海运合同 Heavycon 2007.pdf

1、 HEAVYCON 2007 STANDARD HEAVYLIFT CHARTER PARTY PART I Copyright, published by BIMCO, Copenhagen continued 1. Place and date of Contract First published 1985. Revised 2007. 2. Owners/place of business (Cl. 1) 3. Charterers/place of business (Cl. 1) 4. Vessel (name, type and other particulars; also d

2、escription of Owners equipment) (Cl. 1, Cl. 4(b) and Cl. 20) 5. Cargo (full description of cargo; indicate whether full and complete cargo or part cargo; also state minium/maximum weight of cargo) (Cl. 1, and Cl. 3(d) 6. Loading port(s) (Cl. 1) 7. Discharging port(s) and intended route from loading

3、port(s) to discharging port(s) (including canals and rivers) (Cl. 1, Cl. 3(b) and Cl. 15) 8. Loading method(s) (indicate alternative(s): (i) or (ii), as agreed) (Cl. 4(c) 9. Discharging method(s) (indicate alternative(s): (i) or (ii), as agreed) (Cl. 4(f) 10. The Period (state dates) (Cl. 4(a) and C

4、l. 8(a) 11. Notification schedule (Cl. 8(b) 12. Layday period (state number of days) (Cl. 8(d) 13. Notices for loading to be given to (Cl. 10) 14. Notices for discharging (state interval periods and to whom to be given) (Cl. 9(b) and Cl. 10) 15. Marine Surveyor(s) and date for transportation approva

5、l (Cl. 11) Explanatory Notes for HEAVYCON 2007 are available from BIMCO at www.bimco.org HEAVYCON 2007 Standard Heavylift Charter Party PART I (continued) 16. Freight (Cl. 8(k), Cl. 12 and Cl. 15(b) 17. Freight and demurrage, etc. payment (instalments, currency and where payable; also state owners b

6、ank account) (Cl. 12 and Cl. 13) 19. Demurrage rate per day (Cl. 3(b), Cl. 3(c), Cl. 5(b), Cl. 7, Cl. 13, Cl. 15(c), Cl. 18 and Cl. 21) 18. Free timefree time for loading: (Cl. 8 (i) daystotal free time for loading/discharging and canal transit (if applicable)(Cl. 13(a) and Cl. 15(a) days 20. Mobili

7、sation charge (if agreed, state lump sum amount) (Cl. 14) 21. Demobilisation charge (if agreed, state lump sum amount) (Cl. 14) 22. Canal transit costs (if any) limited to (Cl. 15(b) 23. Bunker Escalation (Cl. 16)Grade: quantity: t. price: per metric tonGrade: quantity: t. price: per metric ton 24.

8、Termination Fee(s) (state amount(s) if agreed) (Cl. 21) 25. Liability for cargo (state whether Bill of Lading or Cargo Receipt) (Cl. 25) 26. General average shall be adjusted/settled at (Cl. 30) 28. Brokerage and to whom payable (Cl. 35)(i) Rate(ii) Broker(s) 30. Numbers of additional clauses coveri

9、ng special provisions, if agreed 27. Double banking (Cl. 37)(i) State Owners additional premiums, if any(ii) State Owners additional costs for insuring deductible, if any 29. Dispute Resolution (Cl. 39) (state whether alternative (a), (b) or (c) of Clause 39 agreed) It is mutually agreed that this C

10、ontract shall be performed subject to the conditions contained in the Contract consisting of PART I including additional clauses, if any agreed and stated in Box 30 and PART II including Annex A (Demarcation of Scope of Work). In the event of a conflict of conditions, the provisions of PART I and an

11、y additional clauses including Annex A (Demarcation of Scope of Work) shall prevail over those of PART II to the extent of such conflict but no further. Signature (Owners) Signature (Charterers) PART II HEAVYCON 2007 - Standard Heavylift Charter Party 1 List of Clauses 1. Definitions 3 2. Voyage 3 3

12、. Deviation/Delays/Part Cargo .3 4. Loading and Discharging .3 5. Permits/Licences .5 6. Duties, T axes and Charges. 5 7. Quarantine .5 8. Commencement of Loading/Cancelling Date 5 9. Advance Notices .6 10. Notice of Readiness 6 1 1. Marine Surveyor/Condition of the V essel and Cargo 6 12. Freight .

