GTA Voyage Charter - AusGrain 2015

1. Shipbroker Grain Trade Australia Voyage Charter 2015 - AusGrain

2015
Part I
2. Place and Date

3. Owners/Place of business (Cl. 1) 4. Charterers/Place of business (Cl. 1)

5. Vessel's name (Cl. 1) 6. GT/NT (Cl. 1)

7. DWT all told on summer load line in metric tons (abt) (Cl. 1) 8. Present position (Cl. 1)

9. Shipment Period (Cl. 9)

10. Loading range, port or place (Cl. 1) 11. Discharging port or place (Cl. 1)

12. Cargo (also state quantity and margin in Owners' option, if agreed; if full and complete cargo not agreed state "part cargo") (Cl. 1)

13. Shippers (Cl. 2) 14. Nomination (Cl.9)

a) Length of Final Laycan:
b) No. of days’ notice of Final Laycan prior to first day of Final Laycan:
c) No. of day notice of nomination of carrying Vessel prior to first day of
Shipment Period:

15. Freight rate (also state whether freight prepaid or payable on delivery 16. Freight payment (state currency and method of payment; also beneficiary
(Cl. 1) and bank account) (Cl. 7)

17. Maximum Age of Vessel (Cl. 16.1(d)) 18. Laytime (Cl. 19)

19.[left intentionally blank] a) Loading Rate

20. Agents (loading) (Cl. 18) (b) Laytime for discharging

___________________________________________________
21. Agents (discharging) (Cl.18)
c) Total laytime for loading and discharging

22. Demurrage rate and manner payable (loading and discharging) 23. General Average to be adjusted (Cl. 34)
(Cl. 21)

24. Brokerage commission and to whom payable (Cl. 37)

25. Additional clauses covering special provisions, if agreed

Signature (Owners) Signature (Charterers)

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It is mutually agreed that this Contract shall be performed subject to the conditions contained in this Charterparty which shall include Part I as well
as Part II. In the event of a conflict of conditions, the provisions of Part I shall prevail over those of Part II to the extent of such conflict.
Charterers for loading port orders 96 hours before 70
1. Introduction 1 arriving in the loading area in Box 10 and orders for 71
The Owners (in Box 3) of the Vessel (in Box 5), of the 2 loading port shall be given by the Charterers within 48 72
GT/NT indicated in Box 6 and with the number of tonnes of 3 hours of receipt of the Owners' application. 73
deadweight capacity all told on summer loadline stated in 4 9.2 The Charterers to give notice as stated in Box 14 74
Box 7, now in position as stated in Box 8 and the 5 narrowing the Shipment Period in Box 9 to a Final 75
Charterers (Box 4) agree that: 6 Laycan of at least the number of days specified in 76
As soon as her prior commitments have been completed 7 Box 14 (all within the Shipment Period in Box 9). The 77
the said Vessel being in every way fitted for the voyage will, 8 Final Laycan will only be varied by written consent of 78
as directed by the Charterers, proceed with all convenient 9 both the Owners and the Charterers. 79
speed to the loading range, ports(s) or place(s) stated in 10 9.3 Where Box 5 is completed "TBN" or equivalent, the 80
Box 10 (from the range of ports listed in clause 3) or so 11 Owners shall nominate a Vessel as required in Box 81
near thereto as she may safely get and lie always afloat, 12 14 before the first day of the Shipment Period in Box 82
and there load a cargo of grain in bulk as stated in Box 12 13 9, such notice to be given to the Shippers and the 83
(grades to be naturally separated to fit the Vessel's holds, if 14 Charterers within the Charterers' normal office hours 84
more than one grade) which the Charterers bind 15 (Monday to Friday 0900hrs to 1700 hours local time, 85
themselves to ship, and being so loaded, the Vessel shall 16 holidays excluded). Any nomination received outside 86
proceed with all convenient speed to the discharging port(s) 17 these hours will be deemed to be received at 0900 on 87
or place(s) stated in Box 11 as ordered on completion of 18 the next working day. 88
loading, or so near thereto as she may safely get and lie 19 9.4 The Charterers may within 24 hours of receipt accept 89
always afloat, and having been paid freight at the rate 20 or reject any nomination that includes the words "or 90
specified in Box 15 there deliver the cargo. 21 substitute" or "to be nominated" or words of similar 91
intent. 92
2. Shippers 22
In this Charterparty Shippers means the party named in 23 9.5 Any rejection by the Charterers of the Owners' 93
Box 13. 24 nomination shall not affect the Owners' obligation to 94
comply with this Charterparty. The Owners shall re- 95
3. Loading Port Range 25 nominate promptly, such re-nominated vessel being 96
Fremantle, Geraldton, Albany, Esperance (in Western 26 in all respects fitted and suitable to perform the 97
Australia), Port Giles, Wallaroo, Port Lincoln, Port Adelaide, 27 voyage, to arrive, ready in all respects to load the 98
Thevenard (in South Australia), Geelong, Portland, 28 cargo and perform this voyage as per the terms and 99
Melbourne (in Victoria), Port Kembla, Newcastle (in New 29 conditions of this Charterparty before the last day of 100
South Wales), Brisbane, Gladstone, Mackay (in 30 the Final Laycan. 101
Queensland). 31
10. Substitution 102
4. Shifting of Vessel 32 10.1 Without affecting the Owners' obligations or the 103
The Charterers have the option of ordering the Vessel to 33 Charterers' rights under this Charterparty the Owners 104
shift loading berths at the Owners' expense on one 34 may nominate a substitute vessel if: 105
occasion at each loading port. All time used for shifting 35 (a) the proposed substitute vessel arrives ready in all 106
between first and any subsequent loading berths counts as 36 respects to load the cargo and perform this voyage as 107
laytime or demurrage, if on demurrage. If the Vessel is 37 per the terms and conditions of this Charterparty 108
ordered to shift by any port authority all costs of and in 38 before the last day of the Final Laycan of the original 109
connection with such orders must be paid by the Owners 39 vessel and otherwise complies with the requirements 110
and all time used is not to count as laytime or time on 40 and procedures contained in clause 20, subject 111
demurrage, even if on demurrage. 41 always to the Charterers' rights set out in that clause; 112
and 113
5. Capacity and tolerance 42 (b) the proposed substitute vessel has been 114
The Owners warrant that the Vessel is able to load the 43 nominated to Shippers and the Charterers at least 115
Cargo with a tolerance stated in Box 12 more or less at the 44 twelve (12) clear days before commencement of the 116
Owners' option. 45 laycan period; and 117
(c) the Charterers' agreement in writing has been 118
6. Cargo Responsibility 46 given to such substitution, such agreement not to be 119
6.1 The Charterers shall at their expense procure the 47 unreasonably withheld. 120
delivery of Cargo from the silo at the loading port, into 48 The Owners warrant that any substitute vessel 121
the Vessel's holds, loaded, stowed and spout 49 nominated under clause 10.1 will comply in all 122
trimmed. 50 respects with the requirements of this Charterparty. 123
6.2 Loading and discharging of Cargo (including covering 51 10.2 The Charterers have 24 hours from receipt of 124
and uncovering of hatches) will at all times be under 52 Owners’ nomination in which to reject any proposed 125
the direction and supervision of the Master and the 53 substitute vessel that does not meet the requirements 126
Owners. 54 of this Charterparty. 127

