1.

Place and date NORTH AMERICAN FERTILIZER CHARTER PARTY 1978/88

CODE NAME: "FERTIVOY 88" Part I
2. Owners/Disponent Owners/Timecharter-Owners (indicate name, address and 3. Charterers (indicate name, address and telex number) (Cl. 1)
telex number) (Cl. 1)

4. Vessel's name (Cl. 1) 5. Call sign (Cl. 1) 6. Year built (Cl. 1) 7. Flag (Cl. 1)

8. Class (Cl. 1) 9. GRT/NRT (Cl. 1) 10. DW-cargo capacity and draught on summer load line (Cl. 1)

11. Type of vessel (also state cargo gear and grain cubic capacity of each hold) (Cl. 1 & 7(b))

12. Present position (Cl. 1) 13. ETA loading port (Cl. 1) 14. Laydays date (Cl. 5) 15. Cancelling date (Cl. 6)

16. Advance notices (loading) and ETA messages to (state telegr. address(es)) 17. Sailing telegr. and ETA's (discharging) to (state telegr. address(es)) (Cl. 3 & 4)
(Cl. 2 & 4)

18. Cargo (5 per cent more or less in Owners' option unless other margin agreed) in tons of 1000 kilos (if full and complete cargo not agreed, indicate "part cargo")
(indicate whether in bulk, or bags and if deck cargo agreed) (Cl. 1 & 11)

19. Loading port(s) (also state if two or more berths agreed) (Cl. 1 & 18) 20. Daily load. rate (Cl. 14) 21. Draught on sailing not to exceed
(Cl. 18)
22. Demurrage rate (load.) (Cl. 15)

23. Despatch Money (load.) (Cl. 16)

24. Discharging port(s) (also state if two or more berths agreed) (Cl. 1 & 18) 25. Daily discharge rate (Cl. 14) 26. Draught on arrival not to exceed
(Cl. 18)
27. Demurrage rate (disch.) (Cl. 15)

28. Despatch Money (disch.) (Cl. 16)

29. Freight rate (indicate whether payable per metric or long ton) (state whether 30. Freight payment (currency and where payable; also state beneficiary and bank
fully or partly prepaid) (Cl. 1 & 20) account) (Cl. 20)

31. At loading port(s) vessel to be consigned to agents nominated by (Cl. 21) 32. At discharging port(s) vessel to be consigned to agents nominated by (Cl. 21)

33. Brokerage commission and to whom payable (Cl. 22) 34. Law and arbitration (state 37.1., 37.2. or 37.3. of Cl. 37, as agreed; if 37.3.
agreed also state place of arbitration) (if Box 34 not filled in 37.1. shall apply)
(Cl. 37)

35. Number of additional clauses covering special provisions if agreed

It is mutually agreed that this Contract shall be performed subject to the conditions in the Charter Party consisting of PART I including additional clauses, if any agreed
and stated in Box 35, and PART II. In the event of a conflict of conditions, the provisions of PART I shall prevail over those of PART II to the extent of such conflict
but no further.
Signature (Owners) Signature (Charterers)

Printed by The BIMCO Charter Party Editor

 PART II
"Fertivoy 88" Charter Party
1. Preamblee 1 charging port. 71
It is this date mutually agreed between the Owners, Disponent Owners or 2 (b) E.T.A. - 15 and 7 running days as well as seventy-two (72), forty-eight 72
Timecharter-Owners indicated in Box 2 (hereinafter referred to as Owners) 3 (48), and twenty-four (24) hours prior to Vessel's expected arrival at the dis- 73
of the Vessel named in Box 4 with particulars as indicated in Boxes 5 4 charging port(s) the Vessel shall telegraph to Receivers or their Agents as 74
through 11, now in the position stated in Box 12 and expected ready to load 5 indicated in Box 17 stating the Vessel's E(stimated) T(ime) of A(rrival) at the 75
under this Charter Party on about the date indicated in Box 13, and the party 6 discharging port(s), or if already at the discharging port(s) discharging 76
indicated as Charterers in Box 3, that the said Vessel being classed in the 7 other cargo or for other reason, the Vessel shall give corresponding notices 77
highest class of Lloyd's Register of Shipping or equivalent and warranted 8 when the Vessel is expected to be ready to discharge the cargo under this 78
tight, staunch, and strong and in every way fitted for the voyage, so far as 9 Charter Party. 79
due diligence can make her so, shall with all convenient speed proceed to 10
the loading port or ports indicated in Box 19 and there load the cargo stated 11 4. Alteration in Readinesss 80
in Box 18, which the Charterers bind themselves to supply, and being so 12 The Master or Owners are to keep Charterers and/or Shippers as indicated 81
loaded shall proceed to the discharge port or ports indicated in Box 24, and 13 in Box 16 and Receivers and/or their Agents as indicated in Box 17 conti- 82
there deliver the cargo on being paid freight on intaken weight at the rate 14 nuously advised of any alteration in Vessel's readiness to load respectively 83
stated in Box 29. 15 discharge. 84

