Sample Copy Boxtime 2004
Sample Copy Boxtime 2004
Sample Copy Boxtime 2004
1. Shipbroker
BIMCO
STANDARD TIME CHARTER PARTY FOR CONTAINER VESSELS
CODE NAME: BOXTIME 2004
PART I
2. Place and Date
5. Vessels Name
Flag:
7. Call Sign/IMO Number
Year Built:
8. Specification (s) and Grade(s) of Fuel (Cl. 12(d) and Cl. 12(e))
Class:
12. Earliest Date of Delivery (local time) 13. Cancellation Date/Time (Cl. 1(c))
(Cl. 1(c))
* Speed and Consumption on Summer DWT fully laden in good weather, max.
windspeed 4Bft, max. Douglas Sea State 3
15. State number of days Notice of Place and Date of Redelivery (Cl. 5(b))
Copyright, published by
BIMCO, Copenhagen
continued
Printed and sold by Fr. G. Knudtzons Bogtrykkeri A/S, Vallensbaekvej 61, DK-2625 Vallensbaek. Fax: +45 4366 0708
(continued)
PART I
19. Period of Charter and Options, if any (Cl. 1(a) and Cl. 5)
21. Hire (Rate and currency) (Cl. 1(a) and Cl. 8(a))
24. Monthly Lumpsum for Supercargo, Communication Facilities and Victualling (Cl. 14(g))
29. Monthly Lumpsum for Replacement Cost for Vessels lost or damaged
lashings (Cl. 16(h))
30. Payment per man hour for Reefer Repair Work undertaken by Crew (Cl. 20)
32. Dispute Resolution (state (a), (b) or (c) of Cl. 26, as agreed; if (c) agreed also
state Place of Arbitration)(Cl. 26)
It is mutually agreed between the party mentioned in Box 3 (hereinafter referred to as the Owners) and the Party mentioned in Box 4 (hereinafter referred to as the
Charterers) that this Contract shall be performed in accordance with the conditions contained in PART I including additional clauses, if any agreed and stated in Box 34,
and PART II as well as PART III. In the event of a conflict of conditions, the provisions of PART I and PART III shall prevail over those of PART II to the extent of such conflict
but no further.
Signature (Owners)
Signature (Charterers)
2.
OWNERS UNDERTAKING
3.
TRADING LIMITS
(a) Trading Limits
(b) Excepted Countries
4.
5.
REDELIVERY
(a) Place of Redelivery
(b) Notice
(c) Cleanliness
(d) Final Voyage
6.
OWNERS OBLIGATIONS
(a) Lashings
(b) Crew Assistance
(c) Documentation
(d) Insurance of the Vessel
(e) Deratisation
(f)
Smuggling
7.
CHARTERERS OBLIGATIONS
(a) Provision of Details of Containers and Goods
(b) Stevedoring
(c) Lashings
(d) Condition of Containers
(e) Stowage in Containers
(f)
Stowage
(g) Operating Expenses
(h) Bunker Fuel
(i)
Agency Costs
(j)
Advances to Master
(k) Contraband
8.
9.
HIRE
(a) Rate
(b) Payment
(c) Default
(d) Deductions
(e) Redelivery Adjustment
OFF
(a)
(b)
(c)
(d)
HIRE
Unable to Comply with Instructions
Deviation
Requisitions
Addition to Charter Period
13.
MASTER
14.
CHARTERERS REQUIREMENTS
(a) Plans
(b) Flag, Funnel and Name
(c) Ballast Warranty
(d) Logs
(e) Witnesses
(f)
Replacement of Master and Officers
(g) Supercargo, Communication Facilities and Victualling
(h) Representation
(i)
Sub-Letting
(j)
Inspections
(k) Substitution and Sub-Contracting
(l)
Laid-Up Returns
15.
OWNERS REQUIREMENTS
(a) Maintenance
(b) General Average
(c) Salvage
(d) Liens
16.
SUNDRY MATTERS
(a) Watchmen
(b) Compulsory Garbage Removal
(c) Stowaways
(d) On/Off Hire Surveys
(e) Sub-Contractors
(f)
Anti-Drug Clause
(g) BIMCO Double Banking Clause
(h) Damage to Vessel/Equipment
(i)
BIMCO ISPS Clause for Time Charter Parties
17.
18.
CHARTERERS RESPONSIBILITIES/LIABILITIES
(a) Claims
(b) Claims Handling
(c) General Indemnity
(d) Agency
(e) General Average Exclusion
(f)
Claims Authority
(g) Personal Injury
19.
OWNERS RESPONSIBILITIES/LIABILITIES
(a) Containers and Goods
(b) Charterers Cargo
(c) Personal Injury
(d) Limitation of Liability
(e) Cargo Claim and Time Bar
(f)
Limitation Proceedings
20.
REFRIGERATED GOODS
21.
EXCEPTIONS
10.
LOSS OF VESSEL
22.
NAVIGATION
11.
23.
INSURANCES
(a) Hull and Machinery
(b) Protection and Indemnity (P&I)
(c) War Risks
(d) Maintenance of Insurances
24.
12.
BUNKER FUEL
(a) Quantity at Delivery/Redelivery
(b) Bunkering prior to Delivery/Redelivery
(c) Purchase Price
(d) Bunkering
(e) Liability
(f)
BIMCO Fuel Sulphur Content Clause
25.
26.
27.
COMMISSION
28.
NOTICES
PART II
BOXTIME 2004 Standard Time Charter Party for Container Vessels
It is agreed on the date shown in Box 2 between the party
named in Box 3 as the Owners of the Vessel named in Box 5
and the party named in Box 4 as the Charterers as follows:
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Owners Undertaking
The Owners undertake that, on delivery, the Vessel
shall be of the description set out in PARTS I and III
(Vessels Description) hereof.
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3.
