PART II

"Gencon" Charter (As Revised 1922, 1976 and 1994)

1. It is agreed between the party mentioned in Box 3 as the Owners of the Vessel always work under the supervision of the Master.
named in Box 5, of the GT/NT indicated in Box 6 and carrying about the number (c) Stevedore Damage
of metric tons of deadweight capacity all told on summer loadline stated in Box The Charterers shall be responsible for damage (beyond ordinary wear and
7, now in position as stated in Box 8 and expected ready to load under this tear) to any part of the Vessel caused by Stevedores. Such damage shall be
Charter Party about the date indicated in Box 9, and the party mentioned as the notified as soon as reasonably possible by the Master to the Charterers or their
Charterers in Box 4 that: agents and to their Stevedores, failing which the Charterers shall not be held
The said Vessel shall, as soon as her prior commitments have been completed, responsible. The Master shall endeavour to obtain the Stevedores' written
proceed to the loading port(s) or place(s) stated in Box 10 or so near thereto as acknowledgement of liability.
she may safely get and lie always afloat, and there load a full and complete The Charterers are obliged to repair any stevedore damage prior to completion
cargo (if shipment of deck cargo agreed same to be at the Charterers' risk and of the voyage, but must repair stevedore damage affecting the Vessel's
responsibility) as stated in Box 12, which the Charterers bind themselves to seaworthiness or class before the Vessel sails from the port where such
ship, and being so loaded the Vessel shall proceed to the discharging port(s) or damage was caused or found. All additional expenses incurred shall be for the
place(s) stated in Box 11 as ordered on signing Bills of Lading, or so near account of the Charterers and any time lost shall be for the account of and shall
thereto as she may safely get and lie always afloat, and there deliver the cargo. be paid to the Owners by the Charterers at the demurrage rate.

2. Owners' Responsibility Clause 6. Laytime

The Owners are to be responsible for loss of or damage to the goods or for * (a) Separate laytime for loading and discharging
delay in delivery of the goods only in case the loss, damage or delay has been The cargo shall be loaded within the number of running days/hours as
caused by personal want of due diligence on the part of the Owners or their indicated in Box 16, weather permitting, Sundays and holidays excepted,
Manager to make the Vessel in all respects seaworthy and to secure that she is unless used, in which event time used shall count.
properly manned, equipped and supplied, or by the personal act or default of The cargo shall be discharged within the number of running days/hours as
the Owners or their Manager. indicated in Box 16, weather permitting, Sundays and holidays excepted,
And the Owners are not responsible for loss, damage or delay arising from any unless used, in which event time used shall count.
other cause whatsoever, even from the neglect or default of the Master or crew * (b) Total laytime for loading and discharging
or some other person employed by the Owners on board or ashore for whose The cargo shall be loaded and discharged within the number of total running
acts they would, but for this Clause, be responsible, or from unseaworthiness of days/hours as indicated in Box 16, weather permitting, Sundays and holidays
the Vessel on loading or commencement of the voyage or at any time excepted, unless used, in which event time used shall count.
whatsoever. (c) Commencement of laytime (loading and discharging)
Laytime for loading and discharging shall commence at 13.00 hours, if notice of
3. Deviation Clause readiness is given up to and including 12.00 hours, and at 06.00 hours next
The Vessel has liberty to call at any port or ports in any order, for any purpose, working day if notice given during office hours after 12.00 hours. Notice of
to sail without pilots, to tow and/or assist Vessels in all situations, and also to readiness at loading port to be given to the Shippers named in Box 17 or if not
deviate for the purpose of saving life and/or property. named, to the Charterers or their agents named in Box 18. Notice of readiness
