CHARTER AGREEMENT
Article 1- Part 1 ;
Ship broker
Place and date
The transport/commercial center (Kl.1)
Vehicle/commercial center (Kl.1)
The name of the ship (Kl.1)
GT/NT(Kl.1)
Summer line load capacity over M/Ton – dwt (Kl.1)
As of the moment, the location of the ship (Kl.1)
Estimated date of readiness for installation (Kl.1)
The port or place of loading (Kl.1)
The port or place of discharge (Kl.1)
Load (if agreed, specify the amount and share in the carrying option; if full and sufficient load is not agreed, set a “partial load” record) (Kl.1)
The amount of freight (indicate whether the freight will be paid in advance or upon delivery of the cargo (Kl.1)
Freight payment (please specify the type of currency payment, beneficiary and bank account number (Kl.1)
If the ship’s cranes are not to be used, indicate this (Kl.1)
Fill in a) and b) if the individual times for loading and unloading have been investigated, fill out only c) if the total time for loading and unloading has been decided (Kl. 6)
(a) Delivery time for loading
(b) Delivery time for unloading
(c) The total time for loading and unloading
Business center (Kl.6)
The Agent (Loading) (Kl.6)
Agent (Unloading) (Kl.6)
The amount of the deposit-the form of payment (loading and unloading) (Kl.7)
Date of termination (Kl.9)
The place where the joint idler apportionment will be held (Kl.12)
Freight tax (if it is on the carrier’s account, indicate it) (Kl. 13c)
The broker’s commission and to whom it will be paid (Kl.14)
Subject to law and arbitration (Kl.indicate which of the 19 (a), (b) or (c) subparagraphs has been selected; (c) if accepted, indicate the place of arbitration) (if not completed, 19 (a) will be valid (Kl.19)
Indicate the ceiling amount in terms of limited compensation/abbreviated arbitration (Kl.19)
Additional clauses october to special rules, if agreed
In this document, in which the contract consists of 2 parts, it was mutually agreed that it will be executed in accordance with the written conditions. In case of contradiction and limited to contradiction 1. The terms contained in Section 2. They have the upper hand according to the conditions in the section.
The Carrier’s Vehicle
Signature Signature
1.5. his name’s on the box, 6. Gros and clear tone in the box, 7. Summer load-bearing capacity over metric tons per box, 8. With his current position in the box, he is 9th. 3. The ship in the box indicates the estimated date when it will be ready for loading in connection with the contract. 4. With the bearer whose name is mentioned in the box. The following points have been agreed between the vehicles shown dec the box.
10. As soon as the previous commitments are fulfilled, the said vessel will be delivered. 12. The carrier is obliged to deliver the goods by going to the nearest place here, provided that they can reach the loading port(s) or berth(s) specified in the box, or safely and always remain floating. 11. In accordance with the instruction given at the time of signing the bill of lading, the person who will receive and load the full and sufficient load specified in the box (if agreed, the risk and responsibility for the deck load belongs to the carrier) and in all respects. The unloader shown on the box will deliver the cargo by going to the nearest place here, provided that it can reach the uman (uman) or the berth (berth) or safely and always remain floating.
Article 2- Liability clause of the carrier ;
The carrier is only liable for damage, damage or delay in delivery if he or the manager assigned to him or her does not take the necessary care to make the ship seaworthy in all respects, throw icing, provide fuel, oil and food supplies, find the ship’s people as necessary, or if there is a personal defect or negligence of him or the manager assigned to him or her.
But for any other reason, or even the captain or other crew members responsible for the actions of the carrier in respect of this term that is the fault of the other person on the ship or on shore that are employed during the loading of the vessel or the negligence or or badness of the sea or at the beginning of the journey at any subsequent time due to damage from occurring-even has the responsibility of the carrier for damage or delay.
Article 3- Deviation clause ;
The ship is free to make a deviation for the purpose of stopping at any port or ports without any order for any reason, watching without a guide, towing or assisting another ship and saving lives and/or property.
