Fill Barecon , download blank or editable online. Sign, fax and printable from PC, iPad, tablet or mobile with PDFfiller ✓ Instantly ✓ No software. Try Now!. BIMCO has recently published its new BARECON following a review of its predecessor, BARECON This revision represents a significant update to. Barecon Standard Bareboat Charter Part I filed by Horizon Lines on June 2nd,
|Published (Last):||13 December 2016|
|PDF File Size:||7.73 Mb|
|ePub File Size:||6.5 Mb|
|Price:||Free* [*Free Regsitration Required]|
Clauses 32 to 44 20001 this Charter, then the terms of the Additional Clauses shall prevail. The Owners or the Charterers as the case may be shall immediately furnish the other party with particulars of any additional insurance effected, including copies of any cover notes or policies and the written consent of the insurers of any such required insurance in any case where the consent of such insurers is necessary.
Insurance policies shall cover the Owners and the Charterers according to their respective interests. Nevertheless, in respect of any repairs, replacements or defects which appear within the first 12 months from delivery by the Builders, the Owners shall endeavour to compel the Builders to repair, replace or remedy any defects or to recover from the Builders any expenditure incurred in carrying out such repairs, replacements or remedies.
The Charterers have to advise the Owners about the performance to the extent the Owners may request. Contact Singapore Office on: If any provision of this Charter is prohibited or unenforceable in any jurisdiction such prohibition or unenforceability shall not invalidate the remaining provisions hereof or affect the validity or enforceability of such provision in any other jurisdiction.
The costs and fees for such inspection or survey shall be paid by the Owner unless the Vessel is found to require repairs or maintenance in order to achieve the condition so provided. Further particulars of Vessel also indicate minimum number of months’ validity of class certificates agreed acc.
It is normal commercial practice in such cases for the owners to maintain the insurances for their own account. The respective rights and barecn of the Badecon and the Charterers as between themselves during the construction and pre-delivery periods for the Vessel shall be as set forth in the Agreement to Acquire and Charter. The Charterers shall not be entitled to refuse acceptance of delivery of the Vessel and upon and after such barecom, subject to Clause 1 dthe Charterers shall not be entitled to make any claim against the Owners in respect of any conditions, representations or warranties, whether express or implied, as to the seaworthiness of the Vessel or in respect of delay in delivery.
Any equipment including radio equipment on hire barecoon the Vessel at time of delivery shall be kept and maintained by the Charterers and the Charterers shall assume the obligations and barexon of the Owners under any lease contracts in connection therewith and shall reimburse the Owners for all expenses incurred in connection therewith, also for any new equipment abrecon in order to comply with radio regulations.
This Charter may be executed in counterparts each of which when so executed and delivered shall be an original, but all of which shall together constitute but one and the same instrument.
The contracting parties can opt for alternative a in a straightforward situation where no mortgage has been effected on the vessel or alternative b in cases where the chartered vessel is financed by a mortgage. It is under charter to the Charterers and by the terms of the Charter Party neither the Charterers nor the Master have any right, power or authority to create, incur or permit to be imposed on the Vessel any lien.
During the term of the Charter, the Owner shall not apply for subsidy under the U. Clause 9 Inventories, Oil and Stores The barecln “consumable” has been removed from the heading of this Clause as “oil and stores” are considered by their nature to be “consumable”.
The Charterers shall barceon entitled to cease paying hire from the date that they are deprived of barcon use of the Vessel and have given written notice thereof to the Owners until such date as the Owners comply with their obligations under this Charter again or until termination of this Charter pursuant to this Clause. The Charterer shall, at its sole cost, be entitled to make baercon retain copies of such logs, drawings, plans, certificates and other technical documentation.
See Clauses 35 and 41 The Vessel upon delivery shall have her survey cycles up to date and trading and class certificates valid for at least the number of months agreed in Box Port or Place of redelivery Cl. To assist the owners, the consent of the charterers to other mortgages is now qualified in both sub-clause a bareocn sub-clause b by the statement “which shall not be unreasonably withheld”.
BARECON introduces in the second paragraph of Clause 15 a warranty on the part of the charterers lines stating that they will not permit the vessel to commence a voyage that cannot reasonably be completed prior to the end of the charter period.
In addition, any such waiver may be given subject to any conditions thought fit by the relevant party granting the same.
BIMCO Search Results
Optional, only to apply if expressly agreed and stated in Box The charterers’ entitlement to refuse to take delivery of the vessel has been changed to an obligation to accept delivery, subject to the provisions of sub-clause 1 d. Minato-ku, Tokyo,Japan. The cross-reference ensures that the charterers do not have to obtain the owners consent to make changes to the vessel required by class.
New class and other safety requirements state percentage of Vessel’s insurance value acc. Notwithstanding the above, should the Charterers fail to redeliver the Vessel within The Charter Period, the Charterers shall pay the 2010 equivalent to the rate of hire stated in Box 22 for the number of days by which the Charter Period is exceeded. This has been done to ensure that one party cannot invoke mediation as a delaying tactic.
Barecon Standard Bareboat Charter Part I by Horizon Lines
Redelivery At the expiration of the Charter Period, unless the Charterer shall have exercised its option to purchase the Vessel pursuant to Clause 74or upon a termination of this Charter pursuant to Clause 59the Charterer shall at its own cost and expense, redeliver the Vessel to the Owner at a safe and ice-free port or place as indicated in Box 16 safely afloat in such ready safe berth or anchorage as the Charterer abrecon direct.
A Bank Guarantee Clause has been incorporated, the text of which also appeared in BARECON 89, for use in circumstances where the charterers do not have substantial assets and the owners require some form of financial guarantee for the Charter.
Maintenance and Operation B. It has been found that in a typical financial bareboat charter such as, for instance, in connection with a new-building vessel, the owners should not become implicated in latent defects which may only manifest themselves a long time after delivery from the yard and the repairs of which are thus not recoverable under the building contract; hence the provisions found in sub-clause 1 d of this clause that in regard to repairs or replacements or any defects which appear within the first twelve months from delivery, the bareckn shall only be liable to the charterers to the extent the owners have a valid claim against the builders bwrecon the Guarantee Clause of the building contract.
The Charterer shall give the Owner not less than one hundred eighty days notice of the expected date of redelivery and shall notify the Owner not 201 than thirty 30 days prior to such Redelivery Date of the range of ports of redelivery or port or place of redelivery. In this Charter, the following terms shall have the meanings hereby assigned to them: The Charterers have the right to fit additional equipment at their expense and risk but the Charterers shall remove such equipment at the end of the period if requested by the Owners.
A failure by the charterers to comply with the provisions of sub-clause 10 a i Maintenance and Repairs is dealt with by Sub-clause 28 a iii.