Sample Copy GRAINCON
Sample Copy GRAINCON
Sample Copy GRAINCON
10
BIMCO, Copenhagen
of ______ Charterers. 11
*Delete as appropriate 12
1. Loading Port(s) 13
That the said Vessel, being tight, staunch, strong and in every way fit for the voyage, shall with all due despatch proceed to 14
the port(s) of ______ or 15
alternatively safe port(s) within the range ______ and there load 16
at ______ safe loading berth(s) and/or safe anchorage(s) in the Charterers’ option, 17
always afloat, a full and complete cargo*/part cargo*/quantity* of ______ (commodity) in bulk of 18
______metric tons ______ percent more or less, quantity at the Owners’ option.
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19
*Delete as appropriate. 20
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2. Notice and Loading Port Orders 21
The Master or the Owners shall give the Charterers or their Agents in writing at ______ 22
______(contact address) 23
15 and 7 days notice of the Vessel’s expected readiness to load date, and approximate quantity of cargo required with 24
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the 15 days notice, such quantity to be based on a cargo of Heavy Grain, unless the cargo composition has been 25
declared or indicated. 26
The Charterers are to be kept continuously advised by telex/fax of any alteration in the Vessel’s readiness to load date. 27
Master to apply to the contact address for first or sole loading port orders 6 days before Vessel’s expected readiness to load 28
date but not sooner than 6 days before the laydays in Clause 4 and Charterers or their Agents are to give orders for first or sole 29
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loading port within three days of receipt of Master’s application. If the Charterers fail to give such first or sole loading port 30
orders within said three days then any time lost and/or additional bunkers used shall be for the Charterers’ account. Orders for 31
the second or subsequent port of loading if used to be given to the Master not later than upon the Vessel’s arrival at the first 32
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loading port, unless already in the port of loading, in which case to be given to the Master not later than upon completion of 33
her previous employment or works. Master to give Charterers or their Agents 72 and 24 hours notice in writing of Vessel’s 34
estimated time of arrival at the first or sole loading port together with the Vessel’s estimated date of readiness to load. 35
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In all instances the Vessel’s expected date of readiness to load is based on all going well, unforeseen circumstances 36
always excepted. 37
3. Vessel Inspection 38
The Vessel shall pass the inspections of the relevant Port, State or National Authority and/or Grain Inspection Bureau at the 39
first or sole port or place of loading, certifying the Vessel’s readiness in all compartments to be loaded with the cargo covered 40
by this Charter Party. If the Vessel completes loading at a port in a different country than the first loading port, she shall pass 41
the inspections of such subsequent national and/or regulatory bodies as may be required. The cost of such inspections shall 42
be borne by the Owners and should the Vessel fail to pass inspections, the time from such failure until the Vessel has been 43
passed shall not count as laytime or time on demurrage. Unless the conditions of Clause 18(b) apply the Master’s notice of 44
readiness at the first or sole loading port, shall be accompanied by the certificates issued in accordance with this Clause. 45
4. Laydays/Cancelling 46
(a) Laydays for loading shall not commence before ______ (time) on ______ (date). 47
Printed by BIMCO’s idea
(b) Should the Vessel’s notice of readiness not be validly tendered as per Clause 18 (Time Counting) before 1600 on 48
______(date) the Charterers have the option of cancelling this Charter Party any time 49
thereafter, but not later than one hour after the tender of notice of readiness as per Clause 18 (Time Counting). 50
*(c) If, prior to tendering notice of readiness, the Vessel’s cancelling date has already passed or the Vessel is ready to begin 51
her voyage to the loading port (whichever first occurs) and in the ordinary course of events would be unable to tender 52
notice before the cancelling date, the Owners having given a revised date of expected readiness to load, may require the 53
Charterers to declare whether they elect to cancel the Charter Party and the Charterers shall be given up to 48 running 54
hours to make this declaration. Should the Charterers elect not to cancel, the cancelling date shall be extended by three 55
running days, Sundays and holidays excluded, from the Vessel’s revised date of expected readiness to load. This provision 56
shall be without prejudice to any claim the Charterers may have as to the Owners’ possible misrepresentations of the 57
