NYPE81
NYPE81
NYPE81
TIME CHARTER
New York Produce Exchange Form
November 6th, 1913 - Amended October 20th, 1921; August 6th, 1931; October 3rd, 1946; June 12th, 1981
Extension 28. If it clearly appears that, despite the exercise of due diligence by 364
of Owners, the vessel will not be ready for delivery by the cancelling date, and 365
Cancelling provided Owners are able to state with reasonable certainty the date on which 366
the vessel will be ready, they may, at the earliest seven days before the vessel is 367
expected to sail for the port or place of delivery, require Charterers to declare 368
whether or not they will cancel the Charter. Should Charterers elect not to 369
cancel, or should they fail to reply within seven days or by the cancelling date, 370
whichever shall first occur, then the seventh day after the expected date of 371
readiness for delivery as notified by Owners shall replace the original cancel- 372
ling date. Should the vessel be further delayed, Owners shall be entitled to 373
require further declarations of Charterers in accordance with this Clause. 374
Grace 29. Where there is failure to make "punctual and regular payment" of hire, 375
Period Charterers shall be given by Owners two clear banking days (as recognised at 376
the agreed place of payment) written notice to rectify the failure, and when so 377
rectified within those two days following Owners' notice, the payment shall 378
stand as regular and punctual. Payment received by Owners' bank after the 379
original due date will bear interest at the rate of 0.1 percent per day which shall 380
be payable immediately by Charterers in addition to hire. 381
At any time while hire is outstanding the Owners shall be absolutely 382
entitled to withhold the performance of any and all of their obligations hereun- 383
der and shall have no responsibility whatsoever for any consequences thereof 384
in respect of which the Charterers hereby indemnify the Owners and hire shall 385
continue to accrue and any extra expenses resulting from such withholding 386
shall be for the Charterers' account. 387
Cargo 30. Damage to and claims on cargo shall be for Owners' account if caused 388
Claims by unseaworthiness of the vessel, but shall be for Charterers' account if 389
caused by handling and stowage, including slackage. Claims for shortage ex 390
ship shall be shared equally between Owners and Charterers. 391
War 31. In the event of the outbreak of war (whether there be a declaration of 392
Cancellation war or not) between any two or more of the following countries: The United 393
States of America, the United Kingdom, France, the Union of Soviet Socialist 394
Republics, the People's Republic of China, .................................................................. 395
........................................................................................................................................ 396
........................................................................................................................................ 397
or in the event of the nation under whose flag the vessel sails becoming 398
involved in war (whether there be a declaration of war or not), either the 399
Owners or the Charterers may cancel this Charter. Whereupon the Charterers 400
shall redeliver the vessel to the Owners in accordance with Clause 4; if she has 401
cargo on board, after discharge thereof at destination, or, if debarred under 402
this Clause from reaching or entering it, at a near open and safe port as 403
directed by the Owners; or, if she has no cargo on board, at the port at which 404
she then is; or, if at sea, at a near open and safe port as directed by the Owners. 405
In all cases hire shall continue to be paid in accordance with Clause 4 and 406
except as aforesaid all other provisions of this Charter shall apply until redeliv- 407
ery. 408
War Bonus 32. Any war bonus to officers and crew due to vessel's trading or cargo 409
carried shall be for Charterers' account. 410
Requisition 33. Should the vessel be requisitioned by the government of the vessel's 411
flag during the period of this Charter, the vessel shall be deemed to be off hire 412
during the period of such requisition, and any hire paid by the said government 413
in respect of such requisition period shall be retained by Owners. The period 414
during which the vessel is on requisition to the said government shall count as 415
part of the period provided for in this Charter. 416
If the period of requisition exceeds ...........................................months, either 417
party shall have the option of cancelling this Charter and no consequential 418
claim may be made by either party. 419
On/Off-hire 34. Prior to delivery and redelivery the parties shall each appoint sur- 420
Survey veyors, for their respective accounts, who shall conduct joint on-hire/off-hire 421
surveys. A single report shall be prepared on each occasion and signed by 422
each surveyor, without prejudice to his right to file a separate report setting 423
forth items upon which the surveyors cannot agree. If either party fails to have 424
a representative attend the survey and sign the joint survey report, such party 425
shall nevertheless be bound for all purposes by the findings in any report 426
prepared by the other party. On-hire survey shall be on Charterers' time and 427
off-hire survey on Owners' time. 428
Stevedore 35. Any damage caused by stevedores during the currency of this Charter 429
Damage shall be reported by Captain to Charterers or their agents, in writing, within 24 430
hours of the occurrence or as soon as possible thereafter. The Captain shall 431
use his best efforts to obtain written acknowledgement by responsible parties 432
causing damage unless damage should have been made good in the mean- 433
time. 434
Stevedore damages involving seaworthiness shall be repaired without 435
delay to the vessel after each occurrence in Charterers' time and shall be paid 436
for by the Charterers. Other minor repairs shall be done at the same time, but if 437
this is not possible, same shall be repaired while vessel is in drydock in 438
Owners' time, provided this does not interfere with Owners' repair work, or by 439
vessel's crew at Owners' convenience. All costs of such repairs shall be for 440
Charterers' account. Any time spent in repairing stevedore damage shall be for 441
Charterers' account. 442
Charterers shall pay for stevedore damages whether or not payment 443
has been made by stevedores to Charterers. 444
Charterers' 36. Charterers shall have the privilege of flying their own house flag and 445
Colors painting the vessel with their own markings. The vessel shall be repainted in 446
Owners' colors before termination of the Charter. Cost and time of painting, 447
maintaining and repainting those changes effected by Charterers shall be for 448
Charterers' account. 449
Return 37. Charterers shall have the benefit of any return insurance premium 450
Premium receivable by Owners from their underwriters as and when received from 451
underwriters by reason of vessel being in port for a minimum period of 30 days 452
if on full hire for this period or pro rata for the time actually on hire. 453
38. The vessel shall be off hire during any time lost on account of vessel's 454
non-compliance with government and/or state and/or provincial regulations 455
pertaining to water pollution. In cases where vessel calls at a U.S. port, Owners 456
warrant to have secured and carry on board the vessel a Certificate of Financial 457
Responsibility as required under U.S. law. 458
This Charter Party is a computer generated copy of the ASBATIME (1981) form printed under licence from the
Association of Ship Brokers & Agents (U.S.A), Inc., using software which is the copyright of SDSD.It is a precise
copy of the original document which can be modified, amended or added to only by the striking out of original
characters, or the insertion of new characters, such characters being clearly highlighted by underlining or use of colour
or use of a larger font and marked as having been made by the licencee or end user as appropiate and not by the
author.