Copyright, published by
 	
       
 	
                        Issued by
 
	
                        The Baltic and International Maritime Council (BIMCO)
 	
                         
 	
                        The Documentary Committee of
 
	
                        October 1990
 	
                        Printed by BIMCO’s idea
 	
                        The Baltic and international Maritime Council (BIMCO), Copenhagen
 




 


	
                        1.
 	
                        Shipbroker

                            Nil

            
 	
                         
 	THE BALTIC AND INTERNATIONAL MARITIME COUNCIL (BIMCO) UNIFORM TIME CHARTER PARTY FOR CONTAINER VESSELS CODE NAME: “BOXTIME”
	
      
 
 
	
                         
 	
                         
 	
                         
 	
                         
 	
                         
 	
                        PART I
 
	
                         
 	
                         
 	
                         
 	
                        2.
 	
                        Place and date

             
 
	
                        3.
 	
                        Owners/Disponent Owners & Place of Business, Telephone, Telex and Telefax Number

             

             

             
 	
                         
 	
                        4.
 	
                        Charterers & Place of Business, Telephone, Telex and Telefax Number
 
	
                        5.
 	
                        Vessel’s Name

             
 	
                         
 	
                        6.
 	
                        Call Sign/Telex Number

            See clause 47
 
	
                        7.
 	
                        GRT/NRT

            See Annex A
 	
                        8. 
 	
                        DWT on Summer Freeboard

      See Annex A
 	
                         
 	
                        9.
 	
                        TEU Capacity (Maximum)

            See clause 47
 
	
      10.
 	
                        Class (Cl. 5)

      See clause 47
 	
      11.
 	
      Flag
 	
       
 	
      12.
 	
                        Service Speed (See Part III)

      See clause 47
 	
      13.
 	
                        Fuel Consumption (See Part III)

                        See clause 47

	
                        14.
 	
                        Type(s) of Fuel(s) (Cl. 12(d))

            See Annex A
 	
                         
 	
                        15.
 	
                        Maximum Bunker Capacity

            See Annex A
 
	
                        16.
 	
                        Bunkers/Price on Delivery (Min.-Max.) (Cl. 12(a) and (c))

                        N/A
 	
                         
 	
                        17.
 	
                        Bunkers/Price on Redelivery (Min.-Max.) (Cl. 12(a) and (c))

            See clause 53
 
	
                        18.
 	
                        Place of Delivery (Cl.1(b)

                        N/A
 	
                         
 	
                        19.
 	
                        Earliest Date of Delivery (local time) (Cl. 1(b))

                        N/A
 
	
                        20.
 	
                        Latest Date of Delivery (local time) (Cl.1(b))

                        N/A
 	
                         
 	
                        21.
 	
                        Place of Redelivery (Cl. 6(m))

            See clause 45
 
	
                        22.
 	
                        Trading Limits (Cl. 3 and Cl. 5(c))

                        Trade worldwide always via good safe port(s) good safe berth(s) always afloat, always ice-free and always within IWL with lawful merchandise in ISO containers only, excluding Iceland, Greenland, Faroe Islands, Albania, Turkish Occupied Cyprus, Cuba, Somalia, Yemen, Eritrea, Iraq, North Korea, Russian / CIS Pacific ports, any/all zones under United Nations and/or European Union and/or United States ban, war zones (see clause 3).
 
	
                        23.
 	
                        Period of Charter and Options if any (Cl. 1(a), Cl. 6(m) and Cl. 7(f))

                        [    ] years with up to +/-90 days in chopt
 	
                         
 	
                        24.
 	
                        State number of Days Options have to be declared after commencement of Charter Period (Cl. 1(a))

                        N/A
 
	
                        25.
 	
                        Rate of Hire per Day and to whom payable (Cl. 1(a), Cl. 7(a) and (b))

            USD [    ]
 	
                         
 	
                        26.
 	
                        Quantity of Hazardous Goods allowed (Cl. 4(b))

            See clause 30 and 41
 
	
                        27.
 	
                        Insured Value of Vessel (Cl. 18(a))

            See Annex A
 	
                         
 	
                        28.
 	
                        Daily Rate for Supercargo (Cl. 13(h))

            N/A
 
	
                         
 	
                         
 	
                         
 	
                        29.
 	
                        Victualling Rate per Meal for other Charterers’ Servants etc. (Cl. 13(j))

                        USD3.50 subject to review every 3 years
 
	
                        30.
 	
                        Name of Owners’ P & I Club (Cl. 18(b))

            See Annex A
 	
                         
 	
                        31.
 	
                        Name of Charterers’ P & I Club (Cl. 18(b))

            Steamship Insurance Management
 
	
                        32.
 	
                        Charterers’ maximum Claim settlement authority (Cl. 16(h))

            N/A
 	
                         
 	
                        33.
 	
                        General Average to be adjusted at (Cl. 14 (c))

            According to York Antwerp Rules latest version in London with English law to apply
 
	
                        34.
 	
                        Law and Arbitration (state a, b, or c of Cl. 20, as agreed; if c agreed also state Place of Arbitration) (Cl. 20)

            English law, arbitration in London, see clause 27
 	
                         
 	
                        35.
 	
                        Brokerage Commission and to whom payable (Cl. 21)

            None
 
	
                        36.
 	
                        Number of Additional Clauses covering special Provisions

            Clause 4 and clauses 23 - 70 and vessel’s description as per Annex A, inclusive, to be incorporated into this Charter Party.
 
	




This document is a computer generated BOXTIME form printed by authority of BIMCO. Any insertion or deletion to the form must be clearly visible. In the event of any modification made to the pre-printed text of this document which is not clearly visible, the text of the original BIMCO approved document shall apply. BIMCO assumes no responsibility for any loss, damage or expense as a result of discrepancies between the original BIMCO approved document and this computer generated document.

 

 








 


	
                        (continued)
 	
                        “BOXTIME” UNIFORM TIME CHARTER PARTY FOR CONTAINER VESSELS
 	
                        PART I
 




It is mutually agreed between the party mentioned in Box 3 (hereinafter referred to as “the Owners”) and the Party mentioned in Box 4 (hereinafter referred to as “the Charterers”) that this Contract shall be performed in accordance with the conditions contained in Part I including additional clauses, if any agreed and stated in Box 36, and Part II as well as Part III. In the event of a conflict of conditions, the provisions of Part I and Part III shall prevail over those of Part II to the extent of such conflict but no further.

 


  	   Signature (Owners)

              

              

      
	   Signature (Charterers)





 

 











PART III 

“BOXTIME” Charter Party 

VESSEL’S SPECIFICATION 

Built:

Official No.:

Hull & Machinery value:

Type: (cellular, non-cellular,
self-sustained, gearless etc.):

DWT at design draft:

DWT at summer draft:

 


	
Tonnage:
	
 
	
 
	
 
	
 
	
       

	
       
	
       
	
      GRT
	
       
	
      NRT
	
       

	
      International:
	
       
	
       
	
       
	
       
	
       

	
      Suez:
	
       
	
       
	
       
	
       
	
       

	
      Panama:
	
       
	
       
	
       
	
       
	
       





Main Dimensions:

 


	
      Length overall:
	
       
	
       

	
      Breadth:
	
       
	
       

	
      Draft fully laden on SF:
	
       
	
       

	
      Max. height:
	
       
	
       





Container Capacity TEU (20’ x 8’ x
8’6”):

 


	
      General distribution:
	
       
	
      in holds
	
       
	
      TEU
	
       

	
       
	
       
	
      on deck
	
       
	
      TEU
	
       

	
       
	
       
	
      Total:
	
       
	
       
	
       






 


	Below deck:
	units stowed as follows:
	 	 	 	 	 	 	 	 	 
	
      Hold No. 1
	
      units
	
       
	
      /
	
       
	
      /
	
       
	
      /
	
       
	
      /
	
       
	
      /
	
       
	 	
      units

	
       
	
      in
	
      1st
	
      /
	
      2nd
	
      /
	
      3rd
	
      /
	
      4th
	
      /
	
      5th
	
      /
	
      6th
	 	
      tier

	
      Hold No. 2
	
      units
	
       
	
      /
	
       
	
      /
	
       
	
      /
	
       
	
      /
	
       
	
      /
	
       
	 	
      units

	
       
	
      in
	
      1st
	
      /
	
      2nd
	
      /
	
      3rd
	
      /
	
      4th
	
      /
	
      5th
	
      /
	
      6th
	 	
      tier

	
      Hold No. 3
	
      units 
	
      
	
      /
	
       
	
      /
	
       
	
      /
	
       
	
      /
	
       
	
      /
	
       
	 	
      units

	
       
	
      in
	
      1st
	
      /
	
      2nd
	
      /
	
      3rd
	
      /
	
      4th
	
      /
	
      5th
	
      /
	
      6th
	 	
      tier

	
      Hold No. 4
	
      units
	
       
	
      /
	
       
	
      /
	
       
	
      /
	
       
	
      /
	
       
	
      /
	
       
	 	
      units

	
       
	
      in
	
      1st
	
      /
	
      2nd
	
      /
	
      3rd
	
      /
	
      4th
	
      /
	
      5th
	
      /
	
      6th
	 	
      tier








 

	On deck:                             units stowed as follows:
      	 	 	 	 	 	 	 	 	 	 
	Hatch No. 1
	units
	 	/
	 	/
	 	/
	 	/
	 	/
	 	 	units

	
     
	
      in
	
      1st
	
      /
	
      2nd
	
      /
	
      3rd
	
      /
	
      4th
	
      /
	
      5th
	
      /
	
      6th
	 	
      tier

	
      Hatch No. 2
	
      units
	
       
	
      /
	
       
	
      /
	
       
	
      /
	
       
	
      /
	
       
	
      /
	
       
	 	
      units

	
       
	
      in
	
      1st
	
      /
	
      2nd
	
      /
	
      3rd
	
      /
	
      4th
	
      /
	
      5th
	
      /
	
      6th
	 	
      tier

	
      Hatch No. 3
	
      units
	
       
	
      /
	
       
	
      /
	
       
	
      /
	
       
	
      /
	
       
	
      /
	
       
	 	
      units

	
       
	
      in
	
      1st
	
      /
	
      2nd
	
      /
	
      3rd
	
      /
	
      4th
	
      /
	
      5th
	
      /
	
      6th
	 	
      tier

	
      Hatch No. 4
	
      units
	
       
	
      /
	
       
	
      /
	
       
	
      /
	
       
	
      /
	
       
	
      /
	
       
	 	
      units






This document is a computer generated BOXTIME
form printed by authority of BIMCO. Any insertion or deletion to the form must
be clearly visible. In the event of any modification made to the pre-printed
text of this document which is not clearly visible, the text of the original
BIMCO approved document shall apply. BIMCO assumes no responsibility for any
loss, damage or expense as a result of discrepancies between the original BIMCO
approved document and this computer generated document. 

 

 

 








PART III 

“BOXTIME” Charter Party 

 


	
       
	
      in
	
      1st
	
      /
	
      2nd
	
      /
	
      3rd
	
      /
	
      4th
	
      /
	
      5th
	
      /
	
      6th
	 	
      tier






Container Capacity FEU (40’ x 8’ x
8’6”):

 


	
      General distribution:
	
       
	
      in holds
	
       
	
      FEU
	
       

	
       
	
       
	
      on deck
	
       
	
      FEU
	
       

	
       
	
       
	
      Total:
	
       
	
       
	
       





 


	Below deck:
	units stowed as follows:
	 	 	 	 	 	 	 	 	 
	
      Hold No. 1
	
      units
	
       
	
      /
	
       
	
      /
	
       
	
      /
	
       
	
      /
	
       
	
      /
	
       
	 	
      units

	
       
	
      in
	
      1st
	
      /
	
      2nd
	
      /
	
      3rd
	
      /
	
      4th
	
      /
	
      5th
	
      /
	
      6th
	 	
      tier

	
      Hold No. 2
	
      units
	
       
	
      /
	
       
	
      /
	
       
	
      /
	
       
	
      /
	
       
	
      /
	
       
	 	
      units

	
       
	
      in
	
      1st
	
      /
	
      2nd
	
      /
	
      3rd
	
      /
	
      4th
	
      /
	
      5th
	
      /
	
      6th
	 	
      tier

	
      Hold No. 3
	
      units 
	
      
	
      /
	
       
	
      /
	
       
	
      /
	
       
	
      /
	
       
	
      /
	
       
	 	
      units

	
       
	
      in
	
      1st
	
      /
	
      2nd
	
      /
	
      3rd
	
      /
	
      4th
	
      /
	
      5th
	
      /
	
      6th
	 	
      tier

	
      Hold No. 4
	
      units
	
       
	
      /
	
       
	
      /
	
       
	
      /
	
       
	
      /
	
       
	
      /
	
       
	 	
      units

	
       
	
      in
	
      1st
	
      /
	
      2nd
	
      /
	
      3rd
	
      /
	
      4th
	
      /
	
      5th
	
      /
	
      6th
	 	
      tier





 


 


	On deck:                             units stowed as follows:
      	 	 	 	 	 	 	 	 	 
	
      Hatch No. 1
	
      units
	
       
	
      /
	
       
	
      /
	
       
	
      /
	
       
	
      /
	
       
	
      /
	
       
	 	
      units

	
       
	
      in
	
      1st
	
      /
	
      2nd
	
      /
	
      3rd
	
      /
	
      4th
	
      /
	
      5th
	
      /
	
      6th
	 	
      tier

	
      Hatch No. 2
	
      units
	
       
	
      /
	
       
	
      /
	
       
	
      /
	
       
	
      /
	
       
	
      /
	
       
	 	
      units

	
       
	
      in
	
      1st
	
      /
	
      2nd
	
      /
	
      3rd
	
      /
	
      4th
	
      /
	
      5th
	
      /
	
      6th
	 	
      tier

	
      Hatch No. 3
	
      units 
	
      
	
      /
	
       
	
      /
	
       
	
      /
	
       
	
      /
	
       
	
      /
	
       
	 	
      units

	
       
	
      in
	
      1st
	
      /
	
      2nd
	
      /
	
      3rd
	
      /
	
      4th
	
      /
	
      5th
	
      /
	
      6th
	 	
      tier

	
      Hatch No. 4
	
      units
	
       
	
      /
	
       
	
      /
	
       
	
      /
	
       
	
      /
	
       
	
      /
	
       
	 	
      units

	
       
	
      in
	
      1st
	/
	
      2nd
	/
	
      3rd
	/
	
      4th
	/
	
      5th
	/
	
      6th
	 	
      tier






Stability cases bases 20’ x 8’ x
8’6”:

 


	
      Basis
	
       
	
      14 tons homogeneous
    weight:

	
       
	
       
	
      15 tons homogeneous
    weight:

	
       
	
       
	
      16 tons homogeneous
    weight:

	
       
	
       
	
       




 

Reefer Container Capacity:

On deck: 

Number and type of plugs: 

Power supply: 


	
      Under
deck:




	
       
	
       
	
       

	
    Reefer capacity:
	
       
	
      blown air

	
       
	
       
	
      integral





 

Maximum Permissible Stack
Weight:


	
      Tanktop:






	
      Weather deck:





This document is a computer generated BOXTIME
form printed by authority of BIMCO. Any insertion or deletion to the form must
be clearly visible. In the event of any modification made to the pre-printed
text of this document which is not clearly visible, the text of the original
BIMCO approved document shall apply. BIMCO assumes no responsibility for any
loss, damage or expense as a result of discrepancies between the original BIMCO
approved document and this computer generated document. 

 

 

 








PART III 

“BOXTIME” Charter Party 

Type of Hatch Covers: 

Hatch Dimensions: 

Cranes/Gear: 

Vessel equipped with Spreader: 

Type: 

Main Engine and Types: 

Bunker fuel specification: 

Type of propellers: (controllable pitch or fixed) 

Auxillary Engines and types: 

Bunker fuel specification: 

Shaft generator: 

 Bow thruster: 

Generator sets: 

Turbo alternators: 

Speed/Consumption: 

In smooth water and with winds not exceeding Beaufort Scale 4

Consumption: Pilotage/River/Shallow Waters Manouvering: 

Port Consumption: 

Waiting at anchor or waiting at berth without any commercial operations: 

Working (gearless):

With cranes/gear working (geared): 

Reefer containers: 

Donkey boilers: 

Bunker Capacity: 

Ballast Capacity: 

This document is a computer generated BOXTIME form printed by authority of BIMCO. Any insertion or deletion to the form must be clearly visible. In the event of any modification made to the pre-printed text of this document which is not clearly visible, the text of the original BIMCO approved document shall apply. BIMCO assumes no responsibility for any loss, damage or expense as a result of discrepancies between the original BIMCO approved document and this computer generated document. 

 

 








INDEX 

“BOXTIME” Charter Party 

 


	
                        CLAUSE NO.
 	
                         
 	
                        12.
 	
                        BUNKER FUEL
 
	
                         
 	
       
 	
                         
 	
                         
 	
      a)       Quantity at Delivery/Redelivery
 
	
                        1.
 	
                        PERIOD OF CHARTER PARTY AND DELIVERY
 	
                         
 	
                         
 	
                        b)       Pre and Post Charter Bunkering
 
	
                         
 	
                         
 	
                         
 	
                         
 	
                        c)        Purchase Price
 
	
                        2.
 	
                        OWNERS’ UNDERTAKING
 	
                         
 	
                         
 	
                        d)       Specification
 
	
                         
 	
                         
 	
                         
 	
                         
 	
                        e)       Consumption
 
	
                        3.
 	
                        TRADING LIMITS
 	
                         
 	
                         
 	
                        f)        Bunkering
 
	
                         
 	
                         
 	
                         
 	
                         
 	
                         
 
	
                        4.
 	
                        PERMITTED CARGOES
 	
                         
 	
                        13.
 	
                        CHARTERERS’ REQUIREMENTS
 
	
                         
 	
                        a)       Uncontainerised Goods
 	
                         
 	
                         
 	
                        a)       Plans
 
	
                         
 	
                        b)       Hazardous Goods
 	
                         
 	
                         
 	
                        b)       Flag, Funnel, Name and Configuration
 
	
                         
 	
                        c)       Live Animals
 	
                         
 	
                         
 	
                        c)        Ballast Warranty
 
	
                         
 	
                        d)       Radioactive Goods
 	
                         
 	
                         
 	
                        d)       Weather Routing
 
	
                         
 	
                        e)       Arms & Ammunition
 	
                         
 	
                         
 	
                        e)       Communications Facilities
 
	
                         
 	
                         
 	
                         
 	
                         
 	
                        f)        Logs and Witnesses
 
	
                        5.
 	
                        OWNERS’ OBLIGATIONS
 	
                         
 	
                         
 	
                        g)       Replacement of Master and Officers
 
	
                         
 	
                        Maintain in Class and efficient operation.
 	
