OTHER TERMS: AS PER HPCL ADAPTED ASBATANKVOY CP ALONGWITH
RIDER CLAUSES FOR THIS TRADE. INCL. FLWG. IF IN CONFLICT WITH CP, ...
HINDUSTAN PETROLEUM CORPORATION LIMITED (A Government of India Enterprise)
Shipping, International Trade and Supplies Vessel Chartering Enquiry Notification
CHARTERING ENQUIRY NO : SHIPPING/PROD/VOY/96/2011 DATED 31.10.11 LOADPORT : RAS TANURA/JUAYMAH DISPORT : VIZAG / VIZAG+HALDIA CARGO : BUTANE+PROPANE QTY : 26 - 27 TMT LAYDAY : 18 NOV 11 OFFER BY : 1500 HOURS ON 01 NOV 11 FAX : 91 22 22822300 E-MAIL :
[email protected] FOREIGN SHIP-OWNERS SHOULD OFFER VESSELS THROUGH OUR EMAPNELLED SHIP-BROKERS ONLY. LIST OF EMAPNELLED SHIP-BROKERS ATTACHED ENQUIRY DOUCMENT ATTACHED CHARTERPARTY & RIDER CLAUSES ATTACHED
General Manager - Shipping Hindustan Petroleum Corporation Limited 17 Jamshedji Tata Road, Mumbai 400 020 For further information and clarifications, please send e-mail to
[email protected]
CHARTERING ENQUIRY NO. : SHIPPING/PRODUCT/VOY/96/2011
DT: 31.10.2011
HPCL INVITES OFFERS AGAINST THE FOLLOWING ENQUIRY AS PER THE TERMS AND CONDITIONS STATED BELOW: VESSEL :
REFRIGERATED VESSEL
CARGO/QTY:
26 TO 27 TMT (+/-5%) - PROPANE : 13.0 TMT & BUTANE : 13.0 TMT APPROX. UPTO FULL CAPACITY OF THE VESSEL AT CHARTERERS’ OPTION.
LOADPORTS:
1-2 SB/SA/SBM MIDDLE EAST GULF, PORT IN CHOPTION. INTENTION RAS TANURA / JUAYMAH, SAUDI ARABIA
LAYCAN :
18 NOV 2011 UPTO 1200 HRS LT
DISPORTS:
1-2 SB / SP EAST COAST OF INDIA CHOPTION OPTION (I) : 1-2 SB VISAKHAPATNAM OPTION ( II) : 1-2 SB VISAKHAPATNAM & 1-2 SB HALDIA (AS 2 PORTS DISCHARGE IS ALSO AN OPTION, ONLY THE VESSELS WILLING TO GO TO BOTH THE PORTS I.E. VISAKHAPATNAM & HALDIA SHOULD BE OFFERED)
TOTAL LAYTIME:
OPTION (I) : 120 HOURS OPTION (II): 144 HOURS
DETAILED ITINERARY OF THE VSL (INCLUDING ETA RAS TANURA / JUAYMAH PORT, SAUDI ARABIA) TO BE PROVIDED WITH OFFERS ALONG WITH AVG. SAILING SPEED. ALSO THE ATTACHED VESSEL TECHNICAL DETAILS FORMAT (HPCL QUESTIONNIRE) IS TO BE FILLED AND SENT ALONGWITH THE OFFER. OTHER TERMS: AS PER HPCL ADAPTED ASBATANKVOY CP ALONGWITH RIDER CLAUSES FOR THIS TRADE INCL. FLWG. IF IN CONFLICT WITH CP, THE MAIN TERMS SHALL APPLY. 1. OWNERS CONFIRM VSL ABLE TO LOAD MIN QTY BSS RESTRICTIONS/REQUIREMENTS AT LOAD/DISCH PORT(S). 2. OWNERS CONFIRM VESSEL IS ABLE TO MEET ALL THE PORT LIMITATIONS/REQUIREMENTS/CONDITIONS AT LOADPORTS/DISPORTS. VESSEL DIMENSIONS SHOULD BE SUITABLE FOR BERTHING AT LOADPORT(S) & DISPORT(S). 3. OWNERS CONFIRM VSL ACCEPTABLE TO THE LOADING PORT TERMINAL(S) AND DISPORT(S) AND CONFORM TO SUPPLIER COUNTRY’S LAWS. SUITABLE VESSEL WITH MINIMUM DEADWEIGHT MUST BE 25000 MT OR MORE FOR ALL LIFTING FROM JUAYMAH. 4. VSL SHOULD BE SUITABLE AND TO BE PRESENTED IN FIT / READY CONDITION IN ALL RESPECTS TO LOAD INTENDED CARGO AS GIVEN ABOVE (BUTANE & PROPANE). 5. IN CASE OF ANY DEFICIENCIES OBSERVED BY THE PORT AUTHORITIES (INDIAN/FOREIGN)/HPCL’S SUPPLIER REQUIRING 3RD PARTY INSPECTION ETC., THE SAME TO BE COMPLETED/COMPLIED AT THE TIME AND COST ON OWNERS’ ACCOUNT. 6. OWNERS CONFIRM VESSEL POSSESSES ALL VALID STATUTORY LICENCES/ CERTIFICATES/ APPROVALS ISSUED BY VARIOUS STATUTORY/GOVT. BODIES THROUGHOUT THE DURATION OF THE VOYAGE. 7. VESSEL MUST COMPLY WITH ALL RULES AND REGULATIONS AT VARIOUS FOREIGN / INDIAN LOADPORTS / DISPORTS. FURTHER, VESSEL MUST COMPLY WITH ALL GOVT. RULES AND REGULATIONS INCLUDING THOSE ISSUED BY DG(SHIPPING), GOVT. OF INDIA WITH REGARD TO AGE AND ANY OTHER CRITERIA IN FORCE FROM TIME TO TIME. 8. THE VESSEL OFFERED SHALL ONLY BE SBT (SEGREGATED BALLAST TANKS) VESSEL. 9. OWNERS CONFIRM VSL HAS VALID P&I CERTIFICATE OF ENTRY AND ADDITIONAL P&I AND INSURANCE COVER FOR STS/LIGHTERAGE/MOORING OPERATIONS AND ALSO COVERING THIRD PARTY LIABILITIES
INCLUDING OIL POLLUTION AND WRECK REMOVAL. COPIES OF THE SAME ARE TO BE SUBMITTED TO CHARTERERS AND TO THE PORT PRIOR ARRIVAL OF VESSEL. 10. OWNERS CONFIRM VESSEL/OWNERS COMPLY WITH ISPS CODE/REQUIREMENT. CHEVRON ISPS CLAUSE TO APPLY. 11. OWNERS CONFIRM VESSEL COMPLIES WITH OCIMF GUIDELINES. 12. B/LS TO BE ISSUED AS PER TERMINAL PROCEDURE/REQUIREMENTS. 13. IF VSL IS AVAILABLE PRIOR TO LAYCAN AND CHARTERERS HAVE NO OBJECTION IN LOADING HER PRIOR TO LAYCAN, THE TIME SAVED AT LOADPORT TO BE ADDED TO THE LAYTIME ALLOWED TO CHARTERERS. 14. IN THE EVENTUALITY OF BAD WEATHER, HALF TIME TO COUNT AS LAYTIME OR TIME ON DEMURRAGE. 15. TIME LOST DUE TO TIDAL RESTRICTIONS AT ANY PORT WILL NOT COUNT AS USED LAYTIME OR TIME ON DEMURRAGE. 16. FOREIGN VESSEL OWNER WILL HAVE TO FURNISH INFORMATION REQUIRED FOR REMITTANCE TO NON RESIDENTS AS PER INDIAN INCOME TAX ACT BEFORE PAYMENT OF FRT/DFRT/DEM. 17. OIL MAJORS APPROVALS. 18. NOR/LAYTIME COMMENCEMENT RIDER CLAUSE 13 & 18. AT DISPORTS WHERE NIGHT-BERTHING IS NOT ALLOWED, NOR NOT TO BE TENDERED BETWEEN 1800 HOURS AND 0600 HOURS ON THE FOLLOWING DAY. IF NOR IS TENDERED AT OR AFTER 1800 HOURS, NOR WOULD BE DEEMED TO HAVE BEEN TENDERED AT 0600 HOURS, THE FOLLOWING DAY, BERTH OR NO BERTH AND THE LAY TIME SHALL COMMENCE UPON THE EXPIRATION OF SIX HOURS AFTER DEEMED RECEIPT OF SUCH NOR OR UPON THE CONNECTION OF VESSEL’S HOSES TO THE SHORE-LINE HOSE, WHICHEVER IS EARLIER AND UNTIL VESSEL’S HOSES ARE DISCONNECTED. 19. FREIGHT : OWNERS TO QUOTE LUMP SUM FREIGHT FOR BOTH THE OPTIONS. 