Sample Copy NYPE 2015
Sample Copy NYPE 2015
TIME CHARTER ©
New York Produce Exchange Form
November 6th, 1913 – Amended October 20th, 1921; August 6th, 1931; October 3rd, 1946;
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Revised June 12th 1981; September 14th 1993; June 3rd, 2015.
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1 THIS CHARTER PARTY, made and concluded in Click here to enter text.. this Click here to enter text..
2 day of Click here to enter text. 20 Click here to enter text.
6 *delete as applicable
7 Name: __________________
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9 Flag: _____
© 2015, the Association of Ship Brokers and Agents (U.S.A.), Inc. (ASBA).
14 This Charter Party shall be performed subject to all the terms and conditions herein consisting of this
15 main body including any additional clauses and addenda, if applicable, as well as Appendix A
16 attached hereto. In the event of any conflict of conditions, the provisions of any additional clauses and
17 Appendix A shall prevail over those of the main body to the extent of such conflict, but no further.
18 1. Duration/Trip Description
19 (a) The Owners agree to let, and the Charterers agree to hire, the Vessel from the time of delivery,
20 for Click here to enter text.. within below mentioned trading limits.
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This document is a computer generated NYPE 2015 published by BIMCO and jointly authored by ASBA, BIMCO and the SMF. Any insertion or deletion to the form must
be clearly visible. In the event of any modification being made to the pre-printed text of this document which is not clearly visible, the original BIMCO approved document
shall apply. BIMCO assumes no responsibility for any loss, damages or expenses as a result of discrepancies between the origi nal BIMCO approved document and this
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21 (b) Trading Limits - The Vessel shall be employed in such lawful trades between safe ports and
22 safe places within the following trading limits Click here to enter text.. as the Charterers shall
23 direct.
24 (c) Berths - The Vessel shall be loaded and discharged in any safe anchorage or at any safe berth
25 or safe place that the Charterers or their agents may direct, provided the Vessel can safely
26 enter, lie and depart always afloat.
27 (d) The Vessel during loading and/or discharging may lie safely aground at any safe berth or safe
28 place where it is customary for vessels of similar size, construction and type to lie at the
29 following areas/ports Click here to enter text. (if this space is left blank then this sub-clause 1(d)
30 shall not apply), if so requested by the Charterers, provided it can do so without suffering
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31 damage.
32
33 The Charterers shall indemnify the Owners for any loss, damage, costs, expenses or loss of
34 time, including any underwater inspection required by class, caused as a consequence of the
35 Vessel lying aground at the Charterers’ request.
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36 (e) Sublet - The Charterers shall have the liberty to sublet the Vessel for all or any part of the time
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37 covered by this Charter Party, but the Charterers remain responsible for the fulfillment of this
38 Charter Party.
39 2. Delivery
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40 (a) The Vessel shall be delivered to the Charterers at Click here to enter text. (state port or place).
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42 (b) The Vessel on delivery shall be seaworthy and in every way fit to be employed for the intended
43 service, having water ballast and with sufficient power to operate all cargo handling gear
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44 simultaneously, and, with full complement of Master, officers and ratings who meet the
45 Standards for Training, Certification and Watchkeeping for Seafarers (STCW) requirements for
46 a vessel of her tonnage.
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47 (c) The Vessel’s holds shall be clean and in all respects ready to receive the intended cargo, or if
48 no intended cargo, any permissible cargo:
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49 (i) On *delivery; or
50 (ii) On *arrival at first loading port if different from place of delivery. If the Vessel fails hold
inspection then the Vessel shall be off-hire from the time of rejection until the Vessel has
© 2015, the Association of Ship Brokers and Agents (U.S.A.), Inc. (ASBA).
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52 passed a subsequent inspection.
53 *(c)(i) and (c)(ii) are alternatives; delete as appropriate. If no deletion then Sub-clause (c)(i) shall
54 apply.
55 (d) The Owners shall keep the Charterers informed of the Vessel’s itinerary. Prior to the arrival of
the Vessel at the delivery port or place, the Owners shall serve the Charterers with Click here to
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56
57 enter text. days’ approximate and Click here to enter text. days’ definite notices of the Vessel’s
58 delivery. Following the tender of any such notice the Owners shall give or allow to be given to
59 the Vessel only such further employment orders, if any, as are reasonably expected when
60 given to allow delivery to occur on or before the date notified. The Owners shall give the
61 Charterers and/or their local agents notice of delivery when the Vessel is in a position to come
62 on hire.
64 (e) Acceptance of delivery of the Vessel by the Charterers shall not prejudice their rights against
65 the Owners under this Charter Party.
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This document is a computer generated NYPE 2015 published by BIMCO and jointly authored by ASBA, BIMCO and the SMF. Any insertion or deletion to the form must
be clearly visible. In the event of any modification being made to the pre-printed text of this document which is not clearly visible, the original BIMCO approved document
shall apply. BIMCO assumes no responsibility for any loss, damages or expenses as a result of discrepancies between the origi nal BIMCO approved document and this
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66 3. Laydays/Cancelling
67 If required by the Charterers, time on hire shall not commence before Click here to enter text.
68 (local time) and should the Vessel not have been delivered on or before Click here to enter text.
69 (local time) at the port or place stated in Sub-clause 2(a), the Charterers shall have the option
70 of cancelling this Charter Party at any time but not later than the day of the Vessel’s notice of
71 delivery.
72 4. Redelivery
73 (a) The Vessel shall be redelivered to the Owners in like good order and condition, ordinary wear
74 and tear excepted, at Click here to enter text. (state port or place)
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75 (b) The Charterers shall keep the Owners informed of the Vessel’s itinerary. Prior to the arrival of
76 the Vessel at the redelivery port or place, the Charterers shall serve the Owners with Click here
77 to enter text. days’ approximate and Click here to enter text. days’ definite notices of the
78 Vessel’s redelivery. Following the tender of any such notices the Charterers shall give or allow
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79 to be given to the Vessel only such further employment orders, if any, as are reasonably
80 expected when given to allow redelivery to occur on or before the date notified.
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81 (c) Acceptance of redelivery of the Vessel by the Owners shall not prejudice their rights against the
82 Charterers under this Charter Party.
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83 5. On/Off-Hire Survey
84 Prior to delivery and redelivery the parties shall, unless otherwise agreed, each appoint
85 surveyors, for their respective accounts, who shall not later than at first loading port/last
86 discharging port respectively, conduct joint on-hire/off-hire surveys, for the purpose of
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87 ascertaining the quantity of bunkers on board and the condition of the Vessel. A single report
88 shall be prepared on each occasion and signed by each surveyor, without prejudice to his right
89 to file a separate report setting forth items upon which the surveyors cannot agree.
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90 If either party fails to have a representative attend the survey and sign the joint survey report,
91 such party shall nevertheless be bound for all purposes by the findings in any report prepared
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93 Any time lost as a result of the on-hire survey shall be for the Owners’ account and any time
94 lost as a result of the off-hire survey shall be for the Charterers’ account.
© 2015, the Association of Ship Brokers and Agents (U.S.A.), Inc. (ASBA).
95 6. Owners to Provide
96 (a) The Owners shall provide and pay for the insurances of the Vessel, except as otherwise
97 provided, and for all provisions, cabin, deck, engine-room and other necessary stores, boiler
98 water and lubricating oil; shall pay for wages, consular shipping and discharging fees of the
99 crew and charges for port services pertaining to the crew/crew visas; shall maintain the
Vessel’s class and keep her in a thoroughly efficient state in hull, machinery and equipment for
Jointly authored by ASBA, BIMCO and the SMF
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101 and during the service, and have a full complement of Master, officers and ratings.
102 (b) The Owners shall provide any documentation relating to the Vessel as required to permit the
103 Vessel to trade within the agreed limits, including but not limited to International Tonnage
104 Certificate, Suez and Panama tonnage certificates, Certificates of Registry, and certificates
105 relating to the strength, safety and/or serviceability of the Vessel’s gear. Such documentation
106 shall be maintained during the currency of the Charter Party as necessary.
107 Owners shall also provide and maintain such Certificates of Financial Responsibility for oil
108 pollution to permit the Vessel to trade within the agreed limits as may be required at the
109 commencement of the Charter Party. However, in the event that, at the time of renewal, a
110 Certificate of Financial Responsibility is unavailable in the market place, or, the premium for
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This document is a computer generated NYPE 2015 published by BIMCO and jointly authored by ASBA, BIMCO and the SMF. Any insertion or deletion to the form must
be clearly visible. In the event of any modification being made to the pre-printed text of this document which is not clearly visible, the original BIMCO approved document
shall apply. BIMCO assumes no responsibility for any loss, damages or expenses as a result of discrepancies between the origi nal BIMCO approved document and this
computer generated document.
111 same increases significantly over the course of the Charter Party, then Owners and Charterers
112 shall discuss each with the other to find a mutually agreeable solution for same, failing such
113 solution the port(s) that require said Certificate of Financial Responsibility are to be considered
114 as added to the Vessel's trading exclusions. (See also Clause 18 (Pollution)).
115 (c) The Vessel to work night and day if required by the Charterers, with crew opening and closing
116 hatches, when and where required and permitted by shore labor regulations, otherwise shore
117 labor for same shall be for the Charterers’ account.
119 (a) The Charterers, while the Vessel is on-hire, shall provide and pay for all the bunkers except as
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120 otherwise agreed; shall pay for port charges (including compulsory garbage disposal),
121 compulsory gangway watchmen and cargo watchmen, compulsory and/or customary pilotages,
122 canal dues, towages, agencies, commissions, consular charges (except those pertaining to
123 individual crew members or flag of the Vessel), and all other usual expenses except those
124 stated in Clause 6, but when the Vessel puts into a port for causes for which the Vessel is
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125 responsible (other than by stress of weather), then all such charges incurred shall be paid by
126 the Owners.
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127 (b) Fumigations ordered because of illness of the crew or for infestations prior to delivery under
128 this Charter Party shall be for the Owners’ account. Fumigations ordered because of cargoes
129 carried or ports visited while the Vessel is employed under this Charter Party shall be for the
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130 Charterers’ account.
131 (c) The Charterers shall provide and pay for necessary dunnage, lashing materials and also any
132 extra fittings requisite for a special trade or unusual cargo, but the Owners shall allow them the
133 use of any dunnage already aboard the Vessel. Prior to redelivery the Charterers shall remove
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134 their dunnage, fittings and lashing materials at their cost and in their time.
136 (a) Subject to Clause 38 (Slow Steaming) the Master shall perform the voyages with due despatch
137 and shall render all customary assistance with the Vessel’s crew. The Master shall be
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138 conversant with the English language and (although appointed by the Owners) shall be under
139 the orders and directions of the Charterers as regards employment and agency; and the
140 Charterers shall perform all cargo handling, including but not limited to loading, stowing,
141 trimming, lashing, securing, dunnaging, unlashing, discharging, and tallying, at their risk and
expense, under the supervision of the Master.
© 2015, the Association of Ship Brokers and Agents (U.S.A.), Inc. (ASBA).
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143 (b) If the Charterers shall have reasonable cause to be dissatisfied with the conduct of the Master
144 or officers, the Owners shall, on receiving particulars of the complaint, investigate the same,
145 and, if necessary, make a change in appointments.
146 9. Bunkers
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148 *(i) The Charterers on delivery, and the Owners on redelivery or any termination of this Charter
149 Party, shall take over and pay for all bunkers remaining on board the Vessel as hereunder. The
150 Vessel’s bunker tank capacities shall be at the Charterers’ disposal. Bunker quantities and
151 prices on delivery /redelivery to be Click here to enter text..
152 *(ii) The Owners shall provide sufficient bunkers onboard to perform the entire time charter trip.
153 The Charterers shall not bunker the Vessel, and shall pay with the first hire payment for the
154 mutually agreed estimated bunker consumption for the trip, namely Click here to enter text.
