This document is a computer generated HEAVYCON form printed by authority of BIMCO. Any inrtion 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 expen as a result of discrepancies between the original BIMCO approved document and this computer generated document.
P r i n t e d b y B I M C O ’s i d e a
1. Place and date of Contract
THE BALTIC AND INTERNATIONAL MARITIME COUNCIL STANDARD TRANSPORTATION CONT
RACT FOR HEAVY AND VOLUMINOUS CARGOES
CODE NAME: “HEAVYCON”
PART I
2. Owners/place of business (Cl. 2.1.)
3. Charterers/place of business (Cl. 2.1.)
4. Vesl (name, type and other particulars; also description of Owners’ equipment) (Cl. 2.1. & 4.2.)
5. Cargo (full description of cargo; indicate whether full and complete cargo or part cargo; also state minimum/maximum weight of cargo) (Cl. 2.1. & 10.5.)
6. Loading port(s) (Cl. 2.1.)朋克什么意思
7. Discharging port(s) and intended route from loading port to discharging port (Cl. 2.1. & 3.2.) 8. Loading method(s) (indicate alternative(s): (a),(b) or (c), as agreed) (Cl. 4.3.) 9. Discharging method(s) (indicate alternative(s): (a),(b) or (c), as agreed) (Cl. 4.6.) 10. First layday (Cl. 8.1.)
11. Cancelling date (Cl. 8.1.)
12. Notices for loading to be given to (Cl. 9.1. & 9.2.)
13. Notices for discharging (state interval periods and to whom to be given) (Cl. 9.2. & 9.3.).
14. Marine Surveyor(s) and date for transportation approval (Cl. 10.1. & 10.4.) 15. Freight (Cl. 11)
16. Freight and demurrage, etc. payment (currency and where payable; also state owners’ bank account) (Cl. 11) 17. Free time for loading/discharging and canal transit (if applicable) (state total
number of running hours) (Cl. 12.1. & 14.1.)
18. Demurrage rate per day (Cl. 12.2.)
19. Mobilisation charge (if agreed, state lump sum amount) (Cl. 13.1.) 20. Demobilisation charge (if agreed, state lump sum amount) (Cl. 13.2.) 21. Canal transit costs (if any) limited to (Cl. 14.2.)
22. Price per ton of bunker oil (Cl. 15)
23. Termination Fee(s) (state amount(s) if agreed) (Cl. 20.1. & 20.2.)
24. Liability for cargo (state whether Bill of Lading or Cargo Receipt) (Cl. 21.4. or Cl. 21.5.)
25. General average shall be adjusted/ttled at (Cl. 25)
26. Brokerage and to whom payable (Cl. 31)
27. Law and arbitration (state 32.1., 32.2. or 32.3. of Cl. 32, as agreed; if 32.3.颟顸
agreed state place of arbitration) (if Box 27 not filled in 32.1. shall apply) (Cl. 32)
28. Numbers of additional claus covering special provisions, if agreed
It is mutually agreed that this Contract shall be performed subject to the conditions contained in the Contract consisting of PART I including additional claus, if any agreed and stated in Box 28 and PART II. In the event of a conflict of conditions, the provisions of PART I and any additional claus shall prevail over tho of PART II to the extent of such conflict but no further.
Signature (Owners)
Signature (Charterers)
This document is a computer generated HEAVYCON form printed by authority of BIMCO. Any inrtion 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 expen as a result of discrepancies between the original BIMCO approved document and this computer generated document.
1. Definitions 1
In this Contract the following words and expressions shall have the mea- 2nings hereby assigned to them. 31.1. “The Owners” shall mean the party identified in Box 2. 41.2. “The Charterers” shall mean the party identified in Box 3. 51.3. “The Vesl” shall mean the transportation unit(s) described in Box 4. 61.4. “Loading port” shall mean the port(s) or area(s) specified in Box 6. 71.5. “Discharging port” shall mean the port(s) or area(s) specified in Box 7. 81.6. “The Cargo” shall mean any goods or equipment or other items descri- 9bed in Box 5. 101.7. “The Transportation” shall mean the carriage of the cargo and, as the 11ca may be, the loading, discharge and all other operations connected 12therewith. 132. Voyage 14
2.1. It is agreed between the Owners mentioned in Box 2 and the Charterers 15mentioned in Box 3 that, subject to the terms and conditions of this Contract,16the cargo described in Box 5 shall be transported by the Owners from the 17loading port(s) mentioned in Box 6, or so near thereunto as she may safely 18get and lie always safe and afloat, to the discharging port(s) mentioned in 19
Box 7, or so near thereunto as she may safely get and lie always safe and
20afloat, by means of the Vesl named and described in Box 4 or in an ap-
21pendix. 222.2. At the commencement of the voyage the Owners shall exerci due dili-23gence in making the Vesl aworthy. The Owners shall perform the voya- 24ge with due despatch unless otherwi agreed. 253. Deviation/Delays/Part Cargo 263.1. The Vesl has the liberty to sail without pilots, to tow and/or assist ves- 27ls in all situations, to deviate for the purpo of saving life, to replenish 28bunkers and/or to deviate for the purpo of safety of the cargo, crew, Ves- 29l and for any other reasonable purpo. 303.2. Without prejudice to the provisions of Clau 25, should the Master de- 31cide, for the purpo of the safety of the cargo, to deviate from the normal 32route which is stipulated in Box 7, the Charterers shall pay for all time lost as 33a conquence of the deviation at the demurrage rate stipulated in Box 18. 34The time lost shall include all time ud until
the Vesl reaches the same or 35equidistant position to that where the deviation commenced and the Char- 36terers shall also pay all additional expens incurred by such deviation in- 37cluding bunkers, port charges, pilotage, tug boats, agency fees and any 38other expens whatsoever incurred. 393.3. If the Vesl for reasons beyond the Owners’ control is being delayed at 40loading port(s) or place(s) and/or discharging port(s) or place(s), including 41obtaining free pratique, customs, port clearance or other formalities, such 42delays shall be paid for by the Charterers at the demurrage rate stipulated in 43Box 18. 443.4. Unless the cargo is described as a full and complete cargo in Box 5, the 45Owners shall have the liberty of restowing the cargo and of loading and of 46discharging other part cargo(es) for the account of others than the Charte- 47rers from places enroute or not enroute to places enroute or not enroute. 48
The rotation of loading and discharging places shall be at the Owners’
option.
