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A17826 Wed, 15 Oct 2008 05:18

From: Eitzen Chemical, ASIA - Operation


<OperationASIA@eitzen-group.com@SMT>
To : SICHEM HAWK - MASTER Sent 10/13/2008 8:42 AM
Cc : EMS Ship Management IN - Technical Team 2 Sent 10/13/2008 8:19 AM
<technical-team2.in@ems-asa.com@SMT>
Date: Monday, October 13, 2008 8:19 AM Msg: AMOS-145514127
Path: \MASTER\Inbox
Sub : SICHEM HAWK / WILMAR CP 18.09.08 - VOY 01 FIXTURE DETAILS

GD DAY CAPT,

PLS FIND BELOW FIXTURE DETAILS OF SICHEM HAWK VOY 01:

CHARTER PARTY DATED : 18 SEPTEMBER 2008

CHARTERER : WILMAR TRADING PTE LTD OR NOMINEE

(IN CASE OF NOMINEE, WILMAR TRADING PTE LTD

TO REMAIN FULLY RESPONSIBLE FOR THE

PERFORMANCE OF THE ABOVE CHARTER PARTY)

REGISTERED OWNERS : EITZEN CHEMICAL (SINGAPORE) PTE LTD

C/P FORM : VEGOILVOY C/P WITH USUAL OWNERS PROTECTIVE


CLAUSE

E. LOADING PORT(S)/RANGE(S) :

1/2SP 1SB EACH OUT OF DUMAI INCL PELINTUNG BERTH, KUALA TANJUNG,
PASIR GUDANG,

PORT KLANG, BUTTERWORTH, LUMUT (MALAYSIA), BELAWAN, SINGAPORE

F. DISCHARGING PORT(S)/RANGE(S) :

1/2SP 1SB EACH OUT OF ROTTERDAM, GENOA, BARCELONA, TARRAGONA, CARTAGENA,

BILBAO, BREST, ANTWERP, MERSEYSIDE, HAMBURG, BRINDISI, VENICE, VASTO,


RAVENNA

G. CARGO QUANTITY:

MIN 23,000 MTS 2% MORE CHOPT UP TO MAX (VSL'S MAX APPROX: 29,000 CBM)
H. CARGO DESCRIPTION:

1/3 GRADES OF BIODIESEL (PALM FATTY ACID METHYL ESTER) IN BULK AND
WVNS.

FFA CONTENT 0%. VISCOSITY = 8 AT DISCH 25 DEG C.

I. HEAT:

AMBIENT LOADING / CARRIAGE.

SOME HEAT MAY BE REQUIRED AT DISCHARGE (20 / 30 DEG C).

O. LAYTIME:

250 MTPH FOR LOADING

250 MTPH FOR DISCHARGING

SHINC REVERSIBLE

P. VOYAGE AGENTS:

CHARTERERS BOTH ENDS PROVIDED COMPETITIVE - WILL REVERT

Q. SPECIAL PROVISION

2. THE CHARTERERS HAVE THE OPTION TO LOAD OUTSIDE THE VESSEL'S NATURAL

SEGREGATIONS ON THE BASIS OF TANKWISE SEGREGATION, PUMP AND LINE


SHARING

AT THEIR RISK. THE CHARTERERS SHALL ALSO HAVE THE OPTION TO LOAD
"OVER THE

TOP" (HOSES TO BE ARRANGED AND SUPPLIED AT THEIR TIME, RISK AND


EXPENSE)

PROVIDING THE SHORE SIDE, SUPPLIERS/RECEIVERS AND PORTS INVOLVED


ALLOW

"OVER THE TOP" LOADING.

