Haytham
TIME CHARTERNew York Produce Exchange Form Issued by the Association of Ship Brokers and Agents (U.S.A.), Inc. November 6th, 1913 - Amended October 20th, 1921; August 6th, 1931; October 3rd, 1946; Revised June 12th, 1981; September 14th 1993. THIS CHARTER PARTY, made and concluded in [ ] on [ ] Between [ ] Owners of the Vessel described below, and [ ] Charterers.Description of VesselName [ ] Flag [ ] Built [ ] (year).Port and number of Registry [ ] Classed [ ] in [ ] Deadweight [ ] long*/metric* tons (cargo and bunkers, including freshwater and stores not exceeding [ ] long*/metric* tons) on a salt water draft of [ ] on summer freeboard.Capacity [ ] cubic feet grain [ ] cubic feet bale space.Tonnage [ ] GT/GRT.Speed about [ ] knots, fully laden, in good weather conditions up to and including maximum Force [ ] on the Beaufort wind scale, on a consumption of about [ ] long*/metric* tons of [ ] * Delete as appropriate.For further description see Appendix "A" (if applicable) 1.Duration The Owners agree to let and the Charterers agree to hire the Vessel from the time of delivery for a period of [ ] within below mentioned trading limits. 2.DeliveryThe Vessel shall be placed at the disposal of the Charterers at [ ] The Vessel on her delivery shall be ready to receive cargo with clean-swept holds and tight, staunch, strong and in every way fitted for ordinary cargo service, having water ballast and with sufficient power to operate all cargo-handling gear simultaneously. The Owners shall give the Charterers not less than [ ] days notice of expected date of delivery. 3.On-Off Hire SurveyPrior to delivery and redelivery the parties shall, unless otherwise agreed, each appoint surveyors, for their respective accounts, who shall not later than at first loading port/last discharging port respectively, conduct joint on-hire/off-hire surveys, for the purpose of ascertaining quantity of bunkers on board and the condition of the Vessel. A single report shall be prepared on each occasion and signed by each surveyor, without prejudice to his right to file a separate report setting forth items upon which the surveyors cannot agree. If either party fails to have a representative attend the survey and sign the joint survey report, such party shall nevertheless be bound for all purposes by the findings in any report prepared by the other party. On-hire survey shall be on Charterers' time and off-hire survey on Owners' time. 4.Dangerous Cargo/Cargo Exclusions(a)The Vessel shall be employed in carrying lawful merchandise excluding any goods of a dangerous, injurious, flammable or corrosive nature unless carried in accordance with the requirements or recommendations of the competent authorities of the country of the Vessel's registry and of ports of shipment and discharge and of any intermediate countries or ports through whose waters the Vessel must pass. Without prejudice to the generality of the foregoing, in addition the following are specifically excluded: livestock of any description, arms, ammunition, explosives, nuclear and radioactive materials, [ ] (b)If IMO-classified cargo is agreed to be carried, the amount of such cargo shall be limited to [ ] tons and the Charterers shall provide the Master with any evidence he may reasonably require to show that the cargo is packaged, labelled, loaded and stowed in accordance with IMO regulations, failing which the Master is entitled to refuse such cargo or, if already loaded, to unload it at the Charterers' risk and expense. 5.Trading LimitsThe Vessel shall be employed in such lawful trades between safe ports and safe places within [ ] excluding [ ] as the Charterers shall direct. 6.Owners to ProvideThe Owners shall provide and pay for the insurance of the Vessel, except as otherwise provided, and for all provisions, cabin, deck, engine-room and other necessary stores, including boiler water; shall pay for wages, consular shipping and discharging fees of the crew and charges for port services pertaining to the crew; shall maintain the Vessel's class and keep her in a thoroughly efficient state in hull, machinery and equipment for and during the service, and have a full complement of officers and crew. 7.Charterers to ProvideThe Charterers, while the Vessel is on hire, shall provide and pay for all the bunkers except as otherwise agreed; shall pay for port charges (including compulsory watchmen and cargo watchmen and compulsory garbage disposal), all communication expenses pertaining to the Charterers' business at cost, pilotages, towages, agencies, commissions, consular charges (except those pertaining to individual crew members or flag of the Vessel), and all other usual expenses except those stated in Clause 6, but when the Vessel puts into a port for causes for which the Vessel is responsible (other than by stress of weather), then all such charges incurred shall be paid by the Owners. Fumigations ordered because of illness of the crew shall be for the Owners' account. Fumigations ordered because of cargoes carried or ports visited while the Vessel is employed under this Charter Party shall be for the Charterers' account. All other fumigations shall be for the Charterers' account after the Vessel has been on charter for a continuous period of six months or more. The Charterers shall provide and pay for necessary dunnage and also