06 Jul Charter Agreement
Article 1-Section 1 ;
Place and history
Bearing/commercial center (Kl.1)
Commuters / commercial center (Kl.1)
The ship’s name (Kl.1)
GT / NT(Kl.1)
Summer line load capacity over M/Ton – dwt (Kl.1)
The location of the ship as of the present time (Kl.1)
Estimated loading readiness date (Kl.1)
The loading port or location (Kl.1)
Unloading port or location (Kl.1)
Load (if agreed, specify the amount and share in the carrying option; register “partial load” if the full and sufficient load is not agreed) (Kl.1)
The amount of freight (specify whether the freight will be paid in advance or at the delivery of the freight (Kl.1)
Freight payment (type of foreign currency, type of payment, specify the beneficiary and bank account number (Kl.1)
If the ship’s winches are not to be used, please indicate this (Kl.1)
Fill a) and b) if the total time for loading and unloading is determined, fill only c) if the total time for loading and unloading is determined (Kl. 6)
(a) starya time for loading
(b) Starya time for discharge
(C) Total Time for loading and unloading
Installer/commercial center (Kl.6)
Agency (Loading) (Kl.6)
Agency (Discharge) (Kl.6)
Amount of charge-payment method (loading and unloading) (Kl.7)
Date of termination (Kl.9)
Place of joint average apportionment (Kl.12)
Freight tax (specify the carrier’s account) (Kl. 13c)
Broker commission and to whom it will be paid (Kl.14)
Subject to law and arbitration (Kl.19 (A), (B) or (C) indicate which is selected; (C) indicate the location of the arbitration, if accepted) (19 (a) will be valid if not filled (Kl.19)
Specify a ceiling for limited compensation/abbreviated arbitration (Kl.19)
Additional clauses relating to special rules, if agreed upon
This document, in which the contract consists of 2 parts, is mutually agreed that it will be executed within the framework of written conditions. 1 in the case of contradiction and bounded by contradiction. Conditions found in Section 2. They have the upper hand according to the conditions in the Department.
The Bearer Of The Vehicle
1.5. name in Box, 6. Gros and crisp tone in the box, 7. Summer load carrying capacity over metric tons in the box, 8. 9 with his current position in the box. 3 of the ship in which a contract in the box stated the date on which it would be ready to load, presumably. 4 with the bearer whose name is mentioned in the box. The following points were agreed among the commuters shown in the box.
Said ship, as soon as the previous commitments are fulfilled 10. 12.where the vehicle is obliged to deliver to the nearest place, provided that it is able to reach the loading port (ports) or docks (docks) specified in the box or safely and always remain floating. 11.in accordance with the instructions given at the time of the signing of the bill of lading, the vehicle shall receive the full and adequate load (if agreed, the risk and responsibility for the deck load shall be on the vehicle) as specified in the box and shall be loaded. The unloading shown in the box will go to the nearest place to deliver the cargo, provided that it can reach its hope or berth safely and remain floating at all times.
Article 2-liability clause of the carrier ;
It is only responsible for the loss, damage or delay in delivery of the cargo, if he or the manager he or she is assigned to make the vessel seaworthy in all respects, to dispose of icing, to provide fuel, oil and food supplies, to take the necessary care to find the seafarers, or if there is a personal defect or negligence of him or the.
The carrier shall not be liable for any damage, damage or delay caused by the failure or negligence of the captain or other shipowners or other persons employed on board or shore for which the carrier is responsible for its actions in respect of this clause, or by the ship’s seaworthiness during loading or at the start of the voyage or at any
Article 3-deviation clause ;
Ship any order for any reason without being subject to any port or ports to stop by, watch the grid position on the other ship to take or help to life and/or property are free to deviate for the purpose of saving.
Article 4-payment of freight;
(a) provision for freight received on board 13. Calculated on the unit in the box.
(b) advance payment: freight, 13. If the box is to be paid after loading, it will be considered accrued and will not be refunded whether the ship and/or lost.
Unless it is actually paid, the carrier or its agent may not claim the bill of lading, which includes the registration that the freight is paid in advance.
(c) payment on delivery: 13. The freight payable at the port of destination in accordance with the box, or a portion thereof, does not accrue until the cargo is delivered. In such a case, despite the provision in (a), the vessel shall be notified to the carrier without berthing and if the weight/quantity of the cargo is determined by an official scale or jointly conducted water cut measurement or scoreboard, the carrier may pay the freight on the weight/quantity delivered.
