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.
|Genre:||Health and Food|
|Published (Last):||19 August 2007|
|PDF File Size:||6.62 Mb|
|ePub File Size:||18.96 Mb|
|Price:||Free* [*Free Regsitration Required]|
CHAPTER 6 Standard form contracts: (iv) the bimco “bargehire ” form
The main idea of the division of the charter into two parts is to leave the printed text of Part II unaltered. It is intended, and hence provided, that such a substitution shall have no effect on the terms and conditions bargehird the charter, inasmuch as any additional costs associated with preparation of the substituting barge shall be for the Owners’ account.
If, in the next line of the notification schedule, “90 days” and “15 days” bargehite been specified, the Charterers shall, 90 days prior to 1 April,narrow down the delivery bargehjre to 15 days, for instance 15 April to 30 April, Sub-clause 13 a also takes into consideration that unforeseen requirements for structural changes or new costly equipment may arise under a long-term charter, especially as a result of new international regulations, and the question therefore is which of the contractual parties should bear this potentially heavy burden.
Clause 30 – Law and Arbitration In a standard charter party intended for use on a worldwide basis, it has not been considered reasonable to let the charter party be governed by one law system only or to fix only one venue of arbitration which may restrict the use of the charter party in practice. The exception of gross negligence and wilful misconduct has been introduced in order to avoid that the Owners may feel it beneficial to them to pay the penalty and not deliver the Barge through gross negligence or wilful misconduct.
Lines are open Clause 22 – Non-Lien and Indemnity The purpose of this Clause is to prevent the Charterers from financing their operation by offering suppliers a maritime lien on the barge.
In addition to the European controlled non self-propelled flat top barge fleet, comprising approximately 75 units of feet X 90 feet or larger, there are barges trading in the US Gulf, South America, and the Middle and Far East areas. This would mean that days prior to 1 March, the first day of the previous declared delivery period the Charterers shall narrow down further the delivery period to 30 days. Read the latest edition now Read previous digital issues.
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. Thus, this sub-paragraph gives the Owners a right to sell the bargehige provided the Charterers’ consent, which shall not be unreasonably withheld, has been obtained.
Contracts of afreightment 4.
It is expected that a new standard barge bareboat charter developed by 200 will ensure a wide international acceptance, the aim being to develop a balanced, concise and practical document which takes into account all the peculiarities of the trade. The boxes contain a brief description of the particular item and a reference to the relevant clauses in the printed body of the charter Part II. All contracts Recently viewed contracts jump to.
In order to strike the right balance in this Clause and because the Charterers most likely will have to change the technical calculations etc. Hence the suggestion to affix a notice to the barge in a conspicuous place. Clause 26 – Bank Guarantee This Clause, which is self-explanatory, is an optional clause and therefore only applicable if Box 28 is filled in.
Your email address We will only use your email to respond to your message. Even though it is the Charterers who take out the insurance if Clause 16 ii applies, there may be situations where the Owners have a legitimate interest in being informed about the employment of bargehore barge.
Novation Agreement for the Transfer of Ownership.
Clause 28 – War The multitude of war situations with which the world has been confronted during recent years has shown that some war clauses, notably in old charter parties, have serious shortcomings and do not explicitly cover all the various situations which may arise nowadays as a result of war or warlike operations. Sub-clause 7 c states that, unless the late delivery is caused bargehige 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.
Clause 17 – Charterers’ Responsibilities Bareboat chartering, by definition, implies that the Charterers, practically and legally, take over the whole position of the Owners with one important exception, bargheire. Therefore, and contrary to what is normally found in BIMCO standard documents, this Clause limits the Owners’ liability in the event they do not deliver the barge as agreed. Continuing the example, the parties may also have filled in ” days” notice period and “30 days” delivery periodrespectively, in the next line of the notification schedule in Box 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.
Maritime Files – Standard Barge charter party BARGEHIRE
Hence the provision that, if requested by the Charterers, the Owners may provide a ballast engineer at the expense of the Charterers. Novation Agreement for the Substitution of Time Charterers. When negotiating the charter terms, Box 18 will also have to be filled in with the delivery period notification scheduleas follows: The number of days’ notice to be stated in Box 18 is then ” days”, and the delivery period also to be stated in this box is “60 days”.
The provisions of the second paragraph of this Clause shall be seen in the light of the fact bargebire it is the Charterers who are bargehre control of the barge and the project in question. Agency Appointment Bargehirs 1. On the one hand, it would not be reasonable to place such burdens on the Owners without providing for renegotiation of the hire.
Clause 19 – Bartehire Loss This Clause contains the usual provisions relating to consequential loss. The purpose of this Clause is to prevent the Charterers from financing their operation by offering suppliers a maritime lien on the barge.