Common STS Clauses

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Some of the most common STS clauses are reported below.

1.1.1. BIMCO Ship to Ship Transfer Clause (for Time Charter Parties)
I.

II.

III.

IV.

V.

VI.

The Charterers shall have the right to order the Vessel to conduct ship to ship cargo
operations, including the use of floating cranes and barges. All such ship to ship transfers
shall be at the Charterers' risk, cost, expense and time.
The Charterers shall direct the Vessel to a safe area for the conduct of such ship to ship
operations where the Vessel can safely proceed to, lie and depart from, always afloat, but
always subject to the Master's approval. The Charterers shall provide adequate fendering,
securing and mooring equipment, and hoses and/or other equipment, as necessary for these
operations, to the satisfaction of the Master.
The Charterers shall obtain any and all relevant permissions from proper authorities to
perform ship to ship operations and such operations shall be carried out in conformity with
best industry practice.
If, at any time, the Master considers that the operations are, or may become, unsafe, he may
order them to be suspended or discontinued. In either event the Master shall have the right
to order the other vessel away from the Vessel or to remove the Vessel.
If the Owners are required to extend their existing insurance policies to cover ship to ship
operations or incur any other additional cost/expense, the Charterers shall reimburse the
Owners for any additional premium or cost/expense incurred.
The Charterers shall indemnify the Owners against any and all consequences arising out of
the ship to ship operations including but not limited to damage to the Vessel and other costs
and expenses incurred as a result of such damage, including any loss of hire; damage to or
claims arising from other alongside vessels, equipment, floating cranes or barges; loss of or
damage to cargo; and pollution.

1.1.2. BPTIME3
I.
II.

III.

Loading and Discharge Ship-to Ship Transfers


The Vessel shall be loaded and discharged at any port (which term for the purpose of this
Charter shall include any port, berth, dock, loading or discharging anchorage or offshore
location, submarine line, single point or single buoy mooring facility, alongside vessels or
lighters or any other place whatsoever as the context requires) in accordance Charterers'
instructions. Before instructing Owners to direct the Vessel to any port, Charterers shall
exercise due diligence to ascertain the safety of such port, but Charterers do not warrant the
safety of any port and shall be under no liability in respect thereof except for loss or damage
caused by Charterers' failure to exercise due diligence.
Charterers shall have the option of transferring the whole or part of the cargo (which shall
include topping-off and lightering) to or from any other vessel including, but not limited to,
an oceangoing vessel, barge and/or lighter (the "Transfer Vessel").

All transfers of cargo to or from Transfer Vessels shall be carried out in accordance with the
recommendations set out in the latest edition of the "ICS/OCIMF Ship to Ship Transfer Guide
(Petroleum)". Owners undertake that the Vessel and its crew shall comply with such
recommendations, and similarly Charterers undertake that the Transfer Vessel and its crew shall
comply with such recommendations. Charterers shall provide and pay for all necessary equipment
including suitable fenders and cargo hoses.

Charterers shall have the right, at their expense, to appoint supervisory personnel to attend on board
the Vessel, including a mooring master, to assist in such transfers of cargo.

1.1.3. Trader Time Charter party Clause


I.

II.

III.

IV.
V.

The Charterers have the option to load or discharge the Vessel via ship-to ship transfer either
partially or totally at sea or at anchor or underway off any port that the Charterers may
direct and the Charterers have the right to employ the vessel in unrestricted, consecutive
ship-to-ship transfer operations.
The Owners warrant the Vessel is and will remain fully suitable for such lightering operations
and that the operations shall be carried out in accordance with all applicable conventions,
laws, regulations, rules and the like of any international, national, state or local government
entity and in accordance with the procedures set out in the latest revised edition of the
International Chamber of Shipping Oil Companies International Marine Forum Ship-to-Ship
Transfer Guide (Petroleum) ("ICS/OCIMF Guidelines").
The Owners agree to allow supervisory personnel on board including but not limited to a
Mooring Master to advise on the performance of the ship-to-ship transfer operation. It is
understood, however, that the Master of the Vessel shall be responsible for the safe
operation of the Vessel at all times throughout the transfer operation and for assuring that
the requirements of any conventions, laws, regulations and rules, the ICS/OCIMF Guidelines
and prudent seamanship are met. It is further understood and agreed that the crew of the
Vessel will assist in handling fenders and cargo hoses as well as mooring and unmooring as
required by the Mooring Master at no costs to the Charterers.
The Owners guarantee that the Vessel is capable of and will maintain a safe and reasonable
stability during and after the lightering operation.
The Charterers will provide all fenders, hoses and equipment necessary to perform the
lightering operation at the Charterers' expense.

1.1.4. STBTIME
I.

The Vessel shall be loaded, discharged, or lightered, at any port, place, berth, dock,
anchorage, or submarine line or alongside lighters or lightering vessels as Charterer may
direct. Notwithstanding anything contained in this Clause or any other provisions of this
Charter, Charterer shall not be deemed to warrant the safety of any port, berth, dock,
anchorage, and/or submarine line and shall not be liable for any loss, damage, injury or delay
resulting from conditions at such ports, berths, docks, anchorages, and submarine lines not
caused by Charterer's fault or neglect or which could be avoided by the exercise of
reasonable care on the part of the Master or Owner.

