vessel is lightened pursuant to Clause 25(1)(0) then, for the purposes of the calculation 311
of' lay time and demUlrage, the lightening place shall be treated as the first discharging berth within the port where 312
such lightening occurs 313

Charterers' 26 (1) If; after loading andlor discharging parIs have been nominated, Chatterers wish to vury such 314
ordersl nominations or their rOlation, Charterers may give revised orders subject to Part I(D) andlor (E), as the case may 315
Change a! be Charterers shall reimburse Owners at the demurrage rate provided in Part 10) for any deviation or delay 316
orders/ which may result therelrom and shall pay at replacement price for any eXIra bunkers consumed 317
ParI cargo
transhipment Charterers shall not be liable for any other loss or expense which is caused by such variation unless promptly 318
 on receipt of the revised orders Owners notify Clmrlerers of the expectation of such loss or expense in which case, 319
unless Charterers promptly revoke such orders, Charterers sholl be liable to reimburse Owners for any such loss 320
or expense proven 321

(2) Subject to Clouse 33(6), Charterers may order the vesse! to load and/or discharge any pari of the 322
cargo by transhipment at sea in the vicinity of any nominated port or en route between two nominated ports, in 323
which case Charterers shall reimburse Owners at the demurrage rate specified in Part 10) for any additional 324
steaming time and/or delay which may be incurred as a consequence of proceeding to and from the location at sea 325
of such transhipment and, in addition, Charterers shall pay at replacement price for any extra bunkers consumed 326

Heating 27 If' Charterers require cargo heating the vessel shall, on passage to and whilst at disc1mrging port(s), 327
of cargo main"lin the cargo at the loaded temperature or at the temperature stMed in Part J(A)(iv), whichever is the 328
lower. Charterers may request that the temperature of the cargo be raised above or lowered below that at which it 329
was loaded. in which event Owners shaH usc their best endeavours to comply with such request and Charterers 330
shaH pay at replacement price for any additional bunkers consumed and any consequential delay to the vessel 331
shall count against lay time or, ifthe vessel is on demurrrlge, for demurrage 332

ETA 28 Owners undertake that, unless Charterers require otherwise, the master shall: 333
(a) advise Charterers by radio immediately on leaving the final port of callan the previous voyage or 334
within 48 hours after the time and date of this charter, whichever is the later, of the time and dale 335
of the vessel's expected arrival at the first loading port or, if the loading runge is in the Arubinn 336
Gulf, the time of her expected arrival off Quoin Island; 337
(b) confinn or amend such advice not later than 72 hours and again not later than 24 hours before the 338
vessel is due at the first loading port 01, in the case of a loading range in the Arabian Gulf, off 339
Quoin Island; 340
(e) advise Charterers by radio immediately after departure from the final loading port, of" the vessel's 341
expected lime of arrival at the first discharging port 01 the area at sea to which the vessel has been 342
instructed to proceed for wireless orders, and confirm or amend such advice not later than 72 343
hours and again not later than 24 haUlS befofe the vessel is due at such port or area; 344
(d) immediately radio any variation of more than six hours from expected times of arrival at loading 345
or discharging ports, Quoin Island 01 such area at sea to Charterers; 346
(e) address all radio messages in accordance with Part J(K) 347
Owners shall be responsible lor any consequences or additional expenses arising as a result of non-compliance 348
with this Clause 349

Pocked crlrgo 29 Charterers have the option of shipping products and/or general cargo in available dry cnrgo space, the 350
quantity being subject to the master's discretion. Freight shall be payable nt the bulk rate in accordance with 351
Clause 5 and Charterers shall pay in addition all expenses incurred solely as a result of" the packed cargo being 352
carried Delay occasioned to the vessel by the exercise of such option shal1 count against lay time or. if the vessel is 353
on demurrage, for demurrage 354

Subletting/ 30 Charterers shall have the option of sub-chartering the vessel and/or of" assigning this charter to any 355
Assignment person or persons, but Charterers 5hal1 always remain responsible for the due fulf11ment of all the terms and 356
conditions orthis charter 357

Uberty 31 rhe vessel shall be at liberty \0 tow or be towed, to assist vessels in all positions of distress, to call at any 358
port or ports for bunkers, to sail without pilots, and \0 deviate for the purpose 01 saving life or property or for the 359
pU'llose of embarking or disembarking persons spares or supplies by helicopter or for lilly other reasonable 360
purpose 361

