Time Charters

Agents

acknowledged but unnamed principal,

authority

actual authority, –, –, –

apparent authority, –, –

to bind principal to contract, –

breach of warranty of authority, –

groups of companies,

one-ship companies,

bills of lading, signing of,

as “charterer”, –

collection agents, interception of freights, –

conflict of laws,

contracted as agent only, –

contracting without authority

breach of warranty of authority, –

estoppel,

introduction,

ratification of contract,

contracts made by or through, –, –

disclosed principal, –

as “disponent”, –

employment clause, –

foreign principal,

liability, –, –

as “owner”,

payment for, –

persons purporting to be, liability of

agent claims to be real principal, –

contracts made on behalf of non-existent persons, –

ratification of contract, ,

shipbrokers’ authority

actual authority, –

apparent authority, –

to communicate principal’s contractual intentions, –

to contract, –

signature, –

signing of bills of lading,

undisclosed principal, –, –

Alcohol and drugs

Shelltime,

Anticipatory breach

meaning, –

Anti-technicality clauses

contents of notice, –

introduction,

NYPE 93,

time when notice served, –

“Any breach of this Charter Party”

generally, –,

NYPE 93,

‘Any other cause’

preventing the full working of the vessel, –

whatsoever, –, –

Applicable law

arbitration

arbitration agreement as governing law,

charter as governing law,

English law, I.19–I.25

Inter-Club Agreement,

Shelltime, –

U.S. law, –

Apportionment

Inter-Club Agreement, –

Arbitration, See also Arbitrators

abandonment, –

arbitration agreement

as choice of law,

generally, –,

written agreement, –

arbitration clauses in bills of lading, –

awards

arbitrators exceed powers, –

confirmation, –

“final award”, –

“grounds of attack”, –

“mutual, final and definite award”, –

power to make, –

security in aid of, –

third parties, –

“time limits”, –

vacating, –

vouching-in, –

charter as choice of law,

choice of law

arbitration agreement,

charter,

generally,

class actions, ,

commencement time, –

commencement time for proceedings, –

compelling arbitration, –

consolidated arbitration, –

corporate veil, piercing of, –

costs award, –

damages, –

discovery before, –

disputes subject to, –

ExxonMobil Time 2005 form, –

fees award, –

“final” decision,

forum selection clauses, –

guarantors, –

interest award, –

introduction,

manifest disregard of law, –

New York Convention, –

non-signatories’ participation, –

NYPE 93

arbitrators. See Arbitrators

place of arbitration,

place of

generally,

NYPE 93,

power to make awards

interest, fees and costs, –

security, –

pre-arbitration discovery, –

procedure,

public policy violation, –

punitive damages, –

security

in aid of award, –

power to award, –

specific performance, –

statutory recognition of,

staying suits, –

third parties, –

time to commence, –

U.S. Arbitration Act, text, App. D.1

U.S. COGSA

commencement time for proceedings, –

forum selection, –

generally,

vacating of awards

contractual expansion of grounds, –

powers for, –

vouching-in of awards, –

Arbitrators

appointment, –

“commercial men”, –, –

“commercial men engaged in shipping” (NYPE 93),

exceeding of powers, –

power to make awards. See Arbitration

“three persons”

generally,

NYPE 93,

Arrest

obligation to release ship from, –

off-hire, –

Arrival

estimated time of arrival (ETA),

safe port, –, –

As presented

signing of bills of lading, –, –

Assignment of charter. See Sub-hire, sub-let

“Average”

description of ship,

Bailment

signing of charterers’ bills of lading,

Bale and deadweight capacity

statements of, –, –

Ballast

segregated ballast,

Baltime exceptions clause

additional clauses, and,

burden of proof,

delay during currency of charter,

delay in delivery,

generally, –

“loss or damage”, 27.65

misdescription, –

Paramount Clause, –

personal want of due diligence, –

relationship with other clauses,

stoppage, –

strikes, –

Baltime form

provisions of. See under specific topics
text, F.3

Bankers’ drafts

payment of hire, –

Banking

bankers’ drafts, –

electronic transfers of funds, –

failure to make payment due to bank error, –

payments made on non-banking days,

Bars (sand or silt)