expected date of readiness to load and/or laydays/cancelling dates contained herein. 58
*Sub-clause 4(c) is optional and shall not apply unless agreed to by the parties and so indicated by marking the following 59
BIMCO Standard Grain Voyage Charter Party
Code Name: GRAINCON
Box ______ 60
5. Destination 61
On being so loaded, the Vessel shall proceed with all due despatch to the following port(s) ______ 62
______as ordered by the Charterers, and deliver the cargo, according to Bills 63
of Lading at ______ safe discharging berth(s) and/or 64
anchorage(s) in Charterers’ option, the Vessel being always afloat on having been paid freight as per Clauses 8 (Freight) 65
and 9 (Freight Payment). 66
Discharging Port Orders 67
The Master shall apply in writing to ______ for first or 68
sole discharging port orders 96 hours before the Vessel is due off/at ______ 69
and they are to give first or sole discharging port orders in writing within 48 hours of receipt of the Master’s application 70
unless given earlier. If such first or sole discharging port orders are not given within said 48 hours then any time lost and/ 71
or additional bunkers used shall be for the Charterers’ account. 72
The Charterers or their Agents shall give the Master/Owners orders for second and/or subsequent port(s) of discharge not 73
later than the Vessel’s arrival at first port. 74
The Master/Owners shall give the Charterers or their Agents 48 and 24 hours notice in writing of the Vessel’s estimated 75
time of arrival at first or sole discharging port. The Charterers or their Agents are to be kept continuously advised of any 76
alterations in such estimated time of arrival. 77
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6. Rotation of Ports 78
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Rotation of loading ports is to be in Owners’*/Charterers’* option. 79
Rotation of discharging ports is to be in Owners’*/Charterers’* option, but if more than two (2) ports of discharge are used 80
rotation is to be geographic ______ to ______ 81
*Delete as appropriate. 82
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7. Bills of Lading 83
The Master shall sign Bills of Lading as presented on the GRAINCONBILL Bill of Lading form, in accordance with mate’s 84
receipts, without prejudice to the terms, conditions and exceptions of this Charter Party. If the Master elects to delegate the 85
signing of Bills of Lading to the Vessel’s agents he shall give them authority to do so in writing, copy of which is to be 86
furnished to the Charterers if so required. 87
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8. Freight 88
Freight shall be paid in US Dollars per ton of 1,000 Kilos. 89
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Charterers shall bear all bank charges incurred in paying freight to the account stated in Clause 9. 90
The freight rate shall be USD ______ 91
Charterers have the option of ordering the Vessel to load at ______ 92
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9. Freight Payment 98
Freight shall be deemed earned as cargo is loaded on board, without discount and non-returnable, Vessel and/or cargo 99
lost or not lost. 100
*(a) Freight shall be fully paid on release of signed Bills of Lading marked “freight payable as per Charter Party” at 101
(state place) 102
to the bank account ______ 103
______(state bank account details) on Bill of Lading weight. 104
If required by the Charterers, the Owners undertake to endorse Bills of Lading “freight paid” immediately upon receipt of 105
advice from the Owners’ bank that freight has been paid. 106
Once the Bills of Lading have been signed, and the Charterers call for release of Original Bills of Lading against receipt of 107
freight, it will be incumbent upon the Owners or their Agents to comply immediately with such call for release during office 108
hours, Mondays to Fridays inclusive. 109
*(b) ______per cent. of freight shall be paid on Bills of Lading weight within ______ banking days on release 110
of Bills of Lading marked “freight payable as per Charter Party” at ______ 111
(state place) to the bank account ______ 112
(state bank account details). 113
Balance of freight is to be paid upon right and true delivery of the cargo after receipt by Charterers of copies of relevant 114
Statements of Fact and Notices of Readiness along with settlement of demurrage/despatch accounts at loading/discharging 115
ports or within 30 days after completion of discharging, whichever is earlier. 116
*Delete as appropriate. 117
This document is a computer generated GRANICON form 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 pre-
printed text of this document which is not clearly visible, the text of the original BIMCO approved document shall apply. BIMCO assumes no responsibility for any loss, damage or expense caused as a
result of discrepancies between the original BIMCO approved document and this computer generated document.
