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.
This Clause, which is self-explanatory, is an optional clause and therefore only applicable if Box 28 is filled in. The provision should be seen against the background that, under a barge bareboat bargehirr, the Owners have no influence on, nor are they responsible for, the management and the operation of the barge.
Clause 11 – Inventories and Consumable Oil and Stores This Clause provides for the drawing up of inventories and the taking over of consumable oil and stores at delivery and redelivery.
A distinction has been made between claims for damages caused by late delivery of the barge and, those caused by non-delivery resulting in subsequent cancellation of the charter. The last paragraph bargehirf an obligation for the Charterers to inform the Owners of incidents occurring to the barge. Hence, it has been stipulated 4 in sub-clause a that the Charterers shall keep the Owners advised of the intended employment of the barge.
Similarily, subclauses 16 ii g to 16 ii i duly reflect the contents of sub-clause 16 i. Sub-clause 7 c states that, unless the late delivery is caused by gross negligence or wilful default by the Owners, the compensation referred to in this Clause shall be the Charterers’ sole financial remedy for damages arising out of the late delivery.
Reference is made to the observations made under Clause 5 Substitution.
Therefore, the purpose of this Clause is to ensure that, during such specialised operations which may pose a certain danger to the barge, a qualified ballast engineer is used. It was envisaged that the provisions of such a charter could largely be based on the terms and conditions of the BARECON 89 Standard Bareboat Charter but suitably adapted to meet the special requirements of barge chartering. However, it is possible and usual for the barge bareboat Charterers to be Co-assured on the Owners’ insurance policies and sub-clause 16 i a accordingly provides for this.
Notwithstanding the observations made under sub-clause 16 iit has been felt useful to also cover the possibility, which may arise from time to time, in particular regarding long-term barge bareboat charter parties, that the Charterers are responsible for arranging and paying insurance against marine, yar, and protection and indemnity risks.
This Clause provides for the drawing up of inventories and the taking over of consumable oil and stores at delivery and redelivery. For all the latest market analysis on global shipping including macro economics, tanker, container and dry bulk.
Maritime Files – Standard Barge charter party BARGEHIRE
Lines are open Read the latest edition now Read previous digital issues. 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. This latter approach has been chosen in order to avoid possible dispute as to the current bargehige rate. It is important to baggehire that the ballast engineer is under the supervision of the Charterers and shall be deemed to be a servant of the Charterers.
Contracts of afreightment 4. The number of days’ notice to be stated in Box 18 is then ” days”, and the delivery period also to be stated in this box is “60 days”.
Sub-clause 16 i In the bareboat chartering of barges, and contrary to what is usually the case as regards bareboat chartering of bargehirre, it is practice that the Owners arrange and keep the barge insured for marine, war, and protection and indemnity risks.
According to this Clause, the Charterers undertake not to employ the barge under terms which are not in conformity with the terms of insurance without first having obtained the consent to such employment from the insurers. 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 to deliver the barge resulting in claims made against the Charterers by third parties.
The exception of gross negligence and wilful misconduct has been introduced in order bargehjre 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.
Clause 12 – Inspection This Clause gives the Owners a right to inspect or survey the barge throughout the charter period, and it also provides for an equitable allocation of costs in connection herewith.
If so, the Charterers bargshire the request of the Owners shall apply to their insurers to include the Owners’ nominated principals as co-assured. The Bulletin is a digital quarterly magazine containing all the best comment, analysis and information digests from BIMCO.
Clause 23 – Lien This is the usual lien clause granting the Owners and the Charterers a lien for their respective claims against each other.
If, in the next line of the notification schedule, “90 days” and “15 days” have been specified, the Charterers shall, 90 days prior to 1 April,narrow down the delivery bargehure to 15 days, for instance 15 April to 30 April, Consequently, there is no question of the barge becoming off hire, for instance, for time used for repairs and according to sub-clause 16 ii e the time on hire thus runs unabated in such events.
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.
The equitable approach adopted provides that if the changes which have become necessary, cost more than 5 per cent of the barge’s marine insurance value the charter shall become renegotiated. In particular, in case of short-term charters it has not been felt appropriate that bargehirr of class should always fall upon the Charterers.
You will now receive updates about contracts and clauses. Clause 2 – Period of Charter Party Sub-clause b provides the Charterers with the right to extend the charter party by up to bargehiire of the agreed charter period or 45 days, whichever is the lesser.
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.
Bargehire Standard Barge Charter Party with Explanatory Notes – Google Books
bargehirs The purpose of this Clause is to prevent the Charterers from financing their operation by offering suppliers a maritime lien on the barge.
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 is the usual lien clause granting the Owners and the Charterers a lien for their respective claims against each other. In this example, therefore, and in order to comply with this provision, the Charterers, on 1 February,narrow down the delivery period to I March to 30 April, However, realising the importance of striking a fair balance between the Owners’ and the Charterers’ rights and obligations, it was nargehire to make the provisions concerning redelivery reflect the provisions regarding delivery Clause 7 – Cancellinghowever with a slightly different mechanism.
Stay up to date? Clause 16 – Insurance, Repairs and Classification 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, war, and protection and indemnity risks. Sale and purchase 9. Bargeire is of major importance for the Charterers’ use of the barge, in particular within the offshore industry, that the details of the barge provided by the Owners are accurate.
This will also enable the Owners to reconsider the financial implications of the substitution.