charterparty(baltime)期租合同样本

1、adopted bythe documentary committee of the chamberof shipping of the united kingdomand the documentary committee of the japanshipping exchange, inc.1. shipbrokerthe baltic and international maritime conferenceuniform time-charter (box layout 1974)code name: “baltime 1939”2. place and date 3. owners/

2、place of business4. charterers/place of business 5. vessels name 6. grt/nrt 7. class 8. indicated horse power issued 5/2 1909amended 13/3 1911amended 6/3 1912amended 10/6 1920amended 1/3 1939amended 1/1 1950amended 1/7 19749. total tons d.w. (abt.) on board of trade summer freeboard10. cubic feet gr

3、ain/bale capacity 11. permanent bunkers (abt.)12. speed capacity in knots (abt.) on a consumption in tons (abt.) of13. present position 14. period of hire (cl. 1)15. port of delivery (cl. 1) 16. time of delivery (cl. 1)17. (a) trade limits (cl. 2) (b) cargo exclusions specially agreed18. bunkers on

4、delivery and re-delivery (state min. and max. quantity) (cl. 5)19. charter hire (cl. 6)20. hire payment (state currency, method and place of payment, also beneficiary and bank account) (cl. 6)21. place or range of re-delivery (cl. 7)22. war (only to be filled in if section (c) agreed) (cl. 21) 23. c

5、ancelling date (cl. 22)24. place of arbitration (only to be filled in if place other than london agreed) (cl. 23)25. brokerage commission and to whom payable (cl. 25)26. numbers of additional clauses covering special provisions, if agreed it is mutually agreed that this contract shall be performed s

6、ubject to the conditions contained in this charter 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.signature (owners)signature (charterers)part ii“baltime 1939” unifor

7、m time-charter (box layout 1974)it is agreed between the party mentioned in box 3 1as owners of the vessel named in box 5 of the2gross / net register tonnage indicated in box 6,3class as stated in box 7 and of indicated horse 4power as stated in box 8 , carrying about the5number of tons deadweight i

8、ndicated in box 9 on6board of trade summer freeboard inclusive of bun-7kers, stores, provisions and boiler water, having as8per builders plan a cubic-feet grain/bale capacity 9as stated in box 10, exclusive of permanent bun-10kers, which contain about the number of tons11stated in box 11, and fully

9、loaded capable of12steaming about the number of knots indicated in13box 12 in good weather and smooth water on a14consumption of about the number of tons best15welsh coal or oil-fuel stated in box 12, now in16position as stated in box 13 and the party men-17tioned as charterers in box 4, as follows:

10、181.period/port od delivery/time of delivery19the owners let, and he charterers hire the ves- 20sel for a period of the number of calendar months21indicated in box 14 from the time (not a sunday22or a legal holiday unless taken over) the vessel23is delivered and placed at the disposal of the24charte

11、rers between 9 a.m. and 6 p.m., or between259 a.m. and 2 p.m. if on saturday, at the port26stated in box 15 in such available berth where27she can safely lie always afloat, as the charterers28may direct, she being in every way fitted for or-29dinary cargo service.30 the vessel to be delivered at the

12、 time indicated31in box 16.322.trade33the vessel to be employed in lawful trades for34the carriage of lawful merchandise only between35good and safe ports or places where she can36safely lie always afloat within the limits stated in37box 17.38no live stock nor injurious, inflammable or dan-39gerous

13、goods (such as acids, explosives, calcium40carbide, ferro silicon, naphtha, motor spirit, tar,41or any of their products) to be shipped.423.owners to provide43the owners to provide and pay for all provisions44and wages, for insurance of the vessel, for all45deck and engine-room stores and maintain h

14、er in46a thoroughly efficient state in hull and machinery47during service.48the owners to provide winchmen from the crew49to operate the vessels cargo handling gear, unless 50local union or port regulations prohibit this, in which51case qualified shore winch-man shall be provided52and paid for by th

15、e charterers.534.charterers to provide54the charterers to provide and pay for all coals,55including galley coal, oil-fuel, water for boilers,56port charges, pilotages (whether compulsory or57not), canal steersman, boatage, lights, tug-assist-58ance, consular charges (except those pertaining59to the

