附件
船舶规范
本表由船东填写后,全部并入并作为_________年_________月_________日租约的组成部分。
1.(a)船名:_________呼号:_________船旗:_________
(b)何时建造:_________总长:_________最大的宽度:_________
(c)船级:_________
(d)登记吨位(总/净):_________
(e)主机型号和制动马力:_________
2.载重吨和吃水
(a)按船级的夏季干舷载重包括燃料、船用品和淡水_________长吨。
(b)以(a)为基础满载时在海水中吃水:_________
(c)船用品和常数不超过_________长吨。
3.散装/包装容积
共计_________立方英尺包括清洁,可装干货的深舱包装容积_________立方英尺,另加清洁可装散浪的开底翼舱_________立方英尺。
4.速度耗油和油舱容量
(a)最大每分钟转速:_________
可产生每分钟运行转速:_________
(b)良好天气条件下装载时运行速度:_________海里。
(c)以(b)为基础每日航行耗油:中燃油(最多_________秒)_________吨+柴油_________吨。
(d)每日(24小时)在港耗油:_________
起货机全部作业:_________
起货机停止作业:_________
(e)油舱容量约_________吨燃油约_________吨柴油
(f)中所谓“良好天气条件”应解释为风速不超过蒲福氏风力3级(最大16海里)及/或道格拉期海浪状况3级。
(3—5英尺)
5.起货机
(a)绞车规范、数目和起重能力:_________
(b)吊杆/转盘吊的数目和起重能力:_________
双干联合作业的常规负荷:_________
(c)重吊规范:_________
使用于何舱口:_________
准备时间:_________
6.淡水
(a)水柜容量:_________吨
(b)锅炉每日用量:_________吨,生活用_________吨。
(c)淡水机规范:_________
利用废气制淡水:_________
7.甲板/货舱/舱口
(a)甲板数目:_________
(b)二层甲板平或不平:_________
(c)二层柜高度:_________
(d)货舱/舱口数目:_________
(e)舱口尺寸:_________
深舱口尺寸:_________
(f)舱底板/露天甲板/舱盖强度:_________
8.其他项目
(a)机器/船桥位置:_________
(b)舱盖型号:_________
(c)货舱通风系统:_________
(d)地轴弄是否与舱底板平:_________
(e)充分压舱空载时从水浅至舱盖的板围高度:_________
(f)上次进干坞油漆船底日期:_________
(q)上次熏蒸日期:_________
9.货舱铺有舱底板舱口大小一致,或者舱底板加固,以适于用抓斗卸散货。
10.本船是自动平舱散货船或是双层甲板船,按照1960年海上生命安全国际公约的规定规则,装载散浪无需任何其他设备。
11.本船已经加固,适于装载重件货,并能在货舱间隔装载情况下航行。
12.本船护货板齐备。
13.本船可长途空放无需用货舱装水或重物压舱。
14.本船二层柜舱盖齐全并在租期内同样保持齐全,船东保证,所有二层柜舱盖板完好,符合工厂法或相当的其他法令。
15.本船符合通过苏伊士和巴拿马运河的各项要求并持有必要证件。
16.本船备有通过圣劳伦斯河,圣劳伦斯航路和大湖所要求的全部装置和设备。
17.本船所有货位备有二氧化碳灭火设备,适于满载棉花。
code - name "sinotime 1980"
it is this this day mutually agreed between _________(address of office: _________) owners of the _________ motor/steam vessel called _________ described in the form attached hereto and china national foreign trade transportation corporation of peking, as charterers as follows:
1. vessel's description
the owners warrant that at the date of edlivery and throughout the period of service under this charter the vessel to be of the description set out in the form attached hereto. should the vessel fail to comply in any respect with the said description ,hire to be reduced to the extent necessary to indemnify charterers for such failure.
2. vessel' s condition
the owners warrant that at the date of delivery and throughout the period of service under this charter ,the vessel to be tight, staunch, strong, in good order and condition, in every fit for the cargo service, with her hull, machinery and equipment in a thoroughly efficient state and with a full and efficient complement of master, officers and crew.
3. period
the owners let, and the charterers hire the vessel for a period of _________ calendar months (exact period at charterers' option) commencing from the time of delivery of the vessel.
