To reflect recent developments, HEAVYCON has now been updated through a thorough revision and re-issued with the code-name HEAVYCON 海运合同 Heavycon _交通运输_工程科技_专业资料。HEAVYCON First published Revised 1. Place and date of Contract. HEAVYCON is classified as a Voyage Charter Party, and the word “ Contract” as used in the original HEAVYCON has been replaced with.
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The result is a modern and comprehensive voyage charter party tailored to the specific needs of the heavylift sector. Verbal notices should be followed up as soon as practicable with a written confirmation.
However, the freight rate needs to be adjusted to take into account of the cost of tolls saved. If the Charterers fail within 48 running hours, Sundays and holidays included, to make such nomination or agree to reckon laytime as if the port named in the Charter Party were accessible or declare that they cancel the Charter Party, the Owners shall have the option of cancelling the Charter Party.
In the case of a dispute in respect of which arbitration has been commenced under ab or c above, the following shall apply: Since there is a need for a provision dealing with delays caused by the Owners, Clause In the midsized sector, e.
Demurrage claim under HEAVYCON 2007
It is therefore important that the parties agree on which loading and discharging method shall apply and indicate their choice in Part I Box 8 for loading and Box 9 for discharging operations. Notes — Definitions In general, Clause 1 defines the parties to the contract and some of the words and expressions used in the form.
The free time at the Loading Port shall start counting when notice of readiness has been tendered, in accordance with Clause 10 Notice of Readinesswhether in berth or not, unless loading has commenced earlier and shall count until the Cargo is in all respects fully seafastened on board the Vessel and approved by the Marine Surveyor s.
The trailer, intended to be used to transport the reactor from the jetty to the construction site, suffered serious damage, as did the jetty itself. Notes — Voyage 2. However, in the very rare cases where Cargo may be shipped under deck, both Sub-clauses contain suitable provisions takes into account such cases.
If the Charterers fail to make such declaration within 48 running hours, Sundays and holidays included, of the Master or Owners having given notice to the Charterers, the Master may proceed without further notice to the nearest safe and accessible port and there discharge the cargo.
Explanatory notes to HEAVYCON
Demurrage rate per day Cl. If Box 15 has not been filled in the Charterers and the Owners shall agree on the appointment of Marine Surveyor s acceptable to the cargo underwriters. The replacement means that the bunker price s should no longer be the price s in force on the date of the Charter Party but simply the price s specified in Part I. This will facilitate easier reading and understanding of the Clause, If the Vessel discharges all of her cargo within an area subject to additional premiums as herein set forth, the Charterers shall reimburse the Owners for the actual additional premiums paid which may accrue from completion of discharge until the Vessel leaves such area or areas referred to above.
200 practice, loading operations start before the 6 running hours have expired, because both parties want the process to finish as quickly as possible, and there is no need to wait 6 hours before free time starts counting. The reactor, valued at around USD 8 million, suffered external damage.
It was adopted by the Documentary Committee at its meeting in Copenhagen November Notes — Quarantine The provisions clarify the responsibility as between the parties for time lost as a result of quarantine formalities or imposition of health restrictions.
All information and data provided by a party is ueavycon shall remain the 0207 of that party. The arbitration procedure shall continue during the conduct of the mediation but the Tribunal may take the mediation timetable into account when setting the timetable for steps in the arbitration. Notes — Interest The Clause gives a contractual right to claim interests if sums due are not paid when due. When there is no enactment of the Hague-Visby Rules in either the country of shipment or in the country of destination, the Hague-Visby Rules shall apply to this Contract save where the Hague Rules as enacted in the country of shipment or if no such enactment is in place, heayvcon Hague Rules as enacted in the country of destination apply compulsorily to this Contract.
Heavy lift cargoes – The bigger they are, the harder they fall
If Box 15 has not been filled in the Charterers and the Owners shall agree on the appointment of Marine Surveyor s acceptable to the cargo underwriters. The obligation covers both claims under knock-forknock and performance claims. Notes — Agency This is a standard clause giving the Owners the right to appoint the agents at ports of loading and discharge. In this event the Owners shall be entitled, if the total extra distance exceeds miles, to additional freight which shall be the same percentage of the freight contracted for as the percentage which the extra distance represents to the distance of the normal and customary route.
If it should so appear, the Owners may by notice request the Charterers to nominate a safe port for the discharge of the cargo or any part thereof, and if within 48 hours of the receipt of such notice, the Charterers shall not have nominated such a port, the Owners may discharge the cargo at any safe port of their choice including the port of loading in complete fulfilment of the Charter Party.
This is considered both more appropriate and 207. Under this doctrine, claims arising out of the contracts binding on parties personally are not subject to limitation of liability.
It also provides for the parties to mediate on all or just some of the issues being arbitrated. Finally, the distinction between the 20077 with an interest in the vessel and the parties with an interest in the cargo is clear, including sub-contractors and personnel employed by the parties.
The Yeavycon shall be entitled to recover from the Charterers the extra expenses of such discharge and, if 20007 discharge takes place at any port other than the loading port, to receive the full freight as though the cargo had been carried to the discharging port and if the heavycoh distance exceeds miles, to additional freight which shall be the same percentage of the freight contracted for as the percentage which the extra distance represents to the distance of the normal and customary route, the Owners having a lien on the cargo for such expenses and freight.
The Owners shall have the right to use such workboats and tugs for the loading operation. For the above reasons, specialised heavy lift vessels are subject to the special terms of cover, described in Rule 60 2 of Gard’s Rules, which reads:.
A party wishing to refer a dispute to arbitration shall appoint its arbitrator and send notice of such appointment in writing to the other party requiring the other party to appoint its own arbitrator within 14 calendar days of that notice and stating heavycom it will appoint its arbitrator as sole arbitrator unless the other party appoints heavyccon own arbitrator and gives notice that it has done so within the 14 days specified.
Since there is a need for a provision dealing with delays caused by the Owners, Clause Mobilisation charge if agreed, state lump sum amount Cl. The arbitration procedure shall continue during the conduct of the mediation but the Tribunal may take the mediation timetable into account when setting the timetable for steps in the arbitration.
When the Hague-Visby Rules are not enacted in the country of shipment, the corresponding legislation of heavycoj country of destination shall apply, irrespective of whether such legislation may only regulate outbound shipments. The contract must also stipulate that in respect to those losses or liabilities for which it has assumed responsibility, the party shall correspondingly indemnify the other against any loss or liability that party may incur.
All other equipment shall be provided by the Charterers. In such case, the Heavcyon shall have the option of keeping the Vessel waiting until the port is accessible against paying compensation in an amount equivalent to the rate of demurrage or of ordering the Vessel to a safe and accessible alternative port. Notes — Freight If the Charterers fail to nominate such alternative port, the Vessel may proceed to the nearest safe and accessible port and there discharge the remaining heabycon.