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KNOW ALL MEN BY THESE PRESENTS:
– and –
WITNESSETH
WHEREAS, FIRST PARTY has available LCT-type 2,600 DWT deck barge, SMV
MOVERS, and tugboat MT SEAMINE 3 with its full complement of officers and
crew;
Name of Vessel : SMV Movers
Type of Vessel : Barge
Capacity : 2,600 DWT
Length Overall : 61.45 m
Breadth : 18.29 m
Depth : 3.66 m
GRT : 434.30
NRT : 434.30
Type of Stem : Ramp
Make : Steel
Ramp Length : 9.00 m
Ramp Opening : 5.20 m
Cargo Area : 16.45 m X 51.00 m
Name of Tug : MT Seamine 3
Engine : 2 units Caterpillar 3408TA
HP : 900 with turbo
Length Overall : 21.93m
Breadth : 6.70m
Depth : 3.0m
GRT : 118.00
NRT : 36.00
Type of Stem : Rake
Make : Steel
Fuel Consumption : 110 li/hr
WHEREAS, Second Party offers to voyage charter the above described set of barge
and tugboat while First Party accepted the offer and agreed to lease said vessels to
the former under the following terms and conditions:
1. VOYAGES: This voyage charter is to consist of ONE (1) voyage, from Port of
Manila to unloading ports of Tacloban City and Butuan City where Second Party
is to load vessels with fabricated steel within a total of two(2) working days
loading and two(2) working days in each unloading port.
2. VESSEL USAGE CONDITIONS:
V. Second Party shall use said vessels only for fabricated steel cargoes and for
no other purpose, and said vessels shall at all times remain within Philippine
coastwise waters;
V. Second Party shall use the vessels with their safety in mind and shall not
expose the vessels and her crew to unreasonable risks;
V. Second Party shall ensure that the vessels are provided with secured,
suitable and workable docking/ beaching area according to the required depth on
the vessel particulars and shall be solely responsible for any expenses incurred in the
swift facilitation on any alternative method of unloading employed within the time
allowed in this agreement.
V. First Party or the master of its tugboat shall have the option to refuse to load
unsafe cargo, to refuse to follow unsafe route and to refuse to engage in marine
rescue or salvage unless with the written consent of First Party;
3. COMPENSATION:
a.) The freight for the voyage shall be One Million Seven Hundred
Thousand Pesos (Php1,700,000 ) lumpsum rate. Remittance on the
following account numbers:
Bank name : Banco de Oro, Maasin Southern Leyte Branch
Account name: Leoncio Uy III
Account number: 6130067509
Bank name: Metrobank, Sogod Southern Leyte Branch
Account name: Leoncio Uy III
Account number: 007207001151
Demurrage of P70,000.00 per day or pro rata will be incurred in case loading
or unloading operations exceed the allowed time.
4. TERMS OF PAYMENT:
SECOND PARTY shall pay 50% DOWNPAYMENT of the total freight for the voyage
prior to the vessel sailing for load port and the balance upon loading. In all
cases, full freight shall be payable prior to unloading.
5. EXPENSES:
FOR THE ACCOUNT OF SECOND PARTY/CHARTERER:
• Wharfage, Arrastre and stevedoring charges;
• Port charges such as usage fees, wharfage, mooring charges, and pilotage,
• PCG / PPA SOP for clearances.
FOR THE ACCOUNT OF FIRST PARTY:
V. Fuel, Lube oil, and freshwater;
V. Daily subsistence, salaries, and wages of the vessel’s crew;
6. DAMAGE TO CHARTERED VESSELS:
SECOND PARTY shall reimburse FIRST PARTY for any damage to the vessel
inflicted or caused by SECONDPARTY’S fault;
1. INSURANCE ‐ cargo insurance shall be for sole account and responsibility of
SECOND PARTY;
2. ACCEPTED SHIPPING INDUSTRY STANDARDS and practice shall govern this
agreement including provisions not stipulated herein;
3. IN CASE OF court suit or legal action arising out of this agreement, the venue
shall be in the courts of Cebu City.
IN WITNESS WHEREOF, the parties hereby affixed their signatures on this 6th day of
January 2011.
First Party Second Party