12 Tramp Chartering Practices
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Chartering Terms by Kevin Stephens
Chartering Terms By Kevin Stephens www.wwproject.net A B C D E F G H I J K L M N O P Q R S T U V W X Y Z ABBREVIATION MEANING AA Always Afloat AAAA Always Accessible Always Afloat AAOSA Always Afloat or Safe Aground. Condition for a vessel whilst in port AARA Amsterdam-Antwerp-Rotterdam Area ABAFT Toward the rear (stern) of the ship. Behind. ABOARD On or within the ship ABOVE DECK On the deck (not over it – see ALOFT) ABSORPTION Acceptance by the carrier of a portion of a joint rate or charge which is less than the amount which it would receive for the service in the absence of such joint rate or charge. ABT About ACCEPTANCE OF GOODS The process of receiving a consignment from a consignor, usually against the issue of a receipt. As from this moment and on this place the carrier’s responsibility for the consignment begins. ACKNOWLEDGEMENT OF RECEIPT A notification relating to the receipt of e.g. goods, messages and documents. Active Inventory covers raw material, work in progress, finished products that will be used or sold within a given period without extra cost or loss. This term does not cover the so-called reserve inventory. ACTUAL DEMAND Customers’ orders and often also the allocation of items, ingredients and/or raw materials to production or distribution. ACTUAL VOYAGE NUMBER A code for identification purposes of the voyage and vessel which actually transports the container/cargo. ADCOM Address Commission ADDED VALUE The value attributed to products, and services as the result of a particular process (e.g. -
Examiner's Report November 2020
EXAMINER’S REPORT NOVEMBER 2020 SHIPPING BUSINESS Question 1 Answer BOTH parts of the Question You are a shipowner of a ship about to go on voyage chartered and the charterers are asking you to appoint their nominated agent. a) Discuss what your concerns, how can you protect your interests b) what are the advantages of appointing their recommended agent Factors to consider Is the agent financially secure ; Are they able to look after your husbandry matters; Will they favour the charterer over you their principal; Will they charge a fair and reasonable agency fee? A protecting agent can be appointed to ensure that your interests are protected. A protecting agent will be able to look after your usual agency requirements and examine the proposed disbursement account for accuracy and competitiveness with regards to agency fee. In some countries the protecting agent can be nominated as the port agent and be responsible for the port account. If this is the case, then they only need to pay the charterers nominated agents the agreed agency fee Investigate the financial standing of the agency. The nominated agent will be an expert at handling this particular cargo and so will ensure the vessel comes onto the correct berth, the cargo is ready for loading or discharging , the port and stevedores are all fully aware of the requirements and so there is a good chance that your ship will finish early and earn despatch or at least avoid demurrage It will also foster good relations with the charter and encourage them to look to fix more vessels with you. -
Frequently Overlooked Risk Management Issues in Contracts of Affreightment and Sale Contracts
Frequently overlooked risk management issues in contracts of affreightment and sale contracts 2021 AMPLA Queensland Conference Chris Keane MinterEllison 18 June 2021 The focus of today’s presentation - risk associated with two contracts used to facilitate the export of Australian commodities: . the sale contract / offtake agreement / supply agreement (sale contract) . the contract of affreightment / voyage charterparty / bill of lading (sea carriage contract) Specific focus is on risk and risk mitigation options that are frequently overlooked (both at the time of contract formation and also when disputes arise) 2 Risk arising out of seemingly straightforward issues . Duration of the sale contract - overarching issue that impacts on many other considerations; legal and commercial considerations will overlap . Port(s) of loading and port(s) of discharge - relevant considerations include: access to certain berths; special arrangements regarding loading and unloading; port congestion and other factors likely to cause delay; and the desirability of not requiring a CIF buyer to nominate a specific port of unloading (e.g. “one safe port and one safe berth at any main port(s) in China…”) . Selection of vessel - risk will depend on which party to the sale contract is responsible for arranging the vessel; CIF sellers need to guard against the risk of selecting an unsuitable vessel; FOB sellers need to ensure they have a right to reject an unsuitable vessel nominated by the buyer 3 Risk arising out of seemingly straightforward issues . Selection of contractual carrier - needs to be considered as an issue separate from the selection of the vessel; what do you know (and not know) about the carrier?; note the difficulties the contractual carrier caused for both the seller and buyer in relation to the ‘Maryam’ at Port Kembla earlier this year; proper due diligence is critical; consider (among other things) compliance with anti-slavery, anti-bribery and sanctions laws and issues concerning care of seafarers, safety and environment . -
