545-NI - 2018-02 Guidance For The Lay-Up and
545-NI - 2018-02 Guidance For The Lay-Up and
Reactivation of Ships
February 2018
Guidance Note
NI 545 DT R01 E
1. INDEPENDENCY OF THE SOCIETY AND APPLICABLE TERMS 3.2. Subject to the Services performance and always by reference to 9.2. In such a case, the class granted to the concerned Unit and the
1.1. The Society shall remain at all times an independent contractor the Rules, the Society shall: previously issued certificates shall remain valid until the date of effect
and neither the Society nor any of its officers, employees, servants, • review the construction arrangements of the Unit as shown on the of the termination notice issued, subject to compliance with clause 4.1
agents or subcontractors shall be or act as an employee, servant or documents provided by the Client; and 6 above.
agent of any other party hereto in the performance of the Services. • conduct the Unit surveys at the place of the Unit construction; 10. FORCE MAJEURE
1.2. The operations of the Society in providing its Services are exclu- • class the Unit and enters the Unit's class in the Society's Register; 10.1. Neither Party shall be responsible for any failure to fulfil any term
sively conducted by way of random inspections and do not, in any cir- • survey the Unit periodically in service to note that the requirements or provision of the Conditions if and to the extent that fulfilment has
cumstances, involve monitoring or exhaustive verification. for the maintenance of class are met. The Client shall inform the been delayed or temporarily prevented by a force majeure occurrence
1.3. The Society acts as a services provider. This cannot be construed Society without delay of any circumstances which may cause any without the fault or negligence of the Party affected and which, by the
as an obligation bearing on the Society to obtain a result or as a war- changes on the conducted surveys or Services. exercise of reasonable diligence, the said Party is unable to provide
ranty. The Society is not and may not be considered as an underwriter, The Society will not: against.
broker in Unit's sale or chartering, expert in Unit's valuation, consulting • declare the acceptance or commissioning of a Unit, nor its construc- 10.2. For the purpose of this clause, force majeure shall mean any cir-
engineer, controller, naval architect, manufacturer, shipbuilder, repair tion in conformity with its design, such activities remaining under the cumstance not being within a Party's reasonable control including, but
or conversion yard, charterer or shipowner; none of them above listed exclusive responsibility of the Unit's owner or builder; not limited to: acts of God, natural disasters, epidemics or pandemics,
being relieved of any of their expressed or implied obligations as a re- • engage in any work relating to the design, construction, production wars, terrorist attacks, riots, sabotages, impositions of sanctions, em-
sult of the interventions of the Society. or repair checks, neither in the operation of the Unit or the Unit's bargoes, nuclear, chemical or biological contaminations, laws or action
1.4. The Services are carried out by the Society according to the appli- trade, neither in any advisory services, and cannot be held liable on taken by a government or public authority, quotas or prohibition, expro-
cable Rules and to the Bureau Veritas' Code of Ethics. The Society those accounts. priations, destructions of the worksite, explosions, fires, accidents, any
only is qualified to apply and interpret its Rules. 4. RESERVATION CLAUSE labour or trade disputes, strikes or lockouts
1.5. The Client acknowledges the latest versions of the Conditions and 4.1. The Client shall always: (i) maintain the Unit in good condition after 11. CONFIDENTIALITY
of the applicable Rules applying to the Services' performance. surveys; (ii) present the Unit after surveys; (iii) present the Unit for sur- 11.1. The documents and data provided to or prepared by the Society
1.6. Unless an express written agreement is made between the Parties veys; and (iv) inform the Society in due course of any circumstances in performing the Services, and the information made available to the
on the applicable Rules, the applicable Rules shall be the rules applica- that may affect the given appraisement of the Unit or cause to modify Society, are treated as confidential except where the information:
ble at the time of the Services' performance and con tract's execution. the scope of the Services. • is already known by the receiving Party from another source and is
1.7. The Services' performance is solely based on the Conditions. No 4.2. Certificates referring to the Society's Rules are only valid if issued properly and lawfully in the possession of the receiving Party prior
