code word for this charter party -...

45
Time Charter Party Date: It is this day agreed between -------------------------- (hereinafter referred to as “Owners”) being Owners of the good vessel called LPG/C ----- (Particulars as per attached Gas Form C) (hereinafter referred to as “the vessel”) described as per clauses 1, 2 & 24 hereof and M/s. Hindustan Petroleum Corporation Limited, 17 Jamshedji Tata Road, Mumbai – 400 051, (hereinafter referred to as “Charterers”), (which expression shall unless it be repugnant to the context or meaning thereof be deemed to mean and include its successors and assigns). PART- I 1. Description of Vessel Owners guarantee that at the date of delivery of the vessel under this charter. (a) She shall be classed + 100A1 at Lloyds Liquified Gas Carrier (b) She shall be in every way fitted for burning marine diesel oil or fuel oil with a maximum Viscosity at 180 CST up to S.G.0.970 (PL.SEE CL.53(iii)) in main motors and any commercial grade of fuel oil under boilers; and (c) She shall be fully coiled and capable at all times of Cooling and maintaining cargo at a temperature of at least – 45 Deg C or the temperature required for relevant cargo. 1

Upload: lamque

Post on 30-Jan-2018

258 views

Category:

Documents


1 download

TRANSCRIPT

Page 1: Code word for this Charter Party - HPCLtenders.hpcl.co.in/tenders/tender_prog/TenderFiles/6879/…  · Web viewTime Charter Party. Date: It is this day agreed between --------------------------(hereinafter

Time Charter Party

Date:

It is this day agreed between --------------------------(hereinafter referred to as “Owners”) being Owners of the good vessel called LPG/C ----- (Particulars as per attached Gas Form C) (hereinafter referred to as “the vessel”) described as per clauses 1, 2 & 24 hereof and M/s. Hindustan Petroleum Corporation Limited, 17 Jamshedji Tata Road, Mumbai – 400 051, (hereinafter referred to as “Charterers”), (which expression shall unless it be repugnant to the context or meaning thereof be deemed to mean and include its successors and assigns).

PART- I

1. Description of Vessel

Owners guarantee that at the date of delivery of the vessel under this charter.

(a) She shall be classed + 100A1 at Lloyds Liquified Gas Carrier

(b) She shall be in every way fitted for burning marine diesel oil or fuel oil with a maximum Viscosity at 180 CST up to S.G.0.970 (PL.SEE CL.53(iii)) in main motors and any commercial grade of fuel oil under boilers; and

(c) She shall be fully coiled and capable at all times of Cooling and maintaining cargo at a temperature of at least – 45 Deg C or the temperature required for relevant cargo.

2. Condition of Vessel

Owners shall, before and at the date of delivery of the vessel under this charter, exercise due diligence to make the vessel

(a) in every way fit to carry LIQUIFIED PETROLEUM GAS 1 OR 2 GRADES OR OTHER LIQUIFIED GAS AS PER GAS FORM C.

(b) tight, staunch, strong, in good order and condition, in every way fit for the service, with her machinery, boilers and hull in such a state as to obtain the most economic working and with a full and efficient complement of master, officers and crew for a vessel of her tonnage.

Owners undertake that throughout the period of service under this charter they will, whenever the passage of time, wear and tear or any event (whether coming within clause 28 hereof or not) required steps to be taken to maintain the vessel as stipulated in clause 1 hereof and in this clause or to restore the vessel to such condition, exercise due diligence to maintain or restore the vessel

1

Page 2: Code word for this Charter Party - HPCLtenders.hpcl.co.in/tenders/tender_prog/TenderFiles/6879/…  · Web viewTime Charter Party. Date: It is this day agreed between --------------------------(hereinafter

as aforesaid, and that they will comply with the regulations in force so as to enable the vessel to pass through the Suez and Panama Canals by day and night without delay.

3. Period of Hire and Trading Limits

Owners agree to let and Charterers agree to hire the vessel for a period of 1 calendar year from the date of delivery, with Choption for 2 extensions of 6 months each, with 15 days plus / minus in Charterer’s option , commencing from the time and date of delivery of the vessel, for the purpose of carrying all lawful merchandise including in particular

1. COMM GRADE BUTANE A/O PROPANE OR ANY ADMIXTURE THEREOF SUB TO VSL SAFETY/STABILITY AND MASTER’S SATISFACTION ALWAYS WITHIN IWL. (SEE CL.63) in any part of the world as Charterers shall direct, subject to the limits of the current British Institute warranties and any subsequent amendments thereof, it is being understood that Charterers shall not send the Vessel to ice-bound waters without Owners’ consent but such consent shall not be unreasonably withheld.

Charterers shall exercise due diligence to ensure that the vessel is only employed between and at Safe ports, places, berths, docks, anchorages and submarine lines where she can always lie safely afloat, but notwithstanding anything contained in this or any other clause of this charter, Charterers shall not be deemed to warrant the safety of any port, place, berth, dock, anchorage or submarine line and shall be under no liability in respect thereof except for loss or damage caused by their failure to exercise due diligence as aforesaid. Subject as above, the vessel shall be loaded and discharged in any dock or at any wharf or place or anchorage or submarine line or alongside lighters or other vessels as Charterers may direct.

The vessel shall be delivered by Owners at berth 1 Safe Port AG / Red Sea at Charterer’s option and redelivered to Owners at berth after hose disconnection 1 Safe Port West Coast India / East Coast India at Charterers’ option.

As per the requirements of CL.2 hereof, the cost of on-hire survey to be on Owners account and redelivery off-hire survey shall be for Charterers account. For ascertaining delivery / re-delivery bunker figures, independent surveyor to be appointed.

4. Laydays/Cancelling

The vessel shall not be delivered to Charterers before ---------- and Charterers shall have the option of canceling this charter if the vessel is not ready and at their disposal on or before --------------.

5. Owners to Provide

Owners undertake to provide and to pay for all provisions, wages and shipping and discharging fees and all other expenses of the master, officers and crew; also, except as provided in Clause 33 and 34 hereof, to pay for all insurance on the vessel including cover for P&I Pollution Risks, for all deck, cabin and engine-room stores, and water, except water

2

Page 3: Code word for this Charter Party - HPCLtenders.hpcl.co.in/tenders/tender_prog/TenderFiles/6879/…  · Web viewTime Charter Party. Date: It is this day agreed between --------------------------(hereinafter

for the boilers which (unless the vessel is off-hire) is to be supplied and paid for by Charterers; and for all fumigation expenses and deratisation exemption certificates. Owners obligations under this clause extend to cover all liability for customs or import duties arising at any time during the performance of this charter in relation to the personal effects of the master, officers and crew, and in relation to the stores, provisions and other matters aforesaid which Owners are to provide and/or pay for and Owners shall refund to Charterers any sums they or their agents may have paid or been compelled to pay in respect of such liability. Any amounts allowable in general average for wages and provisions and stores shall be credited to Charterers in so far as such amounts are in respect of a period when the vessel is on hire.

At the time of delivery at foreign port and thereafter whenever the vessel is directed by the Charterers for foreign port lifting (indicative ports are Ras Laffan / Yanbu / Ras Tanura / Juaymah Terminal / Ruwais / Mina Al Ahamadi) the Owners shall appoint agents at loadport at their costs while Charterers shall reimburse to Owners the actual amount paid to the Port Authorities related to loading activity, on production of original documents/receipts.

6. Charterers to provide

Charterers shall provide and pay for all fuel (except galley fuel), towage and pilotage and shall pay agency fees(except as stipulated in clause 5 above), port charges, commissions, expenses of loading and unloading cargoes, canal dues and all charges other than those payable by Owners in accordance with the preceding clause hereof, provided that all charges for the said items shall be paid by Owners when incurred for Owners’ purposes, whether the vessel is on hire or off-hire. The foregoing provision as to fuel shall not apply to any fuel used in connection with a general average sacrifice or expenditure or with the preparation for the drydocking or repair of the vessel which shall in any event be paid for by Owners. The entire fuel Consumption & fresh water for crew etc. during off-hire period, if any, shall be borne by the Owners after necessary off-hire survey, cost of which shall be equally shared between Owners and Charterers.

7. Rate of Hire

7.1 Subject as herein provided, Charterers shall pay for the use and hire of the vessel at the all inclusive rate of USD ____________(USD -------- )Per Day, inclusive of overtime, for vessel’s total summer Dead weight of __________ MTs.

7.2 If applicable, ship owners are required to pay service tax, including education cess on service tax, on charter hire payments made by the Charterer, the applicable service tax and applicable educational cess on such service tax, shall be reimbursed to the owners by charterer on actual basis subject to owners having been registered for the purpose of service tax and providing proof of the payment by them.

