ASHLAND SPECIAL CLAUSES
LIGHTERAGE
If lighterage is required at any designated port, time consumed (including
backloading) shall count as laytime or time on demurrage. In either event,
time shall commence six (6) hours after tendering Notice of Readiness and
anchoring or whenever the lighterage craft is all secure alongside, whichever
first occurs. The anchorage or lighterage area shall not be considered as an
additional port or berth and any running time from such lighterage area shall
not be considered as used laytime or time on demurrage.
U.S. COAST GUARD
Owner warrants the Vessel to be in full compliance with all U.S. Coast Guard
pollution and safety regulations as contained in Titles 33 and 46 of the Code
of Federal Regulations as amended and that the Vessel is not presently under
any outstanding U.S. Coast Guard Letter of Discrepancy. Owner further warrants
the Vessel has all necessary certificates of inspection properly endorsed by
the U.S. Coast Guard and all such certificates shall be updated, renewed or
obtained as required by all applicable U.S. laws and regulations including, but
not limited to, the Port and Tanker Safety Act of 1978 (33 U.S.C. ??1221-1232
and 46 U.S.C. ?391 a). Any delay or damages as a result of non-compliance
shall be for Owner's account.
OIL POLLUTION ACT OF 1990
Owner warrants the Vessel Owner or operator has submitted to the U.S. Coast
Guard a Vessel Response Plan (VRP) as required under the terms of Oil Pollution
Act of 1990 (33 U.S.C. ?2701 et seg.)(OPA '90), has received proper
authorization from the U.S. Coast Guard to operate under same, and a copy of
this authorization is onboard the Vessel. Owner further warrants that the
Vessel shall at all times during the term of the Charter Party have on board an
original Certificate of Financial Responsibility (or a legible copy certified
as accurate by a notary public or other person authorized to take oaths in the
United States) as required by the Oil Pollution Act of 1990, 33 USC ?2701 et.
al. and the Interim Final Regulations at 33 CFR Part 138 or any amended or
successor laws or regulations thereto. Owner further warrants the Vessel, its
owner and operator, shall at all times remain in full compliance with all
requirements of OPA '90 and any government regulations or guidelines issued
thereunder. The qualified individuals listed in the Vessel's VRP and their
contact numbers are:
1.
2.
INDEMNITY
In the event, Charterer provides on behalf of the Vessel a financial guaranty
in accordance with the Oil Pollution Act of 1990, 33 USC ?2701 et al. and the
Interim Final Regulations at 33 CFR Part 138 or any amendments or successor
laws or regulations thereto, Owner agrees to protect, indemnify, hold harmless
and defend the Charterer its subsidiaries and related companies, including but
not limited to any guarantor providing a financial guaranty pursuant to the
aforesaid law or regulations and the officers, directors and employees of
Charterer, its subsidiaries and related companies from and against any and all
losses, damages, demands, claims, suits, and other liabilities (including
attorney fees and other expenses of litigation)because of
bodily injury including death at any time resulting therefrom; and/or
damages to all property, including loss of use thereof and downtime; and/or
contamination of or adverse effects to the environment, damage to resources
including cost of cleanup and remediation, which occur either directly or indirectly, in connection
with this Charter or
any financial guaranty provided pursuant to the previously mentioned laws and
regulations. Owner's said agreement to protect, indemnify, hold harmless and
defend as set forth in the immediately preceding sentence shall not be negated
or reduced by virtue of Owner's insurance carrier's denial of insurance
coverage for the occurrence or event which is the subject matter of the claim
and/or refusal to defend Owner or Charterer. In addition, Owner will pay all
costs and expenses, including attorney fees and all other expenses of
litigation incurred by Charterer to enforce the foregoing agreement to protect,
indemnify, hold harmless, and defend Charterer.
If the Vessel is involved in any lightering operation(s) within areas defined
in U.S. Coast Guard Interim Final Rules, or any successor regulations, as
"Offshore area" and/or "Open ocean", Owner warrants the VRP contains the proper
adjustments for same, that a waiver for the average most probable discharge (AMP
D) has been issued by the U.S. Coast Guard and a copy of this document is
onboard the Vessel
This provision does not in any way relieve the Owner of any requirements for
any state in respect of Vessel Response Plans or other pollution requirements.
Any delay to the Vessel that results from the failure of the Owner and/or the
operator and/or the Vessel to comply with any applicable laws and regulations
shall not count as used laytime or as time on demurrage if the Vessel is on
demurrage. Any and all expenses will be for Owner's account.
