TIME CHARTER
‘New York Produce Exchange Form
‘THIS CHARTER PARTY, made and concluded in Bremen on the 1
30” day of September 2014 2
Owners between BOCS Bremen Overseas Chartering and Shipping GmbH 3
and ms Sarah Friederich" Schifffahrtsgeselischaft mbH & Co. KG 4
owners of 5
Description the good multi-purpose Motorship WAF PASSION (prev. Safmarine Lualaba) 6
of of Sri Lanka of about 9.722 tons gross register, and 7
Vessel 4.382 tons net register, having engines of 7860 KW 8
and with hull, machinery and equipment in a thoroughly efficient 9
state, and classed GL + 100 A6 E, multipurpose dry cargo ship, 10
strengthened for heavy cargoes, equipped for carriage of containers, 11
SOLAS II-2 Reg. 19, BWW-F IW +MC E AUT, C-M PS of about 12
16.812 | 18.636 cubicmeter feet grain/bale capacity 13
and about 4
12.346 Jong/metric tons deadweight capacity fearge-and 15
‘bunkers inliding fresh-water andl stores-netexcesding 16
Jengimettie-tene on a salt water draft of 8,20 meters 7
on summer 8
freeboard; inkisive-of permanent bunkers-which-ere-otthe capacity oFabout 19
Jongimetne-lors-of 20
tetchorbere 2
fongimettiotons-of and 22
capable of steaming fully laden, under good weather conditions up to Beaufort 23
Scale 4, Beugles- See State Seaie-+ about 24
13,2 = 13,5 knots on a consumption of about 16,0 ~ 17,0 tons + 4,8 tons aux 25
Jengémetric tons at 8,20 m draft basis clean/smooth bottom, even keel, deep 28
and currentiess water/sea, reefers excluded, wind-maxBeaufor-2andceanet 27
exceeding Douglas see-stale-2-any-eaioulatiens-shalltbe-based-onthe-enines 28
i a 29
(goed folth-bubwitheut guarantee Vessel to be maintained for this speed and 30
‘consumation throughout the duration of this Charter Party. 31
32
Charterers BOCS Bremen Overseas Chartering and Shipping GmbH 33
end 34
35
Grarterencobthes 36
Duration ‘The Owners agree to let and the Charterers agree to hire the Vessel fromthe 37
time of delivery for a time charter period of 6 months +/- 25 days 38
within below mentioned trading limits. 39
‘Sublet Charterers shall have liberty to sublet the vessel for all or any part of the 40
time covered by this Charter, but Charterers shalll remain responsible for the 41
fulfilment of this Charter, Acceptance of delivery by Charterers shallnot 42
constitute any waiver of Owner's obligations hereunder. 43
Delivery ‘The Vessel shall be placed at the disposal of the Charterers on dropping 44
last outward sea pilot Malabo between 1™ of October 2014 and 5" of, 45
October 2014 any time day night Sundays Holidays included 46
47
provided-in-Glause-6- Vessel on her delivery shall be ready to receive any 51
permissible cargo with clean swept holds and tight, staunch, strong and. 52
further all cargo compartments to be dry, free from rust flakes or scales, 53
free of odour and residues of previous cargoes and ready in all respects 54
page 1 of 21 - Charter Party mv WAF PASSION ~ dd 30.09.2014 Jfor the carriage of cargoes to the satisfaction of CharterersiShippers’ 55
‘Surveyor, in case of any dispute an independent sworn surveyor to be 56
called in and his findings shall be binding for both parties. Costs of such 57
survey to be share equally. Failing which the vessel will be off hire until 58
accepted and all extra expenses incurred including port expenses and 59
stevedore standby time shall be for Owners account and in every way fitted 60
for ordinary cargo service, having water ballast and with sufficient powerto 61
‘operate all cargo handling gear simultaneously (and with full complement of 62
officers and crew for a vessel of her tonnage), to be employed in carrying lawful 63
64
merchandise.