7.3 Charter hire payment shall be made as per clause 8.1.

3

Page 4: Code word for this Charter Party - HPCLtenders.hpcl.co.in/tenders/tender_prog/TenderFiles/6879/…  · Web viewTime Charter Party. Date: It is this day agreed between --------------------------(hereinafter

8. Payment of Hire

8.1 Payment of said hire shall be made

“Payment of said hire shall be made calendar monthly in advance within 5 working days from the date of receipt of debit note from the vessel owner, which should be raised after the beginning of the month, less

Less :

(a) Any amounts disbursed or for which intimation has been received from Owners for disbursement.

(b) Hire paid or expenses incurred by Charterers relating to off-hire periods for which Charterers will give intimation on Fax/Email.

(c) Charterers performance claim pertaining to the previous quarter of the charter period, shall in first instance be settled in accordance with Charterers estimate made within 30 days after the end of the quarterly charter period under consideration. Necessary adjustment if any, shall be made within 90 days of such deduction by payment by the owners to the Charterers or by the Charterers to the Owners, as the case may be subject to owner’s disputing the deductions and submitting the necessary documents for review of the Charterers.

(d) Charter Hire for Off-Hire periods and charterers performance claim, if any, during the month in question.

(e) Tax to be Deducted at Source (TDS), educational cess and/or any other statutory deductions, if applicable.

(f) Penal Deduction, if any, on account of non-submission of PAN no. by the owners.

8.2 From the payment of charter hire for the final month of the charter period, Charterers are authorized to deduct cost of bunkers estimated to be on board on redelivery and any amount disbursed on Owners’ behalf and performance claim equivalent to a maximum of 5 days charter hire amount.

9. Space available to Charterers

The whole reach, burthen and decks of the vessel and its passenger accommodation (which shall be deemed to include Owners suite), if any, shall be at Charterers’ disposal, reserving only proper and sufficient space for the vessel’s master, officers, crew, tackle apparel, furniture, provisions and stores, provided that the weight of stores on board shall not, unless specially agreed, exceed 250 tons at any one time during the period of the charter. The vessel shall load and discharge cargo as rapidly as possible by night as well as by day when required by Charterers or their agents to do so. Charterers may consistently with the safety of the vessel

4

Page 5: Code word for this Charter Party - HPCLtenders.hpcl.co.in/tenders/tender_prog/TenderFiles/6879/…  · Web viewTime Charter Party. Date: It is this day agreed between --------------------------(hereinafter

remove any stanchion and ladders, which shall, if required, be replaced by them before redelivery at their own expenses and to the satisfaction of Owners’ surveyor.

10. Duties of Master

The Master shall prosecute his voyages with the utmost dispatch and shall render all reasonable assistance with the vessel’s officers and crew and equipment, overtime pay of the master, officers and crew in accordance with ship’s articles being at Owners expense when incurred as a result of complying with the request of Charterers or their agents.

11. Instructions and Logs

Charterers shall from time to time give the master all requisite instructions and sailing directions and he shall keep a full and correct log of the voyage or voyages, which Charterers or their agents may inspect as required. The master shall when required furnish Charterers or their agents with a true copy of such log and with properly completed loading and discharging port sheets and voyage reports for each voyage and other returns as Charterers may require. Charterers shall be entitled to take copies at Owners’ expense of any such documents, which are not provided by the master.

Owners to submit deck log abstracts and engine log abstracts in the format prescribed by the Charterers for all completed voyages within 15 days of completion of voyage, failing which Charteres shall not release subsequent charter hire payment(s) till receipt of the logs.

Statement of fact for sea passage in the format prescribed by Charterers to be duly filled by the Master of the vessel and to be handed over to the Charterers representative (Boarding Officer) on arrival at the port. A copy of the same to be faxed / emailed to the Chartrerers by the Owners after sailing of the vessel from the port.

12. Conduct of Vessel’s Personnel

If Charterers shall complain of the conduct of the master or any of the officers, Owners and Charterers jointly shall immediately investigate the complaint, and if the complaint prove to be well founded, Owners shall, without delay, make a change in the appointments.

13. Bills of Lading

The master (although appointed by Owners) shall be under the orders and direction of Charterers as regards employment of the vessel, agency or other arrangements. Bills of lading are to be signed at any rate of freight Charterers or their agents may direct, without prejudice to this Charter, the master attending as necessary at the offices of Charterers or their agents to do so. Charterers hereby indemnify Owners against all consequences or liabilities that may arise from the master, Charterers or their agents signing bills of lading or other documents, or from the master otherwise complying with Charterers or their agents orders, as well as from any irregularities in papers supplied by Charterers or their agents. The said indemnity shall not extend to any consequences or liabilities or apply to any loss or damage arising from orders to

5

Page 6: Code word for this Charter Party - HPCLtenders.hpcl.co.in/tenders/tender_prog/TenderFiles/6879/…  · Web viewTime Charter Party. Date: It is this day agreed between --------------------------(hereinafter

proceed to, enter, remain in or at, depart from or shift berth in or at any port, place, berth, dock, anchorage or submarine line, other than consequences or liabilities or loss or damage resulting from or caused by failure to exercise due diligence as required by clause 3 hereof.

The master shall authorize Charterers or their agents to sign bills of lading on his behalf if required to do so.

14. Stevedores, Pilots, Tugs

Stevedores when required shall be employed and paid by Charterers, but this shall not relieve Owners from responsibility at all times for proper stowage, which must be controlled by the master, who shall keep a strict account of all cargo loaded and discharged. Owners hereby indemnify Charterers, their servants and agents, against all losses, claims, responsibilities and liabilities arising in any way whatsoever from the employment of pilots, tugboats or stevedores who although employed by Charterers shall be deemed to be the servants and in the service of Owners and under their instructions, but such indemnity shall not exceed the amount to which the Owners would have been entitled to limit their liability if they had themselves employed such pilots, tugboats and stevedores.

15. Bunkers at Delivery and Re-delivery

The cost of bunkers on delivery will be reimbursed to the owners at the average of PLATTS Oilgram Bunkerwire quotes for Fujairah on the date of delivery. In case no publication is available on the date of delivery, the mean of averages of immediate previous and next available quotes shall be used. Exchange rate as mean of TT buying and selling as declared by SBI, Mumbai as on the date of delivery or if this date is a bank holiday, the previous day on which such exchange rate is available, will be used for conversion

Charterers will recover the cost of estimated re-delivery bunkers and the recovery shall be made by charterers at the average of PLATTS Oilgram Bunkerwire quotes for Fujairah on the date of re-delivery. In case no publication is available on the date of delivery, the mean of averages of immediate previous and next available quotes shall be used.

Final settlement for the actual re-delivery bunker quantities (either refund to the owners for the excess recovery or payment to the charterers for the under recovery) will be done alongwith last quarters performance settlement.

16. Passengers

Chartereres may send persons nominated by Charterers in connection with cargo operation, provided vessel’s certified accommodation and life boat capacity permits in the vessel’s available accommodation upon any voyage made under this charter, Owners finding provisions and all requisites as supplied to officers, except liquors.

6

Page 7: Code word for this Charter Party - HPCLtenders.hpcl.co.in/tenders/tender_prog/TenderFiles/6879/…  · Web viewTime Charter Party. Date: It is this day agreed between --------------------------(hereinafter

17. Sub-let

Charterers may sub-let the vessel, but shall always remain responsible to Owners for the due fulfillment of this charter.

18. Infected area and infraction of Local Law

Owners shall be liable for any delay in quarantine arising from the master, officers or crew having communication with the shore at any infected area without the written consent or instructions of Charterers or their agents, also for any loss of time through detention by customs or other authorities caused by smuggling or other infraction of local law on the part of the master, officers or crew.

19. Final Voyage

Should the vessel be on her voyage towards the port of redelivery at the time a payment of hire is due, payment of hire shall be made for such length of time as Owners and Charterers may agree upon as being the estimated time necessary to complete the voyage, less any disbursements made or expected to be made or expenses incurred or expected to be incurred by Charterers for Owners’ account and less the estimated value of bunker fuel remaining at the termination of the voyage, and when the vessel is redelivered any overpayment shall be refunded by Owners or underpayment paid by Charterers. Notwithstanding the provisions of clause 3 hereof, should the vessel be upon a voyage at the expiry of the period of this charter, Charterers shall have the use of the vessel at the same rate and conditions for such extended time as may be necessary for the completion of the round voyage on which she is engaged and her return to a port of redelivery as provided by this charter.