49When the Owners exerci such option(s) this shall in no way constitute a 50deviation, notwithstanding anything el contained in this Contract. 514. Loading and Discharging 524.1. The Charterers shall have the cargo in all respects ready for the said 53voyage at the loading port(s) on the date for which notice of expected load- 54
readiness is given by the Owners as per Clau 9, but not before the date
55stated in Box 10 as first layday. 56The preci loading area or place within the agreed loading port, which 57shall be always safe and accessible and suitable for the loading operation, 58shall be nominated by the Charterers upon receipt of the first notice given 59
by the Owners pursuant to Clau 9, always subject to the approval of the
60Owners and the Master. Such approval shall not be unreasonably withheld. 61
4.2. The Owners shall provide the equipment stated in Box 4 or in an ap-
62pendix and shall in their own time and at their own expen prepare such 63equipment for the loading. All other equipment shall be provided by the 64Charterers. When the cargo has been loaded and positioned, it shall be 65afastened and/or lashed by the Owners at their expen to the satisfac- 66tion of the Master. 674.3. At the loading port, the cargo shall be delivered by the Charterers with- 68out delay in the quence required by the Master at any time during day or 69night, Saturdays, Sundays and holidays included and shall be loaded by 70one or more of the following methods stated in Box 8: 71*) (a) If agreed in Box 8 that the Owners shall load the cargo wi
th their own 72gear or tackle, the Charterers shall bring the cargo alongside within reach of 73such loading equipment. The Owners shall procure the necessary labour 74and winchmen, either from the crew or from ashore and shall pay for same 75except that any shore labour forced upon the Vesl by local or union regu- 76lations shall be for the Charterers’ account. 77
*) (b) If agreed in Box 8 that the Charterers shall perform the loading, the
78cargo shall be placed on board and positioned by the Charterers to the full 79satisfaction of the Master. The Charterers shall procure and pay for all la- 80bour and all necessary equipment other than that stated in Box 4. 81*) (c) If agreed in Box 8 that the cargo shall be loaded by means of float-on 82method, the Charterers shall position the cargo prior to loading at 50 metres 83or at an agreed distance from the Vesl’s submerged deck to the full satis- 84faction of the Master. The Owners shall attach lines to the cargo and shall 85position and cure the cargo over the submerged deck by using winches 86and/or tugs. The Owners shall procure and pay the necessary labour and 87winchmen either from the crew or from shore except that any shore labour 88forced upon the Vesl by local or union regulations shall be for the Charte- 89rers’ account. 90The Charterers shall procure and pay for workboats and tugs required for 91the positioning of the cargo. The Owners shall have the right to u such 92workboats and tugs for the loading operation reimbursing the Char
terers for 93the actual costs for the u thereof from the time the Vesl’s first line is at- 94tached to the cargo until the time when the last line is relead from the car- 95go and the workboats and tugs are dismisd by the Owners. 96
*) Indicate alternative(s) (a), (b) or (c), as agreed, in Box 8.
