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Signature (Owners)

Signature (Charterers)

the seventh day after the new readiness date stated in the Owners' notification 149

to the Charterers shall be the new cancelling date.

150

The provisions of sub-clause (b) of this Clause shall operate only once, and in 151 case of the Vessel's further delay, the Charterers shall have the option of 152

cancelling the Charter Party as per sub-clause (a) of this Clause.	153
10. Bills of Lading	154

Bills of Lading shall be presented and signed by the Master as per the 155 "Congenbill" Bill of Lading form, Edition 1994, without prejudice to this Charter 156 Party, or by the Owners' agents provided written authority has been given by 157 Owners to the agents, a copy of which is to be furnished to the Charterers. The 158 Charterers shall indemnify the Owners against all consequences or liabilities 159 that may arise from the signing of bills of lading as presented to the extent that 160 the terms or contents of such bills of lading impose or result in the imposition of 161 more onerous liabilities upon the Owners than those assumed by the Owners 162

under this Charter Party.	163
11. Both-to-Blame Collision Clause	164

If the Vessel comes into collision with another vessel as a result of the 165 negligence of the other vessel and any act, neglect or default of the Master, 166 Mariner, Pilot or the servants of the Owners in the navigation or in the 167 management of the Vessel, the owners of the cargo carried hereunder will 168 indemnify the Owners against all loss or liability to the other or non-carrying 169 vessel or her owners in so far as such loss or liability represents loss of, or 170 damage to, or any claim whatsoever of the owners of said cargo, paid or 171 payable by the other or non-carrying vessel or her owners to the owners of said 172 cargo and set-off, recouped or recovered by the other or non-carrying vessel 173 or her owners as part of their claim against the carrying Vessel or the Owners. 174 The foregoing provisions shall also apply where the owners, operators or those 175 in charge of any vessel or vessels or objects other than, or in addition to, the 176

colliding vessels or objects are at fault in respect of a collision or contact.	177
12. General Average and New Jason Clause	178

General Average shall be adjusted in London unless otherwise agreed in Box 179 22 according to York-Antwerp Rules 1994 and any subsequent modification 180 thereof. Proprietors of cargo to pay the cargo's share in the general expenses 181 even if same have been necessitated through neglect or default of the Owners' 182

servants (see Clause 2).

183

If General Average is to be adjusted in accordance with the law and practice of 184 the United States of America, the following Clause shall apply: "In the event of 185 accident, danger, damage or disaster before or after the commencement of the 186 voyage, resulting from any cause whatsoever, whether due to negligence or 187 not, for which, or for the consequence of which, the Owners are not 188 responsible, by statute, contract or otherwise, the cargo shippers, consignees 189 or the owners of the cargo shall contribute with the Owners in General Average 190 to the payment of any sacrifices, losses or expenses of a General Average 191 nature that may be made or incurred and shall pay salvage and special charges 192 incurred in respect of the cargo. If a salving vessel is owned or operated by the 193 Owners, salvage shall be paid for as fully as if the said salving vessel or vessels 194 belonged to strangers. Such deposit as the Owners, or their agents, may deem 195 sufficient to cover the estimated contribution of the goods and any salvage and 196 special charges thereon shall, if required, be made by the cargo, shippers, 197

consignees or owners of the goods to the Owners before delivery.".	198
13. Taxes and Dues Clause	199

(a) On Vessel -The Owners shall pay all dues, charges and taxes customarily 200

levied on the Vessel, howsoever the amount thereof may be assessed.

201

(b)On cargo -The Charterers shall pay all dues, charges, duties and taxes 202 customarily levied on the cargo, howsoever the amount thereof may be 203

assessed.

204

(c) On freight -Unless otherwise agreed in Box 23, taxes levied on the freight 205

shall be for the Charterers' account.	206
14. Agency	207

In every case the Owners shall appoint their own Agent both at the port of 208

loading and the port of discharge.	209
15. Brokerage	210

A brokerage commission at the rate stated in Box 24 on the freight, dead-freight 211

and demurrage earned is due to the party mentioned in Box 24.

