Professional Documents
Culture Documents
1. It is agreed between the party mentioned in Box 3 as 1 always work under the supervision of the Master. 7
the Owners of the Vessel 2 (c) Stevedore Damage 5
named in Box 5, of the GT/NT indicated in Box 6 and 3 The Charterers shall be responsible for damage (beyond ordinary
7
carrying about the number 4 wear and 6
of metric tons of deadweight capacity all told on 5 tear) to any part of the Vessel caused by Stevedores. Such 7
summer loadline stated in Box 6 damage shall be 7
7, now in position as stated in Box 8 and expected ready 7 notified as soon as reasonably possible by the Master to the 7
to load under this 8 Charterers or their 8
Charter Party about the date indicated in Box 9, and the 9 agents and to their Stevedores, failing which the Charterers shall
7
party mentioned as the 10 not be held 9
Charterers in Box 4 that: 11 responsible. The Master shall endeavour to obtain the 8
The said Vessel shall, as soon as her prior commitments 12 Stevedores' written 0
have been completed, 13 acknowledgement of liability. 8
proceed to the loading port(s) or place(s) stated in Box 14 The Charterers are obliged to repair any stevedore damage prior
1
10 or so near thereto as to completion 8
she may safely get and lie always afloat, and there load of the voyage, but must repair stevedore damage affecting the 2
a full and complete Vessel's 8
cargo (if shipment of deck cargo agreed same to be at seaworthiness or class before the Vessel sails from the port 3
the Charterers' risk and where such 8
responsibility) as stated in Box 12, which the Charterers damage was caused or found. All additional expenses incurred4
bind themselves to shall be for the 8
ship, and being so loaded the Vessel shall proceed to account of the Charterers and any time lost shall be for the 5
the discharging port(s) or account of and shall 8
place(s) stated in Box 11 as ordered on signing Bills of be paid to the Owners by the Charterers at the demurrage rate.6
Lading, or so near 8
thereto as she may safely get and lie always afloat, and 7
there deliver the cargo. 8
8
PART II
"Gencon" Charter (As Revised 1922, 1976 and 1994)
the seventh day after the new readiness date stated in 14 at any time during the voyage to the port or ports of 2
the Owners' notification 9 loading or after her arrival 2
to the Charterers shall be the new cancelling date. 15 there, the Master or the Owners may ask the Charterers to 0
The provisions of sub-clause (b) of this Clause shall 0 declare, that they 2
operate only once, and in 15 agree to reckon the laydays as if there were no strike or 2
case of the Vessel's further delay, the Charterers shall 1 lock-out. Unless the 1
have the option of 15 Charterers have given such declaration in writing (by 2
cancelling the Charter Party as per sub-clause (a) of this 2 telegram, if necessary) 2
Clause. 15 within 24 hours, the Owners shall have the option of 2
3 cancelling this Charter 2
10. Bills of Lading Party. If part cargo has already been loaded, the Owners 2
Bills of Lading shall be presented and signed by the 15 must proceed with 3
Master as per the 4 same, (freight payable on loaded quantity only) having 2
"Congenbill" Bill of Lading form, Edition 1994, without 15 liberty to complete with 2
prejudice to this Charter 5 other cargo on the way for their own account. 4
Party, or by the Owners' agents provided written 15 (b) If there is a strike or lock-out affecting or preventing the 2
authority has been given by 6 actual discharging 2
Owners to the agents, a copy of which is to be furnished 15 of the cargo on or after the Vessel's arrival at or off port of 5
to the Charterers. The 7 discharge and same 2
Charterers shall indemnify the Owners against all 15 has not been settled within 48 hours, the Charterers shall 2
consequences or liabilities 8 have the option of 6
that may arise from the signing of bills of lading as 15 keeping the Vessel waiting until such strike or lock-out is at 2
presented to the extent that 9 an end against 2
the terms or contents of such bills of lading impose or 16 paying half demurrage after expiration of the time 7
result in the imposition of 0 provided for discharging 2
more onerous liabilities upon the Owners than those 16 until the strike or lock-out terminates and thereafter full 2
assumed by the Owners 1 demurrage shall be 8
under this Charter Party. 16 payable until the completion of discharging, or of ordering 2
2 the Vessel to a safe 2
11. Both-to-Blame Collision Clause 16 port where she can safely discharge without risk of being 9
If the Vessel comes into collision with another vessel as 3 detained by strike or 2
a result of the lock-out. Such orders to be given within 48 hours after the 3
