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SUPPLYTIME 2005 Time Charter Party for Offshore Service Vessels

Definitions 3. Condition of Vessel

“Owners” shall mean the party stated in Box 2. (a) The Owners undertake that at the date of delivery
“Charterers” shall mean the party stated in Box 3. under this Charter Party the Vessel shall be of the
“Vessel” shall mean the vessel named in Box 4 and with description and Class as specified in ANNEX “A”, attached
particulars stated in ANNEX “A”. hereto, and in a thoroughly efficient state of hull and
“Well” shall mean the time required to drill, test, complete machinery.
and/or abandon a single borehole including any side-track (b) The Owners shall exercise due diligence to maintain
thereof. the Vessel in such Class and in every way fit for the service
“Offshore Unit” shall mean any vessel, offshore installation, stated in Clause 6 throughout the period of this Charter
structure and/or mobile unit used in offshore exploration, Party.
construction, pipe-laying or repair, exploitation or
production. 4. Structural Alterations and Additional Equipment
“Employees” shall mean employees, directors, officers, The Charterers shall, at their expense, have the option of
servants, agents or invitees. making structural alterations to the Vessel or installing
additional equipment with the written consent of the
1. Charter Period Owners, which shall not be unreasonably withheld. Unless
(a) The Owners let and the Charterers hire the Vessel for otherwise agreed, the Vessel is to be redelivered reinstated,
the period as stated in Box 9 from the time the Vessel is at the Charterers’ expense, to her original condition. The
delivered to the Charterers. Vessel is to remain on hire during any period of these
(b) Subject to Clause 12(b), the Charterers have the alterations or reinstatement. The Charterers shall at all
option to extend the Charter Period in direct continuation for times be responsible for repair and maintenance of any
the period stated in Box 10(i), but such an option must be such alteration or additional equipment. However, the
declared in accordance with Box 10(ii). Owners may, upon giving notice, undertake any such repair
(c) The Charter Period shall automatically be extended for and maintenance at the Charterers’ expense, when
the time required to complete the voyage or well (whichever necessary for the safe and efficient performance of the
is stated in Box 11(i)) in progress, such time not to exceed Vessel.
the period stated in Box 11(ii).
5. Survey
2. Delivery and Redelivery The Owners and the Charterers shall jointly appoint an
(a) Delivery. - Subject to Clause 2(b) the Vessel shall be independent surveyor for the purpose of determining and
delivered by the Owners free of cargo and with clean tanks agreeing in writing, the condition of the Vessel, any anchor
at any time between the date stated in Box 5 and the date handling and towing equipment specified in ANNEX “A”,
stated in Box 6 at the port or place stated in Box 7 where and the quality and quantity of fuel, lubricants and water at
the Vessel can safely lie always afloat. the time of delivery and redelivery hereunder. The Owners
(b) Mobilisation - and the Charterers shall jointly share the time and expense
(i) The Charterers shall pay a lump sum mobilisation of such surveys.
charge as stated in Box 12 without discount.
(ii) Should the Owners agree to the Vessel loading and 6. Employment and Area of Operation
transporting cargo and/or undertaking any other (a) The Vessel shall be employed in offshore activities
service for the Charterers en route to the port of which are lawful in accordance with the law of the place of
delivery or from the port of redelivery, then all terms the Vessel’s flag and/or registration and of the place of
and conditions of this Charter Party shall apply to such operation. Such activities shall be restricted to the service(s)
loading and transporting and/or other service exactly as stated in Box 17, and to voyages between any good and
as if performed during the Charter Period excepting safe port or place and any place or offshore unit where the
only that any lump sum freight agreed in respect Vessel can safely lie always afloat within the Area of
thereof shall be payable and earned on shipment or Operation as stated in Box 16 which shall always be within
commencement of the service as the case may be, the International Navigation Limits and which shall in no
Vessel and/or goods lost or not lost. circumstances be exceeded without prior agreement and
(c) Cancelling. - If the Vessel is not delivered by midnight adjustment of the Hire and in accordance with such other
local time on the cancelling date stated in Box 6, the terms as appropriate to be agreed; provided always that the
Charterers shall be entitled to cancel this Charter Party. Charterers do not warrant the safety of any such port or
However, if the Owners will be unable to deliver the Vessel place or offshore unit but shall exercise due diligence in
by the cancelling date, they may give notice in writing to the issuing their orders to the Vessel as if the Vessel were their
Charterers at any time prior to the delivery date as stated in own property and having regard to her capabilities and the
Box 5, and shall state in such notice the date by which they nature of her employment.
will be able to deliver the Vessel. The Charterers may within Unless otherwise stated in Box 18(i), the Charterers shall
24 hours of receipt of such notice give notice in writing to not have the right to use the Vessel for ROV operations.
the Owners cancelling this Charter Party. If the Charterers Unless otherwise stated in Box 18(ii), the Vessel shall not
do not give such notice, then the later date specified in the be employed as a diving platform.
Owners’ notice shall be substituted for the cancelling date (b) Relevant permission and licences from responsible
for all the purposes of this Charter Party. In the event the authorities for the Vessel to enter, work in and leave the
Charterers cancel the Charter Party, it shall terminate on Area of Operation shall be obtained by the Charterers and
terms that neither party shall be liable to the other for any the Owners shall assist, if necessary, in every way possible
losses incurred by reason of the non-delivery of the Vessel to secure such permission and licences.
or the cancellation of the Charter Party. (c) The Vessel’s Space. - The whole reach and burden
(d) Redelivery - The Vessel shall be redelivered on the and decks of the Vessel shall throughout the Charter Period
expiration or earlier termination of this Charter Party free of be at the Charterers’ disposal reserving proper and
cargo and with clean tanks at the port or place as stated in sufficient space for the Vessel’s Master, Officers, Crew,
Box 8(i) or such other port or place as may be mutually tackle, apparel, furniture, provisions and stores. The
agreed. The Charterers shall give not less than the number Charterers shall be entitled to carry, so far as space is
of days notice in writing of their intention to redeliver the available and for their purposes in connection with their
Vessel, as stated in Box 8(ii). operations:
(e) Demobilisation - The Charterers shall pay a lump sum (i) Persons other than crew members, other than fare
demobilisation charge without discount in the amount as paying, and for such purposes to make use of the
stated in Box 15 which amount shall be paid on the Vessel’s available accommodation not being used on
expiration or on earlier termination of this Charter Party. the voyage by the Vessel’s Crew. The Owners shall
provide suitable provisions and requisites for such

