NYPE81

Download as pdf or txt
Download as pdf or txt
You are on page 1of 9

Copyright  1981 and Published by: The Association

of Ship Brokers & Agents (U.S.A.), Inc. (ASBA), New York.


This derivative work may not be copied without
the permission of the copyright owners.
Code Name: ASBATIME

TIME CHARTER
New York Produce Exchange Form
November 6th, 1913 - Amended October 20th, 1921; August 6th, 1931; October 3rd, 1946; June 12th, 1981

THIS CHARTER PARTY, made and concluded in ....................................................... 1


........................................................................... day of .................................... 19 ....... 2
Owners between ......................................................................................................................... 3
...................................................................................................................... Owners of 4
the good ........................................... Steamship/Motorship ......................................... 5
Description of .......................................................... of ............................. tons gross register, and 6
of ................................................... tons net register, having engines of .......................... 7
Vessel horsepower and with hull, machinery and equipment in a throughly efficient 8
state, and classed ........................................................................................... of about 9
................................................................. cubic feet grain/bale capacity ..................... 10
......................................................................................................................, and about 11
......................................................... long/metric tons deadweight capacity (cargo and 12
bunkers, including fresh water and stores not exceeding ............................................. 13
long/metric tons) on a salt water draft of .................................................... on summer 14
freeboard, inclusive of permanent bunkers, which are of the capacity of about 15
......................................................................................................... long/metric tons of 16
.......................................................................................... fuel oil and ......................... 17
long/metric tons of ................................................................................................., and 18
capable of steaming, fully laden, under good weather conditions about 19
.......................................... knots on a consumption of about ....................................... 20
long/metric tons of ......................................................................................................... 21
........................................................................................................................................ 22
now ................................................................................................................................ 23
................................................................................................................................. and 24
Charterers ........................................................................................................................................ 25
.................................................... Charterers of the City of .......................................... 26
The Owners agree to let and the Charterers agree to hire the vessel from the 27
Duration time of delivery for about ............................................................................................... 28
........................................................................................................................................ 29
........................................................................... within below mentioned trading limits. 30
Sublet Charterers shall have liberty to sublet the vessel for all or any part of the 31
time covered by this Charter, but Charterers shall remain responsible for the 32
fulfillment of this Charter. 33
Delivery Vessel shall be placed at the disposal of the Charterers ........................................ 34
........................................................................................................................................ 35
........................................................................................................................................ 36
........................................................................................................................................ 37
in such dock or at such berth or place (where she may safely lie, always afloat, 38
at all times of tide, except as otherwise provided in Clause 6) as the Charterers 39
may direct. If such dock, berth or place be not available, time shall count as 40
provided in Clause 5. Vessel on her delivery shall be ready to receive cargo with 41
clean-swept holds and tight, staunch, strong and in every way fitted for ordi- 42
nary cargo service, having water ballast and with sufficient power to operate all 43
cargo-handling gear simultaneously (and with full complement of officers and 44
crew for a vessel of her tonnage), to be employed in carrying lawful merchan- 45
Dangerous dise excluding any goods of a dangerous, injurious, flammable or corrosive 46
Cargo nature unless carried in accordance with the requirements or recom- 47
mendations of the proper authorities of the state of the vessel's registry and of 48
the states of ports of shipment and discharge and of any intermediate states or 49
ports through whose waters the vessel must pass. Without prejudice to the 50
Cargo generality of the foregoing, in addition the following are specifically excluded: 51
Exclusions livestock of any description, arms, ammunition, explosives .......................................... 52
........................................................................................................................................ 53
........................................................................................................................................ 54
........................................................................................................................................ 55
........................................................................................................................................ 56
