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<instruction>Predict the relevant tags for the following text segment, which pertains to a document from the maritime industry.</instruction> | <input>Shipper Combined Transport Waybill No. Reference No.
Consignee (not to order) Notify address Vessel
Place of receipt Port of loading
Place of delivery Port of discharge
Marks and Nos Quantity and description of goods Gross weight, kg, Measurement, m3
Particulars above declared by Shipper
Freight payable at RECEIVED the goods in apparent good order and condition and, as far as ascertained by reasonable means of checking, as specified
above unless otherwise stated.
The Carrier, in accordance with and to the extent of the provisions contained in this Sea Waybill, and with liberty to sub-contract,
undertakes to perform and/or in its own name to procure performance of the multimodal transport and the delivery of the goods,
inclSuding all services related thereto, from the place and time of taking the goods in charge to the place and time of delivery and
Freight and charges accepts responsibility for such transport and such services.
a
The Shipper shall be entitled to transfer right of control of the cargo to the Consignee, the exercise of such option to be noted on
this Sea Waybill and to be made no later than the receipt of the cargo by the Carrier.
m
p
l
Shipper’s declared value of Place and date of issue
subject to payment of above extra charge. e
Note: The Merchant’s attention is called to the fact that according to Clauses 9-12 and Clause 25 of this Sea
Waybill, the liability of the Carrier is, in most cases, limited in respect of loss of or damage to tche goods and
delay.
o
p
Carrier:………………………………………………………………..………….(insert name)
y
Signature:………………………………………………….……..……………..(Carrier*/Master*/Agent*)
*Delete as appropriate
If signed by an Agent indicate with a tick ☑ whether for and on behalf of:
☐ Master; or
☐ Carrier
Agent…………………………….….…………………………………………...(insert name)
Copyright © 2016 BIMCO. All rights reserved. Any unauthorised copying, duplication, reproduction or distribution of this BIMCO SmartCon document will
constitute an infringement of BIMCO’s copyright. First published 1995, revised 2016.
v. 1.1. Dated 26 May 2016. Clause 23 (General Average) updated to refer to York-Antwerp Rules 2016.
COMBICONWAYBILL 2016
NON-NEGOTIABLE COMBINED TRANSPORT SEA WAYBILL
Page 2
I.GENERAL PROVISIONS there be no commodity exchange price or current market price, by reference 17. Shipper's Responsibility
1. Applicability to the normal value of goods of the same kind and quality. The Shipper shall be deemed to have guaranteed to the Carrier the accuracy,
Notwithstanding the heading "Combined Transport", the provisions set out (3) Compensation shall not, however, exceed two Special Drawing Rights per at the time the goods were taken in charge by the Carrier, of the description of
and referred to in this Sea Waybill shall also apply, if the transport as described kilogramme of gross weight of the goods lost or damaged. the goods, marks, number, quantity and weight, as furnished by him, and the
in this Sea Waybill is performed by one mode of transport only. (4) Higher compensation may be claimed only when, with the consent of the Shipper shall defend, indemnify and hold harmless the Carrier against all loss,
Carrier, the value for the goods declared by the Shipper which exceeds the damage and expenses arising or resulting from inaccuracies in or inadequacy
2. Definitions limits laid down in this Clause has been stated on the face of this Sea Waybill of such particulars. The right of the Carrier to such indemnity shall in no way
"Carrier" means the party on whose behalf this Sea Waybill has been signed. at the place indicated. In that case the amount of the declared value shall be limit its responsibility and liability under this Sea Waybill to any person other
"Merchant" includes the Shipper; the Receiver, the Consignor, the Consignee substituted for that limit. than the Shipper. The Shipper shall remain liable even if the goods have been
and the owner of the goods. delivered.
11. Special Provisions for Liability and Compensation</input> | <output>
1. COMBICONWAYBILL 2016
2. WAYBILL
3. MULTIMODAL
</output> |
<instruction>Predict the relevant tags for the following text segment, which pertains to a document from the maritime industry.</instruction> | <input>3. Carrier's Tariff (1) Notwithstanding anything provided for in Clauses 9 and 10 of this Sea 18. Shipper-packed Containers, etc.
The terms of the Carrier's applicable Tariff at the date of shipment are Waybill, if it can be proved where the loss or damage occurred, the Carrier and (1) If a container has not been filled, packed or stowed by the Carrier, the
incorporated herein. Copies of the relevant provisions of the applicable Tariff the Merchant shall, as to the liability of the Carrier, be entitled to require such Carrier shall not be liable for any loss of or damage to its contents and the
are available from the Carrier upon request. In the case of inconsistency liability to be determined by the provisions contained in any international Merchant shall cover any loss or expense incurred by the Carrier, if such loss,
between this Sea Waybill and the applicable Tariff, this Sea Waybill shall convention or national law, which provisions: damage or expense has been caused by:
prevail. (a) cannot be departed from by private contract, to the detriment of the (a) negligent filling, packing or stowing of the container;
claimant, and (b) the contents being unsuitable for carriage in container; or
4. Time Bar (b) would have applied if the Merchant had made a separate and direct (c) the unsuitability or defective condition of the container unless the
All liability whatsoever of the Carrier shall cease unless suit is brought within 9 contract with the Carrier in respect of the particular stage of transport where container has been supplied by the Carrier and the unsuitability or defective
months after delivery of the goods or the date when the goods should have the loss or damage occurred and received as evidence thereof any particular condition would not have been apparent upon reasonable inspection at or
been delivered. document which must be issued if such international convention or national prior to the time when the container was filled, packed or stowed.
law shall apply. (2) The provisions of sub-clause (1) of this Clause also apply with respect to
5. Law and Jurisdiction (2) Insofar as there is no mandatory law applying to carriage by sea by virtue of trailers, transportable tanks, flats and pallets which have not been filled,
Disputes arising under this Sea Waybill shall be determined by the courts and the provisions of sub-clause 11(1), the liability of the Carrier in respect of any packed or stowed by the Carrier.
in accordance with the law at the place where the Carrier has its principal carriage by sea shall be determined by the International Brussels Convention (3) The Carrier does not accept liability for damage due to the unsuitability or
place of business. 1924 as amended by the Protocol signed at Brussels on February 23rd 1968 - defective condition of reefer equipment or trailers supplied by the Merchant.
The Hague/Visby Rules.
II. PERFORMANCE OF THE CONTRACT The Hague/Visby Rules shall also determine the liability of the Carrier in 19. Dangerous Goods
6. Methods and Routes of Transportation respect of carriage by inland waterways as if such carriage were carriage by (1) The Merchant shall comply with all internationally recognised requirements
(1) The Carrier is entitled to perform the transport and all services related sea. Furthermore, they shall apply to all goods, whether carried on deck or and all rules which apply according to national law or by reason of
thereto in any reasonable manner and by any reasonable means, methods and under deck. international Convention, relating to the carriage of goods of a dangerous
routes. nature, and shall in any event inform the Carrier in writing of the exact nature
(2) In accordance herewith, for instance, in the event of carriage by sea, 12. Delay, Consequential Loss, etc. of the danger before goods of a dangerous nature are taken into charge by the</input> | <output>
1. COMBICONWAYBILL 2016
2. WAYBILL
3. MULTIMODAL
</output> |
<instruction>Predict the relevant tags for the following text segment, which pertains to a document from the maritime industry.</instruction> | <input>vessels may sail with or without pilots, undergo repairs, adjust equipment, If the Carrier is held liable in respect of delay, consequential loss or damage Carrier and indicate to him, if need be, the precautions to be taken.
drydock and tow vessels in all situations. other than loss of or damage to the goods, the liability of the Carrier shall be (2) Goods of a dangerous nature which the Carrier did not know were
limited to the freight for the transport covered by this Sea Waybill, or to the dangerous, may, at any time or place, be unloaded, destroyed, or rendered
7. Optional Stowage value of the goods as determined in Clause 10, whichever is the lesser. harmless, without compensation; further, the Merchant shall be liable for all
(1) Goods may be stowed by the Carrier by means of containers, trailers, expenses, loss or damage arising out of their handing over for carriage or of
transportable tanks, flats, pallets, or similar articles of transport used to 13. Notice of Loss of or Damage to the Goods their carriage.
consolidate goods. (1) Unless notice of loss of or damage to the goods, specifying the general (3) If any goods shipped with the knowledge of the Carrier as to their
(2) Containers, trailers, transportable tanks and covered flats, whether stowed nature of such loss or damage, is given In writing by the Merchant to the dangerous nature shall become a danger to any person or property, they may
by the Carrier or received by him in a stowed condition from the MercShant, Carrier when the goods are handed over to the Merchant, such handing over is in like manner be landed at any place or destroyed or rendered innocuous by
may be carried on or under deck without notice to the Merchant. prima facie evidence of the Delivery by the Carrier of the goods as described in the Carrier without liability on the part of the Carrier except to General
this Sea Waybill. Average, if any.
8. Hindrances etc. Affecting Performance (a2) Where the loss or damage is not apparent, the same prima facie effect shall
(1) The Carrier shall use reasonable endeavours to complete the transport and apply if notice in writing is not given within three (3) consecutive days after the 20. Return of Containers
to deliver the goods at the place designated for delivery. day when the goods were handed over to the Merchant. (1) For the purpose of this Clause the Consignor shall mean the person who
(2) If at any time the performance of the contract as evidenced by this Sea concludes this Contract with the Carrier and the Consignee shall mean the
Waybill is or will be affected by any hindrance, risk, delay, difficulty or 14. Defemnces and Limits for the Carrier, Servants, etc. person entitled to receive the goods from the Carrier.
disadvantage of whatsoever kind, and if by virtue of sub-clause 8 (1) the (1) The defences and limits of liability provided for in this Sea Waybill shall (2) Containers, pallets or similar articles of transport supplied by or on behalf
Carrier has no duty to complete the performance of the contract, the Carrier apply in any action apgainst the Carrier for loss or damage to the goods whether of the Carrier shall be returned to the Carrier in the same order and condition
(whether or not the transport is commenced) may elect to: the action can be founded iln contract or in tort. as handed over to the Merchant, normal wear and tear excepted, with
(a) treat the performance of this Contract as terminated and place the goods (2) The Carrier shall not be entitled to the benefit of the limitation of liability interiors clean and within the time prescribed in the Carrier's tariff or
at the Merchant's disposal at any place which the Carrier shall deem safe and provided for in sub-clause 10 (3), if it is proved that the loss or damage elsewhere.
convenient; resulted from a personal act eor omission of the Carrier done with intent to (3)(a) The Consignor shall be liable for any loss of, damage to, or delay,</input> | <output>
1. COMBICONWAYBILL 2016
2. WAYBILL
3. MULTIMODAL
</output> |
<instruction>Predict the relevant tags for the following text segment, which pertains to a document from the maritime industry.</instruction> | <input>or cause such loss or damage or reckle ssly and with knowledge that damage including demurrage, of such articles, incurred during the period between
(b) deliver the goods at the place designated for delivery. would probably result. handing over to the Consignor and return to the Carrier for carriage.
(3) If the goods are not taken delivery of by the Merchant within a reasonable (b) The Consignor and the Consignee shall be jointly and severally liable for any
c
time after the Carrier has called upon him to take delivery, the Carrier shall be 15. International Group of P&I Clubs/BIMCO Himalaya Clause for bills of loss of, damage to, or delay, including demurrage, of such articles, incurred
at liberty to put the goods in safe custody on behalf of the Merchant at the lading and other contracts 2014 during the period between handing over to the Consignee and return to the
latter's risk and expense. (a) For the purposes of this contract, the termo “Servant” shall include the Carrier.
(4) In any event the Carrier shall be entitled to full freight for goods received owners, managers, and operators of vessels (other than the Carrier);
for transportation and additional compensation for extra costs resulting from underlying carriers; stevedores and terminal operators; and any direct or V. FREIGHT AND LIEN
the circumstances referred to above. indirect servant, agent, or subcontractor (including theirp own subcontractors), 21. Freight
or any other party employed by or on behalf of the Carrier, or whose services (1) Freight shall be deemed earned when the goods have been taken in charge
III. CARRIER'S LIABILITY or equipment have been used to perform this contract wheyther in direct by the Carrier and shall be paid in any event.
9. Basic Liability contractual privity with the Carrier or not. (2) The Merchant's attention is drawn to the stipulations concerning currency
(1) The Carrier shall be liable for loss of or damage to the goods occurring (b) It is hereby expressly agreed that no Servant shall in any circumstances in which the freight and charges are to be paid, rate of exchange, devaluation
between the time when it receives the goods into its charge and the time of whatsoever be under any liability whatsoever to the Merchant or other party and other contingencies relative to freight and charges in the relevant tariff
delivery. to this contract (hereinafter termed “Merchant”) for any loss, damage or delay conditions. If no such stipulation as to devaluation exists or is applicable the
(2) The Carrier shall be responsible for the acts and omissions of any person of of whatsoever kind arising or resulting directly or indirectly from any act, following shall apply:
whose services he makes use for the performance of the contract of carriage neglect or default on the Servant’s part while acting in the course of or in If the currency in which freight and charges are quoted is devalued between
evidenced by this Sea Waybill. connection with the performance of this contract. the date of the freight agreement and the date when the freight and charges
(3) The Carrier shall, however, be relieved of liability for any loss or damage if (c) Without prejudice to the generality of the foregoing provisions in this are paid, then all freight and charges shall be automatically and immediately
such loss or damage arose or resulted from: clause, every exemption, limitation, condition and liberty contained herein increased in proportion to the extent of the devaluation of the said currency.
(a) The wrongful act or neglect of the Merchant. (other than Art III Rule 8 of the Hague/Hague-Visby Rules if incorporated (3) For the purpose of verifying the freight basis, the Carrier reserves the right
(b) Compliance with the Instructions of the person entitled to give them. herein) and every right, exemption from liability, defence and immunity of to have the contents of containers, trailers or similar articles of transport</input> | <output>
1. COMBICONWAYBILL 2016
2. WAYBILL
3. MULTIMODAL
</output> |
<instruction>Predict the relevant tags for the following text segment, which pertains to a document from the maritime industry.</instruction> | <input>(c) The lack of, or defective conditions of packing in the case of goods which, whatsoever nature applicable to the carrier or to which the carrier is entitled inspected in order to ascertain the weight, measurement, value, or nature of
by their nature, are liable to wastage or to be damaged when not packed or hereunder including the right to enforce any jurisdiction or arbitration the goods.
when not properly packed. provision contained herein shall also be available and shall extend to every
(d) Handling, loading, stowage or unloading of the goods by or on behalf of the such Servant of the carrier, who shall be entitled to enforce the same against 22. Lien
Merchant. the Merchant. The Carrier shall have a lien on the goods for any amount due under this
(e) Inherent vice of the goods. (d) (i) The Merchant undertakes that no claim or allegation whether arising in Contract and for the costs of recovering the same, and may enforce such lien
(f) Insufficiency or inadequacy of marks or numbers on the goods, covering, or contract, bailment, tort or otherwise shall be made against any Servant of the in any reasonable manner, including sale or disposal of the goods.
unit loads. carrier which imposes or attempts to impose upon any of them or any vessel
(g) Strikes or lock-outs or stoppages or restraints of labour from whatever owned or chartered by any of them any liability whatsoever in connection with VI. MISCELLANEOUS PROVISIONS
cause whether partial or general. this contract whether or not arising out of negligence on the part of such 23. General Average
(h) Any cause or event which the Carrier could not avoid and the consequence Servant. The Servant shall also be entitled to enforce the foregoing covenant (1) General Average shall be adjusted at any port or place at the Carrier's
whereof it could not prevent by the exercise of reasonable diligence. against the Merchant; and option, and to be settled according to the York-Antwerp Rules 2016, this
(4) Where under sub-clause 9 (3) the Carrier is not under any liability in respect (ii) The Merchant undertakes that if any such claim or allegation should covering all goods, whether carried on or under deck. The New Jason Clause as
of some of the factors causing the loss or damage, it shall only be liable to the nevertheless be made, it will indemnify the carrier against all consequences approved by BIMCO to be considered as incorporated herein.
extent that those factors for which it is liable under this Clause have thereof. (2) Such security including a cash deposit as the Carrier may deem sufficient to
contributed to the loss or damage. (e) For the purpose of sub-paragraphs (a)-(d) of this clause the Carrier is or cover the estimated contribution of the goods and any salvage and special
(5) The burden of proving that the loss or damage was due to one or more of shall be deemed to be acting as agent or trustee on behalf of and for the charges thereon, shall, if required, be submitted to the Carrier prior to delivery
the causes or events, specified in (a), (b) and (h) of sub-clause 9 (3) shall rest benefit of all persons mentioned in sub-clause (a) above who are its Servant of the goods.
upon the Carrier. and all such persons shall to this extent be or be deemed to be parties to this
(6) When the Carrier establishes that in the circumstances of the case, the loss contract. 24. Both-to-Blame Collision Clause
or damage could be attributed to one or more of the causes or events, The Both-to-Blame Collision Clause as adopted by BIMCO shall be considered
specified in (c) to (g) of sub-clause 9 (3), it shall be presumed that it was so IV. DESCRIPTION OF GOODS incorporated herein.
caused. The Merchant shall, however, be entitled to prove that the loss or 16. Carrier's Responsibility
damage was not, in fact, caused either wholly or partly by one or more of the The information in this Sea Waybill shall be prima facie evidence of the taking 25. U.S. Trade</input> | <output>
1. COMBICONWAYBILL 2016
2. WAYBILL
3. MULTIMODAL
</output> |
<instruction>Predict the relevant tags for the following text segment, which pertains to a document from the maritime industry.</instruction> | <input>causes or events. in charge by the Carrier of the goods as described by such information unless a (1) In case the contract evidenced by this Sea Waybill is subject to the Carriage
contrary indication, such as "shipper's weight, load and count", "Shipper- of Goods by Sea Act of the United States of America, 1936 (U.S. COGSA), then
10. Amount of Compensation packed container" or similar expressions, have been made in the printed text the provisions stated in the said Act shall govern before loading and after
(1) When the Carrier is liable for compensation in respect of loss of or damage or superimposed on the Sea Waybill. As between the Carrier and Consignee discharge and throughout the entire time the goods are in the Carrier's
to the goods, such compensation shall be calculated by reference to the value the information in the Sea Waybill shall be conclusive evidence of receipt of custody.
of such goods at the place and time they are delivered to the Merchant in the goods as so stated and proof to the contrary shall not be permitted (2) If the U.S. COGSA applies, and unless the nature and value of the goods
accordance with the contract or should have been so delivered. provided always that the Consignee has acted in good faith. have been declared by the shipper before the goods have been handed over to
(2) The value of the goods shall be fixed according to the commodity exchange the Carrier and inserted in this Sea Waybill, the Carrier shall in no event be or
price or, if there be no such price, according to the current market price or, if become liable for any loss of or damage to the goods in an amount exceeding
USD 500 per package or customary freight unit.
Copyright © 2016 BIMCO. All rights reserved. Any unauthorised copying, duplication, reproduction or distribution of this BIMCO SmartCon document will constitute an infringement of BIMCO’s copyright. First published
1995, revised 2016. v. 1.1. Dated 26 May 2016. Clause 23 (General Average) updated to refer to York-Antwerp Rules 2016.</input> | <output>
1. COMBICONWAYBILL 2016
2. WAYBILL
3. MULTIMODAL
</output> |
<instruction>Predict the relevant tags for the following text segment, which pertains to a document from the maritime industry.</instruction> | <input>To: [insert name and address of the Buyer]
(1) In this Guarantee, the following terms have the following meanings:
‘Contract’ means the contract dated [insert date] made between the Builder and you for the construction of the
Vessel.
‘Contractual Interest’ means the sum payable on an Instalment at the rate of interest prescribed by the Contract
as applicable to any part of an Instalment which the Builder is obliged to repay under the terms of the Contract,
calculated from the date on which the Builder received the Instalment to the date of your receipt of the
repayment.
‘Demand’ means a written demand for payment under this Guarantee made by one of your officers accompanied
by (a) a copy of the written demand made by you to the Builder for repayment under the Contract, and (b) a
statement from you made by one of your officers confirming that the sums demanded by you are due and owing,
and all served in accordance with Clause 10 below.
‘Instalment’ means the amount of each payment in respect of the contract price under the Contract (to the
extent that it has not been refunded) which is made on, before or after the date of this Guarantee to the Builder
(or at the Builder’s direction) by you or on your behalf.