REVISED WILMAR RIDER TERMS AS DATED 01ST JUNE 2001


==================================================

SPECIAL TERMS

-------------

1. WAITING CLAUSE:

SHOULD SHIPPERS/RECEIVERS' CARGO DOCUMENTATION NOT BE IN ORDER AT THE

LOADING/DISCHRGE PORT (S), CHARTERER TO HAVE OPTION TO ORDER


MASTER/VESSEL

NOT TO ENTER THE LOAD/DISCHARGING PORT(S) UNTIL FURTHER INSTRUCTIONS


GIVEN

BY CHARTERER.WAITING TIME FOR CHARTERER GIVING INSTRUCTIONS SHALL BE


FOR

FOR CHARTERERS ACCOUNT AND TIME TO COUNT AS USED LAYTIME. OR IF ON


DEMURRAGE,

TIME ON DEMURRAGE.

4. SHIP TO SHIP OR DOUBLE BANKING CLAUSE

If lightering/STS transfer is required same always to be in


accordance with

OCIMF latest edition of STS transfer. CHARTERER HAS THE OPTION TO


LOAD/DISCHARGE

BY MEANS OF SHIP TO SHIP TRANSFER OR DOUBLE BANKING, PROVIDING


CHARTERER TO

SUPPLY ALL NECESSARY EQUIPMENT (ADEQUATE FENDERS AND FLEXIBLE HOSES)


TO ENSURE

SAFE OPERATION AND TO AVOID DAMAGE TO VESSEL. THIS IS ALWAYS SUBJECT


TO THE MASTERS

DISCRETION BUT SAME NOT TO BE UNREASONABLY WITHELD. ANY EXTRA COSTS


(INCLUDING AGENCY

COST AT SHIP TO SHIP POSITION, IF ANY) AND TIME INVOLVED DUE TO THIS
LOADING MODE

(FROM TIME VESSEL DROPPED ANCHOR, TO COMPLETION OF LOADING/DISCHARGE)


ARE TO BE FOR

CHARTERERS' ACCOUNT. IF SUCH OPERATION DECLARED, IT SHALL NOT


CONSTITUTE AS A LOAD/
DISCHARGE PORT AND THEREFORE CHARTERER WILL NOT BE ENTITLED TO THE
SIX (6) HOURS

AFTER NOTICE OF READINESS AND ON THE CONDITIONS THAT VESSEL NEEDS TO


LOAD FROM OTHER

PORT (S) IN THE STRAITS.

WILMAR TRADING RIDER TERMS (REVISION 5) DTD 18TH APRIL 2001

-----------------------------------------------------------

1. NOTICE CLAUSE:

TOTAL TIME TO BE REVERSIBLE. THIS APPLIES EVEN WHEN VESSEL IS ON


DEMURRAGE.

SIX (6) HOURS NOTICE OF READINESS AT LOAD AND DISCHARGE PORT(S) TO BE


GIVEN BY THE MASTER

TO THE SHIPPER(S)/RECEIVER(S) AS SOON AS THE VESSEL HAS ARRIVED, AND


IS IN EVERY RESPECT

READY TO LOAD OR DISCHARGE THE CARGO(ES).

6. SUITABILITY CLAUSE:

VESSEL MUST BE FIT AND IN ALL RESPECTS SUITABLE FOR CARRIAGE OF


EDIBLE OIL. COPPER AND ITS

ALLOY SUCH AS BRASS, BRONZE AND GUN METAL, SHALL NOT BE USED FOR ANY
PART OF THE VESSEL.

INSTALLATION AND/OR TRANSPORT SYSTEMS THAT HAS CONTACT WITH THE OILS,
SUCH AS PIPING, PIPE

CONNECTION, VALVES, HEATING COILS, TEMPERATURE GUAGES, AUTO GAUGING


DEVICES, HIGH LEVEL ALARM

SYSTEMS, FIXED TANK CLEANING EQUIPMENT, STRAINERS, AND PUMPS, OR ANY


SAMPLING APPARATUS.

7. CLEANING CLAUSE:

OWNER/VESSEL TO FULLY CLEAN TANKS, LINES AND PUMPS TO CHARTERERS'


INSPECTORS SATISFACTION.