at the discharging port to be given to the Receivers or, if not known, to the
4. Payment of Freight Charterers or their agents named in Box 19.
(a) The freight at the rate stated in Box 13 shall be paid in cash calculated on the If the loading/discharging berth is not available on the Vessel's arrival at or off
intaken quantity of cargo. the port of loading/discharging, the Vessel shall be entitled to give notice of
(b) Prepaid. If according to Box 13 freight is to be paid on shipment, it shall be readiness within ordinary office hours on arrival there, whether in free pratique
deemed earned and non-returnable, Vessel and/or cargo lost or not lost. or not, whether customs cleared or not. Laytime or time on demurrage shall
Neither the Owners nor their agents shall be required to sign or endorse bills of then count as if she were in berth and in all respects ready for loading/
lading showing freight prepaid unless the freight due to the Owners has discharging provided that the Master warrants that she is in fact ready in all
actually been paid. respects. Time used in moving from the place of waiting to the loading/
(c) On delivery. If according to Box 13 freight, or part thereof, is payable at discharging berth shall not count as laytime.
destination it shall not be deemed earned until the cargo is thus delivered. If, after inspection, the Vessel is found not to be ready in all respects to load/
Notwithstanding the provisions under (a), if freight or part thereof is payable on discharge time lost after the discovery thereof until the Vessel is again ready to
delivery of the cargo the Charterers shall have the option of paying the freight load/discharge shall not count as laytime.
on delivered weight/quantity provided such option is declared before breaking Time used before commencement of laytime shall count.
bulk and the weight/quantity can be ascertained by official weighing machine, * Indicate alternative (a) or (b) as agreed, in Box 16.
joint draft survey or tally.
Cash for Vessel's ordinary disbursements at the port of loading to be advanced 7. Demurrage
by the Charterers, if required, at highest current rate of exchange, subject to Demurrage at the loading and discharging port is payable by the Charterers at
two (2) per cent to cover insurance and other expenses. the rate stated in Box 20 in the manner stated in Box 20 per day or pro rata for
any part of a day. Demurrage shall fall due day by day and shall be payable
5. Loading/Discharging upon receipt of the Owners' invoice.
(a) Costs/Risks In the event the demurrage is not paid in accordance with the above, the
T he cargo shall be brought into the holds, loaded, stowed and/or trimmed, Owners shall give the Charterers 96 running hours written notice to rectify the
tallied, lashed and/or secured and taken from the holds and discharged by the failure. If the demurrage is not paid at the expiration of this time limit and if the
Charterers, free of any risk, liability and expense whatsoever to the Owners. vessel is in or at the loading port, the Owners are entitled at any time to
The Charterers shall provide and lay all dunnage material as required for the terminate the Charter Party and claim damages for any losses caused thereby.
proper stowage and protection of the cargo on board, the Owners allowing the
use of all dunnage available on board. The Charterers shall be responsible for 8. Lien Clause
and pay the cost of removing their dunnage after discharge of the cargo under The Owners shall have a lien on the cargo and on all sub-freights payable in
this Charter Party and time to count until dunnage has been removed. respect of the cargo, for freight, deadfreight, demurrage, claims for damages
(b) Cargo Handling Gear and for all other amounts due under this Charter Party including costs of
Unless the Vessel is gearless or unless it has been agreed between the parties recovering same.
that the Vessel's gear shall not be used and stated as such in Box 15, the
Owners shall throughout the duration of loading/discharging give free use of 9. Cancelling Clause
the Vessel's cargo handling gear and of sufficient motive power to operate all (a) Should the Vessel not be ready to load (whether in berth or not) on the
such cargo handling gear. All such equipment to be in good working order. cancelling date indicated in Box 21, the Charterers shall have the option of
Unless caused by negligence of the stevedores, time lost by breakdown of the cancelling this Charter Party.