155 metric tons at Click here to enter text. (price). Upon redelivery any difference between estimated
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This document is a computer generated NYPE 2015 published by BIMCO and jointly authored by ASBA, BIMCO and the SMF. Any insertion or deletion to the form must
be clearly visible. In the event of any modification being made to the pre-printed text of this document which is not clearly visible, the original BIMCO approved document
shall apply. BIMCO assumes no responsibility for any loss, damages or expenses as a result of discrepancies between the origi nal BIMCO approved document and this
computer generated document.
156 and actual consumption shall be paid by the Charterers or refunded by the Owners as the case
157 may be.
158 *(iii) The Charterers shall not take over and pay for bunkers Remaining On Board at delivery
159 but shall redeliver the Vessel with about the same quantities and grades of bunkers as on
160 delivery. Any difference between the delivery quantity and the redelivery quantity shall be paid
161 by the Charterers or the Owners as the case may be. The price of the bunkers shall be the net
162 contract price paid by the receiving party, as evidenced by suppliers’ invoice or other
163 supporting documents.
164 *(i), (ii) and (iii) are alternatives; delete as applicable. If neither Sub-clause (i), (ii) nor (iii) is
165 deleted then Sub-clause (i) shall apply.
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167 Provided that it can be accomplished at ports of call, without hindrance to the working or
168 operation of or delay to the Vessel, and subject to prior consent, which shall not be
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169 unreasonably withheld, the Owners shall allow the Charterers to bunker for their account prior
170 to delivery and the Charterers shall allow the Owners to bunker for their account prior to
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171 redelivery. If consent is given, the party ordering the bunkering shall indemnify the other party
172 for any delays, losses, costs and expenses arising therefrom.
178 (ii) During bunkering a primary sample of each grade of fuels shall be drawn in accordance with
179 the International Maritime Organization (IMO) Resolution Marine Environment Protection
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180 Committee (MEPC) MEPC.182(59) Guidelines for the Sampling of Fuel Oil for Determination of
181 Compliance with the Marine Pollution Convention (MARPOL) 73/78 Annex VI or any
182 subsequent amendments thereof. Each primary sample shall be divided into no fewer than five
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183 (5) samples; one sample of each grade of fuel shall be retained on board for MARPOL
184 purposes and the remaining samples of each grade distributed between the Owners, the
185 Charterers and the bunker suppliers.
(iii) The Charterers warrant that any bunker suppliers used by them to bunker the Vessel shall
© 2015, the Association of Ship Brokers and Agents (U.S.A.), Inc. (ASBA).
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187 comply with the provisions of Sub-clause (c)(ii) above.
188 (iv) Bunkers of different grades, specifications and/or suppliers shall be segregated into
189 separate tanks within the Vessel’s natural segregation. The Owners shall not be held liable for
190 any restriction in bunker capacity as a result of segregating bunkers as aforementioned.
191
192 (i) The Charterers shall supply bunkers of the agreed specifications and grades: Click here to
193 enter text. The bunkers shall be of a stable and homogeneous nature and suitable for burning in
194 the Vessel’s engines and/or auxiliaries and, unless otherwise agreed in writing, shall comply
195 with the International Organization for Standardization (ISO) standard 8217:2012 or any
196 subsequent amendments thereof. If ISO 8217:2012 is not available then the Charterers shall
197 supply bunkers which comply with the latest ISO 8217 standard available at the port or place of
198 bunkering.
199 (ii) The Charterers shall be liable for any loss or damage to the Owners or the Vessel caused
200 by the supply of unsuitable fuels and/or fuels which do not comply with the specifications and/or
201 grades set out in Sub-clause (d)(i) above, including the off-loading of unsuitable fuels and the
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This document is a computer generated NYPE 2015 published by BIMCO and jointly authored by ASBA, BIMCO and the SMF. Any insertion or deletion to the form must
be clearly visible. In the event of any modification being made to the pre-printed text of this document which is not clearly visible, the original BIMCO approved document
shall apply. BIMCO assumes no responsibility for any loss, damages or expenses as a result of discrepancies between the origi nal BIMCO approved document and this
computer generated document.
202 supply of fresh fuels to the Vessel. The Owners shall not be held liable for any reduction in the
203 Vessel’s speed performance and/or increased bunker consumption nor for any time lost and
204 any other consequences arising as a result of such supply.
206 Should the Owners participate in a recognized fuel testing program one of the samples retained
207 by the Owners shall be forwarded for such testing. The cost of same shall be borne by the
208 Owners and if the results of the testing show the fuel not to be in compliance with ISO
209 8217:2012, or any subsequent amendment thereof, or such other specification as may be
210 agreed, the Owners shall notify the Charterers and provide a copy of the report as soon as
211 reasonably possible.
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212 In the event the Charterers call into question the results of the testing, a fuel sample drawn in
213 accordance with IMO Resolution MEPC.96(47) Guidelines for the Sampling of Fuel Oil for
214 Determination of Compliance with Annex VI of MARPOL 73/78 or any subsequent amendments
215 thereof, shall be sent to a mutually agreed, qualified and independent laboratory whose
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216 analysis as regards the characteristics of the fuel shall be final and binding on the parties
217 concerning the characteristics tested for. If the fuel sample is found not to be in compliance with
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218 the specification as agreed in the paragraph above, the Charterers shall meet the cost of this
219 analysis, otherwise same shall be for the Owners’ account.
225 The Charterers also warrant that any bunker suppliers, bunker craft operators and bunker
226 surveyors used by the Charterers to supply such bunkers shall comply with Regulations 14 and
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227 18 of MARPOL Annex VI, including the Guidelines in respect of sampling and the provision of
228 bunker delivery notes.
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229 The Charterers shall indemnify, defend and hold harmless the Owners in respect of any loss,
230 liability, delay, fines, costs or expenses arising or resulting from the Charterers' failure to
231 comply with this Sub-clause (f)(i).
(ii) Provided always that the Charterers have fulfilled their obligations in respect of the supply of
© 2015, the Association of Ship Brokers and Agents (U.S.A.), Inc. (ASBA).
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233 fuels in accordance with Sub-clause (f)(i), the Owners warrant that:
234 1. the Vessel shall comply with Regulations 14 and 18 of MARPOL Annex VI and with the
235 requirements of any emission control area; and
236 2. the Vessel shall be able to consume fuels of the required sulphur content,
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237 when ordered by the Charterers to trade within any such area.
238 Subject to having supplied the Vessel with fuels in accordance with Sub-clause (f)(i), the
239 Charterers shall not otherwise bear any loss, liability, delay, fines, costs or expenses arising or
240 resulting from the Vessel’s failure to comply with Regulations 14 and 18 of MARPOL Annex VI.
241 (iii) For the purpose of this Clause, "emission control area" shall mean an area as stipulated in
242 MARPOL Annex VI and/or an area regulated by regional and/or national authorities such as,
243 but not limited to, the European Union (EU) and the United States (US) Environmental
244 Protection Agency.
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This document is a computer generated NYPE 2015 published by BIMCO and jointly authored by ASBA, BIMCO and the SMF. Any insertion or deletion to the form must
be clearly visible. In the event of any modification being made to the pre-printed text of this document which is not clearly visible, the original BIMCO approved document
shall apply. BIMCO assumes no responsibility for any loss, damages or expenses as a result of discrepancies between the origi nal BIMCO approved document and this
computer generated document.
245 (g) Grades and Quantities of Bunkers on Redelivery
246 Unless agreed otherwise, the Vessel shall be redelivered with the same grades and about the
247 same quantities of bunkers as on delivery; however, the grades and quantities of bunkers on
248 redelivery shall always be appropriate and sufficient to allow the Vessel to reach safely the
249 nearest port at which fuels of the required types are available.
250 10. Rate of Hire; Hold Cleaning; Communications; Victualing and Expenses
251 (a) The Charterers shall pay for the use and hire of the said Vessel at the rate of Click here to enter
252 text. per day or pro rata for any part of a day, commencing on and from the time of her delivery,
253 as aforesaid, including the overtime of crew; hire to continue until the time of her redelivery to
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255 Unless otherwise mutually agreed, the Charterers shall have the option to redeliver the Vessel
256 with unclean/unswept holds against a lumpsum payment of Click here to enter text. in lieu of
257 hold cleaning, to the Owners (unless Vessel lost).
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258 The Owners shall victual pilots and such other persons as authorized by the Charterers or their
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259 agents. While on-hire, the Charterers shall pay the Owners along with the hire payments, Click
260 here to enter text. per thirty (30) days or pro rata, to cover all Communications, Victualing and
261 Expenses properly incurred by the Vessel under the Charterers’ employment.
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262 For the purpose of hire calculations, the times of delivery, redelivery or termination of this
263 Charter Party shall be adjusted to Coordinated Universal Time (UTC).
265 (i) The Charterers may request the Owners to direct the crew to sweep and/or wash and/or
266 clean the holds between voyages and/or between cargoes against payment at the rate of Click
267 here to enter text. per hold, provided the crew is able safely to undertake such work and is
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268 allowed to do so by local regulations. In connection with any such operation the Owners shall
269 not be responsible if the Vessel's holds are not accepted or passed. Time for cleaning shall be
270 for the Charterers’ account.
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271 (ii) Unless this Charter Party is concluded for a single laden leg, all cleaning agents and
272 additives (including chemicals and detergents) required for cleaning cargo holds shall be
273 supplied and paid for by the Charterers. The Charterers shall provide the Owners with a dated
and signed statement identifying cleaning agents and additives that, in accordance with IMO
© 2015, the Association of Ship Brokers and Agents (U.S.A.), Inc. (ASBA).
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275 Resolution 219(63) Guidelines for the Implementation of MARPOL Annex V, are not
276 substances harmful to the marine environment and do not contain any component known to be
277 carcinogenic, mutagenic or reprotoxic.
278 (iii) Throughout the currency of this Charter Party and at redelivery, the Charterers shall remain
279 responsible for all costs and time, including deviation, if any, associated with the removal and
disposal of cargo related residues and/or hold washing water and/or cleaning agents and
Jointly authored by ASBA, BIMCO and the SMF
280
281 detergents and/or waste. Removal and disposal as aforesaid shall always be in accordance
282 with and as defined by MARPOL Annex V, or other applicable rules.
285 Payment of Hire shall be made without deductions due to Charterers’ bank charges so as to be
286 received by the Owners or their designated payee into the bank account as follows Click here to
287 enter text. in the currency stated in Clause 10 (Rate of Hire; Hold Cleaning; Communications;
288 Victualing and Expenses), in funds available to the Owners on the due date, fifteen (15) days in
289 advance, and for the last fifteen (15) days or part of same the approximate amount of hire, and
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This document is a computer generated NYPE 2015 published by BIMCO and jointly authored by ASBA, BIMCO and the SMF. Any insertion or deletion to the form must
be clearly visible. In the event of any modification being made to the pre-printed text of this document which is not clearly visible, the original BIMCO approved document
shall apply. BIMCO assumes no responsibility for any loss, damages or expenses as a result of discrepancies between the origi nal BIMCO approved document and this
computer generated document.
290 should the same not cover the actual time, hire shall be paid for the balance day by day as it
291 becomes due, if so required by the Owners. The first payment of hire shall be due on delivery.
293 Where there is failure to make punctual payment of hire due, the Charterers shall be given by
294 the Owners three (3) Banking Days (as recognized at the agreed place of payment) written
295 notice to rectify the failure, and when so rectified within those three (3) Banking Days (as
296 recognized at the agreed place of payment and the place of currency of the Charter Party)
297 following the Owners’ notice, the payment shall stand as punctual.
299 Failure by the Charterers to pay hire due in full within three (3) Banking Days of their receiving
300 a notice from Owners under Sub-clause 11(b) above shall entitle the Owners, without prejudice
301 to any other rights or claims the Owners may have against the Charterers:
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302 (i) to withdraw the Vessel from the service of the Charterers;
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303 (ii) to damages, if they withdraw the Vessel, for the loss of the remainder of the Charter Party.
