A3_Part4
A3_Part4
from using a pilot and provide with the details, including but not limited lo, the 57
they have been exempt 58
authorising organisation with person's nane.
clause, and unless a specific prior agreement 59
(4) Without prejudice to the provisions of sub-clause (2) of this instructios, the master shall stop cargo 60
between terminal orders and Charterers' voyage
exists, ifa conflict arises Charterers inmediaely. Termninal orders shall never 61
operations, and/or other operations under dispute, and contact o ihe
lom musi be dearly visible. In he event g any modficaton made A
This dogumeot is a computer oenerated isSHELLVOYe fon printed by authorty d BiMCO. Ay lnserion or deleion lo he aSSumes no espanaiblity for ay loes, damage or exLonEA
nat deady vislble, tho laxd d he original BlNCO approved document shall apply. BIMCO
pre-prntod
resut text of thia documem
ot dscreoandes between wnen
ongir Co a00rovod doaumenl and his compulor generaled Goaumert.
Issued March 2005 "^HELLVOY 6"
PART II
supersede Charterers voyage instructions and any conflict shall be resolvcd prior to resumption of cargo, or oher
operations in dispute. Where such a conflict arises the vessel shall not sail from the port or resume cargo operations.
and/or other operations under dispule, until Charterers have directed the vessel to do so.
Time spent resolving the vesse/terminal conflict will count as laytime or demurrrage except that failure of
Owners/master to comply with the procedure set forth above shall result in the deduction from laytime or
demurrage time of the time used in resolving the vessel/terminal instruction conflict
(5) In this Charter, "berth" means any berth, wharf, dock, anchorage, submarine line, a position alongside
any vessel or lighter or any other loading or discharging point whatsocver to which Charterers are entitled to order
the vessel hereunder, and "port" means any port or location at sea to which the vessel may proceed in accordance
with the tens of this Charter.
Safc benh 4. Charerers shall exercise due diligence to order the vessel only to ports and berths which are safe for
the vessel and to ensure that transhipment operations confom to starndards not less than those set out in the latest
edition of ICS/OCIMF Ship-to-Ship Transfer Guide (Petroleum). Notwithstanding anything contained in this
Charter, Charterers do not warrant the safety of any port, berth or transhipment operation and Charterers shall
not be liable for loss or damage arising from any unsafety if they can prove that due diligence was exercised in the
giving of the order or if such loss or darmage was caused by an act of war or civil commotion within the trading
areas defined in Part I clauses (D/E).
Freight 5. (1) Freight shall be earned concurrently with delivery of cargoat the nominated discharging port or ports
and shali be paid by Charterers to Owners without any deductions, except as may be required in the Singapore
Income Tax Act and/or under Part II clause 48 and/or under clause 55 andor under Part II clause 4(a), in United
States Dolars at the rate(3) specified in Part,l clause (G) on the gross bill of lading quantity as furmished by the
shipper (subject to Part lclauses 8and 40), upon receipt by Charterers of notice of completionof final discharge o?
cargo, provided that no freight shall be payable on any quantity in excess of the maximum quantity consistent with
the Intemational Load Line Convention for ie time being in force.
If thevessel is ordered to proceed on a voyage for which a fixed difrerential is provided in Worldscale, such
fixed diferential shali be payabie without apply ing the percentage referred to in Part I clause (G).
If cargo is carried between ports anddor by an agreed route for which no freight rate is expressly quoted in
Worldscale, then the parties shall, in the absence of agrcement as to the appropriate freight rate, apply to
Worldscale Association(London) Ltd., or Worldscale Association (NYC) Ine, for the deternination of an
appropriate Wortdscale freight rate. If Owners or master unilaterally elect to procesd by a route that is different to
that specified in Worldscale, or different to a route agreed between Owners and Churteres, freight shall always be
paid in accordance with the Worldsca!e rate as publishei or in accerdance with any special rate applicable for the
agreed route.
Save in respect of the ine when reight is camed, the location of any iranshipment at sea pursuant to Part |
clause 26(2) shall not be an additional nominated port, unless otherwise agreed, for the purposes of this Charter
(including this clause 5) and the freight raie for the voyage shall be the same as if such transhipment had not taken
place.
(2) If the freight in Part Iclause (G) is a lumpsum amount and such lumpsum freight is connected with a
specific number of load and discharge ports given in Part I clause (L) and Owners agree that Charterers may order
Lhe vessel to additional load and'or discharge ports not covered by the agreed lumpsum freight, the following shall
apply:
(a) the first load port and the final discharge port shali be deemed to be the port(s) that form the voyage and
on which the lumpsum freight included in Part Iclause (G) refers to;
(b) ireight for such additional ports shallbe calculated on basis of deviation. Deviation shall be calculated
on the difYerence in distance between the specified voyage (for which freight is agrecd) and the voyage
actually performed.
BP Shipping Marine Distance Tables (2004). produced by AtoBriac shali be used in buth cases.
Deviation timebunker consumption shall be calculated using the charter speed and bunker consumption as per the
speed and consumptions given iu Part Iclause(L) of this Charter.
Deviation time and time spent in port shali be charged a: the dernurrage rate in Part I clause () of this Charter
Cxcept that time used in port which would otherwise qualify for half rate lay time and/or demurrage under Part II
clause (15) (2) of this Charter will be charged at halt rate.
Additional bunkers consumed shall be paid at replacement cost, and actual port costs shall be paid as incurred.
Such deviation costs shall be paid against Owners' fully documented claim.
Claims, dues 6. (1) Dues and other charges upon the vessel, including hose assessed by reference to the quantity of cargo
und other loaded or discharged, and any taxes on freight whatsoever shall be paid by Owncrs, and ducs and cther charges
charges upon the cargo shal! be paid by Charterers. However, notwithstanding the foregoing, where under a provision of
Worldscale a due or charge is expressly for the account of Owners or Charterers hen such due or charge shall be
payable in accordance with such provision.
(2) Any costs including those itemised under applicable "Worldscale" as being for Charterers' account shall,
This documont ls a camputer generaled SHELLVOY6 fom printed by authodty d BMCO. Any lnsertian ur daledon to the tom must be deaty visble In the avent of any modticanon mace o the
Oreprrted lext of tuis documant which ls not ceaty vsible, he lext oft the origin al BMCO approved document shal apply. GcO assumeo no respansiblily tor any kcss. camage or expense as &
resul of dscrepancies betweon he original BiCO apuroved docuTt and his compulor generaled document.
Issued March 2005 "SHELLVOY 6"
PART |I
unless otherwise instructed by Charterers, be paid by Owners and reimbursed by Charterers against Owners fully 122
docuncntcd claim. 123
(3) Charterers shall be discharged and released from all liability in respect of any charges/claims (other than 124
bunkers.
demurrage and Worldscale charges/dues and indemnity claims) including but not limited to additional
125
detention, deviation, sbifting, heating, deadfreight, speed up, slow down, drifting port costs, additional freight, 126
insurance, Owner may send to Charterers under this Charter unless any such charges/claims have been received by 127
Charterer in writing, fully and correctly documented, within ninety (90) days from completion of discharge of the 128
cargo concerned under this Charter. Part Il clause 1s (3) ofthis Charter covers the notification and fully documented 129
130
claim procedure for demurrage.
131
(4) IE, afer disconnection of hoses, the vessel remains at berth for vessel's puposes, Owners shall be
responsible for all direct and indirect costs whether advised to Owners in advance or not, and inciuding charges by 132
133
Terminal/Suppliers/Receivers.
7. The cargo shall be loaded into the vessel at the expense of Charerers and, up to the vessel's permanent 134
Loading and
hose connections, at Charterers' risk. The cargo shall be discharged from the vessel at the expense of Owners
135
discharging by
and, up to the vessel's permanent hose connections, at Owners' risk. Owners shalL unless otherwise notified
cargo 136
Charterers or their agents, supply at Owners' expense allhands, equipment and facilities required on board for
137
mooring and unmooring and connecting and disconnecting hoses for loading and discharging. 138
Deadíreight 8. Charterers need not supply a full cargo, but if they do not reight shall nevertheless be paid as if the 139
vessel had been loaded with a full cargo. 140
14
The tern "ful cargo" as sed throughou this Charter means acargo which, together with any coilecied
washings (as defincd in Part II clause 40) rctained on board pursuant to the requirements of MARPOL 73/78, fils
142
the vessel to either her applicable deadweight or her capacity stated in Part IclaUSe (A) (1) (ii), whichever is lesS, 143
while leaving sufficient space in the tanks for the expansion of cargo. If under Part Iclause (F) vesscl is chartercd J44
145
for aminimum quantity and the vessel s unable to load such quentity due to having reached her capacity as stated in 146
Part Iclause (A) ) Gm), always leaving sufficient space for expansion of cargo, then without prejudice lo any
claims which Charterers may have against Owners, no deadfreight between the quantity loaded and the quantity !47
148
shown in Part I clause (F) shall be du.
9. Charterers shall have the right to require the vessel to shift at ports of loading and/or discharging from a
149
Shifing
loading or discharging berth within port limits andor to a waiting place inside or outside port limis and back to the 150
For the 15)
sarne or to another such berth/place once or more often on payment of all additional expenses incured.
are
purposes of freight payment and shifting the places grouped in Port and Terminal Combinations in Worldscale
152
153
to be considered as berths witiin a single pot. lf at any time before carg0 operations are completed it becomes
dangerous for the vessel to remain at the specified berth es a result of wind or water conditions, Cl.arterers shall pay 154
155
all additional expenses of shifting from any such berth and back to that or any other specified berh within port 156
limits (except to the cxtent that any fault of the vessel contributed to such danger). 157
Subject to Part li ciause 14(a) and (c) time spent shifting shall count against laytime or if the vessel is on 158
demurrage for demurrage.
to the terms 159
Charterers 10. If the vessel is de!zyed due to Charterers' breach of Part II clause 3 Charterers shall, subject
were time excecding the I60
failure to hercof, compensale Owners in accordance with Part II ciause 15(1) and (2) as if such dclay 161
laytime. Such compensation shall be Owners' soie remedy in respect of such delay.
give orders
162
The period of such delay shall be calculated:
of loading or 163
(i) rom 6 hours after Owners notify Charterers that the vessel is delayed awaiting nomination
164
discharging port until such nomnination has been received by Owners, or
port until 165
(i) from 6 hours afler the vessel gives notice of readiness at the loading or discharging 166
commencement of loading or discharging.
in Part II clause 14. Any period of 167
as the case rmay be, subject always tr the same exceptions as those set out
in respect of which Charterers pzy compernsation pursuant lo Uhis clause 10 shall b excluded from any 168
delay Charter. 169
calculation of time for laytime or demurrage rmade under any other clause of this 170
demand compensation afer
Periods of delay hereunder shall be cumulative for cach purt, and Owners may succee
each ding 5 nunning days of 171
the vessel has becn delayed for a total of 20 running days, and thereafer after
of which compensation is 172
delay and at the end of any delay. Each such demand shall show the period in14respect
days afler receipt of Owners 173
claimed and the amount due. Charterers shall pay the full amount due within
the righi to lerminate this Charter 174
demand. Should Charterers fail to make any such payments Owners shall have
prejudice to any claims which C! arierers or 175
by giving written noticc to Chartcrers or their agents, without
otherwise. 176
or
Owners may have against cach other under this Charter
the termination date set out in Pan I clause 177
Laydays/ 11. Should the vessel not be ready to load by noon local tine on
the option of terminating this Charter unless the vessel has been delayed due to Charterers' 178
Termination (C) Charterers shall have
laydays shall be extended by the period of 175
change of orders pursuant to Part II clause 26, in which case the 180
such delay. inade to tte
enerated 6HELVOY6 lorm prinied by authorty d BIlaCO. yinsoiun or delelan to the lom must bo cdeaty visitie. n Ihe everl d any mudicalion
or expanse as a
This docuTent ls a computer ent whih ls nd deaty vible, tte lext a he ongnal ElaCO approved doaumen sall apply. BMCO assume no fespons bily lor any loes, danaçe
pre-prnted text ofAndes between the orglnal DMCO approved docunent and this compuie generated ducumert
resut
Issued March 2005 uSHELLVOY 6"
PART II
as Owners become aware that the vessel will not be ready to load by noon on the termination date
As soon to elect whether or not to
Charterers
Owncrs will give notice to Charterers declaring a new readiness date and ask
terminate this Charter.