974.4. The preci discharging area or place within the discharging port and 98which shall be always safe and accessible and suitable for the discharging 99operation, shall be named by the Charterers well in advance of the Vesl’s 100arrival, always subject to the approval of the Owners. Such approval shall 101not be unreasonably withheld. 102At the discharging port the Charterers shall take delivery of the cargo with- 103out delay in accordance with Clau 4.6. at any time during day or night, Sa-104turdays, Sundays and holidays included. 1054.5. Prior to actual discharge the Owners shall, unless otherwi agreed, re- 106move all afastening and/or lashing and prepare the Vesl for the dis- 107charge operation. The entire discharge operation always to be done to the 108full satisfaction of the Master. 1094.6. The cargo shall be discharged by one or more of the following methods 110stated in Box 9: 111*) (a) If agreed in Box 9 that the Owners shall discharge the cargo with their 112own gear or tackle, the Charterers shall take delivery of the cargo upon dis- 113charge and within reach of said gear or tackle. The Owners shall procure 114and pay for necess
ary winchmen and labour to perform the discharge ex- 115cept that any shore labour forced upon the Vesl by local or union regula- 116tions shall be for the Charterers’ account. 117
*) (b) If agreed in Box 9 that the Charterers shall discharge the cargo, the
118Charterers shall procure and pay for the necessary equipment and labour 119for the discharge of the cargo. 120*) (c) If agreed in Box 9 that the cargo shall be discharged by means of float-off 121method, the Owners shall submerge the Vesl and float-off the cargo. The 122Owners shall procure and pay the necessary labour and winchmen either 123from the crew or from shore except that any shore labour forced upon the 124Vesl by local or union regulations shall be for the Charterers’ account. 125The Charterers shall procure and pay for workboats and tugs required for 126discharging the cargo. The Owners shall have the right to u such work- 127boats and tugs for the discharging operations reimbursing the Charterers 128the actual cost for the u thereof from the time when the first line is at- 129tached to the cargo until the time when the last part of the cargo pass the 130side of the Vesl at which time the Charterers shall take custody of the 131cargo. 132
*) Indicate alternative(s) (a), (b) or (c), as agreed, in Box 9.
1334.7. All expens associated with the Vesl such as harbour dues, pilota- 134ges, local tug assistance, if required, agency fees, fuel and lubricants shall 135be paid for by the Owners except as otherwi provided for in this Contract. 1365. Permits/Licences 137
5.1. All necessary permits and/or licences pertaining to the loading and/or 138discharging operations shall be provided and paid for by the Charterers. 139The same applies to permits and/or licences pertaining to the carriage of 140cargo. If required, the Owners shall assist the Charterers in obtaining such 141permits and/or licences. 1425.2. Any delay by the Charterers in obtaining the permits and/or licences re- 143
lated to sub-clau 5.l . shall be at the Charterers’ time and any time lost
144shall be paid for at the demurrage rate stipulated in Box 18. 1456. Taxes, Charges, etc. 146
The Charterers shall pay all duties, taxes and charges whatsoever levied on 147the cargo and/or the freight at the loading port and/or discharging port irre- 148
This document is a computer generated HEAVYCON form printed by authority of BIMCO. Any inrtion 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 expen as a result of discrepancies between the original BIMCO approved document and this computer generated document.
spective of how the amount thereof may be assd, including agency 149commission assd on the basis of the freight.英语在线翻译阅读
1507. Quarantine
151Unless due to health conditions on board the Vesl, any time lost as a re- 152sult of quarantine formalities and/or health restrictions impod or incurred 153at any stage of the voyage, including any such loss of time at the loading 154port and/or the discharging port, shall be paid for by the Charterers at the 155demurrage rate specified in Box 18. The Charterers shall also pay for all 156other expens which may be incurred as a result thereof.
157
8. Commencement of Loading/Cancelling Date 158
8.1. The date of commencement of the loading shall be at any time on or be-159tween the first layday stated in Box 10 and the cancelling date stated in Box 16011, both dates inclusive, in the Owners’ option. Should the Owners give no- 161tice of readiness prior to the first layday, the Charterers may, at their option, 162accept such an earlier loading date and the time ud shall count against 163the free time as per Clau 12. 1648.2. Should it clearly appear that the Vesl will not be ready to commence 165the loading latest on the cancelling date the Owners shall immediately notify 166the Charterers hereof and state a new cancelling date as soon as they are in 167a position to state with reasonable certainty such new cancelling date. 168Within 72 running hours after receipt of the Owners’ notice as aforesaid and 169latest when the Vesl is ready for loading, whichever is the earlier, the 170Charterers shall advi the Owners whether they elect to cancel this Con- 171tract, failing such advice the new cancelling date as notified by the Owners 172shall apply. 1738.3. Should the Charterers cancel the Contract according to sub-clau 1748.2., any amount paid to the Owners in advance and not earned shall be re- 175turned to the Charterers by the Owners. 1768.4. The Owners shall not be responsible for any loss or damages whatsoe- 177ver incurred by the Charterers as a result of the Charterers cancelling this 178Contract as per sub-clau 8.2. nor shall the Owners be responsible for any 179loss or damages whatsoever suffered by the Charterers as a result of the fai-180lure of the Vesl to be ready for loading latest on the cancell
ing date 181agreed in Box 11 in the ca that a new cancelling date has been agreed. 1828.5. Should the cargo for reasons beyond the Owners’ control not be loaded 183within 14 days from tendering of notice of readiness, the Owners shall have 184the option to cancel this Contract. 185If the Owners exerci their option to cancel the Contract in accordance 186with this sub-clau, the Charterers shall pay to the Owners the applicable 187termination fee according to the provisions of Clau 20 in addition to any 188demurrage incurred. 1899. Notices 190
9.1. Advance Notices of Expected Loadreadiness
191The Owners shall give notices as per Box 12 of the expected day of the Ves-192l’s readiness to load 14 (fourteen) days, 7 (ven) days and 3 (three) days 193in advance. Furthermore, the Owners shall give 24 (twenty-four) hours ap- 194proximate notice of the expected hour of the Vesl’s readiness to load. 195
9.2. Notice of Readiness
196The Owners shall give notice of readiness by letter, cable, telex or telepho- 197ne as per Box 12 advising when the Vesl is ready to commence loading at 198the loading port and when the Vesl is ready to commence discharge at the 199discharging port as per Box 13. All notices may be given
at any time of the 200day, Fridays, Saturdays, Sundays and holidays included and notwithstand- 201ing hindrances as referred to in Clau 3.3. 2029.3. During the voyage the Owners shall give notice of expected time of arri- 203val at discharging port(s) with intervals of the number of days stipulated in 204Box 13. 20510. Marine Surveyor/Condition of the Vesl and Cargo
仪式英文
20610.1. The Marine Surveyor(s) stated in Box 14 will be appointed for this 207transportation. If Box 14 has not been filled in the Charterers and the Own- 208ers shall agree on the appointment of Marine Surveyor(s) acceptable to the 209cargo underwriters.