other terms shall apply whether express or implied. by the Society. to the date that it is disclosed;
2. DEFINITIONS 4.3. The Society has entire control over the Certificates issued and • is already in possession of the public or has entered the public
2.1. "Certificate(s)" means class certificates, attestations and reports may at any time withdraw a Certificate at its entire discretion including, domain, otherwise than through a breach of this obligation;
following the Society's intervention. The Certificates are an appraise- but not limited to, in the following situations: where the Client fails to • is acquired independently from a third party that has the right to dis-
ment given by the Society to the Client, at a certain date, following sur- comply in due time with instructions of the Society or where the Client seminate such information;
veys by its surveyors on the level of compliance of the Unit to the fails to pay in accordance with clause 6.2 hereunder. • is required to be disclosed under applicable law or by a governmen-
Society's Rules or to the documents of reference for the Services pro- 5. ACCESS AND SAFETY tal order, decree, regulation or rule or by a stock exchange authority
vided. They cannot be construed as an implied or express warranty of 5.1. The Client shall give to the Society all access and information nec- (provided that the receiving Party shall make all reasonable efforts
safety, fitness for the purpose, seaworthiness of the Unit or of its value essary for the efficient performance of the requested Services. The Cli- to give prompt written notice to the disclosing Party prior to such
for sale, insurance or chartering. ent shall be the sole responsible for the conditions of presentation of disclosure.
2.2. "Certification" means the activity of certification in application of the Unit for tests, trials and surveys and the conditions under which 11.2. The Society and the Client shall use the confidential information
national and international regulations or standards, in particular by del- tests and trials are carried out. Any information, drawings, etc. required exclusively within the framework of their activity underlying these Con-
egation from different governments that can result in the issuance of a for the performance of the Services must be made available in due ditions.
certificate. time. 11.3. Confidential information shall only be provided to third parties
2.3. "Classification" means the classification of a Unit that can result 5.2. The Client shall notify the Society of any relevant safety issue and with the prior written consent of the other Party. However, such prior
or not in the issuance of a class certificate with reference to the Rules. shall take all necessary safety-related measures to ensure a safe work consent shall not be required when the Society provides the confiden-
2.4. "Client" means the Party and/or its representative requesting the environment for the Society or any of its officers, employees, servants, tial information to a subsidiary.
Services. agents or subcontractors and shall comply with all applicable safety 11.4. The Society shall have the right to disclose the confidential infor-
2.5. "Conditions" means the terms and conditions set out in the regulations. mation if required to do so under regulations of the International Asso-
present document. ciation of Classifications Societies (IACS) or any statutory obligations.
6. PAYMENT OF INVOICES
2.6. "Industry Practice" means International Maritime and/or Offshore
6.1. The provision of the Services by the Society, whether complete or 12. INTELLECTUAL PROPERTY
industry practices.
not, involve, for the part carried out, the payment of fees thirty (30) days 12.1. Each Party exclusively owns all rights to its Intellectual Property
2.7. "Intellectual Property" means all patents, rights to inventions, utility
upon issuance of the invoice. created before or after the commencement date of the Conditions and
models, copyright and related rights, trade marks, logos, service marks,
6.2. Without prejudice to any other rights hereunder, in case of Client's whether or not associated with any contract between the Parties.
trade dress, business and domain names, rights in trade dress or get-up,
payment default, the Society shall be entitled to charge, in addition to 12.2. The Intellectual Property developed for the performance of the
rights in goodwill or to sue for passing off, unfair competition rights, rights
the amount not properly paid, interests equal to twelve (12) months LI- Services including, but not limited to drawings, calculations, and re-
in designs, rights in computer software, database rights, topography
BOR plus two (2) per cent as of due date calculated on the number of ports shall remain exclusive property of the Society.