212

In case of non-execution 1/3 of the brokerage on the estimated amount of 213 freight to be paid by the party responsible for such non-execution to the 214 Brokers as indemnity for the latter's expenses and work. In case of more 215

voyages the amount of indemnity to be agreed.	216
16. General Strike Clause	217

(a) If there is a strike or lock-out affecting or preventing the actual loading of the 218 cargo, or any part of it, when the Vessel is ready to proceed from her last port or 219

at any time during the voyage to the port or ports of loading or after her arrival 220 there, the Master or the Owners may ask the Charterers to declare, that they 221 agree to reckon the laydays as if there were no strike or lock-out. Unless the 222 Charterers have given such declaration in writing (by telegram, if necessary) 223 within 24 hours, the Owners shall have the option of cancelling this Charter 224 Party. If part cargo has already been loaded, the Owners must proceed with 225 same, (freight payable on loaded quantity only) having liberty to complete with 226

other cargo on the way for their own account.

227

(b)If there is a strike or lock-out affecting or preventing the actual discharging 228 of the cargo on or after the Vessel's arrival at or off port of discharge and same 229 has not been settled within 48 hours, the Charterers shall have the option of 230 keeping the Vessel waiting until such strike or lock-out is at an end against 231 paying half demurrage after expiration of the time provided for discharging 232 until the strike or lock-out terminates and thereafter full demurrage shall be 233 payable until the completion of discharging, or of ordering the Vessel to a safe 234 port where she can safely discharge without risk of being detained by strike or 235 lock-out. Such orders to be given within 48 hours after the Master or the 236 Owners have given notice to the Charterers of the strike or lock-out affecting 237 the discharge. On delivery of the cargo at such port, all conditions of this 238 Charter Party and of the Bill of Lading shall apply and the Vessel shall receive 239 the same freight as if she had discharged at the original port of destination, 240 except that if the distance to the substituted port exceeds 100 nautical miles, 241 the freight on the cargo delivered at the substituted port to be increased in 242

proportion.

243

(c)Except for the obligations described above, neither the Charterers nor the 244 Owners shall be responsible for the consequences of any strikes or lock-outs 245

preventing or affecting the actual loading or discharging of the cargo.	246
17. War Risks ("Voywar 1993")	247
(1) For the purpose of this Clause, the words:	248

(a)The "Owners" shall include the shipowners, bareboat charterers, 249 disponent owners, managers or other operators who are charged with the 250

management of the Vessel, and the Master; and

251

(b)"War Risks" shall include any war (whether actual or threatened), act of 252 war, civil war, hostilities, revolution, rebellion, civil commotion, warlike 253 operations, the laying of mines (whether actual or reported), acts of piracy, 254 acts of terrorists, acts of hostility or malicious damage, blockades 255 (whether imposed against all Vessels or imposed selectively against 256 Vessels of certain flags or ownership, or against certain cargoes or crews 257 or otherwise howsoever), by any person, body, terrorist or political group, 258 or the Government of any state whatsoever, which, in the reasonable 259 judgement of the Master and/or the Owners, may be dangerous or are 260 likely to be or to become dangerous to the Vessel, her cargo, crew or other 261

persons on board the Vessel.

262

(2)If at any time before the Vessel commences loading, it appears that, in the 263 reasonable judgement of the Master and/or the Owners, performance of 264 the Contract of Carriage, or any part of it, may expose, or is likely to expose, 265 the Vessel, her cargo, crew or other persons on board the Vessel to War 266 Risks, the Owners may give notice to the Charterers cancelling this 267 Contract of Carriage, or may refuse to perform such part of it as may 268 expose, or may be likely to expose, the Vessel, her cargo, crew or other 269 persons on board the Vessel to War Risks; provided always that if this 270 Contract of Carriage provides that loading or discharging is to take place 271 within a range of ports, and at the port or ports nominated by the Charterers 272 the Vessel, her cargo, crew, or other persons onboard the Vessel may be 273 exposed, or may be likely to be exposed, to War Risks, the Owners shall 274 first require the Charterers to nominate any other safe port which lies 275

within the range for loading or discharging, and may only cancel this 276 Contract of Carriage if the Charterers shall not have nominated such safe 277

port or ports within 48 hours of receipt of notice of such requirement.