any extra fittings requisite for a special trade or unusual cargo, but the Owners shall allow them the use of any dunnage already aboard the Vessel. Prior to redelivery the Charterers shall remove their dunnage and fittings at their cost and in their time. 8.Performance of Voyages(a)The Master shall perform the voyages with due despatch, and shall render all customary assistance with the Vessel's crew. The Master shall be conversant with the English language and (although appointed by the Owners) shall be under the orders and directions of the Charterers as regards employment and agency; and the Charterers shall perform all cargo handling, including but not limited to loading, stowing, trimming, lashing, securing, dunnaging, unlashing, discharging, and tallying, at their risk and expense, under the supervision of the Master.(b)If the Charterers shall have reasonable cause to be dissatisfied with the conduct of the Master or officers, the Owners shall, on receiving particulars of the complaint, investigate the same, and, if necessary, make a change in the appointments. 9.Bunkers(a)The Charterers on delivery, and the Owners on redelivery, shall take over and pay for all fuel and diesel oil remaining on board the Vessel as hereunder. The Vessel shall be delivered with: [ ] long*/metric* tons of fuel oil at the price of [ ] per ton; [ ] tons of diesel oil at the price of [ ] per ton. The vessel shall be redelivered with: [ ] tons of fuel oil at the price of [ ] per ton; [ ] tons of diesel oil at the price of [ ] per ton. * Same tons apply throughout this clause.(b)The Charterers shall supply bunkers of a quality suitable for burning in the Vessel's engines and auxiliaries and which conform to the specification(s) as set out in Appendix A. The Owners reserve their right to make a claim against the Charterers for any damage to the main engines or the auxiliaries caused by the use of unsuitable fuels or fuels not complying with the agreed specification(s). Additionally, if bunker fuels supplied do not conform with the mutually agreed specification(s) or otherwise prove unsuitable for burning in the Vessel's engines or auxiliaries, the Owners shall not be held responsible for any reduction in the Vessel's speed performance and/or increased bunker consumption, nor for any time lost and any other consequences. 10.Rate of Hire/Redelivery Areas and NoticesThe Charterers shall pay for the use and hire of the said Vessel at the rate of $ [ ] U.S. currency, daily, or $ [ ] U.S. currency per ton on the Vessel's total deadweight carrying capacity, including bunkers and stores, on [ ] summer freeboard, per 30 days, commencing on and from the day of her delivery, as aforesaid, and at and after the same rate for any part of a month; hire shall continue until the hour of the day of her redelivery in like good order and condition, ordinary wear and tear excepted, to the Owners (unless Vessel lost) at [ ] unless otherwise mutually agreed. The Charterers shall give the Owners not less than [ ] days notice of the Vessel's expected date and probable port of redelivery. For the purpose of hire calculations, the times of delivery, redelivery or termination of charter shall be adjusted to GMT. 11.Hire Payment(a) PaymentPayment of Hire shall be made so as to be received by the Owners or their designated payee in [ ], viz [ ] in [ ] currency, or in United States Currency, in funds available to the Owners on the due date, 15 days in advance, and for the last month or part of same the approximate amount of hire, and should same not cover the actual time, hire shall be paid for the balance day by day as it becomes due, if so required by the Owners. Failing the punctual and regular payment of the hire, or on any fundamental breach whatsoever of this Charter Party, the Owners shall be at liberty to withdraw the Vessel from the service of the Charterers without prejudice to any claims they (the Owners) may otherwise have on the Charterers. At any time after the expiry of the grace period provided in Sub-clause 11 (b) hereunder and while the hire is outstanding, the Owners shall, without prejudice to the liberty to withdraw, be entitled to withhold the performance of any and all of their obligations hereunder and shall have no responsibility whatsoever for any consequences thereof, in respect of which the Charterers hereby indemnify the Owners, and hire shall continue to accrue and any extra expenses resulting from such withholding shall be for the Charterers' account. (b) Grace PeriodWhere there is failure to make punctual and regular payment of hire due to oversight, negligence, errors or omissions on the part of the Charterers or their bankers, the Charterers shall be given by the Owners [ ] clear banking days (as recognized at the agreed place of payment) written notice to rectify the failure, and when so rectified within those [ ] days following the Owners' notice, the payment shall stand as regular and punctual. Failure by the Charterers to pay the hire within [ ] days of their receiving the Owners' notice as provided herein, shall entitle the Owners to withdraw as set forth in Sub-clause 11 (a) above. (c) Last Hire PaymentShould the Vessel be on her voyage towards port of redelivery at the time the last and/or the penultimate payment of hire is/are due, said payment(s) is/are to be made for