rights, moral rights, rights in confidential information (including know-
days such payment is delinquent. The Society shall also have the right 13. ASSIGNMENT
how and trade secrets), methods and proto cols for Services, and any
to withhold certificates and other documents and/or to suspend or re- 13.1. The contract resulting from to these Conditions cannot be as-
other intellectual property rights, in each case whether capable of regis-
voke the validity of certificates. signed or transferred by any means by a Party to a third party without
tration, registered or unregistered and including all applications for and
6.3. In case of dispute on the invoice amount, the undisputed portion the prior written consent of the other Party.
renewals, reversions or extensions of such rights, and all similar or
of the invoice shall be paid and an explanation on the dispute shall ac- 13.2. The Society shall however have the right to assign or transfer by
equivalent rights or forms of protection in any part of the world.
company payment so that action can be taken to solve the dispute. any means the said contract to a subsidiary of the Bureau Veritas
2.8. "Parties" means the Society and Client together.
2.9. "Party" means the Society or the Client. 7. 7. LIABILITY Group.
2.10. "Register" means the register published annually by the Society. 7.1. The Society bears no liability for consequential loss. For the pur- 14. SEVERABILITY
2.11. "Rules" means the Society's classification rules, guidance notes and pose of this clause consequential loss shall include, without limitation: 14.1. Invalidity of one or more provisions does not affect the remaining
other documents. The Rules, procedures and instructions of the Society • Indirect or consequential loss; provisions.
take into account at the date of their preparation the state of currently avail- • Any loss and/or deferral of production, loss of product, loss of use, 14.2. Definitions herein take precedence over other definitions which
able and proven technical minimum requirements but are not a standard loss of bargain, loss of revenue, loss of profit or anticipated profit, may appear in other documents issued by the Society.
or a code of construction neither a guide for maintenance, a safety hand- loss of business and business interruption, in each case whether 14.3. In case of doubt as to the interpretation of the Conditions, the
book or a guide of professional practices, all of which are assumed to be direct or indirect. English text shall prevail.
known in detail and carefully followed at all times by the Client. The Client shall save, indemnify, defend and hold harmless the Society
15. GOVERNING LAW AND DISPUTE RESOLUTION
2.12. "Services" means the services set out in clauses 2.2 and 2.3 but from the Client's own consequential loss regardless of cause.
15.1. The Conditions shall be construed and governed by the laws of
also other services related to Classification and Certification such as, but 7.2. In any case, the Society's maximum liability towards the Client is
England and Wales.
not limited to: ship and company safety management certification, ship limited to one hundred and fifty per-cents (150%) of the price paid by
15.2. The Society and the Client shall make every effort to settle any
and port security certification, training activities, all activities and duties the Client to the Society for the performance of the Services. This limit
dispute amicably and in good faith by way of negotiation within thirty
incidental thereto such as documentation on any supporting means, soft- applies regardless of fault by the Society, including breach of contract,
(30) days from the date of receipt by either one of the Parties of a writ-
ware, instrumentation, measurements, tests and trials on board. breach of warranty, tort, strict liability, breach of statute.
ten notice of such a dispute.
2.13. "Society" means the classification society 'Bureau Veritas Ma- 7.3. All claims shall be presented to the Society in writing within three
15.3. Failing that, the dispute shall finally be settled by arbitration under
rine & Offshore SAS', a company organized and existing under the (3) months of the Services' performance or (if later) the date when the
the LCIA rules, which rules are deemed to be incorporated by refer-
laws of France, registered in Nanterre under the number 821 131 844, events which are relied on were first discovered by the Client. Any
ence into this clause. The number of arbitrators shall be three (3). The
or any other legal entity of Bureau Veritas Group as may be specified claim not so presented as defined above shall be deemed waived and
place of arbitration shall be London (UK).
in the relevant contract, and whose main activities are Classification absolutely time barred.
