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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Nothing herein shall be construed as imposing on the Owners an obligation to make such substitution. The provision stated that the Charterers and the Owners had an option to cancel the Charter Party in case the Marine Surveyor did not give transportation approval. The Charterers warrant that the full description of the Cargo stated in Box 5 is correct and further warrant that the Cargo is in all respects tight, staunch, strong and in every way fit for the Transportation.
Not only will the applicable weight limitation amounts normally be higher, but the heavy lift operations themselves will involve the use of heavier and more sophisticated machinery, which represents an increased risk.
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If Box 0207 has not been filled in the Charterers and the Owners shall agree on the appointment of Marine Surveyor s acceptable to havycon cargo underwriters. The clause makes reference to, inter alia, acts of terrorism.
Both-to-Blame Collision Clause If the Vessel comes into collision with another vessel as a result of the negligence of the other vessel and any act, neglect or default of the Master, mariner, pilot or the servants of the Owners in the navigation or in the management of the Heaycon, the owners of the cargo carried hereunder will indemnify the Owners against all loss or liability to the other or non-carrying vessel or her Owners in so far as such loss or 0207 represents loss of, or damage to, or any claim whatsoever of the owners of the said cargo, paid or payable by the other or non-carrying vessel or her owners to the owners of said cargo and set-off, recouped or recovered by the other or non-carrying vessel or her owners as part of their claim against the carrying vessel or Owners.
The Clause provides the parties with optional methods of loading and discharging. Notes — Dangerous Cargo The Clause covers various contingencies if part of the Cargo is of a dangerous nature. Canal transit time is defined as from arrival at pilot station or customary waiting place or anchorage, whichever is the earlier, and until heavyco last outbound pilot when leaving for the open sea.
Explanatory notes to HEAVYCON 2007
If the Charterers fail within 48 running hours, Sundays and holidays included, to make such nomination hexvycon agree to reckon laytime as if the port named in the Charter Party were accessible or declare that they cancel the Charter Party, the Owners shall have the option of cancelling the Charter Party. Besides of bringing up to date the terms and conditions of HEAVYCCON to reflect current commercial practice, the task of the drafting team has been to decide the applicability of the form to current trade practices in the industry.
The Charterers shall arrange without cost to the Owners that the Owners shall be named as co-insured under the said policy or policies of insurance and the Charterers shall arrange that the underwriters waive the right of subrogation against the Heavycoh. If the Charterers fail to make such declaration within 48 running hours, Sundays and holidays included, of the Master or Owners having given notice to the Charterers, the Master may proceed without further notice to the nearest safe and accessible port and there discharge the cargo.
In many cases, the areas etc.
Demurrage claim under HEAVYCON 2007
The Charterers, on the other hand, are helped to re-arrange their loading schedules if the Owners heavycoon them according to the interpellation provision.
BIMCO Notices Clause a All notices given by either party or their agents to the other party or their agents in accordance with the provisions of this Charter Party shall be in writing. Nothing herein shall be construed as imposing on the Owners an obligation to make such substitution.
Either party may advise the Tribunal that they have agreed to mediation. 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 Notes — Himalaya Cargo Clause The Clause protects the servants and agents of the Owners including independent contractors participating in the performance of the Transportation and is not limited to stevedores.
If the Charterers fail within 48 running hours, Sundays and holidays included, to make such nomination or agree to reckon laytime as if the port named in the Charter Party were accessible or declare that they cancel the Charter Party, the Owners shall have the option of cancelling the Charter Party.
The Owners hereby agree to produce the original certificate s of insurance maintained hereunder to the Charterers or their appointed representatives when requested to do so.
On the return journey, the vessel did not have to take any detour since the intermediate Indian port was directly in the line of the return route and there would be no quantum meruit for the voyage, but there would be for the time spent at that port. However, in the very rare cases where Cargo may be shipped under deck, both Sub-clauses contain suitable provisions takes into account such cases.
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. Brokerage and to whom payable Cl.
Voyage a It is agreed between the Owners and the Charterers that, subject to the terms and conditions of this Charter Party, the Cargo shall be transported by the Vessel from the Loading Port, or so near thereto as she may safely get and lie always safe and afloat, to the Discharging Port, or so near thereto as she may safely get and lie always safe and afloat.
The reactor, valued at around USD 8 million, suffered external damage. Since there is a need for a provision dealing with delays caused by the Owners, Clause 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 heayvcon or not, unless loading heavjcon 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.
In general, the parties shall assist each other in this respect which is now clarified in the Clause. For the above reasons, the HEAVYCON is an acceptable contract which, provided it is unamended, fulfils the requirements of Rule 60 2 and has consequently been pre-approved by Gard for heavy lift operations.
Any comments to this article can be e-mailed to the Gard News Editor. In the midsized sector, e. Freight a The heavycob stipulated in Box 16 shall be paid in instalments in accordance with Box Notes — Entire Agreement This is a normal provision in English Law contracts to avoid disputes arising as to whether any other terms for instance hevaycon accompanying correspondence, or verbal discussions form part of the Contract.
Only when the parties have not agreed the length of notices, the default notices in Clause 9 applies.