312 Should the Vessel be on her voyage towards port/place of redelivery at the time the last
313 payment(s) of hire is/are due, said payment(s) is/are to be made for such length of time as the
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314 estimated time necessary to complete the voyage, including the deduction of estimated
315 disbursements for the Owners’ account before redelivery. Should said payments not cover the
316 actual time, hire is to be paid for the balance, day by day, as it becomes due.
© 2015, the Association of Ship Brokers and Agents (U.S.A.), Inc. (ASBA).
317 Unless Sub-clause 9(a)(ii) or (iii) has been agreed, the Charterers shall have the right to deduct
318 the value of bunkers on redelivery from last sufficient hire payment(s).
319 When the Vessel has been redelivered, any difference in hire and bunkers is to be refunded by
320 the Owners or paid by the Charterers within five (5) Banking Days, as the case may be.
322 Cash for the Vessel’s ordinary disbursements at any port may be advanced by the Charterers,
323 as required by the Owners, subject to two and a half (2.5) per cent commission and such
324 advances shall be deducted from the hire. The Charterers, however, shall in no way be
325 responsible for the application of such advances.
327 (a) Upon delivery and throughout the duration of this Charter Party the Vessel shall be capable of
328 speed and daily consumption rates as stated in Appendix A in good weather on all sea
329 passages with wind up to and including Force four (4) as per the Beaufort Scale and sea state
330 up to and including Sea State three (3) as per the Douglas Sea Scale (unless otherwise
331 specified in Appendix A). Any period during which the Vessel’s speed is deliberately reduced to
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This document is a computer generated NYPE 2015 published by BIMCO and jointly authored by ASBA, BIMCO and the SMF. Any insertion or deletion to the form must
be clearly visible. In the event of any modification being made to the pre-printed text of this document which is not clearly visible, the original BIMCO approved document
shall apply. BIMCO assumes no responsibility for any loss, damages or expenses as a result of discrepancies between the origi nal BIMCO approved document and this
computer generated document.
332 comply with the Charterers’ orders/requirements (unless slow steaming or eco speed
333 warranties have been given in Appendix A) or for reasons of safety or while navigating within
334 narrow or restricted waters or when assisting a vessel in distress or when saving or attempting
335 to save life or property at sea, shall be excluded from performance calculations.
336 (b) The Charterers shall have the option of using their preferred weather routing service. The
337 Master shall comply with the reporting procedure of the Charterers’ weather routing service and
338 shall follow routing recommendations from that service provided that the safety of the Vessel
339 and/or cargo is not compromised.
340 (c) The actual route taken by the Vessel shall be used as the basis of any calculation of the
341 Vessel's performance.
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342 (d) If the speed of the Vessel is reduced and/or fuel oil consumption increased, the Charterers may
343 submit to the Owners a documented claim limited to the estimated time lost and/or the
344 additional fuel consumed, supported by a performance analysis from the weather routing
345 service established in accordance with this Clause. The cost of any time lost shall be off-set
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346 against the cost of any fuel saved and vice versa.
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347 (e) In the event that the Owners contest such claim then the Owners shall provide copies of the
348 Vessel's deck logs for the period concerned and the matter shall be referred to an independent
349 expert or alternative weather service selected by mutual agreement, whose report shall take
350 Vessel’s log data and the Charterers’ weather service data into consideration and whose
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351 determination shall be final and binding on the parties. The cost of such expert report shall be
352 shared equally.
354 (a) The whole reach of the Vessel’s holds, decks, and other cargo spaces (not more than she can
355 reasonably and safely stow and carry), also accommodation for supercargo, if carried, shall be
356 at the Charterers’ disposal, reserving only proper and sufficient space for the Vessel’s Master,
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357 officers, ratings, tackle, apparel, furniture, provisions, stores and bunkers.
358 (b) In the event of deck cargo being carried, the Owners are to be and are hereby indemnified by
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359 the Charterers for any loss and/or damage and/or liability of whatsoever nature howsoever
360 caused to the deck cargo which would not have arisen had the deck cargo not been loaded.
361 Bills of Lading shall be issued as per Clause 31(c).
14. Supercargo
© 2015, the Association of Ship Brokers and Agents (U.S.A.), Inc. (ASBA).
362
363 The Charterers are entitled to appoint a supercargo, who shall accompany the Vessel at the
364 Charterers’ risk and see that voyages are performed with due despatch. He is to be furnished
365 with free accommodation and meals same as provided for the Master’s table. The Charterers
366 and the supercargo are required to sign the standard letter of waiver and indemnity
367 recommended by the Vessel’s Protection and Indemnity Association before the supercargo
368 comes on board the Vessel.
Jointly authored by ASBA, BIMCO and the SMF
370 The Charterers shall furnish the Master from time to time with all requisite instructions and
371 sailing directions, in writing, in the English language, and the Master shall keep full and correct
372 deck and engine logs of the voyage or voyages, which are to be patent to the Charterers or
373 their agents, and shall furnish the Charterers, their agents or supercargo, when required, with a
374 true copy of such deck and engine logs, showing the course of the Vessel, distance run and the
375 consumption of bunkers. Any log extracts required by the Charterers shall be in the English
376 language.
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be clearly visible. In the event of any modification being made to the pre-printed text of this document which is not clearly visible, the original BIMCO approved document
shall apply. BIMCO assumes no responsibility for any loss, damages or expenses as a result of discrepancies between the origi nal BIMCO approved document and this
computer generated document.
377 16. Cargo Exclusions
378 The Vessel shall be employed in carrying lawful merchandise, excluding any goods of a
379 dangerous, injurious, flammable or corrosive nature unless carried in accordance with the
380 requirements or recommendations of the competent authorities of the country of the Vessel’s
381 registry, and of ports of loading and discharge, and of any intermediate countries or ports
382 through whose waters the Vessel must pass. Without prejudice to the generality of the
383 foregoing in addition the following are specifically excluded: livestock of any description, arms,
384 ammunition, explosives, nuclear and radioactive material, Click here to enter text..
386 In the event of loss of time from deficiency and/or default and/or strike of officers or ratings, or
387 deficiency of stores, fire, breakdown of, or damage to hull, machinery or equipment, grounding,
388 detention by the arrest of the Vessel, (unless such arrest is caused by events for which the
389 Charterers, their sub-charterers, servants, agents or sub-contractors are responsible), or
390 detention by Port State control or other competent authority for Vessel deficiencies, or
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391 detention by average accidents to the Vessel or cargo, unless resulting from inherent vice,
392 quality or defect of the cargo, drydocking for the purpose of examination, cleaning and/or
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393 painting of underwater parts and/or repair, or by any other similar cause preventing the full
394 working of the Vessel, the payment of hire and overtime, if any, shall cease for the time thereby
395 lost. Should the Vessel deviate or put back during a voyage, contrary to the orders or directions
396 of the Charterers, for any reason other than accident to the cargo or where permitted in Clause
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397 22 (Liberties) hereunder, the hire to be suspended from the time of her deviating or putting
398 back until she is again in the same or equidistant position from the destination and the voyage
399 resumed therefrom. All bunkers used by the Vessel while off-hire shall be for the Owners’
400 account. In the event of the Vessel being driven into port or to anchorage through stress of
401 weather, trading to shallow harbors or to rivers or ports with bars, any detention of the Vessel
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402 and/or expenses resulting from such detention shall be for the Charterers’ account. If upon the
403 voyage the speed be reduced by defect in, or breakdown of, any part of her hull, machinery or
404 equipment, the time so lost, and the cost of any extra bunkers consumed in consequence
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405 thereof, and all extra proven expenses may be deducted from the hire. Bunkers used by the
406 Vessel while off-hire and the cost of replacing same shall be for the Owners’ account and
407 therefore deducted from the hire.
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409 The Owners shall provide for standard oil pollution coverage equal to the level customarily
offered by the International Group of P&I Clubs, together with the appropriate certificates to that
© 2015, the Association of Ship Brokers and Agents (U.S.A.), Inc. (ASBA).
410
411 effect. (See also Clause 6 (Owners to Provide)).
413 The Vessel was last drydocked Click here to enter text..
Jointly authored by ASBA, BIMCO and the SMF
414 Except in case of emergency or under Clause 52(b), no drydocking shall take place during the
415 currency of this Charter Party.
417 Should the Vessel be lost, money paid in advance and not earned (reckoning from the date of
418 loss or being last heard of) shall be returned to the Charterers at once.
420 The act of God, enemies, fire, restraint of princes, rulers and people, and all dangers and
421 accidents of the seas, rivers, machinery, boilers and navigation, and errors of navigation
422 throughout this Charter Party, always mutually excepted.
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be clearly visible. In the event of any modification being made to the pre-printed text of this document which is not clearly visible, the original BIMCO approved document
shall apply. BIMCO assumes no responsibility for any loss, damages or expenses as a result of discrepancies between the origi nal BIMCO approved document and this
computer generated document.
423 22. Liberties
424 The Vessel shall have the liberty to sail with or without pilots, to tow and be towed, to assist
425 vessels in distress, and to deviate for the purpose of saving life and property.
427 The Owners shall have a lien upon all cargoes, sub-hires and sub-freights (including
428 deadfreight and demurrage) belonging or due to the Charterers or any sub-charterers, for any
429 amounts due under this Charter Party, including general average contributions, and the
430 Charterers shall have a lien on the Vessel for all monies paid in advance and not earned, and
431 any overpaid hire or excess deposit to be returned at once.
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432 The Charterers will not directly or indirectly suffer, nor permit to be continued, any lien or
433 encumbrance, which might have priority over the title and interest of the Owners in the Vessel.
434 The Charterers undertake that during the period of this Charter Party, they will not procure any
435 supplies or necessaries or services, including any port expenses and bunkers, on the credit of
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436 the Owners.
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437 24. Salvage
438 All derelicts and salvage shall be for the Owners’ and the Charterers’ equal benefit after
439 deducting the Owners’ and the Charterers’ expenses and crew’s proportion.
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440 25. General Average
441 General average shall be adjusted according to York-Antwerp Rules 1994 and settled in US
442 dollars in the same place as stipulated in Clause 54 (Law and Arbitration). The Charterers shall
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443 procure that all bills of lading issued during the currency of this Charter Party will contain a
444 provision to the effect that general average shall be adjusted according to York-Antwerp Rules
445 1994 and will include the “New Jason Clause” as per Clause 33(c). Time charter hire will not
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448 Nothing herein stated is to be construed as a demise of the Vessel to the Charterers. The
449 Owners shall remain responsible for the navigation of the Vessel, acts of pilots and tug boats,
450 insurance, crew, and all other matters, same as when trading for their own account.
© 2015, the Association of Ship Brokers and Agents (U.S.A.), Inc. (ASBA).
452 Cargo claims as between the Owners and the Charterers shall be settled in accordance with
453 the Inter-Club NYPE Agreement 1996 (as amended 1 September 2011), or any subsequent
454 modification or replacement thereof.
Jointly authored by ASBA, BIMCO and the SMF
456 The Owners shall maintain the cargo handling gear of the Vessel providing lifting capacity as
457 described in Appendix A (Vessel Description). The Owners shall also provide on the Vessel for
458 night work lights as on board, but all additional lights over those on board shall be at the
459 Charterers’ expense. The Charterers shall have the use of any cargo handling gear on board
460 the Vessel. If required by the Charterers, the Vessel shall work night and day and all cargo
461 handling gear shall be at the Charterers’ disposal during loading and discharging. In the event
462 of disabled cargo handling gear, or insufficient power to operate the same, the Vessel is to be
463 considered to be off-hire to the extent that time is actually lost to the Charterers and the
464 Owners to pay stevedore stand-by charges occasioned thereby, unless such disablement or
465 insufficiency of power is caused by the Charterers’ stevedores. If required by the Charterers,
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be clearly visible. In the event of any modification being made to the pre-printed text of this document which is not clearly visible, the original BIMCO approved document
shall apply. BIMCO assumes no responsibility for any loss, damages or expenses as a result of discrepancies between the origi nal BIMCO approved document and this
computer generated document.