Dangerous 6s
Cargo 65
e7
68
69
Cargo 70
Exclusions Dangerous Cargo and Cargo Exclusions: as per Clause 62 nm
72
73
14
Trading ‘The vessel shall be employed world wide in lawtul trades with international 75
Limits Navigating Limits between safe ports, safe berths, safe anchorages, open 76
roadsteads and such places in West Africa where customarily logs are 77
loaded te-be-regercied-as-safe-ports and lies always safely affoat and we
always accessible. Excluding as per Clause 63 79
80
at
82
as the Charterers or their agents shall direct, on the following conditions: 83
Owners 1. The Owners shall provid any pay for the insurance of the vessel and for 84
to all provisions, and drinking water, garbage removal costs (including cargo 85
Provide residues) shall be borne by Charterers unless garbage (including kitchen 88
waste, general garbage, engine room waste eto) is actually discharged from 87
the vessel, compulsory immigration, cabin, deck, engine-room orother 88
necessary stores, including 89
boiler water and lubricating oil; shall pay for wages, consular shipping and 90
discharging fees of the crew ad charges for port services pertaining tothe 91
crew, shall maintain vessel's class and keep her in a thoroughly efficient state 92
in hull, hold and deck machinery and equipment with all certificates for the 93
vessel and officers and crew necessary to comply with current 4
Fegulations including ISM Code Certification at all ports of call and canals 95
for and during the service. Compulsory car transport from vessel to gates not 96
charged to owners. 97
Charterers 2. The Charterers, while the vessel is on hire, shall provide and pay for all 98
to the fuel except as otherwise agreed, port charges and pilotage compulsory 99
Provide or not, but for non-compulsory pilotage only if same required for safe 100
manoeuvring, towages, agencies, commissions, consular charges (except 101
those pertaining to individual crew members or flag of the vessel), compulsory 102
wathomen, and all other usual expenses except those stated in Clause 1, but 103
when the vessel puts into a port for causes for which the vessel is responsible, then 104
all such charges incurred shall be paid by the Owners. Fumigation ordered 105
because of illness of the crew shall be for Owners’ account. Fumigations. 106
ordered because of cargoes carried or ports visited while vessel is employed 107
under this Charter shall be for Charterers' account. Aietherfemigetioneshalt 108
‘be for Gharterers-accountafler the-vessel-hes-beeron-cherterfore-centinueus 109
period of six months or more. 110
Charterers shall provide necessary dunnage and shifting boards, also any = 111
extra fittings requisite for a special trade or unusual cargo, but Owners shall 112,
allow them the use of any dunnage and shifting boards already aboard the 113
age 2 of 21 - Charter Parly mv WAF PASSION — dd 30.09.2014
aBunkers
on
Delivery
see Clause 29
Rate of
Hire
Redelivery
Areas and
Notices
Hire
Payment
and
Commencement
Advances:
vessel, itany. 114
athe Ghartorers-on-delivery- andthe Owners-on-redelivery-chaltiake-ever 115
end pey-foraitfuctend-dieset siLremeining-on-beatthe-revectasherounder 116
The vessels shaltbe-delivercd-withe 117
JongimetriottessoFebeitabthe price oHastinveizeperion 118
tone-otdieceteiterthe pree-eHestinvelee 119
pertonaThewessebchallberedelvered with: 120
tons-o-fueloilatthe-priee-oflastinvelee-perton: 124
aang —— a
‘Same-tone-apphy-thvoughoutthie-clause} 423
4. The Charterers shat! nay for the use and hire of the vessel at the rate 124
et day pro rata, inoluding 125
‘overtime, payable 15 days in advance deityror ce
128
‘slotee_oh ——_—surnmer ressoate_poreatendenmont 128
‘commencing on and from the day and time of her delivery as aforesaid, and at 130
and after the same rate for any part of day menth; hire shall continue until the 131
hour of the day of her redelivery based on GMT in like good order and 132
condition, ordinary wear and tear excepted, to the Owners (unless vessel lost) 133
et on dropping last outward sea North ContinentiGibraltar-UK- 134
Range, port in charterers' option, 135
1
137
Unless otherwise mutually agreed 138
‘Charterers shall give Owners not less than 21/18/10 approximate days 139
Notice of vessel's expected date of redelivery and probable port and 6/3/1140
days definite notice of redelivery and port. wat
1
143
5, Payment of hire shall be made so as to be received by Owners ortheir 144.
