Draft CP Terms For COAL COA

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CONTRACT OF AFFREIGHTMENT –[COA]

Date:

IT WAS AGREED BETWEEN :

OWNERS:

AND

CHARTERERS: FCC / MNC FIRM

1. OWNERS WARRANT THAT THE VESSEL HAVE VALID CLASS , P&I ,H&M INSUR-
ANCE AND TRADING CERTIFICATES THROUGHOUT THIS ENTIRE VOYAGE .

2. OWNERS WARRANT THAT THE VESSEL HAS ALL VALID CLASS CERTIFICATES.

3.OWNERS WARRANT THAT THE VESSEL’S HOLD ARE CLEAR OF ANY FITTINGS/
SUPERSTRUCTURES SUCH AS CARDECK, CURTAIN PLATES WHATSOEVER.
VESSEL IS TRADING AS A SINGLE DECKER .

4.OWNERS GUARANTEE THAT VESSELS’ HATCH COVERS ARE TO BE WATER


TIGHT ALL THROUGHOUT THIS CHARTER PERIOD AND IF HATCH COVER FOUND
NOT WATERTIGHT ,SAME TO BE RECTIFIED AT OWNERS TIME AND EXPENSE TO
THE CHARTERERS SATISFACTION .

5.VESSEL’S HOLD LATEST ON ARRIVAL AT FIRST LOADING PORT TO BE


CLEAN/SWEPT/WASHED, DRIED, FREE OF ACCESSIBLE LOOSE RUST
FLAKES/SCALE AND RESIDUES OF PREVIOUS CARGO(ES) /INFESTATION AND
READY TO LOAD ALL INTENDED CARGO(ES) .

IN CASE OF THE VESSEL HOLDS ARE REJECTED AT LOADING PORT BY SHIPPER’S


SURVEYOR, VESSEL TO BE OFF-HIRED FROM TIME OF REJECTION UNTILL THE
HOLDS ARE PASSED /ACCEPTED BY THEM.

HOWEVER, IF AS PER MASTER’S / OWNER’S BELIEF THERE IS A PRE CONCEPTION


FROM SHIPPER’S SURVEYIR SIDE, THE OWNERS HAVE AN OPTION THE
REPEATED HOLD SURVEY TO BE DONE BY INDEPENDENT SURVEYOR WHO SHALL
BE APPOINTED BY OWNER’S AND CHARTERER’S OR THEIR P&I CLUBS, AND THE
DECISION OF INDEPENDENT SURVEYOR WILL BE FINAL AND BINDING FOR BOTH
PARTIES .

6. PERIOD: 12 MONTHS CHOPTN

7. DELIVERY /REDELIVERY TIME TO BE ONE WEEK; AFTER SIGNING COA AND


ADVANCE PAYMENT RECEIVED BY OWNS

8. TRADING AREA: DHAMRA - AND KOLKATA , INDIAN COAST.


COASTAL CONVERSION/ RECONVERSION TIME AND COST IF ANY ON OWNERS
ACCOUNT AND TIME. ANY CUSTOMS DUTY APPLICABLE ON BUNKERS/LUBES AND
PROVISION CONSUMED DURING THE VOYAGE WILL BE ON OWNER’S ACCOUNT.

9. PERFORMING VESSEL : MV xxxxxxxxxXX

M.V. xxxxxxxxxx

10. DELIVERY: Dhamra , INDIA ATDN SHINC

DEPLOYMENT WILL BE 20 DAYS FROM THE DATE OF RECEIPT OF ADVANCE


(10000MT) AND MOBILIZATION CHARGES .

11. REDELIVERY: Dhamra Port, ATDN SHINC

12. LAYCAN 1st week of june 2018 IAGW WP.

13. FREIGHT : INR 500 [INCLUSIVE OF GST], PDPR INCLOT .

-DEPOSIT : CHARTERERS TO PAY DEPOSIT OF 10000MT CARGO @ INR 500 PMT


PLUS MOBILIZATION COST AS ADVANCE; WHICH THE AMOUNT TO REMAIN WITH
OWNERS UNTIL VESSEL IS TO BE REDELIVERED AND THE DEPOSIT TO BE DE-
DUCTED FROM 2ND LAST AND LAST MONTH WITH SUFFICIENT FRT PAYMENT .