Article 4- Payment of freight;
(a) Freight in exchange for the cargo taken on board 13. It is calculated on the unit in the box.
(b) Advance payment: Freight, 13. If it is to be paid after loading in accordance with the box, it will be considered accrued and will not be refunded whether the ship has suffered loss and/or not.
A receipt containing a record of advance payment of freight from the carrier or its agent may not be requested, unless it has actually been paid.
(c) Payment on delivery: 13. The freight that will be paid at the port of arrival in accordance with the box, or part of it, will not be accrued until the cargo is delivered. In such a case, despite the provision in (a), the carrier is notified before the ship docks, and if the weight/amount of the cargo is determined by an official weighing or a joint water cut measurement or scoreboard, the carrier may pay the freight over the delivered weight/amount.
If requested, it gives an advance advance payment at the highest daily exchange rate for the usual expenses of the carrier at the port of loading, provided that it is october additional one percent … (% …) to cover insurance and other costs.
Article 5- Loading/unloading ;
(a) Costs/Risks
It brings, loads, stacks and/or fixes the load from the carrier without any risk, responsibility and expense to the carrier, holds, fixes and/or immobilizes the scoreboard, and picks it up and unloads it from the warehouse. The carrier is responsible for the removal of the support icing after unloading the cargo transported in accordance with this agreement and pays the costs incurred on the basis of this reason, and the time count continues until the removal of this icing.
(b) Cranes
It has been agreed that cranes will not be used unless the ship is without a crane, and this is 15. Unless specified in the box, the carrier will have the ship’s cranes used during the loading/unloading activities, without any provision, and provide the necessary energy for this. The cranes will be operational. The time lost due to crane failure or power failure – in proportion to the total cranes required for loading/unloading in accordance with this agreement – is not counted from the starya and sürastarya time, unless it is caused by the fault of the hoarders. If requested, the operator will supply cranes for use from among the carrying crew, without any provision, dec requested. If local legislation prevents this, workers provided from the coast will work on the vehicle’s account. jul. Crane operators operate at the risk and responsibility of the carrier, and are considered to be the co-owner of the carrier as a hoarder, while they are always under the supervision of the captain.
(c) Damages caused by hoarders
The carrier is responsible for damage caused by hoarders to any part of the ship (which cannot be considered normal wear and tear). However, the carrier cannot be held responsible if the captain does not report such damage to the carrier as soon as possible or to his agent and hoarders. The captain will endeavor to obtain from the hoarder a written document of acceptance of responsibility.
Any hoarder from the carrier is obliged to repair his damage before the completion of the expedition, and the hoarder who affects the seaworthiness or class of the ship must repair his damage before the ship leaves the port where it occurred or was determined. All additional costs incurred for this reason belong to the carrier, and the carrier will pay the carrier in the speed october unit due to lost time.
Article 6- Duration of campaign ;
(a) Free-standing delivery time for loading and unloading:
If weather conditions permit, the load is 16. It is loaded and unloaded in the number of uninterrupted days/hours specified in the box. If it is operated on Sundays and holidays, the time used will be counted, otherwise the days will not be taken into account.
(b) Joint delivery time for loading and unloading:
16. Load if weather conditions permit. It is loaded and unloaded in the number of uninterrupted days/hours specified in the box. If it is worked on Sundays and holidays, the time used will be counted, otherwise these days will not be taken into account.
(c) The beginning of the campaign period (loading and unloading):
Starya time preparation notice time ….. if given until the hour …. e, it’s time …..if it is issued within working hours after den, it will start at 0…..the next working day. The name of the notification at the port of loading is 17. The installer written on the box, if there is no name here, will move it, and the name is 18. To the agent written on the box; to the person who sent the notification at the port of unloading, if this is not known, to the carrier and his name is 19. It is made to the agent located on the box.
