2022-01-25 18:43:21
Declaration of General Average
TO: ALL CONCERNS
DATE: XXX
PORT: XXX
NAME OF VESSEL: M.V XXX
VOYAGE NO.: 2104
SHIP OWNER: XXX SHIPPING CO.LIMITED
KIND OF CARGO: COKE IN BAGS
TONS OF CARGO: XXX MT/XXX BAGS
GROSS TONNAGE: 1997
PORT OF REGISTRY:BELIZE
MV XXX,VOYAGE NO.2104,SAILED FROM THE PORT OF LIANYUNGANG,CHINA ON 15TH FEB 2021 TOWARDS TOYAMA PORT OF JAPAN.
DURING THE VOYAGE,ABOUT 0245ST 20TH FEB, NAVIGATING AT SOUTH COAST OF S KOREA POSN:3405N,12705E, DURING THE VOYAGE,ABOUT 0245ST 20TH FEB, NAVIGATING AT SOUTH COAST OF S KOREA POSN:3405N,12705E,VESSEL COLLIDED WITH AN UNIDENTIFIED OBJECT,I AND CHIEF ENGINEER HEARD ABNORMAL SOUND AND QUICKLY TAILSHAFT STOPPED ROTATING AUTOMATICALLY,SHIP START DRIFTING,ABOUT 0430ST SHIP DROPPED ANCHORE IN POSITION OF 34-05.8N/127-10.13E.FROM BREAKDOWN HAPPENED,SHIP CARRIED OUT A SERIOUS OF CHECKING,FINALLY i AND CHIEF ENGINEER DISCUSSED AND JUDGED THAT AN UNIDENTIFIED OBJECT CAUSED DAMAGE TO OUR GEARBOX AND COUPLING, THE PART OF TRANSFER MOTION BETWEEN M/E AND GEARBOX BROKEN DOWN. ALL METHOD WERE TAKEN TO REPAIR THE VESSEL BUT ALL IN FAILURE AND SHIP CAN NOT NAVIGATE BY HERSELF. DUE TO LIMITED CONDITION ON BOARD AND CONSIDERING THE SAFETY OF SHIP AND/OR CARGO,WE APPLIED FOR TUG TO GO TO XXX SHIPYARD FOR REPAIRING.
CONSIDERING THE ABOVE FACTS & INFORMATION, NOW I AS THE MASTER HAVE TO ANNOUNCE THE GENERAL AVERAGE HERE AND RESERVE THE RIGHTS OF ANY CLAIMS AGAINST ALL THE RELEVANT PARTIES ARISING FROM THIS ACCIDENT.
WITNESS ON BOARD, (SIG. & POSITION)
CHIEF ENGINER:
FOURTH ENGINER:
YOURS TRULY,
-----------------------------------
MASTER OF M.V XXX
Date:XXX
金康合同中英文对照 THE BALTIC AND INTERNATIONAL MARITIME COUNCIL UNIFORM GENERAL CHARTER (AS REVISED 1922, 1976 and 1994) (To be used for trades for which no specially approved form is in force) CODE NAME: "GENCON" 1. It is agreed between the party mentioned in Box 3 as the Owners of the Vessel named in Box 5, of the GT/NT indicated in Box 6 and carrying about the number of metric tons of deadweight capacity all told on summer loadline stated in Box 7, now in position as stated in Box 8 and expected ready to load under this Charter Party about the date indicated in Box 9, and the party mentioned as the Charterers in Box 4 that: The said Vessel shall, as soon as her prior commitments have been completed, proceed to the loading port(s) or place(s) stated in Box 10 or so near thereto as she may safely get and lie always afloat, and there load a full and complete cargo (if shipment of deck cargo agreed same to be at the Charterers' risk and 10 responsibility) as stated in Box 12, which the Charterers bind themselves to ship, and being so loaded the Vessel shall proceed to the discharging port(s) or place(s) stated in Box 11 as ordered on signing Bills of Lading, or so near thereto as she may safely get and lie always afloat, and there deliver the cargo. 1． 兹由第 3 栏所列的下述船舶所有人与第 4 栏所指的承租人，双方协议如下： 船舶名见第 5 栏，总/净登记吨见第 6 栏，货物载重量大约吨数见第 7 栏，现在动态见第 8 栏， 根据本租船合同作好装货准备的大约时间见第 9 栏。 上述船舶一旦完成前个合同，应驶往第 10 栏所列的装货港口或地点，或船舶能安全抵达并始终 浮泊的附近地点，装载第 12 栏所列的货物，满舱满载，（如协议装运甲板货，则由承租人承担 风险。）（承租人应提供所有垫船用席子和/或木料及所需隔板。如经要求，船舶所有人准许使用 船上任何垫舱木料。）承租人约束自己装运该货，船舶经此装载后，应驶往第 11 栏所列的，在 签发提单时指定的卸货港口或地点，或船舶能安全抵达并始终浮泊的附近地点，交付货物 2. Owners' Responsibility Clause The Owners are to be responsible for loss of or damage to the goods or for delay in delivery of the goods only in case the loss, damage or delay has been caused by personal want of due diligence on the part of the Owners or their Manager to make the Vessel in all respects seaworthy and to secure that she is properly manned, equipped and supplied, or by the personal act or default of the Owners or their Manager. And the Owners are not responsible for loss, damage or delay arising from any other cause whatsoever, even from the neglect or default of the Master or crew or some other person employed by the Owners on board or ashore for whose acts they would, but for this Clause, be responsible, or from unseaworthiness of the Vessel on loading or commencement of the voyage or at any time whatsoever. 2． 船舶所有人责任条款 船舶所有人对货物的灭失、损坏或延迟交付的责任限于造成灭失损坏或延迟的原因是由于船舶海商法资料库 http://blog.sina.com.cn/hubeisz 老雷分享 Q693174509 2 所有人或其经理人本身未尽谨慎使船舶各方面适航，并保证适当配备船员，装备船舶和配备供 应品，或由于船舶所有人或其经理人本身的行为或不履行职责。船舶所有人对由于其他任何原 因造成的货物灭失、损坏或延迟，即使是由于船长或船员或船舶所有人雇佣的船上或岸上人员 的疏忽或不履行职责（如无本条规定，船舶所有人应对他们的行为负责），或由于船舶在装货或 开航当时或其他任何时候不适航所造成的，亦概不负责。 