7. Freight 55 11. The Owners' Obligations 128

Freight is payable at the rate in Box 15 per tonne of 1,000 56 11.1 The Owners shall at all times:- 129
kilos according to Bill of Lading weight (refer to clause 22) 57 130
in accordance with the particulars in Box 16. 58 (a) ascertain the applicable physical and operational 131
59 requirements for loading and discharging port(s); and 132
(b) procure that the Vessel complies at all times with 133
8. Deadfreight 60 such requirements. 134
Bill of Lading weight is to be determined by silo weight 61 11.2 If the Owners or the Master cause or permit the 135
figures, which are to be final and binding for the purposes of 62 Vessel to be loaded so that the Vessel has on arrival 136
clauses 7 and 22. No deadfreight is ever payable in 63 at any discharging port a draft in excess of the 137
respect of any voyage performed under this Charterparty 64 permissible entry draft at that port the Owners must 138
provided the Charterers make available the Cargo specified 65 promptly notify the Charterers in writing and:- 139
in Box 12 including tolerance at the Owners' option as 66 (a) the Charterers have the right (acting reasonably) 140
specified in Box 12. 67 to require the Vessel to proceed to that port, or to any 141
other port or place, for the purpose of lightening 142
9. Nomination 68 and/or to discharge (including part discharge); and 143
9.1 If proceeding in ballast the Owners shall apply to the 69 (b) the Owners must promptly pay the costs of 144

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lightening and all other additional costs incurred 145 Owners' account. Time spent for all surveys under 219
because of the Vessel's excess draft. Time spent due 146 clause 15.1 is not to count as laytime or demurrage if 220
to the Vessel having excess draft does not count as 147 on demurrage. An officer/surveyor appointed under 221
laytime or demurrage, even if on demurrage. 148 clause 15.1 is to attend on board at anchorage within 222
11.3 The Owners indemnify and hold the Charterers 149 24-hours after the Vessel's arrival weather permitting 223
harmless against any loss or damage resulting from a 150 or otherwise as soon as is practical after weather 224
breach by the Owners of any obligation under this 151 permits or if attendance at anchorage is otherwise not 225
clause 11. 152 possible then as soon as possible after berthing of 226
11.4 This clause does not affect and is not affected by 153 the Vessel. 227
clause 24. 154
16. Vessel Requirements 228
12. Notices 155 16.1 Vessel will present for loading free from loose rust, 229
12.1 Notices and any other communications from the 156 scale, infestation and/or contamination by previous 230
Owners to the Charterers or to the Shippers must be 157 cargoes and suitable in every respect for the loading, 231
by email or fax. 158 carriage and discharge of the permissible cargoes 232
12.2 At loading, any NOR must also be sent to the 159 under this Charterparty. 233
Shippers' agent at the relevant loading port by email 160 16.2 The Owners warrant that the Vessel is, when 234
or fax. 161 nominated, and will remain at all times throughout the 235
12.3 At discharging, any NOR must be sent to the 162 performance of this Charterparty:- 236
Receivers (or their nominated agents) at the relevant 163 (a) seaworthy, tight, staunch and strong and in every 237
discharging port by email or fax. 164 way fitted for the voyage and to safely enter, berth, 238
lay alongside, load and discharge and depart always 239
13. Notices by Master 165 safely afloat from the loading and discharging ports; 240
13.1 Loading Port(s) 166 (b) entered with a Protection & Indemnity Association 241
The Master must notify the Shippers and the 167 a member of the International Group for full coverage 242
Charterers as follows: 168 (including pollution liability to the extent required in 243
(a) Of the Vessel's estimated time of arrival at the 169 clause 36) and the Vessel's hull and machinery are 244
first loading port (ETA) once in every twenty four (24) 170 fully insured; 245
hours from the time of nomination. 171 (c) complies with the requirements of the Protection 246
(b) Within twenty four (24) hours after acceptance of 172 of the Sea (Civil Liability) Act 1981 (Australia), the 247
the Vessel, giving the Vessel's ETA, current position, 173 Protection of the Seas (Civil Liability for Bunker Oil 248
intended route to the loading area and providing his 174 Pollution Damage) 2008 (Australia) and the 249
arrival draft and stowage plan to include quantity of 175 Navigation Act, Marine Orders and the Maritime 250
Cargo to be loaded on deepest departure draft and 176 Labour Convention 2006; 251
any cargo permitted in accordance with clause 39 to 177 (d) not more than the number of years in Box 17 old, 252
be loaded for other shippers 178 single deck, with engine/accommodation aft, non-twin 253
(c) Forty eight (48) hours and twenty four (24) hours 179 hatch, each hatch being without longitudinal centre 254
prior to the Vessel's ETA confirming any change to 180 line bulkheads; 255
expected fore and aft drafts on arrival. 181 (e) classed highest Lloyds or equivalent in 256
13.2 Discharging Port(s) 182 accordance with the Institute Classification Clause of 257
The Master must notify the Charterers and the 183 the Institute of London Underwriters dated 1/1/2001 258
Receivers (or their nominated agents) as follows: 184 or any subsequent version of that clause; 259
(a) Upon departure from the loading port, confirming 185 (f) acceptable to all relevant authorities and 260
the sailing date, quantity loaded, estimated time of 186 conforming with all laws, regulations and 261
arrival at discharging port(s) and fore and aft drafts. 187 requirements in force at or applicable from time to 262
(b) Once in every twenty four (24) hours thereafter 188 time at the loading and discharging ports; 263
updating the estimated time of arrival at discharging 189 (g) well maintained in all accommodation, equipment, 264
port(s). 190 fixtures and fittings; 265
(c) Forty eight (48) and twenty four (24) hours prior 191 (h) of such draft, airdraft and other dimensions as 266
to arrival at each discharging port of any change to 192 represented by the Owners to the Charterers; 267
fore and aft drafts expected on arrival. 193 (i) capable of loading cargo in all holds or alternate 268
holds as required; 269
14. Orders for Loading Port 194 (j) fully compliant with the Codes of the International 270
14.1 Unless the Charterers have already given orders for a 195 Maritime Organisation in force from time to time 271
second and/or subsequent loading port (if any), such 196 including without limitation ISTCW (International 272
orders must be given by the Charterers within 24 197 Convention on Standards of Training, Certification 273
hours after the commencement of loading at the first 198 and Watchkeeping), ISM (International Safety 274
loading port. 199 Management) and ISPS (in accordance with clause 275
14.2 The Master must inform the Charterers in writing by 200 41);and 276
e-mail or fax if the Vessel is delayed for 48 or more 201 (k) compliant with any other requirements specified 277
hours after the Charterers' orders for loading port 202 by the Charterers on fixing the Vessel 278
have been given. 203 16.3 At the time of nomination the Owners to provide the 279
Charterers with a completed Vessel Questionnaire (if 280
15. Survey at Loading Port 204 requested by the Charterers) signed by the Master, 281
15.1 Before loading is commenced, and at each loading 205 the accuracy of which the Owners warrant. 282
port, the Vessel must pass the customary survey of,:- 206 16.4 If the Vessel is found not to comply with any of the 283
(a) Any relevant Australian government quarantine 207 warranties contained in clause 16.2 or 16.3 the 284
and inspection agency authorised officer/surveyor; 208 Charterers may at their sole discretion reject or 285
and 209 conditionally accept the Vessel. 286
(b) an independent Marine Surveyor appointed by 210 An acceptance under this clause 16.4:- 287
the Charterers and acceptable to the Owners (acting 211 (a) must be in writing; 288
reasonably) 212 (b) does not in any event relieve the Owners or the 289
provided that such survey(s) shall not be required at 213 Charterers of any obligation under this Charterparty. 290
any second or subsequent loading port unless 214 A rejection under clause 16.4 must be in writing and 291
government agency so directs. 215 any such rejection is always without prejudice to the 292
15.2 The cost of surveys (excluding costs of transporting 216 Charterers' rights. 293
an inspector and/or surveyor to and/or from the 217 16.5 No act, conduct, statement or omission of the 294
Vessel at anchorage) under clause 15.1 are for the 218 Charterers prejudices any right or remedy available to 295