4. trading
the vessel to be employed in lawful trades between safe ports, anchorages of places where she can safely lie always afloat, except at such places where it is customary for similar size vessels to lie safely aground ,within institute warranty limits excluding _________ the charterers shall have the option of trading outside these limits, provided the vessel is insurable by the owners' underwriters, and have also liberty of trading zones where owners are repuired to pay for extra war risk insurance premium. in either case, extra insurance premium on hull and machinery to be for charterers'account, but such extra premium is not to exceed that for minimum coverage under the london underwriters'minimum scale on conditions no wider than their standard form of institute time clauses (1/10/1970) or of institute war clauses (1/7/1976) excluding blocking and trapping risks. charterers to reimburse the extra premium to owners on receipt of supporting vouchers, or copy of insurance policy,if required by charters. rebates on such extrapremium,if any,to be refunded to charterers. the valuation of hull and machinery for these purposes is fixed ,at........................, on which the premium shall be computed. however if hull and machinery valuation stated in the insurance policy varies from the above,the less shall apply to the com- puting.
should the vessel be prevented from china trading, charterers to have the option of cancelling the charter.
in any event owners shall not for any reason or for any purpose send the vessel to call ports of taiwan unless the consent of charterers be first obtained.
cargo exclusions
the vessel to be employed in carrying lawful merchandise excluding _________.the charterers shall have the privilege to ship dangerous cargo in accordance with the inter- governmental maritime consultative organization rules or any competent authorities'regulations, as applicable.
5. port of delivery
the vessel to be delivered and placed at the disposal of charterers during office hours, at _________ in such available berth where she can safely lie always afloat, as charterers may direct,with clean- swept holds suitable for receiving cargo at loading port. acceptance of delivery shall not constitute any waiver of charterer's rights hereunder.
6. date of delivery
the vessel to be delivered not before _________ and should the vessel not be ready and delivered before 1700 hours _________ the charterers to have the option of cancelling the charter at any time not later than the day of vessel's readiness.
delivery notices
the owners to give the charterers _________ day's notice of the expected date of vessel's delivery and _________ day's notice of definite date.
7. cargo hold inspection
the charterers to appoint a survey or on behalf of both parties at the port of delivery and redelivery, who shall inspect the cargo holds and ascertain bunkers re maining on board on delivery in owners'time and on redelivery in charterers'time. the surveyor's fee to be equally shared between owners and charterers. before measuring the bunkers on board the vessel's draft shall he trimmed to even keel or not more than six feet by stern.
8. owners provide
the owners to provide and/or pay for all provisions, wages, consular fees and all other expenses relating to the master, officers and crew ,for all dcek, cabin, engine room and other necessary stores, for all lubricating oil and water, for all insurance of the vessel and for drydocking, repairs and other maintenance of the vessel.
cargo gear
the owners to provide gear and equipment for all derricks and/or cranes capable of handling lifts upto their capacity as described in the form, also provide all ropes,falls,slings and blocks actually used for loading and discharging. if the vessel is fitted with heavy lift gear,the owners to provide necessary gear for same. (see also clause 15)
the owners to provide deckhands to open and close hatches as required and rig cargo gear before the vessel's arrival at loading and discharging berths or places, also provide deck and/or gangway watchmen and one winchman and/or cranedriver per hatch to work winches and/or cranes day and night as required . if the rules of the crew from opening and closing hatches or driving winches and/or cranes ,then shore labour to be employed in lieu thereof and paid by charterers.
lights
the owners to provide on the vessel sufficient lighting with the vessel's lights and light clusters to work at all hatches and in all holds simultaneously.
hold cleaning
the owner's if required by charterers, to provide the vessel's crew to clean the holds including dunnage removal to the extent suitable for loading next cargo provided local regulations permit it.the charterers to pay owners or crew members a lumpsum of maximum …………………… for each cleaning.
9. charterers provide
the charterers to provide and/or pay for (unless incurred for owners'purpose or during 10ss of time on owners' account whether or not the vessel is off- hire) all fuel for main engines and aux iliary engines (a lumpsum of _________ per calendar month or pro rata for any part of a month is deductible from hire payments to cover vessel's domestic use of fuel), port charges, compulsory pilotages, boatage, tugassistance, consular fees (except those for owners' account under clause 8), canal, dock and other dues (except those collected by the international or local organizations of shipowners or seamen) and charges including any foreign general municipality or statetaxes, also all dock, harbour and tonnage dues at the ports of delivery and re - delivery (unless incurred before de-livery or after re - delivery), agencies, commissions also to arrange and pay for loading, trimming, stowing (including dunnage, but owners allow charterers the use of any dunnage already on board the vessel), unloading, weighing and tallying cargoes, meals supplied to officials and men in their serviee and all other charges and expenses.