466 the Owners shall bear the cost of hiring shore gear in lieu thereof, in which case the Vessel
467 shall remain on-hire, except for actual time lost.
469 (a) The Charterers shall provide appropriate information on the cargo in advance of loading in
470 accordance with the requirements of the IMO International Maritime Solid Bulk Cargoes
471 (IMSBC) Code to enable the precautions which may be necessary for proper stowage and safe
472 carriage to be put into effect. The information shall be accompanied by a cargo declaration
473 summarising the main details and stating that the cargo is fully and accurately described and
474 that, where applicable, the test results and other specifications can be considered as
475 representative for the cargo to be loaded.
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476 (b) If a cargo listed in the IMO International Maritime Dangerous Goods (IMDG) Code (website:
477 www.imo.org) is agreed to be carried, the Charterers shall provide a dangerous goods transport
478 document and, where applicable, a container/vehicle packing certificate in accordance with the
479 IMDG Code requirements. The dangerous goods transport document shall include a certificate
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480 or declaration that the goods are fully and accurately described by the Proper Shipping Name,
481 are classified, packaged, marked and labelled/placarded correctly and are in all respects in
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482 proper condition for transport according to applicable international and national government
483 regulations.
484 (c) The Master shall be entitled to refuse cargoes or, if already loaded, to unload them at the
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485 Charterers’ risk and expense if the Charterers fail to fulfil their IMSBC Code or IMDG Code
486 obligations as applicable.
487 30. BIMCO Hull Fouling Clause for Time Charter Parties
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488 (a) If, in accordance with the Charterers’ orders, the Vessel remains at or shifts within a place,
489 anchorage and/or berth for an aggregated period exceeding:
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490 (i) a period as the parties may agree in writing in a Tropical Zone or Seasonal Tropical Zone*;
491 or
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492 (ii) a period as the parties may agree in writing outside such Zones*
493 any warranties concerning speed and consumption shall be suspended pending inspection of
494 the Vessel’s underwater parts including, but not limited to, the hull, sea chests, rudder and
propeller.
© 2015, the Association of Ship Brokers and Agents (U.S.A.), Inc. (ASBA).
495
496 *If no such periods are agreed the default periods shall be 15 days.
497 (b) In accordance with Sub-clause (a), either party may call for inspection which shall be arranged
498 jointly by the Owners and the Charterers and undertaken at the Charterers’ risk, cost, expense
499 and time.
Jointly authored by ASBA, BIMCO and the SMF
500 (c) If, as a result of the inspection either party calls for cleaning of any of the underwater parts,
501 such cleaning shall be undertaken by the Charterers at their risk, cost, expense and time in
502 consultation with the Owners.
503 (i) Cleaning shall always be under the supervision of the Master and, in respect of the
504 underwater hull coating, in accordance with the paint manufacturers’ recommended guidelines
505 on cleaning, if any. Such cleaning shall be carried out without damage to the Vessel’s
506 underwater parts or coating.
507 (ii) If, at the port or place of inspection, cleaning as required under this Sub-clause (c) is not
508 permitted or possible, or if the Charterers choose to postpone cleaning, speed and
509 consumption warranties shall remain suspended until such cleaning has been completed.
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be clearly visible. In the event of any modification being made to the pre-printed text of this document which is not clearly visible, the original BIMCO approved document
shall apply. BIMCO assumes no responsibility for any loss, damages or expenses as a result of discrepancies between the origi nal BIMCO approved document and this
computer generated document.
510 (iii) If, despite the availability of suitable facilities and equipment, the Owners nevertheless
511 refuse to permit cleaning, the speed and consumption warranties shall be reinstated from the
512 time of such refusal.
513 (d) Cleaning in accordance with this Clause shall always be carried out prior to redelivery. If,
514 nevertheless, the Charterers are prevented from carrying out such cleaning, the parties shall,
515 prior to but latest on redelivery, agree a lump sum payment in full and final settlement of the
516 Owners’ costs and expenses arising as a result of or in connection with the need for cleaning
517 pursuant to this Clause.
518 (e) If the time limits set out in Sub-clause (a) have been exceeded but the Charterers thereafter
519 demonstrate that the Vessel’s performance remains within the limits of this Charter Party the
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520 vessel’s speed and consumption warranties will be subsequently reinstated and the Charterers’
521 obligations in respect of inspection and/or cleaning shall no longer be applicable.
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523 (a) The Master shall sign bills of lading or waybills for cargo as presented in conformity with mates’
524 receipts. However, the Charterers or their agents may sign bills of lading or waybills on behalf
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525 of the Master, with the Owners’/Master’s prior written authority, always in conformity with mates’
526 receipts.
527 (b) All bills of lading or waybills shall be without prejudice to this Charter Party and the Charterers
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528 shall indemnify the Owners against all consequences or liabilities which may arise from any
529 inconsistency between this Charter Party and any bills of lading or waybills signed by the
530 Charterers or their agents or by the Master at their request.
531 (c) Bills of lading covering deck cargo shall be claused: “Shipped on deck at the Charterers’,
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532 Shippers’ and Receivers’ risk, expense and responsibility, without liability on the part of the
533 Vessel or her Owners for any loss, damage, expense or delay howsoever caused.”
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535 (a) At the Charterers’ option, bills of lading, waybills and delivery orders referred to in this Charter
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536 Party shall be issued, signed and transmitted in electronic form with the same effect as their
537 paper equivalent.
538 (b) For the purpose of Sub-clause (a) the Owners shall subscribe to and use Electronic (Paperless)
Trading Systems as directed by the Charterers, provided such systems are approved by the
© 2015, the Association of Ship Brokers and Agents (U.S.A.), Inc. (ASBA).
539
540 International Group of P&I Clubs. Any fees incurred in subscribing to or for using such systems
541 shall be for the Charterers’ account.
542 (c) The Charterers agree to hold the Owners harmless in respect of any additional liability arising
543 from the use of the systems referred to in Sub-clause (b), to the extent that such liability does
544 not arise from Owners’ negligence.
Jointly authored by ASBA, BIMCO and the SMF
546 The following protective clauses shall be deemed to form part of this Charter Party and all Bills
547 of Lading or waybills issued under this Charter Party shall contain the following clauses.
548
549 (a) General Clause Paramount
550 This bill of lading shall have effect subject to the provisions of the Carriage of Goods by Sea
551 Act of the United States, the Hague Rules, or the Hague Visby Rules, as applicable, or such
552 other similar national legislation as may mandatorily apply by virtue of origin or destination of
553 the bill of lading, (or if no such enactments are mandatorily applicable, the terms of the Hague
554 Rules shall apply) which shall be deemed to be incorporated herein, and nothing herein
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be clearly visible. In the event of any modification being made to the pre-printed text of this document which is not clearly visible, the original BIMCO approved document
shall apply. BIMCO assumes no responsibility for any loss, damages or expenses as a result of discrepancies between the origi nal BIMCO approved document and this
computer generated document.
555 contained shall be deemed a surrender by the carrier of any of its rights or immunities or an
556 increase of any of its responsibilities or liabilities under said Act. If any term of this bill of lading
557 be repugnant to said Act to any extent, such term shall be void to that extent, but no further.
558 and
560 “If the ship comes into collision with another ship as a result of the negligence of the other ship
561 and any act, neglect or default of the master, mariner, pilot or the servants of the carrier in the
562 navigation or in the management of the ship, the owners of the goods carried hereunder will
563 indemnify the carrier against all loss or liability to the other or non-carrying ship or her owners
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564 insofar as such loss or liability represents loss of, or damage to, or any claim whatsoever of the
565 owners of said goods, paid or payable by the other or non-carrying ship or her owners to the
566 owners of said goods and set-off, recouped or recovered by the other or non-carrying ship or
567 her owners as part of their claim against the carrying ship or carrier.
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568 The foregoing provisions shall also apply where the owners, operators or those in charge of
569 any ships or objects other than, or in addition to, the colliding ships or objects are at fault in
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570 respect to a collision or contact.”
571 and
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572 (c) New Jason Clause
573 “In the event of accident, danger, damage or disaster before or after the commencement of the
574 voyage, resulting from any cause whatsoever, whether due to negligence or not, for which, or
575 for the consequences of which, the carrier is not responsible, by statute, contract, or otherwise,
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576 the goods, shippers, consignees, or owners of the goods shall contribute with the carrier in
577 general average to the payment of any sacrifices, losses or expenses of a general average
578 nature that may be made or incurred, and shall pay salvage and special charges incurred in
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579 respect of the goods. If a salving ship is owned or operated by the carrier, salvage shall be paid
580 for as fully as if salving ship or ships belonged to strangers. Such deposit as the carrier or his
581 agents may deem sufficient to cover the estimated contribution of the goods and any salvage
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582 and special charges thereon shall, if required, be made by the goods, shippers, consignees or
583 owners of the goods to the Carrier before delivery.”
586 (i) “Owners” shall include the shipowners, bareboat charterers, disponent owners, managers or
587 other operators who are charged with the management of the Vessel, and the Master; and
588 (ii) “War Risks” shall include any actual, threatened or reported:
Jointly authored by ASBA, BIMCO and the SMF
589 war, act of war, civil war or hostilities; revolution; rebellion; civil commotion; warlike operations;
590 laying of mines; acts of piracy and/or violent robbery and/or capture/seizure (hereinafter
591 “Piracy”); acts of terrorists; acts of hostility or malicious damage; blockades (whether imposed
592 against all vessels or imposed selectively against vessels of certain flags or ownership, or
593 against certain cargoes or crews or otherwise howsoever), by any person, body, terrorist or
594 political group, or the government of any state or territory whether recognized or not, which, in
595 the reasonable judgement of the Master and/or the Owners, may be dangerous or may become
596 dangerous to the Vessel, cargo, crew or other persons on board the Vessel.
597 (b) The Vessel shall not be obliged to proceed or required to continue to or through, any port,
598 place, area or zone, or any waterway or canal (hereinafter “Area”), where it appears that the
599 Vessel, cargo, crew or other persons on board the Vessel, in the reasonable judgement of the
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This document is a computer generated NYPE 2015 published by BIMCO and jointly authored by ASBA, BIMCO and the SMF. Any insertion or deletion to the form must
be clearly visible. In the event of any modification being made to the pre-printed text of this document which is not clearly visible, the original BIMCO approved document
shall apply. BIMCO assumes no responsibility for any loss, damages or expenses as a result of discrepancies between the origi nal BIMCO approved document and this
computer generated document.
600 Master and/or the Owners, may be exposed to War Risks whether such risk existed at the time
601 of entering into this Charter Party or occurred thereafter. Should the Vessel be within any such
602 place as aforesaid, which only becomes dangerous, or may become dangerous, after entry into
603 it, the Vessel shall be at liberty to leave it.
604 (c) The Vessel shall not be required to load contraband cargo, or to pass through any blockade as
605 set out in Sub-clause (a), or to proceed to an Area where it may be subject to search and/or
606 confiscation by a belligerent.
607 (d) If the Vessel proceeds to or through an Area exposed to War Risks, the Charterers shall
608 reimburse to the Owners any additional premiums required by the Owners' insurers and the
609 costs of any additional insurances that the Owners reasonably require in connection with War
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610 Risks.
611 (e) All payments arising under Sub-clause (d) shall be settled within fifteen (15) days of receipt of
612 Owners’ supported invoices or on redelivery, whichever occurs first.
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613 (f) If the Owners become liable under the terms of employment to pay to the crew any bonus or
614 additional wages in respect of sailing into an Area which is dangerous in the manner defined by
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615 the said terms, then the actual bonus or additional wages paid shall be reimbursed to the
616 Owners by the Charterers at the same time as the next payment of hire is due, or upon
617 redelivery, whichever occurs first.
