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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The actual drafting of this new standard charter party was entrusted to a subcommittee composed of individuals with expert knowledge within the specific field of barge bareboat chartering and representing the various interests involved, i. Clause 25 – Assignment and Sub-Demise The first paragraph of this Clause gives the Charterers a right to subdemise or assign the barge provided that proper consent, which shall not be unreasonably withheld, has been obtained from the Owners in writing.
Clause 28 – War The multitude of war situations with which the world has been confronted during recent years has shown that some war clauses, notably in old charter parties, have serious shortcomings and do not explicitly cover all the various situations which may arise nowadays as a result of war or warlike operations. Sub-clause 7 d includes the so-called “Interpellation Clause” found in a number of BIMCO standard documents, the idea of which is that the barge shall not have to proceed on a long voyage towards the place of delivery not knowing whether or not the Charterers are going to accept the barge.
The substituting barge shall be of an equivalent size and quality and, evidently, such substitution must not result in any delay and costs for the Charterers. The main idea of the division of the charter into two parts is to leave the printed text of Part II unaltered.
The second paragraph of sub-clause 6 b provides that the declared delivery period shall always be within the previous declared delivery period and the number of days’ notice shall always be counted from the first day in the declared delivery period. The exception of gross negligence and wilful misconduct has been introduced in order to avoid that the Owners may feel it beneficial to them to pay the penalty and not deliver the Barge through gross negligence or wilful misconduct.
It was understood that the offshore barge industry is a highly sophisticated trade with a large volume of chartering done on a global basis. Any additional premium which may result from the barge’s trading pattern shall be for the Charterers’ account.
This latter approach has been chosen in order to avoid possible dispute as to the current market rate.
Maritime Files – Standard Barge charter party BARGEHIRE
Clause 19 – Consequential Loss This Clause contains the usual provisions relating to consequential loss. Hence the suggestion to affix a notice to the barge in a conspicuous place. However, it appears to be common practice in the barge industry to contractually limit the Owners’ liability towards the Charterers in the event of non-fulfilment of their obligations bargehide deliver the barge resulting in claims made against the Charterers by third parties.
Against this background, this paragraph also provides that as from the time the assignment has become effective the Owners shall be relieved from all obligations and liabilities under the charter, provided that the Charterers bargehrie been properly informed. 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.
Moreover, some jurisdictions may hold the Owners liable if the buyers fail to perform the obligations which have been transferred to them by the Owners in an attempt to avoid becoming in repudiatory breach of contract. Press release Priority news Contract Bunkers.
A breach of the obligation to maintain and repair the barge may entitle the Owners to withdraw the barge if the Charterers fail to effect repairs, etc. Clause 13 – Maintenance and Operation One of the significant consequences of bareboat chartering is that during the entire charter period the barge is under complete control and at the absolute disposal of the Charterers. Lines are open This Clause deals with the usual on-hire survey and off-hire survey to be carried out by a mutually acceptable qualified marine surveyor and, moreover, the allocation of costs and time connected thereto.
It was envisaged bargebire the provisions of such a charter could largely be based on the terms and conditions of barehire BARECON 89 Standard Bareboat Charter but suitably adapted to meet the special requirements of barge chartering. The port or place of delivery agreed shall be stated in Box The Charterers may not always possess sufficient expertise and experience to conduct the operations mentioned and, above all, the ballast engineer would typically be familiar with that particular barge.
BIMCO has revised and updated its two standard ship repair contracts: As in sub-clause bbargehire ithe possibility of placing additional insurance by both parties is also envisaged in sub-clause 16 ii t to the extent such additional insurance is permissible as already explained in regard to sub-clause 16 i above. It is expected that a new standard barge bareboat charter developed by BIMCO will ensure a wide international acceptance, the aim being to develop a balanced, bargshire and practical document which takes into account all the peculiarities of the trade.
It is intended, and hence provided, that such a substitution shall have no effect on the terms and conditions under the charter, inasmuch as any additional costs associated with preparation of the substituting barge shall be for the Owners’ account.
Sale and purchase 9. Similarily, subclauses 16 ii g to 16 ii i duly reflect the contents of sub-clause 16 i. This would mean that days prior to 1 March, the first day of the previous declared delivery period the Charterers shall narrow down further the delivery period to 30 days. Hence, the main difference between sub-clause 16 i and 16 ii is that if the latter applies, the responsibilities just mentioned rest solely with the Charterers.
Thus, it follows from sub-clause a of this Clause that the responsibility for maintenance and operation and all costs and expenses arising therefrom shall rest with the Charterers.
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, bargehiee, and protection and indemnity risks.
CHAPTER 6 Standard form contracts: (iv) the bimco “bargehire ” form
Clause 7 – Cancelling Non-delivery of a barge by the Owners, or even a small delay, may have serious consequences for the Charterers, not least when they are engaged in large construction projects in the offshore industry. In some cases, either of the parties may wish to place additional insurance to cover their interest in the venture.
The contracting parties may agree that days i. Sub-clause 7 c states that, unless the late delivery is caused by gross bargfhire or wilful default baggehire the Owners, the compensation referred to in this Clause shall be the Charterers’ sole financial remedy for damages arising out of the late delivery.
According to sub-clauses 16 ii c and 16 ii d the responsibility to effect repairs, including repairs not covered by the insurance, for instance, due to franchise or deductibles applicable under the terms of the insurances, also rests with the Charterers.
This Clause also provides for the condition in which the barge shall be delivered and, finally, that the delivery to the Charterers shall constitute a full performance by the Owners of their obligations under this Clause.
This Clause purports that in case the barge is requisitioned for hire, the charter remains in full force for the entire charter period agreed, and any requisition hire or compensation received or receivable by the Owners shall be payable to the Charterers.
Notably, sub-clause 13 c gives the Charterers a right to paint the barge in their own colours, install and display their insignia and fly their own house flag, provided that costs incurred in this connection, and by re-painting and re-instalment, shall be borne by the Charterers and, finally, that time used thereby shall count as time on hire.
All items to be agreed for the particular charter and to be filled in by typewriter have been arranged in boxes in Part I.
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. Clause 9 – Excluded Cargoes This Clause specifically excludes the loading or carriage of nuclear fuels and radioactive material or waste, whereas the carriage of stone or similar cargo requires the Owners’ consent due bargebire the additional wear and tear or excessive risk of damage such cargo may pose to the barge.
Clause 2 – Period of Charter Party Sub-clause b provides the Charterers with the right to extend the charter party by up to one-third of the agreed charter period or 45 days, whichever is the lesser.