negligence of the other vessel and any act, neglect or 16 Master or the 0
default of the Master, 4 Owners have given notice to the Charterers of the strike or 2
Mariner, Pilot or the servants of the Owners in the 16 lock-out affecting 3
navigation or in the 5 the discharge. On delivery of the cargo at such port, all 1
management of the Vessel, the owners of the cargo 16 conditions of this 2
carried hereunder will 6 Charter Party and of the Bill of Lading shall apply and the 3
indemnify the Owners against all loss or liability to the 16 Vessel shall receive 2
other or non-carrying 7 the same freight as if she had discharged at the original 2
vessel or her owners in so far as such loss or liability 16 port of destination, 3
represents loss of, or 8 except that if the distance to the substituted port exceeds 3
damage to, or any claim whatsoever of the owners of 16 100 nautical miles, 2
said cargo, paid or 9 the freight on the cargo delivered at the substituted port 3
payable by the other or non-carrying vessel or her 17 to be increased in 4
owners to the owners of said 0 proportion. 2
cargo and set-off, recouped or recovered by the other or 17 (c) Except for the obligations described above, neither the 3
non-carrying vessel 1 Charterers nor the 5
or her owners as part of their claim against the carrying 17 Owners shall be responsible for the consequences of any 2
Vessel or the Owners. 2 strikes or lock-outs 3
The foregoing provisions shall also apply where the 17 preventing or affecting the actual loading or discharging of 6
owners, operators or those 3 the cargo. 2
in charge of any vessel or vessels or objects other than, 17 3
or in addition to, the 4 17. War Risks ("Voywar 1993") 7
colliding vessels or objects are at fault in respect of a 17 (1) For the purpose of this Clause, the words: 2
collision or contact. 5 (a) The "Owners" shall include the shipowners, bareboat 3
17 charterers, 8
12. General Average and New Jason Clause 6 disponent owners, managers or other operators who are 2
General Average shall be adjusted in London unless 17 charged with the 3
otherwise agreed in Box 7 management of the Vessel, and the Master; and 9
22 according to York-Antwerp Rules 1994 and any (b) "War Risks" shall include any war (whether actual or 2
subsequent modification 17 threatened), act of 4
thereof. Proprietors of cargo to pay the cargo's share in 8 war, civil war, hostilities, revolution, rebellion, civil 0
the general expenses 17 commotion, warlike 2
even if same have been necessitated through neglect or 9 operations, the laying of mines (whether actual or 4
default of the Owners' 18 reported), acts of piracy, 1
servants (see Clause 2). 0 acts of terrorists, acts of hostility or malicious damage, 2
If General Average is to be adjusted in accordance with 18 blockades 4
the law and practice of 1 (whether imposed against all Vessels or imposed 2
the United States of America, the following Clause shall 18 selectively against 2
apply: "In the event of 2 Vessels of certain flags or ownership, or against certain 4
accident, danger, damage or disaster before or after the 18 cargoes or crews 3
commencement of the 3 or otherwise howsoever), by any person, body, terrorist or 2
voyage, resulting from any cause whatsoever, whether 18 political group, 4
due to negligence or 4 or the Government of any state whatsoever, which, in the 4
not, for which, or for the consequence of which, the 18 reasonable 2
Owners are not 5 judgement of the Master and/or the Owners, may be 4
responsible, by statute, contract or otherwise, the cargo 18 dangerous or are 5
shippers, consignees 6 likely to be or to become dangerous to the Vessel, her 2
or the owners of the cargo shall contribute with the 18 cargo, crew or other 4
Owners in General Average 7 persons on board the Vessel. 6
to the payment of any sacrifices, losses or expenses of a 18 (2) If at any time before the Vessel commences loading, it
General Average 8 appears that, in the 2
nature that may be made or incurred and shall pay 18 reasonable judgement of the Master and/or the Owners, 4
salvage and special charges 9 performance of 7
incurred in respect of the cargo. If a salving vessel is 19 the Contract of Carriage, or any part of it, may expose, or 2
owned or operated by the 0 is likely to expose, 4
Owners, salvage shall be paid for as fully as if the said 19 the Vessel, her cargo, crew or other persons on board the 8
salving vessel or vessels 1 Vessel to War 2
belonged to strangers. Such deposit as the Owners, or 19 Risks, the Owners may give notice to the Charterers 4
their agents, may deem 2 cancelling this 9
sufficient to cover the estimated contribution of the 19 Contract of Carriage, or may refuse to perform such part of 2
goods and any salvage and 3 it as may 5