3. Deviation Clause The Vessel has liberty to call at any port or ports in any order, for any purpose, to sail without pilots, to tow and/or assist Vessels in all situations, and also to deviate for the purpose of saving life and/or property. 3． 绕航条款 船舶有权为任何目的以任何顺序挂靠任何港口，有无引航员在船均可航行，在任何情况下拖带 和/或救助他船，亦可为拯救人命和/或财产而绕航。 4. Payment of Freight (a) The freight at the rate stated in Box 13 shall be paid in cash calculated on the intaken quantity of cargo. (b) Prepaid. If according to Box 13 freight is to be paid on shipment, it shall be deemed earned and non-returnable, Vessel and/or cargo lost or not lost.Neither the Owners nor their agents shall be required to sign or endorse bills oflading showing freight prepaid unless the freight due to the Owners hasactually been paid. (c) On delivery. If according to Box 13 freight, or part thereof, is payable at destination it shall not be deemed earned until the cargo is thus delivered. Notwithstanding the provisions under (a), if freight or part thereof is payable on delivery of the cargo the Charterers shall have the option of paying the freight on delivered weight/quantity provided such option is declared before breaking bulk and the weight/quantity can be ascertained by official weighing machine, joint draft survey or tally. Cash for Vessel's ordinary disbursements at the port of loading to be advanced by the Charterers, if required, at highest current rate of exchange, subject to two (2) per cent to cover insurance and other expenses. 4． 运费支付 （a） 运费应按第 13 栏规定的费率，按所装货物的数量计算以现金支付。 （b） 运费预付。如按第 13 栏规定运费应预付，则运费视为已挣得，无论船舶/货物是否灭失， 不得返还。除非运费已支付给船东，否则船东或其代理无需签发运费预付提单。 （c） 运费到付。如按第 13 栏规定运费或部分运费为到付，则运费直到货物卸完才视为挣得。 不论（a）款如何规定，如运费或部分运费为到付，租家有权在开舱前选择按卸货重量/数量支付 运费，且该重量/数量可由官方计量器或联检或理货确定。如经要求，承租人应现金垫付船舶在 装货港的经常费用，而按最高兑换率折合并附加 2%抵偿保险费和其他费用。
Clause 29-Vessel's Description Clause 30First hire and bunkers value on delivery to be paid to Owners within 3 banking days after vessel’s delivery. Hire / Bunkers are payable to Owners’ bank: Hire / bunkers are payable to Owners’ bank: Owners solemnly declare that we will NOT change our bank account information set forth herein UNLESS our chartering desk inform you by a written notice with authorized signature and company stamp by fax and by post, and followed by a personal telephone call. To avoid doubts, neither our chartering desk nor commercial department nor accounting department will just send you an email to change bank account information or attach an invoice with changed bank account information. If Charterers receive any fake email, please contact us before making remittance. Reliance on any information unconfirmed is solely at Charterers own risk. Clause 31(a) PaymentWith reference to Clause 5 failing the punctual and regular payment of the hire, or on any fundamental breach of this Charter-Party, the Owners shall be at liberty to withdraw the vessel from the service of the Charterers without prejudice to any claims they (the Owners) may otherwise have on the Charterers. (b) Grace PeriodWhere there is failure to make punctual and regular payment of hire due to oversight, negligence, errors or omissions on the part of the Charterers of their bankers, the Charterers shall be given by the Owners three clear banking days written notice to rectify the failure, and when so rectified within those three clear banking days following the day of Owners' notice, the payment shall stand as regular and punctual. Failure by the Charterers to pay the hire within three days of receiving the Owners' notice as provided herein, shall entitle the Owners to withdraw as set forth in Sub-Clause (a) above. (c) Last Hire PaymentShould the vessel be on her voyage towards port of redelivery at the time the last and / or the penultimate payment of hire is / are due, said payment(s) is / are to be made for such length of time as the Owners and the Charterers may agree upon as being the estimated time necessary to complete the voyage, and taking into account bunkers estimated on board on redelivery, to be taken over by the Owners and estimated disbursements for the Owners' account before redelivery. Should same not cover the actual time, hire is to be paid for the balance, day by day, as it becomes due. When the vessel has been redelivered, any difference is to be