Trading The vessel shall be employed in such lawful trades between safe ports and 57
Limits places within .................................................................................................................. 58
................................................................................. excluding ..................................... 59
........................................................................................................................................ 60
........................................................................................................................................ 61
........................................................................................................................................ 62
as the Charterers or their agents shall direct, on the following conditions: 63
Owners 1. The Owners shall provide and pay for the insurance of the vessel and 64
to for all provisions, cabin, deck, engine-room and other necessary stores, in- 65
Provide cluding boiler water; shall pay for wages, consular shipping and discharging 66
fees of the crew and charges for port services pertaining to the crew; shall 67
maintain vessel's class and keep her in a thoroughly efficient state in hull, 68
machinery and equipment for and during the service. 69
Charterers 2. The Charterers, while the vessel is on hire, shall provide and pay for all 70
to the fuel except as otherwise agreed, port charges, pilotages, towages, agen- 71
Provide cies, commissions, consular charges (except those pertaining to individual 72
crew members or flag of the vessel), and all other usual expenses except those 73
stated in Clause 1, but when the vessel puts into a port for causes for which 74
vessel is responsible, then all such charges incurred shall be paid by the 75
Owners. Fumigations ordered because of illness of the crew shall be for 76
Owners' account. Fumigations ordered because of cargoes carried or ports 77
visited while vessel is employed under this Charter shall be for Charterers' 78
account. All other fumigations shall be for Charterers' account after vessel has 79
been on charter for a continuous period of six months or more. 80
Charterers shall provide necessary dunnage and shifting boards, also 81
any extra fittings requisite for a special trade or unusual cargo, but Owners 82
shall allow them the use of any dunnage and shifting boards already aboard 83
vessel. 84
Bunkers 3. The Charterers on delivery, and the Owners on redelivery, shall take 85
on over and pay for all fuel and diesel oil remaining on board the vessel as 86
Delivery hereunder. The vessel shall be delivered with: ............................................................. 87
and long/metric* tons of fuel oil at the price of ........................................................ per ton; 88
Redelivery ........................................................ tons of diesel oil at the price of ............................ 89
per ton. The vessel shall be redelivered with: ............................................................... 90
tons of fuel oil at the price of ............................................. per ton; .............................. 91
.......................................... tons of diesel oil at the price of .............................. per ton 92
........................................................................................................................................ 93
........................................................................................................................................ 94
(*Same tons apply throughout this clause) 95
Rate of 4. The Charterers shall pay for the use and hire of the said vessel at the 96
Hire rate of ............................................................................................................... daily, or 97
................................................................................................. United States Currency 98
per ton on vessel's total deadweight carrying capacity, including bunkers and 99
stores, on ...................................................... summer freeboard, per calendar month, 100
commencing on and from the day of her delivery, as aforesaid, and at and after 101
the same rate for any part of a month; hire shall continue until the hour of the 102
Redelivery day of her redelivery in like good order and condition, ordinary wear and tear 103
Areas and excepted, to the Owners (unless vessel lost) at ............................................................ 104
Notices ........................................................................................................................................ 105
........................................................................................................................................ 106
................................................................................ unless otherwise mutually agreed. 107
Charterers shall give Owners not less than ............................................... days notice 108
of vessel's expected date of redelivery and probable port ............................................ 109
........................................................................................................................................ 110
Hire 5. Payment of hire shall be made so as to be received by Owners or their 111
Payment designated payee in New York, i.e. ............................................................................... 112
and ........................................................................................................................................ 113
Commencement ........................................................................................................................................ 114
............................................................................... in United States Currency, in funds 115
available to the Owners on the due date, semi-monthly in advance, and for the 116
last half month or part of same the approximate amount of hire, and should 117
same not cover the actual time, hire shall be paid for the balance day by day as 118
it becomes due, if so required by Owners. Failing the punctual and regular 119
payment of the hire, or on any breach of this Charter, the Owners shall be at 120
liberty to withdraw the vessel from the service of the Charterers without pre- 121