20. Loss of Vessel

Should the vessel be lost, hire shall cease at noon on the day of her loss and, should the vessel be missing, hire shall cease at noon on the day on which she was last heard of, and any hire paid in advance and not earned shall be returned to Charterers.

If the vessel is missing at the time when hire becomes payable, payment of the said hire shall be suspended until safety is ascertained.

21. Laying-up

Charterers shall have the option of laying up the vessel, in which case the hire provided for under this charter shall be reduced by the amount by which Owners can reasonably reduce the expenditure otherwise falling upon them under this Charter.

22. Off-Hire

In the event of loss of time (whether arising from interruption in the performance of the vessel’s service or from reduction in the speed of the performance thereof or in any other manner).

7

Page 8: Code word for this Charter Party - HPCLtenders.hpcl.co.in/tenders/tender_prog/TenderFiles/6879/…  · Web viewTime Charter Party. Date: It is this day agreed between --------------------------(hereinafter

(i) due to deficiency of personnel or stores, repairs, breakdown (whether partial or otherwise) of machinery or boilers, collision or stranding or accident or damage to the vessel or any other cause preventing the efficient working of the vessel; or

(ii) due to strikes, refusal to sail, breach of orders or neglect of duty on the part of the master, officers or crew; or

(iii) for the purpose of obtaining medical advice or treatment for or landing any sick or injured person (other than a passenger carried under clause 16 hereof) or for the purpose of landing the body of any person (other than such a person) ;

hire shall cease to be due or payable from the commencement of such loss of time until the vessel is again ready and in an efficient state to resume her service from a position not less favorable to Charterers than that at which such loss of time commenced.

Any such loss of time which arises wholly or partly from a reduction in the vessel’s guaranteed average speed provided in clause 24 hereof shall be taken to be the difference between the time the vessel would require to perform the relevant service at the said speed and the time actually taken to perform the same and such loss of time shall be added to any loss of time arising from interruption in the performance of the vessel’s service.

Further and without prejudice to the foregoing, in the event of the vessel deviating (which expression includes putting back, or putting into any port other than that to which she is bound under the instructions of Charterers) for any cause or for any purpose previously mentioned in this clause, no hire shall in any case be payable as from the commencement of such deviation until the time when the vessel is again ready and in an efficient state to resume her service from a position not less favorable to Charterers than that at which the deviation commenced.

In the event of the vessel, for any cause or for any purpose previously mentioned in this clause, putting into any port other than the port to which she is bound on the instructions of Charterers, the port charges, pilotage and other expenses at such port shall be borne by Owners. Should the vessel be driven into port or any anchorage by stress of weather hire shall continue to be due and payable during any loss of time caused thereby.

In the event of detention of the vessel by authorities at home or abroad in consequence of legal action against Owners (unless brought about by the act or neglect of Charterers), whereby the vessel is rendered unavailable for Charterers’ service, the vessel shall be off-hire until the service can again be resumed.

If the nation to which the vessel belongs becomes engaged in hostilities, hire and all other charges shall cease during the continuance of such hostilities if Charterers in consequence of such hostilities find it impossible to employ the vessel and in that event Owners shall have the right to employ the vessel on their own account.

All dry-dock charges shall be at Owners’ expense. Time lost by the vessel gas freeing for repairs and in awaiting her turn to enter dry-dock shall, irrespective of duration, count as off-hire.

8

Page 9: Code word for this Charter Party - HPCLtenders.hpcl.co.in/tenders/tender_prog/TenderFiles/6879/…  · Web viewTime Charter Party. Date: It is this day agreed between --------------------------(hereinafter

Any loss of time during which the vessel is off-hire as provided in this and thus succeeding clause shall count as part of charter period.

23. Periodical Drydocking/Planned Repairs

(a) Owners undertake that between twelve to thirty months after the vessel was last dry-docked and at the expiry thereafter of such between twelve to thirty months of continuous use under the Charter they will put the vessel in dry-dock and clean and paint her bottom at their expense as soon thereafter as Charterers place the vessel at owners’ disposal, free of cargo at a port at Charterers’ option.

(b) Owners shall propose to Charterers a date on which they wish to dry-dock the vessel/undertake repairs on the vessel not less than one month before such date. Charterers shall endeavor to release the vessel for planned repairs/dry-dock around the date indicated by the Owners at a port convenient to Charterers.

(c) Owners are prohibited to carry any cargo while proceeding towards dry dock or while returning from dry dock, without Charterer’s permission.

(d) During planned repairs/dry dock, the vessel shall be treated as off-hire and such off-hire will start from hose disconnection at port of release till tendering of NOR by Master of vessel at Outer Anchorage of an Indian / Foreign port at Charterers’ option where the vessel is intended to be taken over by the Charterers.

(e) Without prejudice to Clause 23 (d) above, if the vessel is dry-docked at foreign port and is nominated for lifting cargo ex a foreign port by Charterers, the vessel shall be on hire from the time of tendering NOR at foreign load-port nominated by Charterer. However, Charterers have no obligation to provide cargo to vessel from dry-dock port or any other nearby foreign port.

(f) If the vessel is proceeding for dry docking/planned repair, no allowance for gas freeing shall be given to owner.

(g) If the bunkers at the time of re-delivery of the vessel to Owners for dry-dock/repairs are more than the bunkers onboard the vessel at the time of Owners delivering the vessel after dry-dock/repairs to Charterers, then Charterers shall recover for the difference at the prevailing average ruling bunker price of the Indian Ports as on date of redelivery. If the redelivery bunkers are lower than the delivery bunkers, the Charterers would reimburse Owners for excess quantity of bunkers at the actual rate at which the bunkers have been obtained with Charterers’ prior approval.

(h) Fuel/Bunker consumption during planned repairs/dry-dock will be on Owners account.

(i) Owners are required to substitute the vessel during dry-docking with similar / superior vessel at no extra cost to Charterers : however overlapping of charter is prohibited.

9

Page 10: Code word for this Charter Party - HPCLtenders.hpcl.co.in/tenders/tender_prog/TenderFiles/6879/…  · Web viewTime Charter Party. Date: It is this day agreed between --------------------------(hereinafter

24. Detailed Description and Performance

Owners warrant that at the date of delivery under this charter the vessel shall be of the description set out in From C dated ______________ attached hereto and signed by them and undertake to use their best endeavor to maintain the vessel during the period of her service hereunder. Further but otherwise without prejudice to the generality of this clause Owners guarantee that the average speed of the vessel will not be less than ……. knots in ballast and …….. knots fully laden, with a maximum bunker consumption of ____ tons Diesel oil / Gas oil ___ tons fuel oil per day( SEE Clause no. 53(iii)) for all purposes excluding cargo cooling and tank cleaning, pumping, ballasting, maneuvering, deballasting in weather not exceeding beaufort scale 4, engines run full ahead (RFA) to engines standby below (SBB).

The aforesaid average speeds shall be calculated in each quarterly period by reference to the observed distance from pilot station on all sea passages and over the whole of the time the vessel is on hire during such period,

If during the quarterly period, as stated above, the vessel falls below the performance guaranteed in this clause then

a. If such shortfall results from a reduction in the average speed of the vessel, as herein defined, in relation to the average speed guaranteed hereunder then hire shall be reduced in an amount proportionate to the loss in time involved;

b. If such shortfall results from a decrease in the vessel’s average daily bunker consumption, as herein defined, in relation to the average daily consumption guaranteed hereunder, hire shall be reduced by an amount equivalent to the value of the excess in bunker consumption involved based on the average Indian Coastal Bunker price.

Reduction of hire under the foregoing provisions shall be without prejudice to any other remedy available to Charterers.

Claims in respect of reduction of hire arising under this clause during charter period & part period of the Charter period as specified in clause 3 hereof and any extension thereof under this charter shall in the first instance be settled in accordance with Charterers’ estimate as per the provisions of clause no. 8 hereof. Any necessary adjustment after the end of the charter shall be made by payment by Owners to Charterers or Charterers to Owners as the case may require (see clause no.8).

In event of any conflict between the particulars set out in the aforesaid Form B and any other provision (including this clause) of this Charter such other provision shall prevail.

25. Tanks etc .

Owners guarantee that the tanks/compressors /valves and pipelines etc., are gas tight at the commencement of this Charter, and Owners bind themselves to take every possible precaution to maintain the tanks, compressors, valves and Pipelines etc., in this condition during the charter period.