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the Charterers under clause 16. 296 19.10 In the case of a second or subsequent loading port (if 370
any), time changing ports is not to count as laytime or 371
17. Stevedores 297 demurrage, even if on demurrage. In this clause 372
17.1 The Charterers must appoint and pay the stevedores 298 19.10 "time changing ports" means time from the 373
at the loading port(s). The Receivers must appoint 299 completion of loading at a port, time sailing from that 374
and pay the stevedores at the discharging port(s). 300 port to the next loading port, and until laytime starts to 375
17.2 Stevedore damage if any, whether at any loading or 301 count again under clause 19.9. 376
discharging port(s), must be settled directly between 302 19.11 The Shippers may send the Cargo alongside 377
the Owners and stevedores, but the Charterers will 303 continuously (Saturdays, Sundays and holidays 378
provide all reasonable assistance to the Owners in 304 included) and if the Shippers so direct the Owners 379
relation to any such claim. 305 must procure that the Vessel loads continuously 380
(Saturdays, Sundays and holidays included). 381
18. Agents 306 19.12 All overtime costs incurred through working outside 382
18.1 At the loading port(s) the agents for the Vessel will be 307 customary port working hours must be paid by the 383
appointed by the party in Box 20. 308 party ordering that working, except officers’ and/or 384
18.2 At the discharging port(s) the agents for the Vessel 309 crew’s overtime which are always for the Owners' 385
will be appointed by the party in Box 21. 310 account. 386

19. Loading 311 20. Commencement of Loading and Cancelling Dates 387
19.1 The Cargo is to be loaded at the rate specified in Box 312 (Laycan) 388
18, or if no rate specified 7,000mt per day, based on 313 20.1 The time for loading shall not commence before the 389
the quantity specified in Box 12, provided that the 314 first day of the Shipment Period in Box 9 and if the 390
Vessel can receive at the appropriate pro rata rate. 315 Vessel is not ready to load at all hatches at first 391
(i) loading berth by 2400 hours on the last day of the 392
19.2 Laytime is to be calculated in weather working days 316 Final Laycan the Charterers shall have the option of 393
of 24 consecutive hours Saturdays, Sundays and 317 cancelling this charter, which shall be declared upon 394
holidays excluded even if used. 318 NOR being given. 395
19.3 When the Vessel is ready in all respects to load at 319 20.2 Cancellation of this Charterparty under clause 20.1 396
any berth ordered by the Charterers, the Master must 320 shall be entirely without prejudice to the Charterers' 397
tender written notice of readiness (NOR) to the 321 rights. No act, conduct, statement or omission of the 398
Shippers and Charterers between Monday to Friday, 322 Charterers affects the Charterers' right of cancellation 399
except holidays at the loading port, between 0900 323 under this Charterparty. 400
hours and 1700 hours local time. 324 20.3 The Owners and Charterers may agree but are not 401
325 obliged to begin loading earlier than first the day of 402
19.4 At the first loading port the laytime starts to count 24- 326 the Shipment Period specified in Box 9. 403
hours after the Charterers have received valid NOR 327
21. Demurrage and Despatch (Loading) 404
unless loading commences earlier in which case time 328
spent loading to count. 329 21.1 If the Cargo is not loaded within the time stipulated in 405
19.5 NOR is only to be given at the first loading port or 330 clause 19, demurrage is payable at the rate specified 406
place except when any survey under clause 15.1 has 331 in Box 22 per running day, and pro rata for any part of 407
been directed at a second or subsequent loading a day (unless expressly excluded by this 408
332
port, in which case NOR must also be given at that Charterparty). The Owners must provide their signed 409
333
second or subsequent loading port and clause 19.3 statement of facts and laytime calculation within 5 410
334
applies. business days of the completion of loading. The 411
335
Charterers must pay the Owners any demurrage due 412
19.6 This is a berth-charter. If the loading berth is occupied 336
under clause 21 within thirty (30) business days 413
when the Vessel arrives at or off the first or only 337
after:- 414
loading port (or so near as the Vessel is permitted to 338
(a) receipt of the Owners' statement in accordance 415
approach), the Master will be entitled to give NOR 339
with clause 21.1; and 416
upon arrival at the port. Laytime will count as if the 340
(b) the Owners and the Charterers reaching 417
Vessel was in berth. Time spent moving from the 341
agreement on the calculation. 418
waiting place to the loading berth is not to count as 342
laytime or demurrage, even if on demurrage. 343 21.2 Upon expiry of laytime payment of demurrage will be 419
19.7 A NOR is invalid and time does not start to count if 344 Owners' sole remedy for delay unless the 420
the Vessel was not, at the time NOR is given, in fact 345 circumstances of the delay lawfully permit the Owners 421
ready in all respects. To avoid doubt, the Vessel will 346 (on notice to the Charterers) to treat the Charterparty 422
not be ready if the result of any survey or inspection 347 as repudiated and/or claim damages and/or 423
under clause 15.1 is that the Vessel is not ready and 348 detention. 424
available for immediate loading. 349 21.3 For all laytime saved at the loading port(s) despatch 425
19.8 If an invalid NOR is given, a fresh valid NOR must be 350 is due by the Owners to the Charterers on completion 426
given by the Master when the Vessel is in fact ready 351 of loading and must be paid within 30 business days 427
in all respects and laytime only begins to count upon 352 following completion of loading at the rate of one half 428
receipt of such fresh valid NOR. To avoid doubt, any 353 of the rate of demurrage specified in Box 22. 429
time incurred by the Vessel prior to receipt of a fresh 354 21.4 If despatch due under clause 21.3 is not paid within 430
valid NOR (including time at anchorage) will not count 355 14 business days, the Charterers may set off and 431
as laytime or time on demurrage. 356 deduct the unpaid amount of despatch from other 432
19.9 At the second or subsequent loading port (if any) the 357 amounts due to the Owners other than freight. 433
time for loading is to count:- 358
(a) if NOR is, pursuant to clause 19.5, required at 359 22. Bills of Lading 434
that port, from receipt of a valid NOR; or in all other 360 22.1 Without prejudice to this Charterparty, the Master 435
cases 361 shall either sign Bills of Lading for the Cargo or 436
(b) from 1200 hours on the day of arrival at the port 362 authorise the agents at each loading port to sign and 437
(or so near as the Vessel is permitted to approach) if 363 issue and release such Bills of Lading on his behalf, 438
the Vessel arrives before 1200 hours, and from 0900 364 always in accordance with Mates' Receipts. 439
hours on the following day if the Vessel arrives at or 365 22.2 All such Bills of Lading shall be for Cargo weights as 440
after 1200 hours 366 determined by silo weight figures and must be 441
unless loading is commenced earlier, in which case 367 claused expressly to the effect that freight and all 442
the time is to count from the commencement of 368 terms, conditions, clauses, exclusions, limitations and 443
loading. 369 exceptions including the arbitration clause of this 444