10. bunkers
the charterers to take over and pay for all fuel remainging in the vessel's bunkers on delivery at _________ per metric ton of fuel oil and _________ per metric ton of diesel oil. the owners to take over and pay all fuel remaining in the vessel's bunkers on re-delivery at charterers' current contract price at the port of re - delivery, or at the nearest main bunkering port, if the bunker price at the port of re - delivery is not available. the vessel to be delivered with not less than _________ tons of fuel on and not less than _________ tons and more than _________ tons of fuel oil and not less than _________ tons and not more than _________ tons of diesel oil, and to be redelivered with not less than _________ tons and not more than _________ tons and not more than _________ tons of diesel oil.
the charterers to have the liberty of lifting bunkers before delivery, time used not to count.
the charerers to have the option of using owners' bunker contracts. if at any time during the currency of this charter, both owners and charterers are unable to arrange bunkers at the main bunkering ports for the voyage in question, the charterers to have the privilege of cancelling this chartat.
11. rate of hire
the charterers to pay as hire at the rate of _________ per ton of 2240 pounds on the vessel's total deadweight on _________ summer freeboard per calendar month or pro - rata for any part of a month, commencing from the time (g. m. t. ) of the vessel' s delivery until the time (g. m.t. ) of her re-delivery to owners.
payment of hire
first payment of hire to be made within seven banking days of the vessel' s delivery and subsequent payments of hire within seven banking days of the due date, in cash, in _________ to _________ semi - monthly in advance (except for the last period, hire to be payable for such length of time as reasonably estimated by charterers necessary to complete the last voyage) less, in addition to where specifically provided herein, commission and brokerage due to charterers/their agents, any amount or expenses in respect of actual or estimated off- hire periods, any expenses incurred by charterers which may reasonably be estimated by them to relate to such off- hire periods and any amount of claims charterers may have on owners under this charter. if on due date the vessel be off-hire, the balance payment for the period to be made within seven banking days after the vessel is agein on- hire. the charterers also to have right to deduct from the last full month's hire the disbursements expected to be made on owners' behalf of expenses expected to be incurred by charterers for owners' account and estimated cost of bunkers remaining on board on re - delivery, and when the vessel is re - delivered any over - payment to be refunded by owners or under-payment paid by charterers.
in default of payment the owners may withdraw the vessel from the service of charterers, without prejudice to any claim owners may otherwise have on charterers under this charter.
12. re - delivery
the vessel to be re - delivered on the expiration of the charter in the like good order as when delivered to thd charterers (fair wear and tear and loss of or damage to the vessel by reason stated in clause 21 excepted ) at a safe, icefree port in charterers'option in _________
the charterers to have the option of re - delivering the vessel upon completion of discharge, paying owners or crew members a lumpsum of maximum _________ in lieu of holding cleaning including dunnage removal.
notice of re - delivery last voyage
the charterers to give owners not less than ten days' notice of vessel's expected port and date of re - delivery.
should the vessel be ordered on a voyage by which the charter period will be exceeded the charterers to have the use of the vessel to enable them to complete the voyage and pay the market rate for any time exceeding the termination date if market rate is higher than the rate stipulated herein.
13. cargo space
the whole reach and burden of the vessel including passenger accommodation, if any, to be at charterers' disposal, reserving proper and sufficien space for the vessel's master, officers, crew, tackle, apparel, furniture, provisions and stores.
deck cargo
the charterers to have the privilege of loading a full cargo on deck and/or on hatches in accordance with normal marine practice at their expense and risk and deck load will be controlled by vessel's stability and seaworthiness. whilst in navigation the master to take good care for deck cargo and tighten up lashings on deck cargo with the vessel's crew.
14. charterers' representatives
the charterers to have the privilege of putting one/two of their representatives on board the vessel, who shall accompany the vessel and see that the voyages are prosecuted with utmost despatch. they are to be furnished with free accommodations and same fare as provided for the master's table, victualling expenses to be for charterers' account.
