part 18 worldfood 99 charter party - fettigdonalty.com cp part ii.pdf · part 18 "worldfood...

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PART 18 "Worldfood 99" Charter Party 1. Ves- 1 to a new cancelling date. 82 (.) The Owners shall: 2 If U1eChartefers do not exercise their option of cancelling, then this 83 (I) before and at the begimng of U1e voyage exercise due ciligence 10 3 Charter Party shall be deemed to be amended such that the fourth day 84 make theVessel seaworthy and inevery way fit lorthevoyage and for 4 after the new dateof readiness indcated in theOwners' notification snail 85 U1e trade for which she is efl'()byed, with a full complement of Master,S be regarded as the new cancelling date. ~ offk:ers and crew for a vessel of her type, tonnage and flag; 6 (c) The provisions of sub-dause (b) of U1is Oause shall operate only once 87 (Ii) ensure that U1rol4lOUt the currency of U1is Charter Party the Vessel 7 and, in case of U1e Vessel's further delay, the Charterers shaM have U1e 88 and her Master, officers and crew will comply with all safety and 8 option of canceling the Charter Party as per sub-clause (a) above 89 heahh regulations and OCher statutory rules or regulations and 9 internationally recogIized requirements necessary to secure sere 10 6. AdV8nC8 Notices (LO8dlng) and unhindered k>ading of the cargo, performance of U1e voyage and t 1 (a) The Owners shall give U1e IoIkJwingnotices of ETA (Est~ted Time discharge of the cargo; 12 of Arrival) at first or sole loading port 10 the Charterers and the Parties (Iii) ensure that U1~ut U1e currency of U1is Charter Party the Vessel 13 indicated in Box 13: is fully insured in respect of kISsof or damage 10 or in oonnection wMh 14 (I) nofjce of ETA at time of fixture' cargo by U1e Protection and InderMity Class of the P&I CIIb stated in 15 (II) 10 days notice of ETA; Schec*J1e A and also insured against !MAl and machinery risks for a 16 (Iii) 72 hours noIX:eof ETA; value not less U1an that specified in Sche!k.Ae A. 17 (Iv) 24 hours deftt*e notice of arrival. 97 ~ (b) The Vessel as described in Box 9 and in Schedule A shall be classed 18 Notwithstancing provisions 10 U1econtrary in Clauses 8 and 9, if the 98 Lloyd's 100 A 1 or equivalent as stated II SdIeduIe A. The Owners warrant 19 Owners fail to give notice II accordance with SIb-clause 6 (a)(Iv), laytime 99 n to ma.uain U1at class U1roughout the currency of U1is Charter Party. 20 shall not start to count until 48 hours after U1e arrival of the Vessel. 100 CD (b) The Master snail give the Vessel's posjlx,n every 72 hours after fixing 101 0 2. Voyage 21 and,if transiting the Sooz Canal and/or the Panama Canal, the Master 102 t'f\ (8) The Vessel shall wMh aI reasonable despatch proceed to the k>acing 22 shall notify the Charterers thereof, stating time of entering and leaving the 103 ~ portIs) or piace(s) stated in Box 6 or so near thereto es she may sefeiy get 23 Canal(s). 104 ~ and lie always safe and aftoat, and there load the cargo stated in Box 8, 24 ! and being so loadedthe Vessel shaI with aI reasonabledespatch proceed 25 7. Advance Notices (Discharging) 105 to the discharging port(s) orplaoe(s) stated 1\ Box 7 or so near thereto as 26 (8) The Owners or the Master shall give the following notices of ETA at 1~' she may safely get and lie always safe and afloat and there deliver the 27 first or sole dischargWIg port to the Charterers and the Parties indicated In 107 cargo. 28 Box 14: 1~ If the Charterers have U1e r9tt to Olderthe Vessel 10 load and/or discharge 29 (I) Upon saling from loading port (or if more than ~ badng port from 1 ~ at one or more ports out of several named ports or within a specific range, 30 final port of loading) approxknate ETA, also stating quantity of cargo t 10 the Charterers shall declare the actual port or ports of IoaIIng and/or 31 k>aded and eslWnated arrival draft; 111 discharge within the number of days stated Wi Boxes 6 and 7, respectively. 32 (ii) 10 days notQ of ETA; tt2 Unless kIading and/or discharging portS are named in ~ Charter Party, 33 (III) 72 hours notice of ETA; "3 the responsjbility for providing safe ports or places of loacing and/or 34 (Iv) 24 hours definite notice of arrival. "4 cischarging lies with U1e Charterers. 35 Notwithstanding provisions to the contrary in Clauses 8 and 9, if the "5 (b) Rotatiorl of Ports 36 Owners or the Master tall 10give noIkJeWi acoordance with sub-ciause 7 t16 ~ otherwise agreed, loading and/or discharging at two or more ports 37 (a) (Iv), laytirne shall nof start to count unti 48 hours after the arrival of the t t7 shal be effected in geogI'aphk;alrotation. 38 Vessel. t18 (b) The Master shall give to the Charterers the Vessel's position every 72 t t9 3, Cargo ~ hours en route to the discharging POf1 and, if transiting U1e Suez Canal and/ t20 (e) Unless otherwise slated in Box 8, this Charter Party is for a U and 40 or U1e Panama Canal, the Master shal notify the Charterers thefeof, 121 complete cargo as described in Box 8. 41 stating time of entering and leaving U1e Canal(s). t22 (b) The Charterers warrant thet the cargo referred to in Box 818 non- 42 ,-LOADING (see Clause 47) dangerous for carriage according to applicable safety reglMtions 43 8. NotIce of RNdIneu (LoWIng 8nd Dl8C'-glng) t23 incIuckIg IMO Code(s). 44 (e) At each port of loading or <ischargWIg, noIX:e of readiness shall be t24 (c) Part Cargo - if agreed and stated Wi Box 8 U1atU1is Charter Party is for 45 given by U1e Master 10 U1e Charterers and the Parties indicated In Boxes 125 a part cargo, the Owners guarantee that any additional cargo shall be non- 46 13 and 14, as appropriate, when the Vessel Is Wi U1e loading or <ischarging 126 hazardous and non-injurious to the cargo carried under U1is Charter Party 47 berth and has obtained customs clearance and free pratique and is In aU t27 and that in any event no fertiHsers or chenWcals will be loaded. 48 respects ready 10bad or discharge. 128 Such additionalcargo shal be stowed in separate compartments and shaI 49 (b) At loading port before tendering notk:e of readiness, the Owners and t29 not affect U1erate of loading and cischarging of the cargo under this SO the Master shaM ensure that all hdds of the Vessel are clean, dry and free 1~ Charter Party as stipulated in Boxes 15 and 16, respectively. 51 from smeI and in aI respects suitable to receive the cargo to U1e 131 If cargo other than the Charterers' cargo is badedldischarged at the same 52 Charterers'satisfaction. t32 port and/or berth and waiting time is incurred, such &ne shall be calculated 53 (c)" a I~a~ng berth is not designated or if such designated 133 on a pro rata basis 8(X)OI"ding to the quantity of each cargo. If cargo OCher 54 berth is not available upon the Vessel's arrival at or off the port, notk:e of t34 U1an U1e Charterers' cargo is loaded/discharged at the sama berth, time 55 readiness may be given upon arrival at the customary _iting place at or 135 shall only count when the Charterers' cargo is actually being loaded/ 56 off the port, whelhercleared etcuatoms or not and whether in free pratique t~ <ischarged. Shook! cargo other than U1e Charterers' cargo interfere in any 57 or not. t37 way wtlatsoever with Ioading/<ischarging of the Charterers' cargo, time 58 ~r.ifuponU1eVessel'sarrivalatoroffU1ePOf1sheispreventedfrom 138 shell cease to count entirely if the Charterers' k>ading/discharging is 59 proceeding 10 the Ioading/discharging berth by her inefficiency, weaU1er, 1~ stopped ~1eIe1y or on a pro rata basis" partially stopped 60 tKial conditions, strikes of tugs or pilots, or mandatory regulations, notice 140 The Ownersshall pay totally or PfapOrtionaJly U1e costs of lightening, if any, 61 of reaaness may be given only when such hindrance(s) has (have) 141 aI the port(s) of cischarge incurred due to k>acing of completion cargo. 62 ceased. 142 (d) Unless oIhelwise stated In Box 8, all quantities shall be expressed in 63 (d) Notice of readiness to load or discharge shaM be tendered between 143 tons of 1,000 kilograms. 64 the hours of 00.00 to 17.00 on ordinary working days, Sundays (or their 144 k)cal equivalents) excepted and between the hours of 09.00 to 12.00 on 145 4. l8yd8ya Date end Pre88nt Po8ItIOCI 65 Saturdays (or their local equivalents). 146 (8) Laydaysshailnotcommencebefore07.00hoursonthedatestatedin 66 r--LOADING (see Clause 47) Box 10. However, notice of readiness may be given before that date and 67 9. TIme Counting (Loading .nd Dlschergif1g) 147 notice time shall run forthwith. 68 (e) At first or sole loading and cischarging port, laytWne for loading and t48 (b) Present position of the Vessel as per Box 12. 69 discharging shall commence at 07.00 hours on the next working day t49 - following tendef1ng of notke 01readiness in aaXJrdancewith Clause 8. tSO 5. C8nceMing 70 (b) While at second or subsequent port(s) of loading and discharging, t51 (8) The Charterers shaH have the option of cancelling U1e Charter Party if 71 laytirne shall count ~ the Master's tendering of notice of readiness, t52 the Vessel has not lendered notice of reaaness 10 k>ad on or before t 7.00 72 whether in berth or nof' provided the notice of readiness is tendered kI 153 hours on the canceling date stated in Box t 1. 73 aaXJrdanCe with Clause 8, otherwise the laytime shall commence aI 07.00 154 (b) Should the Owners .nti~te U1at, despite the exercise of due 74 hours on the next working day. 155 diligence, the Vessel will not be ready to load by the cancelling daIe,they 75 (c) If the notice of readiness has been tefxjered wtVlethe Vessel is at or 156 shall notify the Charterers thereof without delay stating U1e actual da1eof 76 off the port, in accordance with Clause 8, the laytime shall commence and 157 sailing or the expected date of U1e Vessel's reaciness to sail from herla&t 77 shaHcount as if U1e Vessel were in berth. t58 discharge portandherexpected dateof readiness to load. 78 (d) Actual time used for shifting to the Ioadingiclscharging befth or to a 159 In notifying the Charterers of the delay the Owners may require the 79 waiting berth in port shall nof count as laytime unless the Vessel is already 160 Charterers to declare within two working days after receipt of such notice 80 on demurrage. 161 whetherth8'wilexerclselheiroptiontoca~1 the Charter Party or agree 81 (e) If, after tendering notice of readiness and provided the Charterers 162 '3 '\-