21010.2. All relevant documentation required by the Marine Surveyor(s) for 211their approval of the transportation shall be submitted to the Marine Sur- 212veyor at the earliest possible stage after this Contract is made, if not already 213submitted earlier. As soon as possible after submission of the relevant do- 214cumentation, transportation approval shall be given by the Marine Surveyor. 215The Charterers shall pay all expens relating to the production of docu- 216mentation related to the cargo and/or the Charterers’ equipment. The Own- 217ers shall pay all expens relating to documentation related to the Vesl 218and all other equipment being provided by the Owners in the performance of 219the transportation.
nina dobrev22010.3. The Charterers shall arrange and pay for all the Marine Surveyor(s) 221
rvices, including their approval of the transportation. 22210.4. Should the Marine Surveyor(s) not give transportation approval by the 223date stipulated in Box 14, both the Charterers and the Owners may elect to 224terminate this Contract and all freight paid or advanced by the Charterers to 225the Owners shall be promptly refunded. 22610.5. The Charterers warrant that the full description of the cargo mentioned 227in Box 5 is correct and further warrant that the cargo is in all respects tight, 228staunch, strong and in every way fit for the transportation. 229Should the cargo and/or its description not be in compliance with the afore- 230said then the Owners shall have the option to cancel this Contract. 231If the Owners exerci their option to cancel the Contract in accordance 232with this Clau the Charterers shall pay to the Owners the applicable termi-233nation fee according to the provisions of Clau 20. 23411. Freight 235
The freight stipulated in Box 15 shall be paid in instalments as follows: 10% 236upon signing of this Contract and the balance shall be fully prepaid upon 237completion of loading against surrender of the Cargo Receipt or Bills of La- 238ding whichever the ca may be. The freight shall be considered earned 239upon completion of loading and shall be non-returnable whether the Vesl 240and/or cargo is lost or not lost and whether lost due to perils of the a or 241howsoever. The freight instalments shall be paid discountless and be tele- 242graphically remitted in the currency and paid into the Owners’ bank ac- 243count stipulated in Box 16. 24412. Free Time/Demurrage 245
12.1. The Charterers are allowed the free time stipulated in Box 17 in the 246loading and discharging port(s) and for canal transit if applicable, Fridays, 247Saturdays, Sundays and holidays included. 248The free time at the loading port(s) shall start counting 6 running hours after 249notice of readiness has been tendered, in accordance with Clau 9.2., 250whether in berth or not, unless loading has commenced earlier and shall 251count until the cargo is in all respects fully afastened on board the Vesl 252and approved by the Marine Surveyor(s). 253The free time at the discharging port(s) shall start counting 6 running hours 254after notice of readiness has been tendered in accordance with Clau 9.2., 255whether in berth or not, unless discharge has commenced earlier and shall 256count until the cargo is in all respects removed from the Vesl. 257If the Owners are to load and discharge the cargo in accordance with Clau- 258s 4.3. (a) or (c) and 4.6. (a) or (c) free time or time on demurrage shall not 259count for time ud for the actual loading and discharge operation in excess 260of the fixed hours stipulated in Box 17 of Part I, unless such time ud in ex- 261cess of the fixed time is due to reason beyond the Owners’ control. 26212.2. Demurrage shall be payable for all time ud in excess of the free time.263The demurrage rate for the Vesl is the amount stipulated in Box 18 calcu- 264lated per day or pro rata for part of a day. 26512.3. Free time shall not count and if the Vesl is on demurrage, demurra- 266ge shall not accrue for time lost by reason of strike or lockout of the Master, 267officers or crew or by reason of b
reakdown of the Vesl or the Owners’ 268equipment. 26912.4. The demurrage and other amounts which are calculated at the demur- 270rage rate fall due and are payable by the Charterers immediately upon pre- 271ntation of the Owners’ invoice to the Owners’ bank account stipulated in 272Box 16. 273Should more than 14 days of demurrage have accrued, the Owners are en- 274titled to demurrage on account. The Owners may demand payment against 275prentation of invoices covering the first 14 days and thereafter for every 7 276days. 27713. Mobilisation/Demobilisation
27813.1. Mobilisation
279If agreed upon in Box 19 the Charterers shall pay the lump sum stipulated 280therein in respect of mobilisation, which amount shall be earned and non- 281returnable upon the Vesl’s arrival in the loading port. 28213.2. Demobilisation