If requested, under the condition of an additional percentage … (%…) in respect of insurance and other expenses, the carrier shall make an advance on the highest daily exchange rate for the usual expenses of the vessel at the loading port.
Article 5-loading / unloading ;
The carrier brings, loads, stacks and/or fixes, keeps its scoreboard, constants and/or immobilizes, and takes and empties the cargo without any risk, liability or expense belonging to the carrier in any way. The vehicle is responsible for the removal of the support icing following the unloading of the cargo carried in accordance with this contract and pays the costs incurred on the basis of this reason, and the time count continues until the removal of this icing.
It is agreed that no cranes shall be used unless the ship is without a winch, and that 15. Unless stated in the box, the carrier shall have the cranes of the ship used in the course of loading/unloading activities, without any compensation, and shall provide the necessary energy for this. The cranes will be operational. The time lost due to crane failure or power failure-in proportion to the total cranes required for loading/unloading in accordance with this contract – shall not be counted as starya and speedboat time unless it is caused by the fault of the hoarders. If requested, the operator shall procure for the use of the cranes from among the carrying crew, without any provision. If local legislation prevents this, workers supplied from the coast will work for the vehicle. Crane operators operate to be at risk and responsibility of the vehicle, as hoarders are considered as the auxiliary person of the vehicle, on the other hand they are always under the supervision of the captain.
(c) damages caused by hoarders
The carrier is responsible for the damage caused by hoarders to any part of the ship (which cannot be considered as a normal wear). However, if the captain does not report such damage to the vehicle or its agent and hoarders as soon as possible, the vehicle shall not be held liable. The captain will endeavour to obtain a written document from the hoarder regarding the acceptance of responsibility.
The carrier is obliged to repair any Hoarder damage prior to the completion of the voyage and must repair any Hoarder damage affecting the seaworthiness or class of the ship before leaving the port where it occurred or where it was determined. All additional costs incurred for this reason belong to the vehicle and due to the lost time the vehicle will pay the carrier via the speedometer unit.
Article 6-Starya period ;
(a) independent starya time for loading and unloading:
Payload 16 if weather permits. It is loaded and unloaded at the specified number of uninterrupted days/hours in the box. In case of activity on Sunday and holiday days, the time used will be counted, otherwise the days will not be taken into account.
(b) joint starya period for loading and unloading:
Freight 16 if weather permits. It is loaded and unloaded at the specified number of uninterrupted days/hours in the box. If Sunday and holiday days are worked, the time used will be counted, otherwise these days will not be taken into account.
(c) the beginning of the Starya period (loading and unloading):
Starya time preparation notice hours ….. if given until the hour …. e, it’s … .if given within working hours after, the next working day will start at…… hours. Notice name at the port of shipment 17. If there is no name in the box, the carrier and the name 18. If this is not known, the vehicle and its name are 19. Located in the box is done to the agent.
If all the docks here are busy at the time the ship reaches the loading/unloading port or its border, the ship may issue a notice of preparation within working hours, whether in free practice or not, whether customs procedures have been completed or not. If it is declared by the captain that the ship is actually ready for loading/unloading, the starboard and speedboat periods shall act as if the ship has docked and is ready for loading/unloading in all respects. The time taken to reach the waiting area will not be counted from starya.
If, at the end of the inspection, it is determined that the ship is not ready for loading/unloading, the period from now until the ship is ready again shall not be counted as starya.
The time used before the start of the starya period participates in the count.
Specify which alternatives (A) and (b) are selected in the box.
Article 7 – Laytime ;
The speed charge at the loading and unloading port to be paid by the commuters is 20. It is calculated proportionally over the unit specified in the box and for any fraction of the day or per day as indicated here. The invoice for the charge of the speedboat which will accrue per day shall be paid when it reaches the vehicle, otherwise it shall be uninterrupted in writing to the vehicle carrying it …. within hours, the payment will be made within the notice. The carrier shall have the right to terminate the contract at any time and to claim the damages suffered by this way if the ship is in the port of loading or is waiting outside the port of loading if the rate of charge has not been paid at the end of this period.