BIMCO Standard Grain Voyage Charter Party
Code Name: GRAINCON
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(a) Expenses 135
(i) All overtime expenses at loading and discharging ports shall be for account of the party ordering same. 136
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(ii) If overtime is ordered by port authorities or the operators of the loading and/or discharging terminal or facility, all 137
overtime expenses are to be equally shared between the Owners and the Charterers. 138
(iii) Overtime expenses for the Vessel’s officers and crew shall always be for the Owners’ account. 139
(b) Time Counting
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140
If overtime ordered by the Owners be worked during periods excepted from laytime the actual time used shall count; if 141
ordered by the Charterers, the actual time used shall not count; if ordered by port authorities or the operators of the loading 142
and/or discharging terminal or facility half the actual time used shall count. 143
*(a) The laying of cargo separations, including their removal from the Vessel and their proper disposal ashore, shall be for 145
the Charterers’ account and risk and all time used shall count as laytime or time on demurrage. Separations ordered by the 146
Charterers shall be made to the Master’s satisfaction and must comply with the requirements of the competent authorities. 147
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Any claims arising out of or in connection with the commingling and/or admixing and/or contamination of the cargoes shall 148
be the Charterers’ responsibility. 149
*(b) The laying of cargo separations required by the Owners shall be for the Owners’ account and risk and time lost shall 150
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not count as laytime or time on demurrage. Any claims arising out of or in connection with the commingling and/or admixing 151
and/or contamination of the cargoes shall be the Owners’ responsibility. 152
*Delete as appropriate. 153
This document is a computer generated GRANICON form 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 pre-
printed text of this document which is not clearly visible, the text of the original BIMCO approved document shall apply. BIMCO assumes no responsibility for any loss, damage or expense caused as a
result of discrepancies between the original BIMCO approved document and this computer generated document.
BIMCO Standard Grain Voyage Charter Party
Code Name: GRAINCON
opening and closing of hatches shall be for the Charterers’ account. 175
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Following receipt of notice of readiness laytime will commence at 0800 on the next day not excepted from laytime. Time 193
actually used before commencement of laytime shall count. 194
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Regardless of whether a valid notice of readiness has been tendered laytime or time on demurrage shall begin at 0800 on 195
the next day not excepted from laytime following the commencement of loading or discharging of the cargo. 196
(d) Subsequent Ports 197
At second or subsequent port(s) of loading and/or discharging, laytime or time on demurrage shall resume counting from
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198
the Vessel’s arrival within the limits of the port or as provided in Clause 18 (b) if applicable. 199
weather permitting, Sundays (or the local equivalent) and holidays excepted, unless used, in which event time used shall 203
count. 204
*(b) Separate laytime for loading and discharging 205
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(i) The Vessel shall be loaded at the average rate of ______ metric tons per day*/within ______ working days of 206
twenty-four (24) consecutive hours each*, weather permitting, Sundays (or the local equivalent) and holidays excepted, 207
unless used, in which event time used shall count. 208
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(ii) The Vessel shall be discharged at the average rate of ______ metric tons per working day of twenty-four (24) 209
consecutive hours, calculated on the basis of the Bill of Lading weight, weather permitting, Sundays (or the local 210
equivalent) and holidays excepted, unless used, in which event time used shall count. 211
(c) Notwithstanding any custom of the port to the contrary, Saturdays (or the local equivalent) shall not count as laytime at 212
loading and discharging port or ports where stevedoring labour and/or grain handling facilities are unavailable on Saturdays 213
(or the local equivalent) or available only at overtime and/or premium rates. 214