                         
 	
                         
 	
                        h)       Supercargo
 
	
                         
 	
                        a)       Container Lashings
 	
                         
 	
                         
 	
                        j)         Victualling
 
	
                         
 	
                        b)       Crew Assistance
 	
                         
 	
                         
 	
                        k)        Sub-Letting
 
	
                         
 	
                        c)       Documentation
 	
                         
 	
                         
 	
                        l)        Inspections
 
	
                         
 	
                        d)       Insurance of the Vessel
 	
                         
 	
                         
 	
                        m)      Substitution and Sub-Contracting
 
	
                         
 	
                        e)       Fumigation and/or Deratisation
 	
                         
 	
                         
 	
                        n)       Laid-Up Returns
 
	
                         
 	
                        f)        Smuggling
 	
                         
 	
                         
 	
                        o)       Signing Bills of Lading
 
	
                         
 	
                         
 	
                         
 	
                         
 	
                         
 
	
                        6.
 	
                        CHARTERERS’ OBLIGATIONS
 	
                         
 	
                        14.
 	
                        OWNERS’ REQUIREMENTS 
 
	
                         
 	
                        a)       Provision of Details
 	
                         
 	
                         
 	
                        a)       Maintenance
 
	
                         
 	
                        b)       Instructions to the Master
 	
                         
 	
                         
 	
                        b)       Bills of Lading
 
	
                         
 	
                        c)       Stevedoring
 	
                         
 	
                         
 	
                        c)       General Average
 
	
                         
 	
                        d)       Charterers’ Lashings
 	
                         
 	
                         
 	
                        d)       Salvage
 
	
                         
 	
                        e)       Condition of Containers
 	
                         
 	
                         
 	
                        e)       Liens
 
	
                         
 	
                        f)        Stowage in Containers
 	
                         
 	
                         
 	
                         
 
	
                         
 	
                        g)       Stowage Planning
 	
                         
 	
                        15.
 	
                        SUNDRY MATTERS
 
	
                         
 	
                        h)       Operating Expenses
 	
                         
 	
                         
 	
                        a)       Pilotage/Towage
 
	
                         
 	
                        j)        Bunker Fuel
 	
                         
 	
                         
 	
                        b)       Watchmen
 
	
                         
 	
                        k)       Agency Costs
 	
                         
 	
                         
 	
                        c)        Stowaways
 
	
                         
 	
                        l)        Damage to Vessel
 	
                         
 	
                         
 	
                        d)       On/Off Hire Surveys
 
	
                         
 	
                        m)      Redelivery
 	
                         
 	
                         
 	
                        e)       Sub-Contractors
 
	
                         
 	
                        n)       Additional Premiums
 	
                         
 	
                         
 	
                         
 
	
                         
 	
                        o)       Advances to Master
 	
                         
 	
                        16.
 	
                        CHARTERS’ RESPONSIBILITIES/LIABILITIES
 
	
                         
 	
                        p)       Contraband
 	
                         
 	
                         
 	
                        a)       Charterers’ Responsibilities
 
	
                         
 	
                         
 	
                         
 	
                         
 	
                        b)       Claims Handling
 
	
                        7.
 	
                        HIRE
 	
                         
 	
                         
 	
                        c)       General Indemnity
 
	
                         
 	
                        a)       Rate
 	
                         
 	
                         
 	
                        d)       Fines etc.. Indemnity
 
	
                         
 	
                        b)       Payment
 	
                         
 	
                         
 	
                        e)       Time Limit
 
	
                         
 	
                        c)       Default
 	
                         
 	
                         
 	
                        f)        Agency
 
	
                         
 	
                        d)       Redelivery Adjustment
 	
                         
 	
                         
 	
                        g)       General Average Exclusion
 
	
                         
 	
                        e)       Deductions
 	
                         
 	
                         
 	
                        h)       Claims Authority
 
	
                         
 	
                        f)        Extension
 	
                         
 	
                         
 	
                         
 
	
                         
 	
                         
 	
                         
 	
                        17.
 	
                        OWNERS’ RESPONSIBILITIES/LIABILITIES
 
	
                        8.
 	
                        OFF HIRE
 	
                         
 	
                         
 	
                        a)       For Goods and Containers
 
	
                         
 	
                        a)       Unable to Comply with Instructions
 	
                         
 	
                         
 	
                        b)       For Refrigerated Goods
 
	
                         
 	
                        b)       Deviation
 	
                         
 	
                         
 	
                        c)       Limitation of Liability
 
	
                         
 	
                        c)       Blocking & Trapping
 	
                         
 	
                         
 	
                        d)       Time Limit
 
	
                         
 	
                        d)       Requisitions
 	
                         
 	
                         
 	
                        e)       For Personal Injury
 
	
                         
 	
                        e)       Loss of Time
 	
                         
 	
                         
 	
                        f)        Limitation Proceedings
 
	
                         
 	
                         
 	
                         
 	
                         
 	
                        g)       Consequential Loss
 
	
                        9.
 	
                        LOSS OF VESSEL
 	
                         
 	
                         
 	
                         
 
	
                         
 	
                         
 	
                         
 	
                        18.
 	
                        INSURANCES
 
	
                        10.
 	
                        LASHINGS AND STEVEDORING
 	
                         
 	
                         
 	
                        a)       Hull and Machinery
 
	
                         
 	
                        a)       Owners’ Lashings
 	
                         
 	
                         
 	
                        b)       Protection and Indemnity (P & I)
 
	
                         
 	
                        b)       Charterers’ Lashings
 	
                         
 	
                         
 	
                        c)       War Risks
 
	
                         
 	
                        c)       Stowage Planning
 	
                         
 	
                         
 	
                         
 
	
                         
 	
                        d)       Stevedoring
 	
                         
 	
                        19.
 	
                        WAR
 
	
                         
 	
                        e)       Liability
 	
                         
 	
                         
 	
                         
 
	
                         
 	
                         
 	
                         
 	
                        20.
 	
                        LAW AND ARBITRATION
 
	
                        11.
 	
                        VESSEL’S GEAR
 	
                         
 	
                         
 	
                        a)       London
 
	
                         
 	
                        a)        Regulations
 	
                         
 	
                         
 	
                        b)       New York
 
	
                         
 	
                        b)       Condition
 	
                         
 	
                         
 	
                        c)       Alternative
 
	
                         
 	
                        c)       Suez and Panama Canal
 	
                         
 	
                         
 	
                         
 
	
                         
 	
                        d)       Refrigeration
 	
                         
 	
                        21.
 	
                        COMMISSION
 
	
                         
 	
                        e)       Lighting
 	
                         
 	
                         
 	
                         
 
	
                         
 	
                         
 	
                         
 	
                        22.
 	
  NOTICES
 




This document is a computer generated BOXTIME form printed by authority of BIMCO. Any insertion or deletion to the form must be clearly visible. In the event of any modification made to the pre-printed text of this document which is not clearly visible, the text of the original BIMCO approved document shall apply. BIMCO assumes no responsibility for any loss, damage or expense as a result of discrepancies between the original BIMCO approved document and this computer generated document. 

 

 








 








PART II 

“BOXTIME” Charter Party

 


	
      It is agreed on the date shown in Box 2 between the party named in Box 3 as
 	
                        1
 
	
      the Owners of the Vessel named in Box 5 and the party named in Box 4 as
 	
                        2
 
	
                        the Charterers as follows:
 	
                        3
 
	
      1.  Period of Charter Party and Delivery
 	
                        4
 
	
                        (a) In consideration of the hire detailed in Box 25 the Owners let and the
 	
                        5
 
	
                         Charterers hire the Vessel for the period together with any optional exten-
 	
                        6
 
	
      sion(s) thereto as indicated in Box 23. Such options, always at the Charter-
 	
                        7
 
	
      ers’ discretion, must be declared to the Owners within the period     as indi-
 	
                        8
 
	
                         cated in Box 24.
 	
                        9
 
	
      (b) The Owners shall deliver the Vessel to the Charterers at the Place of De-
 	
                        10
 
	
                        livery as indicated in Box 18. Unless agreed by the Charterers to the contra-
 	
                        11
 
	
                        ry, delivery shall take place no earlier than the time/date as indicated in Box
 	
                        12
 
	
                        19  and no later than the time/date as indicated in Box 20 See Clause 56.
 	
                        13
 
	
                        If prior to delivery the Owners give notice to the Charterers that the Vessel
 	
                        14
 
	
                        will not be ready for delivery by the time/date as indicated in  Box 20, the
 	
                        15
 
	
                        Charterers shall declare within 48 hours after receiving notice thereof from
 	
                        16
 
	
                        the Owners whether they cancel or will take delivery of the Vessel but
 	
                        17
 
	
                        without prejudice to the Charterers’ right to claim proved damages.
 	
                        18
 
	
                        (c) If the Owners are unable to deliver the Vessel at the Place of Delivery as
 	
                        19
 
	
                        indicated in Box 18 for any reason beyond the control of the Owners, delive-
 	
                        20
 
	
                        ry shall take place at the nearest point to the nominated Place of Delivery to
 	
                        21
            
	
                        which the Vessel may safely and reasonably proceed.
 	
                        22
            
	
                        The Owners shall give notice of readiness to deliver to the Charterers and/or
 	
                        23
 
	
                        the Charterers’ local agents when in position to come on hire.
 	
                        24
 
	
                        (d) Delivery shall be effected at any time, day or night, Saturdays, Sundays
 	
                        25
 
	
                        and holidays included.
 	
                        26
 
	
                        (e) At the time of delivery the Vessel shall be clean and in all respects fit to
 	
                        27
 
	
                        receive goods and ISO standard containers.
 	
                        28
 
	
                        (f) The Charterers’ acceptance of delivery of the Vessel shall not prejudice
 	
                        29
 
	their rights against the Owners under this Charter Party.
 	
                        30
 
	2.  Owners’ Undertaking
 	
                        31
 
	
                        The Owners undertake that, at delivery, the Vessel shall be of the descrip-
            	
                        32
 
	
                        tion set out in PARTS I and III hereof.
 	
                        33
 
	
      3.  Trading Limits
 	
                        34
 
	
                        The Vessel shall be employed in lawful trades within Institute Warranty Li-
 	
                        35
 
	
                        mits (IWL and within the Trading Limits as indicated in Box 22 for the carri-
 	
                        36
 
	
                        age of lawful goods between safe ports or places where she can safely lie
 	
                        37
 
	
                        always afloat. The Vessel shall not be obliged to force ice nor to follow ice-
 	
                        38
 
	
                        breakers. The Vessel shall not trade in ice.
 	
                        39
 
	
                        The Owners warrant that, at the time of signing this Charter Party, the Vessel
 	
                        40
 
	
                        has not traded to any countries which would make the Vessel unacceptable
 	
                        41
 
	
                        for calls at ports within the Tradinq Limits as indicated in Box 22. The Char-
 	
                        42
 
	
                        terers shall provide a list of such countries.
 	
                        43
 
	
      4.  Permitted Cargoes - See rider clause 4
 	
                        44
 
	
                        Except as provided below, the Vessel shall be used exclusively for the carri-
 	
                        45
 
	
                        age of goods in ISO standard containers complying with the international
 	
                        46
 
	
                        Convention for Safe Containers.
 	
                        47
 
	
                        (a) Uncontainerised Goods: Uncontainerised goods may be carried only
 	
                        48
 
	
                        with the prior consent of the Owners and the Master provided that they are
 	
                        49
 
	
                        suitably prepared for carriage.
 	
                        50
 
	
                        (b) Hazardous Goods: The Owners agree that the Charterers may carry the
 	
                        51
 
	
                        maximum quantity as indicated in Box 26 of hazardous goods in containers,
 	
                        52
 
	
                        provided same are loaded, stowed, discharged and documented in accor-
 	
                        53
 
	
                        dance with IMO regulations, any mandatory local requirements and regula-
 	
                        54
 
	
                        tions of the flag state.
 	
                        55
 
	
                        (c) Live Animals: Live animals may be carried only with the prior consent of
 	
                        56
 
	
                        the Owners and the Master.
 	
                        57
 
	
                        (d) Radioactive Goods: Radioactive goods other than isotopes shall be ex-
 	
                        58
 
	
                        cluded. Radioactive isotopes may be carried only with the prior consent of
 	
                        59
 
	
                        the Owners and the Master and provided that they are of such a category as
 	
                        60
 
	
                        not to invalidate the Vessel’s P & I cover.
 	
                        61
 
	
                        (e) Arms & Ammunition: Arms and ammunition may be carried only with the 
 	
                        62
 
	
                        prior consent of the Owners and the Master.
 	
                        63
 
	
      5.  Owners’ Obligations
 	
                        64
 
	
                        Except as provided elsewhere in this Charter Party, the Owners shall, at
 	
                        65
 
	
                        their expense, maintain the Vessel in the Class as indicated in Box 10, in a
 	
                        66
 
	
                        thoroughly efficient state of hull and machinery and in every way fitted for
 	
                        67
 
	
                        the service throughout the currency of this Charter Party.
 	
                        68
 
	
                        The Owners shall, inter alia, provide and pay the cost of the following:
 	
                        69
 
	
                        (a) Container Lashings: (See Clause 10 (a)).
 	
                        70
 
	
                        (b) Crew Assistance with inter alia:-
 	
                        71
 
	
                        (i)   preparing the Vessel’s cranes, derricks, winches and/or cargo hand-
 	
                        72
 
	
                           ling gear for use,
 	
                        73
 
	
                         
 	
                         
 
	
                         
 	 





		
	(ii)    opening and closing any hatches (other than pontoon type hatches),
	74

	  ramps and other means of access to goods and containers,
	75

	(iii)   docking, undocking and shifting operations in port,
	76

	(iv)   bunkering,
	77

	(v)    maintaining power during loading and discharging operations,
	78

	(vi)   instructing crane drivers and winchmen in use of Vessel’s gear,
	79

	(vii)  supervising stevedores lashing and unlashing goods and containers
	80

	 and the regular checking of lashings at sea when weather conditions
	81

	 permit (See Clause 10 (d)(ii)),
	82

	(viii) monitoring, recording performances and, when available, supplying
	83

	labour for the repairing of the Charterers’ refrigeration machinery,
	84

	weather permitting (See Clause 17 (b)).
	85

	The above services shall be rendered by the crew if required, provided port
	86

	and local labour regulations permit, and except when repairing the Charter-
	87

	ers’ refrigeration machinery any overtime incurred shall be for the account
	88

	of the Owners.
	89

	(c) Documentation: Any documentation relating to the Vessel that may be re-
	90

	quired to permit the Vessel to trade within the limits as indicated in Box 22,
	91

	including, but not limited to, certificates of financial responsibility for oil pol-
	92

	lution, provided such oil pollution certificates are obtainable from the Own-
	93

	ers’ P&I club or some other available source, valid international tonnage
	94

	certificate, Suez and Panama tonnage certificates, valid certificate of regis-
	95

	try and certificates relating to the strength and/or serviceability of the Ves-
	96

	sel’s gear (See Clause 11 (a)).
	97

	(d) Insurance of the Vessel: (See Clause 18 ).
	98

	(e) Fumigation and/or deratisation: The provision of certificates thereof at
	99

	the commencement of the Charter Party and the renewal thereof throughout
	100

	the Charter Party, except if this is required as a result of the Charterers’
	101

	goods and containers carried under this Charter Party, in which case these
	102

	expenses shall be for the account of the Charterers.
	103

	(f) Smuggling: In the event of smuggling by the Master, Officers and/or crew,
	104

	the Owners shall bear the cost of any fines, taxes or imposts levied and the
	105

	Vessel shall be off hire for any time lost as a result thereof (See Clause 6 (p)).
	106

	6.  Charterers’ Obligations
	107

	Except as provided elsewhere in this Charter Party, the Charterers shall
	108

	provide and pay the costs of the following throughout the currency of this
	109

	Charter Party:
	110

	(a) Provision of Details: The provision of full and accurate details of goods
	111

	and containers (including any documentation required at any ports of call),
	112

	their weights and stowage positions to the Master as early as possible but
	113

	not later than upon arrival at the port of loading, with regular updating
	114

	thereof and the provision of a full and accurate plan of the stowage of all
	115

	goods and containers actually loaded prior to sailing. Such details shall in-
	116

	clude:-
	117

	(i) gross weights of containers,
	118

	(ii) any feature of the goods requiring attention by the crew during the voy-
	119

	age, including, but not limited to, any hazardous or other dangerous
	120

	feature and/or the need for carriage within a specified temperature
	121

	range.
	122

	(b) Instructions to the Master: The Master, although appointed by the Ow-
	123

	ners, shall at all times during the currency of this Charter Party be under the
	124

	orders and directions of the Charterers as regards employment and
	125

	agency. The Charterers shall be obliged at all times to furnish the Master
	126

	with full and timely instructions.
	127

	(c) Stevedoring: (See Clause 10 (d)(i)).
	128

	(d) Charterers’ Lashings: (See Clause 10 (b)).
	129

	(e) Condition of Containers: The Charterers warrant that all containers car-
	130

	ried pursuant to this Charter Party have been constructed to a design ap-
	131

	proved by a Classification Society and are properly maintained.
	132

	(f) Stowage in Containers: The correct stowage and safe securing of all
	133

	goods within containers (including securing to flat rack containers) to with-
	134

	stand the rigours of the voyage.
	135

	(g) Stowage Planning: (See Clause 10 (c)).
	136

	(h) Operating Expenses: All port charges, light and canal dues, pilotage,
	137

	towage, consular charges, and all other charges and expenses relating to
	138

	the operation of the Vessel not otherwise provided for in this Charter Party,
	139

	other than charges or expenses relating to the crew.
	140

	(j) Bunker Fuel: (See Clause 12).
	141

	(k) Agency Costs: All agency fees and expenses for normal ship’s husban-
	142

	dry at all ports or places of call.
	143

	(l) Damage to Vessel: Any damage to the Vessel or loss or damage to its
	144

	equipment caused by stevedores during the currency of this Charter Party
	145

	shall be reported by the Master to the Charterers or their agents, in writing,
	146

	within 24 hours of the occurrence or as soon as possible thereafter but la-
	147

	test when the loss or damage could have been discovered by the exercise of
	148







This document is a computer generated BOXTIME form printed by authority of BIMCO.  Any insertion or deletion to the form must be clearly visible.  In the event of any modification made to the pre-printed text of this document which is not clearly visible, the text of the original BIMCO approved document shall apply.  BIMCO assumes no responsibility for any loss, damage or expense as a result of discrepancies between the original BIMCO approved document and this computer generated document. 