Exceptions 32 (a) T"he vessel, her master and Owners shal1 not, unless otherwise in this charter expressly provided, 362
be liable for any loss or damage or delay or failure arising or resulting from any act, neglect or default of the 363
master, pilots, mariners or other servants of Owners in the nnvigation or manngement of the vessel; fire unless 364
caused by the actual fault or privity of Owners; col1ision or stranding; dangers and accidenl<; of the sea; explosion, 365
bursting of boilers, breakage of shans or any latent defect in hull, equipment or machinery; provided, however, 366
that Part I(A) and Clauses I nnd 2 hereof shaH be unaffected by the foregoing Further, neither the vessel, her 367
master or Owners, nor Charterers shall, unless otherwise in this charter expressly provided, be liable for any loss 368
or damage or delay or failure in pcrfonnrlnce hereunder arising or resulting n·om act of God, act of war, act of 369
public enemies, seizure under legal process, quarantine restrictions, strikes, lock-outs, restraints of labour, riots, 370
civil commotions or arrest or restruint of princes rulers or people 371

(b) Nothing in this charter shall be construed as in any way restricting, excluding or waiving the right 372
of Owners or of any other relevant persons to limit their liability under any available legislation or law 373

(c) Clause 32(a) shall not apply to or affect any liability of Owners or the vessel or any other relevant 374
person in respect of 375
(i) loss of or damage caused to any berth, jetty, dock, dolphin, buoy, mooring line, pipe or 376
crune or other works or equipment whatsoever at or near any pOll to which the vessel may 377
proceed under this charter, whether or not such works or equipment belong 10 Charterers 378
or 379
(Ii) any claim (whether brought by Charterers or any other person) arising out of any loss of or 380
damage to or in connection with the cargo Any such claim shall be subject to the 38 J
Hague-Visby Rules or the Hague Rules. as the case may be, which ought pursuant to Clause 382
37 hereof to have been inco'llorated ill the relevant bill of lading (whether or not such Rules 383
were so inco'llorated), or, ifno such bill of lading is issued, to the Hague-Visby Rules 384

Bills of'lading 33 (1) Subject to the provisions of this Clause Charterers may require the master to sign lawful bills of 385
 lading jor any cargo in such form as Charterers dircct 386

(2) fhe signing of bills of lading shall be without prejudice 10 this charter and Charterers hereby 387
indemnify O\vners against all liabilities thaI may arise from signing bills of lading to the extenl thaI the same 388
impose liabilities upon Owners in excess of or beyond those imposed by this charter 389

(3) An bills of lading presented to the master for signature, in addition to complying with the 390
requirements of' Clauses 35, 36 and 37, shall include or efTectively incorporate clauses substantially similar to the 391
tenns of Clauses 22, 33(7) and 34 392

(4) All bills of lading presented for signature hereunder shall show a named port of discharge If 393
when bills of' Jading arc presented fm signature discharging port(s) have been nominated hereunder, thc 394
discharging port(s) shQ\vn on such bills of lading shall be in conformity with the nominated port(s) If at the time 395
of such presentation no such nomination has been made hereunder, the discharging pOlt(S) shQ\vn on such bills of 396
lading must be within Part I(E} and shall be deemed to have been nominated hereunder by virtue of such 397
presentation 398

(5) Articlc!II Rules 3 and 5 of the Hague-Visby Rules shall apply to the particulars included in the 399
bills of lading as if Charterers were the shippers, and the guarantee and indemnity therein contained shall apply to 400
the description of the cargo furnished by or on behalf of Charterers 401

(6) Notwithstanding any other provisions of this charIer, Owners shall not be obliged to comply with 402
any orders from Charterers to discharge all or part of the cargo 403
(i) at any port other than that shO\vn on the bills of lading (except as provided in Clauses 22 or 404
34) and/or 405
(ii) without presentation of an original bill of lading 406
unless they have received from Charterers both written confinnation of such orders and an indemnity acceptable 407
to Owners 408

(7) The master shall not be required or bound to sign bills of lading for any blockaded port or lor any 409
port which the master or Owners in his or their discretion consider dangerous or impossible to enter or reach 410

(8) Charterers hereby warrant that on each and every occasion that they issue orders under Clauses 4 J1
22, 26, 34 or 38 they will have the authority of the holders of the bills of Jading to give such orders, rmd that such 412
bills of lading will not be transferred to any person who docs not concur therein 413