283If agreed upon in Box 20 the Charterers shall pay the lump sum stipulated 284therein in respect of demobilisation, which amount shall be earned and 285non-returnable upon the Vesl’s arrival in the discharging port. 28613.3. The mobilisation and demobilisation amounts shall be payable 287against the Owners’ invoice. 28814. Canal Transit
28914.1. If the transportation is scheduled to pass through a canal according to 290Box 7, the Chart
erers are granted free time for any such transit, and such 291free time shall count against the number of hours stipulated in Box 17. If the 292transportation is delayed beyond the free time stipulated therein, the Char- 293terers shall pay for such extra transit time at the rate of demurrage stipula-
西安新东方英语294
This document is a computer generated HEAVYCON form printed by authority of BIMCO. Any inrtion 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 expen as a result of discrepancies between the original BIMCO approved document and this computer generated document.
ted in Box 18 and shall, in addition, pay for all other documented extra ex- 295pens thereby incurred. Canal transit time is defined as from arrival at pi- 296lot station or customary waiting place or anchorage, whichever is the ear- 297lier, and until dropping last outbound pilot when leaving for the open a. 29814.2. The freight rate stipulated in Box 15 is bad upon the Owners paying 299ca
nal tolls limited to the amount stipulated in Box 21. Any increa in the ca-300nal tolls and/or any additional expens impod on the transportation for 301the canal transit actually paid by the Owners shall be reimburd by the 302Charterers to the Owners upon prentation of the Owners’ invoice. 30314.3. Should the transit of a canal be made impossible for reasons beyond 304the Owners’ control, the Charterers shall pay for all extra time by which the 305voyage is thereby prolonged at the rate of demurrage stipulated in Box 18. 306The Charterers shall also pay all other expens, including for bunkers, in 307addition to tho which would normally have been incurred had the Vesl 308been standing-by in port less the amount of canal tolls being refunded to the 309Owners for not having transitted the canal. 31014.4. Notwithstanding the provisions of sub-clau 14.3. the Owners may, at 311their sole discretion, instruct the Master to discharge the cargo at the nea- 312rest safe and reachable port or place and such discharge shall be deemed 313due fulfilment of the Contract. All provisions of this Contract regarding 314freight, discharge of the cargo, free time and demurrage as agreed for the 315original discharging port shall also apply to the discharge at the substitute 316port. 31715. Bunker Escalation
318This Contract is concluded on the basis of the price per ton for bunker oil 319stated in Box 22 in force on the date of this Contract.
320If the price actually paid by the Owners for the quantity of bunker oil consu- 321med during the transportation should be higher, the difference shall be paid 322by the Charterers to the Owners.
323If the price actually paid by the Owners for the quantity of bunker oil consu- 324med during the transportation should be lower, the difference shall be paid 325by the Owners to the Charterers. 32616. Ice
32716.1. If on passage to the loading port or discharging port the Master finds 328that the port cannot be safely reached owing to ice, the Owners shall re- 329quest the Charterers to immediately nominate an alternative safe, ice-free 330and accessible port where there are facilities for loading or discharging the 331cargo. In this event, freight shall be paid at the rate applicable under this 332Contract to such alternative loading or discharging port and, in addition, any 333period by which the time taken to reach either or both such alternative ports 334exceeds the time which would have been taken had the Vesl proceeded 335thither direct shall be paid for by the Charterers at the rate of demurrage 336specified in Box 18 per running day and pro rata for part of a running day as 337well as the costs of any additional bunkers consumed. If no rate of freight is 338specified in Box 15 for the lected alternative port, then freight shall be 339paid at the rate applicable for the voyage first nominated adjusted by allow- 340ance at the demurrage rate specified in Box 18 for the differen
ce in the time 341taken for the actual voyage and the estimated time required to perform the 342first nominated voyage, the costs of the difference in bunker oil consump- 343tion and the difference, if any, in port charges at the respective ports.
34416.2. If on or after the Vesl’s arrival at or off the nominated loading port or 345discharging port there is a danger of the Vesl being frozen in, the Master 346shall be at liberty to proceed to the nearest safe and ice-free position and 347shall, at the same time, request the Charterers by radio for revid orders. 348Immediately upon receipt of such request, the Charterers shall give orders 349for the Vesl to proceed to an alternative safe, ice-free and accessible port 350where there is no danger of Vesl being frozen in and where there are faci-351lities for loading or discharging the cargo.