special charges thereon shall, if required, be made by 19 expose, or may be likely to expose, the Vessel, her cargo, 0
the cargo, shippers, 4 crew or other 2
consignees or owners of the goods to the Owners before 19 persons on board the Vessel to War Risks; provided always 5
delivery.". 5 that if this 1
19 Contract of Carriage provides that loading or discharging is 2
13. Taxes and Dues Clause 6 to take place 5
(a) On Vessel -The Owners shall pay all dues, charges and 19 within a range of ports, and at the port or ports nominated 2
taxes customarily 7 by the Charterers 2
levied on the Vessel, howsoever the amount thereof 19 the Vessel, her cargo, crew, or other persons onboard the 5
may be assessed. 8 Vessel may be 3
(b) On cargo -The Charterers shall pay all dues, charges, exposed, or may be likely to be exposed, to War Risks, the 2
duties and taxes 19 Owners shall 5
customarily levied on the cargo, howsoever the amount 9 first require the Charterers to nominate any other safe port 4
thereof may be 20 which lies 2
assessed. 0 within the range for loading or discharging, and may only 5
(c) On freight -Unless otherwise agreed in Box 23, taxes 20 cancel this 5
levied on the freight 1 Contract of Carriage if the Charterers shall not have 2
shall be for the Charterers' account. 20 nominated such safe 5
2 port or ports within 48 hours of receipt of notice of such 6
14. Agency 20 requirement. 2
In every case the Owners shall appoint their own Agent 3 (3) The Owners shall not be required to continue to load 5
both at the port of 20 cargo for any voyage, 7
loading and the port of discharge. 4 or to sign Bills of Lading for any port or place, or to 2
20 proceed or continue on 5
15. Brokerage 5 any voyage, or on any part thereof, or to proceed through 8
A brokerage commission at the rate stated in Box 24 on 20 any canal or 2
the freight, dead-freight 6 waterway, or to proceed to or remain at any port or place 5
and demurrage earned is due to the party mentioned in whatsoever, 9
Box 24. 20 where it appears, either after the loading of the cargo 2
In case of non-execution 1/3 of the brokerage on the 7 commences, or at 6
estimated amount of 20 any stage of the voyage thereafter before the discharge of 0
freight to be paid by the party responsible for such non- 8 the cargo is 2
execution to the 20 completed, that, in the reasonable judgement of the 6
Brokers as indemnity for the latter's expenses and work. 9 Master and/or the 1
In case of more Owners, the Vessel, her cargo (or any part thereof), crew 2
voyages the amount of indemnity to be agreed. 21 or other persons 6
0 on board the Vessel (or any one or more of them) may be, 2
16. General Strike Clause 21 or are likely to be, 2
(a) If there is a strike or lock-out affecting or preventing the 1 exposed to War Risks. If it should so appear, the Owners 6
actual loading of the 21 may by notice 3
cargo, or any part of it, when the Vessel is ready to 2 request the Charterers to nominate a safe port for the 2
proceed from her last port or 21 discharge of the 6
3 cargo or any part thereof, and if within 48 hours of the 4
21 receipt of such 2
4 notice, the Charterers shall not have nominated such a 6
21 port, the Owners 5
5 may discharge the cargo at any safe port of their choice 2
21 (including the port 6
6 of loading) in complete fulfilment of the Contract of 6
Carriage. The Owners 2
21 shall be entitled to recover from the Charterers the extra 6
7 expenses of such 7
21 discharge and, if the discharge takes place at any port 2
8 other than the 6
21 loading port, to receive the full freight as though the cargo had
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9 been 2
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2
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2
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2
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2
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2
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8
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2
9
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1
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2
2
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2
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2
9
5
2
9
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This computer generated form is printed by authority of BIMCO. Any insertion or deletion to the form must be clearly visible. In event of any modification being made to the preprinted text of this document, which is
not clearly visible, the original BIMCO approved document shall apply. BIMCO assume no responsibility for any loss or damage caused as a result of discrepancies between the original BIMCO document and this
document.