SAME NOT UNREASONABLY WITHHELD. CLEANING ALWAYS TO BE FOR OWNERS


ACCOUNT.
8. CLEANLINESS CLAUSE:

VESSEL TANKS, PUMPS, PIPELINES AND HEATING COILS MUST ALWAYS BE DRY
AND CLEAN OF PREVIOUS CARGO,

FOREIGN ODOURS, LOOSE SCALE, AND RUST, TANKS, COILS, AND PIPES MUST
WITHSTAND REQUIRED SURVEYORS

TEST AND STEAM PRESSURE BUT MAXIMUM 7KG/CM. ANY DOUBLE BOTTOMS
BENEATH TANKS MUST BE TESTED.

PIPELINES, VALVES AND PUMPS TO BE CLEAN AND TIGHT. IN THE EVENT THAT
THE VESSEL IS UNABLE TO

CONDUCT TESTING, A CERTIFICATE OF CLEANLINESS, DRYNESS, AND TIGHTNESS


OF THE TANKS, VALVES, PIPES,

HOSES TO BE ISSUED BY THE SURVEYOR. SHOULD THE VESSEL FAIL TO PASS


THE FIRST TANK INSPECTION BY THE

CHARTERERS'/SHIPPERS' SURVEYOR, THE COSTS FOR ALL SUBSEQUENT


INSPECTIONS TO BE FOR OWNERS' ACCOUNT.

9. HEATING CLAUSE :

OWNER/VESSEL TO HEAT CARGO IN ACCORDANCE WITH


CHARTERERS'/SHIPPERS'/RECEIVERS'/INSPECTORS' INSTRUCTION

AND SATISFACTION.

IN THE ABSENCE OF INSTRUCTIONS FROM ANY OF THE ABOVE MENTIONED,


OWNER/MASTER TO PERFORM ACCORDING TO

THE HEATING INSTRUCTIONS OF IASC (INTERNATIONAL ASSOCIATION OF SEED


CRUSHERS) MANUAL, OF WHICH THE MASTER

TO HAVE A COPY ONBOARD THE VESSEL. MASTER TO SIGN RECEIPT OF HEATING


INSTRUCTIONS AS PRESENTED BY ONE OF

THE ABOVE. IF REQUESTED BY CHARTERER, VESSEL TO PRESENT A COPY OF


HEATING LOG SHOWING DAILY RECORDED

TEMPERATURES OF THE CARGO(ES) TANK BY TANK.

15. VESSELS TANK CLAUSE:

SHIPS TANKS TO BE STAINLESS STEEL OR EPOXY COATED.

17. SEGREGATION CLAUSE:


SUBJECT CARGO TO BE STOWED SEPERATELY AND COMPLETELY SEGREGATED FROM
OTHER SHIPPERS'/CHARTERERS' CARGO

EVEN IF OF THE SAME GRADE.

PUMPING FROM ONE TANK TO ANOTHER ON THE SAME VESSEL IS NOT ALLOWED
EXCEPT FOR THE REQUIREMENTS OF SAFETY.

IN EVENT THAT CARGO TRANSFER HAS TO BE PERFORMED FOR SAFETY REASONS,


A DETAILED EXPLANATION MUST BE GIVEN

IN WRITING TO CHARTERER. IN EVENT OF CARGO TRANSFER ALL


COSTS/CONSEQUENCES ARISING FROM SUCH TRANSFER

INCLUDING BUT NOT LIMITED TO CARGO SHORTAGE/CONTAMINATION WILL BE


FOR OWNERS ACCOUNT.

21. ITINERARY / ETA CLAUSE :

OWNERS TO GIVE VESSEL'S ETA LOADPORT UPON FIXING, TOGETHER WITH THE
VESSELS FULL ITINERARY. OWNERS/MASTER

TO SERVE 14/10/8/6/4/2 DAYS AND 24HRS NOTICE OF ARRIVAL AT LOAD AND


DISCHARGE PORT(S) TO WILMAR TRADING PTE LTD.