definition,

“with bars”, meaning of, –

Beneficial owners. See Owners

Berth Standard of Average Clause

cargo operations, –

Berths. See Safe berths

Bills of lading

arbitration clauses, –

express restrictions on issuance, –

ExxonMobil Time 2005 form, –

“freight prepaid” bills

right to issue, 30.80–

signing of, –

freights, liens on. See Liens

indemnity arising from signing of, –

introduction, , I.41–I.43

liens and, –

master’s right to demand production of,

Shelltime, –

shippers’ right to demand, –

signing. See Signing of bills of lading

sub-charterers’ authority to sign, –

Blockade

restraint of Princes,

war,

war risks clauses, , , , , , , ,

Boiler breakdown

exception,

Both-to-blame collision clause

ExxonMobil Time 2005 form, –

Shelltime, –

U.S. COGSA, –, –

Bottom fouling

description of ship,

drydocking,

ExxonMobil Time 2005 form, –

maintenance clause,

reduction in speed, ,

speed and fuel consumption, –

Breach of contract. See Contract

Breakdown

off-hire due to, –, , –

Brokers. See Shipbrokers

Bunkers, See also Speed and fuel consumption

charterers’ property right,

choice of bunkering ports,

condition of ship at delivery, –, –

at delivery, –

grade, –

off-hire, –

payment. See Provision and payment

price

generally, , –

NYPE 93,

property in, , –

quality, ,

quantity, –,

at redelivery, –

safety of bunkering place,

Shelltime

delivery, –

grade, –

Burden of proof

Baltime exceptions clause,

Business policy and principles

ExxonMobil Time 2005 form,

Shelltime,

Cancellation prior to delivery

of delivery, –

Cancelling clause

Baltime form,

cancelling date, –

condition of ship at delivery,

effect

on charterers’ right to damages, –

on delivery of ship, –

generally, –

NYPE 93

no right to cancel before cancelling date,

right to cancel,

right to cancel

arisal of, –

exercise of,

lapse of, –

no right before cancelling date, –

Shelltime, –

war cancellation clauses,

Capacity of ship. See Description of ship

Captain. See Master

Cargo

dangerous cargo. See Dangerous cargo

deck cargo. See Deck cargo

excluded cargo. See Excluded cargo

injurious cargo, –

lawful cargo, –

liens, and. See Liens

unlawful cargoes,

Cargo claims

Inter-Club Agreement, , –

Cargo gear, equipment, winches and lighting

additional equipment, –

condition of ship at delivery, –

description of ship,

generally,

Cargo operations, See also Discharge; Load, stow and trim

cargo management,

crew assistance,

grades of oil, number carryable, –

introduction, I.48–I.52

readiness,

withdrawal with cargo on board, –

Cargo spaces and holds

availability, –

available to charterers, –,

cleaning, –,

cleaning expenses,

condition at delivery, –, –

Carriage of Goods by Sea Act (U.S.). See U.S. COGSA

Cash payment

for hire, –

Certification. See Documentation

Change of ownership

ExxonMobil Time 2005 form, 38A.113–

Charter account

introduction, I.54

Charter period. See Duration of charter; Extension of charter

Chartered ship. See Ship

Charterers, See also Sub-charter

agents as, –

benefit from owners’ P. & I. cover

generally, –

NYPE 93,

bills of lading. See Signing of bills of lading

cargo operations responsibilities. See Load, stow and trim

division of operations with owners, , –

duty to give legitimate voyage orders

effect of illegitimate orders,

election and waiver, –

introduction,

nature of duty, –

owners’ rights to damages or remuneration, –

timing, –

duty to provide and pay for. See Provision and payment

fault for delays, –,

identification as party, –, I.29–I.30

interest in ship, –

intermediate charterers, –

liens. See Liens

off-hire and. See Off-hire

principal obligations, I.29–I.30

provision by, –

redelivery obligations. See Redelivery

safe port obligations. See Safe ports

sub-charter. See Sub-charter

Choice of law. See Applicable law

Class actions

arbitration, ,

Class of ship

description, –,

Clause Paramount

effect on Baltime exceptions clause, –

Hague-Visby Rules,

Harter Act,

maintenance clause,

NYPE 93,

seaworthiness obligation and, –, –

Shelltime, –

silence as to which Hague Rules enactment to apply, –

U.S. COGSA, –, –, , , , ,

Clean seas

ExxonMobil Time 2005 form, 38A.110

Cleaning of holds and tanks

maintenance clause, –,

COGSA. See U.S. COGSA

Collection agents

interception of freights, –

Collision

both-to-blame collision clause, –, –

‘Commercial loss’ rule

displacement of,

as frustration, –,

introduction,

leading case law, –

as rule of construction, –

Commercially impracticable performance

frustration of charter, –

Commission

address commission, –

Baltime form,

cancellation of charter, –

generally, , –

owners’ not to prevent shipbrokers earning, –

shipbrokers’ rights

arbitration for claim for commission,

payment of commission, –

Companies

agent’s authority,

Company directors

contract obligations/rights, –

Condition of ship at delivery

acceptance, –

cancelling clause,

cargo gear, equipment and lighting, –

cargo spaces and holds, –

crew, –

documents, certificates and permissions, –

documents for loading operations, –

fitness for service

breach of obligation, –

due diligence, –

introduction, –

judging of, –

limits of,

as precondition for acceptance, –

seaworthiness obligation. See seaworthiness obligation below

U.S. COGSA protections, –

general condition, , –

introduction, –

NYPE 93

particular features of ship,

readiness provisions,

particular features

bunkers, –

cargo gear, equipment and lighting, –

cargo spaces and holds, –, –

crew, –

documents, certificates and permissions, –

documents for loading operations, –

NYPE 93,

other specific features, –

special equipment, –

readiness

introduction, , –

judging of, –

notice of,

NYPE 93,

as precondition for acceptance, –

to load, –,

seaworthiness obligation. See Seaworthiness

Shelltime,

surveyor’s satisfaction,

unready ship

acceptance, –

introduction,

rejection, –

U.S. COGSA

fitness for service protections, –

seaworthiness obligation, –

warranty of seaworthiness, –

Conditions

meaning, –

Conditions precedent

meaning,

Confidentiality

Shelltime,

Conflict of laws, See also Applicable law

agents,

Construction. See Interpretation

Constructive total loss

frustration of charter, , –, , See also ‘Commercial loss’ rule

Contract

breach of contract

anticipatory breach, meaning, –

“any breach of this charter party”, –,

frustration of charter, –

signing of bills of lading,

contractual lien, –

contractual right of lien, –

divisible contracts, frustration, –

executory contracts, –

formation. See Formation of contract

indivisible contracts, frustration, –

parties. See Parties to contract

ratification where agents contracting without authority, ,

terms of art, I.26

Controlled passages

ExxonMobil Time 2005 form,

Controlled substances

cargo operations,

Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention)