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persons for which the Charterers shall pay at the rate will be operated and the services hereunder will be
as stated in Box 27 per meal and at the rate as stated rendered as requested by the Charterers, subject always to
in Box 28 per day for the provision of bedding and the exclusive right of the Owners or the Master of the
services for persons using berth accommodation. Vessel to determine whether operation of the Vessel may
(ii) Lawful cargo whether carried on or under deck. be safely undertaken. In the performance of the Charter
(iii) Explosives and dangerous cargo whether in bulk or Party, the Owners are deemed to be an independent
packaged, provided proper notification has been given contractor, the Charterers being concerned only with the
and such cargo is marked and packed in accordance results of the services performed.
with the national regulations of the Vessel and/or the
International Maritime Dangerous Goods Code and/or
other pertinent regulations. Failing such proper 8. Owners to Provide
notification, marking or packing the Charterers shall (a) The Owners shall provide and pay for all provisions,
indemnify the Owners in respect of any loss, damage wages and all other expenses of the Master, Officers and
or liability whatsoever and howsoever arising Crew; all maintenance and repair of the Vessel’s hull,
therefrom. The Charterers accept responsibility for any machinery and equipment as specified in ANNEX “A”; also,
additional expenses (including reinstatement except as otherwise provided in this Charter Party,
expenses) incurred by the Owners in relation to the lubricants, for all insurance on the Vessel, all dues and
carriage of explosives and dangerous cargo. charges directly related to the Vessel’s flag and/or
(iv) Hazardous or noxious substances, subject to Clause registration, all deck, cabin and engineroom stores, cordage
14(f), proper notification and any pertinent regulations. required for ordinary ship’s purposes mooring alongside in
(d) Laying-up of Vessel. - The Charterers shall have the harbour, and all fumigation expenses and de-ratisation
option of laying up the Vessel at an agreed safe port or certificates. The Owners’ obligations under this Clause
place for all or any portion of the Charter Period in which extend to cover all liabilities for consular charges
case the Hire hereunder shall continue to be paid but, if the appertaining to the Master, Officers and Crew, customs or
period of such lay-up exceeds 30 consecutive days, there import duties arising at any time during the performance of
shall be credited against such Hire the amount which the this Charter Party in relation to the personal effects of the
Owners shall reasonably have saved by way of reduction in Master, Officers and Crew, and in relation to the stores,
expenses and overheads as a result of the lay-up of the provisions and other matters as aforesaid which the Owners
Vessel. are to provide and/or pay for and the Owners shall refund to
the Charterers any sums they or their agents may have paid
7. Master and Crew or been compelled to pay in respect of such liability.
(a) (i) The Master shall carry out his duties promptly and (b) On delivery the Vessel shall be equipped, if
the Vessel shall render all reasonable services within appropriate, at the Owners’ expense with any towing and
her capabilities by day and by night and at such times anchor handling equipment specified in ANNEX “A”.
and on such schedules as the Charterers may
reasonably require without any obligations of the 9. Charterers to Provide
Charterers to pay to the Owners or the Master, Officers (a) While the Vessel is on hire the Charterers shall provide
or the Crew of the Vessel any excess or overtime and pay for all fuel, lubricants, water, dispersants,
payments. The Charterers shall furnish the Master with firefighting foam and transport thereof, port charges,
all instructions and sailing directions and the Master pilotage and boatmen and canal steersmen (whether
and Engineer shall keep full and correct logs compulsory or not), launch hire (unless incurred in
accessible to the Charterers or their agents. connection with the Owners’ business), light dues, tug
(ii) (1) No Bills of Lading shall be issued for shipments assistance, canal, dock, harbour, tonnage and other dues
under this Charter Party. and charges, agencies and commissions incurred on the
(2) The Master shall sign cargo documents as directed Charterers’ business, costs for security or other watchmen,
by the Charterers in the form of receipts that are non- and of quarantine (if occasioned by the nature of the cargo
negotiable documents and which are clearly marked as carried or the ports visited whilst employed under this
such. Charter Party but not otherwise).
(3) The Charterers shall indemnify the Owners against (b) At all times the Charterers shall provide and pay for the
all liabilities that may arise from the signing of such loading and unloading of cargoes so far as not done by the
cargo documents in accordance with the directions of Vessel’s crew, cleaning of cargo tanks, all necessary
the Charterers to the extent that the terms of such dunnage, uprights and shoring equipment for securing deck
cargo documents impose more onerous liabilities than cargo, all cordage except as to be provided by the Owners,
those assumed by the Owners under the terms of this all ropes, slings and special runners (including bulk cargo
Charter Party. discharge hoses) actually used for loading and discharging,
(b) The Vessel’s Crew if required by Charterers will inert gas required for the protection of cargo, and electrodes
connect and disconnect electric cables, fuel, water and used for offshore works, and shall reimburse the Owners for
pneumatic hoses when placed on board the Vessel in port the actual cost of replacement of special mooring lines to
as well as alongside the offshore units; will operate the offshore units, wires, nylon spring lines etc. used for
machinery on board the Vessel for loading and unloading offshore works, all hose connections and adaptors, and
cargoes; and will hook and unhook cargo onboard the further, shall refill oxygen/acetylene bottles used for offshore
Vessel when loading or discharging alongside offshore works.
units. If the port regulations or the seamen and/ or labour (c) Upon entering into this Charter Party or in any event
unions do not permit the Crew of the Vessel to carry out any no later than the time of delivery of the Vessel the
of this work, then the Charterers shall make, at their own Charterers shall provide the Owners with copies of any
expense, whatever other arrangements may be necessary, operational plans or documents which are necessary for the
always under the direction of the Master. safe and efficient operation of the Vessel. All documents
(c) If the Charterers have reason to be dissatisfied with received by the Owners shall be returned to the Charterers
the conduct of the Master or any Officer or member of the on redelivery.
Crew, the Owners on receiving particulars of the complaint (d) The Charterers shall pay for customs duties, all
shall promptly investigate the matter and if the complaint permits, import duties (including costs involved in
proves to be well founded, the Owners shall as soon as establishing temporary or permanent importation bonds),
reasonably possible make appropriate changes in the and clearance expenses, both for the Vessel and/or
appointment. equipment, required for or arising out of this Charter Party.
(d) The entire operation, navigation, and management of (e) The Charterers shall pay for any replacement of
the Vessel shall be in the exclusive control and command of any anchor handling/towing/lifting wires and accessories
the Owners, their Master, Officers and Crew. The Vessel which have been placed on board by the Owners or the