352If the Vesl is ordered to proceed to an alternative port, the sum in respect 353of freight and delay to be paid by the Charterers shall be as specified in sub-354clau 16.1., but if the Vesl loads or discharges at the nominated port 355then the whole of the time occupied from the time the Master’s request for 356revid orders has been received by the Charterers until completion of loa- 357ding or discharging shall count against free time or, if the Vesl is on de- 358murrage, for demurrage. Any delay caud by reasons of the Vesl being 359ordered to a port where there is da
nger of being frozen in shall count against 360free time or, if the Vesl is on demurrage, for demurrage.
36116.3. The Vesl not to be obliged to force ice nor to follow icebreakers. 36217. Dangerous Cargo
363If part of the cargo is of an inflammable, explosive or dangerous nature or 364condition or at any stage may develop into such nature or condition it must 365be packed and stored or stowed in accordance with IMO Dangerous Goods 366Code and/or other applicable regulations always to the full satisfaction of 367the Master. Any delay to the transportation in this respect shall be paid for 368
by the Charterers at the demurrage rate stipulated in Box 18. 36918. Lien
370The Owners shall have a lien on the cargo and any Charterers’ equipment 371for all freight and all other expens in relation to the transportation, dead- 372freight, advances, demurrage, damages for detention, general average and 373salvage including costs for recovering same. 37419. Substitution
375The Owners shall, at any time before the cancelling date, be entitled to sub- 376stitute the Ves
l named in Box 4 with another vesl of equivalent capabi- 377lity and capacity, provided such substitute vesl is approved by the Mari- 378ne Surveyor. Nothing herein shall be construed as imposing on the Owners 379an obligation to make such substitution.
江苏高考志愿填报时间380
20. Termination 381
20.1. Notwithstanding anything el provided herein, the Charterers shall 382have the right to terminate this Contract prior to the Vesl’s arrival at the 383first loading port against payment of the applicable amount stipulated in Box 38423 less any prepaid freight. 38520.2. Furthermore, the Charterers shall have the right to terminate this Con- 386tract after the Vesl’s arrival at the first loading port but not later than upon 387commencement of loading against payment of the applicable amount stipu- 388lated in Box 23 plus compensation for all time spent at the first loading port 389at the demurrage rate stipulated in Box 18 less any prepaid freight together 390with the actual expens incurred by the Owners in preparation for the loa- 391ding. 39220.3. If Box 23 is not filled in, this Clau shall not apply. 39321. Liability for Cargo - Bill of Lading or Cargo Receipt 394
21.1. Notwithstanding anything el contained herein, the Owners shall be 395liable for all loss or da
mage of whatsoever nature to or sustained by the Ves-396l, any liability in respect of wreck removal and the expen of moving, 397lighting or buoying the Vesl, and any liability in respect of death or injury 398of any of the Owners’ employees, rvants, agents or sub-contractors’ per- 399sonnel, and any liability in respect of other cargo on board not the subject of 400this Contract, all of which shall be for the sole account of the Owners without 401recour to the Charterers, their rvants or agents, and the Owners shall 402indemnify, defend and hold the Charterers harmless from and against any 403and all claims, loss, costs, damages and expens of every kind and na- 404ture including legal expens arising from the foregoing. 40521.2. Notwithstanding anything el contained herein, the Charterers shall 406be liable for all loss or damage or delay of whatsoever nature and howso- 407ever caud to or sustained by the cargo, including any property operated, 408owned, hired and/or lead by the Charterers on board, and any liability in 409respect of wreck removal and the expen of moving, lighting or buoying the 410cargo, and any liability in respect of death or injury of any of the Charterers’ 411employees, rvants, agents or sub-contractors’ personnel, or the Marine 412Surveyor(s) personnel, and all liabilities conquent upon loss, damage or 413delay to the cargo, all of which shall be for the sole account of the Charte- 414rers without recour to the Owners, their rvants or agents or insurers and 415the Charterers shall indemnify, defend and hold all the harmless from and 416against any and all claims, loss, costs, damages
and expens of every 417kind and nature including legal expens arising from the foregoing. 41821.3. The Owners and the Charterers shall agree and state in Box 24 whe- 419ther a Bill of Lading or a non-negotiable Cargo Receipt will be issued by Ow-420ners upon loading of the cargo. 421
*) 21.4. Bill of Lading
422(a) If, as stated in Box 24, the Owners have agreed to issue a Bill of Lading, 423same shall be as per the “Heavyconbill” form which shall incorporate all 424terms, conditions, liberties, claus and exceptions of this Contract, inclu- 425ding the Arbitration Clau. 426(b) The Owners shall not be liable for any loss, damage or delay to cargo in 427the period before loading and after discharge. 428(c) Unless otherwi agreed, the cargo shall be shipped on deck at Ship- 429per’s risk and the Owners not to be responsible for any loss or damage or 430delay to the cargo whatsoever and whether due to negligence of whosoever 431or howsoever arising and by whosoever caud, and the Bill of Lading is- 432sued hereunder shall be so claud. 433(d) If the cargo is shipped under deck, 434(i) The Hague Rules contained in the International Convention for the Unifi-435cation of Certain Rules relating to Bills of Lading, dated Brusls 25th 436August 1924, as enacted in the country of shipment shall apply to the 437Bills of Lading issued hereunder provided that when no su
ch enactment 438is in force in the country of shipment, the corresponding legislation of 439the country of destination shall apply, but in respect of shipments to 440which no such enactments are compulsorily applicable the terms of the 441
This document is a computer generated HEAVYCON form printed by authority of BIMCO. Any inrtion 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 expen as a result of discrepancies between the original BIMCO approved document and this computer generated document.