If all the docks here are busy at the time the ship reaches the port of loading/unloading or its limit, the ship may issue a notification of readiness within working hours, regardless of whether it is in free practice or not, whether customs clearance has been completed or not. If the captain declares that the ship is actually ready for loading/unloading, the starya and sürastarya times work as if the ship has docked and is ready for loading/unloading in all respects. The time taken to reach the pick-up from the waiting place will not be counted from Starya.
If, at the end of the audit, it is determined that the ship is not ready for loading/unloading, the time from this moment until the ship is ready again will not be counted from starya.
The time used before the start of the campaign period joins the count.
in the box, specify which of the alternatives (a) and (b) is selected.
Article 7- Speedboat ;
The surcharge at the port of loading and unloading, which will be paid by the carrier, is 20. It is calculated in proportion to the unit specified in the box and as indicated here per day or for any fraction of the day. The invoice for the surcharge that will be accrued per day is paid when it reaches the carrier, otherwise it is uninterrupted in writing to the carrier …. he gives a warning to make a payment within the hour. At the end of this period, if the surcharge has not been paid, if the ship is at the port of loading or is waiting outside this port, the carrier has the right to terminate the contract at any time and claim damages incurred in this way.
Article 8- Pledge clause ;
The carrier has the right of pledge over all sub-transport freight payable for freight and freight, including dead-freight, surcharge, compensation rights for damages incurred and costs incurred for collecting them due to all amounts accrued in accordance with this agreement.
Article 9- Termination clause ;
(a) Ship 21. If it is not ready to load on the termination date written on the box (whether it has docked or not), the carrier has the right to terminate this agreement.
(b) If the carrier believes that the ship may not be ready to load on the date of termination despite due diligence, it shall notify the carrier of the estimated date on which the ship will be ready to load without delay and ask if it will exercise its right to terminate and accept a new termination date.
The carrier will exercise its right of choice in this regard within an uninterrupted hour from the date of receipt of the carrier’s notification. If the carrier does not exercise the right of termination, this agreement shall be deemed to have been amended and the date following the estimated date of preparation for loading specified in the carrier’s notice ….. the day is considered the date of the new termination.
The rule in the lower compartment (b) works only once, and in case of further delay of the vessel, the carrier has the right to terminate this agreement in accordance with the lower compartment (a).
Article 10- Congresses ;
Contracts are drawn up using the 1994 version of the “Congenbill” form, without prejudice to this agreement, and are signed by the carrier’s agent (this document is also sent to the carrier), provided that the captain or carrier has provided a certificate of authorization in writing. In case of expansion or change of the contractual liability of the carrier due to the content and terms of the contracts signed by the carrier, as well as for any consequences and liability arising in connection with this, the carrier shall indemnify the carrier.
Article 11- Joint liability clause in the contract ;
Another ship with the ship’s captain, ship Man, The Technical Guide or the auxiliary carrier, defects or omissions in the administration or of individuals, as well as other catisirs due to the defect of the ship; it carried the burden of the parties concerned in connection with this Agreement, at a rate of harm or damage, the other ship was paid or to be paid to them after buzlanmal and it is going to ship or their request or other buzlanmal or offset as part of the load-carrying vessel or its buzlanmal will assume all liability and indemnify all losses and damages that they collected.
The above provisions also apply to the carrier, operator or authorized persons of any other ship or ships or objects that cause october or contact with defects other than or in addition to the conflicting ships.
Article 12- Joint idler and new jason toilet ;
Joint idler apportionment, otherwise 22. Unless agreed in the box, it is made in London and according to the York-Antwerp Rules of 1994 or a later form of these rules. The share of general expenses falling on the cargo is paid by those related to the cargo, even if these costs are caused by a defect or negligence of the carrier’s auxiliary persons.