‘Maximum Liability’ means the aggregate amount of the paid Instalments under the Contract (which shall not
exceed [here insert amount]) plus Contractual Interest.
‘Builder’ means [here insert name and address of shipbuilder]
‘Vessel’ means [here insert technical description and/or name]
(2) In consideration of you entering into the Contract, agreeing to pay an Instalment or Instalments to the Builder,
and agreeing to accept this Guarantee pursuant to the Contract, at the request of the Builder we irrevocably and
unconditionally guarantee (but as primary obligor and not by way of secondary liability only) that if the Builder
becomes liable under the Contract to repay any part of any Instalment we shall, upon receipt by us from you of
a Demand, pay to you, or in the event that this Guarantee is assigned pursuant to Clause 8 below, to the assignee,
upon the expiry of thirty (30) days from receipt of such Demand the sum demanded by you by way of the
repayment of the aggregate of the paid Instalments under the Contract plus Contractual Interest provided that
our total liability shall not exceed the Maximum Liability.
This Guarantee shall be in force and effect from the date of the Builder’s actual receipt of the first Instalment.
The amount of this Guarantee will be automatically increased upon the Builder’s receipt of the respective
Instalments, each time by the amount of such Instalment, plus Contractual Interest.
(3) This Guarantee is an independent on-demand guarantee and not a secondary liability guarantee. It shall not in
any event be affected by any indulgence or delay allowed to the Builder nor by any amendment to, or variation
of, or supplement to, the Contract, whether as to time or otherwise that may be agreed between you and the
Builder nor by any circumstances that would otherwise discharge our liability as guarantor.
BIMCO Refund Guarantee for Shipbuilding Contracts
(4) Subject to Clause 5 below, this Guarantee shall remain in force until the first to occur of (a) due delivery of the
Vessel to you and acceptance of the Vessel by you under the Contract; (b) the payment to you by the Builder or
by us of all sums secured by this Guarantee; or (c) [here insert date], (the “Validity Period”); provided that the
Demand must be made no later than the end of the Validity Period. However, notwithstanding the foregoing, if
within twenty-eight (28) days after our receipt of a Demand we receive a written notice from you or the Builder
that your claim for the repayment of any sums referred to in the Demand has been disputed and that such
dispute has been referred to arbitration or the court in accordance with the Contract (a “Notice of Dispute”), the</input> | <output>
1. SHIP BUILDING
2. SHIP FINANCING
3. GUARANTEE
</output> |
<instruction>Predict the relevant tags for the following text segment, which pertains to a document from the maritime industry.</instruction> | <input>Validity Period shall be automatically extended until thirty (30) days after the dispute has been finally determined
in accordance with Clause 5 below.
(5) Notwithstanding the other terms of this Guarantee, if within twenty-eight (28) days after our receipt of a Demand
we receive a Notice of Dispute from you or from the Builder, then (a) we shall not be obliged to make any
payment to you under this Guarantee until thirty (30) days after the dispute has been finally determined by
arbitration or the court or in the event of an appeal from an arbitration award or court, until thirty (30) days after
delivery of the final unappealable judgment of the appellate court; or in the event that the appellate court remits
the matter back to the arbitration tribunal, until thirty (30) days after the publication of the revised final award
or in the event of an appeal from that award, until thirty (30) days after delivery of the final unappealable
judgment of the appellate court; and, (b) our liability under this Guarantee shall be to pay to you, upon receipt
by us from you of a further demand accompanied by a copy of the award or as the case may be a copy of the
judgment, the amount finally awarded, or adjudged by the court, to be due to you under the Contract as
guaranteed hereby provided that our total liability shall not exceed the Maximum Liability.
(6) All payments to be made under this Guarantee shall be made without any set off or counterclaim and without
deduction or withholding for or on account of any taxes, duties or charges whatsoever, unless we are compelled
by law to deduct or withhold the same in which case we shall make the minimum deduction or withholding
permitted, and will pay such additional amounts as may be necessary in order that the amount received by you
after such deductions or withholdings shall be equal to the amount which would have been received had no such
deduction or withholding been made.
(7) All payments to be made under this Guarantee shall be made in freely transferable [here insert currency].
(8) Notwithstanding any provision in the Contract, any of your rights under this Guarantee shall be freely assignable
by you (a) to your financiers who are financing the purchase price of the Vessel under the Contract without our
prior consent, or (b) to any other assignee with our prior written consent which shall not be unreasonably
withheld.
(9) (a) Law and Arbitration Clause*
(i) This contract shall be governed by and construed in accordance with English law and any dispute arising out
of or in connection with this Guarantee shall be referred exclusively to arbitration in London in accordance with
the Arbitration Act 1996 or any statutory modification or re-enactment thereof save to the extent necessary to
give effect to the provisions of this clause. The seat of arbitration shall be London even where any hearing takes
place in another jurisdiction.
(ii) The reference shall be to three (3) arbitrators unless the Parties agree otherwise.
(iii) The arbitration shall be conducted in accordance with the London Maritime Arbitrators Association (LMAA)
Terms.
(iv) The terms and procedures referred to in subclause (iii) above shall be those current at the time when the
arbitration proceedings are commenced.
(v) Any and all notices and communications in relation to any arbitration proceedings under this Clause, including
commencement notices and appointment of arbitrators, shall be treated as effectively served from the date and
time the e-mail was sent by e-mail to the e-mail addresses below:
BIMCO Refund Guarantee for Shipbuilding Contracts
Name of party to this contract:
E-mail address(es) for receipt of notices and communications on behalf of the above party: [here insert e-mail
address(es)]
Name of other party to this contract:
E-mail address(es) for receipt of notices and communications on behalf of the above party: [here insert e-mail
address(es)]</input> | <output>
1. SHIP BUILDING
2. SHIP FINANCING
3. GUARANTEE
</output> |
<instruction>Predict the relevant tags for the following text segment, which pertains to a document from the maritime industry.</instruction> | <input>Either party shall be entitled to change and/or add to the e-mail addresses above by sending notice of change to
the other party at the above address (or, if previously amended by notice, the relevant amended addresses).
Nothing in this Clause shall prevent any notice and communication in relation to any arbitration proceedings in
connection with this contract being served by other effective means.
(b) Law and Jurisdiction* - This Guarantee is governed by English law and we hereby submit to the exclusive
jurisdiction of the High Court of England and Wales in relation to any legal proceedings concerning this
Guarantee. We hereby authorise and nominate the following agent to accept service of any such court
proceedings on our behalf: [here insert name and address].
* subclauses 9(a) and 9(b) are alternatives; delete whichever is not applicable. In the absence of deletions,
subclause 9(a) shall apply.
(10) Save as provided in Clause 9 above, any notice, claim, Demand, further demand or Notice of Dispute to be given
or made by you under this Guarantee shall be served on us by hand, registered post, courier, e-mail or by SWIFT
or equivalent, and if served by hand, registered post or courier, to [here insert address] (or such other address
as we may notify to you in writing) or if by e-mail to [here insert e-mail address] or if by SWIFT or equivalent at
[here insert number] via your bank and shall be effective only upon actual receipt.
(11) We hereby warrant that we are permitted by any relevant law to which we are subject (including, where relevant,
the laws of the place or places of each of our incorporation, establishment, regulation, registration and residence)
to:
(i) issue a guarantee in this form,
(ii) make payment under this Guarantee in a currency other than that of the place of (where relevant) each of
our incorporation, establishment, regulation, registration and residence in case of a Demand or further demand
for payment under this Guarantee, and
(iii) designate the place stated in paragraph 9 above as the forum and the place of jurisdiction to which we
irrevocably submit.
(12) We hereby warrant that we have obtained all necessary approvals and authorisations to issue and perform our
obligations under this Guarantee.
Dated the day of
………………………………………………………………. (signature)
for and on behalf of [here insert name of Guarantor]</input> | <output>
1. SHIP BUILDING
2. SHIP FINANCING
3. GUARANTEE
</output> |
<instruction>Predict the relevant tags for the following text segment, which pertains to a document from the maritime industry.</instruction> | <input>CODE NAME: “CHEMTANKWAYBILL 85”
“Shipper tst=<“CtsSSSTSTC—C“C(CS;S;73}ThCté<CStd NON-NEGOTIABLE CTWB No.
CHEMICAL TANK
WAYBILL
Reference No.
Consignee (not to order)
Notify address
Vessel Port of loading
Port of discharge
Description of cargo (OV Weight (in metric tons)
Particulars declared by the Shipper
Issued pursuant to Charter Party indicated RECEIVED on board the cargo specified above, according to Shipper’s decla-
hereunder ration in apparent good order and condition - unless otherwise stated herein -
weight, volume, quality and value unknown, for delivery at the port of discharge or
so near thereto as the Vessel may safely get, always afloat.
The cargo shipped under this Waybill will be delivered to the Party named as Con-
1 signee or its authorised agent, on production of proof of identity without any docu-
Charter Party (Code name, place and mentary formalities. The Carrier to exercise due care ensuring that delivery is made
date of issue) to the proper party. However, in case of incorrect delivery, no responsibility will be
accepted unless due to fault or neglect on the part of the Carrier.
FOR CONDITIONS OF CARRIAGE SEE OVERLEAF.
Freight payable in accordance therewith. Freight payable at Place and date-of:/seue
Signature
Printed and sold by
Fr. G. Knudtzons Bogtrykkeri A/S, 61 Vallensbaekvej, DK-2625 Vallensbaek.
Telefax +45 43 55 07 08 by authority of
The Baltic and Intemational Maritime Council, (BIMCO}, Copenhagen
NON-NEGOTIABLE RECOMMENDED
CHEMICAL TANK
by
WAYBILL BIMCO (The Baltic and International Maritime Council)
i EPCA (The European Petrochemical Association)
CODE NAME: “CHEMTANKWAYBILL 85” ECCTO (European Coastal Chemical Tanker Owners)
INTERTANKO (International Association of
Independent Tanker Owners)
Conditions of Carriage.
(1) This Waybill, whichis nota document of title to the cargo, is subject to the terms and conditions, liberties and exceptions of the Voyage Charter Party
dated as overleaf and to the provisions set out below.
(2) Paramount Clause
(a) This Waybill is not a bill of lading and no bill of lading will be issued. However, it is agreed that the Hague Rules contained in the International
Convention for the Unification of certain rules relating to Bills of Lading, dated Brussels the 25th August 1924 as enacted in the country of shipment
shall apply to this Waybill. When no such enactment is in force in the country of shipment, the corresponding legislation of the country of destination
shall apply, but in respect of shipments to which no such enactments are compulsorily applicable, the terms of the said Convention shall apply in
exactly the same way.
(b) Trades where Hague-Visby Rules apply.
In trades where the International Brussels Convention 1924 as amended by the Protocol signed at Brussels
Rules - apply compulsorily, the provisions of the respective legislation shall also apply to this Waybill.
Vessel or while the goods are in the charge of another Carrier nor in respect of deck cargo.
(d) It is agreed that whenever the Brussels Convention and the Brussels Protocol or statuteg
shall be read and interpreted as meaning “Waybill".
(3) General Average
General Average shall be adjusted, stated and settled according to York-Antwerp
Charter Party.
Cargo's contribution to General Average shall be paid to the Carrier even w
or Crew. The Charterers, Shippers and Consignees expressly yé
cial Code, Part Il, Art. 148.
a general average nature that may be made or
lf a salving vessel is owned or operated by the</input> | <output>
1. CHEMTANKWAYBILL 85
2. WAYBILL
3. CHEMICAL
</output> |
<instruction>Predict the relevant tags for the following text segment, which pertains to a document from the maritime industry.</instruction> | <input>Master, Mariner, Pilot or the Servants é@ Catrier in the navigation or in the management of the Vessel, the owners of the cargo carried hereunder
will indemnify the Carrier against all lossr liability to the other or non-carrying vessel or her owners in so far as such loss or liability represents loss
of, or damage to, or any claim whatsoever-cof the owners of the said cargo, paid or payable by the other or non-carrying vessel or her owners to the
owners of the said cargo and set-off, recouped or recovered by the other or non-carrying vessel or her owners as part of their claim against the carrying
vessel or the Carrier.
The foregoing provisions shall also apply where the owners, operators or those in charge of any vessel or vessels or objects other than, or in addition
to, the colliding vessels or objects are at fault in respect of a collision or contact.
For particulars of cargo, freight,
destination, etc., see overleaf.</input> | <output>
1. CHEMTANKWAYBILL 85
2. WAYBILL
3. CHEMICAL
</output> |
<instruction>Predict the relevant tags for the following text segment, which pertains to a document from the maritime industry.</instruction> | <input>To:
From:
(the “Managers”)
Dear Sirs
Date:
m.v. “ ” (the “Vessel”)
1. Background
We refer to certain financing arrangements between, amongst others, (“the Owners”) and yourselves in
respect of the Vessel.
We understand that this Letter of Undertaking in favour of yourselves in respect of the Vessel is one of the
conditions of the said financing arrangements.
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2. Definitions a
In this Letter of Undertaking the follmowing definitions apply:
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“Management Agreement” means the managelment agreement attached at ANNEX 1 to this Letter of
Undertaking (as may be amended, supplemented or restated from time to time).
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“Owners’ Borrowing” means the financing arrangements under the (state title and date of loan
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arrangement).
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“Earnings” means, in relation to the Vessel, all monies whatsoever which are now, or later become, payable
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(actually or contingently) to the Owners or the Finance Parties and which arise out of the use or operation of
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the Vessel (but not limited to):
(a) all freight, hire and passage monies, money or compensation payable for the provision of services by or
from the Vessel or under any charter commitment, compensation payable to the Owners or the Finance
Parties in the event of requisition of the Vessel for hire, general average contribution, remuneration for
salvage and towage services, demurrage and detention monies and damages for breach (or payments
for variation or termination) of any charter party or other contract for the employment of the Vessel;
(b) all monies which are at any time payable under Insurances in respect of loss of earnings; and
(c) if and whenever the Vessel is employed on terms whereby any monies falling within paragraphs (a) or
(b) are pooled or shared with any other person, that proportion of the net receipts of the relevant
pooling or sharing arrangement which is attributable to the Vessel.
“Finance Parties” means the banks, financial institutions, their agents and security agents, and any other
financing or creditor parties according to the Owners’ Borrowing.
“Insurances” means, in relation to the Vessel:
(a) any policy and contract of insurance including entries of the Vessel in any protection and indemnity or
war risk association, effected in relation to the Vessel and the Vessel’s Earnings whether before or after
the date of the Owners’ Borrowing; and
(b) all rights and other assets relating to, or derived from, any such policies and contracts of insurance
(including any rights to a return of premium).
“Permitted Credit” means any credit extended by us to the Owners or the Vessel, not exceeding an amount in
aggregate of US$750,000 at any time, in connection with our management of the Vessel, whether pursuant to
the Management Agreement (as defined in paragraph 3 below) or otherwise, for or in respect of our
management fees, general management expenses, victualling or other costs, expenses and disbursements
made or incurred by us for or on behalf of the Owners or the Vessel (including without limitation any costs,
expenses and disbursements (including payment of wages) incurred or made by us in respect of the officers
and crew of the Vessel).
“Requisition Compensation” means, in relation to the Vessel:
(a) any and all compensation or other monies payable by reason of any act or event such as is referred to in
paragraph (b) or (c) of the definition of “Total Loss” relating to the Vessel; and
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(b) all claims, rights and remedies of the Owners against the government or official authority or person or
persons claiming to be ora to represent a government or official authority or other entity in relation to (a)
above.
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“Total Loss” means, in relation to the Vessel:
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(a) any actual, constructive, compromised, agreed or arranged total loss of the Vessel;
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(b) any expropriation, confiscation, requisition or acquisition of the Vessel, whether or not for consideration
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(full, partial or nominal), which is effected by any government or official authority or by any person or</input> | <output>
1. LOU
2. SHIP MANAGEMENT
</output> |
<instruction>Predict the relevant tags for the following text segment, which pertains to a document from the maritime industry.</instruction> | <input>persons claiming to be or to represent a governmenot or official authority, unless it is within thirty (30)
days redelivered to the Owners’ full control;
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(c) any arrest, capture, seizure or detention of the Vessel except as described in paragraph (d) below unless
it is within sixty (60) days redelivered to the Owners’ full control; and
(d) any hijacking or theft of the Vessel by act of piracy unless the Vessel is within one hundred and eighty-
three (183) days released and restored to the full control of the Owners from such hijacking or theft.
3. Appointment
We hereby confirm that we have been appointed by the Owners as the managers of the Vessel and have
accepted such appointment on the terms of the Management Agreement.
4. Undertakings
In consideration of the Finance Parties granting approval to our appointment as managers of the Vessel, we
hereby irrevocably and unconditionally agree with and undertake to yourselves that for the duration of our
appointment under the Management Agreement:
(a) we shall not amend, supplement or restate the Management Agreement in any material way without
your prior written consent, which shall not be unreasonably withheld or delayed, except that we may
terminate the Management Agreement as provided for therein;
(b) in the event we decide to terminate the Management Agreement for any non-payment by the Owners
we shall give you at least fifteen (15) days’ notice of our intention to do so;
(c) we shall not, without your prior written consent, extend any credit to the Owners, whether in respect of
our fees, general management expenses, victualling or other disbursements on behalf of the Owners,
whether pursuant to the Management Agreement or otherwise, except for the Permitted Credit;
(d) all claims of whatsoever nature which we have or may at any time hereafter have, whether in our
capacity as managers of the Vessel, the Earnings, Insurances or Requisition Compensation or against the
Owners shall be in all respects subordinate to all of the rights and claims, whether actual or contingent,
of all the Finance Parties in respect of Owners’ Borrowings, except in respect of any Permitted Credit;
(e) we shall not take, accept or receive the benefit of any security, guarantee, indemnity or other assurance
against loss from the Owners in respect of any claims we may have from time to time arising out of or in
connection with the Management Agreement;
(f) we shall not exercise any right of set-off or counterclaim or take any step to exercise or enforce any
right or remedy or initiate legal or quasi-legal proceedings in any jurisdiction arising out of or in
connection with the Management Agreement which we have against the Owners or the Vessel, the
Earnings, the Insurances or any Requisition Compensation, except in respect of any Permitted Credit;
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(g) we shall not compete witah any of the Finance Parties in a liquidation or other winding-up or bankruptcy
(or equivalent in any relevant jurisdiction) of Owners or in any legal or administration action or any
quasi legal proceedings in conmnection with the Vessel, the Earnings, Insurances, Requisition
Compensation or any other property or assets of the Owners, except in respect of any Permitted Credit;
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(h) if we receive or recover any amount or distribution in breach of our obligations under this Letter of
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Undertaking or prior to the discharge of Owne rs’ Borrowings, we shall hold that amount on trust for
you;
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(i) we shall upon your first written request deliver to yoou, at your cost and expense, any documents related
to the services provided by us under the Management Agreement, which are reasonably accessible and
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not subject to any restrictions by law or any confidentiality obligations, in respect of the Vessel, the
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Earnings, Insurances and Requisition Compensation;
(j) we shall not sub-contract or delegate our appointment as managers without your prior written consent,
except as provided for under the Management Agreement;</input> | <output>
1. LOU
2. SHIP MANAGEMENT
</output> |
<instruction>Predict the relevant tags for the following text segment, which pertains to a document from the maritime industry.</instruction> | <input>(k) if requested by you as a result of acceleration of the Owners’ Borrowing we shall terminate the
Management Agreement with immediate effect and hand over any and all documents and information
relating to the Vessel and cooperate with our replacement as managers of the Vessel. Such termination
shall be without prejudice to our rights accrued due prior to the date of termination under the
Management Agreement; and
(l) we agree to give consent to the broker and/or underwriters of the Vessel to enable you to collect or
recover any monies payable in respect of the Insurances.
5. Insurance
(a) If we are named as an assured under any obligatory insurances, we confirm that our interest is limited
as follows:
(i) in respect of any obligatory insurances for hull and machinery and war risks:
(1) to any provable out-of-pocket expenses that we have incurred and which form part of any
recoverable claim on underwriters; and
(2) to any third-party liability claims where cover for such claims is provided by the policy and
then only in respect of discharge of any claims made against us; and
(ii) in respect of any obligatory insurances for protection and indemnity risks, to any recoveries we
are entitled to make by way of reimbursement following discharge of any third-party liability
claims by us.