War risks 34 (1) 11 414

(a) any loading or discharging port to which the vessel may properly be ordered under the 415
provisions of this ehartcr or bills of lading issued pursuant to this charter be blockaded, or 416
(b) owing to any war, hostilities, warlike operation, civil commotions, revolutions, or the 417
operation of international Jaw (i) entry to any such loading or discharging port or the loading 418
or discharging of cargo at any such port be considered by the masler or O\vners in his or their 419
discretion dangerous or prohibited or (ii) it be considered by the master or Owners in his or 420
their discretion dangerous or impossible or prohibited for the vessel to reach any such 421
loading or discharging port. 422
Charterers shall have the right to order the cargo or such part of it as may he affected to be loaded or discharged at 423
any other loading or discharging port within the ranges specified in Part I(D) or (E) respectively (provided such 424
other port is not blockaded and that entry thereto or loading or discharging of cargo thereat or reaching the same 425
is not in the master's or Owners' opinion dangerous or impossible or prohibited) 426

(2) If no orders be received from Charterers within 48 hours after they or their agenL<; have received 427
from Owners a request for the nomination of' a substitute port, then 428
(a) if the affected port is the first or only landing port and no cargo has been loaded, this charter 429
shall tenninate forthwith; 430
(b) if the affected port is a loading port and part of the cargo has already been loaded, 431
the vessel may proceed on passage and Charterers shall pay for any deadn"eight so 432
incurred; 433
(c) if the affected port is a discharging port, O\vners shaH be at liberty to discharge the cargo at 434
rmy port which they or the master may in their or his discretion decide on (whether within 435
the range specified in Pari I{E) or not) and such discharging shall be deemed to be due 436
fulfilment of the contract or contracts of affreightment so far as cargo so discharged is 437
concemed 438

(3) If in accordance with Clause 34(1) or (2) cargo is loaded or discharged at any such other pOll, 439
freight shall be paid as for the voyage originally nominated, such freight to be increased or reduced by the amount 440
by which, as a result of loading or discharging at such other port, 441
(a) the time on voyage including any time awaiting revised orders (which shall be valued at the 442
demurrage rate in Part 1(1), 443
(b) the bunkers consumed (which shall be valued at the bunker costs at the port at which 444
bunkers were last taken), and 445
(c) the port charges 446
for the voyage actually performed arc greater or less than those which would have been incurred on the voyage 447
originally nominated Save as aforesaid, the voyage actually perfonned shall be treated lor the purpose of this 448
Charter as if it were the voyage originally nominated 449

(4) fhe vessel shall have liberty to comply with any directions or recommendations as to departure, 450
an"ival, roules, ports of call, stoppages, destinations, zones, waters, delivery or in any otherwise whatsoever 451
 given by the government of the nation under whose flag the vessel sails or any other government or local authority 452
including any de facto government or local authority or by any person or body acting or purporting to act as or 453
with the authority of any such government or authority or by any committee or person having under the terms 01 454
the war risks insurance on the vessel the right to give any such directions or recommendations H by reason of' or in 455
compliance with any such directions or recommendations anything is done or is not done, such shall not be 456
deemed a deviation 457

If by reason of or in compliance with any such directions or recommendations the vessel does not proceed to 458
the discharging port or ports originally nominated or to which she may have been properly ordered under the 459
provisions of this charter or bills of lading issued pursuant !O Ihis charter, the vesscl may proceed to any 460
discharging port on which the master or Ovvners in his or their discretion may decide and there discharge the 461
cargo Such discharging shall be deemed to be due fulfilment of the contract or contracts of affreightment and 462
Owners shall be entitled to freight as if discharging had been effected at Ihe port or ports originally nominated or 463
to which the vessel may have been properly ordered under the provisions 01 this charter or bills 01' lading issued 464
pursuant to this charter All extra expenses involved in reaching and discharging the cargo at any such otllel 465
discharging port shall be paid by Charterers and Owners shall have a lien on the cargo fof' all such extra expenses 466

Both to blame 35 If the liability for any collision in which the vessel is involved while performing this charter fhlls to be 467
clause determined in accmdance with the laws of the United States of America, the fol!owing clause, which shall be 468
included in all bills of lading issued pursuant to this charter Shlll111pply:- 469