FEDERAL MARITIME COMMISSION (FMC)
Owner warrants to have secured and carries aboard the Vessel a U.S. Federal
Maritime Commission Certificate of Financial Responsibility as required under
the U.S. Water Quality Improvement Act of 1970, as amended.
In no case shall Charterer be liable for demurrage as a result of Owner's
failure to obtain the aforementioned Certificate or any other certificate(s)
required by the Charter Party, including all amendments hereto.
OIL POLLUTION INSURANCE
Owner warrants to have in place minimum coverage for oil pollution in the
amount of U.S. $700 million with its P & I Club or other acceptable insurer and
that this coverage will remain in place throughout the period of this Charter
Party.
Owner will provide Charterer, within one (1) business day after the fixture is
concluded, with evidence from the Vessel's P&I Club or insurance broker of P&I
pollution coverage as described in the paragraph above.
CENTRIFUGAL PUMPS
Owner warrants the Vessel is equipped with centrifugal pumps for discharge of
cargo.
HOSE CONNECTING/DISCONNECTING
If requested by either Charterer or the terminal, the Vessel's crew will
connect/disconnect all hoses at Owner's expense. The Vessel will be allowed
forty five (45) minutes after completion of loading/discharging to
connect/disconnect hoses. Unless extended strictly for cargo purposes, laytime
or time on demurrage, will cease at the expiration of the above time.
BERTH TIME
The Vessel will complete discharge of the entire cargo within twenty-four (24)
hours or maintain a minimum discharge rate of 100 P.S.I. at the Vessel's rail
provided shore facilities permit. If the Vessel fails to complete discharging
within the time allowed or maintain the minimum rate, Charterer shall not be
responsible for any demurrage or additional expense caused by such failure.
Should the Vessel not maintain the discharge rate, Charterer shall have the
option of ordering the Vessel away from the dock and all time and expenses
incurred from the time of such order until the Vessel is again at the same
place shall be for the Owner's account.
The Vessel shall vacate the berth immediately after completion of discharge and
hoses have been disconnected, or within five hours following completion of
discharge, whichever first occurs.
SHIP TO SHIP TRANSFER
Owner warrants the Vessel is outfitted and capable of safely carrying out all
procedures as set out in the latest revised edition of the "International
Chamber of Shipping Oil Companies International Marine Forum Ship to Ship
Transfer Guide for Petroleum" ("Ship to Ship Transfer Guide"). Charterer shall
have the right to require the Vessel to load and/or discharge part or all of
her cargo either at a berth, at anchor or at sea while underway, or adrift
within the ranges of the Charter Party. It is intended that the Vessel will
proceed to a designated lightering area where the Vessel will load or discharge
with other vessels provided by the Charterer, and completion of the lightering
operation, and if the lightering area is for the purposes of loading the Vessel
will then proceed to final discharge port(s) or area(s).
If the Charterer elects to so order the lightering, Charterer shall provide all
adequate equipment to perform the lightering operation. Owners agree to allow
Charterer's supervisory personnel on board, including the Mooring Master, to
assist in the performance of the lightering operation.
For purposes of freight determination, the lightering area(s) shall not be
considered a separate port or berth unless the lightering area is the only port
of loading and/or discharge. Time shall commence six hours after N.O.R. or
when the Vessel is all fast, whichever first occurs, and shall end when all
lightering equipment has been removed from the Vessel if the Chartered Vessel
is the lightering Vessel or when hoses have been disconnected if the Chartered
Vessel is the mother Vessel.
Running time between area(s), port(s), anchorage(s), or berths shall never
count as used laytime or time on demurrage.
BUNKER SAMPLING
Owner shall permit Charterer to inspect and sample any or all bunker fuel tanks
at the loading or discharging port(s). All time and expense shall be for
Charterer's account.
CARGO RETENTION
In the event that more oil remains on board (ROB) upon completion of discharge
than was on board prior to loading, Charterer shall have the right to deduct
from freight due an amount equal to the FOB port of loading value of such
difference in volumes plus the cost of freight and insurance with respect
thereto, provided the volumes aforementioned are free flowing as determined by
independent surveyors. Any action or lack of action in accordance with this
provision shall be without prejudice to any rights or obligations of the
parties, except that the Owner (or disponent Owner) hereby relinquishes its
right to utilize a time bar defense against the Charterer when the Charterer
has made the freight deduction.