Spot LNG Charter Market Is Unexpected
Tuesday March 31, 2020 Daily Briefing Leading maritime commerce since 1734 LEAD STORY: Saudis join floating storage surge Saudis join floating storage as oil surplus strains land-based capacity surge as oil surplus strains WHAT TO WATCH: land-based capacity Coronavirus: More cargo ship seafarers test positive Lockdown brings Indian subcontinent ship scrapping to a halt Capital dispute with AISSOT traced to sanctions fear Coronavirus: Singapore allows crew changes under special circumstances OPINION: Lifting Trump’s tariffs on China could boost the medical supply chain ANALYSIS: Coronavirus: No let-up in boxship blank sailings Coronavirus: Støhle says ‘buoyant’ SAUDI ARABIAN OIL trader Aramco Trading Co has reportedly spot LNG charter market is chartered three very large crude carriers for floating storage, joining unexpected companies including Shell, Vitol and Trafigura that have hired tankers MARKETS: to profit from an oversupply of crude and refined products amid China Merchants orders four plunging prices. multipurpose ships and sells three small tankers The Kingdom’s storage play suggests that ATC is running out of land- China Merchants Port warns on based capacity as the coronavirus lockdown slashes oil demand by 20% weakening economic outlook over March and April. ATC leases or owns land-based storage tanks off Fujairah, Yanbu, Ain Sukhna and Malaysia, according to its annual Coronavirus: Trucker shortage report. delaying cargo at Indian ports IN OTHER NEWS: One of the three ATC-chartered VLCCs was listed as Cosgrand Lake, Coronavirus: Call for seafarers to be owned by Chinese shipowner Cosco, according to shipbroker reports. regarded as ‘key personnel’ Asahi to build first battery-powered The other two were also said to be Cosco-owned tonnage. -
Volume Contracts of Affreightment – Some Features and Principles
Volume Contracts of Affreightment – Some Features and Principles Lars Gorton 1 Introduction ………………………………………………………………….…. 62 1.1 General Background ……………………………………………………… 62 1.2 Some Contractual Points …………..……………………………………... 62 1.3 Frame Agreements ………………………………………………………... 64 1.4 Some General Points Related to Distributorship Agreements and Volume Contracts ………………………………………. 66 1.5 Some Further Overriding Points ……………………………………….…. 67 2 Contract Forms ………………………………………………………………… 68 3 Law, Contract and Terminology ……………………………………………… 69 4 The SMC Rules on Volume Contracts ……………………………………..…. 70 5 Characteristics of COA’s ……………………………………………………… 71 6 The Generic Nature of the COA ………………………………………………. 72 7 Some of the Parameters of the COA ………………………...……………….. 76 7.1 The Ships Involved Under the Volume Contract ………………………… 76 7.2 Time Elements in Connection with COA’s ………………………………. 76 7.3 Cargo and Cargo Quantity and Planning of Voyages ………………….… 77 8 Breach and Consequences of Breach …………………………………………. 78 8.1 Generally, Best Efforts and Cooperation …………………………………. 78 8.2 Consequences of the Owners’s Breach …………………………………... 78 8.3 Consequences of the Charterer’s Breach …………………………………. 78 9 Some Comparisons with Distributorship Agreements in English Law ….…. 78 10 Some COA Cases Involving “Evenly spread” ……………………………….. 82 10.1 “Evenly spread” …………………………………………………………... 82 10.2 Mitigation of Damages …………………………………………………… 85 11 Freight, Demurrage and Similar ……………………………………………… 88 11.1 General Points ………..…………………………………………………... 88 11.2 Freight Level …………………………………………………………….. -
NEWCASTLE UNIVERSITY Thesis Submitted Towards Phd in History
NEWCASTLE UNIVERSITY Thesis submitted towards PhD in History An examination of the decline of shipbuilding on the North-East Coast of England and the West of Scotland during the interwar period, 1920–1939 W. Paxton October 2017 i CONTENTS Page Copyright, declaration, and dedication .................................................................................. v Abstract ................................................................................................................................. vi Acknowledgements .............................................................................................................. vii List of Diagrams ................................................................................................................. viii List of Tables ......................................................................................................................... x List of Maps ....................................................................................................................... xiii List of Photographs ............................................................................................................. xiii List of Illustrations .............................................................................................................. xiv Appendices ........................................................................................................................... xv Abbreviations ..................................................................................................................... -