such length of time as the Owners and the Charterers may agree upon as being the estimated time necessary to complete the voyage, and taking into account bunkers actually on board, to be taken over by the Owners and estimated disbursements for the Owners' account before redelivery. Should same not cover the actual time, hire is to be paid for the balance, day by day, as it becomes due. When the Vessel has been redelivered, any difference is to be refunded by the Owners or paid by the Charterers, as the case may be. (d) Cash AdvancesCash for the Vessel's ordinary disbursements at any port may be advanced by the Charterers, as required by the Owners, subject to 2½ percent commission and such advances shall be deducted from the hire. The Charterers, however, shall in no way be responsible for the application of such advances. 12.BerthsThe Vessel shall be loaded and discharged in any safe dock or at any safe berth or safe place that Charterers or their agents may direct, provided the Vessel can safely enter, lie and depart always afloat at any time of tide. 13.Spaces Available(a)The whole reach of the Vessel's holds, decks, and other cargo spaces (not more than she can reasonably and safely stow and carry), also accommodations for supercargo, if carried, shall be at the Charterers' disposal, reserving only proper and sufficient space for the Vessel's officers, crew, tackle, apparel, furniture, provisions, stores and fuel.(b)In the event of deck cargo being carried, the Owners are to be and are hereby indemnified by the Charterers for any loss and/or damage and/or liability of whatsoever nature caused to the Vessel as a result of the carriage of deck cargo and which would not have arisen had deck cargo not been loaded. 14.Supercargo and MealsThe Charterers are entitled to appoint a supercargo, who shall accompany the Vessel at the Charterers' risk and see that voyages are performed with due despatch. He is to be furnished with free accommodation and same fare as provided for the Master's table, the Charterers paying at the rate of [ ] per day. The Owners shall victual pilots and customs officers, and also, when authorized by the Charterers or their agents, shall victual tally clerks, stevedore's foreman, etc., Charterers paying at the rate of per meal for all such victualling. 15.Sailing Orders and LogsThe Charterers shall furnish the Master from time to time with all requisite instructions and sailing directions, in writing, in the English language, and the Master shall keep full and correct deck and engine logs of the voyage or voyages, which are to be patent to the Charterers or their agents, and furnish the Charterers, their agents or supercargo, when required, with a true copy of such deck and engine logs, showing the course of the Vessel, distance run and the consumption of bunkers. Any log extracts required by the Charterers shall be in the English language. 16.Delivery/CancellingIf required by the Charterers, time shall not commence before [ ] and should the Vessel not be ready for delivery on or before [ ] but not later than [ ] hours, the Charterers shall have the option of cancelling this Charter Party. Extension of Cancelling - If the Owners warrant that, despite the exercise of due diligence by them, the Vessel will not be ready for delivery by the cancelling date, and provided the Owners are able to state with reasonable certainty the date on which the Vessel will be ready, they may, at the earliest seven days before the Vessel is expected to sail for the port or place of delivery, require the Charterers to declare whether or not they will cancel the Charter Party. Should the Charterers elect not to cancel, or should they fail to reply within two days or by the cancelling date, whichever shall first occur, then the seventh day after the expected date of readiness for delivery as notified by the Owners shall replace the original cancelling date. Should the Vessel be further delayed, the Owners shall be entitled to require further declarations of the Charterers in accordance with this Clause. 17.Off HireIn the event of loss of time from deficiency and/or default and/or strike of officers or crew, or deficiency of stores, fire, breakdown of, or damages to hull, machinery or equipment, grounding, detention by the arrest of the Vessel, (unless such arrest is caused by events for which the Charterers, their servants, agents or subcontractors are responsible), or detention by average accidents to the Vessel or cargo unless resulting from inherent vice, quality or defect of the cargo, drydocking for the purpose of examination or painting bottom, or by any other similar cause preventing the full working of the Vessel, the payment of hire and overtime, if any, shall cease for the time thereby lost. Should the Vessel deviate or put back during a voyage, contrary to the orders or directions of the Charterers, for any reason other than accident to the cargo or where permitted in Clause 22 hereunder, the hire is to be suspended from the time of her deviating or putting back until she is again in the same or equidistant position from the destination and the voyage resumed therefrom. All bunkers used by the Vessel while off hire shall be for the Owners' account. In the event of the Vessel being driven into port or to anchorage through stress of weather, trading to shallow harbors or to rivers or ports with bars, any detention of the Vessel and/or expenses resulting from such detention shall be for the Charterers' account. If upon the voyage the speed be reduced by defect in, or breakdown of, any part of her hull, machinery or equipment, the time so lost, and the cost of any extra bunkers consumed in consequence thereof, and all extra proven expenses may be deducted from the hire. 18.SubletUnless otherwise agreed, the Charterers shall have the liberty to sublet the Vessel for all or any part of the time covered by this Charter Party, but the Charterers remain responsible for the fulfillment of this Charter Party. 