In ports where only part of Saturdays (or the local equivalent) is affected by such conditions, as described above, laytime 215
shall count until the expiration of the last straight time period. Where six or more hours of work are performed at normal 216
rates, Saturday (or the local equivalent) shall count as a full layday. 217
(d) In the event that the Vessel is waiting for a loading or discharging berth, no time is to be deducted during such period 218
for reasons of weather unless the vessel occupying the loading or discharging berth in question is actually prevented from 219
working due to weather conditions in which case time so lost is not to count. 220
*Delete as appropriate. 221
due to subsequent loading or discharging berth(s) not being available, all such shifting expenses, as defined above 234
Shall be for the Owners’*/Charterers’* account. Laytime or time on demurrage used in shifting shall count. 235
(iii) If the Vessel shifts from the anchorage or waiting place outside the port limits either directly to the first loading or 236
discharging berth and/or anchorage or to a lay-by berth or anchorage within the port limits, the cost of that shifting 237
shall be for the Owners’ account and time so used shall not count even if the Vessel is on demurrage. 238
(iv) The cost of shifting from lay-by berth or anchorage within the port limits to first loading or first discharging berth and/ 239
or anchorage shall be for the Owners’ account, and time so used shall count as laytime or time on demurrage. 240
(v) Warping, if required, to facilitate loading and discharging operations shall be performed by crew, provided shore 241
labour permits, at the Owners’ expense, otherwise shore labour to be used at the Charterers’ expense. Laytime or 242
time on demurrage used in warping shall count, but not to be considered as shifting. 243
(b) Shifting in and out of the same berth 244
Unless required by the Owners, should the Vessel be ordered to shift out of the loading berth and/or anchorage or the 245
discharging berth and/or anchorage and back to the same berth, one berth shall be deemed to have been used. All 246
shifting expenses incurred shall be for the account of the Charterers and time used in shifting shall count as laytime or 247
time on demurrage. In the event such shifting was caused by any act, neglect, default or omission on the part of the Vessel 248
or her Owners the shifting expenses shall be for the Owners’ account. Time used shall not count as laytime but it shall count 249
as time on demurrage. 250
(c) Overtime expenses for the Vessel’s officers and crew shall always be for the Owners’ account. 251
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*Delete as appropriate. 252
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If required, the Master shall give free use of the Vessel’s cargo gear, including runners, ropes and slings as on board, and 254
power to operate the same. 255
Unless caused by stevedores’ negligence, time lost by breakdown of the Vessel’s cargo handling gear or motive power 256
essential to the loading or discharging of this cargo – pro rata to the total number of cranes/winches available for the
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loading/discharging of cargo under this Charter Party – shall not count as laytime or time on demurrage. Any stevedore 258
standby time charges incurred as a consequence thereof shall be for Owners’ account. 259
If required by the Charterers or in Owners’ option, shore equipment may be hired in lieu of faulty cargo handling gear or 260
motive power, the cost of which to be for the Owners’ account, but in such case time to count as laytime or time on 261
demurrage. 262
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If required, the Master shall give free use of the Vessel’s lighting as on board for night work. 263
If loaded or discharged at two or more berths and/or anchorages and/or ports, the Vessel shall at the Charterers’ expense 265
be left in seaworthy condition, to the Master’s satisfaction (not exceeding the requirements of the Safety of Life at Sea 266
Convention) for the passage between such berths and/or ports, and time used for placing the Vessel in seaworthy condition 267
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This document is a computer generated GRANICON form 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 pre-
printed text of this document which is not clearly visible, the text of the original BIMCO approved document shall apply. BIMCO assumes no responsibility for any loss, damage or expense caused as a
result of discrepancies between the original BIMCO approved document and this computer generated document.
