code word for this charter party -...
TRANSCRIPT
Code word for this Charter Party Time Charter Party
“SHELLTIME 3”
Issued June 1963 Mumbai, 20Amended March 1972
It is this day agreed between Of ( hereinafter referred to as “Owners”) being Owners of the 1
Good tank vessel called (Particulars of vessel as per attached Form C) 2 (hereinafter referred to as “the vessel”) described as per clause 24 hereof and 3
HINDUSTAN PETROLEUM CORPORATION LTD., 17 Jamshedji Tata Road, Mumbai 400020of MUMBAI of (hereinafter referred to as “Charterers”) 4
Description 1. Owners guarantee that at the date of delivery of the vessel under this charter 5of Vessel
(a) she shall be classed 6 (b) she shall be in every way fitted for burning marine diesel oil or fuel oil with a maximum 7
380 CST upto S.G.0.970 PL.SEE CL. 56(C) viscosity at 3500 seconds Redwood 1 at 100 degrees F. in main motors and any commercial 8
grade of fuel oil under boilers; and 9 cooling
(c ) she shall be fully equipped and capable at all times of heating and maintaining cargo at a tem- 10 perature of at least 0 F / -5 0 C or the temperature required for relevant cargo 11
Condition 2. Owners shall, before and at the date of delivery of the vessel under this charter, exercise due 12of Vessel diligence to make the vessel 13
(a) in every way fit to carry crude petroleum and/or its products; and minimum 39000 MT +/- 10% (Loadable approx._____________ MT depending upon density / temp) Propana / Butane or full Butane- Propane 40 to 42% and Butane 58 to 60% or full (100%) Butane. The vessel should be able to preheat the cargo of both Propane and Butane so that parameters of 3 deg C temperature and 8 kg/sqcm pressure is available at the ship manifold.
(b) tight, staunch, strong, in good order and condition, in every way fit for the service, with her 15
machinery, boilers and hull in such a state as to obtain the most economic working and with 16 a full and efficient complement of master, officers and crew for a vessel of her tonnage. 17
Owners undertake that throughout the period of service under this charter they will, whenever the 18passage of time, wear and tear or any event (whether coming within clause 28 hereof of not) required steps 19to be taken to maintain the vessel as stipulated in clause 1 hereof and in this clause or to restore the vessel 20to such condition, exercise due diligence to maintain or restore the vessel as aforesaid, and that they will 21comply with the regulations in force so as to enable the vessel to past through the Suez and Panama Canals by 22day and night without delay. 23
Period and 3. Owners agree to let and Charterers agree to hire the vessel for a period of 1 year + 1 year at Trading Limits choption with +/- 15 days only for last period of choption commencing from the time and date of delivery of the
vessel, for the purpose of carrying all lawful merchandise including in particular 45000 MT +/- 10% (LOADABLE APPROX. ________ MT DEPENDING UPON DENSITY/TEMP)
PROPANE/BUTANE OR FULL BUTANE – PROPANE 40 TO 42% AND BUTANE 58 TO 60% OR FULL (100%) BUTANE.
ALWAYS WITHIN IWL (SEE CL. 65)in any part of the world as Charterers shall direct, subject to the limits of the current British Institute 27warranties and any subsequent amendments thereof, it being understood that Charterers shall not send the 28Vessel to ice-bound waters without Owners’ consent but such consent shall not be unreasonably withheld. 29
Charterers shall exercise due diligence to ensure that the vessel is only employed between and at 30Safe ports, places, berths, docks, anchorages and submarine lines where she can always lie safely afloat, but 31notwithstanding anything contained in this or any other clause of this charter, Charterers shall not be 32deemed to warrant the safety of any port, place, berth, dock, anchorage or submarine line and shall be 33
under no liability in respect thereof except for loss or damage caused by their failure to exercise due diligence 34
as aforesaid. Subject as above, the vessel shall be loaded and discharged in any dock or at any wharf or place 35or anchorage or submarine line or alongside lighters or other vessels as Charterers may direct. 36
The vessel shall be delivered by Owners at 1SP________________ AT CHOPTION AFTER CUSTOMARY DAY LIGHT INSPECTION AND ON HIRE BUNKER SURVEY IS OVER TO BE DELIVERED IN READY CONDITION TO LOAD LPG / PROPANE / BUTANE and redelivered to Owners AT ____________________ AT CHARTERERS’ OPTION AFTER BUNKER SURVEY, TIME AND COST FOR WHICH SHALL BE ON CHARTERERS’ ACCOUNT. THE TIME AND COST OF CONVERSION OR REVERSION, AS THE CASE MAY BE, AFTER RE-DELIVERY OF THE VESSEL WILL BE ON OWNER’S ACCOUNT
Laydays/ 4. The vessel shall not be delivered to Charterers before 40Cancelling and Charterers shall have the option of canceling this charter if the vessel is not ready and at their disposal 41
on or before 42 Owners to 5. Owners undertake to provide and to pay for all provisions, wages and shipping and discharging 43Provide fees and all other expenses of the master, officers and crew; also, except as provided in clauses 34 and 35 44
Hereof, to pay for all insurance on the vessel including cover for P and I Pollution Risk, for all deck, cabin and engine-room stores, and water, except Water for the boilers which (unless the vessel is off-hire) is to be supplied and paid for by Charterers; and for all fumigation expenses and deratisation exemption certificates. Owners obligations under this clause extend to cover all liability for customs or import duties arising at any time during the performance of this charter in relation to the personal effects of the master, officers and crew, and in relation to the stores, provisions and other matters aforesaid which Owners are to provide and/or pay for and Owners shall refund to Charterers any sums they or their agents may have paid or been compelled to pay in respect of such liability. Any amounts allowable in general average for wages and provisions and stores shall be credited to Charterers insofar as such amounts are in respect of a period when the vessel is on hire.
Charters to 6. Charterers shall provide and pay for all fuel (except galley fuel), towage and pilotage and shall 54provide pay agency fees, port charges, commissions, expenses of loading and unloading cargoes, canal dues and all 55
charges other than those payable by Owners in accordance with the preceding clause hereof, provided that 56all charges for the said items shall be paid by Owners when incurred for Owners’ purposes, whether the 57vessel is on hire or off-hire. The foregoing provision as to fuel shall not apply to any fuel used in connection 58with a general average sacrifice or expenditure or with the preparation for an the drydocking or repair of the 59vessel which shall in any event be paid for by Owners. THE ENTIRE FUEL CONSUMPTION 60
AND FRESH WATER FOR CREW ETC. DURING OFF –HIRE PERIOD IF ANY, SHALL BE BORNE BY THE OWNERS.
Rate of Hire 7. Subject as herein provided Charterers shall pay for all the use and hire of the vessel at the rate of 61Per ton
of 20 cwts. on the vessel’s total deadweight on 62 Summer freeboard, as assigned at the date hereof 63
DAY per calendar month, commencing at and from the time and date of her delivery as aforesaid, and pro rata for 64any part of a month, and continuing until the time and date of her redelivery to Owners, after necessary off-hire survey. 65
Payment of 8. Payment of the said hire shall be made in London monthly India every calaneder month in Hire advance less:
(a) any amounts disbursed or for which intimation has been received from Owners for disbursement(b) Hire paid or expenses incurred by Charterers relating to off-hire periods for which Charterers will give intimation on Fax/Email.(c) Charterers performance claim pertaining to the last quarter of the charter period, shall in first instance be settled in accordance with Charterers estimate made 30 days before the end of the charter period. Necessary adjustment if any, shall be made within 90 days of such deduction by payment by the owners to the
Charterers or by the Charterers to the Owners, as the case may be.(d) Charter Hire for Off-Hire periods during the month in question.(e) Tax to be Deducted at Source (TDS), educational cess and/or any other statutory deductions, if applicable.