19.DrydockingThe Vessel was last drydocked [ ](a)*The Owners shall have the option to place the Vessel in drydock during the currency of this Charter at a convenient time and place, to be mutually agreed upon between the Owners and the Charterers, for bottom cleaning and painting and/or repair as required by class or dictated by circumstances. (b)*Except in case of emergency no drydocking shall take place during the currency of this Charter Party. * Delete as appropriate 20.Total LossShould the Vessel be lost, money paid in advance and not earned (reckoning from the date of loss or being last heard of) shall be returned to the Charterers at once. 21.ExceptionsThe act of God, enemies, fire, restraint of princes, rulers and people, and all dangers and accidents of the seas, rivers, machinery, boilers, and navigation, and errors of navigation throughout this Charter, always mutually excepted. 22.LibertiesThe Vessel shall have the liberty to sail with or without pilots, to tow and to be towed, to assist vessels in distress, and to deviate for the purpose of saving life and property. 23.LiensThe Owners shall have a lien upon all cargoes and all sub-freights and/or sub-hire for any amounts due under this Charter Party, including general average contributions, and the Charterers shall have a lien on the Vessel for all monies paid in advance and not earned, and any overpaid hire or excess deposit to be returned at once. The Charterers will not directly or indirectly suffer, nor permit to be continued, any lien or encumbrance, which might have priority over the title and interest of the Owners in the Vessel. The Charterers undertake that during the period of this Charter Party, they will not procure any supplies or necessaries or services, including any port expenses and bunkers, on the credit of the Owners or in the Owners' time. 24.SalvageAll derelicts and salvage shall be for the Owners' and the Charterers' equal benefit after deducting Owners' and Charterers' expenses and crew's proportion. 25.General AverageGeneral average shall be adjusted according to York-Antwerp Rules 1974, as amended 1990, or any subsequent modification thereof, in [ ] and settled in [ ] currency. The Charterers shall procure that all bills of lading issued during the currency of the Charter Party will contain a provision to the effect that general average shall be adjusted according to York-Antwerp Rules 1974, as amended 1990, or any subsequent modification thereof and will include the "New Jason Clause" as per Clause 31. Time charter hire shall not contribute to general average. 26.NavigationNothing herein stated is to be construed as a demise of the Vessel to the Time Charterers. The Owners shall remain responsible for the navigation of the Vessel, acts of pilots and tug boats, insurance, crew, and all other matters, same as when trading for their own account. 27.Cargo ClaimsCargo claims as between the Owners and the Charterers shall be settled in accordance with the Inter-Club New York Produce Exchange Agreement of February 1970, as amended May, 1984, or any subsequent modification or replacement thereof. 28.Cargo Gear and LightsThe Owners shall maintain the cargo handling gear of the Vessel which is as follows: Type here providing gear (for all derricks or cranes) capable of lifting capacity as described. The Owners shall also provide on the Vessel for night work lights as on board, but all additional lights over those on board shall be at the Charterers' expense. The Charterers shall have the use of any gear on board the Vessel. If required by the Charterers, the Vessel shall work night and day and all cargo handling gear shall be at the Charterers' disposal during loading and discharging. In the event of disabled cargo handling gear, or insufficient power to operate the same, the Vessel is to be considered to be off hire to the extent that time is actually lost to the Charterers and the Owners to pay stevedore stand-by charges occasioned thereby, unless such disablement or insufficiency of power is caused by the Charterers' stevedores. If required by the Charterers, the Owners shall bear the cost of hiring shore gear in lieu thereof, in which case the Vessel shall remain on hire. 29.Crew OvertimeIn lieu of any overtime payments to officers and crew for work ordered by the Charterers or their agents, the Charterers shall pay the Owners, concurrently with the hire [ ] per month or pro rata. 30.Bills of Lading(a)The Master shall sign the bills of lading or waybills for cargo as presented in conformity with mates or tally clerk's receipts. However, the Charterers may sign bills of lading or waybills on behalf of the Master, with the Owner's prior written authority, always in conformity with mates or tally clerk's receipts.