GENCON 94.pdf

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RECOMMENDED

THE BALTIC AND INTERNATIONAL MARITIME COUNCIL

UNIFORM GENERAL CHARTER (AS REVISED 1922, 1976 and 1994)

(To be used for trades for which no specially approved form is in force)

CODE NAME: "GENCON"

Printed by The BIMCO Charter Party Editor

Part I

Signature (Owners) Signature (Charterers)

1. Shipbroker

a) Laytime for loading

b) Laytime for discharging

c) Total laytime for loading and discharging

4. Charterers/Place of business (Cl. 1)

2. Place and date

3. Owners/Place of business (Cl. 1)

5. Vessel's name (Cl. 1) 6. GT/NT (Cl. 1)

7. DWT all told on summer load line in metric tons (abt.) (Cl. 1)

9. Expected ready to load (abt.) (Cl. 1)

10. Loading port or place (Cl. 1) 11. Discharging port or place (Cl. 1)

12. Cargo (also state quantity and margin in Owners' option, if agreed; if full and complete cargo not agreed state "part cargo") (Cl. 1)

13. Freight rate (also state whether freight prepaid or payable on delivery) (Cl. 4) 14. Freight payment (state currency and method of payment; also beneficiary and

bank account) (Cl. 4)

15. State if vessel's cargo handling gear shall not be used (Cl. 5) 16. Laytime (if separate laytime for load. and disch. is agreed, fill in a) and b). If

total laytime for load. and disch., fill in c) only) (Cl. 6)

18. Agents (loading) (Cl. 6)

17. Shippers/Place of business (Cl. 6)

19. Agents (discharging) (Cl. 6)

20. Demurrage rate and manner payable (loading and discharging) (Cl. 7) 21. Cancelling date (Cl. 9)

23. Freight Tax (state if for the Owners' account) (Cl. 13 (c)) 24. Brokerage commission and to whom payable (Cl. 15)

25. Law and Arbitration (state 19 (a), 19 (b) or 19 (c) of Cl. 19; if 19 (c) agreed

also state Place of Arbitration) (if not filled in 19 (a) shall apply) (Cl. 19)

(a) State maximum amount for small claims/shortened arbitration (Cl. 19) 26. Additional clauses covering special provisions, if agreed

22. General Average to be adjusted at (Cl. 12)

8. Present position (Cl. 1)

It is mutually agreed that this Contract shall be performed subject to the conditions contained in this Charter Party which shall include Part I as well as Part II. In the event

of a conflict of conditions, the provisions of Part I shall prevail over those of Part II to the extent of such conflict.

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1. It is agreed between the party mentioned in Box 3 as the Owners of the Vessel 1

named in Box 5, of the GT/NT indicated in Box 6 and carrying about the number 2

of metric tons of deadweight capacity all told on summer loadline stated in Box 3

7, now in position as stated in Box 8 and expected ready to load under this 4

Charter Party about the date indicated in Box 9, and the party mentioned as the 5

Charterers in Box 4 that: 6

The said Vessel shall, as soon as her prior commitments have been completed, 7

proceed to the loading port(s) or place(s) stated in Box 10 or so near thereto as 8

she may safely get and lie always afloat, and there load a full and complete 9

cargo (if shipment of deck cargo agreed same to be at the Charterers' risk and 10

responsibility) as stated in Box 12, which the Charterers bind themselves to 11

ship, and being so loaded the Vessel shall proceed to the discharging port(s) or 12

place(s) stated in Box 11 as ordered on signing Bills of Lading, or so near 13

thereto as she may safely get and lie always afloat, and there deliver the cargo. 14

2. Owners' Responsibility Clause 15

The Owners are to be responsible for loss of or damage to the goods or for 16

delay in delivery of the goods only in case the loss, damage or delay has been 17

caused by personal want of due diligence on the part of the Owners or their 18

Manager to make the Vessel in all respects seaworthy and to secure that she is 19

properly manned, equipped and supplied, or by the personal act or default of 20

the Owners or their Manager. 21

And the Owners are not responsible for loss, damage or delay arising from any 22

other cause whatsoever, even from the neglect or default of the Master or crew 23

or some other person employed by the Owners on board or ashore for whose 24

acts they would, but for this Clause, be responsible, or from unseaworthiness of 25