 












PART II 

“BOXTIME” Charter Party

 


  
    	due diligence. The Master shall endeavour to obtain written acknowledge-
	149

	ment by the party causing loss or damage unless it is made good in the
	150

	meantime. The Charterers shall pay for stevedore damage whether or not
	151

	payment has been made by stevedores to the Charterers.
	152

	Damage for which the Charterers are responsible affecting seaworthiness,
	153

	or the proper working of the Vessel and/or her equipment, shall be repaired
	154

	without delay to the Vessel after each occurrence in the Charterers’ time
	155

	and shall be paid for by the Charterers. Other repairs to damage for which
	156

	the Charterers are responsible shall also be carried out in the Charterers’
	157

	time but, if this is not possible, such repairs shall be carried out whilst the
	158

	Vessel is in drydock in the Owners’ time provided this does not interfere with
	159

	the Owners’ repair work, or by the Vessel’s crew at the Owners’ conve-
	160

	nience. All costs of such repairs shall be for the Charterers’ account.
	161

	(m) Redelivery: Redelivery of the Vessel at the Place of Redelivery as indi-
	162

	cated in Box 21, unless agreed by the Owners or provided elsewhere to the
	163

	contrary, in the same condition to that pertaining when the Vessel was deli-
	164

	vered, fair wear and tear excepted, at the end of the period as indicated in
	165

	Box 23. The Charterers shall give the Owners one months notice of expected
	166

	date and Place of Redelivery, which advice shall be updated 10, 5 and 2
	167

	days prior to expected redelivery.
	168

	At the time of redelivery the Vessel shall be clean and fit to load goods and
	169

	ISO standard containers. If the Charterers have changed the configuration
	170

	of the Vessel to carry different size ISO standard containers or non ISO
	171

	standard containers, they shall, in their time and at their cost, prior to rede-
	I72

	livery, return the Vessel to its previous configuration, unless the Owners
	173

	agree to waive this requirement, in which case the Charterers shall return
	174

	the Vessel to its previous configuration, at their cost, after redelivery at such
	175

	time and place stipulated by the Owners but in the Owners’ time. Without
	176

	prejudice to any other claim the Owners may have under this Charter Party
	177

	the Owners shall not be obliged to accept redelivery of the Vessel before it is
	178

	returned to its previous configuration.
	179

	(n) Additional Premiums:
	180

	Charterers have the option to call war risked countries against payment
	 

	of all additional insurance premiums including for blocking, trapping and
	 

	crew war risk insurance, if applicable. Same will be arranged by Owners,
	 

	who are always to consult the final rate with Charterers. The additional
	 

	premium to be paid by Charterers with the next hire payment after receipt
	 

	of invoice from Owners’ insurance brokers telefaxed by Owners. Owners
	 

	to mail to Charterers the original as soon as received. In case there is a
	 

	serious doubt about the insurance premium proposed by Owners’
	 

	underwriters, Owners shall make their utmost efforts to negotiate a more
	 

	competitive premium.
	 

	All additional premiums for hull and machinery,
	 

	war risks, including blocking and trapping, or protection and indemnity in-
	181

	surance incurred by the Owners over and above the premiums payable by
	182

	the Owners. The Owners shall allow the Charterers to arrange these addi-
	183

	tional covers on their behalf if the Charterers so request and if the proposed
	184

	insurers and terms are acceptable to the Owners. If the Charterers arrange
	185

	such insurance the Charterers’ insurers shall confirm cover latest 24 hours
	186

	before the Vessel is due to be exposed to the risk so insured (See Clause
	187

	18).
	188

	(o) Advances to Master: The Charterers shall procure that their local agents
	189

	at all ports of call shall, upon request by the Master, make funds available to
	190

	him for disbursements, which advances the Charterers may recoup from the
	191

	Owners by deduction from the hire payments in accordance with Clause
	192

	7 (e).
	193

	(p) Contraband: In the event that contraband and/or unmanifested drugs or
	194

	goods are found to have been shipped as part of the goods and/or in con-
	195

	tainers on board, any fines, taxes or imposts levied shall be for the Charter-
	196 

	ers’ account, and the Vessel shall remain on hire during any time lost as a
	197

	result thereof, unless it can be established that the Master, Officers and/or
	198

	crew are involved in smuggling (See Clause 5 (f). In this event any security
	199

	required shall be provided by the Charterers.
	200

	 
	 

	7.  Hire
	201

	(a) Rate: The Charterers shall pay hire at the rate stated in Box 25, per day or
	202

	pro rata for part of a day, from the time the Vessel is delivered to the Charter-
	203

	ers until her redelivery to the Owners. All calculation of hire shall be made by
	204

	reference to Universal Time Co-ordinated (U.T.C.).
	205

	(b) Payment: Payment of hire shall be made in cash in full and without dis-
	206

	count, every 15 days in advance paid directly to the Owners’ nominated
	207

	bank account semi-monthly in advance. If hire or any instalment thereof is not
	 

	paid
	 

	as aforesaid, the Charterers shall pay interest at the rate of 0.1 per cent per
	208

	day on the amount outstanding from and including the due date until the
	209

	date of payment.
	210

	(c) Default: In default of punctual and regular payment as herein specified,
	211

		


  




  	the Owners may require the Charterers to make payment of the amount due
	212

	within 96 running hours of receipt of notification from the Owners, failing
	213

	which the Owners will have the right to withdraw the Vessel without preju-
	214

	dice to any claim the Owners may have against the Charterers under this
	215

	Charter Party. Further, so long as the hire remains unpaid, the Owners shall
	216

	be entitled to suspend the performance of any and all of their obligations
	217

	hereunder and shall have no responsibility whatsoever for any consequen-
	218

	ces thereof in respect of which the Charterers hereby indemnify the
	219

	Owners. Hire shall continue to accrue and any extra expenses resulting
	220

	from such suspension shall be for the Charterers’ account.
	221

	(d) Redelivery Adjustment: Should the Vessel be on her voyage towards the
	222

	Place of Redelivery at the time payment of hire becomes due, said payment
	223

	shall be made for the estimated time necessary to complete the voyage, less
	224

	disbursements made by the Charterers for the Owners’ account, including
	225

	the estimated value of bunker fuel on board at redelivery. When the Vessel is
	226

	redelivered to the Owners any difference shall be refunded to or paid by the
	227

	Charterers as appropriate, but not later than three months after redelivery of
	228

	the Vessel.
	229

	(e) Deductions: On production of supporting vouchers the Charterers shall
	230

	be entitled to deduct from payments of hire any expenditure incurred on be-
	231

	half of the Owners which may be payable by the Owners under this Charter
	232

	Party. If such expenditure is incurred in a currency other than that in which
	233

	hire is payable, conversion into such currency for the purpose of deduction
	234

	shall be effected at the rate of exchange at the place of the bank where hire
	235

	is paid prevailing on the date when the expenditure was incurred.
	236

	(f) Extension: The Charterers shall arrange the Vessel’s trading so as to per-
	237

	mit redelivery at the place and in the period as indicated in Boxes 21and 23,
	238

	respectively. If the Vessel is not chartered for a minimum/maximum period
	239

	and the Vessel is sent on a final voyage reasonably calculated to allow rede-
	240

	livery within such period at the Place of Redelivery as provided under this
	241

	Charter Party, and the voyage is prolonged for reasons beyond the Charter-
	242

	ers’ control, the Charterers shall have the use of the Vessel at the rate and
	243

	on the conditions of this Charter Party for such extended time as may be re-
	244

	quired for completion of said voyage and redelivery as aforesaid.
	245

	 
	 

	8.  Off Hire
	246

	After delivery in accordance with Clause 1 hereof, the Vessel shall remain
	247

	on hire until redelivered in accordance with Clause 6(m), except for the fol-
	248

	lowing periods:
	249

	(a) Unable to Comply with Instructions: If the Vessel is unable to comply with
	250

	the instructions of the Charterers on account of:-
	251

	(i)   any damage, defect, breakdown, or deficiency of the Vessel’s hull, ma-
	252

	chinery, equipment or repairs or maintenance thereto, including dry-
	253

	docking, excepting those occasions when Clause 6 (I) applies,
	254

	(ii)   any deficiency of the Master, Officers and/or crew, including the fai-
	255

	lure, refusal or inability of the Master, Officers and/or crew to perform
	256

	service immediately required, whether or not within the control of the
	257

	Owners,
	258

	(iii)   arrest of the Vessel at the suit of a party where a claim is not caused by
	259

	the Charterers, their servants, agents or sub-contractors (See Clause
	260 

	5(f)),
	261

	(iv)   any delay occasioned by any breach by the Owners of any obligation
	262

	or warranty in this Charter Party.
	263

	If any of the above incidents affect the full use of the Vessel, it shall be off
	264

	hire. If they partially affect the use of the Vessel, it shall be off hire to the ex-
	265

	tent such incidents affect the Charterers’ use of the Vessel (See also Clause
	266

	11 (b)).
	267

	(b) Deviation: In the event of the Vessel deviating (which expression inclu-
	268

	des putting back, or putting into any port or place other than that to which
	269

	she is bound under the instructions of the Charterers) other than to save life
	270

	or property, hire shall cease to be payable from the commencement of such
	271

	deviation until the time when the Vessel is again ready to resume her service
	272

	from a position not less favourable to the Charterers than that at which the
	273

	deviation commenced, provided always that due allowance shall be given
	274

	for any distance made good towards the Vessel’s destination and any bun-
	275

	kers saved. However, should the Vessel alter course to avoid bad weather or
	276

	be driven into port or anchorage by stress of weather, the Vessel shall re-
	277

	main on hire and all costs thereby incurred shall be for the Charterers’ ac-
	278

	count.
	279

	(c) Blocking and Trapping: If during the currency of this Charter Party the
	280

	Vessel is blocked or trapped in circumstances where Clause 19 (b) applies,
	281

	the Vessel shall be off hire for the period blocked or trapped. If the Vessel is
	282

	blocked or trapped for a period of 365 days this Charter Party shall be termi-
	283

	nated.
	284

	(d) Requisitions: Should the Vessel be requisitioned by any government or
	285

	governmental authority during the period of this Charter Party, it shall be off
	286

	hire during the period of such requisition and any hire or other compensa-
	287







This document is a computer generated BOXTIME form printed by authority of BIMCO. Any insertion or deletion to the form must be clearly visible. In the event of any modification made to the pre-printed text of this document which is not clearly visible, the text of the original BIMCO approved document shall apply. BIMCO assumes no responsibility for any loss, damage or expense as a result of discrepancies between the original BIMCO approved document and this computer generated document.

 

 













PART II 

“BOXTIME” Charter Party

 


  
    	tion paid by any government or governmental authority in respect of such
	 
	288

	requisition shall be paid to the Owners. However, the Charterers shall have
	 
	289

	the option of cancelling the balance period of this Charter Party, provided
	 
	290

	this option is exercised within 14 days of receipt of notice of requisition.
	 
	291

	(e) Loss of Time: In the event of loss of time for which the Owners are res-
	 
	292

	ponsible, including but not limited to terms of employment of Master, Offic-
	 
	293

	ers and/or crew, the Vessel shall be off hire for the time thereby lost.
	 
	294

	Any time during which the Vessel is off hire under this Charter Party may be
	 
	295

	added to the charter period, at the option of the Charterers. Such option
	 
	296

	shall be declared before the first redelivery notice is given. Should the off
	 
	297

	hire period last more than 90 consecutive days, Charterers shall have the
	 
	 

	option to cancel the charterparty provided the Vessel is free of cargo. not
	 
	 

	less than two months before expected redelivery, or
	 
	 

	latest two weeks after the event if less than two months before expected re-
	 
	298

	delivery.
	 
	299

	 
	 
	 

	9. Loss of Vessel
	 
	300

	Should the Vessel be lost, or become a constructive total loss, hire shall
	 
	301

	cease at noon on the day of her loss or constructive total loss, and if mis-
	 
	302

	sing, from noon on the date when last heard of, and any hire paid in advance
	 
	303

	and not earned shall be returned to the Charterers and payment of any hire
	 
	304

	due shall be suspended until the Vessel is reported safe.
	 
	305

	 
	 
	 

	10. Lashings and Stevedoring
	 
	306

	(a) Owners’ Lashings: The Owners shall supply and maintain in good work - 
	 
	307

	ing order throughout the currency of this Charter Party sufficient lashing
	 
	308

	and securing equipment to facilitate the proper lashing and securing in ac-
	 
	309

	cordance with the plan supplied by the Owners of the maximum number of
	 
	310

	ISO standard containers which may be carried in accordance with the de-
	 
	311

	tails provided in PART Ill hereto. The Owners further warrant that both the
	 
	312

	strength of the lashings and the design of the lashing pattern are adequate
	 
	313

	for the stowage in accordance with PART Ill hereto and that these have been
	 
	314

	approved by the Vessel’s Classification Society. Any loss or damage to the
	 
	315

	Vessel’s container fittings and lashing equipment shall be replaced by or
	 
	 

	repaired to the same standard and quality at the Charterers’ expense, fair
	 
	 

	wear and tear excepted.
	 
	 

	(b) Charterers’ Lashings: Should any additional or alternative lashings to
	 
	316

	those supplied by the Owners be required, these shall be supplied by the
	 
	317

	Charterers at their expense. Should the Charterers supply gear, equipment
	 
	318

	or stores, the Master shall keep a record of it and care for it. Such gear,
	 
	319

	equipment or stores shall be redelivered to the Charterers at the time requi-
	 
	320

	red by the Charterers in the same condition as supplied fair wear and tear
	 
	321

	excepted.
	 
	322

	(c) Stowage Planning: The Charterers shall ensure that stowage is effected
	 
	323

	in accordance with the requirements of this Charter Party and of the Ves-
	 
	324

	sel’s stability including, inter alia, that stack and tier weights are not ex-
	 
	325

	ceeded and that heavy containers are not stowed over light containers on or
	 
	326

	under deck, except with the Master’s prior approval.
	 
	327

	(d) Stevedoring:
	 
	328

	(i) The Charterers shall provide and pay for the cost of all stevedoring op-
	 
	329

	erations during the currency of this Charter Party including, inter alia,
	 
	330

	receipt, loading, handling, stowing, lashing, securing, unsecuring, un-
	 
	331

	lashing, unstowing, discharging, tallying and delivering of all uncontai-
	 
	332

	nerised goods and containers and shall be liable to the Owners for all
	 
	333

	loss or damage caused to the Vessel by the improper or careless per-
	 
	334

	formance of such operations.
	 
	335

	(ii) The Master shall supervise stevedores undertaking the tasks outlined
	 
	336

	in Clause 10 (d) (i) to ensure that these are done correctly and to his
	 
	337

	satisfaction. The Master shall ensure that all lashings are regularly
	 
	338

	checked whilst at sea, weather permitting.
	 
	339

	(e) Liability: Except in respect of the failure of any lashing supplied by the
	 
	340

	Charterers, the Owners shall be responsible, subject to the provisions of
	 
	341

	Clause 17, for the consequences of the failure of any lashings or lashing
	 
	342

	pattern design or execution or the failure to properly service lashings during
	 
	343

	the voyage.
	 
	344

	 
	 
	 

	11. Vessel’s Gear
	 
	345

	(a) Regulations: The Vessel’s cargo gear if any, and any other equipment
	 
	346

	shall comply with the regulations of the countries to which the Vessel will be
	 
	347

	employed and the Owners shall ensure that the Vessel is at all times during
	 
	348

	the currency of this Charter Party in possession of valid certificates of effi-
	 
	349

	ciency to comply with such regulations. If stevedores are not permitted to
	 
	350

	work due to failure of the Master and/or the Owners and/or the Owners’
	 
	351

	agents to comply with the aforementioned regulations or because the Ves-
	 
	352

	sel is not in possession of such valid certificates of efficiency, then the
	 
	353

	Charterers may suspend hire for the time lost thereby and the Owners shall
	 
	354

	pay all directly related expenses incurred incidental to and resulting from such
	 
	355



  




  	failure (see
	 
	 

	Clause 5 (c)).
	 
	356

	(b) Condition: All cargo handling gear, including derrick(s), crane(s) and
	 
	357

	winch(es) if any, shall be kept in good working order and the Owners shall
	 
	358

	maintain, repair and/or replace such gear whenever necessary. In the event
	 
	359

	of loss of time due to a breakdown of derrick(s), crane(s) or winch(es) for
	 
	360

	any period by reason of disablement or insufficient power, hire shall be re-
	 
	361

	duced pro rata for the period of such inefficiency in relation to the number of
	 
	362

	hatches affected, unless caused by mishandling by the Charterers or their
	 
	363

	servants. If the Charterers continue working by using shore-crane(s) the
	 
	364

	Owners shall pay such cranage but not exceeding the hire payable for such
	 
	365

	period, in which case the Vessel shall not be off hire pro rata as stipulated
	 
	366

	above. The Vessel shall, however, be pro-rata off hire if shore-cranes are
	 
	367

	not available during stoppages of derrick(s), crane(s) or winch(es) and all
	 
	368

	other unavoidable expenses thereby incurred shall be for the Owners’ ac-
	 
	369

	count.
	 
	370

	(c) Suez and Panama Canal: The Vessel shall be maintained during the cur-
	 
	371

	rency of this Charter Party with all necessary fittings for Suez and Panama
	 
	372

	Canal transit in good working order.
	 
	373

	(d) Refrigeration: The Owners shall ensure that all refrigeration facilities as
	 
	374

	described in PART Ill are maintained in good working order throughout the
	 
	375

	currency of this Charter Party.
	 
	376

	(e) Lighting: The Owners shall ensure that the Vessel will supply sufficient
	 
	377

	 lighting to deck and holds to permit 24 hour working free of expense to the
	 
	378

	Charterers and that such lighting will comply with the port regulations at all
	 
	379

	ports of call throughout the currency of this Charter Party.
	 
	380

	 
	 
	 

	12. Bunker Fuel
	 
	381

	(a) Quantity at Delivery/Redelivery: The Vessel shall be delivered with ap-
	 
	382

	proximately the quantity of fuel as indicated in Box 16 and, unless indicated
	 
	383

	to the contrary in Box 17, the Vessel shall be redelivered with an approxima-
	 
	384

	tely similar quantity, provided that the quantity of fuel at redelivery is at least
	 
	385

	sufficient to allow the Vessel to reach safely the nearest port at which fuel of
	 
	386

	the required type is available.
	 
	387

	(b) Pre and Post Charter Bunkering: Provided that it can be accomplished
	 
	388

	without hindrance to the operation of the Vessel, the Owners shall allow the
	 
	389

	Charterers to bunker for the account of the Charterers prior to delivery and
	 
	390

	the Charterers shall allow the Owners to bunker for the account of the Owner
	 
	391

	prior to redelivery, in both cases by prior arrangement between the
	 
	392

	parties.
	 
	393

	(c) Purchase Price: Unless otherwise stated in Boxes 16 and 17, the Charter-
	 
	394

	ers shall purchase the fuel on board at delivery and the Owners shall pur-
	 
	395

	chase the fuel on board at redelivery at the Platts Oil Gram mean prices at
	 
	396

	the ports and dates of delivery and redelivery, respectively, or the nearest
	 
	397

	bunkering port thereto.
	 
	398

	(d) Specification: The Charterers shall supply fuel of the B.S.M.A. 100:1989
	 
	399

	specification or any amendment thereto as indicated in Box 14.
	 