16、master, officers and crew), canal, dock and60other dues and charges, including any foreign61general municipality or state taxes, also all dock,62harbour and tonnage dues at the ports of de-63livery and re-delivery (unless incurred through64cargo carried before delivery or after re-delivery),65agenci

17、es, commissions, also to arrange and pay66for loading, trimming, stowing (including dunnage67and shifting boards, excepting any already on68board), unloading, weighing, tallying and delivery69of cargoes, surveys on hatches, meals supplied to70officials and men in their service and all other71charges

18、 and expenses whatsoever including de-72tention and expenses through quarantine (includ-73ing cost of fumigation and disinfection).74all ropes, slings and special runners actually75used for loading and discharging and any special76gear, including special ropes, hawsers and chains77required by the cu

19、stom of the port for mooring78to be for the charterers account. the vessel to79be fitted with winches, derricks, wheels and or-80dinary runners capable of handling lifts up to 281tons. 825.bunkers 83the charterers at port of delivery and the owners84at port of redelivery to take over and pay 85for a

20、ll coal, oil-fuel, remaining in the vessels86bunkers at current price at the respective ports.87the vessel to be re-delivered with not less than88the number of tons and not exceeding the num-89ber of tons of coal or oil-fuel in the vessels90bunkers stated in box 18.916.hire92the charterers to pay as

21、 hire the rate stated in93box 19 per 15 days, commencing in accordance94with clause 1 until her re-delivery to the owners.95payment96payment of hire to be made in cash, in the cur-97rency stated in box 20, without discount every9815 days, in advance, and in the manner prescribed99in box 20.100in def

22、ault of payment the owners to have the101right of withdrawing the vessel from the service102of the charterers, without noting any protest and103without interference by any court or any other104formality whatsoever and without prejudice to105any claim the owners may otherwise have on the106charterers

23、 under the charter. 1077.re-delivery108the vessel to be re-delivered on the expiration109of the charter in the same good order as when110delivered to the charterers (fair wear and tear111excepted) at an ice-free port in the charterers112option at the place or within the range stated in113box 21, bet

24、ween 9 a.m. and 6 p.m., and 9 a.m.114and 2 p.m. on saturday, but the day of re-delivery115shall not be a sunday or legal holiday.116notice117the charterers to give the owners not less than118ten days notice at which port and on about119which day the vessel will be re-delivered. 120should the vessel

25、be ordered on a voyage by121which the charter period will be exceeded the122charterers to have the use of the vessel to123enable them to complete the voyage, provided it124could be reasonably calculated that the voyage125would allow re-delivery about the time fixed for126the termination of the chart

26、er, but for any time127exceeding the termination date the charterers to128pay the market rate if higher than the rate stipu-129lated herein.1308.cargo space131the whole reach and burthen of the vessel, in-132cluding lawful deck-capacity to be at the char-133terers disposal, reserving proper and suff

27、icient134space for the vessel s master, officers, crew,135tackle, apparel, furniture, provisions and stores.1369.master137the master to prosecute all voyages with the ut-138most despatch and to render customary assist-139ance with the vessels crew. the master to be140under the orders of the chartere

28、rs as regards141employment, agency, or other arrangements. the142charterers to indemnify the owners against all143consequences or liabilities arising from the ma-144ster, officers or agents signing bills of lading145or other documents or otherwise complying with146such orders, as well as from any ir

29、regularity in147the vessel s papers or for overcarrying goods.148the owners not to be responsible for shortage,149mixture, marks, nor for number of pieces or150packages, nor for damage to or claims on cargo151caused by bad stowage or otherwise.152if the charterers have reason to be dissatisfied153wi

30、th the conduct of the master, officers, or en-154gineers, the owners, on receiving particulars of155the complaint, promptly to investigate the matter,156and, if necessary and practicable, to make a157change in the appointments.15810.directions and logs159the charterers to furnish the master with all

31、 in-160structions and sailing directions and the master161and engineer to keep full and correct logs ac-162cessible to the charterers or their agents.16311.suspension of hire etc.164(a) in the event of drydocking or other necessary165measures to maintain the efficiency of the ves-166sel, deficiency