20. OWNERS TO MENTION IN THEIR OFFER WHETHER THEIR SHIP IS ELIGIBLE FOR ‘RIGHT OF REFUSAL’ AS PER GUIDELINES OF DG-SHIPPING, INDIA. (THE INDIA FLAG VESSELS SHALL HAVE THE RIGHT OF FIRST REFUSAL AS PER POLICY OF GOVERNMENT OF INDIA. IN THE EVENT OF THE RIGHT OF FIRST REFUSAL NOT GETTING EXERCISED BY ANY BIDDER, RIGHT OF REFUSAL WILL BE EXERCISED BY THE FOLLOWING TWO CATEGORIES OF VESSELS IN THAT SEQUENCE: (1) INDIAN CITIZENS / COMPANIES / CO-OPERATIVE SOCIETIES, HAVING BBCD VESSELS, FAILING WHICH (2) ANY OTHER OWNER OR HIS AGENT OFFERING FOREIGN FLAG VESSEL BUILT IN INDIA) 21. OWNERS CONFIRM THAT IF IN THE OFFER FOR THEIR VESSEL, ANOTHER VESSEL IS OFFERED UNDER ‘OWNERS’ OPTION’ AND IN CASE ONLY ONE OF THESE VESSELS IS ACCEPTED BY THE LOADPORT TERMINAL, THE VESSEL SO ACCEPTED WILL NECESSARILY BE THE PERFORMING VESSEL. 22. ADDRESS COMMISSION 2.5% PAYABLE TO HPCL NOTE : MAXIMUM TWO OFFERS SHALL BE ACCEPTED FROM ONE BROKER. VISAKH - SUNKEN SHIP JETTY (VISAKH OUTER HARBOUR) REQUIREMENTS i)
MAX LOA - 230 MTS
ii)
BEAM
iii)
AIR DRAUGHT - ARR - MAX : 14 MTS
iv)
DRAUGHT - 13 MTS
v)
MAX. DIST.FROM STERN TO MANIFOLD - 115 MTS
vi)
DISTANCE BETWEEN SHIP’S MANIFOLD LIQUID FLANGES : 2.0 - 2.5 MTS.
vii)
VESSEL SHOULD CARRY POLYPROPELENE OR WIRE ROPES FOR MOORING - 16 NOS
viii)
UNLOADING ARMS (AVAILABLE AT THE JETTY) : TWO ARMS SEPARATELY FOR PROPANE AND BUTANE
ix)
VESSEL SHOULD BE CAPABLE OF DISCHARGING PROPANE AND BUTANE SIMULTANEOUSLY BY PREHEATING THE CARGO OF BOTH PROPANE AND BUTANE SO THAT MIN. 3 DEG. CENT. TEMP AND 8 KG/SQ.CM PRESSURE IS MAINTAINED AT THE SHIP’S MANIFOLD.
x)
VESSEL IS REQUIRED TO CARRRY 2 NOS REDUCERS OF SIZE 10” 300# RF ANSI.
-
42 MTS DEP - MAX :17 MTS.
OFFER FIRM BY OFFER TO REMAIN VALID UPTO
: 1500 HRS ON : 1830 HRS ON
01.11.2011 01.11.2011
E-mail ID
:
[email protected]
Fax No. Telephone No(s)
: 00 91 22 2282 2300 : 00 91 22 2282 2400
OFFERS TO BE SENT ONLY TO THE E-MAIL ADDRESS AND FAX NUMBER GIVEN ABOVE PLEASE SEND YOUR RESPONSE AT THE ABOVE EMAIL ID AND FAX BOTH, ENCLOSING Q-88 & GAS FORM C ALONG WITH DETAILED ITINERARY OF THE VESSEL, LAST 3 GRADES / CHARTERERS. IN CASE OF VARIATION BETWEEN MORE THAN ONE OFFERS FROM THE BIDDERS FOR THE SAME VESSEL, THE LOWEST OFFER SHALL BE CONSIDERED FOR EVALUATION AND THE SAME SHALL BE BINDING ON THE BIDDERS. OFFERS RECEIVED ON ANY OTHER EMAIL ID / FAX NO. SHALL NOT BE CONSIDERED BY HPCL. PLEASE ENSURE THAT YOUR OFFERS ARE RECEIVED BY US WITHIN THE OFFER TIME STIPULATED ABOVE. LATE OFFERS WILL NOT BE CONSIDERED. IT IS MANDATORY FOR ALL BIDDERS TO PUT ALL COMMUNICATION PERTAINING TO THE OFFER AND SUBSEQUENT NEGOTIATIONS ON E-MAIL / FAX FOR RECORDS. REGDS. CHARTERING CELL HPCL, MUMBAI
HINDUSTAN PETROLEUM CORPORATION LIMITED CHARTERING VESSELS CHECKLIST Q-88 BROKER 1.2
VESSEL NAME >>> OWNERS / OPERATORS
1.19
WHETHER THE VESSEL IS BBCD TO ANY INDIAN CITIZEN / COMPANY / CO-OPERATIVE SOCIETY SINGLE HULL / DOUBLE HULL
1.31
YEAR BUILT WHETHER THE VESSEL IS BUILT IN INDIA
1.34
CLASS
1.49
LOA
1.51
BEAM
1.63
DWT
1.63
DRAFT
1.8
FLAG
2.17
ISPS ISSC CODE
2.31
OCIMF COMPLIANCE
8.18
CARGO PUMPS & CAPACITY
Misc.
P & I CLUB
Misc.
LAST 3 CARGOES LOADED
Misc.
LAST SIRE
Misc.
APPROVALS WHETHER THE VESSEL MEETS LOADPORT/DISPORT REQUIREMENTS WHETHER Q 88 ATTACHED WHETHER GAS FORM C ATTACHED ITINERARY / POSITION
Association of Ship Brokers CODE WORD FOR THIS & Agents (U.S.A.), Inc. PARTY:
CHARTER
ASBATANKVOY October 1977
TANKER VOYAGE CHARTER PARTY PREAMBLE
____________
___________
Place
Date
IT IS THIS DAY AGREED between ________________________ ___________________________________________________________ chartered owner / owner (hereinafter called the “Owner”) of the _________________________________________________________________________________ SS/MS____________________________________________________________ (hereinafter called the “Vessel”) _______________________________________________________ Petroleum
and
Hindustan
Corporation Limited, 17, Jamshedji Tata Road, Mumbai 400020 (hereinafter called the “Charterer”) that the transportation herein provided for will be performed subject to the terms and conditions of this Charter Party, which includes this Preamble and Part I and Part II. In the event of a conflict, the provisions of Part I will prevail over those contained in Part II. PART I A.
Description and Position of Vessel:
Deadweight: tons (2240 lbs.)
Classed: Loaded draft of Vessel on assigned summer freeboard in. in salt water.
Capacity for cargo: tons (of 2240 lbs. each) % more or less, Vessel’s
Coiled two cargoes:
Coated: • Yes
Now:
B.
Laydays :
• Yes
ft.
option
• No
• No
Last
Expected Ready:
Commencing: Canceling: C.
Loading Port(s): Charterers’ Option
D.
Discharging Port(s): Charterers’ Option
E.
Cargo:
Charterers’ Option
Per ton (of 2240 lbs. Each). F.
Freight Rate:
G.
Freight/Demurrage /Deadfreight Payable to: at
H.
Total Laytime in Running Hours:
I.
Demurrage per day:
J. Address Commission of 2.5 % is payable by Owner to Hindustan Petroleum Corporation Limited and ____% is payable by Owner to on the actual amount of freight and demurrage, when and as paid. K. The place of General Average and arbitration proceedings to be INDIA London / New York (strike out one)
L. Tovalop : Owner warrants vessel to be a member of TOVALOP scheme and will be so maintained throughout duration of this charter. M. Special Provisions: Rider Clauses 1 TO 55 both inclusive, as attached, shall be deemed to be incorporated in this charter party.