arbitration under, –

text, App. D.2

Co-operation by parties

introduction, I.53

Corporate veil, piercing of

arbitration, –

contract formation, –

tort, –

Costs, legal

arbitration award, –

Crew

assistance during loading,

conduct,

default of men, –

deficiency of men

incapacity, –

off-hire due to, –

unwillingness to work, –

delivery of ship, –,

maintenance clause as to costs,

negligence by. See Negligence by master or crew

Shelltime

conduct,

continuing obligations, –

generally,

obligations at delivery,

strikes

exception,

interruption of service, –

utmost despatch,

Customary assistance

extent of,

obligation as to,

utmost despatch, –, –

Damage to cargo

claims under Inter-Club Agreement, , –

claims under US COGSA, , –

unseaworthiness, –

Damaged ship

ice damage, –

insurance claims, –

off-hire, –, –

redelivery,

Damages

arbitration, –

basis of equitable set-off, –

claims without right of set-off, –

deprival of use of ship, –

equitable set-off generally, –

illegitimate voyage orders, –

interruption of service, –

maintenance clause,

meaning, –

misrepresentation in description of ship,

orders to trade outside trading limits, –

prejudice in use of ship, –

redelivery. See Redelivery

wrongful withdrawal of ship, –

Dangerous cargo

absolute obligation,

constructive knowledge of,

“dangerous”, meaning of,

introduction, –,

lack of warning,

meaning, –,

normal precautions and exceptional cargoes, –13

NYPE 93,

“Dangerous” in opinion of master or owners

war risk clauses, –

Dangers

avoidable by good navigation and seamanship, –, –

Dangers and accidents of the Seas, Rivers

exceptions, –, –

Date. See Time

Deadweight capacity

statements of, –, –

Deck cargo

generally, –

NYPE 93,

U.S. COGSA,

Deductions from hire. See Hire

Default

default of men, –

hire, 38A.20–

third party, –

Delay, See also Interruption of service

changes of route,

charterers’ fault, –,

commencement of charter,

during currency of charter,

delivery,

exceptions

delay during currency of charter,

delay in delivery,

expected length of delay changes,

generally, –

requisition, –

strikes, –

time for assessment of delay, –

war, –

Deliberate act

frustration of charter, –

Delivery, See also Redelivery

advance notice, –

bunkers, –,

condition of ship,

delay,

earliest delivery date

time of, –

‘Time to count from’ provision, –

introduction, –, I.35–I.36

meaning, I.13

non-contractual tender,

NYPE 93

introduction, –

key provisions,

non-contractual tender,

notice of readiness, –

‘Time to count from’ provision. See ‘Time to count from’ provision below

place of

Baltime form,

charterers’ options,

ExxonMobil Time 2005 form, –

introduction, –

safety of,

‘safely lie, always afloat’,

Shelltime

continuing obligations, –, –

crew,

generally,

obligations at delivery, –,

oil major approvals, –

ExxonMobil Time 2005 form

fuel at delivery,

place of delivery, –

‘Time to count from’ provision

earliest delivery date and, –

operation, –,

qualification,

timing

cancelling clause, –

earliest delivery date, –

estimated time of arrival (ETA),

introduction, –

Laycan narrowing clause, –

no provision for,

time of day for tendering,

unready ship

acceptance, –

introduction,

rejection, –

Demise charters

time charters contrasted, I.6,

Demise clause

signing of owners’ bills of lading, –

Departure

safe port, –

Deprival of use of ship

equitable set-off of damages claims, –

Description of ship, See also Seaworthiness

“about”, –, , –, , –,

bale and deadweight capacity, –, –

bottom fouling,

capacity

continuing capacity and level-of-performance clauses, –

description generally, –, –

simple description clauses, –

class of ship, –,

compliance

strictness,

timing, –

conditions, –

damages for misrepresentation,

efficient state

absolute or due diligence obligation,

condition of ship, –, –

equipment/gear,

ExxonMobil Time 2005 form, –

flag,

fuel consumption. See Speed and fuel consumption

Hague-Visby Rules,

Harter Act,

introduction, –, –

itermediate terms, –

NYPE 93 form,

owners’ implied obligations, –

present position, , –

qualifying words

“about”, –, –, , –

“average”,

“good weather”, –, –

“without guarantee”,

readiness to load, –

rules for, –

seaworthiness warranty, breach of, –

Shelltime, , –

speed. See Speed and fuel consumption

tonnage,

U.S. COGSA rules, –

Deviation

frustration of charter,

reasonable deviations, –

utmost despatch,

Directors. See Company directors

Disbursements

Shelltime,

Discharge, See also Load, stow and trim

costs increase due to owners’ breach,

introduction,

NYPE 93,

security provision to avoid delay,

during voyage, –

Shelltime, –

Discovery

pre-arbitration, –

“Disponent”

agents as, –

Disputes. See Arbitration

Documentation

legal documents at delivery, –

loading operations, –

maintenance clause, –

Drugs and alcohol

Shelltime,

Drydocking

ExxonMobil Time 2005 form, –

generally, –

NYPE 93, –

off-hire, –

Shelltime, –

Due diligence, See also Absolute obligation

description of ship,

fitness for service, –

meaning,

personal want of, –

safe ports, –

Dunnage

redelivery,

Duration of charter, See also Extension of charter

“about”, –

charterers’ duty to give legitimate voyage orders

effect of illegitimate orders,

election and waiver, –

introduction,

nature of duty, –

owners’ rights to damages or remuneration, –

timing, –

damages where owners fail to provide ship’s services, –

definition by reference to duration of specific trip or voyage, –

determination of, –

“duration without guarantee”, –

ExxonMobil Time 2005 form, –

fixed duration, –

hybrids of period and trip charters, –

injunctions to prevent withdrawal of ship, –

introduction,

“last voyage” clause, –

margin of overlap/underlap

“about”, –

express margin, –

implied margin, –

reasonable length,

minimum/maximum duration, –

off hire,

options as to, –

owners’ duty to keep ship in charterers’ service,

redelivery of ship at end. See Redelivery

variable duration, –

Earliest delivery date. See Delivery

Early redelivery, –, –

Efficient state. See Description of ship

Elapsed time. See Time, computation of

Election

accept illegitimate voyage order, –

frustration of charter, –

meaning, –

Electronic transfers

payment of hire, –

Embargo

frustration of charter, –

Emergency response

Shelltime,

Employment clause

appointment of agents, –

Baltime exceptions clause and,

causation, –

claim for breach of safety obligation, –

employment, –

express indemnity

against “all consequences or liabilities”, –

introduction,

“such orders”, meaning of,

indemnity

express indemnity. See express indemnity above

implied indemnity, –

not dependent on charterers’ fault,

rights as to, –

signing of bills of lading, –

introduction, I.39–I.40

meaning, I.14

navigational risks, –

obedience to charterers’ orders, –, –

ordinary expenses, –

other charter clauses and, –

severable losses,

Enemies

exception, –

“Engaged in shipping”

NYPE 93 requirements for arbitrators,

Engineers

utmost despatch,

English law

applicable law, I.19–I.25

glossary of terms, –

Equipment. See Cargo gear, equipment, winches and lighting

Equitable relief from forfeiture

withdrawal of ship, –

Equitable set-off of damages claims. See Damages

Estimated time of arrival (ETA)

delivery of ship,

Estoppel

agents contracting without authority,

meaning,

owners’ silence as to deductions from hire,

stevedore’s appointment, –

Exceptions

act of God, , –

act of war, –

Baltime form

burden of proof,

delay during currency of charter,

delay in delivery,

generally, –

misdescription, –

other clauses in relation,

Paramount Clause, –

personal want of due diligence, –

stoppage, –

strikes, –

strikes by crew,

boiler breakdown,

burden of proof,

charter exceptions,

crew as strikers,

dangers and accidents of the Seas, Rivers, –, –

delay during currency of charter,

delay in delivery,

employment clause in relation,

enemies, –

errors of navigation, –,

failure to pay for hire due to excepted event,

fire, –, –

generally, –

interpretation rules,

limitation of,

machinery breakdown, , –

misdescription, –

mutual exceptions, , –

navigation errors, –,

not restricted to ship,

other clauses in relation,

Paramount Clause, –

personal want of due diligence, –

restraint of Princes, Rulers and People, –, –

Shelltime

act of war, –

generally, –

Steam Navigation, risks of,

stoppage, –

strikes, –

strikes by crew,

U.S. COGSA, –, –, –

utmost despatch, –

war, –

Excluded cargo

acceptance,

introduction, –

lawful merchandise, –

Export restrictions

Shelltime, –

Extension of charter

exercise of option

effect of,

generally, –, –

options as to duration,

tolerance in primary and option periods,

Exxonmobil Time 2005 form

additional equipment, –

arbitration, –

assignment of charter, –

berths, –

bills of lading, –

business policy,

cargo management,

change of ownership, 38A.113–

charterers to provide and pay for pilots and tugs, –

clean seas, 38A.110

controlled passages,

delivery

fuel at,

place of, –

description of ship, –

dry cargoes,

drydocking, –

final voyage, –

fuel

owners to provide, 38A.67–

warranties, –

grades of oil, number carryable, –

hire

deductions, –

default, 38A.20–

final voyage, –

generally, –

loss of ship, –

other clauses,

reduction, 38A.20–

inspection report (SIRE),

insurance,

interpretation, –

introduction,

ITOPF membership,

lay-up, –

laydays, –

liability,

liens, –

lightering, –

limitation of exceptions,

loss of ship, –

master’s and officers’ duties, 38A.64–

off-hire, –

owners to provide, –

owners’ warranties,

patent guaranty, 38A.113–

performance of ship

reviews, –

warranties, –

pilots

charterers to provide and pay for, –

charter’s pilots, –

exception,

generally, –

place of delivery, –

pollution avoidance, 38A.110

port charges, 38A.67–

redelivery, –

repairs, –

requisition, –

salvage,

space available to charterers,

speed

orders,

warranties, –

sub-charter, –

term of charter, –

text, F.5

trading limits, –

tugs

charterers’ responsibility, –

charterer’s tugs, –

exception,

generally, –

war risks, –

Failure to pay. See Withdrawal

Fault

default of men, –

delays due to charterers’ fault, –,

frustration of charter

breach of contract, –

burden of proof,

deliberate act or election, –

effect of fault,

negligence, –

third party default, –

indemnity not dependent on charterers’ fault,

Final voyage. See Last voyage

Fire

exception, –, –

off-hire, –

Fitness for service. See Condition of ship at delivery

Flag

description of ship, , –

Floating charge

lien as, –

Foreign jurisdiction clause

signing of owners’ bills of lading,

Forfeiture

equitable relief from, –

Formation of contract

agents, –

applicable law, –

arbitration. See Arbitration

to be ‘finalised’,

conditions,

corporate veil, piercing of. See Corporate veil, piercing of

essential terms

agreement of, -,

intention to make, -, –

fixture before contract signed, –, –

form of contract, –

intention to make binding contract

introduction, –

negating words and phrases, –

interpretation, –

parties. See Parties to contract

“subject to”. See “Subject to”