(b)All bills of lading or waybills shall be without prejudice to this Charter Party and the Charterers shall indemnify the Owners against all consequences or liabilities which may arise from any inconsistency between this Charter Party and any bills of lading or waybills signed by the Charterers or by the Master at their request.(c)Bills of lading covering deck cargo shall be claused: "Shipped on deck at Charterers', Shippers' and Receivers' risk, expense and responsibility, without liability on the part of the Vessel, or her Owners for any loss, damage, expense or delay howsoever caused." 31.Protective ClausesThis Charter Party is subject to the following clauses all of which are also to be included in all bills of lading or waybills issued hereunder: (a) CLAUSE PARAMOUNT "This bill of lading shall have effect subject to the provisions of the Carriage of Goods by Sea Act of the United States, the Hague Rules, or the Hague-Visby Rules, as applicable, or such other similar national legislation as may mandatorily apply by virtue of origin or destination of the bills of lading, which shall be deemed to be incorporated herein and nothing herein contained shall be deemed a surrender by the carrier of any of its rights or immunities or an increase of any of its responsibilities or liabilities under said applicable Act. If any term of this bill of lading be repugnant to said applicable Act to any extent, such term shall be void to that extent, but no further." and(b) BOTH-TO-BLAME COLLISION CLAUSE "If the ship comes into collision with another ship as a result of the negligence of the other ship and any act, neglect or default of the master, mariner, pilot or the servants of the carrier in the navigation or 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 insofar as such loss or liability represents loss of, or damage to, or any claim whatsoever of the owners of said goods, paid or payable by the other or non-carrying ship or her owners to the owners of said goods and set off, recouped or recovered by the other or non-carrying ship or her owners as part of their claim against the carrying ship or carrier. The foregoing provisions shall also apply where the owners, operators or those in charge of any ships or objects other than, or in addition to, the colliding ships or objects are at fault in respect to a collision or contact." and(c) NEW JASON CLAUSE "In the event of accident, danger, damage or disaster before or after the commencement of the voyage resulting from any cause whatsoever, whether due to negligence or not, for which, or for the consequences of which, the carrier is not responsible, by statute, contract, or otherwise, the goods, shippers, consignees, or owners of the goods shall contribute with the carrier in general average to the payment of any sacrifices, losses, or expenses of a general average nature that may be made or incurred, and shall pay salvage and special charges incurred in respect of the goods. If a salving ship is owned or operated by the carrier, salvage shall be paid for as fully as if salving ship or ships belonged to strangers. Such deposit as the carrier or his agents may deem sufficient to cover the estimated contribution of the goods and any salvage and special charges thereon shall, if required, be made by the goods, shippers, consignees or owners of the goods to the carrier before delivery." and(d) U.S. TRADE - DRUG CLAUSE "In pursuance of the provisions of the U.S. Anti Drug Abuse Act 1986 or any re-enactment thereof, the Charterers warrant to exercise the highest degree of care and diligence in preventing unmanifested narcotic drugs and marijuana to be loaded or concealed on board the Vessel. Non-compliance with the provisions of this clause shall amount to breach of warranty for consequences of which the Charterers shall be liable and shall hold the Owners, the Master and the crew of the Vessel harmless and shall keep them indemnified against all claims whatsoever which may arise and be made against them individually or jointly. Furthermore, all time lost and all expenses incurred, including fines, as a result of the Charterers' breach of the provisions of this clause shall be for the Charterer's account and the Vessel shall remain on hire. Should the Vessel be arrested as a result of the Charterers' non-compliance with the provisions of this clause, the Charterers shall at their expense take all reasonable steps to secure that within a reasonable time the Vessel is released and at their expense put up the bails to secure release of the Vessel. The Owners shall remain responsible for all time lost and all expenses incurred, including fines, in the event that unmanifested narcotic drugs and marijuana are found in the possession or effects of the Vessel's personnel." and(e) WAR CLAUSES "(i)No contraband of war shall be shipped. The Vessel shall not be required, without the consent of the Owners, which shall not be unreasonably withheld, to enter any port or zone which is involved in a state of war, warlike operations, or hostilities, civil strife, insurrection or piracy whether there be a declaration of war or not, where the Vessel, cargo or crew might reasonably be expected to be subject to capture, seizure or arrest, or to a hostile act by a belligerent