Charter for The Period of A Voyage
CHARTER
PARTY AGREEMENT is made at ...... this ..... day of ....... between M/s. AB
Shipping Co. Ltd. a company registered under the companies Act, 1956, and
having its registered office at ....... Hereinafter referred to as ‘the Owners
of the One Part and ...... M/s. XYZ & Co. Ltd., also a company registered under
the said act and having its registered Office at ..... hereinafter referred to
as ‘the Charterer’ of the Other Part;
WHEREAS:
1. The Owners fully own
a seagoing vessel by name .... Of ..... tons gross register, and registered at
the port of ..... under No. ...... hereinafter referred to as the said ‘Vessel’
and is more particularly described in the schedule hereunder written.
2. The Charterer has
offered to take and the Owners have agreed to let the Vessel on charter for a
fixed time on the following terms.
It
is now agreed by and between the parties as follows:-
1. The Owners, have let
and the Charterers take on hire the vessel together with her bunkers, stores,
and all articles and things lying therein for the period of a voyage from .....
to ...... commencing from the time the vessel is delivered and placed at the
disposal of the charterers at the Port of ...... in such available berth where
she can safely lie always afloat or safe aground where vessels of similar size
and draft are accustomed to lie in safety as the charterers may direct, she
being in every way fitted for ordinary cargo service.
2. The vessel will be
delivered to the Charterer at .... On the .... Day of ....
3. The vessel shall be
employed in lawful trades for the carriage pf lawful merchandise only. Damage
caused by the shipment of dangerous cargo of any kind whatsoever shall be on
Charterers’ account unless such damage is caused or contributed to by the
negligence of the owners or those for whom they are responsible.
4. The owners shall
provide and pay for all the provisions and wages, for insurance of the vessel,
for all deck and engine room stores and maintain her in a thoroughly efficient
state in hull and machinery for and during the service including winches and
cargo-handling gear. The winches of the ship shall be at the service of the
Charterers by day and night with full steam or other power when and as
required.
5. While the vessel is
on bay, the Charterers shall pay all port charges, pilot ages (whether
compulsory or not) canal steersmen, boat age, lights, tug assistance, consular
charges (except those pertaining to the master, officers and crew) canal, dock
and other dues and charges, water for all purposes except water ballast, also
all dock, harbor and tonnage dues at the ports of delivery and re-delivery
(unless incurred through cargo carried before delivery of after re-delivery),
agencies, commissions, and shall also arrange and pay for loading, stowing
(including dunnage and shifting boards excepting any already on board)
unloading, weighing, tallying and delivery of cargo (including overtime)
surveys on hatches, meals supplied to officials and men in their service.
6. If by reason of the
nature of the cargo carried hereunder fumigation is required by the sanitary
authorities the expenses of such fumigation and any resulting detention will be
for the Charterers’ account.
7. The charterers shall
pay the cost of bunkers consumed during the currency of this charter while the
vessel is on bay at the actual cost to owners of fuel on board at the time of delivery
or if additional fuel is purchased and taken on board after delivery, at a
price calculated at an average of the actual cost to the owners of all fuel on
board at the time of delivery and purchased and taken on board during the
period of this charter.
8. The master of the
vessel shall give Charterers or such person as they may nominate prompt notice
of arrival at discharging port. The vessel shall discharge at such berth or
place as Charterers may direct where she can safely lie always afloat or safe aground
where vessels of similar size and draft are accustomed to lie in safety.
9. The Charterers shall
pay, every seven days, with the balance on re-delivery, freight in cash
calculated at the rate of Rs..... per day and pro rata for the period of the
voyage commencing ...... and continuing until re-delivery at ..... on
completion of discharge of cargo, such re-delivery (unless otherwise agreed or
vessel is used for Owner's account) to take place between ..... on ordinary
working days or between ..... on ..... days.
10. If the vessel is lost
before completion of discharge, the Charterers shall pay as freight a lump sum
calculated as above up to and inclusive of the day of loss, or, in missing, up
to and inclusive of the day of probable loss. Should the vessel become a
constructive total loss such loss shall be deemed to have occurred on the day
of the casualty resulting in such loss.