Within 4 days aftcr such notice, Charterers shall cither:
(i) declare this Charter terminated or
confirm a revised set of lay days which shall be amended such that the new readiness date stated shall
(ii)
the ternination date or
be the commencement date and the second day thereafter shall te
(iii) agree a new set of laydays or an extension to the laydayS mutually acceptable to Owners and Charterers
The provisions of this clause and the exercise or non-exercise by Charterers of their option to terminate
shall not prejudice any claims which Charterers or Owners may have against each other.
Laytimc
12. (1) The laytime for loading, discharging and all other Charterers' purposes whatsoever shal! be the
nunber of running hours specified in Part I clause (I). Charerers shall have the right to load and discharge at all
times, including night, provided that they shall pay for all extra cxpenses incurred ashore.
(2) If vessel is able to, and Charterers so instruct, the vessel shall load earlier than the commencement of
of laydays and Charterers shall have the benefit of such time saved by way of offsct from any demurrage incured.
Such benefit shall be the tíme between commencement of loading until the commencement of the original laydays.
Notice of and 14,
13. (1) Subject to the provisions of Part II clauses 13(3) commence
rcadiness Time at each loading or discharging port shall to run 6 hours after the vessel is in
(a)
Running all respects rcady to load or discharge and written noticc thereof has becn tendered by the
time master or Owners' agents to Charterers or their agents and the vessel is securely moored at
the specified loading or discharging berth. However, if the vessel does not proceed
immediately to such berth time shall commence to run 6 hours after () the vessel is lying in
the area where she was ordered to wait or, in the absence of any such specific order, in a
usual waiting area and (i) writen notice of readiness has been tendered and (iüi) the
specificdberth is accessible. A loading or discharging berh shall be deemed inaccessible
only for so long as the vessel is or would be prevented from proceeding to it by bad weather,
tidal conditions, ice, awaiting day light, pilot or tugs, or port iraf+ic control requirements
(except those requirements resulting from the unavailabiliry of such terth or of the cargo ).
IfCharterers fail to specify a berth at any port, the first berth at which the ves_el loads or
discharges the cargo or any part thereof shall be deenmed to be the specified berth at such
port for the purposes of this clause.
Notice shallnot be tendered before coramencement of lay days and notice tendered by redio
slhall qualify as written noice provided it is cenfirned in writing as soon as reasonably
possible.
Time shall never commence before six heus after commencement of laydays unless loading
commences prior to this time as provided in clause l3 (3).
If Owners fail;
() to obtain Customs clearance; and/or
(ii) to obtain free pratique un less this is not customary prior to berthing, andier
(iii) to have on board all paperscerti ficates required to perform this Charter, either
within
the 6 hours after nocice of readi ness originaly tendered or when time would otherwise
normally commence under this Charter, then the original noice of rcadiness shallno:
be valid. A new notice of readiness may only be tendered when Customs clearance and/or
free pratique has been granted and/or all papers'eertificates required are in order in accordance
with relevant authorities' requirements. Laytime or demurrage, if on demurrage, would then
conmence in accordance with the terms of this Charter. All time, costs and expenses as a
result of delays due to any of the foregoung shall be for Owners' account
(b) Time shall:
() continue to run until the cargo hoses have been disconnected.
(ii) recommence two hours after disconnection of hoses if the vessel is delayed for Charterers
purposes and shall continue until the ternination of such delay provided that if the vessel waits
at any place other than the berth, any time or part of te time on passage to such other place that
occurs after two hours from disconnection ot hoses shall not count.
(2) If the vessel loaus or discharges cargo by trarslipanent at sea time shall commence in accordance with
Pat li clause l3 (1) (a) and run until transhipment has been completed and the vessels have separated, always
subject to Part II clause 14.
(3) Notwiths tanding anyhing else in this clause 13, ir Charterers start loading or discharging the
vessel before time would otherwise start to run under this Charter, time shall run from commencement of such
loading or discharging.
(4) For the purposes of this clause 13 and of Part II clause 14 and Part II clause 15 "time" shall mean laytime
Ihs doamel is acompuder gererated SHELLVOY6 form printed by autharity d BINCO. Any insartion or de elaito tha lom muat be deaty uslble n tha event ol any mocificatbon made io the
pre ptnied leat trus documet shich b na cieaty visible, the lext o ihe ongna BiMCO approved document shall apply. BiMCO assumes no respors bliy or any lass, damage or experse as a
resa ol 4screparces betwaen tha origna BiNCo approved docurnert and ihis campulur generalud docunen
Issued March 2005 "SHELLVOY 6"
PART II
241
or time counting for dernurrage, as the case may be.
242
Suspension 14. Time shall not count wben:
of time (a) spent on inward passage from the vesse's waiting arca to thc loading or discharging berth 243
specified by Cherterers, even if lightening occuTed at such waiting arca; or 244
(b) spent in carrying out vessel operations, including but not limited to bunkering, discharging 245
246
slops and tank washings, and handing ballast, except to the extent that cargo operaions are 247
carried on concurrently and are not delayed thereby; or
lost as a resuli of: 248
(c)
249
breach of this Charter by Owners; or
(i) any causc attributable to the vessel, (including tut not limited to the warranties in Part! 250
(A)of this Charter) including breakdown or inefticiency of the vessel; or 251
(ii) strike, lockout, sioppage or restraint of labour of master, oftficers or crew of the vessel or 252
253
tug boats or pilot.
254
Denurage 15. (1) Charterers shall pay demurage at the rate speciied in Part I clause (J).
ifthe demurrage rate specifed in Part I clause (J) is expressed as a percentage of Worldscale such percentage 255
shall be applied to the demurage rale appiicable to vessels of a similar size to the vessel as provided in Worldscale
256
or, for he purpose of clause 10 and/or if this Charter is terminated prior to the commencement of loading, in 257
Worldscale current at the terrnination date specified in Part Iclause (C). 258
Demurrage shall be paid per running day or pro rata for part thereof for all time which, under the provisions 259
of this Charter, counts against laytime or for demurrage and which exceeds the lzytime specified in Part Iclausc (I).
260
Charterers' liability for excecding the laytime shall be absolute and shall not in any case be subject to the 261
provisions of Part ll clause 32. 262
(2) Lf, however, all or part of such demurrage ariscs out of or results from fire or cxpiosion or strike or
263
264
failere breakdownof plant and/ar machinery at ports of loading andor discharging in cr about the plant of
caused by the negligerce or wilful act 265
Charterers, shippers or consignces of the cargo (not being a fire or expiosion 266
or omission of Charterers, shippers or consignees of the cargo or their respective servants or agents), act of God, act
of war, riot, civil commotion, or arrest or restraint of princes, rulers or peopics, the laytime used and/or the rate of
267
demurrage shall be reduced by half for such laytime used and/or for such demurrage or such parts thereot. 268
269
(3) Owners shall notify Charterers within 60 days after completion of discharge if demurrage has 270
Charterers, within
been incurred and any demurrage clairn shall be fully and corectiy docurnented, and received by
90 days after compietion of discharge. If Owers fail to give notice of ot to subrait any such claim with
271
be 272
documentation, as required berein, within the limits aforesaid, Charterers' iability for such demurrage shail 273
extinguished. 274
or discharged
(4) If any part cargo tor other charterers, shippers or consignees (2s the case rnay be) is loaded
the same berth, then any time uscd by the vessel waiting at or for such berth and in lcading or disctarging which 275
at in the proportion 276
would otherwise count 2s laytine or if the vessel is on demurrage for demurrage, shall be prorated of 277
Ifhowever, the running
that Charterers' cargo bears to the total urgo to be lozded or discharged at such berth. 278
such time snall
laytime or demurrage, if on demurrage, is solely attributable to other parties' cargo operations then
lay time or demurage, if on demurage, against Charterers under this Charter. 279
not count in calculating
on board the vessel at any 280
Vessel 16. Charterers shall have the right, but no duty, to h2ve a representative attend
inspection 281
inspection loading and/or discharging ports and the masier and Owncrs shall co-operaie to facilitate hisnon-exercise 282
the exercise or
of the vessel and observation of cargo operations. However, such right, and 283
to
thereof, shall in no way reduce the masier's or Owners authority over, or responsibi!lity
nor increase Charterers' 284
Charterers and third parties for, the vessel and every aspect of her operation, 285
responsibilities to Owners or third parties for the sane.
the right to require 286
Cargo 17. This clause I17 is without prejudice to Par llclause 2 hereof. Charterers shall have 287
inspection at loading and/or discharging ports to ascertain the quantity and quality of the cargo,
inspection of the vessel's tanks and/or ullaging shall be carried out 288
of the tanks to permit inspection
waler and residues on board Depressurisation
accordance with the recommendatiots in the latest ediion of the ISGOTT guidelines. Charterers shall also have 289
in
and other non-cargo spaces. Any delay to the vesscl
290
the right to inspect and take sample from the bunker tanksdepressurising/repressurising of tanks shall count ugainst 291
caused by such inspection and measuremcrit or associaled 292
laytime, or if the vessel is on demurrage, for dernurage.
after loading and before and afler 293
18. The master shall ascertain the contents of all tanks before and
Cargo
ullage reports of the cargo, water and residues on board which shl! 294
mcasure discharging, and shall prepare tank-by-tank
if requested. Each such ullage report shall show 295
ment
be promptly made available to Charterers or their representative lermperature (15° Celsius). All quantities shall be 296
actual ullage/dips, and densities at observed and standard
297
lemperature.
expressed in cubic metres at both observed and standard
Regulation 62, Chapler l1-2 of the 1974 Setcty of 298
Inert gas 19. The vessel's inert gas system (if any) shall comply with
be visibie. in ue event u any moMicalon made lo he
YO lorm printed by all writy u BIMCO Any insertun or deletion to he fonn must dealy
This document
pre-pdnted tet is
al a compule
this generaled
doCument which is SHELVOYee
ng oforaBIMCo N9proved daaunert shl apply. BMCO assures no ispnsitbility lor any locs, damago u epone as e
generaled documerL
document and his computer
resut ol dsorepandes betwcen the original BIMCO approved
Issued March 2005 "SHELLvOY 6
PARTI!