terms of charter differ from recap, –

uncertainty, –

Forum

selection clauses, –

“Freight prepaid”. See Bills of lading

Frustration of charter

automatic operation, –

breach of contract, –

burden of proof,

changes in law, –

changes of route,

charterers’ property right as to ship stores,

‘commercial loss’ rule as frustration, –

commercially impracticable performance, –

constructive total loss, , –, , See also ‘Commercial loss’ rule

default by third party, –

delayed or interrupted service

changes of route,

delayed start of charter,

expected length of delay changes,

generally, –

requisition, –

strikes, –

time for assessment of delay, –

war, –

deliberate act or election, –

divisible contracts, –

doctrine, –

embargo, –

event must be unforseen, –

events anticipated or provided for, –

fault, and

breach of contract, –

burden of proof,

deliberate act or election, –

effect of fault,

negligence, –

third party default, –

financial loss, –

generally, , –

impossible route, –

impracticable performance, –

indivisible contracts, –

interruption of service. See delayed or interrupted service above

introduction,

loss of ship

constructive total loss, , , See also ‘Commercial loss’ rule

generally, –

substitution clause, , –

unusable ship, –

money paid in advance and not earned, –

negligence, –

obligations arising from

changes in law, –

charterers’ property right as to ship stores,

common law,

statutory exclusions, –

statutory regulation, –

question of fact and law, –

requisition, –

risk allocation, –

ship stores as charterers’ property,

strikes, –

substitution clause, , –

third party default, –

unusable ship, –

war, , –

Fuel

bunkers. See Bunkers

consumption. See Speed and fuel consumption

costs payable by owners, , –

provision. See Provision and payment

warranties, –

“Full” working of ship

off-hire due to prevention, –

Gear. See Cargo gear, equipment, winches and lighting

General average

commentary,

contributions included in lien,

General exceptions clause. See Exceptions

Good navigation and seamanship

dangers avoidable by, –, –

“Good weather” qualiﬁcation

effect of, –, –

Governing law. See Applicable law

Grace periods. See also Anti-technicality clauses

withdrawal of ship, –

Grades of oil

number carryable by ship, –

Groups of companies

agent’s authority,

Guarantors

arbitration, –

contract obligations/rights, –

Hague Rules

Clause Paramount, –

incorporation,

Hague-Visby Rules, See also U.S. COGSA

Clause Paramount,

incorporation, –

text, App. B

Harter Act (U.S.)

Clause Paramount,

incorporation, –, –

text, App. A.1

Hatches

condition of ship at delivery, –

‘Himalaya’ clauses

signing of charterers’ bills of lading,

Hire, See also Off-hire; Withdrawal

adjustment of

deduction of,

obligation to pay, –

off-hire, –

payment process, –

reference to obligation, –

advance payment

failure to pay, –

final instalment, –

generally, –

not earned at frustration of charter, –

ship off-hire at due date,

ship withheld at due date, –

suspension of obligation, –

advances, deduction of,

commencement of, time of, ,

damages claims

basis of equitable set-off, –

claims without right of set-off, –

deprival of use of ship, –

equitable set-off generally, –

interruption of service, –

prejudice in use of ship, –

deductions, –

deductions from

adjustment of hire,

amount of, –

bona fide belief in right not sufficient,

damages claims. See damages claims above

express permission by charter,

owners estopped by silence,

permitted deductions, –

right to make,

timing of, –

default, 38A.20–

deprival of use of ship, –

division of operations between owners and charterers, , –

equitable set-off. See damages claims above

ExxonMobil Time 2005 form

deductions, –

default, 38A.20–

final voyage, –

generally, –

loss of ship, –

other clauses,

reduction, 38A.20–

failure to pay. See Withdrawal

final instalment paid in advance

generally, –

NYPE 93,

final voyage. See Final voyage

first instalment,

frustration and,

interruption of service, –

introduction, –, I.45

meaning, I.15

NYPE 93

final instalment paid in advance,

payment,

off-hire ship at payment due date,

payment

accepted departures from contractual method, –

adjustment of hire. See adjustment of above

in advance. See advance payment above

bankers’ drafts, –

cash, –

cessation during off-hire,

deductions from. See deductions from above

electronic transfers, –

failure to pay. See Withdrawal

final instalment, –

first instalment,

less than full, , –

methods generally, –

modification by course of conduct, –

monthly and semi-monthly, –

non-banking day,

NYPE 93,

at redelivery, –

Shelltime, –, –

prejudice in use of ship, –

rate, –

reduction, 38A.20–

resumption after off-hire, –

set-off of damages claims. See damages claims above

Shelltime

payment, –

period, –

rate, –

ship off-hire at payment due date,

ship withheld at payment due date, –

sub-charter. See Sub-charter

time of commencement, ,

Holds. See Cargo spaces and holds

Hull. See Condition of ship at delivery; Seaworthiness

Hull fouling. See Bottom fouling

Hybrid charters

duration, –

meaning, I.18

Ice clause

damage from ice en route, –

forcing ice,

generally, –, –

ice-bound,

safe port,

Implied indemnity

employment clause, –

Implied terms

meaning,

Impossible route

frustration of charter, –

Impracticable performance

frustration of charter, –

“In default of payment”

owner’s lien,

right of withdrawal, –

“In like good order”. See under Redelivery

Indemnity

employment clause. See Employment clause

introduction, I.44

settlement payments

effect of,

right to, –

Injunctions

meaning,

wrongful withdrawal, –

Injurious cargoes

Shelltime, –

Inspection of ship

ExxonMobil Time 2005 form,

Shelltime, –

Instructions, See also Orders

requisite instructions,

sailing instructions, , –

Shelltime, –

Insurance

claims for damage to ship, –

discounts from premiums,

extent of cover

Baltime form,

generally, –

ExxonMobil Time 2005 form,

maintenance clause, –

obligations, –

owners’ right to effect war risk insurance, –

reimbursement of premiums,

Shelltime, 37.187

war risks,

Inter-Club Agreement

application of clauses 1 to 5, –

apportionment (clauses 7 & 8), –

cargo claims, , –

commentary, , –

governing law (clause 10),

security (clause 9),

signing bills of lading,

text, App. C.1–C.2

time bar (clause 6), –

Interception of freights

accounting for surplus,

by charterers’ collection agent, –

direct payment to charterers specified in bill, –

effecting of,

“freight payable as per charterparty”, –

owners’ right, –

Interest

arbitration award, –

Intermediate charterers

whether carrier, –

Intermediate terms

maintenance clauses as, –

meaning,

speed and fuel consumption,

Interpretation

‘commercial loss’ rule as rule of, –

of contract. See Formation of contract

exceptions,

meaning of ‘construction’,

Shelltime, –

ExxonMobil Time 2005 form, –

Interruption of service, See also Delay

equitable set-off of damages claims, –

off-hire generally, –

requisition, –

strikes, –

war, –

ISPS code

Shelltime, –

ITOPF membership

ExxonMobil Time 2005 form,

Shelltime, 37.187

Last voyage

clause, –

ExxonMobil Time 2005 form, –

Shelltime, –

whether legitimate,

Lawful merchandise

acceptance of excluded cargo,

Baltime form,

common law

“dangerous”, meaning of,

generally, –33

U.S. COGSA and,

dangerous cargo. See Dangerous cargo

excluded cargo. See Excluded cargo

ExxonMobil Time 2005 form,

limitation of liability,

obligation to ship only, , ,

scope of,

unlawful cargoes, prohibition of,

U.S. COGSA

absolute obligation,

charterers,

common law and,

constructive knowledge of nature of cargo,

damage due to unseaworthiness, –

introduction, –

legislation outside U.S. COGSA, –

master’s consent,

owners’ claims,

shipper’s negligence, –

strict liability, –

U.S. law, -

U.S. legislation outside U.S. COGSA, –

Laycan

generally,

narrowing clause as to time of delivery, –

Laydays

ExxonMobil Time 2005 form, –

Shelltime, –

Laying-up

ExxonMobil Time 2005 form, –

Shelltime, –

“Let”