Trading Limits
(a) Trading Limits: The Vessel shall be employed in
lawful trades within International Navigating Limits (INL)
and within the Trading Limits as indicated in Box 16 for
the carriage of lawful goods between safe ports or
places where she can safely lie always afloat.
(b) Excepted Countries: The Owners warrant that, at
the time of delivery, the Vessel has not traded to any
countries which would make the Vessel unacceptable
for calls at ports within the Trading Limits as indicated
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Redelivery
(a) Place of Redelivery: Unless otherwise agreed by
the Owners or provided elsewhere to the contrary, the
Charterers shall redeliver the Vessel at the Place of
Redelivery as stated in Box 14 in the same condition to
that pertaining when the Vessel was delivered, fair wear
and tear excepted, at the end of the period as indicated
in Box 19.
(b) Notice: Unless otherwise stated in Box 15, the
Charterers shall give the Owners minimum forty-five (45)
days notice of expected date of redelivery and redelivery
range, if applicable. Such notice shall be updated thirty
(30) days prior to expected date of redelivery at which
time the Charterers shall also nominate the definite Place
of Redelivery. Notice of expected date of redelivery shall
subsequently be updated ten (10), five (5) and two (2)
days prior to redelivery.
(c) Cleanliness: At the time of redelivery the Vessel
shall be clean and fit to load containers and goods.
(d) Final Voyage: The Charterers shall arrange the
Vessels trading so as to permit redelivery at the place
and in the period as indicated in Boxes 14 and 19,
respectively. If the Vessel is not chartered for a
minimum/maximum period and the Vessel is sent on a
final voyage reasonably calculated to allow redelivery
within such period at the Place of Redelivery, and the
voyage is prolonged for reasons beyond the Charterers
control, the Charterers shall have the use of the Vessel
at the rate and on the conditions of this Charter Party
for such extended time as may be required for
completion of said voyage and redelivery as aforesaid.
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Owners Obligations
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The Owners shall deliver the Vessel in the Class 129
indicated in Box 6 and in a thoroughly efficient state of 130
PART II
BOXTIME 2004 Standard Time Charter Party for Container Vessels
hull and machinery and shall exercise due diligence to
maintain the Vessel in such Class and in every way fit
for the service throughout the period of this Charter
Party.
The Owners shall provide and pay the costs of the
following:
(a) Lashings:
(i) The Owners shall supply and throughout the
currency of this Charter Party arrange for sufficient
lashings and securing equipment to facilitate the
proper lashing and securing of the maximum
number of containers which may be carried in
accordance with the details provided in Box 6 and
PART III (Vessels Description) hereto. The
Owners warrant that both the strength of the
lashings and the design of the lashing patterns
are adequate for stowage in accordance with the
Cargo Securing Manual and that these have been
approved by the Vessels Classification Society.
(See Clause 19(a)(iv))
(ii) The Master shall supervise the stevedores
undertaking the tasks outlined in Clause 7(b) and
ensure that all lashings are regularly checked
whilst at sea, weather permitting.
(b) Crew Assistance which shall include:
(i) preparing the Vessels cranes, derricks, winches
and/or cargo handling gear for use,
(ii) opening and closing any hatches (other than
pontoon type hatches), ramps and other means
of access to containers and goods,
(iii) docking, undocking and shifting operations in port,
(iv) bunkering,
(v) maintaining power during loading and discharging
operations,
(vi) instructing crane drivers and winchmen in use of
Vessels gear,
(vii) plugging/unplugging, monitoring and recording
performances of the Charterers refrigerated
containers and power packs, weather permitting.
(See Clause 20)
The above services shall be rendered by the crew if
required, provided port and local labour regulations
permit, and any overtime incurred shall be for the
account of the Owners.
(c) Documentation: Any documentation relating to the
Vessel as required at the commencement of this Charter
Party to permit the Vessel to trade within the Trading
Limits provided in Box 16, including but not limited to
international tonnage certificate, Suez and Panama
tonnage certificates, certificate of registry, certificates
relating to the Vessels gear and equipment and
certificates of financial responsibility for oil pollution as
long as such oil pollution certificates can be obtained
by the Owners in the market on ordinary commercial
terms. Such documentation shall be maintained during
the currency of this Charter Party as necessary. (See
Clause 11 (a))
(d) Insurance of the Vessel: (See Clause 23)
(e) Deratisation: The provision of certificates of
deratisation at the commencement of this Charter Party
and the renewal thereof throughout the currency of this
Charter Party, except if this is required as a result of
the Charterers containers and goods carried and/or
ports visited under this Charter Party, in which case all
expenses caused thereby shall be for the account of
the Charterers.
(f) Smuggling: In the event of smuggling by the
Master, Officers and/or crew, the Owners shall bear the
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Charterers Obligations
The Charterers shall provide and/or pay the costs of
and/or ensure the following throughout the currency
of this Charter Party:
(a) Provision of Details of Containers and Goods: The
provision of full and accurate details of containers and
goods (including any documentation required at any
ports of call), their weights and stowage positions to
the Master as early as possible but not later than upon
arrival at the port of loading, with regular updating
thereof and the provision of a full and accurate plan of
the stowage of all containers and goods actually loaded
prior to sailing. Such details shall include:
(i) gross weights of containers,
(ii) any feature of the goods requiring attention by
the crew during the voyage, including, but not
limited to, any hazardous or other dangerous
feature and/or the need for carriage within a
specified temperature range.
(b) Stevedoring: All stevedoring operations during the
currency of this Charter Party including, but not limited to,
receipt, loading, handling, stowing, lashing, securing,
unsecuring, unlashing, unstowing, discharging, tallying and
delivering of all containers and uncontainerised goods.
(c) Lashings: Should any additional or alternative
lashings to those supplied by the Owners be required,
these shall be supplied by the Charterers at their
expense and such additional or alternative lashings to
be classification society approved and in good working
order. Should the Charterers supply gear or equipment,
the Master shall keep a record and care for them. Such
gear or equipment shall be redelivered to the Charterers
in the same condition as when supplied fair wear and
tear excepted.
