MVYUEHENG散杂船合同.doc

FIXTURE NOTEIT IS THIS DAY MUTURALLY AGREEN N CONFIRMED BY N BETWEEN THE FOLLOWING UNSIGNED PARTIES ON THE FLWG TERMS N CONDITIONS.=MV.船舶规范=1. 6,000MT GREEN PETROLEUM COKE IN BULK 10 PCT MOLCO (S/F 1.40 WOG)货量和溢短装条款会根据价格不同而不同，具体情况请与Henry Jiang联系2. L/PORT: 1SB 1SP MAILIAO, TAIWAN3. D/PORT: 1SB 1SP GUANGZHOU, CHINA11月16日会拟定4. LAYCAN: DEC 1-5, 2023目前2船货分别为Dec1-5, Dec6-10 OWNER SHALL NARROW DOWN TO 3-DAY DELIVERY RANGE 7 DAYS PRIOR TO THE FIRST DAY OF 7-DAY DELIVERY RANGE5. LOAD/DISCH RATE: CQD6. IF CGO AND/OR CGO DOCUMENTS ARE NOT READY ON VSLS ARRIVAL BOTH ENDS, CHTRS TO PAY OWRS USD/PD OR PRO-RATA7. FREIGHT RATE: USD PMT FIO. DUE TO LOADING CONVEYOR AT PORT IS FIXED TYPE (NOT ADJUSTABLE), VSL SHIFTING AND TRIMMING WORKS WILL BE NECESSARY DURING THE LOADING PROCESS. OWNER NEEDS TO HANDLE THESE WORKS BY HIMSELF AND ALL THE RELATED COSTS WILL BE AT OWNERS ACCOUN.8. FREIGHT PAYMENT: 100% FREIGHT TO BE PAID TO OWNERS NOMINATED BANK A/C WITHIN THREE (3) BANKING DAYS AFTER COMPLETION OF LOADING, S/R B/L BUT ALWAYS BEFORE BREAKING BULK, BS/L MARKED FREIGHT PAYABLE AS PER C/P. FULL FREIGHT IS DEEMED EARNED ON CARGO LOADED DISCOUNTLESS.9. DUNNAGE/SEPERATIONS, IF ANY, TO BE FOR CHARTERERS A/C AT BOTH ENDS.10. OAP, IF ANY, TO BE FOR CHARTERERS ACCOUNT AND NO CONTRIBUTION FROM OWNERS.11. LIGHTERAGE/LIGHTENING IF ANY TO BE FOR CHTRS ACCT AT BENDS.12. SHORE CRANES, IF ANY, TO BE FOR CHARTERERS A/C. OWNERS GUARANTEE THAT VESSELS GEARS SHOULD BE AS PER DESCRIPTION. IN CASE VESSELS GEARS BREAK DOWN, LAYTIME SHALL NOT TO COUNT.13. CHARTERS AGENTS AT LADING PORT WITH REASONABLE P/CHAG, AND OWNERS AGENT AT DISHNG PORT.LOADING PORT:ADDRESS:DISCHARGING PORT:卸港拟定后Henry Jiang 会提供卸港船代14. VESSEL SHOULD HAVE CERTICATE OF ISM CODE, OTHERWISE ANY DAMMAGE LOSSES, EXPENSES OR DELAYS OCCURING BY UNSECURITY TO COMPLY WITH ISM CODE REGULATIONS TB BORNED BY SHIP OWNERS.15. TAXES, DUES, CHARGES ON CARGO/OCEAN FREIGHT AND VESSEL TO BE FOR CHARTERERS/OWNERS ACCOUNT.16. NOR TO BE TENDERED AS PER GENCON C/P 1994.17. LAYTIME SHALL APPLY CQD CLAUSE.18. CARGO TO BE RELEASED AGAINST ORIGINAL BS/L OR CHTRS/RECEIVERS LOI WITH BANKS ENDORESEMENT IN OWNERS P&I FORMAT AT DISPORT.19. OWNERS/MASTER TO GIVE AGENTS VESSELS ETA NOTICE 7/5/4/3/2/1 DAY(S) BEFORE VESSELS ARRIVAL AT L/D PORT.20. G/A, ARBITRATION IF ANY TO BE SETTLED IN HONG KONG WITH ENGLISH LAW TO APPLY.21. OTHERS ASPER GENCON C/P 1994.22. THE SHIPS HOLD SHOULD DRY AND CLEAN BEFORE VSL ARRIVAL LOADING PORT.IF THE HOLDS INSPECTION NOT PASSING, RE-CLEAN AND DRY TIME/EXPENSE LOST TO BE FOR OWRS ACCT AND NOT COUNT AS LAYTIME.23. OWNER SHOULD APPLY APPENDIX(A).24. PCT TTL INCL ADD.25. THIS FIXTURE NOTE IS SIGNED BY BOTH PARTIES AND VALIDATED IN FORM OF FACSIMILE. THE FIXTURE NOTE IMPLEMENT FROM THE DATE OF SIGNATURE TO EXECUTION FINISHED.END FOR AND ON BEHALF OF CHARTER FOR AND ON BEHALF OF OWNERAPPENDIX (A)1. ELIGBILITY CLAUSEOwner warrants that the vessel shall, during the period covered by this Charter, be in full compliance with ISM Code if essential and/or all applicable international conventions, all applicable laws, regulations and/or other requirements of the country of the vessels registry and of the countries and/or states of the port(s) and/or place(s) to which the vessel may be ordered hereunder.Owner further warrants that the vessel shall have on board, during the subject period, all certificates, records or other documents required by aforesaid conventions, laws, regulations and/or requirements.If any of the warranties stipulated in this clause are breached, any delay resulting therefrom shall not count as laytime or if the vessel is on demurrage, as time on demurrage and any expense attributable to such delay shall be for Owners account.2. QUESTIONNAIRE CLAUSEIt is an express condition precedent to the Charter that (1) The questionnaire 88 shall have been fully completed by the Owner or its authorized representative, and (2) that Owners responses to the questionnaire shall be subject to acceptance by the Charterer in its sole discretion. Owner represents and warrants to Charterer the completeness and accuracy of all information and responses to the questionnaire, which representation and warranty shall be deemed reaffirmed when the vessel tenders Notice of Readiness at the load port. Charterers acceptance of responses to the questionnaire shall not be