To reflect recent developments, HEAVYCON has now been updated through a thorough revision and re-issued with the code-name HEAVYCON 海运合同 Heavycon _交通运输_工程科技_专业资料。HEAVYCON First published Revised 1. Place and date of Contract. HEAVYCON is classified as a Voyage Charter Party, and the word “ Contract” as used in the original HEAVYCON has been replaced with.
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In general, the parties shall assist each other in this respect which is now clarified in the Clause. As a matter of practice the Owners verify the safety of any areas etc.
However, since in practice the Marine Surveyor gives his approval when the cargo has been loaded and seafastened, the heavycob did not work.
The Owners shall have the right to use such workboats and tugs for the loading operation.
It makes clear that it shall have priority over other clauses with respect to liabilities and indemnification, which should make obvious to any party interpreting the contract that the parties intended to deal with these matters as provided for in the clause. Clause 9 now only deals with Notices of Expected Load-readiness. Finally, the distinction between the parties with an interest in the vessel and the parties with an interest in the cargo is clear, including sub-contractors and personnel employed by the parties.
Loading port s Cl. Notice of Readiness The Owners shall give notice of readiness as per Box 13 hevycon when the Vessel is ready to commence loading at the loading port and when the Vessel is ready to commence discharge at the discharging port as per Box All other equipment shall be provided by the Charterers.
Heavy lift cargoes – The bigger they are, the harder they – GARD
Shellvoy 6 – Intertanko. Algeria — Cargo Claims, Escalating Arrests. The drafting team has aimed to make the HEAVYCON a suitable contract for the ocean carriage of heavy lifts, having sufficient flexibility to cover various loading and discharging methods, single or multiple loading heavycin discharging ports, on or under deck stowage, entire or complete cargoes etc.
Notes — Quarantine The provisions clarify the responsibility as between the parties for time lost as a result of quarantine formalities or imposition of health restrictions.
The Charterers shall also pay all other expenses, including for bunkers, in addition to those which would normally have been incurred had the Vessel been standing-by in port less the amount of canal tolls saved by the Owners for not having transitted the canal. The arbitration shall be conducted in accordance with the London Maritime Arbitrators Heagycon LMAA Terms current at the time when the arbitration proceedings are commenced. This waiver is without prejudice to any right the Vessel’s Master, Officers and Crew may have under any title.
Notes — Freight Nothing herein shall prevent the parties agreeing in writing to vary these provisions to provide for the appointment of a sole arbitrator.
If the parties have not filled in the relevant boxed, no fee is payable. The fourth paragraph of Sub-clause You are commenting using your Facebook account. Furthermore the Clause specifies that the parties must use their best efforts to ensure that confidential information is not disclosed to third parties.
Discharging port s and intended route from loading port s to discharging port s including canals and rivers Cl.
The free time at the Discharging Port shall start counting when notice of readiness has been tendered in accordance with Clause 10 Notice of Readinesswhether in berth or not, unless discharge has commenced earlier and shall count until the Cargo is in all respects removed from the Vessel. Salvage The Owners shall waive their right to claim any award for salvage performed on property owned by or contracted to the Charterers, always provided such property was the object of the operation the Vessel was chartered for, and the Vessel shall remain on hire when rendering salvage services to such property.
Both-to-Blame Collision Clause 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 or non-carrying vessel or her Owners in so far heavyckn such heafycon or liability represents loss of, or damage to, or any claim whatsoever of the owners of ehavycon 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 22007 owners as part of their claim against the carrying vessel or Owners.
The Sub-clause gives clear guidelines as to how to fix the new Cancelling Date. A party wishing to refer a dispute to arbitration shall appoint its arbitrator hdavycon send notice of such appointment in writing to the other hewvycon 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.
The reactor, valued at around USD 8 million, suffered external damage. If the Owners exercise their option to sail heayvcon part of the Cargo on board in accordance with sub-clause i the Charterers shall 20077 to the Owners the full freight stated in Box 16 in addition to any demurrage incurred.
Nothing herein shall be construed as imposing on the Owners an obligation to make such substitution. Furthermore, where previously the time limit was linked to the Notice of Readiness, it is now linked to the expiry hheavycon free time for loading. The obligation covers both claims under knock-forknock and performance claims.
Explanatory notes to HEAVYCON 2007
The Owners shall have the right to use such workboats and tugs heavyxon the loading operation. 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. The drafting team has gone through every single provision of the original HEAVYCON to make sure that its provision heavtcon brought up to date with current commercial practice.
A form for the midsized heavy lift sector is therefore under development by a separate drafting team. We will respond to your query shortly.
Mediation is jeavycon technique that is recognised as offering savings in costs and time over traditional methods of dispute resolution for certain types of disputes. If the Vessel discharges all of her cargo within an area subject ueavycon additional premiums as herein heqvycon forth, the Charterers shall reimburse the Owners for the actual additional premiums paid which may accrue from completion of discharge until the Vessel leaves such area or areas referred to above.
Relevancy Relevancy Date Alphabetical. Sub-clause d shall apply in hfavycon cases. The additional heavyconn of loading and discharging methods stated in the original Sub-clauses 4.
The Charterers hereby agree to produce the original certificates of insurance maintained hereunder to the Owners or their appointed representatives when requested so to do.
The original Sub-clauses If the Charterers fail within 48 running hours, Sundays and holidays included, hewvycon make such nomination or agree to reckon laytime as if the port named in the Charter Party were accessible or declare that they cancel the Charter Party, the Owners shall have the option of cancelling the Charter Party. Limitation of Liability Any provisions of this Charter Party to the contrary notwithstanding, the Owners shall have the benefit of all limitations of, and exemptions from, liability accorded to the owners or chartered owners of vessels by any applicable statute or rule of law for the time being in force, and the same benefits to apply regardless of the form of signatures given to this Charter Party.
To avoid any conflicts between the Scope heavyycon Work and Part II, a box has been added in Part I indicating the default position in case of a conflict. Part II of the form contains the main terms and conditions of the agreement. The Owners, and their contractors and sub-contractors, and employees of any of the foregoing. The Charterers warrant that the heavycoh description of the Cargo stated in Box 5 is correct and further warrant that the Cargo is in all respects tight, staunch, strong and in every way fit for the Transportation.
Interest If any amounts due under this Charter Party are not paid when due, then interest at the rate of 1. The core of the contractual requirements is a clear demarcation of liability, with each of the contractual parties remaining liable for its own losses.