13、6 13. Free T ime/Demurrage .7 14. Mobilisation/Demobilisation .7 15. Canal T ransit .7 16. Bunker Escalation .8 17. BIMCO Ice Clause for V oyage Charter Parties .8 18. Dangerous Cargo 9 19. Lien .9 20. Substitution 9 21. T ermination 9 22. Liabilities and Indemnities .9 23. Consequential Damages .10

14、 24. Pollution .10 25. Bill of Lading or Cargo Receipt 10 26. Insurance .11 27. Himalaya Cargo Clause 11 28. Salvage .12 29. Both-to-Blame Collision Clause .12 30. General A verage and New Jason Clause .12 31. W ar Risks (VOYW AR 2004) 13 32. Limitation of Liability 14 33. Interest 14 34. Agency 14

15、35. Brokerage 14 36. BIMCO ISPS/MTSA Clause for V oyage Charter Parties 2005 14 37. Double Banking .15 38. Confidentiality 16 39. BIMCO Dispute Resolution Clause .16 40. BIMCO Notices Clause .17 41. Entire Agreement .17 PART II HEAVYCON 2007 - Standard Heavylift Charter Party 2 PART II HEAVYCON 2007

16、 - Standard Heavylift Charter Party 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 1. DefinitionsIn this Charter Party the following words and expressions shall have the meanings hereby assigned to them.“The

17、 Owners” shall mean the party identified in Box 2.“The Charterers” shall mean the party identified in Box 3.“The V essel” shall mean the vessel described in Box 4.“Loading Port” shall mean the port(s), place(s) or area(s) specified in Box 6.“Discharging Port” shall mean the port(s), place(s) or area

18、(s) specified in Box 7.“The Cargo” shall mean any goods or equipment or other items described in Box 5.“The T ransportation” shall mean the carriage of the Cargo and, as may be specified in Annex A (Demarcation of Scope of W ork), the loading and discharging and all other operations connected therew

19、ith. 2. V oyage(a) It is agreed between the Owners and the Charterers that, subject to the terms and conditions of this Charter Party , the Cargo shall be transported by the V essel from the Loading Port, or so near thereto as she may safely get and lie always safe and afloat, to the Discha rging Po

20、rt, or so near thereto as she may safely get and lie always safe and afloat.(b) The Owners shall exercise due diligence in making the V essel seaworthy before and at arrival at the Loading Port. The Owners shall perform the voyage with due despatch unless otherwise agreed. 3. Deviation/Delays/Part C

21、argo(a) The V essel has the liberty to sail without pilots, to tow and/or assist vessels in distress, to deviate for the purpose of saving life, to replenish bunkers and/or to deviate for the purpose of safety of the Cargo, crew , V essel and for any other reasonable purpose.(b) Without prejudice to

22、 the provisions of Clause 30 (General A verage and New Jason Clause), should the M a s t e r d e c i d e , f o r t h e p u r p o s e o f t h e s a f e t y o f t h e C a r g o , t o d e v i a t e f r o m t h e i n t e n d e d r o u t e w h i c h i s s t i p u l a t e d in Box 7 , the Charterers shall

23、 pay for all time lost as a consequenc e of the deviation at the demurrage rate stipulated in Box 19.The time lost shall include all time used until the V essel reaches the same or equidistant position to that where the deviation commenced and the Charterers shall also pay all additional expenses in

24、curred by such d e v i a t i o n i n c l u d i n g b u n k e r s , p o r t c h a r g e s , p i l o t a g e , t u g b o a t s , a g e n c y f e e s a n d a n y o t h e r e x p e n s e s w h a t s o e v e r incurred.The Owners shall give prompt notification of any delay or deviation to the Charterers

25、and any claims for additional compensation shall be supported by appropriate documentation.(c) If the V essel for reasons beyond the Owners control is delayed at Loading Port and/or Discharging Port, including obtaining free pratique, customs, port clearance or other formalities, such delays shall b

26、e paid for by the Charterers at the demurrage rate stipulated in Box 19.(d) Unless the Cargo is described as a full and complete cargo in Box 5 , the Owners shall have the liberty of re-stowing the Cargo and of loading and of discharging other part cargoes for the account of other than the Charterer

27、s from places enroute or not enroute to place s enroute or not enroute. The rotation of loading and discharging places shall be at the Owners option. When the Owners exercise such option(s) this shall in no way constitute a deviation, notwithstanding anything else contained in this Charter Party . 4

28、. Loading and Discharging(a) The Charterers shall have the Cargo in all respects ready for the said voyage at the Loading Port on the date for which notice of expected load readiness is given by the Owners as per Clause 9 (Advance Notices), but not before the date stated in Box 10 as first layday .T

29、he Charterers shall nominate the precise loading area or place within the agreed Loading Port, which shall be alwa ys safe and accessib le and suitable for the loading operation, upon receipt of the first notice given by the Owners pursuant to Clause 9 (Advance Notices), always subject to the approv

30、al of the Owners and the Master . Such approval shall not be unreasonably withheld.(b) The Owners shall provide the equipment stated in Box 4 or in Annex A (Demarcation of Scope of W ork) PART II HEAVYCON 2007 - Standard Heavylift Charter Party 4 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67

31、 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 and shall in their own time and at their own expense prepare such equipment for the loading operations. All other equipment shall be provided by the Charterers. When the Cargo has been loaded and positioned, it shall b

32、e seafastened and/or lashed by the Owners at their expense, unless otherwise agreed in Annex A (Demarcation of Scope of W ork), to the satisfaction of the Master .(c) A t t h e l o a d i n g p o r t , t h e C a r g o s h a l l b e d e l i v e r e d b y t h e C h a r t e r e r s w i t h o u t d e l a