designated payee at: see Clause 61 145,
in United States Currency, in funds available to the Owners onthe due date 148,
every 16 days sermbmenthly in advance, and for the last 18 days haltmonth or 147
part of same the approximate amount of the hire, and should same not cover 148,
the actual time, hire shall be paid for the balance day by day as itbecomers due, 149
Iso required by the Owners. Failing the punctual and regular peyment of this hire, 150
(fon any breach of this Charter, the Owners shall notify the Charterers in writing 154
of such failure. Within two banking days the Charterers shall pay the amount 152
due, failing which the Owners shall have the right to suspend the performance 163
of any or all of their obligations under this T/C and/or to withdraw the vessel. 154
Without prejudice to any claims they (the Owners) may otherwise have on the 155,
Charterers. Throughout any period of suspended performance under this 188
Clause, the vessel is to be and shall remain on hire. The Charterers undertake to. 157
Indemnity the Owners in respect of any liabities incurred by the Owners under 158
the bill of lading, waybill or any other contract of carriage as a consequence of 159
the Owners proper suspension of and/or withdrawal from any.or all of their 160.
obligations under this Charter Party, 161
FFime-chall-eount from 7-A-M-on-the-working-day following thaton- 162
Wwhioh-wiilen-netee-etreadiness-has-boen-givente-Gharorers-eriheiragents 163
bs i - 164
using she-vescetet-enee-in-which-ease-the-vessetmil-be-on-hire-fromine-com- 165
smencementetwore 168
167
Cash for vessel's ordinary distjursements at any port may be advanced, 168
as required by the Captain, by the Charterers or their agents and such 169
advances shall be deducted from the hire. The Charterers, however, shall inno 170
way be responsible for the application of such advances. m1
172
age 9 of 21 - Charter Party mv WAF PASSION — dd 30.00.2014Berths
Spaces
Available
Prosecution
of
Voyages
Bills
of
Lading
Conduct of
Captain
‘Supercargo
and
Meals
Ventilation
Continuation
Laydays!
Cancelling
6. Vessel shall be loaded and discharged in any safe dock or at any 173
safe berth/anchorage or safe place that Charterers or their agents may direct, 174
provided the vessel can safely lie always afloat at any time of tide, exceptat 175,
such places where itis customary for similar size vessels to safely lie aground. 176
W7
7. The whole reach of the vessel's holds, decks/hatch covers, and 178
usual places of loading (not more than she can reasonably and safely stow and 179
carry), also accommodations for supercargo, if carried, shall be at the 180
Charterers’ disposal, reserving only poper and sufficient space for the ship's 181
officers, crew, tackle, apparel, furniture, stores and fuel. 182
8. The Capiain shall prosecute his voyages with due despatch, and shall 183
render all customary assistance with ship's crew and boats. The Captain 184
(although appointed by the Owners) shall be under the orders and directions of 185
the Charterers as regards employment and agency; and Charterers are to 186
perform all cargo handling at their risk and expense under the supervision ane 187
esponsibility of the Captain. 138
1
190
Bills of Lading: as per Clause 41 491
192
193
194
195
196
9, The Captain and the officers at least shall be conversant in 197
English. if the Charterers shall have reason to be dissatisfied with the conduct 198
of the Captain or officers, the Owners shall, on receiving particulars of the 199
comptaint, investigate the same, and, if necessary, make a change in the 200
appointments. 201
202
203
204
205
208
207
10. The Charterers are entitled to appoint a supercargo at their risk and 208
‘expense, who shall accompany the vessel and see that voyages are 209
prosecuted with due despatch. He is to be furnished with free suitable 210