meaning, I.9–.I.12

Level-of-performance clauses

speed and fuel consumption, –

Liberties

reasonable deviations, –

U.S. COGSA, –,

Liberty to sublet

authority of sub-charterers to sign bills of lading, –,

effects of sub-charter, –

payment of freight or hire,

U.S. law, –

Liens

accounting for surplus

interception of freights,

sub-freights lien,

amount of

any amounts due under charter, –

general average contributions included,

“lien or encumbrance”, –

arrested ship, obligation to release, –

Baltime form,

bills of lading freights, and

“freight pre-paid” bills, right to issue, 30.80–

incorporation of lien into bill, –

interception of freights. See interception of freights below

cargoes, on

Baltime form,

charterers’ promise to procure, –

contractual lien, –

incorporation in bills of lading, –

introduction,

loss of lien,

possessory lien,

as charge, –

charterers’ lien

“freight pre-paid” bills, right to issue, 30.80–

priority of claims, –

on ship, –, –

charterers’ promise to procure lien, –

charterers’ property subject to maritime lien,

collection agents, interception of freights, –

contractual lien, –

as contractual right, –

executory contracts, –

exercise of

on board ship, –

other locations, –

timing, –

ExxonMobil Time 2005 form, –

as floating charge, –

“freight pre-paid” bills, charterers’ right to issue, 30.80–

interception of freights

accounting for surplus,

by charterers’ collection agent, –

direct payment to charterers specified in bill, –

effecting of,

“freight payable as per charterparty”, –

owners’ right, –

loss of lien,

maritime lien

charterers’ property subject to,

generally, –

as mortgage,

notice of

effect of,

filing of,

form of,

right to serve, –

NYPE 93

“lien or encumbrance”, –

“sub-freights”, meaning of,

owners’ lien generally, –

possessory lien,

priority of claims

charterers’ lien, –

sub-freights lien,

suppliers’ lien,

release of ship from arrest, –

rights of, –

self-help, –

Shelltime, –

ship

charterers’ lien, –, –

exercise of lien on board, –

obligation to release from arrest, –

sub-charterers’ lien,

sub-freights, on

accounting for surplus,

amount of freight assigned, –

as charge, –, –

as contractual right, –

effect of notice,

effect of prohibition on assignment of freight,

exercise generally,

as floating charge, –

form of notice,

freights owed to sub-charterers, –

generally, –

meaning of “sub-freights”, –

as mortgage,

nature generally,

perfected assignment, –

priority of claims,

proceedings against sub-charterers, –

registration as charge, –

right to serve notice, –

sub-hire included?, –

timing, –

sub-hire included?, –

suppliers’ lien

priority of claims,

supplies ordered by charterers, –

timing

owners’ lien, –

sub-freights lien, –

Lightering

ExxonMobil Time 2005 form, –

Lighting. See Cargo gear, equipment, winches and lighting

cargo operations, –

Like good order. See Redelivery

Limitation of exceptions

ExxonMobil Time 2005 form,

Limitation of liability

dangerous cargo,

safe ports,

Load, stow and trim, See also Discharge

Baltime form, charterers’ responsibility, –

Berth Standard of Average Clause, –

charterers benefit from owners’ P. & I. cover

generally, –

NYPE 93,

charterers’ responsibility

Baltime form, –

nature of, –, –

NYPE 93,

transfer of responsibility to charterers,

crew assistance,

deck cargo

generally, –

NYPE 93,

estoppel, stevedore’s appointment, –

indemnity for settlement payments

effect of,

right to, –

Inter-Club Agreement

application of clauses 1 to 5, –

apportionment (clauses 7 & 8), –

commentary, , –

governing law (clause 10),

incorporation, –

security (clause 9),

time bar (clause 6), –

master’s responsibility, –

master’s supervision

generally, –, –

NYPE 93,

negligence, statutory regulation, –

NYPE 93

charterers benefit from owners’ P. & I. cover,

charterers’ responsibility,

deck cargo,

master’s supervision,

stevedore’s appointment,

readiness to load, description, –

Shelltime, –

stevedore’s appointment

estoppel, –

introduction,

NYPE 93,

U.S. COGSA

effect of, –

incorporation of, –

vouching-in, –

Local time

computation, –, –14.A.7

NYPE 93,

Local warnings

safe ports, –

Logs

generally, –

Shelltime, –

Loss of ship, See also Frustration of charter

‘commercial loss’ rule, –

constructive total loss, , –,

ExxonMobil Time 2005 form, –

generally, –

repair possible but uneconomic,

Shelltime, –

substitution clause, , –

unusable ship, –

Loss of time

Baltime,

Baltime off-hire clause, –

generally, , –25.A6

‘net loss of time’ clauses, –

NYPE 93,

period clauses, –

Machinery breakdown

exception, , –

Maintenance clause

absolute clauses, –

bottom fouling,

Clause Paramount,

cleaning of holds and tanks, –,

damages,

insurance of ship, –

as intermediate term, –

introduction,

legal requirements, –, –

maintenance generally, –, –

Shelltime, –

wages and crew costs,

Manifest disregard of law

arbitration, –

“Manifestly inconsistent” terms

signing bills of lading, –

Master

bills of lading. See Signing of bills of lading

cargo operations

consent to,

responsibility/supervision. See Load, stow and trim

duties, 38A.64–

negligence by. See Negligence by master or crew

responsibility for safety,

Mate’s receipts

bills of lading conforming with, –,

Misdesription/misrepresentation/misstatement

cargo quantity/type,

cargo under deck, –

condition of cargo, –

description of ship,

exception, –

meaning of ‘misrepresentation’, –

Mooring facilities

safe ports,

Mortgage

lien as,

Mutual exceptions. See Exceptions

Name of ship

description, ,

Named port

safe port, –, –

Navigation

generally, –

good navigation, dangers avoidable by, –, –

NYPE 93,

Steam Navigation, risks of,

Navigational aids

safe ports, –

Navigational errors

exception, –,

Navigational risks

employment clause, –

Negligence by master or crew

apportionment of damage, –

cargo operations, –

causation, –

contributory negligence, –

frustration of charter, –

intervening negligence, –

introduction,

New Jason clause

Shelltime, –

New York Convention. See Convention on the Recognition and Enforcement of Foreign Arbitral Awards