and Owners wamat
Life at Sea Convention as modified by the Protocol of 1978, and any subsequent amendments, throughout the 299
that such system shall be operated (subject to the provisions of Part II clause 2), during loading, J00
publication "Inert Gas Syetem
voyage and during discharze, and in accordance with the guidance given in the IMO 301
(1983)". Should the inert gas systern fail, Section 8 (Emergency Procedures) of the said lIMO publication shall he J02
strictly adhered to and time lost as a consequence of such failure shall not count against laytime or, if the vesselis 303
on denurage, for dernurrage. 304
Crude oil If the vessel is equipped for crude oil washing Charterers shall have the right to require the vessl to
washing crude20.
oil wash, concurrently with discharge, those tanks in which Charterers' cargo is carried. If crude oil wasbing J06
is required by Charterers any additional discharge time thereby incured, always subject to the next suCceeding 307
Sentences, shall count against laytine or, if the vessel is on demurrage, for demurrage. The number ofhours 308
specified in Part I clause (A) () (viü) shall be increased by 0.6 hours per cargo tank washed, always subject 309
to a maximun incrcase of 8 hours. If vessel fails to maintain 100 PSÍ throughout the discharge then any time over 310
24 hours, plus the additional discharge perfomance allowance under this clause, shall not count as laytime or 31
demurrage, if on demurrage. This clause 20 does not reduce Owners' liability for the vessel lo perform her service 312
with utnost despatch as set out in Part I, clause 3(1), Ihe master shall provide Charterers with acrude oil washing log 313
idenifying each tasik washed, and stauing whether such tank has been washed to the MARPOL minimum standard
or has been the subject of additional crude oil washing and whether requested by Charterers or otherwise.
314
31
Overage 21. Any addiional insurance on the cargo required because of the age of the vessel shall be for Owners' 316
insurance account. 317
Ice 22, The vessel shall not be required to force ice or to follow icebreakers. If the master finds that a 318
nominated por: is inaccessible due to ice, the maser shall imnediately notify Charterers requesting revised 319
orders and stallrermain outside the ice-bound are; and if añer arival at anominated port there is danger of the 320
vessel being frozen the vessel shall proceed to the nearest safe and ice free position and at the same time 321
requestCharterers to give revised orders. 322
another port, orgive notice cancelling this Charter in which case they shall pay at the demurrage 325
rale in Part Iclause (J)for the time from the niaster's notification aforesaid or from notice 326
of rcadiness on arrival, as the case may be, until the time such cancellation notice is given, 327
(i) a loading port and part of the cargo has been loaded, Charterers shall either nominate another 328
329
port, or order the vessel to proceed on the voyage witho ut compleing lvading in which cae
Charterers shali pay for any deadfreight arising theretrom, 330
(Gii) a discharging por, Charterers shail either aominate anoiier pert or order the vessel to proceed to ar 331
332
return te and discharge at the nominated port. Ifthe vessel is ordered to procecd tu or return to a
333
nominated port, Charterers shall bear the risk of the vessel being damaged whilst proceeding to or
334
returning to or at such port, and the whole period irom the time when the master's request for revised
03
orders is received by Charterers unuil the vessel can safcly depart ailer completion ot discharge shall
336
count against laytime or, if the vessel is on denmurrage, for demurage.
337
I, as aconsequence of Chartere srevising orders pursuant to this clause, the nominated port(s) or the 338
number or roation of ports is changed, freight shall nevertheless be paid for the voyage which the vessel would
otherwise have perforrucd had the orders not been so revised, such reight lo be increased or reduced by the
340
annount by which, as a result of such revision of orders,
341
(a) the time used including ay ime awaiting revised orders (which shall be valued at the demurrage rate
342
in Part I clause (J), and
343
(b) the bunkers consumed, at replacement cost and
344
(c) the port charges
for the voyage actually perfoned are greater ur less than those tat would have been incurred on the 345
346
voyBge which, but for the reviscd orders under this clause, the vessel would have performed.
347
Querantine 23. Time lost due to quarantine shall not count against laytime or for demurrage unless such quarantine
3498
was in force at the time when the affected port was nominaled by Charterers.
349
Agcncy 24. The vesse's agents shall be noninated by Charterers at rominated pors of loading and discharging
350
Such agents, although nominated by Charterers, shall be employed and paid by Owners.
351
Chartercrs' 25.(1) If che vessel, with the quantity of cargothen on board, is unable due to inadequate deph of
obligation al 352
shallow dratt
water in the port safely to resch any specified discharging berth and discharge the cargo there always safely afloat,
353
port/
Charierers sall specily a location within port liis where the vessel can discharge sufficient cargo into vessels or
354
Lighteaing lighters to enable the vessel safely to reach and discharge cargo at such discharging berth, and the vessel shall
lighien al such location. 355
In pot
(2) Ifthe vessel is lightened pursuant to clause 25(1) then, for the purposes of the calculation 356
duaun be conguler gener aled SHELLVOYo lom pinked by aunoty ot BACO., Any inserton o delelicn to tr e loun must be deaty visibla. in the event d any modificaticn made to the
e.odoled led dl nis docunant which is nai duady visibio, na leai of ho oigina iKCO approved docunent shal apply. BIAICO Assumes no responsibily for ary loss, damaçe or expense as a
resu od disctecanaes belvw can he angin BiMCO appovod document and his computar generaled cocument
"SHELLvOY 6"
Issued March 200s
PART I
357
berth within the port where
of laytime and demurrage, the lightening place shall be treated as the first discharging 358
such lightening occurs.
to vary such 359
Charterers 26.(1) If, after loading and/or discharging ports have been nominated, Charterers wish and/or (E), as the case 360
rotation, Charterers may give revised orders subject to Part I clause (D)
orders/ nominations or their 361
provided in PartI clause (J) for any deviation or
Change of may be. Charterers shail reimburse Owners at the demurrage rate 362
ordery Part
delay which may result there from and shall pay st replacement cost for any extra bunkers consumed.
363
cargo variation.
transhipacnt Charterers shall not be liable for any other loss or expense which is caused by such 364
discharge any part of the
(2) Subject to Part lclause 33(6), Charterers may order the vessel to load and'or 365
at sea in the vicinity of any nominated port or en route between two nominated ports, in
cargo by transhipmeat of such transhipment as a load 366
may do at any time) to treat the place
which case unless Charterers elect, (which they 367
discharge port (subject to the number of ports and ranges in Part I clauses (D) and (E) of this Charter), Charterers
or 368
for any additional steaming time and/or
shall reimburse Owners at the demurrage rate specified in PatIclause (J) the location at sea of such transhipment 369
delay which may be incurred 2s a consequence of proceeding to and from 370
bunkers consumed.
and, in addition, Charterers shall pay at replacemeni cost for any extra 371
remain during this Charter,
(3)) Owners warant that the vessel, master, officers and crew are, and shall 372
the ICS/ OCIMF Ship to Ship Trans fer
capable of safely carying out all the procedures in the curent edition of a ship to ship transfer the master 373
Guide (Petroleurm). Owners further warrant that when instructed to perform 374
shall provide, and pay for,
Oficers and crew shall, at all times, comply with such proccdures. Charerers 379
to ship operation.
the necessary equipmeat and, if necessary, mooring master, for such ship
at discharging port(s), 376
Hezing of 27. IfCharterers require cargo heating the vessel shall, on passage to and whilst 377
stated in Part Iclause (A) () (iv), whichever is
cargo maintain the cargo 21 the loaded temperaure or at the temperature
mey request thet the temperarure of the cargo be raised above or lowered beiow that at which 378
the lower. Charterers 379
which event Owners shall °se their best endeavours to comply with such request and Charterers
it was loaded, ir the vessel 380
any consequential delay to
shall pay at replacement cost for any additional bunkers consumcd and
demurrage.
381
shall count against laytime or, if the vessel is on demurrage, for
at thc first load port or if the loadirg 382
ETA 28.(1) Owners shell give Charterers a time and date of expected arival Quoin Island (hereinafter called"load port" 383
range is in the Arabian Guif, the time of her expected arrivai off 384
Owners shall further advise Charterers at any time between the
in this clause) at the date of this Charter. in vessel's expected arrival 385
Charter date and arival at load port of any variation of 6 hours or more 386
time/date at the load port. 387
the master shall:
(2) Owners undertake that, unless Charterers require otherwise, 38
the previous voyage
(a) advise Chartercrs immediately on lcaving the final port of call on 389
at the first loading port and sball further
of the time and date of the vessel's expected arriva! 390
advise Charterers 72, 48,36, and 24 hours before the expccted arrival time/date.
391
port, of the vessel's
(b) advise Charerers immediately afier depature from the final loading 392
time of arrival at the first discharging port or thc arca at sea to which the vessel has been
cxpectcd 393
advice not later than 72, 48, 36
instructed to proceed for wire less orders, and confirn or amend such 394
ard 24 bours before the vessel is due at such port or arca; 395
hours from expecled times of artival
(c) advise Charerers immediately of eny variation of more than six 396
to Charterers;
at loading or discharging ports, Quoin Lsland or such erca at sca 397
address all messages as specified in Parn I clause (K). 398
additional expenses arising as a result of non-compliance
Owners shall be responsible for any consequences or 399
with this clause.
first load port, the vessel ceases to comply
400
(3) If at any time prior to the lender of notice of readiness at the 401
in Part I clause (A) and in any questionnaire(s), the Owners shall immediately notify
with the description set out cnsure that the 402
Charteres of the same, providing full particulars, and cxplaining what steps Owners are taking to 403
comply. Any silence or failure on the part of Charterers to respond to or any inaction taken in respect
vessel will so 404
to a waiver of any rights or renedies whicb Charterers may lave in respect of
of any such noticc shall not arnount 405
the matters notified by Owners.
406
29. Charterers have the option of shipping productsshall and/or gencral cargo in available dry cargo space, the 407
Packcd
to the master's discretion. Freight be peyable at the bulk rate in accordance with
Quantity being subject 408
cargo
all cxpenses incurred solely as a result of the packed cargo being
Part II clause Sand Charterers shall pay in addition of such option shall count against laytine or, if the vessel is 409
stop, except as allowed in this clause 31, without prior permission of Chartercrs, Cargo 417
Club. 418
(whether or not such Rules were so incorporated) or, if no such bill of lading is issued, to the 44
Hague-Visby rules unles the Harnburg Rules compulsory apply in which case to he Hamburg 442
Rules. 443
Bills of 33. (1) Subject to the provisions of this clause Charterers may roquire the master to sign lawful bils of 444
lading lading for any cargo in such form as Charterers direct 445
(2) The signing of bils of lacing shall be withou! prejudice to this Charter and Chartcrers hereby 440
447
indemnify Owners against all liabilities that nay arise from sigring bills of lading io the extent that the same
448
impose liabilities upon Owners in excess of or beyord those impased by this Cçatet.