If the joint idler apportionment is to be carried out according to American law and practice, the following toilet bowl will be operational. Before or after the start of the trip; if an accident, danger, damage or disaster occurs, the carrier will share with the carrier all the sacrifices, losses and expenses of a joint idler that will be made or made, and pay the recovery-assistance fee and special costs that fall on the share of the cargo. If the salvaging vessel belongs to or is operated by the carrier, the salvage-assistance fee will be paid in full as if this vessel or the vessels belong to a foreign person. If requested, the approximate participation share that will fall on the load, the recovery assistance fee and the amount of collateral that the carrier or its agent deems sufficient in terms of special costs will be provided by the owner of the load, the load, the cargo sent or the cargo before delivery.
Article 13- Tax and duty clauses ;
(a) Those belonging to the ship: Regardless of how the amount is determined, the carrier pays all fees, costs and taxes that fall on the ship according to the customs, regardless of the amount.
(b) Those belonging to the cargo: No matter how the amount is determined, the carrier pays all debts, expenses and taxes that fall on the cargo according to the customs, regardless of the amount.
(c) Freight belonging to: 23. Taxes on freight are paid by the carrier, unless otherwise agreed in the box.
Article 14- Agency ;
In any case, the carrier can determine its own agent for both loading and unloading ports.
Article 15- Commission fee ;
24 Of the eligible freight, dead freight and surcharge. The rate specified in the box will again be paid to the party specified here as a commission fee. If the contract is not executed, the party that caused it must pay the broker an estimated amount of freight in exchange for costs and labor of at least / the commission fee that falls on the estimated amount of freight.. ini will pay. In cases where more than one trip is involved, compensation is mutually determined.
Article 16- General strike clause ;
(a) from the last port where the ship is located at the time you are ready to go down to the loading dock or loading or the port or ports at any stage of the journey to the ship arrive at the port of loading of a ship or of part load instantly strike or lockout is to be taken to the de facto blocked or affected due to the strike or lockout without captain or don’t like carrying tasitand days starya may want to announce that we will accept. The carrier will do this in writing (by telegram, if necessary) …. if it does not notify within the hour, the carrier has the right to terminate this agreement. If part of the cargo is loaded, the carrier must start the expedition with this cargo, (the freight is paid only for the amount loaded), but he has the right to receive other cargo on his own account on the way.
(b) The actual unloading of the cargo or part of it as soon as the ship reaches the port of unloading or its limit is affected or prevented by a strike or lockout, and this is the case …. terminated within hours if half the demurrage fee after the period starya tasitani offload the ship, strike and lockout until it is completed after the end of offloading the work of strike or lockout full demurrage pay the fee with the condition that the strike or lockout or to wait until the end or the captain to report a state of the carrier from tasitana …. it has the right to send cargo to a safe port where it can be safely unloaded without the risk of a strike or lockout within an hour. If the cargo is delivered to such a port, the same amount of freight will be accrued as if the unloading was carried out at the original port, without prejudice to the terms of the contract and the contract. The distance to the port determined later…. if it is more than a nautical mile, the freight accrued on the cargo delivered here is increased at this rate.
Article 17- Risks of war (*Voywar 1993″) ;
(1) This toilet seat
(a) The term ”carrier” also includes the icebreakers, the ship’s operating contractor, the sub-carrier, the operator and other persons related to the management of the ship, and the captain.
(b) “war risks”, the term captain and/or reasonable according to the decision of the carrier, vessel, cargo, crew, and ship hazardous or dangerous to the other parties in any dangerous or that may become able to be in terms of individual, community, a terrorist organization, government or any political level and in the shape a group which is located at the side (which is actually a threat to existing or start () with all kinds of war-war movement, civil war, hostile attitude, revolution, insurrection, internal reciprocity, war-like act, (actually available or reported found) mine laying, piracy, hostile or malicious act, (applied against all ships or ships carrying certain flags, owners or certain cargoes or crews of certain nationality) includes a blockade.