New York Produce Exchange form (1946)

provisions of. See under specific topics
text, F.1

Notice

advance notice of delivery, –

anti-technicality clauses

contents of notice, –

introduction,

NYPE 93,

time when notice served, –

of lien. See Liens

of readiness, –,

of redelivery. See Redelivery

warning before service of, –

of withdrawal. See Withdrawal

Novation

Shelltime, –

NYPE 93

provisions of. See under specific topics
text, F.2

Off-hire

adjustment of hire, –

any other cause preventing the full working of the vessel, –

any other cause whatsoever, –, –

arrest, –

Baltime form

or other accident preventing the full working of the vessel,

‘net loss of time’ clauses, –

off-hire clause, –

breakdown, –, –

bunkers during, –

causation issues,

causes or events generally,

charterers and

delays due to charterers’ fault, –

“from position not less favourable to Charterers”,

other obligations,

other remedies in relation,

components of,

damage to hull, machinery or equipment, –, –

default of men, –

deficiency of men

as cause, –

incapacity, –

unwillingness to work, –

delays due to charterers’ fault, –,

detention by average accidents to ship or cargo, –

drydocking, –

duration of charter,

effect on

charterers’ remedies, , –

owners’ remedies, –, –

event occurring before start of charter period,

ExxonMobil Time 2005 form, –

fire, –

fortuitous causes,

“from position not less favourable to Charterers”,

frustration due to, –

fuel costs payable by owners, , –

implied limits on causes,

interruptions to service generally, –

introduction, ,

loss of time

Baltime off-hire clause, –

generally, , –

‘net loss of time’ clauses, –

period clauses, –

NYPE 93

any other cause preventing the full working of the vessel,

damage to hull, machinery or equipment, –

default of men,

‘net loss of time’ clauses, –

at payment due date,

payment of expenses, –

payment of hire to cease,

preventing the full working of the vessel

continuing for more than twenty- four consecutive hours,

introduction, –

preventing “efficient working”,

preventing “full” working, –

preventing working of ship, –

reduction in speed

bottom fouling,

fuel saving,

generally, –,

resumption of hire, –

Shelltime

“from a position not less favourable to Charterers”,

generally, –

Shelltime 4 form,

Oil

number of grades carryable, –

pollution, , 38A.110

Oil major approvals

Shelltime, –, 37.192–

One-ship companies

agent’s authority,

Option to extend charter. See Extension of charter

Orders, See also Instructions

duty to give legitimate orders

effect of illegitimate orders,

election and waiver, –

introduction,

nature of duty, –

owners’ rights to damages or remuneration, –

timing, –

illegitimate order, waiver of damages, –

obedience to charterers’ orders. See Employment clause

speed orders,

“such orders”, meaning of,

trade outside limits. See Trading limits

to unsafe port, –

Ordinary expenses

employment clause, –

Ordinary wear and tear

redelivery in like good order, , –

“Or on any breach of this Charter Party”

generally, –,

NYPE 93,

Owners

agents as,

beneficial owners’ obligations/rights, –

bills of lading. See Signing of bills of lading

change of owners, 38A.113–

division of operations with charterers, , –

duty to keep ship in charterers’ service,

identification as party, , I.28

liens. See Liens

obligations as to description of ship, –

off-hire and owners’ other remedies, –

ownership of ship, –

P. & I. cover, charterers to benefit from, –,

principal obligations, I.28, I.30

provision and payment. See Provision and payment

rights to damages or remuneration

illegitimate voyage orders, –

late redelivery of ship, –

wrongful early redelivery of ship, –

as third-party beneficiary in sub-charter,

“to remain responsible”, –

warranties,

P. & I. cover

charterers benefit from owners’

generally, –

NYPE 93,

Paramount Clause. See Clause Paramount

Parties to contract. See also Third parties

agents. See Agents

agreements for nomination/substitution, –

co-operation, I.53

identification

factual background, –

introduction, –, I.31

misnomer, –

signature,

introduction, –, –

other parties with obligations/rights, –

principal obligations, I.28–I.30

Parent guaranty

ExxonMobil Time 2005 form, 38A.113–

Payment. See Provision and payment; Remuneration

Penalty

meaning,

Performance of ship, See also Speed and fuel consumption

commercially impracticable performance, –

ExxonMobil Time 2005 form

reviews, –

warranties, –

Shelltime, –

Period charters

hybrids of period and trip charters, –

meaning, I.16

Permissions. See Documentation

Piercing the corporate veil. See Corporate veil, piercing of

Pilotage

ExxonMobil Time 2005 form

charterers to provide and pay for, –

charter’s pilots, –

exceptions,

generally, –, –, –, –

NYPE 93, ,

Shelltime, –

Place of delivery/redelivery. See Delivery; Redelivery

Political unsafety

safety of ports, –, –

Pollution

Shelltime,

ExxonMobil Time 2005 form, 38A.110

Port charges

Baltime form,

ExxonMobil Time 2005 form, 38A.67–

payment generally, –

Ports

choice of bunkering ports,

safe ports. See Safe berths; Safe ports

unsafe port. See Unsafe port

Present position of ship

description, , –

Prosecution of voyage. See Utmost despatch

Provision and payment

agencies, –

Baltime form, port charges,

bunkers

property of fuel in,

safety of bunkering place,

charterers’ obligation, –, –

failure to pay. See Withdrawal

fuel

introduction,

NYPE 93,

property in bunkers,

quality, –, –

quantity, –, –

safety of bunkering place,

generally, –, –, I.47

hire. See Hire

hold cleaning expenses,

NYPE 93

fuel,

other usual expenses,

pilotages,

off-hire periods, –

other usual expenses

generally,

NYPE 93,

off-hire periods, –

special trades,

owners’ obligation, , –

pilotages

generally, –

NYPE 93,

port charges

Baltime form,

generally, –

special trades,

sub-charter,

Public policy violation

arbitration, –

Purchase of ship. See Sale of ship

Purchasers of ship. See Shipbuyers

Readiness. See Condition of ship at delivery

Reasonable deviations

liberty to make, –

Redelivery

agreed place

introduction,

measure of damages, –

place other than, –

bunkers, –

charterers’ duty, , –

charterers’ other duties as to,

damages

agreed place, –

late redelivery. See late redelivery below

in like good order,

no notice of redelivery,

wrongful early redelivery, –

dunnage,

early redelivery, –, –

ExxonMobil Time 2005 form, –

hire payable at, –

introduction, –, I.35–I.36

last voyage legitimate?,

late redelivery

additional losses, –

damages generally,

introduction, –

normal measure, –

in like good order

damaged ship,

duty to redeliver, –, –

measure of damages,

ordinary wear and tear, , –

no notice of

date of breach, –

effect of notice,

introduction,

measure of damages,

notice of, ,

place of, –, See also agreed place above

Reduction in speed

bottom fouling, ,

fuel saving,

generally, –,

‘Remoteness of loss or damage’