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Charterparty are incorporated into each such Bill of 445 paid in full, the Charterers have the right to deduct the 521
Lading. 446 unpaid amount of despatch from the freight due to the 522
22.3 The Master or the agents shall issue and release 447 Owners. 523
signed Bills of Lading to the Shippers immediately 448 24.6 Laytime at loading and discharging ports is non- 524
upon completion of loading and, if required by the 449 reversible. 525
Shippers, at each loading port. 450
25. Lighterage at Discharging Port 526
23. Time for Discharging 451 If lightening takes place at a discharging port, time occupied 527
23.1 When the Vessel is in all respects ready for 452 in moving from the point of lightening to the place of 528
discharging the Master must give written notice 453 discharge is not to count as laytime or demurrage, even if 529
(NOR). Valid NOR must be received by the 454 on demurrage. 530
Charterers and Receivers (or their nominated agents) 455
on a working day and during ordinary office hours 456 26. Multiple Charters 531
local time, whether the Vessel is in berth or not at the 457 26.1 Owners shall obtain Charterers’ written consent for 532
first (or only) discharging port and on arrival at each 458 the Owners to load and carry other cargo pursuant to 533
subsequent discharging port, or so near as the 459 any separate contract of carriage whether concluded 534
Vessel may be permitted to approach. Time for 460 before or after this Charterparty. 535
discharging is not to commence until twenty-four (24) 461 26.2 The loading, discharging or carriage of other cargo 536
hours after Notice of Readiness has been received, 462 must not hinder the loading, discharging or carriage 537
unless discharging is commenced earlier. Cargo is to 463 of the Cargo. Any other cargo must always be 538
be discharged free of expense to the Vessel at the 464 segregated at the Owners’ risk and expense and any 539
average tonnage rate specified in Box 18 per weather 465 time spent in the Vessel positioning for loading or 540
working day of twenty-four consecutive hours 466 discharging of other cargo or loading or discharging 541
Saturdays Sundays and holidays excluded even if 467 of other cargo does not count as laytime or 542
used. 468 demurrage even if on demurrage. 543
23.2 If the discharging berth is occupied on the Vessel's 469 26.3 Whenever this clause 26 applies, and if so requested 544
arrival at or off the first or only discharging port (or so 470 by the Charterers, the Owners must provide separate 545
near as the Vessel is permitted to approach), the 471 laytime calculations in respect of Cargo and other 546
Master will be entitled to give valid NOR on arrival 472 cargo. 547
there. If so, laytime counts as if the Vessel was in 473
berth. Time spent moving from the waiting place to 474 27. Supervising Cargo 548
the discharging berth is not to count as laytime or 475 The Charterers, Shippers, Receivers or their respective 549
demurrage even if on demurrage. 476 surveyors or agents have the right to be on board the 550
23.3 NOR is invalid if the Vessel is not in fact ready in all 477 Vessel whilst at loading port(s) and/or discharging port(s) 551
respects at the time NOR is tendered. If an invalid 478 for the purpose of inspecting the Cargo, checking the 552
NOR is given, a fresh valid NOR must be given by the 479 weight(s), and supervising their interests. 553
Master when the Vessel is in fact ready in all respects 480
and laytime does not begin to count until 24 hours 481 28. Strikes and Civil Blockades 554
after a fresh valid NOR has been received. Any 482 28.1 In this clause 28 Industrial Action means a strike, 555
further NOR must comply with the procedures set out 483 work ban, go-slow or lock-out of or concerning any 556
in clause 23.1. 484 class or group of workers who would usually be 557
23.4 The Charterers have the option (despite clause 24.1) 485 engaged in the berthing of the Vessel or in the 558
to accept NOR under this clause 23 on a day that is 486 loading or discharging of Cargo and includes any stop 559
not a working day and/or outside ordinary office hours 487 work meeting not included in the relevant industrial 560
local time. 488 award (or other registered or certified industrial 561
agreement covering such workers) and any picket or 562
24. Demurrage/Despatch (Discharging) 489 blockade of the port or berth or stevedoring or 563
24.1 If the Vessel is not discharged at the rate stipulated in 490 associated storage facility (not being a blockade 564
clause 24, demurrage is payable at the rate specified 491 arising directly as a result of war). If Cargo (or any 565
in Box 22 per running day and pro rata for any part of 492 part of it) cannot be loaded or discharged, or is 566
a day. The Owners must provide their signed 493 unavailable for loading or discharge by reason of 567
statement of facts and laytime calculation within 5 494 Industrial Action any time lost due to that Industrial 568
business days of the completion of discharge. 495 Action does not count as laytime or demurrage even 569
24.2 Subject to the laytime allowed in this Charterparty, to 496 if on demurrage. 570
the relevant laytime exceptions in this Charterparty 497 28.2 Further, the Owners may not make any claim for 571
(including the express circumstances in which 498 damages for delay by reason of Industrial Action 572
demurrage is not to accrue) and to the Charterers' 499 under this Charterparty or at law. 573
rights under this Charterparty or at law, after 500
acceptance of the Owners' NOR, the demurrage rate 501 29. Liberties 574
will apply to any time spent waiting at the discharging The Vessel has liberty to assist vessels in distress as part 575
502
port(s) unless of the contract voyage. 576
503
the circumstances of the delay lawfully permit the 504
Owners to treat the Charterers as having repudiated 505 30. War Risks Clauses (VOYWAR 2004) 577
this Charterparty and the Owners have validly served 506 30.1 For the purpose of this clause, the words: 578
written notice on the Charterers to that effect. 507 (a) "Owners" shall include the shipowners, bareboat 579
Otherwise the payment of demurrage is the Owners' 508 charterers, disponent owners, managers or other 580
sole remedy for such delay. 509 operators who are charged with the management of 581
24.3 For all laytime saved at discharging port(s), despatch 510 the Vessel; 582
is due and must be paid by the Owners at the rate of 511 (b) "War Risks" shall include any actual, threatened 583
one- half of the rate of demurrage in Box 22. 512 or reported: 584
24.4 Any despatch at discharging port(s) must be 513 War; act of war; civil war; hostilities; revolution; 585
calculated on the basis of a weather working day of 514 rebellion; civil commotion; warlike operations; laying 586
24 consecutive hours but any time lost on a working of mines; acts of piracy; acts of terrorists; acts of 587
515
day due to weather conditions is not to count unless hostility or malicious damage; blockades (whether 588
516
work is actually stopped or prevented. imposed against all vessels or imposed selectively 589
517
against vessels of certain flags or ownership, or 590
24.5 Any demurrage or despatch at discharging port(s) 518
against certain cargoes or crews or otherwise 591
must be paid within thirty (30) business days of the 519
howsoever); by any person, body, terrorist or political 592
completion of discharge. If any despatch due is not 520