(3) Allbills of lading presented o the master fur signature, in additiou 'o complying with the 449
450
Requirements of Part ll chauses 35, 36 and 37, shali include or efYecively incorporate clauses substantially simi'ar to
the terms of Part II clauses 22, 33(7) and 34. 451
(4) Allbills of lading presented for signature hereurnder shall show anamed port of discharge. If 452
453
when bills of lading are presented for signature discharging port(s) have been nominated bereunder, the
discharging pon(s) shown on such bills of lading shall be in conformiiy with the nominaled port(s). If ax the time 454
455
of such presentation no such nomination has been made hereunder, the discharging por(s) shown on such bills of
lading must be within Part l clause (E) and shall be deemed to have been nominared hereunder by vitue of such 456
presentation. 457
458
(5) Aricle lI Rules 3and 5 of the Iiague-Visby Rules shall apply to the particulars included in the
459
bills of lacing as if Charterers were the shippers, and the guarantee and indemnity therein contained shall apply to
460
the deseription of the cargo fumished by or on behalf of Charterers. 46
(6) Norwithstanding any other provisions of this Charter, Owners shall be obliged to comply with
462
uny orders from Charterers to discharge all or part of the cargo provided that they have received from Charterers
written confirmation of such orders. 463
464
if Chartercrs by telex, facsinile or other forn of wrilten comm unication that specifically refers to this clause request
465
Owners to discharge a quantily of cargo either:
466
(a) without bills of lading andor
at a discharge place other than that naned in a bill of lading and/or 467
(b)
Lhat is ditlerent from the bill of lading quantity 468
(c)
469
then Owners shall discharge such cargo in accordance with Charterers' instructions in consideration of receiving the
Following indemnity which shall be deemed to be given by Charterers on each and every such occasion and which is limited 470
471
in value to 200 per cent of the C.I.F. value of the cargo on board:
(1) Charterers shall indemnify Owners, and Owners' servants and agents in respect of any liability loss or damage 472
of whatsoever nature (including lcgal costs as between allorney or solicilor and client and associated expenses) 473
474
which Owners may sustain by reason of delivering such cargo in accordance with Charterers' request.
475
(ii) If any proceeding is com1nenccd against Owners or any of Owners' servants or agents in connection with the
This doaument is a conputer generated SHELLVOYB lon panted by authoty d DIMCO. Any lnsetion or delebon to the lom must be deaty visitle. in he event al any modticaion made to the
Dre-cried test ci ihia document which ia noa deay vs te, he ieal d ve aignal BIMCO açpovad doaument shal apcy. BIACO assumes no responsitäty lor any lccs, camage or expers a
RJA d Csgepandasbetween te ongina BAKCO appoved docunert and thia computer generatod doaument.
«SHELLVOY 6
Issued March 2005
PART II
of
vessel having delivered cargo in accordance with such request, Charterers shall provide Owncrs or any
476
Owners' servants or agents from time to time on demand with suflicient funds to defend the said proceedings. 477
if the arrest 478
(iii) If the vessel or any other vessel or property belonging to Owners sbould be arrested or detained, or
should be threatened, by reason of discharge in accordance with Charterers' instruction as 479
or detention thereof 480
aforesaid, Charterers shall provide on demand such bail or other security as may be required to prevent such arrest
in respect
or detention or to secure the release of such vessel or property and Charterers shall indemnify Owners
481
caused by such arrest or detenion whether or not the same may be justified. 482
of any loss, damage or expenses 483
(iv) Charterers shall, if called upon to do so at any time while such cargo is in Charterers' possession, custody or 484
control, redeliver the same 1o Owners.
485
() As soon as all original bills of lading for the above cargo which name as discharge port the place where 486
delivery actually occured shall have arrived andor come into Charterers' possession, Charterers shall 487
produce and deliver the same to Ownets, whereupon Charterers' liability hereunder shall cease.
Provided however, if Charterers have not received all such original bills of lading by 24.00 hours on the day
488
489
36 calendar months afer the date of discharge, then this indennily shell lenninate at that time unless before 490
that time Charterers have received from Owners written notice that:
or 491
(a) some person is making a claim in connevtion with OwIers delivering cargo pursuant lo Charterers' request 492
(b) legal proceedings have been commenced against Owners and/or carriers and Charterers and/or any of 493
their respective servants or agents and/or the vessel for the same reason.
494
When Charterers have reccived such a noice. then this indennity shall continue in force until such claim or legal
proceedings are settled. Termination of this indemnity shall not prejudice any legal rights a party may have 495
496
outside this indemnity.
(vi)
Owners shall promptly notify Charterers if any person (other than a person to whom Charterers ordered 497
cargo to be delivered) claims to be entitled to such cargo and/or if the vessel or any other property belonging 498
499
to Owners is arrested by reason of any such discharge of cargo.
(vii) This indemnity shall be govermed and construed in accordance with the English law and cach and any dispute S00
arising out of or in connection with this indemnity shall be subject to the jurisdiction of the High Court of S01
s02
Justice of England.
503
(T) The master shall not be required o. bound to sign bills of lacing for any blockaded port or for any port which the S04
master or Owners in his or their discretion consider dangerous or impossible to enter or reach.
(8) Charterers hereby warTant that on each and every occasion that they issue orders under Part IIclauses 22, 26, 34 505
or 38 they will have the authority of the holders of the bills of lading to give such orders, and that such bills of lading will not 506
S07
be transferred to any person who does not concur therein.
(9) Owners hereby agree that original bill(s) of lading, if available, will be allowed to be placed on board. s08
s09
If origina!bil3) of lading ue placed on board, Owners agree that vessel will discharge cargo agains: such billis) of lading 510
carried on board, on receipt of receivers' proof of identity.
511
War risks 34.(1) If
any ioading or dischargig port to which the vessel may properly be odered under the provisions of this Charter
S12
(a)
or bills of lading issued pursuant to this Charter be blockaded, or 513
(b) owing to any war, hostiliies, warlike operation, civil commotions, revolutions, or the operation of international 514
law (i) entry to any such loading or discharging port or the loading or discharging of cargo at any such port be 515
considered by the masier or Owners in his or their discretion dangerous or prohibited or (ii) it be considered S16
by the master or Owners in his or their discretion dangerous or impossible or prohibited for the vessel to reach S17
518
any such loading or discarging port,
Charterers shall have the right to order the cargo or such part of it as may be affected to be loaded or discharged at any other 519
loading or discharging port within the ranges specified in Part I clause (D) or (E) respectively (provided such other port is not 520
blockaded and that entry thereto or loading or discharging of cargo thereat or reaching the sarne is not in the master's or Owners' 521
S22
opinion dangerous or impossible or prohibiled).
(2) If no orders be received from Charterers within 48 hours after they or their agents have received from Owners a 523
request for the nomination of a substitute port, then 524
if the affected por is the first or only loading port and no cargo has been loaded, this Charter shall terninate 525
(a) 526
forthwith;
527
(b) if the affected port is aloading port and part of the cargo has already been loaded, the vessel may proceed on
passage and Charterers shall pay for any deadfreight so incurred; 528
529
(c) if he affccted port is adischarging port, Owners shal be at liberty to discharge the cargo at any port which they
or the naster may in their or his discretion decide on (whether within the range spccified in Part I clause (E) 530
or not) and such discharging shall be deemed to be due fulfilment of the contract or contracts of affreightment S31
so far as cargo so discharged is concerned. S32
(3) 1f in accordance with clause 34(1) or (2) cargo is loaded or dischargcd at any such other port, freight shall be paid 533
as for the voyage originally nominated, such freight to be increased or reduced by the amount by which, as a result of loading 534
535
or discharging at such other port,
(a) the time on voyage including any time awaiting revised orders (which shall be valued at the demurrage rate in 536
Part I clause (J), and 537
oetated SHELLyOY6 lom pinted by authorty ot DlNCo. Any insenin or deleien lo he lom must be cdeany istie in e evonl oany modil caian made to thu
This doament acompoe te nrt deady visible. the lext a the orgnal BIMCO approved doaument shail upply, BIMCO assumes no responsoity lor any ioss, cmes or exDonce ao
pre prnted teepancdes
resut
o i th odcina BMOOaporoved doaument and ihls computor generaied docurment
Issued March 2005 "SHELLVOY 6"
PARTI
538
(b) the bunkers consumed, at replacement cost, and
S39
(c) the port charges
Ior the voyage actually performed are grcater or less than those which would have been incurred on he voy age originally 540
oinmatea save as aforesaid, the voy age actually performed shall be treated for the purpose of this Charter as ifit were the 541
542
voyage originally nominated.
(9) The vesselshall have liberty to comply with any directions or recommendations as to departure, arrival, routes, ports 543
of call, stoppages, destinations, zones, waters, delivery or in any otherwise whatsoever given by the govermment of the nation 544
under whose fiag the vessel sails or any other govermment or local authority including any de facto govemment or local authority 546
4$
or by any person or body acting or purporting to act as or with the authority of any such govermment or authority or by any
Commitee or person having under the terrms of the war risks insurance on the vessel the right to give any such directions $47
548
or recommendations. If by teason of or in compliance with any such directions or recommendations anything is done or is not S49
done, such shall not be deerned a deviation.
f, by reason of or in compliance with any such dirertions or recommendations as are mentioned in clause 34 (4), the vessel does 550
551
not proceed to the discharging port or ports originaly nominated or to which she may have been properly ordered under the S52
provisions of this Charter or bills of lading issued pursuant to this Charter, the vessel may proceed to any discharging port on
$53
which the master or Owners in his or their discretion may decide and there discharge the cargo. Such discharging shall be
deerned to be due fulfilment of the contract or contracts of affreightment and Owners shall be entitled to freight as if discharging $54
555
had bcen efected at the port or ports orizinaly nominated or to which the vessel may have been properiy ordered under the $56
provisions of this Charter or bills of lading issued pursuant to this Charter. All extra expenses involved in reaching and
discharging the cargo at any such oher discharg ing port shall be paid by Charte:ers and Owners shall have alien on the cargo for s57
$58
all such extra experses.
559
(5) Owners shall pay for all additional war risk insurance premiums, both for annual periods and also for he specific
periornance of this Charter, on the Hull and Machinery value, as per Part Iclause (A) (1) (xiu) applicable at the date of his 560
Charter,or the date the vessel was fxed "on subjects" (whicbever is the earlier), and all reasonable crew war bonus. The period 561
562
of voyage aditional war risks premium shall commence when the vessel enters awar risk zone as designated by the London
insurance na.ket and cease iwhen the vessel leaves such zone. If the vessel is already in such a zone the period shall commence 563
564
on tendering notice of readiness under this Charter.
S65
Any increase or decrease in voyage additional war risk premium and any period in excess of the first fourteen days shallbe for 566
Charterers' account and payable against proven documentation. Any discount or rebate refunded to Owmers for whatever reascn
567
shall be passed on lo Charterers. Any preniuns, and increase thereto, attributable to closure insurance (i.e. blocking and
trapping)shallbe for Owners' account. 568
Both to S69
blame clause
35. Ifthe liability for any colision in which the vessel is involved while performing this Charter falls to be determined in
accorCance with the laws of the United States of America, the following clause, which shali be included in all bills of lading 570
default of uhe master, nariner, pilot or the servants of the Carrier in the navigation or in the management of the vessel, the 573
owners of the cargo carmed hereunder will indemnify the Carrier against all loss or liability to the other or non-carrying vessel 574
or her owners in so far as such loss or liability represents loss of, or damage to, or any claim whatscever of the owners of the said 575
cargo, paid or payable by the other or non-carrying vessel or her owners to the owners of the said cargo and set off, recouped or 576
recovered by the other or non-carry ing vessel or her owners as part of their claim against the carrying vessel or the Carrier.