IN WITNESS WHEREOF, the parties have caused this Charter, consisting of a preamble, Parts I and II, to be executed in duplicate as of day and year first above written.
Witness the signature of : By
:
Witness the signature of : By
:
PART II 1. WARRANTY_VOYAGE_CARGO. The vessel, classed as specified in Part I hereof, and to be so maintained during the currency of this Charter, shall, with all convenient dispatch, proceed as ordered to Loading Port(s) named in accordance with Clause 4 hereof, or so near thereunto as she may safely get (always afloat), and being seaworthy, and having all pipes, pumps and compressors in good working order, and being in every respect fitted for the voyage, so far as the foregoing conditions can be attained by the exercise of due diligence, perils of the sea and any other cause of whatsoever kind beyond the Owner’s and/or Master’s control excepted, shall load (always afloat) from the factors of the Charterer a full and complete cargo of petroleum and/or its products in bulk, not exceeding what she can reasonably stow and carry over and above her bunker fuel, consumable stores, boiler feed, culinary and drinking water, and complement and their effects (sufficient space to be left in the tanks to provide for the expansion of the cargo), and being so loaded shall forthwith proceed, as ordered on signing Bills of Lading, direct to the Discharging Port(s), or so near thereunto as she may safely get (always afloat), and deliver said cargo. If heating of the cargo is requested by the Charterer, the Owner shall exercise due diligence to maintain the temperature requested.
2. FREIGHT. Freight shall be at the rate stipulated in Part I and shall be computed on intake quantity (except deadfreight as per Clause 3) as shown on the Inspector’s certificate of Inspection. Payment of freight shall be made by Charterer without discount upon delivery of cargo at destination, less any disbursements or advances made to the Master or Owner’s agents at ports of loading and/or discharge and cost of insurance thereon. No deduction of freight shall be made for water and/or sediment contained in the cargo. The services of the Petroleum Inspector shall be arranged and paid for by the Charterer who shall furnish the Owner with a copy of the Inspector’s Certificate.
3. DEADFREIGHT. Should the Charterer fail to supply a full cargo, the Vessel may, at the Master’s option, and shall, upon request of the Charterer, proceed on her voyage, provided that the tanks in which cargo is loaded are sufficiently filled to put her in seaworthy condition. In the event, however, deadfreight shall be paid at the rate specified in Part I hereof on the difference between the intake quantity and the quantity the vessel would have carried if loaded to her minimum permissible freeboard for the voyage.
4.
NAMING LOADING AND DISCHARGE PORTS.
(a) The Charterer shall name the loading port or ports at least twenty-four (24) hours prior to the Vessel’s readiness to sail from the last previous port of discharge, or from bunkering port for the voyage, or upon signing this Charter if the Vessel has already sailed. However, Charterer shall have the option of ordering the Vessel to the following destinations for wireless orders:
ST. KITTS PORT SAID
On a voyage to a port or ports in: Caribbean or U.S. Gulf loading port(s) Eastern Mediterranean or Persian Gulf loading port(s) (from ports west of Port Said.)
(b) If lawful and consistent with Part I and with the Bills of Lading, the Charterer shall have the option of nominating a discharging port or ports by radio to the Master on or before the Vessel’s arrival at or off the following places:
Place LAND’S END SUEZ GIBRALTER
On a voyage to a port or ports in : United Kingdom/Continent (Bordeaux/Hamburg range) or Scandinavia (including Denmark) Mediterranean (from Persian Gulf) Mediterranean (from Western Hemisphere)
(c) Any extra expenses incurred in connection with any change in loading or discharging ports (so named) shall be paid for by the Charterer and any time thereby lost to the Vessel shall count as laytime. 5. LAYDAYS. Laytime shall not commence before the date stipulated in Part I, except with the Charterer’s sanction. Should the Vessel not be ready to load by 4:00 o’clock P.M. (local time) on the cancelling date stipulated in Part I, the Charterer shall have the option of cancelling this Charter by giving Owner notice of such cancellation within twenty-four (24) hours after such cancellation date; otherwise this Charter to remain in full force and effect.
6. NOTICE OF READINESS. Upon arrival at customary anchorage at each port of loading or discharge, the Master or his agent shall give Charterer or his agent notice by letter, telegraph, wireless or telephone that the Vessel is ready to load or discharge cargo, berth or no berth, and laytime, as hereinafter provided, shall commence upon the expiration of six (6) hours after receipt of such notice, or upon the Vessel’s arrival in berth (i.e., finished mooring when at a sealoading or discharging terminal and all fast when loading or discharging alongside a wharf), whichever first occurs. However, where delay is caused to Vessel getting into berth after giving notice of readiness for any reason over which Charterer has no control, such delay shall not count as used laytime.
7. HOURS FOR LOADING AND DISCHARGING. The number of running hours specified as laytime in Part I shall be permitted the Charterer as laytime for loading and discharging cargo; but any delay due to the Vessel’s condition or breakdown or inability of the Vessel’s facilities to load or discharge cargo within the time allowed shall not count as used laytime. If regulations of the Owner or port authorities prohibit loading or discharging of the cargo at night, time so lost shall not count as used laytime; if the Charterer, shipper or consignee prohibits loading or discharging at night, time so lost shall count as used laytime. Time consumed by the vessel in moving from loading or discharge port anchorage to loading or discharge berth, discharging ballast water or slops, will not count as used laytime.
8. DEMURRAGE. Charterer shall pay demurrage per running hour and pro rata for a part thereof at the rate specified in Part I for all time that loading and discharging and used laytime as elsewhere herein provided exceeds the allowed laytime elsewhere herein specified. If, however, demurrage shall be incurred at ports of loading and/or discharge by reason of fire, explosion, storm or by strike, lockout, stoppage or restraint of labor or by breakdown of machinery or equipment in or about the plant of the Charterer, supplier, shipper or consignee of the cargo, the rate of demurrage shall be reduced one-half of the amount stated in Part I per running hour or pro rata for part of an hour for demurrage so incurred. The Charterer shall not be liable for any demurrage for delay caused by strike, lockout, stoppage or restraint of labor for Master, offices and crew of the Vessel or tugboat or pilots.
9. SAFE BERTHING-SHIFTING. The Vessel shall load and discharge at any safe place or wharf, or alongside vessels or lighters reachable on her arrival, which shall be designated and procured by the Charterer, provided the Vessel can proceed thereto, lie at, and depart therefrom always safely afloat, any lighterage being at the expense, risk and peril of the Charterer. The Charterer shall have the right of shifting the Vessel at ports of loading and/or discharge from one safe berth to another on payment of all towage and pilot shifting to next berth, charges for running lines on arrival at and leaving that berth, additional agency charges and expense, customs overtime and fees, and any other extra port charges or port expenses incurred by reason of using more than one berth. Time consumed on account of shifting shall count as used laytime except as otherwise provided in Clause 15.
10. PUMPING IN AND OUT. The cargo shall be pumped into the Vessel at the expense, risk and peril of the Charter, and shall be pumped out of the Vessel at the expense of the Vessel, but at the risk and peril of the Vessel only so far as the Vessel’ permanent hose connections, where delivery of the cargo shall be taken by the Charterer of its consignee. If required by the Charterer, Vessel after discharging is to clear shore pipelines of cargo by pumping water through them and time consumed for this purpose shall apply against allowed laytime. The Vessel shall supply her pumps and the necessary power for discharging in all ports as well as necessary hands. However, should the Vessel be prevented from supplying such power by reason of regulation prohibiting fires on board, the Charterer or consignee shall supply, at its expense, all power necessary for discharging as well as loading, but the owner shall pay for power supplied to the Vessel for other purposes. If cargo is loaded from lighters, the Vessel shall furnish steam at Charterer’s expense for pumping cargo into its Vessel, if requested by the Charterer, provided the Vessel has facilities for generating steam and is permitted to have fires on board. All overtime of officers and crew incurred in loading and/or discharging shall be for account of the Vessel.
