1. It is agreed between the party mentioned in Box 3 as Owners of the Vessel | 1 |
| readiness at loading port to be given to the Shippers named in Box 17 or if not | 105 |
named in Box 5, of the GT/NT indicated in Box 6 and carrying about the number | 2 |
| named, to the Charterers or their agents named in Box 18. Notice of readiness | 106 |
of metric tons of deadweight capacity all told on summer loadline stated in Box | 3 |
| at the discharging port to be given to the Receivers or, if not known, to the | 107 |
7, now in position as stated in Box 8 and expected ready to load under this | 4 |
| Charterers or their agents named in Box 19. | 108 |
Charter Party about the date indicated in Box 9, and the party mentioned as the | 5 |
| If the loading/discharging berth is not available on the Vessel’s arrival at or off | 109 |
Charterers in Box 4 that: | 6 |
| the port of loading/discharging, the Vessel shall be entitled to give notice of | 110 |
The said Vessel shall, as soon as her prior commitments have been completed, | 7 |
| readiness within ordinary office hours on arrival there, whether in free pratique | 111 |
proceed to the loading port(s) or place(s) stated in Box 10 or so near thereto as | 8 |
| or not, whether customs cleared or not. Laytime or time on demurrage shall | 112 |
she may safely get and lie always afloat, and there load a full and complete | 9 |
| then count as if she were in berth and in all respects ready for loading/ | 113 |
cargo (if shipment of deck cargo agreed same to be at the Charterers’ risk and | 10 |
| discharging provided that the Master warrants that she is in fact ready in all | 114 |
responsibility) as stated in Box 12, which the Charterers bind themselves to | 11 |
| respects. Time used in moving from the place of waiting to the loading/ | 115 |
ship, and being so loaded the Vessel shall proceed to the discharging port(s) or | 12 |
| discharging berth shall not count as laytime. | 116 |
place(s) stated in Box 11 as ordered on signing Bills of Lading, or so near | 13 |
| If, after inspection, the Vessel is found not to be ready in all respects to load/ | 117 |
thereto as she may safely get and lie always afloat, and there deliver the cargo. | 14 |
| discharge time lost after the discovery thereof until the Vessel is again ready to | 118 |
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| load/discharge shall not count as laytime. | 119 |
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| Time used before commencement of laytime shall count. | 120 |
2. Owners’ Responsibility Clause | 15 |
| * Indicate alternative (a) or (b) as agreed, in Box 16. | 121 |
The Owners are to be responsible for loss of or damage to the goods or for | 16 |
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delay in delivery of the goods only in case the loss, damage or delay has been | 17 |
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caused by personal want of due diligence on the part of the Owners or their | 18 |
| 7. Demurrage | 122 |
Manager to make the Vessel in all respects seaworthy and to secure that she is | 19 |
| Demurrage at the loading and discharging port is payable by the Charterers at | 123 |
properly manned, equipped and supplied, or by the personal act or default of | 20 |
| the rate stated in Box 20 in the manner stated in Box 20 per day or pro rata for | 124 |
the Owners or their Manager. | 21 |
| any part of a day. Demurrage shall fall due day by day and shall be payable | 125 |
And the Owners are not responsible for loss, damage or delay arising from any | 22 |
| upon receipt of the Owners’ invoice. | 126 |
other cause whatsoever, even from the neglect or default of the Master or crew | 23 |
| In the event the demurrage is not paid in accordance with the above, the | 127 |
or some other person employed by the Owners on board or ashore for whose | 24 |
| Owners shall give the Charterers 96 running hours written notice to rectify the | 128 |
acts they would, but for this Clause, be responsible, or from unseaworthiness of | 25 |
| failure. If the demurrage is not paid at the expiration of this time limit and if the | 129 |
the Vessel on loading or commencement of the voyage or at any time | 26 |
| vessel is in or at the loading port, the Owners are entitled at any time to | 130 |
whatsoever. | 27 |
| terminate the Charter Party and claim damages for any losses caused thereby. | 131 |
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3. Deviation Clause | 28 |
| 8. Lien Clause | 132 |
The Vessel has liberty to call at any port or ports in any order, for any purpose, | 29 |
| The Owners shall have a lien on the cargo and on all sub-freight payable in | 133 |
to sail without pilots, to tow and/or assist Vessels in all situations, and also to | 30 |