1.1.5. SHELLTIME4
Owners agree to let the Charterers agree to hire the vessel for a period of commencing from the time
and date of delivery of the vessel, for the purpose of carrying all lawful merchandise (subject always
to Clause 28) including in particular in any part of the world, as Charterers shall direct, subject to the
limits of the current British Institute Warranties and any subsequent amendments thereof.
Notwithstanding the foregoing, but subject to Clause 35, Charterers may order the vessel to icebound waters or to any part of the world outside such limits provided that Owners consent thereto
(such consent not to be unreasonably withheld) and that Charterers pay for any insurance premium
required by the vessel's underwriters as a consequence of such order. Charterers shall use due

diligence to ensure that the vessel is only employed between and at safe places (which expression
when used in this charter shall include ports, berths, wharves, docks, anchorages, submarine lines,
alongside vessels or lighters, and other locations including locations at sea) where she can safely lie
always afloat. Notwithstanding anything contained in this or any other clause of this charter,
Charterers do not warrant to safety of any place to which they order the vessel and shall be under no
liability in respect thereof except for loss or damage caused by the failure to exercise due diligence as
aforesaid. Subject as above, the vessel shall be loaded and discharged at any places as Charterers may
direct, provided that Charterers shall exercise due diligence to ensure that any ship-to-ship transfer
operations shall conform to standards not less than those set out in the latest published edition of the
ICS/OCIMF Ship-to-Ship Transfer Guide.

1.1.6. BPVOY4
I.

Cargo Transfers

Charterers shall have the option of transferring the whole or part of the cargo (which shall include
topping-off and lightering) to or from any other vessel including, but not limited to, an ocean-going
vessel, barge and/or lighter (the "Transfer Vessel"). Such transfers may take plat at an In-port Transfer
Position, an Additional Port Transfer Position and/or a Transshipment Area, which terms shall have
the following meanings when use in this Charter.
II.

In-Port Transfer Position

A position within a nominated loading or discharge port within the Ranges stated in Sections E and F
of PART 1 where part of the cargo is transferred to or from a Transfer Vessels also take place within
this port.
III.

Additional Port Transfer Position

A position at a port in the Ranges stated in Sections E and F of PART 1, or en route thereto, where part
of the cargo is transferred to or from a Transfer Vessel, provided that the only cargo operations taking
place at the port are transfers to or from Transfer Vessels, but the position is not the first or sole
loading position or last or sole discharge position under this Charter.
IV.

Transshipment Area

A position at a port in the Ranges stated in Sections E and F of PART 1, where the whole or part of the
cargo is transferred to or from a Transfer Vessel, provided that the only cargo operations taking place
at this port are transfers to or from Transfer Vessels, and the position in the first or sole loading port
or last or sole discharge position under the Charter. All transfers of cargo to or from Transfer Vessels
shall be carried out in accordance with the recommendations set out in the latest edition of the
"ICS/OCIMF Ship to Ship Transfer Guide (Petroleum)". Owners undertake that the Vessel and her crew
shall comply with such recommendations, and similarly Charterers undertake that the Transfer Vessel
and her crew shall comply with such recommendations. Charterers shall provide and pay for all
necessary equipment including suitable fenders and cargo hoses. Charterers shall have the right, at
their expense, to appoint supervisory personnel to attend on board the Vessel, including a mooring
master, to assist in such transfers of cargo.
V.

In-port Transfer Position

An In-port Transfer Position shall not constitute an additional loading or discharge port for the
purposes of calculating freight rate for the voyage shall be the same as if no cargo transfer at such In-

port Transfer Position has taken place. If the Vessel moves from In-port Transfer Position to berth, or
vice versa, such movement shall not be deemed to constitute shifting under Clause 5. Charterers shall
reimburse Owners for any additional port costs incurred by Owners in complying with Charterers'
instructions under this Clause 8.2. Subject the exceptions and exclusions of lay time and/or
demurrage found elsewhere in this Charter, including but not limited to those under Clauses 17 and
18, the time used at an In-port Transfer Position shall count as lay time or, if the Vessel is on
demurrage, as demurrage. If an In-port Transfer Position is the first position at which loading or
discharge takes place within that port then lay time shall commence in accordance with Clauses 7.3.1
and 7.3 .2. If an In-port Transfer Position is the last position at which loading or discharge takes place
within that port then lay time shall end when unmooring has been completed and fenders have been
removed from the Vessel.
VI.