278

(3)The Owners shall not be required to continue to load cargo for any voyage, 279 or to sign Bills of Lading for any port or place, or to proceed or continue on 280 any voyage, or on any part thereof, or to proceed through any canal or 281 waterway, or to proceed to or remain at any port or place whatsoever, 282 where it appears, either after the loading of the cargo commences, or at 283 any stage of the voyage thereafter before the discharge of the cargo is 284 completed, that, in the reasonable judgement of the Master and/or the 285 Owners, the Vessel, her cargo (or any part thereof), crew or other persons 286 on board the Vessel (or any one or more of them) may be, or are likely to be, 287 exposed to War Risks. If it should so appear, the Owners may by notice 288 request the Charterers to nominate a safe port for the discharge of the 289 cargo or any part thereof, and if within 48 hours of the receipt of such 290 notice, the Charterers shall not have nominated such a port, the Owners 291 may discharge the cargo at any safe port of their choice (including the port 292 of loading) in complete fulfilment of the Contract of Carriage. The Owners 293 shall be entitled to recover from the Charterers the extra expenses of such 294 discharge and, if the discharge takes place at any port other than the 295 loading port, to receive the full freight as though the cargo had been 296

carried to the discharging port and if the extra distance exceeds 100 miles, 297 to additional freight which shall be the same percentage of the freight 298 contracted for as the percentage which the extra distance represents to 299 the distance of the normal and customary route, the Owners having a lien 300

on the cargo for such expenses and freight.

301

(4)If at any stage of the voyage after the loading of the cargo commences, it 302 appears that, in the reasonable judgement of the Master and/or the 303 Owners, the Vessel, her cargo, crew or other persons on board the Vessel 304 may be, or are likely to be, exposed to War Risks on any part of the route 305 (including any canal or waterway) which is normally and customarily used 306 in a voyage of the nature contracted for, and there is another longer route 307 to the discharging port, the Owners shall give notice to the Charterers that 308 this route will be taken. In this event the Owners shall be entitled, if the total 309 extra distance exceeds 100 miles, to additional freight which shall be the 310

same percentage of the freight contracted for as the percentage which the 311 extra distance represents to the distance of the normal and customary 312

route.	313
(5) The Vessel shall have liberty:-	314

(a)to comply with all orders, directions, recommendations or advice as to 315 departure, arrival, routes, sailing in convoy, ports of call, stoppages, 316 destinations, discharge of cargo, delivery or in any way whatsoever which 317 are given by the Government of the Nation under whose flag the Vessel 318 sails, or other Government to whose laws the Owners are subject, or any 319 other Government which so requires, or any body or group acting with the 320

power to compel compliance with their orders or directions;

321

(b)to comply with the orders, directions or recommendations of any war 322 risks underwriters who have the authority to give the same under the terms 323

of the war risks insurance;

324

(c)to comply with the terms of any resolution of the Security Council of the 325 United Nations, any directives of the European Community, the effective 326 orders of any other Supranational body which has the right to issue and 327 give the same, and with national laws aimed at enforcing the same to which 328 the Owners are subject, and to obey the orders and directions of those who 329

are charged with their enforcement;

330

(d) to discharge at any other port any cargo or part thereof which may 331

render the Vessel liable to confiscation as a contraband carrier;

332

(e)to call at any other port to change the crew or any part thereof or other 333 persons on board the Vessel when there is reason to believe that they may 334

be subject to internment, imprisonment or other sanctions;

335

(f)where cargo has not been loaded or has been discharged by the 336 Owners under any provisions of this Clause, to load other cargo for the 337 Owners' own benefit and carry it to any other port or ports whatsoever, 338 whether backwards or forwards or in a contrary direction to the ordinary or 339

customary route.

340

(6) If in compliance with any of the provisions of sub-clauses (2) to (5) of this 341 Clause anything is done or not done, such shall not be deemed to be a 342 deviation, but shall be considered as due fulfilment of the Contract of 343

Carriage.	344
18. General Ice Clause	345
Port of loading	346

(a)In the event of the loading port being inaccessible by reason of ice when the 347 Vessel is ready to proceed from her last port or at any time during the voyage or 348 on the Vessel's arrival or in case frost sets in after the Vessel's arrival, the 349 Master for fear of being frozen in is at liberty to leave without cargo, and this 350

Charter Party shall be null and void.