10

Page 11: Code word for this Charter Party - HPCLtenders.hpcl.co.in/tenders/tender_prog/TenderFiles/6879/…  · Web viewTime Charter Party. Date: It is this day agreed between --------------------------(hereinafter

26. Salvage

All salvage and all proceeds from derelicts shall be divided equally between Owners and Charterers after deducting the master’s, officers and crew’s share, hire of vessel for time lost and cost of fuel consumed and all other expenses incurred. Subject as aforesaid, and subject to the provisions of clause 22 hereof, all loss of time and all expenses (excluding any damage to or loss of the vessel) incurred in saving or attempting to save life and in unsuccessful attempts at salvage shall be borne equally by Owners and Charterers, provided that Charterers shall not be liable to contribute towards any salvage payable by Owners arising in any way out of services rendered under this clause.

27. Lien

Owners shall have a lien upon all cargoes and all freights for any amounts due under this Charter, and Charterers shall have a lien on the vessel for all moneys paid in advance and not earned, and for all claims for damages arising from any breach by Owners of this Charter.

28. Exceptions

Save that clauses 1, 2 and 24 hereof shall be unaffected hereby, the vessel, her master and Owners shall not, unless otherwise in this charter expressly provided, be responsible for any loss or damage arising or resulting from any act, neglect or default of the master, pilots, mariners or other servants of Owners in the navigation or management of the vessel; free, unless caused by the actual fault or privity of Owners; collision or standing; dangers and accidents of the sea; explosion, bursting of boilers, breakage of shafts or any latent defect in hull, equipment or machinery. And neither the vessel, her master or Owners, nor Charterers shall, unless otherwise in this charter expressly provided, be responsible for any loss or damage or delay or failure in performance hereunder arising or resulting from act of God, act of war, seizure under legal process, quarantine restrictions, strikes, lockouts, riots, civil commotions and arrest or restraint of princes, rulers or people. The vessel shall have liberty to sail with or without pilots, to tow or go to the assistance of vessels in distress and to deviate for the purpose of saving life or property. This clause is not to be construed as in any way affecting the provisions for cessation of hire as provided in this charter.

29. Injurious Cargoes

No acids, explosives or cargoes injurious to the vessel shall be shipped, nor shall any voyage be undertaken, nor goods or cargoes be loaded, that would involve risk of seizure, capture, or penalty.

30. Grade of Bunkers

Charterers have the option of supplying for use in the main motors marine diesel oil or fuel oil with a maximum viscosity of 180 cst upto s.g. 970 and for use under the boilers any commercial grade of fuel oil. Charterers warranty that all bunker provided by them in accordance herewith shall be of a quality conforming to BIS.

11

Page 12: Code word for this Charter Party - HPCLtenders.hpcl.co.in/tenders/tender_prog/TenderFiles/6879/…  · Web viewTime Charter Party. Date: It is this day agreed between --------------------------(hereinafter

31. Requisition

Should the vessel be requisitioned by the Indian Government during the period of this charter, the vessel shall be deemed to be off-hire during the period of such requisition, and any hire paid by the said Government in respect of such requisition period shall be for Owner’s account. The period during which the vessel is on requisition to the said Government shall count as part of the period provided for in clause 3 of this charter.

32. Outbreak of War

If war or hostilities break out between any two or more of the following countries Liberia, Tunisia, Great Britain, India, Pakistan, USA, China, Iran, Iraq both Owners and Charterers shall have the right of canceling the charter.

33. Additional War Expenses

Any extra War expenses which may be incurred by Owners if the vessel has to trade in areas where there is war (de facto or de jure) shall be borne by Charterers, provided that before such expenses are incurred Charterers are given an opportunity to signify their approval.

34. War Insurance

War and/or mine risk insurance, if any, shall be for Owners account, but notwithstanding the provisions of clause 5 hereof, war risk insurance on hull and machinery on a mutually agreed value in excess of the rate ruling at the date hereof shall be for Charterers’ account.

35. War Risks

(1) The master shall not be required or bound to sign bills of lading for any blocked port or for any port which the master or Owners in his or their discretion consider dangerous or impossible to enter or reach.

(2) (A) If any port of loading or of discharge named in this charter or to which the vessel may properly be ordered pursuant to the terms of the bills of lading be blocked, or

(B) If owing to any war, hostilities, warlike operations, civil war, civil commotions, revolutions, or the operation of international law (a) entry to any such port of loading or of discharge or the loading or discharge of cargo at any such port be considered by the master or Owners in his or their discretion dangerous or prohibited or (b) it be considered by the Master or Owners in his or their discretion dangerous or impossible for the vessel to reach any such port of loading or of discharge.

Charterers shall have the right to order the cargo or such part of it as may be affected to be loaded or discharged at any other port of loading or of discharge within the range of loading or discharge ports respectively established under the provisions of the Charter (provided such other port is not blockaded or that entry thereto or loading or discharge of cargo threat is not in the master’s or Owners’ discretion dangerous or

12

Page 13: Code word for this Charter Party - HPCLtenders.hpcl.co.in/tenders/tender_prog/TenderFiles/6879/…  · Web viewTime Charter Party. Date: It is this day agreed between --------------------------(hereinafter

prohibited). If in respect of a port of discharge no orders be received from Charterers within 48 hours after they or their agents have received from Owners a request for the nomination of a substitute port, Owners shall then be at liberty to discharge the cargo at any such port which they or the master may in their or his discretion decide on (whether within the range of discharge ports established under the provisions of the charter or not) and such discharge shall be deemed to be due fulfillment of the contract or contracts of affreightment so far as cargo so discharged is concerned. In the event of the cargo being loaded or discharged at any such other port within the respective range of loading or discharge ports established under the provisions of the charter, the charter shall be read in respect of freight and all other conditions whatsoever as if the voyage performed were that originally designated. However, if the vessel discharges the cargo at a port outside the range of discharge ports established under the provisions of the charter, freight shall be paid as for the voyage originally designated and all extra expenses involved in reaching the actual port of discharge and/or discharging the cargo there at shall be paid by Charterers or cargo owners. In this later event Owners shall have a lien on the cargo for all such extra expenses.

(3) The vessel shall have liberty to comply with any directions or recommendations as to departure, arrival, routes, ports of call, stoppages, destinations, zones, waters, delivery or in any other wise whatsoever given by the government of the nation under whose flag the vessel sails or any other government or local authority including any de facto government or local authority or by any person or body acting or purporting to act as or with the authority of any such government or authority or by any committee or person having under the terms of the war risks insurance on the vessel the right to give any such directions or recommendations. If by reason of or in compliance with any such directions or recommendations anything is done or is not done, such shall not be deemed a deviation.

If by reason of or in compliance with any such direction or recommendation the vessel does not proceed to the port or ports of discharge originally designated or to which she may have been ordered pursuant to the terms of the bills of lading, the vessel may proceed to any port of discharge which the master or Owners in his or their discretion may decide on and there discharge the cargo. Such discharge shall be deemed to be due fulfillment of the contract or contracts of affreightment and Owners shall be entitled to freight as if discharge had been effected at the port or ports originally designated or to which the vessel may have been ordered pursuant to the terms of the bills of lading. All extra expenses involved in reaching and discharging the cargo at any such other port of discharge shall be paid by Charterers and/or cargo owners. In this later event Owners shall have a lien on the cargo for freight and all such expenses.

Charterers shall procure that all bills of lading issued under this charter shall contain the foregoing clause so far as applicable to bills of lading.

13

Page 14: Code word for this Charter Party - HPCLtenders.hpcl.co.in/tenders/tender_prog/TenderFiles/6879/…  · Web viewTime Charter Party. Date: It is this day agreed between --------------------------(hereinafter

36. Both to Blame Collision Clause

If the liability for any collision in which the vessel is involved while performing this charter falls to be determined in accordance with the laws of the United States of America, the following provision shall apply:-

“If the ship comes into collision with another ship as a result of the negligence of the other ship and any act, neglect or default of the master, mariner, pilot or the servants of the carrier in the navigation or in the management of the ship, the Owners of the goods carried hereunder will indemnify the carrier against all loss, or liability to the other or non-carrying ship or her owners in so far as such loss or liability represents loss of, or damage to, or any claim whatsoever of the Owners of the said goods, paid or payable by the other or non-carrying ship or her owners to the owners of said goods and set off, recouped or recovered by the other or non-carrying ship or her owners as part of their claim against the carrying ship or carrier.”

“The forgoing provisions shall also apply where the owners, operators or those in charge of any ship or ships or objects other than, or in addition to, the colliding ships or objects are at fault in respect to a collision or contract.”

Charterers shall procure that all bills of lading issued under this charter shall contain a provision in the foregoing terms, to be applicable where the liability for any collision in which the vessel is involved fails to be determined in accordance with the laws of the United States of America.

