BARGEHIRE 2008 PDF
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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Clause 8 – Trading Limits According to this Clause, the Charterers undertake not to employ the barge under terms which are not in conformity with the terms of insurance without first having obtained the consent to such employment bargehre the insurers. Clause 20 – Redelivery According to the first paragraph of this Clause the port or place of redelivery agreed shall be indicated in Box In line with common practice within bareboat chartering, and as a practical measure, it has been decided that the charter hire should barfehire 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.
It is expected that a new standard barge bareboat charter developed by BIMCO will ensure a wide international acceptance, the aim being to develop a balanced, concise and practical document which takes into account all the peculiarities of the trade.
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. The main idea of the division of the charter into two parts is to leave the printed text of Part II unaltered. Accordingly, it has been specified that the compensation provided for in this Clause shall be the Owners’ sole financial remedy for damages arising out of late redelivery, unless the late redelivery is caused by the Charterers’ negligence or wilful misconduct.
Clause 30 – Law and Arbitration In a standard charter party intended for use on a worldwide basis, it has not been considered reasonable to let the charter party be governed by one law system only or to fix only one venue of arbitration which may restrict the use of the charter party in practice. Pursuant to this Clause the Owners undertake to deliver the barge described in Boxes 5 to 12 of Part I.
The contracting parties may agree that days i.
In order to register for updates, you will need to login. It is, of course, important to determine and agree in the contract the value of the vessel for the purpose of insurance bargehirf and such sum as may be agreed between the parties should be stated in Box 30 according to sub-clause 16 i j. Clause 5 – Substitution It has been found useful to include a substitution provision giving the Owners a right to substitute the barge described in Part I with an equivalent barge suitable for the purpose of the charter in question.
It is of major importance for the Charterers’ use of the barge, in particular within the offshore 20008, that the details of the barge provided by the Owners are accurate. English law and arbitration in London will automatically apply. Clause 13 – Maintenance and Operation One of the significant consequences of bareboat chartering is that during the bargdhire charter period the barge is under complete control and at the absolute disposal of the Charterers.
Clause 7 – Cancelling Non-delivery of bargehirre 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 industry.
Maritime Files – Standard Barge charter party BARGEHIRE
Reference is made to the observations made under Clause 5 Substitution. Hence the provision that, if requested by the Charterers, the Owners may provide a ballast engineer at the expense of the Charterers. Clause 2 – Period of Charter Party Sub-clause b provides the Charterers with the right to extend the charter party by up to one-third of the agreed charter period or 45 days, whichever is the lesser. Clause 16 – Insurance, Repairs and Classification Sub-clause 16 i In the bareboat chartering of barges, and contrary to what is usually the case as regards bareboat chartering of vessels, it is practice that the Owners arrange and keep the barge insured for marine, war, and protection and indemnity risks.
Sub-clause 16 i In the bareboat chartering of barges, and contrary to what is usually the case as regards bareboat chartering of vessels, it is practice that the Owners arrange and keep the barge insured for marine, war, and protection and indemnity risks. As in sub-clause 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. 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.
It is intended, and hence provided, that such a substitution shall have no effect on the terms and conditions under the charter, inasmuch as any additional costs associated with preparation of the substituting barge shall be for the Owners’ account. 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.
Thus, this paragraph provides that late redelivery shall entitle the Owners to the agreed charter rate or to the market rate for the period in question, whichever is the higher, increased by the lump sum penalty to be stated in Box 20 also applicable at late delivery. The Charterers shall therefore notify the Owners of the exact delivery date 45 days prior to 15 April, This would mean that days prior to 1 Bargeihre, the first day of the previous declared delivery period the Charterers shall narrow down further the delivery period to vargehire days.
Clause 15 bargehiree Hire In line with common practice within bareboat chartering, and as a practical measure, it has been decided baggehire 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 bargenire of each month. Your Message Providing us with as much detail as possible will help us to deal with your enquiry quickly.
Regarding sub-clause 16 i kit has been considered reasonable that when this applies, the Owners shall also keep the bsrgehire with unexpired classification in force during the entire charter period reference is made to the comments made under Clause 13 sub-clause a.
As follows from sub-clause 30 dif Box 35 is not filled in, sub-clause a of this Clause i. Sub-clause 16 ii It should be stressed that sub-clause 16 ii is optional and is only to apply if expressly agreed and stated in Box 29, in the event of which sub-clause l6 i shall be considered deleted.
Bargehire Standard Barge Charter Party with Explanatory Notes – Google Books
An example would be that in April,the Owners and the Charterers agree on an initial delivery period “window” from I Februaryto 30 April 90 days. This is the usual lien clause granting the Batgehire and the Charterers a lien for their respective claims against each other. To view this document click. Thus, this sub-paragraph gives the Owners a right to sell the barge bargehkre the Charterers’ consent, which shall not be unreasonably withheld, has been obtained.
If, therefore, subclause 16 i is applicable, i.
This latter approach has been chosen in order to avoid possible dispute as to the current market rate. Clause 12 – Inspection 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.
According to the first paragraph of this Clause the port or place of redelivery agreed shall be indicated in Box The Charterers may not always possess sufficient expertise and experience to conduct the operations mentioned and, above all, the ballast engineer would typically be familiar with that particular barge.
Moreover, an attempt has been made to make it clear that any default by the Charterers in the payment of hire beyond the grace period shall amount to repudiation of the Charter Party which shall entitle the Owners to withdraw the barge and to claim damages for costs and losses incurred as a consequence of such default. Priority news Press release News story Contract. If the Owners wish to exercise this option they shall notify the Charterers thereof no later than 15 days prior to the delivery date.
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.
According to sub-clauses 16 ii c and 16 ii d the responsibility to effect repairs, including repairs not covered by the insurance, for instance, bargehure to franchise or deductibles applicable under the terms of the insurances, also rests with the Charterers. Clause 26 – Bank Guarantee This Clause, which is self-explanatory, is an optional clause barfehire therefore only applicable if Box 28 is filled in.
Standard Escrow Agreement for Disputes 1. Bargehiree dates should be stated in Box 17 and they constitute the period within which the barge will eventually be placed at the Charterers’ disposal. Contact us online Contact us by phone. Bills of lading Agency Appointment Agreement 1.
However, it appears to be common practice in the barge industry to contractually limit the Owners’ liability towards the Charterers in the event of non-fulfilment of their obligations to deliver the barge resulting in claims gargehire against the Charterers by third parties. BIMCO has revised and updated its two standard ship repair contracts: Please either try again later, or use the contact form to let us know.