judice to any claims they (the Owners) may otherwise have on the Charterers. 122
Time shall count from 7 A.M. on the working day following that on 123
which written notice of readiness has been given to Charterers or their agents 124
before 4 P.M., but if required by Charterers, they shall have the privilege of 125
using vessel at once, in which case the vessel will be on hire from the com- 126
mencement of work. 127
Cash Cash for vessel's ordinary disbursements at any port may be advanced, 128
Advances as required by the Captain, by the Charterers or their agents, subject to 2 1/2 129
percent commission and such advances shall be deducted from the hire. The 130
Charterers, however, shall in no way be responsible for the application of such 131
advances. 132
Berths 6. Vessel shall be loaded and discharged in any dock or at any berth or 133
place that Charterers or their agents may direct, provided the vessel can safely 134
lie always afloat at any time of tide, except at such places where it is customary 135
for similar size vessels to safely lie aground. 136
Spaces 7. The whole reach of the vessel's holds, decks, and usual places of 137
Available loading (not more than she can reasonably and safely stow and carry), also 138
accommodations for supercargo, if carried, shall be at the Charterers' dis- 139
posal, reserving only proper and sufficient space for ship's officers, crew, 140
tackle, apparel, furniture, provisions, stores and fuel. 141
Prosecution 8. The Captain shall prosecute his voyages with due despatch, and shall 142
of render all customary assistance with ship's crew and boats. The Captain 143
Voyages (although appointed by the Owners) shall be under the orders and directions of 144
the Charterers as regards employment and agency; and Charterers are to 145
perform all cargo handling at their expense under the supervision of the 146
Captain, who is to sign the bills of lading for cargo as presented in conformity 147
with mate's or tally clerk's receipts. However, at Charterers' option, the Chart- 148
erers or their agents may sign bills of lading on behalf of the Captain always in 149
Bills conformity with mate's or tally clerk's receipts. All bills of lading shall be 150
of without prejudice to this Charter and the Charterers shall indemnify the Own- 151
Lading ers against all consequences or liabilities which may arise from any inconsis- 152
tency between this Charter and any bills of lading or waybills signed by the 153
Charterers or their agents or by the Captain at their request. 154
Conduct of 9. If the Charterers shall have reason to be dissatisfied with the conduct of 155
Captain the Captain or officers, the Owners shall, on receiving particulars of the 156
complaint, investigate the same, and, if necessary, make a change in the 157
appointments. 158
Supercargo 10. The Charterers are entitled to appoint a supercargo, who shall accom- 159
and pany the vessel and see that voyages are prosecuted with due despatch. He is 160
Meals to be furnished with free accommodation and same fare as provided for 161
Captain's table, Charterers paying at the rate of ............................................. per day. 162
Owners shall victual pilots and customs officers, and also, when authorized by 163
Charterers or their agents, shall victual tally clerks, stevedore's foreman, etc., 164
Charterers paying at the rate of ...................................... per meal for all such victual- 165
ling. 166
Sailing 11. The Charterers shall furnish the Captain from time to time with all 167
Orders requisite instructions and sailing directions, in writing, and the Captain shall 168
and Logs keep full and correct deck and engine logs of the voyage or voyages, which are 169
to be patent to the Charterers or their agents, and furnish the Charterers, their 170
agents or supercargo, when required, with a true copy of such deck and engine 171
logs, showing the course of the vessel, distance run and the consumption of 172
fuel. 173
Ventilation 12. The Captain shall use diligence in caring for the ventilation of the 174
cargo. 175
Continuation 13. The Charterers shall have the option of continuing this Charter for a 176
further period of ............................................................................................................. 177
........................................................................................................................................ 178
Laydays/ 14. If required by Charterers, time shall not commence before ............................. 179
Cancelling ...................................................................... and should vessel not have given written 180
notice of readiness on or before ........................................................................ but not 181
later than 4 P.M. Charterers or their agents shall have the option of cancelling 182
this Charter at any time not later than the day of vessel's readiness. 183
Off 15. In the event of the loss of time from deficiency and/or default of officers 184
Hire or crew or deficiency of stores, fire, breakdown of, or damages to, hull, 185
machinery or equipment, grounding, detention by average accidents to ship or 186
cargo unless resulting from inherent vice, quality or defect of the cargo, 187
drydocking for the purpose of examination or painting bottom, or by any other 188
similar cause preventing the full working of the vessel, the payment of hire and 189
overtime, if any, shall cease for the time thereby lost. Should the vessel deviate 190
or put back during a voyage, contrary to the orders or directions of the 191
Charterers, for any reason other than accident to the cargo, the hire is to be 192
suspended from the time of her deviating or putting back until she is again in 193
the same or equidistant position from the destination and the voyage resumed 194
therefrom. All fuel used by the vessel while off hire shall be for Owners' 195
account. In the event of the vessel being driven into port or to anchorage 196
through stress of weather, trading to shallow harbors or to rivers or ports with 197
bars, any detention of the vessel and/or expenses resulting from such deten- 198
tion shall be for the Charterers' account. If upon the voyage the speed be 199
reduced by defect in, or breakdown of, any part of her hull, machinery or 200
equipment, the time so lost, and the cost of any extra fuel consumed in 201
consequence thereof, and all extra expenses shall be deducted from the hire. 202
Total 16. Should the vessel be lost, money paid in advance and not earned 203
