This document is a computer generated SHELLTIME 4 form printed by authority of BIMCO. Any insertion or deletion to the form must be clearly visible. In event of . “SHELLTIME 4”. Issued December Time Charter Party. ז. LONDON. סגגגגגגגגגגגגגג 19ס. 1. IT IS THIS DAY AGREED between ס. 2 of סגגגגגגגגגגגגגגגגגג. This document is a computer generated SHELLTIME 4 form printed by authority of BIMCO. Code word for this Charter Party “SHELLTIME 4” Issued December amended December (b) Duty to Maintain 3. Code word for this Charter Party “SHELLTIME 4” Issued December amended.
|Language:||English, Spanish, Dutch|
|Distribution:||Free* [*Sign up for free]|
”SHELLTIME 4”. Issued December and amended December , Version Apr And as further amended July for U.S. coastwise “Jones Act”. clause within the Shelltime 4 form. For information on the NYPE form, we have created a similar comprehensive hand-out. Since off-hire clauses are principally . Time Charter - Shelltime 4 - Last Voyage Instructions. PDF Version whether clause 19 of the Shelltime 4 form of time charter permitted charterers to give.
Owners affording all necessary co-operation and accommodation on board provided, however: a that neither the exercise nor the non-exercise, nor anything done or not done in the exercise or non-exercise, by Charterers of such right shall in any way reduce the master's or Owners' authority over, or responsibility to Charterers or third parties for, the vessel and every aspect of her operation, nor increase Charterers' responsibilities to Owners or third parties for the same; and; b that Charterers shall not be liable for any act, neglect or default by themselves, their servants or agents in the exercise or non-exercise of the aforesaid right.
However if more than one laden and one ballast speed are shown in the table above Charterers shall have the right to order the vessel to steam at any speed within the range set out in the table the "ordered speed".
If the vessel is ordered to proceed at any speed other than the highest speed shown in the table, and the average speed actually attained by the vessel during the currency of such order exceeds such ordered speed plus 0. For the purposes of this charter the "guaranteed speed" at any time shall be the then-current ordered speed or the service speed, as the case may be. The average speeds and bunker consumptions shall for the purposes of this Clause 24 be calculated by reference to the observed distance from pilot station to pilot station on all sea passages during each period stipulated in Clause 24 c , but excluding any time during which the vessel is or but for Clause 22 b i would be off-hire and also excluding "Adverse Weather Periods", being; i any periods during which reduction of speed is necessary for safety in congested waters or in poor visibility; ii any days, noon to noon, when winds exceed force 8 on the Beaufort Scale for more than 12 hours.
The results of the performance calculation for laden and ballast mileage respectively shall be adjusted to take into account the mileage steamed in each such condition during Adverse Weather Periods, by dividing such addition or deduction by the number of miles over which the performance has been calculated and multiplying by the same number of miles plus the miles steamed during the Adverse Weather Periods, in order to establish the total performance calculation for such period.
Reduction of hire under the foregoing sub-Clause b shall be without prejudice to any other remedy available to Charterers.
Claims in respect of reduction of hire arising under this Clause during the final year or part year of the charter period shall in the first instance be settled in accordance with Charterers' estimate made two months before the end of the charter period. Any necessary adjustment after this charter terminates shall be made by payment by Owners to Charterers or by Charterers to Owners as the case may require.
Subject to the provisions of Clause 21 hereof, all loss of time and all expenses excluding any damage to or loss of the vessel or tortious liabilities to third parties incurred in saving or attempting to save life or in successful or 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 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.
Owners shall have a lien upon all cargoes and all freights, sub- freights and demurrage for any This document is a computer generated SHELLTIME 4 form printed by authority of BIMCO. Injurious Cargoes Grade of Bunkers Disbursements Laying-up Requisition Outbreak of War Further, neither the vessel, her master or Owners, nor Charterers shall, unless otherwise in this charter expressly provided, be liable 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, lock-outs, riots, restraints of labour, civil commotions or arrest or restraint of princes, rulers or people.