OWNER TO KEEP CHARTERER POSTED IMMEDIATELY OF ANY CHANGES IN VESSELS


ETA / ITINERARY.

24. PUMPING CLAUSE:

OWNER WARRANTS THAT EACH PUMPING FACILITY OF THE VESSEL SHALL BE


CAPABLE OF DISPLACING TWO HUNDRED (200) M/T

PER HOUR OF CARGO OR, ALTERNATIVELY, OF MAINTAINING AN AVERAGE


DISCHARGE PRESSURE OF ONE HUNDRED (100) PSI

AT THE VESSELS RAIL / MANIFOLD. FAILURE TO PUMP AT THIS RATE OR


PROVIDE MINIMUM RAIL / MANIFOLD DISCHARGE

PRESSURE AS JUST STIPULATED WILL EXCUSE CHARTERER FROM PAYMENT FOR


ANY VESSEL TIME ON DEMURRAGE EQUIVELANT TO

THE CUMULATIVE TIME PERIOD (S) OF THE REDUCED PUMPING RATE OR LOWER
DISCHARGE RAIL / MANIFOLD PRESSURE (WHETHER

SUCH PERIOD(S) OCCUR PRIOR OR AFTER EXPIRATION OF LAYTIME) UNLESS


SUCH REDUCED PERFORMANCE HAS BEEN REQUIRED BY

CHARTERER OR THE RECEIVING FACILITY IS UNABLE TO ACCEPT THE


AFORESAID LEVEL OF PERFORMANCE. VESSEL SHALL ALSO

BE CAPABLE OF DISCHARGING A MINIMUM OF TWO GRADES SIMULTANEOUSLY.


WITHOUT PREJUDICE TO THE LAYTIME CLAUSE AGREED, IF REQUIRED BY
CHARTERER / RECEIVER, OWNER / MASTER TO MAXIMISE

DISCHARGE SPEED UPTO THE RECEIVING CAPACITY OF THE SHORE FACILITY.

28. BLENDING CLAUSE:

CHARTERER SHALL HAVE THE OPTION TO BLEND THE CARGO ONBOARD THE
VESSEL PROVIDED THAT SUCH BLENDING IS WITHIN THE

TECHNICAL CAPABILITY OF THE VESSEL. SUCH BLENDING OF CARGO WILL BE


UNDER CHARTERERS INSTRUCTION AND AT THEIR RISK

/ TIME.

29. LOW FLASH CLAUSE:

NO LOW FLASH CARGO ALLOWED ONBOARD WITHOUT PRIOR CONSENT FROM


CHARTERER.

30. PORT REGULATION / RESTRICTION CLAUSE:

OWNER/VESSEL TO COMPLY WITH ALL/ANY PORT REGULATIONS AT


LOAD/DISCHARGE PORT(S). ANY TIME LOST DUE TO VESSEL/OWNER

NON-COMPLIANCE TO BE FOR OWNERS' ACCOUNT.

33. LOADING INSTRUCTIONS CLAUSE:

OWNERS SHALL BE RESPONSIBLE FOR ANY TIME LOST, COSTS, PROVEN


DAMAGES, DELAYS OR LOSS ASSOCIATED WITH VESSEL

DEVIATING FROM CHARTERERS' VOYAGE INSTRUCTIONS, INCLUDING LOADING


ANY CARGO QAUNTITY IN EXCESS OF VOYAGE

ORDERS. IN ADDITION, CHARTERER SHALL NOT BE RESPONSIBLE FOR ANY


DEADFREIGHT DUE TO OWNERS' FAILURE TO LIFT

MINIMUM QAUNTITY SPECIFIED IN CHARTER PARTY. IF A DISCREPANCY ARISES


AT LOADING TERMINAL, MASTER HAS TO SEEK

CLARIFICATION BY CONTACTING CHARTERER AND/OR THEIR REPRESENTATIVE


IMMEDIATELY BEFORE CONTINUING TO LOAD OR SAIL.

