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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Clause 22 – Non-Lien and Indemnity The purpose of this Clause is to prevent the Charterers from financing their operation by offering suppliers a maritime lien on the barge. The Charterers may then declare that the new delivery period is 1 April, to 30 April, Consequently, the Charterers, when negotiating the terms of the charter, should have sufficient options to avoid late redelivery which may burden the Owners heavily, in particular if the next fixture follows immediately after.
In line with generally bargehide legal principles sub-clauses 16 i g to 16 i i allocate the responsibilities of the Charterers and the Owners in the event the barge becomes an actual, bargejire, compromised or agreed total loss. The Clause provides for optional law systems and venues of arbitration by leaving it to the contractual parties to make their own choice in each individual case and to fill in Box 35 accordingly.
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 was understood that the barggehire barge industry is a highly sophisticated trade with a large volume of chartering done on a global basis. It is common practice in the industry for barge bareboat charters to be entered into a long time before the charter period is expected to run and the actual dates known.
The equitable approach adopted provides that if the changes which have become necessary, cost more than 5 per cent of the barge’s marine insurance value the charter shall become renegotiated.
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 hargehire to sub-clause 16 i above.
English case law indicates that if the Owners attempt to assign and transfer their obligations without the Charterers’ consent, the Owners will usually be considered in repudiatory breach of contract. This Clause gives the Owners a right to inspect or survey the barge throughout the charter period, and it also bargehiree for an equitable allocation of costs in connection herewith.
On the one hand, it would not be reasonable to place such burdens on the Owners without providing for renegotiation of the hire. Clause 19 – Consequential Loss This Clause contains the usual provisions relating to consequential loss.
Clause 16 – Insurance, Repairs and Classification Bargehite 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.
In order to register for updates, you will need to login. Throughout the drafting work it was encouraging to receive a large number of proposals for improvements and amendments from trade interests and legal experts, and every suggestion and recommendation received has been carefully considered and, whenever possible, taken into account in the finalisation of the document.
This will also enable the Owners to reconsider the financial implications of the substitution. There may, however, be certain problems as to the right of placing such additional insurance, for instance, according to national legislation or because the insurers of the vessel may either refuse or put a certain limit on such additional insurance cover. This option must be declared at least 10 days before expected redelivery and in such case baargehire Charterers shall give 10 days’ notice of final redelivery.
In order to strike the right balance in this Clause and because the Charterers most likely will have to change the technical bargeuire etc. Clause 11 – Inventories and Consumable Oil and Stores This Clause provides for the drawing up of inventories and the taking over of consumable oil and stores at delivery and redelivery.
Bargehire Standard Barge Charter Party with Explanatory Notes – Google Books
The following is a brief description of the standard clauses contained in Part II giving some background explanation to the clauses in order to assist owners and other interested parties in the practical use of the charter party. Sub-clause 7 d includes the so-called “Interpellation Clause” found in a number of BIMCO standard documents, the idea of which is that the barge shall not have to bargehure on a long voyage towards the place of delivery not knowing whether or not the Charterers are going to accept the barge.
It has been felt reasonable to allow interest in case of late payments whether the delay is caused by the Charterers’ own fault or negligence or by unforseen circumstances. The number of days’ notice to be stated in Box 18 is then ” days”, brgehire the delivery period also to 2008 stated in this box is “60 days”.
Clause 17 – Charterers’ Responsibilities Bareboat chartering, by definition, implies that the Charterers, practically and legally, take over the whole position of the Owners with one important exception, i. Lines are open 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 Box 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 cancelled, the 20088 shall pay compensation to the Charterers as agreed in Box The actual drafting of this new standard charter party was entrusted to a subcommittee composed of individuals with expert knowledge within the specific field of barge bareboat chartering and representing the various interests involved, i.
Law of Tug and Tow and Offshore Contracts
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.
Some of the boxes to be 20008 in Part I may call for special observations; however, in view of the fact that the details to be written into the boxes should be considered in light of the provisions in the corresponding clauses in Part II, it has been considered appropriate to make these observations together with the comments on the standard clauses in Part II.
Even though the Owners according to this sub-clause shall keep the barge insured, it follows from the basic concept of bareboat chartering that it is the Charterers’ responsibility to effect all insured repairs, the Charterers being secured re-imbursement through the Owners’ insurers as set out in sub-clause 16 i c.
For all the latest market analysis on global shipping including macro economics, tanker, container and dry bulk. Accordingly, 4 sub-clause brgehire e provides for a grace period of 96 running hours. 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. The second paragraph of sub-clause 6 208 provides that the declared delivery period shall always be within the previous declared delivery period and the number of days’ notice shall always be counted from the first day in the declared delivery period.
Sub-clause b provides the Charterers with the right to extend the charter party by up to one-third of the agreed charter period or 45 days, whichever is the lesser.