meaning,

Renunciation

meaning, –

Repairs

ExxonMobil Time 2005 form, –

possible but uneconomic,

Repudiation

meaning, –

of orders,

Requisite instructions

generally, , –

Requisition

ExxonMobil Time 2005 form, –

interruption of service, –

Shelltime, –

Rescission

meaning, –

‘Responsibility’ of the Captain. See Load, stow and trim

Restitution

meaning,

Restraint of Princes, Rulers and People

exception, –, –

Route. See Voyage

Safe berths, See also Unsafe berth

Baltime form,

delivery of ship,

ExxonMobil Time 2005 form, –

NYPE 93,

safety in use, , –

selection of berth, –

Safe ports, See also Safe berths; Unsafe ports

abnormal occurrences, –

agreement to exceed trading limits, –

arrival, –, –

avoidable dangers, –, –

becoming unsafe,

charterers’ absolute obligation, –

charterers’ primary obligation,

charterers’ secondary obligation,

departure, –, –

due diligence, –

ice,

implied term as to safety, –

introduction,

limitation of liability,

named ports, –, –

negligence by master or crew

apportionment of damage, –

causation, –

contributory negligence, –

intervening negligence, –

introduction,

NYPE 93

alternative claim for breach of safety obligation, –

generally,

particular ship,

between ports, –

‘safely lie, always afloat’, ,

safety as question of fact or of law,

safety, meaning of

danger, –

dangers also to other ships or property,

delays, –

introduction, –

political unsafety, –, –

safe for particular ship,

temporary dangers, –

Shelltime, –

use of

berths. See Safe berths

introduction, –

local warnings, –

mooring facilities,

navigational aids, –

safety in, –

war clauses and,

war risk clauses and, –

warranty

effect on third parties,

owner as third-party beneficiary in sub-charter,

‘Safely lie, always afloat’

construed meaning, ,

delivery of ship,

safety of berth. See Safe berths

Safety management

Shelltime,

Sailing instructions

generally, , –

Sale of ship

purchasers’ obligations/rights, –

right to sell,

Salvage

division of net salvage earned, –

ExxonMobil Time 2005 form,

Shelltime, –

Seaworthiness

Clause Paramount,

at delivery. See Condition of ship at delivery

before and at beginning of voyage, –

due diligence, –

fitness for service, and, –

implied, –

introduction, –

liability for unseaworthiness, –

more than seaworthiness implied, –

unseaworthiness contributing to damage, –

U.S. COGSA obligation, –, –

warranty, breach of, –

warranty of, –

Security, See also Liens

arbitration

in aid of award, –

power to make awards, –

Inter-Club Agreement,

provision to avoid discharge delay,

Segregated ballast

Shelltime,

Severable losses

employment clause,

Shelltime

act of war, –

alcohol,

applicable law, –

assignment, –

ballast, segregated,

berths, delegation of selection, –

bills of lading, –

both-to-blame collision clause, –

bunkers

delivery, –

grade, –

bunkers at delivery and redelivery, –

business principles,

cancellation of charter due to ship unreadiness, –

charterers to provide, –

Clause Paramount, –

condition of ship,

confidentiality,

crew. See ship’s personnel below

delivery

bunkers, –

continuing obligations, –, –

generally,

obligations at, –,

oil major approvals, –

personnel at,

description of ship, , –

disbursements,

drugs,

drydocking periods, –

emergency response,

exceptions

act of war, –

generally, –

export restrictions, –

generally, –

hire

payment, –

period, –

rate, –

injurious cargoes, –

inspection of ship, –

instructions, –

insurance, 37.187

interpretation, –

ISPS code, –

last voyage, –

laydays, –

laying-up, –

lien, –

logs, –

loss of ship, –

maintenance, –

New Jason clause, –

novation, –

off-hire,

“from position not less favourable to Charterers”,

generally, –

oil major approvals, –, 37.192–

owners to provide,

performance of ship, –

pilots, –

pollution,

redelivery, bunkers, –

requisition, –

safe places, –

safety management,

salvage, –

segregated ballast,

ship’s personnel

conduct,

continuing obligations, –

generally,

obligations at delivery,

space available to charterers, –

stevedores, –

sub-letting, –

supernumeries,

termination of contract, –

text, F.4

trading limits, –

tugs, –

U.S. MSTA 2002, –

war

act of war exception, –

additional expenses, –

“dangerous” in opinion of master or owners, –

outbreak, –

risks generally, –

safety of ports, –

Ship

cargo operations. See Cargo operations

chartered ship

identification,

introduction,

charterers’ interest in, –

damaged ship at redelivery, |

delivery. See Condition of ship at delivery; Delivery

description. See Description of ship

employment of. See Employment clause

flag, –

hire of. See Hire

inspection, –

introduction, , I.32–I.34

liens. See Liens

name, ,

off-hire. See Off-hire

ownership. See Owners

performance, –

redelivery. See Redelivery

sale. See Sale of ship

substitution, –

supplying of, I.47, See also Provision and payment

withdrawal of. See Withdrawal

Ship stores

charterers’ property right,

Shipbrokers

authority. See Agents

commission. See Commission

contract obligations/rights,

Shipbuyers. See Sale of ship

Signature

agents, –

parties to contract,

Signing of bills of lading

agents on own behalf,

as presented, –, –

authority of master

charterers’ sign on master’s behalf. See charterers’ implied authority to sign for master below

generally, –, –

without prejudice to charterparty,

bailment,

Baltime form, , 21A.54

carrier’s identity

agents on own behalf,

bill expressly stating, –

bill signed by master, –

bill signed for master,

both owners and charterers liable,

charterers,

generally, , –

charterers’ authority to bind owners, –

charterers’ bills

bailment,

generally, –, –

‘Himalaya’ clauses,

charterers’ implied authority to sign for master

Baltime form,

introduction, –

NYPE 93,

tanker charters,

conformity with Mate’s or Tally Clerk’s receipts, –

date on bill incorrect,

demand for

master’s right,

shippers’ right, –

demise clause, with, –, –

destination outside charter limits,

“extraordinary” terms, –

foreign jurisdiction clause,

“freight prepaid”, –

‘Himalaya’ clauses,

Inter-Club Agreement,

intermediate charterers, –

liabilities greater than imposed by charter, –, –

“manifestly inconsistent” terms, –

master

authority to sign for. See charterers’ implied authority to sign for master above

by, –

for,

master’s authority

generally, –, –

without prejudice to charter,

mate’s receipts in conformity, –,

misrepresenting condition of cargo, –

misstated cargo quantity/type,

misstatement that cargo under deck,

not incorporating clause required by charter, –

NYPE 93

charterers’ implied authority to sign for master,

misstatement that cargo under deck,

owners’ remedies,

owners’ bills

conformity with mate’s or tally clerk’s receipts, –

date incorrect,

demise clause, –, –

destination outside charter limits,

“extraordinary” terms, –

foreign jurisdiction clause,

“freight prepaid” bills, –

“manifestly inconsistent” terms, –

misrepresenting condition of cargo, –

misstated cargo quantity/type,

misstatement that cargo under deck, –

not incorporating clause required by charter, –

NYPE 93,

as presented, –

right to freight,

without prejudice to charter, , –

owners’ direct liability, –

owners’ remedies

breach of contract,

express indemnity, –

implied indemnity, –

introduction,

NYPE 93,

timing of indemnity claim,

ratification of bills, –

responsibility for, , –

right to freight,

sub-charterers’ implied authority to sign for master,

tally clerk’s receipts in conformity, –

tanker chargers,

without prejudice to charter

master’s authority to sign,

owners’ bills, , –

Slow steaming

claim,

deduction from hire for,

deliberate, ,

Special trades

payment of expenses for,

Speed and fuel consumption

“about”, –, –

“average”,

bottom fouling, –

Clause 15 of New York Produce form,

continuing capacity and level-of-performance clauses, –

fuel consumption, –

“good weather” qualification, –, –

as intermediate term,

introduction, –, –

reduction in speed. See Reduction in speed

simple capacity description clauses, –

speed orders,

warranties, –

State of ship. See Condition of ship at delivery; Description of ship

Staying suits

arbitration, –

Steam Navigation, risks of

exception,

Stevedores

estoppel, –

introduction,

NYPE 93,

Shelltime, –

Stoppage

exception, –

Stowage. See Load, stow and trim

Strikes

exception, –

interruption of service, –

Sub-charter, See also Liberty to sublet

authority to sign bills of lading for master, –,

effects of, –

ExxonMobil Time 2005 form, –

liens, –

payment of freight or hire,

right to, –

Shelltime, –

Sub-freights

liens. See Liens

meaning of, –

Sub-hire, sub-let, See also Liberty to sublet

ExxonMobil Time 2005 form, –

Shelltime, –

“Subject to”