11. HOSES; MOORING AT SEA TERMINALS. Hoses for loading and discharging shall be furnished by the Charterer and shall be connected and disconnected by the Charterer, or, at the option of the Owner, by the Owner at the Charterer’s risk and expense. Laytime shall continue until the hoses have been disconnected. When Vessel loads or discharges at a sea terminal, the Vessel shall be properly equipped at Owner’s expense for loading or discharging at such place, including suitable ground tackle, mooring lines and equipment for handling submarine hoses.
12. DUES-TAXES-WHARFAGE. The Charterer shall pay all taxes, dues and other charges on the cargo, including but not limited to Customs overtime on the cargo, Venezuelan Habilitation Tax, C.I.M. Taxes at Le Havre and Portuguese Imposto De Comercio Maritime. The Charterer shall also pay all taxes on freight at loading or discharging ports and any unusual taxes, assessments and governmental charges which are not presently in effect but which may be imposed in the future on the Vessel or freight. The Owner shall pay all dues and other charges on the Vessel (whether or not such dues or charges are assessed on the basis of quantity of cargo), including but not limited to French droits de quai and Spanish derramas taxes. The Vessel shall be free of charges for the use of any wharf, dock, place or mooring facility arranged by the Charterer for the purpose of loading or discharging cargo; however, the Owner shall be responsible for charges for such berth when used solely for Vessel’s purposes, such as awaiting Owner’s orders, tank cleaning, repairs, etc. before, during or after loading or discharging.
13. (a). CARGOES EXCLUDED VAPOR PRESSURE. Cargo shall not be shipped which has o a vapor pressure at one hundred degrees Fahrenheit (100 F.) in excess of thirteen and one-half pounds (13.5 lb.) as determined by the current A.S.T.M. Method (Reid) D-323.
(b). FLASH POINT. Cargo having a flash point under one hundred and fifteen degrees o Fahrenheit (115 F.) (closed cup) A.S.T.M. Method D-56 shall not be loaded from lighters but this clause shall not restrict the Charterer from loading or topping off Crude Oil from vessels or barges inside or outside the bar at any port or place where bar conditions exist.
14. (a). ICE. In case port of loading or discharging should be inaccessible owing to ice, the Vessel shall direct her course according to Master’s judgment, notifying by telegraph or radio, if available, the Charterers, shipper or consignee, who is bound to telegraph or radio orders for another port, which is free from ice and where there are facilities for the loading or reception of the cargo in bulk. The whole of the time occupied from the time the Vessel is diverted by reason of the ice until her arrival at an ice-free port of loading or discharge, as the case may be, shall be paid for by the Charterer at the demurrage rate stipulated in Part I.
(b) If on account of ice the Master considers if dangerous to enter or remain at any loading or discharging place for fear of the Vessel being frozen in or damaged, the Master shall communicate by telegraph or radio, if available, with the Charterer, shipper or consignee of the cargo, who shall telegraph or radio him in reply, giving orders to proceed to another port as per Clause 14 (a) where there is no danger of ice and where there are the necessary facilities for the loading or reception of the cargo in bulk, or to remain at the original port at their risk, and in either case Charterer to pay for the time that the Vessel may be delayed, at the demurrage rate stipulated in Part I.
15. TWO OR MORE PORTS COUNTING AS ONE. To the extent that the freight rate standard of reference specified in part I F hereof provides for special groupings or combinations of ports or terminals, any two or more ports or terminals within each such grouping or combination shall count as one port for purpose of calculating freight an demurrage only, subject to the following conditions: (a) Charterer shall pay freight at the highest rate payable under Part I F hereof for a voyage between the loading and discharge ports used by Charterer. (b) All charges normally incurred by reason of using more than one berth shall be for Charterer’s account as provided in Clause 9 hereof.
(c) Time consumed shifting between the ports or terminals within the particular grouping or combination shall not count as used laytime.
(d) Time consumed shifting between berths within one of the ports or terminals of the particular grouping or combination shall count as used laytime.
16. GENERAL CARGO. The Charterer shall not be permitted to ship any packaged goods or nonliquid bulk cargo of any description; the cargo the Vessel is to load under this Charter is to consist only of liquid bulk cargo as specified in Clause I.
17. (a). QUARANTINE. Should he Charterer send the Vessel to any port or place where a quarantine exists, any delay thereby caused to the Vessel shall count as used laytime; but should the quarantine not be declared until the Vessel is on passage to such port, the Charterer shall not be liable for any resulting delay.
(b) FUMIGATION. If the Vessel, prior to or after entering upon this Charter, has docked or docks at any wharf which is not rat-free or stegomyia-free, she shall, before proceeding to a rat-free or stegomyia-free wharf, be fumigated by the Owners at his expense, except that if the Charterer ordered the Vessel to an infected wharf the Charterer shall bear the expense of fumigation.
18. CLEANING. The Owners shall clean the tanks, pipes and pumps of the Vessel to the satisfaction of the Charterer’s Inspector. The Vessel shall not be responsible for any admixture if more than one quality of oil is shipped, nor for leakage, contamination or deterioration in quality of the cargo unless the admixture, leakage, contamination or deterioration results from (a) unseaworthiness existing at the time of loading or at the inception of the voyage which was discoverable by the exercise of due diligence, or (b) error or fault of the servants of the Owner in the loading, care or discharge of the cargo.
19. GENERAL EXCEPTIONS CLAUSE. The Vessel, her Master and Owner shall not, unless otherwise in this Charter expressly provided, be responsible for any loss or damage, or delay or failure in performing hereunder, arising or resulting from: - any act, neglect, default or barratry of the Master, pilots, mariners or other servants of the Owner in the navigation or management of the Vessel; fire, unless caused by the personal design or neglect of the Owner; collision, stranding or peril, danger or accident of the sea or other navigable waters; saving or attempting to save life or property; wastage in weight or in bulk, or any other loss or damage arising from inherent defect, quality or vice of the cargo; any act or omission of the Charterer or Owners or shipper or consignee of the cargo, their agents or representatives; insufficiency of packing, insufficiency or inadequacy or marks; explosion, bursting of boilers, breakage of shafts, or any latent defect in hull, equipment or machinery; unseaworthiness of the Vessel unless caused by want of due diligence on the part of the Owner to make the Vessel seaworthy or to have her properly manned, equipped and supplied; or from any other cause of whatsoever kind arising without the actual fault of privity of the Owner, And neither the Vessel nor Master or Owner, nor the Charterer, shall, unless otherwise in this charter expressly provided, be responsible for any loss of damage or delay or failure in performing hereunder, arising or resulting from:- Act of God; act of war; perils of the seas; act of public enemies, pirates or assailing thieves; arrest or restraint of princes, rulers or people; or seizure under legal process provided bond is promptly furnished to release the Vessel or cargo. strike or lockout or stoppage or restraint of labor from whatever cause, either partial or general; or riot or civil commotion. 20.
ISSUANCE AND TERMS OF BILLS OF LADING
(a) The Master shall, upon request, sign Bills of Lading in the form appearing below for all cargo shipped but without prejudice to the rights of the Owner and Charterer under the terms of this Charter. The Master shall not be required to sign Bills of Lading for any port which, the Vessel cannot enter, remain at and leave in safety and always afloat nor for any blockaded port.