refunded by the Owners or paid by the Charterers, as the case may be. (d) Right of SuspensionAt any time while hire is outstanding, the Owners shall, without prejudice to the liberty to withdraw, be entitled to withhold the performance of any and all obligations hereunder and shall have no responsibility whatsoever for any consequences thereof, and Charterers hereby indemnify the Owner for all legitimate and justifiable actions taken to secure their interests, and hire shall continue to accrue and any extra expenses resulting from such withholding shall be for the Charterers’ account. Clause 32Charterers to have the right to withhold from Charter hire, during the period of this Charter, such amounts due to off-hire and Owners’ disbursements, but properly substantiated. Charterers to have the right to withhold from last hire payments Owners’ estimated advances and disbursements, including any fines and any other accounts for Owners’ account and also the value of the estimated quantity of bunkers on redelivery. However, final accounting to be arranged by Charterers as promptly as possible. Any and all undisputed balance of hire at the time of redelivery of the vessel should be properly settled and paid within 7 days after vessel redelivered from Charterers.’ Clause 33Owners warrant that the vessel’s Crew is and will be during the period of this Charter Party employed under a bona fide union agreement, the standard of which is fully acceptable to the I.T.F. and unions in all countries not excluded in this Charter Party.In the event of the vessel being denied or restricted in the use of port and/or loading and/or discharging facilities or shore labor and/or tug or pilotage assistance or of any other restriction, detention or any loss of time whatsoever due to boycott or arrest of the vessel or due to government restrictions, all caused by the vessel and/or by reason of the terms and conditions on which members of the Crew are employed or by reason of any trading of this or any other vessel under same Ownership or operation or control, the payment of hire shall cease for the time thereby lost and all extra directly related expenses incurred due to above are to be for Owners’ account and may be deducted from hire. Owners are also responsible for any claim that may be presented by third party. Clause 34Should the vessel be seized or detained by any authority, or arrested at the suit of any party having or purporting to have a claim against any interest in the vessel, hire shall not be payable in respect of any period during which the vessel is not fully at Charterers' use and all extra expenses and consequential actual losses which proved by Charterers shall be for Owners’ account, unless such seizure or detention is occasioned by any personal act or omission or default of the Charterers or their Agents, or by reason of cargo carried. Clause 35Any delay, expenses and/or fines incurred on account of smuggling to be for Charterers' account, if caused by Charterers or by Charterers' servants and to be for Owners' account, if caused by Master, Officers, Crew or Owners' servants. Clause 36Charterers to have the option to add all or any part of a period of more than 1 (one) day off-hire time incurred during this Charter-Party to the Charter period, however same to be declared at least one month prior to definite redelivery of the vessel. At Owners' request, Charterers to provide details of added off-hire period. Clause 37Any delay and/or expense or consequential loss by reason of non-compliance with regulations, lack of proper documentation of equipment as per Clauses No. 29, 44, 45, 46 and 48 or on any breach of said Clauses to be for Owners' account. Clause 38If Stevedores, longshoremen or other workmen are not permitted to work due to failure of the Owners to comply with Clause 48, or because of lack of said certificates, any time so lost shall be treated as off-hire, and all extra expenses incurred, directly resulting from such failure, shall be for Owners’ account. Clause 39Should the vessel deviate or put back during a voyage, contrary to the orders or directions of the Charterers, the hire is to be suspended from the time of her deviating or putting back until she is again in the same or equidistant position from the destination and the voyage resumed therefrom.