(d) Condition of Containers: All containers carried
pursuant to this Charter Party shall be constructed to a
design approved by a classification society and properly
maintained. Reefer containers shall have passed a pretrip inspection and shall be in good working order.
(e) Stowage in Containers: The proper and careful
loading, stowage, lashing and securing of the goods in
the containers (including securing to flat rack containers).
(f) Stowage: The Charterers shall ensure that
stowage is effected in accordance with the requirements
of this Charter Party and that stack and tier weights
and lashing gear break loads are not exceeded.
(g) Operating Expenses: All port charges, light and
canal dues, customary pilotage, towage, consular
charges, and all other charges and expenses relating
to the operation of the Vessel not otherwise provided
for in this Charter Party, other than charges or expenses
relating to the crew.
(h) Bunker Fuel: (See Clause 12)
(i) Agency Costs: All agency fees and expenses for
normal ships husbandry at all ports or places of call.
(j) Advances to Master: At ports where it is practically
possible the Charterers shall procure that their local
agents shall, upon request by the Master, make funds
available to him, which advances the Charterers may
recoup from the Owners by deduction from the hire
payments in accordance with Clause 8(d). Such
payments shall be subject to a 2 per cent. commission
payable to the Charterers.
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PART II
BOXTIME 2004 Standard Time Charter Party for Container Vessels
8.
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Hire
(a) Rate: The Charterers shall pay hire per day or pro
rata for any part of a day from the time the Vessel is
delivered to the Charterers until her redelivery to the
Owners, in the currency and at the rate stated in Box
21. All calculation of hire shall be made by reference to
UTC (Universal Time Coordinated).
(b) Payment: Subject to sub-clause (d) payment of
hire shall be made in advance in full, without discount
every 15 days to the Owners bank account designated
in Box 22 or to such other account as the Owners may
from time to time designate in writing, in funds available
to the Owners on the due date.
(c) Default: Where there is a failure to pay hire by the
due date, the Owners shall notify the Charterers in
writing of such failure. Within two (2) banking days (as
recognised at the place of payment stated in Box 22)
of receipt of such notification the Charterers shall pay
the amount due, failing which the Owners shall have
the right to suspend the performance of any or all of
their obligations under this Charter Party and/or to
withdraw the Vessel. If the Owners elect to suspend
performance of the Charter in respect of a particular
late payment, they may still, notwithstanding that
suspension of performance, withdraw the Vessel from
the Charter in respect of that late payment provided
they give a further twenty-four (24) hours notice in
writing of their intention to withdraw. Under no
circumstances shall the act of suspending performance
be construed as a waiver by the Owners of the right to
withdraw in respect of the continuing failure to pay hire
or any subsequent late payment of hire under this
Charter Party. Throughout any period of suspended
performance under this Clause, the Vessel is to be and
shall remain on hire. The Charterers undertake to
indemnify the Owners in respect of any liabilities
incurred by the Owners under the bill of lading, waybill
or any other contract of carriage as a consequence of
the Owners proper suspension of and/or withdrawal
from any or all of their obligations under this Charter
Party.
(d) Deductions: On production of supporting vouchers
the Charterers shall be entitled to deduct from the next
hire due any expenditure incurred on behalf of the
Owners under this Charter Party. If such expenditure
is incurred in a currency other than that in which hire is
payable, conversion into such currency for the purpose
of deduction shall be effected at the rate of exchange
prevailing on the date the expenditure was incurred.
(e) Redelivery Adjustment: Should the Vessel be on
her voyage towards the port or place of redelivery at
the time payment of hire becomes due, said payment
shall be made for the estimated time necessary to
complete the voyage, less the estimated value of the
fuels remaining on board at redelivery. When the Vessel
is redelivered to the Owners any undisputed difference
shall be refunded to or paid by the Charterers as
appropriate, but not later than thirty (30) days after
redelivery of the Vessel.
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Off Hire
After delivery in accordance with Clause 1 hereof, the
Vessel shall remain on hire until redelivered in
accordance with Clause 5, except for the following
periods:
(a) Unable to Comply with Instructions: If the Vessel
is unable to comply with the instructions of the
Charterers on account of:
(i) any damage, defect, breakdown, or deficiency of
the Vessels hull, machinery, equipment or repairs
or maintenance thereto, including drydocking,
excepting those occasions when Clauses 11(b)
and 16(h) apply,
(ii) any deficiency of the Master, Officers and/or crew,
including the failure, refusal or inability of the
Master, Officers and/or crew to perform service
immediately required, whether or not within the
control of the Owners,
(iii) arrest of the Vessel at the suit of a party where a
claim is not caused by the Charterers, their
servants, agents or sub-contractors (see Clause
6(f)),
(iv) any delay occasioned by any breach by the
Owners of any obligation or warranty in this
Charter Party,
(v) the terms of employment of Master, Officers and/
or crew,
then payment of hire shall cease for the time thereby
lost.
(b) Deviation: In the event of the Vessel deviating
(which expression includes putting back, or putting into
any port or place other than that to which the vessel is
bound under the instructions of the Charterers) other
than to save life or property, hire shall cease to be
payable from the commencement of such deviation until
the time when the Vessel is again ready to resume her
service from a position not less favourable to the
Charterers than that at which the deviation commenced,
provided always that due allowance shall be given to
the Owners for any distance made good towards the
Vessels destination and any bunkers saved. However,
should the Vessel alter course to avoid bad weather or
be driven into port or anchorage by stress of weather,
the Vessel shall remain on hire and all costs thereby
incurred shall be for the Charterers account.
(c) Requisitions: Should the Vessel be requisitioned
by any government or governmental authority during
the period of this Charter Party, it shall be off hire during
the period of such requisition and any hire or other
compensation paid by any government or governmental
authority in respect of such requisition shall be paid to
the Owners. However, the Charterers shall have the
option of cancelling the balance period of this Charter
Party, provided this option is exercised within 14 days
of receipt of notice of requisition.