	400

	(e) Consumption: The Vessel’s fuel consumption in port and at sea shall not
	 
	401

	exceed the amounts shown in PART Ill, at all times for port consumption and
	 
	402

	in smooth water with winds not exceeding Beaufort Scale 4 for consumption
	 
	403

	at sea.
	 
	404

	(f) Bunkering: The Chief Engineer shall co-operate with the Charterers’ bun-
	 
	405

	kering agents and fuel suppliers and comply with their requirements during
	 
	406

	bunkering, including, but not limited to, checking, verifying and acknow-
	 
	407

	ledging readings or soundings, meters etc. before, during and/or after de-
	 
	408

	livery of fuel.
	 
	409

	Three (3) samples of all fuel shall be taken during delivery, sealed and
	 
	410

	signed by suppliers, Chief Engineer and the Charterers’ agent, each of
	 
	411

	whom should retain one sample. If any claim should arise in respect of the
	 
	412

	quality or specification of the fuel supplied, the Owners and the Charterers
	 
	413

	agree to have samples of the fuel analysed by a mutually agreed qualified
	 
	414

	analyst.
	 
	415

	13. Charterers’ Requirements
	 
	416

	(a) Plans: On signing this Charter Party the Owners shall, if the Charterers so
	 
	417

	request, furnish the Charterers with the following documents in English:
	 
	418

	(i) General Arrangement Plan
	 
	419

	(ii) Capacity Plan
	 
	420

	(iii) Container Stowage Plan
	 
	421

	(iv) Plan of Deck and (where the Vessel not cellular) Under-Deck Container
	 
	422

	Lashing Plan approved by the Vessel’s Classification Society.
	 
	423

	(v) Trim and Stability Book
	 
	424

	(vi) Hydrostatic Curves Plan
	 
	425

	(vii) Loading Scale
	 
	426

	(viii) Tank Plan
	 
	427

	and any other operational documents that the Charterers may reasonably
	 
	428

	request and which are necessary for the safe and efficient operation of the
	 
	429

	 
	 
	 









This document is a computer generated BOXTIME form printed by authority of BIMCO. Any insertion or deletion to the form must be clearly visible. In the event of any modification made to the pre-printed text of this document which is not clearly visible, the text of the original BIMCO approved document shall apply. BIMCO assumes no responsibility for any loss, damage or expense as a result of discrepancies between the original BIMCO approved document and this computer generated document.

 








 








PART II 

“BOXTIME” Charter Party

 


	
                        Vessel. All documents received by the Charterers shall be returned to the
 	
                         
 	
                        430
 
	
                        Owners on redelivery.
 	
                         
 	
                        431
 
	
                        (b) Flag, Funnel, Name and Configuration: The Charterers, if required, shall
 	
                         
 	
                        432
 
	
                        be allowed to fly their house flag, paint the funnel in the Charterers’ colours
 	
                         
 	
                        433
 
	
                        and/or the name and insignia of the Line on the Vessel’s side, change the
 	
                         
 	
                        434
 
	
                        Vessel’s name,
 	
                         
 	
                         
 
	
                        subject to the authorities’ approval, and/or change the Vessel’s container
 	
                         
 	
                        435
 
	
                        stowage configuration to carry different sized containers, all during the cur-
 	
                         
 	
                        436
 
	
                        rency of this Charter Party. If the Charterers elect to exercise any or all of
 	
                         
 	
                        437
 
	
                        these options all alterations necessary shall be effected during the Charter-
 	
                         
 	
                        438
 
	
                        ers’ time and at the Charterers’ expense. Unless the Owners elect to waive
 	
                         
 	
                        439
 
	
                        this requirement or enter into an alternative agreement with the Charterers,
 	
                         
 	
                        440
 
	
                        the Vessel shall be returned to its condition prior to the commencement of
 	
                         
 	
                        441
 
	
                        the Charter Party at the Charterers’ expense before redelivery. See clause 52.
 	
                         
 	
                        442
 
	
                        (c) Ballast Warranty: The Owners warrant that the Vessel is capable of ope-
 	
                         
 	
                        443
 
	
                        rating under this Charter Party in ballast without requiring any solid ballast
 	
                         
 	
                        444
 
	
                        and using fuel and water ballast only.
 	
                         
 	
                        445
 
	
                        (d) Weather Routing: The Charterers may supply the Master with weather
 	
                         
 	
                        446
 
	
                        routing information during the currency of this Charter Party. In this event
 	
                         
 	
                        447
 
	
                        the Master shall comply with the reporting procedure of the Charterers’
 	
                         
 	
                        448
 
	
                        weather routing service.
 	
                         
 	
                        449
 
	
                        (e) Communications Facilities: The Owners shall permit the Charterers use
 	
                         
 	
                        450
 
	
                        of the Vessel’s communication facilities at cost during the currency of this
 	
                         
 	
                        451
 
	
                        Charter Party.
 	
                         
 	
                        452
 
	
                        (f) Logs and Witnesses: The Owners shall maintain full deck, engine room
 	
                         
 	
                        453
 
	
                        and, where appropriate, refrigeration logs during the currency of this Char-
 	
                         
 	
                        454
 
	
                        ter Party and the Charterers shall have full access to all the Vessel’s logs,
 	
                         
 	
                        455
 
	
                        rough and official, covering this period. The Owners undertake to produce
 	
                         
 	
                        456
 
	
                        all such documentation promptly upon request of the Charterers.
 	
                         
 	
                        457
 
	
                        The Owners also undertake to endeavour to assist the Charterers by pro-
 	
                         
 	
                        458
 
	
                        ducing or assisting the Charterers to trace the Vessel’s witnesses as may be
 	
                         
 	
                        459
 
	
                        requested by the Charterers to give testimony in connection with matters
 	
                         
 	
                        460
 
	
                        arising in relation to this Charter Party and such expenses as may be incur-
 	
                         
 	
                        461
 
	
                        red shall be for the Charterers’ account.
 	
                         
 	
                        462
 
	
                        (g) Replacement of Master and Officers: If the Charterers shall have reason
 	
                         
 	
                        463
 
	
                        to be dissatisfied with the conduct of the Master or Officers, the Owners
 	
                         
 	
                        464
 
	
                        shall, on receiving particulars of the complaint, investigate same and, if con-
 	
                         
 	
                        465
 
	
                        firmed, replace the offending party(ies) at the Owners’ expense.
 	
                         
 	
                        466
 
	
                        (h) Supercargo: The Owners shall provide and maintain a clean and ade-
 	
                         
 	
                        467
 
	
                        quate room for the Charterers’ supercargo if any, furnished to the same
 	
                         
 	
                        468
 
	
                        standard as officers’ accommodation. Supercargo shall be victualled with
 	
                         
 	
                        469
 
	
                        the Vessel’s officers. The Charterers shall pay for accommodation and vic-
 	
                         
 	
                        470
 
	
                        tualling of any supercargo at the daily rate as indicated in Box 28.
 	
                         
 	
                        471
 
	
                        (j) Victualling: The Owners, when requested and authorised by the Charter-
 	
                         
 	
                        472
 
	
                        ers or their agents, shall victual other officials and servants of the Charter-
 	
                         
 	
                        473
 
	
                        ers at the rate per person per meal as indicated in Box 29.
 	
                         
 	
                        474
 
	
                        (k) Sub-Letting: The Charterers shall have the right to sub-let all or part of
 	
                         
 	
                        475
 
	
                        the Vessel with the prior consent of the Owners, which shall not be unrea-
 	
                         
 	
                        476
 
	
                        sonably withheld, whilst still remaining responsible to the Owners for the
 	
                         
 	
                        477
 
	
                        performance of this Charter Party.
 	
                         
 	
                        478
 
	
                        (l) Inspections: The Owners shall co-operate with the Charterers to facilitate
 	
                         
 	
                        479
 
	
                        the Charterers’ inspection of the Vessel at any time, upon receipt of reason-
 	
                         
 	
                        480
 
	
                        able notice, in the Charterers’ time.
 	
                         
 	
                        481
 
	
                        (m) Substitution and Sub-Contracting: Unless the Charterers’ prior consent
 	
                         
 	
                        482
 
	
                        be obtained in writing, which shall not be unreasonably withheld, the Ow-
 	
                         
 	
                        483
 
	
                        ners may not:-
 	
                         
 	
                        484
 
	
                        (i)      substitute any other vessel for that named herein, even though it might
 	
                         
 	
                        485
 
	
           be of identical specification, before, at the beginning of or throughout
 	
                         
 	
                        486
 
	
           the currency of this Charter Party or,
 	
                         
 	
                        487
 
	
      (ii)     sub-contract any of their obligations including the management of the
 	
                         
 	
                        488
 
	
          Vessel. In the event of any sub-contracting the Owners shall remain
 	
                         
 	489

	
          responsible for the performance of this Charter Party or,
 	
                         
 	490

	
      (iii)    change the flag of the Vessel.
 	
                         
 	491

	
                        (n) Laid-Up Returns: The Charterers shall have the right to order the laying-
 	
                         
 	492

	
                        up of the Vessel at any time and for any period of time at a safe berth or place
 	
                         
 	493

	
                        and in the event of such laying-up the Owners shall promptly take steps to
 	
                         
 	494

	
                        effect all the economies in operating costs, including insurance, which may
 	
                         
 	495

	
                        be possible and give prompt credit to the Charterers in respect of all such
 	
                         
 	496

	
                        economies. At the request of the Charterers, the Owners shall at any time
 	
                         
 	497

	
                        provide an estimate of the economies which would be possible in the event
 	
                         
 	498

	
                        of the laying-up of the Vessel. The laying-up port or place shall be at the
 	
                         
 	499

	
                        Charterers’ option but shall always be safe and acceptable to the Owners’
 	
                         
 	500

	
                        insurers. Should the Charterers in liaison with the Owners decide that the
 	
                         
 	501

	
                        Master, Officers and crew should be paid off, then the cost of repatriation
 	
                         
 	502

	
                        and, later, cost of rejoining, including laying-up preparation and reactiva-
 	
                         
 	503

	
                        tion cost, and all expenses incurred shall be for the Charterers’ account.
 	
                         
 	504

	
                         
 	
                         
 	
                         
 




	The Charterers shall give sufficient notice of their intention in this respect to
	 
	505

	enable the Owners to make necessary arrangements for decommissioning
	 
	506

	and recommissioning.
	 
	507

	Any returns of premium or calls payable to the Owners by reason of the Ves-
	 
	508

	sel remaining within the confines of any port area in excess of any minimum
	 
	509

	period provided for in the Owners’ insurance policies shall be remitted to
	 
	510

	the Charterers upon receipt by the Owners, provided the Vessel was on hire
	 
	511

	for the full period, otherwise such return shall be shared pro rata between
	 
	512

	the Owners and the Charterers according to the proportion of qualifying
	 
	513

	time on and off hire.
	 
	514

	(o) Signing Bills of Lading: If required, the Master shall sign bills of lading as
	 
	515

	presented by the Charterers. If required, the Charterers and/or their agents
	 
	516

	are hereby authorised by the Owners to sign bills of lading on the Owners’
	 
	517

	and/or the Master’s behalf (See Clauses 16 (a), (b) and (c)). The Charterers
	 
	518

	shall indemnify the Owners and the Master against all consequences or lia-
	 
	519

	bilities arising therefrom.All bills of lading issued under this Charter Party
	 
	520

	to be in accordance with Mate’s receipts.
	 
	 

	 
	 
	 

	14. Owners’ Requirements
	 
	521

	(a) Maintenance: The Owners shall have the right to take the Vessel out of
	 
	522

	service for emergency repairs at any time and for routine maintenance by
	 
	523

	prior arrangement with the Charterers. The Owners shall endeavour to ac-
	 
	524

	commodate the Charterers’ requirements in determining the timing of such
	 
	525

	maintenance and the Charterers shall endeavour to accommodate the Ow-
	 
	526

	ners’ choice of location for maintenance (See Clause 8(a)(i)).See clause 49.
	 
	527

	(b) Bills of Lading: The Charterers warrant that bills of lading issued in res-
	 
	528

	pect of the carriage of goods and containers under this Charter Party shall
	 
	529

	contain the following clauses:
	 
	530

	(i)   A clause paramount applying the Hague or Hague-Visby Rules or a
	 
	531

	  carriage of goods by sea statute making either of these mandatorily
	 
	532

	  applicable, in either case according to the practice prevalent at the
	 
	533

	   port(s) of loading.
	 
	534

	(ii)   A “New Jason” clause.
	 
	535

	(iii)  A “General Average” clause providing for adjustment at a port or place
	 
	536

	  at the option of the Carrier according to the York-Antwerp Rules 1974
	 
	537

	  or any amendment thereto.
	 
	538

	(iv)  A “Himalaya” or “Circular Indemnity” clause giving the Owners the be-
	 
	539

	   nefit of the bill of lading terms and conditions and/or protection from
	 
	540

	   tortious claims by third parties.
	 
	541

	(v)  A “Sister Ship Salvage” clause.
	 
	542

	(vi)  A “Both-to-Blame Collision” clause.
	 
	543

	(c) General Average: General average shall be adjusted at the place as indi-
	 
	544

	cated in Box 33 according to the York-Antwerp Rules 1974 or any amend-
	 
	545

	ment thereto by an adjuster appointed by the Owners. In the event of general
	 
	546

	average or salvage, the Charterers shall provide an acceptable temporary
	 
	547

	security covering all goods and containers to avoid delay and secure their
	 
	548

	release so that transit/delivery may continue. The Owners agree that the
	 
	549

	Charterers temporary guarantee may be exchanged in due course for a full
	 
	550

	set of securities from the appropriate interested parties covering all goods
	 
	551

	and containers. The Charterers agree to co-operate with the Owners and
	 
	552

	the Owners’ appointed adjusters, to assist by supplying manifest and other
	 
	553

	information and, where required, to endeavour to secure the assistance of
	 
	554

	the Charterers’ local agents in the collection of security, at the Owners’ ex-
	 
	555

	pense.
	 
	556

	All goods and containers shall contribute in general average, whether ship-
	 
	557

	ped on or under deck. Charter hire shall not contribute.
	 
	558

	General average shall be adjusted in any currency at the sole option of the
	 
	559

	Owners. Exchange into the currency of adjustment shall be calculated at the
	 
	560

	rate prevailing on the date of payment for disbursements and on the date of
	 
	561

	completion of discharge of the Vessel for allowances, contributory values,
	 
	562

	etc.
	 
	563

	(d) Salvage: All time lost and all legal and other expenses (excluding any
	 
	564

	damage to the Vessel) incurred in saving or attempting to save life or pro-
	 
	565

	perty shall be borne equally by the Owners and the Charterers. All salvage
	 
	566

	and proceeds from derelicts shall be divided equally between the Owners
	 
	567

	and the Charterers after deducting the Master’s, Officers’ and crew’s share.
	 
	568

	The Charterers shall be bound by all measures taken by the Owners in order
	 
	569

	to secure payment of salvage and to settle its amount.
	 
	570

	(e) Liens: The Charterers warrant that they will not suffer, nor permit to be
	 
	571

	continued, any lien or encumbrance incurred by them or their agents, which
	 
	572

	might have priority over the title and interest of the Owners in the Vessel. In
	 
	573

	no event shall the Charterers procure, nor permit to be procured, for the
	 
	574

	Vessel any supplies, necessaries or services without previously obtaining a
	 
	575

	statement, signed by an authorised representative of the furnisher thereof,
	 
	576

	acknowledging that such supplies, necessaries or services are being furni-
	 
	577

	shed on the credit of the Charterers and not on the credit of the Vessel or of
	 
	578

	the Owners and that the furnisher claims no maritime lien on the Vessel
	 
	579











This document is a computer generated BOXTIME form printed by authority of BIMCO. Any insertion or deletion to the form must be clearly visible. In the event of any modification made to the pre-printed text of this document which is not clearly visible, the text of the original BIMCO approved document shall apply. BIMCO assumes no responsibility for any loss, damage or expense as a result of discrepancies between the original BIMCO approved document and this computer generated document.

 








 



 






PART II

“BOXTIME” Charter Party 

 


	
      therefor.
 	  
 	
      580
 
	
                        The Owners shall have a lien on the Charterers’ goods and containers and
 	  
 	
                        581
 
	
                        upon all sub-freights and/or sub-hire for unpaid charter hire, unreimbursed
 	  
 	
                        582
 
	
                        Charterers’ expenses initially paid by the Owners and contributions in gen-
 	  
 	
                        583
 
	
                        eral average properly due, .unless the Charterers or the Charterers’ P&I
 	  
 	
                        584
 
	
                        Club provide a bank guarantee acceptable to the Owners as well as the
 	  
 	
                         
 
	
                        Owners’ underwriters and P&I Club.
 	  
 	
                         
 
	
                         
 	  
 	
                         
 
	
                        15. Sundry Matters
 	  
 	
                        585
 
	
                        (a) Pilotage/Towage: Although engaged by the Charterers or their agents
 	  
 	
                        586
 
	
                        and paid by the Charterers, all pilotage, towage and other such services to
 	  
 	
                        587
 
	
                        the Vessel to assist with navigation shall be engaged as agents of the Ow-
 	  
 	
                        588
 
	
                        ners who, for the purposes of this Charter Party, shall remain responsible for
 	  
 	
                        589
 
	
                        the due performance thereof. Nothing contained in this Charter Party shall
 	  
 	
                        590
 
	
                        be construed as a demise of the Vessel to the Charterers and the Owners re-
 	  
 	
                        591
 
	
                        main responsible for the navigation thereof at all times.
 	  
 	
                        592
 
	
                        (b) Watchmen: The cost of compulsory shore gangway watchmen shall be
 	  
 	
                        593
 
	
                        borne equally between the Owners and the Charterers throughout the cur-
 	  
 	
                        594
 
	
                        rency of this Charter Party.
 	  
 	
                        595
 
	
                        (c) Stowaways: Any costs incurred in respect of stowaways shall be for the
 	  
 	
                        596
 
	
                        Owners’ account, unless it can be established that the means by which the
 	  
 	
                        597
 
	
                        stowaway gained access to the Vessel was by secreting away in the Char-
 	  
 	
                        598
 
	
                        terers’ goods and containers prior to loading, in which case all such costs
 	  
 	
                        599
 
	
                        shall be for the Charterers’ account.
 	  
 	
                        600
 
	
                        (d) On / Off Hire Surveys: Joint on and off hire surveys shall be conducted by
 	  
 	
                        601
 
	
                        mutually acceptable surveyors at the Places of Delivery and Redelivery, res-
 	  
 	
                        602
 
	
                        pectively. The on hire survey shall be conducted in the Owners’ time unless
 	  
 	
                        603
 
	
                        the Vessel has commenced loading. The off hire survey shall be conducted
 	  
 	
                        604
 
	
                        in the Charterers’ time.
 	  
