Bargehire Terms: means the Bargehire Standard Barge Charter Party terms and Towcon Terms: means the Towcon International Ocean Towage. Page CHAPTER 6 Standard form contracts: (iv) the bimco “bargehire ” form Part A. The genesis of the “Bargehire” form The publication by BIMCO. The BIMCO BARGEHIRE 94 Standard Barge Bareboat Charter Party, as reproduced at the end of this article, is the final result of the work of the sub- committee.
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Law of Tug and Tow and Offshore Contracts
Novation Agreement for Shipbuilding Contracts. Lines are open It is, of course, important to determine and agree in the contract the value of the vessel for the purpose of insurance coverage and such sum as may be agreed between the parties should be stated in Box 30 according to sub-clause 16 i j.
The second paragraph of this Clause intends to cover contractually the Owners’ sale of the barge either prior to delivery or during the performance of the charter, and the effect of such sale of the barge on the charter party commitments. A breach of the obligation to maintain and repair the barge may entitle the Owners to withdraw the barge if the Charterers fail to effect repairs, etc. Clause 23 – Lien This is the usual lien clause granting the Owners and the Charterers a lien for their respective claims against each other.
It has been found useful to include a substitution provision giving the Owners a right to substitute the barge described in Part I with an equivalent barge suitable for the purpose of the charter in question.
However, for the sake of clarification it has been felt useful to provide for the responsibilities of the Charterers in the above instances, hence this Clause.
Clause 6 – Time for Delivery It is common practice in the industry for bargheire bareboat charters to be entered into a bargehiree time before the charter period is expected to run and the actual dates known. Your Message Providing us with as much detail as possible will help us to deal with your enquiry quickly. Clause 13 – Maintenance and Operation One of the significant consequences of bareboat chartering is that during the bargehkre charter period the barge is under complete control and at the absolute disposal of the Charterers.
An example would be that in April,the Owners and the Charterers agree on an initial delivery period “window” from I Februaryto 30 April 90 days.
Sub-clause baegehire i In the bareboat chartering of barges, and contrary to what is usually the case as regards bareboat chartering of vessels, it is practice that the Owners arrange and keep the barge insured for marine, war, and protection and indemnity risks.
The purpose of this Clause is to prevent the Charterers from financing their operation by offering suppliers a maritime lien on the barge. A distinction has been made between claims for damages caused by late delivery of the barge and, those caused by non-delivery resulting in subsequent cancellation of the charter.
Press release Priority news Contract Bunkers. Consequently, there is no question of the barge becoming off hire, for instance, for time used for repairs and barbehire to sub-clause 16 ii e the time on hire thus runs unabated in such events. Clause 9 – Excluded Cargoes Nargehire Clause specifically excludes the loading or carriage of nuclear fuels and radioactive material or waste, whereas the carriage of stone or similar cargo requires the Owners’ consent due to the additional wear and tear or excessive risk of damage such cargo may pose to the barge.
On the one hand, it would not be reasonable to place such burdens on the Owners without providing for renegotiation of the nargehire. The charterers of large and smaller barges are usually oil companies, construction contractors and fabrication yards who use the barges for transportation and storage of heavy and voluminous cargoes, such as modules for offshore platforms, in long and short term contracts.
According to the first paragraph of this Clause the port or place of redelivery agreed shall be indicated in Box Similarily, subclauses 16 ii g to 16 ii i duly reflect the contents of sub-clause 16 i.
Latest market analysis For all the latest market analysis bargrhire global baryehire including macro economics, tanker, container and dry bulk. In this example, the last number of days which have been filled in as notice in this Box is “45”.
In order to register for updates, you will need to login. Some of the boxes to be completed in Part I may call for special observations; however, in view of the fact that the details to be written into the boxes should be considered in light of the provisions in the corresponding clauses in Part II, it has been considered appropriate to bagrehire these observations together with the comments on the standard clauses in Part II.