16. PROFESSIONNAL ETHICS
and Certification of ships or offshore units. 8. INDEMNITY CLAUSE
16.1. Each Party shall conduct all activities in compliance with all laws,
2.14. "Unit" means any ship or vessel or offshore unit or structure of 8.1. The Client agrees to release, indemnify and hold harmless the So-
statutes, rules, and regulations applicable to such Party including but
any type or part of it or system whether linked to shore, river bed or sea ciety from and against any and all claims, demands, lawsuits or actions
not limited to: child labour, forced labour, collective bargaining, discrim-
bed or not, whether operated or located at sea or in inland waters or for damages, including legal fees, for harm or loss to persons and/or
ination, abuse, working hours and minimum wages, anti-bribery, anti-
partly on land, including submarines, hovercrafts, drilling rigs, offshore property tangible, intangible or otherwise which may be brought
corruption. Each of the Parties warrants that neither it, nor its affiliates,
installations of any type and of any purpose, their related and ancillary against the Society, incidental to, arising out of or in connection with
has made or will make, with respect to the matters provided for here-
equipment, subsea or not, such as well head and pipelines, mooring the performance of the Services except for those claims caused solely
under, any offer, payment, gift or authorization of the payment of any
legs and mooring points or otherwise as decided by the Society. and completely by the negligence of the Society, its officers, employ-
money directly or indirectly, to or for the use or benefit of any official or
3. SCOPE AND PERFORMANCE ees, servants, agents or subcontractors.
employee of the government, political party, official, or candidate.
3.1. The Society shall perform the Services according to the applicable 9. TERMINATION 16.2. In addition, the Client shall act consistently with the Society's
national and international standards and Industry Practice and always 9.1. The Parties shall have the right to terminate the Services (and the Code of Ethics of Bureau Veritas. http://www.bureauveritas.com/
on the assumption that the Client is aware of such standards and In- relevant contract) for convenience after giving the other Party thirty home/about-us/ethics+and+compliance/
dustry Practice. (30) days' written notice, and without prejudice to clause 6 above.
Bureau Veritas Marine & Offshore General Conditions - Edition January 2017
GUIDANCE NOTE NI 545
SECTION 1 GENERAL
February 2018
Section 1 General
1 General 5
1.1 Introduction
1.2 Objective
1.3 Classification Rules
SECTION 1 GENERAL
3.3 Manning The ship might need to be directly dry-docked before trad-
ing, depending on the efficiency of the hull preservation
3.3.1 A specialist lay-up personnel may be employed, pos- during the lay-up period, on the possible hull degradation
sibly only one or more watchmen, in order to deal with and depending on the classification requirements for main-
emergency requirements related mainly to fire, flooding, tenance of class in case the bottom survey in dry-dock
mooring and security aspects. became overdue during the lay-up period.
Requirements and/or guidance from the Flag State, the local
authorities and the insurance companies should there again On modern ships, the efficient preservation maintenance of
also be investigated and complied with by the Owner, automated systems, computerised equipment and elec-
before deciding on the final manning level. tronic gears is to be carefully planned and considered by
the Owner, in order to ensure that these sophisticated sys-
3.4 Machinery operation tems will no deteriorate and will restart correctly.
3.4.1 The machinery is normally shut-down. More generally speaking, a “cold” lay-up situation is to be
carefully prepared by the Owner, in terms of manning, lay-
3.5 Reactivation up site, mooring arrangements, safety and security condi-
tions, preservation, maintenance and inspection measures,
3.5.1 The ship is normally reactivated within a period of classification survey requirements, in collaboration and
3 weeks, or more depending on the effective period of lay- consultation with all other Parties, in order to avoid machin-
up and on the level and scope of maintenance and preser- ery or hull degradation, long term damages to the machin-
vation implemented by the Owner. ery and a subsequent costly and long reactivation.
Lay-up procedure Initial lay-up survey Put the unit in laid up status
and suspend class survey
3 Lay-up site and mooring Refer to the Rules for the Classification of Steel Ships,
NR467, Pt A, Ch 2, Sec 2 and NR467, Pt A, Ch 3, App 1 for
arrangements detailed requirements.