Additional Port Transfer Position

Except for the purposes of calculating lay time and/or demurrage, the Additional Port Transfer
Position shall not constitute an additional loading or discharge port and the freight rate from the
voyage shall be the same as if no cargo transfer at such Additional Port Transfer Position has taken
place. Subject to the exceptions and exclusions of lay time and/or demurrage found elsewhere in this
Charter (save that the provisions of Clause 18.1 shall not apply to this Clause 8.3), the time used at an
Additional Port Transfer Position shall count as lay time or, if the Vessel is on demurrage, as
demurrage. Lay time or, if the Vessel is on demurrage, demurrage shall commence when a valid NOR
has been tendered at the Additional Port Transfer Position and has become effective as determined
under Clause 6.3, and shall end when unmooring has been completed and fenders have been
removed from the Vessel. For this purpose Charterers shall not have the benefit of the period of six
(6) hours provided Clause 7.3.2. Any additional period by which the steaming time taken to reach the
next loading or discharge port via an Additional Port Transfer Position exceeds the time that should
have been taken had the Vessel proceeded to the next port directly shall count as lay time or, if the
Vessel is on demurrage, as demurrage. Such additional period shall be the time required for the
Vessel to steam the additional distance at the average speed actually achieved by the Vessel during
the voyage or the Charter Speed as stated in
Section B.25 of PART 1, whichever is the higher.
Charterers shall pay Owners for additional bunkers consumed for steaming the additional distance at
the price paid by Owners, net of all discounts and rebates, for the last bunkers lifted. Charterers shall
reimburse Owners for any additional port costs incurred by Owners in complying the Charterers'
instructions under this Clause 8.3.
VII.

Transshipment Area

A Transshipment Area Shall is deemed to be a port for the purposes of calculating freight and the
freight rate for the voyage shall be the rate as published in World scale for the relevant
Transshipment area. If a rate is not already published for the relevant Transshipment Area the rate
shall be the rate determined by World scale on the application of either party. Subject to the
exceptions and exclusions of lay time and/or demurrage found elsewhere in this Charter, including
but not limited to those under Clauses 17 and 18, the time used at a Transshipment Area shall count
as lay time or, if the Vessel is on demurrage, as demurrage. Lay time or, if the Vessel is on demurrage,
demurrage, shall commence and end in accordance with Clause 7.3.

1.1.7. ExxonMobil Voy 2000

Lightering / Discharge at Sea / Cargo Advisor


I.

II.

III.

IV.

V.

Except when required by reason or fault attributable to Vessel, any lightering or discharge at
sea or at a place outside a port shall be at the expense of Charterer and, notwithstanding
Clauses 11, 13 (a) and 14 (a) and (b), time used for such lightering or discharge shall count as
lay time or as time on demurrage, as provided below:
If Vessel is lightered at sea or at a place outside a port, lay time or, if Vessel is on demurrage,
time on demurrage shall commence when Vessel arrives at the lightering site designated by
Charterer and shall end when disconnecting of the cargo hoses from the last cargo receiving
vessel has been completed.
If Vessel is fully discharged at sea or at a place outside a port, lay time or, if Vessel is on
demurrage, time on demurrage shall commence upon the expiration of six (6) hours after
Vessel arrives at the lightering site designated by Charterer or when Vessel is all fast
alongside the first cargo receiving vessel, whichever occurs first, and end when disconnection
of the cargo hoses from the last cargo receiving vessel has been completed.
If Vessel is fully discharged at sea, freight payment shall, in the absence of agreement as to
the appropriate freight rate, be based on the freight rate stipulated in Part 1 (G) multiplied
by a flat rate which shall be obtained from the World scale Association (London) Limited or
the World scale Association (NYC) Inc. If Vessel is lightered at sea, the lightering site shall not
constitute a port or place additional to those specified in part 1 (D) and the freight rate for
the voyage shall be the same as if the lightering had not taken place. Charterer however shall
reimburse Owner for any time by which the steaming time to the final discharging port or
place exceeds that which would have been taken if Vessel had not lightered at the Deviation
Rate per day or pro rata for a part thereof. In addition, Charterer shall pay for extra bunkers
consumed by Vessel during such excess time at Owner's documented actual replacement
cost at the port where bunkers are next taken.
With respect to any loading or discharging in port or at sea, Charterer may, as its option and
cost, place on the Vessel one or more cargo advisors to monitor the loading, lightering
and/or discharge of cargo and, if applicable, the inert gas and/or crude oil washing. It is
understood and agreed however, that the Master and Owner shall continue to be fully and
solely responsible for the operation, management and navigation of Vessel during the entire
loading, lightering and/or discharging operation.

1.1.8. SHELL VOY 5


I.

Safe berth

Charterers shall exercise due diligence to order the vessel only to ports and berths which are safe for
the vessel and to ensure that transshipment operations conform to standards not less than those set
out in the latest edition of ICS/OCIMF Ship-to-Ship Transfer Guide (Petroleum). Notwithstanding
anything contained in this charter, Charterers do not warrant the safety of any port, berth or
transshipment operation and Charterers shall not be liable for loss or damage arising from any
unsafety if they can prove that due diligence was exercised in the giving of the order.
II.

Notice of readiness/Running time

... (2) If the vessel loads or discharges cargo by transshipment at sea time shall count from the arrival
of the vessel at the transshipment area or from commencement of lay days, whichever is later, and,
subject to Clause 14 (c), shall run until transshipment has been completed and the vessels have
separated.

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