15. certificats
the owners warrant to have secured and carry on board the necessary certificates to comply with safety and health regulations and all current requirements in all ports of call.
the owners guarantee that vessel's cargo gear and all other equipment to comply with the regulations in all ports visited by the vessel, and that the vessel to be at all times in possession of valid and up - to - date certificates to comply with such regulations in every respect. if shore personnel is not permitted to work due to failure of the owners to comply with the aforesaid regulations, or because of a lack of said certificates, any time so lost to count as off - hire, and all extra expenses incurred thereby to be for owners' account.
the charterers to have the right to free use of all winches, derricks including heavy lift gear and/or cranes to their full capacity and gear to be kept in full working order for immediate use, the charterers, however, to give sufficient notice of their intention to use heavy lift gear.
fumigations
the owners to provide valid fumigation and deratization orexemption certificates throughout the charter period. all fumigations required because of cargoes carried or ports visited under charterers' instructions to be for charterers account, and otherwise for the owners account.
16. off- hire
(a)in the event of loss of time due to (1)deficiency of men or stores; (2)breakdowm or damage to hull, machinery or equipment; (3)detention by average accidents to ship or cargo including collision and stranding; (4)repairs, drydocking or other necessary measures to maintain the efficiency of the vessel; (5)failure to possess or carry on board valid certificates, and/or other vessel's documentation for the cargo service, including valid panama and suez canal admeasurement certificaters; (6)strikes, refusal to sail, breach of orders or neglect of duty on the part of the master, offieers or crew; (7)detention of or interference with the vessel by any authorities in consequence of legal action against, or breach of regulations by the owners, master, officers or crew (unless brought about by the negligent act or omission of charterers);(8) stoppages resulting from any breach of this charter by the owners;(9)deviation, putting back or putting into any port other than that to which she is bound under the instructions of charterers for any reason or for any purpose (except for stress of weather) mentioned in this~clause or for the purpose of obtaining medical advice or treatment for or landing any sick or injured ship's personnel; (10)those agreed as offhire as elsewhere provided herein or any other causes either hindering or preventing the efficient working of the vessel, or rendering the vessel unavailable for the charterers' service, hire to cease form commencement of such loss of time until the vessel is again in an efficient state to resume her service from a position not less favourable to charterers than that at which such loss of time commenced.
(b)in the event of breakdowm or disablement of one or more winches and/or cranes or other equipment necessary for loading or discharging cargo of insufficient power to operate a winch (s) and/or crane (s), the loss of time to be calculated pro - ra - ta for the period of such inefficiency in relation to the number of winches and/or cranes required to work, or the period of inefficiency to count as foil off- hire correspondingly if it is the cause of completion of loading or discharging of the vessel being delayed. if charterers elect to continue work, the owners to pay for shore appliances in lieu of the winches/cranes, but in such case, the charterers to pay full fire. however in the event that sufficient shore cranes are not available then hire to be paid pro- rata to the number of cranes available.
(c)any extra expenses resulting from any of the above mentioned causes including stevedore standby time and fince, if any imposed, to be borne by owners and deducted from hire.
(d)the charters have the option of adding any off- hire time to the charter period hereunder,
(e)if any cause mentioned herein delays the vessel more than six weeks the charterers to have the option of cancelling this charter.
17. speed claim
with references to clause 1 hereof, it is understood that if the service speed of the vessel be reduced and/or the oil - fuel consumption be increased the time lost and cost of any extra fuel consumed shall be deducted from the hire.
18. requisition
during the period of this charter, should the vessel be requisitioned by the government of the vessel's nationality, hire to cease form the time of her requisition. any hire apid in advance and not earned, and cost of bunkers remaining on board at the time of her requisition shall be refunded to charterers. ff the period of requisition exceeds one month, the charterers to have the option of cancelling his charter.
19. the vessel to be drydocked (bottom cleaned and painted) at least once at intervals of maximum ten months, reckoning from the time of last painting at a convenient place and time to be mutually agreed upon between owners and charterers.