(2) at any time before the captain of the ship begins to load and/or the fulfillment of this contract at the reasonable discretion of the carrier, vessel, cargo, crew or other parties faced with the risks of war if you leave the ship, carrying can be found in the termination notice, or ships, cargo, crew or other parties faced with the risks of war on the ship, which may or may refrain from discharging, it may leave partial leave; however, if a region is selected through the port loading or unloading in accordance with this contract, or the ports in the specified port tasitani the vessel, cargo, crew or the ship, or of the other parties likely to remain to be faced with the costs of the war, in the presence of the bearing in terms of the region in question from any other tasitand without first loading and unloading might want to specify the secure port, and that the agreement, however, this demand from the date of receiving tasitana …. it will be able to terminate it if a safe harbor or ports have not been determined within the hour.
(3) after the start of Installation, or at any subsequent stage, vessel, cargo, crew or captain of any of the persons on board and/or reasonable according to the decision of the carrier, one of the dangers in the first clause is determined to meet with the chance arises, in case he didn’t have to sign konismento continue with the installation and carrying himself, as the ship journey to begin, or to continue a part of it, for this purpose pass through any channel or Strait or any port or place, or will not be required to continue to stay here. In such a case, the carrier asks the carrier to designate a port that is safe for unloading the cargo or part of it, and after it reaches the carrier …. if the carrier does not determine such a port within the hour, the carrier may unload the cargo at any other port of its choice (including the port of loading) in the sense of absolute performance of this contract of carriage. Bearing the additional costs to evacuate in the manner specified for loading freight moved to a port different from the port the discharge port as specified in the contract with the port of discharge of a contract between the freight and the actual full discharge port is a difference of more than a mile (if contractual journey/additional travel distance, the freight rate is determined by the application of additional travel-related goods and at the same time to clear the right to require specified Load shall be entitled to contractual pledge to facilitate the collection of items.
(4) at any stage after installation is emptied, the captain and/or reasonable according to the decision of the carrier, vessel, cargo, crew or other parties on board, which will be used for the purpose of fulfillment of the contract () sore or channel crossings, including the normal and usual in any part of the route with the chance to meet the dangers of war and the emergence of alternative route to the port of unloading, which is longer carrying the route to the use of tasitana tells. If the distance is more than the total additional miles as a result of this, carrying additional travel-related (contractual journey/additional travel distance, the freight rate is determined by the implementation of) are entitled to the freight.
(5) Ship,
(a) that is subject to the laws of the carrier was carrying the flag or the government or the state government or any other authority or instruction or as a substitute for advice from a qualified discharge port of the group to ensure that they are brought to be addressed empt or delay, or their instructions or recommendations about how to go to another port, including the fulfillment of the contract of the ship during loading/unloading activities will be located for the purpose of execution of the ports or ports may suffer during the journey, to comply with all orders, instructions or recommendations given on issues such as the route it will use and the regions it will pass through;
(b) To comply with all orders, instructions or recommendations of insurance companies authorized in accordance with the terms of insurance against war risks;
(c) to comply with all decisions of the United Nations Security Council, all instructions of the European Community, all orders of any other supranational authority authorized to do so, state legislation that the carrier is subject to and must comply with in terms of its fulfillment, orders and instructions of other bodies charged with enforcement,
(d) Unloading all or part of the cargo that may cause the ship to be confiscated due to smuggling at any other port;
(e) Stopping at any other port for the purpose of changing the ship’s personnel or some of them or other persons on board who are expected to face detention, imprisonment or other sanctions;
(f) In cases where the cargo is not loaded or unloaded by the carrier in accordance with any provision of this toilet, to take another load on the carrier’s account and to transport it to other ports or ports located outside the normal and customary route or located in the opposite direction
he’s free to talk about it.
(6) This is between the toilet bowl (2) and (5). if any aspect has been fulfilled or not fulfilled as a result of complying with the rules between the paragraphs, this will be considered a decency, not a deviation, but a proper performance of this agreement.