"11 the vessel comes into collision with another vessel as a result of the negligence of the other vessel and any act, 470
neglect or defllult of the master, mariner, pilot or the servants of the Carrie! in the navigation or in the 471
management of the vessel, the owners of the cargo carried hereunder will indemnify the Carrier against all loss or 472
liability to the other or non-carrying vessel or her owners in so rar as such loss or liability represents loss of. or 473
damage to, or any claim whatsoever of the owners of the said cargo, paid or payable by the other or non-carrying 474
vessel or her owners to the O\vners of the said cargo and set ofj~ recouped or recovered by the other or 475
non-carrying vessel or her owners as part oftlle!r claim against the carrying vessel or the Carrier 476

The foregoing provisions shall also lIpply where the owners, operators or those in charge of any vessel or 477
vessels or objects other than, or in addition to, the colliding vessels or objects lire at fault in respect of :1 collision 478
or contact" 479

General 36 Genernl average shall be payable according to the York/Antwerp Rules, 1974, and shall be adjusted in 480
averagel London, but should the adjustment be made in accord:mce with the law and pmctice of the United States of 481
New Jason America, the following clause, which shall be included in all bills of lading issued pursuant to this charter, shall 482
Clause apply:- 483

"In the event of accident, danger, damage or disaster before or after the commencement of the voytlge, 484
resulting from :my cause whatsoever, whether due to negligence or not, for which, or for the consequence of 485
which, the Carrier is not responsible, by statute, contract or otherwise, the cargo, shippers, consignees or o\vncrs 486
of the cllrgo shall contribute with the Carriel in general average to the payment of any sacrifices, losses or 487
expenses of a general average nature that mlly be made or incurred and shall plIy slIlvage and special charges 488
incurred in respect of the cargo 489

If' a salving vessel is owned 01 operated by the Carrier, salvagc shall be paid for as fully as if thc said salving 490
vessel or vessels belonged to strangers Such deposit as the Carrier or its lIgcnts may deem sufficient to cover the 491
estimated contribution of the cargo and any salvage and special charges thereon shall, if required, be made by thc 492
cargo, shippers, consignees or owners of the cargo to the Carrier before dclivery " 493

Clause 37 The following clause shall be included in all bills of lading issued pursuant to this charter:- 494
paramount 495
"CLAUSE PARAMOUNT 496

(1) Subject to sub-clause (2) hereof; this bill of' hiding shall be governed by, and have effect subject 497
to, the rules contained in the Intemational Convention for the UniJication of Certain Rules relating to Bills of' 498
Lading signed at Brussels on 25th August 1924 (hereafter the "I·!ague Rules") as amended by the Protocol signed 499
at Brussels on 23rd February 1968 (hereaner the "Hague-Visby Rules") Nothing herein contained shall be 500
deemed to be either a surrender by the Carrier of any of his rights or immunities or an increase of any of' his 501
responsibilities or liabilities under the Hugue-Visby Rules 502

(2) If there is governing legislution which applies the Hague Rules compulsorily to this bill of lading, 503
to the exclusion of the Hague-Visby Rules, then this bill of lading shaH have effect subject to the Hague Rules 504
Nothing herein contained shall be deemed to be either a surrender by the Carrier of any of his rights or 505
immunities or an inclellse 01 any orhis responsibilities 01 liabilities under the Hague Rules 506

(3) If' any term of this bill of Jading is repugnant to the Hague-Visby Rules, or the I·taguc Rules i! 507
applicable, such (enn shall be void to that extent but no further 508

(4) Nothing in this bill of' lading shall be construed as in lIny way restricting, excluding or waiving the 509
right of' any relevant party or person to limit his liability under any avai1l1ble legislation lIndfor law" 5 I0

Back loading 38 Charterers may order the vessel to load 11 part cargo at any nominated discharging port, and to 511
discharge such part cargo at a partes) to be nominated by Charterers within the range specified in Part I(E) and 512
within the rotation of the discharging ports previously nominated, provided Ihut sueh part cargo is of the 513
description specified in Part I(F) and that the master in his absolute discretion determines that this cargo can be 514
loaded, segregated and disc1ll1rged without risk of contamination by, or of, any other cargo remaining on board 515
 Charterers shall pay a lump sum freight in respect of such part cargo calculated at the demurrage rate 516
specified in Part 10) on any additional time used by the vessel as a result of loading, carrying or discharging such 517
part cargo 5 I8