Any such claim shall be subject to the Hague-Visby Rules or the Hague Rules or the Hamburg Rules, as the case may be, which ought pursuant to Clause 38 hereof to have been incorporated in the relevant Bill of Lading whether or not such Rules were so incorporated or, if no such Bill of Lading is issued, to the Hague-Visby Rules unless the Hamburg Rules compulsorily apply in which case to the Hamburg Rules.
No acids, explosives or cargoes injurious to the vessel shall be shipped and without prejudice to the foregoing any damage to the vessel caused by the shipment of any such cargo, and the time taken to repair such damage, shall be for Charterers' account. No voyage shall be undertaken, nor any goods or cargoes loaded, that would expose the vessel to capture or seizure by rulers or governments. If Owners require the vessel to be supplied with more expensive bunkers they shall be liable for the extra cost thereof.
Charterers warrant that all bunkers provided by them in accordance herewith shall be of a quality complying with ISO Standard for Marine Residual Fuels and Marine Distillate Fuels as applicable.
Should the master require advances for ordinary disbursements at any port, Charterers or their agents shall make such advances to him, in consideration of which Owners shall pay a commission of two and a half per cent, and all such advances and commission shall be deducted from hire. Charterers shall have the option, after consultation with Owners, of requiring Owners to lay up the vessel at a safe place nominated by Charterers, in which case the hire provided for under this charter shall be adjusted to reflect any net increases in expenditure reasonably incurred or any net saving which should reasonably be made by Owners as a result of such lay up.
Charterers may exercise the said option any number of times during the charter period. Should the vessel be requisitioned by any government, de facto or de jure, during the period of this charter, the vessel shall be off-hire during the period of such requisition, and any hire paid by such governments in respect of such requisition period shall be for Owners' account. Any such requisition period shall count as part of the charter period.
If war or hostilities break out between any two or more of the following countries: U.
R except that declaration of war or This document is a computer generated SHELLTIME 4 form printed by authority of BIMCO. If the vessel is ordered to trade in areas where there is war de facto or de jure or threat of war, Charterers shall reimburse Owners for any additional insurance premia, crew bonuses and other expenses which are reasonably incurred by Owners as a consequence of such orders, provided that Charterers are given notice of such expenses as soon as practicable and in any event before such expenses are incurred, and provided further that Owners obtain from their insurers a waiver of any subrogated rights against Charterers in respect of any claims by Owners under their war risk insurance arising out of compliance with such orders.
Any payments by Charterers under this clause will only be made against proven documentation. Any discount or rebate refunded to Owners, for whatever reason, in respect of additional war risk premium shall be passed on to Charterers. If any place of discharge is or becomes a place of peril, and no orders have been received from Charterers or their agents within 48 hours after dispatch of such messages, then Owners shall be at liberty to discharge the cargo or such part of it as may be affected at any place which they or the master may in their or his discretion select within the trading limits of this charter and such discharge shall be deemed to be due fulfilment of Owners' obligations under this charter so far as cargo so discharged is concerned.
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 any place of discharge to which she has been ordered pursuant to this charter, the vessel may proceed to any place which the master or Owners in his or their discretion select and there discharge the cargo or such part of it as may be affected.
Such discharge shall be deemed to be due fulfilment of Owners' obligations under this charter so far as cargo so discharged is concerned. Charterers shall procure that all Bills of Lading issued under this charter shall contain the Chamber of Shipping War Risks Clause Such deposit as the carrier or his agents may deem sufficient to cover the estimated contribution of the cargo and any salvage and special charges thereon shall, if required, be made by the cargo, shippers, consignees or owners of the cargo to the carrier before delivery.
Charterers shall procure that all Bills of Lading issued pursuant to this charter shall contain the following: " 1 Subject to sub-clause 2 or 3 hereof, this Bill of Lading shall be governed by, and have effect subject to, the rules contained in the International Convention for the Unification of Certain Rules relating to Bills of Lading signed at Brussels on 25th August hereafter the "Hague Rules" as amended by the Protocol signed at Brussels on 23rd February hereafter the "Hague-Visby Rules".
Nothing contained herein shall be deemed to be either a surrender by the carrier of any of his rights or immunities or any increase of any of his responsibilities or liabilities under the Hague-Visby Rules. Nothing therein contained shall be deemed to be either a surrender by the carrier of any of his rights or immunities or an increase of any of his responsibilities or liabilities under the Hague Rules.