Article 18- General ice toilet ;
Port of Loading
(a) If it is not possible to enter here due to icing at the time when the ship is ready for its journey from the last port where it is located to the port of loading, or at any time during the journey, or when the ship reaches the port of loading, or if icing begins after the ship reaches it, if there is a concern of frost, the captain is free to leave here without taking the load, and in this case the contract is invalid.
(b) according to the officer during the installation of the ship to prevent it from being stuck due to ice in the harbour with the amount that can be installed if you need to leave the harbor, and leave him to move to any other port or ports in the vacant places-bearing to any port or ports in order to take into account the load is free to go. Without prejudice to the other terms of the contract, in October for freight calculated according to the amount of cargo delivered (the rate in the case of lump-sum freight), the partial cargo received in accordance with this contract is delivered to the place of arrival, including the costs belonging to the ship and without additional costs from the carrier.
(c) if more than one loading port is closed due to the ice and some of them, the captain on the port that is carrying a load or partial load in (B), as specified in the vacant places-bearing taking into account the full load or open the shipper in the port he is willing to pay the freight, if not to declare the contract null and void free.
Port Of Discharge
(a) If the ship cannot reach the port of unloading due to icing, the sender must keep the ship waiting until it is opened for a surcharge or notify the captain or carrier of the icing condition …. it has the right to send the cargo within the hour to a safe and immediately accessible port, where it can be safely unloaded without the danger of icing.
(b) According to the captain, if it is necessary to leave the port with the remaining amount to prevent the ship from being stranded in the port due to icing during unloading, he is free to leave here and go to the nearest accessible port where the cargo can be safely unloaded.
(c) If the cargo is delivered to such a port, a separate amount of freight will be accrued as if the unloading was carried out at the original port, without prejudice to the conditions in the contract. The distance to the port determined later…. if it is more than a nautical mile, the freight accrued on the cargo delivered here is increased at this rate.
Article 19- Law and arbitration subject to ;
(a) This agreement….. If a dispute arises out of this agreement……. in connection with the arbitration legislation of the date or their legally amended version or the legislation that replaces it……… it will also be subject to arbitration procedure. If the parties cannot agree on a single arbitrator, each party will choose an arbitrator, and the arbitrators so determined will choose a third arbitrator, so the decision made by a three-person panel or a decision that will be made by a majority will be final. As of the receipt of a written statement by one party stating that it has determined the arbitrator, the other party …. he will determine his own arbitrator within the day, otherwise the decision made by the only designated arbitrator will be final. Compensation requested by any of the parties 25. If it does not exceed the amount specified in the box, arbitration ….. It will be held within the framework of the limited compensation procedure regulated by the Association of Maritime Arbitrators.
(b) this agreement ………………………………………………. shall be subject to and shall be interpreted accordingly, in the event of a dispute arising out of this agreement, the subject ………. each party shall designate an arbitrator, and the third shall be chosen by the arbitrators appointed in this way, the decision or majority decision made will be final, and this agreement will be considered by the court during the execution of the decision. The rules of procedure of the Association of Maritime Arbitrators shall be followed. Compensation requested by any of the parties 25. If it does not exceed the amount specified in the box, the arbitration will be conducted in accordance with the abbreviated arbitration procedure regulated by the Association of Maritime Arbitrators.
(c) Any dispute arising out of this agreement 25. Arbitration is subject to arbitration in the place indicated on the box and in accordance with the rules of procedure applicable here. 25. The legislation of the place indicated on the box applies to this agreement.
(d) 25th. If the first part of the box is not filled, this clause (a) of the toilet bowl applies.
(a), (b) and (c) are alternatives, and 25. The box shows which one is accepted.
If there is no information in the first part of the box, this condition will lose its validity, but the other conditions of this toilet bowl will continue to have their effect in all respects and will remain valid.
Name and surname of the carrier Name and surname of the carrier
Signature Signature
Cachet Cachet