Any additional expenses, including port charges, incurred as a result of loading or discharging such part 519
cnrgo shall be for Charterers' account 520

Bunkers 39 Owners shall give Charterers or any other company in the Royal Dutch/Shell Group of Compnnies first 521
option to quote for the supply of bunker requirements for the performance of this charter 522

Oil pollution 40 (\) Owners shall ensure thnt the master shall:- 523
prevention (a) comply with MARPOL 73178 including in particular and without Iimitntion Regulation 9, 524
Chapter n of the International Convention for the Prevention of Pollution from Ships 1973; 525
(b) collect the drainings and any tank washings into a suitable tank or tanks and, alter maximum 526
sepnration of free water, discharge the bulk of such water overboard, consistent with the 527
above regulations; and 528
(c) Ihereafier notify Charterers promptly of the amounts of oil nnd free water so retained on 529
board nnd deWils of uny other washings retnined on board from curlier voynges (together 530
culled the "collected wushings") 531

(2) On being so notified, Churterers, in accordance with their rights under this Clause (which shull 532
include without limitution the right to detennine the disposal of' the collected washings), shall before the vessel's 533
arrival at the loading berth (or if alreudy arrived as soon as possible thereufter) give instructions as to how the 534
collected washings shal1 be dealt with Owners shall ensure that the master on the vessel's urrival at the loading 535
berth (or if alreudy arrived as soon as possible thereufier) shall arrnnge in conjunction with the cargo suppliers 536
for the meusurement of the quuntity of' the collected wnshings und shall recOld the same in the vessel's ullnge 537
record 538

(3) Charterers may require the eonected washings to be discharged ushore at the louding port, in 539
which case no freight shall be puyuble on them 540

(4) Alternatively Churterers mily require either that the cargo be louded on top of the collected 541
washings and the collected wushings be dischurged with the cargo, or thut they be kept separute from the cargo in 542
which cuse Churterers shull puy for uny dead freight incurred thereby in nccordance with Cluuse 8 and shal1, i! 543
plncticable, uccept dischurge of the collected washings ul the discharging port or ports 544

In either case, provided that the muster hus reduced the free wuter in the collected wnshings to a minimum 545
consistent with the retention on bourd of the oil residues in them and consistent with sub-Clause (J )(a) nbove, 546
freight in accordance with Cluuse 5 shul1 be payable on the quantity of the collected washings as if such quantity 547
were included in a bill of luding und the figure therefor furnished by the shipper provided, however, that 548
(1) if there is provision in this charter for a lower freight rate to upply to curgo in excess of an 549
ngreed quantity, freight on the collected wushings shall be puid ut such lower rate (provided 550
such agreed quantity of cargo has been loaded) nnd 551
(ii) if there is provision in this charter for a minimum cargo quantity which is less than u full 552
cargo, then whether or not such minimum curgo quuntity is fumished, frcight on the 553
collected wnshings shull be paid us if such minimum cargo quuntity had been furnished, 554
providcd that no freight shull be puynble in respect of any collected washings which urc kept 555
separute from the curgo and not dischnrged at the dischurge port 556

(5) Whenever Churterers require the collected washings to bc discharged ushore pursuant to this 557
Clause, Churterers shall provide and pay for the reception facilities, and the cost of any shifting therefor shull be 558
for Charterers' account Any time lost dischurging the collected washings and/or shifting therefor shull count 559
nguinst lay time or, if the vessel is on demurrage, for demurrngc 560