Nothing therein contained shall be deemed to be either a surrender by the carrier of any of his rights or immunities or an increase of any of his responsibilities or liabilities under the Hamburg Rules.
In addition, being generally the smaller ship, a less effective lee for rigging is maintained. The POAC should advise the position and method of securing the fenders to the ships in advance of the operation. When fenders are fitted to the manoeuvring ship, primary fenders should be positioned one at each end of the parallel body, with similar additional units fitted in between.
The fender string may be made up to a prearranged length. Alternatively in some operations where four fenders are 20 P a g e used, it has been found beneficial to position them in two groups of two. In this way, and with each group positioned well forward or well aft on the parallel body, better protection can be provided.
Secondary fenders may be positioned fore and aft of the parallel body. Fender moorings should be monitored frequently and tended as necessary to ensure that they do not become too slack or too taut and that the fenders remain in position Diagram 3. Diagram 4: Forward Fender Arrangement The length of the fender string should be such that the fenders will be able to distribute the maximum anticipated impact load within the parallel body of both ships.
It should be understood that different approach velocities would give very different energy 21 P a g e absorption requirements.
It should also be understood that the table is intended to be used with considerable discretion based on knowledge and experience of the type of operation to be carried out. This is particularly the case for values of "C" below 10, tons, where at least one of the ships involved is likely to have minimal freeboard and where different fender types may be necessary.
Note also that in the following calculation the discharging ship characteristics are given for light ballast condition and the constant heading ship characteristics are given for operational loaded condition.
The table above gives approximate numbers and sizes for typical pneumatic fenders. Foam filled fenders may differ slightly in size and may vary in their energy absorption capacity due to the particular foam density used in manufacture. It is strongly recommended that individual fender manufacturers or STS service providers are consulted prior to suggesting the number and sizes of fenders for a particular operation.
It is advisable, however, to determine the forces that will be generated between berthing ships to provide information relevant to the selection process. The fenders used should be suitable in terms of energy absorption and result in sufficient stand- off distance such that the compressed diameter of the fenders must always be sufficient to ensure that there can be no contact between ships' structures through rolling, during the period alongside.
It is recommended that the fender diameter is less than half the freeboard of the ship, to prevent inadvertent boarding of the ship by a fender during inclement weather. Individual fenders should be fitted with rubber sleeves and hard wearing tires in order to reduce the abrasion damage to the outer rubber of the fender and ensure steel to steel contact does not occur between fender cage and ship's hull.
Care should be taken with regard to the safe working load SWL of the end fitting of the fenders, and the expected tension load at the end of the fenders should not exceed this limit. The longevity of fenders will be determined by a number of factors including frequency of use, method of storage and standards of maintenance.
As a guide, it is suggested that fenders should not be routinely used if they are more than fifteen years old. If fenders are provided by an STS service provider, the Master, shipping company, or organizer, should ascertain the age of the fenders to be used. If the fenders are more than fifteen years old, assurances should be sought that reasonable measures have been taken to ensure that they continue to be fit for the intended service.
It is recommended that all fender providers have detailed and accurate records regarding the history of the fenders. These records should include particulars of each job they were used for, inspection, testing, maintenance and casualty information. When selecting fenders for specific operations reference should be made to individual fender manufacturers' specifications and these should be addressed in terms of berthing speed, sea and 23 P a g e swell conditions among other factors.
It is the responsibility of the person in overall advisory control to determine the fender requirements and to agree these with all of the other parties involved.
This is particularly important when planning to undertake reverse lightering operations where consideration should be given to utilizing fenders with higher energy absorption for the berthing phase than those recommended in the table above. It is strongly recommended that in these situations the further guidance regarding approach velocity as contained in Appendix 2 is taken into consideration.
Berthing speed is one of the most important criteria for determining fender requirements. It should be noted that it is not always possible to judge approach speed accurately when berthing and that it may be prudent to err on the side of caution when selecting fenders.
Manufacturers' recommendations for a calm weather situation and a maximum approach speed of e.