Table of Clauses
Table of Clauses Preamble VESSEL Clause 1. Vessel LAYDAYS DATE / CANCELLING DATE, etc. Clause 2. Laydays Date etc. Clause 3. Cancelling Date LOADING Clause 4. Advance Notices Clause 5. Notice of Readiness to Load and Counting of Laytime Clause 6. Cleanliness of Vessel Clause 7. Utilization of Holds and Hatches Clause 8. Loading Methods and Costs Clause 9. Rate of Loading Clause 10. Risk, Liability and Expense of Loading and Trimming DISCHARGING Clause 11. Advance Notices Clause 12. Notice of Readiness to Discharge and Counting of Laytime Clause 13. Rate of Discharging Clause 14. Discharging Methods and Costs Clause 15. Cleaning after Discharging LOADING and DISCHARGING Clause 16. Demurrage and Despatch Money Clause 17. Warping Clause 18. Vacating Berth Clause 19. Draft Survey Clause 20. Opening and Closing of Hatches Clause 21. Ballasting, etc. Clause 22. Handling of Equipment on Board Clause 23. Stevedore Damage Clause 24. Owners’ Liability for Damage GENERAL Clause 25. Freight Payment Clause 26. Dues, Taxes and Charges Clause 27. Bill of Lading Clause 28. Lien Clause 29. Liberty Clause 30. Oil Pollution Charter Party Clause (Non Tankers) Clause 31. BIMCO AMS Clause for Voyage Charter Parties Clause 32. Protective Clauses (a) BIMCO General Clause Paramount (b) Both-to-Blame Collision Clause (c) General Average and New Jason Clause (d) War Risks (VOYWAR 2004) Clause 33. Force Majeure Clause 34. BIMCO Strike Clause Clause 35. BIMCO General Ice Clause for Voyage Charter Parties Clause 36. Agency Clause 37. BIMCO ISPS/MTSA Clause for Voyage Charter Parties 2005 Clause 38. Brokerage Clause 39. BIMCO Dispute Resolution Clause Clause 40. -
Cross-Border Insolvency and Shipping – a Practical Guide1
Cross-border insolvency and shipping – a practical guide1 Julie Soars,2 7 Wentworth Selborne Chambers Sydney3 A criticism has been made of the terms of the Model Law by reason of its failure to recognise and take appropriate account of international maritime law and the operation in Australian jurisdictions of the Admiralty Act. I do not propose to take up those matters in the present Judgment, but those criticisms draw attention to the fact that, for centuries, international maritime law developed its own security regimes for reasons which remain generally observed around the world, including in Australia.4 Admiralty law is only an arcane or obscure branch of the law to those whose legal thinking is informed exclusively by land-based human activity…”5 (in the context of the “international feud” between admiralty and bankruptcy) Two households, both alike in dignity…6 Contents Cross-border insolvency and shipping – a practical guide ............................................. 1 Introduction ........................................................................................................................................................................ 2 Introduction to the UNCITRAL Model Law on Cross-Border Insolvency in Australia ................. 6 The important provisions of the Model Law ...................................................................................................... 9 Interpretation of the Model Law .......................................................................................................................... -
Prepared by Mrs.M.Janani Department of Commerce
Prepared by Mrs.M.Janani Department of Commerce (International Business) Government Arts College, Coimbatore – 18. Reference: Logistics Management and World Seaborne Trade Author: Krishnaveni Muthiah Freight rates – Principles Liner Freight structure Tramp Freight structure Freight rates should cover the costs incurred in the general operation of the transport company and those particular costs which are incurred in connection with a particular consignment, like certain special handling charges. Freight rates for any mode of transport are based on the following principles: 1. Actual Costs: Freight should cover the actual cost of transportation. The actual cost depends on the following factors: a) Fixed Cost: ◦ Freight should cover interest on capital, depreciation, registration, maintenance charges, administrative overheads, expenditure of other fixed facilities, insurance expenses and the like. ◦ Many Transport companies depending on their decision on how much to spend on each of the above stated expenditure items can bring a difference in the actual costs incurred them in comparison to the actual costs incurred by the competitor transport company. b) Semi-fixed Cost: ◦ Freight should cover the salary of the crew employed on the vessel vehicle and other miscellaneous maintenance expenses, which vary partially with the running of the vehicle. ◦ Many a times, shipping companies by employing staff who command lesser salary try to have a competitive edge over other transport corporations. c) Variable Cost: These are cost of fuel, lubricating oil and accessories which are incurred when the vehicle is on the move and the cost of repairs and maintenance directly attributable to a particular journey. For example, Tramp chartering rates will be fixed taking into account the unique variable cost to be incurred for each contract. -
