Charty Party - WESTFAL-LARSEN - Aspen
Charty Party - WESTFAL-LARSEN - Aspen
And
WESTFAL-LARSEN SHIPPING AS
WHEREAS the Charterer requires ocean transportation for the shipment of mill scale
in bulk from one safe berth #7, Vancouver, WA, U.S.A, to one safe berth, one safe
port, Nantong, Xiamen, Dandong or Tianjin China, in Charterer’s option, always
afloat, both ends.
AND WHEREAS the Owner controls the M/V “ISOLDANA” or similar substitute
(see Clause 6 (a) for vessel description) and are desirous of contracting with the
Charterer for the transportation for carriage of the said mill scale upon the terms and
conditions hereinafter set forth.
1. DURATION
a) Should the Vessel arrive at the load port prior to the stated laydays, the
Notice of Readiness will not be accepted until the first layday.
b) In case that the Vessel cannot arrive at the load port during the
laydays, Charterer has the right to elect to cancel the Vessel.
c) If the Charterer elects to cancel, Owner has liability for storage and /or
Page 1 of 18
interest charges, if any.
d) Charterer keeps the right to present claim for compensation in aspect
with additional freight of chartering a new vessel.
2. COMMODITY
The cargo consists of mill scale, the moisture content of which shall not
exceed the limits provided in the IMO Regulations and the cargo will be
loaded and shipped in accordance with that code.
3. CONTRACT QUANTITY
Full of 7,500 metric tons ten percent more or less in Charterer’s option
mill scale in bulk. Moisture content to be within transportable moisture
limit. Cargo to be loaded/stowed in strict accordance with local/IMO
Regulations. If cargo is to be carried as part cargo, it shall be loaded in
sole/exclusive holds. No commingling allowed.
4. FREIGHT CLAUSE
Freight as agreed to be US $46.00 (Forty six U.S. dollars and Zero cents)
per intaken metric ton, basis 1-1, free in and out and spout trimmed to
IMO requirements to Nantong of China. The following rate apply to the
optional discharge ports:
US $43.00 per intaken metric ton to Shanghai, China.
5. COMPLETION CARGO
Page 2 of 18
The Owner shall not contaminate cargo after cargo is loaded and before
cargo is discharged. If cargo is contaminated by wood splinters, dunnage
or other foreign matter, cost of cleaning such contaminated cargo to be for
the Owner’s account and time used not to count. Any costs incurred as a
result of salt water contamination of cargo to be for the Owner’s account.
This will include, but not be limited to, demurrage due to delays in
unloading, costs of removing damaged material and cost of material
contaminated, unless a matter of General Average.
6. VESSEL DESCRIPTION
VSL ITINERARY:
PRINCE RUPERT, BC 16 NOVEMBER, 2012
VANCOUVER WA. 21 NOVEMBER, 2012
ABOVE IS AGW, WP, FME, WOG
(b) No cargo shall be loaded in deep tanks, or in any place not accessible
to grabs. If any cargo be loaded nevertheless in places not accessible
to grabs, any time lost and all extra expenses over and above the cost
of normal grab discharge shall be for the Owner's account.
(c) At loading and discharging ports, vessel is to arrive with hatches open,
weather and local regulations permitting.
Vessel shall open and close hatches to permit loading and unloading so
long as the vessel is not prevented from doing so by any law, port
Page 3 of 18
regulations or by stevedoring or longshoremen requirements. Any
delays in opening or closing hatches shall not count as laytime or time
on demurrage. Vessel shall close each hatch as soon as the loading into
same has finished, and also all hatches when the loading or
discharging has finished for the day. During rain or snow, the vessel
shall also close all hatches at which loading or discharging is not
actually going on.
(d) Vessel shall not take on or pump ballast at loading and discharging
ports without obtaining permission of the Charterer’s agents.