8.1 From the payment of charter hire for the final month of the charter period, Charterers are authorized to deduct cost of bunkers estimated to be on board on redelivery and any amount disbursed on Owners’ behalf and performance claim equivalent to a maximum of 5 days charter hire amount.
Space 9. The whole reach, burthen and decks of the vessel and its passenger accommodation (which shall 73Available to be deemed to include Owners suite), if any, shall be at Charterers’ disposal, reserving only proper and sufficient 74Charterers space for the vessel’s master, officers, crew, tackle, apparel, furniture, provisions and stores, provided 75
that the weight of stores on board shall not, unless specially agreed, exceed 300 tons at any one time 76during the period of the charter. The vessel shall load and discharge cargo as rapidly as possible by night 77as well as by day when required by Charterers or their agents to do so. Charterers may consistently with 78the safety of the vessel remove any stanchion and ladders, which shall, if required, be replaced by them 79
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before redelivery at their own expenses and to the satisfaction of Owners’ surveyor. 80
Duties of 10. The master shall prosecute his voyages with the utmost despatch and shall render all reasonable 81Master assistance with the vessel’s officers and crew and equipment, overtime pay of the master, officers and 82
crew in accordance with ship’s articles being at Charterers’ expense when incurred as a result of complying 83with the request of Charterers or their agents. Owners’ 84
Instructions 11. The master shall be furnished by Charterers from time to time with all requisite instructions and 85and Logs sailing directions, and shall keep a full and correct log of the voyage or voyages, which shall be open to 86
inspection by Charterers or their agents as required. The master shall furnish Charterers or their agents 87when required to do so with a true copy of such log and with properly completed loading and discharging 88port sheets and voyage reports for each voyage and other returns as Charterers may require. Charterers 89 shall be entitled to take copies at Owners’ expenses of any of such documents as are not provided by the 90master.
Owners to submit deck log abstracts and engine log abstracts in the format prescribed by the Charterers for all completed voyages within 15 days of completion of voyage, failing which Charteres shall not release subsequent charter hire payment(s) till receipt of the logs.
Statement of fact for sea passage in the format prescribed by Charterers to be duly filled by the Master of the vessel and to be handed over to the Charterers representative (Boarding Officer) on arrival at the port. A copy of the same to be faxed / emailed to the Chartrerers by the Owners after sailing of the vessel from the port.
Conduct of 12. If Charterers shall complain of the conduct of the master or any of the officers, Owners and 92Vessel’s Charterers jointly shall immediately investigate the complaint, and if the complaint prove to be well 93Personnel founded, Owners shall, without delay, make a change in the appointments. 94
Bills of 13. The master ( although appointed by Owners ) shall be under the orders and direction of 95Lading Charterers as regards employment of the vessel, agency or other arrangements. Bills of lading are to be 96
signed at any rate of freight Charterers or their agents may direct, without prejudice to this Charter, the 97master attending as necessary at the offices of Charterers or their agents to do so. Charterers hereby 98indemnify Owners against all consequences or liabilities that may arise from the master, Charterers or 99their agents signing bills of lading or other documents, or from the master otherwise complying with 100
Charterers’ or their agents orders, as well as from any irregularities in papers supplied by Charterers or 101 their agents. The said indemnity shall not extend to any consequences or liabilities or apply to any loss 102or damage arising from orders to proceed to, enter, remain in or at, depart from or shift berth in or at 103any port, place, berth, dock, anchorage or submarine line, other than consequences or liabilities or loss 104or damage resulting from or caused by failure to exercise due diligence as required by clause 3 hereof. 105
The master shall authorize charterers or their agents to sign bills of lading on his behalf If required to do so.
Stowage Stevedores when required shall be employed and paid by Charterers, but this shall not relive Owners 106from responsibility at all times for proper stowage, which must be controlled by the master, who shall 107keep a strict account of all cargo loaded and discharged. Owners hereby indemnify Charterers, their servants 108and agents, against all losses, claims, responsibilities and liabilities arising in any way whatsoever 109from the employment of pilots, tugboats or stevedores who although employed by Charterers shall be 110deemed to be the servants and in the service of Owners and under their instructions, but such indemnity 111shall not exceed the amount to which the Owners would have been entitled to limit their liability if they 112had themselves employed such pilots, tugboats and stevedores. 113
Bunkers at 14. Charterers shall accept and pay for all bunker oil and boiler water on board at the time of 114Delivery and delivery, and Owners shall, on the expiry of this charter, pay for all bunker oil and boiler water then 115Redelivery WAG remaining on board at current coastal duty paid prices prevailing at the delivery/redelivery the respective
ports. Owners shall give Charterers the use 116and benefit of any fuel contract they may have in force, at home and/or abroad, if so required by 117Charterers, provided suppliers agree. 118
persons nominated by charterers in connection with cargo operation, provided vessel’s certified accommodation and life boat capacity permits
Passengers 15. Charterers may send passengers in the vessel’s available accommodation upon any voyage made 119under this charter, Owners finding provisions and all requisites as supplied to officers, except liquors, 120Charterers paying at the rate of per day for each passenger while on board the vessel. 121
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Sub-let 16. Charterers may sub-let the vessel, but shall always remain responsible to Owners for the due 122
fulfillment of this charter. 123
Infected 17. Owners shall be liable for any delay in quarantine arising from the master, officers or crew 124Area and having communication with the shore at any infected area without the written consent or instructions of 125Infraction Charterers or their agents, also for any loss of time through detention by customs or other authorities
126of Local Law caused by smuggling or other infraction of local law on the part of the master, officers or crew. 127
Final 18. Should the vessel be on her voyage towards the port of redelivery at the time a payment of hire 128 Voyage is due, payment of hire shall be made for such length of time as Owners and Charterers may agree upon 129
as being the estimated time necessary to complete the voyage, less any disbursements made or expected to 130be made or expenses incurred or expected to be incurred by Charterers for Owners’ account and less the 131estimated value of bunker fuel remaining at the termination of the voyage, and when the vessel is 132redelivered any overpayment shall be refunded by Owners or underpayment paid by Charterers. Not- 133withstanding the provisions of clause 3 hereof, should the vessel be upon a voyage at the expiry of the 134period of this charter, Charterers shall have the use of the vessel at the same rate and conditions for such 135extended time as may be necessary for the completion of the round voyage on which she is engaged and 136her return to a port of redelivery as provided by this charter.
137
Loss of 19. Should the vessel be lost, hire shall cease at noon on the day of her loss and, should the vessel 138 Vessel be missing, hire shall cease at noon on the day on which she was last heard of, and any hire paid in 139
advance and not earned shall be returned to Charterers. 140
If the vessel is missing at the time when hire becomes payable, payment of the said hire shall be suspended until safety is ascertained.
Laying-up 20. Charterers shall have the option of laying up the vessel, in which case the hire provided for 141 under this charter shall be reduced by the amount by which Owners can reasonably reduce the expenditure 142otherwise falling upon them under this Charter. 143
Off-Hire 21. In the event of loss of time (whether arising from interruption in the performance of the vessel’s 144service or from reduction in the speed of the performance thereof or in any other manner) 145
(i) due to deficiency of personnel or stores, repairs, breakdown (whether partial or otherwise) of 146 machinery or boilers, collision or stranding or accident or damage to the vessel or any other 147 cause preventing the efficient working of the vessel; or 148
(ii) due to strikes, refusal to sail, breach of orders or neglect of duty on the part of the master, 149 officers or crew; or 150
(iii) for the purpose of obtaining medical advice or treatment for or landing any sick or injured 151 person (other than a passenger carried under clause 15 hereof) or for the purpose of landing 152 the body of any person (other than such a passenger); 153
PERSON
hire shall cease to be due or payable from the commencement of such loss of time until the vessel is again 154ready and in an efficient state to resume her service from a position not less favourable to Charterers 155than that at which such loss of time commenced. 156
Any such loss of time which arises wholly or partly from a reduction in the vessel’s guaranteed 157
average speed provided in clause 24 hereof shall be taken to be the difference between the time the vessel 158 would require to perform the relevant service at the said speed and the time actually taken to perform the 159same and such loss of time shall be added to any loss of time arising from interruption in the performance 160of the vessel’s service. 161
Further and without prejudice to the foregoing, in the event of the vessel deviating (which expression 162
includes putting back, or putting into any port other than that to which she is bound under the instructions 163
of Charterers) for any cause or for any purpose previously mentioned in this clause, no hire shall in 164 any case be payable as from the commencement of such deviation until the time when the vessel is again 165ready and in an efficient state to resume her service from a position not less favourable to Charterers 166than that at which the deviation commenced. 167
In the event of the vessel, for any cause or for any purpose previously mentioned in this clause, 168putting into any port other than the port to which she is bound on the instructions of Charterers, the port 169charges, pilotage and other expenses at such port shall be borne by Owners. Should the vessel be driven 170
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into port or any anchorage by stress of weather hire shall continue to be due and payable during any loss 171of time caused thereby. 172
In the event of detention of the vessel by authorities at home or abroad in consequence of legal action 173against Owners (unless brought about by the act or neglect of Charterers), whereby the vessel is rendered
unavailable for Charterers’ service, the vessel shall be off-hire until the service can again be resumed. 175
If the nation to which the vessel belongs becomes engaged in hostilities, hire and all other charges shall cease during the continuance of such hostilities if Charterers in consequence of such hostilities find it 177 impossible to employ the vessel and in that event Owners shall have the right to employ the
vessel on 178 their own account. 179
All drydock charges shall be at Owners’ expense. Time lost by the vessel gasfreeing for repairs and in and waiting her turn to enter drydock shall, irrespective of duration, count as off-hire. 181
Any loss of time during which the vessel is off-hire as provided in this and the succeeding clause shall 182count as part of charter period.
Periodical (a) Owners undertake that between twelve to thirty months after the vessel was last dry-docked and at the expiry thereafter Drydocking & of such between twelve to thirty months of continuous use under the Charter they will put the vessel in dry-dock and clean planned repairs and paint her bottom at their expense as soon thereafter as Charterers place the vessel at owners’ disposal, free of cargo at a
port at Charterers’ option.
(b) Owners shall propose to Charterers a date on which they wish to dry-dock the vessel/undertake repairs on the vessel not less than one month before such date. Charterers shall endeavor to release the vessel for planned repairs/dry-dock around the date indicated by the Owners at a port convenient to Charterers.
(c) Owners are prohibited to carry any cargo while proceeding towards dry dock or while returning from dry dock, without Charterer’s permission.
(d) During planned repairs/dry dock, the vessel shall be treated as off-hire and such off-hire will start from hose disconnection at port of release till tendering of NOR by Master of vessel at Outer Anchorage of an Indian / Foreign port at Charterers’ option where the vessel is intended to be taken over by the Charterers.
(e) Without prejudice to Clause 23 (d) above, if the vessel is dry-docked at foreign port and is nominated for lifting cargo ex a foreign port by Charterers, the vessel shall be on hire from the time of tendering NOR at foreign load-port nominated by Charterer. However, Charterers have no obligation to provide cargo to vessel from dry-dock port or any other nearby foreign port.
(f) Time lost in making tanks free of gas, when the vessel is released from the Port by Charterers for the purpose solely or primarily of periodical dry-docking shall be for account of Charterers to the extent by which 72 hrs exceeds the actual journey time from the port of re-delivery of vessel to Owners (DOP time) to the port of dry-dock (APS time). The bunker consumption and other expenses that may incur for gas freeing shall be on Owners’ account. The cost of the bunker will be at the prevailing average ruling bunker price at Indian Ports.
(g) If the bunkers at the time of re-delivery of the vessel to Owners for dry-dock/repairs are more than the bunkers onboard the vessel at the time of Owners delivering the vessel after dry-dock/repairs to Charterers, then Charterers shall recover for the difference at the prevailing average ruling bunker price of the Indian Ports. If the redelivery bunkers are higher than the delivery bunkers, the Charterers would reimburse Owners for excess quantity of bunkers at the actual rate at which the bunkers have been obtained with Charterers’ prior approval.
(h) Fuel/Bunker consumption during planned repairs/dry-dock will be on Owners account.
(i) Owners have option of substituting the vessel during dry-docking with similar / superior vessel at no extra cost to Charterers : however overlapping of charter is prohibited.
Boiler 23. Notwithstanding the provisions of clause 21 hereof, loss of time due to any of the reasons 205Cleaning, etc. specified therein or to cleaning of boilers and / or opening up of pistons and / or overhauling of engines 206
shall be allowed on hire between the commencement of the charter period and the first Periodical Dry- 207docking as provided for in clause 22 hereof and thereafter between each consecutive Periodical Dry- 208docking up to a total calculated at the rate of 72 hours per year and pro rata for part of a year. 209
Detailed 24. Owners warrant that at the date of delivery under this charter the vessel shall be of the descrip- 210Description tion set out in Form C attached hereto and signed by them and 211and Performance undertake to use their best endeavours so to maintain the vessel during the period of her service 212
hereunder. Further but otherwise without prejudice to the generality of this clause Owners guarantee that 213
the average speed of the vessel will not be less than ____ knots in ballast and ____ knots fully laden BASIS BF SCALE - 4, 214
with a maximum bunker consumption of tons diesel oil tons fuel oil per day for all purposes 215 COOLING SEE CL . 57(C)
excluding cargo heating and tank cleaning. PUMPING, BALLASTING , MANUEVER ING , 216
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DEBALLASTING IN WEATHER NOT EXCEEDING BEAUFORT 4
The aforesaid average speeds shall be calculated in each yearly or other less period, as defined 217hereinafter, by reference to the observed distance from engines run full ahead (RFA) to engines standby belows (SBB) pilot station to pilot station on all sea passages 218and over the whole of the time the vessel is on hire during such period, otherwise than as provided in 219clause 23 hereof. 220
THE CHARTER PERIODIf during any year from the commencement of the charter period the vessel falls below or exceeds 221
the performance guaranteed in this clause then 222
(a) If such shortfall or excess results respectively from a reduction or an increase in the average 223 speed of the vessel, as herein defined, in relation to the average speed guaranteed hereunder 224 then hire shall be reduced or increased as may be appropriate in an amount proportionate to 225 the loss or gain in time involved; 226
(b) If such shortfall or excess results respectively from an increase or a decrease in the vessel’s 227 average daily bunker consumption, as herein defined, in relation to the average daily consump- 228 tion guaranteed hereunder, hire shall be reduced or increased as may be appropriate by an 229 amount equivalent to the value of the excess or saving in bunkers involved based on the average 230 price paid by Charterers for the vessel’s bunkers in this period. 231
Reduction of hire under the foregoing provisions shall be without prejudice to any other remedy 232available to Charterers.