(d) Addition to Charter Period: Any time during which
the Vessel is off hire under this Charter Party may be
added to the charter period, at the option of the
Charterers. Such option shall be declared not less than
two months before the earliest possible redelivery date
of the period in which the off hire occurred or, if less
than two months before the earliest possible redelivery
date, latest two weeks after the off hire period ended. If
the Charterers exercise their option to extend the charter
period pursuant to this sub-clause, the charter period
shall be deemed to include such extension and hire
shall be payable at the rate(s) which would otherwise
have been payable during each period of off hire.
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PART II
BOXTIME 2004 Standard Time Charter Party for Container Vessels
10.
Loss of Vessel
Should the Vessel be lost, or become a constructive
total loss, hire shall cease at 1200 UTC on the day of
her loss or constructive total loss, and if missing, from
1200 UTC on the date when last heard of, and any
hire paid in advance and not earned shall be returned
to the Charterers and payment of any hire due shall
be deferred until the Vessel is reported safe.
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12.
Bunker Fuel
(a) Quantity at Delivery/Redelivery: The Vessel shall
be delivered with about the quantity of fuels stated in
Box 9 and, unless indicated to the contrary in Box 10,
the Vessel shall be redelivered with about the same
quantity, provided that the quantity of fuels at redelivery
is at least sufficient to allow the Vessel to safely reach
the nearest port at which fuels of the required type or
better are available.
(b) Bunkering prior to Delivery/Redelivery: Provided
that it can be accomplished at scheduled ports, without
hindrance to the operation of the Vessel, and by prior
arrangement between the parties, the Owners shall
allow the Charterers to bunker for the account of the
Charterers prior to delivery and the Charterers shall
allow the Owners to bunker for the account of the
Owners prior to redelivery.
(c) Purchase Price: The Charterers shall purchase the
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PART II
BOXTIME 2004 Standard Time Charter Party for Container Vessels
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.
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13.
Master
The Master shall be conversant with the English
language and, although appointed by the Owners, shall
at all times during the currency of this Charter Party be
under the orders and directions of the Charterers as
regards employment, agency or other arrangements.
The Master shall prosecute all voyages with due
dispatch and supervise loading and discharging
operations to ensure that the seaworthiness of the
Vessel is not affected.
The Charterers recognize the principles stated in IMO
Resolution A.443(XI) as regards maritime safety and
protection of the marine environment and shall not
prevent the Master from taking any decision in this
respect which in his professional judgement is
necessary.
The Charterers may supply the Master with weather
routeing information during the currency of this Charter
Party. In this event the Master shall comply with the
reporting procedure of the Charterers weather routing
service.
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14.
Charterers Requirements
(a) Plans: The Owners shall, if the Charterers so
request, furnish the Charterers with the following
documents in English:
(i) General Arrangement Plan
(ii) Capacity Plan
(iii) Container Stowage Plan
(iv) Manual(s) for Lashing and Securing of Containers/
Cargo on Deck and (where the Vessel is not
cellular) Under-Deck. Such Manual(s) shall be
approved by the Vessels Classification Society
(v) Trim and Stability Book
(vi) Hydrostatic Curves Plan
(vii) Loading Scale
(viii) Tank Plan
and any other operational documents that the
Charterers may reasonably request and which are
necessary for the safe and efficient operation of the
Vessel. All documents received by the Charterers shall
be returned to the Owners on redelivery.
(b) Flag, Funnel and Name: The Charterers, if required,
shall be allowed to fly their house flag, paint the funnel in
the Charterers colours and/or the name of the Line on
the Vessels side, change the Vessels name, subject to
the authorities approval, all during the currency of this
Charter Party. If the Charterers elect to exercise any or
all of these options all alterations necessary shall be
effected during the Charterers time and at the Charterers
expense. Unless the Owners elect to waive this
requirement or enter into an alternative agreement with
the Charterers, the Vessel shall be returned to its
condition prior to the commencement of this Charter Party
at the Charterers expense before redelivery.
(c) Ballast Warranty: The Owners warrant that the
Vessel is capable of operating under this Charter Party
in ballast without requiring any solid ballast but using
fuel and water ballast only.
(d) Logs: The Owners shall maintain full deck, engine
room and, where appropriate, refrigeration logs in
English during the currency of this Charter Party and
561
562
563
564
565
566
567
568
569
570
571
572
573
574
575
576
577
578
579
580
581
582
583
584
585
586
587
588
589
590
591
592
593
594
595
596
597
598
599
600
601
602
603
604
605
606
607
608
609
610
611
612
613
614
615
616
617
618
619
620
621
622
623
624
625
626
627
628
629
630
631
632
633
634
635
636
637
638
639
640
641
642
643
644
645
646
647
648
649
650
651
652
653
654
655
656
657
658
659
660
661
662
663
664
665
666
667
668
PART II
BOXTIME 2004 Standard Time Charter Party for Container Vessels
15.
669
670
671
672
673
674 16.
675
676
677
678
679
680
681
682
683
684
685
686
687
688
689
690
691
692
693
694
695
696
Owners Requirements
(a) Maintenance: Without prejudice to the provisions
of Clause 9(a)(i), the Owners have the right to take the
Vessel out of service at any time for emergency repairs,
and by prior arrangement with the Charterers for routine
maintenance, including drydocking. The Owners shall
endeavour to accommodate the Charterers requirements
in determining the timing of such maintenance and the
Charterers shall endeavour to accommodate the Owners
choice of location for maintenance.
(b) General Average: General average shall be
adjusted at the place as indicated in Box 31 according
to the York-Antwerp Rules 1994.
(c) Salvage: All salvage and assistance to other
vessels shall be for the Owners and the Charterers
equal benefit after deducting the Masters and Crews
proportion and all legal and other expenses including
hire paid under this Charter Party for time lost in the
salvage, damage to the Vessel and fuel consumed. The
Charterers shall be bound by all measures taken by
the Owners in order to secure payment of salvage and
to settle its amount.