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Charterers, should such equipment be lost, damaged or (iii) Except as otherwise provided in this Charter Party,
become unserviceable, other than as a result of the Owners’ loss, damages, expense or delay (excluding
negligence. consequential loss, damages, expense or delay)
(f) The Charterers shall pay for any fines, taxes or caused by failure on the part of the Owners or “the
imposts levied in the event that contraband and/or Company”/”Owner” to comply with the requirements of
unmanifested drugs and/or cargoes are found to have been the ISPS Code/MTSA or this Clause shall be for the
shipped as part of the cargo and/or in containers on board. Owners’ account.
The Vessel shall remain on hire during any time lost as a (b) (i) The Charterers shall provide the Owners and the
result thereof. However, if it is established that the Master, Master with their full style contact details and, upon
Officers and/or Crew are involved in smuggling then any request, any other information the Owners require to
financial security required shall be provided by the Owners. comply with the ISPS Code/MTSA. Furthermore, the
Charterers shall ensure that all sub-charter parties they
10. Bunkers enter into during the period of this Charter Party
(a) Quantity at Delivery/Redelivery - The Vessel shall be contain the following provision:
delivered with at least the quantity of fuel as stated in Box “The Charterers shall provide the Owners with their full
19 (i) and the Vessel shall be redelivered with about the style contact details and, where subletting is permitted
same quantity as on delivery, provided always that the under the terms of the charter party, shall ensure that
quantity of fuels at redelivery is at least sufficient to allow the contact details of all sub-charterers are likewise
the Vessel to safely reach the nearest port at which fuels of provided to the Owners”.
the required type or better are available. (ii) Except as otherwise provided in this Charter Party,
(b) Purchase Price – The Charterers shall purchase the loss, damages, expense or delay (excluding
fuels on board at delivery at the price prevailing at the time consequential loss, damages, expense or delay)
and port of delivery unless otherwise stated in Box 19 (ii) caused by failure on the part of the Charterers to
and the Owners shall purchase the fuels on board at comply with this Clause shall be for the Charterers’
redelivery at the price prevailing at the time and port of account.
redelivery unless otherwise stated in Box 19 (iii). The (c) Notwithstanding anything else contained in this Charter
Charterers shall purchase the lubricants on board at Party all delay, costs or expenses whatsoever arising out of
delivery at the list price and the Owners shall purchase the or related to security regulations or measures required by
lubricants on board at redelivery at the list price. the port facility or any relevant authority in accordance with
(c) Bunkering - The Charterers shall supply fuel of the the ISPS Code/MTSA including, but not limited to, security
specifications and grades stated in Box 19 (iv). The fuels guards, launch services, tug escorts, port security fees or
shall be of a stable and homogeneous nature and unless taxes and inspections, shall be for the Charterers’ account,
otherwise agreed in writing, shall comply with ISO standard unless such costs or expenses result solely from the
8217:1996 or any subsequent amendments thereof as well Owners’ negligence. All measures required by the Owners
as with the relevant provisions of MARPOL. The Chief to comply with the Ship Security Plan shall be for the
Engineer shall co-operate with the Charterers’ bunkering Owners’ account.
agents and fuel suppliers and comply with their (d) If either party makes any payment which is for the
requirements during bunkering, including but not limited to other party’s account according to this Clause, the other
checking, verifying and acknowledging sampling, reading or party shall indemnify the paying party.
soundings, meters etc. before, during and/or after delivery
of fuels. During delivery four representative samples of all 12. Hire and Payments
fuels shall be taken at a point as close as possible to the (a) Hire. - The Charterers shall pay Hire for the Vessel at
Vessel’s bunker manifold. The samples shall be labelled the rate stated in Box 20 per day or pro rata for part thereof
and sealed and signed by suppliers, Chief Engineer and the from the time that the Vessel is delivered to the Charterers
Charterers or their agents. Two samples shall be retained until the expiration or earlier termination of this Charter
by the suppliers and one each by the Vessel and the Party.
Charterers. If any claim should arise in respect of the quality (b) Extension Hire. - If the option to extend the Charter
or specification or grades of the fuels supplied, the samples Period under Clause 1(b) is exercised, Hire for such
of the fuels retained as aforesaid shall be analysed by a extension shall, unless stated in Box 21, be agreed between
qualified and independent laboratory. the Owners and the Charterers. Should the parties fail to
(d) Liability. - The Charterers shall be liable for any loss or reach an agreement, then the Charterers’ shall not have the
damage to the Owners caused by the supply of unsuitable option to extend the Charter Period.
fuels or fuels which do not comply with the specifications (c) Adjustment of Hire. - The rate of hire shall be adjusted
and grades set out in Box 19 (iv) and the Owners shall not to reflect documented changes, after the date of entering
be held liable for any reduction in the Vessel’s speed into the Charter Party or the date of commencement of
performance and/or increased bunker consumption nor for employment, whichever is earlier, in the Owners’ costs
any time lost and any other consequences arising as a arising from changes in the Charterers’ requirements, or
result of such supply. regulations governing the Vessel and/or its Crew or this
Charter Party or the application thereof.
11. BIMCO ISPS/MTSA Clause for Time Charter Parties (d) Invoicing. - All invoices shall be issued in the contract
(a) (i) The Owners shall comply with the requirements of currency stated in Box 20. In respect of reimbursable
the International Code for the Security of Ships and of expenses incurred in currencies other than the contract
Port Facilities and the relevant amendments to currency, the rate of exchange into the contract currency
Chapter XI of SOLAS (ISPS Code) relating to the shall be that quoted by the Central Bank of the country of
Vessel and “the Company” (as defined by the ISPS such other currency as at the date of the Owners’ invoice.
Code). If trading to or from the United States or Invoices covering Hire and any other payments due shall be
passing through United States waters, the Owners issued monthly as stated in Box 22(i) or at the expiration or
shall also comply with the requirements of the US earlier termination of this Charter Party. Notwithstanding the
Maritime Transportation Security Act 2002 (MTSA) foregoing, bunkers and lubricants on board at delivery shall
relating to the Vessel and the “Owner” (as defined by be invoiced at the time of delivery.
the MTSA). (e) Payments. - Payments of Hire, bunker invoices and
(ii) Upon request the Owners shall provide a copy of the disbursements for the Charterers’ account shall be
relevant International Ship Security Certificate (or the received within the number of days stated in Box 24
Interim International Ship Security Certificate) to the from the date of receipt of the invoice. Payment shall
Charterers. The Owners shall provide the Charterers be made in the currency stated in Box 20 in full without
with the full style contact details of the Company discount to the account stated in Box 23. However, any
Security Officer (CSO). advances for disbursements made on behalf of and

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approved by the Owners may be deducted from Hire 13. Suspension of Hire
due. (a) If as a result of any deficiency of Crew or of the
If payment is not received by the Owners within 5 Owners’ stores, strike of Master, Officers and Crew,
banking days following the due date the Owners are breakdown of machinery, damage to hull or other accidents
entitled to charge interest at the rate stated in Box 25 to the Vessel, the Vessel is prevented from working, no Hire
on the amount outstanding from and including the due shall be payable in respect of any time lost and any Hire
date until payment is received. paid in advance shall be adjusted accordingly provided
Where an invoice is disputed, the Charterers shall always however that Hire shall not cease in the event of the
notify the Owners before the due date and in any event Vessel being prevented from working as aforesaid as a
pay the undisputed portion of the invoice but shall be result of:
entitled to withhold payment of the disputed portion (i) the carriage of cargo as noted in Clause 6(c)(iii) and
provided that such portion is reasonably disputed and (iv);
the Charterers specify such reason. Interest will be (ii) quarantine or risk of quarantine unless caused by the
chargeable at the rate stated in Box 25 on such Master, Officers or Crew having communication with
disputed amounts where resolved in favour of the the shore at any infected area not in connection with
Owners. Should the Owners prove the validity of the the employment of the Vessel without the consent or
disputed portion of the invoice, balance payment shall the instructions of the Charterers;
be received by the Owners within 5 banking days after (iii) deviation from her Charter Party duties or exposure to
the dispute is resolved. Should the Charterers’ claim abnormal risks at the request of the Charterers;
be valid, a corrected invoice shall be issued by the (iv) detention in consequence of being driven into port or to
Owners. anchorage through stress of weather or trading to
(f) (i) Where there is a failure to pay Hire by the due date, shallow harbours or to river or ports with bars or
the Owners shall notify the Charterers in writing of suffering an accident to her cargo, when the expenses
such failure and further may also suspend the resulting from such detention shall be for the
performance of any or all of their obligations under this Charterers’ account howsoever incurred;
Charter Party until such time as all the Hire due to the (v) detention or damage by ice;
Owners under the Charter Party has been received by (vi) any act or omission of the Charterers, their servants or
the Owners. Throughout any period of suspended agents.
performance under this Clause, the Vessel is to be and (b) Liability for Vessel not Working. - The Owners’ liability
shall remain on Hire and any extra expenses for any loss, damage or delay sustained by the Charterers
resulting from such suspension shall be for the as a result of the Vessel being prevented from working by
Charterer’s account. The Owners’ right to suspend any cause whatsoever shall be limited to suspension of hire,
performance under this Clause shall be without except as provided in Clause 11(a)(iii).
prejudice to any other rights they may have under this (c) Maintenance and Drydocking. - Notwithstanding
Charter Party. Clause 13(a), the Charterers shall grant the Owners a
(ii) If after 5 days of the written notification referred to in maximum of 24 hours on hire, which shall be cumulative,
Clause 12(f)(i) the Hire has still not been received the per month or pro rata for part of a month from the
Owners, may at any time while Hire remains commencement of the Charter Period for maintenance and
outstanding withdraw the Vessel from the Charter repairs including drydocking (hereinafter referred to as
Party. The right to withdraw is to be exercised promptly “maintenance allowance”).
and in writing and is not dependent upon the Owners The Vessel shall be drydocked at regular intervals. The
first exercising the right to suspend performance of Charterers shall place the Vessel at the Owners’ disposal
their obligations under the Charter Party pursuant to clean of cargo, at a port (to be nominated by the Owners at
Clause 12(f)(i) above. The receipt by the Owners of a a later date) having facilities suitable to the Owners for the
payment from the Charterers after the five day period purpose of such drydocking.
referred to above has expired but prior to the notice of During reasonable voyage time taken in transits between
withdrawal shall not be deemed a waiver of the such port and Area of Operation the Vessel shall be on hire
Owners’ right to cancel the Charter Party. and such time shall not be counted against the accumulated
(iii) Where the Owners choose not to exercise any of the maintenance allowance.
rights afforded to them by this Clause in respect of any Hire shall be suspended during any time taken in
particular late payment of Hire, or a series of late maintenance repairs and drydocking in excess of the
payments of Hire, under the Charter Party, this shall accumulated maintenance allowance.
not be construed as a waiver of their right either to In the event of less time being taken by the Owners for
suspend performance under Clause 12(f)(i) or to repairs and drydocking or, alternatively, the Charterers not
withdraw the Vessel from the Charter Party under making the Vessel available for all or part of this time, the
Clause 12(f)(ii) in respect of any subsequent late Charterers shall, upon expiration or earlier termination of the
payment under this Charter Party. Charter Party, pay the equivalent of the daily rate of Hire
(iv) The Charterers shall indemnify the Owners in respect then prevailing in addition to Hire otherwise due under this
of any liabilities incurred by the Owners under the Bill Charter Party in respect of all such time not so taken or
of Lading or any other contract of carriage as a made available.
consequence of the Owners’ proper suspension of Upon commencement of the Charter Period, the Owners
and/or withdrawal from any or all of their obligations agree to furnish the Charterers with the Owners’ proposed
under this Charter Party. drydocking schedule and the Charterers agree to make
(g) Audit. - The Charterers shall have the right to appoint every reasonable effort to assist the Owners in adhering to
an independent chartered accountant to audit the such predetermined drydocking schedule for the Vessel.
Owners’ books directly related to work performed
under this Charter Party at any time after the 14. Liabilities and Indemnities
conclusion of the Charter Party, up to the expiry of the (a) Definitions
period stated in Box 26, to determine the validity of the For the purpose of this Clause “Owners’ Group” shall mean:
Owners’ charges hereunder. The Owners undertake to the Owners, and their contractors and sub-contractors , and
make their records available for such purposes at their Employees of any of the foregoing.
principal place of business during normal working For the purpose of this Clause “Charterers’ Group” shall
hours. Any discrepancies discovered in payments mean: the Charterers, and their contractors, subcontractors,
made shall be promptly resolved by invoice or credit as co-venturers and customers, (having a contractual
appropriate. relationship with the Charterers, always with respect to the
job or project on which the Vessel is employed), and
Employees of any of the foregoing.

