23-01-23 - Charter Buque Con JM SHIP SERVICE PANAMA
23-01-23 - Charter Buque Con JM SHIP SERVICE PANAMA
MT “PACIFIC MOON”
IMO 8813697
MAIN TERMS
CONTRACT REFERENCE # 23/01/2023-01
IT IS DECIDED THIS DAY, JANUARY 23th, 2023 THAT THE ABOVE PARTIES
HAVE AGREED TO ENGAGE INTO A TIME CHARTER CONTRACT BASED ON THE
FOLLOWING TERMS AND CONDITIONS MUTUALLY AGREED UPON BELOW.
PARTICULARS
Estado: Activo
MMSI: 760000600
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CONTRACT REFERENCE # 23/01/2023-01
3.- CANCELING
10 DAYS AFTER CP CONFIRMATION IF NOT DELIVERED TBN TO A 5 DAY
SPREAD BY OWNERS DOP MEXICO
4- DELIVERY/REDELIVERY NOTICES
4.1 DELIVERY NOTICES: 10 DAYS APPROX. FOLLOWED BY 5/3/2/1 DAYS FIRM
NOTICE
4.2 REDELIVERY: 1 DOP CARIBE MEXICO RANGE OR HOUSTON
4.3 REDELIVERY NOTICES: 10 DAYS APPROX. FOLLOWED BY 5/3/2/1 DAYS
FIRM NOTICE
5.- CONTRACT:
TIME CHARTER 1 YEAR WITH ROLL OVERS AND EXTENTIONS.
6.- PERIOD:
1 YEAR.
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CONTRACT REFERENCE # 23/01/2023-01
BENEFICIARY NAME: JUAN M GONZALEZ
ACCOUNT NUMBER: 0111037470
ATT: JM SHIP SERVICE
11.-CARGO:
11.1 QUANTITY: CHOPT FULL CARGO
11.2 GRADE: MT CALAKMUL IS FITTED TO TRADE ONLY CLEANS PRODUCTS AND
CLEAN PETROLEUM PRODUCTS. IF CHARTS INTEND TO LOAD PRODUCTS SUCH AS
D2, EN5909, THEN CARGOES TO BE COMPATIBLE WITH SHIP’S
LINES/PUMPS/GASKETS/HEATING COILS AND SHIP'S CLASS & TECHNICAL
RESTRICTIONS/SPECS AND CHARTS ARE OBLIGED TO REDELIVERY THE VESSEL
WITH ALL CARGO TANK CLEANED AND FITTED TO LOAD CPP.
11.3CARGO EXCLUSIONS: CRUDE OIL, ORIMULSION, BITUMEN & BITUMINOUS
PRODUCTS, TAR, ASPHALT, LOW SULPHUR WAXY RESIDUES, CARBON BLACK
FEEDSTOCK
11.4 SEGREGATION: MAX GRADES. WVNS
14.- COMMISSION
N/A
15--LAW:
ARBITRATION IN PANAMA LAW TO APPLY.
16.-TAXES:
ANY TAXES AND/OR DUES AND/OR LEVIES ON FRT AND/OR CARGO OR ANY COSTS
WHICH ARE FOR CHRTRS ARE INCLUDED.
17.-INSURANCE:
17.1 SELLER, AT HIS OWN EXPENSE, SHALL PROCURE A POLICY WITH A
FIRST- CLASS MARINE INSURANCE INSTITUTE TO COVER THE 110% (ONE
HUNDRED AND TEN PERCENT) OF THE VALUE OF THE CARGO.
17.2 THE INSURANCE POLICY WILL COVER ALL RISKS OF LOSS OR DAMAGES
TO SAID CARGO, INCLUDING WAR, HIJACKING, EXPLOSION ETC. FROM THE
TIME THE CARGO HAS PASSED THE SHIP’S MANIFOLD FLANGES AT THE
LOADING PORT. A COPY OF THE SAID POLICY WILL TO BE SUBMITTED TO
BUYER WITH EVERY LOAD SET OF DOCUMENTS.
17.3 MARINE INSURANCE WILL COVER ALL RISK, OF LOSS OR DAMAGE TO
SAID CARGO, INCLUDING WAR, HIJACKING, EXPLOSION ETC. UNTIL CARGO
COMMENCES TO PASS THE SHIP’S MANIFOLD FLANGES AT THE DISCHARGE
PORT.
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17.4 ANY ADDITIONAL PREMIUMS PAYABLE BY OWNERS IN RESPECT OF WAR RISKS
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UNDER THEIR POLICIES OF INSURANCE THAT ARE INCURRED BY REASON OF
VESSEL TRADING.
17.5 TO EXCLUDE AREAS NOT COVERED BY OWNERS' BASIC WAR RISK
INSURANCE SHALL BE FOR CHARTERS ACCOUNT. ADDITIONAL PREMIUMS ARE
PAYABLE TOGETHER WITH FREIGHT WITH SUPPORTING DOCUMENTS TO FOLLOW.
18.-CANCELLATION CLAUSE:
18.1 ANY OF THE PARTIES IS FREE TO REQUIRE A CANCELACION OF THIS
CONTRACT WITH xx DAYS ON WRITTEN NOTICE TO THE OTHER PARTY.IF THE
CANCELATION IS NOT ACCEPTED NEED TO BE RESOLVE IN GA/ARBITRATION –
CIUDAD DE PANAMÁ – PANAMÁ. LAW TO APPLY.