(f) The Owner shall, throughout the voyage, maintain vessel's gear in
good and efficient working order and shall maintain vessel's gear
certification. The Owner shall allow the Charterer free use of all gear
as on board and shall supply sufficient power to drive same. Any time
lost by reason of inadequate certificates, or by stoppage caused by
deficiency of ship's gear, shall not count. Stevedore standby time and
any other proven costs arising in connection with either of the above
shall be for Owner’s account.
(g) Vessel's cargo gear and all other equipment shall comply with
regulations established by U.S. Public Law 85-742 (Safety and Health
Regulations for Long shoring), and other local government regulations
require. If longshoremen are not permitted to work due to failure of
the Captain and/or the Owner to comply with these regulations then
any delay resulting shall be for the Owner’s account.
(h) The Charterer hereby disclaims any liability for any claim made
against the vessel for oil or any other type of pollution arising out of
collision or leakage, spilling or voluntary discharge whilst the vessel is
employed under this Contract. The Owner to be solely responsible for
such claims and to hold harmless the Charterer in respect of any and
all costs, expenses and damages sustained or incurred by the Charterer
by reason of same claims addressed directly to them.
(i) Vessel shall not take or, release, or switch from one tank or other
compartment to another, any ballast, fresh water or fuel oil while
surveyor is taking draft survey readings and/or tank soundings. Vessel
shall furnish certified calibration scales for all ballast, fuel and fresh
water tanks and plimsoll marks amidship and draft marks on port and
starboard sides, bow and stern, shall be clearly marked and cut on
Page 4 of 18
shell plating. Vessel shall furnish capacity plan, displacement scale
and deadweight scale and they shall be certified by Captain as to
correctness at time of loading.
7. LOADING BERTH
The vessel shall load at one safe berth #7, Vancouver, Washington, U.S.A,
always afloat.
If Owner not agrees on the mentioned berth, Owner shall lodge his
objection before this Charter Party signing.
8. DISCHARGING BERTH
The vessel shall discharge at one safe berth, one safe port Nantong, or
Shanghai in Charterer’s option China, in always afloat.
If Owner not agrees on the mentioned berth, Owner shall lodge his
objection before this Charter Party signing.
(a) Should the vessel not be ready to load (whether in berth or not) on or
before midnight of cancelling date, the Charterer has the option to
cancel the cargo lifting, such option to be declared, if demanded, not
later than forty-eight (48) hours before vessel's expected arrival at port
of loading. If the Charterer elects not to cancel, the Owner has liability
for storage and /or interest charges, if any. If the voyage is cancelled
pursuant to this clause, the Charterer shall not be required to provide
the cancelled cargo to the Owner for purposes of transportation under
this Single Voyage Contract.
(b) The Owner shall give the Charterer or their agent notices of the
vessel's E.T.A. at the following ports and at the following times prior
to arrival:
(i) loading port namely ten (10) days, seven (7) days, and
seventy-two (72) hours, forty-eight (48) hours and
twenty-four (24) hours;
Page 5 of 18
when delivered personally or when given by telex, telegram,
cablegram, e-mail, radiogram, or telephone. If the notice or request is
made by telephone, it shall be confirmed by one of the aforementioned
methods.
(d) Upon completion of loading, Vessel will sail directly from Vancouver,
WA to discharge port, to be declared by Charterers 4 days upon vessel
sailing load port.
(a) Notice of Readiness to load shall be given in writing by the Master, the
Owner or their agent, to the Charterer during the periods of 0800 to
1700 hours Monday to Friday, and 0800 to 1200 hours Saturday (local
and legal holidays excluded) after the vessel has received free pratique,
inspection, and is ready in all respects to load the cargo. In the event
the load berth is not available on vessel's arrival, the Charterer is
obligated to arrange hold inspection at anchorage or waiting berth.
(a) Cargo to be loaded and spout-trimmed at the rate of 5,000 metric tons
per weather working day of twenty-four (24) hours, Sundays and
holidays excluded, unless used, but only time actually used to count as
laytime.