(b) We agree that your interest may be endorsed on the Insurances by the incorporation of the loss payable
clauses agreed by you with the Owners and the relevant insurers in the form at ANNEX 2.
(c) We agree that any monies received by you in respect of such insurances may be applied in accordance
with the terms of the Owners’ Borrowing and will cooperate with you to achieve this.
6. Further Assurances
We agree to do such things as may be necessary to give effect to the provisions of this Letter of Undertaking,
including the execution of any documents.
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7. Termination a
Our obligations under this Letter of mUndertaking shall terminate when the Owners’ Borrowing has been
discharged in full.
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8.1 Governing Law and Jurisdiction
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(a) This Letter of Undertaking and any non-contractual obligations arising out of or in connection with it
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shall be governed by and construed in accordance with English law.
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(b) The courts of England have jurisdiction to settle any dispute arising out of or in connection with this
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Letter of Undertaking (including a dispute relating to the existence, validity or termination of this Letter
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of Undertaking or any non-contractual obligation arising out of or in connection with this Letter of
Undertaking (“Disputes”)).
(c) This paragraph 8.1(c) is for the benefit of the Finance Parties, and the Finance Parties shall not be
prevented from taking proceedings relating to a Dispute in any other courts with jurisdiction. To the
extent permitted by law, the Finance Parties may take concurrent proceedings in any number of
jurisdictions.
(d) We appoint as our agents for process in England:
8.2* Governing Law and Jurisdiction
(a) This Letter of Undertaking and any non-contractual obligations arising out of or in connection with it
shall be governed by and construed in accordance with law.
(b) The courts of have jurisdiction to settle any dispute arising out of or in connection with this Letter
of Undertaking (including a dispute relating to the existence, validity or termination of this Letter of
Undertaking or any non-contractual obligation arising out of or in connection with this Letter of
Undertaking (“Disputes”)).
(c) This Paragraph 8.2(c) is for the benefit of the Finance Parties, and the Finance Parties shall not be
prevented from taking proceedings relating to a Dispute in any other courts with jurisdiction. To the
extent permitted by law, the Finance Parties may take concurrent proceedings in any number of
jurisdictions.
*Note: This paragraph 8.2* is an alternative to paragraph 8.1 above – delete/remove the alternative not
agreed/not applicable.
9. Notices</input> | <output>
1. LOU
2. SHIP MANAGEMENT
</output> |
<instruction>Predict the relevant tags for the following text segment, which pertains to a document from the maritime industry.</instruction> | <input>Any notice or other communication under or in connection with this Letter of Undertaking shall be in writing
and shall be delivered personally, or sent by letter, courier or e-mail to the following addresses:
(a) For the Managers, to:
Address:
Fax:
Email:
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Attention: a
(b) For you to: m
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Address: l
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Fax:
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Email:
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Attention:
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or to such other address as the recipient may notify or may have notified to the other party in writing.
EXECUTED on the date stated at the beginning of this Letter of Undertaking.
EXECUTED by (the “Managers”)
_____________________________
ANNEX 1 (MANAGEMENT AGREEMENT)
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ANNEX 2 (LOSS PAYABLE CLAUSE)
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1. LOU
2. SHIP MANAGEMENT
</output> |
<instruction>Predict the relevant tags for the following text segment, which pertains to a document from the maritime industry.</instruction> | <input>1. Place and date of Agreement 2. Date of commencement of Agreement (Cls. 2, 9, 17 and
21)
3. Owners (name, place of registered office and law of 4. Crew Managers (name, place of registered office and law
registry) (Cl. 1) of registry) (Cl. 1)
(i) Name: (i) Name:
(ii) Place of registered office: (ii) Place of registered office:
(iii) Law of registry: (iii) Law of registry:
5. The Company (with reference to the ISM/ISPS Codes) 6. Crew Insurance arrangements (state “yes” or “no” as
(state name and IMO Unique Company Identification agreed) (Cl. 5)
number. If the Company is a third party then also state (i) Crew Insurances:
registered office and principal place of business) (Cl. 1) (ii) Insurance for persons proceeding to sea onboard (Cl.
(i) Name: 5(a)):
(ii) IMO Unique Company Identification number:
(iii) Place of registered office:
(iv) Principal place of business: 7. Optional insurances (state optional insurance(s) as
agreed, such as piracy, kidnap and ransom, loss of hire
and FD & D) (Cl. 8(a)(iv))
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8. Interest (state rate of interest to apply after due date to 9. Crew management fee (state monthly fee (Cl. 9(a))
outstanding sums) (Cl. 7(a)) a
10. Crew Manager’s nominated account (Cml.9(a)) 11. Daily rate (state rate for days in excess of those agreed in
budget) (Cl. 9(c))
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12. Lay-up period / number of months (Cl.9(d))
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13. Minimum contract period (state number of months) (Cl. 14o. Crew management fee on termination (state number of
17(a)) mponths to apply) (Cls. 18(g) and 18(h)(i))
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15. Severance Costs (state maximum amount) (Cl. 18(h)(ii)) 16. Dispute Resolution (state alternative 19(a), 19(b) or
19(c); if 19(c) place of arbitration must be stated) (Cl. 19)
17. Notices (state full style contact details for serving notice 18. Notices (state full style contact details for serving notice
and communication to the Owners) (Cl. 20) and communication to the Crew Managers) (Cl. 20)
It is mutually agreed between the party stated in Box 3 and the party stated in Box 4 that this Agreement consisting of PART l
and PART ll as well as Annexes “A” (Details of Vessel or Vessels), “B” (Details of Crew), “C” (Budget) and “D” (Associated Vessels)
attached hereto, shall be performed subject to the conditions contained herein. In the event of a conflict of conditions, the
provisions of PART l and Annexes “A”, “B”, “C” and “D” shall prevail over those of PART ll to the extent of such conflict but no
further.
Signature(s) (Owners) Signature(s) (Crew Managers)
Copyright © 2009 BIMCO. All rights reserved. Any unauthorised copying, duplication, reproduction or distribution of this BIMCO SmartCon document will
constitute an infringement of BIMCO’s copyright. Explanatory notes are available from BIMCO at www.bimco.org. First published 1999, revised 2009.
PART II
CREWMAN A 2009
SECTION 1 – Basis of the Agreement
1. Definitions
In this Agreement, save where the context otherwise requires, the following words and expressions shall have
the meanings hereby assigned to them.
“Company” (with reference to the ISM Code and the ISPS Code) means the organization identified in Box 5 or
any replacement organization appointed by the Owners from time to time (see Sub-clause 7(b)).
“Connected Person” means any person connected with the provision and the performance of the Crew
Management Services.
“Crew” means the personnel of the numbers, rank and nationality specified in Annex “B” hereto.
“Crew Insurances” means insurance of liabilities in respect of crew risks which shall include but not be limited to
death, permanent disability, sickness, injury, repatriation, shipwreck, unemployment, indemnity and loss of
personal effects (see Clause 5 (Crew Insurances) and Clause 8 (Insurance Policies) and Boxes 6 and 7).
“Crew Managers” means the party identified in Box 4.
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“Crew Management Services” means the services specified in Clause 4 (Crew Management) and all other
functions performed by the Crewa Managers under the terms of this Agreement.</input> | <output>
1. CREWMAN A COST PLUS FEE 2009
2. SHIP MANAGEMENT
3. CREWING
</output> |
<instruction>Predict the relevant tags for the following text segment, which pertains to a document from the maritime industry.</instruction> | <input>“Crew Support Costs” means all emxpenses of a general nature which are not particularly referable to any
individual vessel for the time being managed by the Crew Managers and which are incurred by the Crew
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Managers for the purpose of providing an elfficient and economic Crew Management Service and, without
prejudice to the generality of the foregoing, shall include the cost of crew standby pay, training schemes for
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officers and ratings, cadet training schemes, sick pay, study pay, recruitment and interviews.
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“Flag State” means the State whose flag the Vessel is flying.
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“ISM Code” means the International Management Code for the Safe Operation of Ships and for Pollution
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Prevention and any amendment thereto or substitution therefor.
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“ISPS Code” means the International Code for the Security of Ships and Port Facilities and the relevant
amendments to Chapter XI of SOLAS and any amendment thereto or substitution therefor.
“Owners” means the party identified in Box 3.
“Severance Costs” means the costs which are legally required to be paid to the Crew as a result of the early
termination of any contracts for service on the Vessel.
“SMS” means the Safety Management System (as defined by the ISM Code).
“STCW 95” means the International Convention on Standards of Training, Certification and Watchkeeping for
Seafarers, 1978, as amended in 1995 and any amendment thereto or substitution therefor.
“Vessel” means the vessel or vessel’s details of which are set out in Annex “A” attached hereto.
2. Commencement and Appointment
With effect from the date stated in Box 2 for the commencement of the Crew Management Services and
continuing unless and until terminated as provided herein, the Owners hereby appoint the Crew Managers and
Copyright © 2009 BIMCO. All rights reserved. Any unauthorised copying, duplication, reproduction or distribution of this BIMCO SmartCon
document will constitute an infringement of BIMCO’s copyright. Explanatory notes are available from BIMCO at www.bimco.org. First published
1999, revised 2009.
PART II
CREWMAN A 2009
the Crew Managers hereby agree to act as the crew managers of the Vessel in respect of the Crew Management
Services.
3. Authority of the Crew Managers
Subject to the terms and conditions herein provided, during the period of this Agreement, the Crew Managers
shall carry out the Crew Management Services in respect of the Vessel as agents for and on behalf of the Owners.
The Crew Managers shall have authority to take such actions as they may from time to time in their absolute
discretion consider to be necessary to enable them to perform the Crew Management Services in accordance
with sound crew management practice, including but not limited to compliance with all relevant rules and
regulations.
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Copyright © 2009 BIMCO. All rights reserved. Any unauthorised copying, duplication, reproduction or distribution of this BIMCO SmartCon
document will constitute an infringement of BIMCO’s copyright. Explanatory notes are available from BIMCO at www.bimco.org. First published
1999, revised 2009.
PART II
CREWMAN A 2009
SECTION 2 – Services
4. Crew Management
The Crew Managers shall provide suitably qualified Crew who shall comply with the requirements of STCW 95.
The provision of the Crew Management Services includes, but is not limited to, the following services:
(a) selecting, engaging and providing for the administration of the Crew, including, as applicable, payroll
arrangements, pension arrangements, tax, social security contributions and other mandatory dues related to
their employment payable in each Crew member’s country of domicile;
(b) ensuring that the applicable requirements of the law of the Flag State in respect of rank, qualification and
certification of the Crew and employment regulations, such as Crew’s tax and social insurance, are satisfied;
(c) ensuring that all Crew have passed a medical examination with a qualified doctor certifying that they are fit for</input> | <output>
1. CREWMAN A COST PLUS FEE 2009
2. SHIP MANAGEMENT
3. CREWING
</output> |
<instruction>Predict the relevant tags for the following text segment, which pertains to a document from the maritime industry.</instruction> | <input>the duties for which they are engaged and are in possession of valid medical certificates issued in accordance
with appropriate Flag State requirements or such higher standard of medical examination as may be agreed with
the Owners. In the absence of applicable Flag State requirements the medical certificate shall be valid at the time
when the respective Crew member arrives on board the Vessel and shall be maintained for the duration of the
service on board the Vessel;
(d) ensuring that the Crew shall have a common working language and a command of the English language of a
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sufficient standard to enable them to perform their duties safely;
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(e) ensuring that the Crew, before joining the Vessel, are given proper familiarisation with their duties in relation to
the ISM Code; m
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(f) instructing the Crew to obey all reasonable ordlers of the Owners and/or the Company including, but not limited
to, orders in connection with safety and navigation, avoidance of pollution and protection of the environment;
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(g) ensuring that no Connected Person shall proceed to sea on board the Vessel without the prior consent of the
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Owners and/or the Company (such consent not to be unreasonably withheld);
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(h) arranging transportation of the Crew, including repatriation;
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(i) training of the Crew;
(j) conducting union negotiations; and
(k) in the event that the Company’s drug and alcohol policy requires measures to be taken prior to the Crew joining
the Vessel, implementing such measures.
5. Crew Insurances
(Only applicable if agreed according to Box 6)
The Crew Managers shall throughout the period of this Agreement provide the following services:
(a) arranging Crew Insurances in accordance with the best practice of prudent managers of vessels of a similar type
to the Vessel, with sound and reputable insurance companies, underwriters or associations. Insurances for any
other persons proceeding to sea on board the Vessel may be separately agreed by the Owners and the Crew
Managers (see Box 6);
(b) ensuring that the Owners are aware of the terms, conditions, exceptions and limits of liability of the insurances
Copyright © 2009 BIMCO. All rights reserved. Any unauthorised copying, duplication, reproduction or distribution of this BIMCO SmartCon
document will constitute an infringement of BIMCO’s copyright. Explanatory notes are available from BIMCO at www.bimco.org. First published
1999, revised 2009.
PART II
CREWMAN A 2009
in Sub-clause 5(a);
(c) ensuring that all premiums or calls in respect of the insurances in Sub-clause 5(a) are paid by their due date;
(d) if obtainable at no additional cost, ensuring that insurances in Sub-clause 5(a) name the Owners as a joint assured
with full cover and, unless otherwise agreed, on terms such that Owners shall be under no liability in respect of
premiums or calls arising in connection with such insurances.
(e) providing written evidence, to the reasonable satisfaction of the Owners, of the Crew Managers’ compliance
with their obligations under Sub-clauses 5(b), and 5(c) within a reasonable time of the commencement of this
Agreement, and of each renewal date and, if specifically requested, of each payment date of the insurances in
Sub-clause 5(a).
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Copyright © 2009 BIMCO. All rights reserved. Any unauthorised copying, duplication, reproduction or distribution of this BIMCO SmartCon
document will constitute an infringement of BIMCO’s copyright. Explanatory notes are available from BIMCO at www.bimco.org. First published
1999, revised 2009.
PART II
CREWMAN A 2009
SECTION 3 – Obligations
6. Crew Managers’ Obligations
The Crew Managers undertake to use their best endeavours to provide the Crew Management Services as agents
for and on behalf of the Owners in accordance with sound crew management practice, and to protect and
promote the interests of the Owners in all matters relating to the provision of services hereunder.</input> | <output>
1. CREWMAN A COST PLUS FEE 2009
2. SHIP MANAGEMENT
3. CREWING
</output> |
<instruction>Predict the relevant tags for the following text segment, which pertains to a document from the maritime industry.</instruction> | <input>Provided, however, that in the performance of their management responsibilities under this Agreement, the
Crew Managers shall be entitled to have regard to their overall responsibility in relation to all vessels as may
from time to time be entrusted to their management and in particular, but without prejudice to the generality
of the foregoing, the Crew Managers shall be entitled to allocate available manpower in such manner as in the
prevailing circumstances the Crew Managers in their absolute discretion consider to be fair and reasonable.
7. Owners’ Obligations
The Owners shall:
(a) pay all sums due to the Crew Managers punctually in accordance with the terms of this Agreement. In the event
of payment after the due date of any outstanding sums the Crew Manager shall be entitled to charge interest at
the rate stated in Box 8;
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(b) procure that the requirements of the law of the Vessel’s Flag State are satisfied and that they, or such other
entity as may be appointed by thaem, are identified to the Crew Managers as the Company as required to comply
with the ISM and ISPS Codes. If the Company changes at any time during this Agreement, the Owners shall notify
the Crew Managers in a timely mannmer of the name and contact details of the new organization;
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(c) inform the Crew Managers prior to ordering thle Vessel to any excluded or additional premium area under any
of the Owners’ Insurances by reason of war risks and/or piracy or like perils and pay whatever additional costs
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may properly be incurred by the Crew Managers as a consequence of such orders including, if necessary, the
costs of replacing any member of the Crew. Any delays resulting from the negotiation with or replacement of
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any member of the Crew as a result of the Vessel being ordered to such an area shall be for the Owners’ account.
Should the Vessel be within an area which becomes an excluoded or additional premium area the above provisions
relating to cost and delay shall apply;
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(d) agree with the Crew Managers prior to any change of flag of the Vessel and pay whatever additional costs may
properly be incurred by the Crew Managers as a consequence of such change. If agreement cannot be reached
then either party may terminate this Agreement in accordance with Sub-clause 18(e);
(e) provide, at no cost to the Crew Managers, in accordance with the requirements of the law of the Flag State, or
higher standard, as mutually agreed, adequate Crew accommodation and living standards;
(f) ensure that the Crew, on joining the Vessel, are properly familiarised with their duties in accordance with the
Vessel’s SMS and that instructions which are essential to the SMS are identified, documented and given to the
Crew prior to sailing;
(g) unless otherwise agreed, arrange for the supply of provisions, at their own expense.
Copyright © 2009 BIMCO. All rights reserved. Any unauthorised copying, duplication, reproduction or distribution of this BIMCO SmartCon
document will constitute an infringement of BIMCO’s copyright. Explanatory notes are available from BIMCO at www.bimco.org. First published
1999, revised 2009.
PART II
CREWMAN A 2009
SECTION 4 –Insurance, Budgets, Income, Expenses and Fees
8. Insurance Policies
The Owners shall procure that throughout the period of this Agreement:
(a) at the Owners’ expense, the Vessel is insured for not less than its sound market value or entered for its full gross
tonnage, as the case may be, for:
(i) hull and machinery marine risks (including but not limited to crew negligence) and excess liabilities;
(ii) protection and indemnity risks (including but not limited to pollution risks, diversion expenses and, except to
the extent insured separately by the Crew Managers in accordance with Clause 5 (Crew Insurances));
NOTE: If the Crew Managers have not agreed to provide Crew Insurances separately in accordance with Clause
5 (Crew Insurances), then such insurances must be included in the protection and indemnity risks cover for the</input> | <output>
1. CREWMAN A COST PLUS FEE 2009
2. SHIP MANAGEMENT
3. CREWING
</output> |
<instruction>Predict the relevant tags for the following text segment, which pertains to a document from the maritime industry.</instruction> | <input>Vessel (see Sub-clause 8(a)(ii) above).
(iii) war risks (including but not limited to blocking and trapping, protection and indemnity, terrorism and crew
risks); and
(iv) such other optional insurances as may be agreed (such as piracy, kidnap and ransom, loss of hire and FD &
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D) (see Box 7).
a
Sub-clauses 8(a)(i) to 8(a)(iv) all in accordance with the best practice of prudent owners of vessels of a similar
type to the Vessel, with sound and rmeputable insurance companies, underwriters or associations (“the Owners’
Insurances”);
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(b) all premiums and calls on the Owners’ Insurances are paid by their due date;
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(c) the Owners’ Insurances name the Crew Managers and, subject to underwriters’ agreement, any third party
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designated by the Crew Managers as a joint assured, with full cover. It is understood that in some cases, such as
protection and indemnity, the normal terms for such coveor may impose on the Crew Managers and any such
third party a liability in respect of premiums or calls arising in connection with the Owners’ Insurances;
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(d) If obtainable at no additional cost, however, the Owners shall procure such insurances on terms such that neither
the Crew Managers nor any such third party shall be under any liability in respect of premiums or calls arising in
connection with the Owners’ Insurances. In any event, on termination of this Agreement in accordance with
Clause 17 (Duration of the Agreement) and Clause 18 (Termination), the Owners shall procure that the Crew
Managers and any third party designated by the Crew Managers as joint assured shall cease to be joint assured
and, if reasonably achievable, that they shall be released from any and all liability for premiums and calls that
may arise in relation to the period of this Agreement; and
(e) written evidence is provided, to the reasonable satisfaction of the Crew Managers, of the Owners’ compliance
with their obligations under this Clause within a reasonable time of the commencement of the Agreement, and
of each renewal date and, if specifically requested, of each payment date of the Owners’ Insurances.
9. Crew Management Fee and Expenses
(a) The Owners shall pay the Crew Managers for their services as crew managers under this Agreement a monthly
fee in the amount stated in Box 9 which shall be payable in advance, the first monthly fee (pro rata if appropriate)
being payable on the commencement of this Agreement (see Clause 2 (Commencement and Appointment) and
Box 2) and subsequent instalments being payable at the beginning of every calendar month. The crew
management fee shall be payable to the Crew Managers’ nominated account stated in Box 10.