32、of men or owners stores, break-167down of machinery, damage to hull or other ac-168cident, either hindering or preventing the work-169ing of the vessel and continuing for more than170twentyfour consecutive hours, no hire to be paid171in respect of any time lost thereby during the172period in which t

33、he vessel is unable to perform173the service immediately required. any hire paid 174in advance to be adjusted accordingly.175(b) in the event of the vessel being driven into176port or to anchorage through stress of weather,177trading to shallow harbours or to rivers or ports178with bars or suffering

34、 an accident to her cargo,179any detention of the vessel and/or expenses re-180sulting from such detention to be for the char-181terers account even if such detention and/or ex-182penses, or the cause by reason of which either183is incurred, be due to, or be contributed to184by, the negligence of th

35、e owners servants.18512.cleaning boilers186cleaning of boilers whenever possible to be done187during service, but if impossible the charterers188to give the owners necessary time for cleaning.189should the vessel be detained beyond 48 hours190hire to cease until again ready.19113.responsibility and

36、exemption192the owners only to be responsible for delay in193delivery of the vessel or for delay during the194currency of the charter and for loss or damage195to goods onboard, if such delay or loss has been196caused by want of due diligence on the part of197the owners or their manager in making the

37、 ves-198sel seaworthy and fitted for the voyage or any199other personal act or ommission or default of the200owners or their manager. the owners not to be201responsible in any other case nor for damage or202delay whatsoever and howsoever caused even if203 caused by the neglect or default of their se

38、r-204vants. the owners not to be liable for loss or205damage arising or resulting from strikes, lock-206outs or stoppage or restraint of labour (including207the master, officers or crew) whether partial or208general.209the charterers to be responsible for loss or dam-210age caused to the vessel or t

39、o the owners by211good being loaded contrary to the terms of the212charter or by improper or careless bunkering or213loading, stowing or discharging of goods or any214other improper or negligent act on their part or215that of their servants. .21614.advances217the charterers or their agents to advanc

40、e to the218master, if required, necessary funds for ordinary219disbursements for the vessel s account at any220port charging only interest at 6 0.5 per cent, p.a.221such advances to be deducted from hire.22215.excluded ports223the vessel not to be ordered to nor bound to224enter: a) any place where

41、fever or epidemics are225prevalent or to which the master, officers and226crew by law are not bound to follow the vessel227ice228b) any ice-bound place or any place where lights,229lightships, marks and buoys are or are likely to230be withdrawn by reason of ice on the vessels231arrival or where ther

42、e is risk that ordinarily the232vessel will not be able on account of ice to233reach the place or to get out after having com-234pleted loading or discharging. the vessel not to235be obliged to force ice. if on account of ice the236master considers it dangerous to remain at the237loading or discharg

43、ing place for fear of the ves-238sel being frozen in and/or damaged, he has239liberty to sail to a convenient open place and240await the charterers fresh instructions.241unforeseen detention through any of above cau-242ses to be for the charterers account.24316.loss of vessel244should the vessel be

44、lost or missing, hire to245cease from the date when she was lost. if the246date of loss cannot be ascertained half hire to247be paid from the date the vessel was last re-248ported until the calculated date of arrival at the249destination. any hire paid in advance to be ad-250justed accordingly.25117

45、.overtime252the vessel to work day and night if required.253the charterers to refund the owners their out-254lays for all overtime paid to officers and crew255according to the hours and rates stated in the256vessels articles.25718.lien258the owners to have a lien upon all cargoes and259sub-freights

46、belonging to the time-charterers and260any bill of lading freight for all claims under261this charter, and the charterers to a have a lien262on the vessel for all moneys paid in advance263and not earned.26419.salvage265all salvage and assistance to other vessels to be266for the owners and the charte

47、rers equal benefit267after deducting the masters and crews propor-268tion and all legal and other expenses including269hire paid under the charter for time lost in the270salvage, also repairs of damage and coal or oil-271fuel consumed. the charterers to be bound by272all measures taken by the owners in order to273secure payment of salvage and to fix its amount.27420.sublet275the charterers to have the option of subletting276the vessel, giving due notice to the owners, but277the original charterers always to remain respon-278sible to the owners for due performance of the279charter.28021.war