the Vessel on loading or commencement of the voyage or at any time 26

whatsoever. 27

3. Deviation Clause 28

The Vessel has liberty to call at any port or ports in any order, for any purpose, 29

to sail without pilots, to tow and/or assist Vessels in all situations, and also to 30

deviate for the purpose of saving life and/or property. 31

4. Payment of Freight 32

(a) The freight at the rate stated in Box 13 shall be paid in cash calculated on the 33

intaken quantity of cargo. 34

(b) Prepaid. If according to Box 13 freight is to be paid on shipment, it shall be 35

deemed earned and non-returnable, Vessel and/or cargo lost or not lost. 36

Neither the Owners nor their agents shall be required to sign or endorse bills of 37

lading showing freight prepaid unless the freight due to the Owners has 38

actually been paid. 39

destination it shall not be deemed earned until the cargo is thus delivered. 41

Notwithstanding the provisions under (a), if freight or part thereof is payable on 42

delivery of the cargo the Charterers shall have the option of paying the freight 43

on delivered weight/quantity provided such option is declared before breaking 44

bulk and the weight/quantity can be ascertained by official weighing machine, 45

joint draft survey or tally. 46

Cash for Vessel's ordinary disbursements at the port of loading to be advanced 47

by the Charterers, if required, at highest current rate of exchange, subject to 48

two (2) per cent to cover insurance and other expenses. 49

5. Loading/Discharging 50

(a) Costs/Risks 51

The cargo shall be brought into the holds, loaded, stowed and/or trimmed, 52

tallied, lashed and/or secured and taken from the holds and discharged by the 53

Charterers, free of any risk, liability and expense whatsoever to the Owners. 54

The Charterers shall provide and lay all dunnage material as required for the 55

proper stowage and protection of the cargo on board, the Owners allowing the 56

use of all dunnage available on board. The Charterers shall be responsible for 57

and pay the cost of removing their dunnage after discharge of the cargo under 58

this Charter Party and time to count until dunnage has been removed. 59

(b) Cargo Handling Gear 60

Unless the Vessel is gearless or unless it has been agreed between the parties 61

that the Vessel's gear shall not be used and stated as such in Box 15, the 62

Owners shall throughout the duration of loading/discharging give free use of 63

the Vessel's cargo handling gear and of sufficient motive power to operate all 64

such cargo handling gear. All such equipment to be in good working order. 65

Unless caused by negligence of the stevedores, time lost by breakdown of the 66

Vessel's cargo handling gear or motive power - pro rata the total number of 67

cranes/winches required at that time for the loading/discharging of cargo 68

under this Charter Party - shall not count as laytime or time on demurrage. 69

On request the Owners shall provide free of charge cranemen/winchmen from 70

the crew to operate the Vessel's cargo handling gear, unless local regulations 71

prohibit this, in which latter event shore labourers shall be for the account of the 72

Charterers. Cranemen/winchmen shall be under the Charterers' risk and 73

responsibility and as stevedores to be deemed as their servants but shall 74

always work under the supervision of the Master. 75

The Charterers shall be responsible for damage (beyond ordinary wear and 77

tear) to any part of the Vessel caused by Stevedores. Such damage shall be 78

notified as soon as reasonably possible by the Master to the Charterers or their 79

agents and to their Stevedores, failing which the Charterers shall not be held 80

responsible. The Master shall endeavour to obtain the Stevedores' written 81

acknowledgement of liability. 82

The Charterers are obliged to repair any stevedore damage prior to completion 83

of the voyage, but must repair stevedore damage affecting the Vessel's 84

seaworthiness or class before the Vessel sails from the port where such 85

damage was caused or found. All additional expenses incurred shall be for the 86

account of the Charterers and any time lost shall be for the account of and shall 87

be paid to the Owners by the Charterers at the demurrage rate. 88

6. Laytime 89

* (a) Separate laytime for loading and discharging 90

The cargo shall be loaded within the number of running days/hours as 91

indicated in Box 16, weather permitting, Sundays and holidays excepted, 92

unless used, in which event time used shall count. 93

The cargo shall be discharged within the number of running days/hours as 94

indicated in Box 16, weather permitting, Sundays and holidays excepted, 95

unless used, in which event time used shall count. 96

* (b) Total laytime for loading and discharging 97

The cargo shall be loaded and discharged within the number of total running 98

days/hours as indicated in Box 16, weather permitting, Sundays and holidays 99

excepted, unless used, in which event time used shall count. 100

Laytime for loading and discharging shall commence at 13.00 hours, if notice of 102

readiness is given up to and including 12.00 hours, and at 06.00 hours next 103

working day if notice given during office hours after 12.00 hours. Notice of 104

readiness at loading port to be given to the Shippers named in Box 17 or if not 105

named, to the Charterers or their agents named in Box 18. Notice of readiness 106

at the discharging port to be given to the Receivers or, if not known, to the 107

