Bargehire Terms: means the Bargehire Standard Barge Charter Party terms and Towcon Terms: means the Towcon International Ocean Towage. Page CHAPTER 6 Standard form contracts: (iv) the bimco “bargehire ” form Part A. The genesis of the “Bargehire” form The publication by BIMCO. The BIMCO BARGEHIRE 94 Standard Barge Bareboat Charter Party, as reproduced at the end of this article, is the final result of the work of the sub- committee.
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Law of Tug and Tow and Offshore Contracts
Against this background, BIMCO was, some time ago, approached by trade interests specialised in the offshore business expressing considerable interest in the formulation of a special standard bareboat charter for use in connection with vargehire of non self-propelled barges for marine related construction operations for both offshore and civil work.
The number of days’ notice to be stated in Box 18 is then ” days”, and the delivery period also to be stated in this box is “60 days”. It should be noted that the assessment of compensation for claims for late or non-delivery is to be made without regard to any other claims the Charterers may have under the Charter Party.
The Charterers may then declare that the new delivery barehire is 1 April, to 30 April, English case law indicates that if the Owners attempt to assign and transfer their obligations without the Charterers’ consent, the Owners will usually be considered in repudiatory breach of contract. Your email address We will only use your email to respond to your message.
Dangerous Goods Declaration 1. On barvehire basis of Clause 7 it should thus be fairly simple to assess the amount of damages to which the Charterers shall be entitled on the grounds of late delivery or non-delivery. In order to minimise the risk of disputes it has been clearly stressed in which 0208 the Charterers must redeliver the barge.
Latest market analysis For all the latest market analysis on global shipping including macro economics, tanker, container and dry bulk. Notwithstanding the observations made under sub-clause 16 iit has been felt useful to also cover the possibility, which may arise from time to time, in particular bargeihre long-term barge bareboat charter parties, that the Charterers are responsible for arranging and paying insurance against marine, yar, and protection and indemnity risks.
Sub-clause 16 ii It should be stressed that sub-clause 16 ii is optional and is only to apply if expressly agreed and stated in Box 29, in the event of which sub-clause l6 i shall be considered deleted.
Considering that the Charterers are the ones who are in control of the barge and its trading pattern it has been felt that it should be the Charterers’ obligation to comply with all requirements and to establish and provide evidence of financial security or responsibility in respect of oil or other pollution damage as is or may be required by international or national legislation.
The port or place of delivery agreed shall be stated in Box It was envisaged that the provisions of such a charter could largely be based on the terms and conditions of the BARECON 89 Standard Bareboat Charter but suitably adapted to meet the special requirements of barge chartering. Even though it is the Charterers who take out the insurance if Clause 16 ii applies, there may be situations where the Owners have a legitimate interest in being informed about the employment of the barge.
To view this document click. In addition to the European controlled non self-propelled flat top barge fleet, comprising approximately 75 units of feet X 90 feet or larger, there are barges trading in the US Gulf, South America, and the Middle and Far East areas. In particular, in case of short-term charters it has not been felt appropriate that renewal of class should always fall upon the Charterers. Unfortunately, we were unable to register your subscription to this notification at this time.
Clause 12 – Inspection This Clause gives the Owners a right to inspect or survey the barge throughout the charter period, and it also provides for an equitable allocation of costs in connection herewith.
Clause 11 – Inventories and Consumable Oil and Stores This Clause provides for the drawing up of inventories and the taking over of consumable oil and stores at delivery and redelivery. This latter approach has been chosen in order to avoid possible dispute as to the current market rate.
CHAPTER 6 Standard form contracts: (iv) the bimco “bargehire ” form
Pursuant to this Clause the Owners undertake to deliver the barge described in Boxes 5 to 12 of Part I. Contact Singapore Office on: Therefore, and contrary to what is normally found in BIMCO standard documents, this Clause limits the Owners’ liability in the event they do not deliver the barge as agreed.
If, in the next line of the notification schedule, “90 days” and “15 days” have been specified, the Charterers shall, 90 days prior to 1 April,narrow down the delivery period to 15 days, for instance 15 April to 30 April, Clause 5 – Substitution It has been found useful to include a substitution provision giving the Owners a right to substitute the barge described in Part I with an equivalent barge suitable for the purpose of the charter in question.
This Clause, which is self-explanatory, is an optional clause and therefore only applicable if Box 28 is filled in. According to this Clause, the Charterers undertake not to employ brgehire barge under terms which are not in conformity with the terms of insurance without first having obtained the consent to such employment from the insurers. Reference is made to the observations made under Clause 20 Redelivery regarding late redelivery by the Charterers.
Clause 23 – Lien This is the usual lien clause granting the Owners and the Charterers a lien for their respective claims against each other.
Maritime Files – Standard Barge charter party BARGEHIRE
On the one hand, it would not be reasonable to place such burdens on the Owners without providing for renegotiation of the hire. Thus, bargeehire paragraph provides that late redelivery shall entitle the Owners to the agreed charter rate or to the market rate for the period in question, whichever is the higher, increased by the lump sum penalty to be stated in Box 20 also applicable at late delivery.
Regarding sub-clause 16 i kit has been considered reasonable that when this applies, bargehite Owners shall also keep the barge with unexpired classification in force during the entire charter period reference is made to the comments made under Clause 13 sub-clause a.
Bearing this in mind there should, in principle, be no doubt that the barge Charterers are responsible for damage suffered by third parties caused by the barge, damage to or by the cargo, and any liabilities arising out of the barge becoming a wreck or obstruction to navigation.
Sub-clause 16 i In the bareboat chartering of barges, and contrary to what is usually the case as regards bareboat chartering of vessels, it is practice that the Owners arrange and keep the barge insured for marine, war, and protection and indemnity risks. All items to be agreed for the particular charter and to be filled in by typewriter have been arranged in boxes in Part I.
Similarily, subclauses 16 ii g bargehird 16 ii i duly reflect the contents of sub-clause 16 i. The provision should be seen against the background that, under a barge bareboat charter, the Owners have no influence on, nor are they responsible for, the management and the operation of the barge.