The foregoing provisions shallalso apply where the owners, operators or those in charge of any vessel or vessels or objects 578
other than, or in addition to, the colliding vessels or objects are at fault in respect of a collision or contact." 579
Gencral 36. General average shall be payable according to the York/Antwerp Rules 1994, as amended from time to time, and shall 580
average/ be adjusted in London. A!l disputes relating to General Average shall be resolved in London in accordance with English Law. 58!
New Jason
clause Without prejudice to the foregoing, should the adjustment be made in accordance with the Law and practice of the United States 582
of America, the following clause, which shall be included in all bills of lading issued pursuant to this Charter, shall apply: S83
"In the event of accident, danger, damage or disaster before or after he commencement of the voyage, resuling from any 584
cause whatsoever, whether due to negligence or not, for which, or for the consequence of which, the Carrier is not responsible, S85
by statute, contract or otherwise, the cargo, shippers, consignees or owners of the cargo shall contribule with the Carrier in
general average to the payment of any sacrifices, losses or expenses of ageneral average nature that may be made or incurred and 587
shall pay salvage and special ciarges incurred in respect of the cargo. 588
Ifa salving vessel is owned or operated by the Carier, salvage shall be paid for as fully as if the said salving vessel or 589
vessels belonged to strangers. Such deposit as the Carrier or its agents may deen suficient to cover the estimated contribution of s90
the cargo and any salvage and special charges thereon shal, if required, be made by the cargo, shippers, consignees or owners of s91
the cargo to the Carrier before delivery." s92
Clause 37. The following clause shall be included in all bills of lading issued pursuant to this Charter: 593
Paranount
() Subject to sub-clauses (2) or (3) hereof, this bil of ladingshall be govemed by, and have effect subject to the rules
contained in the International Convention for the Unification of Cetain Rules relaing to bills of lading signed at Brussels on 28th $95
August 1924 (hereafter he "Hague Rules") as arnended by the Proiocol signed at Brussels on 23 February 1968 (hereafer the S96
"Hague-Visby Rules"). Nothing contained herein shal! be deemed to be cither asurrender by the carrier of any of his rights or 597
Thia ocument lw acormputor genaraad ELLVOV6 lom prnted by authaity d DNCO. Any lrserion or delatin to the lum muat be ceary vsible in ne event of any modtication made in the
pre-piio0
rGBut ent whicnis na deary vsitie, ihe texi at tha originai BiNMCO aporoved documant shal aooy. BNICO assumes no responsbily for anylosa, demese aaD
of dscepncdos beweon ihe origina BIMCO approved documont and this conpulor gOneralgd document.
"SHELLVOY 6"
Issued March 2005
PART I
Rules. 598
responsibilities or liabilities under the Hague-Visby
immunities or any increase of any of his Rules compulsorily to this bill of lading, to the exclusion of 599
goverming legislation which applies the Haguc
(2) If there is herein contained shall be 600
shall have effect subject to the Hague Rules. Nothing of his responsibilities or
the Hague-Visby Rules, then this bill of lading increasc of any 601
deermed to be eithet a surender by the carrier of any of his rights or inmunities or an 602
liabilities under the Hague Rules. CaTiage of Goods By Sea 1978 603
applies the United Nations Convention on the
(3) If there is governing legislation which Hague-Visby Rules, then this bill of 604
of lading to the exclusion of the
(hereafter the"Hamburg Rules") compulsorily to this bill shall be deemed to be either a surender by the
605
Rules. Nothing herein contained
lading shall have effect subject to the Harmburg under the Hamburg Rules. 606
an increase of any of his responsibilities or liabilities
carrier of any of his rights or immunities or Hague-Visby Rules, or Hague Rules or Hamburg Rules, if
607
to the
(4) If any tern of this bill of lading is repugnant
no further.
608
applicabie such term shall be void to that extent but of any 609
in any way restricting, excluding or waiving the right
(5) Nothing in this bill of lacing shall be construed as legislation and/or lew. 610
availabie
relevant party or person to limit his liability under any 611
anddor backload a part or full cargo at any nominated
port within the
Back loading 38. Charterers may order the vessel to ischarge of the ports previously nominated, 612
(D'E) and within the rolation
loading / discharging ranges spccified within Part Iclauses in Par I clause (F) and that the master in his reasonable discretion 613
provided that any cargo loaded is of the description specified without risk of contamination by, or of any other cargo. 614
determines that the cargo can be loaded, segregated and discharged such cargo as follows:
615
Charterers shall pay in respect of loading, carrying and discharging additional port time uscd 616
demuragt rate specified in Part I clause (J) on any
(a) a lurnpsum freight calculated at the 617
by the vessel; and required to load and 618
consumed (at replaccmcnt cost) over above those
any additional expenses, including bunkers additional agency costs:and
discharge one full cargo and port costs which included 619
the vessel is fixed on a Worldscale rate in Part I clause (G) then freight shall always be paid for the whole
(c) if cargo quantity carried on any ocean leg. 620
voyage al the rate(s) specified in Par Iclause (G) on the largest
quote 621
Bunkers
in the Royal Dutch Shell Group of Companies first option to
39. Owners shall give Charterers or ary other company this 622
perfornance of Charter.
for the supply of bunker requirements for the
623
40.(1) OWuers shall ensure that the master shall: 624
Oil pollution
amendments thereof
prevemtion (a) comply with MARPOL 73/78 including any separation of free 625
collect the drainings and any tank washings into a suitable tank or tanks and, after naximum 626
Ballast (b the above regulations; and
of such water
water,discharge the bulk overboard, consistent with
any
and frce water 50 retained on board and details of
management 627
(c) thereafter notify Charter:rs prumptly of the arnounts of oil "collected washings"). 628
(together called the
other washings retained on bnard frorn earlier voyages specific instructions from Charterers. 629
without
(d not to load on top of such 'colecied washings' tnaster and an independent 630
and signed by the
(c) provide Charterers with a slops certificzte 1o be made up indicate.
631
surveyor/terninal representzive. The certificate shall 60 deg F. 632
waler and APl meaSured in barels at
Origin and composition of slops, Volume, Free under this cleuse (which shall include without 633
with their rights
(2) On being so notificd, Charlerers, in accordance loading berth 634
collected washings), shail be fore the vessel's arrival at the dealt with.
limitation the right to determine the cisposal of the washings shall be 635
thercafier) give instructions as o how thc collectcd
(or if already arrived as soon as possible bertn (or il already arrived as soon as possible thereafter) 636
arrival at the loading
Owners shall ensurc that the master on the vessel's the quantity ofthe collected washings and shall
637
shall arrange in conjunction with the cargo supplics for the mcasurement of 638
record.
record the samc in the vessel's ullage in whict case no freight 639
washings to be discharged ashore at the loading port,
(3) Charterers may require the collected 640
shall be payable them. and the 641
the cargo be ioaded on lop of the collected washings
(4) Altermatively Charterers may require either thatthey be kept separale trom the cargo in which case Charterers shal! pay 642
collected washings be discharged with the cargu, or that practicable, accept discharge of the collected 643
with Part II clause &and shall, if
for any deadfreight incurred thereby in accordance 644
washiags at the discharging port or ports. collected washings to a minimum consistent with the 645
reduced the free water in the
In either case, provided that the master has above, freight in accordance with Part II 646
consistent with sub-clause (1)Xa)
retention on board of the oil residues in them and of lading and the 647
washings as if such quantity were included in a bill
clause Sshall be payable on the quantity of the collecledhowever, that
648
shipper providcd,
figure therefore furnished by the to apply to cargo in excess of an agreed quantity, 649
) if there is a provision in this Charter fora lower freigit rate (provided such agreed quantiy of cargo has been 650
lower rate
freight on the collected washings shall be paid at such 651
loaded) and whether or 652
quantity which is less than a full cargo, then
(ii) if here is provision in his Charter for a minimum cargo the collected washings shall be paid as if such minimum 653
freight on
not such minimum cargo quantity is furmished, washings 654
no freight shallbc payable in respect of any collected
cargo quantity had bcen furnishcd, provided thatdischarged 655
at the discharge port
which are kept separate from the cargo and not clause, Chorterers shall 656
washings to be discharged ashore pursuant to this
(5) WheDEVEr Charnerers requirc he collected
insertian or deetiun lo Ue lurm msl be deaty
vsitie. ngre evenl o any modfaloo made to the
a
SHELLVOY6 form prnted by auioty d BIMCO. Any no responsibily lor any ioss, darnage or excersa as
This doumet s a comoutat oeneratedis nt dearly visDle, the ixd d ihe ongna BlMOO approved docunent shal ppiy ENCO assumes
or-odnted let d his doaument which
oDginal BIMCO approved docJment and this copoLte nersted docurner
resuh o dscteoandes between the
Issued March 2005 "SHELLVOY 6"
PARTI
657
provide and pay for the reception facilities, and the cost of any shifing there for shall be for Charterers' account. Any time lost
653
discharging the collected washings and'or shifing therefore shall count against laytime or, if the vessel is on demurrage, for
659
demurrage. 660
(6) Owners warrant that the vessel will arrive at the load port with segregated/ clean ballast as defined by Annex Iof
MARPOL 73/78 including any amendments thercof. 661
Drugs and 43. Owners are aware of the problem of drug and alcohol abuse and warrant that they have a written policy in force, 677
alcoho!
