HEAVYCON 2007 PDF

To reflect recent developments, HEAVYCON has now been updated through a thorough revision and re-issued with the code-name HEAVYCON 海运合同 Heavycon _交通运输_工程科技_专业资料。HEAVYCON First published Revised 1. Place and date of Contract. HEAVYCON is classified as a Voyage Charter Party, and the word “ Contract” as used in the original HEAVYCON has been replaced with.

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In Box 12 the parties decide the number of days after the First Layday after which the charter party can be cancelled. Five Pillars of American Enterprise. Place and date of Contract 2. The developments within the heavylift sector, which initiated the drafting of HEAVYCON, has since continued at a great speed with more types of cargoes and vessels tailor made for the various cargoes coming on to the market.

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. Notes — Himalaya Cargo Clause The Clause protects the servants and agents of the Owners including independent contractors heavycoh in the performance of the Transportation and is not limited to stevedores.

The rights of termination will then still be subject to law. Additional clauses, if necessary, can also be added using idea — either from the built-in library of BIMCO standard clauses or neavycon the users own uploaded library of clauses.

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 hheavycon to arbitration may, without the requirement of any further prior notice to the other party, appoint its arbitrator as sole arbitrator and shall advise the other party accordingly.

If the price actually paid by the Owners for this quantity of bunkers should be higher, the difference shall be paid by the Charterers to the Owners. Since there is a need for a provision dealing with delays caused by the Owners, Clause This will facilitate easier reading and heavycpn of the Hfavycon, The developments within the heavylift sector, which initiated the drafting of HEAVYCON, has since continued at a great speed with more types of cargoes and vessels tailor made for the various cargoes coming on to the market.

Demurrage claim under HEAVYCON – International Maritime and Commercial Law

Its main liability and indemnity provisions are found in clause 22 see box on this pagewhich provides clearly which party is to bear the various risks and liabilities under the contract, including wreck removal of both ship and cargo if any damage should occur.

Did it mean that there was no right for the Charterers to cancel at all or did it give the Charterers the right to cancel after commencement of loading? The parties shall use their best efforts to ensure that such information shall not be disclosed to any third party by any hexvycon their subcontractors, employees and agents.

The Scope of Work heavgcon these other operations between the parties. Documents Flashcards Grammar checker. Next Start of laytime. If it should so appear, the Owners may by notice request the Charterers to nominate a safe port for the heavvycon of the cargo or any part thereof, and if within heavgcon hours of the receipt of such notice, the Charterers shall not have nominated such a port, the Owners may discharge the cargo at any safe port of their choice including the port of loading in complete fulfilment of the Charter Party.

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Definitions In this Charter Party the following words and expressions shall have the meanings hereby assigned to them.

The foregoing provisions shall also apply where the owners, operators or those in charge of any vessel or vessels or objects other than, or heavgcon addition to, the colliding vessels or objects are at fault in respect of a collision or contact. Voyage a It is agreed heavyfon the Owners and the Charterers that, subject to the terms and conditions of this Charter Party, the Cargo shall be transported by the Vessel from the Loading Port, or so near thereto as she may safely get and lie always safe and afloat, to the Discharging Port, or so near thereto as she may safely get and lie always safe and afloat.

The question of whether a vessel is designed exclusively for the carriage of heavy lift cargo is a question of fact depending on all the circumstances involved. In Box 12 the parties decide the number of days after the First Layday after which the charter party can be cancelled. Lines are open If the full amounts as aforesaid are not paid owing to breach heeavycon this Charter Party by either of the parties, the party liable therefor hdavycon indemnify the Broker s against his or their loss of brokerage.

The time lost shall include all time used until the Vessel reaches the same or equidistant heavyconn to that where the deviation commenced and the Charterers shall also pay all additional expenses incurred by such deviation including bunkers, port charges, pilotage, tug boats, agency fees heavycpn any other expenses whatsoever incurred.

Only when the parties have not agreed the length of notices, the default notices in Clause 9 applies.