2. Advance Notices (Loading)) 16 5. Laydayss 85

(a) Approximate date. - At least fifteen (15) calendar days before the Ves- 17 Laydays are not to commence before 0800 hours on the date stated in Box 86
sel's readiness to load, the Master or Owners shall telegraph Charterers 18 14 unless otherwise agreed. 87
and/or Shippers as indicated in Box 16 stating the approximate date of the 19
Vessel's readiness to load, the approximate quantity of cargo, and the Ves- 20 6. Cancellingg 88
sel's name. 21 (a) Should the Vessel not arrive at the loading port stated in Box 19 and be in 89
(b) Definite date. - Unless otherwise agreed in Box 16 at least seven (7) ca- 22 all respects ready to load under this Charter Party by 1700 hours on the can- 90
lendar days before the Vessel's readiness to load the Master or Owners 23 celling date stated in Box 15, the Charterers are to have the option of cancel- 91
shall telegraph Charterers and/or Shippers as indicated in Box 16 stating 24 ling this Charter Party (or if the Charter Party is for more than one voyage, the 92
the definite date of the Vessel's readiness to load, the exact quantity of 25 voyage so affected), to be declared no later than the time of the Vessel's 93
cargo, and the Vessel's name. 26 readiness to load. 94
Shippers shall load the quantity of cargo required by this Charter Party or so 27 (b) If it appears that the Vessel will be delayed beyond the cancelling date 95
near thereto as Shippers can arrange without splitting contents of railroad 28 stated in Box 15, Owners shall, as soon as they are in a position to state with 96
cars. 29 reasonable certainty the day on which the Vessel should be ready, give no- 97
The definite date of the Vessel's readiness to load shall not be earlier than 30 tice thereof to Charterers asking whether they will exercise their option of 98
the approximate date, unless otherwise agreed. 31 cancelling the Charter Party (or if the Charter Party is for more than one voy- 99
If the Vessel is ready at the loading port prior to the notified definite date of 32 age, the voyage so affected). The option must then be declared within five 100
readiness to load, the laytime shall not commence earlier than 0800 hours 33 (5) running days of the receipt by Charterers of such notice, but not earlier 101
on the notified definite date of Vessel's readiness to load. 34 than fifteen (15) days before the revised date of loadreadiness. If Charterers 102
(c) Misrepresentation. - If the Owners or the Master have misrepresented 35 do not then exercise their option of cancelling, the seventh (7th) day after 103
the size of the holds and/or the quantity of cargo the Owners shall be 36 the readiness date stated in Owners' notice shall be regarded as a new can- 104
responsible for additional hire and/or demurrage on trucks, railcars and 37 celling date. This provision shall operate only once, and should the Vessel 105
lighters proved to be incurred thereby. 38 not arrive at the loading port stated in Box 19 and be in all respects ready to 106
If the Vessel is delayed for any reason whatsoever, with the exception of de- 39 load under this Charter Party by 1700 hours on the new cancelling date, the 107
lays being the direct consequences of causes excused by Clause 35 and/ 40 Charterers are to have the option of cancelling the Charter Party (or if the 108
or Clause 36 and unknown at the time when definite notice was given, for 41 Charter Party is for more than one voyage, the voyage so affected), to be 109
more than forty-eight (48) hours after 0800 hours on the definite date of Ves- 42 declared no later than the time of Vessel's readiness to load. 110
sel's readiness to load declared according to Clause 2(b), the Owners shall 43
pay the Shippers an amount of U.S.$ 0.15 per ton of 1000 kilos on the Bill of 44 7. Loading and Dischargingg 111
Lading quantity for each commenced day after the expiration of the said 45 (a) Cost. - Cargo to be loaded, spout trimmed and discharged, free of risk 112
forty-eight (48) hours but for a maximum of five (5) days. The amount pay- 46 and expense to the Vessel. The Master shall remain responsible for proper 113
able to Shippers shall be in lieu of any and all extra expenses caused by the 47 trimming with regard to the Vessel's seaworthiness. Trimming and/or level- 114
delay of the Vessel. The Shippers are entitled to ask and the Owners and/or 48 ling and/or filling required by the Master or Owners, except that which can 115
the Master are obliged to give the reasons for the delay to be confirmed by 49 be accomplished with the loading spout, shall be at Owners' expense and 116
certified extracts from Vessel's logbook. 50 time. 117
No compensation according to this Clause shall be payable if the Charter 51 (b) Gear and Lights. - Owners shall give free use, throughout the duration of 118
Party (or if the Charter Party is for more than one voyage, the voyage so af- 52 loading and discharging of sufficient light (as onboard), and, unless Vessel 119
fected) is cancelled according to Clause 6, but the Shippers shall in that 53 is described in Box 11 as gearless, of all Vessel's winches, derricks, cranes, 120
case maintain their right to claim damages for possible misrepresentation 54 running gear and of sufficient motive power to operate all winches simulta- 121
of the Vessel's position. 55 neously. All such equipment to be in good working order up to tested capa- 122
(d) E.T.A. - Seventy-two (72), forty-eight (48), and twenty-four (24) hours 56 city. In any event time lost on account of breakdowns of Vessel's gear essen- 123
prior to Vessel's arrival at the loading port Vessel shall telegraph Charterers 57 tial to or affecting the loading or discharging of this cargo is not to count as 124
and/or Shippers as indicated in Box 16 stating Vessel's E(stimated) T(ime) 58 laytime or time on demurrage, and any stevedore standby time charges 125
of A(rrival) at the loading port pilot station, or if already at port of loading dis- 59 shall be for Owners' account. Charterers and/or Receivers shall employ 126
charging inward cargo or for other reason, Vessel shall give corresponding 60 winchmen and/or crane drivers at their risk and expense. 127
notices when Vessel is expected to be ready to load the cargo under this 61 (c) Opening and Closing Hatches. - At each loading and discharging port 128
Charter Party. 62 the Vessel's crew shall, for Owners' account, open and close hatches, re- 129
(e) If Box 4 calls for Vessel(s) to be nominated Owners to nominate perform- 63 move and replace beams, if any, at all times before, after and during loading 130
ing Vessel(s) at least fifteen (15) calendar days before the Vessel's readi- 64 and discharging operations when and where required, provided local shore 131
ness to load. 65 labour regulations permit. If same, however, is not permitted by local shore 132
labour regulations, shore labour is to be employed for Charterers'/Ship- 133
3. Advance Notices (Discharging)) 66 pers' or Receivers' account. 134
(a) Sailing telegram. - On completion of loading the Master, Owners or 67 (d) Cargo requiring separate stowage of different grades is to be loaded into 135
Agents shall telegraph to Receivers or their Agents as indicated in Box 17, 68 separate holds, and quantities are to be suitable to the capacity of holds 136
stating date and time of sailing from last loading port, quantity of cargo, ex- 69 and Vessel's trim. Separations other than by holds or the Vessel's other 137
pected time of arrival and anticipated draught on arrival at the first dis- 70 natural compartments, if required by Charterers, are to be for Charterers' 138