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(b) Knock for Knock employed) ; their respective Employees and their
(i) Owners. - Notwithstanding anything else contained in respective underwriters.
this Charter Party excepting Clauses 6(c)(iii), 9(b), (ii) All exceptions, exemptions, defences, immunities,
9(e), 9(f), 10(d), 11, 12(f)(iv), 14 (d), 15 (b), 18(c), 26 limitations of liability, indemnities, privileges and
and 27, the Charterers shall not be responsible for loss conditions granted or provided by this Charter Party or
of or damage to the property of any member of the by any applicable statute, rule or regulation for the
Owners’ Group, including the Vessel, or for personal benefit of the Owners shall also apply to and be for the
injury or death of any member of the Owners’ Group benefit of the Owners’ parent, affiliated, related and
arising out of or in any way connected with the subsidiary companies, the Owners’ contractors, sub-
performance of this Charter Party, even if such loss, contractors, the Vessel, its Master, Officers and Crew,
damage, injury or death is caused wholly or partially by its registered owner, its operator, its demise
the act, neglect, or default of the Charterers’ Group, charterer(s), their respective Employees and their
and even if such loss, damage, injury or death is respective underwriters.
caused wholly or partially by unseaworthiness of any (iii) The Owners or the Charterers shall be deemed to be
vessel; and the Owners shall indemnify, protect, acting as agent or trustee of and for the benefit of all
defend and hold harmless the Charterers from any and such persons and parties set forth above, but only for
against all claims, costs, expenses, actions, the limited purpose of contracting for the extension of
proceedings, suits, demands and liabilities whatsoever such benefits to such persons and parties.
arising out of or in connection with such loss, damage,
personal injury or death. (f) Hazardous or Noxious Substances. -
(ii) Charterers. - Notwithstanding anything else contained Notwithstanding any other provision of this Charter Party to
in this Charter Party excepting Clause 11, 15(a), 16 the contrary, the Charterers shall always be responsible for
and 26, the Owners shall not be responsible for loss of, any losses, damages or liabilities suffered by the Owners’
damage to, or any liability arising out of anything towed Group, by the Charterers, or by third parties, with respect to
by the Vessel, any cargo laden upon or carried by the the Vessel or other property, personal injury or death,
Vessel or her tow, the property of any member of the pollution or otherwise, which losses, damages or liabilities
Charterers’ Group , whether owned or chartered, are caused, directly or indirectly, as a result of the Vessel’s
including their Offshore Units, or for personal injury or carriage of any hazardous or noxious substances in
death of any member of the Charterers’ Group or of whatever form as ordered by the Charterers, and the
anyone on board anything towed by the Vessel, arising Charterers shall defend, indemnify the Owners and hold the
out of or in any way connected with the performance of Owners harmless for any expense, loss or liability
this Charter Party, even if such loss, damage, liability, whatsoever or howsoever arising with respect to the
injury or death is caused wholly or partially by the act, carriage of hazardous or noxious substances.
neglect or default of the Owners’ Group, and even if
such loss, damage, liability, injury or death is caused 15. Pollution
wholly or partially by the unseaworthiness of any (a) Except as otherwise provided for in Clause 18(c)(iii),
vessel; and the Charterers shall indemnify, protect, the Owners shall be liable for, and agree to indemnify,
defend and hold harmless the Owners from any and defend and hold harmless the Charterers against all claims,
against all claims, costs, expenses, actions, costs, expenses, actions, proceedings, suits, demands and
proceedings, suits, demands, and liabilities whatsoever liabilities whatsoever arising out of actual or threatened
arising out of or in connection with such loss, damage, pollution damage and the cost of cleanup or control thereof
liability, personal injury or death. arising from acts or omissions of the Owners or their
(c) Consequential Damages. - personnel which cause or allow discharge, spills or leaks
Neither party shall be liable to the other for any from the Vessel, except as may emanate from cargo
consequential damages whatsoever arising out of or in thereon or therein.
connection with the performance or non-performance of this (b) The Charterers shall be liable for and agree to
Charter Party, and each party shall protect, defend and indemnify, defend and hold harmless the Owners from all
indemnify the other from and against all such claims, from claims, costs, expenses, actions, proceedings, suits,
any member of its Group as defined in Clause 14(a). demands, liabilities, loss or damage whatsoever arising out
“Consequential damages” shall include, but not be limited of or resulting from any other actual or threatened pollution
to, loss of use, loss of profits, shut-in or loss of production damage, even where caused wholly or partially by the act,
and cost of insurance, whether or not foreseeable at the neglect or default of the Owners, their Employees,
date of this Charter Party. contractors or sub-contractors or by the unseaworthiness of
(d) Limitations. - the Vessel.
Nothing contained in this Charter Party shall be construed (c) The Charterers shall, upon giving notice to the Owners
or held to deprive the Owners or the Charterers, as against or the Master, have the right (but shall not be obliged) to
any person or party, including as against each other, of any place on board the Vessel and/or have in attendance at the
right to claim limitation of liability provided by any applicable site of any pollution or threatened incident one or more
law, statute or convention, save that nothing in this Charter Charterers’ representative to observe the measures being
Party shall create any right to limit liability. Where the taken by Owners and/or national or local authorities or their
Owners or the Charterers may seek an indemnity under the respective servants, agents or contractors to prevent or
provisions of this Charter Party or against each other in minimise pollution damage and to provide advice,
respect of a claim brought by a third party, the Owners or equipment or manpower or undertake such other measures,
the Charterers shall seek to limit their liability against such at Charterers’ risk and expense, as are permitted under
third party. applicable law and as Charterers believe are reasonably
(e) Himalaya Clause. - necessary to prevent or minimise such pollution damage or
(i) All exceptions, exemptions, defences, immunities, to remove the threat of pollution damage.
limitations of liability, indemnities, privileges and
conditions granted or provided by this Charter Party or 16. Wreck Removal
by any applicable statute, rule or regulation for the If the Vessel becomes a wreck and is an obstruction to
benefit of the Charterers shall also apply to and be for navigation and has to be removed by order of any lawful
the benefit of the Charterers’ parent, affiliated, related authority having jurisdiction over the area where the Vessel
and subsidiary companies; the Charterers’ contractors, is placed or as a result of compulsory law, the Owners shall
sub-contractors, coventurers and customers (having a be liable for any and all expenses in connection with the
contractual relationship with the Charterers, always raising, removal, destruction, lighting or marking of the
with respect to the job or project on which the Vessel is Vessel.