deemed to be a waiver of any rights which Charterer may have. The completed questionnaire shall be deemed attached to and fully incorporated into the Charter.3. OIL INSURANCE CLAUSEIt is a condition of this Charter that Owner has in place cover for oil pollution of upto the maximum available through the international group of P&I clubs and excess oil pollution cover available through Owner P&I club and/or first class market underwriters. If requested by Charterer, Owner shall immediately furnish to Charterer full and proper evidence of the coverage.4. SPILL RESPONS旧ILITY CLAUSEVessel shall take all necessary precautions to prevent spillage or leakage of cargo or bunkers. Prior to commencement of cargo or bunkering operations, vessel shall verify all appropriate overboard lines are closed securely, and shall complete the applicable oil transfer form in conjunction with the terminal or bunkering operator. Furthermore, any time there is any indication of spillage or leakage, vessel shall immediately cease related operations, notify all necessary authorities and involved personnel, conduct a thorough investigation, and complete appropriate action before resuming such operations.5. DRUG AND ALCOHOL POLICY CLAUSEOwner warrants that it has a policy on Drug and Alcohol Abuse Policy applicable to the vessel which meets or exceeds the standards in the Oil Companies International Marine Forum (OCIMF) Guidelines for the Control of Drugs and Alcohol Onboard Ships.6. BERTH TIME CLAUSEThe vessel shall vacate the berth immediately after completion of discharge and hoses have been disconnected provided that proper documents are prepared, or within four hours before sunset following completion of discharge, whichever first occurs. If after hoses are disconnected vessel remains at berth solely for ship purposes, Owner will be responsible for any costs charged to Charterer by terminal, supplier or receivers.If vessel remains at Charterer owned facilities for its own purposes and costs are incurred by Charterer which can be documented and supported solely due to vessel remaining at berth, Owner will be responsible for all costs incurred.7. ETA NOTICE CLAUSEOwner/Master to give Charterer and MAI LIAO port agent ETA where applicable 7/5/4/3/2/1 days in advance MAI LIAO port. As soon as Owner has had all load/discharge ports nominated on the vessel, Owner to advise Charterer and MAI LIAO port agent of load/discharge port rotation, and the ETA Charterers port. After having given the load/discharge rotation and ETA to Charterer, Owner then to advise Charterer and MAI LIAO port agent any change of rotation and any change of more than 24 hours of the given ETA.8. RESPONSIBLE CARE CLAUSEThe Owner is fully committed to the principles of Responsible Care. The Owner acknowledges the importance of handling product in a manner that will ensure the safety of people and the protection of the environment. The Owner agrees they will use, handle, store, transport and dispose of product in accordance with all applicable laws and regulations.9. PORT RESTRICTION CLAUSE ON BERTHOwners warrant that they are fully aware of the physical and operational restrictions at MAI LIAO port, terminals and berths, and will abide by same. Possible restrictions include but are not limited to; physical limitation on the vessel draft, length, beam, displacement etc., and restrictions on night time cargo operations navigation and/or berthing. Any delay due to non-compliance with restrictions shall be for Owners account.10. CLEAN BALLAST CLAUSEOwner warrants that the vessel will arrive at port/area with clean ballast. Nothing, including clean ballast, can be discharged overboard in MAI LIAO port unless otherwise approved. Also Owner warrants that the vessel will comply with ballast water exchange policy of MAI LIAO port when required.12. FITTINGS CLAUSEA) Owner warrants that all piping, valves, spools, reducers and other fittings comprising that portion of the vessels manifold system outboard of the last fixed rigid support to the vessels deck and are used in the transfer of cargo, bunkers or ballast, will be made of acceptable materials. The fixed rigid support for the manifold system must be designed to prevent both lateral and vertical movement of the manifold.B) Owner warrants that all piping, valves, fittings and reducers on the manifold system that