Time CharterGOVERNMENT FORMApproved by the New York Produce ExchangeNovember 6th, 1913 – Amended October 20th, 1921; August 6th, 1931; October 3rd, 1946 1 This Charter Party, made and concluded in …… Hongkong………………………XXXX ……………….day of…XXXX…...……..…….…..XXXX2 Between………………...……………as………….3 Owners of the good ………Hong Kong flag…………..…… Steamship/Motorship “XXX” – description see Clause 29. .. of ……………………….…4 of …………………tons gross register, and ………………..………tons net register, having engines of ………..……………….…….…indicated horse power5 and with hull , machinery and equipment in a thoroughly efficient state, and classed…………………….………..…………………….………………………….…6 at ……………………of about……………..…….. cubic feet bale capacity, and about ……………….………………………………….……….. tons of 2240 lbs.7 deadweight capacity ( cargo and bunkers, including fresh water and stores not exceeding one and one half percent of ship’s deadweight capacity,8 allowing a minimum of fifty tons ) on a draft of… ………... feet …….….…….. inches on …………....…….Summer freeboard, inclusive of permanent bunkers,9 which are of the capacity of about …………………………………………………..……… tons of fuel, and capable of steaming fully laden, under good weather 10 conditions about knots on a consumption of about tons of best Welsh coal – best grade fuel oil – best grade Diesel oil,11 now …trading……………………….……………………………………………………………………………………………………………………………………12 …………………………………….………………. and …………………………….…Charterers of the City of ……………………..…….…………13 Witnesseth, That the said Owners agree to let, and the said Charterers agree to hire the said vessel, from the time of delivery, for14 About ……………………………a period time charter of minimum 34 months to maximum 36 months, in 15 Charterers’ option. Always trading via safe port(s ) safe berth(s) safe anchorage(s) always afloat always within Institute Warranty Limits within below mentioned trading limits.16 Charterers to have liberty to sublet the vessel for all or any part of the time covered by this Charter, but Charterers remaining responsible for17 The fulfillment of this Charter Party. acceptance of delivery by Charterers shall not constitute any waiver of Charterers’ rights under thisCharter Party.18 Vessel to be placed at the disposal of the Charterers, at ex- yard Dalian shipyard…………………………………………………………………………………………….......19 any time day or night, Sundays, Holidays included……………………………………………………………………………………………………………………..20 in such dock or at such wharf or place ( where she may safely lie, always afloat, at all times of tide, except as otherwise provided in clause No.6 ) , as21 the Charterers may direct. If such dock, wharf or place be not available time to count as provided for in clause No.5. Vessel on her delivery to be22 ready to receive any permissible cargo with clean-swept holds and free from loose rust scale and residues of previous cargoes – see also Clause 87 - and tight , staunch, strong and in every way fitted for the service, having water ballast, winches and23 donkey boiler with sufficient steam power, or if not equipped with donkey boiler, then other power sufficient to run all the winches at one and the same24 time ( and with full complement of officers, seamen, engineers and firemen for a vessel of her tonnage ) , to be employed, in carrying lawful merchan-25 dise, including petroleum or its products, in proper containers, excluding …see Clause 57 -………………………………………………………………...26 ( vessel is not to be employed in the carriage of Live Stock, but Charterers are to have the privilege of shipping a small number on deck at their risk,27 all necessary fittings and other requirements to be for account of Charterers ) , in such lawful trades, between safe port and/or ports in British, North28 America, and /or United states of America, and/or West Indies, and/or Central America, and/or Caribbean Sea, and/or Gulf of Mexico, and/or29 Mexico, and/or South America ……………………………………………………………………………………………………………………… and/or Europe30 and/or Africa, and/or Asia, and/or Australia, and/or Tasmania, and/or New Zealand, but excluding Magdalena River, River St. Lawrence between31 October 31st and May 15th, Hudson Bay and all unsafe ports; also excluding, when out of season, White Sea, Black Sea and the Baltic,32 …Trading Limits as per Clause 55 ………………………………………………………………………………………………………………………………….....33 …………………………………………………………………………………………………………………………………………………………………………...34 …..…………………………………………………………………………………………………………………………………………………….…………………..35 as the Charterers or their Agents shall direct, on the following conditions:36 1. That the Owners shall provide and pay for all provisions, wages and consular shipping and discharging fees of the Crew and all other charges related to the master, officers and crew shall pay for the37 insurance of the vessel, also for all the cabin, deck, engine-room and other necessary stores, including boiler water also for non-compulsory garbage removal, lubricating oil and maintain her class and keep38 the vessel in a thoroughly efficient state in hull, machinery and equipment with all necessary certificates to comply with applicable requirements at all ports within the agreed trading limits for and during the service.39 2. That the Charterers while the vessel is on hire shall provide and pay for all the fuel except as otherwise agreed, Port Charges, compulsory, and/or customary Pilotages including Amazon and Orinoco River whole passage including entrance bar. The Baltic Sea from Skagen to Gedser and/or Bomholm and vice versa including Great Belt, The Baltic Sea sound pilot from Skagen to Bornholm and vice versa, Cannakale and Bosporus Strait, the whole Straits of Magellan, Torres Strait and Great Barrier Reef Pilot, Japan inland sea pilots, the Singapore pilotage from and to Aeba/b for bunkering to be for Charterers' account, Agencies, Commissions, Canal tolls,40 Consular Charges ( except those pertaining to the Crew ), and all other usual expense s except those before stated, but when the vessel puts into 41 a port for causes for which vessel and/or Owners is/are responsible , then all such charges incurred shall be paid by the Owners. Fumigations ordered because of42 illness of the crew to be for Owners account. Fumigations ordered because of cargoes carried or ports visited while vessel is employed under this43 charter to be for Charterers account. All other fumigations to be for Charterers account after vessel has been on charter