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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The exclusion in Rule 60 2 extends only to liabilities, losses, heavyvon. If the Cargo is shipped under deck, the Cargo Receipt shall be claused as per sub-clause ii above.
Any modification of this Charter Party shall not be of any effect unless in writing signed by or on behalf of the parties. Ports of Jurisdiction Testing the boundaries of extraterritorial hesvycon. It will seldom happen that Box 11 is not filled in as the notification schedule is a very important issue for the Charterers. Demobilisation charge if agreed, state lump sum amount Cl. The Owners shall have the right to use such workboats and tugs for the discharging operations.
When the Owners exercise such option s this shall in no way constitute a deviation, notwithstanding anything else contained in this Charter Party. Mobilisation charge if agreed, state lump sum amount Cl. Relevancy Relevancy Date Alphabetical. Furthermore the Clause specifies that the parties must use their best efforts to ensure that confidential information is not disclosed to third parties.
The Cargo can be delivered to the receivers nominated by the Charterers on production of proof of identity without any documentary formalities. 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 This is advantageous to the Charterers, because this gives them more time to tender the full Cargo.
Notes — Brokerage This is a fairly standard heeavycon clause as found in many charter parties.
Place and date of Contract 2. Sub-clause b provides the parties with the possibility of using a non-negotiable Cargo Receipt since in the heavy lift trade it is often the case that a bill of lading is not required because no on-sale of the Cargo heaavycon transit is contemplated.
Notes — Agency This is a standard clause giving the Owners the right to appoint the agents at ports of loading and discharge.
Demurrage claim under HEAVYCON 2007
The award of a sole arbitrator shall be binding on both parties as if he had been appointed by agreement. Notes — Insurance Heavycn related to the matters covered by Clause 22 Liabilities and Indemnities are the provisions concerning insurance laid down in Clause If the Owners render assistance to such property in distress on the basis of “no claim for 207, then, notwithstanding any other provisions contained in this Charter Party and even in the event of neglect or default of the Owners, Master, Officers or Crew: 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 agreed figures should be filled in Part I. The Owners shall have the right to use such workboats and tugs for the discharging operations. If Box 24 is not filled in, this Clause shall be deemed to be deleted.
Demurrage claim under HEAVYCON – International Maritime and Commercial Law
The parties shall use their best efforts to ensure that such information shall not be disclosed to any third party by any of their subcontractors, employees and agents.
It also provides for the parties to mediate on all or just some of the issues being arbitrated. The rights of termination will then still be subject to law. Algeria — Cargo Claims, Escalating Arrests. SmartCon is the next generation of contract editing tools developed using the latest technology from Microsoft.
The mediation shall not affect the right of either party to seek such relief or take such steps as it considers necessary to protect its interest.
The drafting team has aimed to make the HEAVYCON a suitable contract for the ocean carriage of heavy lifts, having sufficient flexibility to cover various loading and discharging methods, single or multiple loading and discharging ports, on or under deck stowage, entire or complete cargoes etc. The Knock for Knock liability regime applies irrespective of blame and seeks to save time and expense in connection with casualties. Notes — Definitions In general, Clause 1 defines the parties to the contract and some of the words and expressions used in the form.
This Clause shall not apply to any information or data that has already been published or is in the public domain. Part II of the form contains the main terms and conditions of the agreement. The Sub-clause gives clear guidelines as to how to fix the new Cancelling Date. The proceedings shall be conducted in accordance with the rules of the Society of Maritime Arbitrators, Inc. Canal Transit a If the Transportation is scheduled to pass through the canal stated in Box 7, the Charterers shall be granted free time for any such transit, and such free time shall count against the number of hours stipulated in Box This Clause shall not apply to any information or data that has already been published or is in the public domain.
The proceedings shall be conducted in accordance with the rules of the Society of Maritime Arbitrators, Inc. Furthermore the Clause specifies that the parties must use their best efforts to ensure that confidential information is not disclosed to third parties. The reference shall be to three arbitrators.
The Charterers shall procure and pay for workboats and tugs required for the positioning of the cargo.
If the price actually paid by the Owners for this quantity of bunkers should be higher, the difference shall be paid by the Charterers to the Owners. Each party pays the claims of its own group following an accident. However, since heavylift vessels and the cargo carried onboard can result in pollution, Clause 24 in HEAVYCON establishes who is responsible for pollution damage originating beavycon the Vessel and from the Cargo. Interest If any amounts due under this Charter Party are not paid when due, then interest at the rate of 1.
In many cases, the areas etc. On delivery of the cargo other than at the port s named in the Charter Party, all conditions of the Bill of Lading shall apply and the Vessel shall receive the same freight as if discharge had been at the original port s of destination, except that if the distance of the substituted port s exceeds nautical miles, the freight on the cargo delivered at the substituted port s shall be increased proportionately.
The free time at the Discharging Port shall start heavyocn when notice of readiness has been tendered in accordance with Clause 10 Notice of Readinesswhether in berth or not, unless discharge has commenced earlier and shall count until the Neavycon is in all respects removed from the Vessel.
Heavcon the Loading Port, the Cargo shall be delivered by the Charterers without delay in the sequence required by the Master at any time during day or night, Saturdays, Sundays or their local equivalent and holidays included and shall be loaded by one or more of the following methods stated in Box 8: The core of the contractual requirements is a clear demarcation of liability, with each of the hfavycon parties remaining liable for its own losses.
The foregoing provisions shall also apply where the owners, operators or those in charge of any vessel or vessels or objects heavhcon than, or in addition to, the colliding vessels or objects are at fault in respect of a collision or contact. The quantities of bunkers, which may heavycin consumption during mobilisation and demobilisation, are agreed upon by the parties when concluding the charter party.
In the case of a dispute in respect of which arbitration has been commenced under ab 20077 c above, the following shall apply: Freight a The freight stipulated in Box 16 shall be paid in instalments in accordance with Box