Bill of Lading—Pivotal to the International Sale Transaction
Mohammad Abdur Razzak: “Bill of Lading: A Pivotal Document in International Sale Transactions” published by Bangladesh Bar Council in its law journal titled “Bangladesh Legal Decision” (BLD) in November Volume, 2005, Pp 29-44. 1 BILL OF LADING: A PIVOTAL DOCUMENT IN INTERNATIONAL SALE TRANSACTIONS Mohammad Abdur Razzak LL.B & LL.M: University of Dhaka; LL.M: Nottingham University, UK Advocate Supreme Court of Bangladesh (High Court Division) 1. Introduction:1 “Sale of goods” is a common phenomenon in modem world. This transaction may take place among the merchants trading within the territory of a country. The contract of sale of goods may also be concluded between two or more persons carrying on their trade in different countries governed by different legal systems which involves cross border movement of goods. In sale transactions of the latter kind, which is called “contract of international sale of goods”,2 a question invariably posed as to how the seller will accomplish his obligation to deliver the stipulated goods to the buyer beyond his country. Usually, the parties at the very outset settle whether the goods will move by water ways, air ways or by road or by a combination thereof. The water ways being less costly and widely spread out reaching the remote corners of the earth majority of the sale transactions are effected over water ways by sea going vessels. At this stage, the parties to a sale transaction get involved in contract of afreightment in order to obtain the service of a sea going vessel for onward transmission of the goods.3 The contract of afreightment may either be in the form of charterparty4 or in the form of bill of lading. -
Documents of the Shipping Transport: Historical Origins, Legal Validity & Commercial Practice
Journal of Shipping and Ocean Engineering 10 (2020) 47-56 Doi: 10.17265/2159-5879/2020.02.005 D DAVID PUBLISHING Documents of the Shipping Transport: Historical Origins, Legal Validity & Commercial Practice Ioannis Voudouris, and Evi Plomaritou Frederick University, Cyprus Abstract: The bill of lading and charterparty are vital for international trade and transport. To signify their enduring importance, this paper firstly seeks to illuminate the earliest historical evidence relating to the bill of lading and charterparty, and secondly, discuss their current legal and commercial nature and functions as well as their relationship with other transport documents such as the booking note, cargo manifest, mate’s receipt, and delivery order. In this context, the paper examines the lifecycle of transport as regards the documents used in the bulk and liner markets. Key words: Bill of lading, charterparty, sea waybill, booking note, delivery order, Mate’s receipt, Cargo manifest. 1. Introduction upon their shipment on board the ship (shipped bill of lading). The most important documents governing the commercial and legal relationships between the parties 2. Historical Origins of the Bill of Lading, in international sea transport are the bill of lading and Charterparty, Sea Waybill and Other the charterparty. Among other things, these Transport Documents documents define the obligations as well as the The (non-negotiable) sea waybill and the respective costs and earnings of the contracting parties, (negotiable) bill of lading are nowadays the primarily the shipowner or carrier and the charterer or best-known ocean transport documents that are still in shipper. In addition, other documents, such as booking use. -
Sample Copy 12
1. Shipbroker 2. Place and Date 3. Owners 4. Charterers 5. Vessel’s name/type 6. Cargo carrying capacity (about in mtons) / 7. Cubic capacity 8. Owners´ P&I Club 9. Built – Class – Flag – GT – NT (grain/bale) / 10. Present position 11. ETA Loadport Sample copy 12. Laytime not to commence before 13. Cancelling date 14. Sailing telex/telegram to sent to: when the vessel leaves her last port before loading 15. Loading Port(s) 16. Discharging Port(s) 17. Cargo description – Quantity in mtons 18. Freight rate 19. Freight payment (prepaid/payable on right and true per delivery) mton 20. Laytime for loading and discharging. Fill in a) and b) or for total laytime loading and discharging c) a) Laytime for loading non reversible b) Laytime for discharging non reversible c) Total laytime for loading and 21. Demurrage/despatch rate discharging reversible 22. Brokerage % of the amount of freight and deadfreight shall be paid by the Owners to: 23. Agents at loading port(s) 24. Agents at discharging port(s) Copyright © 2006 Yara. Recommended by BIMCO. All rights reserved. This BIMCO SmartCon document may not be copied, duplicated, reproduced or distributed without the permission of the copyright owners. Originally issued as HYDROCHARTER 1st of January 1923. Amended July 1997. Re-issued as YARACHARTER January 2006. 25. Special Provisions It is mutually agreed that this Contract shall be performed subject to the conditions contained in this Charter Party which shall include Part I as well as Part II. In the event of a conflict of conditions, the provisions of Part I shall prevail over those of Part II to the extent of such conflict.