AGENTS
Charterer shall have the option of naming the Vessel's agents to be appointed
by the Owner at both the load and discharge port(s).
LAYTIME
Charterer shall have the benefit of six (6) hours free time after N.O.R. at all
ports even if laytime has expired. In addition, running time shall never count
as used laytime or time on demurrage.
DRUG AND ALCOHOL POLICY
Owner warrants that it has a policy on drugs and alcohol abuse applicable to
the Vessel which meets or exceeds the latest revision of the Standards in the
Oil Companies International Marine Forum Guidelines for Control of Drugs and
Alcohol Onboard Ship, (OCIMF). Owner further warrants that this policy will
remain in effect throughout the term of this Charter Party and the Owner shall
exercise due diligence to ensure compliance with the policy.
INERT GAS GAUGING
Owners warrant the Vessel is equipped with a properly working inert gas system
and that officers and crew are experienced in the operation of the system.
Owner further warrants the Vessel will arrive at the load port with cargo tanks
inerted and that the tanks will remain inerted throughout the voyage and
discharge. Any time lost due to improper operation of the inert gas system
shall be for Owner's account. Charterer shall have the right to request
depressurization under API guidelines of the tanks to allow measurements by
designated inspectors, provided local regulatory agencies allow. All time for
de-inerting/re-inerting shall be for Charterer's account.
BALLAST
Vessel shall arrive at the load port/area with clean ballast.
CRUDE OIL WASHING
In the absence of specific instructions to the contrary, Vessel will conduct
crude oil washing (C.O.W.) of cargo tanks at discharge port(s) simultaneously
with cargo discharge operations in accordance with ICS/OCIMF "Guidelines for
Tankwashing with Crude Oil". Any additional time consumed as a result of crude
oil washing up to a maximum of eight (8) hours shall constitute used laytime.
Owner agrees to comply with applicable port and terminal regulations and if
necessary to provide any advance information or technical data that may be
required by local authorities relative to C.O.W. operations. C.O.W. dates,
times, and pressures are to be recorded on the Vessel's pumping log.
If for any reason C.O.W. cannot be used, the Vessel shall immediately notify
the Charterer and provide an explanation. If Vessel fails to perform C.O.W.,
Charterer shall have the right to deduct cost, insurance, and freight for any
measurable cargo left on board deemed liquid and pumpable.
INTERNATIONAL MARITIME ORGANIZATION (IMO)
Owner warrants that the Vessel fully complies with the requirements of the Port
and Tanker Safety Act of 1978 (33 U.S.C. ??1221-1232 and 46 U.S.C. ?391 a) and
the Act to Prevent Pollution from Ships (33 U.S.C. ??1901-1911) and any
applicable regulations promulgated thereunder (hereinafter called "U.S.
Regulations"); the International Convention for the Prevention of Pollution
from Ships (MARPOL 1973) and the 1978 Protocol thereto as applicable; and the
International Convention for Safety of Lives at Sea (SOLAS 1974) and the 1978
Protocol thereto as applicable (the foregoing conventions and protocols
hereinafter in this clause called "IMO Regulations"). Owner warrants that the
Vessel carries on board certificates of compliance with U.S. Regulations and
IMO Regulations and any other records or documentation as may be required by
the U.S. Government authorities, Flag State authorities, or port and government
authorities for any port in load and discharge areas as described in Part I of
the Charter Party of which this clause forms a part.
Any delays, losses, expenses or damages arising as a result of failure to
comply with this clause shall be for Owner's account and Charterer shall not be
liable for any demurrage for delays caused by Vessel's failure to comply with
the foregoing U.S. Regulations and IMO Regulations.
COMMUNICATIONS
Vessel's Master shall comply with communication instructions as stated in
Charterer's voyage orders. Any delays incurred as result of Master's failure
to follow said instructions shall be for Owner's account.
INDEMNITY
In the event the Vessel arrives at the port of discharge but original Bill(s)
of Lading are not available for presentation, it is agreed the Vessel shall
discharge the cargo on board in accordance with the Charterer's voyage orders
without presentation of the original Bill(s) of Lading, based on the following
terms and conditions:
In consideration of Owner delivering the cargo in accordance with Charterer's
instructions, Charterer agrees to indemnify and hold the Vessel and Owner
harmless against all claims which may be made upon Owner under said Bill(s) of
Lading or any one of the set of which it forms a part, and against all loss,
cost, damages and expenses which the Owner may suffer or be put to by reason of
the delivery of the said cargo.