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group, or the Government of any state whatsoever, 593 respect of the Hull and Machinery of the Vessel and 671
which, in the reasonable judgement of the Master 594 their other interests (including, but not limited to, loss 672
and/or the Owners, may be dangerous or are likely to 595 of earnings and detention, the crew and their 673
be or to become dangerous to the Vessel, her cargo, 596 Protection and Indemnity Risks), and the premiums 674
crew or other persons on board the Vessel. 597 and/or calls therefore shall be for their account. 675
30.2 If at any time before the Vessel commences loading, 598 (b) If the Underwriters of such insurance should 676
it appears that, in the reasonable judgement of the 599 require payment of premiums and/or calls because, 677
Master and/or the Owners, performance of this 600 pursuant to the Charterers' orders, or in order to fulfil 678
Charterparty, or any part of it, may expose, or is likely 601 the Owners’ obligation under this Contract of 679
to expose, the Vessel, her cargo, crew or other 602 Carriage, the Vessel is within, or is due to enter and 680
persons on board the Vessel to War Risks, the 603 remain within, or pass through any area or areas 681
Owners may give notice to the Charterers cancelling 604 which are specified by such Underwriters as being 682
this Contract of Carriage, or may refuse to perform 605 subject to additional premiums because of War Risks, 683
such part of it as may expose, or may be likely to 606 then the actual premiums and/or calls paid shall be 684
expose, the Vessel, her cargo, crew or other persons 607 reimbursed by the Charterers to the Owners within 14 685
on board the Vessel to War Risks; provided always 608 days after receipt of the Owners’ invoice. If the Vessel 686
that if this Contract of Carriage provides that loading 609 discharges all of her cargo within an area subject to 687
or discharging is to take place within a range of ports, 610 additional premiums as herein set forth, the 688
and at the port or ports nominated by the Charterers 611 Charterers shall reimburse the Owners for the actual 689
the Vessel, her cargo, crew, or other persons on- additional premiums paid which may accrue from 690
612
board the Vessel may be exposed, or may be likely to completion of discharge until the Vessel leaves such 691
613
be exposed, to War Risks, the Owners shall first area or areas referred to above. The Owners shall 692
614
require the Charterers to nominate any other safe leave the area as soon as possible after completion 693
port which lies within the range for loading or 615
of discharge. 694
discharging, and may only cancel this Contract of 616
617 30.6 The Vessel shall have liberty: 695
Carriage if the Charterers shall not have nominated (a) to comply with all orders, directions, 696
such safe port or ports within 48 hours of receipt of 618
619 recommendations or advice as to departure, arrival, 697
notice of such requirement. routes, sailing in convoy, ports of call, stoppages, 698
620
30.3 The Owners shall not be required to continue to load 621 destinations, discharge of cargo, delivery or in any 699
cargo for any voyage, or to sign Bills of Lading for any 622 way whatsoever which are given by the Government 700
port or place, or to proceed or continue on any 623 of the Nation under whose flag the Vessel sails, or 701
voyage, or on any part thereof, or to proceed through 624 other Government to whose laws the Owners are 702
any canal or waterway, or to proceed to or remain at 625 subject, or any other Government which so requires, 703
any port or place whatsoever, where it appears, either 626 or anybody or group acting with the power to compel 704
after the loading of the cargo commences, or at any 627 compliance with their orders or directions; 705
stage of the voyage thereafter before the discharge of 628 (b) to comply with the orders, directions or 706
the cargo is completed, that, in the reasonable 629 recommendations of any war risks underwriters who 707
judgement of the Master and/or the Owners, the 630 have the authority to give the same under the terms 708
Vessel, her cargo (or any part thereof), crew or other 631 of the war risks insurance; 709
persons on board the Vessel (or any one or more of 632 (c) to comply with the terms of any resolution of the 710
them) may be, or are likely to be, exposed to War 633 Security Council of the United Nations, the effective 711
Risks. If it should so appear, the Owners may by 634 orders of any other Supranational body which has the 712
notice request the Charterers to nominate a safe port 635 right to issue and give the same, and with national 713
for the discharge of the cargo or any part thereof, and 636 laws aimed at enforcing the same to which the 714
if within 48 hours of the receipt of such notice, the 637 Owners are subject, and to obey the orders and 715
Charterers shall not have nominated such a port, the 638 directions of those who are charged with their 716
Owners may discharge the cargo at any safe port of 639 enforcement; 717
their choice (including the port of loading) in complete 640 (d) to discharge at any other port any cargo or part 718
fulfilment of this Charterparty. The Owners shall be 641 thereof which may render the Vessel liable to 719
entitled to recover from the Charterers the extra 642 confiscation as a contraband carrier; 720
expenses of such discharge and, if the discharge 643 (e) to call at any other port to change the crew or any 721
takes place at any port other than the loading port, to 644 part thereof or other persons on board the Vessel 722
receive the full freight as though the cargo had been 645 when there is reason to believe that they may be 723
carried to the discharging port and if the extra 646 subject to internment, imprisonment or other 724
distance exceeds 100 miles, to additional freight 647 sanctions; 725
which shall be the same percentage of the freight 648 (f) where cargo has not been loaded or has been 726
contracted for as the percentage which the extra 649 discharged by the Owners under any provisions of 727
distance represents to the distance of the normal and 650 this clause, to load other cargo for the Owners' own 728
customary route, the Owners having a lien on the 651 benefit and carry it to any other port or ports 729
cargo for such expenses and freight. 652 whatsoever, whether backwards or forwards or in a 730
30.4 If at any stage of the voyage after the loading of the 653 contrary direction to the ordinary or customary route; 731
cargo commences, it appears that, in the reasonable 654 (g) if in compliance with any of the provisions of sub- 732
judgement of the Master and/or the Owners, the 655 clauses (b) to (f) of this clause anything is done or 733
Vessel, her cargo, crew or other persons on board 656 not done, such shall not be deemed to be 734
the Vessel may be, or are likely to be, exposed to 657 a deviation, but shall be considered as due fulfilment 735
War Risks on any part of the route (including any 658 of the Contract of Carriage. 736
canal or waterway) which is normally and customarily 659
used in a voyage of the nature contracted for, and 660 31. BIMCO Piracy Clause 737
there is another longer route to the discharging port, 661 31.1 If after entering into this Charterparty, in the 738
the Owners shall give notice to the Charterers that 662 reasonable judgement of the Master and/or the 739
this route will be taken. In this event the Owners shall 663 Owners, any port, place, area or zone, or any 740
be entitled, if the total extra distance exceeds 100 664 waterway or canal (hereinafter "Area") on any part of 741
miles, to additional freight which shall be the same 665 the route which is normally and customarily used on a 742
percentage of the freight contracted for as the 666 voyage of the nature contracted for becomes 743
percentage which the extra distance represents to the 667 dangerous, or the level of danger increases, to the 744
distance of the normal and customary route. 668 Vessel, her cargo, crew or other persons on board 745
30.5 669 the Vessel due to any actual, threatened or reported 746
(a) The Owners may effect war risks insurance in 670 acts of piracy and/or violent robbery and/or 747