| respect of the cargo, for freight, deadfreight, demurrage, claims for damages | 134 |
deviate for the purpose of saving life and/or property. | 31 |
| and for all other amounts due under this Charter Party including costs of | 135 |
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| recovering same. | 136 |
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4. Payment of Freight | 32 |
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(a) The freight at the rate stated in Box 13 shall be paid in cash calculated on the | 33 |
| 9. Cancelling Clause | 137 |
intaken quantity of cargo. | 34 |
| (a) Should the Vessel not be ready to load (whether in berth or not) on the | 138 |
(b) Prepaid. If according to Box 13 freight is to be paid on shipment, it shall be | 35 |
| cancelling date indicated in Box 21, the Charterers shall have the option of | 139 |
deemed earned and non-returnable, Vessel and/or cargo lost or not lost. | 36 |
| cancelling this Charter Party. | 140 |
Neither the Owners nor their agents shall be required to sign or endorse bills of | 37 |
| (b) Should the Owners anticipate that, despite the exercise of due diligence, | 141 |
lading showing freight prepaid unless the freight due to the Owners has | 38 |
| the Vessel will not be ready to load by the cancelling date, they shall notify the | 142 |
actual been paid. | 39 |
| Charterers thereof without delay stating the expected date of the Vessel’s | 143 |
(c) On delivery. If according to Box 13 freight, or part thereof, is payable at | 40 |
| readiness to load and asking whether the Charterers will exercise their option | 144 |
destination it shall not be deemed earned until the cargo is thus delivered. | 41 |
| of cancelling the Charter Party, or agree to a new cancelling date. | 145 |
Notwithstanding the provisions under (a), if freight or part thereof is payable on | 42 |
| Such option must be declared by the Charterers within 48 running hours after | 146 |
delivery of the cargo the Charterers shall have the option of paying the freight | 43 |
| the receipt of the Owners’ notice. If the Charterers do not exercise their option | 147 |
on delivered weight/quantity provided such option is declared before breaking | 44 |
| of cancelling, then this Charter Party shall be deemed to be amended such that | 148 |
bulk and the weight/quantity can be ascertained by official weighing machine, | 45 |
| the seventh day after the new readiness date stated in the Owners’ notification | 149 |
joint draft survey or tally. | 46 |
| to the Charterers shall be the new cancelling date. | 150 |
Cash for Vessel’s ordinary disbursements at the port of loading to be advanced | 47 |
| The provisions of sub-clause (b) of this Clause shall operate only once, and in | 151 |
by the Charterers, if required, at highest current rate of exchange, subject to | 48 |
| case of the Vessel’s further delay, the Charterers shall have the option of | 152 |
two (2) per cent to cover insurance and other expenses. | 49 |
| cancelling the Charter Party as per sub-clause (a) of this Clause. | 153 |
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5. Loading/Discharging | 50 |
| 10. Bills of Lading | 154 |
(a) Costs/Risks | 51 |
| Bills of Lading shall be presented and signed by the Master as per the | 155 |
The cargo shall be brought into the holds, loaded, stowed and/or trimmed, | 52 |
| “Congenbill” Bill of Lading from, Edition 1994, without prejudice to this Charter | 156 |
tallied, lashed and/or secured and taken from the holds and discharged by the | 53 |
| Party, or by the Owners’ agents provided written authority has been given by | 157 |
Charterers, free of any risk, liability and expense whatsoever to the Owners. | 54 |
| Owners to the agents, a copy of which is to be furnished to the Charterers. The | 158 |
The Charterers shall provide and lay all dunnage material as required for the | 55 |
| Charterers shall indemnify the Owners against all consequences or liabilities | 159 |
proper stowage and protection of the cargo on board, the Owners allowing the | 56 |
| that may arise from the signing of bills of lading as presented to the extent that | 160 |
use of all dunnage available on board. The Charterers shall be responsible for | 57 |
| the terms or contents of such bills of lading impose or result in the imposition of | 161 |
and pay the cost of removing their dunnage after discharge of the cargo under | 58 |
| more onerous liabilities upon the Owners than those assumed by the Owners | 162 |
this Charter Party and time to count until dunnage has been removed. | 59 |
| under this Charter Party. | 163 |
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(b) Cargo Handling Gear | 60 |
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Unless the Vessel is gearless or unless it has been agreed between the parties | 61 |