‘accommodation as onboard and same fare as provided for Captain's table, 211
Gherterers-are-paying-al-the-tate-ef —per day
‘Owners shal vitual pilots and customs officers, and also, when authorized by 213
Charterers or their agents, shall victual tally clerks, stevedore’s foremen, etc. 214
Charterers are paying at the rate of see Clause 38 per meat for such 215
victualling. 216
11. The Charterers shall furnish the Captain from time to time with all 27
requisite instructions and sailing directions, in writing, and the Captain shall 218
keep full and correct deck and engine logs of the voyage or voyages in 219
English, which are to be patent to the Charterers or their agents, and furnish 220
the Charterers, their agents or superoargo, when required, with a true copy of 221
‘such deck and engine logs, showing the course of the vessel, distance run and 222
the consumption of fuel. 223
12. The Captain shall use due diligence in caring for the ventilation of the 224
cargo. 225
further period of 27
228
14, Ifrequired by Charterers, time shall not commence before 1" of October 220
2014 and should vessel not have given written 230
notice of readiness on or before 5" of October 2014 but not 231
age 4 of 21 - Charter Party mv WAF PASSION — dd 90.09.2014
-later than 4 P.M., Charterers or their agents shall have the option of cancelling 232
this Charter at any time not later than the day of vessel's readiness. 233
of 15. In the event of the loss of time from deficiency and/or default of and/or 234
Hire ‘or sabotage by officers or crew or deficiency of stores, fre, breakdown 235,
of, or damages to, hull, machinery or equipment, grounding, detention by 236
average accidents to ship or cargo unless resulting from inherent vice, quality 237
‘or defect of the cargo, drydocking for the purpose of examination or painting 238
bottom, or by any other similar cause except as a result of default or 239
‘omission of Chartorers, sub Charterers or their agents preventing the full 240
working of the vessel, the payment of hire and overtime, if any, shall cease for 241
the time thereby lost. Should the vessel deviate or put back during a voyage 242
contrary to the orders or directions of the Charterers, for any reason other than 243
accident to the cargo, the hire is to be suspended from the time of her 244
deviating or putting back until she is again in the same or equidistant position 245
from the destination and the voyage resumed there from. All fuel used by the 246
vessel while off hire shall be for Owriers' account as per last stem plus the 247
port charges, pilotages and other expenses incurred in the period the vessel is off hire.
In the event of the vessel 248
being driven into port or to anchorage through the stress of weather, trading to 249
shallow harbors or to rivers or ports with bars, any detention of the vessel 250
and/or expenses resulting from suct detention, shall be for the Charterers 254
‘account. If upon the voyage the speed be reduced by defect in, or breakdown 252,
Of, any part of her hull, machinery of equipment, the time so lost, and the cost 253
cf any extra fuel consumed in consequence thereof as per last stem, and all 254
directly checked extra expenses shall be deducted from the hire. 255
Total 16. Should the vessel be lost, money paid in advance and not earned 256
Loss (reckoning from the date of loss or Being last heard of) shall be returned tothe 257
Charterers at once. ! 258
Exceptions ‘The act of God, enemies, fire, restraint of princes, rulers and people, 250
and all dangers and accidents of the seas, rivers, machinery, boilers and 260
steam navigation, and errors of navigation throughout this Charter, aways 264
mutually excepted f 262
i 263
264
i 265
266
Liberties ‘The vessel shall have the liberty to Sail with or without pilots, to tow and to 267