Copyright © 2009 BIMCO. All rights reserved. Any unauthorised copying, duplication, reproduction or distribution of this BIMCO SmartCon
document will constitute an infringement of BIMCO’s copyright. Explanatory notes are available from BIMCO at www.bimco.org. First published
1999, revised 2009.
PART II
CREWMAN A 2009
(b) The crew management fee shall be subject to an annual review and the proposed fee shall be presented in the
annual budget referred to in Sub-clause 10(a).
(c) The Crew Managers shall, at no extra cost to the Owners, provide their own office accommodation, office staff,
facilities and stationery. Without limiting the generality of this Clause 9 (Crew Management Fee and Expenses)
the Owners shall reimburse the Crew Managers for postage and communication expenses, travelling expenses,
and other out of pocket expenses properly incurred by the Crew Managers in pursuance of the Crew
Management Services. Any days used by any Connected Person travelling to or from or attending on the Vessel
or otherwise used in connection with the Crew Management Services in excess of those agreed in the budget
shall be charged at the daily rate stated in Box 11.
(d) If the Owners decide to layup the Vessel and such layup lasts for more than the number of months stated in Box</input> | <output>
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</output> |
<instruction>Predict the relevant tags for the following text segment, which pertains to a document from the maritime industry.</instruction> | <input>12, an appropriate reduction of the crew management fee for the period exceeding such period until one month
before the Vessel is again put into service shall be mutually agreed between the parties. Consequential costs of
reduction and reinstatement of the Crew shall be for the Owners’ account. If agreement cannot be reached then
either party may terminate this Agreement in accordance with Sub-clause 18(e).
(e) Save as otherwise provided in this Agreement, all discounts and commissions obtained by the Crew Managers in
the course of the performance of the Crew Management Services shall be credited to the Owners.
10. Budgets and Management of Funds
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(a) The Crew Managers’ initial budget is set out in Annex “C” hereto. Subsequent budgets shall be for twelve month
periods and shall be prepared bay the Crew Managers and submitted to the Owners not less than three months
before the end of the budget year.
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(b) The Owners shall state to the Crew Managers in a timely manner but in any event within one month of
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presentation, whether or not they agree to ealch proposed annual budget. The parties shall negotiate in good
faith and if they fail to agree on the annual budget, including the crew management fee, either party shall have
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the right to terminate this Agreement in accordance with Sub-clause 18(e).
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(c) Following the agreement of the budget, the Crew Managers shall prepare and present to the Owners their
estimate of the Crew costs and shall each month request thoe Owners in writing to pay the funds required to crew
the Vessel for the ensuing month. Such funds shall be received by the Crew Managers within ten running days
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after the receipt by the Owners of the Crew Managers’ written request and shall be held to the credit of the
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Owners in a separate bank account.
(d) The Crew Managers shall at all times maintain and keep true and correct accounts in respect of the Crew
Management Services in accordance with the relevant International Financial Reporting Standards or such other
standard as the parties may agree, including records of all costs and expenditure incurred, and produce a
comparison between budgeted and actual income and expenditure in such form and at such intervals as shall be
mutually agreed.
The Crew Managers shall make such accounts available for inspection and auditing by the Owners and/or their
representatives in the Crew Managers’ offices or by electronic means, provided reasonable notice is given by the
Owners.
(e) Notwithstanding anything contained herein, the Crew Managers shall in no circumstances be required to use or
commit their own funds to finance the provision of the Crew Management Services.
Copyright © 2009 BIMCO. All rights reserved. Any unauthorised copying, duplication, reproduction or distribution of this BIMCO SmartCon
document will constitute an infringement of BIMCO’s copyright. Explanatory notes are available from BIMCO at www.bimco.org. First published
1999, revised 2009.
PART II
CREWMAN A 2009
SECTION 5 - Legal, General and Duration of Agreement
11. Trading Restrictions
The Owners and the Crew Managers will, prior to the commencement of this Agreement, agree on any trading
restrictions to the Vessel that may result from the terms and conditions of the Crew’s employment.
12. Replacement
The Owners shall have the right to require the replacement, at their own expense, at the next reasonable
opportunity, of any member of the Crew found on reasonable grounds to be unsuitable for service. If the Crew
Managers have failed to fulfil their obligations in providing suitable qualified Crew within the meaning of Clause
4 (Crew Management), then such replacement shall be at the Crew Managers’ expense.
13. Crew Managers’ Right to Sub-Contract
The Crew Managers shall not have the right to sub-contract any of their obligations hereunder without the prior
written consent of the Owners, which shall not be unreasonably withheld. In the event of such a sub-contract,</input> | <output>
1. CREWMAN A COST PLUS FEE 2009
2. SHIP MANAGEMENT
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</output> |
<instruction>Predict the relevant tags for the following text segment, which pertains to a document from the maritime industry.</instruction> | <input>the Crew Managers shall remain fully liable for the due performance of their obligations under this Agreement.
14. Responsibilities
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(a) Force Majeure
a
Neither party shall be liable for any loss, damage or delay due to any of the following force majeure events and/or
conditions to the extent that the parmty invoking force majeure is prevented or hindered from performing any or
all of their obligations under this Agreement, provided they have made all reasonable efforts to avoid, minimise
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or prevent the effect of such events and/or conlditions:
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(i) acts of God;
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(ii) any Government requisition, control, intervention, requirement or interference;
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(iii) any circumstances arising out of war, threatened act of war or warlike operations, acts of terrorism, sabotage
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or piracy, or the consequences thereof;
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(iv) riots, civil commotion, blockades or embargoes;
(v) epidemics;
(vi) earthquakes, landslides, floods or other extraordinary weather conditions;
(vii) strikes, lockouts or other industrial action, unless limited to the employees (which shall not include the Crew)
of the party seeking to invoke force majeure;
(viii) fire, accident, explosion except where caused by negligence of the party seeking to invoke force majeure;
and
(ix) any other similar cause beyond the reasonable control of either party.
(b) Crew Managers’ liability to Owners
Without prejudice to Sub-clause 14(a) the Crew Managers shall be under no liability whatsoever to the Owners
for any loss, damage, delay or expense of whatsoever nature, whether direct or indirect (including but not limited
Copyright © 2009 BIMCO. All rights reserved. Any unauthorised copying, duplication, reproduction or distribution of this BIMCO SmartCon
document will constitute an infringement of BIMCO’s copyright. Explanatory notes are available from BIMCO at www.bimco.org. First published
1999, revised 2009.
PART II
CREWMAN A 2009
to loss of profit arising out of or in connection with detention of or delay to the Vessel) and howsoever arising in
the course of performance of the Crew Management Services UNLESS same is proved to have resulted solely
from the negligence, gross negligence or wilful default of the Crew Managers or their employees or agents, or
sub-contractors employed by them in connection with the Vessel, in which case (save where loss, damage, delay
or expense has resulted from the Crew Managers’ personal act or omission committed with the intent to cause
same or recklessly and with knowledge that such loss, damage, delay or expense would probably result) the Crew
Managers’ liability for each incident or series of incidents giving rise to a claim or claims shall never exceed a
total of ten (10) times the annual crew management fee payable hereunder.
(c) Acts or omissions of the Crew
Notwithstanding anything that may appear to the contrary in this Agreement, the Crew Managers shall not be
liable for any acts or omissions of the Crew, even if such acts or omissions are negligent, grossly negligent or
wilful, except only to the extent that they are shown to have resulted from a failure by the Crew Managers to
discharge their obligations under Clause 6 (Crew Manager’s Obligations), in which case their liability shall be
limited in accordance with the terms of this Clause 14 (Responsibilities).
(d) Indemnity
Except to the extent and solely for the amount therein set out that the Crew Managers would be liable under
Sub-clause 14(b) the Owners hereby undertake to keep the Crew Managers and their employees, agents and
sub-contractors indemnified and to hold them harmless against all actions, proceedings, claims, demands or
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liabilities whatsoever or howsoever arising which may be brought against them or incurred or suffered by them
arising out of or in connection waith the performance of the Agreement, and against and in respect of all costs,
loss, damages and expenses (including legal costs and expenses on a full indemnity basis) which the Crew</input> | <output>
1. CREWMAN A COST PLUS FEE 2009
2. SHIP MANAGEMENT
3. CREWING
</output> |
<instruction>Predict the relevant tags for the following text segment, which pertains to a document from the maritime industry.</instruction> | <input>Managers may suffer or incur (eithemr directly or indirectly) in the course of the performance of this Agreement.
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(e) “Himalaya” l
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It is hereby expressly agreed that no employee or agent of the Crew Managers (including every sub-contractor
from time to time employed by the Crew Managers) shall in any circumstances whatsoever be under any liability
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whatsoever to the Owners for any loss, damage or delay of whatsoever kind arising or resulting directly or
indirectly from any act, neglect or default on his part whoile acting in the course of or in connection with his
employment and, without prejudice to the generality of the foregoing provisions in this Clause 14
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(Responsibilities), every exemption, limitation, condition and liberty herein contained and every right, exemption
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from liability, defence and immunity of whatsoever nature applicable to the Crew Managers or to which the Crew
Managers are entitled hereunder shall also be available and shall extend to protect every such employee or agent
of the Crew Managers acting as aforesaid and for the purpose of all the foregoing provisions of this Clause 14
(Responsibilities) the Crew Managers are or shall be deemed to be acting as agent or trustee on behalf of and for
the benefit of all persons who are or might be his servants or agents from time to time (including sub-contractors
as aforesaid) and all such persons shall to this extent be or be deemed to be parties to this Agreement.
15. General Administration
(a) The Crew Managers shall keep the Owners and, if appropriate, the Company informed in a timely manner of any
incident of which the Crew Managers become aware which gives or may give rise to delay to the Vessel or claims
or disputes involving third parties.
(b) The Crew Managers shall handle and settle all claims and disputes arising out of the Crew Management Services
hereunder, unless the Owners instruct the Crew Managers otherwise. The Crew Managers shall keep the Owners
appropriately informed in a timely manner throughout the handling of such claims and disputes.
(c) The Owners may request the Crew Managers to bring or defend other actions, suits or proceedings related to
the Crew Management Services, on terms to be agreed.
Copyright © 2009 BIMCO. All rights reserved. Any unauthorised copying, duplication, reproduction or distribution of this BIMCO SmartCon
document will constitute an infringement of BIMCO’s copyright. Explanatory notes are available from BIMCO at www.bimco.org. First published
1999, revised 2009.
PART II
CREWMAN A 2009
(d) The Crew Managers shall have power to obtain appropriate legal or technical or other outside expert advice in
relation to the handling and settlement of claims and disputes in relation to Sub-clauses 15(b) and 15(c).
(e) On giving reasonable notice, the Owners may request, and the Crew Managers shall in a timely manner make
available, all documentation, information and records in respect of the matters covered by this Agreement either
related to mandatory rules or regulations or other obligations applying to the Owners in respect of the Vessel
(including but not limited to STCW 95, the ISM Code and ISPS Code) to the extent permitted by relevant legislation.
On giving reasonable notice, the Crew Managers may request, and the Owners shall in a timely manner make
available, all documentation, information and records reasonably required by the Crew Managers to enable them
to perform the Crew Management Services.
(f) The Owners shall arrange for the provision of any necessary guarantee bond or other security.
(g) Any costs incurred by the Crew Managers in carrying out their obligations according to this Clause 15 (General
Administration) shall be reimbursed by the Owners.
16. Compliance with Laws and Regulations
The parties will not do or permit to be done anything which might cause any breach or infringement of the laws
and regulations of the Flag State, or of the places where the Vessel trades.
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17. Duration of the Agreement</input> | <output>
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<instruction>Predict the relevant tags for the following text segment, which pertains to a document from the maritime industry.</instruction> | <input>a
(a) This Agreement shall come into effect at the date stated in Box 2 and shall continue until terminated by either
party by giving notice to the other;m in which event this Agreement shall terminate upon the expiration of the
later of the number of months stated in Box 13 or a period of two (2) months from the date on which such notice
p
is received, unless terminated earlier in accordlance with Clause 18 (Termination).
e
(b) Where the Vessel is not at a mutually convenient port or place on the expiry of such period, this Agreement shall
terminate on the subsequent arrival of the Vessel at the next mutually convenient port or place.
c
18. Termination o
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(a) Owners’ or Crew Managers’ default
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If either party fails to meet their obligations under this Agreement, the other party may give notice to the party
in default requiring them to remedy it. In the event that the party in default fails to remedy it within a reasonable
time to the reasonable satisfaction of the other party, that party shall be entitled to terminate this Agreement
with immediate effect by giving notice to the party in default.
(b) Notwithstanding Sub-clause 18(a):
(i) The Crew Managers shall be entitled to terminate the Agreement with immediate effect by giving notice to
the Owners if any monies payable by the Owners and/or the owners of any associated vessel, details of which
are listed in Annex “D”, shall not have been received in the Crew Managers’ nominated account within ten (10)
days of receipt by the Owners of the Crew Managers’ written request, or if the Vessel is repossessed by the
Mortgagee(s).
(ii) If either party fails to meet their respective obligations under Clause 5 (Crew Insurances) and Clause 8
(Insurance Policies), the other party may give notice to the party in default requiring them to remedy it within
ten (10) days, failing which the other party shall have the right to terminate this Agreement with immediate
effect by giving notice to the party in default.
Copyright © 2009 BIMCO. All rights reserved. Any unauthorised copying, duplication, reproduction or distribution of this BIMCO SmartCon
document will constitute an infringement of BIMCO’s copyright. Explanatory notes are available from BIMCO at www.bimco.org. First published
1999, revised 2009.
PART II
CREWMAN A 2009
(iii) If the Owners proceed with the employment of or continue to employ the Vessel in the carriage of contraband,
blockade running, or in an unlawful trade, or on a voyage which in the reasonable opinion of the Crew Managers
is unduly hazardous or improper, the Crew Managers may give notice of the default to the Owners, requiring
them to remedy it as soon as practically possible. In the event that the Owners fail to remedy it within a
reasonable time to the satisfaction of the Crew Managers, the Crew Managers shall be entitled to terminate the
Agreement with immediate effect by giving notice.
(c) Extraordinary Termination
This Agreement shall be deemed to be terminated in the case of the sale of the Vessel or if the Vessel becomes
a total loss or is declared as a constructive or compromised or arranged total loss or is requisitioned or has been
declared missing or, if bareboat chartered, unless otherwise agreed, when the bareboat charter comes to an
end.
(d) For the purpose of Sub-clause 18(c) hereof:
(i) the date upon which the Vessel is to be treated as having been sold or otherwise disposed of shall be the date
on which the Vessel’s owners cease to be the registered owners of the Vessel;
(ii) the Vessel shall be deemed to be lost either when it has become an actual total loss or agreement has been
reached with the Vessel’s underwriters in respect of its constructive total loss or if such agreement with the
Vessel’s underwriters is not reached it is adjudged by a competent tribunal that a constructive loss of the Vessel
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has occurred; and
a
(iii) the date upon which the Vessel is to be treated as declared missing shall be ten (10) days after the Vessel</input> | <output>
1. CREWMAN A COST PLUS FEE 2009
2. SHIP MANAGEMENT
3. CREWING
</output> |
<instruction>Predict the relevant tags for the following text segment, which pertains to a document from the maritime industry.</instruction> | <input>was last reported or when the Vesseml is recorded as missing by the Vessel’s underwriters, whichever occurs first.
A missing vessel shall be deemed lost in accordance with the provisions of Sub-clause 18(d)(ii).
p
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(e) In the event the parties fail to agree the annual budget in accordance with Sub-clause 10(b) or to agree a change
e
of flag in accordance with Sub-clause 7(d), or to agree to a reduction in the Crew Management Fee in accordance
with Sub-clause 9(d), either party may terminate this Agreement by giving the other party not less than one
c
month’s notice, the result of which will be the expiry of the Agreement at the end of the current budget period
or on expiry of the notice period, whichever is the later. o
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(f) This Agreement shall terminate forthwith in the event of an order being made or resolution passed for the
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winding up, dissolution, liquidation or bankruptcy of either party (otherwise than for the purpose of
reconstruction or amalgamation) or if a receiver or administrator is appointed, or if it suspends payment, ceases
to carry on business or makes any special arrangement or composition with its creditors.
(g) In the event of the termination of this Agreement for any reason other than default by the Crew Managers the
crew management fee payable to the Crew Managers according to the provisions of Clause 9 (Crew Management
Fee and Expenses), shall continue to be payable for a further period of the number of months stated in Box 14
as from the effective date of termination. If Box 14 is left blank then ninety (90) days shall apply.
(h) In addition:
(i) the Owners shall continue to pay Crew Support Costs during the said further period of the number of months
stated in Box 14; and
(ii) the Owners shall pay an equitable proportion of any Severance Costs which may be incurred, not exceeding
the amount stated in Box 15. The Crew Managers shall use their reasonable endeavours to minimise such
Severance Costs.
Copyright © 2009 BIMCO. All rights reserved. Any unauthorised copying, duplication, reproduction or distribution of this BIMCO SmartCon
document will constitute an infringement of BIMCO’s copyright. Explanatory notes are available from BIMCO at www.bimco.org. First published
1999, revised 2009.
PART II
CREWMAN A 2009
(iii) The termination of this Agreement shall be without prejudice to all rights accrued due between the parties
prior to the date of termination.
19. BIMCO Dispute Resolution Clause
(a) This Agreement shall be governed by and construed in accordance with English law and any dispute arising out
of or in connection with this Agreement shall be referred to arbitration in London in accordance with the
Arbitration Act 1996 or any statutory modification or re-enactment thereof save to the extent necessary to give
effect to the provisions of this Clause.
The arbitration shall be conducted in accordance with the London Maritime Arbitrators Association (LMAA)
Terms current at the time when the arbitration proceedings are commenced.
The reference shall be to three arbitrators. A party wishing to refer a dispute to arbitration shall appoint its
arbitrator and send notice of such appointment in writing to the other party requiring the other party to appoint
its own arbitrator within 14 calendar days of that notice and stating that it will appoint its arbitrator as sole
arbitrator unless the other party appoints its own arbitrator and gives notice that it has done so within the 14
days specified. If the other party does not appoint its own arbitrator and give notice that it has done so within
the 14 days specified, the party referring a dispute to arbitration may, without the requirement of any further
prior notice to the other party, appoint its arbitrator as sole arbitrator and shall advise the other party
accordingly. The award of a sole arbitrator shall be binding on both parties as if he had been appointed by
agreement.
S</input> | <output>
1. CREWMAN A COST PLUS FEE 2009
2. SHIP MANAGEMENT
3. CREWING
</output> |
<instruction>Predict the relevant tags for the following text segment, which pertains to a document from the maritime industry.</instruction> | <input>Nothing herein shall prevent athe parties agreeing in writing to vary these provisions to provide for the
appointment of a sole arbitrator.
m
In cases where neither the claim nor any counterclaim exceeds the sum of USD50,000 (or such other sum as the
p
parties may agree) the arbitration shall be colnducted in accordance with the LMAA Small Claims Procedure
current at the time when the arbitration proceedings are commenced.
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(b) This Agreement shall be governed by and construed in accordance with Title 9 of the United States Code and the
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Maritime Law of the United States and any dispute arising out of or in connection with this Agreement shall be
referred to three persons at New York, one to be appointeod by each of the parties hereto, and the third by the
two so chosen; their decision or that of any two of them shall be final, and for the purposes of enforcing any
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award, judgment may be entered on an award by any court of competent jurisdiction. The proceedings shall be
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conducted in accordance with the rules of the Society of Maritime Arbitrators, Inc.
In cases where neither the claim nor any counterclaim exceeds the sum of USD50,000 (or such other sum as the
parties may agree) the arbitration shall be conducted in accordance with the Shortened Arbitration Procedure
of the Society of Maritime Arbitrators, Inc. current at the time when the arbitration proceedings are commenced.
(c) This Agreement shall be governed by and construed in accordance with the laws of the place mutually agreed by
the parties and any dispute arising out of or in connection with this Agreement shall be referred to arbitration at
a mutually agreed place, subject to the procedures applicable there.
(d) Notwithstanding Sub-clauses 19(a), 19(b) or 19(c) above, the parties may agree at any time to refer to mediation
any difference and/or dispute arising out of or in connection with this Agreement.
(i) In the case of a dispute in respect of which arbitration has been commenced under Sub-clauses 19(a), 19(b)
or 19(c) above, the following shall apply:
(ii) Either party may at any time and from time to time elect to refer the dispute or part of the dispute to
mediation by service on the other party of a written notice (the “Mediation Notice”) calling on the other party
to agree to mediation.