PART II
"Gencon" Charter (As Revised 1922, 1976 and 1994)
carried to the discharging port and if the extra 29 of destination. 3
distance exceeds 100 miles, 7 (b) If during discharging the Master for fear of the Vessel being 7
to additional freight which shall be the same 29 frozen in deems 3
percentage of the freight 8 it advisable to leave, he has liberty to do so with what cargo 3
contracted for as the percentage which the extra 29 he has on board and 7
distance represents to 9 to proceed to the nearest accessible port where she can 4
the distance of the normal and customary route, the 30 safely discharge. 3
Owners having a lien 0 (c) On delivery of the cargo at such port, all conditions of the 7
on the cargo for such expenses and freight. 30 Bill of Lading shall 5
(4) If at any stage of the voyage after the loading of the 1 apply and the Vessel shall receive the same freight as if she 3
cargo commences, it 30 had discharged at 7
appears that, in the reasonable judgement of the 2 the original port of destination, except that if the distance of 6
Master and/or the 30 the substituted port 3
Owners, the Vessel, her cargo, crew or other persons 3 exceeds 100 nautical miles, the freight on the cargo 7
on board the Vessel 30 delivered at the substituted 7
may be, or are likely to be, exposed to War Risks on 4 port to be increased in proportion. 3
any part of the route 30 19. Law and Arbitration 7
(including any canal or waterway) which is normally 5 (a) This Charter Party shall be governed by and construed in 8
and customarily used 30 accordance with * 3
in a voyage of the nature contracted for, and there is 6 English law and any dispute arising out of this Charter Party 7
another longer route 30 shall be referred to 9
to the discharging port, the Owners shall give notice 7 arbitration in London in accordance with the Arbitration Acts 3
to the Charterers that 30 1950 and 1979 or 8
this route will be taken. In this event the Owners shall 8 any statutory modification or re-enactment thereof for the 0
be entitled, if the total 30 time being in force. 3
extra distance exceeds 100 miles, to additional freight 9 Unless the parties agree upon a sole arbitrator, one 8
which shall be the 31 arbitrator shall be 1
same percentage of the freight contracted for as the 0 appointed by each party and the arbitrators so appointed 3
percentage which the 31 shall appoint a third 8
extra distance represents to the distance of the 1 arbitrator, the decision of the three-man tribunal thus 2
normal and customary 31 constituted or any two of 3
route. 2 them, shall be final. On the receipt by one party of the 8
(5) The Vessel shall have liberty:- 31 nomination in writing of 3
(a) to comply with all orders, directions, 3 the other party's arbitrator, that party shall appoint their 3
recommendations or advice as to 31 arbitrator within 8
departure, arrival, routes, sailing in convoy, ports of 4 fourteen days, failing which the decision of the single 4
call, stoppages, 31 arbitrator appointed shall 3
destinations, discharge of cargo, delivery or in any 5 be final. 8
way whatsoever which 31 For disputes where the total amount claimed by either party 5
are given by the Government of the Nation under 6 does not exceed 3
whose flag the Vessel 31 the amount stated in Box 25** the arbitration shall be 8
sails, or other Government to whose laws the Owners 7 conducted in accordance 6
are subject, or any 31 with the Small Claims Procedure of the London Maritime 3
other Government which so requires, or any body or 8 Arbitrators 8
group acting with the 31 Association. 7
power to compel compliance with their orders or 9 (b) This Charter Party shall be governed by and construed in 3
directions; 32 accordance with * 8
(b) to comply with the orders, directions or 0 Title 9 of the United States Code and the Maritime Law of the 8
recommendations of any war 32 United States and 3
risks underwriters who have the authority to give the 1 should any dispute arise out of this Charter Party, the matter 8
same under the terms 32 in dispute shall be 9
of the war risks insurance; 2 referred to three persons at New York, one to be appointed 3
(c) to comply with the terms of any resolution of the 32 by each of the 9
Security Council of the 3 parties hereto, and the third by the two so chosen; their 0
United Nations, any directives of the European 32 decision or that of any 3
Community, the effective 4 two of them shall be final, and for purpose of enforcing any 9
orders of any other Supranational body which has the 32 award, this 1
right to issue and 5 agreement may be made a rule of the Court. The 3