ONLY MOBILIZATION CHARGES WILL PAY AS EXTRA BY CHRTS AND DE-MOB ON


OWNS ACCOUNT.

- THE HIRE AND RELATED PAYMENTS WILL BE CONFIRMED TO BE PAID TO


OWNER ONCE THEY ARE SUCCESSFULLY TAKEN CREDIT INTO OWNERS’S BANK
ACCOUNT .

14. PAYMENT:

CHARTERER WILL PAY THE FREIGHT W/I 2 WORKING DAYS AFTER COMPLETION
OF DISCHARGE AND ON RECEIVING OF FREIGHT INVOICE FROM OWNERS OF
EVERY VOYAGE.

• FREIGHT DEPOSIT PAYMENT: SAME HAS TO BE ADJUSTED ON 2ND LAST MONTH


AND LAST MONTH VOYAGES, IF ANY BALANCE TO BE ADJUSTED ON FAVOR OF
THE OWNER OR THE CHARTERER WHICH WILL BE PAID WITHIN 3 BANKING DAYS
AFTER VESSEL’ REDELIVERY AND AFTER RECEVING INVOICE.

DEMURRAGE / DETENTION : USD 1000 PDPR

15. WHILE THE VESSEL IS ON HIRE (COA) THE OWNERS SHALL BE IN CHARGE
OF THE FOLLOWING:
• INSURANCE OF VESSEL AND CREW.
• FEES, CHARGES RELATED TO VESSEL’S FLAG.
• PROVISIONS, CABIN, DECK, ENGINE-ROOM AND OTHER NECESSARY
STORES.
• FW , LUBS OIL AND BUNKER .
• FEES, CHARGES RELATED TO CREW SUCH AS CREW’S WAGE, CREW
CHANGES FEES.
COASTAL CONVERSION/ RECONVERSION TIME AND COST IF ANY ON OWNER’S
ACCOUNT AND TIME. ANY CUSTOMS DUTY APPLICABLE ON BUNKERS/LUBES AND
PROVISION CONSUMED DURING THE VOYAGE WILL BE ON OWNER’S ACCOUNT.

16. WHILE THE VESSEL IS ON HIRE THE CHARTERER SHALL BE IN CHARGE OF


THE FOLLOWING:

• ALL CHARGES RELATED TO THE VESSEL FOR VOYAGE OPERATIONS WHILE IN


THIS COA OF VOYAGES WILL BE ON OWNS ACCOUNT.
• DUNNAGE, SECURING, LASING, TRIMMING AND TALLY ETC…IF ANY TO BE ON
CHARTERER’S ACCOUNT
•FUMIGATIONS IF ANY TO BE FORE CHARTERER COST AND TIME

17. CARGO: COAL IN BULK – VOLUME: 20000MT MONTHLY – PERIOD: 12


MONTHS CONTINUES

OWS GTEE THT VSL CAN LOAD UPTO FULL 2500 MT SUBJECT TO PERMITABLE
DRAFT OF THE VESSEL STOWAGE FACTOR OF CARGO PERMITS AND PROVIDED
THERE ARE NO RESTRICTIONS AND MEET THE MASTER’S SATISFACTION.

- CARGO WILL BE DISCHARGED /DELIVERIED BY ORIGINAL B(S)/L. IN CASE THE


OBL IS NOT AVAILABLE AT DISPORT WHEN VESSEL ARRIVE, THE CARGO WILL
BE DELIVERIED AGAINST THE BANK GUARANTEE OR IN CHRTS OPTION L.O.I.
ISSUED
AS PER OWNERS P AND I CLUB INSTRUCTIONS AND SIGNED BY BOTH SHIPPERS
AND RECEIVERS. THE OBL HAS TO RETURN TO OWNER WITHIN 15 DAYS AFTER
COMPLETE DISCHAGRING EACH SHIPMENT.