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17. Insurance pollutant howsoever caused occurring within the

(a) (i) The Owners shall procure and maintain in effect for offshore site and any pollution resulting therefrom
the duration of this Charter Party, with reputable wheresoever it may ccur and including but not limited
insurers, the insurances set forth in ANNEX “B”. to the cost of such measures as are reasonably
Policy limits shall not be less than those indicated. necessary to prevent or mitigate pollution damage, and
Reasonable deductibles are acceptable and shall be the Charterers shall indemnify the Owners against any
for the account of the Owners. liability, cost or expense arising by reason of such
(ii) The Charterers shall upon request be named as actual or potential spill, seepage and/or emission.
additional insured co-insured. The Owners shall upon (iv) The Vessel shall not be off-hire as a consequence of
request cause insurers to waive subrogation rights giving such assistance, or effecting repairs under
against the Charterers (as encompassed in Clause Clause 18(c)(ii), and time taken for such repairs shall
14(e)(i)). not count against time granted under Clause 13(c).
Co-insurance and/or waivers of subrogation shall be (v) The Charterers shall indemnify the Owners against any
given only insofar as these relate to liabilities which are liability, cost and/or expense whatsoever in respect of
properly the responsibility of the Owners under the any loss of life, injury, damage or other loss to person
terms of this Charter Party. or property howsoever arising from such assistance.
(b) The Owners shall upon request furnish the Charterers
with copies of certificates of insurance which provide 19. Lien
sufficient information to verify that the Owners have The Owners shall have a lien upon all cargoes and
complied with the insurance requirements of this equipment for all claims against the Charterers under this
Charter Party. Charter Party and the Charterers shall have a lien on the
(c) If the Owners fail to comply with the aforesaid Vessel for all monies paid in advance and not earned. The
insurance requirements, the Charterers may, without Charterers will not suffer, nor permit to be continued, any
prejudice to any other rights or remedies under this Charter lien or encumbrance incurred by them or their agents, which
Party, purchase similar coverage and deduct the cost might have priority over the title and interest of the Owners
thereof from any payment due to the Owners under this in the Vessel. Except as provided in Clause 14, the
Charter Party. Charterers shall indemnify and hold the Owners harmless
against any lien of whatsoever nature arising upon the
18. Saving of Life and Salvage Vessel during the Charter Period while she is under the
(a) The Vessel shall be permitted to deviate for the control of the Charterers, and against any claims against the
purpose of saving life at sea without prior approval of or Owners arising out of the operation of the Vessel by the
notice to the Charterers and without loss of Hire provided Charterers or out of any neglect of the Charterers in relation
however that notice of such deviation is given as soon as to the Vessel or the operation thereof.
possible. Should the Vessel be arrested by reason of claims or liens
(b) Subject to the Charterers’ consent, which shall not be arising out of her operation hereunder, unless brought about
unreasonably withheld, the Vessel shall be at liberty to by the act or neglect of the Owners, the Charterers shall at
undertake attempts at salvage, it being understood that the their own expense take all reasonable steps to secure that
Vessel shall be off-hire from the time she leaves port or within a reasonable time the Vessel is released and at their
commences to deviate and she shall remain off-hire until own expense put up bail to secure release of the Vessel.
she is again in every way ready to resume the Charterers’
service at a position which is not less favourable to the 20. Sublet and Assignment
Charterers than the position at the time of leaving port or (a) Charterers. - The Charterers shall have the option of
deviating for the salvage services. subletting, assigning or loaning the Vessel to any person or
All salvage monies earned by the Vessel shall be divided company not competing with the Owners, subject to the
equally between the Owners and the Charterers, after Owners’ prior approval which shall not be unreasonably
deducting the Master’s, Officers’ and Crew’s share, legal withheld, upon giving notice in writing to the Owners, but the
expenses, value of fuel and lubricants consumed, Hire of original Charterers shall always remain responsible to the
the Vessel lost by the Owners during the salvage, repairs to Owners for due performance of the Charter Party. The
damage sustained, if any, and any other extraordinary loss person or company taking such subletting, assigning or loan
or expense sustained as a result of the salvage. and their contractors and sub-contractors shall be deemed
The Charterers shall be bound by all measures taken by the contractors of the Charterers for all the purposes of this
Owners in order to secure payment of salvage and to fix its Charter Party.
amount. The Owners make it a condition of such consent that
(c) The Owners shall waive their right to claim any award additional Hire shall be paid as agreed between the
for salvage performed on property owned by or contracted Charterers and the Owners in Box 29, having regard to the
to the Charterers, always provided such property was the nature and period of any intended service of the Vessel.
object of the operation the Vessel was chartered for, and (b) Owners. - The Owners may not assign or transfer any
the Vessel shall remain on hire when rendering salvage part of this Charter Party without the written approval of the
services to such property. This waiver is without prejudice to Charterers, which approval shall not be unreasonably
any right the Vessel’s Master, Officers and Crew may have withheld. Approval by the Charterers of such subletting or
under any title. assignment shall not relieve the Owners of their
If the Owners render assistance to such property in distress responsibility for due performance of the part of the services
on the basis of “no claim for salvage”, then, notwithstanding which is sublet or assigned.
any other provisions contained in this Charter Party and
even in the event of neglect or default of the Owners,
Master, Officers or Crew:
(i) The Charterers shall be responsible for and shall 21. Substitute Vessel
indemnify the Owners against payments made, under The Owners shall be entitled at any time, whether before
any legal rights, to the Master, Officers and Crew in delivery or at any other time during the Charter Period, to
relation to such assistance. provide a substitute vessel, subject to the Charterers’ prior
(ii) The Charterers shall be responsible for and shall approval which shall not be unreasonably withheld.
reimburse the Owners for any loss or damage
sustained by the Vessel or her equipment by reason of 22. BIMCO War Risks Clause “CONWARTIME 2004”
giving such assistance and shall also pay the Owners’ (a) For the purpose of this Clause, the words:
additional expenses thereby incurred. (i) “Owners” shall include the shipowners, bareboat
(iii) The Charterers shall be responsible for any actual or charterers, disponent owners, managers or other
potential spill, seepage and/or emission of any