IN THESE CIRCUMSTANCES THE AGENTS/SHIPPERS DO NOT ACT ON BEHALF OF


CHARTERER. TERMINAL ORDERS SHALL NEVER SUPERSEDE

CHARTERERS' INSTRUCTIONS.
37. VOYAGE ORDERS:

OWNER / MASTER WILL ACKNOWLEDGE RECEIPT OF CHARTERERS' VOYAGE ORDERS


AS SENT SEPERATELY. ANY DEVIATION FROM SUCH

VOYAGE ORDERS BY EITHER THE MASTER OR OWNERS WILL RESULT IN ALL


COSTS / CONSEQUENCES BEING FOR OWNERS ACCOUNT.

FOSFA REGULATIONS:

OWNER/VESSEL/MASTER MUST COMPLY WITH FOLLOWING FOSFA INTERNATIONAL


REGULATIONS FOR THE CARRIAGE OF VEGETABLE OILS .

A. OPERATIONAL PROCEDURE FOR OCEAN CARRIERS IN FORCE AT THE DATE OF


FIXING.

B. QUALIFICATIONS FOR ALL SHIPS ENGAGED IN THE OCEAN CARRIAGE AND


TRANSHIPMENT OF OILS AND FATS FOR EDIBLE OR OLEO

CHEMICAL USE IN FORCE AT THE TIME OF FIXING.

C. IN CASE OF TRANSHIPMENT, OWNERS MUST COMPLY WITH FOSFA REGULATIONS


INCLUDING OPERATIONAL PROCEDURES FOR TRANSHIPMENT

VESSELS IN FORCE AT THE DATE OF FIXING.

- TEAM OWNERS CLAUSES 1-24 (ATTACHED) WITH FOLLOWING AMENDMENTS TO


APPLY.

08. PUMPING CLAUSE

Owner warrants that the vessel is capable of discharging its entire


cargo within 24 hours provided shore facilities permit, or alternatively
that she will average a minimum pressure of 100 PSI at her manifold
during all discharge (stripping excluded) operation(s). If vessel fails
to meet the above warranties, then Charterer shall not be responsible
for any pumping time used in excess of 24 hours.

The vessel may, as a consequence of her failure to maintain the


warranted discharge rate, have to be withdrawn from the berth, and all
time lost and expenses incurred in this connection shall be for Owner's
account.
In the event the cargo is not discharged within the warranted 24 hour
period, or when pumping restrictions of any kind are imposed by the
terminal, then the master shall lodge a protest against the receiving
terminal. When submitting a demurrage claim, Owner shall furnish copies
of all protests lodged together with a copy of the vessel's pumping log,
which shall reflect hourly pressure gauging at the vessel's manifold.

22. SECURITY CLAUSE

Notice of Readiness - At the end of the Vessel's sea passage at each


place or port of loading or discharge, or upon arrival at any customary
waiting place or any other place she is ordered to wait, the Vessel
shall be entitled to tender Notice of Readiness whether anchored or not,
whether in port or not, whether inspected and/or cleared or not.

Delays or Time Lost - Otherwise, notwithstanding anything to the


contrary in this Charter, any delay or time whatsoever lost, whether
directly or indirectly (including consequential delays), used or spent
in inspecting the vessel and/or obtaining the required security
clearances from the authorities to permit the Vessel to berth or depart
shall count as laytime or time on demurrage.

Expenses - If any expenses or additional fees are incurred at the port


related to security measures or obtaining entry/clearances, same to be
for Charterers account. Such expenses shall include, but not be limited
to, security guards, a launch to the vessel, tug escorts, port security
fees and costs of inspection, if any.