This computer generated form is printed by authority of BIMCO. Any insertion or deletion to the form must be clearly visible. In event of any modification being made to the preprinted text of this document, which is
not clearly visible, the original BIMCO approved document shall apply. BIMCO assume no responsibility for any loss or damage caused as a result of discrepancies between the original BIMCO document and this
document.
 PART II
"Fertivoy 88" Charter Party
account. If the Vessel has the option of completing with other cargo, such 139 ceive respectively discharge the cargo under this Charter Party. 206
cargo is to be effectively separated at Owners' expense. 140 At loading port(s) when tendering notice, the Vessel is to provide certifica- 207
(e) Seaworthy Trim. - Vessel is to be left in seaworthy trim for shifting be- 141 tion by a competent independent surveyor that cargo holds are clean, dry, 208
tween berths and ports. 142 suitable and otherwise ready to receive the intended cargo. 209
(f) Stevedores. - At each loading and discharging port stevedores are to be 143 If the loading/discharging berth is not available on Vessel's arrival at or off 210
appointed by Charterers, Shippers and/or Receivers. 144 the port of loading/discharging or so near thereunto as the Vessel may be 211
(g) Grab discharge. - The Vessel to be suitable for grab discharge and no 145 permitted to approach, the Vessel shall be entitled to give notice of readi- 212
cargo to be loaded into spaces inaccessible to grabs, namely, deeptanks, 146 ness on arrival there with the effect that laytime counts as if she were in 213
bunker spaces, wings and ends of 'tween-decks. However, the Master has 147 berth and in all respects ready for loading/discharging provided that the 214
liberty of loading into such places for the purpose of stability of the Vessel, 148 Master warrants that she is in fact ready in all respects. Actual time occu- 215
and any expense over and above the costs of normal loading, spout trim- 149 pied in moving from place of waiting to loading/discharging berth not to 216
ming and grab discharge to be for Owners' account. Extra time used for 150 count as laytime. 217
loading and/or discharging into and/or from such places not to count. 151 If after berthing the Vessel is found not to be ready in all respects to load/ 218
discharge and/or fails to pass inspection as per Clause 12, lines 207 219
8. Weight Determinationn 152 through 209 the actual time lost from the discovery thereof until the Vessel is 220
(a) Quantity of cargo loaded on board the Vessel shall, as customary at the 153 in fact ready to load/discharge shall not count as laytime. 221
loading port, be determined by railroad weight certificates, and/or belt 154 If the Vessel requires more than twenty-four (24) running hours to be ready 222
scale weight certificates, and/or draught surveys carried out by a qualified 155 in all respects and/or to pass inspection, counting from the time of the initial 223
independent surveyor appointed by Charterers at their expense. Any time 156 failure to be ready and/or pass, the time spent waiting shall not count and a 224
used by the independent surveyor for weight determination after completion 157 new notice of readiness is to be tendered as soon as the Vessel is effective- 225
of loading shall count as laytime or, if the Vessel is on demurrage, as time 158 ly ready to load/discharge. In such case the Charterers may order the Ves- 226
on demurrage. 159 sel to vacate the loading or discharging berth, all time thereby lost and any 227
(b) The Vessel is to be presented for loading in such a trim and condition as 160 expense thereby incurred shall be for Owners' account. 228
to permit calculation of the Vessel's light displacement. Vessel is to furnish 161 In any case Owners shall be responsible for stevedore detention and/or 229
calibration scales for all tanks including fore and aft peak, double bottom 162 dead time and/or stand-by charges, if any, incurred by Charterers and/or 230
tanks and deeptanks. Vessel is to furnish capacity plans, displacement 163 Shippers and/or Receivers as a result of the particular Vessel's initial fai- 231
scales, deadweight scales and hydrostatic information all certified by the 164 lure to be ready in all respects to load/discharge and/or pass inspection as 232
Master as to correctness at the time of loading. Plimsoll marks amidships 165 per Clause 12, lines 207 through 209. 233
and draught marks at port and starboard sides bow and stern are to be 166
clearly cut and marked on shell plating. Additional cost and time lost 167 13. Time Countingg 234
caused by Vessel's failure to comply shall be for Owners' account. 168 At each port laytime for loading and discharging shall commence to count 235
twelve (12) hours after receipt of notice of readiness to load or discharge as 236
9. Bills of Ladingg 169 per Clause 12. If loading or discharging is commenced before commence- 237