37. New Jason Clause

General average shall be payable according to the York/Antwerp Rules, 1974 and shall be adjusted in Mumbai, India but should adjustment be made in accordance with the law and practice of the United States of America, the following provision shall apply :-

“In the event of accident, danger, damage or disaster before or after the commencement of the voyage, resulting from any cause whatsoever, whether due to negligence or not, for which, or for the consequence of which, the carrier is not responsible, by statute, contract or otherwise, the goods, shippers, consignees or owners of the goods shall contribute with the carrier in general average to the payment of any sacrifices, losses or expenses of a general average nature that may be made or incurred and shall pay salvage and special charges incurred in respect of the goods.”

“If a salving ship is owned or operated by the carrier, salvage shall be paid for as fully as if the said salving ship or ships belonged to strangers. Such deposit as the carrier or his agents may deem sufficient to cover the estimated contribution of the goods and any salvage and special charges thereon shall, if required, be made by the goods, shippers, consignees or owners of the goods to the carrier before delivery.”

Charterers shall procure that all bills of lading issued under this charter shall contain a provision in the foregoing terms, to be applicable where adjustment of general average is made in accordance with the laws and practice of the United States of America.

14

Page 15: Code word for this Charter Party - HPCLtenders.hpcl.co.in/tenders/tender_prog/TenderFiles/6879/…  · Web viewTime Charter Party. Date: It is this day agreed between --------------------------(hereinafter

Clause 38 to 80, both inclusive, as attached hereto in Part II, are incorporated herein.

FOR AND ON BEHALF OF FOR AND BEHALF OFHINDUSTAN PETROLEUM CORPORATION LTD (CHARTERERS) (OWNERS)

PART-II

Additional Clauses to LPG/C -----------------/HPCLTime Charter Party dated ………………

38. It is understood and agreed that if these additional Clauses as specified herein, conflict with any of the clause(s) in Part I of this charter party, the additional Clauses shall apply.

39. Owners shall provide Charterers with one copy each ofa.Ships deadweight scale and DWT tables.b. Ships general arrangement plan.c.Ships capacity plan.d. Cargo pipeline layout diagram in compressor room tanks and on deck.

40. Owners shall clean the vessels tanks, lines, pumps and compressors to Charterer’s Inspector’s satisfaction before delivery of the vessel. If any further cleaning required, expenses and time shall be for owners account. Owners to carry out thorough cleaning of tanks, pipelines etc by standard process before the vessel is presented to Charterer’s Inspector’s inspection. However, even if after such thorough cleaning of the vessel, she remains unsuitable for loading cargo, Charterer shall have the option to cancel the charter party.

41. Charterers shall procure that all Bills of Lading issued under this charter shall contain the following Paramount Clause :

This Bill of Lading shall have effect subject to the provisions of the Indian Carriage of Goods by Sea Act except that if this Bill of Lading is issued at a place where any other Act, Ordinance or Legislation gives statutory effect to the International Convention for the unification of certain rules relating to Bills of Lading at Brussels, August 1924 then this Bills of Lading shall have effect, subject to the provisions of such Act, Ordinance or Legislation.

This applicable act, Ordinance or Legislation (hereinafter called the Act) shall be deemed to be incorporated herein and nothing herein contained shall be deemed a surrender by the owners of any of its right or immunities or an increase of any of its responsibilities or liabilities under the act. If any term of this Bills of Lading be repugnant to the act to any extent, such term shall be void to the extent but no further.

15

Page 16: Code word for this Charter Party - HPCLtenders.hpcl.co.in/tenders/tender_prog/TenderFiles/6879/…  · Web viewTime Charter Party. Date: It is this day agreed between --------------------------(hereinafter

42. Owners to ensure that on demand by Charterers or their surveyors, Master shall make available a copy of each displacement/deadweight tables, trim corrective tables, Hydrostatic Data and General arrangement plan.

43. Owners undertake that vessel has not been sold nor will be sold for scrapping or otherwise during the currency of this charter party.

44. Owners confirm that vessel complies with ISGOTT and also complies with SOLAS Convention 1974/78 and related protocol of 1978.

45. Master should sign as many sets of Bills of Lading as presented by Shippers.

46. Indian Carriage of Goods by Sea Act to apply.

47. Charterers shall exercise due diligence to ensure that the vessel is only employed between and at safe ports, places, berths, docks, anchorages and submarine lines where she can always lie safely afloat but notwithstanding anything contained in this or any other clause of this charter, Charterers shall not be deemed to warrant the safety of any port, place, berth, dock, anchorage or submarine line and shall be under no liability in respect thereof except for loss, or damage caused by their failure to exercise due diligence as aforesaid. Subject as above, the vessel shall be loaded and discharged in any dock or at any wharf or place or anchorage or submarine line or alongside lighters or other vessel as Charterers may direct.

The vessel shall trade within the limits specified between such safe ports, berths or places, where she can lie always safely afloat as Charterers shall direct. Transfer of gas from and to the vessel and to and from another ocean going vessel made fast alongside or while underway shall be allowed in accordance with “ICS/OCIMF” Ship-to-Ship Transfer guide for liquefied gases provided Owners have been given reasonable notice in advance and only to the extent that such operation is safe. However, it is agreed between the Owners and Charterrs that if at any time, the Master of the vessel considers it unsafe to either go or remain alongside such other vessel offshore, he has discretion either not to go alongside of the other vessel or if already alongside other vessel, then to withdraw from alongside of other vessel to avoid prejudicing safety of the vessel or of such other vessels off shore. Removal of the vessel shall always be at the sole discretion of the Master. All extra equipment including pneumatic fenders and LPG hoses required for such transfers/double banking operation shall be provided by the Charterers at their cost, expense and risk. Charterers also reimbursing to owners any additional insurance premium and indemnifying owners against any damage caused to the vessel. The vessel shall remain on hire for any time lost whether directly or indirectly as a result or consequences of such transfer operation.

48. Charterers shall provide and pay for all water. Master to exercise due diligence in indenting fresh water requirements and the same if not done, any time lost will be on owners’ account. On enquiry from Charterers, Master to advise Charterers the basis on which water is required at any port. Owners to reimburse cost of water in excess of 20 tons per day at rate of Rs.500/MTs at the end of each quarter.

16

Page 17: Code word for this Charter Party - HPCLtenders.hpcl.co.in/tenders/tender_prog/TenderFiles/6879/…  · Web viewTime Charter Party. Date: It is this day agreed between --------------------------(hereinafter

49. Master will ensure, subject to safety of vessel nature of cargo carried, and due appreciation of contamination risks of vessel that no deadfreight is allowed to occur in respect of the following:

Loading to a lesser draft than instructed by the Charterers in writing, non-delivery of the cargo in full at discharge port and on carrying the cargo to loadport unless instructed by Charterers in writing.

In the event of deadfreighting as mentioned above, owners will pay for the deadfreighting to the charterers. The calculation of deadfreighting will be done after taking ship’s constant figure as …….. Metric tons excluding fresh water.

50. At all ports Master shall pump water in shore lines to displace cargo or for quality purpose whenever directed by Charterers/Charterers’ agents.

51. The computation of gradewise product loss for each completed voyage (from loadport to loadport) will be as follows:

a. The difference between quantity discharged at disport and quantity loaded at load port each as per Ship’s measurements by an Independent Inspector shall be calculated.

b. The difference between on board quantity prior loading at subsequent load port and the on board quantity at load port prior to loading of the cargo, each as per Ship’s measurements by an Independent Inspector, shall be calculated

c. The net loss shall be (1) or (2) whichever is higher and the CIF value of this net loss will be deducted from the Charter-hire payable to the owners.

52. Owners agree that the cargo pumps/compressors will throughout the terms of this charter, discharge vessel’s cargo as per clauses of this charter party.

53. If, in respect of any such period, it is found that the vessel has failed to maintain the speed and/or fuel consumption and/or pumping performance guarantee under this clause, Charterers shall be compensated in respect of each failing as stated in clauses hereunder.

i. Speed

The total mileage of the actual course the vessel has traveled during the period of review shall be divided by the guaranteed speed and a notional time of passage is computed as mentioned in clause above. If the actual total hours at sea shown in the log books are in excess of the above mentioned notional time then the excess time shall be treated as offhire and the charterers shall be entitled to claim the charter hire for the offhire computed in this manner.