Article 8 – pledge clause ;
The carrier shall have the right to pledge on the freight and all sub-freight payable for the freight, including the costs incurred for the collection of the freight, the Dead-Freight, the speed charge, the compensation rights for the losses incurred and all sums incurred in accordance with this convention.
Article 9 – termination clause ;
(a) ship 21. The carrier shall have the right to terminate this agreement if it is not ready to load on the date of termination (whether docked or not) written in the box.
(B) if the carrier believes that, despite due diligence, the vessel cannot be ready to load on the date of termination, it shall notify the vehicle without delay the estimated date at which the vessel will be ready to load and ask whether it shall exercise its right of termination and accept a new date of termination.
The commuters shall exercise their right of choice in this matter … within hours of receiving the notice of the bearer. If the carrier does not exercise the right of termination, this contract shall be deemed amended and the carrier shall be notified following the estimated date of preparation for loading ….. the day is considered the new termination date.
The rule in sub clause (b) works only once, and in the event of a further delay of the ship, the carrier shall have the right to terminate this agreement in accordance with sub clause (a).
Article 10-Konishmentos ;
The contracts are issued using the 1994 version of the “Congenbill” form, without prejudice to this Agreement, and are signed by the carrier’s agent, provided that the captain or the carrier has given a certificate of authority in writing (this document is also sent to the vehicle). The carrier shall indemnify the carrier for any and all consequences and liability arising out of or in connection with the expansion or alteration of the contractual liability of the carrier due to the content and conditions of the signed contracts.
Article 11-joint liability clause in conflict ;
If the ship is in conflict with another vessel for any defect or negligence in the technical administration or administration of the captain, shipowner, Navigator or carrier’s auxiliary persons, as well as the defect of the other vessel, the concerned shall indemnify and assume full responsibility for all damages paid or paid or offset by the other vessel and its icings, or the vessel carrying the
The above provisions shall apply to any other vessel or vessel or object carrying, operating or authorized persons other than the vessels in conflict, or in addition to any other vessel or vessel or object which may cause interference with or defect in contact.
Article 12-common average and new jason clause ;
Joint average apportionment, otherwise 22. Unless agreed upon in the box, it is done in London and according to the York-Antwerp rules of 1994, or a later form of these rules. The overhead is paid by those involved in the load, even if these costs are due to the fault or negligence of the carrier’s co-workers.
If the common average apportionment is to be made in accordance with American law and practice, the following clause becomes operational. Before or after the start of the journey; the flaw, even including due to any reason whatsoever, (carry law, contract or other defect or the defect is due to a source is not responsible for the consequences of an accident, danger, damage or disaster should occur, yukleten, submitted or made the owner of the load to be made at all the quality or general average sacrifice, loss, and the recovery of the share of the burden and share it with those costs-the private costs will pay for help. If the salvaging vessel is owned or operated by the carrier, the rescue-assistance fee shall be paid in full as if it were owned by a foreign person. If requested, the amount of collateral that the carrier or its agent deems sufficient in respect of the approximate participation share, rescue-assistance fee and special expenses that will fall to the cargo will be provided by the cargo, the carrier, the sender or the owner of the cargo before delivery.
Article 13-tax and fees clause ;
(a) those belonging to the ship: the carrier shall pay all fees, costs and taxes, which are incurred by the ship according to the customs, no matter how the amount is determined.
(b) those belonging to the load: no matter how the amount is determined, the vehicle pays all debts, expenses and taxes that fall on the load according to the customs.
(c) those belonging to the freight: 23. Unless otherwise agreed in the box, freight taxes are paid by the vehicle.
Article 14-Agency ;
In any case, the carrier may specify its own agent for both the loading and unloading port.
Article 15-commission fee ;
24 of the eligible freight, Dead Freight and speed charge. The rate specified in the box will be paid to the party mentioned here again as a commission fee. If the contract is not executed, the resulting party shall pay the minimum /minimum of the commission fee which falls on the estimated amount of freight to the broker in return for the costs and labor.. your lair will pay. In the case of more than one journey, compensation is mutually determined.
Article 16-general strike clause ;
(a) if, at the time the ship is ready to depart from its last port to the loading port, or at any stage of the voyage to the loading port or port, or at the time the ship reaches the loading port, the actual taking of the cargo or part of it is affected or prevented by a strike or lockout, the captain or In writing (with Telegram if necessary) …. the carrier shall have the right to terminate this agreement if it does not notify within hours. If a part of the load is loaded, the carrier has to start the voyage with that load (the freight is paid only on the amount loaded) but is free to take another load on his own account on the way.