Copyright © 2009 BIMCO. All rights reserved. Any unauthorised copying, duplication, reproduction or distribution of this BIMCO SmartCon
document will constitute an infringement of BIMCO’s copyright. Explanatory notes are available from BIMCO at www.bimco.org. First published
1999, revised 2009.
PART II
CREWMAN A 2009
(iii) The other party shall thereupon within 14 calendar days of receipt of the Mediation Notice confirm that they
agree to mediation, in which case the parties shall thereafter agree a mediator within a further 14 calendar days,
failing which on the application of either party a mediator will be appointed promptly by the Arbitration Tribunal
(“the Tribunal”) or such person as the Tribunal may designate for that purpose. The mediation shall be conducted
in such place and in accordance with such procedure and on such terms as the parties may agree or, in the event
of disagreement, as may be set by the mediator.
(iv) If the other party does not agree to mediate, that fact may be brought to the attention of the Tribunal and
may be taken into account by the Tribunal when allocating the costs of the arbitration as between the parties.
(v) The mediation shall not affect the right of either party to seek such relief or take such steps as it considers
necessary to protect its interest.
(vi) Either party may advise the Tribunal that they have agreed to mediation. The arbitration procedure shall
continue during the conduct of the mediation but the Tribunal may take the mediation timetable into account
when setting the timetable for steps in the arbitration.</input> | <output>
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3. CREWING
</output> |
<instruction>Predict the relevant tags for the following text segment, which pertains to a document from the maritime industry.</instruction> | <input>(vii) Unless otherwise agreed or specified in the mediation terms, each party shall bear its own costs incurred in
the mediation and the parties shall share equally the mediator’s costs and expenses.
(viii) The mediation process shall be without prejudice and confidential and no information or documents
disclosed during it shall be revealed to the Tribunal except to the extent that they are disclosable under the law
S
and procedure governing the arbitration.
a
(Note: The parties should be aware that the mediation process may not necessarily interrupt time limits.)
m
(e) If Box 16 in Part I is not appropriately filled in, Sub-clause 19(a) of this Clause shall apply.
p
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Note: Sub-clauses 19(a), 19(b) and 19(c) are alternatives; indicate alternative agreed in Box 16. Sub-clause 19(d)
e
shall apply in all cases.
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20. Notices
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(a) All notices given by either party or their agents to the other party or their agents in accordance with the
p
provisions of this Agreement shall be in writing and shall, unless specifically provided in this Agreement to the
y
contrary, be sent to the address for that other party as set out in Boxes 17 and 18 or as appropriate or to such
other address as the other party may designate in writing.
A notice may be sent by registered or recorded mail, facsimile, electronically or delivered by hand in accordance
with this Sub-clause 20(a).
(b) Any notice given under this Agreement shall take effect on receipt by the other party and shall be deemed to
have been received:
(i) if posted, on the seventh (7th) day after posting;
(ii) if sent by facsimile or electronically, on the day of transmission; and
(iii) if delivered by hand, on the day of delivery.
And in each case proof of posting, handing in or transmission shall be proof that notice has been given, unless
proven to the contrary.
21. Entire Agreement
Copyright © 2009 BIMCO. All rights reserved. Any unauthorised copying, duplication, reproduction or distribution of this BIMCO SmartCon
document will constitute an infringement of BIMCO’s copyright. Explanatory notes are available from BIMCO at www.bimco.org. First published
1999, revised 2009.
PART II
CREWMAN A 2009
This Agreement constitutes the entire agreement between the parties and no promise, undertaking,
representation, warranty or statement by either party prior to the date stated in Box 2 shall affect this
Agreement. Any modification of this Agreement shall not be of any effect unless in writing signed by or on behalf
of the parties.
22. Third Party Rights
Except to the extent provided in Sub-clauses 14(d) (Indemnity) and 14(e) (Himalaya), no third parties may enforce
any term of this Agreement.
23. Partial Validity
If any provision of this Agreement is or becomes or is held by any arbitrator or other competent body to be illegal,
invalid or unenforceable in any respect under any law or jurisdiction, the provision shall be deemed to be
amended to the extent necessary to avoid such illegality, invalidity or unenforceability, or, if such amendment is
not possible, the provision shall be deemed to be deleted from this Agreement to the extent of such illegality,
invalidity or unenforceability, and the remaining provisions shall continue in full force and effect and shall not in
any way be affected or impaired thereby.
24. Interpretation
S
In this Agreement:
a
(a) Singular/Plural
m
The singular includes the plural and vice versa as the context admits or requires.
p
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(b) Headings
e
The index and headings to the Clauses and Appendices to this Agreement are for convenience only and shall not
c
affect its construction or interpretation.
o
(c) Day
p
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“Day” means a calendar day unless expressly stated to the contrary.
Copyright © 2009 BIMCO. All rights reserved. Any unauthorised copying, duplication, reproduction or distribution of this BIMCO SmartCon
document will constitute an infringement of BIMCO’s copyright. Explanatory notes are available from BIMCO at www.bimco.org. First published</input> | <output>
1. CREWMAN A COST PLUS FEE 2009
2. SHIP MANAGEMENT
3. CREWING
</output> |
<instruction>Predict the relevant tags for the following text segment, which pertains to a document from the maritime industry.</instruction> | <input>1999, revised 2009.
ANNEX “A” (DETAILS OF VESSEL OR VESSELS)
TO THE BIMCO STANDARD CREW MANAGEMENT AGREEMENT
CODE NAME: CREWMAN A (COST PLUS FEE) 2009
Date of Agreement:
Name of Vessel(s):
Particulars of Vessel(s):
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Copyright © 2009 BIMCO. All rights reserved. Any unauthorised copying, duplication, reproduction or distribution of this BIMCO SmartCon document
will constitute an infringement of BIMCO’s copyright. Explanatory notes are available from BIMCO at www.bimco.org. First published 1999, revised
2009.
ANNEX “B” (DETAILS OF CREW)
TO THE BIMCO STANDARD CREW MANAGEMENT AGREEMENT
CODE NAME: CREWMAN A (COST PLUS FEE) 2009
Date of Agreement:
Details of Crew:
Numbers Rank Nationality
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Copyright © 2009 BIMCO. All rights reserved. Any unauthorised copying, duplication, reproduction or distribution of this BIMCO SmartCon document
will constitute an infringement of BIMCO’s copyright. Explanatory notes are available from BIMCO at www.bimco.org. First published 1999, revised
2009.
ANNEX “C” (BUDGET)
TO THE BIMCO STANDARD CREW MANAGEMENT AGREEMENT
CODE NAME: CREWMAN A (COST PLUS FEE) 2009
Date of Agreement:
Managers´ initial budget with effect from the commencement date of this Agreement (see Box 2):
S
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Copyright © 2009 BIMCO. All rights reserved. Any unauthorised copying, duplication, reproduction or distribution of this BIMCO SmartCon document
will constitute an infringement of BIMCO’s copyright. Explanatory notes are available from BIMCO at www.bimco.org. First published 1999, revised
2009.
ANNEX “D” (ASSOCIATED VESSELS)
TO THE BIMCO STANDARD CREW MANAGEMENT AGREEMENT
CODE NAME: CREWMAN A (COST PLUS FEE) 2009
NOTE: PARTIES SHOULD BE AWARE THAT BY COMPLETING THIS ANNEX “D” THEY WILL BE SUBJECT TO THE PROVISIONS
OF SUB-CLAUSE 18(b)(i) OF THIS AGREEMENT.
Date of Agreement:
Details of Associated Vessels:
S
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Copyright © 2009 BIMCO. All rights reserved. Any unauthorised copying, duplication, reproduction or distribution of this BIMCO SmartCon document
will constitute an infringement of BIMCO’s copyright. Explanatory notes are available from BIMCO at www.bimco.org. First published 1999, revised
2009.</input> | <output>
1. CREWMAN A COST PLUS FEE 2009
2. SHIP MANAGEMENT
3. CREWING
</output> |
<instruction>Predict the relevant tags for the following text segment, which pertains to a document from the maritime industry.</instruction> | <input>Shipper
| Consignee {not to order)
Notify address
Vessel Port/place of loading
Port/Place of discharge
|
Descriptio oi cargo
Particulars declared by Shipper
Adopted by: The Baltic and International Maritime Conference (BIMCO)
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$
B
NON - NEGOTIABLE
(No Bill of Lading will be issued within this contract.)
Reference No.
CODENAME: "TANKWAYBILL 81"
pursuant to all terms and conditions, liberties and exceptions as per TANKER
VOYAGE CHARTER PARTY indicated hereunder, and to the provisions overleaf.
Charter Party (Code name, place, and date of issue.)
If no voyage Charter Party is indicated, the provisions of Part H of Intertankvoy 76
shail be deemed incorporated.
Charterer
Carrier
(~~
Gravity XX) es Volume
QOS
SHIPPED ON BOARD the cargo specified above, in accordance with Shipper's
declaration, in apparent good condition, weight, volume, quality and value
unknown, and to be delivered in Port/Place of Discharge, or so near thereto as the
vessel may safely get, always afloat.
Delivery will be made to the Consignee or to the Notify address on proof of
identity - without any documentary formalities. The Carrier shall not be
responsible for incorrect delivery unless due to fault or neglect on his part.
Other charges
Jan.72
Hours used for loading
Printed
Oct. 1981
Place and date of issue
SIGNATURE
NON - NEGOTIABLE
TANKER WAYBILL
CODE NAME: "TANKWAYBILL 81"
(i)
(a)
(b)
(ce)
(2)
(a)
(b)
(e)
PARAMOUNT CLAUSE
This is not a bill of lading, but it is agreed that the liability of the Carrier and Shipper shall be the same as if the Hague Rules
contained in the Brussels Bill of Lading Convention dated 25th August, 1924, as enacted in the country of shipment, did apply to this
contract.
When no such enactment is in force in the country of shipment, the liability shall be the same as if the corresponding legislation of
the country of destination did apply, but in respect of shipments to which no such enactments are in orce, the liability shall follow
the terms of the said Convention.
In trades where the International Brussels Convention 1924 as amended by the Protocol signeda ussels on February 23rd, 1968 -
The Hague-Visby Rules - apply compulsorily, the provisions of the respective legislation shall. idered incorporated herein.
In any event, as regards the period before loading and after discharge and while the cérgo isNi
Carrier makes all reservations possible under such legislation.
GENERAL AVERAGE
General Average, if any, shall be adjusted, stated and settled in aecordande wi Ant Rules 1974, at the place agreed in
the Charter Party, otherwise in London.
Cargo's contribution to General Average shall be paid to the Carrie
of the Master, Pilot, or the Crew. The Charterer, Shipper and
Art.700, and the Belgian Commercial Code. Part Il, Art. 148.
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If the adjustment of General Average or the liability for any collisi
under this contract falls to be determined in accordance with the
clauses shall apply:
which the vessel is involved while performing the carriage
aw ant-practice of the United States of America, the following
NEW JASON CLAUSE
age or disaster before or after the commencement of the voyage,
hether due to negligence or not, for which, or for the consequence of
7 by statute, contract or otherwise, the cargo, Shippers, Consignees or
all contribute with the Carrier in General Average to the payment of any sacrifices,
al Average nature that may be made or incurred and shall pay salvage and
special chapge i of the cargo. .
which, the Carrier \
owners of the carg
If a salving\shi operated by the Carrier, salvage shall be paid for as fully as if the said salving
i i a edo strangers. Such deposit as the Carrier or his Agents may deem sufficient to cover
ed Contribution’ of the cargo and any salvage and special charges thereon shall, if required, be</input> | <output>
1. TANKWAYBILL 81
2. WAYBILL
3. TANKER
</output> |
<instruction>Predict the relevant tags for the following text segment, which pertains to a document from the maritime industry.</instruction> | <input>he cargo) Shippers, Consignees or owners of the cargo to the Carrier before delivery.
® Vesgelcomes into collision with another ship as a result of the negligence of the other ship and any act,
eglect\or default of the Master, Mariner, Pilot or the servants of the Carrier in the navigation or in the
anagewient of the Vessel, the owners of the cargo carried hereunder will indemnify the Carrier against all
liability to the other or non-carrying ship or her Owners in so far as such loss or liability represents
s/of, or damage to, or any claim whatsoever of the owners of said cargo, paid or payable by the other or
hren-carrying ship or her Owners to the owners of said cargo and set-off, recouped or recovered by the other
or non-earrying ship or her Owners as part of their claim against the carrying Vessel or Carrier. The
foregoing provisions shall also apply where the Owners, Operators or those in charge of any ship or ships or
objects other than, or in addition to, the colliding ships or objects are at fault in respect of a collision or
contact.
Distribution Address:
international Association of Independent Tanker Owners (INTERTANKO), P.O. Box 1452 - Vika, Oslo 1.</input> | <output>
1. TANKWAYBILL 81
2. WAYBILL
3. TANKER
</output> |
<instruction>Predict the relevant tags for the following text segment, which pertains to a document from the maritime industry.</instruction> | <input>CORE NAME: “GASTANKWAYSBILL”
Shipper NON-NEGOTIABLE GTWB No.
GAS TANK WAYBILL |
FOR USE IN THE LPG TRADE so peterence No.
Consignee (NOT TO ORDER)
Notify address
Ves3el Port of loading
LE
Particulars declared by the Shipper
Port of discharge
Des:sription of cargo
Issued pursvant to Charter Party indicated RECEIVED on board the cargo specified above, according to Shipper’s decla-
ration in apparent good order and condition - unless otherwise stated herein -
weight, volume, quality and value unknown, for delivery at the port of discharge or
so near thereto as the Vessel may safely get, always afloat.
The cargo shipped under this Waybill will be delivered to the Party named as Con-
signee or its authorised agent, on production of proof of identity without any docu-
mentary formalities. The Carrier to exercise due care ensuring that delivery is made
to the proper party. However, in case of incorrect delivery, no responsibility will be
accepted unless due to fault or neglect on the part of the Carrier.
FOR CONDITIONS OF CARRIAGE SEE OVERLEAF.
Freight payable at
Charter Party (Code name, place and
date of issue)
Freight payable in accordance therewith. Place and date of issue
Signature
Printed and sold by
Fr.G.K wdtzons Bogtrykkeri A/S, 55 Taldbodgade, DK-1253 Copenhagen K,
by authority of The Baltic and International Maritime Council (BIMCO),
Copenhagen, Copyright.
NON-NEGOTIABLE RECOMMENDED
GAS TANK WAYBILL by
FOR USE IN THE LPG TRADE BIMCO (The Baltic and International Maritime Council)
CODE NAME: “GASTANKWAYBILL”
Conditions of Carriage.
(1) This Waybill, which is nota doqument of title to the cargo, is subject to the terms and conditions, liberties and exceptions of the Voyage Charter Party
dated as overleaf and to the provisions set out below.
(2) Paramount Clause
(a) This Waybill is not a bill of lading and no bill of lading will be issued. However, it is agreed that the Hague Rules coritaine 8 International
Convention for the Unification of certain rules relating to Bills of Lading, dated Brussels the 25th August 1924 as enactéd i country of shipment
shall apply to this Waybill. When fo such enactment is in force in the country of shipment, the corresponding legislatic destination
shall apply, but in respect of shipments to which no such enactments are compulsorily applicable, the terms of/the sai vantion shall apply in
exactly the same way.
(b) Trades where Hague-Visby Rules apply.
In trades where the international Brussels Convention 1924 as amended by the Protocol signed at Brussels 5 B eHague-Visby
(c) The Carrier shall in no case be responsible for loss of or damage to cargo howsoever arising adi 2 er discharge from the
Vessel or while the goods are in the charge of another Carrier nor in respect of deck cargo.
shall be read and interpreted as leaning “Waybill”.
(3) General Average
General Average shail be adjusted, stated and settled according to York-Antwerp Rules 19 modification thereof at the place agreed in the
Charter Party.
Cargo's contribution to General Average shall be paid to the Carrier even When such average is the result of a fault, neglect or error of the Master, Pilot
or Crew. The (harterers, Shippers and Consignees expressi¥ renounce th erlands Commercial Code, Art. 700, and the Beigium Commercial
Code, Part Il, Art. 148.
If the adjustment of General Aver. mae or the liability for any colitsion inwwhich the Vessel is/involved while performing the carriage under this contract
falls to be determined in accordance with the law and practice df the United States of America, the following clauses shall apply:</input> | <output>
1. GASTANKWAYBILL
2. WAYBILL
3. GAS
4. TANKER
</output> |
<instruction>Predict the relevant tags for the following text segment, which pertains to a document from the maritime industry.</instruction> | <input>New Jasor Clause.
In the event of accident, danger, damage or disaster be
due to negligence or not, for which or for the consé : Ca
shippers, consignees or owners of the cargo shal b Carrier in general average to the payment of any sacrifices, losses or expenses of
a general average nature that may be made o a salvage and special charges incurred in respect of the cargo.
If a satving vetee! is owned or opt b 2 e-paid for as fully as if the said salving vessel or vessels belonged to strangers.
as a result of the negligence of the other vessel and any act, neglect or default of the
navigation or in the management of the Vessel, the owners of the cargo carried hereunder
of the owners of the said cargo, paid or payable by the other or non-carrying vessel or her owners to the
= d.orvecovered by the other or non-carrying vessel or her owners as part of their claim against the carrying
For particulars of cargo, freight,
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1. GASTANKWAYBILL
2. WAYBILL
3. GAS
4. TANKER
</output> |
<instruction>Predict the relevant tags for the following text segment, which pertains to a document from the maritime industry.</instruction> | <input>MUNTAJATCHARTER
Qatar Chemical and Petrochemical
Marketing and Distribution Company
FERTILISER VOYAGE CHARTER PARTY
(Muntajat) Q.J.S.C.
PART I 1. Place and date
2. Owners (state full style and address) 3. Charterers (state full style and address)
2 A
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8 . Loading port(s p) noticyes to be given to (Cl. 4(a))
9. Discharging port(s) notices to be given to (Cl. 4(b))
GT/NT: o
10. Cargo quantity (metric tonnes) (Cl. 1)
Cubic capacity about: (grain/bale)
C
Cargo carrying capacity about: (metric tonnes)
11. Cargo description (Cl. 1)
Cargo capacity on summer loadline about: (tonnes/dwt)
e
Cargo capacity on winter loadline about: (tonnes/dwt)
l
12. Dunnage (indicate alternative (i) or (ii) of Cl. 11(a)) p 13. Cargo battens (indicate alternative (i) or (ii) of Cl. 11(b))
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14. Loading port(s) (Cl. 1) 15. Discharging port(s) (Cl. 1)
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1 6. Laytime for loading (Cl. 6(a)) Sa 1 7. Laytime for discharging (Cl. 6(b))
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S ig nature (Owners) S ignature (Charterers)
This document is a computer generated MUNTAJATCHARTER form printed by authority of Muntajat and BIMCO. Any insertion or deletion to the form must be clearly visible. In the event of any
modification made to the pre-printed text of this document which is not clearly visible, the text of the original BIMCO approved document shall apply. BIMCO and Muntajat assume no responsibility
for any loss, damage or expense as a result of discrepancies between the original BIMCO approved document and this computer generated document.
PART II
MUNTAJATCHARTER
Fertiliser Voyage Charter Party
1. Voyage
The Vessel named in Box 4 being tight, staunch and strong, and in every way fit for the voyage, shall with all
convenient speed proceed to the safe port(s) as specified in Box 14 and there load as customary at any available safe
berth, safe quay, safe wharf or safe dock as ordered by the Charterers or their Agents, or so near thereto as the
Vessel may safely get and lie always afloat, a cargo as described in Boxes 10 and 11, and being so loaded the Vessel
shall therewith proceed with all convenient speed to the safe port(s) as specified in Box 15 and there deliver the said
cargo at any safe berth, safe dock or alongside any safe quay or safe wharf as ordered on arrival or so near thereto as
she may safely get without lightening and lie always afloat.