| 11. Both-to-Blame Collision Clause | 164 |
that the Vessel’s gear shall not be used and stated as such in Box 15, the | 62 |
| If the Vessel comes into collision with another vessel as a result of the | 165 |
Owners shall throughout the duration of loading/discharging give free use of | 63 |
| negligence of the other vessel and any act, neglect or default of the Master, | 166 |
the Vessel’s cargo handling gear and of sufficient motive power to operate all | 64 |
| Mariner, Pilot or the servants of the Owners in the navigation or in the | 167 |
such cargo handling gear. All such equipment to be in good working order. | 65 |
| management of the Vessel, the Owners of the cargo carried hereunder will | 168 |
Unless caused by negligence of the stevedores, time lost by breakdown of the | 66 |
| indemnify the Owners against all loss or liability to the other or non-carrying | 169 |
Vessel’s cargo handling gear or motive power – pro rata the total number of | 67 |
| vessel or her owners in so far as such loss or liability represents loss of, or | 170 |
cranes/winches required at that time for the loading/discharging of cargo | 68 |
| damage to, or any claim whatsoever of the owners of said cargo, paid or | 171 |
under this Charter Party – shall not count as laytime or time on demurrage. | 69 |
| payable by the other or non-carrying vessel or her owners to the owners of said | 172 |
On request the Owners shall provide free of charge cranemen/winchmen from | 70 |
| cargo and set-off, recouped or recovered by the other or non-carrying vessel | 173 |
the crew to operate the Vessel’s cargo handling gear, unless local regulations | 71 |
| or her owners as part of their claim against the carrying Vessel or the Owners. | 174 |
prohibit this, in which latter event shore labourers shall be for the account of the | 72 |
| The foregoing provisions shall also apply where the owners, operators or those | 175 |
Charterers. Cranemen/winchmen shall be under the Charterers’ risk and | 73 |
| in charge of any vessel or vessels or objects other than, or in addition to, the | 176 |
responsibility and as stevedores to be deemed as their servants but shall | 74 |
| colliding vessels or objects are at fault in respect of a collision or contact. | 177 |
always work under the supervision of the Master. | 75 |
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(c) Stevedore Damage | 76 |
| 12. General Average and New Jason Clause | 178 |
The Charterers shall be responsible for damage (beyond ordinary wear and | 77 |
| General Average shall be adjusted in London unless otherwise agreed in Box | 179 |
tear) to any part of the Vessel caused by Stevedores. Such damage shall be | 78 |
| 22 according to York-Antwerp Rules 1994 and any subsequent modification | 180 |
notified as soon as reasonably possible by the Master to the Charterers or their | 79 |
| thereof. Proprietors of cargo to pay the cargo’s share in the general expenses | 181 |
agents and to their Stevedores, failing which the Chartrers shall not be held | 80 |
| even if same have been necessitated through neglect or default of the Owners’ | 182 |
responsible. The Master shall endeavour to obtain the Stevedores’ written | 81 |
| servants (see Clause 2). | 183 |
acknowledgement of liability. | 82 |
| If General Average is to be adjusted in accordance with the law and practice of | 184 |
The Charterers are obliged to repair any stevedore damage prior to completion | 83 |
| the United States of America, the following Clause shall apply: “In the event of | 185 |
of the voyage, but must repair stevedore damage affecting the Vessel’s | 84 |
| accident, danger, damage or disaster before or after the commencement of the | 186 |
seaworthiness or class before the Vessel sails from the port where such | 85 |
| voyage, resulting from any cause whatsoever, whether due to negligence or | 187 |
damage was caused or found. All additional expenses incurred shall be for the | 86 |
| not, for which, or for the consequence of which, the Owners are not | 188 |
account of the Charterers and any time lost shall be for the account of and shall | 87 |
| responsible, by statute, contract or otherwise, the cargo shippers, consignees | 189 |
be paid to the Owners by the Charterers at the demurrage rate. | 88 |
| or the owners of the cargo shall contribute with the Owners in General Average | 190 |
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| to the payment of any sacrifices, losses or expenses of a General Average | 191 |
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| nature that may be made or incurred and shall pay salvage and special charges | 192 |
6. Laytime | 89 |
| incurred in respect of the cargo. If a salving vessel is owned or operated by the | 193 |
(a) Separate laytime for loading and discharging | 90 |