for a continuous period44 of six months or more.45 Charterers are to provide necessary dunnage and shifting boards, also any extra fittings requisite for a special trade or unusual cargo, but46 Owners to allow them the use of any dunnage and shifting boards already aboard vessel. Charterers to have the privilege of using shifting boards47 for dunnage, they making good any damage thereto.48 3. That the Charterers, at the port of delivery, and the Owners, at the port of re-delivery, shall take over and pay for all fuel remaining on49 board the vessel at the current prices in the respective ports, the vessel to be delivered with not less than ……………………… tons and not more than50 …See Clause 41……….. tons and to be re-delivered with not less than ………………………… tons and not more than …………………………tons.51 4. That the Charterers shall pay for the use and hire of the said vessel at the rate of US$XXX( XXX U.S.52 Dollars ) daily including overtime payable every 15 days in advance United States Currency per ton on vessel’s total deadweight carrying capacity, including bunkers and53 stores, on …………………………… summer freeboard, per Calendar Month, commencing on and from the day of her delivery, as aforesaid, and at54 and after the same rate for any part of a month day; hire to continue until the hour of the day of her re-delivery in like good order and condition, ordinary55 wear and tear excepted, to the Owners ( unless lost ) at on dropping last outward sea pilot one safe port Singapore/Japan range or in Charterers’ option56 Aden/Singapore range if Persian Gulf then redelivery passing Muscat outbound or in Charterers’ option Skaw/Passero range, at any time, day or night, Sundays and Holidays included. unless otherwise mutually agreed. Charterers are to give Owners not less than …………………………………………..… days57 notice of vessels expected date of re-delivery, and probable port. See Clause 58-58 5. Payment of said hire to be made as per Clause 30 in New York in cash in United States Currency, semi-monthly every 15 days in advance, and for the last 15 days half month or59 part of the same the approximate amount of hire, and should same not cover the actual time, hire is to be paid for the balance day by day, as it becomes60 due, if so required by Owners, unless bank guarantee or deposit is made by the Charterers, otherwise failing the punctual and regular payment of the61 hire, or bank guarantee, or on any breach of this Charter Party, the Owners shall be at liberty to withdraw the vessel from the service of the Char-62 terers, without prejudice to any claim they ( the Owners ) may otherwise have on the Charterers. Time to count as from vessel’s delivery from 7 a.m. on the working day63 following that on which written notice of readiness has been given to Charterers or their Agents before 4 p.m., but if required by Charterers, they64 to have the privilege of using vessel at once, such time used to count as hire.65 Cash for vessel’s ordinary disbursements at any port may be advanced as required by the Captain, by the Charterers or their Agents may, subject66 to 2 1/2% commission and such advances shall be deducted from the hire. The Charterers, however, shall in no way be responsible for the application67 of such advances.68 6. That the cargo or cargoes be laden and/or discharged in any dock or at any wharf or anchorage or place that Charterers or their Agents may69 direct, provided the vessel can safely lie always afloat at any time of tide, except at such places in Argentina grain ports, Uruguay and Brazil only, where it is customary for similar vessels of similar size, dimensions and draft to safely 70 lie aground and provided on soft mud / ground.71 7. That the whole reach of the vessel’s Hold, Decks, and usual places of loading ( not more than she can reasonably stow and carry ), also72 accommodations for Supercargo, if carried, shall be at the Charterers’ disposal, reserving only proper and sufficient space for ship’s officers, crew,73 tackle, apparel, furniture, provisions, stores and fuel. Charterers have the privilege of passengers as far as accommodations allow, Charterers74 paying Owners ……………… per day per passenger for accommodations and meals. However it is agreed that in case any fines or extra expenses are75 incurred in the consequences of the carriage of passengers, Charterers are to bear such risk and expense.76 8. That the Captain shall prosecute his voyages with the due despatch, and shall render all customary assistance with ship’s crew and77 boats. The Captain ( although appointed by the Owners ), shall be under the orders and directions of the Charterers as regards employment and78 agency; and Charterers are to load , stow, and trim and discharge the cargo at their expense under the supervision of the Captain, who is to sign or is to authorize Charterers to sign Bills of Lading for79 cargo as presented, in conformity with Mate’s or Tally Clerk’s receipts.80 9. That if the Charterers shall have reason to be dissatisfied with the conduct of the Captain, Officers, or Engineers, the Owners shall on81 receiving particulars of the complaint, investigate the same, and, if necessary, make a change in the appointments. This provision does not affect the Charterers’ right to advance any claim or require Arbitration under Clause 17 of dispute, regarding the conduct of the Master in prosecution of voyages and carrying out the orders and directions of the Charterers.82 10. That the Charterers shall have permission to appoint a super cargo, who shall accompany the vessel and see that voyages are prosecuted83 with the utmost despatch. He is to be furnished with free accommodation, and same fare as provided for Captain’s table, Charterers paying at the84 rate of U.S.$10.00 per day. Charterers to pay Owners U.S. $1,600. per 30 days pro rata for meals, representations, beverages, drinks, cigarettes, communications, radio expenses and cables. Owners to victual Pilots and Customs officers, and also, when authorized by Charterers or their Agents, to victual Tally85 Clerks, Stevedore’s Foreman, etc., Charterers paying at the current rate for all such victualling.86 11. That the Charterers shall furnish the Captain from time to time with all requisite instructions and sailing directions, in writing, and the87 Captain shall keep a full and correct log in English of the voyage or voyages, which are to be patent to the Charterers or their Agents, and furnish the Char-88 terers, their Agents or supercargo, when required, with a true copy of daily logs, showing the course of the vessel and distance run and the con-89 sumption of fuel.90 12. That the Captain shall use diligence in caring for the care and ventilation of the cargo.91 13. That the Charterers shall have the option of continuing this charter for a further period of ……………………………………………………....92 ………………………………………………………………………………………………………………………………………………………………………….