said Convention shall apply. 442
(ii) Trades where Hague-Visby Rules apply :
443Notwithstanding the provisions of sub-paragraph (i), in trades where 444the International Brusls Convention 1924 as amended by the Protocol 445signed at Brusls on 23rd February 1968 - the Hague-Visby Rules - 446apply compulsorily, the provisions of the respective legislation shall be 447considered incorporated in the Bills of Lading issued hereunder. 448
(iii) Trades where US COGSA apply:
449Notwithstanding the provisions of sub-paragraph (i), in trades where 450the US COGSA 1936 applies compulsorily, the provisions of the Act 451shall be incorporated in the Bills of Lading issued hereunder and shall, 452subject to sub-clau (b) above, apply to the period prior to loading and 453after discharging when the cargo is in the custody of the Owners. 454(iv) The Owners’ liability for delay during the transportation shall be limited 455in accordance with the applicable Hague or Hague-Visby Rules or US 456COGSA 1936 to the same extent as for cargo damage. 457
*) 21.5. Cargo Receiptunplug>contradiction
458(a) If, as stated in Box 24, the Owners have agreed to issue a non-negotiable 459Cargo Receipt, same shall be as per the “Heavyconreceipt” form incorpora- 460ting all terms, conditions, liberties, claus and exceptions of this Contract, 461including the Arbitration Clau. 462(b) It is expressly agreed that neither the Hague Rules nor the Hague-Visby 463Rules nor any statutory enactment thereof shall apply to this Contract and to 464the Cargo Receipt, unless compulsorily applicable, in which ca the Ow- 465ners take all rervations possible under such applicable legislation, rela- 466ting to the period before loading and after discharging and while the goods 467are in the charge
of another carrier, and to deck cargo. 468(c) Unless otherwi agreed, the cargo shall be shipped on deck at the 469Charterers’ risk and the Owners not to be responsible for any loss or dama- 470ge or delay to the cargo whatsoever and whether due to negligence of who- 471soever or howsoever arising and by whosoever caud, and the Cargo Re- 472ceipt issued hereunder shall be so claud. 473(d) If the cargo is shipped under deck, the Cargo Receipt shall be claud 474as per sub-clau (b) above. 475(e) The Cargo Receipt shall always be claud “All Risks Insurance has 476been placed for the full value of this cargo by the Charterers and in the name 477of the Charterers and the Owners.” 478*) Indicate alternative 21.4. (Bill of Lading) or 21.5. (Cargo Receipt), as agreed,479
in Box 24.
48022. Insurance 481
22.1. Without prejudice to the Charterers’ obligations and liabilities under 482this Contract, the Charterers shall take out and, in their name and at their ex-483pen, maintain at all material times and throughout the duration of this 484Contract a policy or policies of insurance in respect of all loss or damage to 485the cargo up to the full value of the cargo including but not limited to a policy 486or
policies comprising All Risks cargo cover and cover against liabilities to 487third parties (including liability in respect of death and injury and claims for 488conquential loss), and wreck removal of the cargo. The Charterers shall 489arrange at their expen that the Owners shall be named as co-insured un- 490der the said policy or policies of insurance and arrange that the underwri- 491ters waive the right of subrogation. The Charterers hereby agree to produce 492the original certificates of insurance maintained hereunder to the Owners or 493their appointed reprentatives when requested so to do. 49422.2. The Owners shall arrange at their expen such insurance(s) as re- 495quired to protect the Charterers against the Owners’ liabilities under Clau 49621.1. 497The Owners hereby agree to produce the original certificate(s) of insurance 498maintained hereunder to the Charterers or their appointed reprentatives 499when requested to do so. 50023. Himalaya Cargo Clau
501It is hereby expressly agreed that no rvant or agent of the Owners (includ- 502ing every independent contractor from time to time employed by the Own- 503ers) shall in any circumstances whatsoever be under any liability whatso- 504ever to the Shipper, Consignee or owner of the cargo or to any Holder of the 505Bill of Lading for any loss, damage or delay of whatsoever kind arising or re- 506sulting directly or indirectly from any act, neglect or default on their part 507while acting in the
cour of or in connection with their employment and, but 508without prejudice to the generality of the foregoing provisions in this Clau, 509every exemption, limitation, condition and liberty herein contained and 510every right, exemption from liability, defence and immunity of whatsoever 511nature applicable to the Owners or to which the Owners are entitled here- 512under shall also be available and shall extend to protect every such rvant 513or agent of the Owners acting as aforesaid and for the purpo of all the fo- 514regoing provisions of this Clau the Owners are or shall be deemed to be 515acting as agent or trustee on behalf of and for the benefit of all persons who 516
are or might be their rvants or agents from time to time (including inde- 517pendent contractors as aforesaid) and all such persons shall to this extent 518be or be deemed to be parties to this Contract.