(b) The carriage of cargo under this Charter Party and under all Bills of Lading issued for the cargo shall be subject to the statutory provisions and other terms set forth or specified in sub-paragraphs (i) through (vii) of this clause and such terms shall be incorporated verbatim or be deemed incorporated by the reference in any such Bill of Lading. In such sub-paragraphs and in any Act referred to therein, the word “carrier” shall include the Owner and the Chartered Owner of the Vessel. (i) CLAUSE PARAMOUNT. This Bill of Lading shall have effect subject to the provisions of the Carriage of Goods by Sea Acts of the United States, approved April 16, 1936, except that if this Bill of lading is issued at a place where any other Act, ordinance or legislation gives statutory effect to the International Convention for the Unification of Certain Rules relating to Bills of Lading at Brussels, August 1924, then this Bills of Lading shall have effect subject to the provisions of such Act, ordinance or legislation. The applicable Act, ordinance or legislation (hereinafter called the “Act”) shall be deemed to be incorporated herein and nothing herein contained shall be deemed a surrender by the Owners of any of its rights or immunities or an increase of
any of its responsibilities or liabilities under the Act. If any term of this Bill of Lading be repugnant to the Act to any extent, such term shall be void to the extent but no further. (ii) JASON CLAUSE. In the event of accident, danger damage or disaster before or after the commencement of the voyage, resulting from any cause whatsoever, whether due to negligence or not, for which, or for the consequence of which, the Owner is not responsible, by statute, contract or otherwise, the cargo shippers, consignees or owners of the cargo shall contribute with the Owner in General Average to the payment of any sacrifices, 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 the cargo. If a salving ship is owners or operated by the Owner, salvage shall be paid for as fully as if the said salving ship or ships belonged to strangers. Such deposit as the Owner or his agent may deem sufficient to cover the estimated contribution of the cargo and any salvage and special charges thereon shall, if required, be made by the cargo, shippers, consignees or owners of the cargo to the carrier before delivery. (iii) GENERAL AVERAGE. General Average shall be adjusted, stated and settled according to York/Antwerp Rules 1950 2004 and, as to matters not provided for by those rules, according to the laws and usages at the port of New York or at the port of London, whichever place is specified in Part I of this Charter. If a General Average statement is required, it shall be prepared at such port or place in the United States or United Kingdom, whichever country is specified in Part I of this Charter, as may be selected by the Owner, unless otherwise mutually agreed, by an Adjuster appointed by the Owner and approved by the Charterer, Such Adjuster shall attend to the settlement and the collection of the General Average, subject to customary charges. General Average Agreements and/or security shall be furnished by Owner and/or Charterer, and/or Owner and/or Consignee of cargo, if requested. Any cash deposit being made as security to pay General Average and/or salvage shall be remitted to the Average Adjuster and shall be held by him at his risk in a special account in a duly authorized and licensed bank at the place where the General Average statement is prepared. (iv) BOTH TO BLAME. If the vessel comes into collision with another ship as a result of the negligence of the other ship and any act, neglect or default of the Master, mariner, pilot or the servants of the Owner in the navigation or in the management of the Vessel, the owners of the cargo carrier hereunder shall indemnify the Owner against all loss or liability to the other or non-carrying ship or her owners in so far as such loss or liability represents loss of, or damage to, or any claim whatsoever of the owners of said cargo, paid or payable by the other or recovered by the other or non-carrying ship or her owners as part of their claim against the carrying ship or Owner. The foregoing provisions shall also apply where the owners, operators or those in charge of any ships or objects other than, or in addition to, the colliding ships or objects are at fault in respect of a collision or contact. (v) LIMITATION OF LIABILITY. Any provision of this Charter to the contrary notwithstanding, the Owner shall have the benefit of all limitations of, and exemptions from, liability accorded to the owner or chartered owner of vessels by any statute or rule of law for the time being in force. (vi) WAR RISKS. (a) If any port of loading or of discharge named in this Charter Party or to which the Vessel may properly be ordered pursuant to the terms of the Bills of Lading be blockaded, or (b) If owing to any war, hostilities, warlike operations, civil war, civil commotions, revolution or the operation of international law (a) entry to any such port of loading or of discharge or the loading or discharge of cargo at any such port be considered by the Master or Owners in his or their discretion dangerous or prohibited or (b) it be considered by the Master or Owners in his or their discretion dangerous or impossible for the Vessel to reach any such port of loading or discharge - the 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 safe port of loading or of discharge within the range of loading or discharging ports respectively established under the provisions of the Charter Party (provided such other port is not blockaded or that entry thereto or loading or discharge of cargo thereat is not in the Master’s or Owner’s discretion dangerous or prohibited). If in respect of a port of discharge no orders be received from the Charterers within 48 hours after they or their agents have received from the Owners a request for the nomination of a substitute port, the Owners shall then be at liberty to discharge the cargo at any safe port which they or the Master may in their discretion decide on (whether within the range of discharging ports established under the provisions of the Charter Party or not) and such discharge shall be deemed to be due fulfillment of the contract or contracts of affreightment so far as cargo so discharged is concerned. In the event of the cargo being loaded or discharged at any such other port within the respective range of loading or discharging ports established under the provisions of the Charter Party, the Charter Party shall be read in respect of freight and all other conditions whatsoever as if the voyage performed were that originally designated. In the event, however, that the Vessel discharges the cargo at a port outside the range of discharging ports established under the provisions of the Charter Party, freight shall be paid as for the voyage originally designated and all extra expenses involved in reaching the actual port of discharge and or discharging the cargo thereat shall be paid by the Charterers or Cargo Owners. In the latter event the Owners shall have a lien on the cargo for all such extra expenses.
(c) The Vessel shall have liberty to comply with any directions or recommendations as to departure, arrival, routes, ports of call, stoppages, destinations, zones, waters, delivery or in any otherwise whatsoever given by the government of the nations under whose flag the Vessel sails or any other government or local authority including any de facto government or local authority or by any person or body acting or purporting to act as or with the authority of any such government or authority or by any committee or person having under the terms of war risks insurance on the vessel the right to give any such directions or recommendations. If by reason of or in compliance with any such directions or recommendations, anything is done or is not done such shall not be deemed a deviation. If by reason of or in compliance with any such direction or recommendation the Vessel does not proceed to the port or ports of discharge originally designated or to which she may have been ordered pursuant to the terms of the Bills of Lading, the Vessel may proceed to any safe port of discharge which the Master or Owners in his or their discretion may decide on and there discharge the cargo. Such discharge shall be deemed to be due fulfillment of the contract or contracts of affreightment and the Owner shall be entitled to freight as if discharge has been effected at the port or ports originally designated or to which the vessel may have been ordered pursuant to the terms of the Bills of Lading. All extra expenses involved in reaching and discharging the cargo at any such other port of discharge shall be paid by the Charterers and/or Cargo Owners and the Owners shall have a lien on the cargo for freight and all such expenses. (vii) DEVIATION CLAUSE. The Vessel shall have liberty to call at any ports in any order, to sail with or without pilots, to tow or to be towed, to go to the assistance of vessel in distress, to deviate for the purpose of saving life or property or of landing any ill or injured person on board, and to call for fuel at any port or ports in or out of the regular course of the voyage. Any salvage shall be for the sole benefit of the Owner.
21. LIEN. The Owner shall have an absolute lien on the cargo for all freight, dead freight, demurrage and costs, including attorney fees, of recovering the same, which lien shall continue after delivery of the cargo into possession of the Charterer, or of the holders of any Bills of Lading covering the same or of any storageman.
22.
AGENTS. The Owners shall appoint Vessel’s agent at all ports. (See Rider Clause No. 6)
23. BREACH. Damages for breach of this Charter shall include all provable damages, and all costs of suit and attorney fees incurred in any action hereunder.
24. ARBITRATION. Any and all differences and disputes of whatsoever nature arising out of this Charter shall be put to arbitration in the City of New York or in the City of London whichever place is specified in Part I of this charter pursuant to the laws relating to arbitration there in force, before a board of three persons, consisting of one arbitrator to be appointed by the Owner, one by Charterer, and one by the two so chosen. The decision of any two of the three on any point or points shall be final. Either party hereto may call for such arbitration by service upon any officer of the other, wherever he may be found, of a written notice specifying the name and address of the arbitrator chosen by the first moving party and a brief description of the disputes or differences which such party desires to put to arbitration. If the other party shall not, by notice served upon an officer of the first moving party within twenty days of the service of such first notice, appoint its arbitrator to arbitrate the dispute or differences specified, then the first moving party shall have the right without further notice to appoint a second arbitrator, who shall be a disinterested person with precisely the same force and effect as if said second arbitrator has been appointed by the other party. In the event that the two arbitrators fail to appoint a third arbitrator within twenty days of the appointment of the second arbitrator, either arbitrator may apply to a Judge of any court of maritime jurisdiction in the city above- mentioned for the appointment of a third arbitrator, and the appointment of such arbitrator by such Judge on such application shall have precisely the same force and effect as if such arbitrator had been appointed by the two arbitrators. Until such time as the arbitrators finally close the hearings either party shall have the right by written notice served on the arbitrators and on an officer of the other party to specify further disputes or differences under this Charter for hearing and determination. Award made in pursuance to this clause may include costs, including a reasonable allowance for attorney’s fees, and judgement may be entered upon any award made hereunder in any Court having jurisdiction in the premises. (See Rider Clause No. 26)
25. SUBLET. Charterer shall have the right to sublet the Vessel. However, Charterer shall always remain responsible for the fulfillment of this Charter in all its terms and conditions.