| Owners, salvage shall be paid for as fully as if the said salving vessel or vessels | 194 |
The cargo shall be loaded within the number of running days/hours as | 91 |
| belonged to strangers. Such deposit as the Owners, or their agents, may deem | 195 |
indicated in Box 16, weather permitting, Sundays and holidays excepted, | 92 |
| sufficient to cover the estimated contribution of the goods and any salvage and | 196 |
unless used, in which event time used shall count. | 93 |
| special charges thereon shall, if required, be made by the cargo, shippers, | 197 |
The cargo shall be discharged within the number of running days/hours as | 94 |
| consignees or owners of the goods to the Owners before delivery.” | 198 |
indicated in Box 16, weather permitting, Sundays and holidays excepted, | 95 |
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unless used, in which event time used shall count. | 96 |
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(b) Total laytime for loading and discharging | 97 |
| 13. Taxes and Dues Clause | 199 |
The cargo shall be loaded and discharged within the number of total running | 98 |
| (a) On Vessel – The Owners shall pay all dues, charges and taxes customarily | 200 |
days/hours as indicated in Box 16, weather permitting, Sundays and holidays | 99 |
| levied on the Vessel, howsoever the amount thereof may be assessed. | 201 |
excepted, unless used, in which event time used shall count. | 100 |
| (b) On Cargo – The Charterers shall pay all dues, charges, duties and taxes | 202 |
(c) Commencement of laytime (loading and discharging) | 101 |
| customarily levied on the cargo, howsoever the amount thereof may be | 203 |
Laytime for loading and discharging shall commence at 13.00 hours, if notice of | 102 |
| assessed. | 204 |
readiness is given up to and including 12.00 hours, and at 06.00 hours next | 103 |
| (c) On freight – Unless otherwise agreed in Box 23, taxes levied on the freight | 205 |
Working day if notice given during office hours after 12.00 hours. Notice of | 104 |
| shall be for the Charterers’ account. | 206 |
14. Agency | 207 |
| (5) The Vessel shall have liberty: - | 314 |
In every case the Owners shall appoint their own Agent both at the port of | 208 |
| (a) to comply with all orders, directions, recommendations or advice as to | 315 |
loading and the port of discharge. | 209 |
| departure, arrival, routes, sailing in convoy, ports of call, stoppages, | 316 |
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| destinations, discharge of cargo, delivery or in any way whatsoever which | 317 |
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| are given by the Government of the Nation under whose flag the Vessel | 318 |
15. Brokerage | 210 |
| sails, or other Government to whose laws the Owners are subject, or any | 319 |
A brokerage commission at the rate stated in Box 24 on the freight, dead-freight | 211 |
| other Government which so requires, or any body or group acting with the | 320 |
and demurrage earned is due to the party mentioned in box 24. | 212 |
| power to compel compliance with their orders or directions; | 321 |
In case of non-execution 1/3 of the brokerage on the estimated amount of | 213 |
| (b) to comply with the orders, directions or recommendations of any war | 322 |
freight to be paid by the party responsible for such non-execution to the | 214 |
| risks underwriters who have the authority to give the same under the terms | 323 |
Brokers as Indemnity for the latter’s expenses and work. In case of more | 215 |
| of the war risks insurance; | 324 |
voyages the amount of indemnity to be agreed. | 216 |
| (c) to comply with the terms of any resolution of the Security Council of the | 325 |
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| United Nations, any directives of the European Community, the effective | 326 |
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| orders of any other Supranational body which has the right to issue and | 327 |
16. General Strike Clause | 217 |
| give the same, and with national laws aimed at enforcing the same to which | 328 |
(a) If there is a strike or lock-out affecting or preventing the actual loading of the | 218 |
| the Owners are subject, and to obey the orders and directions of those who | 329 |
cargo, or any part of it, when the Vessel is ready to proceed from her last port or | 219 |
| are charged with their enforcement; | 330 |
at any time during the voyage to the port or ports of loading or after her arrival | 220 |
| (d) to discharge at any other port any cargo or part thereof which may | 331 |
there, the Master or the Owners may ask the Charterers to declare, that they | 221 |
| render the Vessel liable to confiscation as a contraband carrier; | 332 |