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618 (g) The Vessel shall have liberty:
619 (i) to comply with all orders, directions, recommendations or advice as to departure, arrival,
620 routes, sailing in convoy, ports of call, stoppages, destinations, discharge of cargo, delivery, or
621 in any other way whatsoever, which are given by the government of the nation under whose
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622 flag the Vessel sails, or other government to whose laws the Owners are subject, or any other
623 government of any state or territory whether recognized or not, body or group whatsoever
624 acting with the power to compel compliance with their orders or directions;
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625 (ii) to comply with the requirements of the Owners’ insurers under the terms of the Vessel’s
626 insurance(s);
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627 (iii) to comply with the terms of any resolution of the Security Council of the United Nations, the
628 effective orders of any other Supranational body which has the right to issue and give the
629 same, and with national laws aimed at enforcing the same to which the Owners are subject,
and to obey the orders and directions of those who are charged with their enforcement;
© 2015, the Association of Ship Brokers and Agents (U.S.A.), Inc. (ASBA).
630
631 (iv) to discharge at any alternative port any cargo or part thereof which may expose the Vessel
632 to being held liable as a contraband carrier;
633 (v) to call at any alternative port to change the crew or any part thereof or other persons on
634 board the Vessel when there is reason to believe that they may be subject to internment,
imprisonment, detention or similar measures.
Jointly authored by ASBA, BIMCO and the SMF
635
636 (h) If in accordance with their rights under the foregoing provisions of this Clause, the Owners shall
637 refuse to proceed to the loading or discharging ports, or any one or more of them, they shall
638 immediately inform the Charterers. No cargo shall be discharged at any alternative port without
639 first giving the Charterers notice of the Owners’ intention to do so and requesting them to
640 nominate a safe port for such discharge. Failing such nomination by the Charterers within forty-
641 eight (48) hours of the receipt of such notice and request, the Owners may discharge the cargo
642 at any safe port of their own choice. All costs, risk and expenses for the alternative discharge
643 shall be for the Charterers’ account.
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This document is a computer generated NYPE 2015 published by BIMCO and jointly authored by ASBA, BIMCO and the SMF. Any insertion or deletion to the form must
be clearly visible. In the event of any modification being made to the pre-printed text of this document which is not clearly visible, the original BIMCO approved document
shall apply. BIMCO assumes no responsibility for any loss, damages or expenses as a result of discrepancies between the origi nal BIMCO approved document and this
computer generated document.
644 (i) The Charterers shall indemnify the Owners for claims arising out of the Vessel proceeding in
645 accordance with any of the provisions of Sub-clauses (b) to (h) which are made under any bills
646 of lading, waybills or other documents evidencing contracts of carriage.
647 (j) When acting in accordance with any of the provisions of Sub-clauses (b) to (h) of this Clause
648 anything is done or not done, such shall not be deemed a deviation, but shall be considered as
649 due fulfilment of this Charter Party.
651 The Vessel shall not be obliged to force ice but, subject to the Owners’ prior approval having
652 due regard to its size, construction and class, may follow ice-breakers. The Vessel shall not be
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653 required to enter or remain in any icebound port or area, nor any port or area where lights or
654 lightships have been or are about to be withdrawn by reason of ice, nor where there is risk that
655 in the ordinary course of things the Vessel will not be able on account of ice to safely enter and
656 remain in the port or area or to get out after having completed loading or discharging.
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657 36. Requisition
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658 Should the Vessel be requisitioned by the government of the Vessel’s flag or other government
659 to whose laws the Owners are subject during the period of this Charter Party, the Vessel shall
660 be deemed to be off-hire during the period of such requisition, and any hire paid by the said
661 government in respect of such requisition period shall be retained by Owners. The period
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662 during which the Vessel is on requisition to the said government shall count as part of the
663 period provided for in this Charter Party.
664 If the period of requisition exceeds ninety (90) days, either party shall have the option of
665 cancelling this Charter Party and no consequential claim in respect thereof may be made by
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668 Notwithstanding anything contained herein to the contrary, the Charterers shall pay for any and
669 all damage to the Vessel caused by stevedores provided the Master has notified the Charterers
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670 and/or their agents in writing within twenty-four (24) hours of the occurrence but in case of
671 hidden damage latest when the damage could have been discovered by the exercise of due
672 diligence. Such notice to describe the damage and to invite Charterers to appoint a surveyor to
673 assess the extent of such damage.
© 2015, the Association of Ship Brokers and Agents (U.S.A.), Inc. (ASBA).
674 (a) In case of any and all damage affecting the Vessel’s seaworthiness and/or the safety of the
675 crew and/or affecting the trading capabilities of the Vessel, the Charterers shall immediately
676 arrange for repairs of such damage at their expense and the Vessel is to remain on-hire until
677 such repairs are completed and if required passed by the Vessel’s classification society.
678 (b) Any and all damage not described under Sub-clause (a) above shall be repaired, at the
Charterers’ option, before or after redelivery concurrently with the Owners’ work. In such case
Jointly authored by ASBA, BIMCO and the SMF
679
680 no hire and/or expenses will be paid to the Owners except and insofar as the time and/or
681 expenses required for the repairs for which the Charterers are responsible, exceed the time
682 and/or expenses necessary to carry out the Owners’ work.
684 (a) The Charterers may at their discretion provide, in writing to the Master, instructions to reduce
685 speed or Revolutions Per Minute (main engine RPM) and/or instructions to adjust the Vessel’s
686 speed to meet a specified time of arrival at a particular destination.
687 (i) *Slow Steaming – Where the Charterers give instructions to the Master to adjust the speed
688 or RPM, the Master shall, subject always to the Master’s obligations in respect of the safety of
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This document is a computer generated NYPE 2015 published by BIMCO and jointly authored by ASBA, BIMCO and the SMF. Any insertion or deletion to the form must
be clearly visible. In the event of any modification being made to the pre-printed text of this document which is not clearly visible, the original BIMCO approved document
shall apply. BIMCO assumes no responsibility for any loss, damages or expenses as a result of discrepancies between the origi nal BIMCO approved document and this
computer generated document.
689 the Vessel, crew and cargo and the protection of the marine environment, comply with such
690 written instructions, provided that the engine(s) continue(s) to operate above the cut-out point
691 of the Vessel's engine(s) auxiliary blower(s) and that such instructions will not result in the
692 Vessel’s engine(s) and/or equipment operating outside the manufacturers’/designers’
693 recommendations as published from time to time.
694 (ii) *Ultra-Slow Steaming – Where the Charterers give instructions to the Master to adjust the
695 speed or RPM, regardless of whether this results in the engine(s) operating above or below the
696 cut-out point of the Vessel's engine(s) auxiliary blower(s), the Master shall, subject always to
697 the Master’s obligations in respect of the safety of the Vessel, crew and cargo and the
698 protection of the marine environment, comply with such written instructions, provided that such
699 instructions will not result in the Vessel’s engine(s) and/or equipment operating outside the
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705 *Sub-clauses (a)(i) and (a)(ii) are alternatives; delete whichever is not applicable. In the
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706 absence of deletions, alternative (a)(i) shall apply.
707 (b) At all speeds the Owners shall exercise due diligence to ensure that the Vessel is operated in a
708 manner which minimises fuel consumption, always taking into account and subject to the
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709 following:
710 (i) the Owners’ warranties under this Charter Party relating to the Vessel’s speed and
711 consumption;
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712 (ii) the Charterers’ instructions as to the Vessel’s speed and/or RPM and/or specified time of
713 arrival at a particular destination;
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714 (iii) the safety of the Vessel, crew and cargo and the protection of the marine environment; and
715 (iv) the Owners’ obligations under any bills of lading, waybills or other documents evidencing
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717 (c) For the purposes of Sub-clause (b), the Owners shall exercise due diligence to minimise fuel
718 consumption:
© 2015, the Association of Ship Brokers and Agents (U.S.A.), Inc. (ASBA).
719 (i) when planning voyages, adjusting the Vessel’s trim and operating main engine(s) and
720 auxiliary engine(s);
721 (ii) by making optimal use of the Vessel’s navigation equipment and any additional aids
722 provided by the Charterers, such as weather routing, voyage optimization and performance
723 monitoring systems; and
Jointly authored by ASBA, BIMCO and the SMF
724 (iii) by directing the Master to report any data that the Charterers may reasonably request to
725 further improve the energy efficiency of the Vessel.
726 (d) The Owners and the Charterers shall share any findings and best practices that they may have
727 identified on potential improvements to the Vessel’s energy efficiency.
728 (e) For the avoidance of doubt, where the Vessel proceeds at a reduced speed or with reduced
729 RPM pursuant to Sub-clause (a), then provided that the Master has exercised due diligence to
730 comply with such instructions, this shall constitute compliance with, and there shall be no
731 breach of, any obligation requiring the Vessel to proceed with utmost and/or due despatch (or
732 any other such similar/equivalent expression).
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This document is a computer generated NYPE 2015 published by BIMCO and jointly authored by ASBA, BIMCO and the SMF. Any insertion or deletion to the form must
be clearly visible. In the event of any modification being made to the pre-printed text of this document which is not clearly visible, the original BIMCO approved document
shall apply. BIMCO assumes no responsibility for any loss, damages or expenses as a result of discrepancies between the origi nal BIMCO approved document and this
computer generated document.
733 (f) The Charterers shall procure that this Clause be incorporated into all sub-charters and
734 contracts of carriage issued pursuant to this Charter Party. The Charterers shall indemnify the
735 Owners against all consequences and liabilities that may arise from bills of lading, waybills or
736 other documents evidencing contracts of carriage being issued as presented to the extent that
737 the terms of such bills of lading, waybills or other documents evidencing contracts of carriage
738 impose or result in breach of the Owners’ obligation to proceed with due despatch or are to be
739 held to be a deviation or the imposition of more onerous liabilities upon the Owners than those
740 assumed by the Owners pursuant to this Clause.
741 39. BIMCO Piracy Clause for Time Charter Parties 2013
742 (a) The Vessel shall not be obliged to proceed or required to continue to or through, any port,
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743 place, area or zone, or any waterway or canal (hereinafter “Area”) which, in the reasonable
744 judgement of the Master and/or the Owners, is dangerous to the Vessel, her cargo, crew or
745 other persons on board the Vessel due to any actual, threatened or reported acts of piracy
746 and/or violent robbery and/or capture/seizure (hereinafter “Piracy”), whether such risk existed at
747 the time of entering into this Charter Party or occurred thereafter. Should the Vessel be within
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748 any such place as aforesaid which only becomes dangerous, or may become dangerous, after
749 her entry into it, she shall be at liberty to leave it.
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750 (b) If in accordance with Sub-clause (a) the Owners decide that the Vessel shall not proceed or
751 continue to or through the Area they must immediately inform the Charterers. The Charterers
752 shall be obliged to issue alternative voyage orders and shall indemnify the Owners for any
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753 claims from holders of the Bills of Lading caused by waiting for such orders and/or the
754 performance of an alternative voyage. Any time lost as a result of complying with such orders
755 shall not be considered off-hire.
756 (c) If the Owners consent or if the Vessel proceeds to or through an Area exposed to the risk of
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758 (i) to take reasonable preventative measures to protect the Vessel, crew and cargo including
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759 but not limited to re-routeing within the Area, proceeding in convoy, using escorts, avoiding day
760 or night navigation, adjusting speed or course, or engaging security personnel and/or deploying
761 equipment on or about the Vessel (including embarkation/disembarkation);
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762 (ii) to comply with underwriters’ requirements under the terms of the Vessel’s insurance(s);
763 (iii) to comply with all orders, directions, recommendations or advice given by the Government
of the Nation under whose flag the Vessel sails, or other Government to whose laws the
© 2015, the Association of Ship Brokers and Agents (U.S.A.), Inc. (ASBA).