The Master is to sign Bills of Lading as presented without prejudice to the 170 ment of laytime, one half the time actually used shall count. 238
terms, conditions and exceptions of this Charter Party. If the Master elects to 171
delegate the signing of Bills of Lading to his Agents, he shall give them such 172 14. Laytimee 239
power of attorney in writing, copy of which is to be furnished to Charterers. 173 (a) The laytime allowed for loading shall be computed at the rate stipulated 240
All Bills of Lading issued under this Charter Party shall provide that they are 174 in Box 20 on Bills of Lading quantity. The laytime allowed for discharging 241
subject to terms, conditions and exceptions whatsoever of this Charter 175 shall be computed at the rate stipulated in Box 25 on the cargo quantity dis- 242
Party. 176 charged at the discharge port(s) indicated in Box 24. 243
(b) All laytime to be based on weather working days of 24 consecutive 244
10. Claimss 177 hours. 245
(a) Any claim of the Owners upon the Charterers, Shippers and/or Receiv- 178 (c) In the event that the Vessel is waiting for loading or discharging berth, no 246
ers arising at port(s) of loading and/or discharge shall be notified in writing 179 laytime is to be deducted during such period for reasons of weather unless 247
by the Master to the Shippers or the Receivers before sailing from the port at 180 the Vessel occupying the loading or discharging berth in question is actual- 248
which the claim arose; a reservation in general terms will suffice. 181 ly prevented from working due to weather conditions in which case time so 249
(b) No claim for deadfreight will be entertained unless proper notice has 182 lost not to count. 250
been given to and acknowledged by Shippers before sailing. In case of dis- 183 (d) The agreed rates of loading and discharging as stated in Boxes 20 and 251
pute a claim for deadfreight to be supported by an independent surveyor's 184 25 respectively, apply on condition that the Vessel can receive/deliver at 252
report. 185 such rates. 253
(e) Time sheets or Statements of Facts at loading and discharging port(s) to 254
11. Bagged and Deck Cargoo 186 be signed by Agents of the Vessel, by the Master or his Agents and by the 255
(a) Tallying. - If shipment of cargo in bags, bales, cases and/or drums is 187 Charterers respectively Receivers or their Agents. 256
agreed according to Box 18 Vessel shall be responsible for the number of 188 (f) Unless otherwise indicated the rates indicated in Boxes 20 and 25 257
packages shipped and the Bills of Lading shall be evidence of quantity of 189 respectively, shall be deemed to be stated in metric tons of 1000 kilograms. 258
cargo shipped. 190 (g) Except where SHINC (Sundays and Holidays included) terms have been 259
(b) Dunnage. - If shipment of cargo in bags, bales, cases and/or drums is 191 agreed to and stipulated for loading in Box 20 and/or for discharging in Box 260
agreed, Charterers shall provide and pay for all dunnage material required 192 25, Sundays and local and/or legal holidays shall not count as laytime. 261
for the proper stowage and protection of the cargo, however, Owners to sup- 193 Laytime not to count from Saturdays 1200 hours to Sundays 2400 hours nor 262
ply free of charge all suitable dunnage for such purposes, as on board. The 194 from 1700 hours on a day preceding a holiday even if used (subject to 263
Vessel to have cargo battens fitted except for bulk cargo. 195 Clause 17 - Overtime). On Mondays or days following a holiday time to 264
(c) Deck Cargo. - If shipment of deck cargo is agreed according to Box 18, 196 count from 0001 hours. 265
same to be at Charterers' risk. Owners to supply free of charge all suitable 197 (h) Unless otherwise stated laytime shall be non-reversible. 266
cover-material for such purposes, as on board. 198
15. Demurragee 267
12. Notice of Readinesss 199 (a) Loading. - In the event that the Vessel is detained at the loading port(s) 268
The Master or Vessel's Agents shall give to the Shippers, respectively Re- 200 by Charterers or their Agents in excess of the allowed laytime, Charterers 269
ceivers or their Agents a written notice of Vessel's readiness to load respec- 201 shall pay Owners demurrage at the rate stated in Box 22 for every running 270
tively discharge. The notice shall be given within ordinary office hours (be- 202 day the Vessel is so detained and proportionately for any part of a day. 271
tween 0900 to 1700 hours on all days except Saturdays, Sundays and holi- 203 (b) Discharging. - In the event that the Vessel is detained at the discharging 272
days), whether the Vessel is in berth or not. 204 port(s) by Receivers or their Agents in excess of the allowed laytime, Re- 273
The notice shall not be given before the Vessel is in all respects ready to re- 205 ceivers shall pay Owners demurrage at the rate stated in Box 27 for every 274