agree to reckon the laydays as if there were no strike or lock-out. Unless the | 222 |
| (e) to call at any other port to change the crew or any part thereof or other | 333 |
Charterers have given such declaration in writing (by telegram, if necessary) | 223 |
| persons on board the Vessel when there is reason to believe that they may | 334 |
within 24 hours, the Owners shall have the option of cancelling this Charter | 224 |
| be subject to internment, imprisonment or other sanctions; | 335 |
Party. If part cargo has already been loaded, the Owners must proceed with | 225 |
| (f) where cargo has not been loaded or has been discharged by the | 336 |
same, (freight payable on loaded quantity only) having liberty to complete with | 226 |
| Owners under any provisions of this Clause, to load other cargo for the | 337 |
other cargo on the way for their own account. | 227 |
| Owners’ own benefit and carry it to any other port or ports whatsoever, | 338 |
(b) If there is a strike or lock-out affecting or preventing the actual discharging | 228 |
| whether backwards or forwards or in a contrary direction to the ordinary or | 339 |
of the cargo on or after the Vessel’s arrival at or off port of discharge and same | 229 |
| customary route. | 340 |
has not been settled within 48 hours, the Charterers shall have the option of | 230 |
| (6) If in compliance with any of the provisions of sub-clauses (2) to (5) of this | 341 |
keeping the Vessel waiting until such strike or lock-out is at an end against | 231 |
| Clause anything is done or not done, such shall not be deemed to be a | 342 |
paying half demurrage after expiration of the time provided for discharging | 232 |
| deviation, but shall be considered as due fulfilment of the Contract of | 343 |
until the strike or lock-out terminates and thereafter full demurrage shall be | 233 |
| Carriage. | 344 |
payable until the completion of discharging, or of ordering the Vessel to a safe | 234 |
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port where she can safely discharge without risk of being detained by strike or | 235 |
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lock-out. Such orders to be given within 48 hours after the Master or the | 236 |
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Owners have given notice to the Charterers of the strike or lock-out affecting | 237 |
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the discharge. On delivery of the cargo at such port, all conditions of this | 238 |
| 18. General Ice Clause | 345 |
Charter Party and of the Bill of Lading shall apply and the Vessel shall receive | 239 |
| Port of loading | 346 |
the same freight as if she had discharged at the original port of destination, | 240 |
| (a) In the event of the loading port being inaccessible by reason of ice when the | 347 |
except that if the distance to the substituted port exceeds 100 nautical miles, | 241 |
| Vessel is ready to proceed from her last port or at any time during the voyage or | 348 |
the freight on the cargo delivered at the substituted port to be increased in | 242 |
| on the Vessel’s arrival or in case frost sets in after the Vessel’s arrival, the | 349 |
proportion. | 243 |
| Master for fear of being frozen in is at liberty to leave without cargo, and this | 350 |
(c) Except for the obligations described above, neither the Charterers nor the | 244 |
| Charter Party shall be null and void. | 351 |
Owners shall be responsible for the consequences of any strikes or lock-outs | 245 |
| (b) If during loading the Master, for fear of the Vessel being frozen in, deems it | 352 |
preventing or affecting the actual loading or discharging of the cargo. | 246 |
| advisable to leave, he has liberty to do so with what cargo he has on board and | 353 |
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| to proceed to any other port or ports with option of completing cargo for the | 354 |
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| Owners’ benefit for any port or ports including port of discharge. Any part | 355 |
17. War Risk (“Voywar 1993”) | 247 |
| cargo thus loaded under this Charter Party to be forwarded to destination at the | 356 |
(1) For the purpose of this Clause, the words: | 248 |
| Vessel’s expense but against payment of freight, provided that no extra | 357 |
(a) The “Owners” Shall include the shipowners, bareboat Charterers, | 249 |
| expenses be there by caused to the Charterers, freight being paid on quantity | 358 |
disponent owners, managers or other operators who are charged with the | 250 |
| delivered (in proportion if lumpsum), all other conditions as per this Charter | 359 |
management of the Vessel, and the Master; and | 251 |
| Party. | 360 |
(b) “War Risks” shall include any war (whether actual or threatened), act of | 252 |