(b) the actual discharge of the cargo or part of it as soon as it reaches the port of discharge or the limit thereof is affected or prevented by a strike or lockout …. if terminated within hours, half the ship demurrage fee after the period starya tasitani offload, offloading the work to strike and lockout pay the fee after the end of the strike or lockout is completed with the condition that until full demurrage or to wait until the end of the captain or the carrier from a state of strike or lockout to report tasitana …. it has the right to send the cargo safely to a safe port where it can be unloaded without the risk of a strike or lockout within hours. In the event that the cargo is delivered at such a port, the same amount of freight accrues as if the unloading was done at the original port, without prejudice to the terms of the contract and the konishmento. Distance to Port determined later …. if more than one nautical mile, the freight accrued over the cargo delivered here is increased at this rate.
Article 17-risks of War (*Voywar 1993)″) ;
(1) in respect of this clause
(a) the term” carrier ” includes the contractor for the operation of the vessel, the sub-carrier, the operator and the other persons involved in the management of the vessel, as well as the captain.
(b) “war risks” the term captain and/or reasonable according to the decision of the carrier, vessel, cargo, crew and ship become dangerous or hazardous or dangerous in terms of the other parties that may be able to any individual, community, a terrorist organization, a political group or the government in any level and the side where the shape is located (or which is a threat to actually existing start () all kinds of war-war movement, civil war, hostile attitude, revolution, insurrection, internal reciprocity, war-like act, (actually found or reported available) mine laying, piracy, hostile or malicious act, (against all ships or ships carrying certain flags, property or certain cargo or crew of certain nationality) covers the blockade.
(2) at any time before the vessel begins to load the captain and/or the fulfillment of this contract at the reasonable discretion of the carrier, vessel, cargo, crew or other parties faced with the risks of war on the ship if you leave, carrying can be found in the termination notice, or ships, cargo, crew or other parties faced with the risks of war on the ship may leave or partial leave may refrain from discharging, which may; if the vessel, cargo, crew or other persons on board the vessel may face or remain at risk of war at the ports or ports designated by the vehicle, the carrier may first ask the vehicle to designate any other safe harbor within the zone in question for loading and unloading, and the contract shall be concluded only after the may terminate within hours if a safe port or ports have not been identified.
(3) in the event that the vessel, cargo, shipmen or persons on board are likely to encounter one of the hazards set out in clause one, in accordance with the reasonable judgment of the captain and/or the carrier, the carrier shall not be obliged to continue the loading and to sign a konishmento, nor shall he be asked to begin or continue the voyage, to In such a case, the carrier shall ask the carrier to designate a safe port for unloading the cargo or part of it, and shall follow the delivery of it to the carrier …. if the carrier does not specify such a port within hours, the carrier (including the loading port) may discharge the cargo at any other port of his choice in the sense of absolute execution of this contract of carriage. The carrier shall have the right to request the additional costs of unloading, if this is a port other than the loading port, the full freight as if the cargo had been transported to the unloading port specified in the contract, and if there is a difference of more than … miles between the actual unloading port and the contractual unloading port (determined by the application of the
(4) in the event that the vessel, cargo, shipmen or other persons on board are likely to encounter war hazards on any part of the normal and usual route (including Strait or channel crossings) to be used for the purpose of fulfilling the contract, and the alternate route to the port of discharge is longer, the carrier shall notify the vehicle of the use of If the total additional distance is more than … Miles, the carrier shall be entitled to the freight related to the additional journey (determined by applying the contractual journey/additional journey distance ratio to the freight).
(a) ports or ports where the ship shall be located for the purpose of carrying out loading/unloading activities during the fulfillment of the contract, including instructions or recommendations made by the state government or any other government or authority or group competent to carry out the instructions or recommendations of which the carrier is or is subject to its laws,, to comply with all orders, instructions or recommendations given in matters such as the route it will use and the regions it will cross;
(b) to comply with all orders, instructions or recommendations of the insurance companies authorized in accordance with the terms of the insurance against the risks of War;
(C) to comply with all resolutions of the United Nations Security Council, all instructions of the European Community, All Orders of any other authority above the nations authorized in this regard, the legislation of the state to which the bearer is subject and has to comply with in respect of its fulfillment, and the orders and instructions of other organs,
(d) to unload all or part of the cargo at any other port, which may result in the confiscation of the vessel due to smuggling;
(e) to stop at any other port for the purpose of replacing the personnel or part of the vessel or other persons on board which are expected to face detention, imprisonment or other sanctions.;
(f) in cases where the cargo is not loaded or unloaded by the carrier in accordance with any provision of this clause, the carrier shall take another load on its account and carry it to other ports or ports other than the normal and usual route or in the opposite direction.
on is free.
