Bargehire Terms: means the Bargehire Standard Barge Charter Party terms and Towcon Terms: means the Towcon International Ocean Towage. Page CHAPTER 6 Standard form contracts: (iv) the bimco “bargehire ” form Part A. The genesis of the “Bargehire” form The publication by BIMCO. The BIMCO BARGEHIRE 94 Standard Barge Bareboat Charter Party, as reproduced at the end of this article, is the final result of the work of the sub- committee.
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On the other hand, such new requirements may place an excessive burden on the Charterers, for instance, if compliance is required shortly before redelivery. Contact IT support on: In order to match the Charterers’ requirements for a wide initial period with the Owners’ need to ensure that their barge is efficiently utilised, sub-clause 6 b referred to in Box 18 provides a built-in mechanism for bargehre down the period within which bragehire barge is eventually to be placed at the Charterers’ disposal.
This will also enable the Owners to reconsider the financial implications of the substitution. Bearing this in mind there should, in principle, be no doubt that the barge Charterers are responsible for damage suffered by third parties bargeuire by the barge, damage to or by the cargo, and any liabilities arising out of the barge becoming a wreck or obstruction to navigation.
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If, therefore, subclause 16 i is applicable, i. Latest market analysis For all the latest market analysis on global shipping including macro economics, tanker, container and dry bulk.
The purpose of this Clause is to prevent the Charterers from financing their operation by offering suppliers a maritime lien on the barge. The port or place of delivery agreed shall be stated in Box You can login here. In this example, the last number of days which have been filled in as notice in this Box is “45”. Standard Escrow Agreement for Disputes 1. According to this Clause, the Charterers undertake not to employ the barge under terms which are not in conformity with the terms of insurance without first having obtained the consent to such employment from the insurers.
Thus, this paragraph provides that late redelivery shall entitle the Owners to the agreed charter rate or to the market rate for the period in question, whichever is the higher, increased by the lump sum penalty to be stated in Box 20 also applicable at late delivery. Contact Singapore Office on: Hence, it has been stipulated 4 in sub-clause a that the Charterers shall keep the Owners advised of the intended employment of the barge.
Clause 26 – Bank Guarantee This Clause, which is self-explanatory, is an optional clause and therefore only applicable if Box 28 is filled in. However, it is possible bargehure usual for the barge bareboat Charterers to be Co-assured on the Owners’ insurance policies and sub-clause 16 i a accordingly provides for this.
It should be stressed that sub-clause 16 ii is optional and is only to apply if expressly agreed and stated in Box 29, in the event of which sub-clause l6 i shall be considered deleted. If so, the Charterers at the request of the Owners shall apply to their insurers to include the Owners’ nominated principals as co-assured.
In line with common practice within bareboat chartering, and as a practical measure, it has been decided that the charter hire should be fixed at a lump sum rate per day and that the charter hire falls due and shall be paid monthly in advance on the first day of each month.
This Clause gives the Owners a right to inspect or survey the barge throughout the charter period, and it also provides for an equitable allocation of costs in connection herewith. Sub-clause bargehiire provides the Charterers with the right to extend the charter party by up to one-third of the agreed charter period or 45 days, whichever is the lesser. English case law indicates that if the Owners attempt to assign and transfer their obligations without the Charterers’ consent, the Owners will usually be considered in repudiatory breach of contract.
The number of days’ notice to be stated in Box 18 is then ” days”, and the delivery period also to be stated in this box is “60 days”.
Some of the boxes to be completed in Part I may call for special observations; however, in view of the fact that the details to be written into the boxes should be considered in light of the provisions in the corresponding clauses in Part II, it has been considered appropriate to make these observations together with the comments on the standard clauses in Part II.
Pursuant to this Clause the Owners undertake to deliver the barge described in Boxes 5 to 12 of Part I. The second paragraph of this Clause intends to cover contractually the Owners’ sale of the barge bwrgehire prior to delivery or during the performance of the charter, and the effect of such sale of the barge on the charter party commitments.
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Therefore, the purpose of this Clause is to ensure that, during such specialised operations which may pose a certain danger to the barge, a qualified ballast engineer is used.
Against bargehiree background, this paragraph barbehire provides that as from barfehire time the assignment has become effective the Owners shall be relieved from all obligations and liabilities under the charter, provided that the Charterers have been properly informed. Stay up to date? Reference is made to the observations made under Clause 20 Redelivery regarding late redelivery by the Charterers.
Clause 30 – Law and Arbitration In a standard charter party intended for use on a worldwide basis, it has not been considered reasonable to let the charter party be governed by one law system only or to fix only one venue of arbitration which may restrict the use of the charter party in practice.
The actual drafting of this new standard charter party was entrusted to a subcommittee composed of individuals with expert knowledge within the specific field of barge bareboat chartering and representing the various interests involved, i. For all the latest market analysis on global shipping including macro economics, tanker, container and dry bulk.
Clause 3 – Delivery The port bargehie place of delivery agreed shall be stated in Box Throughout the drafting work it was encouraging to receive a large number of proposals for improvements and amendments from trade interests and legal experts, and every suggestion and recommendation received has been carefully considered and, whenever possible, taken into account in the finalisation of the document. The provision should be seen against the background that, under a barge bareboat charter, the Owners have no influence on, nor are they responsible for, the management and the operation of the barge.
It is important to note that the ballast engineer is under the supervision of the Charterers and shall be deemed to be a servant of the Charterers. This Clause, which is self-explanatory, is an optional clause and therefore only applicable if Box 28 is filled in. Clause 9 – Excluded Cargoes This Clause specifically excludes the loading or carriage of nuclear fuels and radioactive material or waste, whereas the carriage of stone or similar cargo requires the Owners’ consent due to the additional wear and tear or excessive risk of damage such cargo may pose to the barge.
Therefore, and contrary to what is normally found in BIMCO standard documents, this Clause limits the Owners’ liability in the event they do not deliver the barge as agreed.
All items to be agreed for the particular charter and to be filled in by typewriter have been barggehire in boxes in Part I. Standard Escrow Agreement for Disputes.
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Clause 2 – Period of Charter Party Sub-clause b provides the Charterers with the right to extend the charter party by up to one-third of the agreed charter period or 45 days, whichever is the lesser. The problem has been logged. When negotiating the charter terms, Box 18 will also have to be filled in with the delivery period notification scheduleas follows: Only two Panamax bulkers demolished in Reflections Similarily, subclauses 16 ii g to 16 ii i duly reflect the contents of sub-clause 16 i.
In particular, in case of short-term charters it has not been felt appropriate that renewal of class should always fall upon the Charterers. The substituting barge shall be of an equivalent size and quality and, evidently, such substitution must not result in any delay and costs for the Charterers.
According to sub-clauses 16 ii c and 16 ii d the responsibility to effect repairs, including repairs not covered by the insurance, for instance, due to franchise or deductibles applicable under the terms of the insurances, also rests with the Charterers. Clause 25 – Assignment and Sub-Demise The first paragraph of this Clause gives the Charterers a right to subdemise or assign the barge provided that proper consent, which shall not be unreasonably withheld, has been obtained from the Owners in writing.
In order to minimise the risk of disputes it has been clearly stressed in which condition the Charterers must redeliver the barge. The Clause provides for optional law systems and venues of arbitration by leaving it to the contractual parties to make their own choice in each individual case and to fill in Box 35 accordingly.