11. Where vessel in
unable to sail from her discharging berth after completion of discharge by
reason of nearing that is low tides a sum equivalent to the daily rate as above
shall be paid in addition by way of demurrage for each day of detention and pro
rata.
12. The whole reach and
burthen of the vessel, including lawful deck capacity shall be at the
Charterers’ disposal, reserving proper and sufficient space for the vessel’s
master, officers, crew, tackle, apparel, furniture, provisions and stores.
13. The Charterers shall
furnish the master with all instructions and sailing directions and the master
and engineer shall keep full and correct logs accessible to the Charterers or
their agents.
14. The owners shall
furnish the Charterers with full extracts of logs and time sheet relating to
the voyage when rendering account for freight, etc.
15. The Owners undertake
that the master of the vessel shall prosecute the voyage with the utmost
dispatch and render customary assistance with the vessel’s crew.
16. 16. In the event of
dry docking or other necessary measures to maintain the efficiency of the
vessel, deficiency of men or owner's stores, breakdown of machinery, damage to
hull or other accident, either hindering or preventing the working of the
vessel and continuing for more than twenty four consecutive hours, no freight
need be paid in respect of any time lost thereby during the period in which the
vessel is unable to perform the service immediately required.
17. Section 2 of the
Carriage of Goods by Sea Act, XXIV 1925 and rule 1 of Article III of the Rules
contained in the schedule thereto shall apply to this charter party as if it
were a "contract of carriage" as defined in that Schedule and rules 1
and 2 of Article IV in the said schedule shall apply as if the owners were
"carriers" as therein defined.
18. The vessel may work
day and night as required. The Charterers shall reimburse the owners for
payments made to officers and crew calculated according to the hours and rate
stated in the vessel’s articles, for any overtime which may by incurred on
Charterers’ work at loading or discharging port.
19. The owners shall have
a lien upon all cargo and sub-freights belonging to the Charterers and any bill
of lading freight, for all claims under this charter.
20. All salvage and
assistance to other vessels shall be for the owners’ benefit after deducting
the master’s and crew’s proportion and all legal and other expenses including freight
paid under this charter for time lost in the salvage, also repairs for damage
and coal or oil fuel consumed. The Charterers shall be bound by all measures
taken by the Owners in order to secure payment of salvage and to fix its
amount.
21. The vessel shall have
liberty to comply with any orders or directions as to departure, arrival,
routes, ports of cell, stoppages, destination, delivery or otherwise howsoever,
given by the government of India or any department thereof or any person acting
or purporting to act with the authority of the government or of any department
thereof or any person acting or purporting to act with the authority of the
government or of any department thereof or by any committee or person having,
under the terms of the war risks’ insurance on the vessel, the right to give
such orders or directions and if by reason of and in compliance with any such
order or directions anything is done or is not done, the same shall not be
deemed a deviation, and delivery in accordance with such orders or directions
shall be a fulfillment of the contract voyage and the freight shall be paid
accordingly.
22. The vessel shall be
reported and/or cleared at the custom house at loading port by ..... agents and
at discharging port by .... Agents.
23. Should the vessel not
be delivered by the day of ...... the Charterers shall have the option of
canceling this agreement.
24. If the vessel cannot
be delivered by the canceling date, the Charterers, if required, shall declare
within forty-eight hours after receiving notice thereof whether they cancel or
will take delivery of the vessel.
25. General average shall
be settled according to York Antwerp Rules 1950.
IN
WITNESS WHEREOF
the parties have put their hands and seals the day and year first hereinabove
written.
Signed
and sealed for and on behalf)
of
the owners AB Shipping Co. Ltd.,)
by
its Managing Director Mr. .......)
duly
authorized, in the presence of)
Signed
and sealed for and on behalf of)
the
Charterers Mr. X & Co. Ltd. by its)
Managing
Director Mr. ...... duly)
authorised
in the presence of .......)