(d) Liens: The Charterers warrant that they will not
suffer, nor permit to be continued, any lien or
encumbrance incurred by them or their agents, which
might have priority over the title and interest of the
Owners in the Vessel. In no event shall the Charterers
procure, nor permit to be procured, for the Vessel any
supplies, necessaries or services without previously
obtaining a statement, signed by an authorised
representative of the furnisher thereof, acknowledging
that such supplies, necessaries or services are being
furnished on the credit of the Charterers and not on the
credit of the Vessel or of the Owners and that the
furnisher claims no maritime lien on the Vessel therefor.
The Owners shall have a lien on all shipped cargo and/
or containers before or after discharge and on all subfreights and/or sub-hire including deadfreight and
demurrage, for any amount due under this Charter Party
697
698
699
700
701
702
703
704
705
706
707
708
709
710
711
712
713
714
715
716
717
718
719
720
721
722
723
724
725
726
727
728
729
730
731
732
733
734
735
736
737
738
739
Sundry Matters
(a) Watchmen: The cost of compulsory shore
gangway watchmen shall be borne by the Charterers
throughout the currency of this Charter Party.
(b) Compulsory Garbage Removal: Compulsory
garbage removal costs shall be borne by the Charterers
unless garbage is actually discharged from the Vessel.
(c) Stowaways:
(i) The Charterers shall exercise due care and
diligence in preventing stowaways from gaining
access to the Vessel by means of secreting away
in cargo 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
cargo and/or containers shipped by the Charterers,
this shall amount to breach of this Charter Party
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 this Charter Party according
to sub-clause (ii) above, the Charterers shall take
all reasonable steps to secure that within a
reasonable time, the Vessel is released and at
their expense post bail or other security to obtain
release of the Vessel.
(iv) If, despite the exercise of due care and diligence
of the Owners, stowaways have gained access
to the Vessel by means of other than secreting
away in the cargo 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.
(v) Should the Vessel be arrested as a result of
stowaways having gained access to the Vessel
by means other than secreting away in the cargo
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 post bail or other
security to obtain release of the Vessel.
(d) On/Off Hire Surveys: Joint on and off hire surveys
shall be conducted by mutually acceptable surveyors
at the Places of Delivery and Redelivery, respectively.
The on hire survey shall be conducted in the Charterers
time. The off hire survey shall be in the Owners time
unless conducted simultaneously with the Charterers
operations.
Both surveys shall cover the condition of the Vessel
and her equipment as well as quantities of fuels
remaining on board. The Owners shall instruct the
Master to co-operate with the surveyors in conducting
such surveys. The cost of on/off hire surveys shall be
equally shared by the Owners and the Charterers.
(e) Sub-Contractors: In this Charter Party the term
sub-contractor shall mean sub-contractors and their
respective servants and agents.
740
741
742
743
744
745
746
747
748
749
750
751
752
753
754
755
756
757
758
759
760
761
762
763
764
765
766
767
768
769
770
771
772
773
774
775
776
777
778
779
780
781
782
783
784
785
786
787
788
789
790
791
792
793
794
795
796
797
798
799
800
801
802
PART II
BOXTIME 2004 Standard Time Charter Party for Container Vessels
(f) Anti-Drug Clause:
The Charterers warrant to exercise the highest degree
of care and diligence in preventing unmanifested
narcotic drugs and/or any other illegal substances being
loaded or concealed on board the Vessel.
Non-compliance with the provisions of this Clause shall
amount to breach of warranty for the 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 Charterers 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 post
bail 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 other illegal
substances are found in the possession or effects of
the Vessels personnel.
(g) BIMCO Double Banking Clause:
(i) The Charterers shall have the right, where and
when it is customary and safe for vessels of
similar size and type to do so, to order the Vessel
to go, lie or remain alongside another vessel or
vessels of any size or description whatsoever or
to order such vessels to come and remain
alongside at such safe dock, wharf, anchorage
or other place for transhipment, loading or
discharging of cargo and/or bunkering.
(ii) The Charterers shall pay for and provide such
assistance and equipment as may be required to
enable any of the operations mentioned in this
Clause 16(g) safely to be completed and shall give
the Owners such advance notice as they reasonably can of the details of any such operations.
(iii) Without prejudice to the generality of the
Charterers rights under Clauses 16 (g)(i) and (ii),
it is expressly agreed that the Master shall have
the right to refuse to allow the Vessel to perform
as provided in Clauses 16 (g)(i) and (ii) if in his
reasonable opinion it is not safe so to do.
(iv) The Owners shall be entitled to insure any
deductible under the Vessels hull policy and the
Charterers shall reimburse the Owners any
additional premium(s) required by the Vessels
Underwriters and/or the cost of insuring any
deductible under the Vessels hull policy.
(v) The Charterers shall further indemnify the Owners
for any costs, damage and liabilities resulting from
such operation. The Vessel shall remain on hire
for any time lost including periods for repairs as
a result of such operation.
(h) Damage to Vessel/Equipment:
(i) Notwithstanding anything contained herein to the
contrary, when caused by the stevedores, the
Charterers shall be liable for
(A) any and all damage to the Vessel, and;
(B) any replacement cost for the Vessels lost or
damaged lashing and securing equipment,
provided the Master has notified the Charterers
803
804
805
806
807
808
809
810
811
812
813
814
815
816
817
818
819
820
821
822
823
824
825
826
827
828
829
830
831
832
833
834
835
836
837
838
839
840
841
842
843
844
845
846
847
848
849
850
851
852
853
854
855
856
857
858
859
860
861
862
863
864
865
866
867
868
869
870
871
872
873
874
875
876
877
878
879
880
881
882
883
884
885
886
887
888
889
890
891
892
893
894
895
896
897
898
899
900
901
902
903
904
905
906
907
908
909
910
911
912
913
914
915
916
917
918
919
920
921
922
923
924
925
926
927
928
929
930
931
932
933
934
935
936
937
938
PART II
BOXTIME 2004 Standard Time Charter Party for Container Vessels
permitted under the terms of the charter party, shall
ensure that the contact details of all sub-charterers
are likewise provided to the Owners.