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Page 1: PART 18 Worldfood 99 Charter Party - fettigdonalty.com CP PART II.pdf · PART 18 "Worldfood 99" Charter Party ... shell cease to count entirely if the Charterers' k ... the 79 waiting

PART 18"Worldfood 99" Charter Party

1. Ves- 1 to a new cancelling date. 82(.) The Owners shall: 2 If U1e Chartefers do not exercise their option of cancelling, then this 83(I) before and at the begimng of U1e voyage exercise due ciligence 10 3 Charter Party shall be deemed to be amended such that the fourth day 84

make the Vessel seaworthy and in every way fit lor the voyage and for 4 after the new date of readiness indcated in the Owners' notification snail 85U1e trade for which she is efl'()byed, with a full complement of Master,S be regarded as the new cancelling date. ~offk:ers and crew for a vessel of her type, tonnage and flag; 6 (c) The provisions of sub-dause (b) of U1is Oause shall operate only once 87

(Ii) ensure that U1rol4lOUt the currency of U1is Charter Party the Vessel 7 and, in case of U1e Vessel's further delay, the Charterers shaM have U1e 88and her Master, officers and crew will comply with all safety and 8 option of canceling the Charter Party as per sub-clause (a) above 89heahh regulations and OCher statutory rules or regulations and 9internationally recogIized requirements necessary to secure sere 10 6. AdV8nC8 Notices (LO8dlng)and unhindered k>ading of the cargo, performance of U1e voyage and t 1 (a) The Owners shall give U1e IoIkJwing notices of ETA (Est~ted Timedischarge of the cargo; 12 of Arrival) at first or sole loading port 10 the Charterers and the Parties

(Iii) ensure that U1~ut U1e currency of U1is Charter Party the Vessel 13 indicated in Box 13:is fully insured in respect of kISs of or damage 10 or in oonnection wMh 14 (I) nofjce of ETA at time of fixture'cargo by U1e Protection and InderMity Class of the P&I CIIb stated in 15 (II) 10 days notice of ETA;Schec*J1e A and also insured against !MAl and machinery risks for a 16 (Iii) 72 hours noIX:e of ETA;value not less U1an that specified in Sche!k.Ae A. 17 (Iv) 24 hours deftt*e notice of arrival. 97 ~

(b) The Vessel as described in Box 9 and in Schedule A shall be classed 18 Notwithstancing provisions 10 U1e contrary in Clauses 8 and 9, if the 98Lloyd's 100 A 1 or equivalent as stated II SdIeduIe A. The Owners warrant 19 Owners fail to give notice II accordance with SIb-clause 6 (a)(Iv), laytime 99 nto ma.uain U1at class U1roughout the currency of U1is Charter Party. 20 shall not start to count until 48 hours after U1e arrival of the Vessel. 100 CD

(b) The Master snail give the Vessel's posjlx,n every 72 hours after fixing 101 02. Voyage 21 and, if transiting the Sooz Canal and/or the Panama Canal, the Master 102 t'f\

(8) The Vessel shall wMh aI reasonable despatch proceed to the k>acing 22 shall notify the Charterers thereof, stating time of entering and leaving the 103 ~portIs) or piace(s) stated in Box 6 or so near thereto es she may sefeiy get 23 Canal(s). 104 ~and lie always safe and aftoat, and there load the cargo stated in Box 8, 24 !and being so loaded the Vessel shaI with aI reasonable despatch proceed 25 7. Advance Notices (Discharging) 105to the discharging port(s) orplaoe(s) stated 1\ Box 7 or so near thereto as 26 (8) The Owners or the Master shall give the following notices of ETA at 1~'she may safely get and lie always safe and afloat and there deliver the 27 first or sole dischargWIg port to the Charterers and the Parties indicated In 107cargo. 28 Box 14: 1~If the Charterers have U1e r9tt to Older the Vessel 10 load and/or discharge 29 (I) Upon saling from loading port (or if more than ~ badng port from 1 ~at one or more ports out of several named ports or within a specific range, 30 final port of loading) approxknate ETA, also stating quantity of cargo t 10the Charterers shall declare the actual port or ports of IoaIIng and/or 31 k>aded and eslWnated arrival draft; 111discharge within the number of days stated Wi Boxes 6 and 7, respectively. 32 (ii) 10 days notQ of ETA; tt2Unless kIading and/or discharging portS are named in ~ Charter Party, 33 (III) 72 hours notice of ETA; "3the responsjbility for providing safe ports or places of loacing and/or 34 (Iv) 24 hours definite notice of arrival. "4cischarging lies with U1e Charterers. 35 Notwithstanding provisions to the contrary in Clauses 8 and 9, if the "5(b) Rotatiorl of Ports 36 Owners or the Master tall 10 give noIkJe Wi acoordance with sub-ciause 7 t16~ otherwise agreed, loading and/or discharging at two or more ports 37 (a) (Iv), laytirne shall nof start to count unti 48 hours after the arrival of the t t7shal be effected in geogI'aphk;al rotation. 38 Vessel. t18