23. ISPS CLAUSE

(i) From the date of coming into force of the International Code for the
security of ships and of port facilities and the relevant amendments to
Charter XI of Solas (ISPS Code) in relation to the vessel, the owners
shall procure that both the vessel and "the company" (as defined by the
ISPS Code) shall comply with the requirements of the ISPS Code and US
Maritime Transportation Security ACT 2002 (MTSA) relating to the vessel
and "the company". Upon request the owners shall provide a copy of the
relevant International Ship Security Certificate (or the interim
International Ship Security Certificate) to the charterers. The owners
shall provide the charterers with the full style contact details of the
company security officer (CSO).

(ii) Except as otherwise provided in this Charter Party, loss, damage,


expense or delay, excluding consequential loss, caused by failure on the
part of the owners or "the Company" to comply with the requirements of
the ISPS code or MTSA or this Clause shall be for owners account.

(B) (i) The charterers shall provide the CSO and the ship security
officer (SSO)/Master with their full style contact details and any other
information the owners require to comply with the ISPS code or MTSA

(ii) Except as otherwise provided in this charter party, loss, damage,


excluding consequential loss, caused by failure on the part of the
charterers to comply with this clause shall be for the charterers
account and any delay caused by such failure shall be compensated at the
demurrage rate.

(C) Provided that the delay is not caused by the owners failure to
comply with their obligations under the ISPS codde or MTSA, the
following shall apply:

(i) Notwithstanding anything to the contrary provided in this charter


party, vessel shall be entitiled to tender notice of readiness even if
not cleared due to applicable security regulations or measures imposed
by a port facility or any relevant authority under the ISPS code or MTSA

(ii) any delay resulting from measures imposed by a port facility or by


any relevant authority under the ISPS Code or MTSA shall count as
laytime or time on demurrage if the vessel is on laytime or demurrage.
If the delay occurs before laytime has started or after laytime or time
on demurrage has ceased to count, it shall be compensated by the
charterers at the demurrage rate.

(D) Any additional costs or expenses whatsoever solely incurred in order


to procure services at a port to which the vessel is ordered by
charterers, in order to meet the requirements of the ISPS code or MTSA
in relation to such port, including, but not limited to, security
guards, launch service, tug escort, port security fees or taxes and
inspections, shall be for charterers account unless such costs or
expenses result solely from the owners' negligence. All measures
required by the owners to comply with the ship security plan shall be
for owners account.

(E) If either party makes any payment which is for the other parties
account according to this clause, the othe party shall indemnify the
paying party.

24. MARPOL SLOP DISPOSAL CALUSE TO APPLY

MARPOL
(a) If mandatory wash or prewash of cargo tanks (Wash) in accordance
with requirements of MARPOL 73/78 Annex II is required, the same shall
be performed in direct continuation and expeditiously upon completion of
discharging cargo in conformity with the Vessel's "procedures and
arrangements manual" and in accordance with the local port regulations.
Any time used or delays incurred for such Wash shall be for the
Charterer's account and count as laytime or when laytime has expired as
time on demurrage.

(b) The Charterer shall provide suitable and adequate facilities, which
shall be immediately available and accessible to the Vessel upon
completion of discharge for the reception of such mixture of fresh
washing water/cargo residues originating from cargo carried under this
Charter and respective Bills of Lading. The cost of such facilities and
responsibility for ultimate disposal of any such mixture originating
from Charterer's cargo shall be for Charterer's sole account.
(c) In the event that the Vessel is required to vacate the discharging
berth to perform tank washing and/or Wash, as provided above, any
shifting expense and additional bunker cost shall be for the Charterer's
account. Time used hereby shall count as used laytime, or if the Vessel
is on demurrage, as time on demurrage. Any delay in providing the
necessary reception facilities and time used for discharging cargo
residue mixture shall count as laytime, or if the Vessel is on
demurrage, as time on demurrage.

+++

PLS CONFIRM RCPT AND UNDERSTANDING BY RTN.

THKS.

Best Regards

Eitzen Chemical

Shannon Ang

Direct: +65 6557 7611

Mobile: +65 9695 8500

Email: oprasia@eitzen-chemical.com

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