give the same, and with national laws aimed at 32 proceedings shall be 9
enforcing the same to which 6 conducted in accordance with the rules of the Society of 2
the Owners are subject, and to obey the orders and 32 Maritime Arbitrators, 3
directions of those who 7 Inc.. 9
are charged with their enforcement; 32 For disputes where the total amount claimed by either party 3
(d) to discharge at any other port any cargo or part 8 does not exceed 3
thereof which may 32 the amount stated in Box 25** the arbitration shall be 9
render the Vessel liable to confiscation as a 9 conducted in accordance 4
contraband carrier; 33 with the Shortened Arbitration Procedure of the Society of 3
(e) to call at any other port to change the crew or any 0 Maritime Arbitrators, 9
part thereof or other 33 Inc.. 5
persons on board the Vessel when there is reason to 1 (c) Any dispute arising out of this Charter Party shall be 3
believe that they may 33 referred to arbitration at * 9
be subject to internment, imprisonment or other 2 the place indicated in Box 25, subject to the procedures 6
sanctions; 33 applicable there. The 3
(f) where cargo has not been loaded or has been 3 laws of the place indicated in Box 25 shall govern this 9
discharged by the 33 Charter Party. 7
Owners under any provisions of this Clause, to load 4 (d) If Box 25 in Part 1 is not filled in, sub-clause (a) of this 3
other cargo for the 33 Clause shall apply. 9
Owners' own benefit and carry it to any other port or 5 (a), (b) and (c) are alternatives; indicate alternative agreed 8
ports whatsoever, 33 in Box 25. * 3
whether backwards or forwards or in a contrary 6 Where no figure is supplied in Box 25 in Part 1, this provision 9
direction to the ordinary or 33 only shall be void but ** 9
customary route. 7 the other provisions of this Clause shall have full force and 4
(6) If in compliance with any of the provisions of sub- 33 remain in effect. 0
clauses (2) to (5) of this 8 0
Clause anything is done or not done, such shall not be 33 4
deemed to be a 9 0
deviation, but shall be considered as due fulfilment of 34 1
the Contract of 0 4
Carriage. 34 0
1 2
18. General Ice Clause 34 4
Port of loading 2 0
(a) In the event of the loading port being inaccessible by 34 3
reason of ice when the 3 4
Vessel is ready to proceed from her last port or at any 34 0
time during the voyage or 4 4
on the Vessel's arrival or in case frost sets in after the 4
Vessel's arrival, the 34 0
Master for fear of being frozen in is at liberty to leave 5 5
without cargo, and this 34 4
Charter Party shall be null and void. 6 0
(b) If during loading the Master, for fear of the Vessel 34 6
being frozen in, deems it 7 4
advisable to leave, he has liberty to do so with what 34 0
cargo he has on board and 8 7
to proceed to any other port or ports with option of 34 4
completing cargo for the 9 0
Owners' benefit for any port or ports including port of 35 8
discharge. Any part 0 4
cargo thus loaded under this Charter Party to be 35 0
forwarded to destination at the 1 9
Vessel's expense but against payment of freight, 35 4
provided that no extra 2 1
expenses be thereby caused to the Charterers, freight 35 0
being paid on quantity 3 4
delivered (in proportion if lumpsum), all other conditions 35 1
as per this Charter 4 1
Party. 35 4
(c) In case of more than one loading port, and if one or 5 1
more of the ports are 35 2
closed by ice, the Master or the Owners to be at liberty 6 4
either to load the part 35 1
cargo at the open port and fill up elsewhere for their own 7 3
account as under 35 4
section (b) or to declare the Charter Party null and void 8 1
unless the Charterers 35 4
agree to load full cargo at the open port. 9 4
Port of discharge 36 1
(a) Should ice prevent the Vessel from reaching port of 0 5
discharge the 36 4
Charterers shall have the option of keeping the Vessel 1 1
waiting until the re- 36 6
opening of navigation and paying demurrage or of 2
ordering the Vessel to a safe 36 4
and immediately accessible port where she can safely 3 1
discharge without risk of 36 7
detention by ice. Such orders to be given within 48 hours 4
after the Master or the 36
Owners have given notice to the Charterers of the 5
impossibility of reaching port 36
6
36
7
36
8
36
9
37
0
37
1
37
2
This computer generated form is printed by authority of BIMCO. Any insertion or deletion to the form must be clearly visible. In event of any modification being made to the preprinted text of this document, which is
not clearly visible, the original BIMCO approved document shall apply. BIMCO assume no responsibility for any loss or damage caused as a result of discrepancies between the original BIMCO document and this
document.