This computer generated form is printed by authority of BIMCO. Any insertion or deletion to the form must be clearly visible. In event of any modification being made to the preprinted text of this document, which is
not clearly visible, the original BIMCO approved document shall apply. BIMCO assume no responsibility for any loss or damage caused as a result of discrepancies between the original BIMCO document and this
document.
 PART II
"Fertivoy 88" Charter Party
running day the Vessel is so detained and proportionately for any part of 275 Unless loading and/or discharging port(s) and/or berth(s) are named in this 344
a day. 276 Charter Party, the responsibility for providing safe port(s) and/or berth(s) of 345
(c) In case Owners cannot obtain settlement from Receivers, the Charterers 277 loading and/or discharging lies with the Charterers respectively Receivers 346
shall be responsible for the payment of any demurrage incurred. 278 provided always that Owners have complied with the maximum draught li- 347
mitations as per Boxes 21 and 26, respectively. 348
16. Despatch Moneyy 279
Owners shall pay Charterers despatch money at the rate stated in 280 19. Dues, Taxes and Chargess 349
Box 23 for all laytime saved in loading and at the rate stated in Box 28 for all 281 (a) On the cargo. - The Charterers/Shippers shall pay all dues, taxes and 350
laytime saved in discharging, portions of days to count proportion- 282 charges on the cargo at the port(s) of loading, and the Receivers at the 351
ately. 283 port(s) of discharge. 352
(b) On the Vessel. - Owners shall pay all port dues, pilotage, towage, and 353
17. Overtimee 284 other charges and/or taxes customarily charged to the Vessel. 354
(a) Expenses 285 (c) Owners to make their own financial arrangements for payment of disbur- 355
(i) All overtime expenses at loading and discharging port(s) shall be for 286 sements at ports of loading and discharging. 356
account of the party ordering same. 287 (d) St. Lawrence Seaway Tolls. - All St. Lawrence Seaway and/or Welland 357
(ii) If overtime is ordered by port authorities or the party (not being the Char- 288 Canal tolls on Vessel and/or cargo assessed by Canadian and United 358
terers, Shippers or Receivers) controlling the loading and/or discharging 289 States Authorities are to be paid and borne by Owners. 359
terminal or facility, all overtime expenses are to be equally shared between 290
the Owners and Charterers respectively Receivers. 291 20. Payment of Freightt 360
(iii) Overtime expenses for Vessel's officers and crew shall always be for 292 (a) The freight to be paid at the rate indicated in Box 29 without discount (ex- 361
Owners' account. 293 cept as specifically allowed under this Charter Party) seventy-two (72) 362
(b) Time Counting. - If overtime be worked during excepted periods ordered 294 hours after completion of loading and release of Bills of Lading on Bills of 363
by Owners the actual time used shall count. 295 Lading weight and in the manner prescribed in Box 30. If according to Box 364
If overtime be worked during excepted periods ordered by Charterers re- 296 29 only part of the freight is to be paid within 72 hours after completion of 365
spectively Receivers the actual time used shall not count. 297 loading, the balance shall be paid within 15 days after completion of dis- 366
If overtime be worked during excepted periods ordered by port authorities 298 charging. The full freight shall be deemed earned on shipment, ship and/or 367
or the party controlling the loading and/or discharging terminal or facility 299 cargo lost or not lost. 368
half the actual time used shall count. 300 (b) Charterers have the option to deduct commission as per Box 33 and un- 369
(c) SHINC (Sundays and Holidays included). - Section (b) shall not apply if 301 disputed despatch money earned at loading port(s) on payment of freight 370
SHINC has been agreed and indicated in Boxes 20 and 25, respectively. 302 and undisputed despatch money earned at discharging port(s) from any 371
balance of freight. 372
18. Berthing and Shiftingg 303
(a) Vessel shall go to the loading/discharging berth(s) as ordered by Char- 304 21. Agentss 373
terers/Shippers/Receivers or so near thereunto as she may safely get and 305 At loading and discharging ports Vessel to be consigned to Agents nominat- 374
lie always afloat, unless one or more specifically named berths have been 306 ed by Charterers or Owners as indicated in Boxes 31 and 32, respectively. 375
mutually agreed. 307 In all instances, customary agency fees shall be for Owners' account. 376
(b) If the Charterers/Receivers have the option of loading/discharging the 308
Vessel at two or more berths according to Boxes 19 and 24, respectively, the 309 22. Brokeragee 377
cost of shifting from one berth to another shall be borne by the Owners but 310 The brokerage at the rate stated in Box 33 upon the freight and deadfreight 378
time shall count, provided the Owners render all co-operation possible. 311 and demurrage (if incurred), is due by the Owners to the Brokers named in 379
(c) If Vessel is required by Charterers/Shippers/Receivers to shift out of the 312 Box 33 upon shipment of cargo. 380
loading or discharging berth(s) and back to the same berth(s), one berth 313 In case of non-performance one-third of the brokerage on the estimated 381
shall be deemed to have been used, but shifting expenses from and back to 314 amount of freight and deadfreight to be paid by the Owners to the Brokers as 382
the loading or discharging berth(s) so incurred shall be for Charterers/ 315 indemnity for the latter's expense and work. In case of more voyages the 383
Shippers/Receivers' account and laytime or time on demurrage shall count. 316 amount of indemnity to be mutually agreed. 384
(d) Warping. - The Vessel shall be moved to and from the loading/discharg- 317
ing appliances, as required, at Owners' risk and expense, but time to count. 318 23. Re-Charteringg 385
(e) Waiting Berth. - If Vessel moors at a waiting berth shifting expenses shall 319 The Charterers may re-charter whole or part of the Vessel without prejudice 386
be for Owner's account and time shifting from the waiting berth to the loa- 320 to this Charter Party, but the Charterers shall always remain responsible to 387
ding/discharging berth shall not count. This stipulation applies in respect of 321 the Owners for due fulfilment of this Charter Party. 388
each port of loading and discharging. 322
(f) If Vessel on completion of loading/discharging remains at the loading/ 323 24. Extra Insurancee 389
discharging berth(s) for an unreasonable length of time, any expenses in- 324 Any extra insurance on cargo incurred owing to Vessel's age, class, flag or 390
curred by the Charterers thereby shall be for Owners' account. 325 ownership to be for Owners' account and may be deducted from the freight, 391
(g) Draught and Lighterage. - Owners warrant that Vessel's deepest draught 326 in Charterers' option. The Charterers shall furnish evidence of payment 392
shall not exceed the maximum limitation stated in Box 21 on completion of 327 supporting such deduction. Unless a maximum amount has been agreed, 393
loading and the maximum limitation stated in Box 26 on arrival at discharg- 328 such extra insurance shall not exceed the lowest extra premium which will 394
ing port(s) stated in Box 24. Should the Vessel's deepest draught exceed 329 be charged for the Vessel and voyage in the New York insurance market. 395
these maximum limitations, any expenses, including lighterage, incurred to 330
enable the Vessel to leave the place of loading and/or reach the place(s) of 331 25. Deviationn 396
discharging, are to be at the expense and risk of the Owners, any custom of 332 The Vessel shall have the liberty to tow and to be towed and to assist Ves- 397
the port to the contrary notwithstanding, and time used not to count as lay- 333 sels in distress and to deviate for the purpose of saving life or property at 398
time or time on demurrage. 334 sea and to call at any ports in any order for repairs, or to make trial trips after 399
Should the Vessel be ordered to discharge at a place in which there is not 335 notice, or adjust compasses and/or radio equipment and reasonable exer- 400
sufficient water for her to get the first tide after arrival without lightening, and 336 cises of any of these liberties shall not be deemed to be a departure from the 401
lie always afloat, and provided Owners have complied with the maximum 337 contractual route. 402
arrival limitation, laytime is to count as per Box 25 at a safe anchorage for 338
similar Vessels bound for such a place, any lighterage expenses incurred to 339 26. Bunker Clausee 403
enable her to reach the place of discharging are to be at the expense and 340 The Vessel shall have the liberty as part of the contract voyage to proceed to 404
risk of Receivers, any custom of the port to the contrary notwithstanding, but 341 any port(s) at which bunker oil is available for the purpose of bunkering at 405
time occupied in proceeding from the anchorage to the discharging berth(s) 342 any stage of the voyage whatsoever and whether such port(s) is on or off the 406
is not to count as laytime or time on demurrage. 343 direct and /or customary routes between any of the ports of loading or 407