 	
                        605
 
	
                        Both surveys shall cover condition of the Vessel and amounts of fuel on
 	  
 	
                        606
 
	
                        board and the Owners shall procure that the Master, Chief Engineer, Offic-
 	  
 	
                        607
 
	
                        ers and crew shall co-operate with the surveyors in conducting such sur-
 	  
 	
                        608
 
	
                        veys.
 	  
 	
                        609
 
	
                        (e) Sub-Contractors: In this Charter Party the term “sub-contractor” shall in-
 	  
 	
                        610
 
	
                        clude sub-contractors and their respective servants, agents and sub-con-
 	  
 	
                        611
 
	
                        tractors.
 	  
 	
                        612
 
	
                         
 	  
 	
                         
 
	
                        16. Charterers’ Responsibilities/Liabilities
 	  
 	
                        613
 
	
                        (a) Charterers’ Responsibilities: Except as elsewhere provided in this Char-
 	  
 	
                        614
 
	
                        ter Party and without prejudice to the Charterers’ right to initiate recovery
 	  
 	
                        615
 
	
                        against the Owners under Clause 17, the Charterers shall be responsible for
 	  
 	
                        616
 
	
                        all claims in respect of any liability or expense whatsoever or howsoever
 	  
 	
                        617
 
	
                        arising in connection with the goods and containers carried pursuant to this
 	  
 	
                        618
 
	
                        Charter Party or their carriage (even if such liability arises wholly or in part
 	  
 	
                        619
 
	
                        by reason of the act, neglect or default of the Owners or of such servant,
 	  
 	
                        620
 
	
                        agent or sub-contractor).
 	  
 	
                        621
 
	
                        (b) Claims Handling: If any such claim or allegation as described in Clause
 	  
 	
                        622
 
	
                        16(a) shall be made against the Owners or against any vessel owned by any
 	  
 	
                        623
 
	
                        of them, the Charterers will:-
 	  
 	
                        624
 
	
                        (i) take over the conduct and defence of such claim or allegation and
 	  
 	
                        625
 
	
                        settle same at their own expense obtaining, where appropriate, relea-
 	  
 	
                        626
 
	
                        ses in joint names or, should the Owners so request,
 	  
 	
                        627
 
	
                        (ii) put the Owners in funds to meet legal fees, witness and third party ex-
 	  
 	
                        628
 
	
                        penses and settlement funds, excluding the Owners’ own office expen-
 	  
 	
                        629
 
	
                        ses, to deal with such claim or allegation themselves.
 	  
 	
                        630
 
	
                        (c) General Indemnity: If in spite of Clause 16(a) any claims as therein des-
 	  
 	
                        631
 
	
                        cribed are nevertheless made, the Charterers shall indemnify the Owners
 	  
 	
                        632
 
	
                        and such servant, agent or sub-contractor against all consequences what-
 	  
 	
                        633
 
	
                        soever thereof, without prejudice to the Charterers’ right subsequently to
 	  
 	
                        634
 
	
                        initiate action against the Owners.
 	  
 	
                        635
 
	
                        (d) Fines etc.. Indemnity: The Charterers shall indemnify the Owners against
 	  
 	
                        636
 
	
                        any expenses, fines, liabilities, losses, damages, claims or demands which
 	  
 	
                        637
 
	
                        the Owners may incur or suffer by reason of any failure of the goods or con-
 	  
 	
                        638
 
	
                        tainers or the documentation relating thereto to comply with any relevant
 	  
 	
                        639
 
	
                        laws, regulations, directions or notices of customs, port and other authori-
 	  
 	
                        640
 
	
                        ties, or by reasons of any infestation, contamination or condemnation of
 	  
 	
                        641
 
	
                        goods or containers or infestation, damage or contamination of the Vessel
 	  
 	
                        642
 
	
                        by the Charterers’ goods or containers.
 	  
 	
                        643
 
	
                        (e) Time Limit: The Charterers shall be discharged from all liability under
 	  
 	
                        644
 
	
                        this Charter Party unless notice of arbitration in accordance with Clause 20
 	  
 	
                        645
 
	
                        is given within 15 months of redelivery.
 	  
 	
                        646
 
	
                        (f) Agency: Without prejudice to sub-clause 16 (a) the Owners authorise and
 	  
 	
                        647
 
	
                        empower the Charterers to act as the Owners’ agents and/or trustees to sti-
 	  
 	
                        648
 
	
                        pulate for the Owners to have as against other persons the benefit of any im-
 	  
 	
                        649
 
	
                        munities, exemptions or liberties regarding the goods and containers the
 	  
 	
                        650
 
	
                        subject of this Charter Party or their carriage but the Charterers shall have
 	  
 	
                        651
 
	
                        no authority to make any contracts imposing any obligations upon the Ow-
 	  
 	
                        652
 




  
	ners in connection with the goods and containers or their carriage.
	 
	653

	(g) General Average Exclusion: Nothing in this Clause 16 shall apply to pre-
	 
	654

	clude any claim made by the owners of any property on board the Vessel for
	 
	655

	general average contribution in accordance with the York-Antwerp Rules
	 
	656

	1974 or any amendment thereto.
	 
	657

	(h) Claims Authority: The Charterers shall make no payment in excess of the
	 
	658

	amount as stated in Box 32 in settlement of a claim for which they intend to
	 
	659

	seek recovery from the Owners without prior consultation with the Owners.
	 
	660

	The Owners authorise the Charterers to grant extensions of time in respect
	 
	661

	of such claims provided the Charterers give the Owners immediate notice
	 
	662

	thereof.
	 
	663

	 
	 
	 

	17. Owners’ Responsibilities/Liabilities
	 
	664

	Except as elsewhere provided in this Charter Party, the responsibilities and
	 
	665

	liabilities of the Owners shall be as follows:
	 
	666

	(a) For Goods and Containers: The Owners shall be liable for loss, damage
	 
	667

	or expense in respect of goods and containers arising or resulting from:-
	 
	668

	(i) lack of due diligence on their part before and at the beginning of each
	 
	669

	voyage to make the Vessel seaworthy and to properly man, equip and
	 
	670

	supply it and make all parts of the Vessel in which goods and contain-
	 
	671

	ers are carried fit and safe for their reception, carriage and preserva-
	 
	672

	tion, unless the Charterers consent to load containers in parts of the
	 
	673

	Vessel which the Master considers to be unfit, in which case the Char-
	 
	674

	terers shall indemnify the Owners.
	 
	675

	(ii) failure on their part properly and carefully to carry, keep and care for
	 
	676

	the goods and containers while on board, or
	 
	677

	(iii) unreasonable deviation from the voyage ordered or approved by the
	 
	678

	Charterers.
	 
	679

	(b) For Refrigerated Goods: In respect of blown-air containers, the Owners
	 
	680

	shall be responsible only to maintain the supply of air at the required tempe-
	 
	681

	rature to the containers, provided proper instructions are given to the Mas-
	 
	682

	ter by the Charterers and the containers are presented at the carriage tem-
	 
	683

	peratures.
	 
	684

	In respect of integral refrigerated containers or blown-air containers with a
	 
	685

	marine refrigeration clip-on unit attached or any containers with any ma-
	 
	686

	chinery for temperature/atmosphere control containing goods, the Owners
	 
	687

	shall be responsible for the provision of electrical power only. The Owners
	 
	688

	shall endeavour to monitor and record the performance of all such units
	 
	689

	whilst on board in accordance with the Charterers’ instructions and to re-
	 
	690

	pair and rectify any breakdown, fault or deficiency which may occur in res-
	 
	691

	pect of such units, using the resources on board the Vessel. If repair works
	 
	692

	are performed, all additional expenses incurred by the Owners, including
	 
	693

	spare parts, shall be for the account of the Charterers and the Vessel’s crew
	 
	694

	shall always be considered the Charterers servants. The man hours spent on
	 
	695

	repairing Charterers’ refrigerated containers to be renumerated at USD
	 
	 

	15.00 per man hour. If such resources are
	 
	 

	insufficient, the Owners shall immediately notify the Charterers so they may
	 
	696

	take action to obtain any required spares or specialised repair facilities.
	 
	697

	Except as provided above, the Owners shall not be liable for malfunctioning
	 
	698

	of integral refrigerated containers and power packs put on board by the
	 
	699

	Charterers.
	 
	700

	The Owners shall be entitled to reject and require the Charterers to dis-
	 
	701

	charge any container loaded at a temperature not within the required carri-
	 
	702

	age temperature range. If, at the Charterers’ request, the Owners consent to
	 
	703

	receive and carry such container(s), the Charterers shall indemnify the Ow-
	 
	704

	ners against all consequences thereof.
	 
	705

	(c) Limitation of Liability: The liability of the Owners to the Charterers for
	 
	706

	loss, damage or expense in respect of goods and containers as herein pro-
	 
	707

	vided shall be limited as follows:
	 
	708

	(i) In respect of goods liability shall be on the same basis as applicable
	 
	709

	under mandatory law between the Charterers and a third party by rea-
	 
	710

	son of the Charterers having issued a bill of lading or similar contract of
	 
	711

	carriage, provided that such Bill of Lading contains no declaration of
	 
	712

	value. Where no mandatory law so applies, liability shall be limited to
	 
	713

	GB Pounds 100 per package.
	 
	714

	(ii) In respect of containers, liability shall be the reasonable cost of repair
	 
	715

	or the value of the container at the time of such loss or damage, which-
	 
	716

	ever is the lesser. The value of a leased container is the value stated in
	 
	717

	the lease agreement and for an owned container it is its market value.
	 
	718

	For the purpose of this Charter Party containers not owned or leased
	 
	719

	by the Charterers shall be regarded as goods for liability purposes.
	 
	720

	(d) Time Limit: Except as provided in Clause 16(h), the Owners shall be dis-
	 
	721

	charged from all liability under this Charter Party in respect of claims for
	 
	722

	which extensions of time have not been sought and obtained by the Charter-
	 
	723

	ers unless notice of arbitration in accordance with Clause 20 is given within
	 
	724

	15 months of the delivery of goods, if the claim relates to goods, or the date
	 
	725

	 
	 
	 









This document is a computer generated BOXTIME form printed by authority of BIMCO.  Any insertion or deletion to the form must be clearly visible.  In the event of any modification made to the pre-printed text of this document which is not clearly visible, the text of the original BIMCO approved document shall apply.  BIMCO assumes no responsibility for any loss, damage or expense as a result of discrepancies between the original BIMCO approved document and this computer generated document. 

 

 








 








PART II
 “BOXTIME” Charter Party

 


	
                        when the Charterers become aware of the incident giving rise to the claim
 	
                         
 	
                        726
 
	
                        for all other claims.
 	
                         
 	
                        727
 
	
                        (e) For Personal Injury: The Owners shall indemnify the Charterers against
 	
                         
 	
                        728
 
	
                        any claims for personal injury incurred on or about the Vessel unless
 	
                         
 	
                        729
 
	
                        caused by the negligence of the Charterers, their servants, agents or sub-
 	
                         
 	
                        730
 
	
                        contractors or any defect in the Charterers’ goods and/or containers.
 	
                         
 	
                        731
 
	
                        (f) Limitation Proceedings: The Owners shall have the control and conduct of
 	
                         
 	
                        732
 
	
                        any limitation proceedings on the joint behalf of the Owners and the Char-
 	
                         
 	
                        733
 
	
                        terers. If successful, any unrecovered costs of such proceedings shall be
 	
                         
 	
                        734
 
	
                        borne equally between the Owners and the Charterers. If unsuccessful, the
 	
                         
 	
                        735
 
	
                        costs shall be borne by the party responsible under the terms of this Charter
 	
                         
 	
                        736
 
	
                        Party for the factor which caused the proceedings to fail. If more than one
 	
                         
 	
                        737
 
	
                        factor contributed and the Owners and the Charterers were each respons-
 	
                         
 	
                        738
 
	
                        ible for at least one factor the costs shall be borne equally.
 	
                         
 	
                        739
 
	
                        (g) Consequential Loss: Under no circumstances shall the Owners be res-
 	
                         
 	
                        740
 
	
                        ponsible for any indirect or consequential loss arising from loss, damage or
 	
                         
 	
                        741
 
	
                        delay to goods and containers, howsoever caused.
 	
                         
 	
                        742
 
	
                         
 	
                         
 	
                         
 
	
                        18. Insurances
 	
                         
 	
                        743
 
	
                        (a) Hull and Machinery: The Owners warrant that the Vessel is insured under
 	
                         
 	
                        744
 
	
                        Institute Time Clauses or similar clauses for IWL trading against loss, dam-
 	
                         
 	
                        745
 
	
                        age and collision liabilities for the value as indicated in Box 27 which cover
 	
                         
 	
                        746
 
	
                        will be maintained throughout the currency of this Charter Party. Upon 10
 	
                         
 	
                        747
 
	
                        days notice to the Charterers, the Owners shall be entitled to effect any rea-
 	
                         
 	
                        748
 
	
                        sonable change to this value. The Owners agree that their insured value for
 	
                         
 	
                        749
 
	
                        the purpose of this Clause shall represent the Charterers maximum liability
 	
                         
 	
                        750
 
	
                        to the Owners for damage to the Vessel in accordance with Clause 6 (I), in-
 	
                         
 	
                        751
 
	
                        cluding time spent on repairs.
 	
                         
 	
                        752
 
	
                        (b) Protection and Indemnity (P & I): The Owners and the Charterers warrant
 	
                         
 	
                        753
 
	
                        that the Vessel is entered on full terms with their respective P & I Clubs as in-
 	
                         
 	
                        754
 
	
                        dicated in Boxes 30 and 31 and that such entries will be maintained with all
 	
                         
 	
                        755
 
	
                        calls paid up to date throughout the currency of this Charter Party.
 	
                         
 	
                        756
 
	
                        (c) War Risks: The Owners warrant that the Vessel is insured against loss of
 	
                         
 	
                        757
 
	
                        the Vessel by War Risks and War P & I Risks for IWL trading excluding addi-
 	
                         
 	
                        758
 
	
                        tional premium/restricted/prohibited areas, which cover will be maintained
 	
                         
 	
                        759
 
	
                        throughout the currency of this Charter Party. Extra war risk insurance, if any,
 	
                         
 	
                        760
 
	
                        to be for the Charterers’ expense. Owners always to consult Charterers
 	
                         
 	
                         
 
	
                        regarding extra war risk insurance.
 	
                         
 	
                         
 
	
                         
 	
                         
 	
                         
 
	
                        19. War CONWARTIME 2004 to apply (see clause 26)
 	
                         
 	
                        761
 
	
                        (a) Unless the consent of the Owners be first obtained, the Vessel shall not
 	
                         
 	
                        762
 
	
                        be ordered to nor obliged to:-
 	
                         
 	
                        763
 
	
                        (i) remain in or pass through any area which is dangerous or is likely to
 	
                         
 	
                        764
 
	
                        become dangerous as a result of war, hostilities, warlike action or pi-
 	
                         
 	
                        765
 
	
                        racy, actual or threatened, nor
 	
                         
 	
                        766
 
	
                        (ii) call at any port where there is any revolution, civil war, civil commotion
 	
                         
 	
                        767
 
	
                        or any threat thereof, nor
 	
                         
 	
                        768
 
	
                        (iii) carry any goods that may in any way expose her to any risk of seizure,
 	
                         
 	
                        769
 
	
                        capture or detention.
 	
                         
 	
                        770
 
	
                        (b) However, should the Owners consent to allowing the Vessel to proceed,
 	
                         
 	
                        771
 
	
                        notwithstanding the existence or threat of the danger(s) outlined in Clause
 	
                         
 	
                        772
 
	
                        19 (a), the Owners agree that the Vessel proceeds at their own risk in con-
 	
                         
 	
                        773
 
	
                        sideration of the Charterers agreeing that the Owners may effect the follow-
 	
                         
 	
                        774
 
	
                        ing insurances for which the Charterers will reimburse the Owners the net
 	
                         
 	
                        775
 
	
                        cost of premium/calls therefor: (See Clause 6 (n))
 	
                         
 	
                        776
 
	
                        (i) Reinstatement of the War Risks cover on Hull and P & I for trading to the
 	
                         
 	
                        777
 
	
                        required area.
 	
                         
 	
                        778
 
	
                        (ii) Any further additional premia necessary to maintain Hull cover whilst
 	
                         
 	
                        779
 
	
                        blocked or trapped pending release of the Vessel, acceptance of con-
 	
                         
 	
                        780
 
	
                        structive total loss by insurers or trapped for 365 consecutive days,
						whichever shall first occur
 	
                         
 	
                        781
782
 
	
                        (iii) Insurance of hire on the Vessel for not exceeding 365 days.
 	
                         
 	
                        783
 
	
                        (c) In the event of the wages of the Master, Officers and/or crew and/or other
 	
                         
 	
                        784
 




	of the Vessel’s operating expenses are affected by any of the factors men-
	 
	785

	tioned in (a) above, the amount of any increase shall be added to the hire
	 
	786

	due upon production of the Owners’ account therefor together with appro-
	 
	787

	priate receipts and paid by the Charterers to the Owners with the next hire
	 
	788

	payment.
	 
	789

	(d) The Vessel shall have the liberty to comply with any orders or directions
	 
	790

	of whatsoever nature given by the government of the nation where the Ow-
	 
	791

	ners are domiciled or whose flag the Vessel flies or any other government or
	 
	792

	person or body acting, or purporting to act, with the authority of such gov-
	 
	793

	ernment or by any party having, under the terms of the war risk insurance on
	 
	794

	the Vessel, the right to give such orders or directions.
	 
	795

	(e) In the event of the outbreak of war, whether there be a declaration of war
	 
	796

	or not, between any two or more of the following countries or involving the
	 
	797

	nation where the Owners are domiciled or whoso flag the Vessel flies:-
	 
	798

	People’s Republic of China, France, Federal Republic of Germany, United
	 
	799

	States of America, United Kingdom, Union of Soviet Socialist Republics,
	 
	800

	either the Owners or the Charterers may cancel this Charter Party and, un-
	 
	801

	less otherwise agreed, the Vessel shall be redelivered to the Owners at the
	 
	802

	port of destination or, if debarred under this Clause from reaching or enter-
	 
	803

	ing it, at a near open and safe port at the Owners’ option after discharge of
	 
	804

	any goods and containers on board.
	 
	805

	(f) If in compliance with the provisions of this Clause anything is done or is
	 
	806

	not done, such shall not be deemed a deviation.
	 
	807

	 
	 
	 

	20. Law and Arbitration See clause 27
	 
	808

	   *) (a) London: This Charter Party shall be governed by English law and any dis-
	 
	809

	pute arising out of this Charter Party shall be referred to arbitration in Lon-
	 
	810

	don, one arbitrator being appointed by each party, in accordance with the
	 
	811

	Arbitration Acts 1950 and 1979 or any statutory modification or re-enact-
	 
	812

	ment thereof for the time being in force. On the receipt by one party of the
	 
	813

	nomination in writing of the other party’s arbitrator, that party shall appoint
	 
	814

	their arbitrator within fourteen days, failing which the decision of the single
	 
	815

	Arbitrator appointed shall apply. If two Arbitrators properly appointed shall
	 
	816

	not agree they shall appoint an umpire whose decision shall be final.
	 