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operators who are charged with the management of right to issue and give the same, and with national
the Vessel, and the Master; and laws aimed at enforcing the same to which the Owners
(ii) “War Risks” shall include any actual, threatened or are subject, and to obey the orders and directions of
reported: war; act of war; civil war; hostilities; those who are charged with their enforcement;
revolution; rebellion; civil commotion; warlike (iv) to discharge at any other port any cargo or part thereof
operations; laying of mines; acts of piracy; acts of which may render the Vessel liable to confiscation as a
terrorists; acts of hostility or malicious damage; contraband carrier;
blockades (whether imposed against all vessels or (v) to call at any other port to change the crew or any part
imposed selectively against vessels of certain flags or thereof or other persons on board the Vessel when
ownership, or against certain cargoes or crews or there is reason to believe that they may be subject to
otherwise howsoever); by any person, body, terrorist or internment, imprisonment or other sanctions.
political group, or the Government of any state (g) If in accordance with their rights under the foregoing
whatsoever, which, in the reasonable judgement of the provisions of this Clause, the Owners shall refuse to
Master and/or the Owners, may be dangerous or are proceed to the loading or discharging ports, or any one or
likely to be or to become dangerous to the Vessel, her more of them, they shall immediately inform the Charterers.
cargo, crew or other persons on board the Vessel. No cargo shall be discharged at any alternative port without
(b) The Vessel, unless the written consent of the Owners first giving the Charterers notice of the Owners’ intention to
be first obtained, shall not be ordered to or required to do so and requesting them to nominate a safe port for such
continue to or through, any port, place, area or zone discharge. Failing such nomination by the Charterers within
(whether of land or sea), or any waterway or canal, where it 48 hours of the receipt of such notice and request, the
appears that the Vessel, her cargo, crew or other persons Owners may discharge the cargo at any safe port of their
on board the Vessel, in the reasonable judgement of the own choice.
Master and/or the Owners, may be, or are likely to be, (h) If in compliance with any of the provisions of
exposed to War Risks. Should the Vessel be within any subclauses (b) to (g) of this Clause anything is done or not
such place as aforesaid, which only becomes dangerous, or done, such shall not be deemed a deviation, but shall be
is likely to be or to become dangerous, after her entry into it, considered as due fulfilment of this Charter Party.
she shall be at liberty to leave it.
(c) The Vessel shall not be required to load contraband 23. War Cancellation Clause 2004
cargo, or to pass through any blockade, whether such Either party may cancel this Charter Party on the outbreak
blockade be imposed on all vessels, or is imposed of war (whether there be a declaration of war or not)
selectively in any way whatsoever against vessels of certain (a) between any two or more of the following countries:
flags or ownership, or against certain cargoes or crews or the United States of America; Russia; the United Kingdom;
otherwise howsoever, or to proceed to an area where she France; and the People’s Republic of China, or,
shall be subject, or is likely to be subject to a belligerent’s (b) between the countries stated in Box 30.
right of search and/or confiscation.
(d) (i) The Owners may effect war risks insurance in 24. BIMCO Ice Clause for Time Charter Parties
respect of the Hull and Machinery of the Vessel and (a) The Vessel shall not be obliged to force ice but,
their other interests (including, but not limited to, loss subject to the Owners’ prior approval having due regard to
of earnings and detention, the crew and their its size, construction and class, may follow icebreakers.
Protection and Indemnity Risks), and the premiums (b) The Vessel shall not be required to enter or remain in
and/or calls therefore shall be for their account. any icebound port or area, nor any port or area where lights,
(ii) If the Underwriters of such insurance should require lightships, markers or buoys have been or are about to be
payment of premiums and/or calls because, pursuant withdrawn by reason of ice, nor where on account of ice
to the Charterers’ orders, the Vessel is within, or is due there is, in the Master’s sole discretion, a risk that, in the
to enter and remain within, or pass through any area or ordinary course of events, the Vessel will not be able safely
areas which are specified by such Underwriters as to enter and remain at the port or area or to depart after
being subject to additional premiums because of War completion of loading or discharging. If, on account of ice,
Risks, then the actual premiums and/or calls paid shall the Master in his sole discretion considers it unsafe to
be reimbursed by the Charterers to the Owners at the proceed to, enter or remain at the place of loading or
same time as the next payment of hire is due, or upon discharging for fear of the Vessel being frozen in and/or
redelivery, whichever occurs first. damaged, he shall be at liberty to sail to the nearest ice-free
(e) If the Owners become liable under the terms of and safe place and there await the Charterers’ instructions.
employment to pay to the crew any bonus or additional (c) Any delay or deviation caused by or resulting from ice
wages in respect of sailing into an area which is dangerous shall be for the Charterers’ account and the Vessel shall
in the manner defined by the said terms, then the actual remain on-hire.
bonus or additional wages paid shall be reimbursed to the (d) Any additional premiums and/or calls required by the
Owners by the Charterers at the same time as the next Vessel’s underwriters due to the Vessel entering or
payment of hire is due, or upon redelivery, whichever occurs remaining in any icebound port or area, shall be for the
first. Charterers’ account.
(f) The Vessel shall have liberty:-
(i) to comply with all orders, directions, recommendations 25. Epidemic/Fever
or advice as to departure, arrival, routes, sailing in (a) The Vessel shall not be ordered to nor bound to enter
convoy, ports of call, stoppages, destinations, without the Owners’ written permission any place where
discharge of cargo, delivery, or in any other way fever or epidemics are prevalent or to which the Master,
whatsoever, which are given by the Government of the Officers and Crew by law are not bound to follow the
Nation under whose flag the Vessel sails, or other Vessel.
Government to whose laws the Owners are subject, or
any other Government, body or group whatsoever Notwithstanding the terms of Clause 13, Hire shall be paid
acting with the power to compel compliance with their for all time lost including any lost owing to loss of or
orders or directions; sickness to the Master, Officers, Crew or passengers or to
(ii) to comply with the order, directions or the action of the Crew in refusing to proceed to such place
recommendations of any war risks underwriters who or to be exposed to such risks.
have the authority to give the same under the terms of
the war risks insurance; 26. General Average and New Jason Clause
(iii) to comply with the terms of any resolution of the General Average shall be adjusted and settled in London
Security Council of the United Nations, the effective unless otherwise stated in Box 31, according to York-
orders of any other Supranational body which has the Antwerp Rules, 1994.

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Hire shall not contribute to General Average. Should Upon such termination, Charterers shall pay the
adjustment be made in accordance with the law and compensation for early termination stated in Box 13 and the
practice of the United States of America, the following demobilisation charge stated in Box 15, as well as Hire or
provision shall apply: other payments due under the Charter Party up to the time
“In the event of accident, danger, damage or disaster before of termination. Should Box 13 be left blank, Clause 31(a)
or after the commencement of the voyage, resulting from shall not apply.
any cause whatsoever, whether due to negligence or not, (b) For Cause. - If either party becomes informed of the
for which, or for the consequence of which, the Owners are occurrence of any event described in this Clause that party
not responsible, by statute, contract or otherwise, the cargo, shall so notify the other party promptly in writing and in any
shippers, consignees or owners of the cargo shall contribute case within 3 days after such information is received. If the
with the Owners in General Average to the payment of any occurrence has not ceased within 3 days after such
sacrifices, loss or expenses of a General Average nature notification has been given, this Charter Party may be
that may be made or incurred and shall pay salvage and terminated by either party, without prejudice to any other
special charges incurred in respect of the cargo. rights which either party may have, under any of the
If a salving vessel is owned or operated by the Owners, following circumstances:
salvage shall be paid for as fully as if the said salving vessel (i) Requisition. - If the government of the state of registry
or vessels belonged to strangers. Such deposit as the and/or the flag of the Vessel, or any agency thereof,
Owners, or their agents, may deem sufficient to cover the requisitions for hire or title or otherwise takes
estimated contribution of the cargo and any salvage and possession of the Vessel during the Charter Period.
special charges thereon shall, if required, be made by the (ii) Confiscation. - If any government, individual or group,
cargo, shippers, consignees or owners of the cargo to the whether or not purporting to act as a government or on
Owners before delivery”. behalf of any government, confiscates, requisitions,
expropriates, seizes or otherwise takes possession of
27. Both-to-Blame Collision Clause the Vessel during the Charter Period (other than by
If the Vessel comes into collision with another ship as a way of arrest for the purpose of obtaining security).
result of the negligence of the other ship and any act, (iii) Bankruptcy. - In the event of an order being made or
neglect or default of the Master, mariner, pilot or the resolution passed for the winding up, dissolution,
servants of the Owners in the navigation or the liquidation or bankruptcy of either party (otherwise than
management of the Vessel, the Charterers will indemnify for the purpose of reconstruction or amalgamation) or if
the Owners against all loss or liability to the other or non- a receiver is appointed or if it suspends payment or
carrying ship or her owners insofar as such loss or liability ceases to carry on business.
represent loss of or damage to, or any claim whatsoever of (iv) Loss of Vessel. - If the Vessel is lost or becomes a
the owners of any goods carried under this Charter Party constructive total loss, or is missing unless the Owners
paid or payable by the other or non-carrying ship or her promptly state their intention to provide, and do in fact
owners to the owners of the said goods and set-off, provide, within 14 days of the Vessel being lost or
recouped or recovered by the other or non-carrying ship or missing, at the port or place from which the Vessel last
her owners as part of their claim against the Vessel or the sailed (or some other mutually acceptable port or
Owners. The foregoing provisions shall also apply where place) a substitute vessel pursuant to Clause 21. In the
the owners, operators or those in charge of any ship or case of termination, Hire shall cease from the date the
ships or objects other than or in addition to the colliding Vessel was lost or, in the event of a constructive total
ships or objects are at fault in respect of a collision or loss, from the date of the event giving rise to such loss.
contact. If the date of loss cannot be ascertained or the Vessel
is missing, payment of Hire shall cease from the date
28. Health and Safety the Vessel was last reported.
The Owners shall comply with and adhere to all applicable (v) Breakdown. - If, at any time during the term of this
international, national and local regulations pertaining to Charter Party a breakdown of the Owners’ equipment
health and safety, and such Charterers’ instructions as may or Vessel result in the Owners being unable to perform
be appended hereto. their obligations hereunder for a period exceeding that
stated in Box 33 and have not initiated reasonable
29. Drugs and Alcohol Policy steps within 48 hours to remedy the non-performance
The Owners undertake that they have, and shall maintain or provided a substitute vessel pursuant to Clause 21.
for the duration of this Charter Party, a policy on Drugs and (vi) Force Majeure. - If a force majeure condition as
Alcohol Abuse applicable to the Vessel (the “D & A Policy”) defined in Clause 32 prevents or hinders the
that meets or exceeds the standards in the OCIMF performance of the Charter Party for a period
Guidelines for the Control of Drugs and Alcohol Onboard exceeding 15 consecutive days from the time at which
Ship 1995 as amended from time to time. the impediment causes the failure to perform if notice
The Owners shall exercise due diligence to ensure that the is given without delay or, if notice is not given without
D & A Policy is understood and complied with on and about delay, from the time at which notice thereof reaches
the Vessel. An actual impairment, shall not in and itself the other party.
mean that the Owners have failed to exercise due diligence. (vii) Default. - If either party is in repudiatory breach of its
obligations hereunder.
30. Taxes Termination as a result of any of the above mentioned
Within the day rate the Owners shall be responsible for the causes shall not relieve the Charterers of any obligation for
taxes stated in Box 32 and the Charterers shall be Hire and any other payments.
responsible for all other taxes.
In the event of change in the Area of Operation or change in 32. Force Majeure
local regulation and/or interpretation thereof, resulting in an Neither party shall be liable for any loss, damage or delay
unavoidable and documented change of the Owners’ tax due to any of the following force majeure events and/or
liability after the date of entering into the Charter Party or conditions to the extent the party invoking force majeure is
the date of commencement of employment, whichever is the prevented or hindered from performing any or all of their
earlier, Hire shall be adjusted accordingly. obligations under this Charter Party, provided they have
made all reasonable efforts to avoid, minimize or prevent
31. Early Termination the effect of such events and/or conditions:
(a) At Charterers’ Convenience. - The Charterers may (a) acts of God;
terminate this Charter Party at any time by giving the (b) any Government requisition, control, intervention,
Owners written notice of termination as stated in Box 14, requirement or interference;
upon expiry of which, this Charter Party will terminate.