This computer generated form is printed by authority of BIMCO. Any insertion or deletion to the form must be clearly visible. In event of any modification being made to the preprinted text of this document, which is
not clearly visible, the original BIMCO approved document shall apply. BIMCO assume no responsibility for any loss or damage caused as a result of discrepancies between the original BIMCO document and this
document.
 PART II
"Fertivoy 88" Charter Party
discharging named in this Charter Party and may there take oil bunkers in 408 voyage and the freight shall be payable accordingly. 476
any quantity in the discretion of Owners even to the full capacity of fuel 409
tanks and deeptanks and any other compartment in which oil can be car- 410 31. Icee 477
ried, whether such amount is or is not required for the chartered voyage. 411 Loading Port 478
(a) If the Vessel cannot reach the loading port by reason of ice when she is 479
27. Lien and Cesserr 412 ready to proceed from her last port, or at any time during the voyage, or on 480
The Owners shall have a lien on the cargo for freight, deadfreight, demur- 413 her arrival, or if frost sets in after her arrival, the Master - for fear of the Ves- 481
rage, and average contribution due to them under this Charter Party. 414 sel being frozen in - is at liberty to leave without cargo; in such cases this 482
Charterers' liability under this Charter Party is to cease on cargo being 415 Charter Party shall be null and void. 483
shipped except for payment of freight, deadfreight and demurrage. 416 (b) If during loading, the Master, for fear of Vessel being frozen in, deems it 484
advisable to leave, he has liberty to do so with what cargo he has on board 485
28. General Averagee 417 and to proceed to any other port with option of completing cargo for Owners' 486
General average shall be adjusted, stated and settled in New York, N.Y., 418 own account to any port or ports including the port of discharge. Any part 487
U.S.A., according to York-Antwerp Rules 1974. 419 cargo thus loaded under this Charter Party to be forwarded to destination at 488
Vessel's expense against payment of the agreed freight, provided that no 489
29. New Jason and Both-to-Blame Collision Clausess 420 extra expenses be thereby caused to the Consignees, freight being paid on 490
The New Jason Clause and the Both-to-Blame Collision Clause as printed 421 quantity delivered (in proportion if lump sum), all other conditions as per 491
below, to be considered incorporated in this Charter Party and any Bill of 422 Charter Party. 492
Lading issued hereunder. 423 (c) In case of more than one loading port, and if one or more of the ports are 493
New Jason Clause. In the event of accident, danger, damage or disaster be- 424 closed by ice, the Master or Owners to be at liberty either to load the part 494
fore or after the commencement of the voyage, resulting from any cause 425 cargo at the open port and fill up else where for the Owners' own account as 495
whatsoever, whether due to negligence or not, for which, or for the consequ- 426 under sub-clause (b) or to declare the Charter Party null and void unless the 496
ence of which, the Carrier is not responsible, by statute, contract or other- 427 Charterers agree to load full cargo at the open port. 497
wise, the goods, Shippers, Consignees or owners of the goods shall contri- 428 Voyage and Discharging Port 498
bute with the Carrier in general average to the payment of any sacrifices, 429 (d) Should ice prevent the Vessel from reaching the port of discharge, the 499
losses or expenses of a general average nature that may be made or in- 430 Charterers/Receivers shall have the option of keeping the Vessel waiting 500
curred and shall pay salvage and special charges incurred in respect of the 431 until the re-opening of navigation and paying demurrage or of ordering the 501
goods. 432 Vessel to a safe and immediately accessible port where she can safely 502
If a salving ship is owned or operated by the Carrier, salvage shall be paid 433 discharge without risk of detention by ice. Such orders to be given within 48 503
for as fully as if the said salving ship or ships belonged to strangers. Such 434 hours after the Owners or Master have given notice to the Charterers/Re- 504
deposit as the Carrier or his Agents may deem sufficent to cover the esti- 435 ceivers of impossibility of reaching port of destination. 505
mated contribution of the goods and any salvage and special charges 436 (e) If during discharging, the Master, for fear of Vessel being frozen in, 506
thereon shall, if required, be made by the goods, Shippers, Consignees or 437 deems it advisable to leave, he has liberty to do so with what cargo he has 507
owners of the goods to the Carrier before delivery. 438 on board and to proceed to the nearest safe and accessible port. Such port 508
Both-to-Blame Collision Clause. If the Vessel comes into collision with ano- 439 to be nominated by Charterers/Receivers as soon as possible, but not later 509
ther ship as a result of the negligence of the other ship and any act, neglect 440 than 24 running hours, Sundays and holidays excluded, of receipt of Ow- 510
or default of the Master, Mariner, Pilot or the servants of the Carrier in the na- 441 ners' request for nomination of a substitute discharging port, failing which 511
vigation or in the management of the Vessel, the owners of the cargo carried 442 the Master will himself choose such port. 512
hereunder will indemnify the Carrier against all loss or liability to the other or 443 (f) On delivery of the cargo at such port, all conditions of the Bill of Lading 513
non-carrying ship or her Owners in so far as such loss or liability represents 444 shall apply and the Owners shall receive the same freight as if the Vessel 514
loss of, or damage to, or any claim whatsoever of the owners of said cargo, 445 had discharged at the original port of destination, except that if the distance 515
paid or payable by the other or non-carrying ship or her Owners to the 446 to the substitute port exceeds 100 nautical miles the freight on the cargo 516
owners of said cargo and set-off, recouped or recovered by the other or 447 delivered at that port to be increased in proportion. 517
non-carrying ship or her Owners as part of their claim against the carrying 448
Vessel or Carrier. The foregoing provisions shall also apply where the 449 32. Canadian Clause Paramountt 518
Owners, operators or those in charge of any ship or ships or objects other 450 If the Vessel loads in Canada, the Canadian Clause Paramount shall be in- 519
than, or in addition to, the colliding ships or objects are at fault in respect of 451 corporated in all Bills of Lading and shall read as follows: 520
a collision or contact. 452 This Bill of Lading, so far as it relates to the carriage of goods by water, shall 521
have effect, subject to the provisions of the Carriage of Goods by Water Act, 522
30. War Riskss 453 1970, Revised Statutes of Canada, Chapter C-15, enacted by the Parliament 523
(a) No Bills of Lading to be signed for any blockaded port and if the port of 454 of the Dominion of Canada, or any statutory re-enactment thereof, which 524
discharge be declared blockaded after Bills of Lading have been signed, or 455 shall be deemed to be incorporated herein, and nothing herein contained 525
if the port to which the Vessel has been ordered to discharge, either on sign- 456 shall be deemed a surrender by the carrier of any of its rights or immunities, 526
ing Bills of Lading or thereafter, be one to which the Vessel is or shall be pro- 457 or an increase of any of its responsibilities or liabilities under the said Act. If 527
hibited from going by the Government of the Nation under whose flag the 458 any term of this Bill of Lading be repugnant to said Act to any extent, such 528
Vessel sails or by any other Government, the Owner shall discharge the 459 term shall be void to that extent, but no further. 529
cargo at any other port covered by this Charter Party as ordered by the 460
Charterers (provided such other port is not a blockaded or prohibited port 461 33. U.S.A. Clause Paramountt 530
as above mentioned) and shall be entitled to freight as if the Vessel had 462 If the Vessel loads in the U.S.A., the U.S.A. Clause Paramount shall be incor- 531
discharged at the port or ports of discharge to which she was orginally 463 porated in all Bills of Lading and shall read as follows: 532
ordered. 464 This Bill of Lading shall have effect subject to the provisions of the Carriage 533
(b) The Vessel shall have liberty to comply with any orders or directions as 465 of Goods by Sea Act of the United States, approved April 16, 1936, which 534
to departure, arrival, routes, ports of call, stoppages, destination, delivery or 466 shall be deemed to be incorporated herein, and nothing herein contained 535
otherwise howsoever given by the Government of the Nation under whose 467 shall be deemed a surrender by the carrier of any of its rights or immunities 536
flag the Vessel sails or any department thereof, or by any other Government 468 or an increase of any of its responsibilities or liabilities under said Act. If any 537
or any department thereof, or any person acting or purporting to act with the 469 term of this Bill of Lading be repugnant to said Act to any extent, such term 538
authority of such Government, or any department thereof, or by any commit- 470 shall be void to that extent, but no further. 539
tee or person having, under the terms of the War Risks Insurance on the 471
Vessel, the right to give such orders or directions and if by reason of and in 472 34. Water Pollution Clausee 540
compliance with any such orders or directions anything is done or is not 473 Any time lost on account of Vessel's non-compliance with Government and/ 541
done, the same shall not be deemed a deviation, and delivery in accor- 474 or State and/or Provincial regulations pertaining to water pollution shall not 542
dance with such orders or directions shall be a fulfilment of the contract 475 count as laytime or time on demurrage. 543