For STS operations, a risk assessment study should be carried out as set out in Section 3. Risk mitigation and contingency plans, which are the products of the risk assessment, should then be drawn up covering all possible emergencies and provide for a comprehensive response.
In addition, contingency plans should have relevance to the location of the operation and take into account the resources available both at the transfer area and with regard to nearby back-up support. Where appropriate, the contingency plan should be integrated with similar plans prepared by the responsible local authority. A contingency plan is a collation of individual emergency procedures.
It should be agreed between both ships, the STS organizer and the local or national authorities as appropriate before STS operations commence see Section 3. Accordingly, where organizers have delegated the preparation of a contingency plan, it will normally be incumbent on the Master of such a ship to establish the overall plan that will be reviewed and agreed.
An emergency on either ship should be indicated immediately by sounding the ship's internal alarm signal and by sounding seven or more short blasts on the whistle to warn the other ship.
All personnel should then proceed as indicated by the contingency plan. It is emphasized that both ships should be in an advanced state of readiness at all times in order to be in a position to deal with emergencies. However, oil spill and fire on either ship are examples of the more likely risk scenarios that organizers should include in the contingency plan.
In an emergency, the Masters involved should assess the situation and act accordingly, bearing in mind that unduly hasty decisions could worsen the emergency. In addition, Masters should decide jointly, particularly in cases of fire, whether it is to their mutual advantage for the ships to remain alongside each other. The basic actions, as listed above, should be included in individual STS contingency plans and be consistent with the ship's safety management system.
Both tankers involved in an STS operation should have procedures ready for immediate implementation in the event of an emergency. The procedures should be familiar to the personnel involved, who should clearly understand the action they would be required to take when responding to the emergency. STS service providers should have anticipated and fully considered the implication of all types of emergency that might be encountered during an STS operation.
The decision should be taken in ample time while the situation is still under control. The Masters of both ships should be immediately informed of each other's actions. The risk assessment should cover operational hazards and the means by which they are managed.
Tools to assist in this procedure are provided in Section 5. A sample risk assessment form is provided in Section 5. As a minimum, the risk assessment should: Identify the hazards associated with the operation collision risks in the vicinity, cargo vapour pressure, H2S content etc.
Assess the risks according to the probability and consequence. Contain procedures for dealing with unanticipated events. The level of complexity required will depend on the type of operation. For a particular transfer area utilizing standard approved STS equipment and ships that are fully operational, a generic risk assessment might be appropriate. For STS operations being undertaken in a new area, or in the event of a deviation from a routine STS transfer, a risk assessment should be carried out for each 'non standard' activity.
The overall safety of any STS transfer operation depends on the type and condition of the equipment in use; the weather and sea-state; the ships involved in the transfer operation; the quality of the supervision whether this is provided by one of the Masters or by an STS service provider ; and strict adherence to well documented safety procedures, which should be provided to both ships by the person in overall advisory control.
Should Charterers determine in their sole discretion that such adjustment is not justified, Charterers may terminate this Charter on written notice without liability to Owners. The effective date of termination of the Charter shall be the date immediately prior to the effective date of the new law or regulation. On each occasion Owners shall propose to Charterers a date on which they wish to drydock the vessel, not less than ninety 90 before such date, and Charterers shall offer a port for such periodical drydocking and shall take all reasonable steps to make the vessel available as near to such date as practicable.
Owners shall be responsible for and pay for the disposal into reception facilities of such tank washings and residues and shall have the right to retain any monies received therefor, without prejudice to any claim for loss of cargo under any Bill of Lading or this Charter.
Any time which, but for sub-Clause i above, would be off-hire, shall not be included in any calculation under Clause The expenses of gas-freeing, including without limitation the cost of bunkers, shall be for Owners account. All fuel consumed shall be paid for by Owners but Charterers shall credit Owners with the value of the fuel which would have been used on such notional passage calculated at the guaranteed daily consumption for the service speed, and shall further credit Owners with any benefit they may gain in purchasing bunkers at the special port.
Ship Inspection Charterers shall have the right at any time, with reasonable notice, during the charter period to make such inspection of the vessel as they may consider necessary.
This right may be exercised as often and at such intervals as Charterers in their absolute discretion may determine and whether the vessel is in port or on passage.