- IF THE VESSEL GET ARRESTED OR DETAINED BECAUSE OF CARGO PROBLEMS


AND ANY DISPUTE RELATED TO CHARTERERS/ SHIPPERS/ RECEIVERS, THE
CHARTERER HAVE TO TAKE THE RESPONSIBILITY TO FREE THE VESSEL FROM
THE DETAINING AND ARRESTING. ALL RELATED COSTS/FEES WILL BE ON CHAR-
TERER’S ACCOUNT AND ALL THE TIME FROM VESSEL GET DETAINED UNTIL RE-
LEASED WILL BE COUNTED AS ON-HIRE TIME.

18. NOTICE OF DELIVERY: OWNER/MASTER/ VESSEL WILL GIVE THE CHARTERER


BY EMAIL THE 20/15/12/10/5/4/3/2/1 DAY NOTICE OF EXPECTED DATE OF DE-
LIVERY. NOTICE OF DELIVERY TO BE TENDERED BY EMAIL TO CHARTERER AT ALL
TIMES ALL DAY SHINC. THE ON-HIRE TIME WILL START ONCE THE OWNER OR
MASTER SENDS THE DELIVERY NOTICE TO THE CHARTERER BY EMAIL. WHEN
THE OWNER OR MASTER SENDS THE DELIVERY NOTICE TO THE CHARTERER BY
EMAIL WHICH MEANS THE VESSEL IS READY IN ALL RESPECTS TO BE DELIVERED
TO THE CHARTERER.
19. NOTICE OF REDELIVERY: THE CHARTERER WILL GIVE THE OWNER BY EMAIL
THE 20/15/10/7/5/4/3/2/1 DAY NOTICE OF EXPECTED DATE OF REDELIVERY.
NOTICE OF REDELIVERY TO BE TENDERED BY EMAIL TO OWNER ALL TIMES ALL
DAY SHINC. THE CHARTERER HAS TO COMPLETE ALL THE OUTWARD FORMALI-
TIES AND CLEARANCE, PAY THE PDA AND ALL RELATED PORT CHARGES IN THE
LAST DISPORT INCLUDING RECONVERSION FEES FOR VESSEL’S FOREIGN TRAD-
ING WHEN VESSEL COMPLETE DISCHARGING OF THE LAST VOYAGE BEFORE
SENDING THE OWNER BY EMAIL THE REDELIVERY NOTICE TO REDELIVERY THE
VESSEL TO OWNER. IF THE CHARTERER FAILS TO SEND OWNER THE REDELIVERY
NOTICE, THE ON-HIRE TIME WILL CONTINUE TO COUNT UNTIL THE VESSEL PER-
FORMS HER NEXT EMPLOYMENT.

20. DAILY REPORT: THE MASTER SENDS THE DAILY REPORT BY EMAIL TO THE
CHARTERER/ OWNER FROM 8:00 – 12:00 SINGAPORE TIME. THE CONTENT OF
THE DAILY REPORT MUST INCLUDE VESSEL’S POSITION, AVERAGE SPEED, SEA
CONDITIONS, THE ROB, THE CARGO STATUS (IN PORT), THE
POB/ETA/ETB/ETC/ETD…

21. OWNER HAS THE RIGHT TO STOP THE VESSEL AT ANY TIME ANYWHERE IF
THE OWNERS STILL NOT RECEIVED THE HIRE AND OTHER PAYMENTS AS PER THE
AGREEMENTS IN THIS TIME CHARTER AND THE TIME OF THE VESSEL STOPPAGE
IS STILL CONTINUED ON HIRE.

ADDITIONALLY, IF THE CHARTERER FAILS THE PUNCTUAL AND PAYMENT OF THE


HIRE AND OTHER RELATED DUES OF THIS CHARTER PARTY, THE OWNER SHALL
BE AT LIBERTY TO WITHDRAW THE VESSEL FROM THE SERVICE OF THE CHAR-
TERERS WITHOUT PREJUDICE TO ANY CLAIMS THE OWNERS MAY OTHERWISE
HAVE ON THE CHARTERERS. THE CHARTERER WILL BE RESPONSIBLE FOR ALL
COSTS/LOSSES/EXPENSIVES OCCURRED TO THE VESSEL / OWNER BECAUSE OF
THE FAILING THE PAYMENT AND BREACH THE SIGNED CP AND THE CHARTERER
HAVE TO PAY THE HIRE DUE OF THE VESSEL UNTIL THE NEXT EMPLOYMENT OF
THE VESSEL.