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 PART II
"Fertivoy 88" Charter Party
shall have the option of keeping the Vessel waiting until such strike or lock- 615
35. Strikes, Stoppages, etc.. 544 out is at an end against paying half demurrage after expiration of the time 616
(a) Port of Loading 545 provided for discharging, or of ordering the Vessel to a safe port where she 617
(i) The parties hereto mutually exempt each other from all liability (except as 546 can safely discharge without risk of being detained by such strike or lock- 618
hereinafter provided) arising from or for time lost through riots, strikes, lock- 547 out. Such orders to be given within forty-eight (48) hours after the Owners 619
outs of workmen, or disputes between masters and men at the mines, on 548 have given notice to the Consignees of Vessel's readiness to discharge or of 620
railroads or at loading port(s) or by reason of accidents to mines, railroads 549 the Owners' request for orders. 621
or machinery, obstructions in harbours (not including congestion of ship- 550 (iii) In the event the Vessel is ordered to an alternative discharge port as pro- 622
ping or shore traffic unless resulting from a cause exempted by this Clause), 551 vided for in aforesaid (i) or (ii) all conditions of this Charter Party and the Bill 623
interruption (wholly or partly) of the fuel supply of shippers or the suppliers 552 of Lading issued hereunder shall apply to the delivery of the cargo at such 624
of cargo, or by reason of epidemic, frost, fire, floods, fogs, storms, earth- 553 substitute port, and the Owners shall receive the same freight as if the cargo 625
quakes, landslides, avalanches, restraints of established authorities, and 554 had been discharged at the original port of destination, except that if the 626
any unavoidable accidents and hindrances, beyond their control, either 555 distance to the substitute port exceeds 100 nautical miles, the freight on the 627
preventing or delaying the mining, supplying, working or loading of the 556 cargo delivered at the substitute port to be increased in proportion. 628
cargo for which the Vessel is stemmed taking place on or after the date of 557
the Charter Party. 558 36. Exceptionss 629
(ii) In the event of any stoppages arising from any of the aforesaid causes af- 559 Owners shall be bound before and at the beginning of the voyage to exer- 630
fecting the loading of the cargo or any part of it when the Vessel is ready to 560 cise due diligence to make the Vessel seaworthy and to have her properly 631
proceed from her last port or at any time during the voyage to the port or 561 manned, equipped and supplied and neither the Vessel nor her Master or 632
ports of loading or after her arrival there, the Master or Owners may ask the 562 Owners shall be or shall be held liable for any loss or damage or delay to the 633
Charterers to declare that they agree to reckon the laydays as if there were 563 cargo for causes excepted by the Canadian Carriage of Goods by Water 634
no such stoppage(s) or, alternatively, to declare an alternative loading port. 564 Act, 1970 or the U. S. Carriage of Goods by Sea Act, 1936. 635
Unless Charterers have given such declaration in writing (by telegram, if ne- 565 Neither the Vessel, her Master or Owners, nor the Charterers or Receivers 636
cessary) within twenty-four (24) hours, Owners shall have the option of can- 566 shall, unless otherwise in this Charter Party expressly provided, be respon- 637
celling the Charter Party (or if the Charter Party is for more than one voyage, 567 sible for loss of or damage or delay to or failure to supply, load, discharge or 638
the voyage so affected), such option to be declared within 5 working days. In 568 deliver the cargo arising or resulting from: - The acts of God, public ene- 639
the event that the Charterers direct the Vessel to an alternative loading port, 569 mies, wars, the restraints of rulers, princes and people, strike or lock-out of 640
any additional charges or expenses including compensation for Vessel's 570 crew, pirates, robbers and arrests, fires on land or sea, floods, blockades, 641
time incurred by reason of the change in loading port, to be for Charterers' 571 riots, insurrections, Civil Commotions, earthquakes, explosions, barratry of 642
account. If part cargo has already been loaded, the Vessel may proceed 572 Master or crew, stranding, collision and every danger and accident of the 643
with same (freight payable on loaded quantity only) having liberty to com- 573 sea, river, machinery, boilers, navigation and latent defects in the hull or 644
plete with other cargo on the way, for her own account. 574 machinery of whatever nature or kind; but nothing in the Charter Party shall 645
(iii) In the event of any stoppage or stoppages arising from any of the afore- 575 exempt the Owners from liability for failure to perform any of the duties im- 646
said causes - other than riots, strikes, lock-outs of workmen, disputes be- 576 posed on carriers by the Canadian Carriage of Goods by Water Act, 1970 or 647
tween masters and men at the mines, on railroads or at loading port(s), in- 577 the U.S. Carriage of Goods by Sea Act, 1936. 648
terruption of the fuel supply of shippers or suppliers of cargo, frost and fogs 578