26. OIL POLLUTION CLAUSE. Owner agrees to participate in Charterers’s program covering oil pollution avoidance. Such program prohibits discharge overboard of all oily water, oily ballast or oil in any form of persistent nature, except under extreme circumstances whereby the safety of the vessel, cargo or life at sea would be imperiled. Upon notice being given to the Owner that Oil Pollution Avoidance controls are required the Owners will instruct Master to retain in board the vessel all oily residues from consolidated tank washings, dirty ballast, etc., in one compartment, after separation of all possible water has taken place. All water separated to be discharged overboard. If the Charterer requires that demulsifiers shall be used for the separation of oil / water, such demulsifiers shall be obtained by the Owner and paid for by Charterer. The oil residues will be pumped ashore at the loading or discharging terminal, either as segregated oil, dirty ballast or co-mingled with cargo as it is possible for Charterers to arrange. If it is necessary to retain the residue on board co-mingled with or segregated from the cargo to be loaded, Charterers shall pay for any deadfreight so incurred. Should it be determined that the residue is to be co-mingled or segregated on board, the Master shall arrange that the quantity of tank washings be measured in conjunction with cargo suppliers and a note of the quantity measured made in the vessel’s ullage record. The Charterer agrees to pay freight as per the terms of the Charter Party on any consolidated tank washings, dirty ballast, etc., retained on board under Charterer’s instructions during the loaded portion of the voyage up to a maximum of 1% of the total deadweight of the vessel that could be legally carried for such voyage. Any extra expenses incurred by the vessel at loading or discharging port in pumping ashore oil residues shall be for Charterer’s account, and extra time, if any, consumed for this operation shall count as used laytime. BILL OF LADING
Shipped in apparent good order and condition ___________________________________________________________________________________ Steamship on board the ______________________________________________________ _______________________________________________________________
by
Motorship
whereof__________________________________________________________ is Master, at the port of ____________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ __________________________________________________________________________________________ _________________________________________________ to be delivered at the port ___________________________________________________________________________________
of
or so near thereto as the Vessel can safely get, always afloat, ________________________________________________________________________________
unto
__________________________________________________________________________________________ _________________________________________________ or order on payment of freight at the rate ___________________________________________________________________________________
of
__________________________________________________________________________________________ _________________________________________________
contract This shipment is carried under and pursuant to the terms of the charter dated New York / London ___________________________________________________ between ________________________________________________________________________ _________________________________________________, as
and
contract Charterer, and all the terms whatsoever of the said charter except the rate and payment of freight specified therein apply to and govern the rights of the parties concerned in this shipment. In witness whereof the Master has signed ___________________________________________________________________________________ Bills of Lading of this tenor and date, one of which being accomplished, the others will be void . Dated at __________________________________________ _________________________________________ day of ____________________________________
this
________________________________________________________________
Master
RIDER CLAUSES 1.
It is understood and agreed that if these Rider Clauses as specified herein, conflict with Part I or Part II of this charter party, the Rider Clauses are to apply.
2.
York/Antwerp Rules 2004 or amendments thereto issued from time to time to apply to this C/P for General Average.
3.
Owners warrant that vessel is a member of the International Tankers Owners Pollution Federation Ltd, (ITOPF). Owners further warrant that vessel carries on board a certificate of insurance as described in Civil Liability Convention for Oil Pollution Damage and that the vessel has in place insurance cover for oil pollution no less in scope and amounts than is available under the rules of Protection and Indemnity Clubs entered into among the International Group of P and I Clubs. Owners confirm vessel complies with the International Safety Management (ISM) code which came into effect on July 1,1998. Owners confirm that vessel complies with ISGOTT and also complies with SOLAS Convention 1974 including any amendments thereof.
4.
Owners confirm that the vessel is entered with P & I Club _____________.
5.
To the best of Owners Knowledge the vessel is in all respects eligible for trading within, to and from ranges in areas specified in this charter and that at all necessary times she shall have on board all the valid certificates, records and other documents required for such service. To the best of Owners knowledge, the vessel is not blacklisted by the Arab League. Additionally, Charterers are also not boycotted by the Arab League.
6.
Owners agents at loadport(s). Charterers nominated owners appointed agents at disport(s) provided competitive.
7.
Any dues and/or taxes on cargo to be for Charterers’ account but customary vessel’s port charges including berthing expenses, customs entrance, and clearance fee and customs overtime and any dues and/or taxes on vessel / freight even if measured by quantity of cargo on board to be for owners’ account. Any tax calculated with respect to freight, to be for Owners account. Consular fees at load port shall be paid by the owners.
8.
The vessel to be the Highest Class Lloyds or equivalent and suitable for carrying Commercial Butane/Propane, flying any flag not boycotted by the Government of the country of origin of cargo.
9.
VESSEL’S DESCRIPTION (ALL ABOUTS) LPG/C BUILT: INDIAN , DWT: MT on M SSW LOA/BEAM: M/ MTRS. GRT/NRT: / CUBIC CBM 98% CAPACITY Mortgagee :
10. Indian law to apply to this charter party. 11. Owners confirm that the vessel complies with all applicable Governmental and Port Authority regulations and suppliers/charterers regulations in force at the load/discharge ports relating to vessel operations and safety. 12. The Master of the vessel to notify the terminal operator and HPCL, Mumbai of the vessel’s estimated time of arrival (ETA), seventy two (72), forty eight (48) and twenty four (24) hours before the ETA or at such other times as may be required by terminal operator. If the master of the vessel fails to give 24 hours notice on time, the allowed laytime shall be extended by the amount of time equal to the period between the time final notice was given and 24 hours before the vessel arrived. After the 24 hours notice is given the master shall advise the terminal operator of any deviation of 2 hours or more from the last given ETA.
In addition to usual notices as above, after finalisation of vessel, Owners/ Master to keep HPCL, Mumbai informed every 24 hours about vessel’s position enroute to loadport. Upon the vessel’s arrival at the customary anchorage for the loadport, the master or his representative shall tender to the terminal Notice of Readiness of the vessel to load oil. Notice of readiness at loadport not to be tendered before commencement of laydays without prior permission from charterers. 13. If the vessel tenders Notice of Readiness during its acceptance date range, laytime shall begin, subject to all other provisions of this agreement, upon the expiration of 6 hours after the tendering of Notice of Readiness or on commencement of loading, whichever occurs first. If the vessel tenders Notice of Readiness before its acceptance date range the Notice of Readiness shall not be effective until 0001 hour on the first day of such range, and laytime shall begin on commencement of loading, or 6 hours after the effective tender of Notice of Readiness, whichever occurs first. If the vessel misses canceling date and in the event of Charterers not exercising option to cancel the fixture, time will commence to count when loading commences. If the Vessel, with Charterers' prior agreement, has commenced loading prior to 0600 hours local time on the Commencement Date, then the time from the commencement of loading to 0600 hours local time on the Commencement Date shall constitute additional laytime available to the charterer even if loading is completed prior to commencement of laycan and shall be added to the contractual laytime of this Charter Party without any deduction whatsoever. 14. Time waiting for documents upto maximum 3 hours for Owners account, thereafter to Charterers account. 15. Lay time to expire on disconnection of the loading arm/hoses from the ship’s cross-over flange after loading is finished. In case the plant has to reduce the rate of pumping owing to the inability of t/he vessel to receive the cargo and this has caused to exceed the stipulated lay time, time lost to be for vessel’s account. 16. For Refrigerated discharge: Tanker to discharge entire cargo within 24 hours, or alternatively, maintain the maximum pressure of 8kg/cm2 where shore permits or the pressure requested by the shore, whichever is less. Any loss of time due to vessel’s fault in maintaining the above guarantees shall not count as lay time. For Pressurized discharge: Tanker to discharge entire cargo within 24 hours, or alternatively, maintain the maximum pressure of 15 kg/cm2 where shore permits or the pressure requested by the shore, whichever is less. Any loss of time due to vessel’s fault in maintaining the above guarantees shall not count as lay time. Vessel must maintain cargo temperature as per shore requirement. 17. If breakdown occurs to the loading/discharging facilities on shore pumps, compressors, pipelines, etc. time lost will not count during such breakdown. 18. No berthing of vessel is allowed during insufficient light or at nighttime and if loading and discharging is prohibited during insufficient light or at nighttime due to port regulations or restrictions imposed by the shippers or consignees or port authorities, time so lost shall not count as used lay time. After arrival of the vessel at customary anchorage at the port of unloading, the Master or his agent shall give the charterers or their agents notice by letter / email / fax confirming that vessel is in all respects ready to load or discharge cargo. However, where no night-berthing is allowed, NOR not to be tendered between 1800 hours and 0600 hours on the following day. If NOR is tendered at or after 1800 hours, NOR would be deemed to have been tendered at 0600 hours, the following day, berth or no berth, any lay time hereinafter provided shall commence upon the expiration of six hours after deemed receipt of such notice or upon the
connection of vessel’s hoses to the shore-line hose, whichever is earlier and until vessel’s hoses are disconnected with shore-line hoses. 19. Time lost due to tidal restrictions at any port will not count as used laytime. 20. Chevron War Risk: Any increase of hull and machinery war risk premiums over & above those in effect as on the date of this charter party, will be for charterers’ account. Any premiums or increases thereto, attributable to closure, (i.e. blocking and trapping) insurance shall be for owners’ account. Surcharges which are in effect on the date of this charter party, for the first 14 days are for owners account, thereafter to be for charterers’ account. 21. Loss Clause Conditions: The computation of loss will be as follows: 1. 2.