The foregoing indemnity is subject to Owner giving Charterer immediate notice
of any such claim, loss or liability and the sole right to defend the same with
full particulars and supporting papers (with any requested assignment of claim).
If the Vessel should be arrested or detained or if the arrest or detention
thereof should be threatened as a result of Charterer's failure to provide the
original Bill(s) of Lading, Charterer shall provide on demand such bail or
other security as may be required to prevent such arrest or detention or to
secure the release of the Vessel and to indemnify the Owner in respect of any
loss, damage or expenses caused by such arrest or detention whether or not the
same may be justified.
Charterer shall deliver to the Owner the original Bill(s) of Lading for the
cargo, duly endorsed, as soon as the document(s) shall be available, and if the
aforesaid delivery corresponds to the terms of the Bill(s) of Lading, this
indemnity shall be void. Charterer's liability under the foregoing indemnity
shall be limited to the price paid by Charterer for the cargo.
The Owner or its agents agree that no additional guarantee, indemnities or
endorsements shall be required of the Charterer. Any additional laytime or
time on demurrage shall not count if Vessel is delayed due to Owner's failure
to discharge to the Charterer without the original Bill(s) of Lading.
CHARTER PARTY AGREEMENT
The broker, or Charterer if no broker is involved, shall provide a telexed
recapitulation within twenty-four (24) hours, after finalizing of the terms and
conditions pertaining to this Charter Party, outlining the details of the
agreement between Owner and Charterer. Until the actual contract has been
signed and received by all parties, the broker's or Charterer's telex will
serve as written proof of the terms and conditions as agreed between Owner and
Charterer.
SPECIFICATIONS
In the event of a dispute between the Charterer and the Owner, the Owner will,
upon Charterer's request, furnish or make available for Charterer's inspection
the following specifications and/or documents:
Bill(s) of Lading and ship figures for the previous six (6) voyages.
Physical dimensions and plan of general arrangement of the vessel (with scale).
Calibration tables.
Vessel logs for three (3) months immediately prior to the termination of this
Charter Party.
IMPROVED CARGO DISCHARGE
Owner agrees to use best efforts to achieve a full and complete discharge of
cargo. At Charterer's option, Owner further agrees Charterer shall have the
right to send a representative to inspect the ship and monitor cargo
operations. The representative may provide advice to maximize cargo outturn.
Charterer's representative will not, under any circumstances, order or direct
the taking of any particular action by the Vessel or crew or interfere in any
way with the Master's exercise of this authority. Any delays accruing solely
as a result of employing techniques suggested by the representative that are
over and above regular discharge procedures shall count as used laytime, or if
the Vessel is on demurrage, as time on demurrage.
WEATHER
Any delays due to weather conditions and their effects at load or discharge
ports/areas shall count as one-half laytime or if on demurrage as one-half time
on demurrage.
FLORIDA STRAITS
When transiting the Florida Straits area from Key Biscayne south to the Dry
Tortugas, the Vessel shall maintain a minimum distance of ten (10) miles off
the outer navigational aids marking the reefs off the Florida coast. It is
understood and agreed that the fixture rate includes all compensation for the
track the Vessel has taken.
PRESENTATION OF CLAIMS
Owner agrees that in order for any expenses, including demurrage, incurred
under this Charter Party to be honored, they must be received in Charterer's
office with supporting documents within ninety (90) days from the date of
completion of discharge of cargo.
WORLDSCALE
Worldscale hours, terms and conditions except as may be otherwise provided
herein shall apply to this Charter Party.
LOAD-ON-TOP
Owner is to notify Charterer as soon as possible after fixing but no later than
twenty-four hours prior to Vessel's arrival at loading port of the quantity and
nature of the slops on board the Vessel. Slops are not to pumped ashore at the
load port without Charterer's approval. Load-on-top procedure shall be used
unless Charterer directs otherwise.
SPEED
Vessel will perform laden passage at about _______ kts, weather and safe
navigation permitting.
Charterer shall have the option to order the Vessel to increase speed to
_______ kts, weather and safe navigation permitting. If this option is
exercised, Charterer shall pay ______ Worldscale points over fixing rate.
If due to Charterer's orders, the Vessel proceeds on part of the loaded leg at
full steam and part at less than full steam (as described in a and b above),
the freight rates indicated above shall be prorated based on the percentage of
loaded leg miles traveled at full steam. Freight initially payable on
completion of discharge shall be at the rate applicable to the fixture (based
on slow speed) rate. The additional freight for the loaded leg miles travelled
at full steam rate is to be paid by Charterer upon receipt of Owner's invoice
indicating calculation of additional freight payable, supported by a copy of
the Vessel's deck log clearly indicating loaded leg miles traveled on each
speed basis, as well as dates and times during which the Vessel was proceeding
at full steam rate and slow steam rate.