…93 on giving written notice thereof to the Owners or their Agents …………… days previous to the expiration of the first-named term, or any declared option.94 14. That if required by Charterers, time not to commence before ……XXXXXXXXXX……….…………………………….........……… and should vessel95 not have given written notice of readiness on or before……………XXXXXXXXXX…………………………….. but not later than 4 p.m. Charterers or96 their Agents to have the option of cancelling this Charter at any time not later than the day of vessel’s readiness.97 15. That in the event of the loss of time from deficiency sickness, strike, accident or default of master, officers or crew of men or stores, fire, breakdown or damages to hull , machinery or equipment,98 grounding, detention by average accidents to ship or cargo unless resulting from inherent vice, quality or defect of cargo , drydocking for the purpose of examination or painting bottom, or by any other cause99 preventing the full working of the vessel to the Charterers working of the vessel, the payment of hire shall cease for the time thereby lost; and if upon the voyage the speed be reduced by100 defect in or breakdown of any part of her hull, machinery or equipment, the time so lost and all extra expenses incurred, including bunkers consumed during period of suspended hire shall be for Owners’ account, and the cost of any extra fuel consumed in consequence101 thereof, and all extra expenses shall be deducted from the hire subject to satisfactory documentary evidence in support.102 16. That should the Vessel be lost, money paid in advance and not earned ( reckoning from the date of loss or being last heard of ) shall be103 returned to the Charterers at once. The act of God, enemies, fire, restraint of Princes, Rulers and People, and all dangers and accidents of the Seas,104 Rivers, Machinery, Boilers and Steam Navigation, and errors of Navigation throughout this Charter Party, always mutually excepted.105 The vessel shall have the liberty to sail with or without pilots, to tow and to be towed, to assist vessels in distress, and to deviate for the106 purpose of saving life and property. In case of property, Owners and Charterers to share equally return of salvage.107 17. That should any dispute arise between Owners and the Charterers, the matter in dispute shall be referred to as per Clause 71, three persons at New York,108 one to be appointed by each of the parties hereto, and the third by the two so chosen; their decision or that of any two of them, shall be final, and for109 the purpose of enforcing any award, this agreement may be made a rule of the Court. The Arbitrators shall be commercial men.110 18. That the Owners shall have a lien upon all cargoes, and all sub-freights including dead freight and demurrage belong to Charterers and sub Charterers for any amounts due under this Charter, including General Aver-111 age contributions, and the Charterers to have a lien on the Ship for all monies paid in advance and not earned, and any overpaid hire or excess112 deposit to be returned at once. Charterers will not suffer, nor permit to be continued, any lien or encumbrance incurred by them or their agents, which113 might have priority over the title and interest of the Owners in the vessel. The Charterers undertake that during the period of this Charter Party, they will not procure any supplies or necessaries or services, including ay port expenses and bunkers, on the credit of the Owners.114 19. That all derelicts and salvage shall be for Owners’ and Charterers’ equal benefit after deducting Owners’ and Charterers’ expenses and115 Crew’s proportion. General Average shall be adjusted, stated and settled, according to Rules 1 to 15, inclusive, 17 to 22, inclusive, and Rule F of116 York-Antwerp Rules 1994 and any later amendments. 1924, at such port or place in the United States as may be selected by the carrier, and as to matters not provided for by these and See Clause 67117 Rules, according to the laws and usages at the port of New York. In such adjustment disbursements in foreign currencies shall be exchanged into118 United States money at the rate prevailing on the dates made and allowances for damage to cargo claimed in foreign currency shall be converted at119 the rate prevailing on the last day of discharge at the port or place of final discharge of such damaged cargo from the ship. Average agreement or 120 bond and such additional security, as may be required by the carrier, must be furnished before delivery of the goods. Such cash deposit as the carrier121 or his agents may deem sufficient as additional security for the contribution of the goods and for any salvage and special charges thereon, shall, if122 required, be made by the goods, shippers, consignees or owners of the goods to the carrier before delivery. Such deposit shall, at the option of the 123 carrier, be payable in United States money and be remitted to the adjuster. When so remitted the deposit shall be held in a special account at the124 place of adjustment in the name of the adjuster pending settlement of the General Average and refunds or credit balances, if any, shall be paid in125 United States money.126 In the event of accident, danger, damage, or disaster, before or after commencement of the voyage resulting from any cause whatsoever,127 whether due to negligence or not, for which, or for the consequence of which, the carrier is not responsible, by statute, contact, or otherwise, the128 goods, the shipper and the consignee, jointly and severally, shall contribute with the carrier in general average to the payment of any sacrifices,129 losses, or expenses of a general average nature that may be made or incurred, and shall pay salvage and special charges incurred in respect of the130 goods. If a salving ship is owned or operated by the carrier, salvage shall be paid for as fully and in the same manner as if such salving ship or131 ships belonged to strangers.132 Provisions as to General Average in accordance with the above are to be included in all Bills of Lading issued hereunder. Hire shall not be contributed to General Average.133 20. Fuel used by the vessel while off hire, also for cooking, condensing water, or for grates and stoves to be agreed to as to quantity, and the134 cost of replacing same, to be for Owners account.135 21. That as the vessel may be from time to time employed in tropical waters during the term of this Charter, Vessel is to be docked at a 136 convenient place, bottom cleaned and painted whenever Charterers and Captain think necessary, at least once in every six months, reckoning from 137 time of last painting, and payment of the hire to be suspended until she is again in proper state for the service.138 .............................................................See Clause 61………….