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 GTA Voyage Charter - AusGrain 2015

capture/seizure (hereinafter "Piracy"), the Owners 748 824

shall be entitled to take a reasonable alternative route 749
to the discharging port and, if they so decide, 750 34. General Average and the New Jason Clause 825
immediately give notice to the Charterers that such 751 General average (if any) is payable according to the 826
route will be taken. Should the Vessel be within any 752 York-Antwerp Rules, 2004 or any later modification of those 827
such place as aforesaid which only becomes 753 Rules and shall be adjusted in the place stated in Box 23, 828
dangerous, or is likely to be or to become dangerous, 754 but where the adjustment is made in accordance with the 829
after her entry into it, she shall be at liberty to leave it. 755 law and practice of the United States of America, the 830
31.2 In any event, if the Vessel proceeds to or through an 756 following clause applies: 831
Area exposed to the risk of Piracy the Owners shall 757
have the liberty: 758 "NEW JASON" CLAUSE 832
(a) to take reasonable preventative measures to 759 In the event of accident, danger, damage or disaster before 833
protect the Vessel, her crew and cargo including but 760 or after commencement of the voyage, resulting from any 834
not limited to re-routing within the Area, proceeding in 761 cause whatsoever, whether due to negligence or not, for 835
convoy, using escorts, avoiding day or night 762 which, or for the consequence of which, the carrier is not 836
navigation, adjusting speed or course, or engaging 763 responsible, by statute, contract or otherwise, the goods, 837
security personnel on or about the Vessel; 764 shippers, consignees or owners of the goods shall 838
(b) to comply with the orders, directions or 765 contribute with the carrier in general average to the 839
recommendations of any underwriters who have the 766 payment of any sacrifices, losses or expenses of a general 840
authority to give the same under the terms of the 767 average nature that may be made or incurred and shall pay 841
insurance; 768 salvage and special charges incurred in respect of the 842
(c) to comply with all orders, directions, 769 goods. 843
recommendations or advice given by the Government 770 If a salving ship is owned or operated by the carrier, 844
of the Nation under whose flag the Vessel sails, or 771 salvage shall be paid for as fully as if the said salving ship 845
other Government to whose laws the Owners are 772 or ships belonged to strangers. Such deposit as the carrier 846
subject, or any other Government, body or group, 773 or his agents may deem sufficient to cover the estimated 847
including military authorities, whatsoever acting with 774 contribution of the goods and any salvage and special 848
the power to compel compliance with their orders or 775 charges thereon shall, if required, be made by the goods, 849
directions; and 776 shippers, consignees or owners of the goods to the carrier 850
(d) to comply with the terms of any resolution of the 777 before delivery. 851
Security Council of the United Nations, the effective 778
orders of any other Supranational body which has the 779 35. Both to Blame Collision Clause 852
right to issue and give the same, and with national 780 If the liability for any collision in which the Vessel is involved 853
laws aimed at enforcing the same to which the 781 while performing this Charterparty falls to be determined in 854
Owners are subject, and to obey the orders and 782 accordance with the laws of the United States of America, 855
directions of those who are charged with their 783 the following clause applies: 856
enforcement. 784
31.3 This clause shall be incorporated into any bill of 785 "BOTH TO BLAME COLLISION CLAUSE" 857
lading issued pursuant to this Charterparty. The 786 If the ship comes into collision with another ship as a result 858
Charterers shall indemnify the Owners against all 787 of the negligence of the other ship and any act, neglect or 859
consequences or liabilities that may arise from the 788 default of the Master, mariner, pilot or the servants of the 860
Master signing bills of lading as presented to the 789 carrier in the navigation or in the management of the ship, 861
extent that the terms of such bills of lading impose or 790 the owners of the goods carried hereunder will indemnify 862
result in the imposition of more onerous liabilities 791 the carrier against all loss or liability to the other or non- 863
upon the Owners than those assumed by the Owners 792 carrying ship or her owners in so far as such loss or liability 864
under this clause. 793 represents loss of or damage to, or any claim whatsoever of 865
31.4 If in compliance with this clause anything is done or 794 the owners of said goods, paid or payable by the other or 866
not done, such shall not be deemed a deviation, but 795 non-carrying ship or her owners to the owners of the said 867
shall be considered as due fulfilment of this 796 goods and set off, recouped or recovered by the other or 868
Charterparty. In the event of a conflict between the 797 non-carrying ship or her owners as part of their claim 869
provisions of this clause and any implied or express 798 against the carrying ship or carrier. 870
provision of the Charterparty, this clause shall prevail 799 The foregoing provisions shall also apply where the 871
to the extent of such conflict, but no further. 800 Owners, Operators or those in charge of any ship or ships 872
or objects other than, or in addition to, the colliding ships or 873
32. Cesser Clause 801 objects are at fault in respect to a collision or contact. 874
The Owners have a lien on Cargo for freight, deadfreight 802
and demurrage at discharging port(s) for an amount not 803 36. Oil Pollution Clause 875
exceeding the value of the freight, deadfreight and 804 The Owners agree to indemnify the Charterers, Shippers, 876
demurrage then due. The Charterers' liability under this 805 Receivers, their agents, or any other party against any 877
Charterparty ceases when the Cargo is shipped, except as 806 liability for or arising out of oil pollution (whatever the basis 878
regards clause 7 (payment of freight), deadfreight, 807 of liability may be) by reason of any act or omission of the 879
demurrage and except for all other matters provided for in 808 Vessel, the Master or any servant or agent of the Owners 880
this Charterparty where the Charterers’ responsibility is 809 provided that the incident giving rise to such liability has not 881
specified. 810 been caused or contributed to by the party seeking to be 882
indemnified under this Charterparty and provided that the 883
33. Bunkering 811 facts and matters giving rise to the contravention would not 884
The Owners may order the Vessel to bunker at any usual 812 constitute a defence under Article 3 Section 2 of the 885
bunkering port in Australia including the loading port(s). 813 International Convention on Civil Liability for Oil Pollution 886
The Vessel has liberty to proceed to any port at which 814 Damage 1969 if the Vessel were a ship carrying oil in bulk 887
bunker oil is available for the purpose of bunkering at any 815 as cargo. The Owners warrant that the Vessel is entered in 888
stage of the voyage and whether such ports are on or off 816 a Protection and Indemnity Association with cover for 889
the direct and/or customary route(s) between any of the 817 liabilities arising under clause 36. 890
loading or discharging ports for this Charterparty. The 818 The Charterers are never liable for demurrage due to any 891
Vessel may take oil bunkers in any quantity in the discretion 819 delay or loss of time to the Vessel at the loading and/or 892
of the Owners, whether or not such oil bunkers are required 820 discharging ports arising in connection with any such act or 893
for the chartered voyage. This clause 33 does not affect 821 omission even if on demurrage; any time lost as a result of 894
Owners’ obligation to proceed to the discharging port(s) 822 any such act or omission never counts as laytime. 895
with all reasonable despatch. 823 Nothing in this clause 36 prejudices or deprives the Owners 896