(b) The Master shall give to the Charterers the Vessel's position every 72 t t93, Cargo ~ hours en route to the discharging POf1 and, if transiting U1e Suez Canal and/ t20

(e) Unless otherwise slated in Box 8, this Charter Party is for a U and 40 or U1e Panama Canal, the Master shal notify the Charterers thefeof, 121complete cargo as described in Box 8. 41 stating time of entering and leaving U1e Canal(s). t22(b) The Charterers warrant thet the cargo referred to in Box 818 non- 42 ,-LOADING (see Clause 47)dangerous for carriage according to applicable safety reglMtions 43 8. NotIce of RNdIneu (LoWIng 8nd Dl8C'-glng) t23incIuckIg IMO Code(s). 44 (e) At each port of loading or <ischargWIg, noIX:e of readiness shall be t24(c) Part Cargo - if agreed and stated Wi Box 8 U1at U1is Charter Party is for 45 given by U1e Master 10 U1e Charterers and the Parties indicated In Boxes 125

a part cargo, the Owners guarantee that any additional cargo shall be non- 46 13 and 14, as appropriate, when the Vessel Is Wi U1e loading or <ischarging 126hazardous and non-injurious to the cargo carried under U1is Charter Party 47 berth and has obtained customs clearance and free pratique and is In aU t27and that in any event no fertiHsers or chenWcals will be loaded. 48 respects ready 10 bad or discharge. 128Such additional cargo shal be stowed in separate compartments and shaI 49 (b) At loading port before tendering notk:e of readiness, the Owners and t29not affect U1e rate of loading and cischarging of the cargo under this SO the Master shaM ensure that all hdds of the Vessel are clean, dry and free 1~Charter Party as stipulated in Boxes 15 and 16, respectively. 51 from smeI and in aI respects suitable to receive the cargo to U1e 131If cargo other than the Charterers' cargo is badedldischarged at the same 52 Charterers'satisfaction. t32port and/or berth and waiting time is incurred, such &ne shall be calculated 53 (c)" a I~a~ng berth is not designated or if such designated 133on a pro rata basis 8(X)OI"ding to the quantity of each cargo. If cargo OCher 54 berth is not available upon the Vessel's arrival at or off the port, notk:e of t34U1an U1e Charterers' cargo is loaded/discharged at the sama berth, time 55 readiness may be given upon arrival at the customary _iting place at or 135shall only count when the Charterers' cargo is actually being loaded/ 56 off the port, whelhercleared etcuatoms or not and whether in free pratique t~<ischarged. Shook! cargo other than U1e Charterers' cargo interfere in any 57 or not. t37way wtlatsoever with Ioading/<ischarging of the Charterers' cargo, time 58 ~r.ifuponU1eVessel'sarrivalatoroffU1ePOf1sheispreventedfrom 138shell cease to count entirely if the Charterers' k>ading/discharging is 59 proceeding 10 the Ioading/discharging berth by her inefficiency, weaU1er, 1~stopped ~1eIe1y or on a pro rata basis" partially stopped 60 tKial conditions, strikes of tugs or pilots, or mandatory regulations, notice 140The Owners shall pay totally or PfapOrtionaJly U1e costs of lightening, if any, 61 of reaaness may be given only when such hindrance(s) has (have) 141aI the port(s) of cischarge incurred due to k>acing of completion cargo. 62 ceased. 142(d) Unless oIhelwise stated In Box 8, all quantities shall be expressed in 63 (d) Notice of readiness to load or discharge shaM be tendered between 143tons of 1,000 kilograms. 64 the hours of 00.00 to 17.00 on ordinary working days, Sundays (or their 144

k)cal equivalents) excepted and between the hours of 09.00 to 12.00 on 1454. l8yd8ya Date end Pre88nt Po8ItIOCI 65 Saturdays (or their local equivalents). 146

(8) Laydaysshailnotcommencebefore07.00hoursonthedatestatedin 66 r--LOADING (see Clause 47)Box 10. However, notice of readiness may be given before that date and 67 9. TIme Counting (Loading .nd Dlschergif1g) 147notice time shall run forthwith. 68 (e) At first or sole loading and cischarging port, laytWne for loading and t48(b) Present position of the Vessel as per Box 12. 69 discharging shall commence at 07.00 hours on the next working day t49- following tendef1ng of notke 01 readiness in aaXJrdance with Clause 8. tSO

5. C8nceMing 70 (b) While at second or subsequent port(s) of loading and discharging, t51(8) The Charterers shaH have the option of cancelling U1e Charter Party if 71 laytirne shall count ~ the Master's tendering of notice of readiness, t52the Vessel has not lendered notice of reaaness 10 k>ad on or before t 7.00 72 whether in berth or nof' provided the notice of readiness is tendered kI 153hours on the canceling date stated in Box t 1. 73 aaXJrdanCe with Clause 8, otherwise the laytime shall commence aI 07.00 154(b) Should the Owners .nti~te U1at, despite the exercise of due 74 hours on the next working day. 155diligence, the Vessel will not be ready to load by the cancelling daIe,they 75 (c) If the notice of readiness has been tefxjered wtVlethe Vessel is at or 156shall notify the Charterers thereof without delay stating U1e actual da1e of 76 off the port, in accordance with Clause 8, the laytime shall commence and 157sailing or the expected date of U1e Vessel's reaciness to sail from herla&t 77 shaH count as if U1e Vessel were in berth. t58discharge port and her expected date of readiness to load. 78 (d) Actual time used for shifting to the Ioadingiclscharging befth or to a 159In notifying the Charterers of the delay the Owners may require the 79 waiting berth in port shall nof count as laytime unless the Vessel is already 160Charterers to declare within two working days after receipt of such notice 80 on demurrage. 161whetherth8'wilexerclselheiroptiontoca~1 the Charter Party or agree 81 (e) If, after tendering notice of readiness and provided the Charterers 162

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Page 2: PART 18 Worldfood 99 Charter Party - fettigdonalty.com CP PART II.pdf · PART 18 "Worldfood 99" Charter Party ... shell cease to count entirely if the Charterers' k ... the 79 waiting

PART II"Worldfood 99" Charter Party

have appointed and paid tor an independent surveyor to inspect the 163 satisfaction between loading berths/ports and between cischarging 245

Vessel's holds as soon as possible, the Vessel is nevertheless found not 164 berths/ports, respectively Any expenses resulting therefrom shan be for 246

to be in an respects ready to IoadIdischarge, the actual time lost until the 165 the Charterers' account and any time used shall count as laytime, 247

Vessel is in fact ready to load/discharge (WlCluding customs clearance and 166free pratique, if aRJIicable) shall not count as laytime or, if the Vessel Is 167 13. Dunnege/Separation 248

already on demurrage, as time on demurrage. 168 (a) Dunnage - The Owners shaH provide, lay and ef8ct an dunnage 249

(I) Time lost as a result of inefficiency or any OCher cause, inclucing strike 169 material (including paper, plastic, etc.) required for the proper stowage and 250byofficersandc~, attrtbutabtetothe Vessel, her Master, hercreworthe 170 protection of the cargo. 251Owners whW;h affects the workjng otthe Vessel, shan not count as laytime 171 (b) Separation - The Charterers shan have the right to ship parcels of 252

or as time on demurrage. 172 dIferent qualffies or parcels for different receivers in separate holds within 253(0) In the evenl that the Vessel is waiting for a loading or discharging 173 the Vessel's natural segragation and suitable for her trim provided that 254beIth and notice of readiness has ~ tendered according to ~ 9( c), 174 such parcels can be loaded, carried and cischarged without affecting the 255no laytime shall be deducted during such period for reasons of weather, 175 Vessel's seaworthiness. No separation other than natural separation win 258unless the vessel occupying the loading or cischarging berth in question is 176 be r~ired tor cargoes carried under tIWs Charter Party. 257actuaHy prevented from working due to _thef conditions, in which case 177laytime so!osl shaI not count unless the Vessel is already on demurrage. 178 14. Opening and Closing of ~ 258

