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 developments within the heavylift beavycon, which initiated the drafting of HEAVYCON, has since continued at a great speed with more types of cargoes and vessels tailor made for the various cargoes coming on to the market. It was adopted by the Documentary Committee at its meeting in Copenhagen November Besides of bringing up to date the terms and conditions of HEAVYCCON hdavycon reflect current commercial practice, the task of the drafting team has been to decide the applicability of the form to current trade practices in the industry.
The drafting team has aimed to make the HEAVYCON a suitable contract for the ocean carriage of heavy lifts, having sufficient flexibility to cover various loading and discharging methods, single or multiple loading and discharging ports, on or under deck stowage, entire or complete cargoes etc. There are, however, various points by which the midsized sector distinguishes from the super-heavylift sector, and which make HEAVYCON less appropriate to the midsized sector.
In the midsized sector, e. A form for the midsized heavy lift sector is therefore under development by a separate drafting team. The heavcyon process has been thoroughly with several meetings.
The drafting team has gone through every single provision of the original HEAVYCON to make sure that its provision are brought up to date with current commercial practice.
The result is a modern and comprehensive voyage charter party tailored to the specific needs of the heavylift sector. Part II of the form contains the main terms and conditions of the agreement. Additional clauses, if necessary, can also be added using idea — either from the built-in library of BIMCO standard clauses or from the users own uploaded library of clauses.
Finalised documents can be e-mailed as a PDF file along with other attachments to chosen recipients. Definitions In this Charter Party the following words and expressions shall have the meanings hereby assigned to them. Notes — Definitions In general, Clause 1 defines the parties to the contract and some of the words and expressions used in the form.
Heavy lift cargoes – The bigger they are, the harder they fall
The Scope of Work divides these other operations between the parties. To avoid any conflicts between the Scope of Work and Part II, a box has been added in Part I indicating the default position in case of a conflict. Voyage a It is agreed between the Hezvycon and the Charterers that, subject to the terms and conditions of this Charter Party, the Cargo shall be transported by the Vessel from the Loading Port, or so near thereto as she may safely get and lie always safe and afloat, to the Discharging Port, or so near thereto as she may safely get and lie always safe and afloat.
The Owners shall perform the voyage with due despatch unless otherwise agreed.
Demurrage claim under HEAVYCON 2007
Notes — Voyage 2. During the drafting process it was discussed whether the Owners should have an obligation to exercise due diligence in making the Vessel seaworthy throughout the voyage. It was, however, felt that such an obligation is too onerous on the Owners, e. The time lost shall include all time used until the Vessel reaches the same or equidistant position to that where the deviation commenced and the Charterers shall also pay all additional expenses incurred by such deviation including bunkers, port charges, pilotage, tug boats, agency fees and any other expenses whatsoever incurred.
The Owners shall give prompt notification of any delay or deviation to the Charterers and any claims for additional compensation shall be supported by appropriate documentation. Unless the Cargo is described as a full and complete cargo in Box 5, the Owners shall have the liberty of re-stowing the Cargo and of loading and of discharging other part cargoes for the account of other than the Charterers from places enroute or not enroute to places enroute or not enroute.
When the Owners exercise such option s this shall in no way constitute a deviation, notwithstanding anything else contained in this Charter Party.
It is, however, seldom that cargo intended for being carried on board heavylift vessels, are not a full cargo. Loading and Discharging a The Charterers shall have the Cargo in all respects ready for the said voyage at the Loading Port on the date for hexvycon notice of expected load readiness is given by the Owners as per Clause 9 Advance Noticesbut not before the date stated in Box 10 as first layday. The Charterers shall nominate the precise loading area or place within the agreed Loading Port, which shall be always safe and accessible and suitable for the loading operation, upon receipt of the first notice given by the Owners pursuant to Clause 9 Advance Noticesalways subject to the approval of the Owners and the Master.
Such approval shall not be unreasonably withheld. All other equipment shall be provided by the Charterers. At the Loading Port, the Cargo shall be delivered by the Charterers without delay in the sequence required by the Master at any time during day or night, Saturdays, Sundays or their local equivalent and holidays included and shall be loaded by one or more of the following methods stated in Box 8: The Owners shall procure and pay the necessary labour and winchmen either from the crew or from shore.
The Charterers shall procure and pay for workboats and tugs required for the positioning of the Cargo. The Owners shall have the right to use such workboats and tugs for the loading operation. At the Discharging Port the Charterers shall take delivery of the Cargo without delay in accordance with sub-clause f at any time during day or night, Saturdays, Sundays or their local equivalent and holidays included. The entire discharge operation always to be done to the full satisfaction of the Master.
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The Cargo shall be 22007 by one or more of the following methods stated in Box 9: The Charterers shall procure and pay for workboats and tugs required for discharging the Cargo.
The Owners shall have the right to use such workboats and tugs for the discharging operations. Subclauses g and h are about the division of various costs.
The Clause provides the hevycon with optional methods of loading and discharging. It is therefore important that the parties agree on which loading and discharging method shall apply and indicate their choice heavycob Part I Box 8 for loading and Box 9 for discharging operations. In many cases, heavyco areas etc. The Charterers therefore have no more knowledge than the Owners about the safety of such areas etc.