- affecting the loading of the cargo or any part of it and the Vessel is already 579 37. Law and Arbitrationn 649
on demurrage when such stoppage or stoppages occur and provided no 580 Any dispute of law or fact arising under this Charter Party shall be referred to 650
cargo shall have been loaded on board, the Charterers may give not less 581 arbitration at the place agreed according to sub-clause 37.1., 37.2. or 37.3. 651
than forty-eight (48) hours telegraphic notice, expiring not earlier than five 582 of this Clause and so stated in Box 34. Such arbitration must commence 652
(5) days after the Vessel has been on demurrage, that they wish to cancel 583 within one (1) year of final discharge or from the date of cancellation if the 653
the Charter Party (or if the Charter Party is for more than one voyage, the 584 voyage is not performed. 654
voyage so affected) unless Owners agree to maintain the Charter Party with 585
no demurrage being incurred for the remainder of the time lost through said 586 *) 37.1. This Charter Party shall be governed by English law and any 655
stoppage or stoppages. In either case demurrage shall be payable until ex- 587 dispute arising out of this Charter Party shall be referred to arbitration in 656
piration of the aforesaid notice. If part cargo has already been loaded, Char- 588 London, one arbitrator being appointed by each party, in accordance with 657
terers may order the Vessel to proceed with the quantity loaded paying 589 the Arbitration Acts 1950 and 1979 or any statutory modification or re-enact- 658
freight on the quantity loaded subject to a minimum of 2/3rds of the quantity 590 ment thereof for the time being in force. On the receipt by one party of the 659
declared in accordance with Clause 2(b), in which case demurrage is to be 591 nomination in writing of the other party's arbitrator, that party shall appoint 660
paid until such time as the Vessel has been given orders to proceed, or 592 their arbitrator within fourteen days, failing which the decision of the single 661
Charterers may discharge such part cargo at the loading port and notify 593 Arbitrator appointed shall apply. If two Arbitrators properly appointed shall 662
Owners of their wish to cancel in the same manner as stated above in the 594 not agree they shall appoint an umpire whose decision shall be final. 663
case where no cargo has been loaded, in which case demurrage shall be 595 *) 37.2.Should any dispute arise out of this Charter Party, the matter in 664
payable to the expiration of the notice period or, if the part cargo is to be dis- 596 dispute shall be referred to three persons at New York, one to be appointed 665
charged, to the completion of discharge, whichever shall last occur. In the 597 by each of the parties hereto, and the third by the two so chosen; their deci- 666
event that the Vessel is ordered to proceed with less than 2/3rds of the 598 sion or that of any two of them shall be final, and for purpose of enforcing any 667
quantity declared in accordance with Clause 2(b), Charterers are to have 599 award, this agreement may be made a rule of the Court. The arbitrators shall 668
the right to complete with other lawful cargoes for their own account, Char- 600 be members of the Society of Maritime Arbitrators, Inc. of New York and the 669
terers paying any additional charges or expenses including compensation 601 proceedings shall be conducted in accordance with the rules of the 670
for any additional time used by the Vessel by reason of taking the comple- 602 Society. 671
tion cargo at the rate of demurrage specified in Box 22. 603 *) 37.3. Any dispute arising out of this Charter Party shall be referred to 672
(b) Port of Discharge 604 arbitration at the place indicated in Box 34 subject to the law and proce- 673
(i) In the event of riots, civil commotion, accidents or any other causes di- 605 dures applicable there. 674
rectly connected with the discharging, receiving or warehousing (in the 606 37.4. If Box 34 in Part I is not filled in, sub-clause 37.1. of this Clause shall 675
port) of the cargo, beyond the control of the Consignees, any time lost there- 607 apply. 676
by shall not count unless the Vessel is already on demurrage. If the Vessel is 608
already on demurrage, Charterers may keep the Vessel at the discharging 609 *) 37.1., 37.2. and 37.3. are alternatives; indicate alternative agreed in Box 34. 677
port against payment of full demurrage with liberty at any time of ordering 610
the Vessel to an alternative discharge port where she can safely discharge 611
without risk of being detained by the said stoppage or stoppages. 612
(ii) In the event of strikes or lock-outs affecting the discharging of the cargo 613
on or after Vessel's arrival at or off the port of discharge, the Consignees 614

This computer generated form is printed by authority of BIMCO. Any insertion or deletion to the form must be clearly visible. In event of any modification being made to the preprinted text of this document, which is
not clearly visible, the original BIMCO approved document shall apply. BIMCO assume no responsibility for any loss or damage caused as a result of discrepancies between the original BIMCO document and this
document.