33、 y i n t h e s e q u e n c e r e q u i r e d by the Master at any time during day or night, Saturdays, Sundays (or their local equivalent) and holidays included and shall be loaded by one or more of the following methods stated in Box 8:(i) * I f a g r e e d i n B ox 8 t h a t t h e C h a r t e r e

34、r s s h a l l p e r f o r m t h e l o a d i n g o p e r a t i o n s , t h e C a r g o s h a l l b e p l a c e d o n b o a r d a n d p o s i t i o n e d b y t h e C h a r t e r e r s t o t h e f u l l s a t i s f a c t i o n o f t h e M a s t e r . T h e C h a r t e r e r s s h a l l p r o c u r e an

35、d pay for all labour and all necessary equipment other than that stated in Box 4 . The Charterers shall have free use of the V essel s gear operated by the V essel s crew .(ii) *If agreed in Box 8 that the Cargo shall be load ed by means of float-on method, the Charterers shall position the Cargo pr

36、ior to loading at 50 metres or at an agreed distance from the V essel s submerged deck to the full satisfaction of the Master . The Owners shall attach lines to the Cargo and shall position a n d s e c u r e t h e C a r g o o v e r t h e s u b m e r g e d d e c k b y u s i n g w i n c h e s a n d /

37、o r t u g s . T h e O w n e r s s h a l l p r o c u r e and pay the necessary labour and winchmen either from the crew or from shore.The Charterers shall procure and pay for workboats and tugs required for the positioning of the cargo. The Owners shall have the right to use such workboats and tugs f

38、or the loading operation.* Indicate alternative(s) (i) or (ii), as agreed, in Box 8.(d) The Charterers shall name the precise dischargin g area or place within the discharging port, which shall be always safe and accessible and suitable for the discharging operation, well in advance of the V essel s

39、 a r r i v a l , a l w a y s s u b j e c t t o t h e a p p r o v a l o f t h e O w n e r s a n d t h e M a s t e r . S u c h a p p r o v a l s h a l l n o t b e u n r e a s o n a b l y withheld.At the discharging port the Charterers shall take delivery of the Cargo without delay in accordance with s

40、ub-clause (f) at any time during day or night, Saturdays, Sundays (or their local equivalent) and holidays included.The entire discharge operation always to be done to the full satisfaction of the Master .(e) Prior to actual discharge the Owners shall, unless otherwise agreed in Annex A (Demarcation

41、 of Scope of W ork), remove all seafastening and/or lashing and prepare the V essel for the discharge operation. (f) The Cargo shall be discharged by one or more of the following methods stated in Box 9:(i) *If agreed in Box 9 that the Charterers shall discharge the Cargo, the Charterers shall procu

42、re and pay f o r t h e n e c e s s a r y e q u i p m e n t a n d l a b o u r . T h e C h a r t e r e r s s h a l l h a v e f r e e u s e o f t h e V e s s e l s g e a r o p e r a t e d by the V essel s crew .(ii) *If agreed in Box 9 that the Cargo shall be discharged by means of float of f method, t

43、he Owners shall submerge the V essel and float-of f the Cargo. The Owners shall procure and pay the necessary labour and winchmen either from the crew or from shore.The Charterers shall procure and pay for workboats and tugs required for discharging the Cargo. The Owners shall have the right to use

44、such workboats and tugs for the discharging operations.* Indicate alternative(s) (i) or (ii), as agreed, in Box 9.(g) All expenses associated with the V essel such as harbour dues, pilotages, local tug assistance, if required, agency fees, fuel and lubricants shall be paid for by the Owners except a

45、s otherwise provided for in this Charter Party . (h) A n y c o m p u l s o r y s h o r e l a b o u r c o n n e c t e d w i t h l o a d i n g o p e r a t i o n s , l a s h i n g / s e a f a s t e n i n g , r e m o v a l o f lashing/seafastening and/or discharging operations requir ed by local authori

46、ties or union regulations shall be for the Charterers account. PART II HEAVYCON 2007 - Standard Heavylift Charter Party 5 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140

47、 5. Permits/Licences(a) All necessary permits and/or licences pertaining to the loading and/or discharging operations shall be provided and paid for by the Charterers, unless such permits and/or licences can only be obtained by the Owners, in which case they shall be provided by the Owners but paid

48、for by the Charterers.The Owners and the Charterers shall assist each other in obtaining such permits and/or licences.(b) Any delay caused by the Charterers in obtaining the permits and/or licences related to sub-clause 5(a) shall be at the Charterers time and any time lost shall be paid for at the

49、demurrage rate stipulated in Box 19. 6. Duties, T axes and ChargesThe Charterers shall pay all duties, taxes and charge s whatsoever levied or based on the Cargo and/or the freight at the Loading Port and/or Discharging Port irrespective of how the amount thereof may be assessed, including agency commission assessed on the basis of the freight. 7. QuarantineUnless due to health conditions on board the V essel, any time lost as a result of quarantine formalities and/ or health restrictions imposed or incurred at any stage of the voyage, including any such loss of time a