Charterers or their agents named in Box 19. 108

If the loading/discharging berth is not available on the Vessel's arrival at or off 109

the port of loading/discharging, the Vessel shall be entitled to give notice of 110

readiness within ordinary office hours on arrival there, whether in free pratique 111

or not, whether customs cleared or not. Laytime or time on demurrage shall 112

then count as if she were in berth and in all respects ready for loading/ 113

discharging provided that the Master warrants that she is in fact ready in all 114

respects. Time used in moving from the place of waiting to the loading/ 115

discharging berth shall not count as laytime. 116

If, after inspection, the Vessel is found not to be ready in all respects to load/ 117

discharge time lost after the discovery thereof until the Vessel is again ready to 118

load/discharge shall not count as laytime. 119

Time used before commencement of laytime shall count. 120

* Indicate alternative (a) or (b) as agreed, in Box 16. 121

7. Demurrage 122

Demurrage at the loading and discharging port is payable by the Charterers at 123

the rate stated in Box 20 in the manner stated in Box 20 per day or pro rata for 124

any part of a day. Demurrage shall fall due day by day and shall be payable 125

upon receipt of the Owners' invoice. 126

In the event the demurrage is not paid in accordance with the above, the 127

Owners shall give the Charterers 96 running hours written notice to rectify the 128

failure. If the demurrage is not paid at the expiration of this time limit and if the 129

vessel is in or at the loading port, the Owners are entitled at any time to 130

terminate the Charter Party and claim damages for any losses caused thereby. 131

8. Lien Clause 132

The Owners shall have a lien on the cargo and on all sub-freights payable in 133

respect of the cargo, for freight, deadfreight, demurrage, claims for damages 134

and for all other amounts due under this Charter Party including costs of 135

recovering same. 136

9. Cancelling Clause 137

(a) Should the Vessel not be ready to load (whether in berth or not) on the 138

cancelling date indicated in Box 21, the Charterers shall have the option of 139

cancelling this Charter Party. 140

(b) Should the Owners anticipate that, despite the exercise of due diligence, 141

the Vessel will not be ready to load by the cancelling date, they shall notify the 142

Charterers thereof without delay stating the expected date of the Vessel's 143

readiness to load and asking whether the Charterers will exercise their option 144

of cancelling the Charter Party, or agree to a new cancelling date. 145

Such option must be declared by the Charterers within 48 running hours after 146

the receipt of the Owners' notice. If the Charterers do not exercise their option 147

of cancelling, then this Charter Party shall be deemed to be amended such that 148

PART II

"Gencon" Charter (As Revised 1922, 1976 and 1994)

This computer generated form is printed by authority of BIMCO. Any insertion or deletion to the form must be clearly visible. In event of any modification being made to the preprinted text of this document, which is

not clearly visible, the original BIMCO approved document shall apply. BIMCO assume no responsibility for any loss or damage caused as a result of discrepancies between the original BIMCO document and this

document.

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the seventh day after the new readiness date stated in the Owners' notification 149

to the Charterers shall be the new cancelling date. 150

The provisions of sub-clause (b) of this Clause shall operate only once, and in 151

case of the Vessel's further delay, the Charterers shall have the option of 152

cancelling the Charter Party as per sub-clause (a) of this Clause. 153

10. Bills of Lading 154

Bills of Lading shall be presented and signed by the Master as per the 155

"Congenbill" Bill of Lading form, Edition 1994, without prejudice to this Charter 156

Party, or by the Owners' agents provided written authority has been given by 157

Owners to the agents, a copy of which is to be furnished to the Charterers. The 158