(B) Except as otherwise provided in this Charter
Party, loss, damage, expense or delay, excluding
consequential loss, caused by failure on the part
of the Charterers to comply with this Clause shall
be for the Charterers account.
(iii) Notwithstanding anything else contained in this
Charter Party all delay, costs or expenses whatsoever arising out of or related to security regulations or measures required by the port facility or
any relevant authority in accordance with the ISPS
Code including, but not limited to, security guards,
launch services, tug escorts, port security fees or
taxes and inspections, shall be for the Charterers
account, unless such costs or expenses result
solely from the Owners negligence. All measures
required by the Owners to comply with the Ship
Security Plan shall be for the Owners account.
(iv) If either party makes any payment which is for
the other partys account according to this Clause,
the other party shall indemnify the paying party.
17.
939
940
941
942
943
944
945
946
947
948
949
950
951 18.
952
953
954
955
956
957
958
959
960
961
962
963
964
965
966
967
968
969
970
971
972
973
974
975
976
977
978
979
980
981
982
983
984
985
986
987
988
989
990
991
992
993
994
995
996
997
998
999
1000
1001
1002
1003
1004
1005
1006
1007
1008
1009
1010
1011
1012
1013
1014
1015
1016
Charterers Responsibilities/Liabilities
(a) Claims: Except as provided in Clause 19, and
without prejudice to the Charterers right to initiate
recovery against the Owners under Clause 19, the
Charterers shall be responsible for all third party claims
in respect of any liability or expense whatsoever and
howsoever arising in connection with the containers and/
or goods carried pursuant to this Charter Party or to
any contract of carriage issued pursuant hereto.
(b) Claims Handling: The Charterers shall handle,
defend and/or settle at their own expense all third party
claims in respect of any liability or expense whatsoever
and howsoever arising in connection with containers
and/or goods carried pursuant to this Charter Party, save
for limitation proceedings. (See Clause 19(f))
If any such claims as mentioned under Clause 18(a)
shall nevertheless be made against the Owners or
against any vessel owned by the Owners, the Charterers
will, at the Owners option, either:
(i) take over the handling and defence of such claims
and settle same at their own expense obtaining,
where appropriate, releases in joint names or,
(ii) put the Owners in funds to meet legal fees,
witness and third party expenses, excluding the
Owners own office expenses, any court judgment
or arbitration award, and settlement payments,
the Owners obtaining where appropriate releases
in joint names,
without prejudice to the Charterers right to initiate
recovery under the provisions of this Charter Party.
(c) General Indemnity: The Charterers shall indemnify
the Owners against any expenses, fines, liabilities,
losses, damages, claims or demands which the Owners
may incur or suffer by reason of any failure of the
containers or goods or the documentation relating thereto
to comply with any relevant laws, regulations, directions
or notices of customs, port and any other authorities, or
by reasons of any infestation, contamination or
condemnation of containers or goods or infestation,
damage or contamination of the Vessel by the Charterers
containers or goods or otherwise by reason of the
Charterers breach of any provisions of this Charter Party.
The Charterers shall also indemnify the Owners for all
loss, costs and expenses suffered by the Owners in
procuring the release of the Vessel where the Vessel is
arrested by virtue of an act or omission of the Charterers,
their servants or agents.
(d) Agency: The Owners authorise and empower the
Charterers to act as the Owners agents to ensure that,
as against third parties, the Owners will have the benefit
of any immunities, exemptions or liberties regarding the
cargo or its carriage. Subject to the provisions of Clause
17 the Charterers shall have no authority to make
contracts imposing any obligations whatsoever upon
the Owners in respect of the cargo or its carriage.
(e) General Average Exclusion: Nothing in this Clause
1017
1018
1019
1020
1021
1022
1023
1024
1025
1026
1027
1028
1029
1030
1031
1032
1033
1034
1035
1036
1037
1038
1039
1040
1041
1042
1043
1044
1045
1046
1047
1048
1049
1050
1051
1052
1053
1054
1055
1056
1057
1058
1059
1060
1061
1062
1063
1064
1065
1066
1067
1068
1069
1070
1071
1072
PART II
BOXTIME 2004 Standard Time Charter Party for Container Vessels
19.
1073
1074
1075
1076
1077
1078
1079
1080
1081
1082
1083
1084
1085
1086
1087
1088
1089
1090
1091
1092
1093
1094
Owners Responsibilities/Liabilities
(a) Containers and Goods: The Owners shall be liable
for loss, damage or expense in respect of containers
and goods arising or resulting from:
(i) their failure to exercise due diligence before and
at the commencement of the voyage to make the
Vessel seaworthy and to properly man, equip and
supply her and make all parts of the Vessel in
which containers and goods are carried fit and
safe for their reception, carriage and preservation,
unless the Charterers order containers or goods
to be loaded in parts of the Vessel which the
Master considers to be unfit, in which case the
Charterers shall indemnify the Owners and hold
them harmless;
(ii) their failure to exercise due diligence to properly
and carefully carry, keep and care for the
containers and goods while on board the Vessel;
(iii) unreasonable deviation from the voyage ordered
or approved by the Charterers;
(iv) defective lashing equipment supplied by the
Owners or improper lashing pattern design;
(v) their failure to exercise due diligence to ensure
that at the commencement of the voyage the
lashings are executed correctly and serviced
during the voyage;
(vi) their failure to exercise due diligence to maintain
in good working order the lashings and securing
equipment.
(b) Charterers Cargo: If the cargo is the property of
the Charterers, the Owners shall have the same
responsibilities and benefits as they would have had
under this Clause had the cargo been the property of a
third party and carried under a bill of lading incorporating
the Hague-Visby Rules.