be towed, to assist vessels in distress, and to deviate for the purpose of 268
saving life and property. 269
Arbitration 417. Should any dispute arise between the Owners and the Charterers, the 270
matter in dispute shall be referred to Arbitration un Hamburg in accordance 271
with GMAA terms and conditions, proceedings to be held in EngHish German 272
Janguage thee-persons-atNew-Yerk-omte-be— 273
eppeinted by -caoh-of the parties herete-and-thethird- by thetwe-sechesen; 274
their desision-orthatoranytwe-eFthem-shal-be-fnebancfortne-pumpese-of 275
enforcing eny award thicagreementmay-bemedeeruieettheGeurt The 276
srbiratrs shall be eommarsiimenisonversertwih-shiping rears chipping 277
men/shipping lawyers. This Charter Party shall be governed and
constructed in accordance with German law. 28
Liens 18. The Owners shail have a lien upon all cargoes and all sub-freights for 280
‘any amounts due under this Charter, including general average contributions, 281
and the Charterers shall have a lien’on the ship for all monies paid in advance 282
and not eamed, any overpaid hire ot excess deposit to be retumed at once. 283
Charterers will not suffer, nor permit to be continued, any lien or encumbrance 284
incurred by them or their agents, which might have priority over the title and 285
interest of the Owners of the vessel, 286
Salvage 19. All derelicts and salvage shall be for Owners’ and Charterers' equal 287
benefit, after deducting Owners’ and Charterers’ expenses and crew's 288
proportion. 289
page 6 of 21 - Charter Party mv WAF PASSION — dd 20.09.2014
( &General General Average shall be adjusted in Hamburg, according to York-Antwerp 290
Average Rules 291
1974 and any amendments thereto, at-sueh-pertor place-in-the-United-Gtates 292
esmaypeselecied bythe: 293
Gynots-end-as-to-matiors not-provided forsy- these Aules_ensordingtathe 994
fews-and-isege-etthe-porte-Newverkrinsuetradiustmentdisbursementsin 295
: : a 388
_provating-en the dates made-and cowancestordamagetscmgeciomedie 297
foreign eurreney chal-be-converted-atine rate preveling-onthetestdeyof 298.
cicoharge-atthe-pert-or place-ef final disharge-of-suoh-damaged-eargefrom 209
Fequired:-by-the-Ownere-mustbe-furnished-befere-delivery-ofthe-geeds—Guek 301
the-pleos-of aajustmentin- the neame-ottheadiusiorpending-settementetthe 305
generataverage-end refines or oredit batenees Fenyrsheltbe padi United 309
Stetes-meney- Hire shall not contribute to General Average. 310
‘York-Antwerp Charterers shall procure that all bills of lading issued during the currency of 311
Rules the Charter will contain a provision to the effect that general average shall be 312
adjusted according to York-Antwerp Rules 1974 and any amendments 313
thereto and will include the "New Jason Clause” as per Clause 23. 314
Drydocking In the event of drydocking or other necessary measures to maintain the 315
efficiency of the vessel, defteieney-ofmenorOwnersstores-breakdewnof 316
machinery-demage-te-hultor ether aecident-either continuing for more than 12 317
consecutive hours, no hire shall be paid in respect of any time lost thereby 318
during the period in which the vessel is unable to perform the service 319
immeciately required. Any hie pad in advance shall be adjusted accordingly | 320
oF Gherler-Owners-shalt- give-Gherterers-twe-epproximate-dates-avaiiablefer 322
dy-coatsi-mantacwradvense 323
324
325
326
327
Cargo 21. Owners shall maintain the cargo-handiing gear for the duration of this 328
Gear Charter Party in a thoroughly efficient condition working simultanoously at 329
the speeds and capacity of the ship which is as follows: see Clause 28 330
331
providing gear (for all derricks and cranes) capable of lifting capacity as de- 332
scribed. Owners shall also provide on the vessel for night work sufficient lights 333
to work all hatches simultaneously as on board, bttaltadltionaliightsover 334