roVALOP 41 Owners wurrant that the vessel: 561

(1) is u tunker owned by a Participuting Owner in TOY ALOP 562
and 563
(ii) is entered in the 1'&1 Club stated in Purl I(A)(xii) 564
and will so remain during the currency of this chulter 565
When nn escape or disc113rge of Oil occurs from the vessel unci causes or thrcutens to cause Pollution 566
Dumnge, or when there is the 11neal of' an escape or disclmrgc of Oil (i e u gwve und imminent dunger of the 567
escupe or clischnrge of Oil which, if it occun'ed, would creute u serious danger of Pollution Damuge, whether or 568
not nn escupe or discharge in fact subsequently occurs), then Charterers muy, ul their option upon notice to 569
Owners or muster, undertake such meusures as nre reasonably necessary to prevent or minimise such Pollution 570
Damuge or to remove the Threut, unless Owners promptly undertakc the sume Charterers shall keep O\VllerS 571
advised of the nature and result of nny such meusures tuken by them nnd, if' time permits, the nature of' the 572
measures intended to be tnken by them Any of the aforementioned meusures taken by Chnrterers shall be 573
deemed taken on Owners' uuthority und as Owners' agents, and shal1 be ut Owners' expense except to the extent 574
that: 575
(I) uny such escape 01' dischurge or flueut was cuuscd or contributed to by Chartcrers, or 576
(2) by reason of the exceptions set out in Article Ill, paragraph 2, of the 1969 intemutionul 577
Convention on Civil liability for Oil Pollution Damage or any protocol thereto, Owners arc or, 578
hOld the said Convention upplied to such escnpe or discharge or to the Threat, would hnve becn. 579
exempt from liability for the sume, or 580
(3) the cost 01 such mel!sures together with ul1 other liubilities, costs nnd expenses of Owners urising 581
 out of or in connection with such escape or discharge or lhreat exceeds the maximum liability 582
applicable to the vessel under TOVAlOP as at the time of such escape or discharge or threat, 583
save and insofar as Ov,rners shall be entitled to recover such excess under either the 1971 584
Inlemational Convention on the Establishment of un Internationul Fund for Compensation for 585
Oil Pollution Dumage or under CRIS f AL 586

PROVIDED AL WAYS that if Ov,'Tlers in their absolute discretion consider said measures should be 587
discontinued Owners shall so notify Charterers and thereafter Charterers shall have no right to continue said 588
meusures under the provisions of this Cluuse and all further liability to Charterers under this Clause shall 589
thereupon cease 590

The above provisions are not in derogation 01 such other rights as Charterers or Owners may have under Ihis 591
charter or may otherwise have or acquire by law or any international convention or TOVAlOP 592

TIle tem "T'OVALOP" meuns the Tunker Owners' Voluntary Agreement Concerning Liability for Oil 593
Pollution dated 7th Junuury 1969, as amended from lime to time, and the term "CRISTAl" means the Contract 594
Regarding an Interim Supplement to Tanker Liability for Oil Pollution dated 14th January 1971, as amended 595
from time to time The terms "Participating Owner", "Oil" and, "Pollution Damage" shall for the pUlposes of 596
this clause have the meanings ascribed to them in 10VAlOP 597

lien 42 Owners shall hnve an absolute lien upon the cargo and all subfreights for all amounts due under this 598
chnrler and the cost of recovery thereof including any expenses whntsoever arising from the exercise of such lien 599

Law and 43 (n) fhis chmter shall be construed and the relations between the parties determined in accordance 600
litigation with the laws of England 601

(b) any dispute arising under this charter shall be decided by lhe English Comls to whose jurisdiction 602
the parties hereby agree 603

(c) Notwithstanding the foregoing, but without prejudice to any party's right to arrest or maintain 604
the arrest of any maritime property, either party may, by giving written notice of election to the other party, elect 605
to have any such dispute referred to the arbilmtion of n single arbitrator in London in accordance with the 606
plOvisions of the Atbitmtion Act 1950, or any statutory modilication or re~ennetment thereof for the time being 607
in force 608

(i) A party sha1110se its right to make such nn election only if: 609
(a) it receives from the other party a written notice of dispute which 610
(I) states expressly Ihn! a dispute has arisen out of this charter; 611
(2) specilies the nature of the dispute; and 612
(3) refers expressly to this clause 43(c) and; 613
(b) it fails to give notice of election to have the dispute referred to arbitration not later than 614
30 days from the dale of receipt of such notice of dispute 615

(ii) the parties hereby agree that either party may ~ 616
(n) appeal to the High Court on any question of' law arising out of' an award; 617
(b) apply to the High Coml for an order that the urbitrator stnte the reasons for his award; 618
(c) give notice to the arbitrator that a reasoned award is required; and 619
(d) apply to the High Court to detCfmine lilly question of law arising in the course of the 620
reference 621

(d) It shall be a condition precedent to the right of any purty to a stay of any legal proceedings in 622
which maritime property has been, or may be, arrested in connection with a dispute under this charter, that that 623
party furnishes to the other p,lrty security to which that other party would have been entitled in such legal 624
proceedings in the absence of a sluy 625

Construction 44 The side headings have been included in this charIer for convenience of reference only and shall in no 626
way affect the construction hereof 627

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