covering the vessel, which meets or exceeds the standards set out in the "Guidelines for the Control of Drugs and Alcohol on 678
board Ship" as published by OCIMF daied June 1995. 679
Owners further warrant that this policy shall remain in force during the period of this Charter and such policy shall be adhered to 680
throughout this Charter. 681
ITWE 682
44. Owners warrant that the terms of employment of the vessel's staff and crew will always remain acceptable to the
Intemational Transport Workers Federation on a worldwide basis. Altime, costs and expenses incurred as a result of Owners" 683
failure to comply with foregoing shall be for Owners' account. 684
Letters of 45. It is a condition of this Charter that from the time the vessel sails to the first load port here will be no Letter(s) of 685
prctesu
Deficiencies Pretest ("LOP" 's) or deficiencies outstanding against the vessel. This retes to LOP's or deficiencies issued by Terminal 686
Inspectorate or similar Port or Terminal or Governmental Authorities. 68
Documen 46. Owners shall ensure that the master and agents produce docunentation and provide Charterers with copics of all such 688
tation
docunentation reievant to each port and berrh call and all transhipmen's at sea, including but not limited to: 639
Notice of Readiness/ Statement of Facts / Shell Forrn 19x (if Charterers nominate agents under Part lI clause 24) / Time shect(s) 690
/LOPs/ Hourly pumping logs /CoW performance logs by facsimile (to the number advised in the voyage instructions). These 691
documents to be faxed witbin 48 hours from sailing from each load or discharge port or transhipment arca. If the vessel does not 692
have a facsimile machine on board the master shall advise Charterers, within 48 hours from sailing from each port under this 693
Charter, of the documents he has available and ensure copies of such documents are faxed by agents to Charterers from the 694
relcvant port of call or at latest from the next po:t of cal. Complying with this clause does not afect the terms of Part II clause 695
15(3) with regard to notification and submission of afully documented claim for demurrage or aclaim described in Part lu clause 696
6(3) of this Charter. Any documents to be faxed under this clause may be, alternatively, scanned and e-mailed to Charterers. 697
If any actions or facilities of Suppliers / Receivers /Terminal/ Transhipment vessels or Charterers, as aplicable, impinge on the 698
vessel's ability to perform the warranties and /or guarantees of performance under this Charter the master mst issue a LOP to 699
such etect. If the master fails to issue such LOP then Owners shall be deemed to have waived any rights to clain,. Master and 700
agents shall ensure that all documents concerning portberth and cargo activities at all porsberths and transhipment at sea places 701
are signed by both an oiticer of he vessel and arepresentative of either Suppliers/ Reccivers / Terminal / Transhipment vessels 702
or Charterers, as applicable. 703
If such asignature from Suppliers / Rescivers/Teminal/Transhipment vessels or Charterers, as applicable, is not oblainatble the 704
master or his azents should issue a LOP lo such effect. 705
AllLOP's issusd by masier or his agents or received by naster or his agents must be forwanded to Churterers as per ihe tens of this clause. 706
Administira
lion
47.The agreed terns and conditions of this Charter shall be recorded and evidenced by the production of afxture note sent 707
to both Charterers and Owners within 24 hours of the fixture being concluded. This fixture note shall sualte the name and date of 708
the standard pre-printed Charter Party Fom, on which the Charter is based, along with all amendments / additiony deletions to
Such charter party fon. All further additional clauses agreed shall be reproduced in the fixture note with full wording. This
709
710
fixture note shall be approved and ackaowledged as corect by both Owners and Charterers to either the Ship Broker throuch 711
whon they negotiated or, if no Ship Bruker was involved, to cach oter within two working days after fixture concluded. 712
No formal writen and signed Charter Paty will be produced uniess specifically requested by Charterers or Owners or is required 213
This doament is a computer generatad SHELLVOY6 lom pinted by authorty a BIMCO. Any Incortion or doledon to the fom mus1 be deaty visible. In the event o' arw modicalce mde te be
prprnled
resut leu oINis documa
ol dscrepandes beteoen nhicn la naBMCO
theoágina ceaiyapprovd
visibile, Uhedocunent
le o reawndongna BIMO aOIOved
ihia conpuer genoraloddoaumet
docunent.shal açoy BIMCO assunes ro responatbily lorany oe, damse o
"SHELLVOY 6"
Issued March 2005
PART I
714
by additional clauses of this Charter.
715
pumpable nature remains on board (he presence and quantity of
48. If on completion of discharge any liquid cargo of a do not 716
Cargo wedge fomula in respect of any tank the contents of which
reteation such cargo having been established, by application of the Charterers and paid jointly by Owners and Charterers) 717
surveyor, appointed by
reach the forward bulkhead, by an independent to the FOB loading port value of such cargo, cargo
718
Charteres shall have the right to deduct from freight an amount equal of action bereunder shail be without prejudice to any 719
provided, however, that any action or lack
insurance plus freight thereon, liable to any 720
or otherwise, and provided further that if OwTers are
other rights or obligations of Charterers, under this Charter part thereof, Charterers shall indemaify Owners against 721
third party inrespect of failure to discharge such pumpable cargo, or any 722
clause.
such liability up to the total amount deducted under this
concerning Hydrogen Sulphide 723
in ISGOTT (as amended from time to time)
Hydrogen 49. Owners shall comply with the requirements Sulphide (ppm by volume in vapour) level in all bunker, 724
sulphide to arival at the load port the Hydrogen
and shall ensure that prior 725
ballast and empty cargo spaces is below the Threshold Limit Value (TLV")-Time Weighted Average ("TWA"). that 726
authorities, inspectors or other authorised and qualificd personnel declare
If on arrival at the ioading terminal, the loading exceed the TLV- TWA and reguest the vessel to reduce the said level to 727
the Hydrogen Suiphide levels in the vessels' tanksreadiness shall not be valid. A valid notice of rcadiness can only be tcndered 728
within the TLV-TWA then the original notice of I ciause 13 when the TLV-TWA
729
demurrare, can only start to run in accordance with Part
and laytime, or demurrage time, if cn 730
is acceptable to the relevant authorities. shall have the option of 731
Hvdrogen Sulphide within a reasonabie time Charterers
If the vessel is unable to reduce the levels of Charterers may have against Owners under 732
to any claims which
cancelling this Charter without penalty and without prejudicc 733
this Charter.
namcd port in this Charter, 734
comply with all port and teiminal reguiatiuns at any
Port 50. Owers warant that the vessel will fully Charter in accordance with Part I clauses (DE) provided 735
vessel to under this
regulations and any ports to which Charterers may order the themselves with the regulations at such ports.
736
PARTI!
(3) (a) Without prejudice to the foreooino Owners ight ro tender notice of readiness and Charterers' liability 772
773
for demurrage in respect of any time de lays caused by breaches of this clause 52 shall be dealt with in 774
accordance with Part ll clauses 13, Notice of reediness/Running time), 14, (Suspension of Time), arnd 775
15,(Demurrage), of the charter. 776
(b) Except where the delay is caused by Owners and/or Charterers fail ure to comply, respectively, with 777
clauses (1) and (2) of this clause 52, then any delay arising or resulting from measures imposed by a port
778
facility or by any relevant authority, under the ISPS Code/MTSA, shall count as half rate laytime, or, if the 779
vessel is on demurrage, half rate demurage.
(4) Except where the same are imposed as acause of Owners and/or Charterers failure to comply, respectivey, 780
781
with clauses (1) and (2) of this clause 52, then any costs or expenses related to security regulations or
measures required by the port facility or any relevant authority in accordarce with the ISPS CodeMTSA 782
including, but not limited to, security guards, launch services, tug escorts, port security fees or taxes and 783
inspections, shall be shared equaly between Owners and Charterers. All measures required by the Owners to 784
comply with the Ship Security Plan shall be for Owners' account. 785
(5) If either party makes any payment which is for the other party's eccount according to this clause, the other 786
party shall indemnify the paying party. 787
Business 788
principles
53. Owners will co-operate with Charterers to ensure that the "Business Principles", as amended from time to
789
time, of tihe Ruyal Dutch/Shell Group of Companies, which are posted on the Shell Worldwide Web
(www.Shell.com), are complied with. 790
Law and 54. (a) This Charter shall be cornstrued and the relations between the parties determined in accordance 791
litigation with the laws of England. 792
Arbitration (b) A!l disputes arising out of this Charter shall be referred to Arbitration in London in accordance 793
with the Arbitration Act 1996 (or any re-enactment or modi fication thereof for the time being 794
799
in force) subject to the following appointment procedure:
The parties shall jointly appoint a sole arbitrator not later than 28 days after service of a request in writing by 796
either party to do so. 797
(iü) If he paries are unable or unwilling to agree the appointment of a sole arbitrator in accordance with (i) 798
then each party shali appoint one arbitrator, in any eent not later than 14 days after receipt of afurther request 799
800
in writing by either party to do so. The two arbitrators so appointed shall appoint a third arbitrator before any
substantive hearing or forthwith if they cannot agree on a matter relating to the arbitration. 801
(iii) If aparty fails to appoint an arbitrator within the time specified in (ii) (the "Party in Default"), the party 802
who has duly appointed his arbitrator shall give notice in writing to the Party in Default that he proposes to 803
appoint his arbitrator to act as sole arbitrator. 804
(iv) If the Party in Default does not with in 7 days of the notice given pursuant to (ii) make the required 803
appointment and notify the other party that Le has done sc tie oher party may appoint his arbitrator as sole 806
arbitrator whose award shall be binding on both parties as if he had been so appointed by agreement. 807
(v) Any award of the arbitrator(s) shal! be final and bind:ng and cot subject to appeal. 808
(vi) For the purpases of this clause S4 any requests or notices in writing shall be sent by fax, e-mail or telex G09
and shall be deemed received on the day of transmission. 810
(C) It shall be a condition precedent to the right of any party to a stay of any legal proceedings in which 81
maritime property has been, or may be, arrested in connection with a dispute under this Charter, that that party 812
furnishes to the other party security to which that other party wwould have been entitled in such legal 812
proceedings in the absence of a stay. 814
Smallclaims In cases where neither the claim nor any counterclaim exceeds the sum of United States Dollars 50,000 815
(or such other sum as Owners/Charterers may agree) the arbiration shall be conducted in accordance with the 816
London Maritime Arbitrators' Association Small Claims Procedure current at the time when the arbitration 817
procecdings are comnenced. 818
Address 55. Charterers shall deduct address commission of 1.25% from allpayments under this Charter. 819
'commission
820
Consiruction
56. The side headings bave been included in this Charter for convenience of reference and shall in no 821
way affect the constructioa hereof. 822
Australia (1)(2) The vessel shall pot transit the Great Barrier Recf Inner Passagc, whether in ballast en route to a
Strait, the
loadport or laden, between the Tores Strait and Caims, Australia If the vessel transits the Tores
vessel shall use the outer reef pssage as approved by the Australian Hydrographer. Owners shall always
employ a pilot, when transiting the Torres Strait and for entry and departure through the Reef for ports
North of Brisbanc.
water,
(b) The vessel shall d1scharge al! ballast water on board the vessel and take on fresh ballast 7
always in accordarnce with safe operational procedures, prior to entering Australian waters.
(c) On entering, whilst within and whilst departing from the port of Sydney Owners and master shall
ensure that the water line to highes: fixed point distance does not exceed Sl.8 (fifty one point eight) metres.
9
If Charterers or Terminal Operators instruct the vessel to silow the cargo opcrations dowm or stop 10
(d) by the
entirely the cargo operations in Sydney during the hours of darkess due to excessive noise caused 12
vessel then all additicnal time shalI be for Owners' account.
13
Goods Services (eXi) Goods Services Tax (GST) imposed in Australia has appiication to any supply made under this 14
of the
Tax Charter, the parties agree tha: the Charterer shall account for GST in accordance with Division 83
becomes registered. The Owner acknowled ges that it wll not recover from the 1:
GST Act even if the Owner
Charterer an additional amount on account of GST. 17
(i) The Owner acknowledges that it is a non-tesident and that it does not make supplies through an 18
cnterprise carricd on in Australia as defined in section 995-1 of the Income Tax Assessment Act 1997.
19
(m) The Charterer acknowiedges that it is registered. Where anpropriate, terms in this clause have the
meaning set out in section 195-! of the GST Act. 20
21
Brazil (2) (2) OwTers acknowledge the vessel will have, if Charterers so require, to enter a port or place of
clearance within mainland Brazil, to obtain nccessary clearance from the Brazilian authorities and/or lo
22
pick-up persornel required to be on board during the loading of the cargo at Fluminense FPSO.