Loss (reckoning from the date of loss or being last heard of) shall be returned to the 204
Charterers at once. 205
Exceptions The act of God, enemies, fire, restraint of princes, rulers and people, 206
and all dangers and accidents of the seas, rivers, machinery, boilers and steam 207
navigation, and errors of navigation throughout this Charter, always mutually 208
excepted. 209
Liberties The vessel shall have the liberty to sail with or without pilots, to tow and 210
to be towed, to assist vessels in distress, and to deviate for the purpose of 211
saving life and property. 212
Arbitration 17. Should any dispute arise between Owners and the Charterers, the 213
matter in dispute shall be referred to three persons at New York, one to be 214
appointed by each of the parties hereto, and the third by the two so chosen; 215
their decision, or that of any two of them, shall be final and for the purpose of 216
enforcing any award this agreement may be made a rule of the Court. The 217
arbitrators shall be commercial men conversant with shipping matters. 218
Liens 18. The Owners shall have a lien upon all cargoes and all sub-freights for 219
any amounts due under this Charter, including general average contributions, 220
and the Charterers shall have a lien on the ship for all monies paid in advance 221
and not earned, and any overpaid hire or excess deposit to be returned at once. 222
Charterers will not suffer, nor permit to be continued, any lien or encumbrance 223
incurred by them or their agents, which might have priority over the title and 224
interest of the Owners in the vessel. 225
Salvage 19. All derelicts and salvage shall be for Owners' and Charterers' equal 226
benefit after deducting Owners' and Charterers' expenses and crew's propor- 227
tion. 228
General General average shall be adjusted, according to York-Antwerp Rules 229
Average 1974, at such port or place in the United States as may be selected by the 230
Owners and as to matters not provided for by these Rules, according to the 231
laws and usage at the port of New York. In such adjustment disbursements in 232
foreign currencies shall be exchanged into United States money at the rate 233
prevailing on the dates made and allowances for damage to cargo claimed in 234
foreign currency shall be converted at the rate prevailing on the last day of 235
discharge at the port or place of final discharge of such damaged cargo from 236
the ship. Average agreement or bond and such additional security, as may be 237
required by the Owners, must be furnished before delivery of the goods. Such 238
cash deposit as the Owners or their agents may deem sufficient as additional 239
security for the contribution of the goods and for any salvage and special 240
charges thereon, shall, if required, be made by the goods, shippers, consign- 241
ees or owners of the goods to the Owners before delivery. Such deposit shall, 242
at the option of the Owners, be payable in United States money and remitted to 243
the adjuster. When so remitted the deposit shall be held in a special account at 244
the place of adjustment in the name of the adjuster pending settlement of the 245
general average and refunds or credit balances, if any, shall be paid in United 246
States money. 247
York- Charterers shall procure that all bills of lading issued during the cur- 248
Antwerp rency of the Charter will contain a provision to the effect that general average 249
Rules shall be adjusted according to York-Antwerp Rules 1974 and will include the 250
"New Jason Clause" as per Clause 23. 251
Drydocking 20. The vessel was last drydocked ................................................................. The 252
Owners shall have the option to place the vessel in drydock during the cur- 253
rency of this Charter at a convenient time and place, to be mutually agreed 254
upon between Owners and Charterers, for bottom cleaning and painting 255
and/or repair as required by class or dictated by circumstances. Payment of 256
hire shall be suspended upon deviation from Charterers' service until vessel is 257
again placed at Charterers' disposal at a point not less favorable to Charterers 258
than when the hire was suspended ............................................................................... 259
........................................................................................................................................ 260
........................................................................................................................................ 261
Cargo 21. Owners shall maintain the cargo-handling gear of the ship which is as 262
Gear follows: ........................................................................................................................... 263
........................................................................................................................................ 264
......................................................................................................................................., 265
providing gear (for all derricks or cranes) capable of lifting capacity as de- 266
scribed. Owners shall also provide on the vessel for night work lights as on 267
board, but all additional lights over those on board shall be at Charterers' 268
expense. The Charterers shall have the use of any gear on board the vessel. If 269
required by Charterers, the vessel shall work night and day and all cargo- 270
handling gear shall be at Charterers' disposal during loading and discharging. 271
Stevedore In the event of disabled cargo-handling gear, or insufficient power to operate 272
Stand-by the same, the vessel is to be considered to be off hire to the extent that time is 273
actually lost to the Charterers and Owners to pay stevedore stand-by charges 274
occasioned thereby. If required by the Charterers, the Owners are to bear the 275
cost of hiring shore gear in lieu thereof. 276
Crew 22. In lieu of any overtime payments to officers and crew for work ordered 277
Overtime by Charterers or their agents, Charterers shall pay Owners $ ...................................... 278
per month or pro rata. 279
Clauses 23. The following clause is to be included in all bills of lading issued 280
Paramount hereunder: 281
This bill of lading shall have effect subject to the provisions of the 282
Carriage of Goods by Sea Act of the United States, the Hague Rules, or the 283
Hague-Visby Rules, as applicable, or such other similar national legislation as 284