20. duties of master bills of lading
the master to prosecute all voyages with the utmost despatch and to render customary assistance with the veesel's crew. the master to be under the orders of the charterers as regards employment, agency or other arrangements. the master to sigh or if required by charterers to authorise charterers or their agents to sign bills of lading for cargo as presented in conformity with mate's or tally clerks' receipts.
directions and logs
the charterers to furnish the master with all instructions and sailing directions and the master to keep a full and correct log of the voyage or voyages,which to be open to inspection by charterers or their agents. the deck/engine log abstracts to be completed in english language and delivered to charterers or their agents on completion of each voyage ,failing which charterers 'figures to be final and owners are not entitled to any claim in this respect.
if the charteres have reason to be dissatisfied with the conduct of the master, officers or engineers, the owners, on receiving particulars of the complaint, promptly to investigate the matter, and if the complaint prove to be well founded, the owners shall, without delay, make change in the appointments.
21. stevedores
stevedores and tallymen to be arranged by the charterers in loading and discharging, who shall be considered as the owners' servants and subject to the orders and directions of the master. the charterers not to be responsible for any negligence, default or errors in judgement of stevedores employed, nor for loss of or damage to the vessel through the negligence of pilots, tugboats or stevedores, or improper or negligent stowage.
22. advances
the charterers or their agents may advance to the master, if required, necessary funds for ordinary disbursements for the vessel's account at any port charging 2 - 1/2 percent outlay commission, such advances to be deducted from hire. nevertheless, the charterers or their agents to have right to refuse such advances if they consider it necessary to do so.
23. ice
the vessel not to be ordered to nor bound to enter any ice - bound place or place where lights, lightships, marks and bouys are or are likely to be withdrawn by reason of ice on the vessel's arrival or where there is risk that ordinarily the vessel will not be able on account of ice to reach the place or to get out after having completed loading or to get out after having completed loading or discharging. the vessel not to be obliged to force ice, but to follow ice - breaker if required.
24. loss of vessel
should the vessel be lost, hire to cease at noon on the day of her loss, and should the vessel be missing, hire to cease at noon on the day on which the vessel was last reported, and any hire paid in advance and not earned to be refunded to charters.
25. overtime
the vessel to work day and night (saturday, sunday and holiday included) if required, the charterers to pay owners, unless the vessel is off- hire, a lump sum of...............per calen dar month, or pro rata for any part calendar month, or pro rata for any part of a month, in lieu of the officers, and crew's overtime.
26. lien
the owners to have a lien upon all cargoes and subfreights belonging to the time - charterers and any bill of lading freight for all claims under this charter, and the charterer to have a lien on the vessel for all money paid in advance and not earned and for all claims for damages arising from any breach of this charter by owners.
27. salvage
all salvage and assistance to other vessels to be for the owners' and the charterers' equal benefit after deducting the master's and crew's proportion and all legal and other expenses including hire paid under the charter for time lost in the salvage, also repairs of damage and oil fuel consumed. all loss or time and expenses (excluding any damage to or loss of the vessel)incurred in saving or attempting to save life and in unsuccessful attempts at salvage shall be borne equally by owners and charterers.
28. sublet
the charterers to have the option of subletting the vessel, but the original charterers always to remain responsible to the owners for due performance of the charter.
29. smuggling
the owners to be responsible for all consequences of barratrous acts and all wilful wrong boings such as smuggling, thefts, pilferage, etc.by their servants, and any detention of the vessel caused thereby to count as off- hire.
30. return insurance premium
the charterers to have the benefit of any return insurance premium receivable by the owners from the underwriters (as and when received from underwriters, but estimated amount deductible from last hire payment) by reason of the vessel being in port for a minimum period of 30 days provided the vessel be on hire.
31. war
in the event of the nation under whose flag the vessel sails becoming involved in war hostilities or warlike operations, both owners and charterers may cancel the charter and the vessel be redelivered to owners at the port of destination or at a safe and open port at charterers, option, after discharge of any cargo on board.
32. hague rules
the owners or their manager to be responsible, as carriers, for shortage, loss of or damage to the goods carried hereunder asper bills of lading signed by the master or by the charterers or their agents as authorised by the master under clause 20 hereof in accordance with the provisions of articles 3 and 4 of the hague rules, dated brussels the 25th august 1924,in which rule 6 of articie 3 to be excluded and 700 renminbi yuan to replace 100 pounes sterling in rule 5 of article 4.