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(c) any circumstances arising out of war, threatened act of and the third by the two so chosen; their decision or
war or warlike operations, acts of terrorism, sabotage or that of any two of them shall be final, and for the
piracy, or the consequences thereof; purposes of enforcing any award, judgement may be
(d) riots, civil commotion, blockades or embargoes; entered on an award by any court of competent
(e) epidemics; jurisdiction. The proceedings shall be conducted in
(f) earthquakes, landslides, floods or other extraordinary accordance with the rules of the Society of Maritime
weather conditions; Arbitrators, Inc.
(g) strikes, lockouts or other industrial action, unless In cases where neither the claim nor any counterclaim
limited to the Employees of the party seeking to invoke force exceeds the sum of US$50,000 (or such other sum as
majeure; the parties may agree) the arbitration shall be
(h) fire, accident, explosion except where caused by conducted in accordance with the Shortened
negligence of the party seeking to invoke force majeure; Arbitration Procedure of the Society of Maritime
(i) any other similar cause beyond the reasonable control Arbitrators, Inc. current at the time when the arbitration
of either party. proceedings are commenced.
The party seeking to invoke force majeure shall notify the * (c) This Charter Party shall be governed by and construed
other party in writing within 2 working days of the in accordance with the laws of the place mutually
occurrence of any such event/condition. agreed by the parties and any dispute arising out of or
in connection with this Charter Party shall be referred
33. Confidentiality to arbitration at a mutually agreed place, subject to the
All information or data provided or obtained in connection procedures applicable there.
with the performance of this Charter Party is and shall (d) Notwithstanding (a), (b) or (c) above, the parties may
remain confidential and not be disclosed without the prior agree at any time to refer to mediation any difference
written consent of the other party. The parties shall use their and/or dispute arising out of or in connection with this
best efforts to ensure that such information shall not be Charter Party.
disclosed to any third party by any of their sub-contractors, In the case of a dispute in respect of which arbitration
employees and agents. This Clause shall not apply to any has been commenced under (a), (b) or (c) above, the
information or data that has already been published or is in following shall apply:
the public domain. (i) Either party may at any time and from time to time
All information and data provided by a party is and shall elect to refer the dispute or part of the dispute to
remain the property of that party. mediation by service on the other party of a
written notice (the “Mediation Notice”) calling on
34. BIMCO Dispute Resolution Clause the other party to agree to mediation.
* (a) This Charter Party shall be governed by and construed (ii) The other party shall thereupon within 14
in accordance with English Malaysian law and any calendar days of receipt of the Mediation Notice
dispute arising out of or in connection with this Charter confirm that they agree to mediation, in which
Party shall be referred to arbitration in Kuala Lumpur case the parties shall thereafter agree a mediator
Regional Centre For Arbitration London in within a further 14 calendar days, failing which on
accordance with the Arbitration Act 1996 or any the application of either party a mediator will be
statutory modification or re-enactment thereof save to appointed promptly by the Arbitration Tribunal
the extent necessary to give effect to the provisions of (“the Tribunal”) or such person as the Tribunal
this Clause. The arbitration shall be conducted in may designate for that purpose. The mediation
accordance with the Malaysian Institute of shall be conducted in such place and in
Arbitrators London Maritime Arbitrators Association accordance with such procedure and on such
(LMAA).Terms current at the time when the arbitration terms as the parties may agree or, in the event of
proceedings are commenced. disagreement, as may be set by the mediator.
The reference shall be to three arbitrators. A party (iii) If the other party does not agree to mediate, that
wishing to refer a dispute to arbitration shall appoint its fact may be brought to the attention of the
arbitrator and send notice of such appointment in Tribunal and may be taken into account by the
writing to the other party requiring the other party to Tribunal when allocating the costs of the
appoint its own arbitrator within 14 calendar days of arbitration as between the parties.
that notice and stating that it will appoint its arbitrator (iv) The mediation shall not affect the right of either
as sole arbitrator unless the other party appoints its party to seek such relief or take such steps as it
own arbitrator and gives notice that it has done so considers necessary to protect its interest.
within the 14 days specified. If the other party does not (v) Either party may advise the Tribunal that they
appoint its own arbitrator and give notice that it has have agreed to mediation. The arbitration
done so within the 14 days specified, the party procedure shall continue during the conduct of
referring a dispute to arbitration may, without the the mediation but the Tribunal may take the
requirement of any further prior notice to the other mediation timetable into account when setting the
party, appoint its arbitrator as sole arbitrator and shall timetable for steps in the arbitration.
advise the other party accordingly. The award of a sole (vi) Unless otherwise agreed or specified in the
arbitrator shall be binding on both parties as if he had mediation terms, each party shall bear its own
been appointed by agreement. costs incurred in the mediation and the parties
Nothing herein shall prevent the parties agreeing in shall share equally the mediator’s costs and
writing to vary these provisions to provide for the expenses.
appointment of a sole arbitrator. (vii) The mediation process shall be without prejudice
In cases where neither the claim nor any counterclaim and confidential and no information or documents
exceeds the sum of US$50,000 (or such other sum as disclosed during it shall be revealed to the
the parties may agree) the arbitration shall be Tribunal except to the extent that they are
conducted in accordance with the LMAA Small Claims disclosable under the law and procedure
Procedure current at the time when the arbitration governing the arbitration.
proceedings are commenced. (Note: The parties should be aware that the mediation
* (b) This Charter Party shall be governed by and construed process may not necessarily interrupt time limits.)
in accordance with Title 9 of the United States Code If Box 34 in PART I is not appropriately filled in,
and the Maritime Law of the United States and any subclause 34(a) of this Clause shall apply. Sub-clause
dispute arising out of or in connection with this Charter (d) shall apply in all cases.
Party shall be referred to three persons at New York, * Sub-clauses 34(a), 34(b) and 34(c) are alternatives;
one to be appointed by each of the parties hereto, indicate alternative agreed in Box 34.