‘The Charterers shall have the 335
use of any gear including ropes, falls and blocks on board ofthe vessel. If 336
required by Charterers, the vessel shall work night and day and all cargo- 337
handling gear shall be at Charterers' disposal during loading and discharging. 338
In the event of disabled cargo-handling gear, or insufficient power to operate 339,
the same, the vessel is to be considered after a time of one hour off hire to the 340
extent that time is actually lost to the Charterers and Owners to pay any 341
directly related extra expenses including stevedore stand-by charges 342
‘occasioned thereby. If required by the Charterers, the Owners are to bear the 343
cost of hiring shore gear in lieu thereof in which case the vessel to remain on 344
hire, provided substitute shore equipment is capable of handling cargo at 345,
least the same rate as vessel's cranes. If a breakdown on one crane 346
‘occurs and the other cranes are continuing working only the realtime 347
behind the normal ETS which was announced latest during normal 348
‘operation has to be considered as off hire. 349,
page 6 of 21 - Charter Party mv WAF-PASSION — dd 30.09.2014
QsCrow
‘Overtime
Clauses
Paramount
New Both-to-
Blame Collision
Clause
New Jason
Clause
War
22. jnteuof any overtime payments to-otivers-and-orewterworltordered- by 350
Ghartorers-oF their agents -Gharerers- chal py Owners 351
permentorpre-rate 352
23. The following clause is to be included in all bills of lading issued 353
hereunder: 354
This bill of lading shall have effect subject to the provisions of the 355
Carriage of Goods by Sea Act of the United States, the Hague Rules, orthe 356
Hague Visby Rules, as applicable, or such other similar national legislation as 357
may mandatorily apply by virtue of origin or destination of the bills of ading 358
which shall be deemed to be incorporated herein and nothing herein contained 359
shall be deemed a surrender by the carrier of any of ts rights or immunities or 360
an increase of any of its responsiblities or liabilities under said applicable Act. If 361
any term of the bill of lading be repugnant to said applicable Actto any extent, 362
such term shall be void to that extent, but no further 363
‘This Charter is subject to the following clauses all of which are to be 364
included in all bills of lading issued hereunder: 365
If the ship comes into collision with another ship as a result of the negligence 368
of the other ship and any act, neglect or default of the master mariner, pilotor 367
the servants of the carrier in the navigation or in the management of the ship, 358
the owners of the goods carried hereunder will indemnify the carrier against all 360
loss or liability to the other or non carrying ship or her owners insofar as such 370
loss or liability represents loss of, or damage to, or any claim whatsoever of the 371
‘owners of said goods, paid or payable by the other or non carrying ship or her 372
‘owners to the owners of said goods and set off, recouped or recovered by the 373
other or non carrying ship or her owners as part of their claim against the 374
carrying ship or cartier. 375
The foregoing provisions shall also apply where the owners, operators or 376
those in charge of any ships or objects other than, or in addition to, the colliding 377,
ships or objects are at fault in respect to a collision or contact. 378
In the event of accident, danger, damage or disaster before or after 379
‘commencement of the voyage resulting from any cause whatsoever, whether 380
due to negligence or not, for which, or for the consequences of which, the 381
carrier is not responsible, by statute, contract, or otherwise, the goods, 382
shippers, consignees, or owners of the goods shall contribute with the carrier in 383
general average to the payment of any sacrifices, losses orexpenses ofa 384.