(b) Cargo to be discharged at the average rate of 8,000 metric tons per
weather working day of twenty-four (24) hours, Sundays and holidays
excluded, unless used, but only time actually used to count as laytime.
or
Page 6 of 18
ii) 8:00 a.m. on the next working day if NOR is tendered
during normal business hours after 12:00 noon on any
working day, unless loading of mill scale is sooner
commenced, in which case the time actually used shall count
as laytime.
Time lost waiting for a berth or at the request of the relevant Port
authorities, moving on or off a berth or from one berth to another shall
count as laytime used. However, if such request is due to difficulties
with the vessel, time lost in moving on or off a berth or from one berth
to another shall not count as laytime. Any time lost in unloading in
order to repair the vessels equipment or by fault of the vessel, its
owners, master or their agents shall not count as laytime or time on
demurrage. If local labor regulations at port of unloading permit a
vessels crew to perform such functions, the crew of the vessel shall
open/close hatches and remove/replace beams and any time required to
do so shall not count as laytime.
(e) Any additional trimming required by Master over and above the
minimum IMO Regulations and local regulations shall be at the
Owner’s time and expense.
(f) Cargo shall be discharged and holds swept clean free of risk and
expense to the Owner, but any additional cleaning shall be at the
Owner’s time and expense.
Page 7 of 18
(h) At loading and discharging ports, shifting time from anchorage to the
berth is not to count as laytime or time on demurrage.
(j) In the event the Master orders draft survey(s) taken at loading port
prior to completion of loading, time spent for such survey(s) shall not
be included in laytime or time on demurrage and any expenses shall be
for the Owner's account.
(k) The Owner will provide laytime statement with Notice of Readiness
and Statement of Facts within thirty (30) days after completion of
discharge.
(l) Any extra costs incurred at the load port due to vessel’s tween-dec
construction to be for Owner’s account.
(n) Vessel to arrive at the port of discharge without any cargo over-stowed.
12. DEMURRAGE/DESPATCH
Demurrage, if any, shall be paid by the Charterer to the Owner at the rate
of US $10,000 (Ten thousand U.S. dollars) per like weather working day
of 24 hours.
Despatch shall be paid to the shipper at half the demurrage rate for all
laytime saved. Laytime shall be calculated on a non-reversible basis.
Page 8 of 18
(b) Ninety-five percent (95%) of the freight is payable to the Owner on
Bill of Lading weight on signing and releasing a full set of Bills of
Lading marked "Freight payable as per Charter Party." under
Charterer’s Assignment of Proceeds under Clause 4. Freight shall be
calculated on the Bill of Lading weight as established by draft survey
at the load berth.
(d) Freight payment shall be made in United States funds to the Owner's
bank as follows:
TBA
(e) The Charterer shall have the liberty of deducting, address and
brokerage commissions from the freight payment.
14. OVERTIME
Overtime shall be for the account of the party ordering same but, if
ordered by port authorities or by port regulations, it shall be paid for by
the Charterer. Notwithstanding the foregoing, all overtime worked by
vessel's officers and crew shall be for the Owner's account.
(a) At loading and/or discharging port all taxes and/or dues on freight
and/or vessel to be for the Owner's account, and all taxes and/or dues
on cargo, including service and facilities charges, to be for the
Charterer’s account.
(b) At loading and discharging ports all customs fees, entrance or
clearance fees, towing and tug charges, pilotages, berthing dues,
agency fees, and all other usual port charges on the vessel shall be for
the Owner's account.
(c) The Owner to provide funds in advance for any estimated port
disbursements.
(a) The Master, or authorized agent, shall sign Bills of Lading, at any
freight required by the Charterer but not less than the chartered rate,
Page 9 of 18
marked "Freight Payable As Per Charter Party”, and the quantity shall
be in accordance with the weight as established by the Charterer’s
draft survey. If the Owner so chooses, an independent draft survey
may be held to verify cargo quantity at the Owner’s time, risk and
expense. If freight prepaid bills are called for, freight must be 100%
prepaid prior to release of bills of lading.