| (c) In case of more than one loading ort, and if one or more of the ports are | 361 |
war, civil war, hostilities, revolution, rebellion, civil commotion, warlike | 253 |
| closed by ice, the Master or the Owners to be at liberty either to load the part | 362 |
operations, the laying of mines (whether actual or reported), acts of piracy, | 254 |
| cargo at the open port and fill up elsewhere for their own account as under | 363 |
acts of terrorists, acts of hostility or malicious damage, blockades | 255 |
| section (b) or to declare the Charter Party null and void unless the Charterers | 364 |
(whether imposed against all Vessels or imposed selectively against | 256 |
| agree to load full cargo at the open port. | 365 |
Vessels of certain flags or ownership, or against certain cargoes or crews | 257 |
| Port of discharge | 366 |
or otherwise howsoever), by any person, body, terrorist or political group, | 258 |
| (a) Should ice prevent the Vessel from reaching port of discharge the | 367 |
or the Government of any state whatsoever, which, in the reasonable | 259 |
| Charterers shall have the option of keeping the Vessel waiting until the re- | 368 |
judgement of the Master and/or the Owners, may be dangerous or are | 260 |
| opening of navigation and paying demurrage or of ordering the Vessel to a safe | 369 |
likely to be or to become dangerous to the Vessel, her cargo, crew or other | 261 |
| and immediately accessible port where she can safely discharge without risk of | 370 |
persons on board the Vessel. | 262 |
| detention by ice. Such orders to be given within 48 hours after the Master or the | 371 |
(2) If at any time before the Vessel commences loading, it appears that, in the | 263 |
| Owners have given notice to the Charterers of the impossibility of reaching port | 372 |
reasonable judgement of the Master and/or the Owners, performance of | 264 |
| of destination. | 373 |
the Contract of Carriage, or any part of it, may expose, or is likely to expose, | 265 |
| (b) If during discharging the Master for fear of the Vessel being frozen in deems | 374 |
the Vessel, her cargo, crew or other persons on board the Vessel to War | 266 |
| It advisable to leave, he has liberty to do so with what cargo he has on board and | 375 |
Risks, the Owners may give notice to the Charterers cancelling this | 267 |
| to proceed to the nearest accessible port where she can safely discharge. | 376 |
Contract of Carriage, or may refuse to perform such part of it as may | 268 |
| (c) On delivery of the cargo at such port, all conditions of the Bill of Lading shall | 377 |
expose, or may be likely to expose, the Vessel, her cargo, crew or other | 269 |
| apply and the Vessel shall receive the same freight as if she had discharged at | 378 |
persons on board the Vessel to War Risk; provided always that if this | 270 |
| the original port of destination, except that if the distance of the substituted port | 379 |
Contract of Carriage provides that loading or discharging is to take place | 271 |
| exceeds 100 nautical miles, the freight on the cargo delivered at the substituted | 380 |
within a range of ports, and at the port or ports nominated by the Charterers | 272 |
| port to be increased in proportion. | 381 |
the Vessel, her cargo, crew, or other persons onboard the Vessel may be | 273 |
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exposed, or may be likely to be exposed, to War Risks, the Owners shall | 274 |
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first require the Charterers to nominate any other safe port which lies | 275 |
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within the range for loading or discharging, and may only cancel this | 276 |
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Contract of Carriage if the Charterers shall not have nominated such safe | 277 |
| 19. Law and Arbitration | 382 |
port or ports within 48 hours of receipt of notice of such requirement. | 278 |
| * (a) This Charter Party shall be governed b and construed in accordance with | 383 |
(3) The Owners shall not be required to continue to load cargo for any voyage, | 279 |
| English law and any dispute arising out of this Charter Party shall be referred to | 384 |
or to sign Bills of Lading for any port or place, or to proceed or continue on | 280 |
| arbitration in London in accordance with the Arbitration Acts 1950 and 1979 or | 385 |
any voyage, or on any part thereof, or to proceed through any canal or | 281 |
| any statutory modification or re-enactment thereof for the time being in force. | 386 |
waterway, or to proceed to or remain at any port or place whatsoever, | 282 |
| Unless the parties agree upon a sole arbitrator, one arbitrator shall be | 387 |
where it appears, either after the loading of the cargo commences, or at | 283 |