17

Page 18: Code word for this Charter Party - HPCLtenders.hpcl.co.in/tenders/tender_prog/TenderFiles/6879/…  · Web viewTime Charter Party. Date: It is this day agreed between --------------------------(hereinafter

ii. Fuel Consumption

Should the actual consumption of the ship during the period of review be more than the guaranteed consumption which would be computed by multiplying the charter party guaranteed consumption by charter party notional time as at (a) above then the owners shall be liable to pay for the extra cost of bunkers consumed by the ship at the weighted average of average ruling Indian Ports bonded or duty paid bunker prices, based on the number of day’s of voyages in foreign and coastal run, to be the basis for the settlement of bunker cost on account of underperformance of the vessel at the end of each review period under this clause.

iii. The guaranteed speed and bunker consumption are as follows :

(A) GUARANTEED SPEED: LADEN ---------- KNOTS / HR BALLAST ........... KNOTS / HR

(B) GUARANTEED BUNKER CONSUMPTION

FO MDO MGO (MTS /HR):

STEAMING (LADEN) .......... ........... ........... STEAMING (BALLAST) .......... ........... ...........HAROBUR STEAMING .......... ........... ...........IDLING .......... ........... ........... LOADING .......... ........... ........... DISCHARGING .......... ........... ...........

FO GRADE CONSUMED : IFO 380 / 180 : ……….

(C) LOADING RATE PER HOUR PER LINE IN M3 ------------- NO. OF LINES ------------

(D) DISCHARGE RATE PER HOUR PER LINE IN M3 ------------- NO. OF LINES ------------

(E) CARGO QTY THE VESSEL CAN CARRY AT 7.0 MTR FW DRAFT AT HALDIA _________ TMT

(F) CAPACITY PF BOOSTER (FOR PROPANE) _________ m3 /HR

(G) CAPACITY OF HEATER (FOR PROPANE) _________ m3/HR

54. PUMPING PERFORMANCE

The following discharging rates and/or pressure shall be maintained with the use of one or more pumps/compressors during bulk discharge provided shore facilities permit and excluding ship to ship operation.

Vessel shall maintain the following discharge rate and/or pressure :

For Cryogenic discharge: Vessel to discharge entire cargo within 24 hours, or alternatively, maintain the pressure of 8kg/cm2 where shore permits or the pressure requested by the shore, whichever is less.

18

Page 19: Code word for this Charter Party - HPCLtenders.hpcl.co.in/tenders/tender_prog/TenderFiles/6879/…  · Web viewTime Charter Party. Date: It is this day agreed between --------------------------(hereinafter

For Pressurized discharge: Vessel to discharge entire cargo within 24 hours, or alternatively, maintain the maximum pressure of 15 kg/cm2 where shore permits or the pressure requested by the shore, whichever is less. Vessel must maintain cargo temperature as per shore requirement.

The definition of entire cargo would mean the quantity the vessel can load fully laden. The allowed time for discharge would be proportionately reduced for the quantity to be discharged as per ship’s ullages. In case the time so arrived by proportionate reduction is less than 12 hrs, the allowed time shall be 12 hrs.

The vessel shall be capable of discharging two grades simultaneously and the allowed time will be calculated based on the greater quantity between the two grades. If vessel fails to discharge two grades simultaneously, the time taken for discharge of the grade with lower quantity will entirely be treated as off-hire time for the vessel.

The owners will provide on each line at ship’s manifold separate pressure gauges just prior to discharge hoses. If no such pressure gauge is provided by the Master, then jetty pressure gauge reading will be taken as the pressure developed by the ship.

Should the vessel fail to maintain said pressure and/or discharge rate as above the time lost will be lower of the following:

(a) The difference between actual time and time that would have taken had the vessel maintained the said pressure as above which will be calculated by the proportionate ratio of actual pressure to the guaranteed pressure by straight line method.

(b) The difference between actual time and the time that would have taken, had the vessel maintained the said discharge rate as above will be calculated

Charterers shall recover from owners the charter hire for the lower of the time lost as calculated at (a) and (b) above.

After all fast, vessel shall place the gangway within 30 Minutes, failing which time taken will be on owner’s account.

55. BALLASTING/DEBALLASTING

Vessel has got segregated ballast arrangements and ballasting/deballasting wil be carried out simultaneously with discharging/loading of cargo.

56. LOADING

VESSEL CAN LOAD MAX ________ CBM  / HR - ON ONE STRING PROVIDED  TEMPERATURE OF CARGO LOADED IS NOT HIGHER THAN ______ DEGREE C.

Charterers shall be entitled to recover any time lost on account of loading being restricted by the vessel at the rate lesser than that mentioned above.

19

Page 20: Code word for this Charter Party - HPCLtenders.hpcl.co.in/tenders/tender_prog/TenderFiles/6879/…  · Web viewTime Charter Party. Date: It is this day agreed between --------------------------(hereinafter

57. LIGHTERAGE

Owners will allow Charterers to use vessel for lightening alongside Mother tanker as and when required by Charterers provided :

(1) Charterers option to load vessel via ship to ship transfer at anchorage weather permitting and subject to master’s approval which is not be unreasonably withheld at anchorage.

(2) It is understood and agreed that vessel’s crew will be required to assist in handling fenders, hoses as well as mooring and unmooring as designated by the mooring master. Charterers to provide all fenders, hoses and equipments necessary to perform the lightening operations and Charterers shall be responsible for damage to the vessel resulting from the lightening operations.

(3) Charterers to indemnify the owners of the LPG/C ---------- hereinafter referred to as the lighterage ship against all claims whatsoever and howsoever arising by the reasons of any incident occurring or any act, error or omission committed from the time of arrival of the lighterage ship in the vicinity of the mother/daughter tanker until departure from the vicinity of the mother/daughter tanker after the cargo is transferred. It is further understood that such incident arising even due to the negligence of the owners of the lighterage ship or their servants or by officers or member of the crew of the lighterage ship and also including claims arising out of or in connection with oil pollution together with all such claims and cost of losses or damages suffered by the owners of the lighterage ship against all claims arising out of the loss or damage to cargo transferred.

Charterers will provide fenders, hoses and equipments including Nitrogen for purging hoses for lighterage operations.

58. DOUBLE BANKING

Owners will allow Charterers to use vessel for ship to ship transfer from mother tankers or daughter tanker as and when required by Charterers, provided.

a. Charterers option to load vessel via ship to ship transfer at safe anchorage weather permitting.

b. It is understood and agreed that the vessel’s crew will be required to assist in handling fenders, hoses as well as mooring and unmooring as designated by the mooring master. Charterers to provide all fenders, hoses and equipments necessary to perform the lightening operations required alongwith qualified LPG loading Master.

c. Vessel has one manifold or reducers with flanges of 8/10/12 inches internal diameter and of A.S.A 150/300 standard flange as required for hose connections.

d. Entire lighterage operations will be guided by

20

Page 21: Code word for this Charter Party - HPCLtenders.hpcl.co.in/tenders/tender_prog/TenderFiles/6879/…  · Web viewTime Charter Party. Date: It is this day agreed between --------------------------(hereinafter

i. International Chamber of Shipping/Oil Companies, International Maritime Forum Ship to Ship transfer Guide (LPG) and

ii. International Chamber of Shipping/Oil Companies International Safety Guide for Oil LPG Tanker and Terminals.

e. For double banking/lightening operations Charterers to provide one standby tug throughout the operations for emergency and one qualified loading Master for LPG transfer operations.

59. COOLANT ON BOARD :

Joint survey to be conducted at first load port and final disport i.e. at the time of delivery and redelivery of the vessel, to ascertain the quantity of coolant on board the vessel.

Cost of any difference in quantities at the time of delivery and redelivery shall be paid by Charterers if due to the owners last invoice prior delivery or by the owners, if due to the Charterers at Charterers last invoice prior redelivery.

60. DELIVERY / RE-DELIVERY :

The delivery of the vessel shall be taken at berth at one safe port AG / Red Sea at Charterer’s option after coastal conversion (if required) and bunker survey. Time and cost for conversion and bunker survey shall be on Owner’s account.

Broad laycan will be narrowed down to 1/2/3 days as per the Terminal practice at the port of delivery and shall be advised to the Owners. The Charter hire period shall commence as per the following:

Vessel arrived before narrowed laycan : Commencement of loading time at the jetty (vessel’s berthing / loading prior commencement of laycan always subject to mutual acceptance of Owners and Charterers) or 0600 hrs of the 1st day of the narrowed down laycan, whichever is earlier.

Vessel arrived during narrowed laycan : NOR + 6 hrs or commencement of loading, whichever is earlier.

Vessel arrived after narrowed laycan : Vessel to wait in the queue and charter hire period shall commence either on commencement of loading or 72 hrs after tendering of NOR with allowance for tide, night navigation, pilot etc. whichever is earlier.

The vessel shall be redelivered at berth at one safe port in India (ECI or WCI) at Charterer’s option after bunker survey, time and cost for which shall be on Charterer’s account. The time and cost of conversion or reversion, as the case may be, after re-delivery of the vessel will be on Owner’s account.