Charterers shall indemnify the Owners against all consequences or liabilities 159

that may arise from the signing of bills of lading as presented to the extent that 160

the terms or contents of such bills of lading impose or result in the imposition of 161

more onerous liabilities upon the Owners than those assumed by the Owners 162

under this Charter Party. 163

11. Both-to-Blame Collision Clause 164

If the Vessel comes into collision with another vessel as a result of the 165

negligence of the other vessel and any act, neglect or default of the Master, 166

Mariner, Pilot or the servants of the Owners in the navigation or in the 167

management of the Vessel, the owners of the cargo carried hereunder will 168

indemnify the Owners against all loss or liability to the other or non-carrying 169

vessel or her owners in so far as such loss or liability represents loss of, or 170

damage to, or any claim whatsoever of the owners of said cargo, paid or 171

payable by the other or non-carrying vessel or her owners to the owners of said 172

cargo and set-off, recouped or recovered by the other or non-carrying vessel 173

or her owners as part of their claim against the carrying Vessel or the Owners. 174

The foregoing provisions shall also apply where the owners, operators or those 175

in charge of any vessel or vessels or objects other than, or in addition to, the 176

colliding vessels or objects are at fault in respect of a collision or contact. 177

12. General Average and New Jason Clause 178

General Average shall be adjusted in London unless otherwise agreed in Box 179

22 according to York-Antwerp Rules 1994 and any subsequent modification 180

thereof. Proprietors of cargo to pay the cargo's share in the general expenses 181

even if same have been necessitated through neglect or default of the Owners' 182

servants (see Clause 2). 183

If General Average is to be adjusted in accordance with the law and practice of 184

the United States of America, the following Clause shall apply: "In the event of 185

accident, danger, damage or disaster before or after the commencement of the 186

voyage, resulting from any cause whatsoever, whether due to negligence or 187

not, for which, or for the consequence of which, the Owners are not 188

responsible, by statute, contract or otherwise, the cargo shippers, consignees 189

or the owners of the cargo shall contribute with the Owners in General Average 190

to the payment of any sacrifices, losses or expenses of a General Average 191

nature that may be made or incurred and shall pay salvage and special charges 192

incurred in respect of the cargo. If a salving vessel is owned or operated by the 193

Owners, salvage shall be paid for as fully as if the said salving vessel or vessels 194

belonged to strangers. Such deposit as the Owners, or their agents, may deem 195

sufficient to cover the estimated contribution of the goods and any salvage and 196

special charges thereon shall, if required, be made by the cargo, shippers, 197

consignees or owners of the goods to the Owners before delivery.". 198

13. Taxes and Dues Clause 199

(a) On Vessel -The Owners shall pay all dues, charges and taxes customarily 200

levied on the Vessel, howsoever the amount thereof may be assessed. 201

(b) On cargo -The Charterers shall pay all dues, charges, duties and taxes 202

customarily levied on the cargo, howsoever the amount thereof may be 203

assessed. 204

shall be for the Charterers' account. 206

14. Agency 207

In every case the Owners shall appoint their own Agent both at the port of 208

loading and the port of discharge. 209

15. Brokerage 210

A brokerage commission at the rate stated in Box 24 on the freight, dead-freight 211

and demurrage earned is due to the party mentioned in Box 24. 212

In case of non-execution 1/3 of the brokerage on the estimated amount of 213

freight to be paid by the party responsible for such non-execution to the 214

Brokers as indemnity for the latter's expenses and work. In case of more 215

voyages the amount of indemnity to be agreed. 216

16. General Strike Clause 217

(a) If there is a strike or lock-out affecting or preventing the actual loading of the 218

cargo, or any part of it, when the Vessel is ready to proceed from her last port or 219

at any time during the voyage to the port or ports of loading or after her arrival 220

there, the Master or the Owners may ask the Charterers to declare, that they 221

agree to reckon the laydays as if there were no strike or lock-out. Unless the 222