351

(b)If during loading the Master, for fear of the Vessel being frozen in, deems it 352 advisable to leave, he has liberty to do so with what cargo he has on board and 353 to proceed to any other port or ports with option of completing cargo for the 354 Owners' benefit for any port or ports including port of discharge. Any part 355 cargo thus loaded under this Charter Party to be forwarded to destination at the 356 Vessel's expense but against payment of freight, provided that no extra 357 expenses be thereby caused to the Charterers, freight being paid on quantity 358 delivered (in proportion if lumpsum), all other conditions as per this Charter 359

Party.

360

(c)In case of more than one loading port, and if one or more of the ports are 361 closed by ice, the Master or the Owners to be at liberty either to load the part 362 cargo at the open port and fill up elsewhere for their own account as under 363 section (b) or to declare the Charter Party null and void unless the Charterers 364

agree to load full cargo at the open port.	365
Port of discharge	366

(a)Should ice prevent the Vessel from reaching port of discharge the 367 Charterers shall have the option of keeping the Vessel waiting until the re- 368 opening of navigation and paying demurrage or of ordering the Vessel to a safe 369 and immediately accessible port where she can safely discharge without risk of 370 detention by ice. Such orders to be given within 48 hours after the Master or the 371 Owners have given notice to the Charterers of the impossibility of reaching port 372

of destination.

373

(b)If during discharging the Master for fear of the Vessel being frozen in deems 374 it advisable to leave, he has liberty to do so with what cargo he has on board and 375

to proceed to the nearest accessible port where she can safely discharge.

376

(c)On delivery of the cargo at such port, all conditions of the Bill of Lading shall 377 apply and the Vessel shall receive the same freight as if she had discharged at 378 the original port of destination, except that if the distance of the substituted port 379 exceeds 100 nautical miles, the freight on the cargo delivered at the substituted 380

port to be increased in proportion.	381
19. Law and Arbitration	382

*(a) This Charter Party shall be governed by and construed in accordance with 383 English law and any dispute arising out of this Charter Party shall be referred to 384 arbitration in London in accordance with the Arbitration Acts 1950 and 1979 or 385 any statutory modification or re-enactment thereof for the time being in force. 386 Unless the parties agree upon a sole arbitrator, one arbitrator shall be 387 appointed by each party and the arbitrators so appointed shall appoint a third 388 arbitrator, the decision of the three-man tribunal thus constituted or any two of 389 them, shall be final. On the receipt by one party of the nomination in writing of 390 the other party's arbitrator, that party shall appoint their arbitrator within 391

fourteen days, failing which the decision of the single arbitrator appointed shall 392

be final.

393

For disputes where the total amount claimed by either party does not exceed 394 the amount stated in Box 25** the arbitration shall be conducted in accordance 395 with the Small Claims Procedure of the London Maritime Arbitrators 396

Association.

397

*(b) This Charter Party shall be governed by and construed in accordance with 398 Title 9 of the United States Code and the Maritime Law of the United States and 399 should any dispute arise out of this Charter Party, the matter in dispute shall be 400 referred to three persons at New York, one to be appointed by each of the 401 parties hereto, and the third by the two so chosen; their decision or that of any 402 two of them shall be final, and for purpose of enforcing any award, this 403

agreement may be made a rule of the Court. The proceedings shall be 404 conducted in accordance with the rules of the Society of Maritime Arbitrators, 405

Inc..

406

For disputes where the total amount claimed by either party does not exceed 407 the amount stated in Box 25** the arbitration shall be conducted in accordance 408 with the Shortened Arbitration Procedure of the Society of Maritime Arbitrators, 409

Inc..

410

*(c) Any dispute arising out of this Charter Party shall be referred to arbitration at 411 the place indicated in Box 25, subject to the procedures applicable there. The 412

laws of the place indicated in Box 25 shall govern this Charter Party.

413

(d) If Box 25 in Part 1 is not filled in, sub-clause (a) of this Clause shall apply. 414

* (a), (b) and (c) are alternatives; indicate alternative agreed in Box 25.

415

**Where no figure is supplied in Box 25 in Part 1, this provision only shall be void but 416

the other provisions of this Clause shall have full force and remain in effect.

417