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 23 – Lien This is the usual lien clause granting the Owners and the Charterers a lien for their respective claims against each other. 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.
A breach of the obligation to maintain and repair the barge may entitle the Owners to withdraw the barge if the Charterers fail to effect repairs, etc. Clause 11 – Inventories and Consumable Oil and Stores 2008 Clause provides for the drawing up of inventories and the taking over of consumable oil and stores at delivery and redelivery. 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.
Clause 26 – Bank Hargehire This Clause, which is self-explanatory, is an optional clause and therefore only applicable if Box 28 is filled in. In this example, therefore, and in order to comply with this provision, the Charterers, on 1 February,narrow down the delivery period to I March to 30 April, In order to match the Charterers’ requirements for a wide initial period with the Owners’ need to ensure that their barge is efficiently utilised, sub-clause 6 b referred to in Box 2080 provides a built-in mechanism for narrowing down the period within which the barge is eventually to be placed at the Charterers’ disposal.
In particular, in case of short-term charters it has not been felt appropriate that renewal of class should always fall upon the Charterers. No data was found.
The Charterers shall therefore bargehiree the Owners of the exact delivery date 45 days prior to 15 April, This Clause, which is self-explanatory, is an optional clause and therefore only applicable if Box 28 is filled in. Clause 20 – Redelivery According to the first paragraph of this Clause the port or place of redelivery agreed shall be indicated in Box In order to strike the right balance in this Clause and because the Charterers most likely will have to change the technical calculations etc.
Contact IT support on: 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.
Clause 22 – Non-Lien and Indemnity The purpose of this Clause is to prevent the Charterers from financing their operation by offering suppliers a maritime lien on the barge. Clause 21 – Early Redelivery This Clause is self-explanatory.
There may, however, be certain problems as to the right of placing such additional insurance, for instance, according to national legislation or because the insurers of the vessel may either refuse or put a certain limit on such additional insurance cover. Dangerous Goods Declaration 1. 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 has been felt reasonable to allow interest in case of late payments whether the delay is caused by the Charterers’ own fault or negligence or by unforseen bagrehire. In a standard charter party intended for use on a worldwide basis, it has not been considered reasonable to let the charter party be bargehlre by one law system only or to fix only one venue of arbitration which may restrict the use of the charter party in practice.
Contracts of afreightment 4. Clause 6 – Time for Delivery It is common practice in the industry for barge bareboat charters to be entered into a long 20088 before the charter period is expected to run and the actual dates known.
Sub-clause 15 f leaves it to the contracting parties to negotiate the interest rate to apply and to fill in Box 25, bargehiree. Standard Escrow Agreement for Disputes. If the Owners wish to exercise this option they shall notify the Charterers thereof no later than 15 days prior to the delivery date.
Sale and purchase 9.
Whilst subclause 16 i f does not cover the wide range of possibilities and difficulties which may be envisaged, it does remind the parties of the problem and, moreover, prescribes the amount of such additional insurance to be stated barehire Box 31 and Box 32, respectively. This Clause provides for the drawing up of inventories and the taking over of consumable oil and stores at delivery and redelivery.
Against this background, this paragraph also provides that as from the time the assignment has become effective the Owners shall be relieved from all obligations and liabilities under the charter, provided that the Charterers have been properly informed.
In order to register for updates, you will need to login. 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.
Unless the contractual parties have agreed under sub-clause 16 i k that the Owners shall keep the barge with unexpired classification, sub-clause 13 a provides that it is the Charterers who shall maintain the barge’s class as indicated in Box This Clause deals bargheire the usual on-hire survey and off-hire bargeuire to be carried out by a mutually acceptable qualified marine surveyor and, moreover, the allocation of costs and time connected thereto.
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 bsrgehire the barge insured for marine, war, and protection and indemnity risks.
This would mean that bargeihre 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.
These points are covered in sub-clauses 15 a and 15 b whereas subclause 15 c sets out how fractional hire should be calculated if the first and last month’s hire bargeuire less than a full month. Bargehirw main idea of the division of the charter into two parts is to leave the printed text of Part II unaltered. The boxes contain a brief description of the particular item and a reference to the relevant clauses in the printed body of the charter Part II. English law and arbitration in London will automatically apply.
When negotiating the charter terms, Box 18 will also have to be filled in with the delivery period notification scheduleas follows:. Read the latest edition now Read previous digital issues. To view this document click. In addition, the Charterers have a right to bargehird the charter period according to Clause 2 sub-clause b or to shorten it according to Clause 21 Early Redelivery.
Maritime Files – Standard Barge charter party BARGEHIRE
It goes without saying that this grace period is intended to be applied in exceptional situations only and it does not. It was understood that the offshore barge industry is a highly sophisticated trade with a large volume of chartering done on a global basis.
In this Box details on the currency and method of bxrgehire as well as when and where the fee is payable should also be filled in. The provision should be seen against the background that, under a barge bareboat charter, the Owners have no influence on, nor are they responsible for, the management and the operation of the barge.
Sub-clause 13 a also takes into consideration that unforeseen requirements for structural changes or new costly equipment may arise under a long-term charter, especially as a result of new international regulations, and the question therefore is which of the contractual parties should bear this potentially heavy burden.
A distinction has been made between claims for damages caused by late delivery of the barge and, those caused by non-delivery resulting in subsequent cancellation of the charter. 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. Norway and The Netherlands tend to dominate the barge owning industry within Bargehirw, although there are also a number of major owners in the UK and Germany.
It is important that the date of the last special survey is indicated in Box Please either try again later, or use the contact form to let us know.