	817

	   *) (b) New York: Should any dispute arise out of this Charter Party, the matter in
	 
	818

	dispute shall be referred to three persons in New York, one to be appointed
	 
	819

	by each of the parties hereto, and the third by the two so chosen; their deci-
	 
	820

	sion or that of any two of them shall be final, and for the purpose of enforcing
	 
	821

	any award, this agreement may be made a rule of the Court. The arbitrators
	 
	822

	shall be members of the Society of Maritime Arbitrators, Inc. of New York
	 
	823

	and the proceedings shall be conducted in accordance with the rules of the
	 
	824

	Society.
	 
	825

	   *) (c) Alternative: Any dispute arising out of this Charter Party shall be referred
	 
	826

	to arbitration at the place indicated in Box 34, subject to the law and proce-
	 
	827

	dures applicable there.
	 
	828

	If Box 34 in PART I is not filled in, sub clause (a) of this Clause shall apply.
	 
	829

	*) (a), (b) and (c) are alternatives; indicate alternative agreed in Box 34.
	 
	830

	 
	 
	 

	21. Commission
	 
	831

	The Owners shall pay a commission at the rate stated in Box 35 to the party
	 
	832

	mentioned in Box 35 on any hire paid under this Charter Party but in no case
	 
	833

	less than is necessary to cover the actual expenses of the Brokers. If the full
	 
	834

	hire is not paid owing to breach of Charter Party by either of the parties the
	 
	835

	party liable therefor shall indemnify the Brokers against their loss of com-
	 
	836

	mission.
	 
	837

	Should the parties agree to cancel this Charter Party, the Owners shall in-
	 
	838

	demnify the Brokers against any loss of commission but in such case the
	 
	839

	commission shall not exceed the brokerage on one year’s hire.
	 
	840

	22. Notices
	 
	841

	Any notice to the Owners shall be sent to the address as indicated in Box 3.
	 
	842

	Any notice to the Charterers shall be sent to the address as indicated in
	 
	843

	Box 4.
	 
	844












This document is a computer generated BOXTIME form printed by authority of BIMCO. Any insertion or deletion to the form must be clearly visible. In the event of any modification made to the pre-printed text of this document which is not clearly visible, the text of the original BIMCO approved document shall apply. BIMCO assumes no responsibility for any loss, damage or expense as a result of discrepancies between the original BIMCO approved document and this computer generated document.

 

 


















Clause 4

Permitted cargoes:

Except as provided below, the Vessel shall be used for the carriage of goods in ISO standard containers complying with the International Convention for Safe Containers. 


	
                        a)
 	
                        Uncontainerized Goods:
 




Uncontainerized goods may be carried only with the prior consent of the Owners and the Master provided that they are suitably prepared for carriage.


	
                        b)
 	
                        Hazardous Goods:
 




The Owners agree that the Charterers may carry the maximum quantity as indicated in Box 26 of hazardous goods in containers, provided same are loaded, stowed, discharged, carried and documented in accordance with IMO regulations, any mandatory local requirements and regulations of the flag state, and the Vessel’ s certificates.

Any special equipment and/or modification required by IMO/port or local rules and regulations or authorities to be provided and paid for by Charterers.


	
                        c)
 	
                        Live Animals:
 




Live animals may not be carried.


	
                        d)
 	
                        Radioactive Goods:
 




Radioactive goods other than Radioactive Isotopes shall be excluded. Radioactive Isotopes may be carried only with the prior consent of the Owners and the Master and provided that they are of such a category as not to invalidate the Vessel’s Protection and Indemnity coverage and that they are in accordance with the Vessel’s certificates.


	
                        e)
 	
                        Arms and Ammunition:
 




Arms and ammunition may be carried only after receiving prior approval of the Owners and governmental and other relevant authorities whose approval shall not be unreasonably withheld by the Owners.


	
                        f)
 	
                        Wet Hides: 
 




Wet hides are allowed at Charterers’ request subject to the following procedure being followed: 1) providing pre-loading survey, 2) presenting packing/stuffing in accordance with previously-provided pictures and 3) providing shipment on deck in watertight containers only. Shipment is always subject to the Owners’ reconfirmation prior to loading. Charterers to indemnify and hold Owners harmless of any liabilities, losses, damages, charges, fines and expenses arising from the particularities of such cargo.


	
                        g)
 	
                        Cotton: 
 




Loading up to 4,000 mtons of containerised raw cotton in bales, class IMO 4.1, is allowed subject to the Master’s prior approval. Charterers shall ensure that all such cargo is loaded, stowed and segregated in accordance with IMO and IMDG recommendations.


	
                        h)
 	
                        Other:
 




Additional cargoes excluded are chemical waste and chemical toxic waste of any nature, and cargoes that are radioactive contaminated.

Clause 23

 

 








Redelivery notices:

Charterers to give 60/21/15/10/7/5 days approximate and 3/2/1 notices of redelivery. Charterers also to keep Owners closely advised of the Vessel’s itinerary and to inform Owners as soon as possible of any change in the itinerary or expected time of redelivery.

Clause 24

Owners’ Expenses / Cash Advances: 

Owners have the option of instructing Charterers’ agents to undertake normal husbandry on Owners’ behalf without additional charge. For exceptional expenses such as crew change and drydocking, Owners shall appoint their own agents or Charterers’ agents directly and pay agency fee.

For Owners’ expenses under normal husbandry, in addition to cash advances to the Master, Owners to pay a commission of 2.5% on Owners’ expenses and cash advances either to Charterers or to their agents directly. Charterers have the right to deduct from hire Owners’ expenses and cash advances duly covered by vouchers, an original of which to be kept in the local agency for a period as required under local law.

Clause 25

Agents:

Charterers agree that their agents will undertake, without charge, normal ship’s husbandry as the Owners’ agents. In case of repairs (except those for which Charterers are liable), crew’s hospitalisation or embarkation/repatriation and other Owners’ matters handled by Charterers’ agents, Owners to pay normal additional handling fee, if any, in accordance with local tariffs plus expenses incurred. The Owners always to appoint their own agents for major repairs, dry-docking and General Average.

Clause 26

War Risks Clause for Time Charters, 2004 (Code Name: CONWARTIME 2004)

(a)  For the purpose of this Clause, the words: 

(i)  “Owners” shall include the shipowners, bareboat charterers, disponent owners, managers or other operators who are charged with the management of the Vessel, and the Master; and

(ii)  “War Risks” shall include any actual, threatened or reported:

war; act of war; civil war; hostilities; revolution; rebellion; civil commotion; warlike operations; laying of mines; acts of piracy; acts of terrorists; acts of hostility or malicious damage; blockades (whether imposed against all vessels or imposed selectively against vessels of certain flags or ownership, or against certain cargoes or crews or otherwise howsoever); by any person, body, terrorist or political group, or the Government of any state whatsoever, which, in the reasonable judgement of the Master and/or the Owners, may be dangerous or are likely to be or to become dangerous to the Vessel, her cargo, crew or other persons on board the Vessel. 

(b)  The Vessel, unless the written consent of the Owners be first obtained, shall not be ordered to or required to continue to or through, any port, place, area or zone (whether of land or sea), or any waterway or canal, where it appears that the Vessel, her cargo, crew or other persons on board the Vessel, in the reasonable judgement of the Master and/or the Owners, may be, or are likely to be, exposed to War Risks. Should the Vessel be within any such place as aforesaid, which only becomes dangerous, or is likely to be or to become dangerous, after her entry into it, she shall be at liberty to leave it. 

(c)  The Vessel shall not be required to load contraband cargo, or to pass through any blockade, whether such blockade be imposed on all vessels, or is imposed selectively in any way whatsoever against vessels of certain flags or ownership, or against certain cargoes or

 

 

2

 








 crews or otherwise howsoever, or to proceed to an area where she shall be subject, or is likely to be subject to a belligerent’s right of search and/or confiscation. 

(d)  (i)  The Owners may effect war risks insurance in respect of the Hull and Machinery of the Vessel and their other interests (including, but not limited to, loss of earnings and detention, the crew and their Protection and Indemnity Risks), and the premiums and/or calls therefor shall be for their account.

(ii)  If the Underwriters of such insurance should require payment of premiums and/or calls because, pursuant to the Charterers’ orders, the Vessel is within, or is due to enter and remain within, or pass through any area or areas which are specified by such Underwriters as being subject to additional premiums because of War Risks, then the actual premiums and/or calls paid shall be reimbursed by the Charterers to the Owners at the same time as the next payment of hire is due, or upon redelivery, whichever occurs first. 

(e)  If the Owners become liable under the terms of employment to pay to the crew any bonus or additional wages in respect of sailing into an area which is dangerous in the manner defined by the said terms, then the actual bonus or additional wages paid shall be reimbursed to the Owners by the Charterers at the same time as the next payment of hire is due, or upon redelivery, whichever occurs first. 

(f)  The Vessel shall have liberty:

(i)  to comply with all orders, directions, recommendations or advice as to departure, arrival, routes, sailing in convoy, ports of call, stoppages, destinations, discharge of cargo, delivery, or in any other way whatsoever, which are given by the Government of the Nation under whose flag the Vessel sails, or other Government to whose laws the Owners are subject, or any other Government, body or group whatsoever acting with the power to compel compliance with their orders or directions;

(ii)  to comply with the order, directions or recommendations of any war risks underwriters who have the authority to give the same under the terms of the war risks insurance;

(iii) to comply with the terms of any resolution of the Security Council of the United Nations, the effective orders of any other Supranational body which has the right to issue and give the same, and with national laws aimed at enforcing the same to which the Owners are subject, and to obey the orders and directions of those who are charged with their enforcement;

(iv)  to discharge at any other port any cargo or part thereof which may render the Vessel liable to confiscation as a contraband carrier;

(v)  to call at any other port to change the crew or any part thereof or other persons on board the Vessel when there is reason to believe that they may be subject to internment, imprisonment or other sanctions. 

(g)  If in accordance with their rights under the foregoing provisions of this Clause, the Owners shall refuse to proceed to the loading or discharging ports, or any one or more of them, they shall immediately inform the Charterers. No cargo shall be discharged at any alternative port without first giving the Charterers notice of the Owners’ intention to do so and requesting them to nominate a safe port for such discharge. Failing such nomination by the Charterers within 48 hours of the receipt of such notice and request, the Owners may discharge the cargo at any safe port of their own choice.

(h)  If in compliance with any of the provisions of sub-clauses (b) to (g) of this Clause anything is done or not done, such shall not be deemed a deviation, but shall be considered as due fulfilment of this Charter Party. 

Clause 27

Law and Jurisdiction: This Charter Party shall be governed by and construed in accordance with English law, and any dispute arising out of or in connection with this Charter Party shall be referred to arbitration in London in accordance with the Arbitration Act 1996 or any

 

 

3

 








statutory modification or re-enactment thereof save to the extent necessary to give effect to the provisions of this Clause. 

The arbitration shall be conducted in accordance with the London Maritime Arbitrators Association (LMAA) Terms current at the time when the arbitration proceedings are commenced. 

The reference shall be to three arbitrators. A party wishing to refer a dispute to arbitration shall appoint its arbitrator and send notice of such appointment in writing to the other party requiring the other party to appoint its own arbitrator within 14 calendar days of that notice and stating that it will appoint its arbitrator as sole arbitrator unless the other party appoints its own arbitrator and gives notice that it has done so within the 14 days specified. If the other party does not appoint its own arbitrator and give notice that it has done so within the 14 days specified, the party referring a dispute to arbitration may, by giving 7 calendar days notice, appoint its arbitrator as sole arbitrator and shall advise the other party accordingly. The award of a sole arbitrator shall be binding on both parties as if he had been appointed by agreement.

Nothing herein shall prevent the parties agreeing in writing to vary these provisions to provide for the appointment of a sole arbitrator. 

In cases where neither the claim nor any counterclaim exceeds the sum of USD 50,000 (or such other sum as the parties may agree) the arbitration shall be conducted in accordance with the LMAA Small Claims Procedure current at the time when the arbitration proceedings are commenced. 

Notwithstanding the above, the parties may agree at any time to refer to mediation any difference and/or dispute arising out of or in connection with this Charter Party. 

In the case of a dispute in respect of which arbitration has been commenced under the above, the following shall apply:

(i) Either party may at any time and from time to time elect to refer the dispute or part of the dispute to mediation by service on the other party of a written notice (the “Mediation Notice”) calling on the other party to agree to mediation. 

(ii) The other party shall thereupon within 14 calendar days of receipt of the Mediation Notice confirm that they agree to mediation, in which case the parties shall thereafter agree a mediator within a further 14 calendar days, failing which on the application of either party a mediator will be appointed promptly by the Arbitration Tribunal (“the Tribunal”) or such person as the Tribunal may designate for that purpose. The mediation shall be conducted in such place and in accordance with such procedure and on such terms as the parties may agree or, in the event of disagreement, as may be set by the mediator. 

(iii) If the other party does not agree to mediate, that fact may be brought to the attention of the Tribunal and may be taken into account by the Tribunal when allocating the costs of the arbitration as between the parties. 

(iv) The mediation shall not affect the right of either party to seek such relief or take such steps as it considers necessary to protect its interest. 

(v) Either party may advise the Tribunal that they have agreed to mediation. The arbitration procedure shall continue during the conduct of the mediation but the Tribunal may take the mediation timetable into account when setting the timetable for steps in the arbitration. 

(vi) Unless otherwise agreed or specified in the mediation terms, each party shall bear its own costs incurred in the mediation and the parties shall share equally the mediator’s costs and expenses. 

(vii) The mediation process shall be without prejudice and confidential and no information or documents disclosed during it shall be revealed to the Tribunal except to the extent that they are disclosable under the law and procedure governing the arbitration. 

 

 

4

 








Clause 28

[DELETED]

Clause 29

Bimco Non-Lien Provision Clause:

Charterers will not suffer, nor permit to the continuation of any lien or encumbrance incurred by them or their agents which might have priority over the title and interest of the Owners in the Vessel. In no event shall Charterers procure, or permit the procurement, for the Vessel any supplies, necessaries or services without previously obtaining a statement signed by an authorised representative of the furnisher thereof, acknowledging that such supplies, necessaries or services are being furnished on the credit of the Charterers and not on the credit of the Vessel or of her Owners and that the furnisher claims no maritime lien on the Vessel therefor. 

Clause 30

Dangerous Cargo Clause:

Charterers are authorised to load up to a maximum 10% of the Vessel’s deadweight with dangerous cargo, at their risk and expense, provided the cargo is packed, labelled, stowed and handled in accordance with IMO/Port rules and regulations at the respective port of loading and discharging, and ports of call en route and according to Vessel’ s certificates. 

All cargoes to be loaded in containers only and Charterers to supply all necessary/required documents and the book called emergency procedures for carrying dangerous goods (EMS). Charterers or their agents shall duly inform and notify in writing the Master about the quantity and description of IMO cargo well in advance of loading. The Charterers’ failure to provide such notification shall make Charterers fully responsible for any consequences and costs, including the costs associated with restowage of cargo. 

Notwithstanding any provision whether written or printed contained in this Charter Party, it is agreed that nuclear fuels or radioactive waste or products and chemical toxic waste of any nature are specifically excluded from the cargo permitted to be loaded or carried under this Charter Party. 

This exclusion does not apply to Radioactive Isotopes used or intended to be used for any industrial, commercial, agricultural, medical or scientific purpose, provided Owners’ and the Master’s prior approval has been obtained to the loading thereof; and provided further that Charterers have placed and proven to Owners adequate insurance coverage for the Vessel and equipment for loss, damage, liability or expense directly or indirectly caused by or contributed  by or arising from ionising radiations from or contamination by radioactivity. However, such loading and carriage of cargo has to be in accordance with the Vessel’s certificates.

Clause 31

A. Bunker Quantity Determination Procedure for Vessel Staff: 

(a) General

Terms and conditions of all bunker suppliers include a clause which states that the quantity delivered shall be based upon measurement of barge tanks. They also state that the receivers of the bunkers are invited to witness barge measurements before and after the delivery to verify the quantity discharged to the Vessel. Should the receivers fail to witness and verify the bunkers, the supplier would not accept any claim for short delivery.

 

 

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We, the fuel purchasers, in some difficult ports appoint bunker surveyors to check barge measurements and take representative samples but at other times we must rely on the Vessel’s staff to perform the sampling and barge measurement. Where no bunker surveyor is appointed please follow the procedure set out below very carefully.

(b) Procedure

Before Delivery: Attend the barge to measure and record the soundings of all barge tanks, including any tank declared to be empty or not for delivery to the Vessel. Witness the taking of temperatures of fuel in all tanks and record temperatures. Check that the barge sounding table has an approval stamp and record date of approval and approving body. Witness and record volumes of fuel relating to the soundings for each tank. Ask the barge captain to sign your records. You should also take careful measurements of all the Vessel’s tanks before the delivery and calculate the contents of each tank and record all the figures.

After Delivery: Attend the barge and repeat the measurements of all barge tanks including temperatures and record these figures together with the final volumes from the barge sounding tables. Request the signature of the barge captain on the closing figures. Check all barge tanks and not only those used to supply your vessel. Also re-measure your own bunker tanks and calculate the amount of bunkers received. 

(c) Calculations and the Bunker Delivery Receipt

Using the density provided on the bunker receipt use petroleum tables to find the volume correction factor to convert volume, at observed temperature, to volume at standard temperature, which is usually 15C or 60F. Then, using the supplier’s density, calculate the weight discharged by the barge.

Compare the weight calculated by you with the standard volume and weight given on the bunker receipt. If the two figures are the same, you may provisionally accept the bunker receipt figures but wait until you have checked the Vessel’s tank figures before finally signing the bunker delivery receipt. There should be no disagreement regarding barge delivery calculations if you have agreed soundings and temperatures before and after the delivery.

You can follow the same process to calculate the amount of fuel received by the Vessel. Sometimes the barge calculations may not be the same as the Vessel figure. If such figure is within 0.5% the delivery is for 1000 tons and the difference between the barge and Vessel measurements is within 5 tons) you can accept this as measurement error.

You may then sign the bunker receipt “Signed for volume at observed temperature only.”  You should not sign for weight as that is dependent on the density advised by the supplier being correct.

If the difference between the barge figure and the Vessel received figure is abnormally large (where you know that on previous deliveries the Vessel’s figure was fairly close to the barge figure) you should revisit the barge and check all the measurements again, and check the contents of all barge tanks.

If you cannot find any problems with the barge figures and have re-checked your Vessel’s figures and are still convinced that you have a large shortage you should issue a letter of protest and advise the Vessel’s agent of the problem. 

In case of a large unresolved difference between the Vessel’s and barge’s figures, send copies of all your barge and Vessel measurements and calculations to the bunker purchaser for evaluation.

