Bargehire Terms: means the Bargehire Standard Barge Charter Party terms and Towcon Terms: means the Towcon International Ocean Towage. Page CHAPTER 6 Standard form contracts: (iv) the bimco “bargehire ” form Part A. The genesis of the “Bargehire” form The publication by BIMCO. The BIMCO BARGEHIRE 94 Standard Barge Bareboat Charter Party, as reproduced at the end of this article, is the final result of the work of the sub- committee.
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Novation Agreement for the Substitution of Time Charterers.
Law of Tug and Tow and Offshore Contracts
It is, of course, important to determine and agree in the contract the value of the vessel for the purpose of insurance coverage and such sum as may be agreed between the parties should be stated in Box 30 according to sub-clause 16 i j. It is important that the date of the last baargehire survey is indicated in Box A distinction has been made between claims for damages caused by late delivery of the barge and, those caused by non-delivery resulting in subsequent cancellation of the charter. The last paragraph provides an obligation for the Charterers to inform the Owners of incidents occurring to the barge.
On the other hand, such new requirements may place an excessive burden on the Charterers, for instance, if compliance is required shortly before redelivery. In case the parties fail to reach bargehirf, the matter shall be referred to arbitration according to Clause 30 Law and Arbitration. Accordingly, sub-clause 7 a provides that late delivery shall entitle the Charterers to a daily compensation Box 19 or a maximum lump sum amount Bwrgehire 20as agreed, whichever is the lesser, whereas sub-clause 7 b provides that in the event of non-delivery of the barge and the charter is bagehire, the Owners shall pay compensation to the Charterers as agreed in Box In this context it may be useful to emphasise that a standard contract constitutes an integrated whole and that any changes to some of the printed clauses may destroy the over-all balance of the contract batgehire such, a fact which should not be forgotten when attempting to amend standard clauses in Part II.
It should be noted that the assessment of compensation for claims for late or non-delivery is to be made without regard to any other claims the Charterers may have under the Charter Party. Hence sub-clause 16 i f. To view bargwhire document click.
Maritime Files – Standard Barge charter party BARGEHIRE
This means that the Charterers shall indemnify and hold the Owners harmless from and against all liabilities arising from the ballast operations. If so, the Charterers at the request of the Owners shall apply to their insurers to include the Owners’ nominated principals as co-assured.
Sub-clause 15 f leaves it to the contracting parties to negotiate the interest rate to apply and to fill in Box 25, bargehier. Hence the suggestion to affix a notice to the barge in a conspicuous place. In some cases, either of the parties may wish to place additional insurance to cover their interest in the venture. BDI weakness in Q4, as the trade war limits demand growth and demolitions stall.
This Clause provides for the drawing up of inventories and the taking over of consumable oil and stores at delivery and redelivery. Clause 23 – Lien This is the usual lien clause granting the Owners and the Charterers a lien for their respective claims against each other.
The purpose of this Clause is to prevent the Charterers from financing their operation by offering suppliers a maritime lien on the barge. As in sub-clause 16 ithe possibility of placing additional insurance by both parties is also envisaged in sub-clause 16 ii t to the extent such additional insurance is permissible as already explained in bbargehire to sub-clause 16 i above.
In line with common practice within bareboat chartering, and as a practical measure, it has been decided that the charter hire should be fixed at a lump sum rate per day and that the charter hire falls due and shall be bargehirr monthly in advance on the first day of each month. Sub-clause 16 i In the bareboat chartering of barges, and contrary to what is usually the case as regards bareboat chartering of vessels, it is practice that the Owners arrange and keep the barge insured for marine, war, and protection and indemnity risks.
Bearing this in mind there should, in principle, be no doubt that the barge Charterers are responsible for damage suffered by third parties caused by the barge, damage to or by the cargo, and any liabilities arising out of the barge becoming a wreck or obstruction to navigation.
bargshire This Clause also provides for the condition in which the barge shall be delivered and, finally, that the delivery to the Charterers shall constitute a full performance by the Owners of their obligations 20088 this Clause. For instance, the Charterers may have an interest in covering themselves against loss of time occasioned by excessive and time-consuming repairs on account of hull damage.
Reference is made to the observations made under Clause 5 Substitution.
Clause 28 – War The multitude of war situations with which the world has been confronted during recent years has shown that some war clauses, notably in old charter parties, have serious shortcomings and do not explicitly cover all the various situations which may arise nowadays as a 200 of war or warlike operations. Your email address We will only use your email to respond to your message. Standard Bargehiire Agreement for Disputes 1.
It was understood that the offshore barge industry is a highly sophisticated trade with a large volume of chartering done on a global basis. In order to match the Charterers’ requirements for a wide initial period with the Owners’ need to ensure that their barge is efficiently utilised, sub-clause 6 b referred to in Box 18 provides a built-in mechanism for narrowing down the period within which bargeuire barge is eventually to be placed at the Charterers’ disposal.
Bargehire Standard Barge Charter Party with Explanatory Notes – Google Books
In particular, in case of short-term charters it has not been felt appropriate that renewal of class should always fall upon the Charterers. Similarily, subclauses 16 ii g to 16 ii i duly reflect the contents of sub-clause 16 i.
Clause 13 – Maintenance and Operation One of the significant 2008 of bareboat chartering is that during the entire charter period the barge is under complete control and at the absolute disposal of the Charterers. Thus, this sub-paragraph gives the Owners a right to sell the barge provided the Charterers’ consent, which shall not be unreasonably withheld, has been obtained. Clause 11 – Inventories and Consumable Oil and Stores This Bargehiree provides for the drawing up of inventories and the taking over of consumable oil and stores at delivery and redelivery.
Clause 5 – Substitution It has been found useful to include a substitution provision giving the Owners a right to substitute the barge described in Part I with an equivalent barge suitable for the purpose of the charter in question.
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