19.1 IN PURSUANCE OF THE PROVISIONS OF THE U.S. ANTI DRUG ABUSE ACT
1986, OR ANY REENACTMENT THEREOF, THE CHARTERERS WARRANT TO
EXERCISE THE HIGHEST, DEGREE OF CARE AND DILIGENCE IN
19.2 PREVENTING UNMANIFESTED NARCOTIC DRUGS AND MARIJUANA TO BE
LOADED OR CONCEALED ON BOARD THE VESSEL. NON-COMPLIANCE WITH THE
PROVISIONS OF THIS CLAUSE SHALL AMOUNT TO BREACH OF WARRANTY FOR THE
CONSEQUENCES OF WHICH THE CHARTERERS SHALL BE LIABLE AND SHALL HOLD
THE OWNERS, THE MASTER AND THE CREW OF THE VESSEL HARMLESS AND SHALL
KEEP THEM INDEMNIFIED AGAINST ALL CLAIMS WHATSOEVER WHICH MAY ARISE
AND BE MADE AGAINST THEM INDIVIDUALLY OR JOINTLY. FURTHERMORE, ALL
TIME LOST AND ALL EXPENSES INCURRED, INCLUDING FINES, AS A
RESULT FOR THE CHARTERERS' BREACH OF THE PROVISIONS OF THIS CLAUSE
SHALL BE FOR THE CHARTERERS ACCOUNT AND THE VESSEL SHALL REMAIN ON
HIRE.
19.3 SHOULD THE VESSEL BE ARRESTED AS A RESULT OF THE CHARTERERS’
NON-COMPLIANCE WITH THE PROVISIONS OF THIS CLAUSE, THE CHARTERERS
SHALL AT THEIR EXPENSE TAKE ALL REASONABLE STEPS TO SECURE THAT
WITHIN A REASONABLE TIME THE VESSEL IS RELEASED AND AT THEIR EXPENSE
PUT UP BAIL TO SECURE RELEASE OF THE VESSEL. THE OWNERS SHALL REMAIN
RESPONSIBLE FOR ALL TIME LOST AND ALL EXPENSES INCURRED, INCLUDING
FINES, IN THE EVENT THAT UNMANIFESTED NARCOTIC DRUGS AND MARIJUANA
ARE FOUND IN THE POSSESSION OR EFFECTS OF THE VESSEL'S PERSONNEL.
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CONTRACT REFERENCE # 23/01/2023-01
19.7) SHELL TIME 4 WITH CHARTS FURTHER TERMS INCL SANCTION CLAUSES,
ANTI CORRUPTION CLAUSE TO BE AGREED. OWNERS FURTHER TERMS TO BE
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CONTRACT REFERENCE # 23/01/2023-01
AGREED. ALL OTHER TERMS WITH OTHER MUTUALLY AGREED ANNEXED OWNERS'
TERMS & CONDITION TO TC, BELOW ADDITIONAL CLAUSES AND AS PER
SHELLTIME
4 CP WITH OWNERS MUTUALLY AGREED BELOW AMENDMENTS AND REST LOGICAL
AMENDMENTS ONLY
ADDRESS: XXX
23.1. OWNER & CHARTERED WARRANTS THAT IT HAS EXERTED AND SHALL
CONTINUE TO EXERT ITS BEST EFFORTS TO AVOID ANY ACTION, WHICH MIGHT
BE IN ANY MANNER DETRIMENTAL TO SELLER’S INTEREST IN THE
NEGOTIATION, EXECUTION AND PERFORMANCE OF THIS CONTRACT.
23.2. THE PARTIES HEREBY AGREE THAT ALL TERMS, WHICH ARE NOT
SPECIFICALLY CONFIRMED AND AGREED UPON IN THIS CONTRACT, MUST BE
REFERRED TO THE GENERAL RULES OF THE ICC INCOTERMS EDITION 2010
WITH LATEST AMENDMENTS.
23.3. THE DELIVERY SCHEDULE MUST REPORT THE DATES VESSEL’S AND THE
QUANTITY TO BE LOADED.
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24. CLAIMS
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24.1. ANY CLAIMS THAT EITHER PARTY MAY HAVE, DUE TO AN
OCCURRENCE, HAS TO MUST BE SUBMITTED TO THE OTHER PARTY WITHIN A
PERIOD OF TWO
(2) WEEKS FROM THE DATE OF THAT OCCURRENCE.
26.1 A FULL SET OF 3/3 ORIGINALS PLUS 3 N/N COPIES OF OCEAN BILL OF
LADING MADE OUT “CLEAN ON BOARD” MARKED “FREIGHT PRE – PAID”.
26.2 FULL SET, (INCLUDING ONE ORIGINAL AND ONE COPY) OF INSURANCE
POLICY FOR 110% OF THE INVOICE VALUE AGAINST ALL RISK ADDITIONAL
WAR RISK AND MAKING CHARTERER AS BENEFICIARY.
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CONTRACT REFERENCE # 23/01/2023-01
BY THE SIGNATURES BELOW, THE PARTIES AFFIRM THEY ARE AUTHORIZED
SIGNATORIES OF THEIR COMPANY AND EACH HAS HAD ADEQUATE OPPORTUNITY
TO REVIEW WITH THEIR LEGAL COUNSEL AND HAS UNDERSTOOD, AGREED AND
ACCEPTED THIS SALES AND PURCHASE AGREEMENT EFFECTIVE AS OF THE DATE
STATED ABOVE AND SIGNED.
NOTARIZACIÓN:
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