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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Your email address We will only use your email to respond to your message. In order to register for updates, you will need to login. In line with generally accepted legal principles sub-clauses 16 20088 g to 16 i i allocate the responsibilities of the Charterers and the Owners in the event the barge becomes an actual, constructive, compromised or agreed total loss.
When negotiating the charter terms, Box 18 will also have to be filled in with the delivery period notification scheduleas follows:. Clause 30 – Law and Arbitration In a standard charter party intended for use on a worldwide basis, it has not been considered reasonable to let the charter party be governed by one law system only or to fix only one venue of arbitration which may restrict the use of the charter party in practice.
It is intended, and hence provided, that such a substitution shall have no effect on the terms and conditions under the charter, inasmuch as any additional costs associated with preparation of the substituting barge shall be for the Owners’ account. Even though it is the Charterers who take out the insurance if Clause 16 ii applies, there may be situations where the Owners have a legitimate interest in being informed about the employment of the barge. The Bulletin is a digital quarterly magazine containing all the best comment, analysis and information digests from BIMCO.
It is important to note that the ballast engineer is under the supervision of the Charterers and shall be deemed to be a servant of the Charterers. The number of days’ notice to be stated in Box 18 is then ” days”, and the delivery period also to be stated in this box is “60 days”. Register for updates on contracts and clauses Register Now!
CHAPTER 6 Standard form contracts: (iv) the bimco “bargehire ” form
The substituting barge shall be of an equivalent size and quality and, evidently, such substitution must not result in any delay and costs for the Charterers.
Thus, this paragraph provides that late redelivery shall entitle the Owners to the agreed charter rate or to the market rate brgehire the period in question, whichever is the higher, increased by the lump sum penalty to be stated in Box 20 also applicable at late delivery. All items to be agreed for the particular charter and to be filled in by typewriter have been arranged in boxes in Part I.
If, in nargehire next line of the notification schedule, “90 days” and “15 days” have been specified, the Charterers shall, 90 days prior to 1 April,narrow down the delivery period to 15 days, for instance 15 April to 30 April, Of course, proper insurance of the barge is considered paramount, and sub-clause 16 i b therefore provides that in the event that any act or negligence by the Charterers vitiates any of the insurances, the Charterers shall pay to the Owners all losses and indemnify the Owners against all claims which would otherwise have been covered by such insurances.
This Clause also provides for the condition in which the barge shall be delivered and, finally, that the delivery to the Charterers shall constitute a full performance by the Owners of their obligations under this Clause.
Law of Tug and Tow and Offshore Contracts
One of the significant consequences of bareboat chartering is that during the entire charter period the barge is under complete control and at the absolute disposal of the Charterers.
This latter approach has been chosen in order to avoid possible dispute as to the current market rate.
The Clause provides for optional law systems and venues of arbitration by leaving it to the contractual parties to make their own bargrhire in each individual case and to fill in Box 35 accordingly. The Charterers shall therefore notify the Owners of the exact delivery date 45 days prior to 15 April, On the basis of Clause 7 it should thus be fairly simple to assess the amount of damages to which the Charterers shall be entitled on the grounds of late delivery or non-delivery.
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.
Against this background, this paragraph also provides that bargenire from the time the assignment has become effective the Owners shall be relieved from all obligations and liabilities under the charter, provided that the Charterers have been properly informed. Lines are bargehiire As follows from sub-clause 30 dif Box 35 is not filled in, sub-clause a of this Clause i.
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 regard to sub-clause 16 i above. Bargehiire would mean that days prior to 1 March, the first day of the previous declared delivery period the Charterers shall narrow down further the delivery period to 30 days.
It has been found useful to include a substitution provision giving the Owners a right to substitute the barge described in Part I with an equivalent barge suitable for the purpose of the charter in question. Similarily, subclauses 16 ii g to 16 ii i duly reflect the contents of sub-clause 16 i. Unfortunately, we were unable to register your subscription to this notification at this time. On the one hand, it would not be reasonable to place such burdens on the Owners without providing for renegotiation of the hire.
Thus, it follows from sub-clause a of this Clause that the responsibility for maintenance and operation and all costs and expenses arising therefrom shall rest with the Charterers. Laytime Definitions for Charter Parties Sub-clause 15 f leaves it to the contracting parties to negotiate the interest rate to apply and to fill in Box 25, accordingly.
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. Unless the contractual parties have agreed under sub-clause 16 i k that the Owners shall keep the barge with unexpired classification, sub-clause 13 a provides that it is the Charterers who shall maintain the barge’s class as indicated in Box As is the case for the Owners at delivery, it has been found appropriate to avoid situations where the Charterers may find it advantageous not to redeliver the barge in time, however, at the same time ensuring that other claims, i.