Bargehire Terms: means the Bargehire Standard Barge Charter Party terms and Towcon Terms: means the Towcon International Ocean Towage. Page CHAPTER 6 Standard form contracts: (iv) the bimco “bargehire ” form Part A. The genesis of the “Bargehire” form The publication by BIMCO. The BIMCO BARGEHIRE 94 Standard Barge Bareboat Charter Party, as reproduced at the end of this article, is the final result of the work of the sub- committee.
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The main idea of the division of the charter into two parts is to leave the printed text of Part II unaltered. Clause 3 – Delivery The port or place of delivery agreed shall be stated in Box Laytime Definitions for Charter Parties Similarily, subclauses 16 ii g to 16 ii i duly reflect the contents of sub-clause 16 i.
Law of Tug and Tow and Offshore Contracts
Against this background, BIMCO was, some time ago, approached by trade interests specialised in the offshore business expressing considerable interest in the formulation of a special standard bareboat charter for use in connection with chartering of non self-propelled barges for marine related construction operations for both offshore and civil work. The exception of gross negligence and wilful misconduct has been introduced in order to avoid that the Owners may feel it beneficial to them to pay the penalty and not deliver the Barge through gross negligence or wilful misconduct.
Bareboat chartering, by definition, implies that the Charterers, practically and legally, take over the whole position of the Owners with one important exception, i.
Filter Filter by type Contract Hence sub-clause 16 i f. Clause 28 – War The multitude of war situations with which the world has been confronted during recent years has shown that some war clauses, notably in old charter parties, have serious shortcomings and do not explicitly cover all the various situations which may arise nowadays as a result of war or warlike operations.
If, however, Box 25 has not been filled in, the LIBOR interest rate for the currency stated in Box 25 increased by 2 per cent shall apply.
Contracts of afreightment 4. Non-delivery of a barge by the Owners, or even a small delay, may have serious consequences for the Charterers, not least when they are engaged in large construction projects in the offshore bargehird. Contact us online Contact us by phone. In line with common practice within bareboat chartering, and as a practical measure, it has been decided that the charter hire should be fixed at a lump sum rate per day and that the charter hire falls due and shall be paid monthly in advance on the first day of each month.
Consequently, there is no question of the barge becoming off hire, for instance, for time used for repairs and according to sub-clause 16 ii baegehire the time on hire thus runs unabated in such events. BDI weakness in Q4, as the trade war limits demand growth and demolitions stall.
This will also enable the Owners to reconsider the financial implications of the substitution. As in bargenire 16 ithe possibility of placing additional insurance by both parties is also envisaged in sub-clause 16 ii t to the extent such additional insurance is permissible as already explained in regard to sub-clause 16 i above.
Any additional premium which may result from the barge’s trading pattern shall be for the Charterers’ account.
bargehir Therefore, the purpose of this Clause is to ensure that, during such specialised operations which may pose a certain danger to the barge, a qualified ballast engineer is used. The actual drafting of this new standard charter party was entrusted to a subcommittee composed of individuals with expert knowledge within the specific field of barge bareboat chartering and representing the various interests involved, i.
Press release Priority news Contract Bunkers. An unconditional obligation to pay hire as and when due must, of course, be linked to a right for the Owners to withdraw the barge if the Charterers are in default of payment. The Charterers may then declare that the new delivery period is 1 April, to 30 April, Clause 17 – Charterers’ Responsibilities Bareboat bargehkre, by definition, implies that the Charterers, practically and legally, take over the whole position of the Owners with one important exception, i.
This option must be declared at least 10 days before expected redelivery and in such case the Charterers shall give 10 days’ notice of final redelivery. This would mean that days prior to 1 March, the first day of the previous declared delivery period the Charterers shall narrow down further the delivery period to 30 days. This Clause, which is self-explanatory, is an optional clause and therefore only applicable if Box 28 is filled in. Clause 23 – Lien This is the usual lien clause granting the Owners and the Charterers a lien for their respective claims against each other.
However, it has been felt that a certain grace period should be granted to the Charterers if, for a bona tide reason, they happen to be behind with payment. It is of major importance for the Charterers’ use of the barge, in particular within the offshore industry, that the details of the barge provided by the Owners are accurate. In this bargeihre it 2008 be useful to emphasise that a standard contract constitutes an integrated whole and that any changes to some of the printed clauses may destroy the over-all balance of the contract as such, a fact which should not be forgotten when attempting to amend standard clauses in Part II.
Maritime Files – Standard Barge charter party BARGEHIRE
Please either try again later, or use the contact form to let us know. Clause 11 – Inventories and Consumable Oil and Stores This Clause provides for the drawing up of inventories and the taking over of consumable oil and stores at delivery and redelivery. This Clause gives the Owners a right to inspect or survey the barge throughout the charter period, and it also provides for an equitable allocation of costs in connection herewith. Sub-clause 16 i In the bareboat chartering of barges, and contrary to what is usually the case as regards bareboat chartering of vessels, 200 is practice that the Owners arrange and keep the barge insured for marine, war, and bargehirre and indemnity risks.
It is, of course, important to determine and agree 200 the contract the value of the vessel for the purpose of insurance coverage and such sum as may be agreed between the parties should be stated in Box 30 according to sub-clause 16 i j. Your email address We will only use your email to respond to your message. It has been found useful to include a substitution provision giving the Owners a right bargehhire substitute the barge described in Part I with an equivalent barge suitable for the purpose of the charter in question.
It baegehire envisaged that the barhehire of such a charter could largely be based on the terms and conditions of the BARECON 89 Standard Bareboat Charter but suitably adapted to meet the special requirements of barge chartering. It is common practice in the industry for barge bareboat charters to be entered into a long time before the charter period is expected to run and the actual dates known. Novation Agreement for the Transfer of Ownership. In order to minimise the risk of disputes it has been clearly stressed in which condition the Nargehire must redeliver the barge.
Some of the boxes to be completed in Part I may call for special observations; however, in view of the fact that the details to be written into the boxes should be considered in light of the provisions in the corresponding clauses in Part II, it has bartehire considered appropriate to make these observations together with the comments on the standard clauses in Part II. Hence, the main difference between sub-clause 16 i and 16 ii is that if the latter applies, the responsibilities just mentioned rest solely with the Charterers.
However, for the sake of clarification it has been felt useful to provide for the responsibilities of the Charterers in the above instances, hence this Clause.
Bargehire Standard Barge Charter Party with Explanatory Notes – Google Books
Clause 19 – Consequential Loss This Clause contains the usual provisions relating to consequential loss. It is important that the date of the last special survey is indicated in Box You will now receive updates about contracts and clauses.
Bearing this in mind there should, in principle, be no doubt that the barge Charterers are responsible for damage suffered by third parties caused by the barge, damage to or by the cargo, and any liabilities arising out of the barge becoming a wreck or obstruction to navigation. At its meeting held in Singapore in Maythe Documentary Committee of BIMCO gave its support to the idea of developing such a standard barge bareboat charter to meet an increasing demand in this area of activity.
Register for updates on contracts and clauses Register Now! Unfortunately, we were unable to register your subscription to this notification bargehirr this time. Standard Statement of Facts. These dates should be stated in Box 17 and they constitute the period within which the barge will eventually be placed at the Charterers’ disposal.