(6) with (2) of this clause (5). if any matter has been or has not been fulfilled as a result of compliance with the rules between clauses, it shall be regarded as a proper performance of this convention, not as a deviation.
Article 18-General ice clauses ;
(a) if, as soon as the ship is ready for her journey from her last port to the loading port, or at any time of the voyage or at the time of the ship’s arrival at the loading port, it is not possible to enter here due to icing, or if there is Frost concern, the captain is free to leave without taking the load and
(B) if, according to the captain, it is necessary to leave the port with the amount that can be loaded to prevent the ship from becoming stranded in the port due to icing during loading, he shall be free to leave and go to any port or ports for loading on his account to any other port or port for In case of loss of other terms of the contract, in return for the freight calculated according to the amount of freight delivered (proportion in case of lump sum freight), the costs of the ship and without additional charges from the vehicle, the partial freight received in accordance with this contract is delivered to the destination.
(C) if there are more than one loading port and one or more of them is closed due to icing, the captain or the partial cargo carrying it is free to load at the open port, as specified in (b), to take the load on the account carrying it to the empty places, or to declare the contract void if the carrier at the open port does not
(a) if the vessel is unable to reach the port of discharge due to icing, from the point where the ship is being held until it is opened for a charge of speed, or from when the captain or the carrier reports the icing status …. within hours, the cargo has the right to be sent to a safe and immediately accessible port where it can be safely unloaded without the danger of icing.
(B) if, according to the captain, it is necessary to leave the port with the remaining amount in order to prevent the ship from becoming stranded in the port due to icing during unloading, he is free to leave and go to the nearest accessible port where the cargo can be safely unloaded.
(C) if the cargo is delivered in such a port, the freight will accrue in separate amounts as if the discharge had been done in the original port, without prejudice to the conditions in the konishmento. Distance to Port determined later …. if more than one nautical mile, the freight accrued over the cargo delivered here is increased at this rate.
Article 19-subject to law and arbitration ;
(A) this agreement ….. Law shall be governed by and shall be construed accordingly; this has resulted in a contract dispute if …… dated the arbitration regulations, or in connection with or replacement legislation, as amended by law of them …… also shall be subject to the arbitration procedure. If the parties fail to agree on a single arbitrator, each party shall elect an arbitrator and the designated arbitrator shall select the third arbitrator, so that a decision by a three-person delegation or a decision by a majority shall be final. From the receipt of one party’s written notice that it has designated the referee, the other party shall …. he shall determine his own umpire within the day, otherwise the decision of the only umpire designated shall be final. Compensation claimed by any of the parties 25. If the amount specified in the box does not exceed, the arbitration ….. It will be done within the framework of the limited compensation procedure regulated by the Maritime Referees Association.
(b) this convention ………………………………………………. subject to and shall be interpreted accordingly, in the event of a dispute arising from this agreement, subject to ………. the decision or majority decision shall be final and this Agreement shall be taken into consideration by the court during the execution of the decision. The procedure shall be governed by the rules of the Maritime Referees Association. Compensation claimed by any of the parties 25. If the arbitration does not exceed the amount stated in the box, the arbitration shall be conducted within the framework of an abbreviated arbitration procedure regulated by the Maritime Arbitration Association.
(c) any dispute arising out of this Agreement 25. It is subject to arbitration procedure in the place shown in the box and within the rules of procedure applicable here. 25. The legislation of the place shown in the box is valid in respect of this convention.
(d) 25. If the first part of the box has not been filled out, then clause (A) of this clause applies.
(a), (b), and (c) are alternatives, 25. The box shows which is accepted.
If there is no information in the first part of the box, this condition shall cease to be valid, but the other terms of this clause shall remain in effect and remain valid in all respects.
Name and surname of the carrier name and surname of the vehicle