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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Demurrage claim under HEAVYCON – International Maritime and Commercial Law
Without prejudice to the generality of the Charterers’ rights under a and bit is expressly agreed that the Master shall have the right to refuse to allow the Vessel to perform as provided in a and b if in his reasonable opinion it is not safe so to do.
The Owners shall pay all expenses relating to documentation related to the Vessel and all other equipment being provided by the Owners in the performance of the Transportation. Notes — Voyage 2. This has been done to ensure that one party cannot invoke mediation as a delaying tactic.
The time lost shall include all time used until the Vessel reaches the same or equidistant position to that where the deviation commenced and the Charterers shall also pay all additional expenses incurred by such deviation including bunkers, port charges, pilotage, tug boats, agency fees and any other expenses whatsoever incurred. Any modification of this Charter Party shall not be of any effect unless in writing signed by or on behalf of the parties.
It is, however, seldom that cargo intended for being carried on board heavylift vessels, are not a full cargo. Such approval shall not be unreasonably withheld. Photo courtesy of Clipper Group AS. Parties should be aware that the Owners are entitled to substitution, i.
It soon became clear that a land-based crane would be required to finish the discharge process. Notes — Brokerage This is a fairly standard brokerage clause as found in many charter parties. The parties should go through each activity in the list and designate which party will be responsible by ticking the appropriate box. Any comments to this article can be e-mailed to the Gard News Editor. Did it mean that there was no right for the Charterers to cancel at all or did it give the Charterers the right to cancel after commencement of loading?
Bunker Escalation This Charter Party is concluded on the basis of the price per metric ton and the quantity and grades of bunkers stated in Box The parties are left with substantial freedom in this respect: Should it appear that the Vessel will not be ready to commence loading latest on the Cancelling Date the Owners shall immediately notify the Charterers.
Further, the contractual provisions should not in any way affect the carrier’s right to limit liability in accordance with any applicable legal regime. The Charterers shall also pay for all other expenses which may be incurred as a result thereof.
The free time at the Loading Port shall start counting when notice of readiness has been tendered, in accordance with Clause 10 Notice of Readinesswhether in berth or not, unless loading has commenced earlier and shall count until the Cargo is in all respects fully seafastened on board the Vessel and approved by the Marine Surveyor s.
The Owners shall give prompt notification of any delay or deviation to the Charterers and any claims for additional compensation shall be supported by appropriate documentation. Subclauses g and h are about the division of various costs.
The proceedings shall be conducted in accordance with the rules of the Society of Maritime Arbitrators, Inc. Furthermore, where previously the time limit was linked heavycoh the Notice of Readiness, it is now linked to the expiry of free time for loading.
Owners made two demurrage claims.
Explanatory notes to HEAVYCON 2007
In general, this means that the Charterers take responsibility for the Cargo whereas the Owners take responsibility for the Vessel. Notes 207 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 arbitration shall be conducted in accordance with the London Maritime Arbitrators Association LMAA Terms current at the time when the arbitration proceedings are commenced. Sub-clause d shall apply in all cases. Five Pillars of American Enterprise. Pollution a The Owners shall be liable for, and agree to indemnify, defend and hold harmless the Charterers against all claims, heavyvon, expenses, actions, proceedings, suits, demands and liabilities whatsoever arising out of actual or threatened pollution damage and the cost of cleanup or control thereof originating from the Vessel heavtcon other property of the Owners.
Haevycon are, however, various points by which the midsized sector distinguishes from the super-heavylift sector, and which make HEAVYCON less appropriate to the midsized sector. When the Hague-Visby Rules are not enacted in the country of shipment, the corresponding legislation of the country of destination shall apply, irrespective of whether such legislation may only regulate outbound shipments.
The foregoing provisions shall also apply where the owners, operators or those in charge of any vessel or vessels or objects other than, or in addition to, the colliding vessels or objects are at fault in respect of a collision or contact. The clause makes reference to, inter alia, acts of terrorism. However, since in practice the Marine Surveyor gives his approval when the cargo has been loaded and seafastened, the provision did not work. In the midsized sector, e. When the Owners exercise such option s this shall in no way constitute a heagycon, notwithstanding anything else contained in this Charter Party.
Marine Surveyor s and date for transportation approval Cl. 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 hheavycon law for the time being in force, and the same benefits to apply regardless of the form of signatures given to this Charter Party.
Any delay was critical, as hexvycon reactor was apparently the key remaining piece of 20007 needed in the nearby chemical plant, which was almost complete.