If Charterer's have exercised the full steaming option, any time in which
weather and/or matters of safety prohibit the Vessel from maintaining the full
steam speed, that period shall not be considered in the additional freight
calculations.
UNITED KINGDOM ROUTING
Owner warrants that the Vessel will comply with the interim voluntary code for
routing in UK waters for ships carrying oil or other hazardous substances in
bulk as published by the United Kingdom Chamber of Shipping.
CHARTERER'S RIGHTS
Owner or Operator represents and warrants that the Vessel complies with, or
shall comply with, all rules, regulations and requirements of the Load Port(s)
and complies with, or shall comply with, all rules, regulations and
requirements of any U.S. Gulf Discharge Port. In the event the Vessel fails
to meet any rules, regulations or other requirements of the Discharge or Load
Port(s) and is rejected by said port, Owner shall immediately endeavor to
correct any deficiencies and shall immediately advise Charterer of same. In
the event the Vessel is unable to comply with any rules, regulations or
requirements of the Load Port or Discharge Port or is otherwise rejected by
said port for reasons other than the fault of the Charterer, Owner shall bear
all expense and loss associated with any such rejection and shall indemnify and
hold harmless, Charterer for any expenses or losses incurred as a result of
such rejection by Charterer, including any cost or expenses associated with
lightering the Vessel as a result of any rejection by the Discharge Port.
INCORPORATION BY REFERENCE/CONFLICTS
These Special Clauses are incorporated into and made a part of STB VOY Tanker
Voyage Charter Party, both of which with any special terms and conditions shall
constitute the Charter Party. To the extent there is any conflict between
these Special Clauses and the STB VOY Tanker Voyage Charter Party, these
Special Clauses shall prevail.
P & I REVISED 1987 TOVALOP CLAUSE
Owner warrants the vessel is a participating tanker in TOVALOP and will so
remain during the duration of this charter. However nothing herein shall
prevent the Owner, upon prior notice to Charterer, from withdrawing from
TOVALOP under clauses III (B) or X thereof. In addition, upon any withdrawal
under clause III (b) or under the clause X, Charterer shall have the option to
cancel this charter.
When an escape or discharge of oil occurs from the vessel and causes or
threatens to cause pollution damage, or when there is the threat of an escape
or discharge of oil (i.e., a grave and imminent danger of the escape of
discharge oil which, if it occurred, would create a serious danger of pollution
damage), then the Charterer may, at their option, upon notice to the Owner or
the Master, undertake such measures as are reasonably necessary to prevent or
minimize such damage or remove the threat. Each party shall keep the other
advised of the nature and result of any such measures taken, and if time
permits, the nature of the measures intended to be taken by them. Any of the
aforementioned measures taken by the Charterer shall be deemed taken on Owner's
authority and as Owner's agent and shall be at the Owner's expense except to
the extent that:
(1) Any such escape or discharge or threat was causes or contributed to
by Charterer, or
(2) By reason of the exceptions set out in Article III, paragraph 2, of the
1969 International Convention on Civil Liability for Oil Pollution
Damage, Owners are or, had the said
convention applied to such escape or discharge or to the threat, would have
been exempt from liability for the same, or
(3) The cost of such measures together with all other liabilities, costs and
expenses of Owner arising out of or in connection with such escape or discharge
or threat removal exceeds the maximum liability applicable to the vessel under
TOVALOP at the time of such escape or discharge or threat. Save and insofar as
Owner shall be entitled to recover such excess under either the 1971
International Convention on the establishment of an international fund for
compensation for oil pollution damage or under CRISTAL.
Provided always that if the Owner, in their absolute discretion, shall consider
said measures should be discontinued, the Owner shall so notify the Charterer
and thereafter the Charterer shall have no right to continue said measures
under the provisions of this clause and all further liability under this clause
shall thereupon cease.
The above provisions are not in derogation of such other rights as the
Charterer or Owner may have under the charter or may otherwise have or acquire
by law of any international convention or TOVALOP.
For the purpose of the clause, the meaning of the term "oil" and "pollution
damage" shall be as defined in TOVALOP and "ton" shall be understood in
relation to "tonnage" as defined in the term therein.
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