21

Page 22: Code word for this Charter Party - HPCLtenders.hpcl.co.in/tenders/tender_prog/TenderFiles/6879/…  · Web viewTime Charter Party. Date: It is this day agreed between --------------------------(hereinafter

If the vessel requires coolant at the port of delivery (either initial delivery or delivery after drydock) to make the cargo tanks ready to load Charterers’ intended cargo, the following clause shall apply :

1. Charterers will arrange supply of coolant to the vessel. The qty of  coolant  supplied   will  be  considered  as part of cargo.

2. The entire gassing up / cooling down operation will be carried out at the anchorage designated by the port of loading for the purpose. The coolant loss, as measured by an independent inspector, during gassing up / cooling down the tanks will be on vessel / owners’ account.

3. The additional port expenses incurred by the Charterers for the purpose of supplying coolant to the vessel will be on vessel / owners’ account.

4.   Entire time for loading coolant, cooling / gassing up, waiting time for loading coolant  /  loading main cargo etc.,  will be on owners' account.  The on-hire period will  commence only upon commencement of loading  main cargo.

5. The coolant quantity at the time of delivery (initial or after dry-dock) will be considered zero (nil) for the purpose of settlement of difference of coolant quantities at the time of delivery and re-delivery.

61. CHARTER HIRE

The payment of Charter hire USD --------- PDPR all iclusive in accordance with clause no. 8 and its sub clauses hereof in advance to Owners’ nominated Bank A/c .

62. deleted

63. (i) Trading limits :Worldwide within IWL but excluding USA, Canada and countries prohibited by Indian Govt. on time to time. Charterers may use the vessel for transporting LPG for Indian and/or cross trade.

Trading :Vessel will be primarily deployed for imports of LPG but owners confirm that vessel is also capable of undertaking coastal movement/floating/transshipment of LPG cargo.

(ii) Owners to convert vessel for coastal trade at their time and cost before delivery, if delivered on the West Coast India. During the time charter period if Charterers use vessel for overseas trade in which case conversion of vessel from coastal to foreign run and from foreign to coastal run, the time and cost to be for Charterers account and to be carried out by Charterers or their Agent.

(iii) Any Overage insurance on cargo due to vessel’s age and/or flag to be owners account.

22

Page 23: Code word for this Charter Party - HPCLtenders.hpcl.co.in/tenders/tender_prog/TenderFiles/6879/…  · Web viewTime Charter Party. Date: It is this day agreed between --------------------------(hereinafter

(iv) Type of vessel: Owners confirm that vessel is able to lift 22.5 TMT +/-10% Propane and 22.5 TMT +/-5% Butane OR 45 TMT +/-5% LPG(IMPORT/INDIGENOUS).

(v) Vessel has no adverse performance record during last 12 months.

64. BONUS

Owners shall not be entitled to any bonus due to vessel’s superior performance saving time/cost due to speed/bunker consumption/discharging time but vessel’s under performance shall be penalized as per charter party.

65. Owners agree to discharge cargo against Hindustan Petroleum Corporation Ltd., Mumbai’s Letter of Indemnity in case Charterers are unable to present original Bills of Lading at discharge port(s).

66. Charterers to give owners not less than fifteen (15) days provisional notice followed by 05 days definite notice of redelivery of place/port of vessel.

67. Owners confirm vessel is suitable for berthing/loading/unloading at Indian ports viz. Jamnagar (including RPL / Essar Terminal), Haldia, Ennore, Vizag and JNPT and foreign ports viz. Ras Laffan, Mesaieed, Ruwais, Rastanura and MAA (Kuwait) and fully meets all loadports/disports regulations in force at the time of loading/unloading including terminal requirements.

In case of any deficiencies observed by the port authorities (Indian/Foreign)/Supplier requiring 3rd party inspection etc. The same to be completed/complied at the time and cost on owner’s account. Vessel shall remain off-hired until deficiencies are full addressed and vessel is accepted by the port authorities (Indian/Foreign)/Supplier bringing out the deficiency or an alternate employment of the vessel is lined up by the charterers.

Owners confirm vessel is suitable for undertaking STS operations at berths/anchorage from Indian/Foreign flag mother vessels subject to charterers carrying out same in accordance with ICS/OCIMF and SIGTO guidelines.

68. Owners confirm vessel to arrive with sufficient bunkers at delivery port (Minimum 20days bunkers ).

69. Owners confirm vessel possess all valid statutory licenses/certificates/approvals issued by various statutory/govt. Bodies through out the duration of the charter, including extension

periods.

70. Owners to confirm vessel have foreign/coastal operation permission from the competent authority for the entire period of charter including optional periods.

71. Owners to confirm vessel meets ISPS code/requirements and also comply with all rules and regulations at various foreign/Indian loadports/disports. The following shall be applicable :

23

Page 24: Code word for this Charter Party - HPCLtenders.hpcl.co.in/tenders/tender_prog/TenderFiles/6879/…  · Web viewTime Charter Party. Date: It is this day agreed between --------------------------(hereinafter

If the vessel does not conform to ISPS code, detention and/or costs shall be on owner’s account.

If port of call under Charterers instruction does not conform to ISPS code, detention and/or costs shall be on Charterer’s account.

If both the vessel and port are ISPS compliant, the detention and/or costs shall be borne equally by Charterers and Owners provided such detention and/or costs are solely due to the reason of ISPS code. For instance, delays could be on account of security drills, checks by local authorities etc.

72. Conversion/reversion: Any conversion to coastal run and reversion to foreign run during the charter period will be on Charterers account and will be done by Charterers except when conversion / reversion is on account of dry-docking of the vessel.

73. Cost of delivery bunker survey on owners account and cost of re-delivery bunker survey on Charterers account.

74. In the event of any complaint brought to Charterers notice by the port authorities/terminal, Charterers have the right to de-hire the vessel.

75. BIMCO BUNKER FUEL SULPHUR CONTENT

a. Without prejudice to anything else contained in this Charter Party, the Charterers shall supply fuels of such specifications and grades to permit the Vessel, at all times, to comply with the maximum Sulphur content requirements of any emission control zone when the Vessel is ordered to trade within that zone.

The Charterers also warrant that any bunker suppliers, bunker craft operators and bunker surveyors used by the Charterers to supply such fuels shall comply with Regulations 14 and 18 of MARPOL Annex VI, including the Guidelines in respect of sampling and the provision of bunker delivery notes.

The Charterers shall indemnify, defend and hold harmless the Owners in respect of any loss, liability, delay, fines, costs or expenses arising or resulting from the Charterers’ failure to comply with this Sub-clause (a).

b. Provided always that the Charterers have fulfilled their obligations in respect of the supply of fuels in accordance with Sub-clause (a), the Owners warrant that :

(i) the Vessel shall comply with Regulations 14 and 18 of MARPOL Annex VI and with the requirements of any emission control zones and

(ii) the Vessel shall be able to consume fuels of the required Sulphur content when ordered by the Charterers to trade within any such zone.

24

Page 25: Code word for this Charter Party - HPCLtenders.hpcl.co.in/tenders/tender_prog/TenderFiles/6879/…  · Web viewTime Charter Party. Date: It is this day agreed between --------------------------(hereinafter

Subject to having supplied the Vessel with fuels in accordance with Sub-clause (a), the Charterers shall not otherwise be liable for any loss, delay, fines, costs or expenses arising or resulting from the Vessel’s failure to comply with Regulations 14 and 18 of MARPOL Annex VI.

c. For the purpose of this Clause, “emission control zone” shall mean zones as stipulated inMARPOL Annex VI and/or zones regulated by regional and/or national authorities such as, but not limited to, the EU and US Environmental Protection Agency.

76. Law & Arbitration

a) This charter shall be construed and the relations between the parties determined in accordance with the laws of India.

b) Any dispute or difference between the Owners on the one hand and the Charterers on the other hand arising under this Charter Party Agreement shall be referred to the Arbitration of three Arbitrators in Mumbai, one to be appointed by the Owners and one by the Charterers. The two Arbitrators before proceeding with the Arbitration shall appoint a third Arbitrator, the decision of the Arbitrators by majority, shall be final and binding on both the parties. The provisions of (Indian) Arbitration and Conciliation Act, 1996 and the rules made there under and any statutory modification thereof shall apply to such Arbitration.

In case of signing of Charter Party with a PSU/Govt.Undertaking, the arbitration clause applicable as per Govt.guidelines for PSU/Govt. Undertaking will apply.