764
765 Owners are subject, or any other Government, body or group (including military authorities)
766 whatsoever acting with the power to compel compliance with their orders or directions; and
767 (iv) to comply with the terms of any resolution of the Security Council of the United Nations, the
768 effective orders of any other Supranational body which has the right to issue and give the
769 same, and with national laws aimed at enforcing the same to which the Owners are subject,
770 and to obey the orders and directions of those who are charged with their enforcement;
Jointly authored by ASBA, BIMCO and the SMF
771 and the Charterers shall indemnify the Owners for any claims from holders of Bills of Lading or
772 third parties caused by the Vessel proceeding as aforesaid, save to the extent that such claims
773 are covered by additional insurance as provided in Sub-clause (d)(iii).
775 (i) if the Vessel proceeds to or through an Area where due to risk of Piracy additional costs will
776 be incurred including but not limited to additional personnel and preventative measures to avoid
777 Piracy, such reasonable costs shall be for the Charterers’ account. Any time lost waiting for
778 convoys, following recommended routeing, timing, or reducing speed or taking measures to
779 minimise risk, shall be for the Charterers’ account and the Vessel shall remain on hire;
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be clearly visible. In the event of any modification being made to the pre-printed text of this document which is not clearly visible, the original BIMCO approved document
shall apply. BIMCO assumes no responsibility for any loss, damages or expenses as a result of discrepancies between the origi nal BIMCO approved document and this
computer generated document.
780 (ii) if the Owners become liable under the terms of employment to pay to the crew any bonus or
781 additional wages in respect of sailing into an area which is dangerous in the manner defined by
782 the said terms, then the actual bonus or additional wages paid shall be reimbursed to the
783 Owners by the Charterers;
784 (iii) if the Vessel proceeds to or through an Area exposed to the risk of Piracy, the Charterers
785 shall reimburse to the Owners any additional premiums required by the Owners' insurers and
786 the costs of any additional insurances that the Owners reasonably require in connection with
787 Piracy risks which may include but not be limited to War Loss of Hire and/or maritime Kidnap
788 and Ransom (K&R); and
789 (iv) all payments arising under Sub-clause (d) shall be settled within fifteen (15) days of receipt
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791 (e) If the Vessel is attacked by pirates any time lost shall be for the account of the Charterers and
792 the Vessel shall remain on hire.
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793 (f) If the Vessel is seized by pirates the Owners shall keep the Charterers closely informed of the
794 efforts made to have the Vessel released. The Vessel shall remain on hire throughout the
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795 seizure and the Charterers’ obligations shall remain unaffected, except that hire payments shall
796 cease as of the ninety-first (91st) day after the seizure until release. The Charterers shall pay
797 hire, or if the Vessel has been redelivered, the equivalent of Charter Party hire, for any time lost
798 in making good any damage and deterioration resulting from the seizure. The Charterers shall
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799 not be liable for late redelivery under this Charter Party resulting from the seizure of the Vessel.
800 (g) If in compliance with this Clause anything is done or not done, such shall not be deemed a
801 deviation, but shall be considered as due fulfilment of this Charter Party. In the event of a
802 conflict between the provisions of this Clause and any implied or express provision of the
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805 Charterers are to pay all local, State, National taxes and/or dues assessed on the Vessel or the
806 Owners resulting from the Charterers’ orders herein, whether assessed during or after the
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807 currency of this Charter Party including any taxes and/or dues on cargo and/or freights and/or
808 sub-freights and/or hire (excluding taxes levied by the country of the flag of the Vessel or the
809 Owners). In the event the Owners/Vessel/her flag state are exempt from any taxes, the Owners
810 shall seek such exemption and filing costs for such exemption, if any, shall be for the
Charterers’ account and no charge for such taxes shall be assessed to the Charterers.
© 2015, the Association of Ship Brokers and Agents (U.S.A.), Inc. (ASBA).
811
813 In the event of the Vessel being delayed or rendered inoperative by strikes, labor stoppages or
814 boycotts or any other difficulties arising from the Vessel’s ownership, crew or terms of
815 employment of the crew of the chartered Vessel or any other vessel under the same ownership,
816 operation and control, any time lost is to be considered off-hire. The Owners guarantee that on
Jointly authored by ASBA, BIMCO and the SMF
817 delivery the minimum terms and conditions of employment of the crew of the Vessel are in
818 accordance with the International Labour Organization Maritime Labour Convention (MLC)
819 2006, and will remain so throughout the duration of this Charter Party.
821 (a) If stowaways have gained access to the Vessel by means of secreting away in the goods
822 and/or containers or by any other means related to the cargo operation, this shall amount to
823 breach of this Charter Party. The Charterers shall be liable for the consequences of such
824 breach and hold the Owners harmless and keep them indemnified against all claims; costs
825 (including but not limited to victualing costs for stowaways whilst on board and repatriation);
826 losses; and fines or penalties, which may arise and be made against them. The Charterers
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This document is a computer generated NYPE 2015 published by BIMCO and jointly authored by ASBA, BIMCO and the SMF. Any insertion or deletion to the form must
be clearly visible. In the event of any modification being made to the pre-printed text of this document which is not clearly visible, the original BIMCO approved document
shall apply. BIMCO assumes no responsibility for any loss, damages or expenses as a result of discrepancies between the origi nal BIMCO approved document and this
computer generated document.
827 shall, if required, place the Owners in funds to put up bail or other security. The Vessel shall
828 remain on hire for any time lost as a result of such breach.
829 (b) Save for those stowaways referred to in Sub-clause (a), if stowaways have gained access to
830 the Vessel this shall amount to a breach of this Charter Party. The Owners shall be liable for
831 the consequences of such breach and hold the Charterers harmless and keep them
832 indemnified against all claims; costs; losses; and fines or penalties, which may arise and be
833 made against them. The Vessel shall be off-hire for any time lost as a result of such breach.
835 (a) In the event of smuggling by the Master, other Officers and/or ratings, this shall amount to a
Printed by BIMCO’s IDEA2
836 breach of this Charter Party. The Owners shall be liable for the consequences of such breach
837 and hold the Charterers harmless and keep them indemnified against all claims, costs, losses,
838 and fines and penalties which may arise and be made against them. The Vessel shall be off-
839 hire for any time lost as a result of such breach.
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840 (b) If unmanifested narcotic drugs and/or any other illegal substances are found secreted in the
841 goods and/or containers or by any other means related to the cargo operation, this shall
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842 amount to a breach of this Charter Party. The Charterers shall be liable for the consequences
843 of such breach and hold the Owners, Master, officers and ratings of the Vessel harmless and
844 keep them indemnified against all claims, costs, losses, and fines and penalties which may
845 arise and be made against them individually or jointly. The Charterers shall, if required, place
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846 the Owners in funds to put up bail or other security. The Vessel shall remain on hire for any
847 time lost as a result of such breach.
849 During the duration of this Charter Party, the Owners shall procure that both the Vessel and
850 “the Company” (as defined by the ISM Code) shall comply with the requirements of the ISM
851 Code. Upon request the Owners shall provide a copy of the relevant Document of Compliance
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852 (DOC) and Safety Management Certificate (SMC) to the Charterers. Except as otherwise
853 provided in this Charter Party, loss, damage, expense or delay caused by failure on the part of
854 the Owners or “the Company” to comply with the ISM Code shall be for the Owners’ account.
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855 45. International Ship and Port Facility Security Code (ISPS Code)/Maritime Transportation
856 Security Act (MTSA)
(a) (i) The Owners shall comply with the requirements of the ISPS and the relevant amendments to
© 2015, the Association of Ship Brokers and Agents (U.S.A.), Inc. (ASBA).
857
858 Chapter XI of Safety of Life at Sea (SOLAS) (ISPS Code) relating to the Vessel and “the
859 Company” (as defined by the ISPS Code). If trading to or from the US or passing through US
860 waters, the Owners shall also comply with the requirements of the MTSA relating to the Vessel
861 and the “Owner” (as defined by the MTSA).
862 (ii) Upon request the Owners shall provide the Charterers with a copy of the relevant
863 International Ship Security Certificate (ISSC) (or the interim ISSC) and the full style contact
Jointly authored by ASBA, BIMCO and the SMF
865 (iii) Loss, damages, expense or delay (excluding consequential loss, damages, expense or
866 delay) caused by failure on the part of the Owners or “the Company”/“Owner” to comply with
867 the requirements of the ISPS Code/MTSA or this Clause shall be for the Owners’ account,
868 except as otherwise provided in this Charter Party.
869 (b) (i) The Charterers shall provide the Owners and the Master with their full style contact details
870 and, upon request, any other information the Owners require to comply with the ISPS
871 Code/MTSA. Where sub-letting is permitted under the terms of this Charter Party, the
872 Charterers shall ensure that the contact details of all sub-charterers are likewise provided to the
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This document is a computer generated NYPE 2015 published by BIMCO and jointly authored by ASBA, BIMCO and the SMF. Any insertion or deletion to the form must
be clearly visible. In the event of any modification being made to the pre-printed text of this document which is not clearly visible, the original BIMCO approved document
shall apply. BIMCO assumes no responsibility for any loss, damages or expenses as a result of discrepancies between the origi nal BIMCO approved document and this
computer generated document.
873 Owners and the Master. Furthermore, the Charterers shall ensure that all sub-charter parties
874 they enter into during the period of this Charter Party contain the following provision:
875 “The Charterers shall provide the Owners with their full style contact details and, where sub-
876 letting is permitted under the terms of the charter party, shall ensure that contact details of all
877 sub-charterers are likewise provided to the Owners”.
878 (ii) Loss, damages, expense or delay (excluding consequential loss, damages, expense or
879 delay) caused by failure on the part of the Charterers to comply with this Clause shall be for the
880 Charterers’ account, except as otherwise provided in this Charter Party.
881 (c) Notwithstanding anything else contained in this Charter Party all delay, costs or expenses
Printed by BIMCO’s IDEA2
882 whatsoever arising out of or related to security regulations or measures required by the port
883 facility or any relevant authority in accordance with the ISPS Code/MTSA including, but not
884 limited to, security guards, launch services, vessel escorts, security fees or taxes and
885 inspections, shall be for the Charterers’ account, unless such costs or expenses result solely
886 from the negligence of the Owners, Master or crew or the previous trading of the Vessel, the
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887 nationality of the crew, crew visas, the Vessel’s flag or the identity of the Owners’ managers. All
888 measures required by the Owners to comply with the Ship Security Plan shall be for the
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889 Owners’ account.
890 (d) If either party makes any payment which is for the other party’s account according to this
891 Clause, the other party shall indemnify the paying party.
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892 46. Sanctions
893 (a) The Owners shall not be obliged to comply with any orders for the employment of the Vessel in
894 any carriage, trade or on a voyage which, in the reasonable judgement of the Owners, will
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895 expose the Vessel, Owners, managers, crew, the Vessel’s insurers, or their re-insurers, to any
896 sanction or prohibition imposed by any State, Supranational or International Governmental
897 Organization.
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898 (b) If the Vessel is already performing an employment to which such sanction or prohibition is
899 subsequently applied, the Owners shall have the right to refuse to proceed with the
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900 employment and the Charterers shall be obliged to issue alternative voyage orders within forty-
901 eight (48) hours of receipt of the Owners’ notification of their refusal to proceed. If the
902 Charterers do not issue such alternative voyage orders the Owners may discharge any cargo
903 already loaded at any safe port (including the port of loading). The Vessel to remain on hire
pending completion of the Charterers’ alternative voyage orders or delivery of cargo by the
© 2015, the Association of Ship Brokers and Agents (U.S.A.), Inc. (ASBA).