2. Vessel Compliance
Owners warrant that, throughout the duration of this Charter Party, the Vessel and all equipment shall comply with the</input> | <output>
1. MUNTAJATCHARTER
2. VOYAGE CHARTER
3. FERTILISER
4. DRY CARGO
</output> |
<instruction>Predict the relevant tags for the following text segment, which pertains to a document from the maritime industry.</instruction> | <input>regulations in effect at all ports of call and the Vessel shall be in possession of valid certificates required for calling at
y
such ports, countries or places, including but not limited to financial responsibility for oil pollution, gear safety and ship
sanitation certificates. Any expenses incurred or time lost due to the Vessel’s inadequacy in this respect shall be for
the Owners’ account. p
3. Substitution o
At any time before the cancelling date stated in Box 7 the OwCners shall have the liberty to substitute the Vessel with
another vessel of equivalent capability and capacity, subject to the Charterers' approval which shall not be
unreasonably withheld. The Owners shall remain responsible to the Charterers for the due fulfilment of this Charter
Party.
e
4. Advance Notices
l
(a) Loading
p
The Master or the Owners shall give notices to the parties named in Box 8 of sailing from the last port before loading.
m
At least ten (10) days prior to the Vessel’s estimated time of arrival at the loading port as stated in Box 5, the Master or
the Owners shall give notices to the parties named in Box 8 stating the approximate date of the Vessel’s readiness to
a
load. Upon such notification, the Owners shall advise the Vessel's vetting agent, nominated by the Charterers, of the
Vessel’s IMO number and all relevant certificates.
S
As least seven (7) days prior to the Vessel’s estimated time of arrival at the loading port as stated in Box 5, the Master
or the Owners shall give notices to the parties named in Box 8 stating the definite date of the Vessel’s readiness to
load.
The Master or the Owners shall give seventy-two (72), forty-eight (48), twenty-four (24) and twelve (12) hours notices
of the Vessel’s readiness to load. Such notices shall be given to the parties named in Box 8.
If Box 4 calls for a vessel to be nominated or if the Vessel has been substituted pursuant to Clause 3 (Substitution),
the Master or the Owners shall notify the Charterers of the Vessel’s name and details at least ten (10) days prior to its
estimated time of arrival at the loading port. The Charterers shall confirm their acceptance of the nominated Vessel
within forty-eight (48) hours of the Owners’ nomination, excluding Fridays, Saturdays and public holidays at the
Charterers’ place of business.
(b) Discharging
After sailing from the loading port the Master or the Owners shall provide the parties named in Box 9 with daily
updates of the Vessel’s position and expected time of arrival at the discharging port.
5. Cleaning
The Vessel’s holds shall be swept clean and washed down, preferably with fresh water, dry and free from the previous
cargo’s residues, loose rust scales, paint flakes and dirt especially behind frames and beams and shall be ready in
every respect to safely load the specified bulk or bagged urea cargo before she is acceptable as ready to load and
may commence loading. Remains of grain, including but not limited to oats, barley and sorghum, seeds, cereals and
similar agricultural products are particularly harmful contaminants and must be removed to the satisfaction of the
independent surveyor before giving Notice of Readiness (NOR) for loading the cargo of urea. Owners must also
ensure that there is no trace or presence of any timber products such as wood-chips, bark, etc. The Vessel’s holds or
hatches shall not be painted within one (1) month prior to the date of loading and the Owners guarantee that the paint
is dry and will not damage or discolour the cargo.
PART II
MUNTAJATCHARTER
Fertiliser Voyage Charter Party
Cargo holds shall be presented for pre-loading inspection by an independent surveyor appointed and paid for by the
Charterers at the loading port. Such inspection shall take place as soon as possible after the Vessel tenders Notice of
Readiness to load but latest on the Vessel’s arrival at the loading berth. If the cargo holds are rejected by the</input> | <output>
1. MUNTAJATCHARTER
2. VOYAGE CHARTER
3. FERTILISER
4. DRY CARGO
</output> |
<instruction>Predict the relevant tags for the following text segment, which pertains to a document from the maritime industry.</instruction> | <input>independent surveyor due to insufficient cleanliness, the Vessel shall proceed to a designated waiting place to
continue cleaning. Once sufficiently cleaned, the Vessel shall be re-berthed, subject to availability of berth. The
Owners shall then present the Vessel for re-inspection as soon as possible. All costs, expenses and time resulting
from the aforementioned rejection of the Vessel’s cargo holds shall be for Owners’ account.
If the Vessel fails hold survey, time shall stop counting from the time of rejection until the Vessel passes hold
inspection, but the initial NOR shall be in force and no re-tendering of NOR shall be required.
If the Vessel has missed the cancelling date stated in Box 7, time until commencement of loading shall be for the
Owners’ account.
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6. Notice of Readiness and Laytime
p
(a) Loading Port
o
Notice of Readiness (NOR) at the loading port shall be tendered at the designated waiting area as advised by the port
authorities upon arrival, whether in port or not, whether in berthC or not, whether customs cleared or not, whether in free
pratique or not, any time day or night. Laytime shall then count as if the Vessel was in berth and in all respects ready
for loading, provided that the Master warrants that the Vessel is in fact ready in all respects. Actual time used in
moving from the designated waiting area to the loading berth shall not count as laytime. If, after berthing, the Vessel is
found not to be ready for loading all time lost until thee Vessel is ready to load shall not count as laytime.
l
Unless otherwise agreed, laytime shall not commence before 0800 hours on the first layday as stated in Box 6. If the
Owners tender NOR before commencemepnt of laydays the NOR shall be considered invalid for the purposes of
laytime calculations, unless the Charterers accept such NOR.
m
At the loading port laytime shall commence twelve (12) hours after the NOR has been tendered in accordance with
this Charter Party or when loading commences, whichever is the earlier.
a
The cargo shall be loaded, stowed and trimmed under the Master’s supervision at the Charterers’ risk and expense
within the number of woSrking days of twenty-four (24) consecutive hours, weather permitting, non-reversible, as
specified in Box 16.
The cargo shall be loaded in accordance with the International Maritime Solid Bulk Cargoes Code (the IMSBC Code)
and mandato ry local requirements, and cargo shall not be loaded in deep tanks, wing tanks or other similar
inaccessib le places. Trimming performed by the shippers shall be limited to what can be carried out by their loading
equipment and further trimming, if required, shall be carried out by the Owners at their time and cost. The Vessel shall
be left in a seaworthy trim in accordance with the Master’s instructions for shifting between berths and ports.
(b) Discharging Port
If the discharging berth is not available on the Vessel's arrival at the port of discharge, NOR shall be tendered within
ordinary office hours on arrival at the designated waiting area. Laytime shall then count as if the Vessel were in berth
and in all respects ready for discharging, provided that the Master warrants that the Vessel is in fact ready in all
respects. Actual time used in moving from the designated waiting area to the discharging berth shall not count as
laytime. If, after berthing, the Vessel is found not to be ready for discharging all time lost until the Vessel is ready to
discharge shall not count as laytime.
At the discharging port, laytime shall commence twelve (12) hours after the NOR has been tendered in accordance
with this Charter Party or when discharging commences, whichever is earlier.
The cargo shall be discharged under the Master’s supervision at the Charterers’ risk and expense within the number
of working days of twenty-four (24) consecutive hours, weather permitting, non-reversible, as specified in Box 17.
(c) Weather Conditions</input> | <output>
1. MUNTAJATCHARTER
2. VOYAGE CHARTER
3. FERTILISER
4. DRY CARGO
</output> |
<instruction>Predict the relevant tags for the following text segment, which pertains to a document from the maritime industry.</instruction> | <input>If loading or discharging is prevented due to rain or bad weather, including but not limited to fog or humidity of
seventy-four per cent (74%) or more, time shall stop counting until cargo operations are resumed. A statement from
the terminal giving evidence of bad weather shall be provided to the Master.
PART II
MUNTAJATCHARTER
Fertiliser Voyage Charter Party
Any delays in berthing for loading or discharging and delays after berthing which are due to weather conditions shall
count as half laytime or if on demurrage at one half of the demurrage rate stated in Box 18.
(d) Shifting after Dark
Should the Vessel be unable to reach discharging berth on arrival due to port authority or pilot restrictions on shifting
after dark, time waiting for pilot till 0800 hours next morning shall not count as laytime.
If, during a period of delay, the provisions of sub-clauses (c) and (d) are triggered, sub-clause (d) shall prevail even if
the initial period of the delay was caused by weather conditions.
(e) Opening and Closing of Hatches
y
All opening and closing of hatches shall be for the Owners’ account and time used shall not count as laytime, provided
that local rules and regulations permit. Otherwise the first opening anpd the last closing shall be for the Owners’
account and all other opening and closing of hatches shall be for the Charterers' account and time.
o
(f) Breakdown of Vessel’s Gear
C
Time lost due to breakdown of the Vessel’s gear shall not count as laytime and any expenses thus incurred shall be
for the Owners’ account. If partial loading is possible, time shall count proportionally to crane capacity and the cargo
holds served.
e
(g) Warping
l
If required, the Vessel shall warp and turn atp Owners’ risk and expense and time so used shall not count as laytime.
(h) Barges m
If loading or discharging takes place from or into barges the Charterers shall pay for and provide such assistance and
equipment as may be requiraed to enable such operations. Adequate fenders shall be installed to the Master's
satisfaction and time so used shall count as laytime.
S
7. Cancelling
(a) Should the Vessel not be ready to load (whether in berth or not) on the cancelling date indicated in Box 7, the
Charterers shall have the option of cancelling this Charter Party.
(b) Should the Owners anticipate that, despite the exercise of due diligence, the Vessel will not be ready to load by the
cancelling date, they shall notify the Charterers thereof without delay stating the expected date of the Vessel's
readiness to load and asking whether the Charterers will exercise their option of cancelling the Charter Party, or agree
to a new cancelling date. Such option must be declared by the Charterers within seventy-two (72) running hours after
the receipt of the Owners' notice. If the Charterers do not exercise their option of cancelling, then this Charter Party
shall be deemed to be amended such that the third day after the new readiness date stated in the Owners’ notification
to the Charterers shall be the new cancelling date.
8. Laytime and Demurrage Exceptions
Unless otherwise provided in this Charter Party, any delay at the loading or discharging port arising out of or resulting
from fire, explosion, breakdown or failure of equipment, plant or machinery, port closure, act of God, act of war, riot,
civil commotion, or arrest or restraint of princes, rulers or peoples shall, provided always that such cause was not
within the reasonable control of the Charterers or the Owners or their respective servants or agents, count as one half
of laytime or, if the Vessel is on demurrage, at one half of the demurrage rate. The Charterers shall not be liable for
demurrage for delay caused by strike, lockout, stoppage or restraint of labour for the Master, officers or crew of the
Vessel.
9. Freight, Demurrage and Despatch Payments
Freight Payment – Ninety-five per cent (95%) of the freight shall be paid to the Owners’ nominated bank account</input> | <output>
1. MUNTAJATCHARTER
2. VOYAGE CHARTER
3. FERTILISER
4. DRY CARGO
</output> |
<instruction>Predict the relevant tags for the following text segment, which pertains to a document from the maritime industry.</instruction> | <input>within five (5) banking days after signing and releasing bills of lading to be marked freight payable as per charter
party. The balance of five per cent (5%) freight, together with any despatch or demurrage at loading and/or
discharging ports, shall be paid within thirty (30) days after completion of discharge and upon submission of Owners’
PART II
MUNTAJATCHARTER
Fertiliser Voyage Charter Party
final freight invoice and supporting documents to Charterers, including Owners’ laytime calculations, statements of
facts and notices of readiness.
Demurrage at the loading and discharging port(s) is payable by the Charterers at the rate stated in Box 18 per day or
pro rata for any part of a day.
Despatch shall be paid to the Charterers for laytime saved in loading and/or discharging port(s) at fifty per cent (50%)
of the demurrage rate stated in Box 18.
The Charterers shall be discharged from all liability to pay freight, deadfreight or demurrage invoices unless such
invoices have been received by the Charterers within sixty (60) days from completion of discharge of the cargo under
this Charter Party.
y
If, according to Box 22, all freight is to be paid on shipment, it shall be deemed earned and non-returnable, Vessel
and/or cargo lost or not lost. Neither the Owners nor their agents shall be required to sign or endorse bills of lading
p
showing freight prepaid unless the freight due to the Owners has actually been paid. Prepaid bills of lading shall be
kept in agents’ custody until receiving confirmation from the Owners’ bank that full freight has been received.
o
10. Quantity of Cargo
C
The cargo quantity shall be ascertained as per joint draft survey both ends. Cost and time shall be shared equally
between the Owners and the Charterers. If at the time of the draft survey the quantity ascertained to be on board falls
within a tolerance of one hundred (100) metric tonnes from the quantity called forward by the Master, then the Vessel
shall sail with the quantity as ascertained by the draeft survey and the Owners shall not request additional cargo. The
freight shall be paid in accordance with the bill of lading ascertained weight.
l
11. Dunnage and Cargo Battens p
(a) Dunnage m
(i)* For Charterers' account: The Charterers shall provide and lay all dunnage material as required by the Master for
proper stowage and protection of the cargo, the Owners allowing the use of all dunnage available on board.
a
Dunnage shall be laid in accordance with the Master's instructions.
S
In the absence of disposal instructions from the Charterers, the Master shall have liberty to dispose of the
dunnage upon discharge. Any proved cost incurred thereby to be refunded by the Charterers.
(ii)* For Owners' Account: The Owners shall provide and lay all dunnage material required for proper stowage and
protection of the cargo.
* Optional, indicate (i) or (ii) as agreed in Box 12.
(b) Cargo Battens
(i)** Required: Before tendering the Master's Notice of Readiness, the Vessel shall have cargo battens fitted.
(ii)** Not required: Before tendering the Master's Notice of Readiness, the Vessel shall have cargo battens removed,
failing which the Charterers or their agents shall not be held responsible for any damage to battens during
loading/discharging.
** Optional, indicate (i) or (ii) as agreed in Box 13.
12. Cargo Protection
If requested by the Charterers, the cargo shall be covered by plastic sheets fastened by wooden sticks. Sheets and
sticks shall be supplied and paid for by the Charterers and laid out and fastened by labourers arranged and paid for by
the Charterers and time shall count.
13. Stevedore Damage
(a) The Charterers shall be responsible for damage (fair wear and tear excepted) to any part of the Vessel caused by
stevedores. The Charterers shall be liable for all costs for repairing such damage and for any time lost, which shall be
paid in an amount equivalent to the demurrage rate.
PART II
MUNTAJATCHARTER
Fertiliser Voyage Charter Party</input> | <output>
1. MUNTAJATCHARTER
2. VOYAGE CHARTER
3. FERTILISER
4. DRY CARGO
</output> |
<instruction>Predict the relevant tags for the following text segment, which pertains to a document from the maritime industry.</instruction> | <input>(b) The Master or the Owners shall notify the Charterers or their agents and the stevedores of any damage prior to the
Vessel's departure from the port where such damage was caused, failing which the Charterers shall not be
responsible.
(c) Stevedore damage affecting seaworthiness shall be repaired without any delay before the Vessel sails from the
port where such damage was caused or discovered. Stevedore damage affecting the Vessel’s trading capabilities
shall be repaired before leaving the last port of discharge, failing which the Charterers shall be liable for resulting
losses. All other damage which is not repaired before leaving the last port of discharge shall be repaired by the
Owners and settled by the Charterers on receipt of Owners’ supported invoice.
14. Bills of Lading
Bills of lading shall be presented and signed by the Master or the Owners’ authorised agent as per the
MUNTAJATBILL bill of lading and shall include the following wording: "Ayll terms and conditions, liberties and
exceptions of the MUNTAJATCHARTER Charter Party, dated as overleaf, including the governing law and place of
arbitration stated in Clause 45 (BIMCO Standard Dispute Resolution Claupse), are herewith incorporated”.
No liner, through or switch bills of lading shall be permitted. o
15. Insurance C
The Owners warrant that the Vessel, throughout this Charter Party, is fully insured by a Protection and Indemnity (P&I)
Club with a coverage equivalent to the cover provided by members of the International Group of P&I Clubs. The
Owners shall upon request provide the Charterers with copies of certificates of insurance which provide sufficient
e
information to verify that the Owners have complied with the insurance requirements of this Charter Party.
l
If the Vessel’s age exceeds: p
(a)* fifteen (15) years; or m
(b)* twenty (20) years
a
any overage premium shall be for the Owners’ account.
S
* (a) and (b) are alternatives; delete whichever is not applicable. In the absence of deletions, alternative 15(b) shall
apply.
16. Lien
The Owner s shall have a lien on the cargo for freight and deadfreight.
17. Agency
The Owners shall appoint the Charterers’ nominated agents in ports of loading and discharging, provided that the
disbursement account is competitive.
The Owners undertake to put the agents in funds prior to the Vessel’s arrival, sufficient to cover the relevant
disbursements and account payments required at each port.
18. Dues and Charges
(a) On the Vessel: The Owners shall pay all dues and charges customarily levied on the Vessel, howsoever the
amount thereof may be assessed.
(b) On Cargo: The Charterers shall pay all dues, charges and duties customarily levied on the cargo, howsoever the
amount thereof may be assessed.
19. Overtime
Overtime shall be for the account of the party ordering the same. If overtime is ordered by port authorities, the same
shall be for Charterers’ account, but overtime for officers and crew shall always be for Owners’ account.
PART II
MUNTAJATCHARTER
Fertiliser Voyage Charter Party
20. Deviation
Any deviation in saving or attempting to save life or property at sea, or any necessary deviation, shall not be deemed
to be an infringement of this Charter Party, and the Owners shall not be liable for any loss or damage resulting
therefrom.
21. Misrepresentation
If any misrepresentation has been made regarding the description of the Vessel in this Charter Party and/or the
Vessel’s position, the Charterers have the right to claim compensation for any loss resulting therefrom. Should there
be any change in the Vessel's position, the Owners shall notify the Charterers thereof in writing as soon as such
change becomes known to them. If such notification is not given, the Charterers shall have the right to claim
compensation for any loss or damage resulting therefrom.
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22. Information to the Master
Upon conclusion of this Charter Party the Owners shall inform the Vesspel's Master by tele-communication or similar</input> | <output>
1. MUNTAJATCHARTER
2. VOYAGE CHARTER
3. FERTILISER
4. DRY CARGO
</output> |
<instruction>Predict the relevant tags for the following text segment, which pertains to a document from the maritime industry.</instruction> | <input>quick manner of communication of all relevant terms and conditions of the Charter Party, thereby enabling the Master
to comply fully with the same. o
23. Drugs and Alcohol Policy C
The Owners warrant that they have a policy on drugs and alcohol abuse applicable to the Vessel which meets or
exceeds the standards stated in the International Convention on Standards of Training, Certification and
Watchkeeping, 1978, as amended. The Owners further warrant that this policy will remain in effect during the term of
e
this Charter Party and that the Owners will exercise due diligence to ensure that the policy is complied with.
l
24. Ballast Water Management
p
The Owners warrant that the Vessel shall comply with all mandatory ballast water management requirements
including, but not limited to, any appmlicable international conventions and regulations. The Owners shall assume
liability for and shall indemnify, defend and hold harmless the Charterers against any direct loss and/or damage
(excluding consequential loss and/or damage) and any expenses, fines, penalties and any other claims, including but
not limited to legal costs, arisaing from the Owners' failure to comply with any such provisions. Should such failure
result in any delay then, notwithstanding any provision in this Charter Party to the contrary, the period of such delay
shall not count as laytimeS or, if the Vessel is on demurrage, as demurrage.
25. Bunker Fuel Sulph ur Content
Owners confirm that they are aware of the maximum sulphur content requirements of any sulphur emission control
area (ECA) t he Vessel may be required to enter during the performance of this Charter Party. The Owners shall,
without los s of time and/or deviation, use fuels of such specifications and grades to ensure compliance with these
requirements.
For the purpose of this Clause, ECA shall mean areas as stipulated in MARPOL Annex VI and/or zones and/or areas
regulated by regional and/or national authorities such as, but not limited to, the EU and the US Environmental
Protection Agency. The Owners shall indemnify, defend and hold the Charterers harmless in respect of any direct or
indirect loss, liability, delay, fines, costs or expenses arising or resulting from the Owners' failure to comply with this
Clause. The Owners shall have the right to bunker en route in laden condition before entering ECAs and the Owners
shall do their utmost to minimise time loss and deviation in this respect, however the same shall always be at Owners’
expense.