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 GTA Voyage Charter - AusGrain 2015

of their rights of limitation or exclusion of liability under any 897 details of the Company Security Officer (CSO). 970
applicable law. 898 (c) Loss, damages, expense or delay (excluding 971
The Charterers hold the benefit of this clause 36 on behalf 899 consequential loss, damages, expense or delay) 972
of themselves, the Shippers, the Receivers and their 900 caused by failure on the part of the Owners or "the 973
agents. 901 Company"/"Owner" to comply with the requirements 974
of the ISPS Code/MTSA or this clause shall be for the 975
37. Brokerage 902 Owners' account, except as otherwise provided in this 976
Brokerage at the rate in Box 24 is due upon shipment of 903 Charterparty. 977
Cargo. 904 41.2 978
(a) The Charterers shall provide the Owners and the 979
38. ITF Clause 905 Master with their full style contact details and, upon 980
The Owners warrant that the Vessel complies with all the 906 request, any other information the Owners require to 981
requirements of the International Transport Workers' 907 comply with the ISPS Code/MTSA. 982
Federation (ITF) or any successor organisation during the 908 (b) Loss, damages or expense (excluding 983
currency of this Charterparty and must provide evidence to 909 consequential loss, damages or expense) caused by 984
the Charterers of such compliance at the time of 910 failure on the part of the Charterers to comply with 985
nomination. If the Vessel does not possess a current ITF 911 this clause shall be for the Charterers' account, 986
certificate or equivalent acceptable to the ITF, or if the 912 except as otherwise provided in this Charterparty, 987
Vessel's certificate lapses at any material time, the Owners 913 and any delay caused by such failure shall count as 988
must take all reasonable steps to comply or restore 914 laytime or time on demurrage. 989
compliance with this clause 38 forthwith, in default of which 915 41.3 Provided that the delay is not caused by the Owners' 990
the Charterers may cancel this Charterparty. The Owners 916 failure to comply with their obligations under the ISPS 991
must keep the Charterers indemnified against any 917 Code/MTSA, the following shall apply: 992
consequences of a breach by the Owners of their 918
obligations under clause 38 (including without limitation any 919 (a) Notwithstanding anything to the contrary provided 993
delay and the Charterers' costs of providing a suitable 920 in this Charterparty, the Vessel shall be entitled to 994
replacement vessel). 921 tender Notice of Readiness even if not cleared due 995
applicable security regulations or measures imposed 996
by a port facility or any relevant authority under the 997
39. Reletting, Subletting, Subcontracting and Assigning 922
ISPS Code/MTSA. 998
39.1 No cargo other than that provided by the Charterers 923
may be carried without the Charterers' written 924 (b) Any delay resulting from measures imposed by a 999
consent which must be obtained prior to the Owners 925 port facility or by any relevant authority under the 1000
entering into any separate contract of carriage for 926 ISPS Code/MTSA shall count as laytime or time on 1001
such cargo, but this clause 39.1 does not apply if the 927 demurrage, unless such measures result solely from 1002
Vessel is sublet by the Charterers. The Charterers 928 the negligence of the Owners, Master or crew or the 1003
may sublet the whole or part of the Vessel, but 929 previous trading of the Vessel, the nationality of the 1004
remain responsible for the due fulfilment of this 930 crew or the identity of the Owners' managers. 1005
Charterparty. 931 41.4 Notwithstanding anything to the contrary provided in 1006
39.2 The Owners may not sublet, subcontract or assign 932 this Charterparty, any costs or expenses whatsoever 1007
any of their rights, duties or obligations or provide a 933 solely arising out of or related to security regulations 1008
substitute vessel without the Charterers' prior written or measures required by the port facility or any 1009
934
agreement. The Charterers' agreement under this relevant authority in accordance with the ISPS 1010
935
subclause does not relieve the Owners of their Code/MTSA including, but not limited to, security 1011
936
responsibility for the performance of this Charterparty. guards, launch services, vessel escorts, security fees 1012
937
or taxes and inspections, shall be for the Charterers' 1013
39.3 If the Owners fail to perform their obligations under 938
account, unless such costs or expenses result solely 1014
this Charterparty, the Charterers may at their option 939
from the negligence of the Owners, Master or crew or 1015
perform those obligations. Any additional costs 940
the previous trading of the Vessel, the nationality of 1016
incurred by the Charterers, including obtaining 941
the crew or the identity of the Owners' managers. All 1017
replacement vessel(s) and any rates of freight and 942
measures required by the Owners to comply with the 1018
demurrage exceeding the applicable Charterparty 943
Ship Security Plan shall be for the Owners' account. 1019
rates of freight and demurrage must be paid by the 944
Owners to the Charterers on demand. 945 41.5 If either party makes any payment which is for the 1020
other party's account according to this clause, the 1021
40. Port Charges, Dues and Taxes 946 other party shall indemnify the paying party. 1022
40.1 Any taxes, dues, port charges or other charges levied 947
against the Vessel and/or freight are payable by the 948 42. BIMCO/LMAA Arbitration Clause (2009) 1023
Owners. Any taxes, dues or other charges levied 949 42.1 This Contract shall be governed by and construed in 1024
against the Cargo are payable by the Charterers at 950 accordance with English law and any dispute arising 1025
the loading port and by the Receivers at the 951 out of or in connection with this Contract shall be 1026
discharging port. 952 referred to arbitration in London in accordance with
1027
the Arbitration Act 1996 or any statutory modification
or re-enactment thereof save to the extent necessary 1028
41. BIMCO ISPS/MTSA Clause 953
41.1 954 to give effect to the provisions of this Clause. 1029
(a) The Owners shall comply with the requirements 955 42.2 The arbitration shall be conducted in accordance with 1030
of the International Code for the Security of Ships and 956 the London Maritime Arbitrators Association (LMAA) 1031
of Port Facilities and the relevant amendments to 957 Terms current at the time when the arbitration 1032
Chapter XI of SOLAS (ISPS Code relating to the 958 proceedings are commenced. 1033
Vessel and "the Company" (as defined by the ISPS 959 42.3 The reference shall be to three arbitrators. A party
1034
Code). If trading to or from the United States or 960 wishing to refer a dispute to arbitration shall appoint
its arbitrator and send notice of such appointment in 1035
passing through United States waters, the Owners 961
writing to the other party requiring the other party to 1036
shall also comply with the requirements of the US 962
Maritime Transportation Security Act 2002 (MTSA) 963 appoint its own arbitrator within 14 calendar days of 1037
relating to the Vessel and the "Owner" (as defined by 964 that notice and stating that it will appoint its arbitrator 1038
the MTSA). 965 as sole arbitrator unless the other party appoints its 1039
(b) Upon request the Owners shall provide the 966 own arbitrator and gives notice that it has done so 1040
Charterers with a copy of the relevant International 967 within the 14 days specified. If the other party does
1041
Ship Security Certificate (or the Interim International 968 not appoint its own arbitrator and give notice that it
1042
Ship Security Certificate) and the full style contact 969 has done so within the 14 days specified, the party
1043

