Bulk Commodity Charter Party Shipping Contract example
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- 36. ISM
- 37. Sub-Standard
- 38. USAID
- 39. War
- 0900 hours September 30, 2011
- For Charterers: For Owners
33. Cargo Losses, Damage, Shortage In case of claims for loss, damage, or shrinkage in transit, or any other claims against the carrier, the rules and conditions governing commercial shipments and the provisions of the 'Carriage of Goods by Sea Act' of 1936 shall not apply as to period within which notice thereof shall be given to carriers or to period within which claim therefore shall be made or suit instituted. Owners to be responsible for any cargo loss or shortage between the bill of lading weight and the weight delivered at the port of discharge. Any damage caused to the cargo by reason of owners discharging equipment to be for Owner's account. The United States Department of Agriculture Kansas City Commodity Office's Guidelines for 'Claims for Over, Short and Damaged Cargo Documentation' is incorporated into this Charter Party. 34. Commissions Brokerage commission(s) not exceeding two and one-half percent (2.5%) on the gross freight amount to be paid by Owners, Vessel lost or not lost, as follows: Two-thirds of two and one-half percent (2/3 x 2.5%) is earned and payable to Muller Shipping Corporation One-third of two and one-half percent (1/3 x 2.5%) is earned and payable to Phoenix Chartering, Inc. 35. Miscellaneous Charterer's liability under this Charter to cease on cargo being loaded, except for payment of all freight, dead freight and/or extra freight, as provided in clauses 11 and 27 hereof, and to the extent provided in the 'Carriage of Goods by Sea Act'. This Charter Party is subject to all applicable provisions of the Agricultural Trade Development and Assistance Act of 1954, as amended, for P.L. 480 cargoes. Except as otherwise expressly stated elsewhere herein, it is mutually agreed that this contract is subject to all terms and provisions of, and all exemptions from liability contained in, the Act of Congress of the United States approved the 16th day of April, 1936, entitled 'Carriage of Goods by Sea Act. Charterers and their designated Agents or representatives, including surveyors, shall have the right to be on-board the vessel for the purpose of supervising and protecting their interests at all times that the vessel is in the loading and/or discharging port(s), including during lighterage operations. 36. ISM and ISPS Code Compliance Carrier/Owner guarantees that this vessel, if required by the ISM (Non self-propelled barges are exempt), and ISPS code issued in accordance with International Convention for the Safety of Life at Sea (1974) as amended (SOLAS) complies fully with the International Safety Management (ISM) Code and the International Ship and Port Facilities Security (ISPS) Code and will remain so for the entirety of her employment under this contract. Upon request, Owners to provide Shippers with a copy of the relevant document of compliance (DOC) and Safety Management Certificate (SMC) in regard to the ISM Code and the International Ship Security Certificate (ISSC) in regard to the ISPS Code. Owners are to remain fully responsible for any and all consequences from matters arising as a result of the Owner or the vessel being out of compliance with the ISM and ISPS code. 37. Sub-Standard Vessels and Operators Section 408 of the Coast Guard Authorization Act of 1998, Public Law 105-383 (46 U.S.C., Paragraph 2302(a)), establishes effective January 1, 1999 with respect to non-U.S. flag vessels and operators/owners, that substandard vessel and vessels operated by operators and owners of substandard vessels are prohibited from the carriage of government impelled (preference) cargo(es) for up to one year after such substandard determination has been published electronically. The cargo covered by this booking note/contract is a government impelled (preference) cargo. Carrier/Owner has warranted that the vessel(s) and the owners/operators are not disqualified to carry such government impelled (preference) cargo(es). Carrier/ Owner shall indemnify Shipper/USDA/USAID for any and all consequences, including but not limited to, fines and/or penalties and/or legal defense and/or carrying charges. should either vessel(s) and/or owners/operators covered under this booking note/contract be or become disqualified for carriage of such government impelled (preference) cargoes regardless of Shipper/USDA/USAID approval of the rates, service, or other terms and conditions covered by this booking note/contract. 38. USAID Banner and Flag USAID requires a standard large size USAID flag and a USAID banner with revised USAID emblem which is approximately 16 feet wide by 16 feet tall to be displayed on vessels carrying USAID funded cargoes. Both the banner and flag are to be flown while the vessel enters the load/discharge ports and during cargo operations. Subsequent lightering contracts should ensure the daughter vessels also carry the same. Vessel Owner is therefore required to take necessary action at their expense to comply. USAID logo and brandmark information is available at website http://www.usaid.gov/branding/ 39. War Risk Insurance Policy for Title II Shipments Owners bear the risk of any increase in war risk insurance premiums. 40. Performance Bond 41. Earliest / Latest Arrival at Destination / Discharge Port(s) Latest Delivery / Delivery Delay Assessment (DDA): Charterers to assess liquidated damages of USD _$1.00 per metric ton reduction in freight rate if vessel has not arrived at the discharge port or if vessel does not present and have N.O.R. to discharge accepted by Receiver or has not commenced discharge, whichever occurs first, by 0900 hours September 30, 2011 and to continue to assess damages for each and every day’s delay until vessel has arrived at the discharge port or vessel’s N.O.R. to discharge is accepted or until commencement of discharge, whichever occurs first. For DDA purposes only, arrival is deemed to have occurred upon notice by Charterer’s agent. In matters relating to the Delivery Delay Assessments, local times will be utilized. Additionally, if cargoes covered by this contract are to be delivered on a through bill of lading, Charters will assess liquidated damages of USD $0.50 per metric ton per day on the entire bill of lading quantity if all cargo has not been delivered to the final delivery destination point(s) within thirty (30) days after completion of vessel discharge, and Charterers will continue to assess liquidated damages thereafter in this amount for each and every day’s delay until all cargo has been delivered to all final delivery destination point(s). Delivery Day Assessments, if any, will be deducted from ocean and/or through bill lading freight. ____________________________________ ________________________________ For Charterers: For Owners: Page of Directory: sites -> default -> files files -> Answer True False 2 points Question 2 files -> Northern England’s set-jetting locations files -> Nstructions for Acquiring Excess Equipment online, through the 1033 Program files -> Occupational health and safety files -> The Black Panther Party’s Ten Point Program files -> International programs roel profile files -> Fermi Questions a guide for Teachers, Students, and Event Supervisors Lloyd Abrams, Ph. D. DuPont Company, cr&D/ccas experimental Station Wilmington, de 19880 files -> Personal Information Name: Maha Al-Ammari Nationality: Saudi Relationship Status Download 0.7 Mb. Share with your friends:
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