23
The vessel then procecds to the Fluminense FPSO where she can tender her notice of readineS. 24
Time at the port of ciearance, taken from arrivalst pilot station to dropping outward pilot to be for
25
Charterers account and payable at the agrced demurrage rale togeher with freight. 26
(3) Owners warrant that the vessel complics with all the Canadian Oil Spill response regulations currently 30
Carada
3
in force and that the Owner is a member of a certified oil spill response organisation and that the
Owners/vessel shal! continue w be meambers of such organisation and corply with the reguiations and 32
be
Ary cosS icurred by Charterers for vessel garbage or in vessei deballasting al Sidi Kerir shall
34
Egypt (4)Xa) 35
for Owners' accOunt and Charterers shall deduct such costs trom freight
Charterers shall have the cption for the discharge range Euromed and'or United Kingdonn Contineit
36
(Gibralar Hamburg range) to instruct the vessel to trarnsit via Suez Canai. In the event that Charterers
37
time incurred at the demurrage rate on the passage from the point at which the vessel deviates frora the
4
(C)
rect sailing route belwecn last loadport and Port Suez, till the lendering of notice of readiness al Ain
42
Sukhna, less ary time lost by reason of delay beyond Charterers' reasonabie control; 43
to the
time incurred at the dennurage rale on the passage from disconnection of hoses at Sidi Kerir
44
(d) first discharge port UK 45
point at whicb the vessel rejoins the direct sailing route between Port Said and the
Continent or Medilerrancan, less any tine lost by reason of delay beyond Charterers' reasonable control;
46
and
time incurred at he dermurrage rate between tendering of notice of readiness at Ain Sukhna
47
(e) 48
disconnection of hoses there,
Sidi Kerir and
time incurred at the demurrage rale between tendering of notice of readiness at
49
than as described below (the Worldscale rates in Part I clause (G) of this Charter to apply) AIl canal dues
54
related to Suez laden transit, including Suez Canal port costs, agency fees and expenses, including but not
and to be
limited to escort tugs and other expenses for canal laden transit, to be for Charierers' account
56
settled directly them. Charterers' to pay Owners the 'ballast transit only' fixcd rate differential as per 57
58
Worldscale together with reight.
he
India (5) (a) In assessing the purnping efficiency under this Charter at ports in India, Ownes agrce to accept
representalive 60
record of pressure maintained as stated in recciver's stalement of facis signed by the ship's
fon pinted aul oiyd BIMCO Ay inserson a deleian to the tun must be deuty visible in the everni od any moalcallon made io he
Thls doaument ls a computer generated SHELLVOYO inal BMCO gpioved document shal apply. BiMDO assumes ne vaparsibiily lo any iocs, danage ar xpene as a
preprted text d hie document which is nc deaty visible,
rusudt of dscarapandos between the origlnal ved document and inis ampuier generaled documera.
approved
uSHELLVOY 6"
Issued March 2005
PART I
(b) Owners shall be aware of and comply with the mooring requirements of Indian ports. All time,
Costs and expenses as a result of Owners' failure to comply with the foregoing shall be for Owners'
account.
(c) Charterers shall not be liable for demurrage unless the following conditions are satisfied:
() the requirements o Part Uclause 15 (3) are met in full; and
(0) a copy of this Charter signed by Owners is received by Charterers at least 2 (two) working days
prior to the vessel's arrival in an Indian port.
Charterers undertake to pay agreed demurrage liabilities promptly if the above conditions have been
satisfied.
Annexure(A3) - 4
Norweglan Shipbrokers' Associat on 's
un of Agroamont for sale and
Me
Adopted by BIMCO in 1956.
purchase of ships.Code-name
SALEFORM 2012
1993 and 2012
Revised 1966, 1983 and 1986/87,
MEMORANDUM OF AGREEMENT
1 Dated:
Name of sellers), hereinafter called the "Sellers", have agreed to sell, and
3 Name of buyers), hereinafter called the "Buyers", have agreed to buy:
4 Name of vessel:
5 IMO Number:
6 Classification Society:
7 Class Notation:N
Deposit
30 2
As security for the correct fulfilment of this Agreement the Buyers shall lodge a deposit of
by 31 eft blank, 10% (ten per cent), of the Purchase Price (the
Published32 (% ( per cent) or, if
Copyright Deposit Holder within three (3)
"Deposit") in an interest bearing account for the Parlies with the
33
34
Banking Days after the date that:
1
e-mail or
Parties and exchanged in original or by
35 (0 this Agreement has been signed by the
36
telefax; and
account has been
in writing to the Parties that the
37 (i) the Deposit Holder has confirmed
38 opened.
Parties.
accordance with joint written instructions of the
39 The Deposit shall be released in Any fee charged for holding and reieasing the
Interest, if any, shall be credited to the Buyers.
40 The Parties shall provide to the Deposit Holder
41 Deposit shall be borne equally by the Parties.
maintain the account without delay.
42 all necessary documentation to open and
43 3 Payment
than three (3) Banking Days after the date that
Notice of
44 On delivery of the Vessel, but not later Clause 5 (Time and place of dellvery and
46 Readiness has been given in accordance with
46 notices):
Inspection
the Vessel's cla_sificafion records. The Buyers
51 4
52 (a) The Buyers have inspected and accepted (state place) àn (state date) and have
have also inspected the Vessel atin
63
inspection and the sale is oulright and definite, subject only
54 accepted the Vessel following this Agreement.
55 to the terms and conditions of this
Vessel's classification records and deciare
58 (b) The Buyers shall have the right to inspect the
date/period).
67 whether same are accepted or not Withinlstate
atin (state place/range) within
58 The Sellers shal! make ihe Vesselevailabie farRspection
59 Ustate date/period).
Should the
without undue delay to the Vessel. incurred.
60 The Buyers shall undertake the inspeclion Selilers for the losses thereby
81 Buyers cause undue deláy they shall compensate the
without cost to the Sellers.
62 The Buyers shall jnSpec the Vessel without opening up and
books shall be made available for
63 During the ipspeeton, the> Vessel's deck and engine log
64 examinatiof byihe Buyefs.
this
subject only to the terms and conditions of from
65 The sale shall becgfne outright and definite, written notice of acceptance of the Vessel
Agreement, provded that the Seliers receive
66 after completion of such inspection or after the
67 the Buyers within seventy-two (72) hours whichever is earlier.
68 date/lasl day of the period stated in Line 59,
scheduied and/or notice of acceptance of
69 Shou!d the Buyers fail to undertake the inspection as Vessel not be received by the Sellers as
the Vessel's classification records and/or of the
70
aforesaid, the Deposit together with interest eaned, if any, shall be released inmediately to the
71 shall be nuil and void.
72 Buyers, whereafter this Agreernent
applicable. In the absence of deletions.
73 *4(a) and 4(b) are alternatives; delete whichever is not
74
alternative 4(a) shell apply.
notices
Time and place of delivory and
75 5. afloat at a safe and accessible berth or
(a)The Vessel shall be delivered and taken over safely
IS(state place/tange) in the Sellers' option.
76
77 anchorage atin
(dato)
78 Notice of Readiness shall not be tendered before:
2
79 Canceling Date (see Clauses 5(c), 6 (a)(i), 6(a) (ii) and 14):
informed of the Vessel's Itinerary and shall
80 (b) The Sellers shall ke00 the Buyers well
81 provide the Buyers with twenty (20), ten (10), five (5) and three (3) days' notice of the date the
82 Sellers intend to tender Notice of Readiness and of the intended place of delivery.
83 When the Vessel is at the place of delivery and physically Notice ready for delivery in accordance with
84 Agreement, the Sellers shall give the Buyers a written of Readiness for delivery.
this
diligence by them, the
86 (c) If the Sellers anticipate that. notwith sta nding the exercise of due
66 Vessel ill not be ready for delivery by the Cancelling Date they may notify the Buyers in writing
Vessel will be ready for delivery and proposing a
87 stating the date when they anticipate that the notiflcation the Buyers shall have the option of
88 new Canceling Date. Upon receipt of such Default) within three (3)
89 either cancelling this Agreement in accordance with Clause 14 (Sellers'the new Cancelling Date.
90 Banking Days of receipt of the notice or of accepting tIhe new date as
Banking Days of recelpt of the
91 If the Buyers have not declared their option within three (3)
92 Sellers' notification or if the Buyers accept the new date, the date proposed in the Sellers
substituted for the
93 notification shall be deermed to be the new Canceling Date and sttallbe
94 Canceling Date stipulated in line 79.
98 (d) Cancellation, ailure to cancel or acceptance 6f tté hew Cancelling Date shall be entirely
prejudice to any claim for damages the Buyers may have under Clause 14 (Sellers'
99 without
100 Default) for the Vessel not being ready by the origirel Cançelling Date.
101
total loss before delivery
(e) Should the Vessel become an acsal., constdctive or compromisedimmediaiely
Deposit together with interest èaried if apy. shall be released to the Buyers
102 the
103 whereafter this Agreement shall he-n and vaid.
104 6 Divers Inspection /Drydocking)
105 (a) *
106 (0) The Buyers shall have th¹ option at their cost and expense to arrange for an underwater of the
i07 inspection by adivÇnapproved by the Classification Society prior to the delivery intended
Vessel. Sucn opton shall de declared latest nine (9) days prior to the Vessel's
108
109 dale of reádiness or celivery as notified by the Sellers pursuant to Clause 5(b) of this
110 Agreemegt The Selers shall at their cost and expense make the Vessel available for
the
111 such inspectlcn. This inspection shali be carried out without undue delay and in
presèFce of, a Classification Society surveyor arrangod for by the Sellers and paid for by
112
the Buyers. The Buyers' representative(s) shall have the right to be present at the diver's
113 of the
114 inspection as observer(s) only without interfering with the work or decisions
115 Classificatlon Soclety surveyor. The extent of the inspection and the conditions under
which it is perfomed shall be to the satisfaction of the Classification Society. shal If the
116 at
117 conditions at the place of delivery aro unsuitable for such inspection, the Sellers
to
118 their cost and expense make the Vessel available at a suitable alternative place near
in which event the Cancelling Date shall be extended by the additional
119 the delivery port,
120 time required for such positioning and the subsequent re-positioning. The Sellers may
not tender Notice of Readiness prior to completion of the underwater inspection.
121
122 () If the rudder, propeller, bottom or other underwater parts below the deepest load line are
123
found broken, damaged defective so as to affect the Vessel's class, then (1) unless
124 repairs can be carried out afloat to the satisfaction of the Classification Society, the
125 Sellers shall arrange for the Vessel to be drydocked at their expense for inspection by
126 the Classification Society of the Vessel's underwater parts below the deepest load line,
127 the extentof the inspection belng in accordance with the Classification Society's rules (2)
128 such defects shall be made good by the Sallers at their cost and expense to the
129 satisfactiorn of the Classification Society without condition/recommendation** and (3) the
3
Classification Society's
underwater inspection and the
Sellers shall pay for the
attendance.