904
905 Owners and the Charterers to remain responsible for all additional costs and expenses incurred
906 in connection with such orders/delivery of cargo. If in compliance with this Sub-clause (b)
907 anything is done or not done, such shall not be deemed a deviation.
908 (c) The Charterers shall indemnify the Owners against any and all claims whatsoever brought by
909 the owners of the cargo and/or the holders of Bills of Lading and/or sub-charterers against the
910 Owners by reason of the Owners’ compliance with such alternative voyage orders or delivery of
Jointly authored by ASBA, BIMCO and the SMF
912 (d) The Charterers shall procure that this Clause shall be incorporated into all sub-charters issued
913 pursuant to this Charter Party.
915 (a) The provisions of this clause shall apply in relation to any sanction, prohibition or restriction
916 imposed on any specified persons, entities or bodies including the designation of specified
917 vessels or fleets under United Nations Resolutions or trade or economic sanctions, laws or
918 regulations of the European Union or the United States of America.
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be clearly visible. In the event of any modification being made to the pre-printed text of this document which is not clearly visible, the original BIMCO approved document
shall apply. BIMCO assumes no responsibility for any loss, damages or expenses as a result of discrepancies between the origi nal BIMCO approved document and this
computer generated document.
919 (b) The Owners and the Charterers respectively warrant for themselves (and in the case of any
920 sublet, the Charterers further warrant in respect of any sub-charterers, shippers, receivers, or
921 cargo interests) that at the date of this fixture and throughout the duration of this Charter Party
922 they are not subject to any of the sanctions, prohibitions, restrictions or designation referred to
923 in Sub-clause (a) which prohibit or render unlawful any performance under this Charter Party or
924 any sublet or any Bills of Lading. The Owners further warrant that the nominated vessel, or any
925 substitute, is not a designated vessel.
926 (c) If at any time during the performance of this Charter Party either party becomes aware that the
927 other party is in breach of warranty as aforesaid, the party not in breach shall comply with the
928 laws and regulations of any Government to which that party or the Vessel is subject, and follow
929 any orders or directions which may be given by any body acting with powers to compel
Printed by BIMCO’s IDEA2
930 compliance, including where applicable the Owners’ flag State. In the absence of any such
931 orders, directions, laws or regulations, the party not in breach may, in its option, terminate the
932 Charter Party forthwith or, if cargo is on board, direct the Vessel to any safe port of that party’s
933 choice and there discharge the cargo or part thereof.
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934 (d) If, in compliance with the provisions of this Clause, anything is done or is not done, such shall
935 not be deemed a deviation but shall be considered due fulfilment of this Charter Party.
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936 (e) Notwithstanding anything in this Clause to the contrary, the Owners or the Charterers shall not
937 be required to do anything which constitutes a violation of the laws and regulations of any State
938 to which either of them is subject.
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939 (f) The Owners or the Charterers shall be liable to indemnify the other party against any and all
940 claims, losses, damage, costs and fines whatsoever suffered by the other party resulting from
941 any breach of warranty as aforesaid.
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942 (g) The Charterers shall procure that this Clause is incorporated into all sub-charters, contracts of
943 carriage and Bills of Lading issued pursuant to this Charter Party.
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944 48. BIMCO North American Advance Cargo Notification Clause for Time Charter Parties
945 (a) If the Vessel loads or carries cargo destined for the US or Canada or passing through US or
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946 Canadian ports in transit, the Charterers shall comply with the current US Customs regulations
947 (19 CFR 4.7) or the Canada Border Services Agency regulations (Memorandum D3-5-2) or any
948 subsequent amendments thereto and shall undertake the role of carrier for the purposes of
949 such regulations and shall, in their own name, time and expense:
© 2015, the Association of Ship Brokers and Agents (U.S.A.), Inc. (ASBA).
950 (i) have in place a Standard Carrier Alpha Code (SCAC)/Canadian Customs Carrier Code;
951 (ii) for US trade, have in place an International Carrier Bond (ICB);
952 (iii) provide the Owners with a timely confirmation of (i) and (ii) above as appropriate; and
(iv) submit a cargo declaration by Automated Manifest System (AMS) to the US Customs or by
Jointly authored by ASBA, BIMCO and the SMF
953
954 ACI Automated Commercial Information (ACI) to the Canadian customs, and provide the
955 Owners at the same time with a copy thereof.
956 (b) The Charterers assume liability for and shall indemnify, defend and hold harmless the Owners
957 against any loss and/or damage whatsoever (including consequential loss and/or damage)
958 and/or any expenses, fines, penalties and all other claims of whatsoever nature, including but
959 not limited to legal costs, arising from the Charterers’ failure to comply with any of the
960 provisions of Sub-clause (a). Should such failure result in any delay then, notwithstanding any
961 provision in this Charter Party to the contrary, the Vessel shall remain on hire.
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be clearly visible. In the event of any modification being made to the pre-printed text of this document which is not clearly visible, the original BIMCO approved document
shall apply. BIMCO assumes no responsibility for any loss, damages or expenses as a result of discrepancies between the origi nal BIMCO approved document and this
computer generated document.
962 (c) If the Charterers' ICB is used to meet any penalties, duties, taxes or other charges which are
963 solely the responsibility of the Owners, the Owners shall promptly reimburse the Charterers for
964 those amounts.
965 (d) The assumption of the role of carrier by the Charterers pursuant to this Clause and for the
966 purpose of the US Customs Regulations (19 CFR 4.7) shall be without prejudice to the identity
967 of carrier under any bill of lading, other contract, law or regulation.
968 49. BIMCO U.S. Census Bureau Mandatory Automated Export System (AES) Clause for Time
969 Charter Parties
970 (a) If the Vessel loads cargo in any US port or place, the Charterers shall comply with the current
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971 US Census Bureau Regulations (15 CFR 30) or any subsequent amendments thereto and shall
972 undertake the role of carrier for the purposes of such regulations and shall, in their own name,
973 time and expense:
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975 (ii) have in place an ICB (International Carrier Bond);
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976 (iii) provide the Owners with a timely confirmation of (i) and (ii) above; and
977 (iv) submit an export ocean manifest by Automated Export System (AES) to the US Census
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978 Bureau and provide the Owners at the same time with a copy thereof.
979 (b) The Charterers assume liability for and shall indemnify, defend and hold harmless the Owners
980 against any loss and/or damage whatsoever (including consequential loss and/or damage)
981 and/or any expenses, fines, penalties and all other claims of whatsoever nature, including but
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982 not limited to legal costs, arising from the Charterers’ failure to comply with any of the
983 provisions of Sub-clause (a). Should such failure result in any delay then, notwithstanding any
984 provision in this Charter Party to the contrary, the Vessel shall remain on hire.
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985 (c) If the Charterers' ICB is used to meet any penalties, duties, taxes or other charges which are
986 solely the responsibility of the Owners, the Owners shall promptly reimburse the Charterers for
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988 (d) The assumption of the role of carrier by the Charterers pursuant to this Clause and for the
989 purpose of the US Census Bureau Regulations (15 CFR 30) shall be without prejudice to the
© 2015, the Association of Ship Brokers and Agents (U.S.A.), Inc. (ASBA).
990 identity of carrier under any bill of lading, other contract, law or regulation.
991 50. BIMCO EU Advance Cargo Declaration Clause for Time Charter Parties 2012
992 (a) If the Vessel loads cargo in any EU port or place destined for a port or place outside the EU
993 (“Exported”) or loads cargo outside the EU destined for an EU port or place or passing through
994 EU ports or places in transit (“Imported”), the Charterers shall, for the purposes of this Clause,
comply with the requirements of the EU Advance Cargo Declaration Regulations (the Security
Jointly authored by ASBA, BIMCO and the SMF
995
996 Amendment to the Community Customs Code, Regulations 648/2005; 1875/2006; and
997 312/2009) or any subsequent amendments thereto and shall, in their own name, and in their
998 time and at their expense:
999 (i) have in place an Economic Operator Registration and Identification (EORI) number;
1000 (ii) provide the Owners with a timely confirmation of (i) above as appropriate; and
1002 1. Exported: Submit, or arrange for the submission of, a customs declaration for export or, if a
1003 customs declaration or a re-export notification is not required, an exit summary declaration; or
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be clearly visible. In the event of any modification being made to the pre-printed text of this document which is not clearly visible, the original BIMCO approved document
shall apply. BIMCO assumes no responsibility for any loss, damages or expenses as a result of discrepancies between the origi nal BIMCO approved document and this
computer generated document.
1004 2. Imported: Submit, or arrange for the submission of, an entry summary declaration.
1005 Unless otherwise permitted by the relevant customs authorities, such declarations shall be
1006 submitted to them electronically.
1007 (b) The Charterers assume liability for and shall indemnify, defend and hold harmless the Owners
1008 against any loss and/or damage and/or any expenses, fines, penalties and all other claims of
1009 whatsoever nature, including but not limited to legal costs, arising from the Charterers’ failure to
1010 comply with any of the provisions of Sub-clause (a). Should such failure result in any delay
1011 then, notwithstanding any provision in this Charter Party to the contrary, the Vessel shall
1012 remain on hire.
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1014 If ballast water exchanges are required by any coastal state where the vessel is trading, the
1015 Owners/Master shall comply with same at the Charterers’ time, risk, and expense.
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1016 52. Period Applicable Clauses
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1017 If the minimum period of this Charter Party exceeds five (5) months, the following Sub-clauses
1018 shall apply:
1019 (a) Should the Vessel at the expiry of the described employment period be on a ballast voyage to
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1020 the place of redelivery or on a laden voyage, reasonably expected to be completed within the
1021 employment period when commenced, the Charterers shall have the use of the Vessel on the
1022 same conditions and at the same rate or the prevailing market rate, whichever is higher, for any
1023 extended time as may be necessary for the completion of the last voyage of the Vessel to the
1024 place of redelivery.
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1026 The Owners shall have the option to place the Vessel in drydock during the currency of this
1027 Charter Party at a convenient time and place, to be mutually agreed upon between the Owners
1028 and the Charterers, for bottom cleaning and painting and/or repair as required by class or
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1031 The Charterers to have the option of adding any time the Vessel is off-hire to the Charter
1032 period. Such option shall be declared in writing not less than one (1) month before the expected
1033 date of redelivery, or latest one (1) week after the event if such event occurs less than one (1)
1034 month before the expected date of redelivery.
1036 The Charterers shall have the privilege of flying their own house flag and painting the Vessel
1037 with their own markings. The Vessel shall be repainted in the Owners’ colors before termination
1038 of the Charter Party. Cost and time of painting, maintaining and repainting those changes
1039 effected by the Charterers shall be for the Charterers’ account.
1041 A commission of Click here to enter text. per cent is payable by the Vessel and the Owners to
1042 Click here to enter text. on hire earned and paid under this Charter Party, and also upon any
1043 continuation or extension of this Charter Party.
1044 An address commission of Click here to enter text. per cent on the hire earned shall be
1045 deducted by the Charterers on payment of the hire earned under this Charter Party.
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This document is a computer generated NYPE 2015 published by BIMCO and jointly authored by ASBA, BIMCO and the SMF. Any insertion or deletion to the form must
be clearly visible. In the event of any modification being made to the pre-printed text of this document which is not clearly visible, the original BIMCO approved document
shall apply. BIMCO assumes no responsibility for any loss, damages or expenses as a result of discrepancies between the origi nal BIMCO approved document and this
computer generated document.
1046 54. Law and Arbitration
1047 *(a) New York. This Charter Party shall be governed by United States maritime law. Any dispute
1048 arising out of or in connection with this Charter Party shall be referred to three persons at New
1049 York, one to be appointed by each of the parties hereto, and the third by the two so chosen.
1050 The award of the arbitrators or any two of them shall be final, and for the purposes of enforcing
1051 any award, judgment may be entered on an award by any court of competent jurisdiction. The
1052 proceedings shall be conducted in accordance with the rules of the Society of Maritime
1053 Arbitrators, Inc. (SMA) current at the time this Charter Party was entered into.
1054 In cases where neither the claim nor any counter claim exceeds the sum of US$ 100,000 (or
1055 such other sum as the parties may agree), the arbitration shall be conducted before a sole
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1056 arbitrator in accordance with the Shortened Arbitration Procedure of the SMA current at the
1057 time this Charter Party was entered into. (www.smany.org).