©GTA Part Two 8

 GTA Voyage Charter - AusGrain 2015

referring a dispute to arbitration may, without the 1044 confirm that they agree to mediation, in which case 1087
requirement of any further prior notice to the other 1045 the parties shall thereafter agree a mediator within a 1088
party, appoint its arbitrator as sole arbitrator and shall 1046 further 14 calendar days, failing which on the 1089
advise the other party accordingly. The award of a 1047 application of either party a mediator will be 1090
sole arbitrator shall be binding on both parties as if he 1048 appointed promptly by the Arbitration Tribunal (“the 1091
had been appointed by agreement. 1049 Tribunal”) or such person as the Tribunal may 1092
42.4 Nothing herein shall prevent the parties agreeing in 1050 designate for that purpose. The mediation shall be 1093
writing to vary these provisions to provide for the 1051 conducted in such place and in accordance with such 1094
appointment of a sole arbitrator. 1052 procedure and on such terms as the parties may 1095
1053 agree or, in the event of disagreement, as may be set 1096
1054 by the mediator. 1097
42.5 In cases where neither the claim nor any 1055 (c) If the other party does not agree to mediate, that 1098
counterclaim exceeds the sum of USD 50,000 (or 1056 fact may be brought to the attention of the Tribunal 1099
such other sum as the parties may agree) the 1057 and may be taken into account by the Tribunal when 1100
arbitration shall be conducted in accordance with the 1058 allocating the costs of the arbitration as between the 1101
LMAA Small Claims Procedure current at the time 1059 parties. 1102
when the arbitration proceedings are commenced. 1060 (a) The mediation shall not affect the right of either 1103
42.6 In cases where the claim or any counterclaim 1061 party to seek such relief or take such steps as it 1104
exceeds the sum agreed for the LMAA Small Claims 1062 considers necessary to protect its interest. 1105
Procedure and neither the claim nor any counterclaim 1063 (d) Either party may advise the Tribunal that they 1106
exceeds the sum of US$400,000.00 (or such other 1064 have agreed to mediation. The arbitration procedure 1107
sum as the parties may agree) the arbitration shall be 1065 shall continue during the conduct of the mediation but 1108
conducted in accordance with the LMAA Intermediate 1066 the Tribunal may take the mediation timetable into 1109
Claims Procedure current at the time when the 1067 account when setting the timetable for steps in the 1110
arbitration proceeding are commenced. arbitration. 1111
1068
(e) Unless otherwise agreed or specified in the 1112
42.7 Where the reference is to three arbitrators the 1069
mediation terms, each party shall bear its own costs 1113
procedure for making appointments shall be in 1070
incurred in the mediation and the parties shall share 1114
accordance with the procedure for full arbitration 1071
equally the mediator’s costs and expenses. 1115
stated above. 1072
42.8 Notwithstanding the above, the parties may agree at 1073 (f) The mediation process shall be without prejudice 1116
any time to refer to mediation any difference and/or 1074 and confidential and no information or documents 1117
dispute arising out of or in connection with this 1075 disclosed during it shall be revealed to the Tribunal 1118
Contract. 1076 except to the extent that they are disclosable under 1119
42.9 In the case of a dispute in respect of which arbitration 1077 the law and procedure governing the arbitration. 1120
has been commenced under the above, the following 1078 (g) (Note: The parties should be aware that the 1121
shall apply: 1079 mediation process may not necessarily interrupt time 1122
(a) Either party may at any time and from time to 1080 limits.) 1123
time elect to refer the dispute or part of the dispute to 1081 42.10 Any rights under the Contracts (Rights of Third 1124
mediation by service on the other party of a written 1082 Parties) Act 1999 (UK) or any Statutory modification 1125
notice (the “Mediation Notice”) calling on the other 1083 or re-enactment thereof for the time being in force are 1126
party to agree to mediation. 1084 expressly excluded. 1127
(b) The other party shall thereupon within 14 1085
calendar days of receipt of the Mediation Notice 1086

THIS CHARTERPARTY IS EXECUTED

By the parties on the date written on the first page

............................................................... .......................................................
Signature (Owners) Signature (Charterers)

©GTA Part Two 9