Memorandum Agreement - 范本

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ORIGINAL

 

 

 

FORM OF

 

Code word for this Charter Party

"SHELLTIME 4"

Issued December 1984

Time Charter Party

LONDON, 31.10.2006

IT IS THIS DAY AGREED between

Of Marshall Islands (hereinafter referred to as "Owners"), being owners of the good motor tanker vessel called

(hereinafter referred to as "the vessel") described as per Additional Clauses Number 1, hereof and of (hereinafter referred to as "Charterers"):

 

Description and Condition of Vessel

1. At the date of delivery of the vessel under this charter

(a) she shall be classed: (See additional clause 1)

(b) she shall be in every way fit to carry crude petroleum and/or its clean and dirty products; always in accordance with vessel's class certificates, coating manufacturers resistance list and the vessel's trim, stability and stress requirements, maximum 3 grades (within the vessel's natural segregation s), but always excluding asphalt, bitumens, casing head— LWSR permitted only if compatible with coating manufacturers resistance list. Charterers not to re-dellver the vessel with last cargo orimulsion, CBFS or LSWR.

 

(c) he shall be tight, staunch, strong, in good order and condition, and in every way fit for the service with her machinery, boilers, hull and other equipment including but not limited the hull stress calculator and radar) in a good and efficient state:

(d) her tanks, valves and pipelines should be oil-tight; 

(e) she shall be in every way fitted for burning at sea fuel oil with a maximum viscosity of Centistokes at-50-dogreos Contigrade/any commercial grade of fuel oil ("ACGFO") for main propulsion, marine diesel oil/ ACGFO for auxiliaries In port marine diesel oil/ ACGFO for auxiliaries: IFO and MGO as per clause 29 hereof

(f) she shall comply with the regulations in force so as to enable her to pass through the Suez and Panama Canals by day and night without delay:

(g) she shall have on board all certificates, documents and equipment required from time to time by any applicable lawito enable her to perform the charter service without delay:

(h) she shall comply with the description in Intertanko Questionnaire 88 and OCIMF questionnaire Form B appended hereto, provided however that if there is any conflict between the provision of Form B Inertanko Questionnaire 88 and OCIMF questionnaire and any other provision, including this Clause I, of this charter such other provision shall govern. See vessel's description rider Clause I,

Shipboard Personnel And their Duties

2. (a) At the date of delivery of the vessel under this charter and throughout the entire period of this Charter Party (i) she shall have a full and efficient complement of master, officers and crew for vessel of her tonnage, who shall in any event be not less than the number required by the laws of the flag state and who shall be trained to operate the vessel and her equipment competently and safely; (ii) all shipboard personnel shall hold valid certificates of competence in accordance with the requirements of the law of the flag state; (iii) all shipboard personnel shall be trained in accordance with the relevant provisions of the International Convention on Standards of Training, Certification and Watch keeping for Seafarers, 1978; as amended from time to time. (iv) there shall be on board sufficient personnel with a good working knowledge of the English language to enable cargo operations at loading and discharging places to be carried out efficiently and safely and to enable communications between the vessel and those loading the vessel or accepting discharge therefrom to be carried out quickly and efficiently. (v) All ship board personnel will comply with the OCIMF Guidelines for the control of drugs and alcohol on board ship. (vi) Owners guarantee that the Owners or management company as the case may be shall always be in compliance with ISM Code or any future equivalent.

(b) Owners guarantee that throughout the charter service the master shall with the vessel's officers and crew, unless otherwise ordered by Charterers, (i) prosecute all voyages with the utmost despatch; (ii) render all customary assistance. And (iii) load and discharge cargo as rapidly as possible when required by Charterers or their agents to do so, by night and day, but always in accordance with the laws of the place of loading or discharging (as the ease may be) and in each case in accordance with any applicable laws of the flag state.

 

Duty to Maintain

3. (i) Throughout the charter service Owners shall, whenever the passage of time, wear and tear or any event (whether or not coming within Clause 27 hereof) requires steps to be taken to maintain or restore the conditions stipulated in Clause l and 2 (a), exercise due diligence so to maintain or restore the vessel. (ii) if at any lime whilst the vessel is on hire under this charter the vessel fails to comply with the requirements of clauses 1,2 (a) or 10 then hire shall be reduced to the extent necessary to indemnify Charterers for such failure. If and to the extent that such failure affects the time taken by the vessel to perform any services under this charter, hire shall be reduced by an amount equal to the value, calculated at the rate of hire, of the time so lost. Any reduction of hire under this sub-Clause (ii) shall be without prejudice to any other remedy available to Charterers, but such reduction of hire is in respect of the time lost, such time shall be excluded from any calculation tinder Clause 24. (iii) If owners are in breach of their obligation under Clause 3 (i) Charterers may also so notify Owners in writing: an if, after the expiry of 30 days following the receipt by Owners of any such notice, Owners have failed to demonstrate to Charterers' reasonable satisfaction the exercise of due diligence as required in Clause 3 (i), the vessel shall be off-hire, and no further hire payments shall be due, until Owners have so demonstrated that they are exercising such due diligence. Furthermore, at any time while the vessel is off-hire under this Clause 3 Charterers have the option to terminate this charter by giving notice in writing with effect from the date on which such notice of termination is received by owners or from any later date stated in such notice. This sub-Clause (iii) is without prejudice to any rights of Charterers or obligations of Owners under this charter of otherwise (including without limitation Charterers' rights under Clause 21 hereof.

 

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