power (the term "power" meaning any de jure or de facto authority or any purported governmental organization maintaining naval, military or air forces). (ii)If such consent is given by the Owners, the Charterers will pay the provable additional cost of insuring the Vessel against hull war risks in an amount equal to the value under her ordinary hull policy but not exceeding a valuation of [ ]. In addition, the Owners may purchase and the Charterers will pay for war risk insurance on ancillary risks such as loss of hire, freight disbursements, total loss, blocking and trapping, etc. If such insurance is not obtainable commercially or through a government program, the Vessel shall not be required to enter or remain at any such port or zone. (iii)In the event of the existence of the conditions described in (i) subsequent to the date of this Charter, or while the Vessel is on hire under this Charter, the Charterers shall, in respect of voyages to any such port or zone assume the provable additional cost of wages and insurance properly incurred in connection with master, officers and crew as a consequence of such war, warlike operations or hostilities. (iv)Any war bonus to officers and crew due to the Vessel's trading or cargo carried shall be for the Charterers' account." 32.War CancellationIn the event of the outbreak of war (whether there be a declaration of war or not) between any two or more of the following countries: [ ] either the Owners or the Charterers may cancel this Charter Party. Whereupon, the Charterers shall redeliver the Vessel to the Owners in accordance with Clause 10; if she has cargo on board, after discharge thereof at destination, or, if debarred under this Clause from reaching or entering it, at a near open and safe port as directed by the Owners; or, if she has no cargo on board, at the port at which she then is; or, if at sea, at a near open and safe port as directed by the Owners. In all cases hire shall continue to be paid in accordance with Clause 11 and except as aforesaid all other provisions of this Charter Party shall apply until redelivery. 33.IceThe Vessel shall not be required to enter or remain in any icebound port or area, nor any port or area where lights or lightships have been or are about to be withdrawn by reason of ice, nor where there is risk that in the ordinary course of things the Vessel will not be able on account of ice to safely enter and remain in the port or area or to get out after having completed loading or discharging. Subject to the Owners' prior approval the Vessel is to follow ice-breakers when reasonably required with regard to her size, construction and ice class. 34.RequisitionShould the Vessel be requisitioned by the government of the Vessel's flag during the period of this Charter Party, the Vessel shall be deemed to be off hire during the period of such requisition, and any hire paid by the said government in respect of such requisition period shall be retained by the Owners. The period during which the Vessel is on requisition to the said government shall count as part of the period provided for in this Charter Party. If the period of requisition exceeds [ ] months, either party shall have the option of cancelling this Charter Party and no consequential claim may be made by either party. 35.Stevedore DamageNotwithstanding anything contained herein to the contrary, the Charterers shall pay for any and all damage to the Vessel caused by stevedores provided the Master has notified the Charterers and/or their agents in writing as soon as practical but not later than 48 hours after any damage is discovered. Such notice to specify the damage in detail and to invite Charterers to appoint a surveyor to assess the extent of such damage.(a)In case of any and all damage(s) affecting the Vessel's seaworthiness and/or the safety of the crew and/or affecting the trading capabilities of the Vessel, the Charterers shall immediately arrange for repairs of such damage(s) at their expense and the Vessel is to remain on hire until such repairs are completed and if required passed by the Vessel's classification society.(b)Any and all damage(s) not described under point (a) above shall be repaired at the Charterers' option, before or after redelivery concurrently with the Owners' work. In such case no hire and/or expenses will be paid to the Owners except and insofar as the time and/or the expenses required for the repairs for which the Charterers are responsible, exceed the time and/or expenses necessary to carry out the Owners' work. 36.Cleaning of HoldsThe Charterers shall provide and pay extra for sweeping and/or washing and/or cleaning of holds between voyages and/or between cargoes provided such work can be undertaken by the crew and is permitted by local regulations, at the rate of [ ] per hold. In connection with any such operation, the Owners shall not be responsible if the Vessel's holds are not accepted or passed by the port or any other authority. The Charterers shall have the option to re-deliver the Vessel with unclean/unswept holds against a lumpsum payment of [ ] in lieu of cleaning. 37.TaxesCharterers to pay all local, State, National taxes and/or dues assessed on the Vessel or the Owners resulting from the Charterers' orders herein, whether assessed during or after the currency of this Charter Party including any taxes and/or dues on cargo and/or freights and/or sub-freights and/or hire (excluding taxes levied by the country of the flag of the Vessel or the Owners). 