Classification Society
in this Agreement, if the
Notwithstanding anything to the contrary defects to be rectified before the next class
aforementioned Vessel with these defects
do not require the shall be entited to deliver the direct cost (of labour and
drydocking survey, the Se!llersPurchase Price of the estimated
against a deduction from the repairs to the satisfactin of the Classification Society,
materials) of carrying out the respect of the defects
further rights whatsoever in
whereafter the Buyers shall have nocost of the repairs shall be the average of quotes for
direct
and/or repairs. The estimated two reputable independent shipyards at or in the vicinity of
obtained from (2) Banking
the repair work
one to be each of the Parties within two the Parties
obtained bycondition/recommendation,
the port of delivery, unless
imposition of the the
Days from the date of the obtain such a qUote within
either of the Parties fail to basis for
agree otherwise. Should obtained by the other Party shail be the sole
stipulated time then the quote duly tender Notice of Readiness
costs. The Sellers may not
the estimate of the direct repair established.
prior tosuch estimate having been
drydocked pursuant to Clause 6(a) () and no suitable dry-docking
(iii) If the Vessel is to be
delivery, the Sellers shalltake the Vessel to a port
facilites are available at the port of or butside the delivery
are avallable, whether withia Sellers shall deliver the
where suitable drydocking facilities drydocking has taker placa the
range as per Clause 5(a). Once range as per CJause 5(a)hich shal, for the purpose
Vessel at a port within the delivery port of delivery. ín sschevet [he
Cancelling Date shall
of this Clause, become the newtime required for the dryddcking nd extra steaming, but
be extended by the additional days/
limited to a maximum of fourteen (14)
delivery for inspection by the
Vessel in drydock at trie port of deepest load ine, the extent
(b) "The Sellers shall place the underWaler paris teiow the
Classification Society of the Vessel's (with tbé. Classification Society's rules. If the rudder,
inspection being in accordançe line are found broken,
of the parts low the deepest loadshall
propeller, bottom or other underwater Vessel's class, sUch defects be fnade good at the
damaged or defective so as to affecttne the sati_faction of the Classificatiorn Society without
Sellers' cost and expense Aosuch erent the Sellers are also to pay fcr the costs and
condition/recoinmendation **_In the
taking her out of drydock, including
vith pùtting the Vessel in and
expenses in conection Classífication The Sellers shall also pay for these costs
Gociety's fees.
drydock dues arnd the found defecive or broken SO as
tahshaf systém are condemned or
and expenses if parts of the other cases, the Buyers shal pay the aforesaid costs and
the Vessers cess In ll
to affect
expenses, dues ndfees
6(b) above:
ic) If the Vfsseis drydogked pursuant to Clause 6(a) (i) or
tailshaft system, the extent of theis
may require survey of the Society
(i) The Cla_sifiçation Society the Classification surveyor. If such survey
survey being to the satisfaction ofSociety, the Buyers shall have the option to require the
not required by the Classification extent of the survey
the Classification Society, theailshaft survey and
tailshaft to be drawn and surveyed by
Classification Society's rules for
being in accordance with the the Vessel's survey cycle. The
Buyers shall declare
Consistent with the current stage of drawn and surveyed not later than by the
whelher they require the taishaft to be and refitling of
Classification Society. The drawing
completion of the inspection by the any parts of the tailshaft system be
by the Sellers. Shouid
the tailshaft shall be arranged affect the Vessel's class, those parts shall be
5
condemned or found defective so as to cost and expense to the satisfaction of the
Sellers'
renewed or made good at the condition/recommendation**.
7
Classification Society without
8
system shall be borne by
costs and expenses relating to the survey of the tailshaft to be carried out or if
(i) The Classification Society requires such survey
the Buyers unless the condemned or found defective or broken so as to affect the
9
parts of the systern are shall pay these costs and expenses.
1
Vessel's class, in which case the Sellers
2
drydock, as
have the right to be present in the
183 (ii) The Buyers' representativels) shall with the work or decisions of the Classification
184 Observer(s) only without interfering
185 Society surveyor.
Vessel cleaned
have the underwater parts of lhe
186
(iv) The Buyers shall have the right toexpense without interfering with the Sellers' or the
187 and painted at their risk, cost and and without affecting the Vessel's timely
188 Classification Society surveyor's work, if any, drydock is still in progress when the
189 delivery. If, however, the Buyers' work inthe Sellers are required to do, the additional
190 Sellers have completed the work which and
work shall be for the Buyers' risk, cost
19 docking time needed to complete the Buyers'
work requires such additiona! time, the Sellers
expense. In the event that the Buyers'
tender Notice uf Readiness for delivery whilst
192
193 may upon completion of the Sellers' work
notwithstanding Clause 5(a), the Buyers shall be
194 the Vessel is still in drydock and, Clause 3 (Payment), whether the Vessel is in
195 obliged to take delivery in accordance with
196 drydock or not.
applicable. In the absence of deletions,
197 "6(a) and 6/b) are alternatives; delete whichever is not
198 aiternative 6(a) shall apply.
199 *"Notes or memoranda, if any, in the surveyor's report which are 6ccèpled by the Classification
200 Society without condition/recommendation are not to be taken ihto account.
"inspection" in this Clause 7, shall mean the Buyers' Inspection according to Clause i(a) or 4(b)
226
(lnspectlon), if applicabla. if the Vessel is taken over without inspection, the date of this
227
Agreement shall be the relevant date.
228
5
In the absence of deletions
and (b) are alternatives, delete whichever is not applicable.
229 "(a)
230
alternative (a) shall apply.
8 Documentation
231
232 The place of closing:
the Buyers with the
Purchase Price the Sellers shall provide
233 (a) In exchange for payment of the
234
following delivery documents:
State,
recordable in the Buyers' Nominated Flag
235 (0) Legal Bill(s) of Sale in a form stating that the Vessel is free from all mortgages,
236 transfering title of tihe Vessel and debts whatsoever, duly notarially attested
237 encumbrances and maritime liens or any otherBuyers' Nominated Flag State;
by the
238 and legalised or apostilled, as required
beern taken by
corporate, shareholder and other action has
239 () Evidence that all necessaryexecution, deiiverv and perfornance of this Agreement;
240 the Sellers to authorise the
appointing one or more representatives to act on
behalf
241 (iii) Power of Attorney of the Sellers of this Agreement, duly notariallyattested and legalised
242 of the Sellers in the performance
243 or apostilled (as appropriate);
by the compètent athorities of the flag state
244 (iv) Certificate or Transcript cf Registry issuedSeliers' wnership-of theVessel and that the
on the date of delivery evidencing the
245 and motgàges, to be faxed or e-mailed by
246 Vessel is free from registered encumbrances origFatobe sènt to the Buyers as soon as
247 Such authority to the closing meeting with the
possible after deiivery of the Vessel;
248
Classífication Society) a Class Maintenance
(v) Declaration of Class or (depending on the delivery confirming that the
Certificate issued within three (3 Banking Dàys prior to
249
250
251
Vessel is in Cless free of cofdiionrecorendation;
registry or other official evidence of
252 (vi) Certificate of Deletion of thVessehrom re Vesse>'s
at the time of delivery, or, in the event tha!
253 deletion appropriate to tp Vessel's registry issue such docunentation inmediately, a
practice
254 the registry does not as e matterptto efect deletion from the Vessel's registry forthvwith
255 written undertaking by th Sellers evidence of deletion to the Buyers promptly and
256 and provide a cerificale or bther bfficial Price has been paid and the Vessel has
latest within fou 45 weeks after he Purchase
257
258
been delivesed;
the
(vii) A ccpy-of thé Vessel's Continuous Synopsis Record certifying the datethaton thev.hich
registry
259 Vessel's registry, or, in the event
260 Vessel,céased to be registered with the certificate immedlately, a written undertaking
does not as a matter of practice issue such promptly upon it being issued
from the/Sélérs to provide the copy of this certificate
261
262 Sellers of a duly executed Form 2 stating
263 together wih evidence of submission by the registered with the Vessel's registry:
shall cease to be
264 the date on which the Vessel
Vessel;
265 (vii) Commercial Invoice for the
bunkers, ubricating and hydraulic oils and greases;
266 (ix) Commercial Invoice(s) for
communication provider cancelling the
the Sellers' letter to their satellite
(x) A copy ofcornmunications
267
Vessel's contract which is to be sent Immediately after delivery of the
268
269 Vessel;
requlred by the conpetent authorities of
(xi) Any additional documents as may reasonably be registering the Vessel, provided the
270
the Buyers' Nominated Flag Slate for the purpose of
271
Buyers notify the Sellers of any such documents as soon as possible afler the dale of
272
this Agreement; and
273
6
their knowledge, the Vessel is not
274
(Xi) The Sellers' letter of confirmation that to the best of
275 black listed by any nation or international organisation.
276 (b) At the time of delivery the Buyers shall provide the Sellers with:
277 (i) and other action has been taken by
EvIdence that all necessary corporate, shareholderperformance
278 the Buyers to authorise the execution, delivery and of this Agreement; and
representatives to act on behalf
279 (ii) Power of Attorney of the Buyers appointing one or more
280 of the Buyers in the performance of this Agreement, duly notarially attested and legallsed
281 or apostilled (as appropriate).
282
(c) If any of the documents listed in Sub-clauses (a) and (b) above are not in the English
authorised translator or
283 language they shall be accompanied by an English translation by an language.
284 certified by a lawyer qualified to practice in the country of the translated
285
(d) The Parties shall to the extent possible exchange copies, drafts or samples of the
28
documents listed in Sub-clause (a) and Sub-clause (b) above for revjew and comment by the
287
cther party not later than (state number of days), or if left blank\ nine (9) days prior to
288
the Vessel's intended date of readiness for delivery as notifjeg by the\ Sellers pursuant to
289 Clause 5(b) of this Agreement.
(e) Concurrent with the exchange of documents in Sub-cfause (aand Sub-clause (b) atbove,
290
291
the Selers shall also hand to the Buyers the classifichtio cextifcate(s) as wel as all plans,
292
drawings and manuals, (excluding ISM/ISPS mmaFuets)\whica are on doard the Vessel. Other
293
certificates which are on board the Vessel shall also-be handed over to the Buyers unless the
294
Sellers are required to retain same, in which case the Buyets have the right to take copies.
295
(0) Other technical documentation which ay be in the Sellers' possession shall promptly after
296
delivery be forwarded to the Buyets at theika,porse, if they so request. The Sellers may keep
297 the Vessel's log books but thc Buyers have theright to take copies of saine.
298
(g) The Parties shall sign and deliver to eàch other a Frotocol of Delivery and Acceptance
299 confirming the date and timpof dalvery of the Vessel from the Sellers to the Buyers.
300 9 Encumbrances
The Sellers warrantthat t0e Vessel, at the time of delivery, is free from all charters,
301
302
encumbrances, mortgages àdmaritime liens or any other debts whatsoever, and is not subject
303
to Port State or bthe admjsBrative detentions. The Sellers hereby undertake to indemnify the
Buyers against alr qornsequènces of claims mace against the Vessel which have been incurred
304
305 prior to the tirgo of celivety.
306 10. Taxes, fees and expenses
307
Any taxes, fees and expen ses in connection with the purchase and registration in the Buyers'
308 Nominated Flag State shallbe for the Buyers' account, whereas similar charges in connection
309 with the closing of the Sellers' register shall be for the Sellers' account.