Charterers have given such declaration in writing (by telegram, if necessary) 223

within 24 hours, the Owners shall have the option of cancelling this Charter 224

Party. If part cargo has already been loaded, the Owners must proceed with 225

same, (freight payable on loaded quantity only) having liberty to complete with 226

other cargo on the way for their own account. 227

(b) If there is a strike or lock-out affecting or preventing the actual discharging 228

of the cargo on or after the Vessel's arrival at or off port of discharge and same 229

has not been settled within 48 hours, the Charterers shall have the option of 230

keeping the Vessel waiting until such strike or lock-out is at an end against 231

paying half demurrage after expiration of the time provided for discharging 232

until the strike or lock-out terminates and thereafter full demurrage shall be 233

payable until the completion of discharging, or of ordering the Vessel to a safe 234

port where she can safely discharge without risk of being detained by strike or 235

lock-out. Such orders to be given within 48 hours after the Master or the 236

Owners have given notice to the Charterers of the strike or lock-out affecting 237

the discharge. On delivery of the cargo at such port, all conditions of this 238

Charter Party and of the Bill of Lading shall apply and the Vessel shall receive 239

the same freight as if she had discharged at the original port of destination, 240

except that if the distance to the substituted port exceeds 100 nautical miles, 241

the freight on the cargo delivered at the substituted port to be increased in 242

proportion. 243

Owners shall be responsible for the consequences of any strikes or lock-outs 245

preventing or affecting the actual loading or discharging of the cargo. 246

17. War Risks ("Voywar 1993") 247

(1) For the purpose of this Clause, the words: 248

(a) The "Owners" shall include the shipowners, bareboat charterers, 249

disponent owners, managers or other operators who are charged with the 250

management of the Vessel, and the Master; and 251

(b) "War Risks" shall include any war (whether actual or threatened), act of 252

war, civil war, hostilities, revolution, rebellion, civil commotion, warlike 253

operations, the laying of mines (whether actual or reported), acts of piracy, 254

acts of terrorists, acts of hostility or malicious damage, blockades 255

(whether imposed against all Vessels or imposed selectively against 256

Vessels of certain flags or ownership, or against certain cargoes or crews 257

or otherwise howsoever), by any person, body, terrorist or political group, 258

or the Government of any state whatsoever, which, in the reasonable 259

judgement of the Master and/or the Owners, may be dangerous or are 260

likely to be or to become dangerous to the Vessel, her cargo, crew or other 261

persons on board the Vessel. 262

(2) If at any time before the Vessel commences loading, it appears that, in the 263

reasonable judgement of the Master and/or the Owners, performance of 264

the Contract of Carriage, or any part of it, may expose, or is likely to expose, 265

the Vessel, her cargo, crew or other persons on board the Vessel to War 266

Risks, the Owners may give notice to the Charterers cancelling this 267

Contract of Carriage, or may refuse to perform such part of it as may 268

expose, or may be likely to expose, the Vessel, her cargo, crew or other 269

persons on board the Vessel to War Risks; provided always that if this 270

Contract of Carriage provides that loading or discharging is to take place 271

within a range of ports, and at the port or ports nominated by the Charterers 272

the Vessel, her cargo, crew, or other persons onboard the Vessel may be 273

exposed, or may be likely to be exposed, to War Risks, the Owners shall 274

first require the Charterers to nominate any other safe port which lies 275

within the range for loading or discharging, and may only cancel this 276

Contract of Carriage if the Charterers shall not have nominated such safe 277

port or ports within 48 hours of receipt of notice of such requirement. 278

(3) The Owners shall not be required to continue to load cargo for any voyage, 279

or to sign Bills of Lading for any port or place, or to proceed or continue on 280

any voyage, or on any part thereof, or to proceed through any canal or 281

waterway, or to proceed to or remain at any port or place whatsoever, 282

where it appears, either after the loading of the cargo commences, or at 283

any stage of the voyage thereafter before the discharge of the cargo is 284

completed, that, in the reasonable judgement of the Master and/or the 285

Owners, the Vessel, her cargo (or any part thereof), crew or other persons 286

on board the Vessel (or any one or more of them) may be, or are likely to be, 287

exposed to War Risks. If it should so appear, the Owners may by notice 288

request the Charterers to nominate a safe port for the discharge of the 289

cargo or any part thereof, and if within 48 hours of the receipt of such 290

notice, the Charterers shall not have nominated such a port, the Owners 291

may discharge the cargo at any safe port of their choice (including the port 292

of loading) in complete fulfilment of the Contract of Carriage. The Owners 293

shall be entitled to recover from the Charterers the extra expenses of such 294

discharge and, if the discharge takes place at any port other than the 295

loading port, to receive the full freight as though the cargo had been 296

PART II

"Gencon" Charter (As Revised 1922, 1976 and 1994)

document.