| appointed by each party and the arbitrators so appointed shall appoint a third | 388 |
any stage of the voyage thereafter before the discharge of the cargo is | 284 |
| arbitrator, the decision of the three-man tribunal thus constituted or any two of | 389 |
completed, that, in the reasonable judgement of the Master and/or the | 285 |
| them, shall be final. On the receipt by one party of the nomination in writing of | 390 |
Owners, the Vessel, her cargo (or any part thereof), crew or other persons | 286 |
| the other party’s arbitrator, that party shall appoint their arbitrator within | 391 |
on board the Vessel (or any one or more of them) may be, or are likely to be, | 287 |
| fourteen days, failing which the decision of the single arbitrator appointed shall | 392 |
exposed to War Risks. If it should so appear, the Owners may by notice | 288 |
| be final. | 393 |
request the Charterers to nominate a safe port for the discharge of the | 289 |
| For disputes where the total amount claimed by either party does not exceed | 394 |
cargo or any part thereof, and if within 48 hours of the receipt of such | 290 |
| the amount stated in box 25”” the arbitration shall be conducted in accordance | 395 |
notice, the Charterers shall not have nominated such a port, the Owners | 291 |
| with the Smali Claims Procedure of the London Maritime Arbitrators | 396 |
may discharge the cargo at any safe ort of their choice (including the port | 292 |
| Association. | 397 |
of loading) in complete fulfillment of the Contract of Carriage. The Owners | 293 |
| * (b) This Charter Party shall be governed by and construed in accordance with | 398 |
shall be entitled to recover from the Charterers the extra expenses of such | 294 |
| Title 9 of the United States Code and the Maritime Law of the United States and | 399 |
discharge and, if the discharge takes place at any port other than the | 295 |
| should any dispute arise out of this Charter Party, the matter in dispute shall be | 400 |
loading port, to receive the full freight as though the cargo had been | 296 |
| referred to three persons at New York, one to be appointed by each of the | 401 |
carried to the discharging port and if the extra distance exceeds 100 miles, | 297 |
| parties hereto, and the third by the two so chosen; their decision or that of any | 402 |
to additional freight which shall be the same percentage of the freight | 298 |
| two of them shall be final, and for purpose of enforcing any award, this | 403 |
contracted for as the percentage which the extra distance represents to | 299 |
| agreement may be made a rule of the Court. The proceeding shall be | 404 |
the distance of the normal and customary route, the Owners having a lien | 300 |
| conducted in accordance with the rules of the Society of Maritime Arbitrators, | 405 |
on the cargo for such expenses and freight. | 301 |
| Inc. | 406 |
(4) If at any stage of the voyage after the loading of the cargo commences, it | 302 |
| For disputes where the total amount claimed by either party does not exceed | 407 |
appears that, in the reasonable judgement of the Master and/or the | 303 |
| the amount state in Box 25”” the arbitration shall be conducted in accordance | 408 |
Owners, the Vessel, her cargo, crew or other persons on board the Vessel | 304 |
| with the Shortened Arbitration Procedure of the Society of Maritime Arbitrators, | 409 |
may be, or are likely to be, exposed to War Risks on any part of the route | 305 |
| Inc., | 410 |
(including any canal or waterway) which is normally and customarily used | 306 |
| * (c) Any dispute arising out of this Charter Party shall be referred to arbitration at | 411 |
in a voyage of the nature contracted for, and there is another longer route | 307 |
| the place indicated in box 25, subject to the procedures applicable there. The | 412 |
to the discharging port, the Owners shall give notice to the Charterers that | 308 |
| laws of the place indicated in box 25 shall govern this Charter Party. | 413 |
this route will be taken. In this event the Owners shall be entitled, if the total | 309 |
| (d) If Box 25 in Part I is not filled in, sub-clause(a) of this Clause shall apply. | 414 |
extra distance exceeds 100 miles, to additional freight which shall be the | 310 |
| * (a), (b) and (c) are alternatives; indicate alternative agreed in box 25. | 415 |
same percentage of the freight contracted for as the percentage which the | 311 |
| ** Where no figure is supplied in box 25 in Part I, this provision only shall be void but | 416 |
extra distance represents to the distance of the normal and customary | 312 |
| the other provisions of this Clause shall have full force and remain in effect. | 417 |
route. | 313 |
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