Vessel's cargo handling gear or motive power - pro rata the total number of (b) Should the Owners anticipate that, despite the exercise of due diligence,
cranes/winches required at that time for the loading/discharging of cargo the Vessel will not be ready to load by the cancelling date, they shall notify the
under this Charter Party - shall not count as laytime or time on demurrage. Charterers thereof without delay stating the expected date of the Vessel's
On request the Owners shall provide free of charge cranemen/winchmen from readiness to load and asking whether the Charterers will exercise their option
the crew to operate the Vessel's cargo handling gear, unless local regulations of cancelling the Charter Party, or agree to a new cancelling date.
prohibit this, in which latter event shore labourers shall be for the account of the Such option must be declared by the Charterers within 48 running hours after
Charterers. Cranemen/winchmen shall be under the Charterers' risk and the receipt of the Owners' notice. If the Charterers do not exercise their option
responsibility and as stevedores to be deemed as their servants but shall of cancelling, then this Charter Party shall be deemed to be amended such that
 PART II
"Gencon" Charter (As Revised 1922, 1976 and 1994)

the seventh day after the new readiness date stated in the Owners' notification at any time during the voyage to the port or ports of loading or after her arrival
to the Charterers shall be the new cancelling date. there, the Master or the Owners may ask the Charterers to declare, that they
The provisions of sub-clause (b) of this Clause shall operate only once, and in agree to reckon the laydays as if there were no strike or lock-out. Unless the
case of the Vessel's further delay, the Charterers shall have the option of Charterers have given such declaration in writing (by telegram, if necessary)
cancelling the Charter Party as per sub-clause (a) of this Clause. within 24 hours, the Owners shall have the option of cancelling this Charter
Party. If part cargo has already been loaded, the Owners must proceed with
10. Bills of Lading same, (freight payable on loaded quantity only) having liberty to complete with
Bills of Lading shall be presented and signed by the Master as per the other cargo on the way for their own account.
"Congenbill" Bill of Lading form, Edition 1994, without prejudice to this Charter (b) If there is a strike or lock-out affecting or preventing the actual discharging
Party, or by the Owners' agents provided written authority has been given by of the cargo on or after the Vessel's arrival at or off port of discharge and same
Owners to the agents, a copy of which is to be furnished to the Charterers. The has not been settled within 48 hours, the Charterers shall have the option of
Charterers shall indemnify the Owners against all consequences or liabilities keeping the Vessel waiting until such strike or lock-out is at an end against
that may arise from the signing of bills of lading as presented to the extent that paying half demurrage after expiration of the time provided for discharging
the terms or contents of such bills of lading impose or result in the imposition of until the strike or lock-out terminates and thereafter full demurrage shall be
more onerous liabilities upon the Owners than those assumed by the Owners payable until the completion of discharging, or of ordering the Vessel to a safe
under this Charter Party. port where she can safely discharge without risk of being detained by strike or
lock-out. Such orders to be given within 48 hours after the Master or the
11. Both-to-Blame Collision Clause Owners have given notice to the Charterers of the strike or lock-out affecting
If the Vessel comes into collision with another vessel as a result of the the discharge. On delivery of the cargo at such port, all conditions of this
negligence of the other vessel and any act, neglect or default of the Master, Charter Party and of the Bill of Lading shall apply and the Vessel shall receive
Mariner, Pilot or the servants of the Owners in the navigation or in the the same freight as if she had discharged at the original port of destination,
management of the Vessel, the owners of the cargo carried hereunder will except that if the distance to the substituted port exceeds 100 nautical miles,
indemnify the Owners against all loss or liability to the other or non-carrying the freight on the cargo delivered at the substituted port to be increased in
vessel or her owners in so far as such loss or liability represents loss of, or proportion.
damage to, or any claim whatsoever of the owners of said cargo, paid or (c) Except for the obligations described above, neither the Charterers nor the
payable by the other or non-carrying vessel or her owners to the owners of said Owners shall be responsible for the consequences of any strikes or lock-outs
cargo and set-off, recouped or recovered by the other or non-carrying vessel preventing or affecting the actual loading or discharging of the cargo.
or her owners as part of their claim against the carrying Vessel or the Owners.