26. Charterers’ Exclusions
The pilot, Master, officers and crew of any vessel nominated under this Charter Party and any tow boat, person or
facility assisting such vessel shall not be agents or employees of the Charterers and the Charterers shall not be liable
for any loss, damage or claims resulting from or arising out of negligence or error of any of them while a nominated
Vessel is proceeding to or lying at any place of loading and/or discharging.
This Clause does not affect the Charterers’ obligation to nominate a safe berth and/or a safe port.
27. Boycott
In the event of a boycott (whether legal or not) being imposed due to the Vessel's flag, ownership, nationality of the
crew, terms under which crew is employed or labour conditions on board, time lost as a consequence thereof shall not
count as laytime and the Owners shall be responsible for all costs and consequences resulting therefrom.
PART II
MUNTAJATCHARTER
Fertiliser Voyage Charter Party
28. Suez Canal Closure
If the Suez Canal should be closed, both parties shall discuss with the aim of finding a mutually acceptable solution
failing which, either party shall have the option of cancelling the voyage. However, such right to cancellation must be
exercised at least ten (10) days before the cancelling date stated in Box 7.
If a cargo has already been loaded and discharging port(s) normally involving Suez Canal transit has been declared,</input> | <output>
1. MUNTAJATCHARTER
2. VOYAGE CHARTER
3. FERTILISER
4. DRY CARGO
</output> |
<instruction>Predict the relevant tags for the following text segment, which pertains to a document from the maritime industry.</instruction> | <input>then the Charterers shall have the option to change discharging port(s), paying for any deviation that may be incurred
at the demurrage rate stated in Box 18 plus bunkers. If the Charterers choose to maintain discharging port(s) normally
involving Suez Canal transit, then the following shall apply:
The Charterers agree to pay the extra cost of the voyage via the Cape of Good Hope. Such cost shall be calculated on
the basis of the daily demurrage rate stated in Box 18 plus the bunkers consumed for the additional passage and
additional expenses, taxes, and or dues of whatsoever nature, but less the yestimated bunkers used in port whilst
awaiting Charterers’ voyage instructions.
p
In the event that any of the Owners’ underwriters require any additional premium in order to permit the Vessel to enter
any area pursuant to the performance of this Clause, such additioonal premium shall be for the Charterers’ account.
Furthermore, any additional cost of crew wages and bonuses plus the cost of any additional premiums for crew
insurance shall also be for Charterers’ account. C
29. BIMCO General Clause Paramount
The International Convention for the Unification of Certain Rules of Law relating to Bills of Lading signed at Brussels
e
on 25 August 1924 ("the Hague Rules") as amended by the Protocol signed at Brussels on 23 February 1968 ("the
Hague-Visby Rules") and as enacted in the coluntry of shipment shall apply to this Contract. When the Hague-Visby
Rules are not enacted in the country of shipment, the corresponding legislation of the country of destination shall
p
apply, irrespective of whether such legislation may only regulate outbound shipments.
m
When there is no enactment of the Hague-Visby Rules in either the country of shipment or in the country of
destination, the Hague-Visby Rules shall apply to this Contract save where the Hague Rules as enacted in the country
of shipment or if no such enactment is in place, the Hague Rules as enacted in the country of destination, compulsorily
a
applicable to shipments, in which case the provisions of such Rules shall apply.
S
The Protocol signed at Brussels on 21 December 1979 ("the SDR Protocol 1979") shall apply where the Hague-Visby
Rules apply, whether mandatorily or by this Contract.
The Carrier shall in no case be responsible for loss of or damage to cargo arising prior to loading, after discharging, or
while the carg o is in the charge of another carrier, or with respect to deck cargo and live animals.
30. BIMCO General Average Clause
General average shall be adjusted, stated and settled according to the York-Antwerp Rules 1994 in London, unless
another place is agreed and stated in this Charter Party.
31. New Jason Clause
If General average is to be adjusted in accordance with the law and practice of the United States of America, the
following Clause shall apply:
“In the event of accident, danger, damage or disaster before or after the commencement of the voyage, resulting from
any cause whatsoever, whether due to negligence or not, for which or for the consequence of which, the Owners are
not responsible by statute, contract or otherwise, the goods, shippers, consignees or owners of the goods shall
contribute with the Owners in general average to the 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. If a salving vessel is owned or operated by the Owners, salvage shall be paid for as fully as if the said salving
vessel or vessels belonged to strangers. Such deposit as the Owners, or their 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 Owners before delivery.”
32. Both-to-Blame Collision Clause</input> | <output>
1. MUNTAJATCHARTER
2. VOYAGE CHARTER
3. FERTILISER
4. DRY CARGO
</output> |
<instruction>Predict the relevant tags for the following text segment, which pertains to a document from the maritime industry.</instruction> | <input>If the Vessel comes into collision with another vessel as a result of the negligence of the other vessel and any act,
neglect or default of the Master, mariner, pilot or the servants of the Owners in the navigation or in the management of
the Vessel, the owners of the cargo carried hereunder will indemnify the Owners against all loss or liability to the other
PART II
MUNTAJATCHARTER
Fertiliser Voyage Charter Party
or non-carrying vessel or her owners in so far as such loss or liability represents loss of, or damage to, or any claim
whatsoever of the owners of said cargo, paid or payable by the other or non-carrying vessel or her owners to the
owners of said cargo and set-off, recouped or recovered by the other or non-carrying vessel or her owners as part of
their claim against the carrying Vessel or the Owners.
The foregoing provisions shall also apply where the owners, operators or those in charge of any vessel or vessels or
objects other than, or in addition to, the colliding vessels or objects are at fault in respect of a collision or contact.
33. BIMCO Standard ISM Clause for Voyage and Time Charter Parties
During the currency of this Charter Party, the Owners shall procure that both the Vessel and "the Company" (as
defined by the ISM Code) shall comply with the requirements of the ISM Code. Upon request the Owners shall provide
a copy of the relevant Document of Compliance (DOC) and Safety Management Certificate (SMC) to the Charterers.
y
Except as otherwise provided in this Charter Party, loss, damage, expense or delay caused by failure on the part of
the Owners or "the Company" to comply with the ISM Code shall be for thpe Owners' account.
34. BIMCO ISPS/MTSA Clause for Voyage Charter Parties 2005 o
(a)(i) The Owners shall comply with the requirements of the International Code for the Security of Ships and of Port
C
Facilities and the relevant amendments to Chapter XI of SOLAS (ISPS Code) relating to the Vessel and “the
Company” (as defined by the ISPS Code). If trading to or from the United States or passing through United
States waters, the Owners shall also comply with the requirements of the US Maritime Transportation Security
Act 2002 (MTSA) relating to the Vessel and the “Owner” (as defined by the MTSA).
e
(ii) Upon request the Owners shall providel the Charterers with a copy of the relevant International Ship Security
Certificate (or the Interim Internatiopnal Ship Security Certificate) and the full style contact details of the
Company Security Officer (CSO).
m
(iii) Loss, damages, expense or delay (excluding consequential loss, damages, expense or delay) caused by
failure on the part of the Owners or “the Company”/”Owner” to comply with the requirements of the ISPS
Code/MTSA or this Clause shall be for the Owners’ account, except as otherwise provided in this Charter
a
Party.
S
(b)(i) The Charterers shall provide the Owners and the Master with their full style contact details and, upon request,
any other information the Owners require to comply with the ISPS Code/MTSA.
(ii) Loss, damages or expense (excluding consequential loss, damages or expense) caused by failure on the part
of the Charterers to comply with this Clause shall be for the Charterers’ account, except as otherwise provided
in this Charter Party, and any delay caused by such failure shall count as laytime or time on demurrage.
(c) Provided that the delay is not caused by the Owners’ failure to comply with their obligations under the ISPS
Code/MTSA, the following shall apply:
(i) Notwithstanding anything to the contrary provided in this Charter Party, the Vessel shall be entitled to tender
Notice of Readiness even if not cleared due to applicable security regulations or measures imposed by a port
facility or any relevant authority under the ISPS Code/MTSA.
(ii) Any delay resulting from measures imposed by a port facility or by any relevant authority under the ISPS</input> | <output>
1. MUNTAJATCHARTER
2. VOYAGE CHARTER
3. FERTILISER
4. DRY CARGO
</output> |
<instruction>Predict the relevant tags for the following text segment, which pertains to a document from the maritime industry.</instruction> | <input>Code/MTSA shall count as laytime or time on demurrage, unless such measures result solely from the
negligence of the Owners, Master or crew or the previous trading of the Vessel, the nationality of the crew or
the identity of the Owners’ managers.
(d) Notwithstanding anything to the contrary provided in this Charter Party, any costs or expenses whatsoever solely
arising out of or related to security regulations or measures required by the port facility or any relevant authority in
accordance with the ISPS Code/MTSA including, but not limited to, security guards, launch services, vessel escorts,
security fees or taxes and inspections, shall be for the Charterers’ account, unless such costs or expenses result
solely from the negligence of the Owners, Master or crew or the previous trading of the Vessel, the nationality of the
crew or the identity of the Owners’ managers. All measures required by the Owners to comply with the Ship Security
Plan shall be for the Owners’ account.
(e) If either party makes any payment which is for the other party’s account according to this Clause, the other party
shall indemnify the paying party.
PART II
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Fertiliser Voyage Charter Party
35. BIMCO Ice Clause for Voyage Charter Parties
The Vessel shall not be obliged to force ice but, subject to the Owners’ approval having due regard to its size,
construction and class, may follow ice-breakers.
(a) Port of Loading
(i) If at any time after setting out on the approach voyage the Vessel’s passage is impeded by ice, or if on arrival
the loading port is inaccessible by reason of ice, the Master or Owners shall notify the Charterers thereof and
request them to nominate a safe and accessible alternative port.
If the Charterers fail within forty-eight (48) running hours, Sundays and holidays included, to make such
nomination or agree to reckon laytime as if the port named in the contract were accessible or declare that they
cancel the Charter Party, the Owners shall have the option of canceylling the Charter Party. In the event of
cancellation by either party, the Charterers shall compensate the Owners for all proven loss of earnings under
this Charter Party. p
(ii) If at any loading port the Master considers that there is a doanger of the Vessel being frozen in, and provided
that the Master or Owners immediately notify the Charterers thereof, the Vessel may leave with cargo loaded
on board and proceed to the nearest safe and ice freeC place and there await the Charterers’ nomination of a
safe and accessible alternative port within twenty-four (24) running hours, Sundays and holidays excluded, of
the Master’s or Owners’ notification. If the Charterers fail to nominate such alternative port, the Vessel may
proceed to any port(s), whether or not on the cu stomary route for the chartered voyage, to complete with cargo
for the Owners’ account. e
l
(b) Port of Discharge
p
(i) If the voyage to the discharging port is impeded by ice, or if on arrival the discharging port is inaccessible by
reason of ice, the Master or Owmners shall notify the Charterers thereof. In such case, the Charterers shall have
the option of keeping the Vessel waiting until the port is accessible against paying compensation in an amount
equivalent to the rate of demurrage or of ordering the Vessel to a safe and accessible alternative port.
a
If the Charterers fail to make such declaration within forty-eight (48) running hours, Sundays and holidays
included, of the MSaster or Owners having given notice to the Charterers, the Master may proceed without
further notice to the nearest safe and accessible port and there discharge the cargo.
(ii) If at any discharging port the Master considers that there is a danger of the Vessel being frozen in, and
provid ed that the Master or Owners immediately notify the Charterers thereof, the Vessel may leave with cargo
rem aining on board and proceed to the nearest safe and ice free place and there await the Charterers’</input> | <output>
1. MUNTAJATCHARTER
2. VOYAGE CHARTER
3. FERTILISER
4. DRY CARGO
</output> |
<instruction>Predict the relevant tags for the following text segment, which pertains to a document from the maritime industry.</instruction> | <input>nomination of a safe and accessible alternative port within twenty-four (24) running hours, Sundays and
holidays excluded, of the Master’s or Owners’ notification. If the Charterers fail to nominate such alternative
port, the Vessel may proceed to the nearest safe and accessible port and there discharge the remaining cargo.
(iii) On delivery of the cargo other than at the port(s) named in the contract, all conditions of the Bill of Lading shall
apply and the Vessel shall receive the same freight as if discharge had been at the original port(s) of
destination, except that if the distance of the substituted port(s) exceeds one hundred (100) nautical miles, the
freight on the cargo delivered at the substituted port(s) shall be increased proportionately.
36. BIMCO Strike Clause
(a) If there is a strike or lock-out affecting or preventing the actual loading of the cargo, or any part of it, when the
Vessel is ready to proceed from her last port or at any time during the voyage to the port or ports of loading or after
her arrival there, the Master or the Owners may ask the Charterers to declare, that they agree to reckon the laydays
as if there were no strike or lock-out. Unless the Charterers have given such declaration in writing (by telegram, if
necessary) within twenty-four (24) hours, the Owners shall have the option of cancelling this Charter Party. If part
cargo has already been loaded, the Owners must proceed with same, (freight payable on loaded quantity only) having
liberty to complete with other cargo on the way for their own account.
(b) If there is a strike or lock-out affecting or preventing the actual discharging of the cargo on or after the Vessel's
arrival at or off port of discharge and same has not been settled within forty-eight (48) hours, the Charterers shall have
the option of keeping the Vessel waiting until such strike or lock-out is at an end against paying half demurrage after
expiration of the time provided for discharging until the strike or lock-out terminates and thereafter full demurrage shall
be payable until the completion of discharging, or of ordering the Vessel to a safe port where she can safely discharge
without risk of being detained by strike or lock-out. Such orders to be given within forty-eight (48) hours after the
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Master or the Owners have tendered notice to the Charterers of the strike or lock-out affecting the discharge. On
delivery of the cargo at such port, all conditions of this Charter Party and of the Bills of Lading shall apply and the
Vessel shall receive the same freight as if she had discharged at the original port of destination, except that if the
distance to the substituted port exceeds one hundred (100) nautical miles, the freight on the cargo delivered at the
substituted port to be increased in proportion.
(c) Except for the obligations described above, neither the Charterers nor the Owners shall be responsible for the
consequences of any strikes or lock-outs preventing or affecting the actual loading or discharging of the cargo.
37. Sanctions Clause
(a) The Owners shall not be obliged to comply with any orders for the employment of the Vessel in any carriage, trade
or on a voyage which, in the reasonable judgement of the Owners, will expose the Vessel, Owners, managers, crew,
the Vessel’s insurers, or their re-insurers, to any sanction or prohibition imyposed by any State, Supranational or
International Governmental Organisation.
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(b) If the Vessel is already performing an employment to which such sanction or prohibition is subsequently applied,
the Owners shall have the right to refuse to proceed with the emplooyment and the Charterers shall be obliged to issue
alternative voyage orders within forty-eight (48) hours of receipt of Owners’ notification of their refusal to proceed. If
the Charterers do not issue such alternative voyage orders tChe Owners may discharge any cargo already loaded at</input> | <output>
1. MUNTAJATCHARTER
2. VOYAGE CHARTER
3. FERTILISER
4. DRY CARGO
</output> |
<instruction>Predict the relevant tags for the following text segment, which pertains to a document from the maritime industry.</instruction> | <input>any safe port (including the port of loading) in complete fulfilment of this Charter Party. The Owners shall be entitled to
recover from the Charterers the extra expenses of such discharge and, if the discharge takes place at any port other
than the loading port, to receive the full freight as thou gh the cargo had been carried to the discharging port and if the
extra distance exceeds one hundred (100) miles, eto additional freight which shall be the same percentage of the
freight contracted for as the percentage which the extra distance represents to the distance of the normal and
customary route, the Owners having a lien on tlhe cargo for such expenses and freight. If in compliance with this Sub-
clause (b) anything is done or not done, suchp shall not be deemed a deviation.
(c) The Charterers shall indemnify them Owners against any and all claims whatsoever brought by the owners of the
cargo and/or the holders of Bills of Lading and/or sub-charterers against the Owners by reason of the Owners’
compliance with such alternative voyage orders or delivery of the cargo in accordance with Sub-clause (b).
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(d) The Charterers shall procure that this Clause shall be incorporated into all sub-charters and Bills of Lading issued
pursuant to this Charter PSarty.
38. BIMCO Designated Entities Clause for Charter Parties
(a) The provisio ns of this clause shall apply in relation to any sanction, prohibition or restriction imposed on any
specified pers ons, entities or bodies including the designation of specified vessels or fleets under United Nations
Resolution s or trade or economic sanctions, laws or regulations of the European Union or the United States of
America.
(b) Owners and Charterers respectively warrant for themselves (and in the case of any sublet, Charterers further
warrant in respect of any sub-charterers, shippers, receivers, or cargo interests) that at the date of this fixture and
throughout the duration of this Charter Party they are not subject to any of the sanctions, prohibitions, restrictions or
designation referred to in Sub-clause (a) which prohibit or render unlawful any performance under this Charter Party or
any sublet or any Bills of Lading. Owners further warrant that the nominated Vessel, or any substitute, is not a
designated vessel.
(c) If at any time during the performance of this Charter Party either party becomes aware that the other party is in
breach of warranty as aforesaid, the party not in breach shall comply with the laws and regulations of any Government
to which that party or the Vessel is subject, and follow any orders or directions which may be given by any body acting
with powers to compel compliance, including where applicable the Owners’ flag State. In the absence of any such
orders, directions, laws or regulations, the party not in breach may, in its option, terminate the Charter Party forthwith
or, if cargo is on board, direct the Vessel to any safe port of that party’s choice and there discharge the cargo or part
thereof.
(d) If, in compliance with the provisions of this Clause, anything is done or is not done, such shall not be deemed a
deviation but shall be considered due fulfilment of this Charter Party.
(e) Notwithstanding anything in this Clause to the contrary, Owners or Charterers shall not be required to do anything
which constitutes a violation of the laws and regulations of any State to which either of them is subject.
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(f) Owners or Charterers shall be liable to indemnify the other party against any and all claims, losses, damage, costs
and fines whatsoever suffered by the other party resulting from any breach of warranty as aforesaid.
(g) Charterers shall procure that this Clause is incorporated into all sub-charters, contracts of carriage and Bills of
Lading issued pursuant to this Charter Party.
39. Third Party Arrest</input> | <output>
1. MUNTAJATCHARTER
2. VOYAGE CHARTER
3. FERTILISER
4. DRY CARGO
</output> |
<instruction>Predict the relevant tags for the following text segment, which pertains to a document from the maritime industry.</instruction> | <input>In the event of arrest, detention or other sanction levied against the Vessel through no fault of the Charterers, the
Owners shall indemnify the Charterers for any direct damages, penalties, costs and/or consequences and any time
lost due to such arrest, detention or other sanction levied against the Vessel shall not count as laytime or if on
demurrage, as time on demurrage.
In the event of arrest, detention or other similar sanction levied against the Veyssel through no fault of the Charterers,
the Charterers shall be entitled to terminate the Charter Party unless the Vessel is released within three (3) days from
the date of the arrest, detention or other similar sanction. Such option shapll be declared by the Charterers within seven
(7) days of when the Charterers become aware of such arrest, detention or other similar sanction levied against the
Vessel. Termination or failure to terminate shall be without prejudoice to any claim for damages the Charterers may
have against the Owners.
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40. Liquidation or Bankruptcy of the Owners
If the Owners enter into liquidation, become insolvent or bankrupt, have a receiving order made against them,
compound with their creditors, have a petition presented for their winding up or administration, carry on their business
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under a receiver, trustee, liquidator or provisional liquidator for the benefit of any or all of their creditors other than for
the purpose of reorganisation or amalgamatioln without insolvency, or should suffer any equivalent act under any
applicable law, the Charterers may by written notice immediately terminate or suspend this Charter Party until further
p
notice without prejudice to any right of action or claim accrued at the date of termination or suspension.
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41. Force Majeure
Neither party shall be liable for any loss, damage or delay due to any of the following force majeure events and/or
conditions to the extent the paarty invoking force majeure is prevented or hindered from performing any or all of their
obligations under this Charter Party, provided they have made all reasonable efforts to avoid, minimize or prevent the
effect of such events andS/or conditions:
(a) acts of God, in cluding fire, flood, storm, lightening, hurricane, earthquake, landslide or other natural disasters or
extraordinary we ather conditions;
(b) any Go vernment requisition, control, intervention, requirement or interference;
(c) any circumstances arising out of war, threatened act of war or warlike operations, acts of terrorism, sabotage or
piracy, or the consequences thereof;
(d) riots, civil commotion, blockades or embargoes;
(e) epidemics;
(f) fire, accident, explosion except where caused by negligence of the party seeking to invoke force majeure;
(g) major breakdown of any plant, machinery, equipment, vessel or vehicle or major damage to the same which
prevents the securing of materials or labour;
(h) port closure; or
(i) any other similar cause beyond the reasonable control of either party.