33. both blame collision clause
both to blame collision clause and chamber of shipping war risk cluses nos. 1 and 2 are to be considered part of this charter - party and are to be included in the bills of lading issued hereunder.
34. war risks general average
general average to be adjusted and settled in peking according to peking adjustment rules 1975.
35. arbitration
any dispute arising under the charter to be referred to arbitration in _________. the arbitral award is final and binding upon both parties.
36. commission
the owners to pay an address commission of 3 - 3/4 percent to charterers and a brokerage of 1 - 1/4 percent to sinochart peking _________ on any hire paid under the charter, if the full hire is not paid owing to breach of charter by either of the parties the party liable there - for to indemnify the brokers against their loss of brokerage. should the parties agrre to caned the charter,the owners to indemnify the brokers against any loss of brokerage,but in such case the brokerage not bo exceed that on one yera's hire.
printed and sold by
china national chartering corporation,
import buiding, peking description of vessel
(attached form to sinotime 1986) this form of ship's description to be completed by the owners and fully incorporated into and form a part of the charter - party dated
1. (a) ship' s name: call sign: flag:
(b)when built: length o.a.: beam extreme:
(c)classification:
(d)registered tonnage (gross/net):
(e)type and brake horse power of main engine:
2. deadweight and draft
(a)deadweight on classified summer freeboard including bunkers, stores and fresh water: long tons t. p. i. (laden draft):
(b)salt water draft fully laden on the basis of (a):
(c)stores and constant not exceeding long tons
3. grain/bate capacity
total cubic - feet including cubic - feet bale in deeptanks clean and available or dry cargo, plus cubic- feet in bleeding wing tanks clean and available for bulk
4. speed consumption and bunker capacity
(a)maximum r. p. m. produced service r.p. m:
(b)service speed fully laden under good weather conditions:knots
(c)daily consumption whilst steaming on the basis of (b): tons i.f.o.
(max.seconds) + tons d.o.
(d)daily consumption in port (24 hours):
when working all gear:
when idle:
(e)bunker capacity abouttons of fuel oil abouttons of diesel oil "good weather conditions" as expressed in (b) are to be taken as a wind speed not exceeding beaufort force 4 (16 knots maximum) and/or douglas sea state 3 (3- 5 feet).
5. cargo gear
(a)description, number and capacity of winches:
(b)number and capacity of derricks/cranes:
normal working lead in union purchase:
(c)description of heavy lift gear:
seving hatches:
time required for rigging:
6. fresh water
(a)capacity of water tanks:tons
(b)daily consumption for boilers tons for domestic use tons
(c)description of evaporator:
daily out- turn by using exharst:
7. decks/holds/hatches
(a)number of decks:
(b)flush tweendeck or not:
(c)clearances of tweendecks:
(d)number of holds/hatches:
(e)sizes of hatches:
sizes of deeptank openings:
(f)tanktop/deck/hatch cover strength:
8. others
(a)engines/bridge placed:
(b)type of hatch covers:
(c)system of cargo hold ventilation:
(d)shaft tunnel is floored over or not:
(e)height from waterline to top hatchcoaming in fully ballasted but light condition:
(f)vessel last dr/docked and bottom painted:
(g)vessel last fumigated:
9. the vessel's cargo holds are properly fitted with floor - ceiling in way of hatches or tanktops are strengthened suitable for grab discharge of bulk cargo.
10. the vessel is a self- trimming bulk carrier of a tweendecker which is permitted to carry grain in bulk without requiring any fittings under the rules of the 1960 international safety of life at sea convention.
11. the vessel is strengthened for heavy cargoes and can sail with alternate holds empty.
12. the vessel is fully fitted with cargo battens.
13. the vessel can make long ballast voyage without water of solid ballast in any cargo hold.
14. the vessel to be equipped with tweendeck hatch covers complete and so remain during the currency of this charter and the owners to ensure that all tweendeck hatch boards are in good condition and comply with the factories act or other equivalent.
15. the vessel to fill all requirements for the passage of the suez and panama canals and have necessary certificates on board.
16. the vessel is fully equipped with the necessary gear and equipment required for transitting the st. lawrence river,st. lawrence seaway and great lakes.
17. the vessel is co2 fitted in all cargo compartments and suitable for the carriage of a full cargo of cotton.