BIMCO Standard Grain Voyage Charter Party
Code Name: GRAINCON
Any time lost on account of the Vessel’s non-compliance with Government and/or State regulations shall not count as 292
laytime or time on demurrage. 293
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accounts, any time lost by the Vessel through any of the above causes shall be counted as time used in loading, or 309
discharging, as the case may be. 310
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29. Ice 311
The Vessel shall not be obliged to force ice but, subject to the Owners’ approval and having due regard to its size, construction 312
and class, may follow ice-breakers when reasonably required. 313
Port of Loading
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(a) If at any time after setting out on the approach voyage the Vessel’s passage is impeded by ice, or if on arrival the loading 315
port is inaccessible by reason of ice, the Master or Owners shall notify the Charterers thereof and request them to nominate 316
a safe and accessible alternative port. 317
If the Charterers fail within 48 running hours, Sundays and holidays included, to make such nomination or agree to reckon 318
laytime as if the port named in the Charter Party were accessible or declare that they cancel the Charter Party, the Owners 319
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shall have the option of cancelling the Charter Party. In the event of cancellation by either party, the Charterers shall 320
compensate the Owners for all proven loss of earnings under this Charter Party. 321
(b) If at any loading port the Master considers that there is a danger of the Vessel being frozen in, and provided that the 322
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Master or Owners immediately notify the Charterers thereof, the Vessel may leave with cargo loaded on board and proceed 323
to the nearest safe and ice free place and there await the Charterers’ nomination of a safe and accessible alternative port 324
within 24 running hours, Sundays and holidays excluded, of the Master’s or Owners’ notification. If the Charterers fail to 325
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nominate such alternative port, the Vessel may proceed to any port(s), whether or not on the customary route for the 326
chartered voyage, to complete with cargo for the Owners’ account. 327
Port of Discharge 328
(a) If the voyage to the discharging port is impeded by ice, or if on arrival the discharging port is inaccessible by reason of 329
ice, the Master or Owners shall notify the Charterers thereof. In such case, the Charterers shall have the option of keeping 330
the Vessel waiting until the port is accessible against paying compensation in an amount equivalent to the rate of demurrage 331
or of ordering the Vessel to a safe and accessible alternative port. 332
If the Charterers fail to make such declaration within 48 running hours, Sundays and holidays included, of the Master or 333
Owners having given notice to the Charterers, the Master may proceed without further notice to the nearest safe and 334
accessible port and there discharge the cargo. 335
(b) If at any discharging port the Master considers that there is a danger of the Vessel being frozen in, and provided that the 336
Master or Owners immediately notify the Charterers thereof, the Vessel may leave with cargo remaining on board and 337
proceed to the nearest safe and ice free place and there await the Charterers’ nomination of a safe and accessible 338
alternative port within 24 running hours, Sundays and holidays excluded, of the Master’s or Owners’ notification. If the 339
Charterers fail to nominate such alternative port, the Vessel may proceed to the nearest safe and accessible port and there 340
discharge the remaining cargo. 341
(c) On delivery of the cargo other than at the port(s) named in the Charter Party, all conditions of the Bill of Lading shall 342
apply and the Vessel shall receive the same freight as if discharge had been at the original port(s) of destination, except 343
that if the distance of the substituted port(s) exceeds 100 nautical miles, the freight on the cargo delivered at the substituted 344
port(s) shall be increased proportionately. 345
freight. The Charterers shall provide evidence of payment supporting such deduction. 351
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specified. 368
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34. General Clause Paramount 369
The International Convention for the Unification of certain Rules of Law relating to Bills of Lading signed at Brussels on 24 370
August 1924 (“the Hague Rules”) as amended by the Protocol signed at Brussels on 23 February 1968 (“the Hague- Visby 371
Rules”) and as enacted in the country of shipment shall apply to this Charter Party. When the Hague-Visby Rules are not 372