As a matter of practice the Owners verify the safety of any areas etc. The additional options of loading and discharging methods stated in the original Sub-clauses 4. The provision, by which the Owners were to reimburse the Charterers for the use of workboats or tugs, is not needed as this is standard in the heavylift trade. In general, the parties shall assist each other in this respect which is now clarified in the Clause.
The Charterers shall also heavyconn for all other expenses which may be incurred as a result thereof. 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.
If Box 12 is not filled in then fourteen 14 days shall apply. Should it appear that the Vessel will not be ready to commence loading latest on the Cancelling Date the Owners shall immediately notify the Charterers. The Owners shall state a new cancelling date as soon as they are in a position to do so with reasonable certainty.
The Owners shall not be responsible for any loss or damages whatsoever incurred by the Charterers as a result of the Charterers cancelling this Charter Party in accordance with sub-clause f nor shall the Owners be responsible for any loss or damages whatsoever suffered by the Charterers as a result of the failure of the Vessel to be ready for loading latest on the Cancelling Date. If the Owners exercise their option to cancel the Charter Party in accordance with sub-clause ithe Charterers shall pay to the Owners the applicable termination fee according to the provisions of Clause 21 Termination in addition to any demurrage incurred.
If the Owners exercise their option to sail with part of the Cargo on board in accordance with sub-clause i the Charterers shall pay to the Owners the full freight stated in Box 16 in addition to any demurrage incurred. The parties are left with substantial freedom in this respect: In Box 12 the parties decide the number of days after the First Layday after which the charter party can be cancelled.
It will seldom happen that Box 11 is not filled in as the notification schedule is a very important issue for the Charterers. The provision is advantageous to both the Owners and the Charterers. The Charterers, on the other hand, are helped to re-arrange their loading schedules if the Owners inform them according to the interpellation provision. Furthermore, where previously the time limit was linked to the Notice of Readiness, it is now linked to the expiry of free time for loading.
This is advantageous to the Charterers, because this gives them more time to tender the full Cargo. Clause 9 now only deals with Notices of Expected Load-readiness. Only when the parties have not agreed the length of notices, the default notices in Clause 9 applies. Notice of Readiness The Owners shall give notice of readiness as per Box 13 advising when the Vessel is ready to commence loading at the Loading Port and when the Vessel is ready to commence discharging at the Discharging Port as per Box Notes — Notice of Readiness The Owners are no longer confined to special means of communication when giving the notice of readiness.
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. As soon as possible after submission of the relevant documentation, Transportation approval shall be given by the Marine Surveyor. The Owners shall pay all expenses relating to documentation related to the Vessel and all other equipment being provided by the Owners in the performance of the Transportation.
The Charterers shall arrange and pay for all the Marine Surveyor s services, including approval of the Transportation. The Charterers warrant that the full description of the Cargo stated in Box 5 is correct and further warrant that the Cargo is in all respects tight, staunch, strong and in every way fit for the Transportation.
The provision stated that the Charterers and the Owners had an option to cancel the Charter Party in case the Marine Surveyor did not give transportation approval.
Demurrage claim under HEAVYCON – International Maritime and Commercial Law
However, since in practice the Marine Surveyor gives his approval when the cargo has been loaded and seafastened, the provision did not work. Freight a The freight stipulated in Box 16 shall be paid in instalments in accordance with Box Notes — Freight Freight is to be paid in instalments according to a payment model agreed to by the parties. 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 free time at the Discharging Port shall start counting when notice of readiness has been tendered in accordance with Clause 10 Notice of Readinesswhether in berth or not, unless discharge has commenced earlier and shall count until the Cargo is in all respects removed from the Vessel.
The demurrage rate for the Vessel is the amount stipulated in Box 19 calculated per day or pro rata for part of a day. Free time shall not count and if the Vessel is on demurrage, demurrage shall not accrue for time lost by reason of deficiency of the Master, officers or crew or strike or lockout of the Master, officers or crew or by reason of breakdown of the Vessel or its equipment.
In 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 fourth paragraph of Sub-clause Since there is a need for a provision dealing with delays caused by the Owners, Clause The last paragraph in Sub-clause The agreed figures should be filled in Part I.
If the parties have not filled in the relevant boxed, no fee is payable. Canal Transit a If the Transportation is scheduled to pass through the canal stated in Box 7, the Charterers shall be granted free time for any such transit, and such free time shall count against the number of hours stipulated in Box Canal transit time is defined as from arrival at pilot station or customary waiting place or anchorage, whichever is the earlier, and until dropping last outbound pilot when leaving for the open sea.
The Charterers shall also pay all other expenses, including bunkers, in addition to those which would normally have been incurred had the Vessel been standing-by in port less the amount of canal tolls saved by the Owners for not having transitted the canal. All provisions of this Charter Party regarding freight, discharge of the cargo, free time and demurrage as agreed for the original Discharging Port shall also apply to the discharge at the substitute port. However, the freight rate needs to be adjusted to take into account of the cost of tolls saved.
Box 7 in Part I has been changed to take into account situations with river transits. Bunker Escalation This Charter Party is concluded on the basis of the price per metric ton and the quantity and grades of bunkers stated in Box If the price actually paid by the Owners for this quantity of bunkers should be higher, the difference shall be paid by the Charterers to the Owners.
If the price actually paid by the Owners for this quantity of bunkers should be lower, the difference shall be paid by the Owners to the Charterers. 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. The quantities of bunkers, which may include consumption during mobilisation and demobilisation, are agreed upon by the parties when concluding the charter party.