The foregoing provisions shall also apply where the owners, operators or those 17. War Risks ("Voywar 1993")
in charge of any vessel or vessels or objects other than, or in addition to, the (1) For the purpose of this Clause, the words:
colliding vessels or objects are at fault in respect of a collision or contact. (a) The "Owners" shall include the shipowners, bareboat charterers,
disponent owners, managers or other operators who are charged with the
12. General Average and New Jason Clause management of the Vessel, and the Master; and
General Average shall be adjusted in London unless otherwise agreed in Box (b) "War Risks" shall include any war (whether actual or threatened), act of
22 according to York-Antwerp Rules 1994 and any subsequent modification war, civil war, hostilities, revolution, rebellion, civil commotion, warlike
thereof. Proprietors of cargo to pay the cargo's share in the general expenses operations, the laying of mines (whether actual or reported), acts of piracy,
even if same have been necessitated through neglect or default of the Owners' acts of terrorists, acts of hostility or malicious damage, blockades
servants (see Clause 2). (whether imposed against all Vessels or imposed selectively against
If General Average is to be adjusted in accordance with the law and practice of Vessels of certain flags or ownership, or against certain cargoes or crews
the United States of America, the following Clause shall apply: "In the event of or otherwise howsoever), by any person, body, terrorist or political group,
accident, danger, damage or disaster before or after the commencement of the or the Government of any state whatsoever, which, in the reasonable
voyage, resulting from any cause whatsoever, whether due to negligence or judgement of the Master and/or the Owners, may be dangerous or are
not, for which, or for the consequence of which, the Owners are not likely to be or to become dangerous to the Vessel, her cargo, crew or other
responsible, by statute, contract or otherwise, the cargo shippers, consignees persons on board the Vessel.
or the owners of the cargo shall contribute with the Owners in General Average (2) If at any time before the Vessel commences loading, it appears that, in the
to the payment of any sacrifices, losses or expenses of a General Average reasonable judgement of the Master and/or the Owners, performance of
nature that may be made or incurred and shall pay salvage and special charges the Contract of Carriage, or any part of it, may expose, or is likely to expose,
incurred in respect of the cargo. If a salving vessel is owned or operated by the the Vessel, her cargo, crew or other persons on board the Vessel to War
Owners, salvage shall be paid for as fully as if the said salving vessel or vessels Risks, the Owners may give notice to the Charterers cancelling this
belonged to strangers. Such deposit as the Owners, or their agents, may deem Contract of Carriage, or may refuse to perform such part of it as may
sufficient to cover the estimated contribution of the goods and any salvage and expose, or may be likely to expose, the Vessel, her cargo, crew or other
special charges thereon shall, if required, be made by the cargo, shippers, persons on board the Vessel to War Risks; provided always that if this
consignees or owners of the goods to the Owners before delivery.". Contract of Carriage provides that loading or discharging is to take place
within a range of ports, and at the port or ports nominated by the Charterers
13. Taxes and Dues Clause the Vessel, her cargo, crew, or other persons onboard the Vessel may be
(a) On Vessel -The Owners shall pay all dues, charges and taxes customarily exposed, or may be likely to be exposed, to War Risks, the Owners shall
levied on the Vessel, howsoever the amount thereof may be assessed. first require the Charterers to nominate any other safe port which lies
(b) On cargo -The Charterers shall pay all dues, charges, duties and taxes within the range for loading or discharging, and may only cancel this
customarily levied on the cargo, howsoever the amount thereof may be Contract of Carriage if the Charterers shall not have nominated such safe
assessed. port or ports within 48 hours of receipt of notice of such requirement.