(d) Experience factor

For future reference always maintain a record, for each delivery, of tanks used to load the bunkers, amount loaded and difference between the barge’s and Vessel’s figures. This will be referred to as the “Vessel’s experience factor.” 

 

 

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B. Bunker Quality Control: 

(1) Charterers shall supply bunkers of a quality suitable for burning in the Vessel’s engines and auxiliaries and which conform to the specification(s) mutually agreed under this Charter Party.

(2) At the time of delivery of the Vessel, Owners shall place at the disposal of Charterers the bunker delivery note(s) and any samples relating to the fuels existing on board.

(3) During the currency of this Charter Party the Charterers shall ensure that the bunker delivery notes are presented to the Vessel on the delivery of fuel(s). It is the duty of the supplier and the Vessel’s staff to perform and witness representative sampling by automatic drip sampling equipment at a mutually agreed location as close as possible to the Vessel’s receiving manifold and to seal the samples. Owners shall submit a representative sample to a recognised fuel testing laboratory, and the cost of the analysis to be shared equally between Owners and Charterers. Both Owners and Charterers shall receive a copy of the test report. Test results on this sample shall provide conclusive evidence, provided that both the supplier and Owners accepted the sample as being representative on completion of the bunker delivery. 

(4) The fuel samples shall be retained by the Vessel in accordance with Marpol Annex VI for the Marpol sample and for 90 days for commercial samples after the date of delivery or for whatever period necessary in the case of a prior dispute.

(5) Owners reserve their right to make a claim against Charterers for any damage to the main engines or the auxiliaries caused by the use of unsuitable fuels or fuels not complying with the agreed specification(s). Additionally, if bunker fuels supplied do not conform to the mutually agreed specification(s) or otherwise prove unsuitable for burning either in the Vessel’s engines or auxiliaries, Owners shall not be held responsible for any reduction in the Vessel’s speed performance and/or increased bunker consumption nor for any time lost and any other consequences.

Clause 32

BIMCO double Banking Clause:

(a) The Charterers shall have the right, where and when it is customary and safe for vessels of similar size and type to do so, to order the Vessel to go, lie or remain alongside another vessel or vessels of any size or description whatsoever; or to order such vessels to come and remain alongside at such safe dock, wharf, anchorage or other place for transhipment, loading or discharging of cargo and/or bunkering.

(b) The Charterers shall pay for and provide such assistance and equipment as may be required to enable any of the operations mentioned in this Clause safely to be completed; and shall give the Owners such advance notice as they reasonably can of the details of any such operations.

(c) Without prejudice to the generality of the Charterers’ rights under (a) and (b), it is expressly agreed that the Master shall have the right to refuse to allow the Vessel to perform as provided in (a) and (b) if in his reasonable opinion it is not safe to do so.

(d) The Owners shall be entitled to insure any deductible under the Vessel’s hull policy and the Charterers shall reimburse the Owners any additional premium(s) required by the Vessel’s Underwriters and/or the cost of insuring any deductible under the Vessel’s hull policy.

 

 

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(e) The Charterers shall further indemnify the Owners for any costs, damages and liabilities resulting from such operation. The Vessel shall remain on hire for any time lost, including periods for repairs as a result of such operation.

Clause 33

Stowaways Clause for Time-Charterers:

(a) (i) The Charterers warrant to exercise due care and diligence in preventing stowaways in gaining access to the Vessel by means of secreting away in the goods and/or containers shipped by the Charterers. 

(ii) If, despite the exercise of due care and diligence by the Charterers, stowaways have gained access to the Vessel by means of secreting away in the goods and/or containers shipped by the Charterers, this shall amount to breach of charter for the consequences of which the Charterers shall be liable and shall hold the Owners harmless and shall keep them indemnified against all claims whatsoever which may arise and be made against them. Furthermore, all time lost and all expenses whatsoever and howsoever incurred, including fines, shall be for the Charterers’ account and the Vessel shall remain on hire. 

(iii) Should the Vessel be arrested as a result of the Charterers’ breach of charter according to sub-clause (a)(ii) above, the Charterers shall take all reasonable steps to secure that, within a reasonable time, the Vessel is released and at their expense put up bail to secure release of the Vessel.

(b) (i) If, despite the exercise of due care and diligence by the Owners, stowaways have gained access to the Vessel by means other than secreting away in the goods and/or containers shipped by the Charterers, all time lost and all expenses whatsoever and howsoever incurred, including fines, shall be for the Owners’ account and the Vessel shall be off hire. 

(ii) Should the Vessel be arrested as a result of stowaways having gained access to the Vessel by means other than secreting away in the goods and/or containers shipped by the Charterers, the Owners shall take all reasonable steps to secure that, within a reasonable time, the Vessel is released and at their expense put up bail to secure release of the Vessel.

Clause 34

Boycott Clause:

In the event of loss of time due to boycott of the Vessel by labour or authorities caused by the Vessel’s crew or by reason of the terms and conditions under which the members of the crew are employed or by the Vessel’s flag or by reason of any trading of any vessel under the same ownership, operation or control, hire shall cease from the time the Vessel is actually delayed and the cost resulting therefrom to be at the Owners’ expense.

Clause 35

General Paramount Clause, New Jason Clause and Both to Blame Collision Clause shall also form part of this Charter Party and are incorporated herein by reference.

Clause 36

Hague Rules:

A reference to the International Convention for the Unification of Certain Rules relating to Bills of Lading, dated Brussels, the 25th August, 1924 (the “Hague Rules”), or as amended by the protocol signed in Brussels on the 23rd February, 1968 (the “Hague Visby Rules”) to be inserted in all Bills of Lading issued hereunder.

 

 

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Clause 37

Hamburg Rules:

Neither the Charterers nor their agents shall permit the issue of any Bills of Lading or waybills, signed or not, on their behalf or on behalf of the Owners, voluntarily incorporating the Hamburg Rules or any legislation under which the Hamburg Rules are compulsorily applicable in respect of any contract of carriage under or during the period of this charter or any sub-charter. 

Charterers shall indemnify the Owners for all the loss and damages in the event that the Owners sustain a liability arising from the application of the Hamburg Rules in circumstances where those rules were not compulsory applicable and where the Owners would not otherwise have sustained a liability.

Should the Charterers direct the Vessel to countries where the Hamburg Rules are compulsorily applicable or otherwise cause the contract of carriage under Bills of Lading or waybills to be subject to The Hamburg Rules, and should the Owners thereby sustain a liability, then the Charterers shall indemnify the Owners only for all the loss and damage which the Owners would have sustained if the Hague or Hague Visby Rules had applied. 

Clause 38

Cargo inside Containers:

Securing of cargo inside containers and/or other unit loads shall be entirely Charterers’ concern and responsibility. 

Any damage to the vessel, her tackle, apparel, furniture or anything else resulting from insufficient securing of cargo within containers and/or other unit load shall be repaired at the Charterers’ expense and time.

Clause 39

Container/Cargo Weights:

Charterers or their Agents to provide the Master with the Shippers’ declared weights of containers, information of containers with special and/or dangerous cargo requiring special storage/attention as well as total number of containers and destination prior to commencement of loading operation each port. Charterers to be responsible for any damages, delays and expenses that arise in port or at sea from breach of this undertaking as well as from discrepancies between manifest and actual container weights.

Clause 40

Stevedore damages:

Charterers are not to be responsible for any damage caused to the Vessel or her fittings by stevedore unless:

1 – The Master has served immediately after the occurrence of damage or, at the latest, before leaving the port where the damage occurred, a written damage report to the responsible parties and has endeavoured to obtain their written acknowledgement of responsibility, except for hidden damages which to be reported as soon as discovered, provided that the crew has diligently inspected the Vessel no later than upon her redelivery. 

2 – The Master has remitted to Charterers’ agent a copy of this damage report before leaving the concerned port and used his best efforts to make this document signed / stamped by Charterers’ agents.

 

 

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3 – The Master has sent to Charterers at the email address chartering@cma-cgm.com, before leaving the concerned port, a copy of this damage report. If necessary, the Master shall endeavour to have a survey effected to define and estimate the damage (unless the damage is repaired on spot). Damage not affecting the Vessel’s seaworthiness and/or cargoworthiness, for which Charterers are liable, shall be repaired as soon as possible either before or after redelivery, but not later than the next drydock in Owners’ time, provided this does not interfere with Owners repair works, and/or by the Vessel’s crew. Any stevedore damages remaining unrepaired upon redelivery shall be listed in the redelivery certificate. Before concluding a repair contract for stevedore damages, Owners shall submit to Charterers for their approval a quotation for the repair cost from their contractor. If
such quotation is not acceptable to Charterers, they shall appoint a contractor of their choice for the repairs and settle same directly to Owners’ satisfaction. Alternatively, Owners and Charterers can agree with an amount for such damage, if necessary on the basis of a joint survey and payment of such amount to Owners, releasing Charterers from further responsibility for the corresponding damage. Damage affecting Vessel seaworthiness, cargoworthiness and/or class shall be repaired without any delay by Owners and/or Charterers at Charterers’ time and expenses prior to vessel’s departure from port of occurrence, and according to Classification Society’s recommendations, if applicable. 

Lashing Material:

The Vessel will be delivered with full set of lashing material to be maintained at all times during the period of this Charter Party. Charterers’ stevedore have the free use of all lashing gear and/or tackle that is on board the Vessel. The Master shall keep records of all Owners’ fittings/lashing materials rendered to Charterers. The Master and crew are responsible for safe custody of all fittings, except for damages or losses caused to the fittings and/or lashing materials by stevedore or Charterers’ servants during loading and/or discharging operations, wear and tear excepted. Same to be repaired and/or replaced by Owners at Charterers’ expenses, subject to Charterers’ prior approval, and substantiated with the vessel’s respective damage reports duly reported as per this Clause 40 “Stevedore Damages” as well as original invoices. 

Any equipment put on board by Charterers shall remain their property and to be well looked after and taken care of by the Vessel’s Officers and crew in the same manner as their own lashing material. Such equipment shall be redelivered to Charterers before redelivery.


Clause 41 

 

  Cargo Exclusions: 
   

  The Vessel shall be employed in carrying lawful merchandise excluding: nuclear fuel and waste, radioactive products, waste cargo, tar, concentrates, scrap, ferrosilicon, motor blocks and turnings, asphalt in bulk and leaking drums, pitch in bulk, bauxite, Indian coals, cement and cement clinkers in bulk, coal, charcoal, alumina, bulk clay, sodium sulphate in bulk, chrome ore, mineral sands, sponge iron in bulk, petroleum and its products, goods and/or cargoes that may involve seizure, capture or penalty by any rulers of Governments are specifically excluded from carriage on board this vessel.

  Livestock cargoes and bulk cargoes always to be excluded.

Unless carried in containers the following cargoes are always excluded:

 

 

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asphalt in drums, fishmeal, calcium carbide, sulphur, reduced iron ore, pellets, cement clinker, sodium sulphate, ammonium sulphate, calcium hydrochloride, bonemeal/bones, creosoted goods, resin in bulk, cotton turpentine, ferrosilicon, borax, seedcake, oil cakes, motor spirits, Chilean nitrate, copra and copra products, quick lime, salt/salt cake, pond coal, asbestos and naphta, soda ash, clay, soya bean meal/pellets, pyrite slurry coal, urea/technical urea, pollutants, logs, caustic soda.

Arms, ammunitions, blasting caps, black powder, dynamite, TNT and explosives must be in containers and subject to Owners’/Owners’ P & I Club’s prior consent. [See Clause 4]

Acids and other injurious, dangerous or inflammable cargoes may be carried up to a maximum of 10% of the Vessel’s deadweight, provided such cargoes are loaded in containers and stowed and trimmed and labelled and carried and discharged in accordance with IMO and local regulations and according to the Vessel’s certificates and to the Master’s satisfaction and within the limits of the Vessel’s equipment, any additional equipment necessary/required to be at the Charterers’ expense.

Calcium Hypochlorite Hydrated as well as Calcium Hypochlorite, shipped under any UN number (usually 2880, 1479, 1748 and 2208), can be accepted subject to the Owners’ prior approval. If approved, it shall be carried, loaded, stowed, segregated and documented in accordance with the IMDG code and the interim recommendations for its carriage issued by the international group of P&I clubs and same to be always carried in live reefer containers. 

Clause 42

House to House Bills of Lading:

The Charterers shall hold the Owners harmless from any additional expenses and/or damages to containers and/or cargo, if through or house-to-house bills of lading are signed if damages/additional expenses occur after actual discharge of containers/cargo from the Vessel. The Owners shall not appear as the carrier in the bills of lading.

Clause 43

Deck Cargo:

The Charterers are authorized to carry on deck at their own risk and expense, other than uncontainerised cargo, so long as the Vessel’s stability/construction/seaworthiness allows, which is determined at Master’s direction. All extra fittings required shall be supplied by the Charterers at their own expense. 

All bills of lading covering uncontainerised deck cargo other than containers shall be marked “shipped on deck at Charterers’ risk and without liability to owners for loss of or damage to cargo and/or vessel howsoever caused”. Furthermore, Charterers shall remain responsible for all damages caused to the Vessel and/or her fittings and will repair such damages immediately upon the Master’s request.

Clause 44

Inter Club Agreement:

The Cargo claims shall be settled in accordance with the New York Produce Exchange Inter Club Agreement 1996, as amended.

Clause 45

 

 

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Place of redelivery:

The Vessel shall be redelivered after dropping last outward sea pilot one safe port in Charterers’ option Far East / South East Asia, full Med, North Continent, including UK, US East Coast at any time, day or night, Sundays and holidays included.

Clause 46

Passengers:  The Owners have the option to carry passengers. Any related expenses incurred by the Charterers are at the Owners’ expense. The Owners undertake to indemnify the Charterers from all claims and consequential damages which may be claimed by passengers, and their heirs or assigns in respect of death, personal injury and/or loss of or damage to property during loading and discharging, embarking, transit and disembarking of passengers from the Vessel including passage during the Charterers’ terminal.

Should the Owners have passengers on board the Vessel, such passengers shall cause no delay to the Vessel, but should such delay occur, the Vessel shall be placed off hire and the Owners shall be liable for all direct and unavoidable losses arising from the delayed departure. The Charterers shall be entitled to order the Vessel to sail if the passenger is not on board at time of intended departure. 

The Charterers also have a right to book passengers aboard the Vessel. The Charterers shall pay the Owners USD80 per day. This amount is subject to review every three years.

Clause 47

Vessel’s description:

See Annex A

Clause 48

Export and/or import permits for the Charterers’ cargo to be at the Charterers’ risk and expense. The Charterers’ shall obtain and be responsible for all necessary permits to enter and/or trade in and out of all ports during the currency of this Charter Party at their own risk and expense. Taxation or levies, whatsoever for these purposes, shall be at the Charterers’ expense and to be paid by the Charterers. The Charterers shall remain responsible for arranging  the Standard Carrier Alpha Code (SCAC).

Clause 49

Periodical Drydocking

If required by the Classification Society or for maintenance works, the Owners have the right to take the Vessel out of service at a convenient time and place to be mutually agreed upon by the Owners and Charterers. The Owners shall endeavour to accommodate the Charterers’ requirements in determining the timing of such maintenance and the Charterers shall accommodate the Owners’ choice of location for maintenance or drydocking. While choosing the place for drydocking is the Owners’ choice, the Owners will try to have the drydocking arranged within the trading area or as close as possible to it.

The Charterers shall release the Vessel at the Charterers’ berth and/or dropping last outward sea pilot one good safe port as the case may be with bunkers as on board and in empty condition, but the Owners shall endeavour to drydock the Vessel with maximum possible cargo onboard provided selected yard facilities and/or repair maintenance access allows same.

 

 

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The Vessel shall be off hire from the time the Charterers release the Vessel at the Charterers’ berth and/or dropping last outward sea pilot, at any time, day or night, Sundays and holidays included, until the time at which the Vessel is returned, with bunkers on board but sufficient to reach nearest bunkering port, to the Charterers’ service at the place where she was released or equidistant any time day or night Sunday and holidays included.

Any bunkers consumed during the off hire to be at the Owners’ expense and reimbursed to the Charterers as per last paid prices duly supported with relevant vouchers.

The Owners shall give at least 2 months preliminary notice and 3 weeks final notice of possible place and date of drydocking.

Emergency Drydocking

In case an emergency drydocking is required, the Owners have the right to take the Vessel out of service at any time.

The Owner shall reimburse the Chartererers for any proven direct costs/expenses (cargo storage, transhipments, cargo discharging/reloading costs and other similar direct costs) that the Charterers incur in placing the Vessel at the Owners’ disposal in the required cargo condition to enter in drydock. In cases where the Owners and Charterers dispute as to whether such drydocking is caused by the Charterers and/or their agents or servants, the final responsibility for the costs and expenses to be either agreed upon by the Charterers and Owners or to be determined in arbitration. In case of general average the costs to be borne in accordance with the general average adjustment. The Charterers shall endeavour to reduce same to the minimum possible. Estimation of such costs shall be pre-advised by the Charterers to the extent possible. For all other matters such as off hire, bunkers and
re-positioning, the provisions of above sub-paragraph to apply.

Clause 50

The lashing/securing/unlashing/unsecuring of containers shall be performed by shore labour to the satisfaction of the Master and under the supervision of Officers and crew provided local port regulations permit, and subject to availability of crew, lashing/ unlashing/ securing/ unsecuring may be performed by Vessel’s crew as the Charterers’ servants, subject to the Master’s approval, which shall not be unreasonably withheld. In such case the Charterers shall pay USD2.50 per unit effectively lashed and USD2.50 per unit effectively unlashed. 

Exceptionally in certain ports in order to complete vessel without stevedores being available, some containers to be loaded by ship’s crew operating the cranes. Such work is carried out at Charterers’ risks and expenses, and crew to be considered as Charterers’ servants. Charterers to pay USD10 per container loaded respectively discharged by vessel’s crew directly to Owners.

Clause 51

All taxes and/or dues on the cargo and on freight arising out of cargoes carried or ports visited under this Charter Party shall be at the Charterers’ expense.

Clause 52 [Intentionally deleted]

Clause 53

Bunkering: 

The Vessel shall be delivered with bunkers as on board. The Charterers shall take over and pay together with first hire statement bunker quantities on delivery. The Vessel shall be

 

 

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redelivered with approximately the same bunker quantities as on delivery, but sufficient to reach main bunkering port. The Owners shall take over and the Charterers shall debit the Owners with the last sufficient hire statement(s) bunker quantities on redelivery. 

Prices for bunkers on delivery and redelivery respectively shall be based on the last paid price duly supported by vouchers for the relevant quantities.

Any minor differences between quantities the Charterers deducted as estimation with the last hire payment and the value for actual quantity of bunkers on redelivery to be settled together with the final hire statement.