general average nature that may be made or incurred and shall pay salvage 385
land special charges incurred in respect of the goods. 386
if salving ship is owned or operated by the carrier, salvage shall be paid 387
for as fully as if salving ship or ships belonged to strangers. Such deposit as the 388
carrier or his agents may deem sufficient to cover the estimated contribution of 389
the goods and any salvage and special charges thereon shall, of required, be 390
made by the goods, shippers, consignees or owners of the goods to the carrier 391
before delivery. 392
War Risks (CONWARTIME 2004) 393
(2) For the purpose of this Clause, the words: 394
(i) "Owners" shall include the shipowners, bareboat charterers, disponent 395
‘owners, managers, or other operators who are charged with the management 306
of the vessel, and the Master; and 397
398
(“War Risks" shall include any actual, threatened or reported: 399
war; act of war; civil war; hostilities; revolution; rebellion, civil commation; 400
warlike operations; laying of mines; acts of piracy; acts of terrorists; acts of 401
hostility or malicious damage; blockades (whether imposed against all 402
vessels or imposed selectively against vessels of certain flags or ownership 403
or against certain cargoes or crews or otherwise howsoever); by any person, 404
body, terrorist or political group, or the Government of any state whatsoever, 405
which, in the reasonable judgement of the Master andlor the Owners, may | 406
be dangerous or are likely to be or to become dangerous to the Vessel, her 407
‘cargo, crew or other persons on board the Vessel. 408
age 7 of 21 - Charter Party mv WAF PASSION — dd 30.09.20141
\4{b) The Vessel, unless the written consent of the Owners be first obtained 410
shall not be ordered to or required to continue to or through, any port, place, 411
area or zone (whether of land or sea), or any waterway or canal, where it a2
appears that the Vessel, her cargo, crew or other persons on board the 413
Vessel, in the reasonable judgement of the Master and/or the Owners, may 414
be, or are likely to be, exposed to War Risks, Should the Vessel be within any 415
such place as aforesaid, which only becomes dangerous, oris likely tobe or 416
to become dangerous, after her entry into it, she shall be at liberty to leave it, 417
() The Vessel shall not be required to load contraband cargo, or to pass 418
throough any blockade, whether such blockade be imposed on all vessels, or 419
is imposed selectively in any way whatsoever against vessel of certain flags 420
‘or ownership, or against certain cargoes or crews or otherwise howsoever, or 421
to proceed to an area where she shall be subject, or is lixely to be subject toa 422
belligerent's right of search and/or confiscation. 423
(@) () The Owners may effect war risks insurance in respect of the Hull and 425
Machinery of the Vessel and their other interests (including, but not limited to, 426
loss of earings and detention, the crew and their Protection and Indemnity 427.
Risks), and the premiums and/or calls therefore shall be for their account. 428
(id) Ifthe Underwriters of such insurance should require payment of premiums 429
and/or calls because, pursuant to the Charterers’ orders, the Vessel is wi
or is due to enter and remain within, or pass through any area or areas which 431
ate specified by such Underwriters as being subject to additional premiums 432
because of War Risks, then the actual premiums and/or calls paid shall be 433
reimbursed by the Charterers to the Owners at the same time asthe next 434
payment of hire is due, or upon redetivery, whichever occurs first. 435
(€) If the Owners become liable under the terms of employmentto pay tothe 437
crew any bonus or additional wages in respect of sailing into an area which is 438
dangerous in the manner defined by the said terms, then the actual bonus or 439
additional wages paid shall be reimbursed to the Owners by the Charterers at 440
the same time as the next payment of hire is due, or upon redelivery, a1
whichever occurs first. 442
443,
(f) The Vessel shall have liberty: 444
(j) to comply with all orders, directions, recommendations or advise as to 445
departure, arrival, routes, sailing in convoy, ports of call, stoppages, 446
destinations, discharge of cargo, delivery, or in any other way whatsoever, 447
which are given by the Goverment of the Nation under whose flag the Vessel 448
sails, or other Government to whose laws the Owners are subject, or any 449
other Government, body or group whatsoever acting with the power to compel 450
compliance with their orders or directions; 451
452
(ii) to comply with the order, directions or recommendations of any war risks 453
underwriters who have the authority to give the same under the terms of the 454
war risks insurance; 455
456
) to comply with the terms of any resolution of the Security Council ofthe 457.