The difference in quantity discharged at disport, as determined by Ship’s measurements, and the quantity measured as per Ship’s measurements at loadport shall be calculated. The difference in quantity on carried by the Vessel after discharge at disport and the onboard quantity at loadport prior to loading of the cargo as determined by the independent inspector shall be calculated. The net loss shall be (1) or (2) whichever is higher and the CIF value of this loss will be deducted from the freight payable to the owner’s.
22. Owners agree to discharge cargo against Hindustan Petroleum Corporation Limited’s Letter of Indemnity in owners P&I club wording, in case Charterers/receivers are unable to present original bill(s) of lading at discharge port(s). 23. Charterers shall in no event be liable for demurrage unless the demurrage claim, including in reasonable detail, the specific facts upon which the claim is based provided available to owners, has been presented to Charterers in writing within forty-five (45) days upon completion of discharge. 24. The demurrage if any, is to be remitted by Charterers within 90 days of submission of laytime statement, copy of signed statement of facts by Master and, if obtainable, signed by suppliers, terminal or agents and copy of charter party by Owners to Charterers. 25. Owners confirm vessel meets and complies with all OCIMF/ MARPOL 1973/78 requirements and all amendments including those which came in effect from 5th April 2005. 26. All disputes arising under this charter party shall be settled in India in accordance with the provisions of the Arbitration and Conciliation Act, 1996 (No.26 of 1996) or any further amendments thereof, and under the Maritime Arbitration Rules of the Indian Council of Arbitration. The arbitrators to be appointed from out of the Maritime Panel of Arbitrators of the Indian Council of Arbitration. The arbitrators shall be commercial men. 27. Shifting of the vessel from one safe berth or anchorage to another safe berth or anchorage to be for Charterers account. Charterers shall pay all extra expenses as per port tariff incurred in shifting the vessel and time consumed on account of such shifting shall count as used laytime. Shifting of the vessel for owners purposes shall be at owners expense and time so consumed shall not count as used laytime or time on demurrage. 28. If the vessel is required to vacate the discharging berth/port/SBM due to bad weather, then time to count in half for laytime or demurrage, and all expenses for re-berthing as per port tariff to be on shared between the owners & charterers.. 29. The brokerage commission on 100% gross amount of freight and dead-freight (if any) due to the Indian Broker under Clause-J, Part I of this charter party, will be deducted from the freight and paid to the Broker direct in Indian Rupees converted at the exchange rate ruling on the date of payment while remitting freight to the Shipowners. Similarly, brokerage commission on demurrage (if any) is to be deducted from the demurrage payable to the Shipowners and paid to the Indian brokers at the time of remitting demurrage to the Shipowners.
30. Extra insurance, if any, on account of vessel’s age, class, flag to be for Owners’ account. 31. Freight/demurrage will be paid to foreign owners in United States Dollars by telegraphic transfer to:
Freight/Demurrage will be paid to Indian Owners in Indian rupees. Mean of TT buying and selling as declared by SBI as on the date of completion of discharge or if this date is a bank holiday, the earliest day on which such exchange rate is available, will be used for conversion. 32. The Owners/Master of the vessel shall obey all normal procedures and instructions in force at loading/ discharging Terminals provided not in breach with international regulations. 33. Bills of lading shall be, on behalf of the Owners, signed by the Master of the vessel or vessels agent duly authorized by Master in case loading terminal follows EDP. Bills of lading to be issued as per terminal procedure/ requirements. 34. Owners confirm that vessel meets all the port limitations/requirements/conditions including conditions regarding commencement of laytime, if any, at loadport/disport and is acceptable to loading terminal and meets with restrictions / local port regulations and supplier’s country’s laws. 35. Owners to provide cargo manifold connections compatible with load / discharge lines. The connecting of the loading/unloading arm on board to be made by ship’s crew. 36. The vessel’s speed shall be about ____ knots, weather and safe navigation permitting. 37. Owners confirm vessel has not been sold nor will be sold during the currency of this charter party. 38. Owners to ensure that on demand by charterers or their surveyors, Master should make available a copy each of Displacement tables / DWT tables, Trim correction tables, Hydrostatic Data and General Arrangement plan. 39. Owners confirm vessel can perform ballasting/de-ballasting simultaneously to loading/discharging. 40. Breakdown clause: In the event of breakdown of machinery/boiler of the vessel which interrupts the discharging operations, Owners/Master to give Charterers 48 hours notice of vessel’s readiness to discharge her cargo again. If such breakdown requires shifting of vessel from berth to anchorage and reberthing, entire time and expenses will be for Owners account. 41. On sailing from loadport master to advise B/L quantity, ETA disport and arrival draft of vessel. This clause does not constitute Charterers voyage instructions. 42. Owners confirm vessel have valid P&I certificate of entry duly covering third party liabilities including oil pollution and wreck removal. Copies of same are to be submitted to the port prior to arrival of vessel. 43. In the eventuality of bad weather half time to count as laytime or time on demurrage. 44. Owners confirm vessel/Owners comply with ISPS code/requirement. Following Chevron ISPS clause to apply: (A) (i) From the date of coming into force of the International Code for the Security of Ships and of Port Facilities and the relevant amendments to Chapter XI of SOLAS (ISPS Code) in relation to the vessel, the Owners shall procure that both the vessel and "the Company" (as defined by the ISPS Code) shall comply with the requirements of the ISPS Code relating to the vessel and "the Company". Upon request the Owners shall provide a copy of the relevant International Ship Security Certificate (or the Interim International Ship Security Certificate) to the Charterers. The Owners shall provide the Charterers with the full style contact details of the Company Security Officer (CSO). (ii) Except as otherwise provided in this Charter Party, loss, damage, expense or delay, excluding consequential loss, caused by failure on the part of the Owners or "the Company" to comply with the requirements of the ISPS Code or this clause shall be for the Owner's account.