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enacted in the country of shipment, the corresponding legislation of the country of destination shall apply, irrespective of 373
whether such legislation may only regulate outbound shipments. 374
When there is no enactment of the Hague-Visby Rules in either the country of shipment or in the country of destination, the 375
Hague-Visby Rules shall apply to this Charter Party save where the Hague Rules as enacted in the country of shipment or 376
if no such enactment is in place, the Hague Rules as enacted in the country of destination, compulsorily applicable to 377
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shipments, in which case the provisions of such Rules shall apply. 378
The Protocol signed at Brussels on 21 December 1979 (“the SDR Protocol 1979”) shall apply where the Hague-Visby 379
Rules apply, whether mandatorily or by this Charter Party. 380
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The Owner shall in no case be responsible for loss of or damage to cargo arising prior to loading, after discharging or while 381
the cargo is in the charge of another carrier, or with respect to deck cargo and live animals. 382
Save to the extent otherwise in this Charter Party expressly provided, neither party shall be responsible for any loss or 384
damage or delay or failure in performance hereunder resulting from Act of God, war, civil commotion, quarantine, arrest or 385
restraint of princes, rulers and peoples or any other events whatsoever which cannot be avoided or guarded against. 386
This document is a computer generated GRANICON form 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 pre-
printed text of this document which is not clearly visible, the text of the original BIMCO approved document shall apply. BIMCO assumes no responsibility for any loss, damage or expense caused as a
result of discrepancies between the original BIMCO approved document and this computer generated document.
BIMCO Standard Grain Voyage Charter Party
Code Name: GRAINCON
incurred and shall pay salvage and special charges incurred in respect of the goods. 408
If a salving vessel is owned or operated by the Owners , salvage shall be paid for as fully as if the said salving vessel or 409
vessels belonged to strangers. Such deposit as the Owners or their agents may deem sufficient to cover the estimated 410
contribution of the goods and any salvage and special charges thereon shall, if required, be made by the goods, shippers, 411
consignees or owners of the goods to the Owners before delivery.” 412
The Charterers shall procure that all Bills of Lading issued under this Charter Party shall contain the same clause. 413
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the Owners, performance of the Charter Party, or any part of it, may expose, or is likely to expose, the Vessel, her cargo, 426
crew or other persons on board the Vessel to War Risks, the Owners may give notice to the Charterers cancelling this 427
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Charter Party, or may refuse to perform such part of it as may expose, or may be likely to expose, the Vessel, her cargo, 428
crew or other persons on board the Vessel to War Risks; provided always that if this Charter Party provides that loading or 429
discharging is to take place within a range of ports, and at the port or ports nominated by the Charterers the Vessel, her 430
cargo, crew, or other persons on board the Vessel may be exposed, or may be likely to be exposed, to War Risks, the
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431
Owners shall first require the Charterers to nominate any other safe port which lies within the range for loading or discharging, 432
and may only cancel this Charter Party if the Charterers shall not have nominated such safe port or ports within 48 hours 433
of receipt of notice of such requirement. 434
(c) The Owners shall not be required to continue to load cargo for any voyage, or to sign Bills of Lading for any port or place, 435
or to proceed or continue on any voyage, or on any part thereof, or to proceed through any canal or waterway, or to proceed 436
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to or remain at any port or place whatsoever, where it appears, either after the loading of the cargo commences, or at any 437
stage of the voyage thereafter before the discharge of the cargo is completed, that, in the reasonable judgement of the 438
Master and/or the Owners, the Vessel, her cargo (or any part thereof), crew or other persons on board the Vessel (or any 439
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one or more of them) may be, or are likely to be, exposed to War Risks. If it should so appear, the Owners may by notice 440
request the Charterers to nominate a safe port for the discharge of the cargo or any part thereof, and if within 48 hours of 441
