Chapter 9 Charter Parties. The kinds of charter parties Voyage charter parties I II time charter parties III bareboat charter parties.

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Presentation transcript:

Chapter 9 Charter Parties

The kinds of charter parties Voyage charter parties I II time charter parties III bareboat charter parties

一、 The Definition of Voyage Charter Party A voyage charter party is a charter party under which the shipowner charters out and the charterer charters in the whole or part of the ship's space for the carriage by sea of the intended goods from one port to another and the charterer pays the agreed amount of freight. I.Voyage Charter Parties

二、 The Kinds of V. C/P : single trip c/p; return trip c/p; consecutive single or return trip c/p

三、 Charac- teristics of V. C/P 1 、 The charter period bases on the voyage; 2 、 The shipowner is responsible for captain & crew manning, ship operation, management, etc. ; 3 、 Freight calculation in accordance with the weight or volume of goods ; 4 、 Time lost of the charter period is in the charge of owner; 5 、 Description of the goods laydays, and calculate the demurrage and dispatch charges.

四、 Standard V. C/P Form 1 《统一杂货租船合同》 ( Uniform General Charter ), GENCON 2 《巴尔的摩 C 式》 ( Baltime Berth Charter Party Steamer,Form C ) 3 Australian Grain Charter Party : AUSTRAL

Article 129 A time charter party is a contract under which theshipowner provides a designated manned ship to the charterer, and the charterer employs the ship during the contractual period for the agreed service against payment of hire. II.Time Charter Parties

二、 Types of Time Charter Parties : 1 、 Time Charter Parties 2 、 Time Charter on Trip Basis : TCT

三、 Characters of time c/p (一) The charter period bases on the use of time; (二) The shipowner is responsible for captain & crew manning, ship's navigation and management, and payment of crew wages and related costs; (三) The charterer is responsible for the ship operation, ship dispatch, and the related operating costs; (四) Hire is calculates by rate of rent and the length of hire time; (五) In the charter period,the charterer is in charge of time lost, but not the demurrage, dispatch ;

四、 Standard forms 1 Uniform Time Charter: “ 波尔的姆 ” ( BALTIME ) 2 Time Charter ; “ 土产 格式 ” ( Produce Form ),由美国纽约土 产交易所( New York Produce Exchange) 制 定,现叫 NYPE’93 3 Time Charter Party : “ 中租 1980”(SINOTIME1980 )

一、 Definition : CMC Art.144 Article 144 A bareboat charter party is a charter party under which the shipowner provides the charterer with an unmanned ship which the charterer shall possess, employ and operate within an agreed period and for which the charterer shall pay the shipowner the hire. III.Bareboat Charter Parties

二、 Charact- eristics 1 、 The shipowner provides only a bareboat 2 、 The charterer is responsible for hiring the captain & crew, the ship's use and operation, but the ship's disposition is still belong to the owner; 3 、 The shipowner is only required to bear the depreciation of the ship, all other operating expenses borne by the charterer ; 4 、 The ship‘s insurance premiums , in the contract , shall be stipulated; 5 、 Hire calculated according to the ship’s handling capacity and the length of the period of hire.

三、 Standard forms BIMCO 制定的 Standard Bareboat Charter Code name : “BARECON”

一、 Definition A bareboat charter party is a charter party under which the shipowner provides thecharterer with an unmanned ship which the charterershall possess, employ and operate within an agreed period, the ship ownership is transferred to the charterer at the end of the term specified in the contract, and for which the charterer shall pay the hire purchase payments IV.Bareboat Charter with Hire Purchase

二、 Special provisions ( 一 ) ownership and risk transfer clause Art.154 The ownership of a ship under bareboat charter containing a leasepurchase clause shall be transferred to the charterer when the charterer has paid off the leasepurchase price to the shipowner as stipulated in the charter. ( 二 ) Guarantee of no debts on the ship ( 三 ) ship’s documents