(h) Excepted Periods. 179 Opening and closing of hatches at loading and discharging poI1S shan be 259

(I) In those countries in which Sunday is the recognised day of rest, 180 performed by the Vessel's crew at the Owners' expense. Such operations 260

laytime shall not run from either 12.00 hours on Saturday or, wh8re 181 shan, if required byChar1erers, also be performed ootskie usual stevedore 261

Saturday is a day on whidl stevedores work only at overtime rates, 182 working hours. If use of the Vessel's crew is not pefnlitted by local 262

from the time on Friday at which stevedofes cease to be paid at the 183 authorities or local union regulations, shore labour (stevedores) shall be 263

nannal rate, unti 07.00 hours on Monday. 184 provided and patd for by the Charterers. 264

(ii) In those countries in which Friday Is the nICOgnised day of rest, 185 The Master has the re8ponsblity of taking ection for closing of hatches ~ 265

laytime shall not ~ from either 12.00 hours on Thursday or, Where 186 the event of inclement _ther or the ~ of substances hamlfut to 266

nlursday is a day on whidl steve<k>res work onty at overtime rates, 187 the cargo during loading and discharging. 267

from the time on Wednesday at which stevedores cease to be paid at 188

the nomlal rete, until 07.00 hours on Saturday. 189 15. Ve88eI's Cergo Geer 268(III) Laytime shaM not run from 17.00 hours on a day preceding a national 1~ (e) Cargo hardng gear . The Owners shan always give free use, 269

or local holiday until 07.00 hours on the next working day. 191 throughout the duration of loa<ing and discharging, of all Vessel's cargo 270(Iv) If work is actuaUy carried out during any of the e~ed periods 192 handtinggearandtheVesseishalhavesufficientlOOtivepowertooperate 271

specified in sub-paragraphs (i) to (.i) hereof, only half ~ such time 193 all cargo handling gear simultaneously. The OWners also to make 272actually used shan count as laytime. 194 available an slings as on board. 273

(b) Breakdowns - All equ~t referred to in (a) above shaI be 27410. Loading and Di8Ch8rgIng 195 maintained in good working order up to tested capacity and with valkt 275

(a) Bulk Cargo - If IoacIng bulk cargo, the cargo shan be loaded and 196 certfficates throughout the currency of this Charter Party. Unless caused 276

spout-trImmed by the Charterers at their expense, but under the 197 by negligence of the Charterers' stevedores, time lost by breakdown of 277supervision of the Master, at the rate stated in Box 15 per _ther working 198 Vessel's cargo herding gear - pro rata the total number of cr8f-'wW1ches 278

day of 24 consecutive hours (SIAIject to excepted periods according to 199 requifedatthattimeforloading/dischargingcargounderthisCtlafterParty 279Clause 9). 200 - shan not count as laytime or as time on demurrage, and cost of labour 280

0IfI9r Ihan Bulk C8Igo - If Ioa~ other than bulk cargo, the cargo shan be 201 standing-by as a result shall be for the OwnefS' account. 281

loaded and stowed by the Chal1erers at their expense, but under the 202 (c) Cranemen/winchmen - On ~ the Owners shan provide, free of 282

Supervis4on of the Master, at the rate stated In Box 15 per _ather working 203 charge, cranemen/ winchmen from the crew to operate the Vessel's cargo 283

day of 24 consecutive hours (subject to excepted periods aQX)ning fo 204 handling gear, ~ the crew's empkIyment conditions or local union or 284

Clause 9). 205 port regulations protlDt this, In whidl event shore labourers shall be 285

(b) The cargo shaM be discharged by the Charterers at their expense, but 206 provided and paid for by the Charterers. Cranemen/winchmen, whether 286

under the supervision of the Master, at the rate stated ~ Box 16 per 207 crew or shore labourers, shan be deemed the Charterers' servants and 287

weather working day of 24 consealtive hours (suqect to excepted periods 208 sha. always work under supervision of the Master, but at the Charterers' 288

according to Clause 9). 209 risk and responsIIiIity. 289

(c) At each Ioacing and discharging port stevedores shan be appointed 210 This Clause shal not apply if Vessel is gearless and stated as such in 290

and paid by the Charterers. 211 Schedule A. 291

(d) Cargo HancRing- During the loading and <isd1arging operations, the 212

Master shall supervise the work perfom1ed by the stevedores and sheJ 213 16. Ught 292

Instruct them property k1 regard to handling, loading, sro-ge and 214 Whenever ~red, the OWners sha. provide free of charge, throughout 293

cisd\arging of the cargo. 215 the <*Jration of Ioading/~scharging, light (as on board) for work on and 294Shoold the stevedores refuse to follow his kIs1JUdions, the Master shall 216 under deck. 295

protest to them in writing and shan advise the Charterers immediately 217thereof. 218 17. Lo8dl~nwrrlmmlng and DIscharging 296

(e) Bulk cargo - The Vessel shall be suitable for grab discharge and no 297

11. De~ Money 219 cargo shan be loaded into spaces inaccessi)1e to grabs. However, the 298

(a) Demurrage in Ioadng and discharging shaI be paid by the Charterers 220 Mas1er has the right to load cargo into such places for the purposes of 299

at the rale as stated ~ Box 17 per running day or pro rata. 221 stability of the Vessel. Any extra expense is to be for the OWners' account. 300

(b) Despatch money at half the demurrage rate shan be pakt by the 222 TimeusedinioadW)Qand/ordischarglngintoorfromthasepiacesshallnot 301

Owners on laytime saved in loading and/or discharging. 223 count, even if the Vessel is on demurrage. 302(c) Demurrage and Despatch 8<n)Unts shan be settled When fWIaIizing 224 (b) The OWners warrant that the Vessel is approved by the Vessers 303

accounts as per Clause 22. 225 classification society or an organisation aoceptable thereto for the carriage 304

(d) Laytime between ports of loading and discha~ shan be non- 226 of bulk grain under the appbble SOLAS regulations. The Owners further ~

reversible. If the Vessel has to load at two or more ports, the ports sh8JI be 227 warrant that approved information relating to dlspensa1lon from trimming 306regalded as a single one for the purpose of laytime OO"1Iutation and the 228 end ot fined hokis win be on board the Vessel on arrival at the loading port. 307

same pri~ aRJIies fo clscharging ports. For the purposes of 229 Any trimming other than spout trimming (whether ~ trimming head is 308

computing laytime, twin/double hatches shall count as one hatch only. ~ moveable or fixed) shan be for the Owners' expense and time so used shall 309

not count as laytime or demurrage. Any bagging, strapping or securIng 31012. Shifting Md Warping - 231 whidl may be required is to be supplied and paid for by the Owners and 311

(a) Shifting - The Charterers shan have the option of ordering the Vessel 232 time used shall not count as laytime or demurrage. Bleeding of begs, if 312

to load and/or discharge at a second safe berth if required. The oosts of 233 any, at discharging port shall be for Owners' time, risk and expense. 313shifting from firs110 second berth shaI be for the Owners' account Time 234 (c) Bagged, cartoned and palletised cargo - In the case of bagged, 314

used for shifting shall count as laytime unless shifting is performed during 235 cal1oned and paJletised cargo, any cargo space into which such cargo Is 315

excepted perk>ds acconing to Clause 9. 236 loaded mus1 be accessible to customary loading and discharging 316

(b) Warping. The Vessel shall. be warped alongsKje the loading! 237 equipmenl 317

cischarging appliances, as reasonably required, at the Owners' risk and 238

expense, but time shall count as laytime unless warping is performed 239 18. Stevedore Damage 318

during excepted periods accorcingto Clause 9. 240 The Charterers shall be responsible for damage (beyond ordinary wear 319Overtime expenses for the Vessel's officers and crew and costs for 241 and tear) caused by stevedores to any part of the Vessel. Such damage 320

bunkers ~ shaI be for the Owners' 8<n)Unt. 242 shan be notified as soon as reasonably po$Si)Ie, but Iates1 w!\en the 321

(c) Sea~y Trim :"l11e Charterers shall leave

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Chart_IS shall not be held responsible. The Master shall endeavour to 324 23. Du88, Tues end Ch8rges 404~ the stevedores' written ackoowIedgment of the damage caused. 325 (8) On /fie VesseI- The 0wneIS shall pay all dues, duties, taxes and other 405The Chart_IS have the right to r8I)aIr any slevedofe damage at any time 326 charges customarly levied on the Vessel, howsoever the amount thereof 406prior to completion of the voyage where practicable, or otherwise at a place 327 may be assessed. 407mutuaIy agreed ~ the parties, but must reJlair stevedore damage 328 (b) On /fie cargo - The CharterelS shall pay all dues, duties, taxes and 406

affecting the Vessel's ~ness or class before the Vessel saIs from 329 charges Jellied 00 the cargo at the port of loading/discharging, howsoever 409theportwheresuchdamagewascausedorf~. AllaOitionalexpenses 330 the amount thereof may be assessed. 410incurredshalbeforthe~ntoftheCharterelSandanytimelostshal 331 (c) On /he freight. Taxes levied on the lreight shal be paid by the 411be for the account of and shaI be paid to the 0Wne1S by the Charterers at 332 OwnelS. ' 412the demunage rate. 333

24. Extra fnsu~ 41319. 0verII- 334 Any extra insurance on cargo owing to Vessel's age, class, nag or 414

(8) Expenses - All OYefIime expenses at Ioeding 8IKt discharging port(s) 335 ownelShip shaM be for the Owners' account and may be deducted from the 415

shal be for the account of the party ordering same. ~ freight. The CharterelS shall ~h evidence of payment supporting any 416If overtime is ordered by port authorities or the party (not being the 337 suchde<*Jction. Unless a maxWnum amount has been agreed, such extra 417Ct\arterelS) controling the loading and/or discharging tem1W\8l or faciity. 3:m insurance shall not exceed the lowest extra premium whdl would be 418a. overtime expenses are to be paid by the CharterelS. Overtime ~ charged for the Vessel and voyage in the London insurence malilet. 419expenses for the Vessel's officers and crew shan always be for the 340OwneIS' ~nt. 341 25. Lien 420(b) Time Counting. If overtime ordered by the OwnelS is worked during 342 The Owners shaH have a lien 00 the cargo for freight. The Charterers shall 421excepted periods the actual time used shaM count as 1ayt8ne. If overtime 343 remain responsible for freight, dead freight and demurrage incurred at 422ordered by the CharterelS is woliled during excepted periods half the 344 port(s) of k)acing and/or (isch8Ig~. 423actual tWne used shall count as laytime. 345 424

26. Liberty20. Cervo ReceIpt 348 The Vessel shall have liberty to sail with orwithtxlt pik)ts, to tow or go to the 425

(e) No bills of ladng will be issued for shipments -.lder this Charter Party. 347 assistance of vessels in distress, to call at any port or place for oi fuel 426(b) The Owners agree to issue a Cargo Aecei~ as per the 348 supplies,andtodeviateforthepurposeofsavinglifeorproperty,orforany 427"WortdIoodreceipt 99" Cargo Receipt Fonn attached hereto ~ting 349 other reasonable purpose whatsoever. 428all terms, 00fdti0ns, Mberties, clauses and exceptions of this Charter 350Party. In the event of a cootict of ~ ~ the Cargo ~ 351 27. United N8tIons Emergency Cl8u.. 429and this Charter Party, the provisions of this Charter Party shall prevail to 352 The CharterelS have the ri!1\t in C8S8 of an -rgency sitIJatkJn aI1sIng to 430the extent of such conftk:t but 00 further. 353 change the Vessel's destination, subject ~ to the ONneIS' consent, 431

which shall not be unreasonably withheld. In this event, the Own8fS and 43221. Telly 354 the CharterelS shall agree on any necessary adjustment in freight rates in 433

(a) The Cargo Receipt shaU be conclusive evidence of the quantity of 355 consequence of the change of destination. FaiMrlg such agreement, the 434cargo loaded. 356 new rate shall be determined by a shipbroker appointed, at the request of 435(b) If the cargo consisls of bags, bales. cases and/or drums, the Vessel 357 either party, by the Institute of Chartered Sh~, London, acting as 436shaH be responsible for the ~ of packages ~ and the 358 valuer and not as arbitrator. 437pfOYisK:Ins of stb-cIausa (a) also to apply. 359(c) AI each ciscI1a/ging port, the ChartereIS shall app<JW1t ~ ~ 28. G8nef81 C18u.. P88mount 438tallymen to act jointly on behalf of the 0Nne1S and the CharterelS. Such 361 The International ~ for the ~ of Certain Rules of Law 439pint taIy shall be binding upon both parties provided that such tally is kept 362 relating to Bills of Lading signed at Brussels 00 25 AIOIst 1924 ("the Hague 440during ~rging and all cosls shall be for the CharterelS' account. 363 Rulesj as amended by the Protocol S9Ied at ~ on 23 F~ry 1968 441(d) AI each Ioadng port the Owners and the CharterelS shall accept the 364 ("the Hague-VISby Rulesj and as enacled WI the country of sh~ shall 442s1andaId kIadIng tem*ml ~res for _ghlng, controV~ and :M5 apply to this Ct\arter Party. When h ~VISby RIB are lid enacted In 443tally of cargo at the Charterers' expense. 366 the ~ of shipment, the ~ legislation of the country of 444

dashtion shall apply, lnespective of whether such legislation may ~ 44522. Freight Peyment 367 regulate outbound ~ 446

(a) The freight at the rate indicated in Box 18 shaH be calculated on the - When there . 00 enactment of the Hague- Visby Rules in eitler the ~ 447gross intaken weight/quantity stated in the Cargo ReceIpt. 369 of shipment or in the country of destination, the Hague-Visby RIMs shall 448

KI - ~i~(b) 90 (ninety) per cent of the freight is due and payable by the Chartefefs 370 ~ to this Charter Party save where the Hague RIB as enacted In the 449within woliling days after release of signed Cargo Receipt. 371 cowItry of shipment or if 00 such enactment is WI place, the Hague Rules as 450(c) The C rterers shall, if the Owners so request, pay any demurrage 372 enacted WI the country of destination, ~riIY applicable to shipmenls, 451which is due, every 14 days In arrears. 373 in whdl case the provisions of such Rules shall apply. 452(d) The balance of freight with any aqustrnenl for demurrage, despatd1 374 The P~ signed at Brussels 00 21 December 1979 ("tie SOA PrOCoooI 453money, dead freight and/or any other sums payable to the 0wneIS under 375 1979") shall apply where the Hague- Visby Rules ~, whether mandatorily 454this Charter Party 8IKt any Cargo R~ issued hereunder shall be paid 376 or by .. Charter Party. 455promptly by the Charterers upon ~~ of the OwneB' invoice in duplk:ate 377 The Canier shal in 00 case be responsible for bss of or damage to cargo 456giving details of freight due. despatchldemurrage ina.Ted at klading 8IKt 378 arising prior to loading, after discharging, or while the cargo is in the charge 457discha~ ports and supported by all the foaowV1g ~ in 379 of another carrier, or with respect to deck cargo and Mve alWnals. 458duplicate: 380(I) Statement of Facts signed by the Master and the CharterelS' agent 381 29. P a. I Chert8r PMy Pollution Clause 459

and/or representatives at both ends; 382 (e) The OwneIS ~ that throughout the currency of this Charter 460(Ii) Laytime statements (time sheets); 383 Party they wi. provide the Vessel with certificates issued pursuant to 461(HI) Receipted commisskln invoices from all brokelS menttoned WI the 364 Section 1016 (a) of the Oil Pollution Act 1900, and Section 108 (a) of the 462

Charter Party; 385 Comprehensive Environmental Response, Compensation and Liability 463(Iv) A ~ Stowage Plan showing gross cargo quantities 386 Act 1980, as amended, in aocoroance with Part 138 of Coast Guard 464

loaded hold by hold; 387 Regulations 33 CFR. 465(v) Surveyor's report 00 nit and cubic survey in respect of any dead 388 (b) Notwithsta~ anything whether printed or typed herein to the 466

freight claim which shall also be supported by a voudIer approved by 389 contrary. 467the Master and the Charterers'/Shippers' r8pf8S8fWatives at Ioa<Ing 390 (I) save as ~red for compliance with paragraph (a) hereof, the 468port. . 391 OwneIS shall not be required to establish or maintain financial 469

(vi) A fully executed copy of the Charter Party. 392 security or responsQiity in respect of oil or other poIhJtion damage to 470(e) The CharterelS may deduct from any balance payable IKKJer (d) 393 enable the Vessel lawlullytoenter, remain in or leave any port, place, 471aboYeasuffK:ientannJntassecurityfordutyparticul8.risedclaimsagainst 394 territorial or contiguous _telS of any country, state or territory in 472the Owners for loss of or damage to cargo which shall have been 395 perfOfTnance of this Charter Party. 473established 00 cischarge, but only insofar as the P & I CkJb sleted in 396 (II) theCharterersshalllldemnifytheOwnelSandhoidthemhannlessWl 474ScheduIeAshallhavefailedtoprovideaLetterofUndertalsingtorneetany 397 respect of any loss, damage, liability or expense (including but not 475proper liability of the 0Nne1S for such d~ within 48 houIS of a l1!Quest 398 limited to the costs of any delay incufTed by the Vessel as a resull of 476from the Charterers for such CkIb Letter of Undertaking, which request 399 any faiure by the CharterelS promptly to give alternative voyage 477shal also particularise the alleged claims as above and shal incicate the 400 ordelS) whatsoever and howsoever arising which Owners may 478total amount of the security required. 401 sustain by reason of any requirement to establish or maintain 479(f) The freight and other sums due to the Owners shall be paid k1 the 402 financial security or responsibility WI order to enter, remain in or leave 480currency am in the manner stated in Box 19. 403 any port, place or waters, other than to the extent provided in 481

paragraph (a) hereof. 482

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PART II"Worldfood 99" Charter Party

freight on the cargo delivered at the substituted port to be increased In 564proportion. 565(c) Except fOr the obligations descri>ed above. neither the Charterers nor 566the ONners shall be responsible fOr the consequences of any strikes or 567lock-outs Pfeventing or affecting the actual loading or disdlarging of the 568cargo. 569

(III) the Owners shaH not be liable for any loss, damage, liabiily 01' 483

expense wt\atsoever aoo howsoever arising whictl the Charterers 484and/OI' the holders of any cargo ~ipt(s) issued pursuant to this 485Charter Party may sustain by reason of any requirement to establish 486or maintain financial security 01' responsibility in order to enter, remain 487in 01' leave any port. place or waters, other than to the extent provided 488in paragraph (a) hereof 489

34. Ice 57030, ISM CI8UM 490 Loading POtt 571

Fran 1ha dale of ooming into force of the International Safety Management 491 (a) BetoI8 Vessel's anival.1f the Vessel cannot reach the loading port by 572(ISM) Code in relation to the Vessel and thereafter during the currency of 492 reason of ice when she is ready to PfOCe8d from her last port, 01' at any time 573this Charter Party, the Owners shall procure that both the Vessel aoo"the 493 durWIg the voyage, 01' on her arrival, or if frost sets in after her arrival, the 574Company" (as defined by the ISM Code) 5haI comply with the 494 Master-forfearoftheVesselbeingfrozenin-isatlibertytoleavewithout 575requirements of the ISM Code. Upon request the Owners shall provide a 495 cargo: in such cases tf8 Ctlarter Party shaA be null and void. 576~ of the reklYant Document of ~ia~ (DOC) and Safety 496 (b) During Ioacfng. " during loading the Master, for fear of Vessel being 577Management Certificate (SMC) to the Charterers. 497 frozen in, deems it advisable to leave, he has liberty to do so with what 578EXcept as otherwise provided 11 this Charter Party, loss, damage, 498 cargo he has on board and to proceed to any other port with option of 579expense 01' delay caused by failure on the part of the Owners or"the 499 completing cargo for the Owners' own aa:ount to any port or ports 580Company" 10 comply with the ISM Code shall be for the Owners' account. 500 including the port of di5d1arge. Any part cargo thus loaded under this 581

Charter Party to be forwarded to its destination al Vessel's expense 58231. 80th to Blame Collision Clause 501 against payment of the fl8ig,t at the rate agreed in Box 18, on quantity 583

If the Vessel comes into collision with another vessel as a result of the 502 delveredCmproportionifhlmpsum),allothercondtionsaspertheCharter 584negligence of the other vesset aM any act, ~ or default of the 503 Party. 585Master, mariner, pi~, or the servants of the Owners in the navigation or in 504 (c) Loading at more Ihan one port -In case of more than one loading port, 586the management of the Vesse!, the owners of the cargo carried hereunder 505 and if one or more of the POI1S are closed by ice. the Master 01' the Owners 587wi. indemnify the Owners against all k)58 or iabiiIy to the other or non- 506 to be at liberty either to load the part cargo at the open port and fill up 588carrying vessel or her owners Insofar as such loss or Ability represents 507 etsewhera for the Owners' own account as under U-clause (b) or to ~loss of, 01' damage to, 01' any claim whatsoever of the owners of the said 508 declare the Charter Party wi aM void unless the Charterers agree to load 590cargo, paid 01' payable by the other or non-carrying vessel or her owners 509 full cargo at the open POft. 591to the owners of said cargo and set-oll,l8OOUpedorreoovel8dbytheolher 510 Voyage and Dischalping PoIt 592or non-Qrrying vessel or her owners as part of 1heir daim against the 51f (d) 8efote Vesse/'sarrivaJ- Shou~ ice prevent the Vesseltrom readling 593carrying Vessel or Owners. 512 the port of discharge, the Charterers shall have the ~ of keeping the 594The foregoing provisions shall also apply whel81ha owners, operators 01' 513 V-' waiting until the Ie-OPefWng of navigatk>n and paying demurrage, 01' 595ttKIse in charge of any vessel or vessels 01' objects other than, or in addition 514 of ordering the Vessel to a safe and immediately aIx;eSsibIe port where she ~to, the ooIiding vessets or objects are at fault in respect of a collision 01' 515 can safely discharge without risk of detention by ice. Such orders to be 597contact. 516 given within 48 hours after the Owners or Master have !J'ven notice to the 598

Charterers of impossibility of readling port of destination. 59932. G«reraIA~8Id"-Je8onClau.. 517 (e) Duling dlsdIaIgifIg - If during discharging the Master, for fear of 600

General average shall be a~usted in London accortfing to Vofk-Antwefp 518 Vessel being frozen in, deems it advisable to leave, he has liberty to do so 601RIEs 1994 and any subsequent modification thereof. 519 ~ what cargo he has 00 board and to pftK:eed to the nearest safe aoo 602

"generaiaverageistobeadjuSledin~rda~withtheIBWandpractice 520 acx;es5i1I8 port. Such port to be nominated by Charterers as soon as 603of the United States of America, the following clause shall~: "In the 521 possible, but not later than 24 runn~ ~, Sundays and holidays 604event of accident. danger, damage 01' Ii585ter before or after the 522 excluded, of receipt of Owners' request for nomination of a substitute 605conmencement of the voyage, resu~ from any cause whatsoever, 523 cischarging port, faiq whd1 the Master win himsen choo6e 6tdI port. 606whether due to n8r;igence or not, for which, or for the ~ of 524 (t) DischalDirlg at &4JSIitIJIe port-On delivefY of the cargo at such port, 607which, the Owners are not responsible, by statute, contract or otherwise, 525 aM condi1k)ns of this Charter Party aoo of the Cargo R~ shal apply and 608the cargo shippers, consignees or the owners of the cargo shall conlribute 526 the Owners shall receive the same freight as if the Vessel had discharged 609with the Owners in general average to the payment of any sacrifices, 527 at the original port of des.-latk>n except that if the distarx:e to the substitute 610kJS5e8 01' expenses of a general average nature that may be made or 526 port exceeds 100 nautical niles, the freight on the cargo deivered at that 611incurred and shall pay salvage and special charges incurred 11 respect of 529 port to be increased in proportion. 612cargo. If a salving vessel is owned 01' operated by the Owners. salvage 530shaM be paid for as fully as if the said salving vessel or vessels bekInged 53t 35. We, Risks 61310 strangers. Such deposit as the OwnefS, 01' their agents, may deefn 532 (e) For the purpose of tf8 Clause, the words: 614sutfiQent to ooverthe estimated oontrbIIion of the goods aM any salvage 533 (I) "Owners" shaJ inckJde the shipownefS, bareboat chanerers, 615aM special ch8tge8 thereon shal, if requWed, be made by the cargo, 534 disponent owners, managers or other operators who are charged 616sh~rs, 0CInSiw- or owners of the goods to the Owners before 535 with the management of the Vessel, aM the Master; and 617delivery". 536 (II) "War Risks" shall include any war (whether actual 01' threatened), act 618

of war, civil war, hostiities, revolution, rebellion, civil commotion, 61933. ~ 537 warlike ~, the laying of mines (whether actual or reported), 620

(e) If there is a strike or kxk-out affectb1g or preventing the actual loading 538 acts of piracy. acts of tefforis1S. acts of hostility or malcious damage, 621of the cargo, or any part of it, when the Vessel is ready to proceed fran her 539 blockades (whether imposed against all vessets or imposed 622last port or at any time during the voyage 10 the port 01' ports of Ioadng or 540 selectively against vessels of certain flags or ownership, or against 623alter her arrival there, the Master or the 0wnefS may ask the Charterers to 541 certak1 cargoes or crews 01' otherwise ~r), by any person, 624declare, that they agree to reckon the laydaYS as if 1here _re no stlile or 542 body, terrorist 01' political group, or the Government of any state 625Iock-out. Unless the Charterers have !Pven such declara~ in writing (by 543 whatsoever, whictl, in the reasonable judgement of the Master and/OI' 626telegram. if necessary) within 24 hours, the Owners shall have the option 544 the Owners, may be dangerous or are likely to be or 10 become 627of cancelling this Charter Party. If part cargo has already been loaded, the 545 dangerous to the Vessel, her cargo, ~ or other persons on board 628

Ownersmustproceedwithsame,(freightpayableonloadedquantityonly) 548 the Vessel. 629having liberty to complete with other cargo on the way lor their own 547 (b) If at any time before the Vessel commances Ioacing, i1 appears that, 630account. 548 11 the reasorIabIe judgement of the Master and/or the Owners, 631(b) If there is a strike or klCk-oot affecting 01' preventing the actual 549 petfoRnaOOe of the Charter Party, or any part of It, may expose, or is Mkety 632cischarging of the cargo on or after tha Vessel's arrival at or off port of 550 to expose, the Vessel, her cargo, crew or other persons on board the 633discharge and same has not been ~ttIed within 48 hours, the Charterers 551 Vassel to War Risks, the Owners may give notice to the Charterers 634

shallhavetheoptionofkeepingtheVesselwaitinguntilsuchstrikeorlock- 552 canceling this Chaner Party, or may refuse to perform such pan of it as 635out is at an eoo against paying half demurrage after expiration of the time 553 may expose, or may be ikeIy to expose, the Vessel, her cargo, crew or 636p~ed for discharging until the strike or klCk-out termin8tes and 554 other persons on board the Vessel to War Risks: provided always that if 637thereafter full demurrage shall be payable until the completion of 555 this Charter Party provides that loading 01' cischarging is to take place 636discharg81g, or of ordering the Vessel to a safe port where she can safely 556 within a range of ports, aM at the port or ports nominated by the 639discharge without risk of being detained by stlile or fock-out. Such orders 557 Charterers the Vessel. her cargo, crew, or other persons o~rd the 640to be ~ within 48 hours after the Master or the Owners have given 558 Vessel may be exP9Sed, or may be likely to be exposed, to War Risks, the 641notice to the Charterers of the strite or Iock-out affecting the discharge. 559 Owners shall first require the Charterers 10 nominate any other safe port 642

On delivery of tha cargo at such port, all concfitions of this Charter Party 560 whictllies within the range for Ioa(ing or discharging, and may only cancel 643aoo of the Cargo Receipt shall ~ and the Vessel shall receive the same 561 this Chaner Party if the Charterers shal not have non»nated such safe port 644freight as if she had discharged at the original port of destination, except 582 or ports within 48 hours of receipt of

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voyage. or to sign Bills of Lading for any pOft or place. or to proceed or 647 mentioned in Box 20. 729continue on any voyage, or on any part thereof, or to proceed through any 648 In case of non-execution at least 1/3 of the brokerage on the estimated 730

canal or waterway, or to proceed to or remain at any pOft or place 649 amount of freight and dead ffe9't to be paid by the party responsible for 731

whatsoever. where ~ appears. e~r after the loading of ItIe cargo 6~ suctI non-executkJrl to ItIe Brokers as indem'*Y for the latter's expenses 732commences, or at any stage of the voyage ItIereafter before ItIe discharge 651 and work. In case of more voyages the amount of Indemnity to be mutuaNy 733of the cargo is completed. that, in the reasorlable judgement of the Master 652 agreed. 734and/or ItIe Owners. the Vessel. her cargo (or any part thereof), crew or 653other persons on boaro ItIe Vessel (or anyone or more of them) may be, 654 39. Force Maleure 735or are Ikely to be, exposed to War Risks. If it should so appear. the 655 NeithertheOwnersnortheCharterersShall.exceptasott\erwiseprovided 736Owners may by notk:e request the Chartef'8fS to nommate a safe pOft for 656 k1 this Charter Party, be responsible for any loss. damage, delay or fa1k1re 737the cischarge of the cargo or any part thereof, and it withk148 hours of the 657 in performance hereunder arising or resulting fn)m act of God, act of war, 738receipt of s\dI notice, the Charterers shall not have nominated such a 658 seizure under legal process; quarantine restrictions; st~es; boycotts; 739port, the Owners may clscharge the cargo at any safe pOft of their choice 659 lockouts; riots. civil commotions and arrest or restraint of princes, Mers or 740(including the port of kIacing) in complete fulfilment of the Charter Party. 660 people. 741The Owners shaH be entitled to recover from the Charterers the extra 66texpenses of s\dI discharge and, if the discharge takes place at any port 662 40. Carriage of Unlawful SIm&t8- 01' Merchandi.. 742OCher than the loading port, to receive the full freight as though the cargo 663 (a) The Owners warrent that they will exercise due diligence in Pf8ven\ing 743

had been carried to the discharging pOft and it the extra distance exceeds 664 unmanifested narcotic drugs, similar substances or unlawful merchandse 744100 nVIes, to ~ freight which shall be the same percentage of the 665 to be loaded or concealed on board the Vessel. 745freight contracted for as the percentage which the extra distance 666 (b) Non-compliance with the proy;$ions of sub-clause (a) above shaN 746represents to the distance of the nannal and customary route, the Owners 667 amount to breach of warranty for the consequences of which the Owners 747having a lien on the cargo for such expenses and freight. 668 shall be liable for aH time lost and all expenses incurred and shaH keep the 748(d) if at any stage of the ~ge after the loading of the cargo 669 CharterersindelMifiedagainstallciaimswhats0eY8rwhichmayartseand 749commences, It appears that, in the reasonable ~~ of the Master 670 be made against them as a consequence thereof. 7~and/or the Owners, the Vessel, her cargo, c~ or other persons on board 671 (c) The Owners shall also be liable for all time lost and all expenses 751the Vessel may be, or are likely to be. exposed to War Risks on any part 672 incurred ., the event unmanitested drugs. similar substances or unlawful 752of 1he route (including any canal or wa1erway) which is normaly and 673 merchandise are found In the possession, or among the effects, of the 753customarily used in a voyage of the nature contracted for, and there is 674 V esser s persomef. 754another longer route to the discharging poIt. the Owners shall give notice 675 (d) If at any lime before the Vessel is loaded. the Vessel is detained as a 755to the Charterers ttlat this route will be taken. In this event the Ownefs 676 result of unmarlitested nan:otic drugs. similar substances or unlawful 756

shall be entitled, if the total extra cistance exceeds 100 mHes, to additional 677 merchandise being detected on board the Vessel. the Charterers. if such 757

freight ~ shall be the same percentage of the freight corrtracted for as 678 detention lasts for more than seventy two rumng hours. shal have the 758the percentage which the extra distance represents to the cistance of the 679 right to cancel this Charter Party provided such ri!1It is exercised latest 24 759normal and customary route. ~ hours after the expiry of the seventy two running ~. The Chartere~' 760(e) The Vessel shall have Il>erty: 661 right to cancel this Charter Party in aaXJrdance with this sub-clause (d) 76t(I) to comply with all orders, difeclions, recommendations or advice as to 682 shall not affect their right to claim damages. 762

departure, arrival, routes, sailng in convoy, ports of~, stoppages, 663destinations, discharge of cargo. delivery or k1 any way whatsoever 684 41. TRIe to Cargo Ci8uae 763~h are given by the GoverMlent of the Nation under whose flag 685 It is mutualy accepted and agreed that this Charter Party is made betweer1 764the Vessel sail$, or other Govemment to whose laws the Owners are 686 the Vessel's Owners as specified in Part I of this Charter Party (Box 4) and 765subject. or any other Government wtlich so ~res. or any body or 667 the United NatIons World Food Progranvne as Charterers and that the 786

group8dWlgwlththepowerto~compIiancewiththeirordersor 688 latter have full riglts to claim and receive substantial and not merely 787cIrectIons; 689 nominal damages tor any damage to and/or loss of cargo carried \KwJer 786

(II) to compty with the oIdefS. directions or recommendations of any war 690 ~ Charter Party and/or under any Cargo Receipt(s) issued pursuant to 769risks underwriters who have the authority to give the same under the 691 this Charter Party and/or any claim arising out of this Charter Party and/or 770terms of the war risks insurar.:e; 692 any non-negotiable Cargo Recelpt(s) issued pursuant to this Charter 771

(iil) to comply with the terms of any ~n of the Security Council of 693 Party. mthe United Nations, any difectives of the European Community. the 694effective orders of any other Supranational body ~ has the right 695 42. Fumigation mto issue and give the same, and with national laws aimed at enforcing 696 The Charterers shall have the right to fumigate cargo on boaro after 774the same to which the Owners are subject. and to obey the orders and 697 completion of loading, prior to Of during discharging at Charterel$'time, 775directions of those who are charged with their enforcement; 698 risk and expense. 776

(Iv) to discharge at any OCher poIt any cargo or part thereof which may 699 Costs of crew accommodation ashore, it required by local authorities, shaI mrender the Vessel ~ to confiscation as a contraband carrier; 700 be paid by the Chartere~. 778

(v) to call at any other pOft to change the c~ or any part thereof or other 701

persons on boaro the Vessel when ttlere is reason to believe that they 702 43. ~ and Arbttr8tIon 779may be subject to internment, Imprisonment or other sandions; 703 ms Charter Party shall be governed by and construed in aocordance with 780

(vf) where cargo has not '-' loaded Of has beerI discharged by the 704 Engishlawandanydisputeal1singoutoforinconnectionwith~Charter 781Owners under any provisions of this Clause, to load other cargo for 705 Party shall be referred to arbitration In London 11 accoroance with the 782

the Owners' own benefit and carry it to any other port or ports 706 Arbitration Act 1996 or any statutory nmfiC8IiorI or re-enactment thereof 783wha'-Ver, wtIether backwards or forwards or in a contrary direction 707 save to the extent necessary to give efIacI to the proviSQIS of this Clause. 784to the orolnary or customary route. 708 The arbitration shall be conducted In acooIdance with the london Maritime 785

(f) II in compliance with any of the provisions of sub-clauses (b) to (e) 01 709 Atbitrators Association (LMAA) terms current at the lime when the 786this Clause anything is done or not dor1e, such shall not be deemed to be 7tO arbitration proceedings are commenced. 787a deviation. but shall be cons«Jered as due fulfilment of the Charter Party. 7t 1 The reference shall be to three arbitrators. A party wislWng to refer a 766

dispute to arbitration shall appoint its arbitrator and send notice of such 78936. W. Risk P.-mklm 712 appointment in writing to the other party requiring the other party to appoint 790

War Risk premium for the Vessel andIorcrew shaU be paid by the Owners. 713 its own arbitrator within 14 calendar days of that notk:e and stating that it 791Any Increase or decrease In the premium after the date of fixture shaH be 714 wi. appoint Its arbitrator as sole arbitrator unless the other party ~ts 792for the Charterers' account or benefit, whichever the case may be. In any 715 its own arbitrator and gives notice that it has done so within the 14 days 793case, the increase shall not be any more. or the decrease any less. than 716 specified. If the other party does not appoint its own arbitrator and give 794that oIXaInabIe at the rplevant time on the london market. 7t7 notk:e that it has done so within the 14 days specified, the party referring 795

a dispute to arbitration may. without the requirement of any further prior 79637. Agency 7t8 notk:e to the other party, appoint its arbitrator as sole arbitrator and shal 797

The Owners are to appoint the Charterers' nominated agent(s) with the 7t9 advise the other perty accordingly. The a-ro of a sole arbitrator shall be 798Owners paying the customary fee except in ports where national agency 720 binding on both parties as if he had been appointed by agreement. 799

compa.-s are the only licenced agents In the latter case, agents are to 721 Nothing herein shal prevent the parties agreeing in writing to vary these 800be nomklated and appointed by the Owners. This additional provision witl 722 provisions to provide for the appointment of a sole arbitrator. ~1apply in aH countries where applicable, except in China, Vietnam. 723 In cases where neither the claim nor any counterclaim exoeedsthe sum of ~2Cambodia. DPRK and Burma where the Charterers shall nominate agents 724 USD50.000 (or such other sum as the parties may agree) the arbitration ~3as

38. BIok8f8ge 726A broke~ commission at the rate stated in Box 20 on the freight. dead 727freight and demurrage eamed and ~id is. due to the party or parties 728