(b) Congen Bill of Lading shall be used and such Congen Bill of Lading
shall contain the following clause:
Each Bill of Lading issued under this agreement shall contain the
following clause:
"This Bill of Lading shall have effect subject to the provisions of the
Carriage of Goods by Sea Act of the United States, approved April 16,
1936, which shall be deemed surrender by the Carrier of any of its rights
or immunities or an increase of any of its responsibilities or liabilities
under the said Act. If any term of this Bill of Lading be repugnant to said
Act to any extent such term shall be void to that extent but no further."
18. LIENS
The Master and the Owner shall have an absolute lien on the cargo for all
freight, deadfreight and demurrage due to the vessel under this Single
Voyage Contract.
19. STEVEDORES
20. AGENTS
Page 10 of 18
The Owner shall appoint the Charterer’s nominated agents at the ports of
loading and discharge. The Owner to pay customary agency fees at
loading and discharging port. Load/Discharge rotation in the Owner’s
option.
21. COMMISSIONS
(a) It is understood that neither the Charterer nor the Owner shall be
liable for demurrage, freight, deadfreight, loss, damage, claims or
demands of any nature whatsoever incurred or suffered by the
Page 11 of 18
Charterer or the Owner or the vessel due to delays or defaults in
performance under this Single Voyage Contract caused by public
enemies, perils of navigation, floods, fires, hostilities, war (declared
or undeclared), accidents on railways or in mines or mining
equipment, executive or administrative orders, or acts of either
general or particular application of any government or of any person
purporting to act under the authority of any such government, or
requests of any such person purporting so to act, illegality arising
from applicable domestic or foreign laws or regulations, blockades,
labor disturbances, strikes, riots, insurrections, civil commotion,
quarantine, restrictions, epidemics, frosts, storms, earthquakes,
accidents, explosions, breakdown or injury to, or expropriation,
confiscation or requisitioning of raw materials of producing,
manufacturing, selling, delivery or receiving companies or facilities,
refusal of the receiver or other purchasers of mill scale to accept
further deliveries of same from the Charterer whether for reason of
force majeure or otherwise imposition of restrictions or onerous
regulations by any government or governmental agency, or by
rationing or allocation, whether imposed by law or assumed as the
result of the voluntary cooperation of industry at the insistence or
request of by government or of a person of authority purporting to
act for any government, or by any event which shall not reasonably
be within the control of the Charterer or the Owner, as the case may
be, whether similar to the causes specified above or not (hereafter
referred to as an "event of force majeure").
(c) If an event of force majeure occurs after vessel has tendered Notice
of Readiness to load hereunder, the Owner, after consulting with the
Charterer, shall have the option, to cancel the voyage provided the
Owner declares such cancellation to the Charterer within twenty-
four (24) hours of receiving notice of the event of force majeure.
Page 12 of 18
America, U.S.S.R., and People's Republic of China or any country to
which mill scale may be delivered which have the effect of
endangering or disrupting the voyages to be undertaken under this
Single Voyage Contract or the voyages to the loading port, either party
shall have the right to suspend this Single Voyage Contract during the
period of such events or to cancel this Single Voyage Contract by
giving written notice to the other. Upon receipt of such notice by either
party this Single Voyage Contract shall be suspended or cancelled and
if so suspended or cancelled, cargo already loaded shall be discharged
either at the loading port, or if the vessel has commenced the voyage,
at the nearest safe place ordered by the Charterer at the risk and
expense of the Charterer.
(1) No Bills of Lading to be signed for any blockaded port and if the
port of discharge be declared blockaded after Bills of Lading have
been signed, or if the port to which the ship had been ordered to
discharge either on signed Bills of Lading or thereafter be one to
which the ship is or shall be prohibited from going by the
government of the nation under whose flag the ship sails or by any
other government, the Owner shall discharge the cargo at any other
Page 13 of 18
port as ordered by the Charterer (provided such other port is not a
blockaded or prohibited port as above mentioned) and shall be
entitled to freight as if the ship had discharged at the port of
discharge to which she was originally ordered.