(B) (i) The Charterers shall provide the CSO and the Ship Security Officer (SSO) IMaster with their full style contact details and any other information the Owners require to comply with the ISPS Code. (ii) Except as otherwise provided in this Charter Party, loss, damage, expense, excluding consequential loss, caused by failure on the part of the Charterers to comply with this clause shall be for the Charterer's account and any delay caused by such failure shall be compensated at the demurrage rate. (C) Provided that the delay is not caused by the Owner's failure to comply with their obligations under the ISPS Code, and that the measures imposed by the port facility of relevant authorities applies to all vessels in that port and not solely to the Owner's vessel, the following shall apply: (i) Notwithstanding anything to the contrary provided in this Charter Party, the vessel shall be entitled to tender Notice of Readiness, even if not cleared due to applicable security regulations or measures imposed by a port facility or any relevant authority under the ISPS Code. (ii) Any delay resulting from measures imposed by a port facility or by any relevant authority under the ISPS Code shall count as half - laytime or half - time on demurrage, if the vessel is on laytime or demurrage. If the delay occurs before laytime has started or after laytime or time on demurrage has ceased to count, it shall be compensated by the Charterers at one half the demurrage rate and always in accordance with A (ii). (D) Notwithstanding anything to the contrary provided in this Charter Party, any additional cost or expenses whatsoever solely arising out of or related to security regulations or measures required by the port facility or any relevant authority in accordance with the ISPS Code including, but not limited to, security guards, launch services, tug escorts, port security fees or taxes and inspections, unless such costs or expenses result solely from the Owner's negligence, shall be shared equally between Owner and Charterer. All measures required by the Owners to comply with the Ship Security Plan shall be for the Owner's account. (E) If either party makes any payment which is for the other party's account according to this clause, the other party shall indemnify the paying party. 45. The vessel shall arrive at loading port with all tanks, pipes and other equipments ready to receive Commercial Butane/Propane. The ship shall be clean, fully purged/cooled (if required) and ready in all respects to receive Commercial Butane/Propane upon arrival at loadport. 46. Owners shall clean vessel’s tanks, lines and pumps to Charterer’s Inspector’s satisfaction before tendering Notice of Readiness to load. If further cleaning is required, expenses and time will be for Owners’ account. Owners to carry out thorough cleaning of tanks, pipelines, etc., by standard processes before the vessel is presented for Charterer’s Inspector’s inspection. However, even if after such thorough cleaning of the vessel, she remains unsuitable for loading cargo, Charterer’s shall have the option to cancel the Charter Party. 47. Owners guarantee that vessel’s maximum draft on arrival at first discharge port shall be as per port draft without lightering and no dead freight to be for Charterers’ account due to this draft limitation. 48. In case of exigencies, the owners will have the option to substitute with a vessel, subject to charterers’ acceptance. 49. Vessel to provide the tools and tackles, pipes and flanges, etc. required. Charterers to have use of any hoses, if available on board, at no extra charge. 50. Charterers have operational tolerance to load upto plus (subject to vessel’s capacity)/minus 100 mts than the qty opted by the master and any dead freight arising out of this shall not be on charterers account. 51. If vessel is required to load from two ports, prior agreement of charterers to be obtained before comingling the cargo. Such co-mingling of cargo will be without any liability to the owners.
52. Waiting time of vessel for loading second parcel to be on Owners account and not to count as laytime or time on demurrage.
53. Coolant Clause (If applicable): a)
CHARTERERS WILL MAKE BEST ENDEAVOUR TO ARRANGE SUPPLY OF COOLANT TO THE VSL AT THE EARLIEST UPON ARRIVAL OF THE VSL AT LOADPORT , FAILING WHICH THE OWNERS WILL HV TO ARRANGE COOLANT SUPPLY TO THE VSL AT THEIR TIME AND COST AND PRESENT THE VSL IN LOAD READY CONDITION AT THE LOADPORT DURING THE LAYCAN. CHARTERERS WILL NOT BE RESPONSIBLE FOR ANY TIME LOST OR COST INCURRED IN THIS REGARD.
b) IN CASE THE CHARTERERS SUCCEEDS IN SUPPLYING COOLANT TO THE VSL, THE QTY OF COOLANT SUPPLIED WILL BE CONSIDERED AS PART OF CARGO TO BE LOADED DURING LDG LAYCAN _______. OBQ OF THE VSL AT LOADPORT, IN THAT CASE, WILL BE TREATED AS ZERO FOR APPLICATION OF THE LOSS CLAUSE.
c)
ENTIRE TIME FOR LDG COOLANT, COOLING / GASING UP, WAITING TIME FOR LDG COOLANT / LDG MAIN CARGO ETC., WILL BE ON OWNERS' ACCOUNT. THE LAYTIME WILL COMMENCE ONLY UPON COMMENCEMENT OF LOADING MAIN CARGO UNLESS THE VSL IS LOAD READY PRIOR TO EXPIRY OF THE LAYCAN IN WHICH CASE THE RELEVANT C/P CONDITIONS WILL APPLY.
d) ANY CONSEQUENTIAL DELAYS / COSTS RESULTED FRM SUPPLYING THE VSL WITH COOLANT BY THE CHARTERERS AND THE VSL BEING NOT READY TO LOAD DURING LAYCAN _______ SHALL BE FOR OWNERS' ACCOUNT.
54. For loadings in Malaysia: (a) Vessel must be approved by M/s Petronas Maritime Services (b) If vessel tenders NOR after 1700 hrs, NOR will be deemed to have been tendered at 0700 hours on the following day 55. It is expressly understood and agreed by and between the owner and charterer that the Government of India is not a party to this agreement and has no liabilities and obligations. It is expressly understood and agreed that charterer is an independent legal entity with power and authority to enter into contracts solely on its own behalf under the applicable laws of India and general principles of contract law. The owner expressly agrees, acknowledges and understands that charterer is not an agent, representative or delegate of the Government of India. It is further understood and agreed that the Government of India is not and shall not be liable for any acts, omission, commissions, breaches, or their wrongs arising out of the contract. Accordingly, the owner hereby expressly waives, releases and foregoes any and all actions or claims including cross claims, impleader claims or counter claims against the Government of India arising out of contract and covenants not to sue the government of India as to any manner, claim, cause of action of thing whatsoever arising of or under this agreement.
SHIP BROKERS Sl. No. Company 1 Braemar Seascope India Pvt Ltd. Suite No. 505-8, Paharpur Business Centre, 21 Nehru Place, New Delhi - 110019 2 CTI Shipbrokers (I) Pvt Ltd., 7th Floor, Commercial Tower, LeMeridien Hotel, New Delhi 110001
Name Nikhil Raj Kunal Ankit Rana Capt. Jaideep S. Kapoor Sachin Verma Ms Rupinder Kaur Naveen Bhansali Capt. Ashish Bhalla Jitender Singh Ashish Chandra Pramod Mehta
3
HOPP Worldwide Limited, F-03, Bhagat Singh Market, New Delhi 110001
4
Interocean Shipping (India) Pvt Ltd. 75, Link Road, Lajpat Nagar III, New Delhi 110024
5
J. M. Baxi & Co. F-76, 7th floor, Himalaya House, 23, K G Marg, New Delhi -01 Marshall Produce Brokers Co. Pvt. Ashok Trehan Ltd., 302, New Delhi House, 27, P C Verma Barakhamba Road, New Delhi R N Katyal Sidharth Trehan Ravindra K. Reshamwala Ajay M Reshamwala 7/A PIL Court, 111 Maharshi Karve Vivek Reshawala Road,Mumbai - 20 Vivek Patkar Anand Mehta Ajay Jadhav Shiplinks, 75 Link Road, Room No. Shree Krishan 201, 2nd Floor, Lajpat Nagar III, Anshuman Jajodia New Delhi 110024 Sujora Shipping Pvt Ltd. 1004 Gursharan Singh Vikram Tower, 16, Rajendra Place, Anil Marwaha New Delhi 110 008 Ajay Chopra Tradex Chartering & Trading Pvt Henry Monterio Ltd., A-5, Sagar Darshan, 308 Carter Anil Pande Road, Khar West, Mumbai - 400 052 Abhijijeet Roy
6
7
8
9
10
B. Dhanaraj (Dirty) Aman Mehrotra Armrita Mann Shailav Jain Amit Behl Ashish Kalra Capt.Rohit Tuli Rachitra Sehgal Rupali Singh (Clean) Manish Pokhriyal Capt Ashok Sharma Shalender
11
Transocean Agency, 63, Bajaj Bhavan, Nariman Point, Mumbai
Snehal J Mehta M S Mayal Capt Mukul Attri Capt.Yogesh Vats
12
Clarksons India 124-125 Rectangle-1 D-4, Saket District Centre New Delhi 110 017 ACM Shipping India Ltd Maker Chambers 5, Office no 1118, 11th floor , 221 Nariman Point. Mumbai-21
Amit Mehta Tarun Chaudhry Gaurang Kapur Ankush Sharma
SSY A-307, 215 Atrium, Kanakia Spaces, Andheri Kurla Road, Andheri (E), Mumbai 69
Capt Rajneesh Raj Capt Amit Kalhans Capt Kshitij Banvalikar
13
14
S S Juneja Himanshu Sharma Atul Sharma Hiren Shah Manasi Vichare
Telephone 011 46555000-03 011 41207137
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