(c) Personal Injury: Except as provided for in Clause
18(g) and unless caused or contributed to by the
negligence of the Charterers, their servants, agents or
sub-contractors or any defect in the Charterers
containers and/or goods and/or gear and/or equipment,
the Owners shall indemnify the Charterers against any
claims for death or personal injury having a direct
connection with the operation of the Vessel.
(d) Limitation of Liability: Subject always to the
Owners right to limit liability under the applicable
1095
1096
1097
1098
1099
1100
1101
1102
1103
1104
1105
1106
1107
1108
1109
1110
1111
1112
1113
1114
1115
1116
1117
1118
1119
1120
1121
1122
1123
1124
1125 20.
1126
1127
1128
1129
1130
1131
1132
1133
1134
1135
1136
1137
1138
1139
1140
1141
1142
1143
1144
1145
1146
1147
1148
1149
1150
1151
1152
1153
1154
1155
1156
1157
1158
1159
1160
1161
1162
1163
1164
1165
1166
1167
1168
1169
1170
1171
1172
1173
1174
1175
1176
1177
1178
1179
1180
1181
1182
1183
1184
1185
1186
1187
1188
1189
1190
1191
Refrigerated Goods
In respect of integral refrigerated containers or any other
container with any machinery for temperature/
atmosphere control containing goods, the Owners shall
only be responsible for the provision of electrical power
(see Clause 11(e)). The Owners shall monitor and record
the performance of all such units minimum once daily
whilst on board in accordance with the Charterers
instructions and to repair and rectify any breakdown,
fault or deficiency which may occur in respect of such
units, using the resources on board the Vessel, however
always subject to weather conditions. The Charterers
shall furnish the Master with separate written instructions
as regards the temperature setting of each reefer
container and cooling/carriage instructions to be
1192
1193
1194
1195
1196
1197
1198
1199
1200
1201
1202
1203
1204
1205
1206
PART II
BOXTIME 2004 Standard Time Charter Party for Container Vessels
maintained during the voyage. The Charterers shall
arrange for reefer repair kit and manuals to be placed
on board the Vessel which shall include specialised tools
and spare parts. Such repair kits shall be replenished
by the Charterers upon the Masters request.
If repair works are performed by the crew, all additional
expenses incurred by the Owners, including crew time
and spare parts not already supplied and paid for by
Charterers, shall be for the account of the Charterers
and during the performance of the repair work the crew
shall be considered as the Charterers servants. The
Charterers to pay for such works as stated in Box 30.
If, however, resources on board are still insufficient,
the Owners shall immediately notify the Charterers so
they may take action to obtain any required spares or
specialised repair facilities.
Except as provided above, the Owners shall not be liable
for malfunctioning of integral refrigerated containers and
power packs put on board by the Charterers.
The Owners shall be entitled to reject and require the
Charterers to discharge any container loaded at a
temperature not within the required carriage temperature
range. If, at the Charterers request, the Owners consent
to receive and carry such container(s), the Charterers
shall hold the Owners harmless and indemnify them
against all consequences thereof and the Bills of Lading
shall be appropriately claused. In respect of blown-air
containers, the Owners shall be responsible only to
maintain the supply of air at the required temperature to
the containers, provided proper instructions are given to
the Master by the Charterers and the containers are
presented at the carriage temperatures.
1207
1208
1209
1210
1211
1212
1213
1214
1215
1216
1217
1218
1219
1220
1221
1222
1223
1224
1225
1226
1227
1228
1229
1230
1231
1232
1233 24.
1234
1235
1236
1237
1238
Exceptions
As between the Owners and the Charterers,
responsibility for any loss, damage, delay or failure
of performance under this Charter Party not dealt with
in Clauses 18 and 19 shall be subject to the following
mutual exceptions:
Act of God, act of war, act of terrorism, civil
commotions, strike, lockouts, restraint of princes and
rulers, and quarantine restrictions.
In addition, any responsibility of the Owners not dealt
with in Clause 19 shall be subject to the following
exceptions:
Any act, neglect or default of the Master, pilots or other
servants of the Owners in the navigation or management
of the Vessel, fire or explosion not due to the personal
fault of the Owners or their manager, collision or
stranding, unforeseeable breakdown of or any latent
defect in the Vessels hull, equipment or machinery.
The above provisions shall in no way affect the
provisions as to off-hire in this Charter Party.
1239
1240
1241
1242
1243
1244
1245
1246
1247
1248
1249
1250
1251
1252
1253
1254
1255
1256
1257
1258 25.
22.
Navigation
Nothing herein stated is to be construed as a demise of
the Vessel to the 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.
1259
1260
1261
1262
1263
1264
23.
Insurances
(a) Hull and Machinery: The Owners shall insure the
Vessel under Institute Time Clauses or similar clauses
for INL trading against loss, damage and collision
liabilities for the insured value as stated in Box 23. Upon
10 days notice to the Charterers, the Owners shall be
entitled to effect any reasonable change to the insured
1265
1266
1267
1268
1269
1270
1271
21.
1272
1273
1274
1275
1276
1277
1278
1279
1280
1281
1282
1283
1284
1285
1286
1287
1288
1289
1290
1291
1292
1293
1294
1295
1296
1297
1298
1299
1300
1301
1302
1303
1304
1305
1306
1307
1308
1309
1310
1311
1312
1313
1314
1315
1316
1317
1318
1319
1320
1321
1322
1323
1324
1325
1326
1327
1328
1329
1330
1331
1332
1333
1334
1335
1336
1337
PART II
BOXTIME 2004 Standard Time Charter Party for Container Vessels
of any state whatsoever, which, in the reasonable
judgement of the Master and/or the Owners, may
be dangerous or are likely to be or to become
dangerous to the Vessel, her cargo, crew or other
persons on board the Vessel.
