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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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. Thus, this paragraph provides that late redelivery shall entitle the Owners to the agreed charter rate or to the market rate for the period in question, whichever is the higher, increased by the lump bargehirf penalty to be stated in Box 20 also applicable at late delivery.
In case the parties fail to reach agreement, the matter shall be referred to arbitration according to Clause 30 Law and Arbitration. Bearing this in mind there should, in principle, be no doubt that the barge Charterers are barfehire for damage suffered by third parties caused by the barge, damage to or by the bargrhire, and any liabilities arising out of the barge becoming a wreck or obstruction to navigation.
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Maritime Files – Standard Barge charter party BARGEHIRE
The port or place of delivery agreed shall be stated in Box It is of major importance for the Charterers’ use of the barge, in particular within the offshore industry, that the details of barhehire barge provided by the Owners are accurate. It is expected that a new standard barge bareboat charter developed by BIMCO will baryehire 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.
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.
It should be noted that the assessment of compensation for claims for late or non-delivery is bargdhire be made without regard to any other claims the Charterers may have under the Charter Party.
Clause 18 – Force Majeure This Clause contains the usual provisions as regards mutual exemption. For instance, the Charterers may have an interest in covering themselves against loss of time occasioned by excessive and time-consuming repairs on account of hull damage.
Clause 3 – Delivery The port or place of delivery agreed shall be stated in Box In order to match the Charterers’ requirements for a wide initial period with the Owners’ need to ensure that their barge is efficiently utilised, sub-clause 6 b referred to in Box 18 provides a built-in mechanism for narrowing down the period within which the barge is eventually to be placed at the Charterers’ disposal. Register for updates on contracts and clauses Register Now! It was envisaged that the provisions of such a charter could largely be based on the terms and conditions of the BARECON 89 Standard Bareboat Charter but suitably adapted to meet the special requirements of barge chartering.
In some cases, either of the parties may wish to place additional insurance to cover their interest in the venture. It is important that the date of the last special survey is indicated in Box The Charterers may not always possess sufficient expertise and experience to conduct the operations mentioned and, above all, the ballast engineer would typically be familiar with that particular barge.
However, based on experience, notably in the Unites States, this Clause may not prove effective if the supplier does not actually know that the charter contained such a provision. Clause 7 – Cancelling Non-delivery of a barge by the Owners, or even a small delay, may have serious consequences for the Charterers, not least when they are engaged in large construction projects in the offshore industry. 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 the barge.
If, however, Box 25 has not been filled in, the LIBOR interest rate for the currency stated in Box 25 increased by 2 per cent shall apply. Clause 15 – Hire In line with common practice within bareboat chartering, and as a practical measure, it has been decided that the charter hire should be fixed at a lump sum rate per day and that the charter hire falls due and shall be paid monthly in advance on the first day of each month.
In this context it may be useful to emphasise that a standard contract constitutes an integrated whole and 2008 any changes to some of the printed clauses may destroy the over-all balance of the contract as such, a fact which should not be forgotten when attempting to amend standard clauses in Part II.
Clause 9 – Excluded Cargoes 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.
Sub-clause 7 d bargegire the so-called “Interpellation Clause” found in a number of BIMCO standard documents, the idea of which is that the barge shall not have to proceed on a long voyage towards the place of delivery not knowing whether or not the Charterers are going to accept the barge.
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.
Notably, sub-clause 13 c gives the Charterers bargehre right to paint the barge in their own colours, install and display their insignia and fly their own house flag, provided that costs incurred in this connection, and by re-painting and re-instalment, shall be borne by the Charterers and, finally, that time used thereby shall count as time on hire. Hence the suggestion to affix a notice to the barge in a conspicuous place.
Contact Singapore Office on: Dangerous Goods Declaration 1. Clause 5 – Substitution 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 bargehkre for the purpose of the charter in question. Moreover, some jurisdictions may hold the Owners liable if the buyers fail bargehiee perform the obligations which have been transferred to them by the Owners in an attempt to avoid becoming in repudiatory breach of contract.
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. Clause 6 – Time for Delivery It is common bargehir in the industry for barge bareboat charters to be entered into a long time before the charter period is expected to run and the actual dates known.
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. It should be stressed that sub-clause 16 ii is optional and is only to apply if expressly agreed 200 stated in Box 29, in the event of which sub-clause l6 i shall be considered deleted. Your email address We will only use your email to respond to your message. Novation Agreement for Shipbuilding Contracts.
Law of Tug and Tow and Offshore Contracts
This would mean nargehire 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. The Bulletin is a digital quarterly magazine containing all the best comment, analysis and information digests from BIMCO. Standard Statement of Facts. This is the usual lien clause granting the Owners and the Charterers a lien for their respective claims against each other.
One of the significant consequences of bareboat chartering is that during the entire charter period the barge is under complete control and at the absolute disposal of the Charterers. This will also enable the Owners to reconsider the financial implications of the substitution.
When negotiating the charter terms, Box 18 will also have to be filled in with the delivery period notification scheduleas follows: When negotiating the charter terms, Box 18 will also have to be filled in with the delivery period notification scheduleas follows:. If the Owners wish to exercise this option they shall notify the Charterers thereof no later than 15 days prior to the delivery date.
Moreover, an attempt has been made to make it clear that any default by the Charterers in the payment of hire beyond the grace period shall amount to repudiation of the Charter Party which shall entitle the Owners to withdraw the barge and to claim damages for costs and losses incurred as a consequence of such default. Stay up to date? Clause 26 – Bank Guarantee This Clause, which is self-explanatory, is an optional clause and therefore only applicable if Box 28 is filled in.