may mandatorily apply by virtue of origin or destination of the bills of lading, 285
which shall be deemed to be incorporated herein and nothing herein con- 286
tained shall be deemed a surrender by the carrier of any of its rights or 287
immunities or an increase of any of its responsibilities or liabilities under said 288
applicable Act. If any term of this bill of lading be repugnant to said applicable 289
Act to any extent, such term shall be void to that extent, but no further. 290
This Charter is subject to the following clauses all of which are to be 291
included in all bills of lading issued hereunder: 292
New If the ship comes into collision with another ship as a result of the 293
Both- negligence of the other ship and any act, neglect or default of the master, 294
to- mariner, pilot or the servants of the carrier in the navigation or in the manage- 295
Blame ment of the ship, the owners of the goods carried hereunder will indemnify the 296
Collision carrier against all loss or liability to the other or non-carrying ship or her 297
Clause owners insofar as such loss or liability represents loss of, or damage to, or any 298
claim whatsoever of the owners of said goods, paid or payable by the other or 299
non-carrying ship or her owners to the owners of said goods and set off, 300
recouped or recovered by the other or non-carrying ship or her owners as part 301
of their claim against the carrying ship or carrier. 302
The foregoing provisions shall also apply where the owners, operators 303
or those in charge of any ships or objects other than, or in addition to, the 304
colliding ships or objects are at fault in respect to a collision or contact. 305
New In the event of accident, danger, damage or disaster before or after 306
Jason commencement of the voyage resulting from any cause whatsoever, whether 307
Clause due to negligence or not, for which, or for the consequences of which, the 308
carrier is not responsible, by statute, contract, or otherwise, the goods, ship- 309
pers, consignees, or owners of the goods shall contribute with the carrier in 310
general average to the payment of any sacrifices, losses, or expenses of a 311
general average nature that may be made or incurred, and shall pay salvage 312
and special charges incurred in respect of the goods. 313
If a salving ship is owned or operated by the carrier, salvage shall be 314
paid for as fully as if salving ship or ships belonged to strangers. Such deposit 315
as the carrier or his agents may deem sufficient to cover the estimated con- 316
tribution of the goods and any salvage and special charges thereon shall, if 317
required, be made by the goods, shippers, consignees or owners of the goods 318
to the carrier before delivery. 319
War (a) No contraband of war shall be shipped. Vessel shall not be re- 320
Clauses quired, without the consent of Owners, which shall not be unreasonably 321
withheld, to enter any port or zone which is involved in a state of war, warlike 322
operations, or hostilities, civil strife, insurrection or piracy whether there be a 323
declaration of war or not, where vessel, cargo or crew might reasonably be 324
expected to be subject to capture, seizure or arrest, or to a hostile act by a 325
belligerent power (the term "power" meaning any de jure or de facto authority 326
or any purported governmental organization maintaining naval, military or air 327
forces). 328
(b) If such consent is given by Owners, Charterers will pay the provable 329
additional cost of insuring vessel against hull war risks in an amount equal to 330
the value under her ordinary hull policy but not exceeding a valuation of 331
....................................................... In addition, Owners may purchase and Charterers 332
will pay for war risk insurance on ancillary risks such as loss of hire, freight 333
disbursements, total loss, blocking and trapping, etc. If such insurance is not 334
obtainable commercially or through a government program, vessel shall not 335
be required to enter or remain at any such port or zone. 336
(c) In the event of the existence of the conditions described in (a) 337
subsequent to the date of this Charter, or while vessel is on hire under this 338
Charter, Charterers shall, in respect of voyages to any such port or zone 339
assume the provable additional cost of wages and insurance properly incurred 340
in connection with master, officers and crew as a consequence of such war, 341
warlike operations or hostilities. 342
Ice 24. The vessel shall not be required to enter or remain in any icebound port 343
or area, nor any port or area where lights or lightships have been or are about 344
to be withdrawn by reason of ice, nor where there is risk that in the ordinary 345
course of things the vessel will not be able on account of ice to safely enter and 346
remain in the port or area or to get out after having completed loading or 347
discharging. 348
Navigation 25. Nothing herein stated is to be construed as a demise of the vessel to the 349
Time Charterers. The Owners shall remain responsible for the navigation of the 350
vessel, acts of pilots and tug boats, insurance, crew, and all other similar 351
matters, same as when trading for their own account. 352
Commissions 26. A commission of ........................................... percent is payable by the vessel 353
and Owners to ............................................................................................................... 354
........................................................................................................................................ 355
on hire earned and paid under this Charter, and also upon any continuation or 356
extension of this Charter. 357
Address 27. An address commission of .................................................................. percent 358
is payable to .................................................................................................................. 359
........................................................................................................................................ 360
on hire earned and paid under this Charter. 361
Rider Rider Clauses ............................................................................................... as at- 362
tached hereto are incorporated in this Charter. 363
Rider of Suggested Additional Clauses
(None of these Clauses apply unless expressly agreed during the negotiations and enumerated in line 362)

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.

You might also like