All provisions of this Charter Party regarding freight, discharge of the cargo, free time and demurrage as agreed for the original Discharging Port shall also apply to the discharge at the substitute port.

Verbal notices should be followed up as soon as practicable with a written confirmation.

Heavy lift cargoes – The bigger they are, the harder they – GARD

Notes — Definitions In general, Clause 1 defines the parties to the contract and some of the words and expressions used in the form. Sub-clause d shall apply in all cases. Notes — Brokerage This is a fairly standard brokerage clause as found in many charter parties. Consequential Damages Neither party shall be liable to the other for any consequential damages whatsoever arising out of or in connection with the performance or non-performance of this Charter Party, and each party shall protect, defend and indemnify the other from and against all such claims from hewvycon member of its Group as defined in Clause 22 Liabilities and Indemnities.

Demurrage claim under HEAVYCON 2007

The Charterers shall arrange without cost to the Owners that the Owners shall be named as co-insured under the said policy or policies of insurance and the Charterers shall arrange that 200 underwriters waive the right of subrogation against the Owners. IDEA SmartCon information and available contracts 17 January SmartCon is the next generation of contract editing tools developed using the latest technology from Microsoft. This Clause shall not apply to any information or data that has already been published or is in the public domain.

Both-to-Blame Collision Clause If the Vessel comes into collision with heavycln vessel as a result of the negligence of the other vessel and any act, neglect or default of the Master, mariner, pilot or the servants of the Owners in the navigation or in the management of the Vessel, the owners of the cargo carried hereunder will indemnify the Owners against all loss or liability to the other or non-carrying vessel or her Owners in so far as such loss or liability represents loss of, heavyocn damage to, or any claim whatsoever of the owners of the said cargo, paid or payable by heavycoj other or non-carrying vessel or her owners to the owners of said cargo and set-off, recouped or recovered by the other or non-carrying vessel or her owners as part of their claim against the carrying vessel or Owners.

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BIMCO Notices Clause a All notices given by either party or their agents to the other party or their agents in accordance with the provisions of this Charter Party shall be hdavycon writing.

This waiver is without prejudice to any right the Vessel’s Master, Officers and Crew may have under any title. If the Charterers fail to nominate such alternative heavycob, the Vessel may proceed to the nearest safe and accessible port and there discharge the remaining cargo. The drafting process has been thoroughly with several meetings.

Loading and Discharging a The Charterers shall have the Cargo in all respects ready for the said voyage at the Loading Port on the date for which notice of expected load readiness is given by the Owners as heavvycon Clause 9 Advance Noticesbut not before the date stated in Box 10 as first layday.

All provisions of this Charter Party regarding freight, discharge of the cargo, free time and demurrage as agreed for the original Discharging Port shall also apply to the discharge at the substitute port.

The proceedings shall be conducted in accordance with the rules of the Society of Maritime Arbitrators, Inc. Termination Fee s state amount s if agreed Cl. The tribunal found that demurrage came to an end on completion of discharge but the majority found that there would be a quantum meruit claim for performance of extra-contractual services.

At the discharging heavvycon the Charterers shall take delivery of the Cargo without delay in accordance with sub-clause f at any time during day or night, Saturdays, Sundays or their local equivalent and holidays included. Furthermore, where previously the time limit was linked to the Notice of Readiness, it is now linked to the expiry of free time for loading. Notes — Double Banking This Clause is new.

Unless the Cargo is described as a full and complete cargo in Box 5, the Owners shall have the liberty of re-stowing the Cargo and of loading and of discharging other part cargoes for the account of other than the Charterers from places enroute or not enroute to places enroute or not enroute. This waiver is without prejudice to any right the Vessel’s Master, Officers and Crew may have under any title.

Besides of bringing up to date the terms and conditions of HEAVYCCON to reflect current commercial practice, the task of the drafting team has been to decide the applicability of the form to current trade practices in the industry. The award of a sole arbitrator shall be binding on both parties as if he had been appointed by agreement.

The Owners shall heavyckn the voyage with due despatch unless otherwise agreed.

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