conduct dispensing with ‘subjects’, –

other uses,

“subject to contract”, –

“subject to details”, –, , –

subject to maritime lien,

subject to permission or approval from third parties,

“subject to survey”, –

Substitution

frustration of charter, , –

parties to contract, –

ship, and, –

Supercargo

generally,

Supernumeries

Shelltime,

Supervision by Captain. See Load, stow and trim

Supplying of ship

responsibilities, I.47

Survey

condition of ship at delivery,

contract ‘subject to’, –

Tally clerk’s receipts

bills of lading conforming with, –

Tanker time charters. See Exxonmobil Time 2005 form; Shelltime

Tanks

maintenance clause, –,

Tendering of ship. See Delivery

Termination of contract

Shelltime, –

Terminology

contract law terms of art, I.26

key terms defined, I.9–I.18

Third parties

arbitration awards, –

contract “subject to permission or approval from”,

default by, frustration of charter, –

safe port warranty,

Tight, staunch, strong. See Condition of ship at delivery

Time, See also Loss of time

arbitration

commencement, –

“time limits”, –

cancelling clause

arisal of right, –

cancelling date, –

lapse of right, –

commencement of hire, ,

commencement of proceedings, –

computation of

local or elapsed, –, –14.A.7

NYPE 93,

date incorrect on bill of lading,

deductions from hire, –

of delivery. See Delivery

indemnity claim,

monthly and semi-monthly hire payments, –

owners’ lien, –

service of notice of withdrawal, –

sub-freights lien, –

time bar, Inter-Club Agreement, –

Time charters, See also Contract; Exxonmobil Time 2005 form; Hire; Shelltime

applicable law, I.19–I.25

charter account, I.54

contract law terms of art, I.26

demise charters contrasted, I.6,

English law, I.3

introduction, I.1–I.2

nature of, I.4–I.8

principal obligations, I.28–I.30

scheme of, I.27–I.54

terminology, I.9–I.18

voyage charters contrasted, I.7–I.8

Tonnage

description of ship,

Trading limits

agreement to exceed, –

charter for trip defined more narrowly than,

ExxonMobil Time 2005 form, –

orders to trade outside limits

compliance with orders, –

damages, –

introduction,

remuneration, –

repudiation of orders,

variation, –

purpose, –

Shelltime, –

types, –

U.S. law, –

war risk clauses. See War risk clauses

Trip charters

hybrids of period and trip charters, –

meaning, I.17

Tugs

ExxonMobil Time 2005 form

charterers’ responsibility, –

charterer’s tugs, –

exception,

generally, –

generally, –

NYPE 93,

Shelltime, –

Unlawful cargoes

prohibition,

Unready ship

cancellation of charter, –

delivery. See Delivery

Unsafe berth

nomination of, –

Unsafe port

effect of order to, –

nomination of, –

safe port becoming,

Unseaworthiness. See Seaworthiness

U.S. Arbitration Act

text, App. D.1

U.S. COGSA

applicability,

arbitration,

both-to-blame collision clause, –, –

cargo claims, , –

cargo operations. See Cargo operations; Load, stow and trim

Clause Paramount, –, –, , , , ,

commencement time for proceedings, –

common law and,

condition of ship at delivery. See Condition of ship at delivery

conflict with other clauses, –

division of operations between owners and charterers, , –

exceptions, –, –, –, –

forum selection clauses, –

incorporation, –, –

indemnity claims,

liberties, –,

NYPE and

applicability,

both-to-blame collision clause,

other general effects,

seaworthiness obligation, –

text, App. A.2

time bar for indemnity claims,

U.S. law, See also Exxonmobil Time 2005 form; Harter Act; U.S. COGSA

applicable law, –

U.S. MSTA 2002

Shelltime, –

Utmost despatch

customary assistance, –, –

deviation,

engineers or other crew members,

exceptions clauses, –

generally, , –

master’s responsibility for safety,

NYPE 93,

prosecution of voyage,

Vouching-in

cargo operations, –

Voyage, See also Last voyage

changes of route, frustration of charter,

discharge during, –

logs, –, –

orders. See Orders

prosecution. See Utmost despatch

reasonable deviations, –

Voyage charters

time charters contrasted, I.7–I.8

Wages

maintenance clause,

Waiver

damages for losses due to illegitimate voyage order, –

meaning,

right of withdrawal. See Withdrawal

War

act of war exception, –

additional expenses, –

“dangerous” in opinion of master or owners, –

ExxonMobil Time 2005 form, –

generally,

insurance,

interruption of service, –

outbreak, –

risks generally, –

safe ports, , –

War risk clauses

bodies with compliance powers,

“dangerous” in opinion of master or owners, –

exercise of discretions, –

hire and frustration, –

introduction, –

owners’ right to effect insurance, –

prohibition on exposure to risk, –

safety of ports, –

Shelltime, –

Warranty

breach of warranty of authority, –

meaning, –

safe port. See Safe ports

seaworthiness at delivery, –

Weather

“Good weather” qualiﬁcation, –, –

Whole reach and burthen of the Vessel

space available to charterers,

Winches. See Cargo gear, equipment, winches and lighting

Withdrawal

anti-technicality clauses

contents of notice, –

introduction,

NYPE 93,

time when notice served, –

any breach of this Charter Party

generally, –,

NYPE 93,

cargo on board, –

damages, right to

injuction to prevent wrongful withdrawal, –

introduction,

measure of damages for wrongful withdrawal, –

obligation to pay punctually as condition, –

repudiatory failure to pay, –

wrongful withdrawal, –

effects of, –, –

equitable relief from forfeiture, –

exercise of

notice of withdrawal, –

withdrawal must be final,

for failure to pay

accruing rights of deduction,

bank error, –

due to event listed in general exceptions clause,

“in advance”, –

introduction, –

late payment, –

late tender of payment,

non-exercise of right to withdraw, –

payment less than amount due, , –

right to deny use of ship, –

grace periods, –

introduction, I.46

non-exercise where failure to pay, –

notice of

content of, –

service of, –,

time of service, –

warning before, –

NYPE 93

anti-technicality clauses,

any breach of charter,

waiver of right

acceptance of late payment, –, –

acceptance of timely but insufficient payment, –

delay in exercise of right, –

introduction,

“Without guarantee”

description of ship,

Without prejudice

signing of owners’ bills of lading,

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