22. STEVEDORE DAMAGE: MASTER NOTIFIES IN WRITING OF THE TIME OF OC-


CURRENCE OF DAMAGE WITHIN 48 HOURS OR AS SOON AS POSSIBLE, BUT LAT-
EST UPON SAILING FROM THE PORT OF OCCURRENCE, EXCEPT IN CASE OF HID-
DEN DAMAGE, WHICH TO BE REPORTED ON DISCOVERY BUT LATEST ON COM-
PLETION OF DISCHARGE ON THE VOYAGE IN QUESTION, SUCH NOTICE TO SPEC-
IFY THE DAMAGE IN DETAILS AND TO INVITE CHARTERERS TO APPOINT A SUR-
VEYOR TO ASSESS THE EXTENT OF SUCH DAMAGES.

(A) IN CASE OF ANY AND ALL DAMAGE(S) AFFECTING THE VESSEL'S SEAWOR-
THINESS AND/OR THE SAFETY OF THE CREW AND/OR AFFECTING THE TRADING
CAPABILITIES OF THE VESSEL, THE CHARTERERS SHALL IMMEDIATELY ARRANGE
FOR REPAIRS OF SUCH DAMAGE(S) ON THEIR EXPENSE AND THE VESSEL IS TO
REMAIN ON HIRE UNTIL SUCH REPAIRS ARE COMPLETED AND IT REQUIRED
PASSED BY THE VESSEL’S CLASSIFICATION SOCIETY, CHARTERERS TO BE RE-
SPONSIBLE FOR ONLY DIRECTLY RELATED EXPENSES INCLUDING BUT NOT LIM-
ITED TO CLASSIFICATION SOCIETIES FEES.

(B) ANY AND ALL DAMAGE(S) CAUSED BY STEVEDORES’ NOT DESCRIBED UN-
DER POINT (A) ABOVE SHALL BE REPAIRED AT THE CHARTERER’S OPTION, BE-
FORE OR AFTER REDELIVERY. IN SUCH CASE NO HIRE WILL BE PAID TO THE
OWNERS EXCEPT AND INSOFAR AS THE TIME AND/OR THE EXPENSES REQUIRED
FOR THE REPAIRS FOR WHICH THE CHARTERERS ARE RESPONSIBLE.

23.CHARTERERS HAVE RIGHT TO USE ANY L/S/D MATERIAL AVAILABLE ON


BOARD FREE OF ANY CHARGES, BUT CONSUMABLES TO BE REPLACED BY CHAR-
TERERS , OR PAID WITH FINAL HIRE AT PRICES TO BE AGREED BEFORE USING .

24. THE CHARTERER/ SHIPPERS/ RECEIVERS HAVE TO ARRANGE SUITABLE


GRABS FOR VESSEL FOR LOADING AND DISCHARGING CARGO AT THEIR COSTS
AND TIME.

25. ARBITRATION: ARBITRATION IN SINGAPORE & ENGLISH LAW TO APPLY.

26. MASTER /CREW /VESSEL HAVE THE RIGHT TO DEVIATE FOR THE SAFETY OF
THE VESSEL /CARGO/CREW AND THE TIME FOR DEVIATION STILL TO BE
COUNTED ON HIRE.

27. COMMISSION: 2.5% TO AVERINDIA + 1.25% VBTC + ADDCOM TO CHRTS


REP TO BE PROVIDED BY OWNS; WHICH WILL CONFIRM BY CHRTS AS EXTRA
MARK-UP FROM THE AGREED FRT OF INR 500/MT BEFORE FINALIZATION OF COA.

FOR OWNERS:===========SIGN/STAMP

FOR CHARTERS:==========SIGN/STAMP

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