The party seeking to invoke force majeure shall notify the other party in writing within two (2) days of the occurrence of
the force majeure event(s), detailing those obligations under the Charter Party which cannot be performed by reason
of the force majeure event as well as the estimated duration of the force majeure event and shall, if required, and upon
reasonable notice, give to the other party in writing particulars of the relevant force majeure event(s), together with
supporting evidence as is reasonably available.
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42. BIMCO War Risks Clause for Voyage Chartering (VOYWAR 2013)
(a) For the purpose of this Clause, the words:
(i) "Owners" shall include the shipowners, bareboat charterers, disponent owners, managers or other operators
who are charged with the management of the Vessel, and the Master; and
(ii) "War Risks" shall include any actual, threatened or reported:</input> | <output>
1. MUNTAJATCHARTER
2. VOYAGE CHARTER
3. FERTILISER
4. DRY CARGO
</output> |
<instruction>Predict the relevant tags for the following text segment, which pertains to a document from the maritime industry.</instruction> | <input>War, act of war, civil war or hostilities; revolution; rebellion; civil commotion; warlike operations; laying of mines;
acts of piracy and/or violent robbery and/or capture/seizure (hereinafter “Piracy”); acts of terrorists; acts of
hostility or malicious damage; blockades (whether imposed against all vessels or imposed selectively against
vessels of certain flags or ownership, or against certain cargoes or crews or otherwise howsoever), by any
person, body, terrorist or political group, or the government of any statey or territory whether recognised or not,
which, in the reasonable judgement of the Master and/or the Owners, may be dangerous or may become
dangerous to the Vessel, cargo, crew or other persons on board thpe Vessel.
(b) If at any time before the Vessel commences loading, it appearos that, in the reasonable judgement of the Master
and/or the Owners, performance of the Contract of Carriage, or any part of it, may expose the Vessel, cargo, crew or
other persons on board the Vessel to War Risks, the OwnCers may give notice to the Charterers cancelling this
Contract of Carriage, or may refuse to perform such part of it as may expose the Vessel, cargo, crew or other persons
on board the Vessel to War Risks; provided always that if this Contract of Carriage provides that loading or
discharging is to take place within a range of ports, an d at the port or ports nominated by the Charterers the Vessel,
cargo, crew, or other persons on board the Vessel emay be exposed to War Risks, the Owners shall first require the
Charterers to nominate any other safe port which lies within the range for loading or discharging, and may only cancel
this Contract of Carriage if the Charterers shall lnot have nominated such safe port or ports within forty-eight (48) hours
of receipt of notice of such requirement. p
(c) The Owners shall not be required mto continue to load cargo for any voyage, or to sign bills of lading, waybills or
other documents evidencing contracts of carriage for any port or place, or to proceed or continue on any voyage, or on
any part thereof, or to proceed through any canal or waterway, or to proceed to or remain at any port or place
whatsoever, where it appearas, either after the loading of the cargo commences, or at any stage of the voyage
thereafter before the discharge of the cargo is completed, that, in the reasonable judgement of the Master and/or the
Owners, the Vessel, cargSo, crew or other persons on board the Vessel may be exposed to War Risks. If it should so
appear, the Owners may by notice request the Charterers to nominate a safe port for the discharge of the cargo or any
part thereof, and if within forty-eight (48) hours of the receipt of such notice, the Charterers shall not have nominated
such a port, the Owners may discharge the cargo at any safe port of their choice (including the port of loading) in
complete fulfilment of the Contract of Carriage. The Owners shall be entitled to recover from the Charterers the extra
expenses of such discharge and, if the discharge takes place at any port other than the loading port, to receive the full
freight as though the cargo had been carried to the discharging port and if the extra distance exceeds one hundred
(100) miles, to additional freight which shall be the same percentage of the freight contracted for as the percentage
which the extra distance represents to the distance of the normal and customary route, the Owners having a lien on
the cargo for such expenses and freight.
(d) If at any stage of the voyage after the loading of the cargo commences, it appears that, in the reasonable
judgement of the Master and/or the Owners, the Vessel, cargo, crew or other persons on board the Vessel may be
exposed to War Risks on any part of the route (including any canal or waterway) which is normally and customarily
used in a voyage of the nature contracted for, and there is another longer route to the discharging port, the Owners</input> | <output>
1. MUNTAJATCHARTER
2. VOYAGE CHARTER
3. FERTILISER
4. DRY CARGO
</output> |
<instruction>Predict the relevant tags for the following text segment, which pertains to a document from the maritime industry.</instruction> | <input>shall give notice to the Charterers that this route will be taken. In this event the Owners shall be entitled, if the total
extra distance exceeds one hundred (100) miles, to additional freight which shall be the same percentage of the
freight contracted for as the percentage which the extra distance represents to the distance of the normal and
customary route.
(e)(i) The Owners may effect War Risks insurance in respect of the Vessel and any additional insurances that
Owners reasonably require in connection with War Risks and the premiums therefor shall be for their account.
(ii) If, pursuant to the Charterers' orders, or in order to fulfil the Owners’ obligation under this Charter Party, the
Vessel proceeds to or through any area or areas exposed to War Risks, the Charterers shall reimburse to the
Owners any additional premiums required by the Owners’ insurers. If the Vessel discharges all of her cargo
within an area subject to additional premiums as herein set forth, the Charterers shall further reimburse the
Owners for the actual additional premiums paid from completion of discharge until the Vessel leaves such area
or areas. The Owners shall leave the area or areas as soon as possible after completion of discharge.
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(iii) All payments arising under this Sub-clause (e) shall be settled within fifteen (15) days of receipt of Owners’
supported invoices.
(f) The Vessel shall have liberty:
(i) to comply with all orders, directions, recommendations or advice as to departure, arrival, routes, sailing in
convoy, ports of call, stoppages, destinations, discharge of cargo, delivery, or in any other way whatsoever,
which are given by the government of the nation under whose flag the Vessel sails, or other government to
whose laws the Owners are subject, or any other government of any state or territory whether recognised or
not, body or group whatsoever acting with the power to compel compliance with their orders or directions;
(ii) to comply with the requirements of the Owners’ insurers under the terms of the Vessel’s insurance(s);
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(iii) to comply with the terms of any resolution of the Security Council of the United Nations, the effective orders of
any other Supranational body which has the right to issue and give the same, and with national laws aimed at
p
enforcing the same to which the Owners are subject, and to obey the orders and directions of those who are
charged with their enforcement;
o
(iv) to discharge at any alternative port any cargo or part thereof which may expose the Vessel to being held liable
C
as a contraband carrier;
(v) to call at any alternative port to change the crew or any part thereof or other persons on board the Vessel when
there is reason to believe that they may be suebject to internment, imprisonment, detention or similar measures;
(vi) where cargo has not been loaded or hals been discharged by the Owners under any provisions of this Clause,
to load other cargo for the Owners' pown benefit and carry it to any other port or ports whatsoever, whether
backwards or forwards or in a contrary direction to the ordinary or customary route.
m
(g) The Charterers shall indemnify the Owners for claims arising out of the Vessel proceeding in accordance with any
of the provisions of Sub-clauses (b) to (f) which are made under any bills of lading, waybills or other documents
evidencing contracts of carriage.
a
When acting in accordanSce with any of the provisions of Sub-clauses (b) to (f) of this Clause anything is done or not
done, such shall not be deemed to be a deviation, but shall be considered as due fulfilment of the Contract of
Carriage.
43. BIMCO Piracy Clause for Single Voyage Charter Parties 2013
(a) If, after entering into this Charter Party, in the reasonable judgement of the Master and/or the Owners, any port,
place, area or zone, or any waterway or canal (hereinafter “Area”) on any part of the route which is normally and</input> | <output>
1. MUNTAJATCHARTER
2. VOYAGE CHARTER
3. FERTILISER
4. DRY CARGO
</output> |
<instruction>Predict the relevant tags for the following text segment, which pertains to a document from the maritime industry.</instruction> | <input>customarily used on a voyage of the nature contracted for becomes dangerous, or the level of danger increases, to
the Vessel, cargo, crew or other persons on board the Vessel due to any actual, threatened or reported acts of piracy
and/or violent robbery and/or capture/seizure (hereinafter “Piracy”), the Owners shall be entitled to take a reasonable
alternative route to the discharging port and, if they so decide, immediately give notice to the Charterers that such
route will be taken. Should the Vessel be within any such place as aforesaid which only becomes dangerous, after
entry, it shall be at liberty to leave it.
(b) In any event, if the Vessel proceeds to or through an Area exposed to the risk of Piracy the Owners shall have the
liberty:
(i) to take reasonable preventative measures to protect the Vessel, crew and cargo including but not limited to re-
routeing within the Area, proceeding in convoy, using escorts, avoiding day or night navigation, adjusting speed
or course, or engaging security personnel and/or deploying equipment on or about the Vessel (including
embarkation/disembarkation);
(ii) to comply with the requirements of the Owners’ insurers under the terms of the Vessel’s insurance(s);
(iii) to comply with all orders, directions, recommendations or advice given by the Government of the Nation under
whose flag the Vessel sails, or other Government to whose laws the Owners are subject, or any other
Government, body or group (including military authorities) whatsoever acting with the power to compel
compliance with their orders or directions; and
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(iv) to comply with the terms of any resolution of the Security Council of the United Nations, the effective orders of
any other Supranational body which has the right to issue and give the same, and with national laws aimed at
enforcing the same to which the Owners are subject, and to obey the orders and directions of those who are
charged with their enforcement.
(c) This Clause shall be incorporated into any bill of lading, waybills or other documents evidencing contracts of
carriage (hereinafter “Contracts of Carriage”) issued pursuant to this Charter Party. The Charterers shall indemnify the
Owners against all consequences or liabilities that may arise from the Master signing Contracts of Carriage as
presented to the extent that the terms of such Contracts of Carriage impose or result in the imposition of more onerous
liabilities upon the Owners than those assumed by the Owners under this Clause.
(d) If in compliance with this Clause anything is done or not done, such shall not be deemed a deviation, but shall be
considered as due fulfilment of this Charter Party. In the event of a conflict between the provisions of this Clause and
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any implied or express provision of the Charter Party, this Clause shall prevail.
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44. War Cancellation Clause
Either party may cancel this Charter Party on the outbreak of waor (whether there be a declaration of war or not)
between any two (2) or more of the following countries: the United States of America; Russia; the United Kingdom; the
People’s Republic of China; the countries of the Gulf CooperatCion Council (GCC); and Iran.
45. BIMCO Standard Dispute Resolution Clause
(a)* This Contract shall be governed by and construed in accordance with English law and any dispute arising out of or
e
in connection with this Contract shall be referred to arbitration in London in accordance with the Arbitration Act 1996 or
any statutory modification or re‐enactment therleof save to the extent necessary to give effect to the provisions of this
Clause.
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The arbitration shall be conducted in accordance with the London Maritime Arbitrators Association (LMAA) Terms
m
current at the time when the arbitration proceedings are commenced.
The reference shall be to three (3) arbitrators. A party wishing to refer a dispute to arbitration shall appoint its arbitrator
a</input> | <output>
1. MUNTAJATCHARTER
2. VOYAGE CHARTER
3. FERTILISER
4. DRY CARGO
</output> |
<instruction>Predict the relevant tags for the following text segment, which pertains to a document from the maritime industry.</instruction> | <input>and send notice of such appointment in writing to the other party requiring the other party to appoint its own arbitrator
within fourteen (14) calendar days of that notice and stating that it will appoint its arbitrator as sole arbitrator unless the
S
other party appoints its own arbitrator and gives notice that it has done so within the fourteen (14) days specified. If the
other party does not appoint its own arbitrator and give notice that it has done so within the fourteen (14) days
specified, the party referring a dispute to arbitration may, without the requirement of any further prior notice to the
other party, app oint its arbitrator as sole arbitrator and shall advise the other party accordingly. The award of a sole
arbitrator sha ll be binding on both parties as if he had been appointed by agreement.
Nothing herein shall prevent the parties agreeing in writing to vary these provisions to provide for the appointment of a
sole arbitrator.
In cases where neither the claim nor any counterclaim exceeds the sum of USD100,000 (or such other sum as the
parties may agree) the arbitration shall be conducted in accordance with the LMAA Small Claims Procedure current at
the time when the arbitration proceedings are commenced.
(b)* This Contract shall be governed by and construed in accordance with Title 9 of the United States Code and the
Maritime Law of the United States and any dispute arising out of or in connection with this Contract shall be referred to
three (3) persons at New York, one to be appointed by each of the parties hereto, and the third by the two so chosen;
their decision or that of any two of them shall be final, and for the purposes of enforcing any award, judgment may be
entered on an award by any court of competent jurisdiction. The proceedings shall be conducted in accordance with
the rules of the society of Maritime Arbitrators, Inc.
In cases where neither the claim nor any counterclaim exceeds the sum of USD 100,000 (or such other sum as the
parties may agree), the arbitration shall be conducted in accordance with the Shortened Arbitration Procedure of the
Society of Maritime Arbitrators, Inc.
(c)* This Contract shall be governed by and construed in accordance with Singapore**/English** law.
Any dispute arising out of or in connection with this Contract, including any question regarding its existence, validity or
termination, shall be referred to and finally resolved by arbitration in Singapore in accordance with the Singapore
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International Arbitration Act (Chapter 143A) and any statutory modification or re‐enactment thereof save to the extent
necessary to give effect to the provisions of this Clause.
The arbitration shall be conducted in accordance with the Arbitration Rules of the Singapore Chamber of Maritime
Arbitration (SCMA) current at the time when the arbitration proceedings are commenced.
The reference to arbitration of disputes under this Clause shall be to three (3) arbitrators. A party wishing to refer a
dispute to arbitration shall appoint its arbitrator and send notice of such appointment in writing to the other party
requiring the other party to appoint its own arbitrator and give notice that it has done so within fourteen (14) calendar
days of that notice and stating that it will appoint its own arbitrator as sole arbitrator unless the other party appoints its
own arbitrator and gives notice that it has done so within the fourteen (14) days specified. If the other party does not
give notice that it has done so within the fourteen (14) days specified, the party referring a dispute to arbitration may,
without the requirement of any further prior notice to the other party, appoint its arbitrator as sole arbitrator and shall
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advise the other party accordingly. The award of a sole arbitrator shall be binding on both parties as if he had been
appointed by agreement.
p</input> | <output>
1. MUNTAJATCHARTER
2. VOYAGE CHARTER
3. FERTILISER
4. DRY CARGO
</output> |
<instruction>Predict the relevant tags for the following text segment, which pertains to a document from the maritime industry.</instruction> | <input>Nothing herein shall prevent the parties agreeing in writing to vary these provisions to provide for the appointment of a
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sole arbitrator.
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In cases where neither the claim nor any counterclaim exceeds the sum of USD 75,000 (or such other sum as the
parties may agree), the arbitration shall be conducted before a single arbitrator in accordance with the SCMA Small
Claims Procedure current at the time when the arbitration proceedings are commenced.
e
** Delete whichever does not apply. If neither or both are deleted, then English law shall apply by default.
l
(d)* This Contract shall be governed by and pconstrued in accordance with the laws of the place mutually agreed by the
parties and any dispute arising out of or in connection with this Contract shall be referred to arbitration at a mutually
agreed place, subject to the procedures applicable there.
m
(e) Notwithstanding Sub‐clauses (a), (b), (c) or (d) above, the parties may agree at any time to refer to mediation any
difference and/or dispute arising out of or in connection with this Contract.
a
In the case of a dispute Sin respect of which arbitration has been commenced under Sub‐clauses (a), (b), (c) or (d)
above, the following shall apply:
(i) A party may at any time and from time to time elect to refer the dispute or part of the dispute to mediation by
service on the other party (or parties) of a written notice (the "Mediation Notice") calling on the other party (or
parties) to agree to mediation.
(ii) The other party (or parties) shall thereupon within fourteen (14) calendar days of receipt of the Mediation Notice
confirm that they agree to mediation, in which case the parties shall thereafter agree a mediator within a further
fourteen (14) calendar days, failing which on the application of either party (or parties) a mediator will be
appointed promptly by the Arbitration Tribunal ("the Tribunal") or such person as the Tribunal may designate for
that purpose. The mediation shall be conducted in such place and in accordance with such procedure and on
such terms as the parties may agree or, in the event of disagreement, as may be set by the mediator.
(iii) If the other party (or parties) does (do) not agree to mediate, that fact may be brought to the attention of the
Tribunal and may be taken into account by the Tribunal when allocating the costs of the arbitration as between
the parties.
(iv) The mediation shall not affect the right of either party (or parties) to seek such relief or take such steps as it
(they) considers (consider) necessary to protect its (their) interests.
(v) A party (or parties) may advise the Tribunal that they have agreed to mediation. The arbitration procedure shall
continue during the conduct of the mediation but the Tribunal may take the mediation timetable into account
when setting the timetable for steps in the arbitration.
(vi) Unless otherwise agreed or specified in the mediation terms, each party shall bear its own costs incurred in the
mediation and the parties shall share equally the mediator's costs and expenses.
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(vii) The mediation process shall be without prejudice and confidential and no information or documents disclosed
during it shall be revealed to the Tribunal except to the extent that they are disclosable under the law and
procedure governing the arbitration.
(Note: The parties should be aware that the mediation process may not necessarily interrupt time limits.)
*If this Clause has been incorporated into the Contract without an express choice of law and arbitration forum chosen
from sub‐clauses (a), (b), (c) and (d), then sub‐clause (a) of this Clause shall apply. Sub‐clause (e) shall apply in all
cases.
46. Confidentiality
The Owners and the Charterers shall keep the existence and the terms of this Charter Party, together with details of
all negotiations, private and confidential, unless disclosure of such information yis required by a court of law.
p
Clause Indexo</input> | <output>
1. MUNTAJATCHARTER
2. VOYAGE CHARTER
3. FERTILISER
4. DRY CARGO
</output> |
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Data Understanding and Preparation
Data Collection
- BIMCO Contracts and Clauses
- URL: BIMCO Contracts and Clauses
- Description: This website provides a wide range of standardized contracts and clauses commonly used in the maritime industry. The documents were downloaded and used as part of our dataset, offering detailed insights into industry-specific terminology and structured data.
Data Description
- Documents Collected: A total of 217 documents were collected for this project.
- Source: All 217 documents were sourced from the BIMCO Contracts and Clauses website.
- Document Types: The documents collected are associated with multiple tags provided by BIMCO. Below are some examples:
- SHIP FINANCING
- TIME CHARTER
- TANKER
- SECURITY
- BAREBOAT CHARTER
- VOYAGE CHARTER
- CHEMTANKVOYBILL
- CREWING
- SALE AND PURCHASE
- PASSENGER
Document Structure
The documents vary in structure and format, ranging from standard templates to more detailed, customized layouts. Each document type contains specific fields relevant to its purpose in the shipping or trade process.
Data Characteristics
- Language: All documents are in English.
- Format: The documents are in PDF format.
- Content Variety: The content ranges from simple textual entries (e.g., dates, names, quantities) to more complex structured data involving tables, clauses, and legal terminologies.
Data Cleaning
No data cleaning was performed on the dataset to preserve the original content. This decision was made to ensure that the fine-tuned model can accurately classify documents as they are presented in real-world scenarios, capturing all nuances, variations, and inconsistencies in the data. By retaining the raw data, the model will be better equipped to handle diverse document structures, spelling variations, and other inconsistencies that may appear in actual usage.
Data Preprocessing
An instruction dataset is a curated collection of instructions paired with their corresponding outputs or actions. These datasets are crucial for training or fine-tuning models, enabling them to understand and perform specific tasks. In the context of language models, instruction datasets are utilized to enhance the models' ability to follow commands and generate relevant outputs.
Dataset Creation
- Instruction: The instruction provided for the dataset was:
<instruction>Predict the relevant tags for the following text segment, which pertains to a document from the maritime industry.</instruction> - Input Specification: Each input consisted of a document chunk with a maximum size of 4000 characters.
- Output Specification: The output for each document chunk consisted of tags.
Samples
A total of 1,783 samples were created during this process.
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