1058 *(b) London. This Charter Party shall be governed by and construed in accordance with English
1059 law and any dispute arising out of or in connection with this Charter Party shall be referred to
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1060 arbitration in London in accordance with the Arbitration Act 1996 or any statutory modification
1061 or re-enactment thereof save to the extent necessary to give effect to the provisions of this
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1062 Clause.
1063 The arbitration shall be conducted in accordance with the London Maritime Arbitrators
1064 Association (LMAA) Terms current at the time when the arbitration proceedings are
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1065 commenced.
1066 The reference shall be to three arbitrators. A party wishing to refer a dispute to arbitration shall
1067 appoint its arbitrator and send notice of such appointment in writing to the other party requiring
1068 the other party to appoint its own arbitrator within fourteen (14) calendar days of that notice and
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1069 stating that it will appoint its arbitrator as sole arbitrator unless the other party appoints its own
1070 arbitrator and gives notice that it has done so within the fourteen (14) days specified. If the
1071 other party does not appoint its own arbitrator and give notice that it has done so within the
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1072 fourteen (14) days specified, the party referring a dispute to arbitration may, without the
1073 requirement of any further prior notice to the other party, appoint its arbitrator as sole arbitrator
1074 and shall advise the other party accordingly. The award of a sole arbitrator shall be binding on
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1076 Nothing herein shall prevent the parties agreeing in writing to vary these provisions to provide
1077 for the appointment of a sole arbitrator.
© 2015, the Association of Ship Brokers and Agents (U.S.A.), Inc. (ASBA).
1078 In cases where neither the claim nor any counterclaim exceeds the sum of US$ 100,000 (or
1079 such other sum as the parties may agree) the arbitration shall be conducted in accordance with
1080 the LMAA Small Claims Procedure current at the time when the arbitration proceedings are
1081 commenced. (www.lmaa.org.uk)
1082 *(c) Singapore. This Charter Party shall be governed by and construed in accordance with
1083 Singapore**/English** law.
Jointly authored by ASBA, BIMCO and the SMF
1084 Any dispute arising out of or in connection with this Charter Party, including any question
1085 regarding its existence, validity or termination shall be referred to and finally resolved by
1086 arbitration in Singapore in accordance with the Singapore International Arbitration Act (Chapter
1087 143A) and any statutory modification or re-enactment thereof save to the extent necessary to
1088 give effect to the provisions of this Clause.
1089 The arbitration shall be conducted in accordance with the Arbitration Rules of the Singapore
1090 Chamber of Maritime Arbitration (SCMA) current at the time when the arbitration proceedings
1091 are commenced.
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be clearly visible. In the event of any modification being made to the pre-printed text of this document which is not clearly visible, the original BIMCO approved document
shall apply. BIMCO assumes no responsibility for any loss, damages or expenses as a result of discrepancies between the origi nal BIMCO approved document and this
computer generated document.
1092 The reference to arbitration of disputes under this clause shall be to three arbitrators. A party
1093 wishing to refer a dispute to arbitration shall appoint its arbitrator and send notice of such
1094 appointment in writing to the other party requiring the other party to appoint its own arbitrator
1095 and give notice that it has done so within fourteen (14) calendar days of that notice and stating
1096 that it will appoint its own arbitrator as sole arbitrator unless the other party appoints its own
1097 arbitrator and gives notice that it has done so within the fourteen (14) days specified. If the
1098 other party does not give notice that it has done so within the fourteen (14) days specified, the
1099 party referring a dispute to arbitration may, without the requirement of any further prior notice to
1100 the other party, appoint its arbitrator as sole arbitrator and shall advise the other party
1101 accordingly. The award of a sole arbitrator shall be binding on both parties as if he had been
1102 appointed by agreement.
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1103 Nothing herein shall prevent the parties agreeing in writing to vary these provisions to provide
1104 for the appointment of a sole arbitrator.
1105 In cases where neither the claim nor any counterclaim exceeds the sum of US$ 150,000 (or
1106 such other sum as the parties may agree) the arbitration shall be conducted before a single
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1107 arbitrator in accordance with the SCMA Small Claims Procedure current at the time when the
1108 arbitration proceedings are commenced. (www.scma.org.sg)
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1109 (d) This Charter Party shall be governed by and construed in accordance with the laws of the place
1110 mutually agreed by the parties and any dispute arising out of or in connection with this Charter
1111 Party shall be referred to arbitration at a mutually agreed place, subject to the procedures
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1112 applicable there.
1113 *Sub-clauses (a), (b), (c) and (d) are alternatives; indicate alternative agreed. If alternative (d)
1114 agreed also state the place of arbitration. If no alternative agreed and clearly indicated then
1115 Sub-clause (a) shall apply by default.
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1116 **Singapore and English law are alternatives; if Sub-clause (c) agreed also indicate choice of
1117 Singapore or English law. If neither or both are indicated, then English law shall apply by
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1118 default.
1120 All notices, requests and other communications required or permitted by any clause of this
1121 Charter Party shall be given in writing and shall be sufficiently given or transmitted if delivered
1122 by hand, email, express courier service or registered mail and addressed if to the Owners, to
______ or such other address or email address as the Owners may hereafter designate in
© 2015, the Association of Ship Brokers and Agents (U.S.A.), Inc. (ASBA).
1123
1124 writing, and if to the Charterers to ______ or such other address or email address as the
1125 Charterers may hereafter designate in writing. Any such communication shall be deemed to
1126 have been given on the date of actual receipt by the party to which it is addressed.
1128 The headings in this Charter Party are for identification only and shall not be deemed to be part
Jointly authored by ASBA, BIMCO and the SMF
1129 hereof or be taken into consideration in the interpretation or construction of this Charter Party.
1131 The singular includes the plural and vice-versa as the context admits or requires.
1132 Clauses Click here to enter text. to Click here to enter text., both inclusive, as attached hereto are fully
1133 incorporated in this Charter Party.
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This document is a computer generated NYPE 2015 published by BIMCO and jointly authored by ASBA, BIMCO and the SMF. Any insertion or deletion to the form must
be clearly visible. In the event of any modification being made to the pre-printed text of this document which is not clearly visible, the original BIMCO approved document
shall apply. BIMCO assumes no responsibility for any loss, damages or expenses as a result of discrepancies between the origi nal BIMCO approved document and this
computer generated document.
1134 OWNERS: CHARTERERS:
__________________________ _________________________
1135 Name: _____________ Name: _____________
1136 Title: Click here to enter text. Title: Click here to enter text..
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© 2015, the Association of Ship Brokers and Agents (U.S.A.), Inc. (ASBA).
Jointly authored by ASBA, BIMCO and the SMF
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This document is a computer generated NYPE 2015 published by BIMCO and jointly authored by ASBA, BIMCO and the SMF. Any insertion or deletion to the form must
be clearly visible. In the event of any modification being made to the pre-printed text of this document which is not clearly visible, the original BIMCO approved document
shall apply. BIMCO assumes no responsibility for any loss, damages or expenses as a result of discrepancies between the origi nal BIMCO approved document and this
computer generated document.
NYPE 2015 APPENDIX A (VESSEL DESCRIPTION)
GENERAL INFORMATION
1.1 Vessel’s name __________________
1.2 Type of vessel ____________
1.3 IMO number ___________
1.4 Year of build _____
1.5 Name of shipyard/where built __________ / ______
1.6 Flag _____
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1.11 Date and place of last drydock ______
1.12 Vessel’s Call Sign ______
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1.13 Vessel’s INMARSAT number(s) ______
1.14 Vessel’s fax number ______
1.15 Vessel’s email address ______
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LOADLINE INFORMATION
2.1 Loadline Deadweight Draft TPC
Winter ______ ______ ______
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TONNAGES
3.1 Gross Tonnage (GT) ______________
© 2015, the Association of Ship Brokers and Agents (U.S.A.), Inc. (ASBA).
DIMENSIONS
4.1 Number of holds Click here to enter text.
4.2 Hold dimensions 1. ______ 2. ______ 3. ______
4. ______ 5. ______ 6. ______
7. ______ 8. ______ 9. ______
4.3 Height of holds ______
4.4 Number of hatches ______
4.5 Manufacturer and type of hatch covers ______
4.6 Hatch dimensions 1. ______ 2. ______ 3. ______
4. ______ 5. ______ 6. ______
7. ______ 8. ______ 9. ______
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This document is a computer generated NYPE 2015 published by BIMCO and jointly authored by ASBA, BIMCO and the SMF. Any insertion or deletion to the form must
be clearly visible. In the event of any modification being made to the pre-printed text of this document which is not clearly visible, the original BIMCO approved document
shall apply. BIMCO assumes no responsibility for any loss, damages or expenses as a result of discrepancies between the origi nal BIMCO approved document and this
computer generated document.
4.7 Is vessel strengthened for the carriage of ______
heavy cargoes?
4.8 If yes, state which holds may be left ______
empty
4.9 Main deck strength ______
4.10 Tanktop strength ______
4.11 Strength of hatch covers ______
4.12 Cubic grain capacity, by hold 1. ______ 2. ______ 3. ______
4. ______ 5. ______ 6. ______
7. ______ 8. ______ 9. ______
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4.15 Length between perpendiculars ______
4.16 Extreme breadth (beam): ______
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4.17 Keel to Masthead (KTM): ______
4.18 Distance from waterline to top of hatch No. 1 hatch Midships Last hatch
coamings or hatch covers if side rolling ______ ______ ______
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hatches
Ballast condition (ballast holds not ______ ______ ______
flooded, basis 50% bunkers)
Full ballast condition (ballast holds ______ ______ ______
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Type ______
Number/Capacity ______
4.28 Are holds CO2 fitted? ______
4.29 Are holds vessel fitted with Australian ______
type approved hold ladders?
4.30 Is vessel fitted for carriage of grain in ______
accordance with Chapter VI of SOLAS
1974 and amendments without
requiring bagging, trapping and securing
when loading a full cargo (deadweight) of
heavy grain in bulk (stowage factor 42
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This document is a computer generated NYPE 2015 published by BIMCO and jointly authored by ASBA, BIMCO and the SMF. Any insertion or deletion to the form must
be clearly visible. In the event of any modification being made to the pre-printed text of this document which is not clearly visible, the original BIMCO approved document
shall apply. BIMCO assumes no responsibility for any loss, damages or expenses as a result of discrepancies between the origi nal BIMCO approved document and this
computer generated document.
cubic feet) with ends untrimmed?
4.31 Is vessel logs fitted? ______
4.32 If yes, state number, type and height of ______
stanchions on board and which
stanchions are collapsible. Also state
number and type of sockets on board
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Capacity of auxiliary (aux.)engine(s) ______
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bunker tanks (excluding unpumpables)
Speed on sea passage Knots Knots On tons On tons
ballast laden (main) (aux.)
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______ ______ ______ ______
______ ______ ______ ______
______ ______ ______ ______
Consumption in Port Tons (main) Tons (aux.)
Working ______ ______
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CREW
6.1 Number of Officers ______
6.2 Number of Ratings ______
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This document is a computer generated NYPE 2015 published by BIMCO and jointly authored by ASBA, BIMCO and the SMF. Any insertion or deletion to the form must
be clearly visible. In the event of any modification being made to the pre-printed text of this document which is not clearly visible, the original BIMCO approved document
shall apply. BIMCO assumes no responsibility for any loss, damages or expenses as a result of discrepancies between the origi nal BIMCO approved document and this
computer generated document.