38.Charterers' ColorsThe Charterers shall have the privilege of flying their own house flag and painting the Vessel with their own markings. The Vessel shall be repainted in the Owners' colors before termination of the Charter Party. Cost and time of painting, maintaining and repainting those changes effected by the Charterers shall be for the Charterers' account. 39.Laid Up Returns The Charterers shall have the benefit of any return insurance premium receivable by the Owners from their underwriters as and when received from underwriters by reason of the Vessel being in port for a minimum period of 30 days if on full hire for this period or pro rata for the time actually on hire. 40.DocumentationThe Owners shall provide any documentation relating to the Vessel that may be required to permit the Vessel to trade within the agreed trade limits, including, but not limited to certificates of financial responsibility for oil pollution, provided such oil pollution certificates are obtainable from the Owners' P & I club, valid international tonnage certificate, Suez and Panama tonnage certificates, valid certificate of registry and certificates relating to the strength and/or serviceability of the Vessel's gear. 41.Stowaways(a)(i) The Charterers warrant to exercise due care and diligence in preventing stowaways in gaining access to the Vessel by means of secreting away in the goods and/or containers shipped by the Charterers. (ii) If, despite the exercise of due care and diligence by the Charterers, stowaways have gained access to the Vessel by means of secreting away in the goods and/or containers shipped by the Charterers, this shall amount to breach of charter for the consequences of which the Charterers shall be liable and shall hold the Owners harmless and shall keep them indemnified against all claims whatsoever which may arise and be made against them. Furthermore, all time lost and all expenses whatsoever and howsoever incurred, including fines, shall be for the Charterers' account and the Vessel shall remain on hire. (iii) Should the Vessel be arrested as a result of the Charterers' breach of charter according to sub-clause (a)(ii) above, the Charterers shall take all reasonable steps to secure that, within a reasonable time, the Vessel is released and at their expense put up bail to secure release of the Vessel. (b)(i) If, despite the exercise of due care and diligence by the Owners, stowaways have gained access to the Vessel by means other than secreting away in the goods and/or containers shipped by the Charterers, all time lost and all expenses whatsoever and howsoever incurred, including fines, shall be for the Owners' account and the Vessel shall be off hire. (ii) Should the Vessel be arrested as a result of stowaways having gained access to the Vessel by means other than secreting away in the goods and/or containers shipped by the Charterers, the Owners shall take all reasonable steps to secure that, within a reasonable time, the Vessel is released and at their expense put up bail to secure release of the Vessel. 42.SmugglingIn the event of smuggling by the Master, Officers and/or crew, the Owners shall bear the cost of any fines, taxes, or imposts levied and the Vessel shall be off hire for any time lost as a result thereof. 43.CommissionsA commission of percent is payable by the Vessel and the Owners to on hire earned and paid under this Charter, and also upon any continuation or extension of this Charter. 44.Address CommissionAn address commission of [ ] percent is payable to [ ] on hire earned and paid under this Charter. 45.Arbitration (a)*NEW YORK All disputes arising out of this contract shall be arbitrated at New York in the following manner, and subject to U.S. Law: One Arbitrator is to be appointed by each of the parties hereto and a third by the two so chosen. Their decision or that of any two of them shall be final, and for the purpose of enforcing any award, this agreement may be made a rule of the court. The Arbitrators shall be commercial men, conversant with shipping matters. Such Arbitration is to be conducted in accordance with the rules of the Society of Maritime Arbitrators Inc. For disputes where the total amount claimed by either party does not exceed US $ [ ] ** the arbitration shall be conducted in accordance with the Shortened Arbitration Procedure of the Society of Maritime Arbitrators Inc. (b)*LONDONAll disputes arising out of this contract shall be arbitrated at London and, unless the parties agree forthwith on a single Arbitrator, be referred to the final arbitrament of two Arbitrators carrying on business in London who shall be members of the Baltic Mercantile & Shipping Exchange and engaged in Shipping, one to be appointed by each of the parties, with power to such Arbitrators to appoint an Umpire. No award shall be questioned or invalidated on the ground that any of the Arbitrators is not qualified as above, unless objection to his action be taken before the award is made. Any dispute arising hereunder shall be governed by English Law. For disputes where the total amount claimed by either party does not exceed US $ [ ] ** the arbitration shall be conducted in accordance with the Small Claims Procedure of the London Maritime Arbitrators Association. *Delete para (a) or (b) as appropriate ** Where no figure is supplied in the blank space this provision only shall be void but the other provisions of this clause shall have full force and remain in effect. If mutually agreed, clauses [ ] to [ ], both inclusive, as attached hereto are fully incorporated in this Charter Party. APPENDIX "A"To Charter Party dated [ ]Between [ ] Ownersand [ ] CharterersFurther details of the Vessel: [ ]
烟台东信国际镜舟18053504109
35000远洋散货2012年和57000远洋散货2011年,需要木匠1700美金,大厨2000-2100美金,没有服务生,水头2000-2100美金,有木匠,专职服务生工资900-1000美金, 实习生做服务生工资600不需要mlc 实习机工 工资400-500美金 船期年初 到2月份之间,长期需要
一帆风顺
售:2009年近海4000马力供给船,浙江造,主机:宁动6300/1471kw*2,尺寸:51*10*4.3,带侧推,甲板有效尺寸;228平方,供水230方,供油260吨,船级CCS电联15064482720王
莫失莫忘
[政府官方]美国:https://sanctionssearch.ofac.treas.gov/欧盟:https://sanctionsmap.eu/#/main英国:https://search-uk-sanctions-list.service.gov.uk/联合国:https://main.un.org/securitycouncil/en/content/un-sc-consolidated-list[第三方]opensactions全球整合检索(数据来源可靠,目前正在与官方网站结合试用中):https://www.opensanctions.org/datasets/sanctions/
莫失莫忘
诉讼仲裁定义诉讼是指争议双方通过向法院提起诉讼来解决纠纷。法院在处理争议时会根据法律进行裁判,具有强制性。诉讼程序严格,通常适用于各种法律纠纷,包括刑事、民事、商事、劳动等领域。仲裁是一种双方自愿选择的争议解决方式。争议双方在仲裁机构(如仲裁委员会)进行纠纷裁决,仲裁员会根据双方提交的证据和事实做出裁决。仲裁具有一定的灵活性和保密性,通常适用于商业合同、劳动争议等领域。程序诉讼受理机构为法院,法院是国家审判机关。审判人员依法律授予的权力代表国家行使国家审判权。民事诉讼则实行严格的级别管辖和地域管辖制度。案件向哪个法院起诉由法律规定,当事人一般无权自由选择。只有合同纠纷、涉外合同或涉外财产权益纠纷,当事人才可以在一定范围内协议选择法院管辖,但必须选择与争议有实际联系地的法院管辖,且不得违反民事诉讼法关于级别管辖和专属管辖的规定。仲裁受理机构为仲裁委员会。仲裁委员会是社会团体法人,不隶属于任何行政机构,是民间机构。仲裁员是从具有法律专业知识、经济贸易知识、品行端正的人员中聘任的。仲裁程序的当事人不仅可以选择仲裁员,甚至仲裁地点、仲裁机构、仲裁规则、仲裁事项都可以选择,当事人享有很大的自主权。仲裁实行协议管辖制度,既能保证有效地避免行政干预和地方保护主义的干扰,又能有效地保障仲裁当事人的合法权益。受理条件一方当事人只要侵害了他方的民事权益,他方就享有了是否到法院起诉的决定权,而不论侵权一方是否同意,符合法定条件法院就必须受理。申请仲裁应当同时具备下列条件:1. 有仲裁协议2. 有具体的仲裁请求和事实、理由3. 属于仲裁委员会的受理范围。仲裁协议包括合同中订立的仲裁条款和其他以书面形式在纠纷发生前或纠纷发生后达成的请求仲裁的协议,其内容应包括:请求仲裁的意思表示、仲裁事项、选定的仲裁委员会。如没有仲裁协议,一方当事人申请仲裁的,仲裁委员会不予受理。仲裁委员会只能仲裁财产纠纷,不能仲裁人身关系纠纷。时间诉讼程序会因不同的情况而可能会导致整个案件要走完所有的诉讼程序。一般的案件情况是一审程序终结后上诉进入二审程序,二审裁判后发生法律效力,再而进入执行程序;也有二审审理过程中发现法定的情形而发回重审的,或者二审生效后,一方提起审判监督程序继续进行诉讼,导致案件进入马拉松式运动的状态,持续1-2年左右。 仲裁具有一裁终局的特点,在没有被人民法院依法撤销的前提下案件一次裁决就可以进入执行程序,通过仲裁机构的仲裁程序解决争议的效率要比人民法院通过诉讼程序解决争议的效率要高一些。上仲规则规定的审理时间是四个月。专业性法院的法官往往只具有法律的专业知识,对纠纷所涉的专业知识不一定非常了解,在事实认定上可能存在不足。仲裁机构的仲裁员通常既具社会威望、又具备权威的相关专业知识且熟悉法律规范,能从专业角度和法律角度全面解决纠纷,案件的审理结果通常更具权威性和说服力。以上海仲裁委员会为例,其聘请了1991名仲裁员,来自111个国家和地区,覆盖了全部东盟和RCEP国家以及77个“一带一路”沿线国家和地区,具有扎实法律功底和建设工程、房地产、金融、知识产权、海事海商等民商事领域的资深专业水准,可以使用42种语言进行仲裁。费用以550万美元为标的额,诉讼费约33000美元。诉讼费有退回的可能,仲裁费几乎没有。以550万美元为标的额,仲裁受理费和处理费合计40000美元。总体而言,仲裁所花费的成本更大。保密性人民法院审理,一般应当公开进行,但涉及国家秘密、个人隐私或法律另有规定的,不公开审理。离婚案件、涉及商业秘密的案件,当事人申请不公开审理的,可以不公开审理。如果公司与上下游企业产生诉讼,则公司的贷款银行、合作伙伴、投资人、收购方从网上都能查询到涉诉信息,合作通常会受到影响。仲裁一般不公开进行,但当事人可协议公开,但涉及国家秘密的除外。同时,仲裁裁决书不在裁判文书网上公开。国内保全和执行法院诉讼保全的操作一般是完成保全后再通知对方当事人,若能查封对方的财产,有利于在诉讼中给对方施加压力。法院做出的生效法律文书(判决书、调解书等),执行庭应当执行,执行庭不得审查生效法律文书认定的事实、适用的法律规定、诉讼中的证据是否合法,在执行中遇到的障碍相对较小。仲裁委无法保全,需通过法院,保全的程序相对繁琐,还存在保全法院和仲裁委不在同一地区的情况。并且,仲裁庭一般在受理案件后很快通知对方当事人仲裁案件,若此时未完成保全,则对方收到通知后转移财产,不利于后续的执行。对仲裁裁决书申请执行,法院执行庭除了对仲裁程序是否合法,还可对仲裁程序的证据进行审查。执行庭可对裁决中的实体问题进行核查,并决定是否执行该裁决。国际保全和执行由于缺乏已全面生效的国际公约,中国法院判决目前尚无法依靠国际公约在其他国家得到承认和执行。内国法院判决在他国的承认和执行就只能依靠其他途径实现,主要包括1. 两国双边司法协助条约2. 两国互惠关系3. 被申请国国内法律中的相关规定。目前约40个国家与中国签订了类似协定。国际间订立《承认及执行外国仲裁裁决公约》,即《纽约公约》,并于1959年6月7日生效。《纽约公约》约定,各缔约国之间应当依照公约约定互相承认和执行其他缔约国之仲裁裁决,唯当存在公约第五条第一款及第二款所述之情形时,方可拒绝承认和执行。1987年,中国在声明互惠保留和商事保留的前提下正式加入《纽约公约》。截至2024年12月,公约缔约国(含国家和地区)已达172个,这为公约在全球有效推进仲裁裁决的承认和执行奠定了坚实的基础,进而使得国际商事纠纷的解决越来越流行以国际仲裁的方式进行。仲裁裁决国际可执行性比诉讼判决更强,这是其无可替代的优势。法院不可以法律错误或事实错误为由拒绝承认和执行外国仲裁裁决,不能对外国仲裁裁决进行实质审查。附:纽约公约签约国Contracting StateSignatureRatification, Accession (a), Succession (d)AfghanistanAlbaniaAlgeriaAndorraAngolaAntigua and BarbudaArgentinaArmeniaAustraliaAustriaAzerbaijanBahamasBahrainBangladeshBarbadosBelarusBelgiumBelizeBeninBhutanBolivia (Plurinational State of)Bosnia and Herzegovina2BotswanaBrazilBrunei DarussalamBulgariaBurkina FasoBurundiCabo VerdeCambodiaCameroonCanadaCentral African RepublicChileChina3ColombiaComorosCook IslandsCosta RicaCôte d'IvoireCroatia2CubaCyprusCzech Republic4Democratic Republic of the CongoDenmarkDjiboutiDominicaDominican RepublicEcuadorEgyptEl SalvadorEstoniaEthiopiaFijiFinlandFranceGabonGeorgiaGermany5,6GhanaGreeceGuatemalaGuineaGuyanaHaitiHoly SeeHondurasHungaryIcelandIndiaIndonesiaIran (Islamic Republic of)IraqIrelandIsraelItalyJamaicaJapanJordanKazakhstanKenyaKuwaitKyrgyzstanLao People's Democratic RepublicLatviaLebanonLesothoLiberiaLiechtensteinLithuaniaLuxembourgMadagascarMalawiMalaysiaMaldivesMaliMaltaMarshall IslandsMauritaniaMauritiusMexicoMonacoMongoliaMontenegro7MoroccoMozambiqueMyanmarNepalNetherlands (Kingdom of the)New ZealandNicaraguaNigerNigeriaNorth Macedonia2,8NorwayOmanPakistanPalauPanamaPapua New GuineaParaguayPeruPhilippinesPolandPortugal9QatarRepublic of KoreaRepublic of MoldovaRomaniaRussian FederationRwandaSan MarinoSao Tome and PrincipeSaudi ArabiaSenegalSerbia2SeychellesSierra LeoneSingaporeSlovakia4Slovenia2South AfricaSpainSri LankaSt. Vincent and the GrenadinesState of PalestineSudanSurinameSwedenSwitzerlandSyrian Arab Republic10TajikistanThailandTimor-LesteTongaTrinidad and TobagoTunisiaTürkiyeTurkmenistanUgandaUkraine11,12United Arab EmiratesUnited Kingdom of Great Britain and Northern Ireland13United Republic of TanzaniaUnited States of AmericaUruguayUzbekistanVenezuela (Bolivarian Republic of)Viet NamZambiaZimbabwe
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