(c) On freight -Unless otherwise agreed in Box 23, taxes levied on the freight (3) The Owners shall not be required to continue to load cargo for any voyage,
shall be for the Charterers' account. or to sign Bills of Lading for any port or place, or to proceed or continue on
any voyage, or on any part thereof, or to proceed through any canal or
14. Agency waterway, or to proceed to or remain at any port or place whatsoever,
In every case the Owners shall appoint their own Agent both at the port of where it appears, either after the loading of the cargo commences, or at
loading and the port of discharge. any stage of the voyage thereafter before the discharge of the cargo is
completed, that, in the reasonable judgement of the Master and/or the
15. Brokerage Owners, the Vessel, her cargo (or any part thereof), crew or other persons
A brokerage commission at the rate stated in Box 24 on the freight, dead-freight on board the Vessel (or any one or more of them) may be, or are likely to be,
and demurrage earned is due to the party mentioned in Box 24. exposed to War Risks. If it should so appear, the Owners may by notice
In case of non-execution 1/3 of the brokerage on the estimated amount of request the Charterers to nominate a safe port for the discharge of the
freight to be paid by the party responsible for such non-execution to the cargo or any part thereof, and if within 48 hours of the receipt of such
Brokers as indemnity for the latter's expenses and work. In case of more notice, the Charterers shall not have nominated such a port, the Owners
voyages the amount of indemnity to be agreed. may discharge the cargo at any safe port of their choice (including the port
of loading) in complete fulfilment of the Contract of Carriage. The Owners
16. General Strike Clause shall be entitled to recover from the Charterers the extra expenses of such
(a) If there is a strike or lock-out affecting or preventing the actual loading of the discharge and, if the discharge takes place at any port other than the
cargo, or any part of it, when the Vessel is ready to proceed from her last port or loading port, to receive the full freight as though the cargo had been
 PART II
"Gencon" Charter (As Revised 1922, 1976 and 1994)

carried to the discharging port and if the extra distance exceeds 100 miles, of destination.
to additional freight which shall be the same percentage of the freight (b) If during discharging the Master for fear of the Vessel being frozen in deems
contracted for as the percentage which the extra distance represents to it advisable to leave, he has liberty to do so with what cargo he has on board and
the distance of the normal and customary route, the Owners having a lien to proceed to the nearest accessible port where she can safely discharge.
on the cargo for such expenses and freight. (c) On delivery of the cargo at such port, all conditions of the Bill of Lading shall
(4) If at any stage of the voyage after the loading of the cargo commences, it apply and the Vessel shall receive the same freight as if she had discharged at
appears that, in the reasonable judgement of the Master and/or the the original port of destination, except that if the distance of the substituted port
Owners, the Vessel, her cargo, crew or other persons on board the Vessel exceeds 100 nautical miles, the freight on the cargo delivered at the substituted
may be, or are likely to be, exposed to War Risks on any part of the route port to be increased in proportion.
(including any canal or waterway) which is normally and customarily used
in a voyage of the nature contracted for, and there is another longer route 19. Law and Arbitration
to the discharging port, the Owners shall give notice to the Charterers that * (a) This Charter Party shall be governed by and construed in accordance with
this route will be taken. In this event the Owners shall be entitled, if the total English law and any dispute arising out of this Charter Party shall be referred to
extra distance exceeds 100 miles, to additional freight which shall be the arbitration in London in accordance with the Arbitration Acts 1950 and 1979 or
same percentage of the freight contracted for as the percentage which the any statutory modification or re-enactment thereof for the time being in force.
extra distance represents to the distance of the normal and customary Unless the parties agree upon a sole arbitrator, one arbitrator shall be
route. appointed by each party and the arbitrators so appointed shall appoint a third
(5) The Vessel shall have liberty:- arbitrator, the decision of the three-man tribunal thus constituted or any two of
(a) to comply with all orders, directions, recommendations or advice as to them, shall be final. On the receipt by one party of the nomination in writing of
departure, arrival, routes, sailing in convoy, ports of call, stoppages, the other party's arbitrator, that party shall appoint their arbitrator within
destinations, discharge of cargo, delivery or in any way whatsoever which fourteen days, failing which the decision of the single arbitrator appointed shall
are given by the Government of the Nation under whose flag the Vessel be final.
sails, or other Government to whose laws the Owners are subject, or any For disputes where the total amount claimed by either party does not exceed
other Government which so requires, or any body or group acting with the the amount stated in Box 25** the arbitration shall be conducted in accordance
power to compel compliance with their orders or directions; with the Small Claims Procedure of the London Maritime Arbitrators
(b) to comply with the orders, directions or recommendations of any war Association.
risks underwriters who have the authority to give the same under the terms * (b) This Charter Party shall be governed by and construed in accordance with
of the war risks insurance; Title 9 of the United States Code and the Maritime Law of the United States and
(c) to comply with the terms of any resolution of the Security Council of the should any dispute arise out of this Charter Party, the matter in dispute shall be
United Nations, any directives of the European Community, the effective referred to three persons at New York, one to be appointed by each of the
orders of any other Supranational body which has the right to issue and parties hereto, and the third by the two so chosen; their decision or that of any
give the same, and with national laws aimed at enforcing the same to which two of them shall be final, and for purpose of enforcing any award, this
the Owners are subject, and to obey the orders and directions of those who agreement may be made a rule of the Court. The proceedings shall be
are charged with their enforcement; conducted in accordance with the rules of the Society of Maritime Arbitrators,
(d) to discharge at any other port any cargo or part thereof which may Inc..
render the Vessel liable to confiscation as a contraband carrier; For disputes where the total amount claimed by either party does not exceed
(e) to call at any other port to change the crew or any part thereof or other the amount stated in Box 25** the arbitration shall be conducted in accordance
persons on board the Vessel when there is reason to believe that they may with the Shortened Arbitration Procedure of the Society of Maritime Arbitrators,
be subject to internment, imprisonment or other sanctions; Inc..
(f) where cargo has not been loaded or has been discharged by the * (c) Any dispute arising out of this Charter Party shall be referred to arbitration at
Owners under any provisions of this Clause, to load other cargo for the the place indicated in Box 25, subject to the procedures applicable there. The
Owners' own benefit and carry it to any other port or ports whatsoever, laws of the place indicated in Box 25 shall govern this Charter Party.
whether backwards or forwards or in a contrary direction to the ordinary or (d) If Box 25 in Part 1 is not filled in, sub-clause (a) of this Clause shall apply.
customary route. * (a), (b) and (c) are alternatives; indicate alternative agreed in Box 25.
(6) If in compliance with any of the provisions of sub-clauses (2) to (5) of this ** Where no figure is supplied in Box 25 in Part 1, this provision only shall be void but
Clause anything is done or not done, such shall not be deemed to be a the other provisions of this Clause shall have full force and remain in effect.
deviation, but shall be considered as due fulfilment of the Contract of
Carriage.

18. General Ice Clause

Port of loading
(a) In the event of the loading port being inaccessible by reason of ice when the
Vessel is ready to proceed from her last port or at any time during the voyage or
on the Vessel's arrival or in case frost sets in after the Vessel's arrival, the
Master for fear of being frozen in is at liberty to leave without cargo, and this
Charter Party shall be null and void.
(b) If during loading the Master, for fear of the Vessel being frozen in, deems it
advisable to leave, he has liberty to do so with what cargo he has on board and
to proceed to any other port or ports with option of completing cargo for the
Owners' benefit for any port or ports including port of discharge. Any part
cargo thus loaded under this Charter Party to be forwarded to destination at the
Vessel's expense but against payment of freight, provided that no extra
expenses be thereby caused to the Charterers, freight being paid on quantity
delivered (in proportion if lumpsum), all other conditions as per this Charter
Party.
(c) In case of more than one loading port, and if one or more of the ports are
closed by ice, the Master or the Owners to be at liberty either to load the part
cargo at the open port and fill up elsewhere for their own account as under
section (b) or to declare the Charter Party null and void unless the Charterers
agree to load full cargo at the open port.

Port of discharge
(a) Should ice prevent the Vessel from reaching port of discharge the
Charterers shall have the option of keeping the Vessel waiting until the re-
opening of navigation and paying demurrage or of ordering the Vessel to a safe
and immediately accessible port where she can safely discharge without risk of
detention by ice. Such orders to be given within 48 hours after the Master or the
Owners have given notice to the Charterers of the impossibility of reaching port