are properly prepared in sizes as required and used in the transfer of cargo and ballast will be made of acceptable materials.13. CLOSE LOADING/UNLOADING CLAUSEOwner warrants that the vessel is equipped for and able to carry out closed loading and discharging operations in full compliance with International Safety Guide for Oil Tanker&Terminal (ISGOTT). Furthermore Owner warrants that the vessel has an operational closed ullage system available and is capable of venting vapors ashore during loading via single central vapor return line as required.14. CONSIGNEE AGENCY CLAUSEFor strict safety management purpose, Owner agrees to appoint Formosa Plastics Maritime Corporation as their port agent in MAI LIAO Port.15. BUNKERING CLAUSEFor strict safety management purpose, Owner warrants that the vessel shall comply with MAI LIAO Port Bunkering Procedure while bunkering in MAI LIAO Port.16. VESSEL MAINTENANCE CLAUSEFor strict safety management purpose, any repairing work in MAI LIAO Port is prohibited unless specially permitted by MAI LIAO Port Authority and managed by Formosa Plastics Maritime Corporation. Violated vessel shall be fined.17. CREW MEMBER SHORE WORK PERMIT CLAUSEFor strict safety management purpose, any shore work by crewmember in MAI LIAO Port is prohibited without shore work permit. Violated vessel shall be fined.18. IGS CLAUSEA) Owner represents and warrants that vessels Inert Gas System (IGS) is fully operational and that the vessel will arrive at port with cargo tanks inerted, and that cargo tanks will remain inerted throughout the voyage, including during loading and discharge, so that in no event shall cargo tanks have an oxygen content in excess of eight percent (8%) by volume.B) Master may be requested by terminal personnel or independent inspectors) to breach the IGS for purposes of gauging, sampling, temperature measurement and/or measurement of the quantity of cargo remaining on board after discharge. Breach and depressurization of tanks for such purposes shall be allowed in accordance with the provisions of the most current/amended Inert Gas Systems for Oil Tankers publication issued by the International Maritime Organization (IMO IGS Publication).C) Owner further represents and warrants that should the IGS system fail, vessel shall strictly adhere to Emergency Procedures of the IMO IGS Publication.D) 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 Charterers account. Any time lost due to vessels improper operation of the inert gas system shall be for Owners account. Any time used solely for such gauging, sampling and measurement shall count as used laytime or, if the vessel is on demurrage, as time on demurrage.19. RECEIVING/PUMPING CLAUSEThe Owner warrants the vessel is capable of receiving the cargo at agreed rate and vessels pumps are capable of discharging the cargo at agreed rate as described in the Charter Party against a back pressure of 100 psi at the ships rail, provided shore facilities permit.20. CRUDE OIL WASH CLAUSEA) Owner represents and warrants that the vessel is equipped for and is able to Crude Oil Wash (COW) all cargo tanks. Charterer may request COW of designated tanks. If Charterer requests COW and the vessel complies, the time above allowed for discharge shall be increased as agreed for COW of all cargo tanks, or pro rata for less than all cargo tanks.B) In the event of non-compliance with Charterers request for COW, any measurable cargo, as determined by an independent petroleum inspector, remaining in designated tanks shall be deemed free flowing, pumpable liquid; and Charterer shall have the right to deduct from freight an amount equal to the FOB port of loading value of such cargo plus freight due with respect thereto.C) In the absence of specific instructions to the contrary, vessel will conduct COW of cargo tanks at discharge port simultaneously with cargo discharge operations in accordance with ICS/OCIMF Guidelines for tank washing with crude oil. Any additional time consumed as a result of crude oil washing up to a maximum of twelve (12) hours shall constitute used laytime.D) Owner agrees to comply with applicable port and terminal regulations. COW dates, times, and pressures are to be recorded on the vessels pumping log. If for any reason COW cannot be used, the vessel shall immediately notify the Charterer and provide an explanation.