Clause 54

Maritime lien clause:

In no event shall the Charterers permit any maritime lien and/or encumbrance on the Vessel due to their suppliers. Should the Vessel be seized, arrested or detained by one or more of the Charterers’ suppliers, the Charterers shall arrange immediately for removal of such seizure, arrest or detention and the Vessel shall remain on-hire during the pendency of such seizure, arrest or detention.

Clause 55

Sale clause:

The Charterers have a right of first refusal if the Owners should decide to sell the Vessel during or at the end of the charter period. Should the Charterers not exercise their rights, the Owners shall be entitled to sell the Vessel, subject to Charterers’ prior approval, which shall not be unreasonably withheld. It is understood that the Charterers will not accept the sale of the Vessel to new owners whose business or shareholding shall be detrimental or contrary to the Charterers’ interests. Notwithstanding anything herein to the contrary, this right of first refusal shall not apply if the Owners sell or transfer the Vessel to another wholly owned subsidiary of Global Ship Lease, Inc. Further, any such sale or transfer to a wholly owned subsidiary of Global Ship Lease, Inc. shall not constitute a violation of the terms of this Charter Party.

The Owners shall give the Charterers 60 days notice of any sale. The sale shall not delay the Vessel’s commercial operations/liner service in any way whatsoever.

Buyers shall assume all the Owners’ responsibilities, obligations, title, risk, interest and/or rights under the Charter Party for the balance period from the time the Vessel is placed into their ownership. The Owners shall undertake all obligations and/or liabilities of owners under the Charter Party which are outstanding for settlement on or before change of ownership and perform same in accordance with the Charter Party. The Charterers and the Owners shall endeavour to settle outstanding matters as soon as possible after the change of ownership.

Clause 56

Should the Vessel not be delivered by the date indicated in Box 20, the Charterers shall have the option of cancelling this Charter Party. The Charterers must declare their decision to cancel or take delivery of the Vessel within 48 hrs (Sundays, holidays excluded) after receiving notice that the Vessel will not be delivered by the date indicated in Box 20.

Clause 57

a ) Unclean redelivery:

The Vessel shall be redelivered with clean, dry, swept holds free of odour and any dunnage material from previous cargoes. Cleaning of holds in between cargoes is always the responsibility of the Charterers.

 

 

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b) Suez/ Panama Canal: 

Should the Suez/Panama Canal be included in the trading limits of the Vessel it is clearly understood that the Vessel is not fitted with any Suez Canal search light(s) and that, should the Charterers decide to transit any of these canals with the Vessel, they are to be responsible for the hire of such apparatus, as required by the Suez Canal authorities, and all expenses therefore to be borne by Charterers.

c) Bunker quality clause: 

Fuel shall be of merchantable quality and suitable for intended use.

The Owners shall use fuel oil bunker analysis of a recognised fuel testing laboratory for determining bunker quality.

Should any dispute arise as to the quality of bunkers supplied under this Charter Party, the Owners and the Charterers shall agree immediately on an independent surveying firm specialising in bunker analysis to attend the Vessel and analyse the bunker sample retained on board. If the analysis shows that the supply is out of specification, the Charterers shall arrange immediately for replacement of the bunkers. All time, costs, expenses, surveys to be at the Charterers’ expense. Should the analysis confirm the supply is within specification, all time, costs, expenses, surveys shall be at the Owners’ expense.

The Master/Chief Engineer shall be advised, in writing, of the specifications of bunkers to be supplied prior to the delivery of bunkers. If the declared specifications of bunkers to be supplied shall be other than those specified in this Clause then the Vessel shall to notify the Charterers, their local Agents and the bunker suppliers immediately in writing.

d ) Upon delivery an on hire survey, and upon redelivery an off hire survey, to be done by a surveyor approved by both parties and the cost shall be equally shared.

Clause 58

Communications/expenses/victualling: a lumpsum to be mutually agreed.

Clause 59

ISPS/MTSA CLAUSE FOR TIME CHARTER PARTIES 2005

(a)(i) The Owners shall comply with the requirements of the International Code for the Security of Ships and of Port Facilities and the relevant amendments to Chapter XI of SOLAS (ISPS Code) relating to the Vessel and “the Company” (as defined by the ISPS Code). If trading to or from the United States or passing through United States waters, the Owners shall also comply with the requirements of the US Maritime Transportation Security Act 2002 (MTSA) relating to the Vessel and the “Owner” (as defined by the MTSA). 

(ii) Upon request the Owners shall provide the Charterers with a copy of the relevant International Ship Security Certificate (or the Interim International Ship Security Certificate) and the full style contact details of the Company Security Officer (CSO).

(iii) Loss, damages, expense or delay (excluding consequential loss, damages, expense or delay) caused by failure on the part of the Owners or “the Company”/”Owner” to comply with the requirements of the ISPS Code/MTSA or this Clause shall be for the Owners’ account, except as otherwise provided in this Charter Party.

 

 

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(b)(i) The Charterers shall provide the Owners and the Master with their full style contact details and, upon request, any other information the Owners require to comply with the ISPS Code/MTSA. Where sub-letting is permitted under the terms of this Charter Party, the Charterers shall ensure that the contact details of all sub-charterers are likewise provided to the Owners and the Master. Furthermore, the Charterers shall ensure that all sub-charter parties they enter into during the period of this Charter Party contain the following provision:

“The Charterers shall provide the Owners with their full style contact details and, where sub-letting is permitted under the terms of the charter party, shall ensure that the contact details of all sub-charterers are likewise provided to the Owners”.

(ii) Loss, damages, expense or delay (excluding consequential loss, damages, expense or delay) caused by failure on the part of the Charterers to comply with this Clause shall be for the Charterers’ account, except as otherwise provided in this Charter Party.

(c) Notwithstanding anything else contained in this Charter Party all delay, costs or expenses whatsoever arising out of or related to security regulations or measures required by the port facility or any relevant authority in accordance with the ISPS Code/MTSA including, but not limited to, security guards, launch services, vessel escorts, security fees or taxes and inspections, shall be for the Charterers’ account, unless such costs or expenses result solely from the negligence of the Owners, Master or crew. All measures required by the Owners to comply with the Ship Security Plan shall be for the Owners’ account.

(d) If either party makes any payment which is for the other party’s account according to this Clause, the other party shall indemnify the paying party.

Clause 60

Bunker Fuel Sulphur Content Clause for Time Charter Parties 2005

(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 zone; 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.

 

 

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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 in MARPOL Annex VI and/or zones regulated by regional and/or national authorities such as, but not limited to, the European Union and the US Environmental Protection Agency.

Clause 61

U.S. Customs Advance Notification/AMS Clause for Time Charter Parties

(a) If the Vessel loads or carries cargo destined for the US or passing through US ports in transit, the Charterers shall comply with the current US Customs regulations (19 CFR 4.7) or any subsequent amendments thereto and shall undertake the role of carrier for the purposes of such regulations and shall, in their own name, time and expense: 

i)  Have in place a SCAC (Standard Carrier Alpha Code); 

ii)  Have in place an ICB (International Carrier Bond); 

iii)  Provide the Owners with a timely confirmation of i) and ii) above; and 

iv)  Submit a cargo declaration by AMS (Automated Manifest System) to the US Customs and provide the Owners at the same time with a copy thereof. 

(b) The Charterers assume liability for and shall indemnify, defend and hold harmless the Owners against any loss and/or damage whatsoever (including consequential loss and/or damage) and/or any expenses, fines, penalties and all other claims of whatsoever nature, including but not limited to legal costs, arising from the Charterers’ failure to comply with any of the provisions of sub-clause (a). Should such failure result in any delay then, notwithstanding any provision in this Charter Party to the contrary, the Vessel shall remain on hire. 

(c) If the Charterers’ ICB is used to meet any penalties, duties, taxes or other charges which are solely the responsibility of the Owners, the Owners shall promptly reimburse the Charterers for those amounts. 

(d)  The assumption of the role of carrier by the Charterers pursuant to this Clause and for the purpose of the US Customs Regulations (19 CFR 4.7) shall be without prejudice to the identity of carrier under any bill of lading, other contract, law or regulation. 

Clause 62

U.S. Customs-Trade Partnership Against Terrorism (C-TPAT) Clause

The Charterers have voluntarily signed the C-TPAT Agreement with the U.S. Customs Service. The Owners, Master and Crew will use reasonable efforts to assist the Charterers to comply with their obligations under the C-TPAT Agreement. However, under no circumstances shall the Owners, Master and Crew be liable for any delays, losses or damages howsoever arising out of any failure to meet the requirements of the C-TPAT Agreement signed by the Charterers. 

 

 

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The Charterers agree to indemnify and hold the Owners, Master and Crew harmless for any claims made against the Owners, Master and Crew or for any delays, losses, damages, expenses or penalties suffered by the Owners arising out of the C-TPAT Agreement signed by the Charterers.

Clause 63

U.S. Tax Reform 1986 Clause

Any U.S. Gross Transportation Tax as enacted by the United States Public Law 99-514, (also referred to as The U.S. Tax Reform Act of 1986), including later changes or amendments, levied on income attributable to transportation under this Charter Party which begins or ends in the United States, and which income under the laws of the United States is treated as U.S. source transportation gross income, shall be reimbursed by the Charterers. 

Clause 64

U.S. Trade - Unique Bill Of Lading Identifier Clause

The Charterers warrant that each transport document accompanying a shipment of cargo destined to a port or place in the United States of America shall have been endorsed with a Unique Bill of Lading Identifier as required by the U.S. Customs Regulations (19 CFR Part 4 Section 4.7.a) including subsequent changes, amendments or modifications thereto, not later than the first port of call. 

Non-compliance with the provisions of this Clause shall amount to breach of warranty for the consequences of which the Charterers shall be liable and shall hold the Owners harmless and shall keep them indemnified against all claims whatsoever which may arise and be made against them. 

Furthermore, all time lost and all expenses incurred including fines as a result of the Charterers’ breach of the provisions of this Clause shall be for the Charterers’ account

Clause 65

Speed and consumption clause 

Whenever reference to speed and consumption of the Vessel is made, the following shall apply:

1) For the purpose of this Clause

(a) The word “about” means 5% more or less for speed or for consumption.

(b) The Vessel’s speed and consumption figures are always based on deep and currentless water, even keel, wind and sea not exceeding BF4 and sea state 3.

2) Service speed, see Vessel’s description.

3) If the Vessel’s speed is being reduced or the bunker consumption is being increased by more than 5% as defined in sub paragraph 1(a) above and subject to the conditions in sub paragraph 1(b), the time actually lost and the extra bunkers consumed in addition to direct and unavoidable expenses / losses may be deducted from the charter hire. 

4) (a) If over a continuous period of 30 days the reduction in speed and/or the increase in consumption regularly exceeds 10% (including the 5% as per above sub paragraph 1 (a)) and the reason for such same is within the Owners’ responsibility, the Charterers may request the Owners to rectify this deficiency.

(b) If despite the Owners’ endeavours the speed and/or consumption has not been rectified within 30 days of the Charterers’ notice as per sub paragraph 4(a), the Charterers have the option to (i) cancel the balance of the charter period (“premature termination”) or (ii) renegotiate a reduction in the daily hire rate.

 

 

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(c) The Owners agree to such premature termination of the Charter Party as per sub paragraph (b)(i), the Vessel shall be redelivered in accordance with the terms and conditions of this Charter Party not earlier than 30 days and not later than 60 days after a mutual agreement has been reached. In case the Owners do not agree with the Charterers’ request for a premature termination, the Charterers may call for arbitration.

5) In case the Charterers and the Owners cannot reasonably agree on a new hire rate as per sub-paragraph (b)(ii) above, sub-paragraphs (b)(i) and (c) shall apply.

It is agreed that in case of premature termination of the Charter Party for any permissible reason stipulated in this Clause the Charterers shall have no claim against the Owners, and the Owners shall have no liability in excess of what has been agreed in sub-paragraph 3 hereof.

6) This Clause shall not be applicable if the reason for the reduced speed and/or increased consumption, as the case may be, is due to or related to the Vessel’s trade and/or quality of bunkers supplied and/or the Charterers’ orders and directions to the Vessel. 

Clause 66

Garbage Removal:

The Owners shall pay for any garbage to be removed from the Vessel if and when requested by the Master. If there is a compulsory charge for garbage, this is to be considered a port charge and therefore payable by the Charterers, unless the Vessel discharges garbage during the call, in which case the Owners to pay.

Clause 67

Cancellation:

Should the Vessel be requisitioned by the government, or should the Vessel remain under arrest or be boycotted for a reason that is not within the Charterers’ responsibility, for a period exceeding 90 days, or should any single off hire period amount to or be estimated to last more than an aggregate of 90 consecutive days arising from the same event, the Charterers shall be entitled to cancel this Charter Party.

Clause 68

Default:

Unless otherwise provided elsewhere in this Charter Party if either party to this Charter Party is in default and the default is not rectified within 60 days of the notice of default, the party giving notice has the right to terminate this Charter Party.

Clause 69

Protection of the Environment: The Owners and the Charterers express their commitment to and concern for the protection of the environment in the widest sense. The Owners undertake to maintain good practices on board the Vessel in order to protect the environment and the Charterers’ image in respect of the same.

Clause 70

Structural Changes: Costs incurred for structural changes to the Vessel which shall include changes to its equipment as well as to its fabric, pursuant to changes in law, classification society or regulatory requirements shall be paid by the Owners unless the amount exceeds USD100,000 in a year, the first such year commencing from the start of the first month after the commencement of the Charter. If the costs exceed USD100,000, the Charterers shall fully compensate Owners for the amount exceeding USD100,000 by increasing the charter hire

 

 

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rate from the end of the period for which the assessment has been made and for the remainder of the Charter Period  by USD3 per day for each amount of USD10,000 of excess over USD100,000. The rights and obligations under this Clause are extinguished in case of change of control of the ultimate beneficial shareholder of the Owners. For the avoidance of doubt and within the context of this Clause 70, “change of control” shall mean the moment upon which (i) a person gains control of the board of directors of the ultimate shareholder of the Owners and/or (ii) a person holds either directly or indirectly 51% or more of the shares of the ultimate shareholder of the Owners.

 

 

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SCHEDULE TO EXHIBIT 10.12

In accordance with Instruction 2 to Item 601 of Regulation S-K under the Securities Act of 1933, the following is a schedule of documents substantially identical in all material respects to the form of charter agreement attached as Exhibit 10.12 to this Registration Statement, except as to the parties thereto, the vessel names or other material details.

 


	
                        Owner Name
 	
                         
 	
                        Charterer
  Name
 	
                         
 	
                        Vessel Name
 	
                         
 	
                        Length of
  Charter
  (Years)
 	
                         
 	
                        Charter
  Hire ($US
  per day)
 
	
                        Global Ship Lease 1 Limited
 	
                         
 	
                        CMA CGM S.A.
 	
                         
 	
      Ville d’Orion
 	
                         
 	
                        5
 	
                         
 	
                        $21,500
 
	
                        Global Ship Lease 2 Limited
 	
                         
 	
                        CMA CGM S.A.
 	
                         
 	
      Ville d’Aquarius
 	
                         
 	
                        5
 	
                         
 	
                        $21,500
 
	
                        Global Ship Lease 3 Limited
 	
                         
 	
                        CMA CGM S.A.
 	
                         
 	
      CMA CGM Matisse
 	
                         
 	
                        9
 	
                         
 	
                        $17,900
 
	
                        Global Ship Lease 4 Limited
 	
                         
 	
                        CMA CGM S.A.
 	
                         
 	
      CMA CGM Utrillo
 	
                         
 	
                        9
 	
                         
 	
                        $17,900
 
	
                        Global Ship Lease 5 Limited
 	
                         
 	
                        Delmas S.A.S.
 	
                         
 	
      MOL Rainbow
 	
                         
 	
                        10
 	
                         
 	
                        $17,900
 
	
                        Global Ship Lease 6 Limited
 	
                         
 	
                        Delmas S.A.S.
 	
                         
 	
      Julie Delmas
 	
                         
 	
                        10
 	
                         
 	
                        $17,900
 
	
                        Global Ship Lease 7 Limited
 	
                         
 	
                        Delmas S.A.S.
 	
                         
 	
      Kumasi 
 	
                         
 	
                        10
 	
                         
 	
                        $17,900
 
	
                        Global Ship Lease 8 Limited
 	
                         
 	
                        Delmas S.A.S.
 	
                         
 	
      Marie Delmas
 	
                         
 	
                        10
 	
                         
 	
                        $17,900
 
	
                        Global Ship Lease 9 Limited
 	
                         
 	
                        CMA CGM S.A.
 	
                         
 	
      CMA CGM La Tour
 	
                         
 	
                        9
 	
                         
 	
                        $17,900
 
	
                        Global Ship Lease 10 Limited
 	
                         
 	
                        CMA CGM S.A.
 	
                         
 	
      CMA CGM Manet
 	
                         
 	
                        9
 	
                         
 	
                        $17,900
 
	
                        GSL Alcazar Inc.
 	
                         
 	
                        CMA CGM S.A.
 	
                         
 	
      CMA CGM Alcazar (Newbuilding 1)
 	
                         
 	
                        13
 	
                         
 	
                        $33,250
 
	
                        GSL Château d’If Inc.
 	
                         
 	
                        CMA CGM S.A.
 	
                         
 	
      CMA CGM Château d’lf (Newbuilding 2)
 	
                         
 	
                        13
 	
                         
 	
                        $33,250
 
	
                        Global Ship Lease 13 Limited
 	
                         
 	
                        CMA CGM S.A.
 	
                         
 	
      Hull 4.126 (Newbuilding 3)
 	
                         
 	
                        17
 	
                         
 	
                        $44,405
 
	
                        Global Ship Lease 14 Limited
 	
                         
 	
                        CMA CGM S.A.
 	
                         
 	
      CMA CGM Jamaica
 	
                         
 	
                        14
 	
                         
 	
                        $23,500
 
	
                        Global Ship Lease 15 Limited
 	
                         
 	
                        CMA CGM S.A.
 	
                         
 	
      CMA CGM Sambhar
 	
                         
 	
                        14
 	
                         
 	
                        $23,500
 
	
                        Global Ship Lease 16 Limited
 	
                         
 	
                        CMA CGM S.A.
 	
                         
 	
      CMA CGM America
 	
                         
 	
                        14
 	
                         
 	
                        $23,500
 
	
                        Global Ship Lease 17 Limited
 	
                         
 	
                        CMA CGM S.A.
 	
                         
 	
      CMA CGM Berlioz
 	
                         
 	
                        12
 	
                         
 	
                        $31,000
 
	
                         
 	
                         
 	
                         
 	
                         
 	
                         
 	
                         
 	
                         
 	
                         
 	
                         
 




Additional Information:

Flag of vessel:

Type(s) of Fuel(s):

Insured Value of Vessel:

Maximum Bunker Capacity:

Class:

Class sign/Telex number:

TEU capacity:

Service speed:

Fuel consumption:

Vessel’s Description/Specification: