F i r s t p u b l i s h e d 1988. R e v i s e d 1998 a n d 2009.
SHIPMAN 2009
STANDARD SHIP MANAGEMENT AGREEMENT
PART I
1. Place and date of Agreement
协议签署地点和日期
2. Date of commencement of Agreement (Cls.2, 12, 21 and 25)
协议生效日期
3. Owners (name, place of registered office and law of registry)(Cl.1)
4. Managers (name, place of registered office and law of registry)(Cl.1)
(i) Name:
(i) Name:
(ii) Place of registered office: (ii) Place of registered office:
(iii) Law of registry: (iii) Law of registry:
5. The Company (with reference to the ISM/ISPS Codes)(State name and IMO
Unique Company Identification number. If the Company is a third party then also state registered office and principal place of business)(Cls.1 and 9(c)(i))
6. Technical Management (state “yes ” or “no ” as agreed)(Cl.4)
技术管理
(i) Name:
7. Crew Management (state “yes ” or “no ” as agreed)(Cl.5(a))
船员管理
(ii) IMO Unique Company Identification number:
(iii) Place of registered office:
8. Commercial Management (state “yes ” or “no ” as agreed)(Cl.6)
商业管理
(iv) Principal place of business:
9. Chartering Services period (only to be filled in if “yes ’ stated in Box 8)
租船服务期限
10. Crew Insurance arrangements (state “yes ” or “no ” as agreed)船员保险安排
(i) Crew Insurances* (Cl.5(b)):
(ii) Insurance for persons proceeding to a onboard (Cl.5(b)(i)): *only to apply if Crew Management (Cl.5(a)) agreed (e Box 7) 11. Insurance arrangement (state “yes ” or “no ” as agreed)(Cl.7)
保险安排
12. Optional insurances (state optional insurance(s) as agreed, such as piracy,
kidnap and ransom, loss of hire and FD & D)(CL. 10(a)(iv))
可选保险(海盗，和赎金，租金损失和抗辩责任险)
13. Interest (state rate of interest to apply after due date to outstanding sums)
(Cl. 9(a))
利息(到期未偿款的法定利率)
14. Annual management fee (state annual amount)(Cl. 12 (a))
C o p y r i g h t , p u b l i s h e d b y B I M C O , C o p e n h a g e n
15. Manager ’s nominated account (Cl. 12(a))
16. Daily rate (state rate for days in excess of tho agreed in budget)(Cl. 12(c))
17. Lay-up period / number of months (Cl.12(d))
18. Number of months termination period (Cl. 21(a))
19. Management fee on termination (state number of months to apply)(Cl. 22(g))
20. Severance Costs (State maximum amount)(Cl.22 (h)(ii)) 遣散费
21. Dispute Resolution (state alternative Cl. 23(a), 23(b) or 23(c); if Cl. 23(c) place
of arbitration must be stated)(Cl. 23)
争议解决
continued
(continued)
汽车保险费It is mutually agreed between the party stated in Box 3 and the party stated in Box 4 that this Agreement consisting of PART l and PART ll as well as Annexes “A” (Details of Vesl or Vesls), “B” (Details of Crew), “C” (Budget), “D” (Associated Vesls) and “E” (Fee Sch edule) attached hereto, shall be performed subject to the conditions contained herein. In the event of a conflict of conditions, the provisions of PART l and Annexes “A”, “B”, “C”, “D” and “E” shall prevail over tho of PART ll to the extent of such conflict but no further.(当发生冲突时，PATE 1和附件A-E的条款优先于PART II)
PART II
SHIPMAN 2009
Standard ship management agreement
1. Definitions
In this Agreement save where the context otherwi requires, the following words and expressions shall have the meanings hereby assigned to them:
在本协议中，除文义另有所指外，下列词汇及词语具有本文所赋予的含义
“Company” (with reference to the ISM Code and the ISPS Code) means the organization identified in Box 5 or any replacement organization appointed by the Owners from time to time (e Sub-claus 9(b)(i) or 9(c)(ii), whichever is applicable).
“Crew” means the personnel of the numbers, rank and nationality specified in Annex “B” hereto.
“Crew Insurances” means insurance of liabilities in respect of crew risks which shall include but not be lim ited to death, permanent disability, sickness, injury, repatriation, shipwreck unemployment indemnity and loss of personal effects (e Sub-clau 5(b) (Crew Insurances) and Clau 7 (Insurance Arrangements) and Clau 10 (Insurance Policies) and Boxes 10 and 11).
“船员保险”意味着船员的风险，包括但不限于：死亡、永久伤残、疾病、伤害、遣返、船舶灭失补偿和个人财务损失等
“Crew Support Costs” means all expens of a general nature which are not particularly referable to
any individual vesl for the time being managed by the Managers and which are incurred by the Managers for the purpo of providing an efficient and economic management rvice and, without prejudice to the generality of the foregoing, shall include the cost of crew standby pay, training schemes for officers and ratings, cadet training schemes, sick pay, study pay, recruitment and interviews.
画正方体怎么画船员支持费用
指管理人就提供高效率及合乎经济原则的管理服务而引致的所有一般开支，但未能清楚
分摊至管理人当时所管理的任何个别船舶。在不损害前述规定的一般性的原则下，有关开支包括候命船
员薪金、高级船员和普通船员培训计划、见习船员培训计划、病假薪金、进修假期薪金、招聘及面试成
本
“Flag State” means the State who flag the Vesl is flying.
“ISM Code” means the International Management Code for the Safe Operation of Ships and for Pollution Prevention and any amendment thereto or substitution therefor.
“ISPS Code” means the International Code for the Security of Ships and Port Facilities and the relevant amendments to Chapter XI of SOLAS and any amendment thereto or substitution therefor.
“Managers” means the party identified in Box 4.
“Management Services” means the rvices specified in SECTION 2 - Services (Claus 4 through 7) as indicated affirmatively in Boxes 6 through 8, 10 and 11, and all other functions performed by the Managers under the terms of this Agreement.
“Owners” means the party identified in Box 3.
“Severance Costs” means the costs which are legally required to be paid to th e Crew as a result of the early termination of any contracts for rvice on the Vesl.
"指雇主因提前终止于船舶上服务的雇用合约而须依法支付予船员或就船员所支付的费用。
“SMS” means the Safety Management System (as defined by the ISM Code).
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“STCW 95” means the International Convention on Standa rds of Training, Certification and Watchkeeping for Seafarers, 1978, as amended in 1995 and any amendment thereto or substitution therefor.
“Vesl” means the vesl or vesls details of which are t out in Annex “A” attached hereto.
2. Commencement and Appointment
With effect from the date stated in Box 2 for the commencement of the Management Services and continuing unless and until terminated as provided herein, the Owners hereby appoint the Managers
and the Managers hereby agree to act as the Managers of the Vesl in respect of the Management Services.
自PART1第二栏载明的日期起直到本协议终止时，船东在此指定管理公司，并且管理公司在此同意作为船舶的管理公司。
3. Authority of the Managers
Subject to the terms and conditions herein provided, during the period of this Agreement the Managers shall carry out the Management Services in respect of the Vesl as agents for and on behalf of the Owners. The Managers shall have authority to take such actions as they may from time to time in their absolute discretion consider to be necessary to enable them to perform the Management Services in accordance with sound ship management practice, including but not limited to compliance with all relevant rules and regulations.
在本协议所载条款及条件的规限下，在本协议期间，管理人须以船东代理人的身分代表船东执行船舶的
管理服务。管理人有权采取他们不时全权酌情认为必要的有关行动，以便按照有效的船舶管理实务履行
本协议。
PART II
SHIPMAN 2009
Standard ship management agreement
4. Technical Management
(only applicable if agreed according to Box 6).
The Managers shall provide technical management which includes, but is not limited to, the following rvices:
(a) ensuring that the Vesl complies with the requirements of the law of the Flag State;
(b) ensuring compliance with the ISM Code;
(c) ensuring compliance with the ISPS Code;
(d) providing competent personnel to supervi the maintenance and general efficiency of the Vesl;
(e) arranging and supervising dry dockings, repairs, alterations and the maintenance of the Vesl to the知更鸟蛋
standards agreed with the Owners provided that the Managers shall be entitled to incur the necessary expenditure to ensure that the Vesl will comply with all requirements and recommendations of the classification society, and with the law of the Flag State and of the places where the Vesl is required to trade;
(f) arranging the supply of necessary stores, spares and lubricating oil;
(g) appointing surveyors and technical consultants as the Managers may consider from time to time to be
necessary;
(h) in accordance w ith the Owners’ instructions, supervising the sale and physical delivery of the Vesl under
the sale agreement. However rvices under this Sub-clau 4(h) shall not include negotiation of the sale agreement or transfer of ownership of the Vesl;
根据船东的要求，按照买卖协议监督船舶的出售和实物交割，但不包括出售协议的谈判或船舶所有权的转让。
(i) arranging for the supply of provisions unless provided by the Owners; and
(j) arranging for the sampling and testing of bunkers.
5. Crew Management and Crew Insurances
(a) Crew Management
(only applicable if agreed according to Box 7)
The Managers shall provide suitably qualified Crew who shall comply with the requirements of STCW 95.
The provision of such crew management rvices includes, but is not limited to, the following rvices:
(i) lecting, engaging and providing for the administration of the Crew, including, as applicable, payroll
arrangements, pension arrangements, tax, social curity contributions and other mandatory dues related to their employment payable in each Crew member’s country of domicile;
(ii) ensuring that the applicable requirements of the law of the Flag State in respect of rank, qualification and certification of the Crew and employment regulations, such as Crew’s tax and social insurance, are satisfied;
(iii) ensuring that all Crew have pasd a medical examination with a qualified doctor certifying that they are fit for the duties for which they are engaged and are in posssion of valid medical certificates issued in accordance with appropriate Flag State requirements or such higher standard of medical examination as may be agreed with the Owners. In the abnce of applicable Flag State requirements the medical certificate shall be valid at the time when the respective Crew member arrives on board the Vesl and shall be maintained for the duration of the rvice on board the Vesl;
(iv) ensuring that the Crew shall have a common working language and a command of the English la
nguage of a sufficient standard to enable them to perform their duties safely;
(v) arranging transportation of the Crew, including repatriation;
(vi) training of the Crew; 43
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