77. COURTS & JURISDICTION

Subject to clause 77 above; The Courts in the city of Mumbai alone shall have exclusivejurisdiction to adjudicate upon any proceedings arising out and/or instituted under this CharterParty Agreement.

78. Communication

Owners to provide efficient communication system at their expenses including Satcom system wherever necessary.

79. P&I.

Owners guarantee that throughout the duration of the Charter, the vessel will be P & I insured for their account in a recognized first class P & I club (cover not less than USD 1 Billion or as stipulated by the statutory authorities in India). Owners to ensure cover for all activities under this charter party agreement, as directed by the Charterers.

80. In the event of THE VESSEL not BEING available for service to the charterers for OWNERS’ reasons like arrest of the vessel, major breakdown, ETC more than 15 days, the Owners shall

25

Page 26: Code word for this Charter Party - HPCLtenders.hpcl.co.in/tenders/tender_prog/TenderFiles/6879/…  · Web viewTime Charter Party. Date: It is this day agreed between --------------------------(hereinafter

provide a substitute vessel within 15 days, after notice FROM the Charterers, failing which the Charterers have an option to take substitute vessel/s on voyage / TIME charter from open market for product movement and any additional charge paid in hiring the substitute vessel/s shall be compensated by the Owners or recovered by the Charterers from the amounts due to them. The off hired vessel shall be taken back on hire only after the completion of the voyage of the “substitute” vessel

FOR AND ON BEHALF OF FOR AND ON BEHALF OFHINDUSTAN PETROLEUM CORPORATION LTD.(CHARTERERS) (OWNERS)

PARTICULARS OF VESSELS (FORM B) Date :

1 (a) Ship’s name : LPG/C (b) Yard No :(c) Year Built :

2 DEADWEIGHT (Classified Summer freeboard): M.Tons2. DIMENSIONS

(a) Length overall : mtrs(b) Length between perpendiculars: mtrs(c) Beam Extreme: mtrs(d) Draft fully laden in salt water on Classified Summer freeboard: mtrs(e) Moulded Depth: mtrs

3. MACHINERY(a) Type of propelling Machinery & Make :(b) Maximum rated B.H.P & R.P.M :(c) Proposed service B.H.P. & R.P.M.:

4. BOILER AND STEAM OUTPUT

Number and type of boilers :

(a) AALBORG VERFT(b) Maximum steam output available : @ kg/cm2

(Steam Ship only) Normal service output corresponding to 4 (c) : (c) Estimated steam required to maintain cargo heating in accordance with clause 1

(c) of the charter party(d) Estimated steam required in port for auxiliaries and ship’s services including

deck machinery.(e) Estimated steam required for driving all cargo and ballast pumps

26

Page 27: Code word for this Charter Party - HPCLtenders.hpcl.co.in/tenders/tender_prog/TenderFiles/6879/…  · Web viewTime Charter Party. Date: It is this day agreed between --------------------------(hereinafter

(f) as per item 9 & 11

5. BUNKERS

(a) Grade of bunkers Main Engine :(b) Grade of bunkers Auxiliaries :(c) Maximum rates at which lines will receive bunkers (d) Bunker consumption per M.ton of water evaporated: (e) Capacity of bunker tanks (98% full):

6. FRESH WATER

(a) Is vessel equipped with fresh water evaporating capacity (and sterilizing equipment where necessary) Sufficient to meet all needs of boilers washing and portable purposes -

(b) Capacity of water tanks : (c) Daily consumption of boilers : (d) Daily consumption other purposes: (e) Evaporator capacity per day:

LOADING/DISCHARGING ARRANGEMENTS

7. CARGO TANKS

(a) Number of compartments (including slop tank): (b) Total capacity (98% full): (c) Number of grades can segregate with two valve separation:(d) Can vessel fulfil requirements of Item 7A in the Digest –(e) Can vessel load/discharge cargo with up to 15 lbs Reids vapour pressure?

8. CARGO PUMPS

(a) Number:.(b) Make: (c) Type & Number of stages :(d) Manufacturers designed rated capacity of each pump in cubic

Meters per hour and corresponding head in meters C.M.P.H(e) Capacity of each pump in cubic meters per hour for the guaranteed

discharge head of meters manifold (f) Estimated steam consumption of each pump when discharging as above –

9. STRIPPING PUMPS

(a) Number and size : (b) Design capacity of each pump in cubic meters per hour and discharging pressure at the

pump C.M.P.H@ Kgs Per Cm2

27

Page 28: Code word for this Charter Party - HPCLtenders.hpcl.co.in/tenders/tender_prog/TenderFiles/6879/…  · Web viewTime Charter Party. Date: It is this day agreed between --------------------------(hereinafter

10. BALLASTING SYSTEM

(a) Is vessel equipped with separate ballasting system?:(b) State percentage of ship’s summer deadweight separate system can contain:(c) Number of pumps for handling ballast as in (b) : (d) Designed rated capacity of each pump in cubic meters/hour (e) Design head at pump Corresponding to this capacity m Head Kg P.H.(f) Estimated steam consumption of each pump when discharging to Capacity 11 (d)

above Kg P.H.

11. CARGO LOADING PERFORMANCE

(a) Maximum rate at which vessel can load homogeneous cargo m3 per hr(b) Maximum rate at which vessel can load each grade when loading

two grades simultaneously m3 per hr

12. CARGO AND BUNKERING MANIFOLDS

(a) What is the distance of center of manifolds from amidships (frommid length position)

(b) Distance of manifold flanges from ship’s side (c) Height of center flanges above deck or working platform (d) Distance between centers of manifold flanges

Specify number and size of reducing pieces on board (e) Number of loading/discharging lines can connect on each side : (f) Number and Position of bunkering connections relative to Loading/discharge manifolds (g) Do loading and discharging manifolds arrangements comply with all other requirement of

item 12 in the Digest ? (h) Is vessel fitted with sterm loading/discharging line for cargo ? (i) Is vessel fitted with sterm loading line for bunker ? (j) State number of grades cargo can load/discharge simultaneously through amidship

connection with two valve separation without risk of contamination –

13. HEATING COILS

(a) Type of coils and material of which manufactured : (b) Ratio of tank heating surface/volume

(1) Centre tanks(2) Side tanks

(c) Height of coils from tank bottoms(d) State source of steam from cargo heating (e.g. steam/steam generator or external

desuperheater) and maximum output available

14. SLOP TANKS AND TANK CLEANING

28

Page 29: Code word for this Charter Party - HPCLtenders.hpcl.co.in/tenders/tender_prog/TenderFiles/6879/…  · Web viewTime Charter Party. Date: It is this day agreed between --------------------------(hereinafter

(a) Is vessel fitted with slop tank(s) and able to fulfil Item 10(a) in the Digest? (b) Type of tank cleaning equipment fitted (c) Type of gas extraction equipment fitted

15. MOORING AND LIFTING EQUIPMENT

(a) Does vessel confirm with item 13 in the Digest ? (b) Safe working load of derrick in way of manifold (c) Safe working load of derrick for handling forehold cargo (d) Safe working load of derrick or davit on poop deck for handling

Stern line. (e) Holding power of each mooring winch

16. GENERAL

(a) Are hull stress calculators fitted ? (b) Cubic capacity of forehold (c) Is forehold registered for volatile cargoes ? (d) Does Radio equipment confirm to item 14(a) (I) in the Digest ?(e) Type of Radio Telephone fitted (f) Type of Automatic Pilot fitted : (g) Type of Echo Sounder fitted : (h) Type of Radar fitted : (i) Is DACCA Navigator fitted ? : (j) Is submerged log fitted ? : (k) Are any auxiliaries run on gasoil ?

If so give details of consumption(l) Is Suez Canal orojector fitted ? (m) If vessel’s dimensions compatible with Panama Canal transit will shy comply

withPanama Canal Regulations for carriage of : (1) Grade ‘A’ cargoes(2) Grade ‘B’ cargoes(3) Grade ‘C’ cargoes(4) Grade ‘D’ cargoes

N.B: When submitting this Form the following plans should be attached :-

(1) General Agreement Plan(2) Detailed Cargo Manifold Arrangement Drawing(3) Pumping Arrangement Plan(4) Plan of cargo Tank Venting System(5) Manufacturers Characteristic Curves of Pumps if Centrifugal pumps installed.

29

Page 30: Code word for this Charter Party - HPCLtenders.hpcl.co.in/tenders/tender_prog/TenderFiles/6879/…  · Web viewTime Charter Party. Date: It is this day agreed between --------------------------(hereinafter

Digest refers to Shell International Marine Limited’s Digest of Charterers Requirements dated September 1967 and any subsequent amendments thereto.

30