the receipt of such notice, the Charterers shall not have nominated such a port, the Owners may discharge the cargo at 442
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any safe port of their choice (including the port of loading) in complete fulfilment of the Charter Party. The Owners shall be 443
entitled to recover from the Charterers the extra expenses of such discharge and, if the discharge takes place at any port 444
other than the loading port, to receive the full freight as though the cargo had been carried to the discharging port and if the 445
extra distance exceeds 100 miles, to additional freight which shall be the same percentage of the freight contracted for as 446
the percentage which the extra distance represents to the distance of the normal and customary route, the Owners having 447
a lien on the cargo for such expenses and freight. 448
(d) If at any stage of the voyage after the loading of the cargo commences, it appears that, in the reasonable judgement of 449
the Master and/or the Owners, the Vessel, her cargo, crew or other persons on board the Vessel may be, or are likely to be, 450
exposed to War Risks on any part of the route (including any canal or waterway) which is normally and customarily used 451
in a voyage of the nature contracted for, and there is another longer route to the discharging port, the Owners shall give 452
notice to the Charterers that this route will be taken. In this event the Owners shall be entitled, if the total extra distance 453
exceeds 100 miles, to additional freight which shall be the same percentage of the freight contracted for as the percentage 454
which the extra distance represents to the distance of the normal and customary route. 455
(e) The Vessel shall have liberty:- 456
(i) to comply with all orders, directions, recommendations or advice as to departure, arrival, routes, sailing in convoy, 457
ports of call, stoppages, destinations, discharge of cargo, delivery or in any way whatsoever which are given by the 458
Government of the Nation under whose flag the Vessel sails, or other Government to whose laws the Owners are 459
subject, or any other Government which so requires, or anybody or group acting with the power to compel compliance 460
with their orders or directions; 461
(ii) to comply with the orders, directions or recommendations of any war risks underwriters who have the authority to give 462
the same under the terms of the war risks insurance; 463
(iii) to comply with the terms of any resolution of the Security Council of the United Nations, any directives of the European 464
Community, the effective orders of any other Supranational body which has the right to issue and give the same, and 465
with national laws aimed at enforcing the same to which the Owners are subject, and to obey the orders and directions 466
of those who are charged with their enforcement; 467
This document is a computer generated GRANICON form 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 pre-
printed text of this document which is not clearly visible, the text of the original BIMCO approved document shall apply. BIMCO assumes no responsibility for any loss, damage or expense caused as a
result of discrepancies between the original BIMCO approved document and this computer generated document.
BIMCO Standard Grain Voyage Charter Party
Code Name: GRAINCON
(iv) to discharge at any other port any cargo or part thereof which may render the Vessel liable to confiscation as a 468
contraband carrier; 469
(v) to call at any other port to change the crew or any part thereof or other persons on board the Vessel when there is 470
reason to believe that they may be subject to internment, imprisonment or other sanctions; 471
(vi) where cargo has not been loaded or has been discharged by the Owners under any provisions of this Clause, to load 472
other cargo for the Owners’ own benefit and carry it to any other port or ports whatsoever, whether backwards or 473
forwards or in a contrary direction to the ordinary or customary route. 474
(f) If in compliance with any of the provisions of sub-clauses (b) to (e) of this Clause anything is done or not done, such 475
Shall not be deemed to be a deviation, but shall be considered as due fulfilment of the Charter Party. 476
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of the brokerage on the estimated amount of freight to be paid by the party responsible for such non-execution to the 485
Brokers as indemnity for the latter’s expenses and work. In case of more voyages the amount of indemnity to be agreed. 486
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41. Notices 487
(a) All notices given by either party or their agents to the other party or their agents in accordance with the provisions of this 488
Charter Party shall be in writing. 489
(b) For the purposes of this Charter Party, “in writing” shall mean any method of legible communication. A notice may be