The first paragraph of this Clause gives the Charterers a right to subdemise or assign the barge provided that proper consent, which shall not be unreasonably withheld, has been obtained from the Owners in writing.
However, based on experience, notably in the Unites States, this Clause may not prove effective baggehire the supplier does not actually know that the charter contained such a provision. Accordingly, it has been specified that the compensation provided for in this Clause shall be the Owners’ sole financial remedy for damages arising out of late redelivery, unless the late redelivery is caused by the Charterers’ negligence or wilful misconduct.
This Clause provides for the drawing up of inventories and the taking 20008 of consumable oil and hargehire at delivery and redelivery. Whilst subclause 16 i f does not cover the wide range of possibilities and difficulties which may be envisaged, it does remind the parties of the problem and, moreover, prescribes the amount of such additional insurance to be stated in Box 31 and Box 32, respectively. These baryehire are covered in sub-clauses 15 a and 15 b whereas subclause 15 c sets out how fractional hire should be calculated if the first and last month’s hire is less than a full month.
Sub-clause 16 ii It should be stressed that sub-clause 16 ii is optional and is only to apply if expressly agreed and stated in Box bargeihre, in the event of which sub-clause l6 i shall be considered deleted. You are already registered to this subscription. Notwithstanding the observations made under sub-clause 16 iit has been felt useful to also cover the possibility, which may arise from time to time, in particular regarding long-term barge bareboat charter parties, that the Charterers are responsible for arranging and paying insurance against marine, yar, and protection and indemnity risks.
English case law indicates that if the Owners attempt to assign and transfer their obligations without the 0208 consent, the Owners will usually be considered in repudiatory breach of contract. Clause 3 – Delivery The port or place of delivery agreed shall be stated in Box Click here to change brgehire preferences.
The boxes contain a brief description of the particular item and a reference to the relevant clauses in the printed body bargehure the charter Part II. Sub-clause 7 c states that, unless the late delivery is caused by gross negligence or wilful default by the Owners, the compensation referred to in this Clause shall be the Charterers’ sole financial remedy for damages arising out of the late delivery.
It is important that the date of the last special survey is indicated in Box bargehiire The following is a brief description of the standard clauses contained in Part II giving some background explanation to the clauses in order to assist owners and other interested parties in the practical use of the charter party.
Accordingly, 4 sub-clause 15 e provides for a grace period of 96 running hours. However, realising the importance of striking a fair balance between the Owners’ and the Charterers’ rights and obligations, it was decided to make the provisions concerning redelivery reflect the provisions regarding delivery Clause 7 – Cancellinghowever with a slightly different mechanism. The contracting parties may bargehife that days i.
This Clause specifically excludes the loading or carriage of nuclear fuels and radioactive material or waste, whereas the carriage of stone or similar cargo requires the Owners’ consent due to the additional wear and tear or excessive risk of damage such cargo may pose to the barge. Against this background, this paragraph also provides that as from the time the assignment has become effective the Owners shall be relieved from all obligations and liabilities under the charter, provided that the Charterers bargehore been properly informed.
In this Box details on the currency and method of payment as well as when and where the fee is payable should also be filled in.
CHAPTER 6 Standard form contracts: (iv) the bimco “bargehire ” form
In addition, the Charterers have a right to extend the charter period according to Clause 2 sub-clause b or to shorten it according to Clause 21 Early Redelivery. If, therefore, subclause 16 i is applicable, i. When negotiating the charter terms, Box 18 will also have to be filled in with the delivery period notification scheduleas follows:. Clause 16 – Insurance, Repairs and Classification Sub-clause 16 i In the bareboat chartering of barges, and contrary to what is usually the case as regards bareboat chartering of vessels, it is practice that the Owners arrange and keep the barge insured for marine, war, and protection and indemnity risks.
This latter approach has been chosen in order to avoid possible dispute as to the current market rate. Agency Appointment Agreement 1.