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35. Notices
(a) All notices given by either party or their agents to the
other party or their agents in accordance with the provisions
of this Charter Party shall be in writing.
(b) For the purposes of this Charter Party, “in writing” shall
mean any method of legible communication. A notice may
be given by any effective means including, but not limited
to, cable, telex, fax, e-mail, registered or recorded mail, or
by personal service.

36. Headings
The headings of this Charter Party are for identification only
and shall not be deemed to be part hereof or be taken into
consideration in the interpretation or construction of this
Charter Party.

37. Severance
If by reason of any enactment or judgement any provision of
this Charter Party shall be deemed or held to be illegal, void
or unenforceable in whole or in part, all other provisions of
this Charter Party shall be unaffected thereby and shall
remain in full force and effect.

38. Entire Agreement

This Charter Party, including all Annexes referenced herein
and attached hereto, is the entire agreement of the parties,
which supersedes all previous written or oral
understandings and which may not be modified except by a
written amendment signed by both parties.

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ANNEX "A" to Time Charter Party for Offshore Service Vessels

CODE NAME: SUPPLYTIME 2005

VESSSEL SPECIFICATION
(REFER TO ATTACHED VESSEL SPECIFICATION OF SFCB JATI ONE)

1. General (i) Heavy Weight Brine (cu.m): __________________________

(a) Owner: Name: __________________________________ (max. SG) ______________________ /hr at ________ head

Address: __________________________ *Multipurpose Tanks yes/no: _________________________

(b) Operator: Name: __________________________________
4. Machinery
Address: (a) BHP Main Engines: ________________________________

(c) Vessel’s Name: ___________ Builder: _________________ (b) Engine Builder: ____________________________________

(d) Year built: _______________________________________ (c) Number of Engines and Type: ________________________

(e) Type:____________________________________________ (d) Generators: ______________________________________

________________________________________________
(f) Classification and Society: ___________________________ ________________________________________________

(g) Flag: ____________________________________________ (e) Stabilisers: _______________________________________

(h) Date of next scheduled drydocking: ____________________ (f) Bow Thruster(s): ___________________________________

2. Performance (g) Stern Thruster(s): __________________________________

(a) Certified Bollard Pull (Tonnes) ________________________
(h) Propellers/Rudders: ________________________________
(b) Speed/Consumption (Non-Towing)
(Approx. Daily Fuel Consumption) (Fair Weather) (i) Number and Pressure Rating of Bulk Compressors:
Max Speed: __________ Kts (app.) ______________Tonnes ________________________________________________
Service Speed: ________ Kts (app.) ______________Tonnes
Standby (main engines secured)Tonnes (j) Fuel Oil Metering System: ___________________________
**Vessel is delivered with Two (2) main engines

(c) Approx. Towing/Working Fuel Consumption 5. Towing and Anchor Handling Equipment
Engine Power 100% _________________Tonnes
(a) (i) Stern Roller (Dimensions): _______________________
(d) Type(s) and Grade(s) of Fuel Used: ____________________
(ii) Anchor Handling/Towing Winch: ___________________
3. Dimensions and Capacities/Discharge Rates
(iii) Rig Chain Locker Capacity (linear feet of
(a) L.O.A. (m): ______ Breadth (m): ______ Depth (m): ______ 3 in. Chain): __________________________________
Max Draught (m): __________________________________
(iv) Tugger Winches: _______________________________
(b) Deadweight (metric tons): ___________________________
(v) Chain Stopper Make and Type: ___________________
Discharge Rate
(c) * Cargo Fuel max (m3): ______________ /hr at ______ head (b) (i) Towing Wire: __________________________________

(d) * Drill Water max (m3): ______________ /hr at ______ head (ii) Spare Towing Wire: _____________________________

(e) Potable Water (m3): ________________ /hr at ______ head (iii) Work Wire: ___________________________________

(f) Dry Bulk (cu.m): _____ in Tanks ______ /hr at ______ head (iv) Spare Work Wire: ______________________________

(g) Liquid Mud (cu.m): _________________ /hr at ______ head (v) Other Anchor Handling Equipment
(e.g. Pelican Hooks, Shackles, Stretchers etc.): _______
(max. SG) ________________________________________ ____________________________________________
State type of recirculation system i.e. ____________________________________________
mechanical agitation, centrifugal pumps etc. _____________
________________________________________________ 6. Radio and Navigation Equipment

(h) Cargo Deck Area (m2): ________ Capacity (m.t.): ________ (a) Radios

Length (m) x Breadth (m): ___________________________ Single Side Band: __________________________________

VHF: ____________________________________________
Load Bearing Capacity ______________________________ Satcom: _________________________________________

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continued

(b) Electronic Navigation Equipment: _____________________

________________________________________________

(c) Gyro:____________________________________________

(d) Radar:___________________________________________ 9. Galley

(e) Autopilot: ________________________________________ (a) Freezer Space (m3): ________________________________

(f) Depth Sounder: ___________________________________ (b) Cooler (m3): ______________________________________

7. Fire Fighting Equipment 10. Additional Equipment

(a) Class (FF1, FF2, FF3, other): _________________________ (a) Mooring Equipment: ________________________________
________________________________________________
(b) Fixed: ___________________________________________
(b) Joystick: _________________________________________
(c) Portable: _________________________________________
(c) Other: ___________________________________________
8. Accommodation ________________________________________________

(a) Crew: ______________ (b) Passengers: ______________ 11. Standby/Survivor Certificate Yes/No

Nos: _______________________________________________

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 PART II
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ANNEX "B" to Time Charter Party for Offshore Service Vessels

CODE NAME: SUPPLYTIME 2005

INSURANCE

Insurance policies (as applicable) to be procured and

maintained by the Owners under Clause 17:

(1) Marine Hull Insurance. Hull and Machinery Insurance shall be provided with limits equal to those normally carried by the Owners for
the Vessel.

(2) Protection and Indemnity (Marine Liability) Insurance.

Protection and Indemnity (P&I) or Marine Liability Insurance with coverage equivalent to the cover provided by members of the
International Group of Protection and Indemnity Associations with a limit of cover no less than USD 1 million for any one event. The
cover shall include liability for collision and damage to fixed and floating objects to the extent not covered by the insurance in (1)
above.

(3) General Third Party Liability Insurance. - To the extent not covered by the insurance in (2) ABOVE, Coverage shall be for:
Bodily Injury……… USD 2 million per person
Property Damage.... USD 2 million per occurrence.

(4) Workmen’s Compensation and Employer’s Liability Insurance for Employees.

To the extent not covered in the insurance in (2) above, covering Owners’ employees and other persons for whom Owners are liable
as employer pursuant to applicable law for statutory benefits as set out and required by local law in area of operation or area in which
the Owners may become legally obliged to pay benefits.

(5) Comprehensive General Automobile Liability Insurance.

Covering all owned, hired and non-owned vehicles, coverage shall be for:
Bodily Injury ................................................................... According to the local law.
Property Damage .........According to the local law..... In an amount equivalent to _______
single limit per occurrence.

(6) Such other insurances as may be agreed.

Reproduced from the BIMCO Bulletin 2005