(2) The ship shall have the liberty to comply with any orders or
directions as to departure, arrival, routes, ports of call, stoppages,
destination, delivery or otherwise howsoever given by the
government of the nation under whose flag the vessel sails or any
department thereof, or any person acting or purporting to act with
the authority of such government or any department thereof, or any
committee or person having, under the terms of the War Risks
Insurance on the ship, the right to give such orders or directions
anything is done or is not done, the same shall not be deemed a
deviation, and delivery in accordance with such orders or directions
shall be a fulfillment of the contract voyage and the freight shall be
payable accordingly.
The vessel has liberty to deviate and call at any port or place for
necessaries, including repairs and shelter, and to tow or assist vessels in
distress and deviate for the purpose of saving life or property.
If the liability for any collision in which the vessel is involved while
performing under this Single Voyage Contract fails to be determined in
accordance with the laws of the United States of America, the following
clause shall apply:
"If the vessel comes into collision with another vessel as a result of the
negligence of the other ship and any act, neglect or default of the
Master mariner, pilot or the servants of the Carrier in the navigation or
in the management of the vessel, the owners of the cargo carried
hereunder will indemnify the Carrier against all loss or liability to the
other or non-carrying ship or her owners in so far as such loss or
liability payment of any sacrifices, losses or expenses of a general
average nature that may be made or incurred and shall pay salvage and
special charges incurred in respect of the goods."
Page 14 of 18
paid for as fully as if the said ship or ships belonged to strangers. Such
deposit as the Carrier or his agents may deem sufficient to cover the
estimated contribution of the goods and any salvage and special charges
thereon shall, if required, be made by the goods, shippers consignees or
owners of the goods to the Carrier before delivery and all Bills of
Lading issued under this Single Voyage Contract shall be deemed to
contain the same clause."
The vessel, in addition to all other liberties, shall have the liberty as part
of the contract voyage and at any stage thereof to proceed to any port or
ports whatsoever whether such ports are on or off the direct and/or
customary route or routes to the ports of loading or discharge named in
this Single Voyage Contract and there take oil bunkers in any quantity
in the discretion of the Owner even to the full capacity of fuel tanks,
deep tanks and any other compartment in which oil can be carried
whether such amount is or is not required for the chartered voyage.
The Owner shall not operate the vessel contrary to any law from time to
Page 15 of 18
time applicable thereto or contrary to any rules and regulations which
may be from time to time prescribed pursuant to such law or engaged in
any trade contrary to such law or otherwise violate any such law or
carry any cargo that would expose the vessel to penalty, forfeiture or
capture under any such law. For the purpose of this provision, the term
"law" shall include without limitations the laws of Canada, Japan, South
Korea, Taiwan and the United States of American or the country under
whose flag the vessel hereunder is registered or any country to which
cargo loaded under this Single Voyage Contract is to be delivered.
The pilot, Master, officers and crew of the vessel and tow boat, person
or facility assisting the vessel shall not be deemed to be agents or
employees of the Charterer and the Charterer shall not be liable for any
loss, damage or claim resulting from or arising out of negligence or
error of any of them while the vessel is proceeding to or from or lying
at any place of loading and discharging.
34. ANTI-POLLUTION
Page 16 of 18
Quality Improvement Act. If required, the Owner shall show proof of
the above noted financial responsibility and certificates.
35. CONFIDENTIALITY
36. ARBITRATION
Should any dispute arise between the Owner and the Charterer, the
matter in dispute shall be referred to three arbitrators in London
(English Law to apply), one to be appointed by each of the parties
hereto, and the third by the two so chosen. The arbitration shall be
conducted and finally settled in accordance with the rules of
conciliation and arbitration of the International Chamber of Commerce.
The decision of the arbitrators or that of any two of them shall be final
and for the purpose of enforcing any award, this agreement may be
made a rule of court. The arbitrators shall be commercial men
conversant with shipping matters and not lawyers, barristers, attorneys
or members of the legal profession.
38. LIGHTERAGE
Owner: Charterer:
__________________________
WESTFAL-LARSEN SHIPPING AS Aspen Global Trading, Inc.
Monterey Park, California, USA
Page 17 of 18