…………………………………………………………………………………………………………139 ………………………………………………………………………………………………………………………………….…………………………………………140 22. Owners shall maintain the gear of the ship as fitted, providing gear ( for all derricks ) capable of handling lifts up to three tons, also141 providing ropes, equipment, falls, slings and blocks as on board. If vessel is fitted with derricks capable of handling heavier lifts, Owners are to provide necessary gear for142 same, otherwise equipment and gear for heavier lifts shall be for Charterers’ account. Owners also to provide free of expense, sufficient electric lighting with vessel’s light clusters to permit work at hatches and overboard at the same time. on the vessel lanterns and oil for143 night work, and vessel to give use of electric light when so fitted, but any additional lights over those on board to be at Charterers’ expense. The144 Charterers to have the use of any gear on board the vessel.145 23. Vessel to work night and day, if required by Charterers, and all winches to be at Charterers’ disposal during loading and discharging;146 steamer to provide one winchman per hatch to work winches day and night, as required, Charterers agreeing to pay officers, engineers, winchmen147 deck hands and donkeymen for overtime work done in accordance with the working hours and rates stated in the ship’s articles. If the rules of the148 port, or labour unions, prevent crew from driving winches, shore winchmen to be paid by Charterers. In the event of a disabled winch or winches, or149 insufficient power to operate winches, Owners to pay for shore engine, or engines, in lieu thereof, if required, and pay any loss of time occasioned150 thereby.151 24.It is also mutually agreed that this Charter is subject to all the terms and provisions of and all the exemptions from liability contained 152 in the Act of Congress of the United States approved on the 13th day of February, 1893, and entitled “ An Act relating to Navigation of vessels;153 etc.,” in respect of all cargo shipped under this Charter to or from the United States of America. It is further subject to the following clauses, both154 of which are to be included in all Bills of lading issued hereunder:155 U.S.A. Clause Paramount156 This bill of lading shall have effect subject to the provisions of the Carriage of Goods by Sea Act of the United States, approved April157 16, 1936, which shall be deemed to be incorporated herein, and nothing herein contained shall be deemed a surrender by the carrier of158 any of its rights or immunities or an increase of any of its responsibilities or liabilities under said Act. If any term of this Bill of Lading159 be repugnant to said Act to any extent, such term shall be void to that extent, but no further.160 Both – to – Blame Collision Clause161 If the ship comes into collision with another ship as a result of the negligence of the other ship and any act, neglect or default of the162 Master, mariner, pilot or the servants of the Carrier in the navigation or in the management of the ship, the owners of the goods carried163 hereunder will indemnify the Carrier against all loss or liability to the other or non-carrying ship or her owners in so far as such loss164 or liability represents loss of , or damage to, or any claim whatsoever of the owners of said goods, paid or payable by the other or non-165 carrying ship or her owners to the owners of said goods and set off, recouped or recovered by the other or non-carrying ship or her166 owners as part of their claim against the carrying ship or carrier.167 25. The vessel shall not be required to enter any ice-bound port, or any port where lights or light-ships have been or are about to be with-168 drawn by reason of ice, or where there is risk that in the ordinary course of things the vessel will not be able on account of ice to safely enter the169 port or to get out after having completed loading or discharging. Vessel not to force or be obliged to follow ice-breakers.170 26. Nothing herein stated is to be construed as a demise of the vessel to the Time Charterers. The Owners to remain responsible for the171 navigation of the vessel insurance, crew, and all other matters, same as when trading for their own account.172 27. A commission of 1.25 2 1/2% per cent is payable by the Vessel and Owners to ……………………………….…………………………….….… 173 ………………………Sinotrans Shipping (Beijing) Co., ltd…………………………………………………………………….……………………………………...174 on the hire earned and paid under this Charter, and also upon any continuation or extension of this Charter.175 28. An address commission of 3.75 2 1/2% per cent payable to ……… Charterers……… on the hire earned and paid under this Charter. Additional Clauses …No.29… to …No.122… inclusive as attached hereto, are deemed to be fully incorporated in this Charter Party. Owners Charterers