(b) The Vessel, unless the written consent of the
Owners be first obtained, shall not be ordered to or
required to continue to or through, any port, place, area
or zone (whether of land or sea), or any waterway or
canal, where it appears that the Vessel, her cargo, crew
or other persons on board the Vessel, in the reasonable
judgement of the Master and/or the Owners, may be,
or are likely to be, exposed to War Risks. Should the
Vessel be within any such place as aforesaid, which
only becomes dangerous, or is likely to be or to become
dangerous, after her entry into it, she shall be at liberty
to leave it.
(c) The Vessel shall not be required to load contraband
cargo, or to pass through any blockade, whether such
blockade be imposed on all vessels, or is imposed
selectively in any way whatsoever against vessels of
certain flags or ownership, or against certain cargoes or
crews or otherwise howsoever, or to proceed to an area
where she shall be subject, or is likely to be subject to a
belligerents right of search and/or confiscation.
(d) (i) The Owners may effect war risks insurance in
respect of the Hull and Machinery of the Vessel
and their other interests (including, but not limited
to, loss of earnings and detention, the crew and
their Protection and Indemnity Risks), and the
premiums and/or calls therefor shall be for their
account.
(ii) If the Underwriters of such insurance should require payment of premiums and/or calls because,
pursuant to the Charterers orders, the Vessel is
within, or is due to enter and remain within, or
pass through any area or areas which are specified by such Underwriters as being subject to
additional premiums because of War Risks, then
the actual premiums and/or calls paid shall be
reimbursed by the Charterers to the Owners at
the same time as the next payment of hire is due,
or upon redelivery, whichever occurs first.
(e) If the Owners become liable under the terms of
employment to pay to the crew any bonus or additional
wages in respect of sailing into an area which is
dangerous in the manner defined by the said terms,
then the actual bonus or additional wages paid shall be
reimbursed to the Owners by the Charterers at the same
time as the next payment of hire is due, or upon
redelivery, whichever occurs first.
(f) The Vessel shall have liberty:
(i) to comply with all orders, directions, recommendations or advice as to departure, arrival, routes,
sailing in convoy, ports of call, stoppages,
destinations, discharge of cargo, delivery, or in
any other way whatsoever, which are given by
the Government of the Nation under whose flag
the Vessel sails, or other Government to whose
laws the Owners are subject, or any other
Government, body or group whatsoever acting
with the power to compel compliance with their
orders or directions;
(ii) to comply with the order, directions or recommendations of any war risks underwriters who have
the authority to give the same under the terms of
the war risks insurance;
(iii) to comply with the terms of any resolution of the
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PART II
BOXTIME 2004 Standard Time Charter Party for Container Vessels
*)(b) This Charter Party shall be governed by and
construed in accordance with Title 9 of the United States
Code and the Maritime Law of the United States and
any dispute arising out of or in connection with this
Charter Party shall be referred to three persons at New
York, one to be appointed by each of the parties hereto,
and the third by the two so chosen; their decision or
that of any two of them shall be final, and for the
purposes of enforcing any award, judgement may be
entered on an award by any court of competent
jurisdiction. The proceedings shall be conducted in
accordance with the rules of the Society of Maritime
Arbitrators, Inc.
In cases where neither the claim nor any counterclaim
exceeds the sum of US$50,000 (or such other sum as
the parties may agree) the arbitration shall be conducted
in accordance with the Shortened Arbitration Procedure
of the Society of Maritime Arbitrators, Inc. current at the
time when the arbitration proceedings are commenced.
*)(c) This Charter Party shall be governed by and
construed in accordance with the laws of the place
mutually agreed by the parties and any dispute arising
out of or in connection with this Charter Party shall be
referred to arbitration at a mutually agreed place, subject
to the procedures applicable there.
(d) Notwithstanding (a), (b) or (c) above, the parties
may agree at any time to refer to mediation any
difference and/or dispute arising out of or in connection
with this Charter Party.
In the case of a dispute in respect of which arbitration
has been commenced under (a), (b) or (c) above, the
following shall apply:
(i) Either party may at any time and from time to time
elect to refer the dispute or part of the dispute to
mediation by service on the other party of a written
notice (the Mediation Notice) calling on the other
party to agree to mediation.
(ii) The other party shall thereupon within 14 calendar
days of receipt of the Mediation Notice confirm that
they agree to mediation, in which case the parties
shall thereafter agree a mediator within a further
14 calendar days, failing which on the application
of either party a mediator will be appointed promptly
by the Arbitration Tribunal (the Tribunal) or such
person as the Tribunal may designate for that
purpose. The mediation shall be conducted in such
place and in accordance with such procedure and
on such terms as the parties may agree or, in the
event of disagreement, as may be set by the
mediator.
(iii) If the other party does not agree to mediate, that
fact may be brought to the attention of the Tribunal
and may be taken into account by the Tribunal
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1501 27.
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Commission
The Owners shall pay a commission at the rate stated
in Box 33 to the Broker(s) stated in Box 33 on any hire
paid under this Charter Party or any continuation or
extension thereof. If the full hire is not paid owing to
breach of Charter Party by either of the parties the
party liable therefor shall indemnify the Brokers against
their loss of commission.
Should the parties agree to cancel this Charter Party,
the Owners shall indemnify the Brokers against any
loss of commission but in such case the commission
shall not exceed the brokerage on one years hire.
In signing this Charter Party the Owners acknowledge
their agreement with the Brokers to pay the commissions
described in this Clause.
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Notices
(a) All notices given by either party or their agents to
the other party or their agents in accordance with the
provisions of this Charter Party shall be in writing.
(b) For the purposes of this Charter Party, in writing
shall mean any method of legible communication. A
notice may be given by any effective means including,
but not limited to, cable, telex, fax, e-mail, registered or
recorded mail, or by personal service.
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PART III
BOXTIME 2004 Standard Time Charter Party for Container Vessels
VESSELS DESCRIPTION