3.1.1 The choice and suitability of the lay-up site, as well 4.1 Preparation
as the type of mooring conditions, the mooring arrange-
ments and their efficiency during the lay-up period remain 4.1.1 Before initiating the reactivation procedure, a com-
the responsibility of the Owner. plete condition assessment of the vessel may be achieved in
order to assess the extent of the re-commissioning scope of
However, at the Owner's request, the mooring arrange- the unit. This condition assessment survey may also assist to
ments may be reviewed by the Society. prepare the reactivation procedure.
1.1 General
2.3 Air pollution
1.1.1 This section contains requirements to be applied for
2.3.1 In principle the vessel will be supplied by shore
granting the GREEN LAY-UP label. These requirements
power for the duration of the lay-up period thereby offset-
come in addition to the those given in Sec 1 which also ting the need for self-generated power. However where a
remain applicable. generator is used for power supply purposes then this shall
comply with the MARPOL annex VI requirements for air
emission.
2 Green lay-up requirements
2.4 Noise levels
2.1 Emergency procedures
2.4.1 Noise levels must be compared with the following
2.1.1 The vessel shall have shore based assistance (e.g. acceptable noise limits at point of measurement and to be
emergency response service) maintained during the laid-up measured during night time:
period. The shore based assistance shall ensure a quick
a) Maximum noise limit:
response in case of emergencies (oil spill, collision/ground-
ing, fire or any other accidental situation). 60 dBA
2.2 Pollution prevention 2.5.1 Corrosion protection for the ship is to be ensured
during lay-up period in order to avoid any situation where
2.2.1 Discharge to the sea is not permitted. paint particles may be released into the water.
3.1 Period of lay-up A copy of the “Safe Manning Document” issued by the Flag
State shall be submitted to the attending BV Surveyor at the
3.1.1 Within the scope of classification, a laying-up survey time of the initial laying-up survey.
is to be carried out at the beginning of the lay-up period,
upon Owner's request. 3.5 Mooring arrangements
Upon satisfactory completion of this survey, an endorse-
ment to confirm that the ship has been placed in lay-up is 3.5.1 In compliance with Sec 3, [3.1.1], the mooring
entered on the Certificate of Classification, which is subse- arrangement may be reviewed by the Society at the Owner's
quently to be kept on-board. request.
1.1
1.1.1 The following page gives a model of BV "Lay-up
attestation”.
LAY-UP ATTESTATION
This is to attest that the undersigned surveyor to Bureau Veritas attended the ship … BV No … on the … for laying-up
survey which was carried out with satisfactory results based on the lay-up maintenance program ref: … dated …
submitted by the Owner.
An endorsement confirming that the ship has been placed in lay-up has been entered on the Certificate of Classification
No … issued on … expiring ….
Number of consecutive days of lay-up period (at the time of issuance of this attestation and counted from the completion
of the initial laying-up survey): …
(Owner's statement ref: …. dated ….)
Mooring arrangements reviewed by BV, as per BV Rules for Classification of Steel Ships Pt A, Ch 3, App 1, [4.4]:
Yes/No (delete as appropriate)
If yes, date and reference of BV review: …
The ship is subject to annual lay-up condition surveys and re-commissioning survey as required by BV Rules for
Classification of Steel Ships.
The annual lay-up condition survey(s) was (were) carried out with satisfactory results on the …
(delete if annual lay-up condition survey not yet carried out at the time of issuance of this attestation)
The re-commissioning survey was carried out with satisfactory results on the…and an endorsement to confirm the carry-
ing out of all relevant surveys required under the re-commissioning survey is entered on the Certificate of Classification
No … issued on … expiring ….
(delete if re-commissioning survey not carried out at the time of issuance of this attestation)
Date:
Place: Surveyor' s signature
The latest published Rules of the Bureau Veritas Marine & Offshore and the General Conditions therein are applicable.