United Nations, the effective orders of any other Supranational body which 458
has the right to issue and give the same, and with national laws aimed at 459
enforcing the same to which the Owners are subject, and to obey the orders 480
and directions of those who are charged with their enforcement; 461
462
(iv) to discharge at any other port any cargo or part thereof which may render 483
the Vessel liable to confiscation as a contraband carrier, 484
465
(v) to call at any other port to change the crew or any part thereof or other 466
persons on board the Vessel when there is reason to believe that they may be 487
page 8 of 21 - Charter Party my WAF PASSION — dd 30.09.2014subject to internment, imprisonment or other sanctions. 468
469
(g) If in accordance with their rights under the foregoing provisions of this 470
Clause, the Owners shall refuse to proceed to the loading or disché 471
ports, or any one or more of them, they shall immediately inform the 472
‘Charlerers. No cargo shall be discharged at any alternative port without first 473
giving Charterers notice of the Owners’ intention to do so and requesting 474
them to nominate a safe port for such discharge. Falling such nomination by 475
the Charterers within 48 hours of the receipt of such notice and request, the 476
‘Owners may discharge the cargo at any sate port of their own choice. 477
(h) If in compliance with any of the provisions of sub-clauses (b) to (g) ofthis 479
‘Clause anything Is done or not done, such shail not be deemed a deviation, 480
but shall be considered as due fulfilment of this Charter Party. 481
482
ico 24, General lee Clause 483
(a) The Vessel shall not be obliged to force ice but, subject to the Owners’ 484
approval having due regard to its size, construction and class, may follow ice- 485
breakers, 486
487
(b) The Vessel shall not be required to enter or remain in any icebound port or 488
area, nor any port or area where lights, lightships, markers or buoys have 489
been or are about to be withdrawn by reason of ice, nor where on account of 480
ice there is, in the Master's sole discretion, a risk that, in the ordinary course 491
of events, the Vessel will not be able safely to enter and remain at the portor 492
area or to depart after completion of loading and discharging. Ion account of 493
ice, the Master in his sole discretion considers it unsafe to proceed to, enter 494
‘or remain at the place of loading or discharging for fear of the Vessel being 495.
frozen in and/or damaged, he shall be at liberty to sail to the nearest ice-free 496
and safe place and there await the Charterers' instructions. 497
498
(c) Any delay or deviation caused by or resulting from ice shall be for the 499
Charterers’ account and the Vessel shall remain on hire. 500
501
(2) Any additional premiums and/or calls required by the Vessel’s underwriters 502
due to the Vessel entering or remaining in any icebound port or area, shall be 503,
for the Charterers' account. 504
505
Navigation 25. Nothing herein stated is to be construed as a demise of the vessel to 506
the Time Charterers. The Owners shall remain responsible for the navigation 507
of the vessel, acts of pilots and tug boats, insurance, crew and all other 508
similar matters, same as when trading for their own account. 509
Commissions 26, A-commission-of ————pereentis-payable-by the 510
‘vessetand-Owners-to-on-hire-camec-ancpeicunderthis-Gherter-encetse 511
wper-any-continualion-orextoncion-of-thie-Chartor 512
Address 27. Arreddress-eommicsion-ot ———pereentie peyablete-en-hire-eamed 513
end-paid-under-this-Charter- 514
515
Rider Rider Clauses 28 to 68 as attached hereto are incorporated into this Charter. 516
517
518
519
520
page 9 of 21 - Charter
fe 3:shalt procure that this Clause shall be incorporated into all sub-charters and Bills
jsusd pursuant to this Charter Party.
67. Bunker Fuel Testing
‘Owners have a contract with Viswan fuel testing program. The cost of USDollar 200,00 plus courier
charges per analysis will be shared with Charterers basis 60 : 60. The analysis report is also to be
shared betwoon Owners and Charterers.
68.P.&C Clause
‘The fixture is to be kept strictly private and confidential by all parties concerned.
page 21 of 21 - Charter Party mv WAF PASSION ~ dd 30.09.2014
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