519The Owners shall be entitled to be paid by the Shipper ,Consignee, owner of 520the cargo and/or Holder of the Bill of Lading (who shall be jointly and ve- 521rally liable to the Owners therefor) on demand any sum recovered or reco- 522verable by either such Shipper, Consignee, owner of the cargo and/or Hol- 523der of the Bill of Lading or any other from such rvant or agent of the Own- 524ers for any such loss, damage, delay or otherwi.
525
sausage是什么意思24. Both-to-Blame Collision Clau 526
If the Vesl comes into collision with another vesl as a result of the neg- 527ligence of the other vesl and any act, neglect or default of the Master, 528mariner, pilot or the rvants of the Owners in the navigation or in the mana-529gement of the Vesl, the owners of the cargo carried hereunder will indem- 530nify the Owners against all loss or liability to the other or non-carrying vesl 531or her Owners in so far as such loss or liability reprents loss of, or damage 532to, or any claim whatsoever of the owners of the said cargo, paid or payable 533by the other or non-carrying vesl or her Owners to the owners of said 534cargo and t-off, recouped or recovered by the other or non-carrying ves- 535l or her Owners as part of their claim against the carrying vesl or Own- 536ers. 537The foregoing provisions shall also apply where the owners, operators or 538tho in charge of any vesl or vesls or objects other than, or in addition 539to, the colliding vesls or objects are at fault in respect of a collision or 540contact. 54125. General Average and New Jason Clau
542General Average shall be adjusted and ttled at the place indicated in Box 54325 according to t
he York/Antwerp Rules, 1974, or any modification thereof, 544but if, notwithstanding the provisions specified in Box 25, the adjustment is 545made in accordance with the law and practice of the United States of Ame- 546rica, the following clau shall apply:
547“In the event of accident, danger, damage or disaster before or after the 548commencement of the voyage, resulting from any cau whatsoever, whe- 549ther due to negligence or not, for which, or for the conquence of which, 550Owners are not responsible, by statute, contract or otherwi, the goods, 551shippers, consignees or owners of the goods shall contribute with Owners 552in general average to the payment of any sacrifices, loss or expens of a 553general average nature that may be made or incurred and shall pay salvage 554and special charges incurred in respect of the goods. If a salving Vesl is 555owned or operated by Owners, salvage shall be paid for as fully as if the said 556salving Vesl or vesls belonged to strangers. Such deposit as Owners, 557or their agents, may deem sufficient to cover the estimated contribution of 558the goods and any salvage and special charges thereon shall, if required, 559be made by the goods, shippers, consignees or owners of the goods to 560Owners before delivery”. 56126. Strike
56226.1. Responsibility. Neither the Charterers nor the Owners shall be respon- 563sible for the conquences of strike or lock-out preventing or delaying the 564fulfilment of any obligation under th
is Contract.
56526.2. Loading port. In the event of strike or lock-out affecting the loading of 566the cargo, or any part of it, when the Vesl is ready to proceed from her last 567port or at any time during the voyage to the port or ports of loading or after 568her arrival there, the Owners may ask the Charterers to declare that they 569agree to count the time as if there were no such hindrance. Unless the Char-570terers have given such declaration in writing (by telegram, if necessary) 571within 24 hours, the Owners shall have the option of cancelling this Con- 572tract. If part cargo has already been loaded, the Vesl must carry it to the 573port of discharge, freight payable in full. Any savings or net profit in complet- 574ing with other cargo shall be credited to the Charterers.
57526.3. Expected strike. In the event of strike or lock-out which can reasonably 576be expected - before the loading has commenced - to affect the discharge 577of cargo, the Owners are at liberty to cancel this Contract unless the Char- 578terers declare (within 24 hours of receipt of Owners’ notification of intended 579cancellation) that they agree to count the time at port of discharge as if there 580were no such hindrance, without prejudice to the Charterers’ right of order- 581ing the Vesl to a substitute port of discharge in accordance with sub- 582clau 26.4. Time for loading does not count in the said 24 hours.
58326.4. Discharging port. In the event of strike or lock-out affecting the dis- 584charging of the cargo on or after Vesl’s arrival at or off the port of dis- 585charge, the Charterers shall have the option of keeping the Vesl waiting 586up to maximum 7 days against paying demurrage after the expiration of the 587time provided for discharging or of ordering the Vesl to a safe port where 588she can safely discharge without risk of being detained by strike or lock- 589out. Such orders to be given within 48 hours after the Owners have given no-590