233
CHARTER PERIOD AND PART PERIODClaims in respect of reduction of hire arising under this clause during the final year or part year of 234
the Charter period as specified in clause 3 hereof and any extension thereof under this charter shall in 235the first instance be settled in accordance with Charterers’ estimate made two months before the end of 236 the Charter period as so specified. Any necessary adjustment after the end of the charter shall be made 237by payment by Owners to Charterers or Charterers to Owners as the case may require. 238
Payments in respect of increase of hire arising under this clause shall be made promptly after receipt 239by Charterers of all the information necessary to calculate such increase. 240
In event of any conflict between the particulars set out in the aforesaid Form and any other 241provision (including this clause) of this Charter such other provision shall prevail. 242
COMPRESSORS GAS
Tanks, etc. 25. Owners guarantee that the tanks, valves and pipelines are oil-tight at the commencement of this 243Charter, and Owners bind themselves to take every possible precaution to maintain the tanks, valves and 244
, Pipelines in this condition during the charter period. 245
Salvage 26. All salvage and all proceeds from derelicts shall be divided equally between Owners and 246 Charterers after deducting the master’s, officers and crew’s share, hire of vessel for time lost and cost of 247 fuel consumed and all other expenses incurred. Subject as aforesaid, and subject to the provisions of 248
clause 21 hereof, all loss of time and all expenses (excluding any damage to or loss or the vessel) incurred 249in saving or attempting to save life and in unsuccessful attempts at salvage shall be borne equally by 250Owners and Charterers, provided that Charterers shall not be liable to contribute towards any salvage 251payable by Owners arising in any way out of services rendered under this clause. 252
Lien 27. Owners shall have a lien upon all cargoes and all freights for any amounts due under this 253 Charter; and Charterers shall have a lien on the vessel for all moneys paid in advance and not earned, and 254 for all claims for damages arising from any breach by Owners of this Charter. 255
Exceptions 28. Save that clauses 1,2 and 24 hereof shall be unaffected hereby, the vessel, her master and 256 Owners shall not, unless otherwise in this charter expressly provided, be responsible for any loss or 257 damage arising or resulting from any act, neglect or default of the master, pilots, mariners or other 258servants of Owners in the navigation or management of the vessel; free, unless caused by the actual fault 259 or privity of Owners; collision or stranding; dangers and accidents of the sea; explosion, bursting of 260boilers, breakage of shafts or any latent defect in hull, equipment or machinery. And neither the vessel, 261her master or Owners, nor Charterers shall, unless otherwise in this charter expressly provided, be 262responsible for any loss or damage or delay or failure in performance hereunder arising or resulting 263from act of God, act of war, seizure under legal process, quarantine restrictions, strikes, lockouts, riots 264 civil commotions and arrest or restraint of princes, rulers or people. The vessel shall have liberty to sail 265with or without pilots, to tow or go to the assistance of vessels in distress and to deviate for the purpose 266of saving life or property. This clause is not to be construed as in any way affecting the provisions for 267cessation of hire as provided in this charter. 268
Injurious 29. No acids, explosives or cargoes injurious to the vessel shall be shipped, nor shall any voyage be 269Cargoes undertaken, nor goods or cargoes be loaded, that would involve risk of seizure, capture, or penalty 270
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imposed by British or foreign rulers or governments, and without prejudice to the foregoing any damage 271to the tanks caused by the shipment of any such cargo as aforesaid shall be at Charterers risk and expenses 272and the time taken to repair such damage shall be for Charterers’ account. 273
380 CST UPTO S.G.0. 970Grade of 30. Charterers have the option of supplying for use in the main motors marine diesel oil or fuel oil
274 Bunkers with a maximum viscosity of 3500 seconds Redwood 1 at 100 degrees F. and for use under the boilers any 275
commercial grade of fuel oil. If Owners require the vessel to be supplied with more expensive bunkers 276they shall be liable for the extra cost thereof. GRADE OF 277
Grade of bunkers to be consumed – IFO 380 CST – ISO 8217:2008 RMG 380 & MGO – ISO 8217 :2007 DMADisbursements 31. Should the master require advances for ordinary disbursements at any port, Charterers or their 278
agents shall make such advances to him, in consideration of which Owners shall pay a commission of 2792 ½ per cent, and all such advances shall be deducted from hire. 280
Requisition 32. Should the vessel be requisitioned by the INDIAN Government 281during the period of this charter, the vessel shall be deemed to be off-hire during the period of such 282 requisition, and any hire paid by the said Government in respect of such requisition period shall be for 283Owner’s account. The period during which the vessel is on requisition to the said Government shall count 284as part of the period provided for in clause 3 of this charter. 285
Outbreak 33. If war or hostilities break out between any two or more of the following countries 286 Of War LIBERIA,TUNISIA, GREAT BRITAIN, INDIA, PAKISTAN, USA, CIS , CHINESE PEOPLE’S REPUBLIC 287
IRAN, IRAQ both Owners and 288
Charterers shall have the right of cancelling the charter. 289
Additional 34. Any extra expenses which maybe incurred by Owners if the vessel has to trade in areas where 290
War Expenses there is war ( de facto or de jure ) shall be borne by Charterers, provided that before such expenses are 291 incurred Charterers are given an opportunity to signify their approval. 292
War 35. War and / or mine risk insurance, if any, shall be for Owners account, but notwithstanding the 293Insurance provisions of clause 5 hereof, war risk insurance on hull and machinery on a mutually agreed value in 294
excess of the rate ruling at the date hereof shall be for Charterers’ account. 295
War Risks 36. (1) The master shall not be required or bound to sign bills of lading for any blocked port 296or for any port which the master or Owners in his or their discretion consider dangerous or impossible to 297
enter or reach. 298
(2) (A) If any port of loading or of discharge named in this charter or to which the vessel 299 may properly be ordered pursuant to the terms of the bills of lading be blocked, or
300
(B) If owing to any war, hostilities, warlike operations, civil war, civil commotions, revo- 301lutions, or the operation of international law (a) entry to any such port of loading or of discharge or the 302loading or discharge of cargo at any such port be considered by the master or owners in his or their 303 discretion dangerous or prohibited or (b) it be considered by the master or Owners in his or their discretion 304dangerous or impossible for the vessel to reach any such port of loading or of discharge. 305
Charterers shall have the right to order the cargo or such part of it as may be affected 306to be loaded or discharged at any other port of loading or of discharge within the range of loading or 307 discharge ports respectively established under the provisions of the Charter ( provided such other port is 308not blockaded or that entry thereto or loading or discharge of cargo thereat is not in the master’s or 309 Owners’ discretion dangerous or prohibited ). If in respect of a port of discharge no orders be received 310from Charterers within 48 hours after they or their agents have received from Owners a request for the 311 nomination of a substitute port, Owners shall then be at liberty to discharge the cargo at any port which 312they or the master may in their or his discretion decide on (whether within the range of discharge ports 313established under the provisions of the charter or not ) and such discharge shall be deemed to be due 314fulfillment of the contract or contracts of affreightment so far as cargo so discharged is concerned. In 315the event of the cargo being loaded or discharged at any such other port within the respective range of 316loading or discharge ports established under the provisions of the charter, the charter shall be read in 317respect of freight and all other conditions whatsoever as if the voyage performed were that originally 318designated. However, if the vessel discharges the cargo at a port outside the range of discharge ports 319 established under the provisions of the charter, freight shall be paid as for the voyage originally designated 320 and all extra expenses involved in reaching the actual port of discharge and / or discharging the cargo 321thereat shall be paid by Charterers or cargo owners. In this latter event Owners shall have a lien on the 322cargo for all such extra expenses. 323
(3) The vessel shall have liberty to comply with any directions or recommendations as to 324departure, arrival, routes, ports of call, stoppages, destinations, zones, waters, delivery or in any other wise 325 whatsoever given by the government of the nation under whose flag the vessel sails or any other govern- 326ment of local authority including any de facto government or local authority or by any person or body 327
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acting or purporting to act as or with the authority of any such government or authority or by any 328committee or person having under the terms of the war risks insurance on the vessel the right to give 329any such directions or recommendations. If by reason of or in compliance with any such directions or 330recommendations anything is done or is not done, such shall not be deemed a deviation. 331
If by reason of or in compliance with any such direction or recommendation the vessel does 332 not proceed to the port or ports of discharge originally designated or to which she may have been 333ordered pursuant to the terms of the bills of lading, the vessel may proceed to any port of discharge 334 which the master or Owners in his or their discretion may decide on and there discharge the cargo. Such 335discharge shall be deemed to be due fulfillment of the contract or contracts of affreightment and Owners 336shall be entitled to freight as if discharge had been effected at the port or ports originally designated or 337to which the vessel may have been ordered pursuant to the terms of the bills of lading. All extra
338expenses involved in reaching and discharging the cargo at any such other port of discharge shall be paid 339by Charterers and / or cargo owners shall have a lien on the cargo for freight and all such 340expenses. 341
Charterers shall procure that all bills of lading issued under this charter shall contain the 342 foregoing clause so far as applicable to bills of lading. 343
Both to Blame 37. If the liability for any collision in which the vessel is involved while performing this charter falls 344Collision Clause to be determined in accordance with the laws of the United States of America, the following provision 345
shall apply : - 346
“If the ship comes into collision with another ship as a result of the negligence of the other ship 347 and any act, neglect or default of the master, mariner, pilot or the servants of the carrier in the navigation 348or in the management of the ship, the Owners of the goods carried hereunder will indemnify the carrier against all loss, or liability to the other or non-carrying ship or her owners in so far as such loss or 350liability represents loss of, or damage to, or any claim whatsoever of the owners of the said goods, paid 351or payable by the other or non-carrying ship or her owners to the owners of said goods and set off, 352
recouped or recovered by the other or non-carrying ship or her owners as part of their claim against the carrying ship or carrier. 354
“The forgoing provisions shall also apply where the owners, operators or those in charge of any ship 355or ships or objects other than, or in addition to, the colliding ships or objects are at fault in respect to a 356 collision or contract.” 357
Charterers shall procure that all bills of lading issued under this charter shall contains a provision in 358the foregoing terms, to be applicable where the liability for any collision in which the vessel is involved 359fails to be determined in accordance with the laws of the United States of America. 360
2004New Jason 38. General average shall be payable according to the York / Antwerp Rules, 1950 and shall be 361Clause adjusted in London but should adjustment be made in accordance with the law and practice of the United 362
States of America, the following provision shall apply : - 363
“In the event of accident, danger, damage or disaster before or after the commencement of the 364voyage, resulting from any cause whatsoever, whether due to negligence or not, for which, or for the conseque- 365nce of which, the carrier is not responsible, by statute, contract or otherwise, the goods, shippers , consignees 366or owners of the goods shall contribute with the carrier in general average to the payment of any sacri- 367
fices, losses or expenses of a general average nature that may be made or incurred and shall pay salvage 368and special charges incurred in respect of the goods. 369
“If a salving ship is owned or operated by the carrier, salvage shall be paid for as fully as if the said 370salving ship or ships belonged to strangers. Such deposit as the carrier or his agents may deem sufficient 371to cover the estimated contribution of the goods and any salvage and special charges thereon shall, if 372required, be made by the goods, shippers, consignees or owners of the goods to the carrier before 373delivery.” 374
Charterers shall procure that all bills of lading issued under this charter shall contain a provision in 375
the foregoing terms, to be applicable where adjustment of general average is made in accordance with the 376laws and practice of the United States of America. 377
Paramount 39. Charterers shall procure that all bills of lading issued under this charter shall contain the 378Clause following Paramount Clause : - 379SEE CL.44 HEREOF
“This bill of lading shall 380
(1) in the relation to the carriage of any goods from any port in Great Britain or Northern Ireland to 381 any other port whether in or outside Great Britain or Northern Ireland have effect subject to the 382
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provisions of the Carriage of Goods by Sea Act, 1924 and to the Rules contained in the 383 Schedule thereto as applied by that Act and nothing herein contained shall be deemed a sur- 384 render by the Carrier of any of his rights or immunities or an increase of any of his 385 responsibilities or liabilities under the said Act ; 386
(2) in relation to the carriage of any goods from any port of shipment in territory in which legis- 387 lation similar in effect to the Carriage of Goods Act 1924, of the United Kingdom is in 388 force. Have effect subject to such legislation and to the Rules contained in the Schedule thereto 389 as applied by such legislation and nothing herein contained shall be deemed to be surrender 390 by the Carrier of any of his rights or immunities under the said legislation or an increase of 391 any of his responsibilities or liabilities under the said legislation ; and 392
(3) in any other case have effect as if the contract of carriage herein contained were a contract of 393 carriage to which the provisions of the Carriage of Goods by Sea Act, 1924, of the United 394 Kingdom applied and the Carrier shall be entitled to the benefit of the privileges, rights and 395 immunities conferred by the said Act and the Rules contained in the Schedule thereto as if 396 the same were herein specifically set out. 397
It any term of this bill of lading be repugnant to the provisions of the said Act or to the said 398
legislation to any extent, such term shall be void to that extent but no further.” 399
Law and 40. (a) This charter shall be construed and the relation between the parties determined in 400Litigation accordance with the law of England. 401SEE CL.47
(b) Any dispute arising under this charter shall be decided by the English Courts to whose juris- 402diction the parties agree whatever their domicile may be : 403
Provided that either party may elect to have the dispute referred to the arbitration of a single 404arbitrator in London in accordance with the provisions of the Arbitration Act, 1950, or any statutory 405
modification or re-enactment thereof for the time being in force. Such election shall be made by written 406notice by one party to the other not later than 21 days after receipt of a notice given by one party to 407the other of a dispute having arisen under this charter. 408
Clauses 41 to 80 inclusive, as attached hereto, are incorporated herein.
FOR AND ON BEHALF OF HINDUSTAN PETROLEUM CORPORATION LTD (CHARTERERS)
AUTHORISED SIGNATORY
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Rider Clauses:
41. It is understood and agreed that if these additional Clauses as specified herein, conflict with any of the clause(s) in Part I of this charter party, the additional Clauses shall apply
42. Owners shall provide Charterers with one copy each of a) Ships deadweight scale and DWT tables.b) Ships general arrangement planc) Ships capacity pland) Cargo pipeline layout diagram in compressor room tanks and on deck.
43. Owners shall clean the vessels tanks, lines, pumps and compressors to Charterer’s Inspector’s satisfaction before delivery of the vessel. If any further cleaning required, expenses and time shall be for owners account. Owners to carry out thorough cleaning of tanks, pipelines etc by standard process before the vessel is presented to Charterer’s Inspector’s inspection. However, even if after such thorough cleaning of the vessel, she remains unsuitable for loading cargo, Charterer shall have the operation to cancel the charter party.
Delivery / Re-delivery: The delivery of the vessel shall be taken at berth at 1 SP Wag at charterers’ option at above mentioned laycan. The charter hire period shall commence as per the following :
Vessel arrived before laycan: commencement of loading time at the jetty (vessel’s berthing / loading prior commencement of laycan always subject to mutual acceptance of owners and charterers) or 0600hrs of the 1st day of the narrowed down laycan, whichever is earlier.
Vessel arrived during laycan : Nor + 6 hrs or commencement of loading, whichever is earlier. Vessel arrived after laycan: vessel to wait in the queue and charter hire period shall commence
on commencement of loading.
The vessel will be delivered to charterers at berth, after delivery Bunker survey, at one WAG port likely _________ provided the vessel is ready to load propane and butane.
The vessel will be re-delivered to owners at berth upon disconnection of hoses after completion of discharge at the re-delivery port.
44. Charterers shall procure that all Bills of Lading issued under this charter shall contain the following Paramount Clause:
This Bill of Lading shall have effect subject to the provisions of the Indian Carriage of Goods by Sea Act except that if this Bill of Lading is issued at a place where any other Act, Ordinance of Legislation gives statutory effect to the International Convention for the unification of certain rules relating to Bills of
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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 Bills of Lading be repugnant to the act to any extent, such term shall be void to the extent but no further.
45. Owners to ensure that on demand by charterers or their surveyors, Master shall make available a copy of each displacement /deadweight tables, trim corrective tables, Hydrostatic Data and General arrangement plan.
46. Owners undertake that vessel has not been sold nor will be sold for scrapping or otherwise during the currency of this charter party.
47. Law & Arbitration
a) This charter shall be construed and the relations between the parties determined in accordance with the laws of India.
b) Any dispute or difference between the Owners on the one hand and the Charterers on the other hand arising under this Charter Party Agreement shall be referred to the Arbitration of three Arbitrators in Mumbai, one to be appointed by the Owners and one by the Charterers. The two Arbitrators before proceeding with the Arbitration shall appoint a third Arbitrator, the decision of the Arbitrators by majority, shall be final and binding on both the parties. The provisions of (Indian) Arbitration and Conciliation Act, 1996 and the rules made there under and any statutory modification thereof shall apply to such Arbitration.
In case of signing of Charter Party with a PSU/Govt.Undertaking, the arbitration clause applicable as per Govt. guidelines for PSU/Govt. Undertaking will apply.The Courts in the city of Mumbai alone shall have exclusive jurisdiction to adjudicate upon any proceedings arising out and/or instituted under this Charter Party Agreement
48. Owners confirm that vessel complies with ISGOTT and also complies with SOLAS Convention 1974/78 and related protocol of 1978.
49. Master should sign as many sets of Bills of Lading as presented by shippers.
50. Indian Carriage of Goods by Sea Act to apply.
51. Charterers shall exercise due diligence to ensure that the vessel is only employed between and at safe ports, places, berths, docks, anchorages and submarine lines were she can always lie safely afloat but notwithstanding anything contained in this or any other clause of this charter, charterers shall not be deemed to warrant the safety of any port, place, berth, dock, anchorage or submarine line and shall be under no liability in respect thereof except for loss, or damage caused by their failure to exercise due diligence as aforesaid. Subject as above, the vessel shall be loaded and discharged in any dock or at any wharf or place or anchorage or submarine line or alongside lighters or other vessel as charterers may direct.
The vessel shall trade within the limits specified between such safe ports, berths or places, where she can lie always safely afloat as Charterers shall direct. Transfer of gas from and to the vessel and to and
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from another ocean going vessel made fast alongside or while underway shall be allowed in accordance with "ICS/OCIMF” Ship-to-Ship Transfer Guide for liquified gases provided Owners have been given reasonable notice in advance and only to the extent that such operation is safe. However, it is agreed between the Owners and Charterers that if at any time, the Master of the vessel considers it unsafe to either go or remain alongside such other vessel offshore, he has discretion either not to go alongside of the other vessel or if already alongside other vessel, then to withdraw from alongside of other vessel to avoid prejudicing safety of the vessel or of such other vessels off shore. Removal of the vessel shall always be at the sole discretion of the Master. All extra equipment including pneumatic fenders and LPG
hoses required for such transfers/ double banking operation shall be provided by the charterers at their cost, expense and risk. Charterers also reimbursing to owners any additional insurance premium and indemnifying owners against any damage caused to the vessel. The vessel shall remain on hire for any time lost whether directly or indirectly as a result or consequence of such transfer operation.
52. Charterers shall provide and pay for all water. Master to exercise due diligence in indenting fresh water requirements and the same if not done, any time lost will be on owners’ account. On enquiry from charterers, Master to advise charterers the basis on which water is required at any port. Owners to reimburse cost of water in excess of 20 tons per day at the average rate of actual supplies received by the vessel at the end of each quarter.
53. Master will ensure, subject to safety of vessel nature of cargo carried, and due appreciation of contamination risks of vessel that no deadfreight is allowed to occur in respect of the following:
Loading to a lesser draft than instructed by the charterers in writing, non –delivery of the cargo in full at discharge port and on carrying the cargo to loadport unless instructed by charterers in writing.
In the event of deadfreighting as mentioned above, owners will pay for the deadfreighting to the charterers. The calculation of deadfreighting will be done after taking ship’s constant figure as 300 long tons excluding fresh water.
54. At all ports Master shall pump water in shore lines to displace cargo or for quality purpose whenever directed by charterers/charterers’ agents.
55. The computation of loss for each completed voyage (from loadport to loadport) will be as follows:
a. The difference between quantity discharged at disport and quantity loaded at load port each as per Ship’s measurements by an Independent Inspector shall be calculated.
b. The difference between on board quantity prior loading at subsequent load port and the on board quantity at load port prior to loading of the cargo, each as per Ship’s measurements by an Independent Inspector, shall be calculated.
c. The net loss shall be (1) or (2) whichever is higher and the CIF value of this net loss will be deducted from the Charter-hire payable to the owners.
56. Owners agree that the cargo pumps/compressors will throughout the terms of this charter, discharge vessel’s cargo as per clauses of this charter party.
57. If, in respect of any such period, it is found that the vessel has failed to maintain the speed and/or fuel consumption and/or pumping performance guarantee under this clause, charterers shall be compensated in respect of each failing as stated in clauses hereunder.
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(a) Speed
The total mileage of the actual course the vessel has travelled during the period of review shall be divided by the guaranteed speed and an notional time of passage is computed as mentioned in clause above. If the actual total hours at sea shown in the log books are in excess of the above mentioned notional time then the excess time shall be treated as offhire and the charterers shall be entitled to claim the charter hire for the offhire computed in this manner.
(b) Fuel consumption
Should the actual consumption of the ship during the period of review be more than the guaranteed consumption which would be computed by multiplying the charter party guaranteed consumption by charter party notional time as at above then the owners shall be liable to pay for the extra cost of bunkers consumed by the ship at the average ruling coastal bunker price of Hindustan Petroleum Corporation Limited at all Indian ports at the end of each review period.
(c) The guaranteed speed and consumption are as follows:
Speed:
Bunker Consumption:
58. PUMPING PERFORMANCE :
The following discharging rates shall be maintained with the use of one or more pumps/compressors during bulk discharge (in water tons) provided shore facilities permit and excluding ship to ship operation.
Vessel Shall Discharge One grade cargo at a time by pre-heating and vessel shall discharge two grades at a time without pre-heating. Vessel shall discharge LPG cargo at +10 Degrees C or about at not less than 12 bar pressure at Manifold.
The owners will provide on each line at ship’s manifold separate pressure gauges just prior to discharge hoses. If no such pressure gauge is provided by the Master, then jetty pressure gauge reading will be taken as the pressure developed by the ship.
Should the vessel fail to maintain said pressure as above the time lost will be lower of the following:
(a) The difference between actual time and time that would have taken had the vessel maintained the said pressure as above which will be calculated by the proportionate ratio of actual pressure to the guaranteed pressure by square root method.
Should the vessel better the said pressure as above the time saved will be calculated based on whichever is bettered in the following way:
(b) The difference between actual time and the time that would have taken, had the vessel maintained the said pressure as above which will be calculated by the proportionate ratio of actual pressure to the guaranteed pressure by square root method.
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In case the pressure requested is lower than the charter party guarantee, time lost will be worked out on the basis of requested pressure and the actual pressure maintained.
Charterers shall recover from owners the charter hire for any time lost in pumping operations if vessel maintained lesser pressure as above.
59. BALLASTING/DEBALLASTING
Vessel has got segregated ballast arrangements and ballasting/deballasting will be carried out simultaneously with discharging/loading of cargo.
60. LOADING / CARGO HALDING
VESSEL CAN LOAD MAX ________ CBM / HR - ON ONE STRING PROVIDED TEMPERATURE OF CARGO LOADED IS NOT HIGHER THAN ______ DEGREE C.
Charterers shall be entitled to recover any time lost on account of loading being restricted by the vessel at the rate lesser than that mentioned above.
Vessel is capable of handling minimum Grades of LPG ( Propane and Butane)simultaneously in a completely Segregated manner.
61. LIGHTERAGE
Owners will allow Charterers to use vessel for lightening alongside Mother tanker as and when required by charterers provided :
(1) Charterers option to load vessel via ship to ship transfer at anchorage weather permitting and subject to master’s approval which is not to be unreasonably withheld at anchorage.
(2) It is understood and agreed that vessel’s crew will be required to assist in handling fenders, hoses as well as mooring and unmooring as designated by the mooring master. Charterers to provide all fenders, hoses and equipments necessary to perform the lightening operations and charterers shall be responsible for damage to the vessel resulting from the lightening operations.
(3) Charterers to indemnify the owners of the LPG/C hereinafter referred to as the lighterage ship against all claims whatsoever and howsoever arising by the reasons of any incident occurring or any act , error or omission committed from the time of arrival of the lighterage ship in the vicinity of the mother/daughter tanker until departure from the vicinity of the mother/daughter tanker after the cargo is transferred. It is further understood that such incident arising even due to the negligence of the owners of the lighterage ship or their servants or by officers or member of the crew of the lighterage ship and also including claims arising out of or in connection with oil pollution together with all such claims and cost of losses or damages suffered by the owners of the lighterage ship against all claims arising out of the loss or damage to cargo transferred .
Charterers will provide fenders, hoses and equipments including nitrogen for purging hoses for lighterage operations.
62. DOUBLE BANKING
Owners will allow charterers to use vessel for ship to ship transfer from mother tankers or daughter tanker as and when required by charterers, provided
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a. Charterers option to load vessel via ship to ship transfer at safe anchorage weather permitting
b. It is understood and agreed that the vessel’s crew will be required to assist in handling fenders, hoses as well as mooring and unmooring as designated by the mooring master. Charterers to provide all fenders,hosesand equipments necessary to perform the lightening operations required alongwith qualified LPG loading Master.
c. Vessel has one manifold or reducers with flanges of 8/10/12 inches internal diameter and of A.S.A 150 / 300 standard flange as required for hose connections.
d. Entire lighterage operations will be guided by International Chamber of Shipping/Oil Companies, International Maritime Forum Ship to Ship transfer Guide (LPG ) and International Chamber of Shipping/ Oil Companies International safety Guide for Oil LPG Tanker and Terminals.
e. For double banking/lightening operations Charterers to provide one standby tug throughout the operations for emergency and one qualified loading Master for LPG transfer operations.
63. COOLANT ON BOARD:
Joint survey to be conducted at first load port and final disport i.e. at the time of delivery and redelivery of the vessel., to ascertain the quantity of coolant on board the vessel.
Cost of any difference in quantities at the time of delivery and redelivery shall be paid by charterers if due to the owners at owners last invoice prior delivery or by the owners, if due to the charterers at charterers last invoice prior redelivery.
If the vessel requires coolant at the port of delivery to make the cargo tanks ready to load charterers’ intended cargo, the following shall apply :
Charterers will arrange supply of coolant to the vessel. The qty of coolant supplied will be considered as part of cargo.
The entire gassing up / cooling down operation will be carried out at the anchorage designated by the port of loading for the purpose. The coolant loss, as measured by an independent inspector, during gassing up / cooling down the tanks will be on vessel / owners’ account. The additional port expenses incurred by the charterers for the purpose of supplying coolant to
the vessel will be on vessel / owners’ account.
Entire time for loading coolant, cooling / gassing up, waiting time for loading coolant / loading main cargo, etc., will be on owners' account. The on-hire period
will commence only upon commencement of loading main cargo.
The coolant quantity at the time of delivery will be considered zero (nil) for the purpose of settlement of difference of coolant quantities at the time of delivery and re-delivery.
64. CHARTER HIRE:
The payment of Charter hire USD--------- PDPR including overtime in accordance with clause no. 8 and its sub clauses hereof in advance to Owners’ nominated Bank A/c.
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Indian owners shall be paid in Indian Rupees (Base Exchange rate 1 USD = Rs.. . . . . .) and the exchange variation clause No. 69 will apply.
Monthly charter hire advance will be paid/restricted to maximum of equivalent to Rs. 2 crores on the beginning of the month and balance amount for the month if any, shall be released on 10th of the same month.
65. (i) Trading limits: Worldwide within IWL l. The vessel would be mainly used in Indian coastal trade, however, without guarantee. Charterers may use the vessel for transporting
LPG for Indian and/ or cross trade.
Trading: Vessel will be deployed for imports of Propane / Butane or full Butane. Owners confirm that vessel is also capable of undertaking coastal movement / floating /
transshipment of above cargoes.
(ii) Owners to guarantee that the vessel shall not be drydocked during the entire charter period (primary and extended period, if any)
(iii) During the time charter period if charterers use vessel for overseas trade in which case conversion of vessel from coastal to foreign run and from foreign to coastal run
the time and cost to be for charterers account and to be carried out by charterers /charterer’s agent.
(iv) Any Overage insurance on cargo due to vessel’s age and / or flag to be on owners account.
(v) Type of vessel: Owners confirm vessel able to lift 39000 mt +/- 10% (loadable approx. mt depending upon density/temp) propane/butane or full butane – propane 40 to
42% and butane 58 to 60% or full (100%) butane. – the vessel should be able to preheat the cargo of both propane and butane so that parameters of deg c temperature and kg/sqcm pressure is available the ships manifold)
(vi) Vessel will be loading cargoes directly from HPCL’s suppliers' terminals including RPL Jamnagar. However, vessels must be suitable for undertaking sts
operation at berths / anchorage from Indian / foreign flag mother vessels. Subject to charterers carrying out same in accordance with ICS/OCIMF and SIGTO Guidelines / Recommendations
Owners confirm vessel is acceptable and suitable for berthing/loading/unloading at AG/PG ports like Juaymah, Rastanura, Mina Al Ahmadi (Kuwait), Ruwais (Abu
Dhabi), Asaluyeh (Iran) and at Indian ports Vizag Outer harbour (s.s. jetty)/Haldia./Jamnagar etc and fully meets all loadports/ disports regulations in force at the time of loading / unloading including terminal reqrments as mentioned in cl. 26 below. At Vizag vessel to be suitable for discharge with new chickson facility only for cavern.
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 owner’s account.
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Owners confirm vessel is suitable for undertaking STS operations at berths/anchorage from / to Indian/Foreign Flag Mother Vessel subject to charterers carrying out same in accordance
with ICS/OCIMF and SIGTO guidelines
Vessel complies with all Rules and regulations at various Foreign / Indian loadports / disports. Further, vessel complies with all Govt. Rules and regulations including those issued by D.G shipping ,Govt. Of India with regard to age and any other criteria in force from time to time. Owners confirm vessel possesses all valid statutory licences/certificates/ approvals issued by various Statutory/Govt.bodies throughout the duration of the charter.
The vessel to have coastal/foreign operation permission from statutory authorities for the entire period of charter including optional periods.
Vessel requirement at Vizag – sunken ship jetty – Vizag outer Harbour/ Haldia :
Max loa - 230 mts. Beam - 42 mts
Air draught - arr – max : 14 mts dep - max :17 mts. Draught - 13 mts. Max. Distance .from stern to manifold - 115 mts
No night restrictions Vessel should carry polypropelene or wire ropes for mooring – 16 nos
Unloading arms (available at the jetty) : Two arms separately for propane and butane Vessel may require to carry reducer of size 10” 300# rf ansi. Vessel should be capable of berthing at Haldia HOJ-II Jetty also with part cargo of upto 15 tmt
Vessel has no adverse performance record during last 12 months.
66. BONUS
Owners shall not be entitled to any bonus due to vessel’s superior performance saving time/cost due to speed/bunker consumption/ discharging time but vessel’s under performance shall be penalised as per charter party.
67. Owners agree to discharge cargo against Hindustan Petroleum Corporation Ltd, Mumbai Letter of Indemnity, wordings as per owner’s P and I Club, in case Charterers are unable to present original Bills of Lading at discharge port(s)
68. All taxes/dues on freight or charter hire etc to be on charterers account. Tax on earnings shall be on owners account. Any service tax / value added tax levied by state / central government on account of freight earnings and / or hire of vessels during the tenure of charter period will be on charterers account.
69. Charterers to give owners not less than twenty days approximate notice followed by 15/10/7/5/3/1 days definite notice of redelivery of place/port of vessel.
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70. EXCHANGE VARIATION CLAUSE:
If on the due date of payment of charter hire there is a variation in the State Bank of India Mean Rate T.T. Open Market Exchange Rate of more than Re.1.00 for one US dollar then the Rupee amount and the charter hire rate will be proportionately revised to the extent of change from the base exchange rate of 1 USD = RS_____ and the charterers shall pay to the shipowners and vice versa as the case may be the additional amount representing the entire difference on account of currency variation. If the due date of
payment happens to be a bank holidays or Sunday the previous bank working day will be considered applicable for SBI Mean TT Open Market Exchange Rate.
Vessel to arrive with sufficient bunkers at delivery port.
71. Owners confirm vessel possesses all valid statutory licences / certificates approvals issued by various statutory / Govt. bodies throughout the duration of the charter.
72. The charter hire period for the subject vessel shall commence hrs on . Thereafter the actual time taken by the shipowner for conversion and coolant etc. will be on owner’s account. In case the vessel does not get berth on first day of the layday, , the charter hire period shall commence effective on her expected berthing time.
73. The Reimbursement/Recovery of bunker cost will be on basis of Coastal Duty paid prices prevailing at the delivery/redelivery port.
OWNERS TO CONFIRM VESSEL TO ARRIVE WITH SUFFICIENT BUNKERS AT DELIVERY PORT
74. Charter hire payment payment will be made on calander month basis. For the first month of charter the charter hire payment will be made upto the month end from the date of delivery. Cost of delivery bunker survey on owners account and cost of re-delivery bunker survey on charterers account.
75. ISPS Clause:-Owns confirm vessel meets ISPS code/Requirements and also comply with all Rules and regulations at various foreign/Indian loadports/disports. The following shall be applicable : If the vessel does not conform to ISPS code. Detention and/or costs shall be on owner’s account. If discharge port does not conform to ISPS code. Detention and/or costs shall be on charterers’ account. If both the vessel and port are ISPS compliant. The detention and/or costs shall be borne equally by charterers’ and owners provided such detention and/or costs are solely due to the reason of ISPS code.
For Instance, delays could be on account of security drills. Checks by local authorities etc. Vessel also to comply with all government Rules and Regulations including those issued by DG(Shipping), Government of India with regard to age and any other criteria in force from time to time.
76. Conversion/reversion: the vessel will be taken delivery at foreign port. Any conversion to coastal run and reversion to foreign run during the charter period will be on charterers account and to be carried out by charterers/charterer’s agent
77. BIMCO Bunker Fuel Sulphur Content Clause with respect to MARPOL Annex VI:
(a) Without prejudice to anything else contained in this Charter Party, the Charterers shall supply fuels of such specifications and grades to permit the Vessel, at all times, to comply with the maximum sulphur content requirements of any emission control zone when the Vessel is ordered to trade within that zone.
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The Charterers also warrant that any bunker suppliers, bunker craft operators and bunker surveyors used by the Charterers to supply such fuels shall comply with Regulations 14 and 18 of MARPOL Annex VI, including the Guidelines in respect of sampling and the provision of bunker delivery notes. The Charterers shall indemnify, defend and hold harmless the Owners in respect of any loss, liability, delay, fines, costs or expenses arising or resulting from the Charterers' failure to comply with this Sub-clause (a).
(b) Provided always that the Charterers have fulfilled their obligations in respect of the supply of fuels in accordance with Sub-clause (a), the Owners warrant that:
(i) the Vessel shall comply with Regulations 14 and 18 of MARPOL Annex VI and with the requirements of any emission control zone; and
(ii) the Vessel shall be able to consume fuels of the required sulphur content when ordered by the Charterers to trade within any such zone. Subject to having supplied the Vessel with fuels in accordance with Sub-clause (a), the Charterers shall not otherwise be liable for any loss, delay, fines, costs or expenses arising or resulting from the Vessel’s failure to comply with Regulations 14 and 18 of MARPOL Annex VI. (c) For the purpose of this Clause, "emission control zone" shall mean zones as stipulated in MARPOL Annex VI and/or zones regulated by regional and/or national authorities such as, but not limited to, the EU and the US Environmental Protection Agency.
78. In the event of any complaint brought to charterers notice by the port authorities/terminal charterers have right to de-hire the vessel, provided its proved to be vessel’s fault.
79. Owners confirm vessel has foreign/coastal operation permission from the competent authorities for the entire period of charter including optional periods.
80. Address commission @ 2.5% is payable by owners to charterers on 100% gross amount of actual charter hire, as and when paid. No address comission will be paid on off hire if any.
FOR AND ON BEHALF OF HINDUSTAN PETROLEUM CORPORATION LTD
AUTHORISED SIGNATORY
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