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490
given by any effective means including, but not limited to, cable, telex, fax, e-mail, registered or recorded mail, or by 491
personal service. 492
in connection with this Charter Party shall be referred to arbitration in London in accordance with the Arbitration Act 1996 or 495
any statutory modification or re-enactment thereof save to the extent necessary to give effect to the provisions of this Clause. 496
The arbitration shall be conducted in accordance with the London Maritime Arbitrators Association (LMAA) Terms current 497
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calendar days of that notice and stating that it will appoint its arbitrator as sole arbitrator unless the other party appoints its 501
own arbitrator and gives notice that it has done so within the 14 days specified. If the other party does not appoint its own 502
arbitrator and give notice that it has done so within the 14 days specified, the party referring a dispute to arbitration may, 503
without the requirement of any further prior notice to the other party, appoint its arbitrator as sole arbitrator and shall advise 504
the other party accordingly. The award of a sole arbitrator shall be binding on both parties as if he had been appointed by 505
agreement. 506
Nothing herein shall prevent the parties agreeing in writing to vary these provisions to provide for the appointment of a sole 507
arbitrator. 508
In cases where neither the claim nor any counterclaim exceeds the sum of US$50,000 (or such other sum as the parties 509
may agree) the arbitration shall be conducted in accordance with the LMAA Small Claims Procedure current at the time 510
when the arbitration proceedings are commenced. 511
*(b) This Charter Party shall be governed by and construed in accordance with Title 9 of the United States Code and the 512
Maritime Law of the United States and any dispute arising out of or in connection with this Charter Party shall be referred 513
to three persons at New York, one to be appointed by each of the parties hereto, and the third by the two so chosen; their 514
decision or that of any two of them shall be final, and for the purposes of enforcing any award, judgement may be entered 515
on an award by any court of competent jurisdiction. The proceedings shall be conducted in accordance with the rules of 516
the Society of Maritime Arbitrators, Inc. 517
In cases where neither the claim nor any counterclaim exceeds the sum of US$50,000 (or such other sum as the parties 518
may agree) the arbitration shall be conducted in accordance with the Shortened Arbitration Procedure of the Society of 519
Maritime Arbitrators, Inc. current at the time when the arbitration proceedings are commenced. 520
*(c) This Charter Party shall be governed by and construed in accordance with the laws of the place mutually agreed by the 521
parties and any dispute arising out of or in connection with this Charter Party shall be referred to arbitration at a mutually 522
agreed place, subject to the procedures applicable there. 523
(d) Notwithstanding 42(a), 42(b) or 42(c) above, the parties may agree at any time to refer to mediation any difference and/ 524
or dispute arising out of or in connection with this Charter Party. 525
In the case of a dispute in respect of which arbitration has been commenced under 42(a), 42(b) or 42(c) above, the 526
This document is a computer generated GRANICON form 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 pre-
printed text of this document which is not clearly visible, the text of the original BIMCO approved document shall apply. BIMCO assumes no responsibility for any loss, damage or expense caused as a
result of discrepancies between the original BIMCO approved document and this computer generated document.
BIMCO Standard Grain Voyage Charter Party
Code Name: GRAINCON
y
(vii) The mediation process shall be without prejudice and confidential and no information or documents disclosed during 545
it shall be revealed to the Tribunal except to the extent that they are disclosable under the law and procedure governing 546
op
the arbitration. 547
(Note: The parties should be aware that the mediation process may not necessarily interrupt time limits.) 548
* Sub-clauses 42(a), 42(b) and 42(c) are alternatives; delete as appropriate, failing which sub-clause 42(a) shall apply. 549
Sub-clause 42(d) shall apply in all cases. 550
eC
______ ______ 551
This document is a computer generated GRANICON form 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 pre-
printed text of this document which is not clearly visible, the text of the original BIMCO approved document shall apply. BIMCO assumes no responsibility for any loss, damage or expense caused as a
result of discrepancies between the original BIMCO approved document and this computer generated document.