AVERAGE GUARANTEE (FORM B) (Based on wording approved by the Association of Average Adjusters and the Institute of London Underwriters) NOTE: This guarantee will be accepted provided that no additions, deletions or amendments are made to it. To: The Owners of the vessel named below and other parties to the adventure as their interests may appear. VESSEL “XXX” VOYAGE In consideration of the delivery in due course of the goods specified below to the consignees thereof without collection of a deposit, we, the undersigned insurers, hereby undertake to pay to the shipowners or to the Average Adjusters, XXX, on behalf of the various parties to the adventure as their interests may appear, any contribution to General Average and/or Salvage and/or Special Charges which may hereafter be ascertained to be properly and legally due in respect of the said goods.We further agree:a) to make prompt payment(s) on account of such contribution as may be properly and legally due in respect of the said goods, as soon as the same may be certified by the said Average Adjusters;b) to furnish to the said Average Adjusters at their request all information which is available to us relative to the value and condition of the said goods;c) that the standard form of Non-Separation Agreement is to apply (copy attached); d) that this agreement shall be governed by XXX Law and a XXX Court shall have exclusive jurisdiction over any dispute arising out of this agreement and each party shall irrevocably submit to the jurisdiction of that Court;e) that this guarantee is intended to create a legally binding obligation notwithstanding that it may be transmitted and stored solely in electronic form. It is thereby agreed that transmission of this guarantee to the average adjusters constitutes good delivery to the Owners and other parties to the adventure who wish to enforce this guarantee. PORT OF LOADING: PORT OF DISCHARGE: BILL OF LADING: QUANTITY & DESCRIPTION OF GOODS: INSURED VALUE:POLICY/REF & PREMIUM (if known):SIGNATURE(with company chop) NAME & ADDRESS TEL NO FAX NO. E-MAIL DATE Average Adjusters are:- ATTACHING TO: AVERAGE GUARANTEE (FORM B) STANDARD FORM OF NON-SEPARATION AND FORWARDING AGREEMENT It is agreed that in the event of the vessel's cargo or part thereof being forwarded to original destination by other vessel, vessels or conveyances, rights and liabilities in General Average shall not be affected by such forwarding, it being the intention to place the parties concerned as nearly as possible in the same position in this respect as they would have been in the absence of such forwarding and with the adventure continuing by the original vessel for so long as justifiable under the law applicable or under the Contract of Affreightment. The basis of contribution to General Average of the property involved shall be the values on delivery at original destination unless sold or otherwise disposed of short of that destination; but where none of her cargo is carried forward in the vessel she shall contribute on the basis of her actual value on the date she completes discharge of her cargo. ----------------------------------
AVERAGE BOND (FORM A)To: The Owners of the vessel named below and other parties to the adventure as their interests may appear.VESSEL “XXX” Port of shipment: Port of destination/discharge: Bill of Lading or waybill number(s): Quantity and Description of Goods: Invoice Value (attach copy): In consideration of the delivery to us or to our order, on payment of the freight due, of the goods noted above we agree to pay the proportion of any salvage and/or general average and/or special charges which may hereafter be ascertained to be properly and legally due from the goods or the shippers or owners thereof under an adjustment prepared in accordance with the provisions of the contract of affreightment governing the carriage of the goods or, failing any such provision, in accordance with the law and practice of the place where the common maritime adventure ended and which is properly and legally payable in respect of the goods by the shippers or owners thereof.We also agree:(i) to furnish particulars of the value of the goods, supported by a copy of the commercial invoice rendered to us or, if there is no such invoice, details of the shipped value;(ii) to make a payment on account of such sum as is duly certified by the average adjusters to be properly and legally due from the goods and which is properly and legally payable in respect of the goods by the shippers or owners thereof;(iii) that the standard form of Non-Separation Agreement is to apply (copy attached);(iv) that this agreement shall be governed by XXX Law and a XXX Court shall have exclusive jurisdiction over any dispute arising out of this agreement and each party shall irrevocably submit to the jurisdiction of that Court;(v) that this bond is intended to create a legally binding obligation notwithstanding that it may be transmitted and stored solely in electronic form. It is thereby agreed that transmission of this bond to the average adjusters constitutes good delivery to the Owners and other parties to the adventure who wish to enforce this bond. Receiver of goods: .........................................………................................………...........ADDRESS: .......................................................................................................…………….……………….........................................................................................................…………….……………….........................................................................................................…………….……………….........................................................................................................…………….…Tel No: ............................... Fax No: ................................. E-MAIL: ...............…………......AUTHORISED SIGNATORY: ...................................…..................... DATE: .....………............ ATTACHING TO: AVERAGE BOND (FORM A) STANDARD FORM OF NON-SEPARATION AND FORWARDING AGREEMENT It is agreed that in the event of the vessel's cargo or part thereof being forwarded to original destination by other vessel, vessels or conveyances, rights and liabilities in general average shall not be affected by such forwarding, it being the intention to place the parties concerned as nearly as possible in the same position in this respect as they would have been in the absence of such forwarding and with the adventure continuing by the original vessel for so long as justifiable under the law applicable or under the Contract of Affreightment. The basis of contribution to general average of the property involved shall be the values on delivery at original destination unless sold or otherwise disposed of short of that destination; but where none of her cargo is carried forward in the vessel she shall contribute on the basis of her actual value on the date she completes discharge of her cargo. -------------------------
